2011-05-18 Regular Meeting 7 3)r — -- — J
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION ! - Li JUN 1 6 2011
MINUTES
BOROUIGF ,Il rr
May 18, 2011 6:30 p.m. in the K{B.Assembly_Cham6`errs ' r '"-
CALL TO ORDER
CHAIR TORRES called to order the May 18, 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
Requested to be excused is Casey Janz due to her being at Camp Woody.
Commissioners present were Dave King, Brent Watkins, Bill Kersch. Alan Torres, Jay Baldwin, and Alan
Schmitt. Excused was Casey Janz.
Community Development Department staff present was Bud Cassidy and Sheila Smith.
COMMISSIONER WATKINS MOVED to excuse Casey Janz.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER WATKINS MOVED to approve the May 18, 2011 Planning & Zoning Commission agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER KING MOVED to approve the April 20, 2011 Planning & Zoning Commission minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments and appearance requests.
PUBLIC HEARINGS
A) Case S11 -010. Request preliminary approval, according to KIBC 16.40, of the subdivision of Lot
2A, Block 1, Holland Acres 1st Addition creating Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A -5, 2A -6, 2A -7, and
2A -8, Block 1, Holland Acres 1st Addition. (Postponed from the April regular meeting). The
applicants are Art & Arlene Zimmer. The location is 170 Island Lake Road, and it's zoned B-
Business.
Cassidy reported the applicant has requested postponement due to him being out of town.
COMMISSIONER SCHMITT MOVED to postpone a request for preliminary approval, according to KIBC
16.40, of the subdivision of Lot 2A, Block 1, Holland Acres 1st Addition creating Lots 2A -1, 2A -2, 2A -3, 2A-
4, 2A -5, 2A -6, 2A -7, and 2A -8, Block 1, Holland Acres 1st Addition, until the June 15, 2011 agenda.
The public hearing was opened & closed: There was no public testimony given.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) Case S11 -012. Request preliminary approval, according to KIBC 16.40, of the replat of Tract H
and a Portion of Tract G, Bells Flats Alaska Subdivision, to create Lots 1, 2, 3 and 4, Lake Orbin
Subdivision. (Postponed from the April regular meeting). The applicant is the Kodiak Island
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Borough and the agent is Bob Scholze, KIB Resource Management Officer. The location is 10986
Chiniak Drive and 11629 Kalsin Drive, and the zoning is PL- Public Use Land
Cassidy reported last month the rezone from Public Use Land to Rural Residential One was approved was
contingent upon approval of this subdivision but you postponed it due to concerns raised about drainage.
Scholze met on site with the Service District who made suggestions so he's submitted a revised plat to
adjust lot lines and locate specifically where driveways should be put. Scholze also submitted conditions
of approval to be attached to the plat. Staff recommends approval of the revised plat subject to the
conditions of approval.
COMMISSIONER BALDWIN MOVED to grant preliminary approval, according to KIBC 16.40, of the replat
of Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, to create Lots 1, 2, 3 and 4, Lake Orbin
Subdivision, subject to the conditions of approval contained in the May 5, 2011 letter from Bob Scholze,
Resource Management Officer and to adopt the findings of fact found in the CDD staff report dated April 8,
2011as "Findings of Fact" for case S11 -012.
Close regular meeting & open public hearing
Bob Scholze stated we met with the representatives from the service area board on site and listened to
their concerns, took into account Fish & Game's concerns, and then made adjustments to the revised plat.
There will be 2 plat notes: one concerning the natural drainage flow, and the second designating exactly
where the driveways have to go. The conditions of approval would add a third plat note stating there will
be no further subdivision of these lots
In response to COMMISSIONER WATKINS'S inquiry of will the buyers be liable for the existing stack of the
road, Scholze stated the conditions of approval is supposed to put the onus of the improvement on the
developer, the borough, and culverts installed prior to the land sale.
Close public hearing & open regular meeting
Brief discussion.
Scholze stated previously there were borough subdivisions in Bells Flats that there were problems
because of drainage. There was a breakdown of review and oversight of the driveway installation of
drainage required by code and as a result it wasn't done properly. The intent is to work with the service
district to ensure it's done properly by the borough before going up for sale.
CONDITIONS OF APPROVAL
1. Any work conducted on these lots that occurs below ordinary high water; any work that may use,
divert, obstruct, pollute or change the natural flow or bed of a specific river, lake or stream; or any
activity requiring use of wheeled or tracked vehicles or that involves excavating in the bed or Orbin
Creek or the unnamed pond will require a permit from the ADF &G.
2. Documentation must be provided by a registered engineer attesting to the adequacy of the property
for septic installation to satisfy ADEC requirements in support of the proposed density prior to final
plat approval.
3. A drainage plan, to include driveway installation as specified by plat note #2, will be reviewed and
implemented by the Womens Bay Service Area Board prior to final plat approval.
4. Alitak Drive shall be improved consistent with KIBC Title 16.80 at least to the point of driveway
access to proposed Lot 2.
5. Driveway access to proposed Lot 1 is restricted to Kalsin Drive generally in front of the remnant
concrete foundation there within a thirty (30) foot width beginning 75 ft. NE of the northwesterly
corner marker near that culvert, consistent with plat note #2 and the accompanying plat detail.
6. Driveway access to proposed Lot 2 is restricted to Alitak Drive generally in front of the remnant
concrete foundation there within a thirty (30) foot width calculated twenty (20) feet southwest of and
then (10) feet northeast of the point of curvature (PC) monument, consistent with plat note #2 and
the accompanying plat detail.
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7. Driveway access to proposed Lot 3 is restricted to Kalsin Drive just west of its intersection with
Middle Bay Drive within a thirty (30) foot width beginning five (5) feet east of its southeasterly corner
common with proposed Lot 2, consistent with plat note #2 and as indicated on the plat.
8. Add a plat note which states: "No further subdivision of proposed Lots 1, 2 and 3 is permitted that
would result in the creation of additional lots.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required
in Title 16 of the Borough Code.
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case S11 -014. Request Preliminary approval, according to KIBC 16.40, to amend a note on Plat
2000 -8, restricting Driveway /Vehicle Access to Wilton White Way for Lots S to 12, Block 2, Perez
Estates Subdivision and instead restricting Driveway /Vehicle Access exclusively to Sharatin Road
for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and amending a note on Plat 2000 -8 that
requires the Front Yard Setback to be calculated from Wilton White Way for Lots S to 12, Block 2,
Perez Estates Subdivision and requiring that the front yard setback and street address be
restricted to Sharatine Road for Lots 7, 8 and 12, Block 2, Perez Estates Subdivision; and,
To amend a note on Plat 2000 -8 providing for exclusive use of a 60 foot wide access and utility
easement from Wilton White Way by Lots 3, 4, 5 and 6, Block 2, Perez Estates Subdivision, by
eliminating a 20 foot access easement to Lots S and 6, Block 2, Perez Estates so that the amended
easement will provide for exclusive use of the full 60 foot width for utilities by Lots 3, 4, 5 and 6,
Block 2, Perez Estates Subdivision and exclusive access easement by Lots 3 and 4, Block 2, Perez
Estates Subdivision for the 40 foot remainder of the access easement covering the back -to -back
Flag stem drives connecting to Wilton White Way. The applicant is Kodiak Ventures. The location is
3084 and 3052 Wilton White Way and NHN assigned for remainder of lot generally located
between Sharatine Road and Wilton White Way. It is zoned R3- Multi- family Residential.
Cassidy reported as a result of last week's work session the applicant has requested postponement.
COMMISSIONER SCHMITT MOVED to postpone Case S11 -014 until the June 15, 2011 Planning & Zoning
Commission Regular Meeting.
The public hearing was opened & closed: There was no public testimony.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) Case 11 -024. Request a Variance, according to KIBC 17.90.040 (Building Height) in order to
allow a 65 foot cellular communication tower to exceed the maximum 50 foot building height
allowable in the B- Business zoning district. The applicant is Brechan Enterprises, Inc. and the
agent is GCI Communication Corporation. The location is 3174 Mill Bay Road, and it's zoned B-
Business.
Cassidy reported the applicant has requested postponement. This is a tower that is proposed to be on the
Brechan yard towards the end of Mill Bay Road. This is one of the routes that may get cell service to
Ouzinkie. They tried Sharatine Mountain but that didn't work.
COMMISSIONER BALDWIN MOVED to postpone Case 11 -024 until the June 15, 2011 regular meeting of
the Planning & Zoning Commission.
The public hearing was opened & closed: There was no public testimony.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
E) Case 11 -025. Request a Review of land disposal for Lot 4, Block 10, Port Lions Subdivision
(former residential teacher housing owned by the KIB), which is no longer required by the Kodiak
Island Borough School District and which is no longer of benefit to the public. The applicant is the
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Kodiak Island Borough and the agent is Bob Scholze, KIB Resource Management Officer. The
location is Lot 4, Block 10, Port Lions Subdivision, and it's zoned R1- Single - family Residential.
Cassidy reported disposals require commission review and approval with a recommendation to the
Assembly. The commission must determine if this is surplus to the borough's needs, The building was a
teacherage that hasn't been used in at least a decade and is in extreme disrepair. Staff recommends
approval of this disposal by approving the resolution in your staff report.
COMMISSIONER KERSCH MOVED to adopt Planning & Zoning Commission Resolution No. FY 2011 -02,
and to adopt the findings in that supplemental memo dated May 18, 2011, as "Findings of Fact" for Case
11 -025.
Close regular meeting & open public hearing:
Bob Scholze stated he is here to answer any questions.
Close public hearing & open regular meeting:
FINDINGS OF FACT
1. The Commission has reviewed the subject property's current physical condition.
2. The Commission finds that the subject property's physical deterioration represents a detriment to the
immediate environs and a public safety risk.
3. The Commission finds that the subject property's physical deterioration would require uneconomic
expenditures in order to rehabilitate the property.
4. The Commission has reviewed the subject property's potential for future Borough use and finds the
property no longer of benefit to the Borough, and, surplus to the Borough's need.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
OLD BUSINESS
There was no old business.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
A) Letter of Courtesy & Advisory re: occupancy of two single - family dwelling units in the RR1 -Rural
Residential One Zoning District.
Cassidy gave a brief report on the communication.
In response to COMMISSIONER KERSCH comment and inquiry of he had asked for the Code Enforcement
Officer to join us in one of our meetings 2 months ago and now we're in the third meeting and we still
haven't seen him, is he going to come to one of our meetings some day, Cassidy replied the key is that Jack
Maker is an overtime employee and Cassidy wants to make sure that when he comes folks are ready to
ask him questions. If you want him at the next meeting Cassidy will have him there.
COMMISSIONER BALDWIN MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
The next Planning & Zoning Commission work session is on June 8, 2011 at 6:30pm in the KIB Conference
Room and the regular meeting will be on June 15, 2011 at 6:30pm in the Assembly Chambers.
COMMISSIONER KERSCH requested to be excused at the June meetings due to being out of state on
vacation.
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B) Minutes of Other Meetings
March 8, 2011 & March 22, 2011 Parks & Recreation Minutes
COMMISSIONER SCHMITT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
COMMISSIONER KERSCH requested to be excused due to he will be out of town all of June.
COMMISSIONER SCHMITT stated he will be out of town for the June work session.
AUDIENCE COMMENTS
There were no audience comments.
COMMISSIONER'S COMMENTS
Alan Schmitt said he will be out of town for the June work session but will be back for the regular meeting.
Brent Watkins stated June 1st is the Trails Plan Public Meeting at 7 p.m. in the High School Commons and
he apologized for missing the work session
Dave King apologized for missing the work session but he was stuck at Karluk Lake due to the winds. He
also stated that he's been offered a job in Washington at Mt. Rainer National Park and he thinks he will
accept it. If he does accept the job he'll be leaving Kodiak about June 12th. It's been a wonderful few years
and he'll miss everyone. It's a good opportunity and he's looking forward to going home.
Alan Torres stated he's happy to see that we are involving the service districts in the subdivision process
and he thinks we'll end up with a good subdivision in Bells Flats because of it.
ADJOURNMENT
COMMISSIONER KERSCH MOVED to adjourn.
CHAIR TORRES adjourned the meeting at 7:10 p.m.
KODIAK ISLAND BOROUGH
PLANNING & ZO NG COMMISSION
Alan Torres, Chair
ATTEST
By: QSIot_cCarialLii
Sheila Smith
Community Development Dept.
APPROVED: June 15, 2011
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