Assembly rejects rezone for Herring Cove after hearing tourism, road and neighborhood concerns

The Ketchikan Gateway Borough Assembly voted down an ordinance to rezone four parcels near Herring Cove at the terminus of Powerhouse Road, concluding a lengthy public hearing and staff presentation.

Frank Maloney, the borough planning director, told the assembly that staff and the planning commission had recommended denial because the borough lacks the traffic, infrastructure and neighborhood analysis needed to gauge impacts of a commercial rezone. “From our perspective, it’s really difficult to tell the community and the neighbors what are the ways of mitigating impacts when we don’t actually know what really the capacity of that road is right now,” Maloney said.

The issue drew multiple public speakers. Nils Utterback, the applicant and a local tour operator who owns the parcels, said he proposed the rezone to address parking, restrooms and trash at the popular wildlife viewing area. “There’s no parking, there’s no restrooms, and there’s no receptacles for garbage,” Utterback told the assembly, saying the site draws thousands of visitors and that he had invested in improving his property.

Several residents and local operators testified both for and against the rezone. Paul Hook, a resident and tour operator, said public restrooms would improve visitor behavior and the site’s usability: “I can’t think of a better place to start than by opening up that area so some people can go out and really enjoy our island.” Bernadette (Bernie) Angus and small operators noted safety and public-health concerns from the lack of facilities.

Planning staff emphasized constraints beyond the borough’s zoning decision. Maloney said Powerhouse Road is a state right-of-way and that Alaska Department of Transportation standards and a DOT right-of-way agent’s concerns weigh heavily: commercial uses, including parking and letting off passengers within the state right-of-way, are not permitted under DOT practice. Maloney added the right-of-way and driveway access do not meet commercial standards and there is no traffic engineering study on turning radii and large commercial vehicles.

Assembly members cited neighborhood character and safety in their votes. After an amendment to add a zoning certificate to the ordinance was adopted, the assembly voted on the ordinance as amended and the measure failed, 6 no to 1 yes (Assemblymember Palmer cast the lone yes). The roll call recorded Bailey: No; Matson: No; Palmer: Yes; Arntzen: No; Bowling: No; Otis: No; Thompson: No.

The planning director told the assembly that the borough is updating its comprehensive plan and includes a potential neighborhood plan for Herring Cove; he said that a targeted neighborhood plan would be the appropriate vehicle to study roadway improvements, parking, public restrooms and other mitigation measures before rezoning.

The assembly did not approve the rezone, and the applicant said he may pursue other options. Maloney and staff recommended a neighborhood-level study that would involve DOT and traffic engineering before a future rezone or PUD (planned unit development) approach was advanced.

Votes at a glance: The ordinance (Ord. 20‑61 as amended) to rezone Lots 12 and 3 (subdivision of Lot 81, U.S. Survey 2403) and Lot 113 (U.S. Survey 3385) from low-density residential to general commercial was introduced with a substitute zoning-certificate amendment adopted and then failed on final vote, 1–6.

What’s next: Planning staff said the borough-wide comprehensive plan update (including a new future land-use map) is underway and that a focused neighborhood plan for Herring Cove could be scoped and funded after the comp-plan work is complete.