2010-04-21 Regular Meeting ' E 11 V
Kodiak Island Borough
Planning & Zoning Commission � U JUN 1 8 2010
Minutes
LBQRJI Chambers
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April 21, 2010 Assembly Chambers QFFjL
CALL TO ORDER
CHAIR KING called to order the April 21, 2010 regular meeting of the Planning and Zoning
Commission at 7:34 p.m.
ROLL CALL
Commissioners present were Brent Watkins, Casey Janz, Dave King, Bill Kersch, and Alan
Torres.
Community Development staff present were Bud Cassidy, Duane Dvorak, and Sheila Smith.
A quorum was established.
APPROVAL OF AGENDA
COMMISSIONER TORRES MOVED to approve the April 21, 2010 Planning & Zoning agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER TORRES MOVED to approve the March 10, 2010 Special Meeting Minutes,
March 17, 2010 Regular Meeting Minutes, and the March 31, 2010 Special Meeting Minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSL
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Sandra West (P &R) spoke in support of the proposed bike path stating their dream is to go
from White Sands to Bells Flats. Two engineers from DOWL drove the bike path with West
and they will provide an estimate. The Parks & Recreation Committee has put it on their list so
she's asking the commission to give it high priority. The town of Tok has approximately 1, 600
people and they have 15 miles of paved bike paths and West feels it's our turn. There is a lot of
funding out there for non - motorized transportation.
Hans Tschersich (P &R) spoke in support of the proposed bike path stating he has been riding
his bike in Kodiak for 20 years. Kodiak is a great bicycling town. He rides everyday in
sunshine, rain, and on ice, and he is 70 years old. He said you have to make bicycling safe. We
have to ride on the side of the road with big trucks. Tschersich supports the proposed bike
path as a high priority.
Due to the microphone problems Smith read Jim Brisco's comments into the record stating he
represents the Jim & Lorraine Brisco Living Trust and is a Pasagshak property owner. He's in
support of Rick & Leslee Baker. Business in Kodiak is good and a business in Pasagshak is
beneficial to Kodiak because it will bring more visitors to the island and improve the tax
revenue for the borough. It increases exposure to Kodiak. Brisco sees no reason to reconsider.
Mike Milligen spoke in support of the proposed bike path stating the American League of
Wheelemen in the 1800's was the first to lobby for paved roads before cars were even on the
road. It's used by people more than any other form of transportation on a daily basis. Of all the
April 21, 2010 P &Z Minutes Page 1 of 11
forms of transportation a human on a bicycle is the most efficient form of transportation.
Milligen stated in order for bicycles to be effective it has to be safe for children and people that
don't bike every day. He supports bicycles and wants you to support bicycles.
Skip Bolton spoke in support of the proposed bike path stating this is a great opportunity to
take this new collective energy and move it forward to make it happen.
Andy Schroeder, Island Trails Network, is here to support the proposed bike path extension
from the Rendezvous to White Sands. He said Island Trails Network formed an ad hoc
committee to support this cause. We ask for the commission's support to get it on the STIP list
this year as a high priority.
Mike Sirofchuck asked for clarification on if there is testimony on the Reconsideration should
it be given now or wait until it comes up on the agenda or was it inappropriate to accept that
testimony.
CHAIR KING stated the Reconsideration is under Old Business but you can speak on it during
Audience Comments.
Mike Sirofchuck asked that the Bakers simply adhere to the borough code and the intent,
spirit, and the letter of the Pasagshak Comp Plan. When we were working on the Pasagshak
plan a survey was sent out and 81% of the resident's opposed Rural Neighborhood
Commercial zoning and no lodges is what we heard again and again. The consensus then was
that Kalsin Bay was an appropriate place for development of restaurants and so forth. The
Pasagshak Comp Plan was passed in 1999 and was re- affirmed by the Assembly when they
affirmed the borough wide Comp Plan therefore it is the plan in place for Pasagshak.
Sirofchuck said no one is asking the Bakers not to do business or stop anything other than
operating a full service lodge. We ask that they operate a B &B under the provisions of the
code.
Pat Holmes agreed the bike path is a great idea.
jim Van Atta, B &B owner stated he thought it was directed in favor of the Baker's running a
B &B. He feels the B &B definition should say at a minimum include breakfast. The definition as
he interprets it in a lot of cities is at a minimum provides a bed and breakfast and there is no
limit on what you provide beyond that. Van Atta thinks Baker should be allowed to continue.
CHAIR KING stated it's not a public hearing item. The commission will decide whether or not
we will reconsider it under Old Business. If we reconsider it then it will come back as a public
hearing item.
Elaine O'Brien said she's known the Baker's for more than 20 years and she's watched them
build their business in Pasagshak. The Baker's respect the environment, their neighbors, the
land, and its' resources. This is the kind of small business Kodiak should be encouraging. She's
never seen them undergo so much stress, frustration, and anxiety as they have over this issue,
much of what seems to be based on things that are arbitrary and capricious. She urged the
commission to find on behalf of the Bakers.
Judi Kidder stated there is nothing in the borough code that mentions full service lodge. The
definition of a B &B does not state it must only be breakfast and the definition of a lodge
doesn't mention a kitchen, commercial or otherwise. The commission found that all B &B's fit
the definition of a lodge but all lodges don't fit the definition of B &B's and therefore they fit
right into the description of B &B's and as Van Atta stated a lot of B &B's in Alaska provide
more than just a morning meal..
April 21, 2010 P &Z Minutes Page 2 of 11
Jim Rippey stated the codes for B &B's say a morning meal, it doesn't say you cannot have any
other meals. In the area plan there are some underlined sections under the objective that says
pursue a revision of the zoning ordinance that would restrict to 4 the number of overnight
guests allowed to occupy the 2 rooms permitted in a B &B and such as Pasagshak River
Subdivision not supported by public utilities or engineered septic systems. What they are
saying is that he can't have his family and friends out for an evening if there are more than 4 of
them. Two years ago Rippey tried to start the Russian River Road House and went through the
same process. Rippey asked Dvorak why he can't call it a lodge and Dvorak told him it can't be
a lodge but you can call it anything you want, so it's wordage. Rippey has 2 B &B's that are
called lodges in the Flats. This issue with a full service lodge is a real problem here. He's in
favor of the Baker's.
Fred Roberts stated he doesn't see a clear definition between a lodge and B &B. We all know
how unique Pasagshak is and it's not practical for someone to go to a B &B for and drive 8
miles for lunch and evening meals because it won't decrease the activity around there but will
only increase people driving the road. You need to clarify the definitions for B &B's and lodges.
Roberts' idea of a full feature lodge is it has specific activities planned with guides and
everything. Mr. Baker has a boat he uses but that isn't necessarily connected with the lodge.
He doesn't see any adverse impact on providing lunch or dinner.
Mike Brechan stated his concern is how the borough addresses the issue. You could take the
definition of a B &B as far as you have now and someone could buy 3 lots in a row and have
fifteen rooms there on the other side of the bridge. This bothers Brechan because we have no
infrastructure and no way of creating an infrastructure in the borough to maintain the roads
and structures. We built the bridge privately. The issue of what the Baker's do doesn't
particularly affect him but he's concerned on the broader notion of the borough if you don't
clarify and define this where are we going to go from here. The issue this body needs to
address is how we deal with this definitional issue of what's commercial and what is really
rural residential. He's concerned that if you leave the findings of fact the way they are now it
could turn into something that no one wanted and get into really ugly situations because this
borough has no position to be able to either maintain infrastructure or the road on that side of
the bridge. They don't have any mechanism to do it and we have so many absentee land
owners it's not possible to say that you could form a service district. He's disappointed this
discussion has gone under public hearings when it's supposed to be on the end of the issue
and a simple motion for reconsideration.
Rick Baker stated he doesn't plan on buying 3 lots on the other side of the bridge. He doesn't
have a Hilton; he has a B &B and a fish charter. There's an issue with this meal thing but it's
like it's supposed to be meant. It's a minimum of a morning meal and it's meant so the person
who owns it is there. They are trying to say it's a lodge because I line up fishing. People have
to sleep and eat and that's what it boils down to. You did the right job. Let's end this, do not
reconsider.
Smith read into the record Robert Gustafson's (phoned in) statement saying he owns the
Kodiak Russian River Lodge and he supports no action; he supports the Baker's and does not
want to see this opened up again.
PUBLIC HEARINGS
A) Case S10 -006. Request preliminary approval, according to KIBC 16.40 (Preliminary
Plat), of the replat and subdivision of Lots 1A, 2C, and 2D, U.S. Survey 2878 creating Lots
1A -1, 1A -2, and 1A -3, U.S. Survey 2878, and a waiver of subdivision standards under
April 21, 2010 P &Z Minutes Page 3 of 11
KIBC 16.110, to permit the creation of proposed Lot 1A -2 with access only by a 60 foot
wide access easement to be created in lieu of the frontage on a dedicated right -of -way
that would normally be required under KIBC 16.40.050.B.8. The applicant is Roy & Lita
Ecklund Family Trust. The location is 29685, 29683, Chiniak Highway & Lot 2C, U.S.
Survey 2878 and the zoning is C- Conservation.
Cassidy stated this is a modification of an earlier approved proposal in Kalsin Bay. The
difference in this case is that all lots will not be fronted on a public road which is generally the
case when subdividing in Kodiak. The applicant is attempting to acquire access easement from
Leisnoi Native Corporation for access to their land. KIBC 16.110.010 Waiver allows the
commission to relax subdivision standards based on the criteria. Staff is recommending
preliminary approval with a condition of approval.
COMMISSIONER TORRES MOVED to grant preliminary approval, according to KIBC 16.40
(Preliminary Plat), of the replat and subdivision of Lots 1A, 2C, and 2D, U.S. Survey 2878
creating Lots 1A -1, 1A -2, and 1A -3, U.S. Survey 2878, and a waiver of subdivision standards
under KIBC 16.110, to permit the creation of proposed Lot 1A -2 with access only by a 60 foot
wide access easement to be created in lieu of the frontage on a dedicated right -of -way that
would normally be required under KIBC 16.40.050.8.8, subject to one Condition of Approval,
and to adopt the findings in that staff report dated April 2, 2010 as "Findings of Fact" for case
S10 -006.
The public hearing was opened & closed. Testimony was given by Jim Van Atta in support of
the request.
Brief discussion
CONDITIONS OF APPROVAL
1. A recorded, unrestricted access easement of sixty (60) foot width, must accompany the
final plat prior to recording.
FINDINGS OF FACT
1. A waiver from Kodiak Island Borough Code 16.40.040 B is justified in this instance
because the Commission finds that the tract to be subdivided is of such unusual size or
shape or is surrounded by such development or unusual conditions that the strict
application of the requirements contained in these regulations would result in real
difficulties or substantial hardship or injustice.
2. This plat meets the minimum standards of survey accuracy and proper preparation of
plats required in Title 16 of the Borough Code.
3. This plat meets all the requirements of Title 17 of the Borough Code.
4. This plat provides a subdivision of land that is consistent with adopted Borough plans for
this area.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) Case 10 -017. Request a Street Name Change, according to KIBC 12.10 (Changes to
Existing Street Names), to allow the change of a street name on Near Island from Dog
(salmon) Bay Road lo Alimaq Drive. Alimaq (ah- LEE -mock) is the Alutiiq word for Dog
Salmon. The applicant is Koniag, Inc. The general location is on Near Island between the
end of the Fred Zharoff Memorial Bridge and the St. Herman Harbor boat launch ramp
and parking area. The zoning is not applicable.
April 21, 2010 P &Z Minutes Page 4 of 11
Cassidy stated a street name change can be requested by a petition of 50% of the land owners
whose properties border that road. Koniag and landowners along Dog Bay Road have
submitted a petition. There are 16 lots and signatures have been verified and over 50% of the
landowners names are on the petition.
COMMISSIONER WATKINS MOVED to adopt Planning and Zoning Commission Resolution
2010 -02, changing the name from Dog Salmon Bay Road, as reflected on Plat 1993 -27, to
Alimaq Drive, and to adopt the findings of fact contained in the staff memorandum dated
March 17, 2010, as findings of fact for this case.
The public hearing was opened & closed: Testimony was given by Charlie Powers in support
of the request.
Brief discussion
FINDINGS OF FACT
1. This street name change request is supported by a majority of the property owners along
the platted right -of -way of Dog Salmon Bay Road, and the request meets the standards
prescribed in KIBC 12.10.050.A.
2. Dog Salmon Bay Road was originally the name chosen for the right -of -way as a result of a
public "road naming competition" sponsored by the City of Kodiak. The renaming of Dog
Salmon Bay Road to Alimaq Drive is appropriate as a testimonial to our community's
cultural heritage, and, preserves the original context.
3. The proposed street name Alimaq Drive does not duplicate an existing street name and
will not be a source of confusion for any responding public safety (E -911) agencies. No
public safety agencies have indicated any objection to the proposed street name change.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case S09 -006. Request preliminary approval, according to KIBC 16.60 (Vacations)
and KIBC 16.40 (Preliminary Plat), of the vacation of portions of "A" Street right -of -way
in Larsen Bay Townsite, adjoining Lot 1, Block 3 and Lots 2, 3, and 4, Block 2, located
within Tract A, Larsen Bay Townsite, U.S. Survey 4872, and creating Lot 1A, Block 3 and
Lots 2A and 3A, Block 2, Larsen Bay Townsite. The applicant is Uyak Bay Lodge (AKA
Kodiak Legends Lodge). The location is the "A" Street right -of -way generally located
between Lots 1 and 8, Block 3 and Lots 2, 3, and 4, Block 2, Larsen Bay Townsite, U.S.
Survey 4872, as depicted on Plat 69 -3. The zoning is not applicable.
Dvorak stated this case was before you last year when staff recommended denial based on
negative comments from the City of Larsen Bay. Staff proposed an alternative that the case
could be postponed and the petitioners work with the City of Larsen Bay. The petitioner has
returned indicating there's an agreement with the City Council in Larsen Bay to move forward.
The petitioner needs to resolve this issue in order to get zoning compliance in order to make
the Business zone effective by December 4th which was an effective clause of the ordinance
that rezoned their property; otherwise that ordinance will become null and void. The existing
lodge encroaches about 20 feet into the 40 foot Right -Of -Way. This vacation would address
most of the encroachment; but there is a second story deck that would encroach across the
new lines created by this plat. Staff recommends approval subject to 3 Conditions of Approval.
COMMISSIONER TORRES MOVED to grant preliminary approval of a vacation, according to
KIBC 16.60, of a portion of the unconstructed "A" Street right -of -way in Larsen Bay, located
between Lots 2, 3 and 4, Block 2, and Lots 1, Block 3, all located within Tract A, Townsite of
April 21, 2010 P &Z Minutes Page 5 of 11
Larsen Bay, U.S. Survey 4872 as depicted on Plat 69 -3, Kodiak Recording District, subject to
three (3) conditions of approval and to adopt the findings in the staff report dated April 9,
2010 as findings-of -fact for this case.
The public hearing was opened & closed: There was no testimony.
CONDITIONS OF APPROVAL
1. The vacation will be forwarded to the Larsen Bay City Council for review in accordance
with KIBC 16.60.060.A.
2. The subdivider will need to include Lot 4, Block 2 into the vacation and replat process by
fully describing this lot on the plat and providing it with a portion of the vacated right -of-
way as required by code, or, in the alternative, the lot may be dropped and the portion of
right -of -way adjoining Lot 4 will also be dropped from the final plat.
3. The subdivider should revisit the proposed property boundary at the centerline of the "A"
street right -of -way to ensure that no portion of the lodge building will encroach over the
new line. If there is still a residual encroachment over the proposed line, the line should be
adjusted accordingly between proposed lots 1A, Block 3 and 2A, Block 2 in order to
eliminate any residual encroachment.
FINDINGS OF FACT
1. The vacation aspect of plat will require a review by the Larsen Bay City Council prior to
filing the final plat. The city council has the authority to veto a ROW vacation approved by
the KIB Planning & Zoning Commission.
2. The vacation will release land in an unconstructed right -of -way which will not have a
detrimental impact on the ability of the city to provide utility services to other properties
in the same general area.
3. The vacation of the right -of -way will not have a detrimental impact on the legal and
physical access to other properties in the same general area.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) Case 10 -011. Request a review of the FY2011 -2015 Capital Improvement Projects
list and a recommendation to forward to the borough assembly. The applicant is the
Planning & Zoning Commission. The location is borough wide, and the zoning is not
applicable.
Cassidy stated this is your annual submittal of the Capital Projects list to the borough
assembly for their use in developing an overall Capital Projects list that will be sent to the
Legislature, and it directs staff on what grants to apply for. The list is developed from the
ground up, from individuals and different committees of the borough.
COMMISSIONER TORRES MOVED to postpone Case 10 -011 to the regular Planning & Zoning
meeting on May 19, 2010.
The public hearing was opened & closed: Testimony was given by Mike Sirofchuck in support
of the Parks & Recreation Committee CIP List.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
E) Case S10 -007. Request preliminary approval, according to KIBC 16.60 (Vacations)
and KIBC 16.40 (Preliminary Plat), of the vacation of a 20 -foot wide portion of an
unnamed alley way and the replat of Lots 4, 5, and 6, Kodiak Business Park Subdivision,
creating Lots 4A and 6A, Kodiak Business Park Subdivision. The applicant is Crown
April 21, 2010 P &Z Minutes Page 6 of 11
Point LLC. The location is 134, 146, & 158 Dog (salmon) Bay Road and the zoning is B- O
Business.
Cassidy stated this case is 2 issues: one is to replat 3 lots into 2 lots, and the other is a vacation
of the alley behind these lots. The replat is a straight forward action, and the vacation of the
alley has become more complicated with the City of Kodiak wanting to address the vacation
with a larger plat involving all properties that border that alleyway. The applicant has
provided a letter stating he wishes not to have you address the vacation of the alleyway but he
is interested in replatting from 3 lots to 2 lots. Staff recommends approval subject to a
Condition of Approval and Findings of Fact.
COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC 16.40
(Preliminary Plat), of the replat of Lots 4, 5, and 6 Kodiak Business Park Subdivision, creating
Lots 4A and 6A, Kodiak Business Park, with one condition of approval, and to adopt the
findings of fact in the supplemental memorandum dated April 21, 2010 as "Findings of Fact"
for Case S10 -007.
The public hearing was opened & closed: Testimony was given by Charlie Powers in support
of a development plan for Near Island.
Brief discussion
CONDITION OF APPROVAL
1. Resubmit the plat absent the vacation of the unnamed alleyway.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper preparation of CO
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 UNANIMOUSLY
COMMISSIONER KERSCH MOVED to take a 10 minute break.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR KING called a recess at 8:57 and reconvened the meeting at 9:08.
F) Case 10 -010. Request a variance, according to KIBC 17.195.020, to allow a new 22 by
26 foot garage with below grade shop and storage to encroach 12.5 feet into the
required 12.5 foot front yard setback (based on setback averaging per KIBC
17.80.040.A) and a variance to allow an existing nonconforming single - family residence
to be expanded by two additional stories where the structure currently encroaches 3.4
feet into the required 12.5 foot front yard setback (based on setback averaging per
KIBC 17.80.040.A) and a variance to allow an existing encroachment of the dwelling 1.5
feet into the required 5 foot side yard setback (KIBC 17.80.040.B); and, a variance to
allow the proposed garage to encroach 10 feet into the required 40 from centerline
additional setback and the single - family residence to encroach .9 feet into the required
40 foot from centerline additional setback required of all properties along Mission
Road (KIBC 17.155). The applicant is Jay Johnston. The location is 1110 Mission Road
and it is zoned R2 -Two Family Residential.
April 21, 2010 P &Z Minutes Page 7 of 11
Dvorak stated staff missed the mailing required for the variance procedure and as a result it
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has a technical flaw. Staff has provided supplemental memorandum #2 since last week's work
session that summarizes the situation. The recommendation has been changed to
postponement. We've received, a letter from the city indicating they have moderated their
position from their previous letter objecting to the variance into the 40 foot from centerline
setback.
In response to COMMISSIONER TORRES'S inquiry of is the city is saying they are agreeable to
encroaching 5 feet into the setback for the garage, Dvorak stated yes.
In response to COMMISSIONER TORRES'S inquiry of if it's granted can they build the garage,
does that allow for the car deck to be extended the other way, Dvorak stated the 5 feet is on
the petitioner's property, he's not talking about the garage aspect. Parking decks are allowed
over the counter subject to the city's approval.
In response to COMMISSIONER TORRES's inquiry if the new garage can encroach 5 feet into
the easement that's on the petitioner's property, correct, Dvorak stated it's a setback.
In response to COMMISSIONER TORRES's inquiry if they can extend the parking deck that's in
the right of way, to the garage, Dvorak stated the parking deck is allowed in the right of way
and in the setback as long as it's unroofed and unenclosed. The enclosure would not be
allowed to begin until you reach the edge of the setback whether it's the (inaudible) or
whatever you would grant by variance.
COMMISSIONER WATKINS MOVED to postpone Case 10 -010 to a special meeting on May 12th
at 7 p.m. prior to the scheduled work session.
The public hearing was opened & closed: Testimony was given by Jay Johnston in support of
his request.
In response to COMMISSIONER KERSCH'S inquiry of what are the plans for above the
retaining walls, Johnston stated it would have helped if you could have envisioned the
property before he bought it, closer to the house between the house and the furthest retaining
wall toward the street there was a vertical cliff so at least half the property was nonexistent
for use.. There is no intention to have any buildings there, they are just retaining structures to
recapture the land for trees and grass and such.
Discussion
COMMISSIONER WATKINS MOVED TO AMEND the start time for Case 10 -010 to 6:30 p.m. on
May 12th.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY
ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
There was no old business.
NEW BUSINESS
A) Case 10 -013. Request a reconsideration of the KIB Planning and Zoning Commission
decision overturning an administrative determination to issue a Notice of Violation
regarding the use of Lot 10, Block 1, Pasagshak Subdivision for a "full service lodge,
including room accommodations, meals, guiding and transport services ", in accordance
with KIBC 17.215.010.B.3; and claiming that there is newly discovered evidence or that
April 21, 2010 P &Z Minutes Page 8 of 11
there exists a change in circumstances which by due diligence could not have been
•
discovered before the original hearing; and, requesting that Case 10 -013 be
rescheduled for a new appeal hearing in order to address the newly discovered
evidence; and requesting specific relief sought, as indicated in the application for
reconsideration dated March 23, 2010. The applicant is Richard & Nancy Diemer. The
location is 40927 Riverside Drive, Pasagshak and it is zoned RR1 -Rural Residential One.
Cassidy stated the commission rendered a decision on the activities occurring on the Baker lot
and determined they were consistent with the permitted uses of the RR1 zoning district and
adopted an extensive list of findings of fact. The applicants have submitted a petition with
backup information requesting you reconsider your decision.
COMMISSIONER JANZ MOVED to grant a request to reconsider a previously approved motion
in Case 10 -013, a decision overturning an administrative determination to issue a Notice of
Violation regarding the use of Lot 10, Block 1, Pasagshak Subdivision for a "full service lodge,
including room accommodations, meals, guiding and transport services ", in accordance with
KIBC 17.215.010.B.3; based on newly discovered evidence or that there exists a change in
circumstances which by due diligence could not have been discovered before the original
hearing.
ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY
COMMISSIONER WATKINS MOVED to adopt the following as Findings of Fact of this case.
FINDINGS OF FACT
1. After review of the petition and supporting documentation and listening to oral arguments
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of the petitioner, there was no new evidence or change in circumstances that would have
lead the commission to reach a different conclusion on this matter had the information
presented by the applicant been considered at the original hearing and the applicants
packet did not provide any new evidence or change of circumstances which by due
diligence could have been discovered before the original hearing.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSL
B) Review of the Planning & Zoning Bylaws
Cassidy said in your packet is your existing bylaws for your review for changes or
amendments. At the work session you did identify a few changes and those are in red.
In response to CHAIR KING'S inquiry of what is the highlighted info, Smith stated it's the
attachments that go with the bylaws.
In response to COMMISSIONER WATKINS's inquiry of what are the 3 items you had to bring
up, COMMISSIONER TORRES stated the only thing he was talking about was adding the pledge
of allegiance.
COMMUNICATIONS
A) Letter of Courtesy & Advisory re: accumulation of garbage, cast off tenant personal
items, and junk vehicles dated March 12, 2010
Cassidy said this is a letter of Courtesy & Advisory and it's a junkyard on an apartment
complex that we are hoping to address.
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COMMISSIONER KERSCH MOVED to accept communications as presented.
April 21, 2010 P &Z Minutes Page 9 of 11
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
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REPORTS
A) Meeting Schedule
April 28, 2010 Planning & Zoning special meeting at noon in the K18 Assembly Chambers, May
12, 2010 Planning & Zoning work session at 7:30pm in the KIB Conference Room, and May 19,
2010 Planning & Zoning regular meeting at 7:30pm in the Assembly Chambers.
B) Minutes of Other Meetings
February 9, 2010, February 23, 2010, and March 9, 2010 Parks & Recreation Committee
C) Abbreviated and Final Approval — Subdivisions
Cassidy stated you have your meeting schedule, minutes from Parks & Rec, and Abbreviated
and Final Subdivision approvals for 3 subdivision waivers: one on Camp Island, one for the
guard shack, and the last one is the yurt, all in Karluk.
COMMISSIONER WATKINS MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
Judy Kidder stated she's got almost $60,000 in prize money for this year's Salmon Derby. It's a
big tourism push and she's looking for an official endorsement of the infrastructure of Kodiak
for the Salmon Tournament. This is the 4th year now and it's going up and up. The Visitor's
Center has got on board with us now that they've realized what we are trying to do. We'd like •
official endorsement from the Chamber of Commerce. They have indicated they will help us
with running the weigh station. Now that we are a 501C3 we'll be asking the borough for
some of that non - profit funding to help us with our projects. She approached the Leisnoi
Directors about waiving fees and liability for anglers at the Olds and American Rivers for all
ticket holders of the King Salmon Tournament which they granted. At the recent salmon
planning meeting they voted to push the hatcheries to full capacity and start looking at a site
for another hatchery. We have an estimated 1800 Kings returning to the road system this year
and about 3000 next year. We're looking at having a weekend fly fishing tournament as part of
the Salmon Derby next year with corporate sponsorship. This is really taking off and it's good
for Kodiak all the way around.
Woody Koning, Director of Engineering & Facilities stated his disappointment at not having
the findings of fact in support of your denial of our Similar Use Determination on tonight's
agenda. If possible he would like this to be put on the earliest agenda as possible.
COMMISSIONER WATKINS MOVED to add Case 10 -016 for findings of fact to the special
meeting agenda on May 12th.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
COMMISSIONER'S COMMENTS
Brent Watkins said he's sorry we've lost such a community minded person who was a great
resource for the community and Steve Kreber was a really nice guy. The funeral is on
Saturday. He's impressed to see the involvement of all the people in the bike path and the
press for outside money to fund it.
Bill Kersch said he would like to see a plaque placed on Steve's chair.
April 21, 2010 P &Z Minutes Page 10 of 11
Alan Torres said the lack of definitions in our code has never been more present and he's glad
•
that we're almost to the point of where we will start changing them. We have a meeting on
April 28th for the interviews. He's glad to see the process come to the point where we can pick
a firm to start looking at changing some of these codes.
In response to Torres' inquiry of has there been any response from Spruce Manor regarding
the communications item, Cassidy stated he doesn't know and ask Smith if she has seen
anything come through. Smith stated she hasn't seen anything.
Casey Janz said she is thrilled about the bike path idea. She's glad to see the Larsen Bay
property come before the commission and hopes the city is on the same page with them and it
will move forward. She excited about the code rewrite and said it's way past time. Janz will
miss Steve Kreber, he was a friend and partner in these meetings.
Dave King said he kept looking out and seeing Steve.. He'd like to see a scholarship or plaque
in his honor. He gave us and a lot of other people on this island a lot of his time. His funeral is
on Saturday at lla.m. at St. Mary's.
ADJOURNMENT
COMMISSIONER JANZ MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR KING adjourned the meeting at 10 pm.
KODIAK ISLAND BOROUGH •
By: rA „�
Dave King, Chair
ATTEST (((
By: a ct,k Qb
Sheila Smith
APPROVED: May 19, 2010
April 21, 2010 P &Z Minutes Page 11 of 11