2003-04-16 Regular Meeting .......... ....................................................
'D E C. ............................................I...................
KODIAK ISLAND BOROUGH ............ 11
PLANNING AND ZONING COMMISSI,
REGULAR MEETING APRIL 16, 2003 Ili ' Y 6 ..........
MINUTES .................................................................................... ...........
C�
BOR('YUGH I EIRK'S OFF CE
1. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by CHAIR WILLIAMS on April 16, 2003 in the Borough Assembly Chambers.
H. ROLL CALL
Commissioners Present Others Present
Barbara Williams—Chair Duane Dvorak, Director
Gary Carver Community Development Dept.
Jerrol Friend Erin Whipple, Secretary
Cheryl Boehland Community Development Dept.
Jake Ketscher
Dennis McMuffy
Reed Oswalt
A quorum was established.
Commissioners not present
All were present
III. APPROVAL OF AGENDA
COMMISSIONER OSWALT MOVED TO APPROVE the agenda as presented. The
motion was SECONDED by COMMISSIONER KETSCHER, and CARRIED by
unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER OSWALT MOVED TO APPROVE the minutes of the March 19,
2003 Planning and Zoning Commission regular meeting as submitted. The motion was
SECONDED by COMMISSIONER KETSCHER, and CARRIED by unanimous voice
vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Sheila Roberts, Womens Bay Resident: Spoke regarding the appeals code revision.
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Bill Roberts, Womens Bay Resident: Spoke regarding the appeals code revision.
Ed Mahoggy,, Anton Larsen Resident: Spoke regarding the withdrawn conditional use
permit application in Anton Larsen.
Jac kDgyle,WomensBay Resident: Spoke regarding the appeals code revision.
Margaret Short, Anton Larsen Resident: Spoke regarding the withdrawn conditional use
permit application in Anton Larsen.
Shari Doyle, Womens Bay&esident: Spoke regarding the appeals code revision.
Tess Dietrich, Womens Bgy Resident: Spoke regarding the appeals code revision.
Karen "ashin, Womens B_ay_Resident: Spoke regarding the appeals code revision.
Casey Janz,.Womens Bgy Resident: Spoke regarding the appeals code revision.
VII. PUBLIC HEARINGS
A) Case S03-003. Request for the vacation and replat of Woodland Acres, Lots
AIA, A.113, AIC and Erwin Estates, Lot 1, creating Erwin Estates, USS 1682,
Lots 1A, 4, 5, 6, 7 including the vacation of a five (5) foot portion of a fifteen(15)
foot pedestrian access easement over a portion of Lot 1, in Estates and the
amendment of a plat note, per plats 99-23, 98-21 and 95-23 to eliminate a
prohibition on structural development, and creating a forty (40) foot private drive
access road. (Postponed from the March regular meeting).
STAFF reported that two hundred nine public (209) public hearing notices were
sent with distribution including all property owners within US Survey 1682.
Seven (7) new responses were received prior to the meeting objecting to the
request and one (1) was received stating no objection. With the previous month's
notices twenty-four (24) responses were returned objecting to the request and one
(1) response was returned indicating no objection. Staff recommended that this
plat be returned to the applicant for correction as outlined in the supplemental
report dated April 9, 2003, as permitted by KIBC 16.40.060.E and AS 29.40.110.
CON4ARSSIONER BOEHLAND MOVED TO return the plat to the subdivider
for correction, as permitted by KEBC 16.40.060.E and AS 29.40.110, and to
postpone Case S03-003, until the next regular scheduled meeting of the Planning
and Zoning Commission on May 21, 2003 so to as the revised It is re-
submitted by the agenda deadline on April 18, 2003, otherwise, it will fall on the
next meeting agenda for which it is timely submitted.
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The motion was SECONDED by COMMISSIONER FRIEND.
Regular session closed.
Public hearing opened:
Maria Painter, Applicant: Spoke in support of her request and reviewed her
submission tothe commission submitted that evening.
Jim Crane, Woodland Acres resident: Spoke against this request.
Me] Stevens, Applicant's Attorney: Spoke in support of this request.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER FRIEND MOVED TO AMEND the main motion to
reference conditions of approval, as contained in the April 9, 2003 staff report,
numbers 2, 3 (per KIBC 16.040.2), 6, 8, and 9 to be addressed by the petitioner.
The amendment was SECONDED by COMMISSIONER WILLLkMS.
The question was called, and the motion CARRIED, six yeas to one nay.
Commissioner Oswalt was the nay.
The question was called on the amended main motion and CARRIED, four yeas
to three nays. Commissioners Ketscher,McMurry, and Oswalt were the nays.
15 minute recess.
B) Case 03-007. Request for a rezone in accordance with KIBC 17.72.030.0
(Manner of initiation), of Lot 17A and a portion of Lot 17, Block 3, Leite
Addition (proposed Lot 17A-1, Block 3, Leite Addition, per Case S03-001) from
R
1- igl ily Residential to PL-Public Use Land.
Staff reported that sevety-four (74) public hearing notices were sent out with no
responses being received prior to the meeting. Staff recommended that this
request be forwarded to the Assembly with a recommendation for approval.
COMMISSIONER KETSCHER MOVED TO recommend that the Kodiak Island
Borough Assembly approve the rezoning of Lot 17A-1, Block 3, Leite Addition
from RI-Single-family Residential tQ PL-Public Use Land, subject to an effective
clause, and to adopt the "Findings of Fact" in the staff report dated April 9, 2003
in support oft is recommendation.
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EFFECTIVE CLAUSE
The rezone will become effective upon the recordation and filing of the It
approved by the Commission in Case S03-001.
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following
criteria into their report tote Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
The rezone is needed as a it housekeeping measure to make the zoning
conform tote new lot boundaries created by the consolidation plat filed for Case
S03-001. The rezone will not have a substantial impact on the use of the property
by the City of Kodiak.
17.72.020 B. Findings as to the Effect a Chqngg_2r Amendment would have on
the Objectives of the Comprehensive Plan.
Lot 17A-1 is restricted from residential development due to its lot width less than
60 feet, over, the area will be used in support of the surrounding residential
areas, is are consistent with the intent of the Medium Density Residential land
use designation.
The motion was SECONDED by COMMISSIONER OSWALT.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
C) Case 03-008. Request for a conditional use permit, in accordance with KI13C
17.67, to permit the reopening of the Port Bailey Cannery for several uses within
the -Coss tion Zoning District. Proposed uses would include: commercial
cold storage for fisherman; custom processing, freezing, storage and shipping of
fish; fishing gear storage and work areas; fuel station for fishing boats; overnight
lodging for fisherman and recreational visitors (i.e. Hunters, fisherman,
P&Z Minutes-April 16,2003 Page 4 of 9
ecotourists, etc.); cafe lbistro; commercial store, naturalist programs; various shops
supplying visitor needs; first aid station. Accommodations for approximately 100
guests plus 25-30 full-time employees.
STAFF indicated four (4) public hearing notices were distributed for this case
with none being returned. Staff recommended approval of this request subject to
four conditions of approval.
COMWSSIONER FRIEND MOVED TO grant a request for a conditional use
permit, in accordance with Section 17.13.040.D (Conditional Uses) of the
Borough Code, to permit a seafood processing plant and lodging use for up to 100
guests and 30 staff, and related facilities on approximately 20 acres of uplands and
47 acres of tidelands associated with the site, subject to the conditions of approval
contained in the staff report to April 9, 2003 and to adopt the findings
contained in that staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. This conditional use permit is issued fora maximum of one hundred
guests plus thirty staff people.
2. Submit a solid to management plan to ADEC and obtain approval, or,
in the alternative, obtain a letter from ADEC indicating that a review or
approval of a waste management plan is not required.
3. Submit a solid waste management plan to the Alaska Department of Fish
and Game Department Habitat division to ensure consistency with the
Kodiak Archipelago Bear Management Plan.
4. Submit plans and specifications of onsite water and wastewater facilities
to ADEC to ensure the facilities are adequate to meet state regulations for
systems in support of facilities available to serve the public.
FINDINGS OF FACT
17.67.05 A. That the conditional use Will Dreserve the value, spirit, character and
integrity of the surrougding area.
The Port Bailey Cannery has been in existence for more than 50 years. Although
the site has not operated for several years, there is still substantial infrastructure
and facilities located on the site is are capable of being put back into service.
17.67.05 B. That the conditional use fulfills all other reguire ments of this chs ter
pertaining tothe conditional use in question.
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This proposed conditional use is consistent with both the intent of KIBC
17. 7. requiring compatibility of the activity with the surrounding area, and
also KIBC 17.13.010 addressing the description and intent oft e C-Conservation
zoning district, which provides for limited commercial land uses. It is also
consistent with the special district regulations of the C-Conservation zoning
district in KIBC 17.13.090 since impact on the natural environment will not
exceed historical amounts.
17.67.05 C. That aranting the conditional use permit will not be h to the
public health, safety. convenience and comfort.
The granting of this conditional use permit will not be harmful to the public
health, safety, convenience and comfort since there are few immediate neighbors
in the surrounding area. The Port Bailey Cannery preceded development on most,
if not all other sites in the immediate vicinity. Conditions of approval have been
recommended to ensure that the impact of the proposed uses will not adversely
impact surrounding land uses or facilities. Suggested reviews by ADEC and
ADF&G will ensure to the extent possible that the public's health and safety will
be preserved.
17.67.05 D. That sufficient setbacks, lot e , buffers or other safe arils e
beinrovideto meet the conditions listed in subsections A through C of this
section.
Minimum lot area and setback requirements are satisfied. Natural buffering is
provided by vegetation and topography. The potential for conflicts with
surrounding neighbors appears to be minimal.
The motion was SECONDED by COMMISSIONER KETSCHER.
Regular session closed.
Public hearing opened:
Robert Gustafson, Applicant: Answered questions asked by the Commissioners.
Clarence Sell gKodiak resident: Had some questions regarding the proposed
uses.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called, and the motion CARRIED by unanimous roll call vote.
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VIII. OLD BUSINESS
A. Appeals Code Revision
Staff reported that the Commission was given this assignment by the Assembly
several months ago. The topic was removed from the agenda to be dealt with at a
work session. One and a half work sessions have been devoted to working on this
issue.
COMMISSIONER KETSCHER MOVED that the Kodiak Island Borough
Planning & Zoning Commission adopt Kodiak Island Borough Planning &
Zoning Resolution 2003-04.
The motion was SECONDED by COMMISSIONER OSWALT.
The question was called, and the motion FAILED five nays to two yeas.
Commissioners Oswalt and Ketscher were the two yeas.
IX NEW BUSINESS
There was no new business.
X. COMMUNICATIONS
A) Letter dated March 10, 2003 to Maureen McCrea from Duane Dvorak regarding the
Woody Island Old Housing Area Clean-up.
B) Letter dated March 11, 2003 to Glenn and Mary Mathes from Martin Lydick
regarding quarry operations located at Bells Flats Subdivision, Block 7, Lot 17.
C) Letter to March 12, 2003 to Grant and Rebecca Shields from Martin Lydick
regarding junkyard operations located at Mountain View Subdivision I" Addition
Tract K.
D) Letter dated March 13, 2003 to Lester Russell from Martin Lydick regarding quarry
operations located at Industrial Park Tract A.
E) Letter dated March 13, 2003 to Ah and Ana Limchantha regarding zoning violations
located at Allman & Lalande Subdivision Lot 5A.
There were no further communications.
COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of item A
through its E of Communications. The motion was SECONDED by
COMMISSIONER KETSCHER, and CARRIED by unanimous voice vote.
XI. REPORTS
STAFF reported the following meeting schedule:
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■ April 30,2003 work session at 7:30 p.m. in the Assembly Chambers. Review
oft e Womens Bay Community Plan Update.
■ May 14, 2003 or session at 7:30 p.m. in the KIB Conference room.
■ May 21, 2003 —date to be determined due to possible Board of Equalization
Meeting.
There were no further reports.
COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER BOEBLAND, and CARRIED by
unanimous voice vote.
XH. AUDIENCE COMMENTS
Shari Doyle, Womens Bgy resident: Spoke regarding the appeals code revision (Old
Business A) and the vote that was taken on resolution 2003-04.
Bill Roberts,..Womens Bay resident: Spoke regarding the appeals code revision.
Nancy Wells, Assembly Member: Spoke regarding the appeals code revision.
Sheila RobertsWomens Ba resident: Spoke regarding the appeals code revision.
Tess Diegich,,.Womens resident: Spoke regarding the appeals code revision.
Jack Dovie, Womens Bgy resident: Spoke regarding the appeals code revision.
XIII. COMMISSIONERS' COMMENTS
COMMISSIONER BOEHLAND: Spoke regarding the processes of the Borough and the
Planning &Zoning Commission. Thanked Staff for all their work.
COMMISSIONER CARVER: Spoke regarding the appeals code revision.
COMMISSIONER MCMURRY: Thanked Assembly Member Wells for attending the
meeting. Feels there is need for more communication between the Commission and
Assembly.
COMMISSIONER KETSCHER: Spoke regarding the appeals code revision.
COMMISSIONER FRIEND: Stated the need for a joint meeting with the Assembly,
Spoke regarding the appeals code revision.
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COMMISSIONER OSWALT: Spoke regarding the appeals code revision.
COMMISSIONER WILLIAMS: Thanked everyone for their work and attending the
meeting.
JX. ADJOURNMENT
CHAIR WILLIAMS ADJOURNED the regular meeting at 10.30 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Barbara Williams, Chair
ATTEST
By:
Erin Wbiple,�Se�cretary
Community Development Department
DATE APPROVED: May 28, 2003.
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