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1995-11-15 Regular MeetingC C KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 15, 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 November 15, 1995 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: 7errol Friend, Chair Donna Bell Jeff Knauf Clarence Selig Pat Szabo Commissioners Absent: Darlene Turner - Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Eileen Probasco, Secretary Community Development Dept. 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 Since the Commission had just received the October 18, 1995 regular meeting minutes at this meeting, they deferred approval of these minutes until the December regular meeting. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS NOTE.- All of the audience comments heard under this section of the agenda were in reference to Old Business Item A, Case 95-020, Reconsideration of the Planning and Zoning Commission decision to grant a request for a conditional use permit, to permit a rocket launch facility and associated structures to be located on approximately 3,077 acres ofknd at Narrow Cape, near PasagshakBay. P & Z Minutes: November 15, 1995 Page 1 of 12 Mike Sirofchuck appeared before the Commission and urged them to deny the CUP request, to allow time for public review of the Environmental Assessment. He felt more thought should be put into the decision concerning the long term affects, both positive and negative. Bob Pfutzenreuter, member of AADC Advisory Council but speaking his own personal views, appeared before the Commission to state that he felt granting the CUP was premature, and that AADC should not apply for the CUP until they had received all other appropriate permits, and demonstrated that they could be responsive to the Kodiak community. Fred Lentz appeared before the Commission and expressed opposition to this request. He felt that this project was larger and much more involved than it appeared to the public and presented the Commission with some information he felt supported his view. Mike Brechan, Pasagshak property owner, appeared before the Commission and stated that he did not feel that the Commission erred in granting the CUP. He felt that other governmental agencies (both State and federal) were authorized to act upon certain aspects of the approval, such as the environmental issues, and that the CUP was just the first of many `hoops that AADC needed to jump through" to achieve final approval of their project. Stacy Studebaker appeared before the Commission and requested that they deny the CUP request at this time; that AADC could re -apply after the Environmental Assessment had been presented for review at a public hearing. She felt there were many unanswered and valid questions that needed to be addressed before granting the CUP, so the Commission could place appropriate conditions on it. Although she was not opposed to the launch project, she was concerned that the appropriate review procedure was not being followed. Calvin Sweeney appeared before the Commission and agreed with Mr. Lentz's comments that the project was much larger and more involved than everyone was lead to believe. He asked the Commission to require AADC to get other approvals and follow appropriate review procedures before granting the CUP. LINDA FREED pointed out that the Commission had in their packet a written comment from Mary Forbes requesting they postpone action on the CUP request. Dave Sadlowski (who was connected to the meeting via telephone) addressed some of the concerns expressed in testimony that had not been previously addressed. He stated that the Kodiak Launch Complex project had been in the planning stages for almost two years and cited the different times at which public meetings were held in Kodiak, since that time, to hear community comments. He said that at those meetings P & Z Minutes: November 15, 1995 Page 2 of 12 very little public response was received. Mr. Sadlowski assured the Commission that the Kodiak Launch Complex was not part of any other program (such as HAAKP, as indicated by Mr. Lentz), that AADC was a State agency and the project was being pursued based on the commercial viability of an emerging polar orbiting market, that is in the commercial sector. He stated that any plans involving a launch of something requiring special handling would be subject to public involvement. COMMISSIONER KNAUF asked about the availability of the EA on November 17, as was stated last month. Mr. Sadlowski explained that, due to the extensive extra research requested for the EA by the contracting agency, Brown & Root Environmental, and by the public, it would not be available on November 17 as planned. He hoped that AADC would have the preliminary draft in their posession by the end of November, and a public draft available shortly after that. He reiterated that AADC was in a joint agency agreement with the Office of Commercial Space Transportation and that they needed to act in conjunction with them on all aspects of the permitting process, which included a 30 day public comment period on the EA. He also said that being involved with OCST would subject the project to much more scrutiny than if they were acting alone. In summary, he hoped that the public comment period on the EA would begin approximately around the first of February. COMMISSIONER KNAUF stated that he had not heard overwhelming opposition, just a request for more information on the environmental issues on the project. He suggested that postponement would not be a bad idea. Mr. Sadlowski stated that the CUP was being pursued parallel to other permits to be economically prudent and to allow sufficient time for changes that might need to be made. He reiterated that the EA was required to have a 30 day public comment period and that the community of Kodiak would have that time to address their concerns on environmental issues at a public hearing. He also clarified that the Environmental Baseline, due to a mix up at the AADC office, had not been available in Kodiak at the time he previously believed. He assured the Commission that copies were now available in 3 Kodiak libraries, as well as the Kodiak National Wildlife Refuge, and the Community Development Department. In closing, Mr. Sadlowski reconfirmed that public comment was solicited at all permitting stages during project review, and felt that the Commission's condition of approval placed on the CUP was adequate to allow sufficient time for public input prior to the issuance of the CUP. Calvin Sweeney appeared again and asked that if the CUP was not issued, would AADC's activities cease. P & Z Minutes: November 15, 1995 Page 3 of 12 LINDA FREED offered that the Alaska Statute creating AADC contains a section that would indicate that AADC may not need local approval from the municipal government. The Borough Attorney had not been consulted for an interpretation of that Statute, but it appeared AADC might be exempt from local regulations. Title 38 of the Alaska Statutes also allows for State construction projects, with a finding by the governor, to be exempted from local building and zoning requirements. She stated that it was possible that AADC would not need the CUP to proceed with their project. COMMISSIONER KNAUF asked Mr. Sadlowski to respond to Ms. Freed's comments. Mr. Sadlowski said he was aware of that Statute. He indicated that he believes it does give AADC exemption from local building and zoning requirements, but that he was not sure whether they would exercise that option. There were no further 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 October, 1995 and previous regular meetings). LINDA FREED indicated 22 public hearing notices were mailed for this case, this month, and 1 was returned, opposing this request. Staff recommended approval of this request subject to 7 conditions of approval. The motion on the floor is: Move to grant preliminary approval of the subdivision of Lot 6A, Brookers Lagoon Subdivision, creating Lots 6A-1 through 6A-7, Brookers Lagoon Subdivision. 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, subject to the conditions of approval in the Summary Statement dated November 13, 1995, and to adopt the findings in that summary statement as "findings of fact" for this case. CONDITIONS OF APPROVAL 1. The subdivision shall be redesigned so that each lot created is a minimum of eighty thousand (80,000) square feet (1.84 acres) in order to comply with the intent of KIBC Section 16.40.050.A.4 (Neighborhood character), and to be consistent with the spirit of the Chiniak Comprehensive Plan P & Z Minutes: November 15, 1995 Page 4 of 12 recommending that the minimum area of newly created lots be two (2) acres. The flag stems of proposed Lots 6A-1 and 6A-7, where they are adjacent and parallel to Lots 5 and 7A of Brookers Lagoon Subdivision, shall not be included in these lots for lot area calculation purposes. 2. The private road shall meet all requirements of Section 16.40.080 (Private roads) of Borough Code, and shall be constructed to the standards of Section 10.207 of the Uniform Fire Code and Section 15.26 of Borough code prior to final plat approval. 3. The subdivider shall submit for review and approval a drainage plan to the Borough Engineering/Facilities Department prior to final plat approval per KIBC 16.70.020 A.S. 4. The subdivider shall obtain a Corps of Engineers jurisdictional determination for the proposed subdivision and if the property is subject to Corps jurisdiction, the subdivider shall provide a mapped wetland deliniation confirmed by the Corps per KIBC 16.70.020 A.S. 5. The subdivder shall demonstrate that each lot has the capability to support on -site septic and potable water for domestic purposes per KIBC 16.70.020 B. 6. The subdivision shall provide for (per KIBC 16.40.070): a) a five (5) foot electrical easement on all lots adjacent to the proposed private road right-of-way; b) a ten by thirty-two foot (10' x 32') anchor/down guy easement on proposed Lot 6A-6, as indicated; and c) designation of the flagstem of proposed Lot 6A-4 as a utility easement. 7. This subdivision shall be returned to the Planning and Zoning Commission for a final review prior to final approval per KIBC 16.50.010R FINDINGS OF FACT: 1. This plat, with the addition of conditions of approval, meets the minimum standards of survey accuracy, proper preparation of plats and standards of development required by Title 16 of the Borough Code (conditions #2, 3, 4, 5, 6, & 7). P & Z Minutes: November 15, 1995 Page 5 of 12 2. This plat, with the addition of conditions of approval, meets all the requirements of Title 17 of the Borough Code (condition 91). 3. This plat, with the addition of conditions of approval, provides a subdivision of land that is consistent with adopted Borough plans for this area (condition #1). The MOTION was seconded. Regular Session Closed. Public Hearing Opened: Omar Stratman, applicant, appeared before the Commission and expressed support for this subdivision request as proposed. He explained that he had received preliminary approval to subdivide this lot into 7 in 1985, had received 2 extensions, but had to let the approval expire because it was financially impractical for him to install the road to Borough standards. He recently submitted a proposal to vacate a portion of Lot 6 and add it to Lot 7, which had been approved and the plat filed. Now he wished to subdivide the remainder of the lot (now Lot 6A) into 7 lots. Mr. Stratman pointed out that the lots bordering the Chiniak highway were taken up by a portion of the highway right-of-way and utility easement, which decreased their usable area, and that this point would justify the 7 lot configuration he proposed for Lot 6A. He felt that since the RRl zoning was in place before the Chiniak Comprehensive Plan and he had received approval for his 1985 subdivision request, he should be allowed to develop the 7 lot configuration he proposed. He felt that being required to make his lots a minimum of 1.8 acres would be a taking of his property. Dave Odell appeared before the Commission and stated that he felt the proposed 7 lot configuration would not allow the best buildable area or adequate septic facilities for each lot. He did not think that 80,000 square foot lots were unreasonable. Vikki 7o Kennedy appeared before the Commission and expressed support for the proposed 7 lot configuration of this subdivision. Alex Rice appeared before the Commission and expressed support for the proposed 7 lot configuration of this subdivision. Omar Stratman appeared again to clarify that he did not feel that his lot was out of the ordinary as far as drainage, and that it's terrain was similar to other lots in Chiniak as well as all around Kodiak. P & Z Minutes: November 15, 1995 Page 6 of 12 Bonnie Kimball appeared before the Commission and expressed support for the proposed 7 lot configuration of this subdivision. Ernie Scheidler appeared before the Commission and expressed opposition to this request as presented. He felt that the proposed subdivision was not in keeping with the Chiniak Comprehensive Plan and that, given the nature of the terrain, the proposed lot size was not adequate for development of water and septic. Marie Rice appeared before the Commission and expressed support for the proposed 7 lot configuration of this subdivision. Public Hearing Closed. Regular Session Opened. CHAIR FRIEND stated that when the portion of Lot 6 was added to Lot 7, it took away enough of the lot to justify the requirement of 1.8 acre lots. He felt that the requirement was reasonable. When asked about the requirement of potable water, LINDA FREED responded that the condition was a requirement taken from the Borough Code, and was added as a condition of approval as a result of the discussion at the packet review worksession. COMMSSIONER KNAUF felt that Mr. Stratman had compromised by making 7 lots instead of the 12 that might otherwise be allowed under RRl requirements. He felt comfortable with the subdivision as presented. COMMISSIONER SZABO stated that she felt the Chiniak Comprehensive Plan was being tested and it was important for the Commission to follow the Plan. It would be a precedent setting decision, and would affect future subdivision plans in Chiniak. COMMISSIONER SELIG agreed that Mr. Stratman had presented a reasonable proposal, but felt compelled to uphold the Chiniak Comprehensive Plan, and require that the lots in the proposed subdivision be 1.8 acres. COMMISSIONER BELL felt that the 1985 approval of 7 lots provided Mr. Stratman with some grandfather" rights and was comfortable with the proposed configuration. COMMISSIONER SZABO responded that preliminary subdivision approval expires after 24 months, and to create lots that are not consistent with the area plan is something the Commission should not do. P & Z Minutes: November 15, 1995 Page 7 of 12 1 G LINDA FREED added that other significant differences between this proposal and that approved in 1985, were subdivision code changes that allow private roads and flagstem lots. The question was called and the MOTION TO AMEND BY SUBSTITUTION FAILED by a roll call vote of 3-2. COMMISSIONERS BELL and KNAUF voted no. COMMISSIONER SELIG MOVED TO AMEND the main motion to include proposed conditions of approval numbers two through six. The motion to AMEND was seconded and carried by unanimous roll call vote. The question was called and the amended motion CARRIED by a roll call vote of 4-1. COMMISSIONER SZABO voted no. COMMISSIONER SZABO MOVED TO ADOPT the following findings of fact in support of Case S94-020: FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required Chapter 16 of the Borough Code. 2. This plat meets all the requirements of Chapter 17.17 RRI-Rural Residential One zoning district, of the Borough Code. The MOTION was seconded and CARRIED by unanimous roll call vote. B) Case 95-025. Review of proposed SRO (Single Resident Occupancy) development standards, as additions to the Kodiak Island Borough Zoning Code. LINDA FREED indicated no individual public hearing notices were mailed for this case but that it was noticed in the local newspaper. The SRO provisions were worked by the Commission for about a year and presented to the Assembly in April of 1994 and failed, most likely because they were presented in conjunction with proposed boarding house regulations. Some Commissioners felt the SRO regulations would be beneficial and requested they be presented again, for consideration. Staff recommended the Commission forward the SRO regulations to the Borough Assembly with a recommendation of approval. COMMISSIONER KNAUF MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the SRO (Single Resident Occupancy) development standards and incorporate them into Title 17 (Zoning) of the Borough Code P & Z Minutes: November 15, 1995 Page 8 of 12 Regular Session Closed. Public Hearing Opened: Seeing and hearing none: Public Hearing Closed. Regular Session Opened. The MOTION was seconded and CARRIED by unanimous roll call vote. C) Case S95-022. Request for preliminary approval of the vacation of Lot 613-1 and 7B, U.S. Survey 2538A, and replat to Lots 6B-lA and 711-1, U.S. Survey 2538A. 610 Mill Bay Road and 614 Egan Way. LINDA FREED indicated 43 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff recommended approval of this request subject to 2 conditions. COMMISSIONER SELIG MOVED TO GRANT preliminary approval of the vacation of Lot 613-1 and 7B, U.S. Survey 2538A, and replat to Lots 6B-lA and _ 711-1, U.S. Survey 2538A, subject to the conditions of approval contained in the staff report dated November 1, 1995 and to adopt the findings contained in the staff report dated November 1, 1995 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Provide a fifteen (15) foot wide utility easement on the northern lot lines of proposed Lots 6B-lA, 6B-1B and 713-1, adjacent to Egan Way, as indicated. 2. The City shall dedicate the small northeasterly sliver of proposed Lot 6B- lA to the Egan Way right-of-way in order to make that right-of-way uniformly 50 feet wide. 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. P & Z Minutes: November 15, 1995 Page 9 of 12 / Regular Session Closed. Public Hearing Opened: Seeing and hearing none: Public Hearing Closed, Regular Session Opened. The MOTION was seconded and CARRIED by unanimous roll call vote. A) Case 95-020. Reconsideration of the Planning and Zoning Commission decision to grant a request for a conditional use permit, 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. All state lands located within Sections 31-34, T31S, R19W, and Sections 3-6 and 9, T32S, R29W LINDA FREED indicated a motion to reconsider this decision had been filed. The motion is on the floor to reconsider the Commission's decision to grant the CUP. Discussion on this motion should focus on the merits of reconsideration. The motion currently on the floor is: Move to reconsider the October 18, 1995 Planning and Zoning Commission decision to grant a request for a conditional use permit, to permit a rocket launch facility and associated structures to be located on approximately 3,077 acres ofland at Narrow Cape, near Pasagshak Bay. Should the vote to reconsider fail, the original decision granting the CUP remains final unless appealed to the Assembly. Should the vote to reconsider pass, the Commission's original motion would be on the floor for discussion. The Commission discussed the merits of reconsideration. COMMISSIONER KNAUF felt that it was not unreasonable to postpone granting the CUP until the EA had been reviewed by the public. He supported the project but felt that more information should be made available to the community prior to granting the CUP. COMMISSIONER SELIG felt comfortable issuing the CUP with the condition of approval. He reiterated that granting the CUP, and the findings in the EA were P & Z Minutes: November 15, 1995 Page 10 of 12 separate issues. He thought that the economic benefit of the project would be great. COMMISSIONER BELL stated that she felt the public would be allowed other opportunities to comment on different aspects of the project during the various permitting stages, and that the condition placed on the CUP was adequate. CHAIR FRIEND contended that he looked at the site plan and reviewed the buildings and layout of the project, and that with the condition of approval, he felt comfortable approving the CUP. COMMISSIONER SZABO felt comfortable with the opportunities the public would have to comment throughout the permitting process of this project, to agencies more able to address their concerns. Dave Sadlowski reconfirmed that the CUP would, in a sense, be the last permit in place, conditioned upon approval of all other State and federal permitting requirements. He also stressed that the 30 day comment period on the draft EA would include a public meeting, to hear concerns from community members. He agreed that review of the EA and approval of the CUP were two separate issues. The question was called and the MOTION to reconsider FAILED by a roll call vote of 1-4. COMMISSIONERS SZABO, SELIG, FRIEND and BELL voted no. VIH. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER KNAUF MOVED TO ACKNOWLEDGE RECEIPT of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated November 7, 1995 from Tom Bouillion to Mike Haggren, RE: Fishing gear storage on Lot 3, Block 1, Monashka Bay Alaska Subdivision, a non - owner occupied RRl zoned lot. B) Announcement of American Planning Association audio conference program: Examine the Issues with the Experts, on December 6, 1995. C) Publication from AADC titled: ALASKA AEROSPACE UPDATE, dated Wednesday November 8, 1995, There were no further communications. P & Z Minutes: November 15, 1995 Page 11 of 12 C X. REPORTS LINDA FREED asked the Commission about their attendance plans and topics of discussion at the upcoming worksessions. After some discussion, the Commission agreed that the worksessions for November 22, 29, and December 6 and 27 would be cancelled. COMMISSIONER KNAUF MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. M. AUDIENCE COMMENTS Mike Brechan appeared to say that he felt the Commission made the right decision on the Kodiak Launch Complex. XII. COMMISSIONERS' COMMENTS CHAIR FRIEND adjourned the meeting at 10:20 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS SION By: I� Tom' C ATTEST By: & - 0/lzlba Eileen Probasco, Secretary Community Development Department DATE APPROVED: December 20, 1995 P & Z Minutes: November 15, 1995 Page 12 of 12