1999-01-20 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - JANUARY 20, 1999
MINUTES
FEB '9.
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by CHAIR TURNER on January 20, 1999 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Darlene Turner, Chair
Donna Bell
Bob Himes
Roberta Scheidler
Clarence Selig
Walter Stewart
Others Present:
Linda Freed, Director
Community Development Dept.
Bob Scholze, Associate Planner
Community Development Dept.
Jennifer Smith, Secretary
Community Development Dept.
A quorum was established.
III. APPROVAL OF AGENDA
CHAIR TURNER asked if there were any changes to the agenda. BOB SCHOLZE
stated there were no changes or additions.
COMMISSIONER HIMES MOVED TO ACCEPT the agenda as presented. The
motion was seconded by COMMISSIONER BELL, and CARRIED by unanimous voice
vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER HIMES MOVED TO ACCEPT the minutes of the December 16,
1998 Planning and Zoning Commission regular meeting, as submitted. The motion was
seconded by COMMISSIONER STEWART, and CARRIED by unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
CHAIR TURNER asked if there were any audience comments.
STEVEN HONING appeared before the Commission to express his concerns and
interpretations of omissions and misrepresentation by the project sponsor for the
SuperDARN project which included the following:
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1. Power generation hazards
2. Hazards to aircraft
3. Hazards to humans
4. Federal agency positions
5. Liabilities
6. Resolving unknown facts about the SuperDARN system
7. A personal special request
Copies of Mr. Honig's letter dated January 18, 1999 was given to the Commission which
contained his interpretations of the omissions and misrepresentations of the SuperDARN
project.
CHAIR TURNER invited Mr. Honig to continue a discussion with the Commission about
his concerns at end of meeting so that the Commission could proceed with the other items
on the meeting agenda.
VI. PUBLIC HEARINGS
A) Case S98-022. Request for revisions to the approved preliminary plat creating
Lots 13A-l and 13A-2, U.S. Survey 3100 including revisions to the conditions of
approval (K.I.B.C. 16.1O.070.A.4.). 2998 Spruce Cape Road. R2-Two Family
Residential zoning district.
BOB SCHOLZE indicated fourteen (14) public notices were mailed for this case,
and none were returned. Staff recommended approval of this request subject to
four (4) revised conditions of approval.
COMMISSIONER STEWART MOVED TO GRANT preliminary approval of
revisions to the approved preliminary plat creating Lots 13A-l and 13A-2, U.S.
Survey 3100, subject to the revised conditions of approval contained in the staff
report dated January 7, 1999 and to adopt the finding in that staff report as
"Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Prior to final plat approval, the warehouse/shop on proposed Lot 13A-l
will be removed to allow for creation by plat of a fifteen (15) foot wide
sewer utility easement in that location.
2. Prior to final plat approval, the mobile home on proposed Lot 13A-2 will
be removed so individual sewer service and water service lines serve only
the mobile home on proposed Lot 13A-l, as required by the City Public
Works Department. This will also clear the setback encroachment caused
by creation of a lot line touching the mobile home on proposed Lot 13A-2.
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3. Prior to final plat approval, electrical lines currently crossing proposed Lot
13A-l to serve structures on proposed Lot 13A-2 will be removed.
4. Place a plat note stating "No direct access to state maintained right-of-way
unless approved by the State of Alaska Department of Transportation", as
requested by ADOT.
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.
The motion was SECONDED by COMMISSIONER HIMES.
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.
B) Case S98-025. Request for preliminary approval of the subdivision of Tract "A",
U.S. Survey 1678, and creating Lots 1, 2, and 3 of the Eagle Ridge Subdivision.
1955 Marmot Drive. RRI-Rural Residential One zoning district.
BOB SCHOLZE indicated forty-four (44) public hearing notices were mailed for
this case, and none were returned. A reduced copy of plat was provided to the
Commission. Staff recommended approval of this request.
COMMISSIONER BELL MOVED TO GRANT preliminary plat approval of
the subdivision of Tract "A", U.S. Survey 1678, creating Lots 1,2, and 3 of Eagle
Ridge Subdivision, and to adopt the findings in that staff report dated December
23, 1998 as "Findings of Fact" for this case.
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.
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3. This plat provides a subdivision of land that is consistent with adopted
Borough plans for this area.
The motion was SECONDED by COMMISSIONER SCHEIDLER.
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.
C) Case S98-027. Request for preliminary approval of the vacation of Tideland
Tract N-32A and Tideland Tract N-32B, and replating to Tideland Tracts N-32A-
1 and N-32B-1. 416-418 Tagura Road. I-Industrial zoning district.
BOB SCHOLZE indicated seventeen (17) public hearing notices were mailed for
this case, and none were returned. Staff recommended approval of this request
subject to three (3) conditions of approval.
COMMISSIONER SELIG MOVED TO GRANT preliminary approval to the
vacation of Tideland Tracts N-32A and Tideland Tract N-32B, replating to
Tideland Tracts N-32A-l and N-32B-l, subject to the conditions of approval
contained in the staff report dated January 7, 1999 and to adopt the findings in
that staffreport as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. Carry over from Plat 88-42 the note stating: "No structures may be
erected on Tideland Tract N-32B-l unless the property is combined with
adjacent land to meet minimum zoning requirements."
2. Correct the designations of the tracts on the preliminary plat to Tracts N-
32A-l and N-32B-l.
3. Plat a drainage easement ten (10) feet from centerline of the culvert in the
northwest corner of proposed Tract. N-32A-l, as requested by City Public
Works.
FINDINGS OF FACT
1. With the zoning variance previously granted in Case VS-85-057, 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.
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3. This plat provides a subdivision of land that is consistent with adopted
Borough plans for this area.
The motion was SECONDED by COMMISSIONER HIMES.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called and the motion CARRIED by unanimous roll call vote.
D) Case 98-026. Request for lot size variance according to K.I.B.C. 16.40.050.B.1
creating a lot (U.S. Survey 12179) that is less than the minimum five (5) acres
required by K.I.B.C. 17.13.050.A. East Arm of Uganik Bay. C-Conservation
zoning district.
BOB SCHOLZE indicated four (4) public hearing notices were mailed for this
case, and one (1) was returned by the Kodiak National Wildlife Refuge Manager
stating "no objection" to the variance. Staff recommended approval of this
request. Based on the discussion at the packet review worksession, Staff had
prepared a supplemental memorandum dated January 19, 1999.
COMMISSIONER HIMES MOVED TO GRANT a zoning variance for the
creation of U.S. Survey 12179 according to K.I.B.C. 16.40.050.B.l [under
Chapter 17.66 (Variance)] of the Borough Code from the five (5) acre minimum
lot area required by K.I.B.C. Section 17.13.050.A of the C-Conservation zoning,
and to adopt the findings in the staff report dated December 28, 1998 as "Findings
of Fact" for this case.
FINDINGS OF FACT
17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the
property or intended use of development. which generally do not apply to other
properties in the same land use district.
An exceptional circumstance applicable to this property is the requirement that it
be equal is area to the property (U.S. Survey 260: 3.84 acres) for which it is
proposed to be exchanged. The exchange with the Fish and Wildlife Service is
intended to meet the objective of the Kodiak Wildlife Refuge to protect fish and
wildlife habitat from potential adverse impacts of additional development in East
Arm. The purpose for the exchange is to accomplish a net benefit to the public
through protection of fish and wildlife habitat by minimizing private land
ownership. Private lands often become points of access for human activities,
which may adversely affect fish and wildlife resources on adjacent public lands.
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The land exchange will also enhance management of the Refuge by consolidating
land ownership patterns and simplifying administration of a private use of the
Refuge by eliminating the continuing need for issuance of permits.
17.66.050 A.2.Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
Denial of the variance would result in the practical difficulty of denying the U.S.
Fish and Wildlife Service the option of pursuing a public benefit by reducing
overall development potential on private property in the Wildlife Refuge. The
exchange of an existing privately owned 3.84 acre parcel (U.S. Survey 260) for a
parcel of equal size (newly created U.S. Survey 12179) that is presently part of the
Refuge will minimize potential impacts of private development by eliminating
private ownership of one parcel and imposing a conservation easement on
another.
17.66.050 A.3.The granting of the variance will not result in material damages or
prejudice to other properties in the vicinity nor be detrimental to the public's
health. safety and welfare.
Granting the variance will result in no change to the existing historical use of the
property and therefore will not be detrimental to the public health, safety and
welfare.
17.66.050 AA.The granting of the variance will not be contrary to the objectives
of the Comprehensive Plan.
The Comprehensive Plan did not specifically address the U ganik Bay area,
however lodges alld hunting activities are uses permitted in the C-Conservation
zoning district.
17.66.050 A.5.That actions of the applicant did not cause special conditions or
financial hardship from which relief is being sou~ht by the variance.
The size of U.S. Survey 260, which in turn dictates the size (3.84 acres) of the
exchange parcel being created (U.S. Survey 12179), was established in 1904, long
before any of the participants in this action were involved.
17.66.050 A.6. That the granting of the variance will not permit a prohibited land
use in the district involved.
Commercial hunting and a related camp is a permitted use in the C-Conservation
zoning district.
The motion was SECONDED by COMMISSIONER SCHEIDLER.
Regular session closed.
Public hearing opened:
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RICHARD ROHRER, present as agent for the case, offered to answer any
questions the Commission might have regarding the request. CHAIR TURNER
thanked Mr. Rohrer for his attendance at the packet review worksession, and
inquired if he was satisfied with the revised Staff recommendation. Mr. Rohrer
stated that he was indeed satisfied with the Staffs recommendation.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called and the motion CARRIED by unanimous roll call vote.
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
There was no new business.
VIII. COMMUNICATIONS
BOB SCHOLZE noted the one additional new communication item that was distributed
to the Commission earlier in the meeting from Steven Honig. CHAIR TURNER
indicated that Mr. Honig's letter dated January 18, 1999 would be labeled as
Communication Item F.
COMMISSIONER HIMES MOVED TO ACK.~OWLEDGE THE RECEIPT of
Communication items A through F.
The motion was SECONED by COMMISSIONER SELIG and CARRIED by
unanimous voice vote.
A) Letter dated December 17, 1998 to Norman Sutliff from Eileen Probasco,
Assistant Planner, regarding the Kodiak Rocket Launch Complex project.
B) Letter dated December 30, 1998 to Robert Locke from Eileen Probasco, Assistant
Planner, regarding illegal commercial fishing gear and junk storage located at 998
Kraft Way.
C) Anchorage Daily News article Peninsula examines zoning by Tony Lewis, Daily
News Reporter, dated January 3, 1999.
D) Letter dated January 5, 1999 to Darlene Turner, Chair, Planning and Zoning
Commission, and Linda Freed, Director, Community Development Department
from Steven Honig regarding the SuperDARN project.
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E) Response letter dated January 11, 1999 to Darlene Turner, Chair, Planning and
Zoning Commission from William Bristow University of Alaska Geophysical
Institution regarding the SuperDARN project.
F) Letter dated January 18, 1999 to the Planning & Zoning Commission Members
from Steven Honing regarding the SuperDARN project.
There were no further communications.
X. REPORTS
LINDA FREED reported that the next scheduled worksession on January 27, 1999 will
be a PasagshaklNarrow Cape Area Plan worksession, and that interested persons have
been notified of this.
LINDA FREED continued that a possible presentation to the Assembly was scheduled
for the worksession on January 28th about Lakeside subdivision. She will keep the
Commission informed of the statues of the worksession.
COMMISSIONER SELIG MOVED TO ACKNOWLEDGE RECEIPT of reports as
submitted.
The motion was SECONDED by COMMISSIONER SCHEIDLER and CARRIED by
unanimous voice vote.
There were no further reports.
XI. AUDIENCE COMMENTS
CHAIR TURNER called for any further audience comments besides discussion of the
SuperDARN project.
Hearing and seeing none.
CHAIR TURNER requested that Mr. Honig step forward to continue with his comments
about the SuperDARN project. Mr. Honig and the Commission further discussed the
SuperDARN project. Mr. Honig requested that if the representative for the SuperDARN
project withdraws the project, that the Borough still complete a more thorough
investigation, and to make any findings public.
COMMISSIONER HIMES requested clarification on Item #F of Mr. Honig's letter. Mr.
Honig stated that he understood the Swissair airline crash occurred in the proximity of the
Goose Bay SuperDARN site. COMMISSIONER HIMES asked ifthere was any material
on evidence concerning the cause of this airline crash. Mr. Honig indicated that this was
his own opinion.
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COMMISSIONER SCHEIDLER asked if during the packet review worksession held the
previous week, if there was a discussion about how the Commission should proceed,
based on a review of the submitted information?
CHAIR TURNER replied that the Commission had only received the additional
information, and that some discussion was held about the possibility of contacting certain
individuals/entities located in the community, to find out about the possible impact of the
project.
LINDA FREED noted that staff did not plan to take any additional action as a result of
receiving the submitted information unless directed by the Commission to do so. The
information would be in the file for public use. If the Commission wishes to formally
forward the information to the Assembly and/or have staff proceed with any additional
investigation, the Commission should do so by a motion.
COMMISSIONER SELIG questioned where was page #7 of the additional information.
Mr. Honig clarified that it was an excerpt. Also, COMMISSIONER SELIG questioned
the deletion was from section H from (Eastland Scientific Enterprise) on the bottom and
top of page. Mr. Honig replied that deletion was due to a note placed on fax that he
forwarded to other individuals, but that the note was irrelevant to the original material.
CHAIR TURNER called for further questions from the Commission.
COMMISSONER SELIG questioned how the additional information given specifically
about the TW A 800 and Flight 111 was obtained. Mr. Honig replied that information
was in the media, and that it was contained in a report by the National Transportation
Safety Board. COMMISSONER SELIG noted that he follows this type of media
information, and had not come across this information that the crashes were possibly
caused by high intensity pulsation.
COMMISSIONER HIMES MOVED TO FORWARD all the information to the
Assembly for their consideration.
The motion was SECONDED by COMMISSIONER SELIG, and further discussion was
held.
COMMISSIONER SCHEIDLER supported motion but preferred that sorne additional
investigation about the project take place at the Commission level.
After the additional discussion the question was called and the motion CARRIED by a 5
to 1 voice vote with COMMISSIONER TURNER voting no.
There were no further audience comments.
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Page 9 of 10
XII. COMMISSIONERS' COMMENTS
COMMISSIONER SCHEIDLER requested that Staff review the time limit imposed by
the Borough code for a decision on a conditional use permit.
CHAIR TURNER thanked the Commission, Mr. Honig, and Staff for the time spent
reviewing, and information submitted about the SuperDARN project.
XIII. ADJOURNMENT
CHAIR TURNER adjourned the meeting at 8:44 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
--'-~"._-~-'.'''~'-'''._~^,
By: 4l?~g}~
Darlene Turn~Qhalr
ATTEST
")
, SecrehrfY
evelopment Department
DATE APPROVED: February 17, 1999.
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