2000-05-17 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING-MAY 17,2000
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by CHAIR SELIG on May 17,2000 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Donna Bell
Bob Himes
Robert Lindsey
Reed Oswalt
Greg Razo
Walter Stewart
Clarence Selig, Chair
Others Present
Bob Scholze, Associate Planner
Community Development Dept.
Jennifer Smith, Secretary
Community Development Dept.
A quorum was established.
III. APPROV AL OF AGENDA
COMMISSONIER STEWART MOVED TO ACCEPT the agenda as presented. The
motion was SECONDED by COMMISSIONER RAZO, and CARRIED by unanimous
voice vote.
IV. MINUTES OF PREVIOUS MEETINGS
COMMISSIONER HIMES MOVED TO APPROVE the minutes of March 15,2000,
and April 19, 2000 Planning and Zoning Commission regular meetings, as submitted.
The motion was SECONDED by COMMISSIONER STEWART, and CARRIED by
unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments or appearance requests.
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Page I of 17
VI. PUBLIC HEARINGS
A) Case 00-006. Request for a conditional use permit, in accordance with KIB Code
Section 17.13.040.H, to permit satellite dishes and an equipment building on a
five (5) acre portion of U.S. Survey 2538-A. Pillar Mountain Road.
BOB SCHOLZE indicated forty-seven (47) public hearing notices were mailed
for this case with one returned expressing opposition to the request. Staff clarified
that site is not transmitting signals only receiving signals from satellites therefore
there were no harmful effects to humans or environment. Staff concluded that
request meets all the conditions necessary, as reflected in the findings of fact, for a
conditional use permit to be granted under Chapter 17.67 (Conditional Use
Permits) of the Borough Code. Staff recommended approval of request subject to
three (3) conditions of approval.
COMMISSIONER RAZO MOVED TO GRANT a request for a conditional use
permit in accordance with KIB Code Section 17. 13.040.H, to permit satellite
dishes and an equipment building as a communication facility on a five (5) acre
portion of U.S. Survey 2538-A subject to the conditions of approval contained in
the staff report dated May 1, 2000; and to adopt the findings contained in that
staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. The color of structures and equipment will be subdued to blend in with the
natural environment surrounding and natural vegetation immediately
surrounding the constructed facilities will be preserved to the maximum
extend possible to preserve visual aesthetics.
2. Should the site be abandoned due to future advance of communications
technology or development of alternative communications facilities, the
site will be cleared within one (1) year of abandonment and returned to a
natural state.
3. Should the exterior of the facility require modification to accommodate
new or different equipment, which would substantially alter the visual
impact of the facility, the modifications will be reviewed by the Planning
and Zoning Commission at a public hearing prior to the implementation of
such changes.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value. spirit. character and
integrity ofthe surrounding area.
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Page 2 of 17
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This communication facility will relocate to a more advantageous site an existing
cable satellite receiver down the road. This use as well as similar communication
and utility facilities have existed in this area for many years without conflicts.
Conditions of approval suggested to address aesthetic and visual concerns will
preserve the value, spirit, character and integrity of the surrounding area. Natural
vegetation will be maintained around the facility. Colors of structures and dishes
should be subdued to the extent possible and necessary. If the facility is
abandoned, the site will be cleared of equipment and structures and returned to a
natural state. Any change of technology that would require new or different
equipment that would change the essential visual character of the site or safety
characteristics of the operation of the facility must be reviewed and approved by
the Commission at public hearing prior to installation.
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 and supporting documentation, it appears that the
conditional use will fulfill all other requirements of code. The site is above
groundwater recharge areas and natural vegetation is required to be preserved to
the maximum extent possible.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health. safety. convenience and comfort.
The facility will be constructed and maintained in accordance with all applicable
federal, state and local requirements. All construction will meet standards of the
Uniform Building and Fire Codes, and communication equipment will be
installed and operated in conformance with applicable 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 through C of this
section.
The site is well separated by topography and vegetation from residential areas. A
minimum of five acres has been designated for this CUP by survey description.
Natural vegetation will be maintained as a condition of approval to preserve, to
the extent feasible, the visual continuity of the surrounding area.
The motion was SECONDED by COMMISSIONER HIMES.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
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Page 3 of 17
Public hearing closed.
Regular session opened:
The question was called and the motion CARRIED by unanimous roll call vote.
B) Case 00-007. Request for a conditional use permit, in accordance with KIB Code
Section 17.13.040.H, to permit facility improvements at an existing, non-
conforming United States Coast Guard (USCG) SAR communication facility,
located approximately two miles south of the north end of Marmot Island within
Section 25, Township 22 South, Range 16 West, Seward Meridian.
BOB SCHOLZE indicated five (5) public hearing notices were mailed for this
case, and none were returned. Staff believed that request meets all the conditions
necessary, as reflected in the fmdings of fact, for a conditional use permit to be
granted under Chapter 17.67 (Conditional Use Permits) of the Borough Code.
Staff recommended approval of the request.
COMMISSIONER STEWART MOVED TO GRANT a request for a conditional
use permit in accordance with KIB Code Section 17. 13.040.H, to permit
expansion of an existing United States Coast Guard (USCG) SAR communication
facility located on Marmot Island (within Section 25, Township 22 South, Range
16 West, Seward Meridian); and to adopt the findings contained in the staff report
dated May 1,2000 as "Findings of Fact" for this case.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value. spirit. character and
integrity of the surrounding area.
The extreme remoteness of the site will itself, in combination with the very low
impact development, guarantees that the value, spirit, character and integrity of
the surrounding area will be preserved. There are literally no other uses within
miles. There would be little ground disturbance, and no excavation or trenching
would be necessary.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
It appears that the conditional use will fulfill the requirements of Chapter 17.13
(C-Conservation) of the Borough Code. Communication facilities are specifically
permitted as a conditional use in the zoning district and will provide a public
benefit while having little or no impact on other uses. At the elevation proposed,
the site is above groundwater recharge areas and vegetation, and there will be
minimal disturbance of the ground. The area is not identified as a critical habitat
for birds or wildlife.
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Page 4 of I 7
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health. safety. convenience and comfort.
Due to its remoteness and the nature of its function, operation of the
communication site will have minimal or no impact and will not be harmful to
public health, safety, convenience or comport. Public safety will be enhanced by
the system's expanded communication capability. Use of solar and wind as
principal power sources reduces or eliminates potential for spillage of liquid
hydrocarbon fuels.
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.
Due to the remoteness of the site, there are no other uses or developments within
any reasonable distance that might require buffers, setbacks or other safeguards.
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.
Because the existing communication site enhances search and rescue capabilities,
it will continue to have a decided public safety benefit.
The motion was SECONDED by COMMISSIONER RAZO.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER RAZO indicated that both this case and the one following are
to update existing Coast Guard communication facilities, and feels that the
motions are appropriate.
The question was called and the motion CARRIED by unanimous roll call vote.
C) Case 00-008. Request for a conditional use permit, in accordance with KIBC
Section 17.13.040.H, to permit expansion of an existing, non-conforming United
States Coast Guard (USCG) SAR communication facility, located on Raspberry
Island north of Malina Point within Section 34, Township 24 South, Range 25
West, Seward Meridian.
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Page 5 of 17
BOB SCHOLZE indicated four (4) public hearing notices were mailed for this
case, and none were returned. Staff believed that request meets all the conditions
necessary, as reflected in the findings of fact, for a conditional use permit to be
granted under Chapter 17.67 (Conditional Use Permits) of the Borough Code.
Staff recommended approval of the request.
COMMISSIONER HIMES MOVED TO GRANT a request for a conditional use
permit in accordance with KIB Code 17. 13.040.H, to permit expansion of an
existing United States Coast Guard (USCG) SAR communication facility located
on Raspberry Island (within Section 34, Township 24 South, Range 25 West); and
to adopt the findings contained in the staff report dated May 1, 2000 as "Findings
of Fact" for this case.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value. spirit. character and
integrity ofthe surrounding area.
The extreme remoteness of the site will itself, in combination with the very low
impact development, guarantees that the value, spirit, character and integrity of
the surrounding area will be preserved. There are literally no other uses within
miles. There would be little ground disturbance, and no excavation or trenching
would be necessary.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
It appears that the conditional use will fulfill the requirements of Chapter 17.13
(C-Conservation) of the Borough Code. Communication facilities are specifically
permitted as a conditional use in the zoning district and will provide a public
benefit while having little or no impact on other uses. At the elevation proposed,
the site is above groundwater recharge areas and vegetation, and there will be
minimal disturbance of the ground. The area is not identified as a critical habitat
for birds or wildlife.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health. safety. convenience and comfort.
Due to its remoteness and the nature of its function, operation of the
communication site will have minimal or no impact and will not be harmful to
public health, safety, convenience or comport. Public safety will be enhanced by
the system's expanded communication capability. Use of solar and wind as
principal power sources reduces or eliminates potential for spillage of liquid
hydrocarbon fuels.
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Page 6 of 17
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.
Due to the remoteness of the site, there are no other uses or developments within
any reasonable distance that might require buffers, setbacks or other safeguards.
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.
Because the existing communication site enhances search and rescue capabilities,
it will continue to have a decided public safety benefit.
The motion was SECONDED by COMMISSIONER BELL.
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 00-009. Planning and Zoning Commission determination, in accordance
with KIB Code Section 17.03.090.B, that a community health clinic is similar in
character and impact to the conditionally permitted hospital use in the RI-Single
Family Residential zoning district; and a conditional use permit, according to KIB
Code Section 17.18.030.A. Hospitals, to permit a community health clinic to be
located on a portion of Lot 10, Tract A, U.S. Survey 4872. Generally north of the
Larsen Bay Airstrip to the east of the Airport access road.
BOB SCHOLZE indicated twenty-seven (27) public hearing notices were mailed
for this case, with one being returned from the City of Larsen Bay expressing
support for the request. Staff further reported that two actions were need as part
ofthe case, and recommended approval of both actions.
COMMISSIONER RAZO MOVED TO FIND that a medical clinic providing
health care in the village be found similar in character and impact to the
conditionally permitted hospital in the Rl Single-family Residential zoning
district, and to adopt the finding of fact contained in the staff report dated May 1,
2000 as "Finding of Fact" for this case.
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Page 7 of 17
FINDINGS OF FACT
The new clinic will serve the remote village of Larsen Bay similarly to the way
Providence Kodiak Island Medical Center serves Kodiak. The structure will
include exam rooms, dental operatories, laboratory, and an emergency room; and
will have wheelchair and stretcher accessibility and serve as well as quarters for
health care professionals. This clinic will serve the function of a hospital as a safe
and clean medical facility providing immediate-need medical attention, as well as
a place for ongoing health maintenance examinations and treatment.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER RAZO commented that KANA has the funds and ability to
upgrade the Larsen Bay health clinic and believes the health clinic is sorely
needed in the community, with this motion that need would be eliminated.
COMMISSONER STEWART agreed with COMMISSONER RAZO'S
comments.
The question was called and the motion CARRIED by unanimous roll call vote.
Staff believed that the request meets all the conditions necessary, as reflected in
the findings of fact, for a conditional use permit to be granted under Chapter 17.67
(Conditional Use Permits) of the Borough Code. Staff recommended approval of
the conditional use permit request.
COMMISSIONER RAZO MOVED TO GRANT a request for a conditional use
permit, according to KIB Code Section 17.18.030.A. Hospitals, to permit a
community health clinic, which has been determined to be similar in character and
impact to a hospital, to be located on a portion of Lot 10, Tract A, U.S. Survey
4872 in Larsen Bay; and to adopt the findings contained in the staff report dated
May 1,2000 as "Findings of Fact" for this case.
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value. spirit. character and
integrity ofthe surrounding area.
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Page 8 of 17
Granting this CUP will not alter the value, spirit, character and integrity of the
surrounding area. The proposed clinic site is located in the vicinity of most of
Larsen Bay's other public buildings, including the old clinic across the street
which is being abandoned, as documented, for deficiencies. The remoteness and
size of the village, and corresponding small scale of clinic operations, will ensure
minimal off site impacts. A new safe and clean medical clinic will enhance not
only the physical health, but also the cultural and emotional health of the village.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertaining to the conditional use in question.
This conditional use fulfills all requirements of this chapter, as indicated,
including the special district regulations ofKIBC 17.13.090.B minimizing impact
on the natural environment preserving natural features and vegetation coverage,
drainage patterns, and surface water quality and groundwater recharge areas.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health. safety. convenience and comfort.
A new clinic in Larsen Bay will provide upgraded public health benefits to village
residents. The proposed 2,400 square foot clinic will replace an existing
community clinic with documented deficiencies that has been determined to be
unsafe for patients. The proposed clinic, with new exam rooms, dental
operatories, a laboratory, and emergency room, as well as quarters for health care
professionals, will enhance available emergency medical and health maintenance
care, providing convenience and comfort as well as safety.
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.
Buffering is provided on two sides by the open airport tract. The clinic will be
located at the rear of the lot, well off of Third Street. The remaining portions of
adjacent Lot 10 are either other public uses or vacant. There are adequate
required setbacks, lot area, and existing buffers protect from impacts.
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.
There are clear public health and safety benefits provided to the residents of
Larsen Bay by a new safe and clean medical clinic. As stated in the letter from
KANA: "It is imperative that the community of Larsen Bay have a decent and
adequate hea1thcare facility." Village medical care has become an integral part of
remote native life and culture, helping it to prevail and thrive. Granting this CUP
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Page 9 of ] 7
will enhance not only the physical health, but also the cultural and emotional
health of the village.
The motion was SECONDED by COMMISSIONER HIMES.
The question was called and the motion CARRIED by unanimous roll call vote.
E) Case 00-010. Request for a conditional use permit, in accordance with KIBC
17.13.040.D, to permit a lodge that has provisions for more than six (6) clients.
Generally located within Section 36, Township 32 South, Rang 30 West, Seward
Meridian on Camp Island in Karluk Lake.
CHAIR SELIG declared a conflict of interest on his behalf, and requested that
staff and commission give determination. Staff determined with Commission's
consensus that there was no financial interest or conflict of interest with CHAIR
SELIG.
BOB SCHOLZE indicated seven (7) public hearing notices were mailed for this
case, and none were returned. Staff indicated that if there was any increase in
operations or of persons that applicant return to the Commission for public
hearing review and approval of an expanded conditional use permit. Staff
recommended approval ofthe request subject to two (2) conditions of approval.
COMMISSIONER BELL MOVED TO GRANT a request for a conditional use
permit in accordance with KIBC 17.13.040.D, to permit a lodge that has
provisions for more than six (6) clients in the C-Conservation zoning district on
Camp Island in Karluk Lake (Section 36, Township 32 South, Range 30 West),
subject to the conditions of approval contained in the staff report dated May 1,
2000; and to adopt the findings contained in that staff report as "Findings of Fact"
for this case.
CONDITION OF APPROVAL
1. This conditional use permit is issued for a maximum of twelve (12)
persons (clients plus staff). Any expansion of the lodge that would
increase scale of operations to exceed twelve (12) persons and/or to exceed
substantially structural development as outlined in the site plan must
return to the Commission for public hearing review and approval of an
expanded CUP.
2. Prior to issuance of the CUP, the applicant must obtain ADEC approval
for a potable water source and solid waste disposal system for the lodge.
FINDINGS OF FACT
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Page] 0 of ] 7
17.67.05 A. That the conditional use will preserve the value. spirit. character and
integrity of the surrounding area.
This is a preexisting use with only a minor increase in scale of operation
proposed. As has been ongoing with the existing camp operation, which has
operated for six (6) years with no documented problems, the value, spirit,
character and integrity of the surrounding area should be preserved. This is
further ensured by a condition of approval requiring that any expansion of the
lodge that would increase scale of operations to exceed twelve (12) persons and/or
to exceed substantially structural development as outlined in the site plan must
return to the Commission for public hearing review and approval of an expanded
CUP.
17.67.05 B. That the conditional use fulfills all other requirements of this chapter
pertainin~ to the conditional use in question.
This proposed conditional use permit is consistent with the intent of KIBC
17.67.010 requiring compatibility of the activity with the surrounding area and
KIBC 17.13.010 addressing the description and intent of the C-Conservation
zoning district which provides for limited commercial land uses. It is also
consistent with the special district regulations of the C-Conservation zoning
district in KlBC 17.13.090 since impact on the natural environment is minimal
and natural features will be preserved intact.
17.67.05 C. That granting the conditional use permit will not be harmful to the
public health. safety. convenience and comfort.
The granting of this conditional use permit will not be harmful to the public
health, safety, convenience and comfort since, due to the remoteness of the site,
and limited number of nearby uses which are also only seasonal in nature.
Measures have been taken to protect the health and safety of participants with the
requirement that a potable water source and solid waste disposal system be
approved by ADEC.
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.
Minimum lot area and setback requirements are satisfied. Natural buffering is
provided by vegetation and topography. This is essentially a season use as well as
extremely remote and potential conflicts with surrounding neighbors or adjacent
land uses is minimal. The fifty (50) foot setback from the lake shoreline required
by KIBC 17.13.080.B is exceeded, as confiIUled in a letter dated July 31, 1991
from Koniag, Inc.' s Lands and Resources Manager.
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Page 11 of 17
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Mary Whitmore. Koniag. Inc. Representative: Ms. Whitmore informed the
Commission that she already had obtained verbal approval from ADEC to satisfy
condition #2.
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called and the motion CARRIED by unanimous roll call vote.
F) Case 00-011. Request for a rezone, in accordance with KIBC Section
17.72.030.C Manner oflnitiation, of Lots lA - 12B, Block 1, and Lots 1 - 6, and
Lots 19 - 24, Block 2, and Lots 1 - 7, Block 3, Island Lake Subdivision; and Lots
7 A, 7B, 7C, and 8, Block 8, Miller Point Subdivision 1 st Addition from Rl-
Single Family Residential to R2- Two Family Residential. Generally located
along Island Lake Road, Arctic Tern Street, Kittiwake Street, and Ptarmigan Pass
Street.
BOB SCHOLZE indicated one hundred ten (110) public hearing notices were
mailed for this case with one (1) returned expressing opposition which indicated
request should have more of a proactive and not a reactive approach; and one (1)
returned supportive of the request, in addition applicant circulated a petition
which was submitted with ten (10) neighborhood signatures supporting the rezone
request. Staff recommended that request be postponed until the June 21, 2000
regular meeting, to allow for additional time for staff to compile background
information, and to make a more complete analysis of the positive and negative
implications of a rezone of the area from R1 to R2.
COMMISSIONER HIMES MOVED TO POSTPONE action on this request
(Case 00-011) for public hearing until the June 21, 2000 regular meeting.
The motion was SECONDED by COMMISSIONER LINDSEY.
Regular session closed.
Public hearing opened:
Craig Olsen. Property owner: Mr. Olsen expressed opposition to the request. Mr.
Olsen was concerned with population density and that current lot widths were
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Page 12 of 1 7
inadequate to accommodate additional structures.
Commission to reconsider the request.
Mr. Olsen urged the
Hearing and seeing none.
Public hearing closed.
Regular session opened:
COMMISSIONER RAZO, LINDSEY, and HIMES expressed that postponement
recommendation was a good idea and further expressed concerns regarding a
potential population density increase and increase in traffic around the
neighborhood.
The question was called and the motion CARRIED by unanimous roll call vote.
G) Case SOO-OO6. Request for preliminary approval of the vacation of a fifteen foot
wide utility easement crossing Lot 13A-l, Block 8, Leite Addition, and the
creation ofa ten (10) foot wide utility easement on the west lot line of Lot 13A-l,
Block 8, Leite Addition. 1519 Yanovsky Street.
BOB SCHOLZE indicated forty-one (41) public hearing notices were mailed for
this case and none were returned. Staff recommended approval subject to one (1)
condition of approval.
COMMISSIONER STEWART MOVED TO GRANT preliminary approval to
the vacation of a fifteen (15) foot wide utility easement on Lot 13A-l, Block 8,
Leite Addition, and the creation of a ten (10) foot wide utility easement along the
westerly property line of the same lot, subject to the condition of approval
contained in the staff report dated May 1, 2000; and to adopt the findings in that
staff report as "Findings of Fact" for this case.
CONDITION OF APPROV AL
1. Approval by the City Council must be granted according to KIBC
16.60.060 in order for the vacation to be effective.
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.
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The motion was SECONDED by COMMISSIONER LINDSEY.
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.
H) Case 97-020. Request for a conditional use permit, in accordance with Section
17.13.040.F (Conditional Uses) of the Borough Code, to permit non-recreational
mineral extraction activities, for removal of approximately 500 cubic yards of
gravel from the beach within Section 12, T30S, R20W. Location is along the
Chiniak Highway near Frank Creek approximately one mile past the Pasagshak
road intersection in Kalsin Bay. (Postponed from the October 15, 1997, the
April 15, 1998, September 16, 1998, and September 22, 1999 regular
meetings).
BOB SCHOLZE indicated that the applicant once again requested postponement
of his request pending a decision from the Administrative Law Judge regarding
land ownership dispute. Applicant requested postponement until the May 2000
regular meeting. Year to date, this is the fourth postponement request over a two-
year period. Ownership issues have not yet been resolved and applicable DNR
access and gravel extraction permits not issued. Staff recommend denial of
request by first making a motion in the affirmative, and then by vote in the
negative, then adopt the findings of fact for denial.
COMMISSIONER RAZO MOVED TO APPROVE a request for a conditional
use permit, in accordance with Section 17.13.040.F (Conditional Uses) of the
Borough Code, to permit non-recreational mineral extraction activities, for
removal of approximately 500 cubic yards of gravel from the beach within
Section 12, Township 30 South, Range 20 West, Seward Meridian.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
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Page 140f17
The question was called and the motion FAILED by unanimous roll call vote.
COMMISSIONER RAZO MOVED TO ADOPT the finding of fact contained in
the summary statement dated May 1, 2000 as "Finding of Fact" in support of
denial of this request.
The motion was SECONDED by COMMISSIONER HIMES.
The finding of fact for denial was read by COMMISSIONER BELL.
FINDING OF FACT (DENIAL)
There have been four (4) postponements of this request over a two and a half (2Y2)
year period because ownership is disputed and applicable State DNR access and
gravel extraction permits have not been issued. It appears that little or no progress
has been made resolving these issues. The most recent motion to postpone passed
at the September 1999 regular Commission meeting made clear that no further
postponement would be available.
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.
IX. COMMUNICATIONS
COMMISSIONER HIMES MOVED TO ACKNOWLEDGE receipt of items A
through D of communications. The motion was SECONDED by COMMISSIONER
STEWART and CARRIED by unanimous voice vote.
A) Letter dated April 13, 2000 1Q R.N. Sutliff, Lawyer from Bob Scholze, Associate
Planner, regarding Perez Estates Subdivision, Block 2 (Plat Note Restrictions).
B) Newspaper article dated April 18, 2000 by the Juneau Empire, Dumping junkers
hits owners' wallets hard.
C) Letter dated April 18, 2000 from R.N. Sutliff, Lawyer to Bob Scholze, Associate
Planner, regarding a further inquiry on Perez Estates Subdivision, Block 2.
D) Reply letter dated April 28, 2000 to R.N. Sutliff, Lawyer from Bob Scholze,
Associate Planner, regarding Perez Estates Subdivision, Block 2.
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Page 15 of 17
There were no further communications.
X. REPORTS
BOB SCHOLZE reported the following meeting schedule:
May 24tJ~Worksession regarding proposed revisions to the C-Conservation ZOnIng
district at 7:30 p.m. in the KIB conference room.
May 25~Audio training conference at 12:00 p.m. in the KIB conference room.
May 30th=Womens Bay Comprehensive Area Plan worksession at 7:00 p.m. at the
Womens Bay Fire Hall (538 Sargent Creek Road).
BOB SCHOLZE further reported the he received a call from a representative from Global
Seafoods, Inc. (Case 00-003) with an project update stating that the 50 feet building area
of demolition began on May 16, 2000 with an estimated time for parking area
requirements in place at the end of next week.
COMMISSIONER HIMES MOVED TO ACKNOWLEDGE receipt of reports. The
motion was SECONDED by COMMISSIONER STEWART, and CARRIED by
unanimous voice vote.
'I"
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER RAZO encouraged public participation for the May 30th worksession
to discuss the Womens Bay Area Plan.
COMMISSIONER LINDSEY appreciates the concerns raised regarding the rezone
request, and thought the motion to postpone was a good decision.
COMMISSIONER HIMES would not be able to attend the June 21 st regular meeting due
to conflicting meeting schedule, but if establishment for a quorum is needed then he
would be able to attend by teleconference. COMMISSIONER LINDSEY and
COMMISSIONER BELL also stated they would not be able to attend the June 21 st
meeting due to being out of town.
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XIII. ADJOURNMENT
....
CHAIR SELIG requested motion to adjourn.
P & Z Minutes: May 17.2000
Page 16 of 17
COMMISSIONER STEWART MOVED TO ADJOURN the meeting. The
motion was SECONDED by COMMISSIONER HIMES, and CARRIED by
unanimous voice vote.
The meeting adjourned at 8:12 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING CO MISSION
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By:
j -=::>
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ATTEST
./~~
DATE APPROVED: July 19,2000.
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P & Z Minutes: May 17,2000
Page 17 of17