Assembly approves rezoning of Benton View lots for suburban housing; easement and surplus questions remain

The Ketchikan Gateway Borough Assembly on Feb. 3 voted 7-1 to adopt Ordinance 2059, rezoning lots 1, 2, 3, 5, 6 and 7 in the Benton View Subdivision (formerly “Mile 17”) from Future Development (FD) to Suburban Residential (RS).

The rezoning applies to parcels on the northwest side of North Tongass Highway at Mile 17 and clears the way, staff said, for marketing and sale of those buildable parcels. “We are asking to rezone from the FD zone to suburban residential,” Planning Director Frank Mullen told the assembly during a second public hearing on the item.

Why it matters: The change moves borough-owned property from a transitional FD category—used where future use is undecided—into a residential designation that allows home construction and sale. Assembly members cited local housing shortages as a reason to allow residential development, while some residents and members raised concerns about traffic and infrastructure in the North Area.

What staff and the assembly said: Mullen said the borough has completed the final plat and is coordinating with a realtor to set pricing and marketing. He told the assembly he expects to be back at a future meeting with recommendations and a request for direction on the timing and manner of sale.

Several assembly members pressed on an existing 30-foot access easement that crosses Lot 7 to the adjoining Piercy property. Borough legal counsel read the easement language into the record: the grant creates a 30-foot strip, prohibits structures within it and grants the grantee the right to “trim, cut, clear trees and brush.” Assistant Manager Doug Kearney and staff said the easement is nonexclusive and preserves Mr. Piercy’s access to his waterfront parcel.

On maintenance and liability, Assistant Manager Kearney said the borough currently has no road powers in that area and therefore no obligation to maintain the easement to any specific standard. “We don't have an obligation to maintain it at any level of condition when it's slippery or anything like that,” he said. Borough counsel noted the easement refers to an access road and indicated the deed transferring a lot to a private owner would be written to require the purchaser to honor the existing easement and access rights.

Staff recommended retaining Lot 8 and Lot 4 in FD. Planning staff described Lot 8 as effectively unbuildable and proposed keeping it as green space; Lot 4 is a beachfront parcel staff recommended the borough hold pending consideration of public uses. Mullen said Lot 8 is likely to remain green space “unless somebody has a particular reason to buy Lot 8, which is not really a buildable lot.”

Next steps and follow-up items: The assembly approved the rezoning motion moved by Assemblymember Bailey and seconded by Assemblymember Thompson. Planning staff said they will return with marketing specifics and potential surplus declarations and that they will include options for neighbor notification when the borough later decides to list parcels for sale. Engineers and further information about road access were promised if the assembly wanted a maintenance agreement drafted.

Vote: Ordinance 2059 passed on second hearing by roll call (7 yes, 1 no). Recorded yes votes included Arntzen, Bowling, Otis, Bailey, Matson, Palmer and one additional member; Assemblymember Thompson recorded the lone no vote during the roll call recorded earlier in the meeting record.

Proper names mentioned: Benton View Subdivision; North Tongass Highway; Piercy (neighbor/property owner); Ketchikan Gateway Borough.

Ending: Staff will return with a proposed marketing plan, draft “subject to” deed language that references the easement, and further analysis of any recommended maintenance agreement for the access easement. Assembly members asked staff to include neighbor-notification options when the borough proposes disposal of the parcels.