2008-10-15 Regular MeetingKodiak Island Borough
Planning & Zoning Commission
Minutes
October i5, 2008 Assembly Chambers
CALL TO ORDER
CHAIR KING called to order the October 15, 2008 meeting of the Planning and Zoning
Commission at 7:30 p.m.
ROLL CALL
Commissioner Present Absent Excused Others Present
Mr. Kin X Bud Cassid
Mr. Watkins X Communi Develo ment
Ms. Janz X Sheila Smith
Mr. Kersch X Communi Develo ment
Mr. Juen er X
Mr. Purd X
Ms. Harrin on X
A quorum was established.
APPROVAL OF AGENDA
COMMISSIONER HARRINGTON suggested moving the CIP case to the end of the agenda.
COMMISSIONER HARRINGTON MOVED to amend the agenda and move the CIP case to
the end of the agenda.
Voice vote CARRIED unanimously.
COMMISSIONER JANZ MOVED to approve the October 15, 2008 agenda.
Voice vote CARRIED unanimously.
APPROVAL OF MINUTES
COMMISSIONER WATKINS MOVED to approve the September 17, 2008 Planning & Zoning
minutes.
Voice vote CARRIED unanimously.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments and appearance requests.
PUBLIC HEARINGS
A. Case 509-008. Request Preliminary plat approval, according to KIBC 16.40, of the
subdivision of U.S. Survey 4947, Lot 1 Near Island Research Park and the vacation of Lots 3 and
4, Near Island Research Park and associated electrical easements, and creating "Marine Center
Subdivision" Tracts A & B, a 30' Utility Right of Way and Lot lA, Near Island Research Park.
COMMISSIONER PURDY stated he has a conflict of interest in this case and requested to be
excused to go to the back conference room.
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October 15, 2008 Page 1 of 10
Cassidy gave a brief staff report.
COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC
16.40, of the subdivision of U.S. Survey 4947, Lot 1 Near Island Research Park and the vacation
of Lots 3 and 4, Near Island Research Park & associated electrical easements, & creating
"Marine Center Subdivision" Tracts A & B„ a 30' Utility ROW and Lot lA, Near Island
Research Park., and to adopt the findings in that staff dated October 6, 2008 report as "Findings
of Fact" for Case S09-008.
Close regular meeting:
Open public hearing:
Linda Freed spoke in favor of this request.
Jay Stinson, President of Marine Center LLC, spoke in favor of the request.
Close public hearing:
Open regular meeting:
COMMISSIONER WATKINS MOVED TO AMEND the motion to strike Right of Way and
substitute it with easement.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper preparation of plats
required in Title 16 of the Borough Code.
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this
area.
Roll call vote on the on the amended motion and it CARRIED 6-0.
Roll call vote on the main motion as amended CARRIED 6-0.
C. Case 09-004. Request a Conditional Use Permit, according to KIBC 17.67.020.B &
17.13.040.H, to allow the construction of a communication site to serve Ouzinkie and Port Lions.
Cassidy gave a staff report.
COMMISSIONER PURDY asked if the 5 acres just to conform to the zoning or did the
applicant request 5 acres.
Cassidy stated that it is in the Conservation zone that requires 5 acre site.
COMMISSIONER JUENGER asked who the owner is.
Cassidy stated the owner is the Ouzinkie Native Corporation.
COMMISSIONER WATKINS asked if other systems can get stacked in this lot or do they need
to come back and do other lots for other systems.
Cassidy stated if other systems wanted to tie into the system they could if they choose to do so.
COMMISSIONER JUENGER asked if notices were required to be sent out.
Cassidy said five public hearing notices were sent out with comments on one returned who
approved it. What is being built is the framework and will be the infrastructure and different
companies can use this infrastructure should they choose to do so.
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October 15, 2008 Page 2 of 10
COMMISSIONER HARRINGTON MOVED to grant a conditional use permit, in accordance
with KIB Code Section 17.13.040 H. (Conditional Uses) and with KIBC 17.67, allowing
establishment of a remote microwave communication tower on Sharatin Mountain, subject to six
(6) conditions of approval contained in the staff report dated October 4, 2008, and to adopt the
findings contained in the staff report as "Findings of Fact" for this case.
Close regular meeting:
Open public hearing:
Brian Kincaid, Chief Operating Officer for Kenai Cable Company, spoke in favor of this request.
COMMISSIONER PURDY asked Kincaid if he had reviewed the conditions of approval.
CHAIR KING asked Cassidy if it would be a conflict of interest because his employer is
considering using this facility.
Cassidy stated it would be a conflict of interest if you would directly or indirectly financially
benefit from the case you are voting on.
Close public hearing:
Open regular meeting:
CONDITIONS OF APPROVAL
1. The -color of structures and equipment will be subdued to blend in with the natural
environment surrounding the facilities; and natural vegetation immediately surrounding the
facilities will be preserved to the maximum extent possible to preserve visual aesthetics.
2. The site developer will minimize the disturbance of natural vegetation and will ensure that
natural vegetation is restored to the site within two growing seasons.
3. Should the site be abandoned for any reason including the future advance of communications
technology or development of alternative communications facilities, the site will be cleared of all
improvements within one year of abandonment and returned to a natural state.
4. Should the exterior of the facility require modification to accommodate new or different
equipment, which would substantially alter the visual impact of the facility, the modifications
must be reviewed and approved by the Commission, as an amendment to this case, subject to
payment of a new fee for public hearing review of a Conditional Use Permit.
5. The landowner and/or developer, within 6 months of the date of Commission approval, shall
develop and submit to the Community Development Department a revised and updated site plan
with GPS coordinates of the site boundary and the actual location of the proposed facilities.
6. In reviewing this request, the Commission has substantially relied upon the project
description and site plan and application for conditional use submitted by the Kodiak-Kenai
Cable Company. The conditional use, therefore, is specifically limited to the facilities and
operational parameters set forth therein.
FINDINGS OF FACT
17 67 OS A That the conditional use will preserve the value, spirit, character and integrity of the
surrounding area.
Similar communication and utility facilities on Pillar Mountain and other high locations have
existed for many years serving the communities without conflicts. Conditions of approval to
address aesthetic and visual concerns will preserve the value, spirit, character and integrity of the
surrounding area. Natural vegetation is required to be maintained around the facility. Colors of
structures and equipment will be subdued to blend in with the surrounding natural environment.
If the facility is abandoned, the site will be cleared of equipment and structures and returned to a
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October 15, 2008 Page 3 of 10
natural state. Any change of technology that would require new or different equipment that
would change the essential visual character of the site or safety characteristics of the operation of
the facility must be reviewed and approved by the- Commission at public hearing prior to
installation. Future conditional use reviews in this area will be based upon the cumulative
impact of all established conditional uses in the area.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to
the conditional use in question.
The conditional use will fulfill all the requirements of the C-Conservation zoning district. The
site is above groundwater recharge areas and natural vegetation is required to be preserved to the
maximum extent possible. In addition, all required setbacks will be maintained within the
Ouzinkie Native Corporation .exterior ownership boundary, which is far in excess of the
minimum five (5) acre lot area requirement.
17.67.05 C. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort.
This facility will be constructed and maintained in accordance with all applicable federal, state
and local requirements. All construction will meet standards of the Uniform Building and Fire
Codes, and communication equipment will be installed and operated in conformance .with
applicable FCC regulations.
17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being_provided to
meet the conditions listed in subsections A through C of this section.
The site is well separated by distance, topography and vegetation from residential areas. The
contiguous land ownership of the Ouzinkie Native Corporation far exceeds the minimum of area
of five acres required by the C-Conservation zoning district. Natural vegetation will be
maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of
the surrounding area.
Roll call vote on the motion CARRIED 7-0.
D. Case 509-005. Request Preliminary approval, according to KIBC 16.40, of the subdivision of
Lot 3, Kalsin Bay Estates creating Lots 3A through 3E, Kalsin Bay Estates. The applicant is
Wayne Sargent and the agent is Grant Shields. The location is Kalsin Bay Estates, Lot 3, U.S.
Survey 2878 and the zoning is C-Conservation.
Cassidy gave a staff report.
COMMISSIONER WATKINS MOVED to grant preliminary approval of the subdivision of Lot
3, Kalsin Bay Estates, creating Lots 3A, 3B, 3C, 3D and 3E, Kalsin Bay Estates, subject to the
conditions of approval contained in the staff report dated October 7, 2008 and to adopt the
fmdings of fact in that same report as fmdings of fact for this case.
Close regular meeting:
Open public hearing:
Grant Shields, agent, spoke in favor of this request
Wayne Sargent thanked the commission.
Close public hearing:
Open regular meeting:
Commission discussion.
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COMMISSIONER PURDY stated the ADF&G requirement is a pretty sticky slope to not have a
boundary defined.
Cassidy stated the requirement is to have a 50 foot riparian buffer maintained and it gives Fish &
Game the leeway to identify it so the applicant will be working with Fish & Game to find out
where those boundaries are at. The scale of the map that Fish & Game provided doesn't identify
exactly where it is on the ground.
Sargent submitted a picture of when it was high tide in the summer to the commission.
COMMISSIONER PURDY stated he would be uncomfortable with it if he was the applicant.
CONDITIONS OF APPROVAL
#1 Construction of Improvements
Place a note on the plat that states "Lots in this subdivision are subject to flooding and design of
residential dwellings should be built to the known hazards."
#2 Accesses
a. Add to the plat, and at the request of DOT, the location of all right of ways, including their
dimensions that provide access to this subdivision.
b. Obtain a driveway permit from ADOT/PF for properties that access from existing DOT
rights. of way.
c. Add a plat note that states "Legal access to the proposed lots will be from access easements
created by this subdivision."
#3 Wetland Determinations
Prior to developing roads, driveways or substantially disturbing the soils for building sites,
obtain a wetlands jurisdictional determination from the U.S. Army Corps of Engineers. Wetland
boundaries shall be identified on the final plat.
#4 Engineered Septic Systems
Place a note on the plat stating "Engineer designed wastewater septic systems are required
for each lot."
#5 Fire Marshal Requirements
Obtain written approval from the state fire marshal (for Kodiak, the City of Kodiak Fire
Chief by agreement serves as the state fire marshal) that the private roads serving these lots are
design and construction to support fire fighting apparatus.
#6 Private Road Agreement
All parcels being served by the subdivision's private roads must enter into an easement for
Private Road Right of Way (which is a Written Agreement and Covenant) as well meet other
requirements of KIBC 16.40.080.
#7 KEA Requirement
Provide a 50-foot wide utility (and access) easement on the plat along the rear lot line of Lots
3D and 3C as requested by KEA in the letter dated Apri13, 2006.
#8 ACS Requirement and KIB Requirement
Provide a 50-foot wide road and utility easement on the plat along the common lot line
between Lots 3A and 3B as requested by ACS in the response dated Apri15, 2006.
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October 15, 2008 Page 5 of 10
#9 ADF&G Requirement
Place anote on the plat that states "a fifty (50) foot riparian buffer zone is to be maintained
adjacent to the sloughs for the protection of water quality and fish habitat."
FINDINGS OF FACT
1. Subject to conditions of approval, this plat can meet the minimum standards of survey
accuracy and proper preparation of plats required in Title 16 of the Borough Code.
2. Subject to the approval of Variance Case OS-009 and subdivision conditions of
approval, this plat can meet all the requirements of Title 17 of the Borough Code.
Roll call on the vote CARRIED 7-0.
E. Case 09-002. Request a rezone, according to KIBC 16.40, of certain areas within proposed
Tract F within U.S. Survey 2261 and U.S. Survey 4947 from C-Conservation ~ LI-Light
Industrial. The applicant is the City of Kodiak and the agent is Linda Freed. The location is
proposed Tract F within U.S. Survey 2261 & U.S. Survey 4947, Near Island and the zoning is C-
Conservation & LI-Light Industrial
Cassidy gave a staff report.
COMMISSIONER WATKINS asked about the tideland zoning.
Cassidy stated we will be discussing this more when we get into the review of Title 17 this
winter.
COMMISSIONER JUENGER MOVED to recommend that the Kodiak Island Borough
Assembly approve the rezoning of proposed Tract F within USS 2261 and USS 4947 from
Conservation to Light Industrial Zoning District, and to adopt the "Findings of Fact" in the staff
report dated August 25, 2008, in support of this recommendation.
Close regular meeting:
Open public hearing:
Close public hearing:
Open regular meeting:
Commission discussion.
FINDINGS OF FACT
.Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
Ll 17 72 020 A Findings as to the Need and Justification for a Change or Amendment.
A rezone from C-Conservation to LI-Light Industrial is needed and justified because the LI-
Light Industrial zoning district permits development that:
A. is consistent with current and proposed development trends in the area;
B. is suitable for this site, given the physical characteristics and location of the tract;
C. will not create any nonconforming land uses;
D. is consistent with the Near Island Comprehensive Plan
f21 17 72 020 B Findings as to the Effect a Chan~Se or Amendment would have on the
Objectives of the Comprehensive Plan.
A rezone of the area identified as and granted a CUP for a floatplane facility in Trident Basin is
consistent with the intent and objectives of the Near Island Comprehensive Plan. In the
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October 15, 2008 Page 6 of 10
section described as "Description of Development Categories and Allowable Land Use," the
Near Island Comprehensive Development Plan (1987) identifies a possible float plane
facility to "...include docking and tie-down areas, ashore-based haul out area for
maintenance, and parking areas" (p. 14). The maps accompanying that plan specifically
designate Trident Basin as the site for a proposed floatplane facility and aerodrome. This
intent dovetails with long-standing Port of Kodiak harbor plans to eliminate the extremely
dangerous situation of boats and float plane traffic sharing the crowded St. Paul's Harbor
Channel.
Roll call vote on the motion CARRIED 7-0.
B. Case 09-005. Request a review and recommendation of the 2009 - 2013 Capital
Improvement Projects. The applicant is the Planning & Zoning Commission and the location is
Borough wide.
Cassidy gave a staff report.
COMMISSIONER PURDY asked how this is advertised because everyone he has talked to
wasn't familiar with it. Can we publish the entire list?
Cassidy stated we advertise in the paper, we put a public service announcement on the radio, and
we have received some nominations. Maybe we could publish the list as a way to get the word
out.
COMMISSIONER HARRINGTON stated that RuralCap might have a model they use to try to
get more comprehensive involvement from community members.
COMMISSIONER JANZ feels the public process is important as well and some of the lower end
projects are lower because they don't have the people that are constantly in that arena.. Having
been .through the process several times I wonder if postponing this for a month is going to
change the outcome of this.
CHAIR KING asked Cassidy if we have the funding to have the list printed as a supplement in
the Kodiak Daily Mirror.
Cassidy stated he doesn't know what it would cost. A value would be for the commission to meet
with the Borough Assembly and meet with the City Council to talk through this process because
this is their lists that these projects go on and there would be value in having this conversation so
they too know that the reason for the CIP Lists is for projects starting from the grass roots level
and working its way further up.
COMMISSIONER KERSCH stated we should start on it earlier next year.
COMMISSIONER WATKINS stated we should start earlier and publish it next year.
COMMISSIONER JANZ MOVED to adopt Planning and Zoning Commission Resolution
2008-01 recommending to the Borough Assembly a list of Priority Projects for inclusion into the
Kodiak Island Borough's five (5) year 2009-2013 Capital Improvement Program (CIP).
Close regular meeting:
Open public hearing:.
Linda Freed stated the resolution references an appendix A and brought to their attention that it
was pulled from a prior resolution and not updated and still includes some projects that have
been completed and shared projects that should be included. She talked about the UV Water
Treatment Facility is their top priority and grant funding.
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October IS, 2008 Page 7 of 10
Cassidy stated that when he sent Sheila the resolution the attachment from a previous CIP List
went along with it but Attachment A is actually the list in the binder that includes all the project
that Freed mentioned because they were taken off the Cities CIP List.
CHAIR KING reminded the commission that the resolution that's on the floor is for Resolution
2008-01 not 2009-01, and he recommended either amend the motion or fail the motion on the
floor.
Open regular meeting:
Close public hearing:
Commission discussion.
COMMISSIONER WATKINS MOVED to amend the motion to change 2008-01 to 2009-01.
Roll call vote on the amended motion CARRIED 7-0.
Commission discussion. COMMISSIONER HARRINGTON feels several items should be
changed.
Cassidy stated the concept is that staff would provide something to the commission and as a
group decision making process the commission would make the changes you think are
appropriate.
It was the consensus to work on this at a work session.
COMMISSIONER KERSCH MOVED to postpone Case 09-005 until the November 19, 2008
regular meeting.
Roll call vote on motion CARRIED 7-0.
COMMISSIONER JUENGER MOVED to take a 10 minute recess and it CARRIED by
unanimous voice vote.
CHAIR KING called a 10 minute recess at 9:15 p.m.
CHAIR KING reconvened the meeting at 9:25 p.m.
OLD BUSINESS
A. Case 03-018. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation),
of Larsen Bay, Tract A, Block 16, Lot 10 from R1-Single Family Residential to B-Business. The
applicant is James Hamilton. The location is the East end of Larsen Bay Townsite Subdivision
and it is zoned Rl-Single Family Residential.
COMMISSIONER WATKINS stated he has a conflict of interest and excused himself to the
back conference room.
Cassidy gave a brief staff report and reminded the commission that this case has akeady went
through the public hearing and that is why it's an old business item.
CHAIR KING read the motion on the floor from the September 20, 2008 Planning & Zoning
Special Meeting in Larsen Bay as follows:
COMMISSIONER JANZ MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Larsen Bay Subdivision, Tract A; Block 16, Lots 10; from Rl-Single
Family Residential to B-Business.
The question was called and it FAILED 6-0.
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October 15, 2008 Page 8 of 10
COMMISSIONER HARRINGTON MOVED to adopt the "Findings of Fact" in the staff report
dated September 10, 2008 in support of this recommendation.
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following criteria into their
report to the Assembly:
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
The purpose of the rezone request is intended to create commercial zoning districts to
accommodate existing lodge uses and structures located near the western of the Larsen Bay
Subdivision, near the small boat harbor. The petitioners have indicated that the rezone is needed
as the only feasible way for them to move into zoning compliance status. Staff analysis indicates
that the nature and scale of the current use appears to be more residential than commercial at this
point in time and that a rezone to B-Business will create additional commercial development
potential that may require additional resources from the city's limited infrastructure system.
Staff analysis indicates that the scale of use on this property may be able to be made conforming
in the Rl zoning district by converting to a Bed & Breakfast use. This request has been held in
abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan
and it is now time to make these long awaited decisions in order to restore and maintain the
balance between residential and commercial uses in the Larsen Bay community.
Because the community leadership capacity has diminished in recent years due to the turnover of
leadership and administrative staff, the recommendations in this case are limited to those lots
where existing lodge use and structures are established in order to maintain the status quo level
of both commercial benefits to the community and related community impacts associated with
lodge uses. The current RUBA Assessment Report and associated utility rate study, in
conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a
need for change to occur in the community leadership and administration in order to re-establish
continuity of government operations and restore community sustainability before more
commercial development potential is considered for the Larsen Bay Community.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives
of the Comprehensive Plan.
The recommendation to deny this request is one based upon conditions in the community that are
expected to change in community and while the recommendation at present is for denial, it must
be stated that the future land use designation for this area is to become Commercial at some point
in the future when the community is better able to support on a sustainable basis further
commercial development. A recommendation for denial of the requested rezone at this time
does not have an effect positively or negatively on the comprehensive plan goals and objectives,
except to say that now is not the time for such a change to occur.
Roll call vote on motion CARRIED 6-0.
NEW BUSINESS
There is no new business
COMMUNICATIONS
There is no communications
REPORTS
Meeting Schedule:
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October 15, 2008 Page 9 of 10
• November 12, 2008 work session at 7:30pm in the KIB Conference Room.
• November 19,-2008 regular meeting at 7:30pm in the Assembly Chambers.
COMMISSIONER WATKINS MOVED to accept reports as presented.
Motion CARRIED by unanimous voice vote.
AUDIENCE COMMENTS
There were no audience comments.
COMMISSIONER'S COMMENTS
COMMISSIONER JANZ said she appreciated the commission going to Larsen Bay and
encouraged everyone to vote.
COMMISSIONER JUENGER said this is his last meeting due to his resignation and he's learned
a lot, and Juenger thanked Mayor Selby.
COMMISSIONER KERSCH told Juenger it's been a pleasure and thanked him.
COMMISSIONER WATKINS thanked Juenger for putting in his time and Juenger will be
missed.
COMMISSIONER PURDY said he also appreciated Juenger's time as well and he'll be missed.
CHAIR KING also said he will miss Juenger and thanked him. King also said Erin and Jim's
terms are up the end of this year and if they wish to continue being on the commission get their
applications in. King said he will be out of town October 17th and returning on October 27th and
will also be leaving on November 8th and returning on November 17th.
Smith also told Juenger he'll be missed.
ADJOURNMENT
The meeting was adjourned at 9:37 p.m.
KODIAK ISLAND BOROUGH
ING AND~N1p1 OMMISSION
By:
Dave King, Chair
ATTEST
By: ~h pan ~
Sheila Smith, Secretary
DATE APPROVED: November 19, .2008
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October 15, 2008 Page 10 of 10