2018-03-21 Regular MeetingF- "- -
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KODIAK ISLAND BOROUGH MAY 2 3 2018
PLANNING AND ZONING COMMISSION REGULAR MEETING
MINUTES
March 21, 2018 Regular Meeting 6:30 pm-
CALL TO ORDER
Call to order the March 21, 2018 regular meeting of the Planning & Zoning Commission
at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR ARNDT led the pledge of allegiance.
ROLL CALL
Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Chris Hatch, and
Dave Townsend.
A quorum was established.
Community Development Department staff present was Jack Maker, Sheila Smith, and
Daniel Mckenna-Foster.
APPROVAL OF AGENDA
COMMISSIONER HATCH MOVED to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER HATCH MOVED to approve the January 24, 2018 minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZENS' COMMENTS
For agenda Items not scheduled for public hearing and general comments. Comments
limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-
855-492-9202.
None
PUBLIC HEARINGS
Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll
Free is 1-855-492-9202. Sign in and state your name for the record.
A) CASE S18-009. Request a waiver, per KIBC 16.110.010, to eliminate the
topographic survey requirements of KIBC 16.40.040.F.2 and to relax the
monumentation requirements of KIBC 16.50.030.F, G, and H for a subdivision that
will create two large tracts of remote Afognak Island land within sections 1 thru 5,
8, 9,16 thru 18, and 20, Township 22 South, Range 19 West, Seward Meridian. The
applicant is the Natives of Kodiak and the agent is Austin -Quinn Davidson. The
location is Afognak Island, and the zoning is C -Conservation.
COMMISSIONER PAINTER MOVED to grant a waiver, per KIBC 16.110.010, to eliminate
the topographic survey requirement of KIBC 16.40.040.F.2 and to relax the
monumentation requirements of KIBC 16.50.030.F, G, and H for a subdivision creating
Kodiak Island Borough March 21, 2018 Regular Meeting Minutes
Planning & Zoning Commission Page 1
two large tracts of remote Afognak Island land within sections 1 thru 5, 8, 9, 16 thru 18,
and 20, Township 22 South, Range 19 West, Seward Meridian, subject to one (1)
condition of approval and to adopt the findings in the supplemental staff report dated
March 16, 2018 as "Findings of Fact" for case S18-009.
Maker reported this request seeks to eliminate the preliminary plat topographic survey
requirements and to relax the final plat monumentation requirements The waiver is
requested to accommodate a subdivision that will create two large tracts of remote
Afognak Island land. The applicant intends to negotiate a transfer of ownership of the
proposed parcels to the State of Alaska Department of Natural Resources, who will
manage the land for public recreational purposes. The state would also protect the land
by a conservation easement that would preserve the land in its natural undeveloped state.
Staff recommends approval of this request.
Open public hearing:
Austin Quinn Davidson, Great Land Trust, Agent, spoke in support of the request.
Jim Purdy, surveyor, spoke in support of the request.
Close public hearing:
Commission discussion.
COMMISSIONER TOWNSEND MOVED to divide the question by separating the granting
of a waiver to eliminate the topographical survey requirements from the granting of a
waiver to relax the monumentation requirements.
ROLL CALL VOTE ON MOTION TO DIVIDE THE QUESTION CARRIED
UNANIMOUSLY
COMMISSIONER PAINTER MOVED to grant a waiver, per KIBC 16.110.010, to eliminate
the topographic survey requirement of KIBC 16.40.040.F.2 for a subdivision creating two
large tracts of remote Afognak Island land within sections 1 thru 5, 8, 9, 16 thru 18, and
20, Township 22 South, Range 19 West, Seward Meridian, subject to one (1) condition
of approval and to adopt the findings in the supplemental staff report dated March 16,
2018 and entered into the record for this case as "Findings of Fact" for case S18-009.
COMMISSIONER TOWNSEND MOVED TO AMEND the motion by replacing "eliminate"
with "relax", by inserting "by allowing the use of 50' contours" after KIBC 16.40.040.F.2,
and by striking "subject to one (1) condition of approval".
FINDINGS OF FACT
1. The tracts of land to be created by the proposed subdivision are of unusually large
size and are oddly shaped.
2. The strict application of the identified requirements of Title 16 (Subdivision) of the
Borough Code would require a costly topographical survey and additional
monumentation that would serve no practical purpose for the proposed subdivision.
3. The granting of this waiver will allow the applicant to subdivide their property in a
reasonable manner.
4. The granting of this waiver will not negatively impact the public welfare or interests of
the Borough and surrounding property owners.
5. The granting of this waiver will not result in a violation of the applicable provisions of
state and federal law.
6. The granting of this waiver will preserve the general intent and spirit of Title 16
(Subdivision) of the Borough Code.
Kodiak Island Borough March 21, 2018 Regular Meeting Minutes
Planning & Zoning Commission Page 2
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY
COMMISSIONER HATCH MOVED to grant a waiver, per KIBC 16.110.010, to relax the
monumentation requirements of KIBC 16.50.030.17, G, and H for a subdivision creating
two large tracts of remote Afognak Island land within sections 1 thru 5, 8, 9, 16 thru 18,
and 20, Township 22 South, Range 19 West, Seward Meridian, subject to one (1)
condition of approval and to adopt the findings in the supplemental staff report dated
March 16, 2018 and entered into the record for this case as "Findings of Fact' for case
S18-009.
Discussion
CHAIR ARNDT called a recess at 7:45 p.m.
CHAIR ARNDT reconvened the meeting at 7:55 p.m.
Discussion
COMMISSIONER PAINTER MOVED TO AMEND the motion to grant a waiver, per KIBC
16.110.010 to relax the monumentation requirements of KIBC 16.50.030.F, G, and H for
subdivision creating two large tracts of Afognak Island land within Sections 1 — 5, 8, 9, 16
— 18, and 20, Township 22 South, Range 19 West, Seward Meridian subject to one
Condition of Approval and to adopt the Findings of Fact except #2 in the supplemental
staff reportdated March 16, 2018 and entered into the record for this case as Findings of
Fact for Case S18-009.
CONDITION OF APPROVAL
1. The relaxing of the monumentation requirements of KIBC 16.50.030.17, G, and H shall
be limited to that which is specifically described in the application narrative entered
into the record for Case No. S18-009.
FINDINGS OF FACT
1. The tracts of land to be created by the proposed subdivision are of unusually large
size and are oddly shaped.
3. The granting of this waiver will allow the applicant to subdivide their property in a
reasonable manner.
4. The granting of this waiver will not negatively impact the public welfare or interests of
the Borough and surrounding property owners.
5. The granting of this waiver will not result in a violation of the applicable provisions of
state and federal law.
6. The granting of this waiver will preserve the general intent and spirit of Title 16
(Subdivision) of the Borough Code.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
Discussion
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4-1. The ayes were
COMMISSIONERS ALTENHOF, PAINTER, HATCH, and TOWNSEND. The noe was
COMMISSIONER ARNDT.
B. CASE S18-010. Request a waiver, per KIBC 16.110.010, to eliminate the KIBC
16.50.030.F monumentation requirement for one parcel outer boundary angle point
to accommodate the subdivision of Tract A-1, Warner's Saltery Cove Subdivision.
Kodiak Island Borough March 21, 2018 Regular Meeting Minutes
Planning & Zoning Commission Page 3
The applicant is Luke Smith. The location is 19805 Mitchel's Road, and the zoning
is C -Conservation
COMMISSIONER HATCH declared on record that Mr. Smith is a friend of his.
COMMISSIONER ALTENHOF MOVED to grant a waiver, per KIBC 16.110.010, to
eliminate the KIBC 16.50.030.F monumentation requirement for one parcel outer
boundary angle point to accommodate the subdivision of Tract A-1, Warner's Saltery
Cove Subdivision, subject to three (3) conditions of approval and to adopt the findings in
the supplemental staff report dated March 15, 2018 as "Findings of Fact" for case S18-
010.
Maker stated this request seeks a waiver to eliminate the monumentation requirement for
one parcel outer boundary angle point to accommodate the subdivision of Tract A-1,
Warner's Saltery Cove Subdivision. This request seeks relief from surveying costs caused
by the Borough's failure to require proper monumentation of all outer boundary angle
points during two previously approved platting actions. The two proposed lots would be
configured exactly as they were by the first of the two previous platting actions. Staff
determined that the increased costs associated with setting the monument constitute a
substantial hardship and injustice to the applicant that should be remedied by the granting
of the waiver subject to one condition.
Open public hearing:
Luke Smith, applicant, spoke in support of his request.
Jim Purdy spoke in support.
Close public hearing:
Commission discussion
COMMISSIONER TOWNSEND MOVED TO AMEND the motion to add a Condition of
Approval #4 that this subdivision would require a survey.
CONDITIONS OF APPROVAL
1. Elimination of the monumentation requirement of KIBC 16.50.030.F shall only apply
to the angle point on the eastern lot line of proposed Lot 1, Smith's Saltery Cove
Subdivision identified in the conceptual subdivision maps entered into the record for
Case No. S18-010.
2. The Final Plat for the proposed subdivision shall contain the following note: "A waiver
from the Kodiak Island Borough (KIB) code requirement to monument the middle
angle point of the eastern lot line of Lot 3 was granted during KIB Planning and Zoning
Commission Case No. S18-010. Should an accurate identification of that angle point
ever be necessary, the services of a licensed surveyor will be required."
3. To ensure the two proposed lot numbers match the numbers listed on the existing
monument caps, those lots shall be respectively numbered as Lots 3 and 4 per Plat
2005-22.
4. Surveying will be required on this subdivision.
FINDINGS OF FACT
1. Past Borough staff and Planning and Zoning Commissions did not require placement
of the subject monument (as required by Borough code) during two previous platting
actions (P&Z Subdivision Case No. S03-029 / Plat No. 2005-22 and Abbreviated
Subdivision Case No. S11-004 / Plat No. 2011-1).
2. The strict application of the KIBC 16.50.030.F requirement to set the missed
monument would result in more than $4,000.00 in increased surveying costs. Those
Kodiak Island Borough March 21, 2018 Regular Meeting Minutes
Planning & Zoning Commission Page 4
additional costs constitute a substantial hardship and injustice to the applicant through
no fault of their own. Consequently, granting of this waiver will remedy the noted
hardship and injustice.
3. The granting of this waiver will allow the applicant to subdivide their property in a
reasonable manner.
4. The granting of this waiver will not negatively impact the public welfare or interests of
the Borough and surrounding property owners.
5. The granting of this waiver will not result in a violation of the applicable provisions of
state and federal law.
6. The granting of this waiver will preserve the general intent and spirit of Title 16
(Subdivision) of the Borough Code.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY
C. CASE 17-022. 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. The applicant is the Kodiak Island Borough, and the agent is Maggie
Slife, Borough Resource Management Officer. The location is 4606 Rezanof Drive,
and the zoning is PL -Public Use.
Maker stated the commission should hear the other cases first due to the applicants being
present.
D. CASE 18-014. Request a Conditional Use Permit to allow for a limited marijuana
cultivation facility in the RR1 zone. The applicant is Greg Egle. The location is 10788
Chiniak Drive, and the zoning is RR1-Rural Residential One.
COMMISSIONER TOWNSEND MOVED to grant a Conditional Use Permit to allow for a
limited marijuana cultivation facility to be located in the RR1-Rural Residential One District
on Lot 3, Block 4, Bells Flats Alaska Subdivision, subject to two (2) conditions of approval,
and adopt the findings of fact for Case No. 18-014 in the staff report dated March 15,
2018.
Mckenna-Foster stated this is to determine whether a limited marijuana cultivation facility
can be approved as a conditional use in the RR1 zone located in Bells Flats. It is primarily
residential zoning, there is a blend of residential and business uses. The RR1-Rural
Residential One District only allows facilities licensed by the State to limited marijuana
cultivation, the applicant is prohibited from expanding his cultivation beyond 500 sq. feet.
The applicant meets the requirements for a Conditional Use Permit.
Open public hearing:
Greg Egle, applicant, spoke in support of his request.
Close public hearing:
Commission discussion.
COMMISSIONER HATCH stated that he is employed by the Coast Guard and he's is an
officer on base but it does not bias him to make a decision on this case.
Brief discussion.
CONDITIONS OF APPROVAL
Kodiak Island Borough March 21, 2018 Regular Meeting Minutes
Planning & Zoning Commission Page 5
1. The applicant shall comply with all restrictions related to home occupations, as defined
in KIBC 17.25.090.
2. The applicant shall comply with all additional Kodiak Island Borough regulations
pertaining to taxation, construction, operation, and land use considerations for
marijuana businesses.
FINDINGS OF FACT
1. Limited marijuana cultivation is a conditional use in the RR1-Rural Residential One
District.
2. The conditions of approval for this Conditional Use Permit will ensure that the value,
spirit, character and integrity of the surrounding area are maintained.
3. This conditional use satisfies all requirements of the RR1-Rural Residential One
zoning district.
4. This facility will be constructed, maintained, and operated in accordance with all
applicable state and local requirements, ensuring that the facility will not be harmful to
the public health, safety, convenience and comfort.
5. The proposed use meets all Conditional Use Permit requirements and provides for
sufficient setbacks, buffers, and other safeguards.
6. This Conditional Use Permit is not for any public use or structure.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
E. CASE 18-015. Request a Site Plan Review, per KIBC 17.130.020, to review the
proposed layout of the replacement Chiniak tsunami shelter/library facility and
associated improvements on Lot 5A, Block 1, Chiniak Subdivision. The applicant
is the Kodiak Island Borough and the agent is Bob Tucker, Engineering & Facilities
Director. The location is 43318 Spruce Way, and the zoning is PL -Public Use.
COMMISSIONER TOWNSEND MOVED to approve the site plan for the replacement for
the Chiniak shelter/library facility and associated improvements on Lot 5A, Block 1,
Chiniak Subdivision according to KIBC 17.130.020 and adopt the findings of fact for Case
No. 18-015 in the staff report dated March 15, 2018.
Mckenna-Foster stated this site plan for review is for the project to replace the Chiniak
tsunami shelter/community building that burned down in 2015. The borough is seeking to
replace the building in the same location pending funding and to build a new well
pumphouse. The applicant told staff that this facility is intended to hold 20 people.
Discussion
Open public hearing:
Dave Conrad, Engineering & Facilities Dept., spoke in support of the request.
Close public hearing:
Commission discussion
FINDINGS OF FACT
1. Community buildings are a permitted use in the PL -Public Use Lands district.
2. The site plan meets all of the zoning district requirements for development in the PL -
Public Use Lands district.
3. The approval of this site plan furthers the stated Public Services & Facilities goals and
implementation actions of the 2008 Comprehensive Plan.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
Kodiak Island Borough March 21, 2018 Regular Meeting Minutes
Planning & Zoning Commission Page 6
C. CASE 17-022. 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. The applicant is the Kodiak Island Borough, and the agent is Maggie
Slife, Borough Resource Management Officer. The location is 4606 Rezanof Drive,
and the zoning is PL -Public Use.
Motion on the floor made at the April 19, 2017 regular meeting.
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 seconded the motion.
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.
3. This request is supported by Public Facilities & Services goals and policies identified
in the 2008 Comprehensive Plan.
At the November 29, 2017 RM -Case 17-022 was postponed to February 2018.
COMMISSIONER YOUNG MOVED to postpone Case No. 17-022 to the February 2018
regular meeting.
Mckenna-Foster stated this is a disposal by lease, not a disposal. Mckenna-Foster said
that Paul Van Dyke, Fire Protection #1 Board, was going to provide information because
he had issues with it but he has not given any information in over a year now, and we
keep postponing this case.
Open public hearing:
None
Close public hearing:
COMMISSIONER PAINTER MOVED to amend the motion to strike March 30, 2017 after
staff report dated and insert March 13, 2018.
FINDINGS OF FACT (In support of the amendment)
1. The Borough has owned this parcel for several decades and leased it for fire
department use.
2. The parcel has been appended several times in the past, sometimes with lands
purchased by the fire department and sometimes with lands purchased by the
Borough.
3. Disposal by lease of this parcel satisfies a public need and enhances the health,
safety, and welfare of Borough residents.
4. This request is supported by Public Facilities & Services goals and policies identified
in the 2008 Compressive Plan.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY
Kodiak Island Borough March 21, 2018 Regular Meeting Minutes
Planning & Zoning Commission Page 7
OLD BUSINESS
None
NEW BUSINESS
None
COMMUNICATIONS
A. Planning and Zoning Commission Case Results Letters
B. Code Enforcement
COMMISSIONER HATCH MOVED to acknowledge receipt of communications.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A. Meeting Schedule:
• April 11, 2018 Work Session -6:30 p.m. -Borough Conference Room
• April 18, 2018 Regular Meeting -6:30 p.m.
B. Minutes of Other Meetings
• October 24, 2017 & November 28, 2017 Parks and Recreation Committee Regular
Meeting Minutes
COMMISSIONER HATCH 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
Jack Maker said the commission managed to get through the divided question pretty darn
good.
Daniel Mckenna-Foster stated the Killarney Hills Project, the Parks and Recreation
Comprehensive Plan Update, and the Brownfield Project that we have. Killarney Hills is
in the process of receiving feedback from various agencies and organizations, and we're
looking at doing a workshop in April for the general public. Parks and Rec is working on
the Comprehensive Plan Update looking at the inventory of parks and recreational
facilities. We are accepting site nominations for the Brownfield Project.
COMMISSIONER COMMENTS
Chris Hatch gave a shout out to KHL hockey team, they went to play their State
tournament and came back with State championship. It's a pleasure serving with all the
commissioners, and working with staff
Scott Arndt stated last night the City of Kodiak chose to interview one applicant, Jim
Scholz for the P&Z city seat. He's Director of Operations for, International Seafoods. He
sat on the Juneau Planning and Zoning Commission for four years in the 90's. Previous
to International Seafoods he worked at Samson Tug & Barge. It is on the City Council's
Kodiak Island Borough March 21, 2018 Regular Meeting Minutes
Planning & Zoning Commission Page 8
March 22nd agenda to pass forward a name to the borough Assembly. If anyone wants to
throw their name in, the borough P&Z seat is still open.
ADJOURNMENT
COMMISSIONER HATCH MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR ARNDT adjourned the meeting at 9:33 p.m.
KODIAK ISLAND BOROUGH
PLANNINGAND ZONING COMMISSION
By: `7 c''ye
Scott Arndt, Chair
ATTEST
By: 21
heila Smith, Secretary
Community Development Department
APPROVED: May 16, 2018
Kodiak Island Borough March 21, 2018 Regular Meeting Minutes
Planning & Zoning Commission Page 9