2011-11-16 Regular Meeting KODIAK ISLAND BOROUGH r \ I
PLANNING & ZONING COMMISSION ' , ±; a'
SAN - 3 2011
MINUTES
November 16, 2011 6:30 p.m. in the Assembly', Cliambers '
CALL TO ORDER
CHAIR TORRES called to order the November 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
Brent Watkins requested to be excused.
Commissioners present were Casey Janz, Bill Kersch, Alan Torres, Jay Baldwin, Alan Schmitt,
and Rick Vahl. Excused was Brent Watkins. 4 ,
A quorum was established.
COMMISSIONER JANZ MOVED to excuse Brent Watkins.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF AGENDA
COMMISSIONER SCHMITT stated he wishes to remove Case 12 -020 from tonight's agenda,
and invite the applicant to submit a request for Zoning Compliance to the Community
Development Department for regular administrative review and processing.
COMMISSIONER SCHMITT MOVED to approve the agenda as amended.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER SCHMITT MOVED to approve the October 19, 2011 Planning & Zoning
Minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were none.
PUBLIC HEARINGS
A) Case 12 -016. Request a Similar Use Determination, per KIBC 17.15.090 A, finding
daycare services are similar in character and impact to a permitted church use. The
applicant is the River of Life Christian Fellowship Church and the agent is Pastor Emma
Gonzalez. The location is 2050 Selief Lane and the zoning is R2 -Two Family Residential.
Cassidy reported daycare is not a permitted allowed use in the R2 Zoning District but through
a Similar Use Determination they will be allowed if found by the commission that the daycare
is similar in character and impact to an existing use allowed in that district. The application
proposes that the daycare, which is for up to 47 children, is similar in character and impact to
11/16/2011 Page 1 of 12 P &Z Minutes
a church. Staff feels a daycare is similar in character and impact to a school and not a church,
and that there is sufficient parking.
COMMISSIONER SCHMITT MOVED to grant a similar use determination, per KIBC 17.15.090
A, finding daycare services are similar in character and impact to a permitted church use.
The public hearing was opened & closed: There was no public testimony.
Brief discussion
ROLL CALL VOTE ON MOTION FAILED 5 -1. The noes were Casey Janz, Bill Kersch, Alan
Torres, Alan Schmitt, and Rick Vahl. The aye was Jay Baldwin.
COMMISSIONER SCHMITT MOVED to grant a similar use determination, per KIBC 17.15.090
A, finding daycare services are similar in character and impact to a permitted school use,
subject to One Condition of Approval, and to adopt findings of fact in the staff report dated
November 4, 2011, as Findings of Fact for Case No. 12 -016.
CONDITIONS OF APPROVAL
1. Prior to receiving zoning compliance for the approved similar use, the applicant must
provide documentation attesting to Fire Marshall review and approval of the building for
the daycare services occupancy.
FINDINGS OF FACT
1. This similar use determination is based upon the information submitted by the applicant,
and review of the applicable zoning requirements and land use characteristics.
2. The proposed daycare services is determined to be similar in character and impact to a
permitted school use on the basis of land use and zoning criteria.
3. The approved similar use will be located on the periphery of a residential neighborhood,
mitigating potential adverse traffic impacts.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) Case 12 -017. Request a Variance from KIBC 17.105.040 C (Rear Yards), in
accordance with KIBC 17.195.050 Variances, to allow the construction of a building
encroaching fifteen feet into the required twenty-foot rear yard setback. The applicant
is Jeff Steele and the agent is Ken Knowles. The location is 220 Sargent Creek Road and
the zoning is I- Industrial.
Cassidy reported the applicant has requested postponement until the December regular
meeting.
COMMISSIONER VAHL MOVED to grant a Variance from KIBC 17.105.040.0 (Rear Yards), in
accordance with KIBC 17.195.050 (Variances), to allow the construction of a building
encroaching fifteen (15) feet into the required twenty-foot rear yard setback.
The public hearing was opened & closed: There was no public testimony.
Discussion
COMMISSIONER SCHMITT MOVED to postpone this case until the December 21, 2011
Planning & Zoning Commission meeting.
ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY.
C) Case 12 -018. Request a Conditional Use Permit, per KIBC 17.200.050 Standards,
allowing the establishment of a lodge with provisions for more than six clients, in
11/16/2011 Page 2 of 12 P &Z Minutes
accordance with KIBC 17.50.040 D. The applicant is Koniag, Inc. and the agent is Sonny
Vinberg. The location is within Section 36, Township 32 South, Range 30 West, Seward
Meridian, Camp Island and the zoning is C- Conservation.
Cassidy reported Koniag is requesting a Conditional Use Permit to construct a lodge for up to
28 guests and does not include support staff. They currently have approval for a lodge to
serve 6 clients. Camp Island is privately owned by Koniag, and the refuge purchased a
Conservation Easement from Koniag that accomplishes 2 goals: it limits Koniag's
development, and also preserves the wilderness characteristics for fish, birds, and bears
important to the refuge. The conservation easement allows development up to 6 acres and
allows a lodge for up to 28 guests. A big concern is what is Koniag going to do with
wastewater and garbage, and they've put together a plan that includes the approvals as well.
COMMISSIONER BALDWIN MOVED to grant a conditional use permit (CUP), according to
KIBC 17.200.050 Standards, allowing the establishment of a lodge with provisions for more
than six (6) clients, in accordance with KIBC 17.50.040.D, subject to stipulations, and to adopt
the findings contained in the staff report dated November 2, 2011, as FINDINGS OF FACT for
case 12 -018.
The public hearing was opened & closed. Public testimony was given by:
Sonny Vinberg, agent, spoke in support of this request and stated Koniag is pretty much at
capacity and he does not anticipate any future needs to go to 40 guests within the 6 acre
confines.
Discussion
STIPULATIONS
1. This approval is based upon the materials submitted in the application for this case and as
such only that information which has been presented to, and approved by, the Planning &
Zoning Commission may be permitted by subsequent zoning compliance permit.
2. The occupancy of the site is limited to a maximum of 28 guests (plus staff) as proposed in
the application for this case and the occupancy of the site cannot be increased without
triggering a new Conditional Use Permit review for the expansion of use.
FINDINGS OF FACT
1. That the conditional use will preserve the value spirit character and integrity of the
surrounding area.
The general area has long been used by state and federal agencies as a headquarters for fish
and wildlife management activities. More recently, Koniag, Inc. has uses its land on Camp
Island for small scale lodge purposes. In some respects, the relative isolation of Camp Island
lends itself to the historical pattern of use and development and the proposed expansion of
this use should not unreasonably change this situation.
2. That the conditional use fulfills all other requirements of this chapter pertaining to
the conditional use in question.
The requested Conditional Use is a listed conditional use in the applicable zoning district.
Review and public hearing before the Planning & Zoning Commission will ensure the fullest
practicable examination of potential concerns which, if determined to exist, may then be dealt
with through stipulations on the CUP.
3. That granting the conditional use permit will not be harmful to the public health,
safety. convenience and comfort.
11/16/2011 Page 3 of 12 P &Z Minutes
Responsible development that meets the requirements of the Alaska Department of
Conservation and follows the guidelines of the Alaska Department of Fish and Game
pertaining to bear attractants will protect the public's health and safety.
The construction of lodge facilities sufficient to accommodate twenty-eight (28) clients will
have infrastructure that is properly scaled to support the development in accordance with all
applicable state and federal regulations.
4. 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.
The subject parcel exceeds the zoning district's minimal size requirement of five (5) acres.
The full size of the site is 23.89 acres, of which the development is clustered on approximately
six (6) acres.
5. The proposed use or structure is located in a manner which will maximize public
benefits.
The proposed expansion of lodge activity and structures is not intended for public use and
does not constitute a public facility. As such this standard is not applicable to the review.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) Case 12 -019. Request a Similar Use Determination, per KIBC 17.15.090 A, finding a
logging camp and support facility are similar in character and impact to a permitted
seafood processing and dormitory use. The applicant is Bill Wren. The location is USS
2735, Tract A, Middle Bay and the zoning is I- Industrial.
Cassidy reported the applicant is requesting that a logging camp be similar in character and
impact to a permitted use seafood processing plant. It's the former Middle Bay processing
plant. This request is to allow it to be used for living purposes, logging trucks, maintenance,
warehousing, storage, and the like. The commission is to determine if that kind of use is
similar in character and impact to a seafood processing plant.
COMMISSIONER JANZ MOVED to grant a similar use determination, per KIBC 17.15.090 a,
finding a logging camp and support facilities are similar in character and impact to a
permitted seafood processing plant and dormitory use in the I- industrial zoning district on
Tract A, U.S. Survey 2735, subject to the stipulations contained in this staff report, and to
adopt the finding contained in the staff report dated October 25, 2011, as findings of fact for
this case. Staff recommends approval with 5 conditions.
The public hearing was opened & closed: There was no public testimony.
Discussion
STIPULATIONS
1. The use and layout of the site will be limited to the extents of the use described in the site
plan and related narrative submitted by the applicant for this case. Any substantial change
or expansion of the use will require a new review to determine that it remains consistent
with similar use determination.
2. The similar use is deemed to be short -term and temporary in nature and as such is only
allowed to operate on this site for a maximum of five (5) years from the date of
commission approval.
3. The property owner shall obtain all after- the -fact permits for the utilization and re-
development of the site as though this were a new use being proposed for development of
this site.
11/16/2011 Page 4 of 12 P &Z Minutes
4. Specific approvals that the property owner is required may include, but is not limited to, a:
a. zoning compliance permit
b. ADEC approval of wastewater systems
c. inspection of the access road by the Fire Marshal for adequacy under the applicable fire
code provision for driveways supporting the uses on this site.
d. building permit and inspections for utility connections, tie downs, and other related
items.
The applicant will have six (6) months from the date of commission approval to obtain all
required permits for this project.
5. During the duration of this temporary (similar) use, the property owner is not permitted
to establish any other industrial uses on the site unless the logging camp and support
facility use has been terminated or relocated to another legal location.
FINDINGS OF FACT
1. This similar use determination is based upon the information submitted by the applicant, a
review of applicable zoning requirements and the physical attributes of the site and
surrounding area.
2. The proposed logging camp and support facilities, subject to certain stipulations, is
determined to be similar in character and impact to a permitted seafood processing
establishment and related dormitories, allowed as a permitted use in the I- Industrial
zoning district.
3. The proposed logging camp and support facilities are considered to be a temporary use in
this area due to the nature of timber harvest and the long time required before a new
harvest will be required in this area once the current harvest is completed.
4. The Logging Camp use utilizes travel /camping trailers as dwelling units. Travel /camping
trailers are designed for occasional and long term camping, but are not designed, nor are
they intended to be used, as permanent dwelling units in any context.
5. This is an after- the -fact review and, as such, any permits that would have been properly
required prior to the establishment of the land use will now have to be obtained as "after -
the- fact" permits. The granting of a similar use determination does not excuse the
property owner developer from all local, state and federal regulations.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
7. E) Case S12 -008. Request preliminary approval, according to KIBC 16.40 and 16.60 to
consolidate lot 6B -1A and 6B -1B into a single parcel and vacating a radial antenna
tower easement. The applicant is the City of Kodiak. The location is 612 & 614 Egan
Way and the zoning is PL- Public Use Lands.
Cassidy reported this case is a subdivision of city land located across the street and has been
identified as the site of the proposed library. The subdivision does 2 things; it removes a
property line between 2 lots to make 1 large lot, and also removes a radio antenna easement
for a tower that was on an adjacent property that no longer exists. Staff recommends
approval.
COMMISSIONER SCHMITT MOVED to grant preliminary approval, according to KIBC 16.40
and 16.60 to consolidate Lot 6B -1A and 6B -1B into a single parcel to be known as Lot 6B -1C
and vacating the radial antenna tower easement found on this lot, subject to the Condition of
Approval and Findings of Fact found in the staff report dated October 21, 2011.
The public hearing was opened & closed: Public testimony was given by:
11/16/2011 Page 5 of 12 P &Z Minutes
Aimee Kniaziowski, City Manager, spoke in support of this request.
Discussion
CONDITIONS OF APPROVAL
1. The vacation of the radial antenna easement is not effective unless approved by the
Council of the City of Kodiak.
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
7. F) Case S12 -009. Request Preliminary approval, according to KIBC 16.60, of the
vacation of 30 feet of Perenosa Drive Right -of -Way adjoining Lots 5 and 6, and a portion
of Lot 1, Block 2, Trinity Islands Subdivision. The applicant is Robert W. Barton. The
location is 3390 Tugidak Court, 3551 & 3573 Sitkinak Drive and the zoning is R3- Multi-
family Residential.
Cassidy reported this request is to vacate just a portion of Perenosa Drive Right -Of -Way. The
applicant has to meet the burden which is to show there is no public value in the Right -Of-
Way. Staff suggests there is a public value and it should not be vacated. We don't know what
future use may need that Right -Of -Way. The request is for one side of the Right -Of -Way and
pushes any future uses to the other side of the Right -Of -Way and will impact those who are
not part of this case. Staff recommends denial of this request. The Parks & Recreation
Committee reviewed this also and they recommend leaving the Right -Of -Way in its totality,
and the Lands Manager also is recommending the Right -Of -Way be left as is.
COMMISSIONER SCHMITT MOVED to grant preliminary approval vacating a portion of the
Perenosa Drive right -of -way adjoining Lots 5 and 6, and a portion of Lot 1, Block 2, Trinity
Islands Subdivision.
The public hearing was opened & closed. Public testimony was given by:
Myrna Barton spoke in support of the request and stated it's impossible to prove that the
right -of -way in question is of no value to the borough. She also stated this proposal isn't
substantially different than Case S12 -005 heard by the commission at their October 19, 2011
meeting and approved.
Art Schultz spoke opposing the request and stated the heavy traffic across his lot
demonstrates the heavy need for access between Trinity Island Subdivision and the rest of the
growing neighborhood. Lot owners were previously denied twice to vacate this right -of -way.
He urged the commission to deny this petition and maintain the long planned public use of
this road.
During discussion, there was consensus that the right -of -way has public value.
ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY
COMMISSIONER SCHMITT MOVED to adopt the findings for the denial of this request
contained in the staff report dated October 24, 2011, as "Findings of Fact" for this case.
11/16/2011 Page 6 of 12 P &7. Minutes
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 this right of way is not surplus to the public's needs.
2. The value to the public for this right -of -way for any 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.
4. Through a land use permit system, the owners may be able to utilize this public property
for their private use.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
G) Case 12 -020. Request a Variance from KIBC 17.175.040 (Off- street parking), in
accordance with KIBC 17.195.050 Variances, to allow the establishment of a two - family
dwelling with provisions for four off - street parking spaces rather than the required six
spaces. The applicant is Rachel Pence. The location is 613 Upper Mill Bay Road and the
zoning is R2 -Two Family Residential.
The Commission removed Case No. 12 -020 from the agenda, and the applicant was invited to
submit a request for Zoning Compliance to the department for regular administrative review
and processing.
7. H) Case S12 -010. Request a vacation and replat and land trade of various lots and
parcels that comprise the Harbor Enterprises /Petro Marine Fuel Depot land holdings
and the Russian Orthodox Church to create Lots 1 and 2 Harbor Enterprises Fuel Depot
Subdivision and more specifically described as:
Creating Lot 1, Harbor Enterprises Fuel Depot Subdivision by the consolidation of the
following 8 parcels described as: Lot #1 - (the vacation of that Part of Parcel 2
(Warranty Deed BK78, PG 938) lying northwesterly of East Marine Way (part of USS
559); Lot #2 - (Parcel 3 (Lot 19, Block 2, USS 2537B)); Lot #3 - (Parcel 4 (vacated 10'
wide ROW adjacent to Lot 19, Bk 2 USS 2537B)); Lot #4 - (Parcel 5 (Lot D, Tract A, USS
444)); Lot #5 - (Parcel 6 (Lot B, Tract A USS 444)); Lot #6 - (Lot A, Tract A, USS 444));
and Lot #7- (Lot 20, USS 2357B); and a portion of proposed Lot 2 Harbor Enterprises
Fuels Depot: and Creating Lot 2, Harbor Enterprises Fuel Depot, a tract of land that
houses the Russian Orthodox Church and a portion of proposed Lot 1, Harbor
Enterprises Fuel Depot Subdivision all properties being part of USS 444, USS 559 and
USS 2537B. The applicant is Harbor Enterprises dba Petro Marine Services. The
location is 312 Mission Road and the zoning is I- Industrial.
Cassidy reported Petro Marine is consolidating a number of lots that were created by deed.
This will clean up a historical part of town. It creates 2 lots; 1 is going to consolidate Petro
Marine's improvements on the upland side of their operation, and they will also do a land
trade with the Russian Orthodox Church. There are a number of historical graves. Staff
recommends approval subject to 5 conditions. There is a letter from Father Innocent
requesting postponement of the action and Cassidy suggests it isn't needed because the plat
can't be recorded unless it is signed by a representative of the church.
COMMISSIONER BALDWIN MOVED to approve a vacation and replat and land trade of various
lots and parcels that comprise the Harbor Enterprises /Petro Marine Fuel Depot land holdings
11/16/2011 Page 7 of 12 P &Z Minutes
and the Russian Orthodox Church to create Lots 1 and 2 Harbor Enterprises Fuel Depot
Subdivision and more specifically described as:
Creating Lot 1, Harbor Enterprises Fuel Depot Subdivision by the consolidation of the
following 8 parcels described as: Lot #1 - (the vacation of that Part of Parcel 2 (Warranty
Deed BK78, PG 938) lying northwesterly of East Marine Way (part of USS 559); Lot #2 -
(Parcel 3 (Lot 19, Block 2, USS 2537B)); Lot #3 - (Parcel 4 (vacated 10' wide ROW adjacent to
Lot 19, Bk 2 USS 2537B)); Lot #4 - (Parcel 5 (Lot D, Tract A, USS 444)); Lot #5 - (Parcel 6
(Lot B, Tract A USS 444)); Lot #6 - (Lot A, Tract A, USS 444)); and Lot #7- (Lot 20, USS
2357B); and a portion of proposed Lot 2 Harbor Enterprises Fuels Depot: and Creating Lot 2,
Harbor Enterprises Fuel Depot, a tract of land that houses the Russian Orthodox Church and a
portion of proposed Lot 1, Harbor Enterprises Fuel Depot Subdivision all properties being
part of USS 444, USS 559 and USS 2537B subject to the conditions of approval and findings of
fact in the staff report dated October 21, 2011.
The public hearing was opened & closed. Public testimony was given by:
Father Innocent Dresdow stated the issue is that in 1981 there was an extensive amount of
historic research done into the property surrounding the church by Father Kreta and the title
company. The church has been here since 1794 and is a place of pilgrimage. The church is the
most beautiful structure in Kodiak and is the most photographed structure in Kodiak. Petro
Marine was responding to Homeland Security increasing the fence size (chain link) and put no
parking signs across from the church. The concern right now is the graveyard site, that has a
picket fence going by it and it's directly across from their parking area off of Mission Road.
They want to continue the chain link fence and it would go in front of the picket fence, and
being this is such a photographed building, historically, the church already feels crowed out
and for such a valuable piece of property we would like to recommend that a chain link fence
won't be erected in front of the existing picket fence that is there.
Discussion
CONDITIONS OF APPROVAL
1. Letter of non- objection from the City of Kodiak allowing miscellaneous items to remain on
city land (speed bump, handicapped ramp located on Mission Road, and guard rail
protecting the fuel tanks);
2. Confirmation that the distance of the lot line adjacent to East Marine Way is 250.78 feet
and not 15 feet shorter;
3. Provide a legal description of the parcel that houses the Russian Orthodox Church that is
consistent with subdivision standards;
4. Removal of the large scaled Lot 2 detail found at the top of the plat. This information is an
expanded portion of the plat that can also be enlarged at any scale once scanned; and
5. Include a signatory line under the Ownership Affidavit on the plat for representatives of
the Russian Greek Church Mission Reserves to sign as an owner of property affected by the
plat.
FINDINGS OF FACT
1. Approval of this preliminary plat is in the public interest creating a valid survey plat in this
older section of the City of Kodiak; one that creates and reestablishes land ownership
boundaries.
2. This request meets the minimum application standards of Title 16 Subdivision of the
Kodiak Island Borough Code;
3. This plat meets all the minimum standards of Title 17 Zoning of the Borough Code.
11/16/2011 Page 8 of 12 P &Z Minutes
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
I) Case 12 -015. Request a review of Parks & Recreation Committee recommendations
and other communications, according to KIBC 2.120.030.D, for the Draft Kodiak Road
System Trails Master Plan prior to review and adoption of the plan by the Kodiak Island
Borough Assembly. The Planning & Zoning Commission will render its own
recommendation within 30 days or the plan will be deemed to be approved and
forwarded to the assembly on that basis; and
A review, according to KIBC 2.105.030.A & J, of the Draft Kodiak Road System Trails
Master Plan, as a proposed new element of the Kodiak Island Borough Comprehensive
Plan once adopted by the assembly. The applicant is the Parks & Recreation Committee.
The location and zoning varies.
Cassidy reported this plan has been a vision for about 10 years with the bulk of the work
being done in the past 2 years. A lot of effort has gone into it. You postponed it last month to
offer the public another opportunity to testify. Since then several folks have come in to show
where corrections needed to be made. Those corrections have been made and after this
meeting there will be a fresh plan with the corrections made to give to the Assembly. Adopting
this plan will allow us to receive trail grants. This will give the community to prioritize and
improve the trails. The plan also identifies "Safe Routes to Schools" which is critical routes
where kids can walk safely. It also creates a trails network to link neighborhoods to schools.
Cassidy said once the plan is adopted we will have a map that the public can use to identify
where the trails are.
COMMISSIONER SCHMITT MOVED to recommend to the Borough Assembly to review and
approve the Kodiak Road System Trails Master Plan, September 2011 by the Kodiak Island
Borough Parks and Recreation Committee and Alta Planning and Design and that it be
adopted as a component to the Kodiak Island Borough Comprehensive Plan Update and to
adopt the findings in the staff memo dated October 4, 2011, as "Findings of Fact" for Case 12 -
015.
The public hearing was opened & closed: Public testimony was given by:
Patrick Saltonstall, Parks & Recreation Committee member, spoke in support of the Trails Plan
and stated that it will also maintain access to what we have on the road system.
Discussion
FINDINGS OF FACT
1. The Kodiak Island Borough Parks and Recreation Committee has forward to the Planning
and Zoning Commission a recommendation to approve the Kodiak Road System Trails
Master Plan.
2. The Commission recognizes the substantial public input and quality of this work product
by the parks and recreation committee and consultant in the development of this plan.
3. The Commission finds that the Kodiak Road System Trails Master Plan is a significant
document to guide trail use and development into the future for all trails user groups.
ROLL CALL VOTE ON MOTION UNANIMOUSLY
7. OLD BUSINESS
A) Case 12 -014. Adopt findings of fact in support of the commission's approval at their
October 19, 2011 regular meeting, of a rezone, according to KIBC 17.205.030.C, to
consider a change of zoning for Lot 4, Block 5, Miller Point Alaska Subdivision, from
11/16/2011 Page 9 of 12 P &Z Minutes
RR1 -Rural Residential One to B- Business. The applicant is Dayton Wandersee. The
location is 4210 Otmeloi Way and the zoning is RR1 -Rural Residential One.
Cassidy reported with the adoption of Findings of Fact you will complete your action on this
case. Findings are your reasons why you voted like you did. Approval of these findings will be
forwarded to the Assembly with an ordinance to rezone that property. The Assembly will hold
a public hearing.
COMMISSIONER VAHL MOVED to adopt the Findings in the staff memorandum dated
November 4, 2011 as Findings for Case No. 12 -014.
During discussion COMMISSIONER JANZ stated she wasn't here last month but if she was she
would have voted against the request and she will be voting no on it tonight.
FINDINGS OF FACT
17.205.020 A. Findings as to the Need and lustification for a Change or
Amendment.
A.1.V As stated in the KIB Comprehensive Plan: To regulate and manage land uses to balance
the rights of private property owners with community values and objectives. The need for a
change is to maximize compatibility of adjacent land uses. The Lot in this case is across the
street from long term sites used for commercial use; Bayside Fire Department across Rezanof
Dr. and Kodiak Electric Company storage lot across Otmeloi Dr.
A.2.K Current use fits the rezone request
A.3.K Adjacent properties are Business / Industrial
17.205.020 B. Findings as to the Effect a Change or Amendment would have on the
Objectives of the Comprehensive Plan.
B.1.V The Comprehensive Plan proposed future land use map identifies this Lot as Rural
Residential. The change in zoning from Rural Residential to Commercial would be consistent
with land use across Otmeloi Dr. and Rezanof Dr. The change enhances the operation of an
existing local business while not disrupting adjacent neighborhoods. Public Hearing Notices
(30) were mailed on September 14th, 2011 and 2 responses were received by the Borough in
support of the change.
17.205.020 C. Recommendations as to the approval or disapproval of the change
or amendment.
C.1.V The Kodiak Island Borough Planning & Zoning Commission recommends approval of
this rezone request.
ROLL CALL VOTE ON MOTION CARRIED 4 -2. The ayes were Alan Torres, Bill Kersch, Jay
Baldwin, and Rick VahL The noes were Casey Janz and Alan Schmitt.
NEW BUSINESS
There was none.
COMMUNICATIONS
A) Waiver approval letter dated October 10, 2011
B) Violation Abatement Letter dated September 19, 2011
C) Courtesy & Advisory Letter re: a Previous Variance Granted dated October 17, 2011
D) Notice of Compliance re: an Unauthorized Encroachment into State Right -of -Way dated
October 17, 2011
E) Thank You Card to the Commission from Dayton Wandersee
Cassidy gave a brief report on the communications.
11/16/2011 Page 10 of 12 P &Z Minutes
COMMISSIONER SCHMITT MOVED to accept communications as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting schedule
The next meetings will be the November 17, 2011 PAC /P &Z /Assembly Special Work Session
at 7:30 p.m. in the Assembly Chambers, the December 14, 2011 Planning & Zoning
Commission work session at 6:30pm in the KIB Conference Room, and the December 21, 2011
Planning & Zoning Commission regular meeting at 6:30pm in the Assembly Chambers.
B) Minutes of Other Meetings
• August 23, 2011 Parks & Recreation Minutes
• September 13, 2011 Parks & Recreation Minutes
COMMISSIONER SCHMITT MOVED to accept reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
There were none.
COMMISSIONER'S COMMENTS
Rick Vahl said when he sees people putting personal items in the public right -of -way, it seems
really unfair. He thought the staff reports were put together well.
Bill Kersch said he didn't see the red line because he's color blind and that's why he couldn't
see the fence because it's under the red line.
Jay Baldwin said he may not be available for the joint meeting tomorrow night, and he may be
out of town for the work session but he'll be here for the December regular meeting.
Casey expressed appreciation for being allowed to go to the training in Fairbanks and she
thought it was the best training yet. She said we talked at the work session about scheduling
some time to have discussion re: the things we learned, how things could be done differently,
and maybe working on different scenarios and practicing writing findings of fact because of
the importance of doing a good job. Janz went on the mobile workshop to view an energy
efficient home that was pretty remarkable. Janz recognizes Alan Schmitt's efforts in going
through the Trails Plan with a fine tooth comb. Janz will be out of town for the December
meetings and requests to be excused.
Alan Schmitt said he will be gone for both meetings in December also and requests to be
excused. He said he attended the Southwest Alaska Transportation Plan Update meeting. One
of the presenters was Bob Daw, who was with the Marine Highway System for many years.
Schmitt asked him about the plans to replace the Tustamena and Daw's reply was that are the
3 ferries in the Southeast that need to be replaced before the Tustamena but he said those
ferries in the southeast are used in protected waters and have a much longer life than the
Tustamena does because of the Tustamena going on the open ocean. It's not only the problem
with reliability of the ferry to be concerned about but it's also safety. The Tustamena is getting
old and it takes a beating out there. He recommended everyone go their website to fill out a
survey, southwestalaskatransplan.com. It's a big part of planning ahead for our area. Schmitt
asked Cassidy of how can we get started on doing a traffic plan for the Perenosa Drive,
Sitkinak Drive area.
11/16/2011 Page 11 of 12 P &Z Minutes
Cassidy said it's not just a traffic plan for that area, it's traffic planning throughout town. We
do land use planning and we don't have a strong traffic component. What do we see the traffic
pattern looking like in 10 or 15 years? We just don't do that kind of thing. It's hiring someone
who has expertise in that discipline.
Alan Torres said he wants to echo the sentiment about the training; it was outstanding and
he's happy to have the opportunity to go. He said we talked about it at the work session and
he hopes staff can add the P &Z results letters to communications on the agenda.
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CHAIR TORRES adjourned the meeting at 8:36 p.m.
KODIAK ISLAND BOROUGH
PLANNING & ZONING C MMISSION
By: -
Alan Torres, Chair
ATTEST
By: nQ.G- LCY'nl uU )
Sheila Smith, Secretary
APPROVED: December 21, 2011
11/16/2011 Page 12 of 12 P &Z Minutes