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Planning &~ Zoning Commission ~ ;
Minutes -~~
May 20, 2009 Assembly Chambers
CALL TO ORDER
CHAIR KING called to order the May 20, 2009 regular 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. anz X Sheila Smith
Mr. Kersch X Communi Develo ment
Mr. Torres X
Ms. Vickstrom X
Vacant
A quorum was established.
COMMISSIONER WATKINS MOVED to excuse COMMISSIONER JANZ due to the school
activities she is participating in this evening.
Voice vote on motion CARRIED unanimously.
APPROVAL OF AGENDA
COMMISSIONER TORRES MOVED to approve the May 20, 2009 Planning &z Zoning agenda.
Voice vote on motion CARRIED unanimously.
APPROVAL OF MINUTES
COMMISSIONER KERSCH MOVED to approve the Apri115, 2009 Planning &t Zoning Regular
Meeting Minutes.
Voice vote on motion CARRIED unanimously.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Mike Sirofchuck, Parks &z Recreation Committee Chair, gave an update on the RFP selection
process and spoke in support of the Parks &t Recreation recommendation for a consultant on the
Kodiak Island Trails Master Plan.
Mel Stephens spoke in support of Old Business Item S06-012 stating the Vulcan Company urges
the commission to approve this request as is without any further conditions whatsoever. He
stated these private roads meet the 3 requirements of the code and the preliminary plats contain
all the information required by the borough code.
May 20, 2009 P&rZ Minutes Page 1 of 9
PUBLIC HEARINGS
A) Case S09-006. Request a vacation, according to KIBC 16.60, of the "A" Street right-of-
way in Larsen Bay, located between Lots 2, 3, and 4, Block 2, and Lots 1 and 8, Block 3 all
located within Tract A, Larsen Bay Townsite, U.S. Survey 4872 as depicted on Plat 69-3,
Kodiak Recording District.
Cassidy gave a brief staff report stating the lodge has been sold. Mr. Kososki represents the
Kodiak Legends Lodge now and Joel Wattum is no longer affiliated. Mr. Kososki has requested a
postponement to give him time to work things out. Staff recommends the Commission approve
a 1 year postponement of Case S09-006 from the date of this meeting.
COMMISSIONER TORRES MOVED to approve a 1 year postponement until May 2010 of Case
S09-006, in order to allow for further dialogue between the petitioner, the City of Larsen Bay
and other interested parties, subject to one condition of approval.
The public hearing was opened and closed. There were no public comments for this case.
Commission discussion.
CONDITION OF APPROVAL
1. The purpose of this postponement is to allow a 1 year postponement of Case S09-006 for the
purpose of further communication and dialogue to occur between the petitioner, the City of
Larsen Bay and other interested parties. The maximum duration of this postponement will
be 12 months, after which time this case shall become null and void such that a new
application will be required if this request is to be considered at another time.
Roll call vote on motion CARRIED 5-0.
B) Case S09-018. Request preliminary approval, according to KIBC 16.40, of the vacation of
Lots 1- 4, Seaview Subdivision creating Lot lA, Seaview Subdivision.
Cassidy gave a staff report stating this request appears fairly basic and staff recommends
approval subject to conditions of approval.
COMMISSIONER WATKINS MOVED grant preliminary approval, according to KIBC 16.40,
for the replat of Lots 1 through 4, Seaview Estates Subdivision, creating Lot lA as a reversion to
acreage and dedicating a private road easement 50 feet in width, to serve both Lot lA and
proposed Lots 1 through 8, Seaview Estates Subdivision to be created on a portion of Lot 29A,
U.S. Survey 2539, subject to the conditions of approval in the staff report dated May 7, 2009 and
to adopt "Findings" contained in the same staff report.
Close regular meeting &z open public hearing:
Mel Stephens, LASH Corporation Est Vulcan Company attorney spoke in support of this request
and commented on staff's comments in the staff report.
Close public hearing &t open regular meeting:
Commission discussion.
CONDITIONS OF APPROVAL:
1. Need to show lot area, gross and net, from Rezanof Drive centerline unless it is clear that the
Rezanof Drive ROW is also being dedicated by this plat.
May 20, 2009 P&rZ Minutes Page 2 of 9
2. Show adjoining Lot 21 which is located southeast of the Rezanof Drive ROW.
3. Although this is not a final plat review, it will be necessary to provide the full "Ownership
Affidavit" in order to dedicate the proposed private road easement and any other intended
easements or ROW dedications.
4. Need to provide an address for the subdivider as required by code.
5. Add a note: "This is a reversion to acreage'.
6. Private Road is necessary for the adjoining subdivision of Lot 29A, USS 2539, Seaview
Estates Subdivision. This plat can be incorporated with the final plat for Seaview Estates
Subdivision or submitted separately but concurrently at the time of final plat review.
7. Provide a driveway profile to show that driveway slope standards can be met for that private
road segment intersecting with Rezanof Drive.
8. The petitioner shall obtain approval from the ADOTBzPF for an intersection permit for the
intersection of the proposed private road with the Rezanof Drive West ROW.
FINDINGS OF FACT
1. Subject to conditions of approval, this plat meets the minimum standards of survey accuracy
and proper preparation of plats required in Title 16 of the Borough Code.
2. Subject to conditions of approval, 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 motion CARRIED 5-0.
C) Case 09-017. Request a Conditional Use Permit, according to KIBC 17.200 (Conditional
Use Permits) and 17.50.040.H (Conditional Uses), to allow the redevelopment of an
established communication lease site with aself-supporting 120 foot monopole tower
(with down guy anchors for added safety), and related 10 by 12 foot accessory equipment
shelter, to replace the existing guyed tower and 10 by 16 foot equipment hut.
Cassidy gave a brief staff report stating staff believes this request meets all the conditions
necessary, as reflected in the findings of fact, for a conditional use permit to be granted under
Chapter 17.67 (Conditional Use Permits) of the Borough Code.
COMMISSIONER TORRES MOVED to grant a conditional use permit, according to KIBC
17.200 (Conditional Use Permits) and 17.50.040.H (Conditional Uses), to allow the
redevelopment of an established communication lease site with aself-supporting 100 foot
monopole tower (with down guy anchors for added safety), and related 10 by 12 foot accessory
equipment shelter, to replace the existing guyed tower and 10 by 16 foot equipment hut, subject
to three (3) conditions of approval, and to adopt the findings of fact contained in the staff report
dated Apri120, 2009, as "Findings of Fact" for Case 09-017.
Close regular meeting &r open public hearing:
Wayne Haerer, agent, was spoke in support of the request stating the tower has been reduced in
height to 100 feet.
Close public hearing &r open regular meeting:
Commission discussion.
May 20, 2009 P~stZ Minutes Page 3 of 9
CONDITIONS OF APPROVAL
1. The color of structures and equipment will be subdued to blend in with the natural
surroundings, and natural vegetation immediately surrounding the constructed facilities will
be preserved to the maximum extent possible to preserve visual aesthetics.
2. Should the site be abandoned due to future advance of communications technology or
development of alternative communications facilities, the site will be cleared within one (1)
year of abandonment and returned to a natural state.
3. 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 Planning
and Zoning Commission will review the modifications at a public hearing prior to the
implementation of such changes.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and integrity
of the surrounding area.
This use, as well as similar communication and utility facilities have existed in this area for many
years without conflicts. Conditions of approval suggested to address aesthetic and visual
concerns will preserve the value, spirit, character, and integrity of the surrounding area. Natural
vegetation will be maintained around the facility. Colors of structures and dishes should be
subdued to the extent possible and necessary. If the facility is abandoned, the site will be
cleared of equipment and structures and returned to a 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.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining
to the conditional use in question.
Based on the site plan and supporting documentation, it appears that the conditional use will
fulfill all other requirements of code. The site is above groundwater recharge areas and natural
vegetation is required to be preserved to the maximum extent possible.
17.67.05 C. That granting the conditional use permit will not be harmful to the up blic
health, safety, convenience and comfort.
The 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 topography and vegetation from residential areas. 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 motion CARRIED 5-0.
Case 09-018. Request a Conditional Use Permit, according to KIBC 17.200 (Conditional Use
Permits) and 17.50.040.H (Conditional Uses), to allow the placement of a 50 foot treated
wood (mono pole communications tower and an associated 5 by 9 foot equipment
platform on an existing communications lease site.
May 20, 2009 P&zZ Minutes Page 4 of 9
Cassidy stated staff believes this request meets the conditions necessary, as reflected in the
findings of fact, for a conditional use permit to be granted.
COMMISSIONER WATKINS MOVED to grant a conditional use permit, according to KIBC
17.200 (Conditional Use Permits) and 17.50.040.H (Conditional Uses), to allow the placement of
a 50 foot treated wood (mono) pole communications tower and an associated 5 by 9 foot
equipment platform on an existing communications lease site, subject to three (3) conditions of
approval, and to adopt the findings contained in the staff report dated April 20, 2009 as
"Findings of Fact" for case 09-018.
The public hearing was opened and closed. There were no public comments for this case.
Discussion
CONDITIONS OF APPROVAL
1. The color of structures and equipment will be subdued to blend in with the natural
surroundings, and natural vegetation immediately surrounding the constructed facilities will
be preserved to the maximum extent possible to preserve visual aesthetics.
2. Should the site be abandoned due to future advance of communications technology or
development of alternative communications facilities, the site will be cleared within one (1)
year of abandonment and returned to a natural state.
3. 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 Planning
and Zoning Commission will review the modifications at a public hearing prior to the
implementation of such changes.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and integritX
of the surrounding lea.
This use, as well as similar communication and utility facilities have existed in this area for many
years without conflicts. Conditions of approval suggested to address aesthetic and visual
concerns will preserve the value, spirit, character, and integrity of the surrounding area. Natural
vegetation will be maintained around the facility. Colors of structures and dishes should be
subdued to the extent possible and necessary. If the facility is abandoned, the site will be
cleared of equipment and structures and returned to a 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.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining
to the conditional use in question.
Based on the site plan and supporting documentation, it appears that the conditional use will
fulfill all other requirements of code. The site is above groundwater recharge areas and natural
vegetation is required to be preserved to the maximum extent possible.
17.67.05 C. That granting the conditional use permit will not be harmful to the public
health, safety, convenience and comfort.
The 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.
May 20, 2009 P~scZ Minutes Page 5 of 9
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 topography and vegetation from residential areas. 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 motion CARRIED 5-0.
Case 09-019. Request a Conditional Use Permit, according to KIBC 17.200 (Conditional Use
Permits) and 17.50.040.D (Conditional Uses), to allow up to six (6) duplex style recreation
cabins (or the equivalent) to be developed and maintained as a system of satellite lodges for
use by more than six guests along the Karluk River drainage as permitted in the
conservation easement agreement between Koniag, Inc. and the Kodiak National Wildlife
Refuge.
CHAIR KING stated he works for the Kodiak National Wildlife Refuge and he doesn't have a
conflict with this case, and he will not benefit financially.
Cassidy gave a brief staff report stating staff recommends that the Commission grant this
conditional use request with appropriate stipulations.
COMMISSIONER TORRES asked if the 6 duplex style or equivalent means they can have a 12
unit building out there.
Cassidy stated if you grant them a CUP they can have more than 6 people in a cabin and each
cabin is required not to be any greater than 750 sq. feet. The proposal is to have the different
locations identified in the backup information.
COMMISSIONER WATKINS said the cabin that's not located in the refuge, is that located on
the reservation.
Cassidy stated he doesn't know if it is still a reservation but it's located in the area.
COMMISSIONER TORRES MOVED grant a conditional use permit (CUP), according to KIBC
17.200 and KIBC 17.50.040.D, to allow up to six (6) duplex style recreation cabins (or the
equivalent) to be developed and maintained as a system of satellite cabins for use by more than
six guests along the Karluk River drainage as permitted in the conservation easement agreement
between Koniag, Inc., the Kodiak National Wildlife Refuge and the Alaska Department of Fish
&z Game, subject to one (1) stipulation, and to adopt the findings contained in the staff report
dated May 6, 2009, as Findings of Fact for case 09-019.
Close regular meeting 8z open public hearing:
Erin Whipple, agent, stated most of the cabin sites are already in existence by cabins or were
located there and then destroyed and we're just replacing those. She stated no cabin structures
will be combined and maximum cabin size per cabin is 750 sq. feet. We are not limited by the
Conservation Easement to the number of guests but in any one location no cabin can be more
than 750 sq. feet. She also said 750 sq. feet total also includes the sq. footage of the outhouses
and the decks on each end so the actual living space within the cabins is 648 sq. feet. The
reasoning behind the duplexes is to give people a little more space or privacy.
Close public hearing &r open regular meeting:
Commission discussion.
May 20, 2009 P&tZ Minutes Page 6 of 9
COMMISSIONER WATKINS expressed the problem is with the application of the codes:
Duplexes are not permitted in the Conservation Zone. The parcel will need to be subdivided,
rezoned, and Conditional Use Permits obtained for each parcel. He also stated over the years we
have asked individuals and companies to subdivide or rezone to make their operations meet the
letter of the code as it is currently written and we need to equally, evenly, and fairly administer
the code. Conservation does not allow for duplexes, and legal action has been taken across the
borough against illegal duplexes.
Roll call vote on motion FAILED 3-2. Noes: COMMISSIONERS WATKINS, TORRES,
VICKSTROM. Ayes: CHAIR KING and COMMISSIONER KERSCH.
CHAIR KING reminded the commission that new findings of fact need to be drafted to support
the denial of this request at next month's meeting.
OLD BUSINESS
Case S06-012. Request a review of draft covenants, according to KIBC 16.40.070 and
16.40.080 relating to the creation of a private road to serve Seaview Estates Subdivision,
Lots 1-11 and Tract A.
Cassidy gave a brief staff report and stated staff recommends approval of the proposed private
roads subject to the recommendations of the borough attorney as provided in the memorandum
dated Apri12, 2009.
COMMISSIONER WATKINS asked for clarification on Stephens statement that private the
road as presented meets all the requirements of 16.40.080 as it's written now.
Cassidy stated he can't say that anyone from borough staff has looked at the road to ensure the
grades are met and that will be a condition of approval. That is what we're mostly concerned
about with the private road. Mr. Still was going to dedicate the road but to do that he would
still have to get together with the Engineering &z Facilities folks and make sure the road is
constructed to borough standards. He does know that Engineering ~St Facilities have not gone
out to look at those things. It is unclear if they went to review if it meets the private road
standards. We don't have verification from the Engineering &t Facilities Department.
CHAIR KING stated on the motion it says "as recommended by the borough attorney in the
memorandum dated April 2°a and he couldn't find that memorandum in the packet.
Cassidy said it is not in the packet.
COMMISSIONER TORRES feels this case should be postponed until the borough attorney's
opinion is made available to the commission.
COMMISSIONER TORRES MOVED to postpone Case S06-012 until the June 17`h regular
meeting of the Planning &t Zoning Commission.
Roll call vote on motion CARRIED 5-0.
NEW BUSINESS
A) Parks &r Recreation Committee recommendation of a firm to perform the Kodiak Road
System Trails Master Plan
Cassidy gave a brief staff report on the RFP selection process.
May 20, 2009 P~szZ Minutes Page 7 of 9
CHAIR KING stated that the motion should include "and to forward this recommendation to
the Assembly" but it doesn't.
COMMISSIONER WATKINS MOVED to accept the Parks and Recreation Committee's
recommendation of the firm Alta Planning and Design as the contract firm to perform the
Kodiak Island Borough Road System Trails Master Plan and forward this recommendation to
the Kodiak Island Borough Assembly.
Roll call vote on motion CARRIED 5-0.
COMMUNICATIONS
A) Letter of Courtesy &r Advisory dated February 18, 2009
B) Letter of Courtesy &z Advisory dated February 18, 2009
C) Letter of Courtesy &r Advisory dated February 18, 2009
D) Notice of Finding &r Administrative Determination dated April 3, 2009
Cassidy gave a brief staff report on communications.
COMMISSIONER KERSCH MOVED to accept communications as presented.
Voice vote on motion CARRIED unanimously,
CHAIR KING called a 5 minute recess at 8:55 pm and reconvened the meeting at 9:00 pm.
After the break, Chair King made a motion to reconsider the vote on Case 09-019. Correct
parliamentary procedure should have not allowed Chair King to reconsider since he voted "yes"
in the original motion. The Commission went through the whole reconsideration process and
voted again to grant the conditional use permit. A vote was taken that resulted in the failure of
the motion with the following votes: Roll call vote on motion FAILED 4-1. Noes-
COMMISSIONERS WATKINS, KING, TORRES, AND VICKSTROM. Ayes-COMMISSIONER
KERSCH.
REPORTS
A) Meeting Schedule:
• June 10 2009 work session at 7:30pm in the KIB Conference Room.
• June 17, 2009 regular meeting at 7:30pm in the Assembly Chambers.
B) Minutes of Other Meetings
^ March 10, 2009 Parks &z Recreation Committee Meeting Minutes
^ March 31, 2009 Parks &r Recreation Committee Meeting Minutes
^ April 7, 2009 Parks &z Recreation Committee Meeting Minutes
C) Abbreviated and Final Approvals-Subdivisions
Cassidy gave a brief staff report giving the meeting schedule, Parks &z Rec minutes, and the
Abbreviated and Final Subdivision approvals. Not included is if you are interested in going to
Port Lions on June 11 to attend a Council meeting and not to take any action but to show Port
Lions that the commission is concerned with all the island.
COMMISSIONER TORRES MOVED to accept reports as presented.
Voice vote on motion CARRIED unanimously.
May 20, 2009 P~¢Z Minutes Page 8 of 9
AUDIENCE COMMENTS
Whipple advised the commission to get a clear understanding of the definition of a duplex.
COMMISSIONER'S COMMENTS
COMMISSIONIONER KERSCH stated the Soap Box Derby is in 3 weeks and it would be a
huge help if anyone wants to help with it. If you know any kids between the ages of 9 and 14
that wouldn't normally have the opportunity to participate we have 3 cars left and Kersch will
pay for them to race in this race.
CHAIR KING said Crab Fest started tomorrow so eat well and stop by the booth.
ADJOURNMENT
COMMISSIONER KERSCH MOVED to adjourn May 20, 2009 Planning &r Zoning regular
meeting.
With no objection, the chair adjourns the meeting at 9:22 pm.
KODIAK ISLAND BOROUGH
By: ~ -
Dave King, Chair
ATTEST
By:
S eila Smith, Secretary
APPROVED: June 17, 2009
May 20, 2009 P~stZ Minutes Page 9 of 9