1995-10-18 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - OCTOBER 18, 1995
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:35
p.m. by Chair Friend on October 18, 1995 in the Borough Assembly Chambers.
H. ROLL CALL
Commissioners Present: Others Present:
7errol Friend, Chair Linda Freed, Director
Jeff Knauf Community Development Dept.
Pat Szabo Bob Schulze, Associate Planner
Darlene Turner Community Development Dept.
Eileen Probasco, Secretary
Community Development Dept.
Commissioners Absent:
Donna Bell - Excused
Clarence Selig - Excused
A quorum was established.
M. APPROVAL OF AGENDA
Staff pointed out that two sets of minutes were submitted for approval and that two
additional communications items were presented.
COMMISSIONER KNAUF MOVED TO ACCEPT the agenda with the additions
reported by staff. The motion was seconded and CARRIED by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER TURNER MOVED TO ACCEPT the minutes of the September 20,
1995 Planning and Zoning Commission regular meeting as presented. The motion was
seconded and CARRIED by unanimous voice vote.
P & Z Minutes: October 18, 1995 Page 1 of 21
COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the October 4, 1995
Planning and Zoning Commission special meeting as presented. The motion was seconded
and CARRIED by unanimous voice vote.
V. AUDIENCE CONDAENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case S94-020. Request for preliminary approval of the subdivision of Lot 6A,
Brookers Lagoon, creating Lots 6A-1 through 6A-7, Brookers Lagoon.
(Postponed and revised from the September, 1995 and other previous regular
meetings).
BOB SCHOLZE indicated 22 public hearing notices were mailed this month for
this case and 1 was returned, opposing this request. Staff recommended amending
the motion currently on the floor to reflect the correct lot numbers, and then
postponement of this case, at the request of the applicant, until the November
regular meeting.
The motion on the floor is:
Move to grant preliminary approval of the subdivision of Lots 6 and 7, Brookers
Lagoon, creating Lots 6A through 6G, and Lot 7A, Brookers Lagoon.
Regular Session Closed.
Public Hearing Opened:
Ernie Scheidler appeared before the Commission and expressed opposition to this
request in its current configuration. He felt that the subdivision should reflect the
2 acre minimum stated in the Chiniak Comprehensive Plan.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER SZABO MOVED TO AMEND by substitution, to grant
preliminary approval of the subdivision of Lot 6A, Brookers Lagoon Subdivision,
creating Lots 6A-1 through 6A-7, Brookers Lagoon Subdivision.
The motion to AMEND was seconded and carried by unanimous roll call vote.
P & Z Minutes: October 18, 1995 Page 2 of 21 —
COMMISSIONER SZABO MOVED TO POSTPONE action on Case S94-020
until the November 15, 1995 regular meeting and to schedule it as a public
hearing.
The MOTION was seconded and CARRIED by unanimous roll call vote.
B) Case 95-018. Planning and Zoning Commission determination, in accordance with
Section 17.03.090 Similar Uses, of the Borough Code, that the Kodiak Crisis
Pregnancy Center is similar in character and impact to permitted clinic and/or
professional office uses, on Lots 5, 6 & 7, Block 6, Leite Addition. 1524 Mission
Road.
BOB SCHOLZE indicated 52 public hearing notices were mailed for this case and
14 were returned, 12 in favor and 2 opposing this request. Staff provided the
Commission with two options for this case and recommended they make a motion
based on their perspective of the appropriate application of the code to this
request.
COMMISSIONER KNAUF MOVED TO FIND, in accordance with Section
17.03.090 of Borough Code (Similar Uses), that the current use, Crisis and
Pregnancy Center, has similar or less impact than a permitted clinic or professional
office on Lots 5, 6, and a portion of 7, Block 6, Leite Addition, subject to the
condition of approval in the SUN04ARY STATEMENT dated October 12, 1995,
and to adopt the findings in that summary statement supporting approval, as
"Findings of Fact" for this case.
OF APPROVAL:
1. Approval of this request for a similar use determination for the Kodiak
Crisis Pregnancy Center applies only to Unit No. 5, Seaview Apartments
and restricts the Center's hours of operation to no more than 24 hours a
week and staff level to no more than one salaried staff member.
FINDINGS OF FACT
1. The conversion of an apartment into the Crisis Pregnancy Center, operating
24 hours a week with a staff of one, is similar in character and has equal or
less potential impact on the neighborhood than many of the uses
specifically permitted in the R3-Multifamily Residential zoning district,
such as beauty shops, boardinghouses, clinics, hospitals, professional
offices, and schools.
P & Z Minutes: October 18, 1995 Page 3 of 21 13 ('
f 2. This conversion in use is consistent with KIBC Section 17.20.010
t (Description and Intent) establishing the R3-Multifamily zoning district for
not only residential uses, but also "...limited office uses..."
3. An adequate number of parking spaces have been identified on site to allow
for this conversion in use from residential to office.
4. With operation of no more than 24 hours per week, small staff (no more
than one salaried staff member) and many clients who arrive on foot,
impacts related to increased traffic and noise should be minimal.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Audra Grant, Director of Kodiak Crisis Pregnancy Center, appeared before the
Commission and expressed support for this request. She explained the function of
KCPC and assurred the Commission that the impact to local residents would be
minimal.
Mary Jane Longrich, of 1620 Mission Road, appeared before the Commission and
expressed opposition to this request. She felt that the character of the
neighborhood would be negatively impacted, and was concerned about traffic and
adequate parking.
Audra Grant appeared again and assurred the Commission that impact to local
traffic and parking would be very minimal, considering the hours of operation and
maximum number of staff members allowed by the proposed condition of
approval.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER SZABO stated that she understood a parking plan had been
reviewed by staff and felt the issue was addressed adequately in the conditions of
approval.
The question was called and the motion CARRIED by unanimous roll call vote.
Q Case 95-019. Request for a conditional use permit, in accordance with Section
17.33.030 G. Conditional Uses, of the Borough Code, to permit a 160 foot
P & Z Minutes: October 18, 1995 Page 4 or 21
broadcast tower, a 28 foot wide satellite antenna, and a 28 X 32 foot equipment
building, to be located on Lot 613-1, U.S. Survey 2538A. 614 Egan Way.
BOB SCHOLZE indicated 61 public hearing notices were mailed for this case and
1 was returned, in favor of this request. Staff recommended approval of this
request, subject to one condition.
COMMISSIONER TURNER MOVED TO GRANT a request for a conditional
use permit in accordance with Section 17.33.030 G (Conditional Uses) of the
Borough Code, to permit a 160 foot broadcast tower, a twenty-eight foot (28')
wide satellite antenna, and a twenty-eight by thirty-two foot (28' x 32') equipment
building, to be located on Lot 611-1, U.S. Survey 2538A, subject to the condition
of approval contained in the summary statement dated October 12, 1995; and to
adopt the findings contained in the staff report dated October 3, 1995, as "Findings
of Fact" for this case.
OF APPROVAL:
1. The proposed facilities will be color coordinated with the nearby Borough
buildings.
FINDINGS OF FACT
17.67.05 A- That the conditional use will preserve the value, spirit character and
integrity of the surrounding area.
It appears that the proposed use will preserve the value, spirit, character
and integrity of the surrounding area. The facilities will be located in such
a way as to minimize the amount of land area required. Locating these
facilities may reduce the need for other antennas and satellite dishes in the
area. The Commission has the prerogative to require conditions of
approval in order to insure that all aspects of the proposed development are
consistent with the character and integrity of the surrounding area.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
The use of this land for a transmitter tower, satellite ground station and
supporting equipment building will comply with all the requirements of the
PL-Public Use Land zoning district. The use will be compatible with other
uses of the land.
P & Z Minutes: October 18, 1995 Page 5 of 21 13 E
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health, safety, convenience and comfort.
The proposed use should not be harmful to the public health, safety,
convenience or comfort if the building and the tower are properly
engineered and constructed to meet the requirements of the Uniform
Building Code. Compliance with these codes will be ensured through the
building permit and inspection program operated by the City of Kodiak.
17.67.05 D. That sufficient setbacks lot area, buffers or other safeguards are
being provided to meet the conditions listed in subsections A through C of this
section.
Based on the submitted site plan, it appears that sufficient buffers or other
safeguards, relative to the scale of the proposed development, are being
provided.
17.67.05 E. If the permit is for a public use or structure, the commission must find
that the proposed use or structure is located in a manner which will maximize
public benefits.
The proposed use and structure is located in a manner that should
maximize public benefits. The structure will be located on a site that is
currently devoted to public uses and structures. This proposed
development may permit the consolidation of other broadcast transmitter
facilities presently located in the area. In addition, the proposed facilities
will provide broadcasting services to areas not presently served by a full
range of services. Letters and petitions signed by approximately one
hundred twenty (120) members of the public were collected expressing
support for this project and the 160 foot tower on a nearby lot in April,
1994.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
P & Z Minutes: October 18, 1995 Page 6 of 21 1 -�
D) Case 95-020. Request for a conditional use permit, in accordance with Section
17.13.040.8 Conditional Uses, of the Borough Code, to permit a rocket launch
facility and associated structures, to be located on approximately 3,077 acres of
land at Narrow Cape, near Pasagshak Bay.
BOB SCHOLZE indicated 78 public hearing notices were mailed for this case and
2 were returned, in favor of this request. Staff recommended approval of this
request, subject to conditions.
COMMISSIONER SZABO MOVED TO GRANT a request for a conditional use
permit in accordance with Section 17.13.040.8 of the Borough Code to permit a
rocket launch facility and associated structures, to be located on approximately
3,077 acres of State land (within Sections 31-34, T31S, R19W, and Sections 3-6,
and 9, T32S, R19W) at Narrow Cape, near Pasagshak Bay; subject to the
condition of approval in the staff report dated October 4, 1995, and to adopt the
findings contained in the staff report dated October 4, 1995 as "Findings of Fact"
for this case.
CONDITION OF APPROVAL
1. This conditional use permit is contingent upon the review and approval of
the Kodiak Launch Complex Project by applicable federal and State
permitting agencies.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value spirit character and
integrity of the surrounding area.
The conditional use will preserve the value, spirit, character and integrity of
the surrounding area to the extent that potential impacts on mammal and
bird life, wetlands, down -range fisheries, and existing grazing uses are
effectively mitigated. In consideration of this, AADC is the process of
drafting an Environmental Analysis (EA), has submitted an application to
the Corps of Engineers for discharge of fill material into wetlands, and has
filed with the State Division of Governmental Coordination an application
for certification of consistency with the Alaska Coastal Management
Program.
Measures have also been undertaken by AADC to address the Coast
Guard's concern about potential interference with radio navigation signals
from their Loran Station at Narrow Cape, and to ensure public access,
except for 4-6 hour launch windows, to Twin Lakes, which is stocked with
P & Z Minutes: October 18, 1995 Page 7 of 21 I y
trout by ADFG. AADC has also performed soil borings, aerial mapping,
and ground surveying as part of a biological assessment and baseline.
Conditioning this CUP upon the review and approval of the KLC by
applicable federal and State permitting agencies will assure that potential
environmental concerns are addressed by those with the appropriate
expertise.
17.67,05 B. That the conditional use fulfills all other requirements of this chapter
pertaining, to the conditional use in question.
Based on the site plan, building schematics, road realignment engineering
plans, and other supporting documentation, it appears that the conditional
use will fulfill all other requirements of Chapter 17.13, (C-Conservation
Zoning District) of the Borough Code. The special district regulations for
the Conservation zoning district (KIBC) 17.13.090) concerning impacts on
the natural environment and preservation of natural features specific to
vegetation coverage, drainage patterns, erosion, and water quality and flow
appear to have been addressed in the siting and design of the project's
structures. Further environmental review will be conducted by federal and
State permitting agencies with specific expertise in these issues.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health safely. convenience and comfort.
The launch complex will be constructed and maintained in accordance with
all applicable federal, state and local requirements. The launch pad and all
related support facilities will be constructed to Uniform Building Code and
Uniform Fire Code standards, as well as federal and State standards that
might apply to this kind of highly specialized activity.
While the site's remoteness may increase costs and logistics associated with
transportation of materials and components, it is also an advantage for
reasons of safety and security. The area is very sparsely populated. The
aerospace industry is one that has been suggested and therefore, should
complement existing industries in Kodiak with little negative impact.
Launches can be scheduled to not interfere with fishing and crabbing south
of Narrow Cape. Spent rocket stages that fall into the ocean will fall a
hundred miles downrange. In response to a question at a Kodiak Audobon
Society forum, an official representing AADC indicated that, in the remote
possibility that an errant launch vehicle had to be destroyed closer to
Narrow Cape, the solid rocket fuel would be extinguished upon entry into
the water, would not melt or dilute in the water, and does not release toxic
chemicals.
P & Z Minutes: October 18, 1995 Page 8 of 21
It
17.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are
being provided to meet the conditions listed in subsections A through C of this
section.
Even more that the twenty-five foot setbacks required by the C-
Conservation zoning district, the remoteness of the site, distance from any
residential development, natural vegetation and topography serve to
provide buffering and safeguards against conflicts arising from potential
incompatibilities between the proposed development and other land uses.
17.67.05 E. If the permit is for a public use or structure, the commission must find
that the proposed use or structure is located in a manner which will maximize
public benefits.
The AADC was created to develop the aerospace industry and diversify the
economy in the State of Alaska. It is a public corporation of the state
located within the Department of Commerce and Economic Development
and affiliated with the University of Alaska. This conditional use permit
will serve that public function, and therefore, subject to industry safeguards
and public agency review, the Kodiak Launch Complex will maximize
public benefits. Specifically, the Narrow Cape site was selected after a
rigorous review of a number of alternative sites located around the State.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Dick Diemer, Pasagshak resident, appeared before the Commission and expressed
support for this request, but concern that the public be better informed by the
AADC about actual plans for development and operation. He was also concerned
that the facility remain `private'; as he had heard that it would be allowed for
`ir litary" launch use. He felt that solicitation of input, and information provided
to the public had been inadequate and vague, and wanted assurance that the
Pasagshak area stay pristine.
Rich MacIntosh appeared before the Commission and expressed concern about the
environmental impact of this development, and felt that it was being `tailroaded"
through. He wished to review the Environmental Baseline of Narrow Cape but
had been unable to obtain a copy. He also felt a wetlands review was needed and
wanted the opportunity to review and comment on the Environmental Assessment
when it became available. Mr. Macintosh stated that he felt the public needed to
P & Z Minutes: October 18, 1995 I N�
Page 9 of 21
have the opportunity to be more involved with the process and be informed of the
cumulative long term impact, and that the appropriate channels were followed.
Mike Machulskv. chair of the Kodiak Launch Complex Advisory Committee,
appeared before the Commission and expressed support for this request. He stated
that KLCAC meetings were open to the public and encouraged participation.
Bill Burton Narrow Cape rancher, appeared before the Commission and expressed
support for this request, however, he would have preferred to see the launch
complex developed in Chiniak. He wanted to make sure the complex was
developed properly, with the help of "watchdogs".
Mike Waller, member of KLCAC, appeared before the Commission and expressed
support for this request.
John Pfeifer, representing Kodiak Chamber of Commerce, appeared before the
Commission and expressed support for this request. He felt local employment and
the Kodiak economy would be favorably affected by the development.
Dale Sou hers, Pasagshak property owner, appeared before the Commission and
stated that he felt all public hearing notice recipients should be provided with a
copy of the Environmental Assessment as soon as it was available.
Mike Sirofchuck appeared before the Commission and requested that they
postpone action on this request until the public was provided with more
information (i.e. possible PCB's or other such things). He wished to review the
Environmental Assessment and have the opportunity to be more involved with
AADC, especially concerning environmental issues.
Alan Austerman member of the Board of Directors of the AADC, appeared before
the Commission and expressed support for this request.
Dave Sadlowski Assistant Director of AADC appeared before the Commission to
express support for this request, and to answer questions and concerns expressed
in previous testimony. He made the following points:
He clarified the difference between the Environmental Baseline (the pre -study
document), which was complete and available at the library; and the Environmental
Assessment, which was currently being developed and expected to be available in
draft form on November 17. He contended that the Baseline document was
discussed with the KLCAC at the meeting held in March.
Iti3
P & Z Minutes: October 18, 1995 Page 10 of 21
He clarified that the number of structures currently proposed for the facility was
four. He said that additional structures might have been discussed at one point for
future development, but all plans for the current facility include four structures.
It was pointed out that the launch facility was a commercial facility, and that if the
military expressed desire to use the facility, they could not be denied. The intent
was not to be exclusively military, but the facility had to be available to them
should they chose to purchase a launch.
Concerning the number of launches per year from the facility, Mr. Sadlowski
offered that their plan specifically suggested one was planned during the first year,
and two per year for the second through fifth years, and by the year 2019, possibly
nine. The EA addresses nine launches per year.
He stated that although AADC was intending to supply people with the
information they requested, their staff was small, and he apologized for not being
able to provide more prompt information. He stated that one of the things AADC
discussed doing was to put articles in the paper on a regular basis to keep the
public informed of the process. He assured the public that there would be a public
hearing when the draft EA was available and that AADC was following all of the
appropriate channels to receive approval of the facility.
Mr. Sadlowski pointed out that the use of any potentially harmful substances such
as PCB's (as expressed by Mr. Sirofchuck), as well as barging of materials to the
launch site, would have to be addressed in the EA. However, there are no plans
for either of these activities, so they will not be addressed in the current EA.
In closing, he concurred with staff's recommendation of approval.
COMMISSIONER SZABO understood that it was recommended to hold a public
hearing on the EA in conjunction with the CUP public hearing and she asked if it
was agreeable to him to postpone action on this CUP request until the completed
EA was available. Mr. Sadlowski pointed out that this CUP request was
contingent upon the review and approval by applicable federal and State permitting
agencies, and that should the EA not be approved, approval of this CUP would be
a moot point. He felt postponement was unnecessary.
Alan Austerman appeared again and stressed that if the public was unhappy with
how the permitting process was going, they should contact someone on the Board
of Directors, such as himself, and he would make sure their concerns were
addressed.
P & Z Minutes: October 18, 1995 Page 11 of 21
Mike Sirofchuck appeared again and asked for clarification on COMMISSIONER
SZABO'S suggestion about postponement
Rich MacIntosh appeared again to reiterate his understanding of the difference
between the Environmental Baseline and the Environmental Assessment. He also
clarified that he was unable to obtain a copy of the Baseline from the Borough
because the Community Development Department had not received a copy of it.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER SZABO stated that she felt it was important that AADC had
stated they would hold a public hearing on the EA and that the public would have
the opportunity to comment on the information in that document.
COMMISSIONER KNAUF asked staff about the EA and it's relavence to the
decision made on the CUP. He stated that he felt the EA was an important
document and felt satisfied with the November 17 release date of the draft EA.
MS FREED responded that the CUP was before the Commission tonight because
they received the application and were required to act upon it within a certain
timeframe. Regardless of the order in which the requirements were pursued, the
condition of approval ensured that the CUP approval was conditional upon
compliance with all other permit requirements. COMMISSIONER KNAUF
supported the project for it's economic benefits as well as offering educational
opportunities for the community.
The question was called and the motion CARRIED by unanimous roll call vote.
E) Case S95-020. Request for preliminary approval of the vacation of Lots 3 and 6,
Block 9, Miller Point Alaska Subdivision, 1st Addition, and the twenty (20) foot
utility easement along their common lot line, and replat to Lots 3A, 3B, 6A, 6B
and 6C, Block 9, Miller Point Alaska Subdivision, 1st Addition. 3433 Anton Way
and 879 Mallard Way.
BOB SCHOLZE indicated 27 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request, subject to
conditions.
COMMISSIONER SZABO MOVED TO GRANT preliminary approval of the
vacation of Lots 3 and 6, Block 9, Miller Point Alaska Subdivision, 1st Addition,
and the twenty (20) foot utility easement along their common lot line, and replat to
Lots 3A, 3B, 6A, 6B, and 6C, Block 9, Miller Point Alaska Subdivision, 1st
Addition, subject to the conditions of approval contained in the staff report dated
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P & Z Minutes: October 18, 1995 Page 12 of 21
October 5, 1995 and to adopt the findings contained in the staff report dated
October 5, 1995 as "Findings of Fact" for this case.
CONDMONS OF APPROVAL
1. Extend the public sanitary sewer line for the benefit of proposed Lots 6B
and 6C, and perhaps 6A, based on plans approved by ADEC and the
Borough Engineering/Facilities Department specifications and regulations,
according to one of the two following options:
A. If the intention is to connect proposed Lots 6A, 6B, and 6C to the
public sewer main in Anton Way, a utility easement of adequate
width (to be determined when final site grading is completed and
depth of sewer line is known, subject to ADEC and KIB
Engineering/Facilities Department approval) will be provided along
the common lot line of proposed Lots 3A and 3B and the rear
(southerly) lot line of proposed Lot 6B, and sewer stubouts will be
provided to Lots 6A, 6B, and 6C prior to final plat approval
according to KIBC 16.70.020.A.2.
B. If the intention is to connect proposed Lots 6B and 6C to the public
sewer main at the one manhole in Mallard Way near the new
school, a plan to do so meeting ADEC and KM
Engineering/Facilities code requirements and specifications will be
submitted for approval, and sewer stubouts will be provided to
proposed Lots 6B & 6C prior to final plat approval according to
KIBC 16.70.020.A.2.
2. Based on the developer's grading plan, a storm drain manhole/catchbasin
will be required to be installed to access the Mallard Way 24-inch culvert
while still providing drainage access for the Lot 6 subdivision lots.
3. Provide a drainage plan based on final site grading prior to final plat
approval.
4. Provide ten (10) foot wide electrical/utility easement on each side of the lot
lines common to proposed Lots 3A with 3B, and to proposed Lots 6A, 6B,
and 6C with proposed Lots 3A and 3B, as indicated on the attached sketch
from KEA. Extend an existing ten (10) foot wide utility easement on the
westerly side of Lot 6 (proposed Lot 6A) approximately fifty-five (55) feet
to the northwesterly corner of proposed Lot 3A, as indicated on the
attached sketch from KEA.
M
P & Z Minutes: October 18, 1995 Page 13 of 21
CFINDINGS 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.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
F) Case 95-021. Request for a rezone, in accordance with Section 17.72.030 C,
Manner of Initiation, of the Borough Code, of proposed Tracts A, B, and C,
Alaska Tidelands Survey 1504, from C--Conservation to NU --Natural Use.
Generally located in Anton Larsen Bay, adjacent to the State highway, including
the boat launch ramp and dock.
BOB SCHOLZE indicated 9 public hearing notices were mailed for this case and
none were returned. Staff recommended this request be forwarded to the Borough
Assembly with a recommendation of approval.
COMMISSIONER KNAUF MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning of proposed Tracts A, B, and C, Alaska
Tidelands Survey 1504, from C-Conservation to NU -Natural Use, and to adopt
the findings of fact in the staff report dated October 6, 1995, in support of this
recommendation:
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
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P & Z Minutes: October 18, 1995 Page 14 of 21
A rezone of property identified as newly platted Tideland Traces A, B, and C of
Alaska Tidelands Survey 1504 on Anton Larsen Bay from C--Conservation to
NU -Natural Use Lands is needed and justified because the NU -Natural Use Lands
zoning district:
A. allows public coastal docking facilities as a permitted principal use;
B. consistent with the historical use of this site, will provide enhanced public
access for the human use of fish and wildlife resources as indicated by
KIBC 17.12.010 (Description and Intent, NU -Natural Use District).
C. will provide for a greater measure of protection of the recreational
resources and natural amenities of this area which is principally used for a
range of recreational activities including boating, camping, fishing, hunting,
sightseeing, and beachcombing;
D. will not create any nonconforming land uses.
17.72.020 B. Findines as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
A change of zoning from C--Conservation to the NU -Natural Use Lands zoning
district is consistent with the historical use of this property and provides public
access for the human use of fish and wildlife and other recreational resources
consistent with both the description and intent of the NU -Natural Use Zoning
District and the Kodiak Island Borough Coastal Management Plan.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
G) Case S95-021. Request for preliminary approval of the creation of Tracts A, B,
and C, Alaska Tideland Survey 1504. Generally located in Anton Larsen Bay.
I Lf,
P & Z Minutes: October 18, 1995 Page 15 of 21
BOB SCHOLZE indicated 9 public hearing notices were mailed for this case and
none were returned. Staff recommended approval of this request, subject to one
condition.
COMMISSIONER TURNER MOVED TO GRANT preliminary approval of the
creation of Tracts A, B, and C, Alaska Tidelands Survey 1504, subject to the
condition of approval contained in the staff report dated October 6, 1995 and to
adopt the findings contained in that staff report as "Findings of Fact" for this case.
CONDITION OF APPROVAL
1. Final plat approval is conditional on Assembly approval of the rezone of
these three tidelands tracts (6.66 acres total) from C-Conservation to NU -
Natural Use.
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 and State
Statute for a tidelands survey.
2. Conditional on a rezone of this property from the C-Conservation to NU -
Natural Use zoning district, 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 the
recreation and coastal access policies of the Kodiak Island Borough
Coastal Management Plan, an adopted Borough plan for this area.
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
H) Case 95-022. Planning and Zoning Commission review, in accordance with
Section 18.20.030 of the Borough Code, of the disposal of approximately 1,081
P & Z Minutes: October 18, 1995 Page 16 of 21
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square feet of Lot 7B, U. S. Survey 2538A, to the City of Kodiak. 610 Mill Bay
Road.
BOB SCHOLZE indicated 37 public hearing notices were mailed for this case and
one was returned, in favor of this request. Staff recommended approval of this
request, subject to conditions.
COMMISSIONER TURNER MOVED TO ADOPT the following resolution, in
accordance with Sections 1818.20.030 and 18.20.100 of the Borough Code
recommending that the Kodiak Island Borough Assembly dispose of a 1,081
square foot portion of Lot 7B, U.S. Survey 2538A, owned by the Borough, fee
simple at less than fair market value to the City of Kodiak for access purposes:
RESOLUTION
WHEREAS, Section 18.20.030 of the Borough Code requires the review
of each disposal of Borough real property by the Planning and Zoning
Commission, and
WHEREAS, Section 18.20.170 defines "disposal" as any transfer of real
property, and
WHEREAS, Section 18.20.100.B allows for property disposal for less
than fair market value to anypolitical subdivision of the state ofAlaska; and
WHEREAS, 1,081 square feet located within Lot 7B, U.S. Survey 2S38A,
has been requested by the City ofKodiak for essential access to Lot 6B-1 to allow
for future subdivision; and
WHEREAS, the Planning and Zoning Commission held an advertised and
noticed public meeting on the disposal in compliance with Borough Codes; and
WHEREAS, the Planning and Zoning Commission has determined that it
would be appropriate to dispose of portion of Lot 7B, U.S. Survey 2538A for
less than fair market value to the City ofKodiak.
NOW, THEREFORE BE IT RESOLVED by the Kodiak Island Borough
Planning and Zoning Commission,
That the disposal of 1,081 footportion ofLot 7B, U.S. Survey 2538A, for less
than fairmarket value to the City ofKodiak as apolitical subdivision of the State
of Alaska, by the Kodiak Island Borough is consistent with Titles 17 and 18 of
the Borough Code and recommends that the Assembly dispose of the property in
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accordance with Kodiak Island Borough Code Section 18.20.100.B. subject to the
following one (1) condition:
CONDrHONOFAPPR0VAL
1. The 1,081 square foot portion of Lot 7B, U.S. Survey 2538A to be
disposed of must be attached by plat to Lot 6B-1, U.S. Survey 2538A
(proposed Lots 6B-IA and 6B-IB).
The motion was seconded.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
The question was called and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
A) Case S91-033. Request for a five (5) year extension of preliminary approval of the
subdivision of Lot 1, U.S. Survey 5696, creating 124 residential lots. Generally
located between the end of Spruce Cape Road and the end of Woodland Drive.
COMMISSIONER TURNER MOVED TO GRANT a five (5) year extension
(until August 18, 2000) of preliminary plat approval for Case S91-033, and
confirm the ten (10) original conditions of approval, with the addition of condition
number eleven (11).
CONDMONS OF APPROVAL
1. Extend 'B" Street to the lot line common with Tract F to provide for
future access to Puffin Drive through Tract F.
2. An engineered drainage plan must be submitted for review and approval by
the Borough Engineering and Facilities Department prior to final approval
of the plat.
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3. Sewer system plans must be submitted for review and approval by the
Borough Engineering and Facilities Department prior to final approval of
the plat.
4. Water system plans must be submitted for review and approval by the
Borough Engineering and Facilities Department prior to final approval of
the plat.
5. Any easements proposed or required to satisfy drainage, sewerage or water
design considerations must be reviewed by the Planning and Zoning
Commission if not contained on the original preliminary plat.
6. The subdivider will document the usable building envelope on lots
impacted by wetlands to show that a reasonable dwelling can be
constructed on the lot without need for a setback variance.
7. A five (5) foot easement along the frontage of all lots created by this
subdivision shall be shown on the final plat.
8. Include a note on the final plat intending that no lot or parcel in this
subdivision may be partitioned, divided, or subdivided such that the
resulting lot(s) is smaller in size than the original lot(s). This note shall
then be carried onto all subsequent plats.
9. Show a public dedication of Tracts A, B and C, and the related trail
easements on the final plat.
10. Approval of this subdivision is contingent upon the approval of the pending
rezone request.
11. Place a note on the final plat that states:
`The 17B easement (ANSCA) providing for public access along the
existing gravel road will be replaced by the sixty (60) foot wide Spruce
Cape Road right-of-way extension created this plat."
The motion was seconded and CARRIED by unanimous voice vote.
VM. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
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COMMISSIONER SZABO MOVED TO ACKNOWLEDGE RECEIPT of items A
through G of communications. The motion was seconded and CARRIED by unanimous
voice vote.
A) Letter dated September 25, 1995 to Gabrielle LaRouche, DGC, from Linda Freed,
RE: KIB response to proposed Tanker Plan consistency determination.
B) Letter dated September 21, 1995 to John and Mary Dowell, from Tom Bouillion,
RE: Building with no permits on Lot 14, Block 2, Pasagshak River Subdivision.
C) KIB Assembly Worksession Notes from September 14, 1995 worksession, at
which the Horseshoe Lake area rezone, and the tax foreclosed properties in Uyak
Bay were both discussed
D) Letter dated October 12, 1995 to William Furrow from Tom Bouillion, RE: Illegal
addition to mobile home at Space 16, Jackson's mobile home park.
E) Letter dated October 13, 1995 to Maurice and Tana Hughes from Tom Bouillion,
RE: Nonconforming trailer on Lot 17, USS 3103 (3015 Peninsula Road).
F) Article from October 12, 1995 Anchorage Daily News, RE: Flooding of Kenai
River and it's affects on flood insurance programs.
G) Letter dated October 18, 1995 to Daniel & Hildar Olsen from Tom Bouillion, RE:
Fishing gear storage on vacant RRl zoned Lot 11, Block 3, Russian Creek
Subdivision.
There were no further communications.
X. REPORTS
LINDA FREED reported that the elevation hearing with the Resource Commissioners on
the oil spill prevention Tanker Plans was held on September 27, and final decision was
received on October 2, upholding the lower level decision made on the plans, which gives
no preventive protection to the Kitoi Bay Hatchery in the event of an oil spill. Staff was
continuing to the next step of the appeal process, which is an appeal to the Alaska Coastal
Policy Council, the policy making body for the Alaska Coastal Management Program. An
additional administrative appeal has been filed with the Department of Environmental
Conservation arguing that DEC did not follow State regulations requiring protection for
the Kitoi Bay Hatchery. MS. FREED also reviewed the upcoming worksession agendas.
The October 25, worksession would include discussion of the request from the Horseshoe
Lake Community Association concerning a rezone of land in that area. On November 1,
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the tax foreclosed properties in Uyak Bay would be discussed, and the November 22
worksession was cancelled due to the Thanksgiving holiday. The November 29
worksession was to be used as a follow-up on previously discussed topics, including single
resident occupancy regulations, and on December 6, follow-up on non -conforming uses
code section, with December 27 also used as a follow-up to any other topics.
COMMISSIONER TURNER MOVED TO ACKNOWLEDGE RECEIPT of reports.
The motion was seconded and CARRIED by unanimous voice vote.
There were no further reports.
M. AUDIENCE COMMENTS
There were no audience comments.
X 1. COMMISSIONERS' COMMENTS
CHAIR FRIEND adjourned the meeting at 10:15 p.m.
ATTEST &&^^-
BY 5.'a Pr - —
Eileen Probasco, Secretary
Community Development Department
DATE APPROVED: November 15, 1995
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By
rash- . read, €heir
P & Z Minutes: October 18, 1995
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