2009-07-15 Regular meeting KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
SEP 1 0 2009
Minutes
July 15, 2009 Asse hiy Chambers
CALL TO ORDER
CHAIR KING called to order the July 15, 2009 regular meeting of the Planning and Zoning
Commission at 7:32 p.m.
ROLL CALL
Present were Commissioners Brent Watkins, Casey Janz, Dave King, Alan Torres, Bill Kersch,
and Lori Ryser. Staff members present were Community Development Associate Planner Duane
Dvorak, and Community Development Secretary Sheila Smith.
COMMISSIONER WATKINS MOVED to excuse COMMISSIONER VICKSTROM.
Voice vote on motion CARRIED 6 -0.
APPROVAL OF AGENDA
COMMISSIONER JANZ MOVED to approve the July 15, 2009 Planning & Zoning agenda.
Voice vote on motion CARRIED 6 -0.
APPROVAL OF MINUTES
COMMISSIONER TORRES MOVED to approve the June 17, 2009 Planning & Zoning Regular
Meeting Minutes.
Voice vote on motion CARRIED 6 -0.
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments and appearance requests.
PUBLIC HEARINGS
A) Case S09 -020. Request preliminary approval, according to KIBC, of the subdivision of a
portion of U.S. Survey 2538A creating Tracts A & B, U.S. Survey 2538 and dedicating an
additional 20' of right -of -way for Hillside Street.
Dvorak gave a staff report stating the applicant has requested postponement until the August
regular meeting.
COMMISSIONER TORRES MOVED to postpone Case S09 -020 until the August 19, 2009
Planning & Zoning regular meeting.
The public hearing was opened & closed. There were no public comments.
Commission discussion
Roll call vote on motion CARRIED 6 -0.
B) Case 09 -020. Request a rezone, according to KIBC 17.72.030 and 17.72.030.C, of the
proposed Tracts A & B, U.S. Survey 2538A, from C- Conservation to R1- Single Family.
(Related to Case S09 -020)
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Dvorak gave a staff report stating this case is related to the previous case and the applicant has
requested postponement until the August 19, 2009 Planning & Zoning regular meeting.
COMMISSIONER WATKINS MOVED to postpone Case 09 -020 until the August 19, 2009
Planning & Zoning regular meeting.
The public hearing was opened & closed. There were no public comments.
Roll call vote on motion CARRIED 6 -0.
C) Case S09 -021. Request a vacation, according to KIBC 16.60, of a portion of a 10 foot
wide utility easement over Lot 1A, U.S. Survey 3466 (originally created by Plat 80 -22) and
the vacation of a portion of a driveway and utility easement located over a portion of the
same lot.
Dvorak reported 15 public hearing notices were sent out with no comments returned. Staff
recommends approval of this request and forward to the Assembly.
COMMISSIONER JANZ MOVED to grant approval, according to KIBC 16.60, of the vacation of
a 10 foot wide utility easement on Lot 1A, U.S. Survey 3466, and to vacate a portion of a driveway
and utility easement on the same lot, subject to a condition of approval requiring the review of
said vacations by the Kodiak Island Borough Assembly.
The public hearing was opened. Robert Berg spoke in favor of his request. The public hearing
was closed.
Commission discussion.
CONDITION OF APPROVAL
1. The vacation shall be reviewed and approved by the Assembly prior to the granting of final
plat approval.
Roll call vote on motion CARRIED 6 -0.
COMMISSIONER JANZ MOVED to grant preliminary approval according to KIBC 16.40, of a
replat depicting the vacation of a 10 foot wide utility easement and a portion of a driveway and
utility easement located on Lot 1A, U.S. Survey 3466.
The public hearing was opened & closed. There were no public comments.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey 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 motion CARRIED 6 -0.
D) Case 09 -021. Request a Conditional Use Permit, according to KIBC 17.25.030,
17.75.030.0 and 17.200.020, to allow a Bed And Breakfast (B&B) with a maximum of five
(5) off - street parking spaces and a breezeway connection between the main structure and
an existing detached accessory building.
Dvorak reported seventeen public hearing notices were sent out with 1 response returned
opposing this request, and staff recommends approval of this conditional use request with
appropriate stipulations.
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In response to COMMISSIONER KERSCH inquiring if the A -frame lodge is Peterson's and
where does Carlson live in relation to the Foxtail Lodge. Dvorak stated it is the A frame and
Carlson lives at the other end of town.
In response to COMMISSIONER TORRES' inquiry of is Carlson representing the City Council
Dvorak said he believes it's a personal response; if it was from the city we would expect it to
come from the mayor or City Council.
COMMISSIONER TORRES MOVED to grant a conditional use permit (CUP), according to
KIBC 17.25.030, 17.75.030(C) and 17.200.020 (Conditional Use Permits), to allow a Bed and
Breakfast (B&B) with a maximum of five (5) guest rooms to be rented out, an additional three
(3) off - street parking spaces and a breezeway connection between the main structure and an
existing detached accessory building., subject to the stipulations contained in the staff report
dated May 6, 2009, and to adopt the findings therein as Findings of Fact for case 09 -021.
The public hearing was opened & closed. There were no public comments.
During discussion, the commission was in agreement that mostly favorable comments were
received towards this lodge with no negative comments regarding health and safety when in we
were in Larsen Bay.
STIPULATIONS
1. The property owners shall comply with all representations offered in the letter dated June 1,
2009 and which was submitted with the application for this CUP.
2. The property owners shall comply with the site plan dated July 2, 2009 that was submitted
in support of the application for CUP.
3. Any substantial change or alteration in the use, operation or structural development on Lot
4, Blk 19, Larsen Bay Townsite shall require a new CUP application and review by the
Planning and Zoning Commission prior to the implementation of any such proposed change
or alteration.
4. The property owners shall obtain and submit evidence of compliance with the local City of
Larsen Bay transient accommodation tax and business license requirements prior to
obtaining a zoning compliance permit for the change of use and the covered breezeway
addition to connect the existing accessory building.
FINDINGS OF FACT
1. That the conditional use will preserve the value spirit character and integrity of the
surrounding area.
The "B&B" has already been in operation for years as an unpermitted lodge and although
there may have been comments from the community during the recent rezone review, there
are no other documented complaints pertaining to this property on file currently. If the
Commission becomes aware of any concerns by adjoining property owners about noise, dust
or traffic, it may consider the requirement of screening improvements between this property
and other adjoining residential properties. Because the intent of the approval is to bind the
property use and structures to the offered conditions of the application packet, it is believed
that this will ensure the use should continue at the existing level which has not shown to be
incompatible with the neighborhood based on borough records for the area.
2. That the conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question.
The requested Conditional Use is a listed conditional use in the R1- Single - family Residential
zoning district and the Planning & Zoning Commission has exercised appropriate over-
sight through this review process and public hearing. The Commission may require
July 15, 2009 P&Z Minutes Page 3 of 5
evidence of successful coordination between the property owner and the City of Larsen Bay
regarding the appropriate collection of transient accommodation taxes.
3. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort.
The Commission believes that by binding this approval to the terms and conditions offered
in the application materials that the use may continue as currently operated subject to a new
public hearing CUP review for any changes to uses or structures that may arise in the future.
The Commission will only require stipulations for screening or fencing as the input gained
through the public hearing process dictates.
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 subject lands well exceed the zoning district's minimal size requirement of 7,200 square
feet. Because of the large lot size and width, no additional surveys or as -built surveys need
be required beyond the site plans submitted. A copy of a recent aerial photo for the area
appears to validate the site plan submittal.
5. The proposed use or structure is located in a manner which will maximize public
benefits.
As a private development this finding is not applicable to the case.
Roll call vote on motion CARRIED 6 -0.
OLD BUSINESS
There was no old business.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
There were no communications.
REPORTS
A. Meeting Schedule:
• August 12, 2009 work session at 7:30pm in the KIB Conference Room.
• August 19, 2009 regular meeting at 7:30pm in the Assembly Chambers.
B. Minutes of Other Meetings
• May 26, 2009 Parks & Recreation Committee Meeting Minutes
• June 9, 2009 Parks & Recreation Committee Meeting Minutes
Dvorak reported on the meeting schedule and Parks & Recreation minutes.
COMMISSIONER TORRES MOVED to accept reports as presented.
Voice vote on motion CARRIED unanimously.
AUDIENCE COMMENTS
There were no audience comments.
COMMISSIONER'S COMMENTS
COMMISSIONER JANZ stated she's glad Steve is back to broadcasting the meeting. Janz also
said I attended the Parks & Rec meeting and had a good discussion on Mill Bay Beach which
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they are working on coming up with some rules. We are looking forward to moving forward on
the Trails Plan. Janz also welcomed the new commissioner, Lori Ryser.
COMMISSIONER KERSCH said there are 2 Soap Box Derby champions, Madison Kersch and
Nicholas Medina, who will represent Kodiak and compete in the Soap Box Derby in Akron,
Ohio next week. Kersch also requested to be excused from the August meetings due to taking
his daughter to Germany to be an exchange student. He also welcomed Ryser to the
commission.
COMMISSIONER RYSER thanked everyone for the opportunity to be on the commission and
looks forward to more meetings.
COMMISSIONER WATKINS welcomed Ryser to the commission.
COMMISSIONER TORRES asked Janz if Parks & Rec was talking in reference to the fireworks
1 at Mill Bay Beach.
COMMISSIONER JANZ said that and the garbage, vandalism, and tree cutting in the area
which they are going to explore a set of rules for all the borough parks. There are also issues
with people parking in the boat ramp area.
Dvorak stated there was a lot of discussion about the vandalism, picnic tables that ends up as
firewood or destroyed, tree cutting, glass bottles being broken on the beach, and the need for
maintenance and garbage cans being made available, but it was mostly about people's behavior.
CHAIR KING said the Parks & Rec thing is a sore subject with me. King said I live across the
street from a borough park and the borough has not mowed the grass once in 6 years, the picnic
tables have been rebuilt by me, the fire pit has been cleaned out by me so if we are going to pass
rules the borough needs to step up and start taking care of their parks. If they were taken better
care of the wouldn't be vandalized nearly as much. I will be gone for the August meetings from
August 10` - 31st.
ADJOURNMENT
COMMISSIONER TORRES MOVED to adjourn.
CHAIR KING adjourned the meeting at 8: 26 p.m.
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KODIAK ISLAND BOROUGH
PLAN G &z ZONING CO SIGN
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Dave King, Chair/
ATTEST
By: � jpi Qcx r l
Sheila Smith, Secretary
Approved: August 19, 2009
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