2008-11-19 Regular MeetingPLANNING & ZONING COMMISSIO i ~,~ r_ :~
NOVEMBER 19, 2008 REGULAR MEETIN ~ ! -
MINUTES ~ ;~ ,
CALL TO ORDER
CHAIR KING called to order the November 19, 2008 meeting of the Planning and
7:30 pm.
ROLL CALL
JAN-8
Commission at
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. Purd X
Ms. Harrin ton X
Vacant
A quorum was established.
COMMISSIONER JANZ MOVED to excuse COMMISSIONERS WATKINS and HARRINGTON.
Voice vote CARRIED unanimously.
APPROVAL OF AGENDA
COMMISSIONER JANZ MOVED to approve the agenda.
Voice vote CARRIED unanimously.
APPROVAL OF MINUTES
Regular meeting of:
• September 20, 2008
• October 15, 2008
COMMISSIONER PURDY MOVED to approve the September 20~' & October 15, 2008 Planning &
Zoning minutes.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments and appearance requests.
PUBLIC HEARINGS
A. Case S09-010. Request Preliminary approval, according to KIBC 16.40, of the re-subdivision of
Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re-subdivision of Lot 3B-1, Lot 3B-2, and
Lot 2, Block 1, Kadiak Alaska ls` Addition; and Lot 2, Block 2, Kadiak Alaska ls` Addition; including a
vacation of the 60-foot wide Perenosa Drive right-of--way, according to KIBC 16.60, to create Lots 18A
and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B-lA and 2A, Block 1, Kadiak Alaska ls`
Addition; Lot 2A, Block 2, Kadiak Alaska ls` Addition; and Tracts B (Utility Corridor) and C (Park),
within Kadiak Alaska 1 S` Addition. The applicant is Michael Anderson. The location is the Perenosa
Drive Right-of--Way, and the zoning is B-Business and R3-Multi-family Residential
Cassidy gave a staff report.
COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of the re-
subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re-subdivision of Lot 3B-1,
Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska ls` Addition; and Lot 2, Block 2, Kadiak Alaska 1st
P&Z Minutes November i9, 2008 Page i of 5
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Addition; including a vacation of the 60-foot wide Perenosa Drive right-of--way, according to KIBC
16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B-lA and 2A, Block
1, Kadiak Alaska 1st Addition; Lot 2A, Block 2, Kadiak Alaska 1st Addition; and Tracts B (Utility
Corridor) and C (Park), within Kadiak Alaska 1st Addition ,subject to the conditions of approval
contained in the staff report dated November 10, 2008, and to adopt the findings in that staff report as
"Findings of Fact" for case S09-010.
Close regular meeting:
Open public hearing:
Alan Wiltse spoke in opposition to the vacation of the existing right-of--way for Perenosa Drive.
Suzanne Rapoza spoke in opposition to the vacation particularly from the pocket park to the corner of Lot
3B-2 because there isn't any reason to vacate that, and she's not opposed to the access to Kodiak
Christian School from Lot 3B-2.
Garry Kernan spoke in opposition to the vacation of Peranosa Drive except for the access to the Kodiak
Christian School on Lot 3B-2.
Cami Warner spoke in opposition to the vacation of Peranosa Drive except for the access to the Kodiak
Christian School on Lot 3B-2.
Close public hearing:
Open regular meeting:
Commission discussion.
Roll call vote FAILED 4-0.
B. Case S09-011. Request a vacation, according to KIBC 16.60, of a five (5) foot portion of a 50-foot
wide road and utility easement across the front of Lot SA, U.S. Survey 3466. The applicants are Deborah
& Dennis McCusker. The location is 2561 Beaver Lake Drive, and the zoning is RR1-Rural Residential
One.
Cassidy gave a staff report.
COMMISSIONER PURDY asked Cassidy about that portion of Beaver Lake Drive and the easement.
COMMISSIONER JANZ MOVED to postpone Case 509-011 until the January 21, 2009 regular
Planning and Zoning Commission meeting, subject to the timely submittal of a more detailed preliminary
plat preliminary plat by the December 1, 2008 agenda deadline and to provide additional vacation
justification, including a response to the KEA objection, or to allow the case back on a subsequent agenda
if the petitioner requires additional time.
Close regular meeting:
Open public hearing:
Debra McCusker, applicant, spoke in favor of the request.
Dennis McCusker, applicant, spoke in favor of the request.
Close public hearing:
Open regular meeting:
Commission discussion. During discussion the commission talked to the applicants about a possible
variance instead of a vacation.
Roll call vote FAILED 4-0.
COMMISSIONER JANZ MOVED to initiate the investigation of a variance for Case S09-011, and to
request staff waive the fees if the applicants choose to submit a request for the variance.
Roll call vote on the motion CARRIED 4-0.
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C. Case 09-006. Request a Similar Use Determination, in accordance with KIBC 17.03.090.A &
17.29.020.A, to allow a municipal police station and ancillary use (i.e. jail, regional dispatch facility,
animal control, community services activities, etc.) to be located on a site in the B-Business zoning
district as a use similar in character and impact to aSingle-resident Occupancy (SRO), particularly
regarding the proposed jail portion of the use. The applicant is the City of Kodiak, and the agent is Linda
Freed. The location is 2150, 2160, & 2170 Mill Bay Road, and the zoning is B-Business.
Cassidy gave a staff report
COMMISSIONER KERSCH MOVED to grant a similar use determination ,per KIBC 17.03.090, to
allow a police station, including a 22-bed jail, as a use similar in character and impact to a permitted
single-resident occupancy use, per KIBC 17.29.020.A, and to approve the findings in the staff report
dated November 10, 2008 as "Findings of Fact" for this case.
Close regular meeting:
Open public hearing:
TC Kamai, Police Chief, spoke in favor of this request.
Kirk Rasmussen spoke in opposition of this request.
Close public hearing:
Open regular meeting:
Commission discussion.
Roll call vote FAILED 4-0.
COMMISSIONER JANZ MOVED to initiate a rezone, in accordance with KIBC 17.205.030.B, to
investigate the possible rezone of Lots 20, 21 & 22, U.S. Survey 3098, from B-Business to PL-Public Use
Land.
COMMISSIONER JANZ MOVED TO AMEND the rezone to include the initiation for a conditional
use for Case 09-006.
COMMISSIONER PURDY expressed concern about the lack of 14 parking spaces, and wants to see
another assessment of parking areas.
Roll call vote-amended motion CARRIED 4-0.
Roll call vote-main motion CARRIED 4-0.
CHAIR KING called a 10 minute recess at 9:00 p.m.
CHAIR KING reconvened at 9:11 p.m.
D. Case 09-007. Request an appeal of a decision in accordance with 17.100.020 that approves an
abbreviated plat to re-subdivide Lots 12B-1 and 13C-1, Block 1, Miller Point Alaska subdivision, 2"a
Addition creating Lots 12C, 12D and 13D, Block 1, Miller Point Alaska Subdivision, 2"a Addition.
Relief sought by the appellants is to prevent the creation of the additional lot and modification of adjacent
parcels for the benefit of this newly proposed lot on the basis that approval of the abbreviated plat will
increase the neighborhood traffic volume and cause a negative irrevocable change in neighborhood
character. The re-subdivision and reconfiguration of the adjacent parcels will create lots that are too
narrow to adequately provide access to and from these modified parcels. The appellants are Solveig
Christenson and Randy Schick. The location is 4296 and 4304 Cliffside Road, and the zoning is R2-Two
Family Residential.
CHAIR KING announced:
This is an appeal of the Community Departments decision, only persons who have received written notice
of the appeal or submitted written comments on the appeal may present oral argument. Oral argument
shall be subject to the following order and time limitations, unless the commission, for good cause shown,
permits a change in the order or an enlargement of time.
P&Z Minutes November i9, 2008 Page 3 of 5
1. Borough staff: ten (10) minutes to present the decision below and to set forth the evidence and
reasons relied upon for the decision.
2. Appellant: ten (10) minutes.
3. Private person supporting the appeal: ten (10) minutes each.
4. Private person opposing the appeal: ten (10) minutes each.
5. Appellant, for rebuttal: ten (10) minutes.
The commission shall decide the appeal upon the appeal record and the written and oral argument
presented on the appeal.
CHAIR KING asked Cassidy procedural questions.
Cassidy stated we can't deny the public to rights of appeal and testimony, and we're going with the
advice of the attorney.
Cassidy, borough staff, presented the decision and set forth the evidence and reasons relied upon for the
decision.
Randy Schick, appellant, presented his argument.
Solveig Christensen, appellant, presented her argument.
Mike Sirofchuck, private person in support of the appeal, presented his argument.
Stacy Studebaker, private person in support of the appeal, presented her argument.
Lynn Furin, private person in support of the appeal, presented her argument.
Kirk Rasmussen, private party opposing the appeal, presented his argument.
Solveig Christensen, appellant, presented her rebuttal.
Commission discussion.
CHAIR KING called a recess at 10:30 p.m.
CHAIR KING reconvened the meeting at 10:40 p.m.
COMMISSIONER PURDY MOVED to affirm the decision of the community development department
director approving an abbreviated plat as submitted.
Roll call vote FAILED 2-2. The ayes: COMMISSIONER KERSCH and CHAIR KING. The noes:
COMMISSIONER JANZ and COMMISSIONER PURDY.
COMMISSIONER JANZ MOVED to approve the reversal of a decision of the community development
department director in approving the abbreviated plat.
Roll call vote FAILED 2-2. The ayes: COMMISSIONER JANZ and COMMISSIONER PURDY. The
noes: CHAIR KING and COMMISSIONER KERSCH.
It was the consensus to postpone until a December special meeting to allow staff time to research the next
step.
COMMISSIONER KERSCH MOVED TO POSTPONE this case until the December 17`h Special
Meeting at 6:00 p.m.
Roll call vote CARRIED 4-0.
E. Case 09-005. Request a review and recommendation of the 2009 - 2013 Capital Improvement
Projects. The location is Borough wide projects.
Cassidy gave a staff report
COMMISSIONER PURDY MOVED TO POSPONE INDEFINITELY the review of the 2008 Capital
Projects List.
Close regular meeting:
P&Z Minutes November i9, 2008 Page 4 of 5
Open public hearing:
Close public hearing:
Open regular meeting:
Roll call vote CARRIED 4-0.
OLD BUSINESS
There was no old business
NEW BUSINESS
There was no new business
COMMUNICATIONS
There was no communications
REPORTS
A. Abbreviated & Final Plats
B. Meeting Schedule:
• December 10, 2008 work session at 7:30pm in the KIB Conference Room
• December 17, 2008 regular meeting at 7:30pm in the Assembly Chambers
COMMISSIONER JANZ MOVED to accept reports as presented.
Voice vote motion CARRIED unanimously.
AUDIENCE COMMENTS
COMMISSIONER'S COMMENTS
COMMISSIONER JANZ said she went to GIS Day and said it's exciting to hear what the borough is
doing and moving forward, and the cruise ship meeting was well attended also.
COMMISSIONER PURDY said he hopes the public understands the process we went through tonight
and they seem to get caught up in governmental procedure but we did the best we could.
ADJOURNMENT
CHAIR KING adjourned the meeting at 10:59 p.m.
KODIAK ISLAND BOROUGH
NNIN & Z N COMMISSION
By: ~ ;
ATTEST
By: 1Qrt ~~[L~Q~
DATE APPROVED: December 17, 2008
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