2016-11-30 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION REGULAR MEETING
MINUTES
November 30, 2016 Regular Meeting 6:30 pm -Borough Assembly Chambers
CALL TO ORDER
CHAIR ARNDT called to order the November 30, 2016 regular meeting of the Planning &
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE — Chair
ROLL CALL
Greg Spalinger requested excusal.
Commissioners present were Scott Arndt, Jay Baldwin, Barry Altenhof, Maria Painter, and Alan
Schmitt. Excused was Greg Spalinger.
A quorum was established.
COMMISSIONER BALDWIN MOVED to excuse Greg Spalinger.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
Community Development Department staff present was Director Mason, Jack Maker, Sheila
Smith, and Daniel McKenna -Foster.
APPROVAL OF AGENDA
COMMISSIONER BALDWIN MOVED to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER BALDWIN MOVED to approve the October 19, 2016 minutes
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZENS' COMMENTS
For agenda Items not scheduled for public hearing and general comments Limited to three
minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202.
Neal Moomey, Kodiak Island Sportman's Association President, spoke regarding Case 17-012.
He also stated residential is being proposed in the Salonie Valley downstream of the rifle range
and he feels this is a poor decision due to the shooting range being incompatible with
residential.
PUBLIC HEARINGS
Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free
is 1-855-492-9202.
Kodiak Island Borough Planning & Zoning Commission Minutes
November 30, 2016 Page 1
A) CASE S16-003. (Postponed from the May 18, 2016 regular meeting. Request a
vacation of a portion of the platted Monashka Circle cul-de-sac right-of-way adjacent to
Lots 9, 10A, 11A, and 12B, Block 1, Monashka Bay Subdivision (KIBC 16.60). This
vacation will reduce the diameter of the cul-de-sac from 200' to 100'. The applicant is the
Kodiak Island Borough and the agent is Reed Oswalt, Bay View Road Service Area Chair.
The location is the North end of Monashka Circle and the zoning is RR1-Rural Residential
One.
COMMISSIONER BALDWIN MOVED to approve the vacation of a portion of the platted
Monashka Circle cul-de-sac right-of-way adjacent to Lots 9, 10A, 11A, and 12B, Block 1,
Monashka Bay Subdivision.
Jack Maker gave a staff report stating the postponements were to allow the applicant time to
construct improvements or provide supplement information that would accurately define the
area that could be vacated. Due to topography in the area it doesn't appear that a 100" diameter
cul-de-sac right-of-way is capable of accommodating a 96' improved driving surface and the cut,
slope, and any ditching that goes with that. The applicant has not constructed the improvements
or provided the requested additional information. Staff recommends denial of this request.
Open public hearing:
None
Close public hearing:
Brief commission discussion.
COMMISSIONER PAINTER MOVED to postpone Case S16-003 until the January 18, 2017
regular meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE FAILED 2-3. The noes were
COMMISSIONERS ARNDT and SCHMITT. The ayes were COMMISSIONERS BALDWIN,
ALTENHOF, and PAINTER.
Brief discussion.
ROLL CALL VOTE ON MOTION FAILED 5-0.
COMMISSIONER SCHMITT MOVED to adopt the following findings of fact in support of the
denial of the vacation of a portion of the platted Monashka Circle cul-de-sac right-of-way
adjacent to Lots 9, 10A, 11 A, and 12B, Block 1, Monashka Bay Subdivision as "Findings of
Fact" for Case No. 516-003.
FINDINGS OF FACT
1. The information provided by the applicant does not satisfy the requirements for approval
under Chapter 16.60 KIBC (Vacations).
2. Due to site topography (downslopes exceeding 10' in some areas), a 100' diameter cul-de-
sac right-of-way would not be capable of accommodating the improvements required by
Chapter 16.70 KIBC (Improvements required), Chapter 16.80 KIBC (Standards for road
improvements), and the adopted fire code.
ROLL CALL VOTE ON MOTION CARRIED 5-0. When asked if anyone wished to change
their vote COMMISSIONER PAINTER changed her vote from no to aye.
B. CASE 16-020 (Postponed from the July 13, 2016 regular meeting). Request a
Conditional Use Permit for non -recreational mineral extraction activities (gravel
Kodiak Island Borough Planning & Zoning Commission Minutes
November 30, 2016 Page 2
extraction) on a portion of Section 28, T.29S, R.201N, Seward Meridian (KIBC 17.200 and
17.50.040.F). The applicant is Leisnoi, Inc. and Koniag, Inc. and the agent is Koniag, Inc.
The location is Near Mile 21, Chiniak Highway (known as the old Rendezvous gravel pit)
and the zoning is C -Conservation.
COMMISSIONER BALDWIN MOVED to to grant a Conditional Use Permit for non -recreational
mineral extraction on a Portion of Section 28, T.29S, R.20W, Seward Meridian (KIBC 17.200
and 17.50.040.F).
Jack Maker gave a staff report stating the applicant requested postponement due to Quality
Asphalt Paving finding an alternate source of gravel for the Chiniak Highway paving project. The
intent of the permit was to supply gravel for that project. Given new circumstances, staff
determined that much of the information is no longer applicable. Staff recommends denial of this
request.
Open public hearing:
Todd Hiner spoke in opposition to this request.
Close public hearing:
Commission discussion.
ROLL CALL VOTE ON MOTION FAILED 5-0.
COMMISSIONER SCHMITT MOVED to adopt the following Findings of Fact in support of denial
of the Conditional Use Permit for non -recreational mineral extraction (gravel extraction) on a
portion of Section 28, T29S, R20W, Seward Meridian (KIBC 17.200 & 17.50.040.F) as Findings
of Fact for Case 16-020.
FINDINGS OF FACT
1. Unforeseen circumstances have resulted in significant changes to this Conditional Use
Permit request.
2. Due to the changes to this Conditional Use Permit request, the information provided in the
application is no longer applicable.
3. The additional information required to address the changes to this Conditional Use Permit
request has not been provided.
4. The information provided is incomplete and does not satisfy the standards required for the
granting of a Conditional Use Permit under KIBC 17.200.050.
5. Denial of this request does not prohibit the applicant from reapplying for a Conditional Use
Permit for gravel extraction on this site.
ROLL CALL VOTE ON MOTION CARRIED 5-0.
C. CASE S17-002 (Postponed from the September 21, 2016 regular meeting) Request
preliminary approval of the subdivision of Lot 1A-4, U.S. Survey 3465 creating Lots 1A -
4A. 1A -4B, 1A -4C, 1A-413, and 1A -4E, U.S. Survey 3465. This subdivision amends a plat
covenant that designates Lot 1A-4 (± 3 acres) for parks and recreational purposes by
designating only Lot 1A -4E (a ± 2 acre portion of Lot 1A-4) for those purposes. The
applicant is the Kodiak Island Borough and the agent is the KIB Resource Management
Officer. The location is 593 Island Lake Road and the zoning is PL -Public Use Lands
(rezone to R2 -Two -Family Residential pending final approval by the Borough Assembly).
Kodiak Island Borough Planning & Zoning Commission Minutes
November 30, 2016 Page 3
COMMISSIONER BALDWIN MOVED to grant preliminary approval of the subdivision Lot 1A-4,
U.S. Survey 3465 creating Lots 1A -4A. 1A -4B, 1A -4C, 1A -4D, and 1A -4E, U.S. Survey 3465
(KIBC 16.40) subject to three (3) conditions of approval, and to adopt the findings in the
supplemental staff report dated November 2, 2016 and entered into the record for this case as
"Findings of Fact" for case 517-002.
Jack Maker gave a staff report stating this is for the subdivision of a borough owned lot into five
lots. This request was postponed from the September regular meeting to allow the applicant
time to address the drainage concerns raised. Staff learned that the applicant plans to
reconfigure the subdivision design to create four lots which is an attempt to address the
drainage issues. Up until recently, no information was provided on that but the Resource
Management Officer did provide you with a drainage plan and a reconfigured plat but staff has
not received that plat yet. Due to the changes, staff recommends postponing until the January
18, 2017 regular meeting.
Duane Dvorak, Resource Management Officer, gave a brief staff report stating this markup
doesn't have lot designations and other information. He correlated the drainage study
information from his own field observations and working with the surveyor. There have been
substantial changes.
The commission expressed concern regarding drainage issues, the flow of water, icy road, and
an additional setback for the corner lot.
Commission discussion.
COMMISSIONER PAINTER MOVED to postpone to the January 18, 2017 regular meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 5-0.
D. CASE S17-004. Request preliminary approval of the replat of Lots 1 thru 40, Cliff Point
Estates Subdivision, vacating and reestablishing associated easements, and creating
Lots 1 thru 11 and Tracts A, B, and C, Cliff Point Estates Subdivision, Oceanfront
Addition No. 1 (KIBC 16.40). The applicant is Oceanfront Kodiak, LLC and the agent is
Mark Anderson. The location is Cliff Point, Milepost 14 Chiniak Highway and the
zoning is C -Conservation.
COMMISSIONER BALDWIN MOVED to grant preliminary approval of the replat of Lots 1 thru
40, Cliff Point Estates Subdivision, vacating and reestablishing associated easements, and
creating Lots 1 thru 11 and Tracts A, B, and C, Cliff Point Estates Subdivision, Oceanfront
Addition No. 1 (KIBC 16.40), subject to seven (7) conditions of approval and to adopt the
findings in the supplemental staff report dated November 10, 2016 and entered into the record
for this case as "Findings of Fact" for case S17-004.
Jack Maker gave a staff report stating on December 16, 2015 the commission granted
preliminary approval for the replat of Cliff Point Estates Subdivision, Case S16-005. That replat
vacated Lots 1 through 40 and corresponding easements and created thirty-four newly
configured lots and one large tract with new corresponding easements. This request is a
revision of that previously approved configuration. The provided plat vacates Lots 1 through 40
and corresponding easements, and creates eleven reconfigured lots and three large tracts with
corresponding easements. All parcels meet the Conservation zoning requirements. Staff
recommends approval.
Open public hearing:
Mark Anderson, agent, spoke in support of the request.
Kodiak Island Borough Planning & Zoning Commission Minutes
November 30, 2016 Page 4
Close public hearing:
Commission discussion
CONDITIONS OF APPROVAL
1. This preliminary approval shall supersede and void the previous preliminary approval
granted for the replat of Cliff Point Estates Subdivision on December 16, 2015 (Case No.
S16-005).
2. All road access and utility easements shall be identified as private road and utility
easements and must comply with the provisions of KIBC 16.40.080 (Private Roads). All
covenants required by KIBC 16.40.080 shall be depicted on the Final Plat.
3. Prior to Final Plat approval, the roadways and fire apparatus turnarounds providing access
to Lots 4 and 6 thru 11 shall be constructed. Construction must meet the standards of
Chapter 16.80 KIBC (Standards for road improvements) and the fire apparatus access road
requirements of the adopted fire code.
4. The Final Plat shall depict 20' wide utility easements centered on the property lines
identified on the Preliminary Plat markup for Case No. 517-004.
5. Plat note No. 4 shall be revised to read as follows on the Final Plat: "No Borough service
district will be formed to provide road maintenance and related services unless the private
road and utility easements are dedicated as public road right-of-way and the roads are
constructed to Borough local roadway standards."
6. A scale bar shall be depicted on each page of the Final Plat (KIBC 16.40.040.A).
7. The subdividers name and address shall be depicted on each page of the Final Plat (KIBC
16.40.040.D).
FINDINGS OF FACT
1. This plat meets the minimum data and design requirements of Chapter 16.40 (Preliminary
Plat) of the Borough code.
2. This plat meets the requirements of Title 17 (Zoning) of the Borough code.
3. This plat vacates and reestablishes easements that satisfy review agency requests and the
requirements of Title 16 (Subdivisions) of the Borough code.
4. This plat provides a subdivision of land that is consistent with the adopted Borough plans
and development trends for this area.
5. The adopted conditions of approval will assist in ensuring that the Final Plat meets the
standards of Titles 16 (Subdivision) and 17 (Zoning) of the Borough Code.
ROLL CALL VOTE ON MOTION CARRIED 5-0.
E. CASE 17-012. Request a Title 18 Land Disposal review to consider disposal of a ± 35
acre portion of the Remainder of Lot 1, U.S. Survey 2539 by lease at fair market value for
the purposes of resource extraction and stockpiling (KIBC18.20, 18.40, and 18.60). The
applicant is Golden Alaska Excavating. The location is approximately 1/2mile south of
Salonie Creek shooting range and the zoning is C -Conservation.
COMMISSIONER PAINTER MOVED to adopt Planning and Zoning Commission Resolution No.
FY2017-12, recommending disposal of a ± 35 acre portion of the Remainder of Lot 1, U.S.
Survey 2539 by lease at fair market value for the purposes of resource extraction and
stockpiling (Chapters 18.20, 18.40, and 18.60 KIBC) and to adopt the findings of fact listed in
the supplemental staff report dated November 16, 2016 and entered into the record for this case
as "Findings of Fact" for Case No. 17-012.
Jack Maker gave a staff report stating studies performed on behalf of the borough show that the
site contains a substantial amount of minable gravel that can be extracted. The site and
surrounding area is not developed and has served as open soace. There are no plans to
Kodiak Island Borough Planning & Zoning Commission Minutes
November 30, 2016 Page 5
develop the property for public uses. The disposal is consistant with gravel resource guidance
and various goals,policies, and implementation actions in the Comp Plan. Staff recommends the
commission make a positive recommendation to the assembly for this disposal. Since receipt of
this application, two other parties have expressed an interest in the site. Due to that, staff has
provided a supplemental staff report with a recommendation and motion and draft resolution.
The recommendation and motion are general in nature. The motion and resolution does not
specify who the site will be leased to and it allows for the assembly to provide direction on
disposing of the site by direct negotiation of lease with the applicant or through a competitive bid
process, should the disposal be approved.
Open public hearing:
Duane Dvorak, Resource Management Officer, spoke in support of the request.
Craig DeHart spoke in support of gravel extraction, opposed to it going sole sourced, and
opposed to borough employee being the agent.
Rick Ryser spoke in support of the request.
Close public hearing:
Commission discussion.
CHAIR ARNDT called a five minutes recess at 8:15 p.m.
CHAIR ARNDT reconvened the meeting at 8:20 p.m.
COMMISSIONER SCHMITT MOVED to amend Kodiak Island Borough Planning and Zoning
Commission Resolution FY2017-12 by striking the words "subject to the stipulations listed in
Section 3" from Section 2 and by striking all of Section 3.
FINDINGS OF FACT
1. The proposed site is surplus to the public's need and, as such, is suitable for disposal by the
Borough.
2. Engineering studies indicate that the disposal site contains substantial quantities of gravel,
which is an essential resource for the Borough.
3. This disposal will further ensure an adequate on -island supply of gravel is available for
future development within the Borough.
4. This disposal is consistent with gravel resource guidance and various goals, policies and
implementation actions listed in the adopted Comprehensive Plan.
5. The site is well suited for disposal by lease at fair market value for the purposes of resource
extraction and stockpiling.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0.
ROLL CALL VOTE ON MOTION AS AMENDED
COMMISSIONERS BALDWIN, ALTENHOF, PAINTER,
COMMISSIONER ARNDT.
OLD BUSINESS
None
NEW BUSINESS
None
COMMUNICATIONS
CARRIED 4-1. The ayes were
and SCHMITT. The noe was
Kodiak Island Borough Planning & Zoning Commission Minutes
November 30, 2016 Page 6
A. October Planning and Zoning Commission Case Results Letters
B. Code Enforcement Letters
C. Minutes of Other Meetings
COMMISSIONER BALDWIN MOVED to acknowledge receipt of communications.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A. Meeting Schedule:
• December 7, 2016 Work Session -6:30 p.m. -Borough Conference Room
• CANCELED -December 14, 2016 Regular Meeting -6:30 p.m. -Assembly Chambers
B. Abbreviated & Final Approvals — Subdivisions
• Abbreviated & Final Plat Approvals Memo and S15-017 Trasmittal Memo and Plat 2016-
10
COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZENS' COMMENTS
Limited to three minutes per speaker. For agenda Items not scheduled for public hearing and
general comments. Local phone number is 486-3231; Toll Free is 1-855-492-9202.
None
STAFF COMMENTS
Director Mason stated the chicken ordinance will be before the commission in January as a
work session item, discussion will take place next week at the assembly work session about the
recommendations being made by the Marijuana Task Force to the assembly regarding
regulating marijuana businesses and there is a chance the Clerk's Office will be requesting a
special meeting for review of draft code for marijuana businesses. Director Mason stated she
will be out of the office from December 201h through January 51h due to being out of the country
and she asked the commission to send stuff to Sheila Smith who can direct it to the appropriate
staff member. She requested that in the future that case related questions also be given to
Smith to ensure your questions are answered but also share the information with the
commission. ADIJ's got moved to the January 19th meeting based on staff availability and
assembly workload. Director Mason introduced Daniel McKenna -Foster, the new planner, who
has enthusiasm and has experience under his belt.
Daniel McKenna -Foster stated he's glad to be here.
COMMISSIONER COMMENTS
Alan Schmitt wished everyone a Merry Christmas, and he welcomed McKenna -Foster.
Jay Baldwin also wished everyone a Merry Christmas and welcomed McKenna -Foster.
Barry Altenhof welcomed McKenna -Foster and said this is a big switch from Washing D.C.
Maria Painter welcomed McKenna -Foster and wished everyone a Merry Christmas.
Kodiak Island Borough Planning & Zoning Commission Minutes
November 30, 2016 Page 7
Scott Arndt thanked everyone.
ADJOURNMENT
COMMISSIONER BALDWIN MOVED to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR ARNDT adjourned the meeting at 8:28 p.m.0.
ATTEST
L'-1
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By. .
c� Scott Arndt, Chair
ihZo On
Sheila Smith, Secretary
Community Development Department
APPROVED: January 18, 2017
Kodiak Island Borough Planning & Zoning Commission Minutes
November 30, 2016 Page 8
SOLID WASTE ADVISORY BOARD
REGULAR MEETING MINUTES
OCTOBER 3, 2016@ 7:00 PM
Kodiak Fisheries Research Center
Call to Order
JAN 18 2017 t
Chair Szabo called to order the Regular Meeting of the Solid Waste Advisory Board at 7:05 p.m.
on October 3, 2016 at the Kodiak Fisheries Research Center.
GT7IM-11
J. Clay conducted a roll call and a quorum was established. The following members were
present; Chair Nick Szabo, Jeff Stewart, Steven Neff and Jennifer Culbertson. Nathan Svoboda
and Scott Arndt were absent.
Also in attendance were Bob Tucker and Jenny Clay of the Kodiak Island Borough, Ex -Officio
member present was Robert Gray of USCG and Mike Shrewsbury of Alaska Waste.
Approval of Agenda
STEWART moved to approve the agenda.
VOICE VOTE ON MOTION CARRRIED UNANIMOUSLY.
Approval of Minutes
STEWART moved to approve the minutes of September 26, 2016.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
Visitor Comments: None.
Discussion/Action Items
a. Review Solid Waste RFP and Contract
Bob Tucker and the SWAB Board continued to review the contract making minor changes. The
contract and changes will go to the Borough Attorney for review and then to the Assembly.
Bob Tucker presented a map of the bear areas and noted that all dumpsters will be "bear
resistant' in these areas.
b. Vacation & Unoccupied Collectables
The Board discussed the implementation of a vacation rate to the Solid Waste contract and
agreed not to recommend to the Assembly.
Visitor Comments: None.
Board Member Comments:
Jeff Stewart — He went before the Assembly to say he would like to see more aggressive
recycling and it appeared that they were not interested as they gave no response.
Bob Gray — Thanked the Board for bringing up the problem with the golf course dumpster. That
will be changed tomorrow.
Jennifer Culbertson —Thanked Bob Gray for working with the community.
Nick Szabo —Thanked the staff for their dedication and hard work.
Meeting Schedule
The next regular meeting was to be determined.
Dennis Symmons joined the meeting at 7:45 PM.
Adjournment
NEFF moved to adjourn meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 7:50 p.m.
SUBMITTED BY:
a/y� M4',::�
Jen Clay, Sec tart'
KIB Engineering/Facilities Department
APPROVED BY:
Nick Szabo, Chair
Solid Waste Advisory Board
Date:// 11 l,2 -D/7
Date: 69/II
WOMENS BAY SERVICE AREA B
REGULAR MEETING MINUTES
Date: December 6, 2016
Call to order: 7:01 pm
O RD
10
1 aoa v NVP
RIGINAL
Commissioners Present: Bill Ecret, Jason Chandler, Dave Conrad, George Lee and Chris
W indnagle.
Commissioners excused: Dave Heuman, John Isadore
Kevin Arndt, Contractor.
Katy Heglin, Pete Cummiskey - residents.
Minutes approved and signed: Regular Meeting of November 1, 2016
Citizen Comments:
• Pete Cummiskey requested that the ditch line, uphill from his driveway on Middle
Bay Dr, be cleaned of debris and the culvert at his driveway be looked at. During
recent heavy rains the ditch debris clogged his culvert and overflowed and un-
dermined the gravel in the driveway.
• Katy Heglin stated that the requested ditching on Kalsin has not been completed.
Added that the work on the water source driveway has caused them to have to
ditch across their driveway as the ditch is not catching the surface water.
Contractors Comments:
• 1 work order remaining —
o Kalsin Drive —Not Performed
Chairman's Comments:
• Ditching on hold due to frozen conditions. Will look at weather window
Unfinished Business:
Fire Department
• Turnout Replacement; 2 quotes rcvd. Approx. 23k — Spec to be written and adver-
tised
• Scott Pack Replacement: 2 quotes rcvd., approx. 68k — Removed from Joint Grant
with Bayside
• Emergency Generator: 3 bids rcvd. Approx. 24k— Waiting for final specification
submittals. Purchase to follow
WOMENS BAY SERVICE AREA BOARD
REGULAR MEETING MINUTES
• Em Shelter Convenience Sink Cabinet installed. Water heater installed. Wall fin-
ish pending
• Ext Lighting by tank/gen set — Pending Schedule
• Replace and move zone valves —On hold for winter temps
Road Service
• Sgt. Ck. Flooding discussed. State of Alaska DOT has a repair planned however it
will be delayed until spring 2017.
• Fish Friendly culvert at Mid Bay/Chiniak. Engineering contractor, Interfluve has
been on site for two days and performed initial survey for planning and design.
New Business:
Fire Department
• Community Outreach — Fire Department members interested in sponsorship of
families for food donation for holidays. Working with Salvation Army.
• Community Center Rental — Businesses have rented center for sales. Question if
retail sales was the intention of the shelter. Does insurance cover liability for
commercial entities.
Road Service
• Winter snow and ice control will be the focus. If weather changes Kalsin ditch
will be first.
Board Member comments
• GL; Requested input from other board members for snow and ice control.
• BE; Thanked contractor for repairing Bells Flats Road
Next Regular Meeting January 3, 2017 7:00 PM at the WBFD
Meeting adjourned at 8:14 pm
CHAIRPERSON
WITNESS