2009-01-21 Regular MeetingS ANNEL
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Kodiak Island Borough j
Planning & Zoning Commissio
Minutes
January 21, 2009
CALL TO ORDER
MAA - 3 2009
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;embly Cham+'li~rs -
CHAIR KING called to order the January 21, 2009 regular meeting of the Planning and Zoning
Commission at 7:32 p.m.
ROLL CALL
Commissioner Present Absent Excused Others Present
Mr. Kin X Bud Cassid
Mr. Watkins X Communit Develo ment
Ms. Janz X Sheila Smith
Mr. Kersch X Communit Develo ment
Mr. Torres X
Vacant
Vacant
A quorum was established.
COMMISSIONER WATKINS MOVED to excuse COMMISSIONER KERSCH due to him
being on vacation.
Voice vote on motion CARRIED unanimously.
APPROVAL OF AGENDA
COMMISSIONER TORRES MOVED to approve the January 21, 2009 Planning & Zoning
agenda.
Voice vote on motion CARRIED unanimously.
APPROVAL OF MINUTES
COMMISSIONER WATKINS MOVED to approve the December 17, 2008 Planning & Zoning
Regular Meeting Minutes and the December 17, 2008 Planning & Zoning Special Meeting
Minutes.
Voice vote on motion CARRIED unanimously.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Duncan Fields requested the Findings of Fact not be approved for Old Business Item -Case 08-
023. He stated the tracts are large but the language in the packet states they are small parcels. If
Tract K was subdivided there would probably be 6 or 7 lots. He feels the language is not
appropriate when talking about these large tracts of land in terms of spot zoning. There is a
substantial amount of Business property in Bells Flats much of which has not been developed.
He requested the commission review their findings of fact. Fields also stated he is involved in the
Old Harbor small boat harbor replacement and it is an essential project because it is falling apart.
PUBLIC HEARINGS
Case 09-008. Request Variances, according to KIBC 17.195, to allow asingle-family residence
to encroach 4.67 feet into the required 25 foot front yard setback per KIBC 17.75.OSO.A; and to
January 21, 2009 P&Z Minutes Page 1 of 15
encroach 0.8 feet into the required 10 foot side yard setback per KIBC 17.75.OSO.B; and to allow
a 12.4 by 20.1 foot accessory building to encroach 9.83 feet into the required 10 foot side yard
setback per KIBC 17.75.OSO.B per the as-built survey dated 18 September 2008 of Lot SA, U.S.
Survey 3466. The location is 2561 Beaver Lake Drive and the zoning is RR1-Rural Residential
One. The applicants are Dennis & Deborah McCusker.
Cassidy gave a brief staff report and stated staff recommends approval of the variances subject to
1 condition of approval.
COMMISSIONER JANZ MOVED to grant three (3) variances, according to KIBC 17.195, to
allow asingle-family residence to encroach 4.67 feet into the required 25 foot front yard setback
per KIBC 17.75.OSO.A; and to allow the same single-family residence to encroach 0.8 feet into
the required 10 foot side yard setback per KIBC 17.75.OSO.B; and to allow a 12.4 by 20.1 foot
accessory building to encroach 9.83 feet into the required 10 foot side yard setback per KIBC
17.75.OSO.B, subject to a condition of approval, and to adopt the findings contained in the staff
report dated January 2, 2009 as "Findings of Fact" for this case.
Close regular meeting:
Open public hearing:
Close public hearing:
Open regular meeting:
A brief discussion.
COMMISSIONER WATKINS MOVED TO AMEND the motion to read "Move to grant three
(3) variances, according to KIBC 17.195, to allow asingle-family residence to encroach 5 feet
into the required 25 foot front yard setback per KIBC 17.75.OSO.A; and to allow the same single-
family residence to encroach 1 foot into the required 10 foot side yard setback per KIBC
17.75.OSO.B; and to allow a 12.4 by 20.1 foot accessory building to encroach 9.83 feet into the
required 10 foot side yard setback per KIBC 17.75.OSO.B, subject to a condition of approval, and
to adopt the findings contained in the staff report dated January 2, 2009 as "Findings of Fact" for
this case.
CONDITION OF APPROVAL
1. Should the accessory building be moved for any distance, removed, destroyed, substantially
rebuilt, etc., the accessory building will observe a minimum five (5) foot side yard setback
from the west side property boundary.
FINDINGS OF FACT
17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property
or intended use of development, which generally do not apply to other properties in the
same land use district.
This lot is constrained by exceptional physical conditions, which generally do not apply to the
majority of other properties in the same land use district. The lot size is substantially smaller
than the minimum lot area required in the RR1-Rural Residential One zoning district. The
usable lot area on Lot SA, USS 3466 is less than 75% of the 20,000 square foot minimum lot
area requirement. In addition, the lot is slope affected in the rear portion of the property, towards
the lake, such that reasonable development is required to be located towards the front the proper
in order to obtain a functional near-grade access to Beaver Lake Drive.
17.66.050 A.2. Strict application of the zoninE ordinances would result in practical
difficulties or unnecessary hardships.
January 21, 2009 P&Z Minutes Page 2 of 15
Strict application of the zoning ordinances would result in practical difficulties or unnecessary
hardships. The petitioner would be required to remove portions of building or seek other
remedies such as replatting lot boundaries which are impractical and beyond the petitioners
control because it involve the property of others.
17.66.050 A.3. The granting of the variance will not result in material damages or prejudice
to other properties in the vicinity nor be detrimental to the public's health, safety, and
welfare.
Granting the variance will not result in material damages or prejudice to other properties in the
vicinity, nor be detrimental to the public safety and welfare. The proposed project would not
infringe upon, or into, abutting properties, nor be of such magnitude that the overall volume of
the structures project would constitute a detriment to the neighboring properties. A condition of
approval will be applied to allow a larger side yard setback (five feet) should the accessory
building be moved, destroyed or substantially rebuilt.
17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
The Comprehensive Plan is a general policy guide, which does not address site specific standards
such as setbacks.
17.66.050 A.S. That actions of the applicant did not cause special conditions or fmancial
hardship from which relief is being sought by the variance.
The intent of the KIB variance standards, and the applicable Alaska Statutes which form their
basis, is to require the adjudication of variance requests before the property owner undertakes
construction activity and makes significant investments. In this case the original encroachments
were created by prior owners in interest and were permitted by KIB staff through prior
application of certain zoning and subdivision code interpretations.
17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the
district involved.
The granting of this variance will not permit a prohibited land use in this district.
Roll call vote on amended motion CARRIED 4-0.
Roll call vote on main motion CARRIED 4-0.
B) Case 09-009 and 09-013. Request an investigation, according to KIBC 17.205.030.B
(Manner of Initiation) to consider the rezone of Lots 20, 21 and 22, U.S. Survey 3098, from B-
Business to PL-Public Use Land; and, a conditional use permit, according to KIBC 17.200 and
KIBC 17.130.030.B (Conditional Uses) to permit a 22-bed correctional facility as part of the new
Kodiak Police Station. The locations are 2150, 2160, & 2170 Mill Bay Road and the zoning is B-
Business. The applicants are the City of Kodiak and the Planning & Zoning Commission. The
agent is Linda Freed.
Cassidy gave a brief staff report and recommended the commission forward this rezone request
to the Kodiak Island Borough Assembly with a recommendation that it be approved, and that the
commission approve a conditional use permit to allow a 22-bed jail (correctional facility) subject
to the rezone becoming effective for the site.
COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Lots 20, 21 and 22, U.S. Survey 3098, 3.75 acres, from B-Business to
PL-Public Use Land, and to adopt the "Findings of Fact" in the staff report dated December 17,
2008 in support of this recommendation.
Close regular meeting:
Open public hearing:
January 21, 2009 P&Z Minutes Page 3 of 15
Close public hearing:
Open regular meeting:
A brief discussion.
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.
Although the population of the City of Kodiak has been flat for the past several years, the
existing police station and jail facility have long been in need of replacement. Part of this need is
simply through the recognized obsolescence of the existing building itself and part of this need is
through the growth of the police force and the increased demands being placed on the existing
jail facility. The jail facility is recognized to be substandard by state authorities and as such is
only permitted for a maximum of 10 day holding. So this change would allow the community to
develop a new police station and jail in the PL-Public Use Land zoning district to provide a new
facility that able to handle the unmet needs of the community and to meet current state and local
standards for holding prisoners for up to 30 days maximum.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the
Objectives of the Comprehensive Plan.
The Comprehensive Plan mentions the tentative location of a new police station and jail on near
island but it also recognized the prospect that the city might continue to consider other options in
its site extensive and extended site selection process. Although it was not possible to recount in
the plan all of the potential sites considered by the City of Kodiak, it seems clear through the
diligent efforts of the city that this location best meets the future community need for a new
police station and jail. Loss of the commercial zoned land in this location is not of major
concern as the community appears to have a surplus of undeveloped and underdeveloped
commercial zoned property. In addition, the plan generally encourages commercial use and
development to be located in the downtown Kodiak area or in other recognized commercial
nodes such as the Safeway/Lakeside subarea or Near Island.
Roll call vote on motion CARRIED 4-0
COMMISSIONER WATKINS MOVED to grant a conditional use permit (CUP), according to
KIBC 17.200 and KIBC 17.130.030.B (Conditional Uses) to permit a 22-bed correctional facility
as part of the new Kodiak Police Station on Lots 20, 21 and 22, U.S. Survey 3098, subject to two
(2) conditions of approval, and to adopt the findings contained in the staff report dated January 8,
2009, as FINDINGS OF FACT for this case.
Close regular meeting:
Open public hearing:
Close public hearing:
Open regular meeting:
CONDITIONS OF APPROVAL
1. The conditional use permit (CUP) is based upon the detailed site plan, floor plans and other
supporting information submitted by the applicant detailing a new police station and jail
facility for this case. The focus of this CUP is the 22-bed jail facility, such that any future
expansion of the jail (correctional facility) use, in terms of beds or floor area shall require a
new CUP review before the Planning & Zoning Commission.
January 21, 2009 P&Z Minutes Page 4 of 15
2. The CUP will become effective upon approval of the recommended zoning change ordinance
by the Kodiak Island Borough Assembly.
FINDINGS OF FACT
1. That the conditional use will preserve the value spirit character and integrity of the
surrounding area.
The proposed development site is located in the midst of a strip commercial area located
along the south side of Mill Bay Road. Although there are other public facilities in the
general area such as East Elementary School, Providence Kodiak Island Medical Center, and
the adjoining city cemetery, the proposed police station and jail facility is oriented towards
the Mill Bay Road frontage. Substantial fencing and other security measures are to be
located at the rear of the facility where jail prisoners will be delivered and transferred into the
jail portion of the overall facility.
The police station and jail will operate in much the same manner as the existing police station
with employee and visitor vehicles coming and going. Vehicle patrols and shift changes will
also be accommodated from this site. The facility will provide for offices, locker room/work
out space, dispatch center, emergency operations center (EOC) and the jail.
Prisoners of the jail are not allowed to have vehicles parked on the site which will minimize
the parking requirement associated with this use. The architectural design documents apply
an office use parking calculation to the entire facility, i.e. one off-street parking space per
200 square feet of gross floor area for the first 2000 square feet and one off-street parking
space per 300 square feet of gross floor area for additional floor area over 2000 square feet.
The standard also allows for storage space at one off-street parking space per 1,000 square
feet as shown on the floor plan. The parking plan shows 63 off-street parking spaces, enough
to provide for the entire facility floor area as office space and related storage space, without
any special parking determination for the use or occupancy of designated jail floor area.
The site does not directly adjoin any residential use or zoning district with regard to
screening or lighting requirements, however the zoning compliance permit process should
ensure that any required security lighting does not create glare on the Mill Bay Road arterial.
Contact with nearby school authorities for East Elementary and the Kodiak Christian School
has not resulted in a negative responses at the time of staff report preparation.
2. That the conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question.
The building design and site plan materials submitted for review with this conditional use
permit (CUP) meet or exceed all requirements of the PL-Public Use Land zoning district and
the CUP standards.
3. That granting the conditional use -permit will not be harmful to the public health,
safety, convenience and comfort.
The proposed police station and jail will not be harmful to the public health, safety,
convenience and comfort. Police stations and jails are generally intended to maintain public
health and safety by providing for law enforcement and by taking law breakers into custody
until their guilt or innocence can be determined. In addition the jail is also available for the
serving of minor jail sentences as a community based deterrent to committing crimes against
the community. The facility although not required to have such facilities by the State of
Alaska will have a juvenile detention facility that is substantially separated from the jail
facility which is reserved for adults only.
January 21, 2009 P&Z Minutes Page 5 of 15
4. The 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 PL-Public Use Land Zone has substantial setbacks and minimum lot dimensions that that
are met and exceeded on the proposed site plan. The site is largely bounded by commercial
or other PL zoning districts. This will minimize the need for screening and lighting
restrictions. While there is some R2-Two-family Residential land along the rear property
boundary, this property has been restricted from typical R2 residential development. In
addition, the R2 property is situated at a higher level than the CUP site. The proposed
parking area layout and number of off-street parking spaces (63) is more than adequate to
meet the needs of the proposed use(s) occupying the police station and community jail
facility.
5. The proposed use or structure is located in a manner which will maximize public
benefits.
The City of Kodiak has undertaken an exhaustive site selection process that considered many
other potential locations before selecting and acquiring the subject location. The facility is
not considered a high traffic generator in the context of other commercial uses located up and
down Mill Bay Road. In addition, Mill Bay Road is an arterial street with the capacity to
handle the additional traffic, even though this site is located along one of the most traveled
segments of the road. The site is located well within city boundaries that will provide for
good access and response times to address 'community needs.
Roll call vote on motion CARRIED 4-0.
C) Case 09-011. Request an investigation, according to KIBC 17.205.030.A, (Manner of
Initiation), to consider the rezone of Lot 7 and a majority portion of Tract A, Northland Ranch
Subdivision (per Plat 2007-7), from C-Conservation to RR2-Rural Residential Two; and, the
rezone of a minority portion of Tract A, Northland Ranch Subdivision (approximately 10 to 12
acres out of 112 acres total) from C-Conservation to RNC-Rural Neighborhood Commercial.
Cassidy stated that 12 public hearing notices were sent out and a notice was put up at the Chiniak
Post Office and various Chiniak residents took public hearing notices to distribute to others
living in the Chiniak area. One public hearing notice was returned stating that the present five
acre minimum is suitable and that there are sufficient RNC-Rural Neighborhood Commercial
parcels in the valley that aren't being developed and utilized and the Business designation sought
should be revisited at a later date when the existing business property is developed. This is a case
that involves approximately 121 acres in Kalsin Bay that you are considering for a rezone and
potential future subdividing. The applicant is proposing a Conservation Subdivision which is a
concept where the developer creates large strips of green space but requests the density of the
subdivision be greater than what the code currently allows in areas identified for development
(cluster development). Since this kind of approach isn't found in our code, we have met with the
developer and his consultant and we've suggested how this should be pursued. Tonight you will
be talking about a rezone effort. The commission will be taking action on three different
motions; rezone of Tract A, about 112 acres of Northland Ranch, from Conservation to RR2-
Rural Residential Two and staff is recommending approval, another rezone is about 12 acres of
Tract A at the intersection from C-Conservation to RNC-Rural Neighborhood Commercial and
staff is recommending denial and rezone of Lot 7, about 8.66 acres across Pasagshak Road from
C-Conservation to RR2-Rural Residential Two and staff is also recommending it be denied.
COMMISSIONER JANZ wanted clarified if the public is allowed to use the property at this
point.
Cassidy stated the use of the property is up to the individual property owner, but in this case the
approach is to not make the green space public but for the benefit of the homeowners. The Parks
January 21, 2009 P&Z Minutes Page 6 of 15
& Recreation Committee is in favor of green space and open space but they did raise some
concern. The memo in your packet states that the Parks & Rec Committee is in support of the
cluster concept.
COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of Tract A, Northland Ranch Subdivision from C-Conservation to RR2-
Rural Residential Two, and to adopt the "Findings of Fact" in the staff report dated December
17, 2008 in support of this recommendation.
Close regular meeting:
Open public hearing:
Pam Foreman clarified the Parks & Recreation Committee's concern, which is there is a lot of
recreation in the area and their concern with the property being rezoned to RR2 is it would allow
a lot of people to live in the area that currently aren't there. The Conservation designation allows
small numbers of lots and what Stratman is suggesting is to allow a greater number of lots.
Chris Beck, agent, stated the main concept is there are two choices; one being the traditional
subdivision which would make smaller private parcels, and we are proposing having up to forty
parcels of a minimum of two acres or larger and retain roughly 1/3 of the parcel in public
ownership. It allows the development to occur in a relatively clustered area. At the junction of
Chiniak Highway and Pasagshak Road is an area that the Comp Plan has identified for a node for
commercial development. It allows for development to occur in a relatively clustered area.
Scott Bonney stated he is a licensed professional civil engineer in the State of Alaska. He is pro
development but expressed concern about this rezone and recommends P&Z not approve it as
presented. He expressed concern over the establishment of a precedence and not adhering to the
Comp Plan 5 acre minimum for Conservation land not fronting the highway; high density
development in a unique and delicate Kalsin Bay drainage; and public health and welfare could
easily be harmed due to septic system failure from high water table which he has witnessed
standing water numerous times on this property. The Alaska Dept. of Conservation August 2001
Installer's Manual for conventional on site domestic wastewater treatment and disposal system
reads "Current regulations require at least 4 foot vertical separation between the bottom most
portion of the soil absorption system and the groundwater table measured at the time of year
when the water is expected to be highest. This is to ensure adequate wastewater treatment prior
to disposal into the groundwater system (inaudible) indicates is a relatively porous gravel surface
that allows water to move both into the site and off the site from nearby river. Given this 4 foot
separation requirement to the groundwater table a mound septic system design would be
mandated for considerable portion of the site for a total height above the ground up to six feet.
Four foot separation plus a (inaudible) system of 1 foot minimum plus at least one foot cover
assuming (inaudible) installation six foot above the ground." The KIB and the Alaska DEC
presently have no onsite wastewater treatment systems septic management programs. He urged
the P&Z to protect the public welfare and safety and not approve this request until the
wastewater risk is adequately understood and mitigated.
Woody Koning stated he passes this lot daily and is opposed to the rezone because of density. He
lives in Chiniak because of the acreage, and he's defending the privacy and character of the area.
Subdividing this lot into 2 acre lots is inconsistent with the character of the community is and
what folks that live there cherish. Option 1, that the consultant prepared indicates 17 parcels
between 5 and 9 acres which would not require a zoning change and does allow a greenbelt
along the creek.
Bob Happ stated he has witnessed many times when that tract was under water. He expressed
concern about if the sewage gets into Kalsin Creek because it flows into the Olds River about
January 21, 2009 P&Z Minutes Page 7 of 15
200 yards downstream of where this tract is located. He is opposed to the high density in this
location because it is so close to some fragile waterways. He urged P&Z not to approve this
request.
Craig Stratman stated the water builds up along the main highway and not back off the highway.
It's not from the groundwater coming up, it's when the river overflows and gets caught up
against the main highway. The ditches in front of the houses fill up with water and there is
standing water there when it rains. He thinks it is not all groundwater and thinks it's when the
river comes floods and runs over against the highway and then eventually runs through the
culverts. He urges the P&Z to approve this rezone.
Cassidy read Teresa Bonney's comments that read "In my opinion Kalsin Bay/Chiniak area has
enough commercial zones at this time and fear more commercial lots would be overkill at this
time. As for two acre lots I believe the Comp Plan clearly shows the desire for 5 acre lots and I
would hate to see rezones or variances that would set precedence for anything less."
Duncan Fields feels it is appropriate the rezone. He said he appreciates Bonney's concerns but
those issues are taken care of by DEC in the permitting process, and the density issues can be
addressed when the subdivision is approved. Fields stated with the improvement of the roads,
other changes in the area, and the need for other recreational opportunities in Kodiak these kinds
of development should be considered.
Omar Stratman said the lake was created from gravel extraction and when fish began coming
into it he decided it was an asset, but he can only put about 3 five acre tracts in so only three
homeowners could enjoy that lake. He talked to Beck about setting aside a corridor that included
a stream, and at that time they talked about a water system and the possibility of putting in a
community water system so the affluent septics wouldn't be much of a problem. As far as the
rezone, this is in the Chiniak Comp Plan not necessarily because he requested it, or wanted it, or
even told that it was going to be there, or invited to participate. It was there because the folks
who were doing it decided they wanted to do this. Stratman stated he would like to create a
recreational corridor to be owned by the people who buy these lots. Beck said he thinks it's how
we read the plan, but along the road it says (inaudible) allows for two acre lots. The number of
lots comes close to the number we would have without the five acre obligation.
Marie Rice stated she hates to see small lots there but she has no objection to seeing it zoned to
RR2 because two acre lots are pretty big.
Close public hearing:
Open regular meeting:
Commission discussion.
COMMISSIONER TORRES asked for clarification regarding a sewer system drain field, what's
the difference if it's affected by groundwater or standing surface water.
Beck stated he's not a civil engineer but he thinks the ADEC rules are pretty clear and you have
to have a consistent gap between the level of your drain field and the groundwater and meet
percolation tests. The ADEC regulations are intended to protect the quality of water. They have
general rules and at the time of the subdivision you're obliged to do some detailed soil testing.
COMMISSIONER TORRES expressed concern about the concentration of two acre lots that it
would max out the sewage capacity of the area and he's not sure that five acre lots wouldn't do
the same.
CHAIR KING asked Beck if when the property is sold will it be to private individuals or to
contractors.
January 21, 2009 P&Z Minutes Page 8 of 15
Beck stated it could be to individuals or contractors. The intent is to establish covenants to go
with the sales of the parcel and set up a number of rules probably the ones you would expect to
see that are common in other subdivisions in Kodiak. It will set some minimums on the size of
parcels to make sure there is reasonably high quality homes built there.
COMMISSIONER JANZ asked Beck about the special limitations to parcels in Anchorage that
he had talked about at the work session and the covenants and how bound are people to those
covenants.
Beck stated special limitations is a tool used in some communities where at the time of rezone it
would be possible to say we will formally codify the requirement to not exceed a certain amount
of units or we'll mandate that a certain percentage of the area will be left to open space. Kodiak,
at this point, doesn't have this tool. On the covenant side, the enforcement of those is within the
homeowner's association and they vary by subdivision. More common is if they are clearly
established at the time the land is purchased. Covenants aren't as firm as a public adopted
ordinance.
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 2008 Kodiak Island Borough Comprehensive Plan Update encourages residential
development throughout the Kalsin Bay and Chiniak communities. The plan and map both call
for two acre lot minimums along the south side of the Chiniak Highway, however there are some
minor discrepancies in the way this is depicted on the map for the Kalsin Bay area and how it is
described in the related plan narrative. In this case, it makes sense to provide RR2-Rurual
Residential Two zoning, with a two acre minimum lot size in order to allow the developers
concept of a "Conservation Subdivision" to move forward to the subdivision process. This will
allow the some flexibility to the developer subject to further review by the Planning and Zoning
Commission.
Even though the plan identifies a commercial node at the intersection of Chiniak Highway and
Pasagshak Road, this need is presently met with the existing 15 acres of commercially zoned
(RNC) property at this location. All of this land previously belonged to the petitioner in this case
and 10 acres were sold to another party. This portion of the request appears to be speculative
and there is not adequate demonstration of the need for additional commercial acreage in the
Kalsin Bay Area, either to serve the resident population or the traveling public. There is
currently 35 acres of RNC zoned land at the head of Kalsin Bay when the land near the Kalsin
Bay Inn is considered. With a minimum lot size of two acres, that represents a considerable
potential for further subdivision and development.
Lot 7, Northland Ranch Subdivision is contiguous with the other six lots on the east side of
Pasagshak Road physically separated from Tract A, Northland Ranch Subdivision by a 100 foot
right-of--way easement to the Alaska Department of Transportation & Public Facilities. The
majority of Lots 1 through 7 are zoned C-Conservation, with Lots 3 and 4 being zoned RNC-
Rural Neighborhood Commercial (Case 08-006). In terms of the "Conservation Subdivision"
concept promoted by the petitioner and the practical aspects of creating aself-contained
community identified by staff, it appears to be speculative and a stretch, at this time, to include
Lot 7 in the context of the other more compelling justifications presented in this case.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the
Obiectives of the Comprehensive Plan.
January 21, 2009 P&Z Minutes Page 9 of 15
The rezone of Tract A, Northland Ranch Subdivision from C-Conservation to RR2-Rural
Residential Two will provide a balanced approach to the implementation of the 2008 Kodiak
Island Borough Comprehensive Plan Update. The land uses permitted in the RR2-Rural
Residential Two zoning are more restrictive than the current C-Conservation zoning district.
This will allow the development of a more residential subdivision rather than a zone that allows
small scale lodges, agricultural uses and fishing activities on a five acre lot. In many regards
although the RR2 zone allows more density of development, one could consider this a "down
zone" in terms of the allowable uses and the kind of mixed development that would no doubt
occur if the land remains C-Conservation through the subdivision and development process.
Recent improvements to the Chiniak Highway have made the road more suitable to support
commuting to Kodiak, although it is expected that a certain percentage of homes in this area will
be second homes or vacation homes.
Roll call vote on motion CARRIED 4-0.
COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly
approve the rezoning of a 10 to 12 acre portion of Tract A, Northland Ranch Subdivision, located
near the intersection of Chiniak Highway and Pasagshak Road, from C-Conservation to RNC-
Rural Neighborhood Commercial; and that the Assembly also approve the rezoning of Lot 7,
Northland Ranch Subdivision from C-Conservation to RR2-Two-family Residential.
Close public hearing:
Open regular meeting:
Chris Beck stated the Comp Plan identifies a small node of commercial development at the
intersection of these two roads and we've understood there are concerns on what is the
appropriate quantity of commercial property in the area. This remains a site that over time this
intersection is a decent place for commercial development. There is a parcel on the other side of
the road that is already designated commercial. We urge the commission to consider this request.
Scott Bonney stated you can even see the standing water on the map and this is in the summer. A
septic system will not work unless it has enough unsaturated soil below it for the biological
activity to occur. It mandates that a system that is mounded up quite high and he can't imagine
how that will work in some of the areas. He spent a month studying septic systems last year..
Kodiak Island Borough does not do anything with septic systems and they don't inspect them.
The DEC does have regulations but they don't inspect them either. They are suppose to be
monitored by engineers or people who install them but too often we don't know where high
water is; therefore we make mistakes.
Omar Stratman stated the septic system at his ranch headquarters works just fine. He explained
there is the large barn and some other structures that are hooked up to the water and septic
system and if that's not commercial what is it. Even though there are fifteen acres of commercial
property at this junction there are only two owners, and by the Kalsin Bay Inn there is probably
more acreage but only 3 owners.
Open regular meeting:
Close public hearing:
A brief discussion.
Roll call vote on motion FAILED 4-0.
COMMISSIONER TORRES MOVED to adopt the findings as Findings of Fact in support of
the denial for rezoning a 10 to 12 acre portion of Tract A, Northland Ranch Subdivision from C-
Conservation to RNC-Rural Neighborhood Commercial and Lot 7, Northland Ranch Subdivision
January 21, 2009 P&Z Minutes Page 10 of 15
from C-Conservation to RR2-Two-family Residential found in the staff report dated January 5,
2009.
Discussion.
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 2008 Kodiak Island Borough Comprehensive Plan Update encourages residential
development throughout the Kalsin Bay and Chiniak communities. The plan and map both call
for two acre lot minimums along the south side of the Chiniak Highway, however there are some
minor discrepancies in the way this is depicted on the map for the Kalsin Bay area and how it is
described in the related plan narrative. In this case, it makes sense to provide RR2-Rurual
Residential Two zoning, with a two acre minimum lot size in order to allow the developers
concept of a "Conservation Subdivision" to move forward to the subdivision process. This will
allow the some flexibility to the developer subject to further review by the Planning and Zoning
Commission.
Even though the plan identifies a commercial node at the intersection of Chiniak Highway and
Pasagshak Road, this need is presently met with the existing 15 acres of commercially zoned
(RNC) property at this location. All of this land previously belonged to the petitioner in this case
and 10 acres were sold to another party. This portion of the request appears to be speculative
and there is not adequate demonstration of the need for additional commercial acreage in the
Kalsin Bay Area, either to serve the resident population or the traveling public. There is
currently 35 acres of RNC zoned land at the head of Kalsin Bay when the land near the Kalsin
Bay Inn is considered. With a minimum lot size of two acres, that represents a considerable
potential for further subdivision and development.
Lot 7, Northland Ranch Subdivision is contiguous with the other six lots on the east side of
Pasagshak Road physically separated from Tract A, Northland Ranch Subdivision by a 100 foot
right-of--way easement to the Alaska Department of Transportation & Public Facilities. The
majority of Lots 1 through 7 are zoned C-Conservation, with Lots 3 and 4 being zoned RNC-
Rural Neighborhood Commercial (Case 08-006). In terms of the "Conservation Subdivision"
concept promoted by the petitioner and the practical aspects of creating aself-contained
community identified by staff, it appears to be speculative and a stretch, at this time, to include
Lot 7 in the context of the other more compelling justifications presented in this case.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on the
Objectives of the Comprehensive Plan.
The rezone of Tract A, Northland Ranch Subdivision from C-Conservation to RR2-Rural
Residential Two will provide a balanced approach to the implementation of the 2008 Kodiak
Island Borough Comprehensive Plan Update. The land uses permitted in the RR2-Rural
Residential Two zoning are more restrictive than the current C-Conservation zoning district.
This will allow the development of a more residential subdivision rather than a zone that allows
small scale lodges, agricultural uses and fishing activities on a five acre lot. In many regards
although the RR2 zone allows more density of development, one could consider this a "down
zone" in terms of the allowable uses and the kind of mixed development that would no doubt
occur if the land remains C-Conservation through the subdivision and development process.
Recent improvements to the Chiniak Highway have made the road more suitable to support
January 21, 2009 P&Z Minutes Page 11 of 15
commuting to Kodiak, although it is expected that a certain percentage of homes in this area will
be second homes or vacation homes.
A brief discussion.
Roll call vote on motion CARRIED 4-0.
OLD BUSINESS
A) Case 09-007. Adopt Findings of Fact in support of the Planning & Zoning Commission's
decision to affirm the Community Development Department Director's decision approving an
abbreviated plat to re-subdivide Lots 12B-land 13C-1, Block 1, Miller Point Alaska subdivision,
2°d Addition creating Lots 12C, 12D and 13D, Block 1, Miller Point Alaska Subdivision, 2°d
Addition. The locations are 4296 and 4304 Cliffside Road and the zoning is R2- Two Family
Residential. The appellants are Solveig Christensen and Randy Schick.
Cassidy gave a brief staff report.
COMMISSIONER TORRES MOVED to adopt findings of fact for case 509-007 based on the
findings of fact found in the staff memo dated January 4, 2009.
Commission discussion.
COMMISSIONER WATKINS MOVED TO AMEND the motion to read "Move to adopt
findings of fact for case 09-007 based on the findings of fact found in the staff memo dated
January 4, 2009."
FINDINGS OF FACT
A. This abbreviated plat meets the following minimum requirements outlined in KIBC
16.40.050.
The lots created are of the size and shape to provide usable building sites appropriate for the
locality in which the subdivision is located.
The subdivision is accessed by a road that can accommodate additional traffic that would be
created by the plat and that the road has sufficient line of site clearance and presents no drainage
issues.
The subdivision is consistent with the existing development characteristics that include the size
and shape of exiting lots the extent of existing development and the topography in the
neighborhood.
The subdivision is consistent with the policies of the KIB Coastal Management program.
The lots created by this subdivision meet the minimum lot size and width requirements of the
Borough zoning code.
There are no double frontage lots created by this subdivision.
The flag lot created will be prohibited from future subdivision.
There are no driveway access issues.
Fire apparatus can access structures constructed on this newly created lot.
There are no utility issues or zero lot line issues associated with this proposed subdivision
The proposed lot has access from a dedicated public right of way and there are no road
construction standards for Cliffside Drive that are part of this proposed subdivision.
B. The abbreviated plat meets the eligibility requirements of HIBC 16.30.020.
January 21, 2009 P8~Z Minutes Page 12 of 15
This plat meets the eligibility requirements of 16.30.020(A) to be reviewed as an abbreviated plat
by the fact that it is limited to:
The movement, addition or elimination of lot lines within filed, surveyed subdivisions
that do not result in the creation of more than four lots, parcels, or tracts.
C. This plat does not create a subdivision that will:
1. Allow a change in the permitted use to which the lot or tract may be devoted under
existing zoning;
2. Alter or vacate a dedicated street, right-of--way, or other public area, or require additional
dedication
3. Deny adequate access to and from all lots or tracts created by the subdivision or those
adjacent to it; or
4. Create a residential lot smaller than the minimum size for the zoning district.
Roll call vote on the amended motion CARRIED 4-0.
Roll call vote on motion CARRIED 4-0.
B Case 08-023. Adopt Findings of Fact in support of the Planning & Zoning Commission's
decision to deny the rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract
A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision,
from B-Business to RR1-Rural Residential One.
Cassidy gave a brief staff report.
COMMISSIONER WATKINS MOVED to adopt findings of fact for case 08-023 according to
the findings of fact outlined in the staff report dated January 4, 2009.
Commission discussion.
FINDINGS OF FACT
Finding as to the need and justification for a change or amendment
There is no need or justification for the rezoning of parcels in this case as the parcels are being
utilized consistently with the intent of the B-Business zoning district. Any change in zoning
would make the existing legitimate uses nonconforming disallowing any growth and expansion.
Finding as to the effect a change or amendment would have on the objectives of the
comprehensive.
A rezoning of this area to residential is inconsistent with the recently adopted comprehensive
plan that identifies this area for business use. Any change in the zoning would be counter to the
overall intent of zoning and that is to separate incompatible uses.
Recommendation as to the approval or disapproval of the change or amendment.
It is recommended that the request for rezoning of parcels in this request be disapproved.
Roll call vote on motion CARRIED 4-0.
NEW BUSINESS
A) Elections -Chair and Vice Chair
CHAIR KING asked for nominations for Chair.
COMMISSIONER WATKINS nominated Dave King as Chair.
Nominations were closed for Chair due to there were no more nominations.
January 21, 2009 P8~Z Minutes Page 13 of 15
Voice vote on Dave King as Chair CARRIED 4-0.
CHAIR KING asked for nominations for Vice Chair
COMMISSIONER JANZ nominated Brent Watkins for Vice Chair.
Nominations were closed for Vice Chair due to there were no more nominations.
Voice vote on Brent Watkins as Vice Chair CARRIED 4-0.
B) Introduction of Proposed Amendments to the Planning & Zoning Commission By-Laws
CHAIR KING stated this is before the commission for review and will be on the next month's
agenda for approval.
A brief discussion
C. Resolution 2009-02 Requesting Funding to Hire a Consultant for Title 16-Subdivisions
and Title 17-Zoning Code Updates
Cassidy gave a brief staff report.
COMMISSIONER TORRES MOVED to approve Resolution 2009-02 - A Resolution of the
Kodiak Island Borough Planning & Zoning Commission recommending the hiring of a
consulting firm to update Title 16 and Title 17 of the Kodiak Island Borough Code.
Commission discussion.
Roll call vote on motion CARRIED 4-0.
COMMUNICATIONS
A. Larsen Bay Private Dock -Coastal Project Review
B. Old Harbor Small Boat Harbor Replacement -Coastal Project Review
C. Ouzinkie Dock -Coastal Review
Cassidy gave a brief staff report.
COMMISSIONER WATKINS MOVED to accept communications as presented.
REPORTS
A. Meeting Schedule:
• February 11, 2009 work session at 7:30pm in the KIB Conference Room.
• February 18, 2009 regular meeting at 7:30pm in the Assembly Chambers.
Cassidy gave a brief staff report.
A brief discussion regarding postponing the February 18, 2009 meeting to February 25~' due to
there won't be a quorum for the 18th
COMMISSIONER WATKINS MOVED to postpone the February 18, 2009 Planning & Zoning
Commission regular meeting to February 25, 2009.
Voice vote on motion CARRIED unanimously.
COMMISSIONER WATKINS MOVED to accept reports as amended.
Voice vote on motion CARRIED unanimously.
January 21, 2009 P&Z Minutes Page 14 of 15
AUDIENCE COMMENTS
Kirk Rasmussen thanked the commission for approving his replat and stated his plat meets the
code and it is in the Comp Plan as R2.
Solveig Christensen stated the Comp Plan information for this area is not appropriate and in the
future she would like an opportunity to comment before a decision is made. She also said the
neighborhood is fearful that further subdivisions of property will take place.
COMMISSIONER'S COMMENTS
ADJOURNMENT
COMMISSIONER TORRES MOVED to adjourn the January 21, 2009 Planning & Zoning
Commission regular meeting.
CHAIR KING adjourned the meeting at 9:38 p.m.
By: ~ . .~--
Dave King, Chair
ATTEST
By. ~`C`),Ylet_S?~ \'~1"fZ~l~1k l
Sheila Smith
APPROVED: February 25, 2009
January 21, 2009 P&Z Minutes Page 15 of 15