2011-06-15 Regular Meeting KODIAK ISLAND BOROUGH AUG - 9 2011 ,.
PLANNING & ZONING COMMISSION
MINUTES BOROUGH CLERK'S OFFICE
June 15, 2011 6:30 p.m. in the Assembly Chambers
CALL TO ORDER
CHAIR TORRES called to order the June 15, 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
Bill Kersch requested to be excused due to being on vacation, and Jay Baldwin due to being
out of town.
Commissioners present were Brent Watkins, Casey Janz, Alan Torres, and Alan Schmitt.
Excused were Bill Kersch and Jay Baldwin.
COMMISSIONER WATKINS MOVED to excuse Bill Kersch and Jay Baldwin.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER JANZ MOVED to approve the June 15, 2011 Planning & Zoning Commission
agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER WATKINS MOVED to approve the May 18, 2011 Planning & Zoning minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were none.
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 May regular meeting). The applicants are Art & Arlene Zimmer. The location is 170
Island Lake Road and the zoning is B- Business.
Cassidy gave a brief report stating staff recommends approval of this request subject to 9
Conditions of Approval and Findings of Fact.
COMMISSIONER JANZ MOVED to approve a request for preliminary approval, according to
KIBC 16.40, of a subdivision of Lot 2A, Block 1, Holland Acres 1Pt 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 subject to the
following conditions of approval and to adopt findings as Findings of Fact for case S11 -010.
The public hearing was opened & closed: There was no public testimony.
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CONDITIONS OF APPROVAL
1. The 20 x 20 shed on Lot 2A - is closer than the 10'setback required in the building code.
This shed shall be removed or moved to meet building code setbacks.
2. One of the two warehouses must have a fully functioning accessible restroom approved by
the building official.
3. All other occupy -able buildings must have functioning sanitary facilities approved by the
building official
4. All utilities (water, sewer and electrical) crossing adjoining lots must be in dedicated
easements and approved by the City of Kodiak and KEA.
5. Each of the newly created lots in this proposed subdivision would need individual water
and sewer services to each lot approved by the City of Kodiak
6. Structures with existing shared utilities, e.g. sewer and water, shall be separated as part of
the subdivision requirements. This reduces future property problems over maintenance
and repair needs. Request for new utility connections would originate through the City
Building Department with the appropriate permits and utility application.
7. The storage of wrecked and impounded cars should be clean up and there be proper
disposal and clean- up of hazardous waste materials once cars stored on the lot are
removed.
8. There is a concern about (having) adequate water supply for the current and possible
increases in business use on these lots. The Fire Marshall will review and sign off that
there is sufficient water flow to each of the proposed lots and a determination made that
another fire hydrant is not required.
9. A determination by CDD staff will be made to determine if any conditional use permits,
variance and required parking plans are required based on uses now occurring that are
not grandfathered. All variances and conditional uses must be granted by the commission.
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
B) 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
5 to 12, Block 2, Perez Estates Subdivision and instead restricting Driveway /Vehicle
Access exclusively to Sharatine 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 5 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 5 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.(Postponed from the May regular meeting). The
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applicant is Kodiak Ventures, Inc. 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 and the zoning is R3- Multi- family Residential.
Dvorak gave report stating 82 public hearing notices were sent out with no replies returned.
He explained how this is a difficult case and staff recommends approval subject to Conditions
of Approval and Findings of Fact.
COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, to
amend plat notes A.1 and A.2 on Plat 2000 -8, by eliminating a restriction on Lots 7 through 10
and 12, requiring driveway /vehicle access only from Wilton White Way and requiring the
front yard setback to be calculated only from that side of the lot and instead substituting plat
notes that will allow for driveway /vehicle access to either Wilton White Way or Sharatine
Drive such that the front yard setback will be determined to be whichever side has the access
drive, subject to the following conditions of approval which may also be converted to plat
notes for the sake of clarity, and to adopt the finding contained in the staff report for this case
dated June 1, 2011, as Findings of Fact for this case.
Close regular meeting & open public hearing:
Kevin Arndt stated for clarification is that on Lots 9 & 10 there are plans to put duplexes on
which will alleviate some traffic accessing Wilton White Way.
Amanda Breeden stated she's in favor of moving access for Lot 12 to Sharatine but she doesn't
support the other lots access being moved because it would decrease their property value on
Wilton White Way.
Alan Wolf stated he lives across the street from Lot 11 and he agrees with Breedon.
Close public hearing & open regular meeting:
Brief discussion
CONDITIONS OF APPROVAL
1. This approval is intended to allow access on only one side of each affected lot.
2. The Fire Chief of record will be required to grant approval of each lot proposed for
development as being adequately served by fire hydrants in the area before zoning
compliance will be issued for any of the lots affected by action.
3. The front yard setback and street address will follow the decision to locate a
driveway /vehicle access on one side of the affected lots, however setback averaging for
the lots, if applicable, will only be made on the basis of comparing the building line in front
yards on adjoining lots regardless of their orientation for access to either Sharatin Road or
Wilton White Way.
4. Correct the vicinity map to conform to this decision.
5. Correct the title block to conform to this decision.
6. Lots 5 & 6, Block 2, Perez Estates Subdivision are specifically excluded from this
amendment as they are not topographically constrained and because they are linked by
certain fire safety and private road concerns affecting Lots 3, 4, 5 & 6 collectively.
FINDINGS OF FACT
1. Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision are constrained by
topography such that it justifies a deviation from KIBC 16.40.050.B.2, but prior attempts to
limit access to just one side of the lots or the other have not been helpful in the
development of these lots.
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2. The decision to access Lots 7 through 10 and 12, Block 2, Perez Estates Subdivision from
either Sharatine Road or Wilton White Way should be made by the property owner or
developer based on the specific design of the proposed dwelling and related site plan on a
lot by lot basis.
3. As recommended by staff in the past, and acknowledged by the commission, the front yard
setback should conform to the access drive location, however this provision should not be
used for setback averaging unless it is based upon comparison of front yard setbacks
regardless of each adjoining lots access and setback orientation.
4. In order to ensure that all fire codes are met the local Fire Chief of record should be
consulted and certify that the lots proposed for development are adequately served by fire
hydrants in order to ensure that the resulting development is a benefit to the community
and not a potential liability.
5. Every effort should be made through applicable code provisions to ensure that the parking
and driveways serving Lots 7 through 10 and 12 do not interfere with collector street
safety or traffic capacity.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) 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. (Postponed from the May
regular meeting). The applicant is Brechan Enterprises, Inc. The location is 3174 Mill
Bay Road and the zoning is B- Business.
Cassidy gave a brief report stating staff recommends approval of this request.
COMMISSIONER WATKINS MOVED to grant 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; subject to no
conditions of approval contained in the staff report dated June 3, 2011, and to adopt the
findings in that staff report as "Findings of Fact" for Case 11 -024.
The public hearing was opened & closed: There was no public testimony.
Brief discussion
In response to COMMISSIONER JANZ' inquiry about the noise, Bill Freimuth, GCI agent, stated
there will be 2 cabinets on the site and each cabinet has its own climate controlled fans and he
believes they will be at the 45 - 50 decibels maximum, similar to a home cooling unit.
In response to COMMISSIONER SCHMITT'S inquiry that the motion makes reference to it
being for cellular communication but is it going to be microwave also, Greimuth stated no, it
will be for cellular, and there will be 6 panel mounted antennas below the 65' level on top of
the tower.
FINDINGS OF FACT
17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the
prperty or intended use of development. which generally do not apply to other
properties in the same land use district.
This property (location) is particularly well suited to support the intended use; the location
and elevation are especially conducive to signal transmissions consistent with the description
and intent of the B- Business zoning district to provide efficient retail service activities.
17.66.050 A.2. Strict application of the zoning o rdinances would result in practical
difficulties or unnecessary hardships.
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Strict application of the zoning ordinance, restricting tower height to fifty (50) feet, would
frustrate effective transmission of signals to enhance cellular phone service for benefit of the
public.
17.66.050 A.3. The granting of the variance will not result in material damages or
prejudice to other properties in the vicinity nor be detrimental to the public's health,
safety and welfare.
No material damages or prejudice to other properties in the vicinity or detriment to public
health, safety and welfare will result from installation of the tower.
17.66.050 A.4. The •rantin • of the variance will not be contra to the objectives of
the Comprehensive Plan.
Granting of the variance will not be contrary to objectives of the Comprehensive Plan as
business /service use is permitted in this zoning district.
17.66.050 A.S. That actions of the applicant did not cause special conditions or
financial hardshi , from which relief is bein • sou • ht b the variance.
No action of the applicant caused special conditions or financial hardship necessitating the
variance.
17.66.050 A.6. That the • rantin • of the variance will not • ermit a I rohibited land
use in the district involved.
Granting of the variance will not permit a prohibited land use as retail service activities are
permitted in the B- Business zoning district, and, in fact, are specifically encouraged by
description and intent of that zoning district.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) Case 11 -026. Request a rezone according to KIBC 17.205.030 (B) (Manner of
Initiation), to investigate the rezone of Tracts A, B, and C, Ouzinkie Harbor Subdivision
from R1 - Single Family Residential to I- Industrial to allow harbor and dock activities
and expansion. The location is Ouzinkie and the zoning is R1- Single Family Residential.
Dvorak gave a report stating this case was initiated by the Planning & Zoning Commission at
the request of the mayor of Ouzinkie. Thirty seven public hearing notices were sent out with
one returned requesting additional information. Staff recommends approval of this request.
CHAIR TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the
rezoning of proposed Tracts A, B, and C, Ouzinkie Harbor Subdivision from R1 - Single Family
Residential to l- Industrial to allow harbor expansion and to link this approval to the filing of a
revised plat as an effective clause to ensure the rezone is forever linked with the Ouzinkie
harbor redevelopment project, subject to the findings contained in the staff report dated May
24, 2011 as "Findings of Fact" for this case.
The public hearing was opened & closed: There was no public testimony.
Brief discussion
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or Amendment.
The land owners, City of Ouzinkie and the Ouzinkie Native Corporation, need this rezone in
order to redevelop the Ouzinkie water front dock area and related tidelands. The site has
historically been used for all manner of commercial and water front industrial uses for many
years. The structures and activities in this area have until now been nonconforming and this
requested change of zoning will provide for the further redevelopment of new waterfront
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industrial structures and activities that will meet the needs of and benefit the Ouzinkie
community.
17.72.020 B. Findin•s as to the Effect a Chan•e or Amendment would have on the
Objectives of the Comprehensive Plan.
The Comprehensive Plan mentions the need and desire for economic diversity and economic
opportunity in the community. The comprehensive plan designates this area for Mixed
Use / Commercial /Waterfront /Residential. At the time the borough does not have a "Mixed
Use" zone so it is necessary to zone for the most intensive uses and most appropriate uses that
the site might be required to provide for. At the present time this is the I- Industrial zone. The
plan also speaks to the need to maintain good two -way communication between the Kodiak
Island Borough and the City of Ouzinkie. This need also applies to the related native
corporations and tribal councils serving the community as well. The rezone will eliminate
certain zoning nonconformities that have pre- existed on the rezone site for many years and
will encourage the kind of re- development that is consistent with both past use and planned
future development.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
E) Case 11 -027. Request a rezone, according to KIBC 17.205.030 (C) (Manner of
Initiation), to investigate the rezone of a portion of U.S. Survey 2735 (Old Rendezvous
site) from RR1- Rural Residential One to RR2 -Rural Residential Two, for a parcel of
land 1.14 acres in area. This parcel, if rezoned, will be combined with an adjacent
parcel to create a single 2.56 acre RR2- Rural Residential Two zoned lot. The applicant
is Jay Johnston. The location is 22077 Chiniak Hwy, Middle Bay and the zoning is RR1-
Rural Residential One; and,
F) (Case 11 -028) A rezone, according to KIBC 17.205.030 (C) (Manner of Initiation), to
investigate the rezone of an unsubdivided portion of Section 28, Township 29 South
and Range 20 West, Seward Meridian, from C- Conservation 1.o RR2 -Rural Residential
Two, for a parcel of land 1.42 acres in area. This parcel if rezoned will be combined
with an adjacent lot to create a 2.56 acre RR2 - Rural Residential Two zoned lot. The
applicant is Leisnoi, Inc. and the agent is Carole Pagano. The location is a portion of
Section 28, T29S R2OW, Seward Meridian and the zoning is C- Conservation.
Dvorak reported 5 public hearing notices were sent out for Case 11 -027 and 7 public hearing
notices were sent out for Case 11 -028. No comments were received prior to tonight's public
hearing. The applications for these cases were submitted separately and each parcel is
currently zoned in a different classification even though they are both being requested to be
rezoned to the RR2 zoning district. This request is related to a preliminary plat that was
approved several months ago. You've already reviewed 1 rezone case on this and there is a
condition of approval. When staff reviewed the subdivision we observed there was a need to
take these 2 parcels in different zoning districts and make sure they end up in 1 district. The
old Rendezvous site has been residential since 1993 and at that time it was rezoned from
Business to RR1 in order to facilitate the redevelopment of the site as single family residential.
The last request was to extend the RR1 zoning to the additional 1.14 acre parcel along the
road frontage that they were looking to acquire and thereby making both lots the same zoning
district which was denied. Staff feels RR2 zoning is the best fit and moves toward conformity
with the Conservation designation in the plan. There isn't an opportunity to create a
conforming lot out of these 2 lots in the Conservation zone. Staff recommends approval the
RR2 zone and forward to the Assembly with a recommendation for approval.
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In response to COMMISSIONER SCHMITT'S inquiry of the parcel owned by Leisnoi, is it on the
tax roll now, Dvorak stated typically ANCSA lands are not on the tax roll until they are
developed.
COMMISSIONER WATKINS MOVED to recommend a rezone from RR1 -Rural Residential One
to RR2 -Rural Residential Two for a Portion of U.S. Survey 2735, a 1.14 acre parcel located near
the Chiniak Highway in Middle Bay formerly known as the Old Rendezvous site, and to
forward the case to the Borough Assembly with a recommendation for approval, subject to an
effective clause that the rezoning will not become effective until a final plat is filed for Case
S11 -003, and to adopt the findings in the staff report dated May 25, 2011 as FINDINGS OF
FACT for this case.
Close regular meeting & open public hearing:
Sara Thayer stated the commission shouldn't even be considering this case because Johnston
doesn't have 2 acres. She stated the last time this was before the commission Mr. Watkins
declared a conflict of interest and was excused from voting because he'd worked for Johnston
and now it's a definite conflict of interest again. Two acre lots don't belong in Middle Bay.
Middle Bay is not in any Comprehensive Plan and it's zoned Conservation with a minimum lot
size of 5 acres.
Marilyn Guilmet stated went through the history of agriculture in Middle Bay. She
understands that RR1 and RR2 allow fireworks and she has lost animals due to fireworks. You
can't mix residential zones with farming. The 5 acre parcels in Middle Bay were not made
primarily for residential living. Whenever this type of zoning is introduced to agricultural
communities what happens is you lose agricultural lands.
Marie Rice stated it seems out of order to be discussing making it RR2 pieces that don't
constitute that much acreage. It's bad policy to have mixed zoning but what's wrong with
someone owning 2 separate lots. To even start zoning this in a way that could encourage
Leisnoi's properties continue on with developments like this. Agriculture is really hurting in
this state. Middle Bay is choice and has a flat acreage.
In response to COMMISSIONER SCHMITT'S inquiry of parcel 2, the land between the road and
the old Rendezvous site, is that currently being farmed, Rice said no.
Jay Johnston requests approval of these requests. This land is not going to be farmed so we
aren't going to increase or decrease the farming in the area, and it won't change how it
functions. We want to ensure nothing in front of us will be built. It can't be subdivided further
if it's RR2.
Todd Hiner stated the law reads in Middle Bay that no one can sell a parcel less than 5 acres. Is
the borough trying to change the codes in the area or to set a precedence. Does 2 illegal lots of
different zonings make a legal lot. Laws and codes are put into place for us to follow.
Stephanie Love stated they bought the old Rendezvous in 1990 so her and Johnston could
make a home. She said they didn't have anything to do with the size of that lot and at that time
it was zoned Business. We asked for a rezone to residential and at that time we paid to have
the easement go across the lot in front of our house. We have always wanted access to that lot
in front of our house so that no one else would build in front of us. We have no intentions of
opening a fireworks stand. She requested approval of this rezone so their lot is a little larger
than it is.
Close public hearing & open regular meeting:
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COMMISSIONER JANZ stated is conformity more important than the intent of the Comp Plan.
She's more in support of rezoning the 2 lots to Conservation with a variance. The Comp Plan
tells us to look at that as Conservation.
During discussion, COMMISSIONER WATKINS clarified that there are several people who
work for several companies in the course of the year and what they have worked out with the
current and past chair and members of the assembly is that he declares a conflict of interest
for 6 months after completion of the job. The last meeting was on, what he thought, the cusp of
six months but it was actually past the 6 months. He stated we have asked for Johnston to
come to a more conforming resolution and he has.
In response to CHAIR TORRES'S inquiry of the far right lot on the north corner on the zoning
map, if the parcel is zoned Industrial and is the southwest corner lot 5 acres, Dvorak stated it
is a 5 acre Industrial lot and the southwest corner lot is 5 acres also. Pretty much all of the
road frontage is spoken for except for just this one 1.14 acre parcel.
In response to CHAIR TORRES'S inquiry of how different is the usage between the Industrial
lot and Conservation lots, Dvorak stated historically, this site has served a number of different
purposes but is largely due to its shoreline location been oriented towards seafood processing
or slaughterhouse so it's been a multi -use site in the past.
CHAIR TORRES stated there is a lot of mixed zoning in the area and we aren't losing any
farmland. If both these cases go through it would be increasing the lot size and it couldn't be
subdivided.
ROLL CALL VOTE ON MOTION FAILED DUE TO A LACK OF QUORUM. 3 -2. The noes were
Casey Janz, Brent Watkins, and Alan Schmitt. The aye was Alan Torres. Brent Watkins and
Alan Schmitt changed their vote from aye to no.
COMMISSIONER SCHMITT asked a parliamentary procedural question.
COMMISSIONER SCHMITT MOVED to recommend a rezone from C- Conservation to RR2 -Rural
Residential Two for a portion of Section 28, T29S, R2OW, Seward Meridian, a 1.42 acre parcel
generally located between the Chiniak Highway and 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, subject to an effective clause that the rezoning will not become
effective until a final plat is filed for Case S11 -003, and to adopt the findings in the staff report
dated May 25, 2011 as FINDINGS OF FACT for this case.
Close regular meeting & open public hearing:
Sarah Thayer stated it would give them more land in front of the old Rendezvous but this is
about zoning. Conservation is 5 acre minimum and the land that Leisnoi wants to sell is 1.42
acres. On the Leisnoi parcel eastern portion, that would block a secondary future access to our
property.
Marilyn Guilmet stated all the farmland has been run out by residential in Homer, Palmer, and
Pt. McKenzie. A farm is a service to the community.
Jay Johnston stated by allowing this it would be increasing the size and it would be bigger,
quieter, and less dense. He doesn't understand how it would be setting a precedence by
allowing this. This RR1 property is not going away, changing it to RR2 doesn't change that or
much of what we could do on our property.
Todd Hiner stated Johnston has an easement that he purchased from Leisnoi so he will never
be landlocked. He's not losing anything and all he's going to do is make a bigger lot by using a
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piece of Conservation combining it into one lot. Why open up a can of worms and let Leisnoi
sell off a 1 acre parcel when they have many acres across the road.
Discussion of not losing any farmland and COMMISSIONERS SCHMITT, TORRES, and
WATKINS spoke in support the rezones, and Casey Janz is opposed to RR2 but open to
Conservation due to the area being identified as agricultural in the Comp Plan.
Close public hearing & open regular meeting:
ROLL CALL VOTE ON MOTION FAILED DUE TO A LACK OF QUORUM. The noes were Brent
Watkins, Casey Janz, and Alan Schmitt. The aye was Alan Torres. Brent Watkins and Alan
Schmitt changed their vote from aye to no.
G) Case S11 -015. Request preliminary approval, according to KIBC 16.40, of a
subdivision of U.S. Survey 3100, Lot 9 and creating Lots 9A, 9B, 9C, and 9D, U.S. Survey
3100. The applicant is Kodiak Ventures, Inc. and the agent is Kevin Arndt. The location
is 3241 Spruce Cape Road and the zoning is R2 -Two Family Residential.
Cassidy reported the subdivider is proposing to add a plat note along the flagstems to the rear
lots so they can be used as utility easements and also be used by the front lots to access their
property. There are topographic constraints along Spruce Cape Road and it will only create
one driveway on Spruce Cape Road. Staff recommends approval of this request.
COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40, of
a subdivision of U.S. Survey 3100, Lot 9 and creating Lots 9A, 9B, 9C, and 9D, U.S. Survey 3100,
subject to one (1) condition of approval contained in the staff report dated June 3, 2011, and
to adopt the findings in that staff report as "Findings of Fact" for case S11 -015.
The public hearing was opened & closed: Kevin Arndt stated he was there to answer any
questions.
CONDITIONS OF APPROVAL
1. The subdivider is required to record an "Access and Utility Easement Maintenance
Agreement ", acceptable to the Director of the Community Development Department, in the
form of a subdivision covenant.
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
H) Case S11- 016. Request preliminary approval, according to KIBC 16.40, of a
subdivision of Lot 1, Block 4, U. S. Survey 4926 and creating lots 1A and 1B, Block 4, U.S.
Survey 4926. The applicant is the City of Akhiok and the agent is St. Denny Surveying.
The location is Akhiok and the zoning is R1- Single Family Residential.
Cassidy reported this is a subdivision of a lot in Akhiok to separate the teacherage and
generators from the rest of the surrounding lot. It's the intention of the City of Akhiok to sell
and the intention of the borough to purchase that lot. You will be seeing a rezone case for this
property on the next month's agenda to rezone this property to PL- Public Use Lands.
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In response to COMMISSIONER WATKINS inquiry of in the staff report, page 4 of 6, Resolution
2011 -06 contains a restrictive caveat for the sole purpose that (inaudible) for teacher
housing, is that the borough's intent to have teacher housing, Cassidy stated it is the borough's
intent to have teacher housing. There isn't much housing in Akhiok and the borough
purchased this house for that reason so there will always be a teacherage there.
CHAIR TORRES called a 5 minutes recess at 8:40 p.m.
CHAIR TORRES reconvened the meeting at 8:45 p.m.
COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of a
subdivision of Lot 1, Block 4, U. S. Survey 4926 and creating lots 1A and 1B, Block 4, U.S.
Survey 4926, subject to one condition of approval, and to adopt the findings in that staff
report dated June 3, 2011 as "Findings of Fact" for case S11 -016.
The public hearing was opened & closed: There was no public testimony.
CONDITIONS OF APPROVAL
1. Proposed Lot 1A and Lot 1B Block 4 United States Survey 4296 must be rezoned to an
appropriate zoning district prior to final plat recording.
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
OLD BUSINESS
There was no old business
NEW BUSINESS
There was no new business.
COMMUNICATIONS
A) Letter of Courtesy & Advisory re: 30 day extension of occupancy of a second
dwelling unit in the RR -1 zoning district.
Cassidy stated it's not on the agenda but we will be doing an ACMP flight around the island
and we'll be contacting folks when the weather gets better.
COMMISSIONER WATKINS MOVED to accept communications.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting Schedule:
• July 13, 2011 work session at 6:30pm in the KIB Conference Room.
• July 20, 2011 regular meeting at 6:30pm in the Assembly Chambers.
B) Minutes of Other Meetings
• April 12, 2011 Parks & Recreation Committee minutes
• April 26, 2011 Parks & Recreation Committee minutes
6/15/2011 P &Z Minutes Page 10 of 11
•
C) Abbreviated and Final Approval - Subdivisions
Cassidy gave a brief update on the Trails Plan stating the comment period ends on September
1st. The hope is to adopt the plan in September and have it to the commission in October. He
also gave a report on the abbreviated and final subdivision approvals.
COMMISSIONER WATKINS MOVED to accept reports.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
There were no audience comments.
COMMISSIONER'S COMMENTS
Casey Janz stated at last night's P &R meeting Natasha Hayden was there with a request and a
motion was made to investigate working collaboratively on a parks and fields plan.
Alan Torres asked Cassidy about the activity going on at Otmeloi Park.
Cassidy stated further upstream a gentleman's 500 gallon oil tank ruptured after he just filled
up and traveled down a distance to enter Otmeloi Park's pond and then cross the road into the
ocean. ADEC and the Coast Guard and other agencies are involved.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR TORRES adjourned the meeting at 8:55 p.m.
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
By:
Alan Torres, Chair
ATTEST
By: 1\ XIe1y7, C i1llJ(11
Sheila Smith
Community Development Dept.
APPROVED: July 20, 2011
6/15/2011 P &Z Minutes Page 11 of 11