2007-11-21 Regular Meetingvt
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KODIAK ISLAND BOROUGH 9 r �' I'� 1, -i' s ric
'iiNTED PLANNING AND ZONING COMMISSION ! , f
ate:!YJ fob;;_ ,n:_ge REGULAR MEETING NOVEMBER 21, 200
MINUTES L
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CALL TO ORDER
APPROVAL OF AGENDA
PUBLIC HEARINGS
October 17, 2007
The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by
CHAIR KING on November 21, 2007 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present Excused Absent Others Present
David King X Bud Cassidy, Director
Gary Carver X Community Development Dept.
Brent Watkins X Sheila Smith, Secretary
Bill Kersch X Community Development Dept.
Casey Janz X
Gary Juenger X
Vacant
A quorum was established.
COMMISSIONER CARVER MOVED TO EXCUSE COMMISSIONER WATKINS. The
motion was SECONDED by COMMISSIONER JANZ, and CARRIED by unanimous voice
vote.
COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was
SECONDED by COMMISSIONER JUENGER, and CARRIED by unanimous voice vote.
APPROVAL OF MINUTES
COMMISSIONER JANZ MOVED TO APPROVE the October 17, 2007 Planning & Zoning
minutes as submitted. COMMISSIONER CARVER SECONDED the motion, and it CARRIED
unanimous voice vote.
A. Case 08 -010. Request a review of nine (9) off - street parking and loading spaces that are not
contiguous with the principal building or use that they serve according to KIBC 17.57.050. The
Commission may permit such parking and loading spaces to be located within six hundred (600)
feet of the principal building or use if it finds that it is impractical to locate the spaces on the
principal lot.
Cassidy stated this case involves the demolition of a two story bunkhouse on Shelikof Street to
be replaced with a covered van loading site. There will be space for 9 vans created along with a
covered loading area and a ramp to allow product or storage to occur there. A forklift would
cross Shelikof Street, drive up a ramp and be able to access the vans. Because this activity is not
on the same lot as the processing plant, the code requires that the commission approve this effort.
Twenty -six public hearing notices were sent out with none returned.
P & Z Commission Meeting Minutes Page 1 of 8
COMMISSIONER CARVER MOVED TO GRANT the construction of nine (9) off - street
parking and loading spaces that are not contiguous with the principal building or use that they
serve according to KIBC 17.57.050, which will be located on Tract A, U.S. Survey 1534, as
indicated on the site plan submitted for this request, subject to conditions of approval contained
in the staff report dated November 2, 2007, and to adopt the findings in said staff report as
"Findings of Fact" for this case.. COMMISSIONER JANZ SECONDED the motion.
Regular session closed:
Public hearing open:
Public hearing closed:
Regular session open:
A brief discussion.
CONDITION OF APPROVAL
1. The parking and loading approval is intended to conform to all materials submitted by the
petitioner in the application received on October 1, 2007. Any change to the layout or
management of the parking so permitted, other than the conditions of approval incorporated
into this approval, will require a new review and public hearing before the Planning and
Zoning Commission.
2. The petitioner is specifically bound by the letter dated October 4, 2007 regarding the
voluntary restrictions to be placed on the use of forklift traffic to transport seafood products
across the street from the ISA processing plant to the proposed van storage facility.
3. The van storage facility is for the sole use of ISA and may not be utilized by any other
seafood processing plant without further review and public hearing before the Planning and
Zoning Commission.
4. The petitioner shall revise the parking plan to show the additional off - street (employee)
parking on the site. This parking shall be re- designed to provide adequate turning and
maneuvering and the spaces will be marked in accordance with the applicable requirements
of KIBC 17.57.
FINDINGS OF FACT
1. It is impractical to accommodate all the needed parking in support of the ISA seafood
processing plant on the shoreline parcel where the processing plant itself is located.
2. Location of loading berths and off - street parking on an upland parcel is consistent with the
applicable policies of the KIB Coastal Management Plan which recommends shoreline
locations for Water Dependent and Water Related uses only.
3. The petitioner has acquired and cleared property across the street from the ISA seafood plant
in order to place vans for storage of seafood product that does not move as fast as other
mainstream seafood products.
4. The proposed van parking spaces and existing off - street parking will be developed to current
parking standards as required by the applicable provisions of KIBC 17.57.
The question was called, and it CARRIED 5 -0.
October 17, 2007
P & Z Commission Meeting Minutes Page 2 of 8
B) Case 08 -012. Request, in accordance with KIBC 12.10.030, to have the Planning and Zoning
Commission initiate, by approval of a commission motion, and consider changing the name of an
existing street from Ocean Drive to Monigold Drive.
Cassidy reported this is a request to change the name of a Borough road from Ocean Drive to
Monigold Drive. Title 12 sets out the procedure to change a name of a "street, avenue, way,
circle, court, drive, lane or similar words designating a dedicated right or way." It can only be
done in two ways: By the commission upon its own motion; or By petition of owners of at least
fifty percent of the lots on that street. Because there is neither a motion of the commission
pending nor a petition of 50% of the owners of lots on Ocean Drive to change the name, Mr.
Wallace is essentially requesting that the commission to initiate a change of name of Ocean
Drive to Monigold Drive. To even move this case forward, the commission must initiate and
must pass a motion initiating the change. Seven public hearing notices were sent out with a
number of them returned asking that the name not be changed. A petition with all homeowners in
the vicinity has been submitted asking that the name not be changed.
COMMISSIONER CARVER MOVED to initiate a name change of Ocean Drive to Monigold
Drive. COMMISSIONER JANZ SECONDED the motion.
Regular session closed:
Public hearing opened:
Christy Malutin, resident of Ocean Drive, phoned in to speak against this request.
Iver Malutin, resident of Ocean Drive, spoke opposing this request.
Janess Burke, Ray Monigold's granddaughter, spoke in favor of this request.
Greg Spalenger, resident of Ocean Drive, spoke opposing this request.
Leroy Wallace phoned to speak in favor of the request.
Carla Schauff, Ray Monigold's granddaughter, spoke in favor of the request.
Public hearing closed:
Regular session opened:
During discussion, the commission was in consensus that with all the public comment submitted
that it would cause undo hardship on the residents if the name was changed.
The question was called on the main motion, and it FAILED 5 -0.
C) Case 08 -013. Request by the Borough Assembly to have the Planning and Zoning
Commission hold a public meeting and take testimony on the proposed installation of an up to 80
foot tower to be used for universal cellular service and emergency warning siren.
Cassidy reported this case, if approved, would put cellular service in Pasagshak -a place that has
no phone service and limited communications. There will be an 80 foot tower located in the KIB
road right -of -way. Staff is viewing this request like requests from other utilities that locate within
the right -of -way. We could normally administer a permit at staff level, but because of the
magnitude of the projects and where it is the Borough Assembly has asked the Commission to
conduct a public hearing to air out the concerns. Staff thinks cellular service has become an
everyday service becoming as common as other phone service. A tsunami siren will also be
placed on the tower. Fifty -eight public hearing notices were sent out. We did rece3ive a letter
from Mike Brechan, Chair of the Pasagshak Bridge Association supporting this request as well as
two others. We also received one email and a letter opposing the request.
COMMISSIONER JANZ MOVED TO RECOMMEND that the Manager issue a ROW permit
directly to Cellular One for a cellular tower and related facilities to be located within the Furin
October 17, 2007
P & Z Commission Meeting Minutes Page 3 of 8
Way right -of -way as indicated in the site plan dated 25 July 2007, based on the following
findings of fact. COMMISSIONER KERSCH SECONDED the motion.
Regular session closed:
Public hearing opened:
Michael Brechan spoke in support of this request.
Iver Malutin spoke regarding the destruction of the berry plants when construction is done.
Dale Heath spoke in favor of this request.
Public hearing closed:
Regular session opened:
During discussion, it was the consensus of the commission that the tsunami siren and cellular
phone use is very much needed in Pasagshak.
CHAIR KING stated the other sites looked at are Omar's property, Pasagshak Pass, and on the
hill.
Mike Brechan stated the residents wanted the tower on top of Pasagshak Point but the cost was
going to be almost a $500,000 to get power and fiber optic to it which Cellular One or anyone
else would go for.
Cassidy stated there is electrical power in the right -of -way so the tsunami siren will be tagged
along with the radio because the signal to the siren will be reflected off of Pasagshak Point to
activate the siren on the tower. The tsunami siren will be on the same tower and will not require
an additional tower.
COMMISSIONER CARVER MOVED TO AMEND the motion to include an additional
Finding of Fact to read "[5] During Construction and operation of the facility disturbance of
natural vegetation is to be kept to a minimum and not extend beyond the right -of- way."
KERSCH expressed concern on the tower being placed on the beach because it is a very
picturesque area.
FINDINGS OF FACT
[1] The Pasagshak community is not currently served by terrestrial based telephone or cable
television utilities and there are no plans pending to extend these services on an all - terrestrial
basis within the foreseeable future.
[2] In order for an emergency warning siren to function in the Pasagshak community it would
likely require some form of terrestrial microwave system originating from Kodiak or an
extra - terrestrial communication such as a satellite based telephone or data system. This
would require a higher initial investment of public capital and a higher year -to -year operation
cost to be undertaken by the Borough in order to maintain the service.
[3] A terrestrial based communication system providing wireless cellular services in Pasagshak
would provide service not only to the local population but also to the many transient
recreationists who visit the area.
[4] The Kodiak Island Borough may, at its discretion, require certain conditions of permit
approval to ensure the Borough is adequately indemnified from risk and to address any
reasonable concerns relating to the potential for negative impacts arising from this
development proposal.
October 17, 2007
P & Z Commission Meeting Minutes Page 4 of 8
[5] During construction and operation of the facility disturbance of natural vegetation is to be
kept to a minimum and not extend beyond the right -of -way.
The question was called on the amended motion, and it CARRIED 5 -0.
The question was called on the main motion, and it CARRIED 5 -0.
D) Case 08 -014. Request, in accordance with KIBC 17.57.050, that the Planning Commission
make a finding that it is impractical to locate all required parking on the lot containing the
principal building or use and that additional parking is acceptable if located on a leased lot
located within 600 feet from the principal building or use.
Cassidy reported that Mr. and Mrs. Quass have purchased a building at the intersection of
Rezanof and Marine — the old Julies Hair Salon. They want to establish a business — a deli. The
lot isn't large enough to provide enough space for parking, and Borough Code allows parking to
occur on another lot if: 1. It is within 600 feet of the business; 2. That a long term easement or
lease be entered into; 3. There is a finding of the Commission that it is practical to do so; 5. Staff
would recommend approval.
COMMISSIONER JUENGER MOVED to acknowledge receipt of the off street parking
agreement between the parties and concur with the administrative finding that the instrument
(lease) and location fulfills the requirements of KIBC 17.57.050. The motion was SECONDED
by COMMISSIONER JANZ.
Regular session closed:
Public hearing opened:
Joanne Quass stated that a new business brought to downtown is very positive for Kodiak.
A brief discussion.
Public hearing closed:
Regular session opened:
The question was called, and it CARRIED 5 -0.
E) Case 08 -015. Request a review and recommendation of the 2008 — 2012 CIP.
Cassidy stated this is an annual process of a list of projects that we send to Juneau and
Washington D.C. We add it to our grant applications. It is a list based on criteria that staff has
developed over the years, and it is ranked on a yearly basis. Cassidy also said that if the
commission isn't satisfied with what is here. If you need more time we can postpone this and
make it part of next year's process. Both the Assembly and the City Council have already sent
lists to the State and the Feds.
COMMISSIONER CARVER MOVED TO POSTPONE consideration of the CIP program to
allow the commission to look at it with respect to submittal for this next legislative session.
COMMISSIONER JANZ SECONDED the motion.
During discussion, the committee was in consensus to work on the CIP List during the next
month, and a special work session will be scheduled at a later date.
The question was called, and it CARRIED 5 -0.
OLD BUSINESS
A) Adoption of the Findings of Fact for Case 08 -008. A Variance, according to KIBC
17.66.020, to allow construction of a main residence .73 feet into the required 25 foot front yard
October 17, 2007
P & Z Commission Meeting Minutes Page 5 of 8
setback according to KIBC 17.19.040(A), a variance from KIBC 17.40.020(A)(2) allowing the
projection of a roof eave 1.5 feet beyond the allowable 3 foot projection into front yard setback
requirements and a variance from KIBC 17.40.020(A)(2) allowing the projection of a roof eave
.08 feet beyond the allowable 2 foot projection into side yard setbacks.
COMMISSIONER JANZ MOVED TO APPROVE the findings of fact for Case 08 -008 based
on findings of fact found in the November 15, 2007 memo to the commission from staff.
COMMISSIONER JUENGER SECONDED the motion.
Cassidy reported this is the case that the commission granted a variance on and postponed the
findings of fact until this meeting. You will find in the packet a memo that was drafted based on
commissioner comments at the last meeting that contains the findings of fact.
The commission was in agreement with the Findings of Fact.
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 characterized by steep sloping terrain falling away from Larch Street towards the lake.
The contractor stated that there is 28 foot of fall from the road to the lakes edge. The topography
found on this lot is typical of other lots found within the R -2 Two Family Residential Zoning
District in this neighborhood. This steep topography has historically caused issues with flooding
of the basement or crawl spaces in the neighborhood. This variance will allow the owner to
improve this property which is beneficial to the neighborhood and all parties affected.
17.66.050 A.2.Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
Strict application of the zoning ordinances, as currently applied, would relieve the property of the
25 -foot minimum setback requirement in the R -2 Two Family Residential Zoning District.
Based upon the zoning compliance application submitted for this site, it did not appear at the
outset of construction that the strict application of the zoning ordinance would result in practical
difficulties or unnecessary hardships. However, after further surveying, it became apparent that
the strict application of the zoning ordinances would, in fact result in practical difficulties
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. On the contrary, the work that is
being done will improve these conditions, both with the removal of standing water and the newly
created off street parking for this dwelling.
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.5.That actions of the applicant did not cause special conditions or financial
hardship from which relief is being sought by the variance.
October 17, 2007
P & Z Commission Meeting Minutes Page 6 of 8
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The variance being requested is due to a lack of clarification between the surveyor that performed
the survey of the adjacent property as well as the survey for the property requesting the variance
and the contractor. It was not an intentional action by the owner which led to this need for a
variance, nor a construction error, but an error in information provided by the survey.
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.
The question was called, and it CARRIED 5 -0.
NEW BUSINESS
There is no new business
COMMUNICATIONS
A) Notice of Violation to Mr. Ron Brockman from Martin Lydick dated October 30, 2007
B) Notice of Violation to Mr. Byron Pierce from Martin Lydick dated October 30, 2007
COMMISSIONER CARVER MOVED TO ACCEPT communications as submitted.
COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote.
REPORTS
A) Kodiak Island Borough 2005 Gravel Task Force Final Report and Recommendation
Cassidy reported the Gravel Task Force was created: to provide for the long term availability of
sand and gravel resources and for the development of Kodiak for the foreseeable future; compile
an inventory existing sources; describe the communities use and need for various types of rock,
sand, and gravel and project it for 30 years; recommend policies for orderly development and
long term availability of gravel. Gravel is a basic building block for community development. It
is used in concrete, asphalt, lot development, road development, etc. We use about 200,000 cubic
yards annually. He stated there appears to be sufficient amount of rock on the road system to
meet the demand, and that acquisition of the Coast Guard Tract adjacent to the Rodeo grounds be
pursued as an alternative source of gravel. More importantly are the charges that did not address
and suggested the P &Z tackle: develop site monitoring and code enforcement policy /procedures;
develop standardized site development operation standards; and recommend site closure and
reclamation standards.
During discussion, the committee was in consensus that the codes and policies do need to be
looked at closely.
The commission thanked the Gravel Task Force, Martin Lydick, and Gary Carver for all their
hard work.
COMMISSIONER CARVER MOVED to acknowledge receipt of reports. The motion was
SECONDED by COMMISSIONER JANZ.
COMMISSIONER CARVER MOVED TO AMEND the motion to include forward the Gravel
Task Force Final Report to the Assembly. The motion was SECONDED by COMMISSIONER
JANZ, and it CARRIED by unanimous voice vote.
The main motion CARRIED by unanimous voice vote.
October 17, 2007
P & Z Commission Meeting Minutes Page 7 of 8
B) Meeting schedule:
• December 12, 2007 work session at 7:30 p.m. in the KIB Conference Room
• December 19, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers
COMMISSIONER KERSCH MOVED TO ACCEPT reports as submitted. COMMISSIONER
JANZ SECONDED the motion, and it CARRIED by unanimous voice vote.
COMMISSIONER JUENGER stated he will be out of town on December 19
AUDIENCE COMMENTS
COMMISSIONER COMMENTS
COMMISSIONER JANZ stated the possibility of looking at the policy for changing names of
roads already established was requested at the last work session and she feels it is reasonable to
look at. She also stated she will miss the expertise of Gary Carver and wished him luck.
COMMISSIONER KERSCH stated it was a pleasure working with Gary Carver and he is very
sad to see him go.
COMMISSIONER JUENGER stated he regrets Gary Carver leaving but is excited about
Carver's future undertakings.
COMMISSIONER CARVER stated there is great reluctance leaving the commission but he feels
it's in the best interest of the commission and Borough. He thanked the Community
Development Department. He said it's been a great education and a very rewarding experience in
large part of the expertise and hard work of the department.
Bud Cassidy presented COMMISSIONER CARVER with a Certificate of Appreciation signed
by the Mayor thanking him for his five years of outstanding service.
ADJOURNMENT
COMMISSIONER CARVER MOVED TO ADJOURN. COMMISSIONER KERSCH
SECONDED the motion, and it CARRIED by unanimous voice vote.
CHAIR KING ADJOURNED the regular meeting at 8:55 p.m.
ATTEST
BY: 1 C.A9m 'S tan tC
Sheila Smith, Secretary
Community Development Department
DATE APPROVED: December 19, 2007
October 17, 2007
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
Bv:
e
Dave King, Chair
P & Z Commission Meeting Minutes Page 8 of 8