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1998-01-21 Regular MeetingC KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING —JANUARY 21, 1998 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Acting Chair Turner on January 21, 1998 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Darlene Turner, Chair Donna Bell Suzanne Hancock Roberta Scheidler Clarence Selig Walter Stewart Commissioners Absent: Jerrol Friend - Excused A quorum was established. IIL APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Dept. Bob Scholze, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. COMMISSIONER BELL 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 SELIG MOVED TO ACCEPT the minutes of the December 17, 1997 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS P & Z Minutes: January 21, 1998 Page I of 16 A) Case 97-026. Request for a conditional use permit, in accordance with Section E 17.13.040.F (Conditional uses) of the Borough Code, to permit non -recreational gravel extraction activities, consisting of the removal of approximately 20,000 cubic yards of material, within Section 14, T31S, R20W. Generally located near Pasagshak Bay, east of Lake Rose Tead and west of Pasagshak Road (Postponed from the December 17,1997 regular meeting). BOB SCHOLZE indicated 57 public hearing notices were mailed for this case this month and 2 were returned opposing this request. Staff reported that ADF&G had submitted a letter in December expressing concerns that needed to be addressed prior to issuance of the CUP. Since that time, the applicant had provided ADF&G with a proposed plan to address those concerns, and ADF&G had agreed that the proposed safeguards, in addition to the conditions recommended by staff, would provide adequate protection to the habitat. Staff recommended approval of this request subject to 8 conditions. COMMISSIONER STEWART MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.13 (Conditional uses) of the Borough Code to permit non -recreational gravel extraction activities, consisting of the removal of approximately 20,000 cubic yards of material within Section 14, T31S, R20W; subject to the conditions of approval contained in the staff report dated December 29, 1997, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. This conditional use permit is approved for the amount of material (20,000 cubic yards) and the timeframe (approximately two years, or until November 30, 1999) indicated in the applicant's Alaska Department of Natural Resources Negotiated Material Sale Contract. 2. A minimum of five (5) acres, consistent with the minimum lot area for the C-Conservation zoning district, must be defined by survey description or metes and bounds corresponding with the CUP area. 3. Maintain a minimum one hundred (100) foot undisturbed buffer between the lake and activity and equipment operations related to the project. 4. Maintain a minimum one hundred (100) foot wide undisturbed greenbelt preserving existing vegetation between the road and the project area. 5. An eight (8) foot high berm to minimize visual and audio impacts, compacted and stabilized with fast germinating grass seed, will be created around the 300 ft. by 300 ft. project area, as indicated in the site plan. The P & Z Minutes: January 21, 1998 Page 2 of 16 settling pond will be located approximately 400 feet from the lake/lagoon at the south edge of the project area, as recommended by ADF&G. 6. Water for operations will be obtained from a well, not the lake. No water will be withdrawn from Lake Rose Tead or the lagoon without a fish habitat permit issued by ADF&G, Habitat and Restoration Division. 7. Upon project completion, the entire excavation site, including the old quarry, will be contoured level and covered with organic berm materials, and then fertilized and reseeded the next spring or early summer, as recommended by ADF&G. 8. The access point from the Pasagshak Road will be identified and minimum of twenty-four (24) feet wide to accommodate two-way traffic. FINDINGS OF FACT 17 67.05 A That the conditional use will preserve the value spirit character and integt i y of the surrounding area. The value, spirit, character and integrity of the surrounding area can be preserved by measures taken to minimize impacts from the gravel extraction. These include utilization of an eight (8) foot high berm to provide screening from the roadway, control of potential erosion and runoff, and reclamation consisting of recontouring the site and reestablishing vegetation by fertilizing and reseeding early in the growing season. The applicant proposes to stabilize the site by regrading to allow sufficient moisture to be retained for natural vegetation, and to respread stockpiled topsoil over the reclaimed area to promote natural plant growth. 17.67.05 B. That the conditional use fulLills all other requirements of this chapter pertaining to the conditional use in question The site plan indicates location of gravel excavation and processing areas well away (100 f. minimum) from both the lake and the road. A settling pond with silt fences should contain drainage impacts within the project area and will be located approximately 400 feet from the lake/lagoon and the south edge of the project area. The access point from the Pasagshak Road will be identified and a minimum of twenty-four (24) feet wide to accommodate two-way traffic if necessary. Non recreational mineral extraction activities, such as this commercial gravel excavation, are specifically permitted as a conditional use in the C-Conservation zoning district. Safeguards can be employed to minimize impacts while realistically and economically providing a resource necessary to the development P & Z Minutes: January 21, 1998 Page 3 of 16 of an activity previously permitted as an appropriate conditional use (i.e., rocket > launch facility). 17 67 05 C That granting the conditional use permit will not be harmful to the public health. salty. convenience and comfort. The gravel extraction site is located two miles from tideland at Pasagshak Beach, and separated from Lake Rose Tead by an undisturbed 100 foot buffer for separation from anadromous fish habitat and an eight (8) foot high berm to minimize visual and audio impacts. The nearest residences are more than a mile away, ensuring minimal noise and dust impact on neighbors. The greatest impact may be on traffic, due to the heavy recreational use of the area during the summer. Adequate access to the site provided by a wide ingress/egress point will help alleviate potential traffic safety problems. 17.67. 05 D. That su f cient setbacks lot area bu ,hers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The remoteness of the site, combined with topography and natural vegetation, ensures sufficient buffering from nearest residential development. The eight (8) foot high berm established around the proposed extraction area will provide screening from traffic and recreationalists using Lake Rose Tead. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: John Pfeifer, agent for the applicant, appeared before the Commission and expressed support for this request. He reported that this material was for Phase I of AADC's Kodiak Rocket Launch Project. At COMMISSIONER SCHEIDLER'S request he reported that this phase of the project was proposed for completion by the end of August 1998. When asked about the amount of gravel that would be required for Phase 11 he referred to Jim Graham, contractor for this phase of the project. Jim Graham, representing AK Construction, appeared before the Commission and expressed support for this request. He stated that this site was chosen above other sites for the high quality of rock. He said that rock could be obtained from one of the other sites but that it would be more costly because of its lesser quality for use in asphalt and concrete. COMMISSIONER TURNER clarified that 20,000 cubic yards of material was needed for Phase I, and that was the amount reflected in the ADNR permit. Mr. Graham confirmed that quantity. P & Z Minutes: January 21, 1998 Page 4 of 16 Mike Sirofchuck appeared before the Commission and expressed concern about this request. He thought that it would be better to postpone because he felt the Commission needed to be more informed and involved in the overall plan for the total amount of material required for the project. He wanted to see the Borough have more control in the amount and location of gravel extraction activities. He was also concerned about dust control, securing machinery on site, for safety purposes, while not in use, and about the aesthetics of the proposed eight -foot berm. Jack McFarland, property owner in Pasagshak, phoned in and expressed his agreement with Mr. Sirofchuck's comments. David Nesheim appeared before the Commission and expressed support for this request. He felt the Commission should not deny the request, as they had just approved a similar request last month, in the same general vicinity. He thought it was unreasonable to ask the contractor to delay the project when these concerns could all be addressed in Phase H. Mike Milligan phoned in and expressed that he did not feel the request should be denied, but that he did not oppose postponement. He shared that he had traveled to Florida to view the launch at Cape Canaveral and had observed that the surrounding wild areas had survived, if not flourished, not in spite of the project, but because of the care taken as a result of the project. He said that he lived near a gravel pit and his main complaint was the noise. He supported higher standards. Kristin Stahl -Johnson appeared before the Commission to express her agreement with Mr. Sirofchuck's comments. She was frustrated with the lack of planning for the overall project, and was dismayed at the possibility of nine gravel pits in the area. Dan Urban, property owner in Pasagshak, telephoned and expressed opposition to this request. He felt it was an inappropriate use of a high value recreational area. He wondered if any conditions were proposed if artifacts were discovered on site during the project. Public Hearing Closed. Regular Session Opened. COMMISSIONER SELIG asked who regulated the discovery of artifacts on the site. Linda Freed responded that it was state land, and that it was regulated by the State of Alaska, Department of Natural Resources. COMMISSIONER SELIG was also concerned about dust control, and about securing the site for safety purposes. P & Z Minutes: January 21, 1998 Page 5 of 16 COMMISSIONER SCHEIDLER wanted to ensure good planning for the entire project. She wanted to see an overall plan of total gravel extraction needs. When she asked about postponing for another month, Linda Freed reported Borough Code requires that the Commission make a decision on a request for a CUP within 30 days of the public hearing, which was held on December 17, 1997. The only way the Commission could postpone is if the applicant agreed. ACTING CHAIR TURNER asked Jim Graham, agent for the AADC contractor, if he would agree to further postponement. Mr. Graham stated he did not wish to postpone. The Commission discussed their concerns and agreed that it could not justify denial of this request, as they had approved a similar request just the previous month. However, they wanted the applicant to be aware that they wished to see an overall development plan, including total material extraction required for the entire project, prior to considering any further CUP requests. COMMISSIONER SELIG MOVED TO AMEND the main motion by adding conditions number 9 and 10, as follows: 9. Provide a water truck to ensure adequate dust control, on site and on the road, during material extraction activities. 10. Promote site security by posting NO TRESPASSING signs in conspicuous and visible locations at the site. The motion to amend was seconded and CARRIED by unanimous roll call vote. The question was called and the motion CARRIED by unanimous roll call vote. COMMISSIONER SCHEIDLER stated that she wished individuals had expressed these concerns when the Commission heard the first material extraction CUP request for this area. B) Case 98-001. Request for a conditional use permit, in accordance with Section 17.13.040.11 (Conditional Uses) of the Borough Code, to permit the construction of a super dual auroral radar network (as a communication facility) on a C- Conservation zoned parcel. Generally located within U.S. Survey 5704, near Miller Field. BOB SCHOLZE indicated 12 public hearing notices were mailed for this case and 4 were returned, 1 in favor of and 3 opposing this request. Staff recommended approval of this request subject to 3 conditions. P & Z Minutes: January 21, 1998 Page 6 of 16 �^ COMMISSIONER SCHEIDLER MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.H (Conditional Uses) of the Borough Code to permit the construction of a super dual auroral radar network (as a communication facility) on C-Conservation zoned property within U.S. Survey 5704 in Chiniak; subject to the conditions of approval contained in the staff report dated December 26, 1997, and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. A minimum of five (5) acres, consistent with the minimum lot area for the Conservation zoning district, must be defined by survey description or metes and bounds corresponding with the CUP area. 2. This conditional use permit is contingent on review and approval of the SuperDARN radar network by the United States Coast Guard to ensure compatibility with existing communication facilities in the area. 3. Should this radar site be abandoned due to the development of alternate technologies or obsolescence, the site will be cleared of unused equipment and structures not otherwise permitted in the zoning district and restored to a natural state within one (1) year. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value, spirit character and integrity of the surrounding area. The value, spirit, character and integrity of the surrounding area can be preserved by measures taken to minimize development impacts. Natural vegetation around can be required to be maintained to the maximum extent possible as buffers to maintain aesthetics and visual vistas. The site itself is fairly isolated, separated by approximately one mile from existing residential areas, and entirely surrounded by property in the same ownership with no development. Should this radar site be abandoned due to the development of alternate technologies or obsolescence, a condition of approval can require that the site be cleared of unused equipment and structures not otherwise permitted in the zoning district and restored to a natural state. This will ensure that there will not be residual impacts unrelated to the identified need and permitted use. 17,67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question P & Z Minutes: January 21, 1998 Page 7 of 16 Based on the site plan and other supporting documentation, it appears that the ( conditional use will fulfill the requirements of Chapter 17.13 (C-Conservation District) of the Borough Code. Communication facilities are specifically permitted as a conditional use in the zoning district and safeguards can be employed to minimize impacts while providing a service that is proposed as having value in providing scientific information to better understand and predict arctic weather patterns. Natural vegetation coverage and drainage pattern should be preserved in great measure since the only structural development in the project area will be twenty 3 ft. by 3 f. concrete antennae foundations and a 20 ft. by 20 ft. building. There should be no discernable impact on surface water quality or groundwater recharge, nor is it likely there would be excessive runoff or erosion. 17 67 05 C. That granting the conditional use permit will not be harmful to the public health, safeoL convenience and comfort. The project area is located approximately one mile from the nearest established residential development. Information provided by the applicant indicates that the SuperDARN is a low power system with a peak transmitted power of only 16kW and average power less than 500, having no known environmental effects. Since the proposed site is beyond the terminus of the public highway, there will be no significant traffic impacts. The antennae towers and structure will be constructed and maintained in accordance with applicable federal, state and local requirements, including standards of the Uniform Building and Fire Codes. The radar equipment will be installed and operated in compliance with all applicable FAA and FCC regulations. 17 67 05 D. That sufficient setbacks lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A throughof this section. Even more than the twenty-five foot setbacks required in the C-Conservation zoning district, the remoteness of the site, distance from any residential development, natural vegetation and topography will serve to provide buffering and safeguards against conflicts arising from potential incompatibilities between the proposed development and other land uses. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: P & Z Minutes: January 21, 1998 Page 8 of 16 Dr. Bill Bristow, agent for the applicant, was connected to the public hearing via telephone. Jim Wells appeared before the Commission to ask questions, and stated that he had worked on similar communications towers. He asked about the take -off angle, if the towers were fixed or rotating, who was the manufacturer, were they FAA approved, and if the towers were guyed. He thought they looked similar to the communication towers at the Com-Sta and his feeling was that the radiation would be minimal and that the towers would not affect wildlife. Ed Ward, representing the property owner, appeared before the Commission and expressed support for this request. He agreed that the radiation would be minimal and that the intent was to use the information from these towers to monitor weather patterns. He confirmed however, that the frequency was very low, and did not have the strength to change the weather, as some had alleged. Kristin Stahl -Johnson appeared before the Commission and expressed opposition to this request. She felt that this project was one piece of a larger plan and that something deadly could result. She referred to the HAARP project and was concerned that the U.S. Government was putting together a plan to harness energy to benefit national defense. She wanted everyone to be aware of what was going on. Carolyn Heitman phoned to express opposition to this request. She had been looking on the internet and discovered that there were 6 similar sites in the northern hemisphere. She felt that there was a lot of information available that the Commission had not yet had the opportunity to review, and she favored postponement. Janet Axell appeared before the Commission and expressed opposition to this request. She read parts of a letter submitted by Susan Payne also in opposition. She had read a lot of information and although the project is portrayed as harmless, she felt the earth is telling us that all is not right. Ms. Axell felt there needed to be local visioning and planning, honoring our inner -connectedness. Shelly Ege appeared before the Commission and expressed opposition to this request. She felt there were a lot of unknown factors, and was concerned about moral issues. Dr. Bill Bristow, (connected via telephone) from Johns Hopkins University, agent, spoke to the questions asked by the Commission and others testifying. He stated that the SuperDARN project transmits at a very low power, lower than required by FCC. The purpose of the project was an environmental monitoring system to determine how earth's atmosphere is affected by space. In answer to Mr. Wells questions, he reported on the manufacturer of the antennas, that they P & Z Minutes: January 21, 1998 Page 9 of 16 are fixed not rotating, and that there would be a total of 20 towers; 1 row of 16 and a 2' row of 4. He reported that there was a sister -system planned for Prince George B.C., and while not required, the system worked better if they operated in pairs. At COMMISSIONER BELL'S question, Dr. Bristow reported that this project had no connection to the HAARP project, but that SuperDARN will be able to monitor the impact of the HAARP project. COMMISSIONER BELL asked if they would be operating this project if HAARP were not in existence. Dr. Bristow responded, yes, that this project was completely independent of HAARP. ACTING CHAIR TURNER asked if the project was connected with any other projects, and Dr. Bristow reported the project was associated with the Geophysical Institute at the University of Alaska, Fairbanks. COMMISSIONER SELIG asked about the life span of the project. Dr. Bristow responded that they expected it to operate for at least 10 years. Sun spots cycle approximately every 11 years and they hoped to monitor the long term environmental affects of the sun. COMMISSIONER STEWART asked about condition number 2, and Dr. Bristow said that he had been in contact with the FCC, and that they have the power to approve or disapprove this project. He said that their transmitting system is set on a frequency that will not interfere with emergency transmissions, and that it monitored every 6 seconds for other communications on the frequency. ACTING CHAIR TURNER asked what was the source of their funding. Dr. Bristow responded that they received their funding from the National Science Foundation, Office of Polar Program. He stated that they would receive no military funding. COMMISSIONER SCHEIDLER asked about the possibility of the project benefitting the community with an education program of some kind. COMMISSIONER STEWART asked if there were any weapons involved in any way in this project, and was assured that there were not. ACTING CHAIR TURNER questioned if there were any relationship between this research project and the AADC launch facility. Dr. Bristow responded, no. Public Hearing Closed. Regular Session Opened. COMMISSIONER SCHEIDLER MOVED TO AMEND the motion by adding condition number 4 as follows: P & Z Minutes: January 21, 1998 Page 10 of 16 4. Develop a community education program, which would include representatives of the project, to provide public and school district access to the project information. The motion to amend was seconded and CARRIED by unanimous roll call vote. The question was called and the motion CARRIED by a roll call vote of 5-1. CHAIR TURNER voted no. C) Case S93-011. Request for approval of the revision of a plat note which currently restricts use of the driveway easement along the flagstems to Lots 8B & 8C, Block 4, Miller Point Alaska Subdivision, First Addition, as shown on Plat 93-39, to include access for Lot 8A, in addition to Lots 8B & 8C. 3388, 3400 & 3410 Eider Street. BOB SCHOLZE indicated 44 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. COMMISSIONER SELIG MOVED TO APPROVE the revision of a plat note which currently restricts use of the driveway easement along their flagstems to Lots 8B and 8C, Block 4, Miller Point Alaska Subdivision, First Addition, as shown on Plat 93-39, by expanding it to include access for either one or both of the lots in front (Lots 8A and 8D), and to adopt the findings in the staff memorandum dated December 30, 1997 as "Findings of Fact' for this case FINDINGS OF FACT 1. Modification of the plat note, as requested, advances traffic safety since it will allow as many lots as possible to utilize the flagstem driveway access easement, keeping vehicle entry points onto the road to a minimum. 2. Modification of the plat note as requested will accommodate better utilization of Lot 8A since it will allow for a greater range of house design and orientation options while having minimal impact on the other three lots. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Kevin Arndt. agent for the applicant, appeared before the Commission and expressed support for this request. He understood that the neighbor was concerned about the drainage in the area as it all appeared to channel onto his lot. P & Z Minutes: January 21, 1998 Page 1 I of 16 Mr. Arndt said that he had been in contact with Mr. Erickson, the owner of the neighboring lot, and agreed that he would do what he could to help with the problem. He felt however, that it was Mr. Erickson's problem, not his. Mr. Arndt did not feel that his request should be held hostage because of a drainage problem that was not within his control. LINDA FREED stated it appeared that at least part of the problem was that the culvert installed on Mr. Erickson's lot was 18", which was not big enough to accommodate the velocity of water draining from the 24" culverts on lots above his. hi addition, the culvert had not been kept cleaned out, which caused a flooding problem on Mr. Erickson's lot. The 18" culvert was installed prior to development of Lots 8A-8D. At ACTING CHAIR TURNER'S request, MS. FREED further explained that the Commission has limited authority relating to drainage, as in Section 16.70.020 Prerequisites to approval, A.5 Drainage of the Borough Code which states in part, "All necessary facilities, either underground pipe or drainage ditches, shall be installed to provide adequate disposal of surface water as are needed to maintain or reroute any natural water courses. Natural water courses shall not be blocked or impeded. " She was not sure whether this drainage problem was an issue for the commission or was a civil issue, however, she said staff had not requested an attorney's opinion for a determination. ACTING CHAIR TURNER felt an attorney's opinion would be valuable. COMMISSIONER SELIG did not want the Borough to be put in a bad light. COMMISSIONER BELL wanted assurance that the drainage problem would be solved. LINDA FREED reiterated that the subdivision as it existed had been approved with a drainage plan in place. The only request before the commission was for the changing of a plat note concerning access and shared driveways. Kevin Arndt reported that this problem had existed prior to his owning the Lots above Mr. Erickson's. The drainage problem was not a result of any action of Mr. Arndt, but that Mr. Erickson happens to own the lot that the water in that area travels through, and that his culvert was not adequate to handle it. He reiterated that maintaining Mr. Erickson's culvert was not his responsibility. COMMISSIONER SELIG understood Mr. Arndt's situation. He was sympathetic to Mr. Erickson's problem but realized that it was not Mr. Arndt's responsibility to fix it. He appreciated Mr. Arndt's offer to help with the situation. P & Z Minutes: January 21, 1998 Page 12 of 16 COMMISSIONER HIMES asked if a maintenance agreement were in place for the common use of the driveways. Mr. Arndt responded that there was not. David Nesheim appeared before the Commission and expressed his support of this request. Public Hearing Closed. Regular Session Opened. The Commission discussed some concerns about an agreement for shared costs of maintenance to the flagstems, and that they felt the plat should be reviewed by the City Fire Marshall prior to final approval. They discussed possible postponement, but agreed that conditions of approval could be added. COMMISSIONER SELIG MOVED TO AMEND by adding condition of approval #1 as follows: 1. The applicant shall provide a written agreement to include a covenant or condition in each deed for each lot provided access by the flagstems. The covenant or condition shall require the landowners to share in the payment for any necessary construction and maintenance of the common driveway. The motion to amend was SECONDED and CARRIED by unanimous roll call vote. COMMISSIONER HIMES MOVED TO AMEND by adding condition of approval 92 as follows: 2. Approval of this plat note revision is contingent upon review and approval of the local Fire Marshall. The motion to amend was SECONDED and CARRIED by unanimous roll call vote. The question was called and the main motion CARRIED by unanimous roll call vote. D) Case 597-004. Planning and Zoning Commission confirmation of flagstem access and utility easements in Trinity Island Subdivision; and request for approval of the revision of a plat note which currently restricts use of the driveway easement along the flagstems to Lots 9, & 10, Block 2, Trinity Island Subdivision, as shown on Plat 97-13, to include access for Lot 11 in addition to Lots 9 & 10. 3580, 3562 & 3548 Sitkinak Drive. P & Z Minutes: January 21, 1998 Page 13 of 16 BOB SCHOLZE indicated 16 public hearing notices were mailed for this case and none were returned. Staff recommended approval of the confirmation of flagstem access and utility easements and approval of the plat note revision. He suggested that since this request was similar to the previous request, the Commission might consider adding the same two conditions of approval. He recommended that two separate motions be made. COMMISSIONER SCHEIDLER MOVED TO CONFIRM flag stem access and utility easements in Trinity Islands Subdivision. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Ed Mahona applicant, appeared before the Commission and expressed support for this request. He was concerned about adding a condition to his request requiring fire marshal approval. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. COMMISSIONER BELL MOVED TO APPROVE the revision of a plat note which currently restricts use of the driveway easement along their flagstems to Lots 9 and 10, Block 2, Trinity Islands Subdivision, as shown on Plat 97-13, by expanding it to include access for either one or both of the lots in front (Lots 8 and 11) subject to the following two conditions of approval, and to adopt the findings in the staff memorandum dated December 30, 1997 as "Findings of Fact' for this case. The applicant shall provide a written agreement to include a covenant or condition in each deed for each lot provided access by the flagstems. The covenant or condition shall require the landowners to share in the payment for any necessary construction and maintenance of the common driveway. 2. Approval of this plat note revision is contingent upon review and approval of the local Fire Marshall. FINDINGS OF FACT: 1. Modification of the plat note as requested advances traffic safety since it will allow as many lots as possible to utilize the flagstem driveway access easement, keeping to a minimum vehicle entry points onto the road. P & Z Minutes: January21, 1998 Page 14 of 16 2. Modification of the plat note as requested will accommodate better utilization of Lot 11 to allow for practical access in conformity with the house design and orientation on the lot while having minimal impact on the other three lots. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Ed Mahoney appeared again and asked for clarification on the conditions. He wanted to make sure that only those lots that wished to use the flagstems for access were bound by the written agreement. LINDA FREED confirmed that the way the motion and condition were worded would allow the most flexibility. It still provided the opportunity if each property owner desired, but did not require them to participate in maintenance if they did not have access over the flagstem. Public Hearing Closed. Regular Session Opened. 10 The question was called and the motion CARRIED by unanimous roll call vote. VII. OLD BUSINESS VIII. NEW BUSINESS A) Election of officers and appointment of Parks and Recreation Representative DARLENE TURNER was elected as CHAIR. JERROL FRIEND was elected as VICE CHAIR. WALT STEWART volunteered to be the Parks and Recreation Representative O IX. COMMUNICATIONS COMMISSIONER SCHEIDLER MOVED TO ACKNOWLEDGE RECEIPT of items A through B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Article from September 1995 Washington Post titled: Community Living: Look for Bike Paths, Not Golf Courses. B) Article from November 24, 1997 High Country News titled: How an Eco-Logger Views His Work. P & Z Minutes: January 21, 1998 Page 15 of 16 CThere were no further communications. X. REPORTS LINDA FREED reported on upcoming meetings. She also reminded the Commission of the bus service which would be starting on February 2. February 4, 1998 P&Z worksession February 11, 1998 Packet review worksession February 13 & 14, 1998 Planning Commissioner Training Seminar - Anchorage February 18, 1998 Regular meeting COMMISSIONERS HIMES, TURNER AND SCHEIDLER wished to attend the training seminar. COMMISSIONER SCHEIDLER MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XIL COMMISSIONERS' COMMENTS XIII. ADJOURNMENT ACTING CHAIR TURNER adjourned the meeting at 10:45 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: rlene Turner, Chair ATTEST By: Eileen Probasco, Secretary Community Development Department LDATE APPROVED: March 18, 1998 P & Z Minutes: January 21, 1998 Page 16 of 16