2011-02-16 Regular Meeting fir, ° ! r
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KODIAK ISLAND BOROUGH 1;
PLANNING & ZONING COMMISSION MAR 2 1 2011 0 1
MINUTES
February 16, 2011 I Ass'e'mbly Chamber`s O UFr�I(.E
CALL TO ORDER
CHAIR TORRES called to order the February 16, 2011 regular meeting of the Planning and Zoning
Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES led the pledge of allegiance
ROLL CALL
Jay Baldwin requested to be excused. He's taking his daughter to Anchorage for medical.
Commissioners present were Dave King, Brent Watkins, Casey Janz, Bill Kersch, and Alan Schmitt.
Excused was Jay Baldwin.
Community Development Department staff present was Bud Cassidy and Sheila Smith.
COMMISSIONER JANZ MOVED to excuse Jay Baldwin for personal reasons.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER JANZ MOVED to approve the February 16, 2011 Planning & Zoning Commission
agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER WATKINS MOVED to approve the January 19, 2011 Planning & Zoning Commission
minutes.
VOICE VOTE ON MOTION UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were none.
PUBLIC HEARINGS
A) Case 11 -016. Request a Conditional Use Permit, according to KIBC 17.50.040.H, to allow an
existing municipal water treatment facility located on an unsubdivided portion of C-
Conservation zoned land near the intersection of Pillar Mountain Road the Upper Reservoir
Access Road and;
To permit a new 38 by 48 foot Ultra- Violet Water Treatment Facility (two stories) as part of the
complex developed at this location and to allow over the counter review of future municipal
water treatment facility improvements. The applicant is the City of Kodiak and the agent is
Mark Kozak, Public Works Director. The location is 909 Pillar Mountain Road and it is zoned C-
Conservation.
Cassidy reported this project will remove an existing building to construct a two story structure to
house a new UV treatment for the community's public water system. The EPA regulations require UV
treatment as well as another secondary treatment method for the community's drinking water. The
CUP is for this facility and will also involve all the water treatment structures that currently exist or
proposed, and we're advocating that when any other water treatment oriented need is to be erected in
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that location that they can do so administratively. Staff recommends approval of this request subject to
Stipulations and Findings of Fact.
COMMISSIONER JANZ requested clarification that if any necessary future development that is handled
administratively is there a process for any public concern, Cassidy stated the CUP will cover any future
water treatment kinds of things and if there is public concern they can go to the City Council to express
their concerns.
In response to CHAIR TORRES'S inquiry of does this apply to any of the watershed sites, Cassidy
replied we are restricting it to the 7,9 acre site that we've identified in the map.
COMMISSIONER WATKINS MOVED to grant approval of a Conditional Use Permit, according to KIBC
17.200 (Conditional Use Permits) and KIBC 17.50.040.H, to allow an existing water treatment facility
located on an unsubdivided portion of Tract B, U.S. Survey 2538A, and located in the C- Conservation
zoning district near the intersection of Pillar Mountain Road and the Upper Reservoir Access Road,
and;
To grant approval of a Conditional Use Permit for a new 38 by 48 foot Ultra - Violet Water Treatment
Facility (two stories) as part of the complex developed at this location and to allow over - the - counter
review of future municipal water treatment facility improvements, and;
To adopt the Stipulations of Approval and CUP Standards Findings of Fact found in the staff report
dated January 13, 2011 as Findings of Fact for this case.
The public hearing was opened & closed: There was no public testimony.
STIPULATIONS OF APPROVAL
1. Future modifications or development of the site for water treatment purposes shall be reviewed
for zoning compliance permits as a "permitted principal use" on the basis of this CUP approval.
2. Spruce trees will be preserved and encouraged in the area between the fence and Pillar Mtn. Road
as a means to buffer the long term visual and noise impacts expected from this site in the long
term.
CUP STANDARDS FINDINGS OF FACT
A. That the conditional use will preserve the value, spirit, character and integrity of the
surrounding area.
The existing and proposed water treatment facilities will preserve the value, spirit, character and
integrity of the surrounding area. This water treatment has been in operation at this site since the
1960's however the site was substantially expanded in 1994 with the development of new buildings
and the two large Chlorine Contact Tanks. Since that time staff has documented no comments or
complaints regarding this facility. It may also be worth mentioning that this system is essential
infrastructure supporting the municipal water service to the property owners in the City of Kodiak and
its immediate surroundings. In addition the treated water from this facility is essential to the success
of the local fish processing industry upon which the community depends.
B. That the conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question.
Tract B, U.S. Survey 2538A is over 150 acres in area. The facilities will be located at least 25 feet away
from the property boundaries and there are not anadromous or marine waters that would require
additional setbacks. The C- Conservation zoning allows for all manner of utility facilities and
installations.
C. That granting the conditional use permit will not be harmful to the public health, safety,
convenience and comfort.
As noted above in standard "A ", the water treatment facility is an essential piece of the total water
system infrastructure upon which many residential and commercial users rely in this community. The
existing water treatment facility and the new dual - treatment facility will continue to allow the
community to enjoy the "water filtration avoidance" granted by EPA which has served the community
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well in the past given that our surface water based system is typically much cleaner and healthier than
similar systems in the Lower 48. Surface water systems in the Lower 48 are more vulnerable to
contamination and therefore typically require a higher level of treatment before they are considered
acceptable for public distribution. As a result, EPA regulations reflect this reality as the lowest
common denominator for all surface water systems regardless of the quality of the original water
source.
Although not a requirement of the C- Conservation zoning district, the only obvious impact from this
development may the visual impact to nearby residential. This is not something typically regulated in
the C- Conservation zone and because the water treatment system enjoys the high ground, it is unlikely
that any conventional screening will make any difference. Only the encouragement of native Spruce
Trees in front of the existing security fence would provide any substantial screening (in the future) and
perhaps help to muffle any incidental noise from outdoor activities on the water treatment site.
D. That 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.
Based upon the submitted site plan, it appears that adequate setbacks, lot area and other safeguards
will be provided. As indicated in standard "C" above, little can be done to screen the large Chlorine
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Contact Tanks or the proposed new UV treatment building.
E. If the permit is for a public use or structure, the commission must find that the proposed
use or structure is located in a manner which will maximize public benefits.
The location of the water treatment facility is located strategically between the Upper Reservoir and at
an elevation on the lower reaches of Pillar Mountain in order to provide sufficient water pressure to
serve the bulk of the community with treated water through a gravity fed water system. This saves the
community money from having to supplement the system with excessive pump capacity, reduced the
overall electrical consumption needed to operate the system and helps the community insurance
rating by providing sufficient pressure at fire hydrants to meet adopted fire code and insurance
industry requirements.
ROLL CALL VOTE ON MOTION CARRIED 6 -
B) Case 11 -017. Request a Rezone, according to KIBC 17.205, 17.70, and 17.50, to investigate
the rezone of a portion of Section 28, Township 29 South and Range 20 West, Seward Meridian,
Lawn C- Conservation 54 RR1 -Rural Residential One, for a parcel of land 1.42 acres in area,
located between the Chiniak Road right -of -way and an adjoining portion of U.S. Survey 2735
(the Old Rendezvous site), so that the two parcels may be joined by subdivision action as a
condition of preliminary plat approval. The applicant is Leisnoi, Inc. and the agent is Carol
Pagano. The location is along the Chiniak Highway near the south shore of Middle Bay and it is
zoned C- Conservation.
Cassidy stated this is a rezone of a parcel from Conservation to RR1 which Leisnoi Corporation owns
and have been working with the adjacent neighbor, Jay Johnston and Stephanie Love, to sell them a
piece of property that will provide access to the Chiniak Highway. Because the private land owned by
the applicant is zoned RR1 and the parcel they're interested in is zoned Conservation the applicant's
request is to rezone the Conservation parcel to provide for a single RR1 parcel. Earlier an abbreviated
plat to combine these parcels was preliminarily approved subject to your rezoning action tonight. The
rezone would prevent split lot zoning and allow a less than 5 acre parcel to exist in the Conservation
district. Staff's review of the Comp Plan shows this area is recommended to be Conservation or a 5 acre
minimum therefore staff recommends denial for RR1 because of the potential for subdividing into 1
acre lots in an area that recommends 5 acres. Staff recommends that RR2 could be more fitting, even
though it doesn't meet the 5 acre minimum but it brings the existing 1 acre lot closer to the 5 acre
minimum, it also doesn't increase the number of lots, but allows for legal access onto the Chiniak
Highway. Staff recommends the commission deny the applicant's request to rezone the combined lot
to RR1 and recommend the commission move to investigate a rezone of the combined lots to RR2 at a
future meeting.
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In response to COMMISSIONER WATKINS'S inquiry of whether staff has talked to the owners of the old
Rendezvous site, Cassidy stated that is the applicant's home.
COMMISSIONER SCHMITT MOVED to recommend a rezone from C- Conservation SQ RR1 -Rural
Residential One for a portion of Section 28, T29S, R20W, Seward Meridian, a 1.4 acre parcel located
next to a Portion of U.S. Survey 2735 formerly known as the Old Rendezvous site, and to forward the
case to the Borough Assembly with a recommendation for approval.
The public hearing was opened. Public testimony was given by:
Sara Thayer spoke in opposition stating the minimum lot size for Conservation is 5 acres and the land
is not for access purposes because they already have a 60 foot wide access easement that was
purchased from Leisnoi in 1993. She said part of the land that Mr. Johnston wants to buy will block a
future secondary access to her property. She feels the land should he maintained as Conservation.
Jay Johnston spoke in favor stating he started this process in 1993 when they first bought the Old
Rendezvous and was fortunate to get an easement so they would have access to facilitate the sale.
Since then they have been trying to purchase this piece of property from Leisnoi. He said any of the
parcels out there could be subdivided into 5 acre lots which would create a lot of density. He said he
has no intentions of subdividing to make another lot, and he does not want RR2 zoning.
Todd Hiner spoke in opposition stating he owns 3 parcels in Middle Bay and each one is over 5 acres,
and he purchased the land with the intent to use for agricultural purposes. He said the code says a
parcel cannot be sold under 5 acres, and he feels staff's recommendations are wrong. The Conservation
zone is to be used under the Conservation purposes. Hiner suggested they combine the 2 lots and zone
as Conservation.
COMMISSIONER WATKINS called a Point of Order and stated he has done work for Clarion and he
didn't realize this was Johnston's case. He declared a conflict of interest. WATKINS left the dais and
excused himself to the Assembly conference room.
Marilyn Gilmet spoke in opposition stating her and her husband started Faith Farms in 1995 and is 1
of 7 families that have maintained an unbroken agricultural stewardship of agricultural land for over
80 years in Middle Bay. She said the parcels in question are too close to the mountains to have
adequate sunlight for greenhouses or other agricultural purposes. The 1.42 acres is too small and the
subsurface is gravel which is inadequate for agriculture. With the agriculture being banned on the west
side we have very few places on this side of the island to farm. RR1 and RR2 are anti - agricultural
zoning regulations. Please keep it Conservation.
Marie Rice spoke in opposition stating she came to Kodiak in 1962 when agriculture was at its peak.
Her and her husband bought a ranch at Kalsin Bay, then the Henley Ranch, and then later Joe Zentner's
cattle and lease in Pasagshak. Agriculture has diminished with the native land selections that had a big
effect on availability of lands. She's on the Soil & Water Conservation Board and they've been talking
about coming to the borough to see if potential agricultural areas can be identified. Rice also stated she
served on the Womens Bay and Chiniak Comprehensive Plan meetings and she knows the feelings on
having a lack of dense population. Rice commented on COMMISSIONER JANZ' comment about keeping
this Conservation with a Variance if that will keep the element for the whole area.
Barbara Zimmerman spoke in opposition stating she came to the island in 1949. She has an agriculture
history also. She said Kodiak is starting to have more interest in agriculture. She's worked with 4 H for
the last 33 years and the last summer we took kids to see animals in Middle Bay, Kalsin Bay, and
Pasagshak. Once we start setting precedence she can see land being chopped up and she'd like to see
the agriculture idea preserved.
The regular meeting was opened.
Commission discussion regarding the Comp Plan, the Conservation zoning district, the Leisnoi parcel
being less than 5 acres, split zoning, the Old Rendezvous being Business zoned, and Mr. Johnston's
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statement of not being interested in RR2 zoning.
In response to COMMISSIONER KING'S inquiry of what are the Johnston's waiting on to do, Cassidy
replied they have an abbreviated plat that is preliminarily approved subject to your approval of the
zoning district. If you don't approve the zoning district then the plat is void.
In response to COMMISSIONER KING'S inquiry of is this plat combining the 2 lots into 1, Cassidy stated
yes.
ROLL CALL VOTE ON MOTION FAILED 6 - 0.
COMMISSIONER SCHMITT MOVED to adopt the following findings as "Findings of Fact" for this case
supporting the denial of the original rezone request.
FINDINGS OF FACT
A. Findings as to need and justification for a change or amendments.
The rezone is needed to consolidate the zoning of two separate parcels that are proposed to be joined
by plat. With the borough's new GIS system it is problematic to try and depict multiple zones on one
lot where there are no property boundaries to measure from. It is also bad policy to allow lots with
multiple zoning districts. That said, the acquisition of the C- Conservation zoned land between the
Portion of U.S. Survey 2735 (the Old Rendezvous site) moves towards conformity with the character of
the area in the sense that the lot size will more than double to 2.4 acres and the lot will have frontage
on the Chiniak Highway.
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan.
The proposed replat that served as the catalyst for this case moves towards conformity with the
overall character of the area and with the comprehensive plan designation for
Conservation/ Residential. Only the potential that RR1 -Rural Residential One zoning would allow a
further subdivision in the future down to 40,000 square foot minimum lot size poses any reservation
about approving the rezone as presented. Assuming that there were no variances involved the
property as zoned RR1 could be subdivided into at least two new parcels at some future time.
C. Recommendations as to the approval or disapproval of the change or amendment.
The commission recommends denial of this rezone.
ROLL CALL VOTE ON MOTION CARRIED 5
COMMISSIONER SCHMITT MOVED to expand the scope of investigation for Case 11 -017 by including
the abutting 1.15 acre portion of U.S. Survey 2735, currently zoned RR1, and consider the rezoning of
that parcel to RR2 in addition to the rezoning of the subject parcel in this case described as an
unsurveyed and unsubdivided portion of Section 28, T29S, R2OW, Seward Meridian, a 1.4 acre parcel,
from C- Conservation to RR2 - Rurual Residential Two and to schedule this case for a new public hearing
on the expanded and revised request for the March 2011 regular commission meeting.
ROLL CALL VOTE ON MOTION FAILED 2 -3 DUE TO A LACK OF QUORUM. The noes were
Commissioners King and Janz. The ayes were Commissioners Kersch, Torres, and Schmitt.
C) Case 11 -018. Request a Variance, according to KIBC 17.195 and K1BC 17.80.040.A, to allow
for an encroachment of the principal dwelling structure a maximum of .3 feet (approximately
3.6 inches) into the required 25 -foot front yard setback in the R2- Two - family Residential
zoning district. The applicant is Robert Smith. The location is 3264 Balika Lane #A and the
zoning is R2 -Two Family Residential.
Cassidy reported the applicant's home is 3.6 inches inside the 25 foot front yard setback. As noted on
the asbuilt survey this only includes 1 portion of 1 corner of the building. Staff recommends a Variance
be granted so in the future the homeowner can sell the property without an issue being generated.
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COMMISSIONER SCHMITT MOVED to grant a Variance, according to KIBC 17.195 and KIBC
17.80.040.A, to allow for an encroachment of the principal dwelling structure a maximum of .3 feet
(approximately 3.6 inches) into the required 25 -foot front yard setback in the R2- Two - family
Residential zoning district, and to adopt findings contained in the staff report dated February 4, 2011
as "Findings of Fact" for Case 11 -018.
The public hearing was opened & closed: There was no public testimony.
Brief discussion
FINDINGS OF FACT
17.195.050 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 parcel exhibits exceptional conditions applicable to the property or its intended use in the form of
a pre- existing construction oversight.
17.195.050 A.2. Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
Strict application of the zoning ordinance would result in unnecessary hardship in the form of a stigma
attaching to the property title.
17,195.050 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. The property has been developed as a residential duplex and exhibits characteristics similar
to other neighborhood properties developed in a like manner. Connected to the existing municipal
water and sewer utilities, the public's health, safety, and welfare are ensured.
17.195.050 A.4. The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
Granting of the variance will not increase existing density or alter any permitted land uses, and is not
contrary to the objectives of the Comprehensive Plan which designates this area as Medium Density
Residential.
17.195.050 A.S. That actions of the applicant did not cause special conditions or financial
hardship from which relief is being sought by the variance.
The actions of the applicant have not caused the conditions for which relief is being sought by
variance.
17.195.050 A.6. That the granting of the variance will not permit a prohibited land use in
the district involved.
The requested variance will not permit a prohibited use in the applicable zoning district. The existing
use as a residential duplex is a permitted use in the applicable zoning district.
ROLL CALL VOTE ON MOTION CARRIED 6 - 0.
D) Case 11 -019. Request a Rezone, according to KIBC 17.205, 17.50 and 17.130, to rezone a
2.66 acre portion of Tract B -1A, U.S. Survey 4947 from C- Conservation to PL- Public Land Use, in
order to allow the eventual development of a new Alaska Department of Fish & Game office and
research building to be located on the same lot as the existing Kodiak Fisheries Research
Center (KFRC). The applicant is the Kodiak Island Borough and the agent is Bob Scholze,
Resource Management Officer. The location is 200 Trident Way and it is zoned C- Conservation.
Cassidy stated the borough is adding on a piece of property adjacent to an existing lot to make it a
larger lot for the construction of a new Fish & Game building on Near Island. Staff recommends the
commission make a recommendation to the Assembly for approval of the rezone.
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In response to COMMISSIONER JANZ' inquiry about the trails, Cassidy stated we couldn't find any
information but COMMISSIONER WATKINS can probably give you more information.
COMMISSIONER JANZ MOVED to recommend, according to KIBC 17.205, 17.50 and 17.130, the rezone
of a 2.66 acre portion of Tract B -lA, U.S. Survey 4947 from C- Conservation to PL- Public Land Use, in
order to allow the eventual development of a new Alaska Department of Fish & Game office and
research building to be located on the same lot as the existing Kodiak Fisheries Research Center
(KFRC); and to adopt the "Findings of Fact" in the staff report dated February 4, 2011 in support of this
recommendation.
The public hearing was opened & closed: There was no public testimony.
COMMISSIONER WATKINS stated there are 2 main trail paths that come across this Tract B -1; the first
one picks up across from the scientist's housing at the fire hydrant where the trail leads into the woods
and climbs up towards the adjacent lot where it says vacant. It runs into some switchbacks back
towards the Near Island facility and then meanders the lot line running towards the corner of our new
rezone up by the gazebo and then it runs into Rotary Park. The other one is down more towards the
waterfront edge and follows the fence line put in by Trident Basin which is Tract F, U.S. Survey 2261
and follows around the dog leg in the fence on the side where we're looking at the rezone and then
curls up into the end of the parking lot for the existing building. The jist of the conversation with staff
today was that we don't put easements on borough land, and Watkins is not sure about that point. We
put easements in right -of -ways and he's concerned that if we don't get easements on these trails as this
land gets divided up and sold we are going to lose our footing on the trails. For this project to work it
will have to come back to us again and then we can address easements for when Fish & Game take over
that property we can get easements at that point. Watkins 'concerns now are to make sure we keep
our easements on this lot. The other thing is because we don't have easements for the trail we've lost
several cycles of grants for trail improvements so if we have an easement that shows that the trail has
been used for more than 10 years then we're open to grant money that's been on the table for the last
2 years. The board has been asking why we aren't doing this when we have people to do the work and
money available.
In response to COMMISSIONER SCHMITT'S inquiry of it was his understanding that the borough is
going to retain this property and lease it to the state, similar to what they are doing next door, is that
correct, Cassidy stated any disposal of land either by sale or lease has to come back to the commission
for review. An easement is the right to cross someone else's land and you can't have a borough trail
. easement across a piece of borough land. If it becomes Fish & Game then that's the time to attach an
easement. He thinks once the Trails Plan is done that's the document adopted by the Assembly that
shows that we have priority trails in the community.
In response to COMMISSIONER JANZ' inquiry re: she read in the staff report that if where the building
was built and it impeded a trail that every effort was going to be made to redirect the trails, is that
correct, Cassidy stated that we have not found anything that shows the trails in relation to the
buildings being constructed. The entire lot is not going to be developed and the thinking is that it isn't
going impact the existing trails.
COMMISSIONER KING told COMMISSIONER JANZ that what she's looking for is on page 3 of 9 in the
lower right hand box that says an informal pedestrian trail will be realigned if necessary for the new
development.
COMMISSIONER WATKINS' stated the landscape architect and the building architect are aware of
where both trails are. They are interested in having a junction from the building to log into that trail
system for the people working there.
FINDINGS OF FACT
A. Findin • s as to need and 'ustification for a than e or amendments•
A rezone of Tract B -1A United States Survey 4947 removes the administrative ambiguity that arises
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due to a "split -lot zoning" configuration.
A rezone of Tract B -1A United States Survey 4947 exemplifies good planning practices.
B. Findings as to the effect a change or amendment would have on the objectives of the
comprehensive plan; and
A rezone of Tract B -1A United States Survey 4947 is fully compatible with the objectives of the Kodiak
Island Borough 2008 Plan Update.
A rezone of Tract B -lA United States Survey 4947 is generally consistent with the objectives of the
1987 Near Island Comprehensive Development Plan.
C. Recommendations as to the approval or disapproval of the change or amendment,
The Kodiak Island Borough Planning & Zoning Commission recommends that the Kodiak Island
Borough Assembly approve the rezone of that portion of Tract B -1A United States Survey 4947
currently zoned C - Conservation Zoning District to PL- Public Use Zoning District.
ROLL CALL VOTE ON MOTION CARRIED 6 -0
E) Case S11- 007. Request preliminary approval of the Vacation of a portion of the Perenosa
Drive right -of -way, according to KIBC 16.60, a maximum of 30 feet in width, and predominantly
affecting the southwest side of the right -of -way from the centerline between Tugidak Court and
Sharatin Road per the sketch plan submitted on December 29, 2010. The applicant is Robert W.
Barton, Et al. The location is 3390, 3410, and 3424 Tugidak Court, 3551 and 3573 Sitkinak
Drive, 3333 and 3469 Sharatin Road and the zoning is R3- Multifamily Residential.
Cassidy stated this case results from a number of contacts made by the Resource Management Officer
to folks who are encroaching into the un -built right -of -way of Perenosa Drive. As a result of the letters
we met with a number of owners on how to resolve the issue and one of the options was to request a
vacation of the right -of -way. The Code requires the burden of proof is on the applicants to show that
"there is no public value to the right of way." The commission has seen this request in the past and
voted it down. Staff continues to have concerns about vacating the ROW. Staff contends that there
remains public value in retention of this right of way: There is still a need for a secondary access in an
area that only has one way in and one way out; and, there continues to be a need to do a road analysis
for all the undeveloped ROW's to determine if there are alternatives. Staff recommends that the
neighbors should work with the Resource Management Officer to see about acquiring a permit to use
borough lands and not recommend to the assembly to vacate any of part of that right -of -way.
In response to COMMISSIONER SCHMITT'S inquiry of the Strategic Plan that was adopted by the
assembly that talks about Parks & Recreation Goals and Objectives -Item 1 says to evaluate and identify
those lands under borough ownership that would be appropriate for developed or passive parks and
recreation facilities, and then sub - paragraph A says review urban areas for potential neighborhood
pocket parks in areas of growth, is this right -of -way the sort of thing you might be looking at, Cassidy
stated we have a park of sorts along Katmai, another part of Perenosa where there is land set aside for
a park so that's another kind of use these right -of -ways can be used. It's important because there aren't
a lot of pocket parks or neighborhood parks in these areas and that certainly is a potential use.
In response to CHAIR TORRES' inquiry of the park by the Christian School, that right -of -way was not
vacated it's just that park is just built in the right -of -way, Cassidy said if you are talking about the
Christian School and Katmai there's a basketball court and a community park in the right -of -way there
and it was not vacated.
In response to COMMISSIONER WATKINS' inquiry on the motion we have the vacation of a portion of
Perenosa because the application was for a part of it but don't we have to vacate the whole of Perenosa
to make that work, Cassidy stated that's correct, 30 foot in width, you can vote it down or make a
motion to vacate the entire right -of -way.
In response to COMMISSIONER WATKINS' inquiry if we can legally vacate part of the right -of -way or
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do we have to vacate the whole right -of -way, Cassidy stated it's complicated because the City of Kodiak
has utilities in the right -of -way and they retain the utility right -of -way so you can't vacate the whole
thing. The utility right -of -way is in the road right -of -way.
COMMISSIONER WATKINS MOVED to grant preliminary approval to the vacation of the portion of the
Perenosa Drive right -of -way located between Tugidak Court and Sharatin Road adjacent to Kadiak
Subdivision, 1st Addition and Trinity Island Subdivision.
The public hearing was opened & closed: Public testimony was given by:
Craig Walton spoke in favorably stating the subdivision paid to have its streets paved and lights put in.
No other subdivision has really taken on that course of action. We moved in knowing it was cul -de -sacs
and a quiet neighborhood with no through traffic. We feel this neighborhood has developed to what it
has become over a long period of time and we're asking to let something continue to exist for the
betterment of the neighborhood. The needs of the community in this subdivision have changed and
more people are getting out and walking. The vacation of a portion of this right -of -way and making the
other portion part of the Island Trails network benefits all.
Arthur Schultz spoke in opposition and stated after he submitted his written comments 2 weeks ago he
drove directly home when another car pulled up him and said she thought there was a thoroughfare to
Sharatin. He said to imagine his frustration knowing that such a route has been stolen from its rightful
owners, the public of Kodiak. He's seen the public pressure for a public thoroughfare demonstrated in
his driveway and his yard literally thousands of times. The thieves are well aware of the borough's
earlier decision not to vacate this portion of Perenosa as they were the original applicants. They
ignored that decision and done exactly what they pleased. It's important to note the borough's
previous decision correctly anticipated future high density housing. That decision in no way implied
that anticipated growth would be in Trinity Islands since it's Sharatin Road that is zoned R3. There are
60 housing units within 400 feet of where Sharatin meets the stolen portion of Perenosa. One
applicant's assertion that quote the area is completely developed is completely ludicrous given the
sizable parcel of undeveloped R3 land directly across Sharatin from Perenosa. The housing density will
increase forcing a growing number of people to gerrymander their way to Safeway while thieves store
their RV's and tend their gardens in the direct route that is the public's right. Noting that Perenosa is a
natural and direct route to Safeway and Wal -Mart why would a recognition of the value of the route
come with a caveat that it should be limited to non - vehicular traffic. Perenosa Drive is the shortest
route to Safeway for hundreds of Spruce Cape residents and recognition of that value should include
recognition of a most likely travel mode. Perenosa is a `public roadway and should remain so.
Approving this request can only have highly regrettable consequences for any future Planning &
Zoning decision.
The regular meeting was opened:
Discussion of the 2 Perenosa Drives and right -of -ways, value to the borough, easing the tax burden, a
traffic assessment, and trails.
COMMISSIONER WATKINS MOVED to take a 5 minutes recess.
VOICE VOTE CARRIED UNANIMOUSLY
CHAIR TORRES recessed at 8:25 p.m. and reconvened the meeting at 8:30 p.m.
In response to COMMISSIONER SCHMITT'S inquiry of Mr. Scholze talked about another approach
would be to issue permits for encroaching into the right -of -way, does the borough generate revenue
that goes along with land use permits, Cassidy stated mainly the types of permits are driveway access
permits. There would be a fee and those fees are set by the assembly on an annual basis. Right now we
just have the driveway permit in place and that is a onetime $100 fee.
ROLL CALL VOTE ON MOTION FAILED 5 -1. The noes were COMMISSIONERS KING, JANZ, KERSCH,
TORRES, AND SCHMITT. The aye was COMMISSIONER WATKINS.
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COMMISSIONER WATKINS MOVED to adopt the three (3) findings for denial contained in the staff
report dated February 1, 2011, as "Findings of Fact" for this case.
FINDINGS OF FACT
1. KIBC Section 16.60.010 states that the Commission shall deem the area proposed for vacation to be
of value to the Borough unless proven otherwise. The burden of proof for the vacation of public
land lies entirely with the petitioner. That burden has not been proven and that this right of way is
not surplus to the Borough's needs.
2. The value to the Borough of this right -of -way for an unknown future use is consistent with the
viewpoint that it is best not to dispose of Borough land now, only to have to potentially acquire it
in the future to meet a need.
3. It would be unwise and not in the public interest to vacate this right -of -way without a larger
review of transportation routes in the neighborhood.
ROLL CALL VOTE ON MOTION CARRIED 6 -0
F) Case 11 -013. Request a Variance, according to KIBC 17.195 (Variances) for the grant of a
variance from KIBC 17.75.050.A (Front Yard) which would allow a second -story addition atop
an existing single -story residential structure that encroaches 9.5 feet into the required 25 foot
front yard setback; and,
A Variance for a single -story garage addition to the same nonconforming residence that would
encroach no more than 21.5 feet into the required 25 foot front yard setback; and,
A Variance from KIBC 17.75.050.B (Side Yard) to allow a residential addition to encroach no
more than 4S5 feet into the required 10 foot street -side setback. (This case was reconsidered
from the January 19, 2011 regular P &Z meeting. Petitioner has since modified the request to
eliminate any second -story additions requested outside of the existing building footprint.) The
applicant is Robert Dierich. The location is 111 Bancroft Drive and the zoning is R3- Multifamily
Residential.
Cassidy stated this case was postponed from last month's meeting as a result of confusion caused by
staff. We have met with Mr. Dierich and he's come back with a new plan. His desire is to build a second
story above the footprint of the existing building. We would agree that granting a variance for that is
appropriate. He wants to construct an addition on the Mill Bay side that would extend 4.15 feet into
the 10 foot side yard setback, and we would agree with that Variance. He also chooses to extend his
single story garage 21.5 feet into the 25 foot front yard setback of Bancroft Circle, and we recommend
denial of that. We see there is importance of maintaining a minimum of 5 foot setback on all sides. We
also feel he has adequate property in the back of his house to expand without a variance.
COMMISSIONER JANZ MOVED to grant a Variance, according to KIBC 17.195, from KIBC 17.75.050.A
(Front Yard) to allow a two story residential structure to encroach no more than 9.5 feet into the
required 25 foot front yard setback; and, to grant a variance from KIBC 17.75,050.A (Front Yard) to
allow a proposed single -story garage addition to encroach no more than 21.5 feet into the required 25
foot front yard setback; and, to grant a variance from KIBC 17.75.050.0 (Side Yard) to allow a proposed
single -story garage addition to encroach no more than 4.15 feet into the required 10 foot "street" side
setback; all located on Lot 25A, U.S. Survey 3098.
The public hearing was opened & closed. There was no public testimony.
The regular meeting was opened.
Brief discussion
ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were COMMISSIONERS KING, WATKINS, JANZ,
KERSCH, and TORRES. The no was COMMISSIONER SCHMITT.
COMMISSIONER WATKINS MOVED to postpone Findings of Fact for this case until the March regular
meeting.
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COMMISSIONER WATKINS MOVED to amend the motion to take the conditions of approval and
findings of fact from alternate recommendation motion #3 to he used as findings of fact for this case in
lieu of postponement.
ROLL CALL VOTE ON MOTION TO AMEND FAILED 6 -0
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 5 -1. The ayes were COMMISSIONERS KING,
JANZ, WATKINS, KERSCH, and TORRES. The no was COMMISSIONER SCHMITT.
OLD BUSINESS
A) Case 11 -003. Adopt Findings of Fact in support of the commission's denial of a Similar Use
Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated
soil for the purpose of ADEC approved treatment, as a use that is similar in character and
impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and
Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable
Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a
conditional use permit (CUP) review if approved as a similar use by the commission. (Case
postponed from the September 30, 2010 regular meeting.) The applicant is John Zbitnoff and
the agent is Jascha Zbitnoff. The location is 465 Sargent Creek Road, and the zoning is (-
Industrial.
Cassidy stated this is a denial of a Similar Use Determination request from your previous meeting.
Findings of Fact should be adopted in support of your denial.
COMMISSIONER KING MOVED to adopt the findings contained in the memorandum dated February 4,
2011 as "Findings of Fact" in support of the denial of a similar use determination in Case 11 -003.
FINDINGS OF FACT
17.15.090.A Land uses other than those specifically permitted or conditionally permitted in a
district may be allowed if they are similar to those listed and are found by the commission.
after a ' ublic hearin • to be similar in character and im I act.
1. Because the applicant has not provided a specific proposal or site plan, it is impossible to analyze
the potential impacts of the use.
ROLL CALL VOTE ON MOTION 5 -1. The ayes were COMMISSIONERS KING, WATKINS, JANZ, KERSCH,
and TORRES. The no was COMMISSIONER SCHMITT.
B) Case 11 -015. Adopt Findings of Fact in support of the commission's approval of a Variance,
according to KIBC 17.195 to allow a fence in a portion of the side yard and the entire rear yard
on Lot 3 -A, Block 2, Woodland Acres 2nd Addition, to be eight (8) feet in height which is two (2)
feet higher than the six (6) foot fence height permitted in residential zoning districts by KIBC
17.170.020.A. The applicants are Shaw & Dana Patterson. The location is 3974 Woodland Drive,
and the zoning is RR -Rural Residential.
Cassidy stated we compiled findings of fact forwarded by commissioners into a memo. You granted a
Variance to allow a 2 foot addition to the fence at last month's meeting.
COMMISSIONER JANZ MOVED to approve findings of fact for Case 11 -015 to grant a Variance,
according to KIBC 17.195, to allow a fence in a portion of the side yard and the entire rear yard on Lot
3 -A, Block 2, Woodland Acres 2 Addition, to be eight (8) feet in height which is two (2) feet higher
than the six (6) foot fence height permitted in residential zoning districts by KIBC 17.170.020.A, and to
adopt findings contained in the Findings of Fact Memo dated February 5, 2011 for Case 11 -015.
Discussion
FINDINGS OF FACT
17.195.050 A.1. Exceptional physical circumstances or conditions applicable to the
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property or intended use of development, which generally do not apply to other properties in
the same land use district.
This parcel exhibits exceptional physical circumstances or conditions applicable to the intended use of
the property which do not apply generally to other properties in the same land use district.
17.195.050 A.2. Strict application of the zonin• ordinances would result in Iractical
difficulties or unnecessary hardships.
Strict application of the zoning ordinance would result in unnecessary hardship.
17.195.050 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.
The granting of the variance will not result in material damages or prejudice to other properties in the
vicinity and will improve the safety and welfare of the applicant.
17.195.050 A.4. The granting of the variance will not be contrary to the obiectives of the
Comprehensive Plan.
Granting of the variance will not increase existing density or alter any permitted land uses, and is not
contrary to the objectives of the Comprehensive Plan which designates this area as Medium Density
Residential.
17.195.050 A.S. That actions of the applicant did not cause sp ecial c or finan cial
hardshi i fr I m which relief is bein • sou • ht b the variance.
The actions of the applicant have not caused the conditions for which relief is being sought by
variance.
17.195.050 A.6. That the granting of the variance will not permit a prohibited land use in
the district involved.
The requested residential fence height variance will not permit a prohibited use in the applicable
zoning district.
ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were COMMISSIONERS KING, WATKINS, JANZ,
KERSCH, and TORRES. The no was COMMISSIONER SCHMITT.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
There were no communications.
REPORTS
A) Meeting Schedule:
• March 9, 2011 work session at 6:30pm in the KIB Conference Room.
• March 16, 2011 regular meeting at 6:30pm in the Assembly Chambers.
B) Minutes of Other Meetings
• October 26, 2010 Parks & Recreation Committee minutes
• November 23, 2010 Parks & Recreation Committee minutes
• December 14, 2010 Parks & Recreation Committee minutes
• December 28, 2010 Parks & Recreation Committee minutes
COMMISSIONER JANZ MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
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AUDIENCE COMMENTS
There were no audience comments.
COMMISSIONER'S COMMENTS
Dave King said it's good to be here and he thanked staff and everyone for coming. He asked what is
going on with the code updates and is there a meeting. King also requested a work session to talk
about things with staff.
Cassidy stated that is Duane's project and there is a March meeting.
Alan Torres stated it's on March 10th at 11:30 am with the Project Advisory Committee.
Brent Watkins apologized again for not catching the conflict of interest sooner. He also asked staff to
relay to the GIS folks that GIS is getting better all the time. He is also glad we're all not thinking the
same way and that we cover different facets of the community.
Bill Kersch requested that Jack Maker come to the work session.
Alan Schmitt stated he will be out of town and will miss the March work session but will be back for
the regular meeting.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR TORRES adjourned the meeting at 915 p.m.
KODIAK ISLAND BOROUGH
PLANNING & ZO G COMMISSION
13
Alan Torres, Chair
ATTEST
By: CChei On «n O
Sheila Smith, Secretary
Community Development Dept.
APPROVED: March 16, 2011
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