2019-02-20 Regular MeetingKodiak Island Borough
Planning and Zoning Commission Regular Meeting
Minutes
February 20, 2019 Regular Meeting 6:30 pm -Borough Assembly Chambers
CALL TO ORDER
COMMISSIONER TOWNSEND called to order the February 20, 2019 regulaY"rt1ee ing of the
Planning & Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
The chair 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 is Chris Hatch due to being out of town.
Commissioners present were Barry Altenhof, Dave Townsend, Duane Dvorak, Alan Schmitt, and
Kent Cross. Excused was Chris Hatch.
A quorum was established.
COMMISSIONER SCHMITT MOVED to excuse Chris Hatch.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
Community Development Department staff present was Director Sara Fraser, Sheila Smith, and
Daniel Mckenna-Foster.
APPROVAL OF AGENDA
COMMISSIONER SCHMITT MOVED to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SCHMITT MOVED to approve the January 16, 2019 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.
Linda Freed stated she recently saw an article in the newspaper that talked about Alaska
Aerospace working on a master plan for the property they lease from the State of Alaska as a
State entity at Narrow Cape. She is concerned about the development activities on that property.
She came in last year to look at the files with staff and found no additional conditional use permits
since the original one that was issued. It was a broad permit, but she doesn't think it covers all
activities that are ongoing at the site since the original permit was issued. Secondarily, she saw
no zoning compliance permits or building permits for any of the structures that have been built in
recent years. She's concerned that they aren't being required to follow borough code as they are
supposed to. It isn't fair to other community developers that they don't have to follow the codes
when others do. There is an exception in State law, but she has not seen any evidence that that
exception has been provided to the borough. She has heard ADEC say they are like a private
entity but are still subject to borough rules. If they are a State entity, they are subject to borough
rules. She has not seen evidence that those rules are being enforced with regard to their operation
and she wanted to publicly say something to start the ball rolling. It's admirable that they are finally
Kodiak Island Borough Planning & Zoning Commission Minutes
February 20, 2019 Page 1
starting a planning process, but she's concerned that the impact that the borough and the
residents will have on that process maybe negligible.
Bobbi Ivanof stated she was going to ask the commission to rewrite a bit of the code when a
property is penalized for paying late, even if it's technically not even a day late. She was put on
the foreclosure list for a penalty where she reads in the code a penalty is excluded from adding
interest on it, but in the foreclosure list it says the Finance Director guarantees the information is
true and correct. However, if you look at the column items, this amount on her property is a penalty
and not the base tax, which it is listed as that, and then that base tax has interest which codes
specifically says it is excluded. She is here to ask that the commission waive this fee that she is
charged and make note to update the foreclosure list to reflect what is going on. This penalty she
was charged for not even 24 hours late coming in to pay a property tax is now looks like it's a
base fee and then she's being sent a letter that the borough has filed a petition for judgement of
foreclosure on a late fee. That is unreasonable and unacceptable. The other issue is to rewrite
the code 3.35.140 on late payments, penalties and interest to reflect a better avenue to proceed.
She doesn't think that you earmark late fees and penalties for projects. Other communities have
a grace period or extension if you are one or two weeks late. Right away less than 24 hours it's
10% and then it's put on this list as if it's a base fee which it's not. She would like the commission
to waive this penalty that's been harassing her. It can be changed to better the people in this
community.
Maggie Slife stated there are no women on the commission. She knows the commissioner's do a
lot of self -recruitment and maybe this year the commission could find 2 women to replace the
outgoing members.
Tanya Kitka wanted to give testimony on the Beaver Lake Land Disposal case and was advised
to give her testimony during the public hearing for that case.
PUBLIC HEARINGS
Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-
855-492-9202.
A) CASE 19-012 (Updated Request -Postponed at the 111612019 RM). Request a variance to
allow construction of a 26' x 40' detached garage that will encroach 10' into the required
15' side yard setbacks along the northwest and northeast side lot lines and to allow an
existing conex container to encroach 10' into the required 15' side yard setback along the
northeast side lot line of Lot 3B, Block 3, Woodland Acres Subdivision, Second Addition;
and to allow the proposed 1,040 square foot detached garage to cover 208 square feet
more than the five percent total coverage area allowed for accessory buildings in the RR -
Rural Residential Zoning District (KIBC 17.195 & 17.65.060). The applicant is Michael and
Aimee Jo Sorter. The location is 2964 Woodland Drive and the zoning is RR -Rural
Residential.
COMMISSIONER SCHMITT MOVED to approve a variance to allow construction of a 26'x 40'
detached garage that will encroach 10' into the required 15' side yard setbacks along the
northwest and northeast side lot lines and to allow an existing conex container to encroach 10'
into the required 15' side yard setback along the northeast side lot line of Lot 3B, Block 3,
Woodland Acres Subdivision, Second Addition; and to allow the proposed 1,040 square foot
detached garage to cover 208 square feet more than the five percent total coverage area allowed
for accessory buildings in the RR -Rural Residential Zoning District, and to adopt the findings of
fact listed in the supplemental staff report dated February 6, 2019.
Daniel Mckenna-Foster stated this case has come up a few times, there were a few issues with
the language. The facts of the case haven't changed in the last few months. Staff recommends
approval of this variance, it meets all the criteria for approval. All the analysis is in the staff report.
It's a steep lot, it has a lot of restrictions because of easements, a fuel truck uses it for general
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February 20, 2019 Page 2
neighborhood use for the other properties so there's some reasons to place the accessory
building where it's been proposed. Staff recommends that this request be approved.
Open public hearing:
Michael Sorter, applicant, spoke in support of the request stating he has no trees on his lot and
it's a flaglot. The reason he is doing this is because he needs to do a remodel on his house to
add 2 bedrooms for his kids. His baby is sleeping in the walk-in closet. His garage has a heated
pad and it is the most feasible option for an addition. He needs to build a garage to replace the
garage being turned into bedrooms so he has a place to park the vehicles and plow.
Maggie Slife stated she's a friend of the Sorters and she's in favor of this variance. On his back
lot line, his neighbor has a 5 -foot setback where the Sorter's have a 15 -foot setback. The neighbor
could build a duplex 5 feet off the lot line. That's important as we examine ourzoning designations.
As Kodiak changes, it's on you to examine the applicability of every single rule that was originally
put in that zoning. She also believes at this time in history and the financial state of Kodiak Island
Borough and the State of Alaska, we would do best to allow our taxpayer's the opportunity to
improve their properties that improves the tax base, and it allow people to have home businesses.
All that money stays in the community.
Close public hearing:
Commission discussion
FINDINGS OF FACT
1. There are exceptional lot size, topography, and easement limitations which apply to this
property which do not apply generally to other properties in the same land use district.
2. Strict application of the provisions of this title would result in practical difficulties or
unnecessary hardship for the property owner by disallowing use of the limited buildable area
of this lot.
3. The proposed development is consistent with the existing development and character of the
surrounding neighborhood. Consequently, the granting of this variance will not result in
material damage or prejudice to other properties in the vicinity nor be detrimental to the
public's health, safety or general welfare.
4. Granting of the variance will not be contrary to the objectives of the comprehensive plan.
5. The applicant did not cause the special conditions from which relief is being sought.
6. Accessory buildings are a permitted use in the RR -Rural Residential district and granting the
variance will not permit a prohibited use in that district.
ROLL CALL VOTE ON MOTION CARRIED 4-1. The ayes were COMMISSIONERS ALTENHOF,
TOWNSEND, SCHMITT, and CROSS. The noe was COMMISSIONER DVORAK.
B. CASE 19-016. Request a Title 18 Land Disposal review to consider disposal of a ± 1.75 -
acre portion of Lot 1, U.S. Survey 3467 and an adjoining ± 2.95 acre portion of U.S. Survey
3468 (Chapter 18.20 KIBC). The intent of this request is to accommodate the subdivision
of the subject land into residentially zoned lots that will be offered for sale to the public at
a future Borough land sale. The applicant is the Kodiak Island Borough and the agent is
Borough Resource Management Officer. The location of subject property fronts the 2000
Block of Beaver Lake Drive and the 1900 Block of Selief Lane (no address assigned). The
zoning is NU -Natural Use.
COMMISSIONER SCHMITT MOVED to approve disposal of a ± 1.75 -acre portion of Lot 1, U.S.
Survey 3467 and an adjoining ± 2.95 -acre portion of U.S. Survey 3468 (Chapter 18.20 KIBC).
The intent of this request is to accommodate the subdivision of the subject land into residentially
zoned lots that will be offered for sale to the public at a future Borough land sale.
Mckenna-Foster stated this is not a subdivision case, it's a land disposal case. The commission
should consider whether it should be disposed of and whether that would benefit the public. The
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February 20, 2019 Page 3
borough has been trying to dispose of this land for quite a few years. In each instance, there was
a significant amount of public opposition to disposing of the land.
Open public hearing:
Tanya Kitka spoke in opposition stating people have spoken out over the years because they
want to keep it Natural Use. There are other areas that can be looked at and other ideas for
opening up property that doesn't entail cutting the greenspaces that people recreate in. One of
the points made twenty years ago was that it's one of the last lakes that you can access by road
so elders, kids, and everyone can get to it. It's not private property all around it like Lilly Lake and
other lakes in town. We would like to keep it accessible so everyone in town can enjoy it.
Pat Szabo spoke in opposition stating she doesn't agree that a property is surplus to our needs.
The borough designated the area for urban recreation because of its easily accessibility to the
community as a natural area. It's the only lake in an urban area that is surrounded by public land
so there is complete access to the lake. She brought and submitted a map that shows the lake
so you can see the trail around the lake providing access so you can walk the lake or you have
access to the ridge behind it. The trailhead is the corner of Beaver Lake and Selief Lane with an
official sign that shows the access points. She walks it frequently and found it to be a popular
place. She doesn't agree that it would mitigate housing costs, and she would assume that it would
be a difficult area to develop because it has steep slopes. She thinks our community would be
best served by the borough doing a survey of housing needs currently rather than ruining a
popular recreation area.
Linda Freed spoke in opposition stating this property has been considered by the borough for
almost forty years for public use and it's been used that long as public use. The staff report didn't
go all the way back to 1985 except for a tiny section. In 1985, it was rezoned to public use because
natural use didn't occur back then. It was a way to protect it at the request of the community. In
1985, there was a subdivision plan that went all the way around the lake and up over the hills that
was never developed. It is bothersome to the community that they must come back every fifteen
years. It was somewhat confusing to the public as to what was being proposed for disposal. Freed
also expressed concern about the application that says the Lands Committee feels potential for
residential development in this area is a means to mitigate housing. If you have been to a borough
land sale, those lots don't sell for small amounts because people bid them up. Those lots will be
expensive to develop. Staff did not note the 2011 Trails Plan that was adopted by the borough
that shows it's recreational. She feels it's inappropriate to even consider this request. There are
3 planning documents adopted by the commission and the assembly that indicate this area should
be open space and recreational use.
George Griffing spoke in opposition stating the lake was left off the notice which is a big issue.
They don't have an inset on here of the lots they want to develop. He had to come to the borough
to ask questions to figure it out. The reason for not rezoning a conservation zone to a residential
zone (inaudible) as today as when the community strongly discouraged development back in
1990's, and not only did they not zone the area residential, but they added protection by upgrading
it to natural use. Those reasons for not developing in the area are it is a piece of land that belongs
to the community and enjoyed by all. It should not be privatized for the needs of a few. Complete
open access in and around the lake should be preserved for the public. This project will do nothing
for the price of housing. The system does support salmon. The area is too steep and too close to
the lake to build on without moving too much critical vegetation that filters the runoff and prevents
the lake from soaking in. Once you start cutting trees, more and more will fall, and it just keeps
expanding. There are fifteen houses above the lake, the proposed development area is one of
many links in the Pillar Mountain watershed, the water comes off the mountain and surrounding
hills, heads down Selief Lane via an open drainage ditch, and it ends at Beaver Lake and
continues to a more deeper (inaudible) lakes and terminates at Mill Bay. Beaver Lake is shallow
and fragile, and very susceptible to silty (inaudible) that occur at the lake's terminus. When the
kids and the beavers dam up the terminus, the water stops flowing in the ditch 2 miles up the
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February 20, 2019 Page 4
road. It doesn't take much to back that water up in the ditches. He doesn't believe the Lands
Committee can back up their stated goals that this land has the potential development as a means
to mitigate the high cost of housing in Kodiak. The lots, if they sell, and if the buyers develop will
only go to those who can afford a very pricey lake view house, they will not go cheap. They will
not put a dent in the supply of affordable houses. This disposal would take the problematic
property enjoyed by all out of the hands of the community.
Maggie Slife, agent, stated for clarification, the Lands Committee furnished 2 drawings about a
potential subdivision and the committee didn't really like either of those.
Thomas Derrick Campbell spoke in opposition and stated he lives against the borough land off of
Selief. He's against zoning around Beaver Lake, the traffic has grown considerably in the last ten
years and the speed limit is often not recognized. Problems will occur with the creek to the south
of Beaver Lake. With that being a salmon run, the residents of Selief can't do anything more than
what we've already done to manage that creek. Building more around that lake would not be
appropriate when we can't handle what we already have. He disagrees with the affect these
homes would have on property values. They would not be cheap and if you put a nice, new home
next to my home it's bound to reduce his property value. He enjoys having access to the borough,
he enjoys walking with his family on the backside of Beaver Lake and they enjoy the small pond
to the west of Beaver Lake. He would like to keep this piece of wild area outside his back door.
Close public hearing:
Commission discussion re: possible postponement, trails and a lot of public use, it would not be
inexpensive housing, trees coming down, additional silt in Beaver Lake causing additional
problems, no study or dataset that shows there is a housing shortage and the need for a study, it
being an anadromous water body, once trees are taken down, they will all come down, runoff,
natural use meaning recreation and not being surplus to the public's needs.
ROLL CALL VOTE ON MOTION FAILED 3-2. The noes were COMMISSIONERS ALTENHOF,
DVORAK, and SCHMITT. The ayes were COMMISSIONER TOWNSEND and CROSS.
CHAIR TOWNSEND called for a 5 minute recess.
CHAIR TOWNSEND reconvened the meeting at 7:58 p.m.
C. CASE 19-017. Request a rezone of Lots 1 thru 3,4A, 6 thru 11, Tract B, and Tract C, Cliff
Point Estates Oceanfront Addition No. 1 Subdivision and Lots 12 thru 34, Cliff Point
Estates, Oceanfront Addition No. 2 Subdivision from C -Conservation District to RR2-Rural
Residential Two District (KIBC 17.205). The applicant is Oceanfront Kodiak, LLC and the
agent is Mark Anderson. The location is all parcels along Sockeye Circle and Cliff Point
Road. The zoning is C -Conservation.
COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezone of Lots 1 thru 3, 4A, 6 thru 11, Tract B, and Tract C, Cliff Point Estates
Oceanfront Addition No. 1 Subdivision and Lots 12 thru 34, Cliff Point Estates, Oceanfront
Addition No. 2 Subdivision from C -Conservation District to RR2-Rural Residential Two District
(KIBC 17.205), and to adopt the findings of fact listed in the staff report dated January 31, 2019
as Findings of Fact for Case 19-017.
COMMISSIONER DVORAK stated he consulted with the applicants on this project and he was in
a paid status for those services but there was no promise of fertile work and he doesn't stand to
gain or lose anything from the outcome of this request. He appealed to the chair for a ruling of a
possible conflict of interest.
COMMISSIONER TOWNSEND stated he works for Brechan, but he doesn't have any ownership
in the company and deferred to the commission on a possible conflict of interest.
Commission consensus that there was no conflict of interest for COMMISSIONER DVORAK.
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February 20, 2019 Page 5
COMMISSIONER CROSS stated he's opposed to this, if it was unlikely that you could ever
oppose it because COMMISSIONER TOWNSEND is an employee and it could raise some
concerns, but he's not concerned about it. The rest of the commission seen no conflict of interest
either.
Commission consensus that there was no conflict of interest for COMMISSIONER TOWNSEND.
Mckenna-Foster stated we discussed this case in length at the work session. The rezone would
be compatible with existing land use. This request is consistent with the Comp Plan.
Open public hearing:
Mark Anderson, agent, spoke in favor of the request.
Close public hearing:
Commission discussion
FINDINGS OF FACT
1. The site is of sufficient area to be subdivided into multiple lots of two acres or more with all
lots being capable of providing suitable building sites, off street parking areas, and access
drives to serve most permitted and conditional uses allowed in RR2 zoning.
2. The site's current C -Conservation zoning limits development potential of the available building
sites by requiring a minimum lot size of five acres.
3. The rezone to RR2-Rural Residential Two District will increase the development potential and
use of available building sites by accommodating further subdivision to create lots as small as
two acres.
4. The rezone to RR2-Rural Residential Two will provide the applicant with an increased
development potential that better suites their envisioned composition and development
density for the site.
5. The rezone satisfactorily addresses certain issues and is consistent with various goals,
policies, and implementation actions identified in the adopted Comprehensive Plan.
6. The Planning and Zoning Commission recommends that the Borough Assembly approve this
rezone.
ROLL CALL VOTE ON MOTION CARRIED 5-0
OLD BUSINESS
NEW BUSINESS
COMMUNICATIONS
A. Planning and Zoning Commission Case Results Letters
B. Code Enforcement Actions
COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A. Meeting Schedule:
• March 13, 2019 Planning and Zoning Commission Work Session -6:30 p.m.- Conference
Room
• March 20, 2019 Planning and Zoning Commission Regular Meeting -6:30 p.m. -Assembly
Chambers
COMMISSIONER SCHMITT MOVED to acknowledge receipt of reports.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
Kodiak Island Borough Planning & Zoning Commission Minutes
February 20, 2019 Page 6
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.
STAFF COMMENTS
Sara Fraser stated this is Daniel Mckenna-Foster's last meeting and his last day at the borough
is Friday, March 161. For the next 2 or 3 months Frazer will be doing all the staff reports. She
apologized for the confusion on the Beaver Lake public notice, it was staffs intention to send out
a map with the notice that clarified the specific area in question.
Daniel Mckenna-Foster thanked everyone. Just to clarify, Fraser is a great boss and it has nothing
to do with our department.
COMMENTS
Kent Cross said he doesn't know how we do it, there's no substitute for being there. All these
properties that come before us, it would be nice if there was some way that we could formally or
informally go out to view them. There is no substitute for being there and seeing it for yourself.
For private property, it would be nice if we could arrange to see for ourselves.
Alan Schmitt said he went through a couple of notice requirements.
Sheila Smith, secretary, stated that it is in your bylaws that you can make site visits, but she
doesn't remember off hand what it says. She will send them to the commissioners.
Sara Fraser said the borough attorney would advise against that for a couple reasons. The most
pertinent one being ex -parte contact and quasi-judicial decisions that you are supposed to be
making so Variance and Conditional Use Permits, rezones very broadly are often described as
legislative actions but in the case of a rezone it is only affecting 1 or a very limited number of
property owners. The nature of that case bleeds overfrom legislative (inaudible) from line to quasi-
judicial. For anyone on the commission making a decision based on information they had that
others on the commission did not have, in court in effect could invalidate the decision made overall
by the board. If we wanted to formalize the process to say on the first Wednesday of the month
at 2 p.m. the commission was going to be doing site visits and the public was made aware, that
would pass muster.
Kent Cross said we need to understand what's there, what it looks like.
Barry Altenhof said the time has long since past when the conversation needs to be started on
the commission, the assembly, the borough government, the manager's office, and Community
Development Department to do a housing study of Kodiak so that when we talk in public we are
talking with some backup from data that is cursory data collected that has the ring of validity rather
than using a magnified urban myth to make decisions about public policy. It is something that
ought to be done.
Duane Dvorak said he agreed with what Altenhof said. He's in favor of seeing the borough either
get some kind of housing study either from in house or contracted out so we would have some
basis and would really understand the market instead of speculating what the trends are and what
the community needs, where the community needs it, and at what price. He thanked Mckenna-
Foster for his service.
Alan Schmitt said a housing study does make a lot of sense not only for the benefit of the
commission, but the Lands Committee could benefit from it because it would help them get a little
focus on what they are looking at. He's sorry to see Mckenna-Foster go but is there any report on
a planner to replace Mr. Maker's position.
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February 20, 2019 Page 7
Sara Fraser said there about 8 applications submitted right now. It is our hope to schedule
interviews next week with the qualified candidates for Maker's position, Mckenna-Foster's position
is currently advertised in house for 5 days and then advertised outside.
Dave Townsend said he's sorry to see Mckenna-Faster go, he appreciates the passion that he
puts in. He would also like to see a housing study done but he also understands being short
staffed, budget issues, an in-house study like this is valuable but the reality of it is going to be a
stretch to get it into the budget. We are going to be facing some very tight budgets in the future.
He's been thinking about the way the governor is talking about Federal funding and what this
community will do he thinks we have a duty to do everything we can to generate revenue. As
citizens of Kodiak, we need to figure out ways to keep the community running.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSY
CHAIR TOWNSEND adjourned the meeting at 8:42 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Dave Townsend, Chair
ATTEST
By' —��C=a 200
Sheila Smith, Secre ary
Community Development Department
APPROVED: March 20, 2019
Kodiak Island Borough Planning & Zoning Commission Minutes
February 20, 2019 Page 8
