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1999-02-17 Regular Meeting KODIAK ISLAND BOROUGH !'"'-'- PLANNING AND ZONING COMMISSIqN REGULAR MEETING - FEBRUARY 17,19991 MINUTES ~ . - H"C'." --0 ,_., \l.o' ~... ~~ f, [l.,. . ~,~_ ~,..,~ (I b -'991) 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 February 17, 1999 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Donna Bell Bob Himes Roberta Scheidler Clarence Selig Walter Stewart Darlene Turner, Chair 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 indicated the addition of the January 20, 1999 minutes. COMMISSIONER HIMES MOVED TO APPROVE the agenda as submitted. The motion was seconded by COMMISSIONER SCHEIDLER, and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER STEWART MOVED TO ACCEPT the minutes of the January 20, 1999 Planning and Zoning Commission regular meeting, as submitted. The motion was seconded by COMMISSIONER SELIG, and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. P & Z Minutes: February 17, 1999 Page 1 of8 VI. PUBLIC HEARINGS A) Case 99-001. Request for a conditional use permit, in accordance with Section 17.13.040.B. or E., Conditional Uses, to permit an airstrip within Section 4, T24S, R20W, in the C-Conservation zoning district. East shore of Kazakof Bay on Afognak Island. BOB SCHOLZE indicated one (1) public hearing notice was mailed for this case, and was not returned. Staff recommended approval of this request subject to one condition as discussed during the packet review worksession on January 13, 1999. COMMISSIONER SELIG MOVED TO GRANT a request for a conditional use permit in accordance with Section 17.13.040.B., Conditional Uses, to permit an airstrip within Section 4, T24S, R20W, in the Conservation zoning; subject to the conditions of approval contained in the staff report dated January 29, 1999; and to adopt the findings contained in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. As required by federal Aviation regulations Part 157, submit to the FAA Form 7480-1 as notification of construction ofthe private airstrip. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value. spirit. character and integrity of the surrounding area. Air travel is an integral part of remote bush Alaskan lifestyle. To some extent, the value, spirit, character and integrity of this area has been defined by logging activity. An airstrip to support this historical use will be consistent with the spirit and character of the area, and provide another option for accessing the site. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed conditional use is consistent with both the intent ofKIBC 17.67.010 requiring compatibility of the activity with the surrounding area, and also KIBC 17.13.030.B permitting airstrips in the C-Conservation zoning district as a conditional use. It is also consistent with the special district regulations of the C- Conservation zoning in KIBC 17.13.090 since there is minimal impact on the natural environment and natural features. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health. safety. convenience and comfort. As noted in the first finding of fact for the exception (Case 89-016) previously granted for the logging camp this airstrip supports, logging camps have previously occurred at this location on Afognak without posing any danger to public health, P & Z Minutes: February 17. 1999 Page 20f8 safety and welfare. A condition of approval requires that the applicant file FAA Form 7480-1 notifying the FAA of operation. With the information submitted, the FAA does an aeronautical airspace study to assure that there is no airspace conflict with adjacent airports or nearby air traffic operations caused by the airstrip. 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. There is no structural development near the airstrip. The extremely remote location of the airstrip guarantees setbacks and buffers, and ensures that conflicts with other land uses will not be an issue. 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. B) 99-002. Request for lot size variance according to K.I.B.C. 16.40.050.B.l dividing an existing non-conforming lot of 4.82 acres into two lots (one 3.32 acres, and the other 1.5 acres) both of which are less than the minimum five (5) acres required by K.I.B.C. 17.13.050.A in the C-Conservation zoning district. BOB SCHOLZE indicated thirteen (13) public hearing notices were mailed for this case, and one (1) was returned from the Alaska Dept. of Fish and Game- Habitat Division expressing no objection to the variance but requests that the ten foot (10') wide access easement shown on original plat to be carried over onto any new plat created if the variance is granted. A revised summary statement presented additional information. Staff believes that the request does not meet all the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.66 (Variance) of the Borough code. Staff recommended that the variance not be granted. ~OMMTSSTONER RET J, MOVRD TO GRANT a lot size variance accordim! to ---.--.-------.--------.-- .-- - - ------ ." .....-. -,-_.... ._--------- -----------'-' K.I.B.C. 16.40.050.B.l that would allow dividing an existing nonconforming lot (ASLS 77-33) into two lots (one 3.32 acres, and the other 1.5 acres) both of which are less than the minimum five (5) acres required by K.I.B.C. 17.13.050.A in the C-Conservation zoning district. The motion was SECONDED by COMMISSIONER SCHEIDLER. P & Z Minutes: February 17, 1999 Page 30f8 Regular session closed. Public hearing opened: GREG R. GABRIEL, JR.-Applicant, questioned if he could represent his brother who also is involved with the case. CHAIR TURNER inquired ifMr. Gabriel had a letter from his brother stating that he could represent him during the meeting. Mr. Gabriel stated he did not and was not able to contact him the previous day. As a result CHAIR TURNER suggested that Mr. Gabriel only speak on his own behalf. CHAIR TURNER informed Mr. Gabriel that he could request a postponement of the case. Mr. Gabriel stated that if the Commission would like to postpone his request he would be agreeable, but he would prefer to move ahead with the case. LINDA FREED clarified that the purpose for the public hearing is to accept public testimony. Any questions or discussion items that the Commission may have should be addressed after the public hearing, that is the public, including the applicant, has had the opportunity to testify before the Commission. Mr. Gabriel proceeded with his discussion on his agreements, disagreements, and omissions with staffs "findings of fact" contained in the staff report. Mr. Gabriel urged the Commission to grant the variance. Steve Gray, representing Mr. and Mrs. Guttchen who have an interest in the subjected property, presented the Guttchen's objection to the request. Mr. Gray stated that the requirements for granting a variance have not been met in this case. He urged the Commission to deny the variance. Further discussion was held. Public hearing closed. Regular session opened: The question was called and the motion CARRIED by unanimous roll call vote with a no vote from COMMISSIONER HIMES. COMMISSIONER BELL MOVED TO POSTPONE the "findings of fact" until the March 17, 1999 regular meeting. The motion was SECONDED by COMMISSIONER SCHEIDLER. The question was called and the motion CARRIED by unanimous roll call vote. C) S99-001. Request for preliminary approval of the vacation of Lots 3 and 4C, Block 3, Miller Point Alaska Subdivision, and replat to Lots 1-7, Natalia Subdivision, and Lot 4C-l, Block 3, Miller Point Alaska Subdivision. BOB SCHOLZE indicated twenty (20) public hearing notices were mailed for this case, and none were returned. A supplemental memorandum was provided with revised and expanded additional conditions of approval. Staff recommended approval of this request subject to six (6) conditions of approval. P & Z Minutes: February 17, 1999 Page 4 of8 COMMISSIONER HIMES MOVED TO GRANT preliminary approval to the vacation of Lots 3 and 4C, Block 3, Miller Point Alaska Subdivision, and replat to Lots 1-7, Natalia Subdivision, and Lot 4C-l, Block 3, Miller Point Alaska Subdivision, subject to the conditions of approval contained in the supplemental memorandum dated February 16, 1999 and to adopt the findings in that staff report dated January 29, 1999 as "Findings ofFact" for this case. CONDITIONS OF APPROV AL 1. A drainage plan and engineered road improvement plans must be approved by the Engineering/Facilities Department prior to site development, as required by KIBC 16.70.010.A and 16.70.020.5. 2. As required by the City Public Works Department, engineered sewer and water utility plans must be submitted for approval prior to installation. Prior to final plat approval, a letter from the City accepting the sewer and water distribution lines into the public utility system must be provided to the Community Development Department. 3. Install a fire hydrant between Lots 2 and 3 on Sitkalidak Drive, as requested by the Fire Marshal and required by KIBC 16.70.020.A.3.d. 4. The existing house on proposed Lot 4C-1 will be connected to the pubic sewer and water system prior to final plat approval. The well and septic systems presently serving the house will be abandoned according to applicable ADEC regulatory specifications. 5. Plat utility easements, as requested by KEA and indicated on the KEA plat review, on the southwest corner of proposed Lot 4C-l, on the southerly portion of proposed Lot 7 adjacent to Sitkalidak Drive, and ten (10) feet in width on the lot lines common to proposed Lots 5 and 6 and proposed Lots 1 and 2. In the alternative, if underground electrical transmission lines are to be utilized, approval must be granted by KEA for design and location prior to installation. 6. Obtain from the State Department of Transportation (ADOT &PF) the required access permit for a road connecting to a state-owned right-of- way, as referenced in the ADOT&PF letter dated February 3, 1999. FINDINGS OF FACT 1. This nlat meets the minimum standards of survev accuracv and nroner J. .I .I .1.1 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: February 17, 1999 Page 5 of8 The motion was SECONDED by COMMISSIONER STEWART. Regular session closed. Public hearing opened: KEVIN ARNDT, applicant presented himself to the commISSIOn for any questions. CHAIR TURNER asked if applicant had any comments. Mr. Arndt comment was that he was concerned with approval condition #5 but was agreeable to the condition after conversing with KEA. Hearing ami 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 A) Election of Officers · Darlene Turner was elected as Chair for 1999. · Clarence Selig was elected as Vice-Chair for 1999. VIII. COMMUNICATIONS LINDA FREED requested that Commissioners review Communication #B regarding the Planning Commissioner Training seminar in Anchorage. COMMISSIONER HIMES stated he would attend. If any other Commissioners were interested in attending they need to notify staff immediately so that registration can be completed prior to the seminar date. COMMISSIONER HIMES MOVED TO ACKNOWLEDGE THE RECEIPT of Communication items A through D. The motion was SECONED by COMMISSIONER STEWART and CARRIED by unanimous voice vote. A) Memorandum dated January 25, 1999 to the Kodiak Island Borough Mayor and Assembly from the Community Development Department regarding the SuperDARN Project-Informational Referral. B) Notification of AP A Land Use Law Seminar, and Planning Commissioner Training Seminar sponsored by AP A. Seminars scheduled for March 11, and 12- 13, 1999 at the Regal Alaskan Hotel in Anchorage. P & Z Minutes: February 17. 1999 Page 6 of8 C) Minutes of the Kodiak Island Borough Parks and Recreation Committee Regular Meeting from January 25, 1999. D) Letter dated February 9, 1999 to Dr. Jeanne Sauber, NASNGoddard Space Flight Center from Bob Scholze, Associate Planner/LRP regarding high-resolution topographic data on Kodiak Island for the PasagshaklNarrow Cape Area Plan. There were no further communications. X. REPORTS LINDA FREED noted for the Commission's information, that the Parks and Recreation Committee meeting minutes of January 25, 1999 include a recommendation to dispose of Lots 5 and 6, Block 5, Monashka Bay Subdivision (Otmeloi Park) with the proceeds generated from the disposal utilized for the prioritized park capital projects. The Planning & Zoning Commission may want to discuss this item at a worksession in the future. BOB SCHOLZE reported the February 24th PasagshaklNarrow Cape Area Plan worksession will be rescheduled to March 3rd at 7:30 p.m., and that no worksession will be held on February 24th. 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 There were no audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER SELIG thanked the commission for electing him as Vice-Chair for the 1999 session. CHAIR TURNER thanked all the commission for the great work done, and for being elected as Chair for the 1999 session. XIII. ADJOURNMENT CHAIR TURNER adjourned the meeting at 8:48 p.m. P & Z Minutes: February 17, 1999 Page 7 of8 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: ~~~~ Darlene Turner, C a ATTEST 1 IlY: P~~"~'~' ____ J~ifer SIJ#th, Secretary - - -----=----- / CommuU<<y Development Department ;- DATE APPROVED: March 17,1999. P & Z Minutes: February 17. 1999 Page 8 of8