Kodiak Island Borough planning commission backs land disposal, subdivision and three rezonings; approves name change for new road in Old Harbor

The Kodiak Island Borough Planning and Zoning Commission voted unanimously May 16 to recommend a borough land disposal, approve a preliminary subdivision that creates the Tsunami Subdivision in Old Harbor, and approve three rezonings tied to those plats and to a separate lot intended for seafood processing.

The actions affect: a small easement adjacent to Lot A5, Russian Creek Subdivision (addressed as 522 Leeta/Lita Street) for bank-stabilization work; the preliminary plat that creates Tsunami Subdivision Lot 1 and an associated right-of-way to be named Tsunami Road; a rezoning of the new Tsunami Lot 1 from single-family residential (R-1) to business (B) to allow office uses and recognize an existing tsunami shelter; and a rezoning of the Nuneec Subdivision Lot 1 to industrial to allow a seafood processing facility. All votes were 5-0 in roll calls recorded on the record.

Why it matters: the land disposal clears an easement issue so a property owner can obtain permits to stabilize an eroding streambank on the Russian River; the Old Harbor approvals change the zoning and create a public right-of-way that will affect addressing and future development in that community; and the Nuneec rezone changes permitted uses for an existing building and creates a front-setback nonconformity the owner must consider before expanding the structure.

Chris French, the borough director who presented staff reports, told commissioners the land disposal request concerns “an easement adjacent to Lot A5, Russian Creek Subdivision” at 522 Leeta Street and that the easement runs approximately 75 feet to the top of the bank of the Russian River. French said the easement is needed “to conduct erosion control activities to protect the property at 522 Leeta Street from damages related to flooding and natural rechannelization of the Russian River.”

During the hearing on the subdivision (file S25-006), staff described a replat that vacates several lots in Block 1A (Plat 78-6), creates Lots 5B and 7B in that block, and subdivides a portion of US Survey 4793, Tract E to create the Tsunami Subdivision Lot 1 and a proposed right-of-way. French said the city of Old Harbor asked that the new right-of-way not be named Landfill Road; staff therefore included a condition of approval to change the right-of-way name to Tsunami Road so the city’s addresses would not be off “Landfill Road.” The commission approved the subdivision with that condition.

French said the rezoning request tied to that subdivision (case 25-005) would change the new lot from R-1 single-family residential to B business district to allow both government and corporate offices in an existing building that also serves as Old Harbor’s tsunami shelter. Staff recommended approval based on the borough’s comprehensive-plan materials summarized in the agenda packet.

For case 25-004, the commission approved rezoning a lot in the Nuneec Subdivision from R-1 to industrial to permit a seafood processing facility. French told the commission that there was a question about front-yard setback differences: an R-1 requirement cited in the staff discussion is a 25-foot minimum front-yard setback, while the industrial zoning standard mentioned in the staff report referenced a 30-foot front setback. French said borough legal counsel advised that because the subdivision and rezone were being processed together, a separate variance for the front setback was not required; however, once the rezone is effective the existing building would be a legally nonconforming structure for the front setback and could not be expanded in the future without obtaining a variance.

A member of the public, Bernadette DePlaysis Finke, identified herself during the land-disposal public hearing as a resident at “522 Leeta Street” and urged commissioners to approve the easement so she could obtain permits to stabilize the stream bank and protect her house from erosion. “Please approve it because I don't want my house to end up in Woman's Bay,” Finke said.

Commissioners asked no substantive questions of the public and provided only brief affirmative comments before each roll-call vote. Each contested item included a staff report and recommended findings of fact in the agenda packet; commissioners approved the staff recommendations and forwarded the land-disposal recommendation to the Assembly for final action.

In director’s report items, French announced the borough’s Plan 2045 land-use and housing workshops will be held April 22, 2025, at Kodiak High School and that staff will host work sessions May 14 on proposed code changes for assisted living uses and short-term rentals; the Pet-Related Use ordinance will go to public hearing May 21. French also reported personnel updates in community development and that a hydrology/hydraulic study (consultant River Focus) is roughly 70% complete with draft findings due to staff in mid- to late April.

The commission closed its meeting with a procedural selection of an alternate to the nomination assembly and reminders about upcoming work sessions and the next regular meeting on May 21 in the Assembly Chambers.