2017-11-29 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION REGULAR MEETING
MINUTES
November 29, 2017 Regular Meeting 6:30 pm -Borough Assembly Chambers
CALL TO ORDER
CHAIR ARNDT called to order the November 29, 2017 regular meeting of the Planning &
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR ARNDT led the pledge of allegiance.
ROLL CALL
The Chair shall cause the record to reflect the absence of the member, the REASON for
the absence, and whether the absence is excused by the Commission.
Requested excusal was Maria Painter, Greg Spalinger, and Alan Schmitt due to being
out of town.
COMMISSIONER YOUNG MOVED to excuse Maria Painter, Greg Spalinger, and Alan
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Schmitt.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
s
APPROVAL OF AGENDA DEC 20 2011
COMMISSIONER ALTENHOF MOVED to approve the agenda
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY I
APPROVAL OF MINUTES
COMMISSIONER ALTENHOF MOVED to approve the October 25, 2017 minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZENS' COMMENTS
For agenda Items not scheduled for public hearing and general comments. Comments
are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is
1-855-492-9202.
None
PUBLIC HEARINGS
Comments are limited to three minutes per speaker. Local phone number is 486-3231;
Toll Free is 1-855-492-9202. Speakers sign in and state their name for the record.
A) CASE S18-005. Request preliminary approval of the subdivision of Tract A, Cliff
Point Estates Subdivision, Oceanfront Addition No. 1, creating lots 12 through 34,
Cliff Point Estates Subdivision, Oceanfront Addition No. 2 (Chapter 16.40 KIBC).
The applicant is Oceanfront Kodiak, LLC and the agent is Mark Anderson. The
location is Cliff Point, Milepost 14 Chiniak Highway.
COMMISSIONER YOUNG MOVED to grant preliminary approval, per KIBC 16.40, of the
subdivision of Tract A, Cliff Point Estates Subdivision, Oceanfront Addition No. 1, creating
lots 12 through 23, Cliff Point Estates Subdivision, Oceanfront Addition No. 2, subject to
three (3) conditions of approval and to adopt the findings in the supplemental staff report
dated November 9, 2017 as "Findings of Fact" for case S18-005.
Kodiak Island Borough November 29, 2017
Planning & Zoning Commission Minutes Page 1
Jack Maker stated this request seeks to implement the second phase of the Cliff Point
Estates Subdivision by subdividing 151.47 acre Tract A, Cliff Point Estates Subdivision,
Oceanfront Addition No. 1 into 23 lots. Proposed lot sizes range from 5 to 13.29 acres.
All lots meet C -Conservation zoning lot area and width requirements and the design
requirements of KIBC 16.40.050.A and B and all associated private roadways and fire
apparatus turnarounds have been inspected and approved by the Engineering Facilities
Director and the Fire Marshall. Staff recommends the commission grant preliminary
approval.
Open public hearing:
Mark Anderson, applicant, spoke in support of the request.
Close public hearing:
CONDITIONS OF APPROVAL
1. The Cliff Point Road private road and utility easement must comply with the provisions
of KIBC 16.40.080 (Private Roads). All covenants required by that code shall be
depicted on the Final Plat,
2. The Final Plat shall list a note that prohibits the future subdivision of the type one flag
lot with 30' wide staff identified as Lot 13.
3. The legal description block reference to "Plat 2017-##" shall be revised to "Plat 2017-
10" on Final Plat.
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 provides a subdivision of land that is consistent with the adopted Borough
plans and development trends for this area.
4. 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 4-0.
B. CASE 17-022 (Postponed at the July 19, 2017 Regular Meeting). Request a Title
18 Land Disposal Review to consider disposal of Lot 3A, Block 5, Miller Point
Subdivision (Chapter 18.20 KIBC). The intent of this request is to harmonize
Bayside Fire Department leases with property ownership. This is a disposal by
long-term lease from the Borough to the Bayside Fire Department.
Postponed at the July 19, 2017 RM to November.
Motion on the floor from the April 19, 2017 RM:
COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission
Resolution No. FY 2017-16 recommending disposal by lease of Lot 3A, Block 5, Miller
Point Subdivision (Chapter 18.20 KIBC) and to adopt the findings of fact listed in the staff
report dated March 30, 2017, entered into the record for this case as "Findings of Fact"
for Case No. 17-022.
COMMISSIONER SPALINGER motion was seconded.
FINDINGS OF FACT (In support of motion on the floor)
1. The Borough has owned this parcel for several decades and leased it for fire
department use.
2. Disposal by lease of this parcel satisfies a public need and enhances the health,
safety, and welfare of Borough residents.
Kodiak Island Borough November 29, 2017
Planning & Zoning Commission Minutes Page 2
3. This request is supported by Public Facilities & Services goals and policies identified
in the 2008 Comprehensive Plan.
COMMISSIONER YOUNG MOVED to postpone Case No. 17-022 to the February 2018
regular meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 4-0.
C. CASE 18-008 (Postponed to November from October 25, 2017 Regular Meeting).
Request an Ordinance of the Kodiak Island Borough amending KIBC 17.195
(Variances), 17.200 (Conditional Use Permits), and KIBC 17.205 (Amendments and
Changes) making certain administrative land use processes consistent.
Motion on the floor from October 25, 2017 RM:
COMMISSIONER PAINTER MOVED to recommend that the Assembly of the Kodiak
Island Borough approve the ordinance amending KIBC 17.15 (General Provisions and
Use Regulations), KIBC 17.195 (Variances), KIBC 17.200 (Conditional Use Permits), and
KIBC 17.205 (Amendments and Changes), and adopt the findings of fact in the staff report
dated October 19, 2017 for Case No. 18-008.
COMMISSIONER SCHMITT seconded the motion.
DIRECTOR MASON stated the draft ordinance is the same as the previous meeting, no
changes were made.
Open public hearing:
None
Close public hearing:
FINDINGS OF FACT (In support of the motion on the floor)
1. Title 17 of the Kodiak Island Borough Code has not been comprehensively updated
since the early 1980s and presents many inconsistencies in the administrative
processes for land use actions.
2. Inconsistencies in KIBC 17.195 (Variances), KIBC 17.200 (Conditional Use Permits),
and KIBC 17.205 (Amendments and Changes) have presented challenges for staff
and have made it difficult for the public to engage in land use action.
3. Creating uniformity in KIBC 17.195 (Variances), KIBC 17.200 (Conditional Use
Permits), and KIBC 17.205 (Amendments and Changes) will ease administrative
burdens for staff and will enable the public to more easily engage in land use actions.
4. This ordinance makes minor changes to KIBC 17.195 (Variances), KIBC 17.200
(Conditional Use Permits), and KIBC 17.205 (Amendments and Changes) to create
uniformity in administering land use actions and to reflect long-standing practices that
have not been codified to date.
5. This ordinance modifies public hearing notification requirements to promote increased
public awareness and participation and to provide clear noticing guidance to staff.
6. This ordinance is consistent with land use goals and implementation actions identified
in the 2008 Comprehensive Plan.
7. The Planning and Zoning Commission recommends that the Borough Assembly
approve this ordinance.
ROLL CALL VOTE ON MOTION CARRIED 4-0.
D. CASE 18-009. Request an Ordinance of the Kodiak Island Borough amending
various chapters of Title 17 clarifying setback requirements in various zoning
districts.
Kodiak Island Borough November 29, 2017
Planning & Zoning Commission Minutes Page 3
Motion on the floor from the October 25, 2017 Regular Meeting:
COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak
Island Borough approve the ordinance amending Title 17 KIBC (Zoning) to clarify setback
requirements in various zoning districts (KIBC 17.205) and adopt the findings of fact in
the staff report dated October 2, 2017 for Case No. 18-009.
COMMISSIONER PAINTER seconded the motion.
DIRECTOR MASON stated there have not been any changes to the staff report.
Open public hearing:
None
Close public hearing:
FINDINGS OF FACT (In support of the motion on the floor)
1. Title 17 of the Kodiak Island Borough Code has not been comprehensively updated
since the early 1980s and presents yard setback requirements in an inconsistent
manner.
2. Creating uniformity in format and terminology allows for greater community
understanding of zoning regulations.
3. Creating uniformity in format and terminology allows for more consistent interpretation
of Borough Code.
4. This ordinance does not modify existing setback requirements.
5. This ordinance is consistent with land use goals and implementation actions identified
in the 2008 Comprehensive Plan.
6. The Planning and Zoning Commission recommends that the Borough Assembly
approve this ordinance.
ROLL CALL VOTE ON MOTION CARRIED 4-0.
OLD BUSINESS
None
NEW BUSINESS
None
COMMUNICATIONS
A. October Planning and Zoning Commission Case Results Letters
B. Code Enforcement
COMMISSIONER YOUNG MOVED to acknowledge receipt of communications.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A. Meeting Schedule:
• December 6, 2017 Work Session -6:30 p.m. -Borough Conference Room
• December 13, 2017 Regular Meeting -6:30 p.m.
B. Abbreviated & Final Approvals — Subdivisions
• 517-004
C. Minutes of Other Meetings
• Parks & Recreation Minutes -August 22, 2017 RM, September 18, 2017 Joint
KIB/City meeting, and September 26, 2017 RM.
COMMISSIONER ALTENHOF MOVED to acknowledge receipt of reports.
Kodiak Island Borough November 29, 2017
Planning & Zoning Commission Minutes Page 4
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 that her and Daniel Mckenna-Foster will be gone next week
and she'll be back in the office on December 111h. Daniel will be back sometime in
January. She has a tentative meeting with Larsen Bay for the Larsen Bay Comp Plan
Update on December 131h & 14th. The Killarney Hills Master Plan discussion today was
moved to December 141h work session. The assembly will be discussin the Emerald Isle
Estates rezone from R3 to R1 at their work session tomorrow and having the public
hearing on December 7'h.
COMMISSIONER COMMENTS
Chris Hatch gave a shoutout to Corey Gronn at City Parks and Recreation, he and his
staff have done an incredible job with the ice rink and all the programs they have put
together. It is a fun friendly environment where kids can go to have fun.
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COMMISSIONER HATCH MOVED to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR ARNDT adjourned the meeting at 6:52 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: h
Scott Arndt, Chair
ATTEST:
By:
Sheila Smith, Secretary
Community Development Department
APPROVED: December 13, 2017
Kodiak Island Borough November 29, 2017
Planning & Zoning Commission Minutes Page 5