2007-10-17 Regular MeetingKODIAK ISLAND BOROUGH ~ ~ E
PLANNING AND ZONING COMMI ~N o ~n ~' ` ,~
N0~1 2 ~ 2.~ 7
REGULAR MEETING OCTOBER 17, 007
MINUTES G~ ~, ; ~ ~ ~n ; ~^~
CALL TO ORDER
'The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by
ACTING CHAIR CARVER on October 17, 2007 in the Borough Assembly Chambers.
ROLL CALL
Commissioners Present
David King
Gary Carver X
Brent Watkins
Bill Kersch X
Casey Janz X
Gary Juenger X
Vacant
A quorum was established.
Excused Absent Others Present
X Bud Cassidy, Director
Community Development Dept.
X Sheila Smith, Secretary
Community Development Dept.
COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER WATKINS and CHAIR
KING. The motion was SECONDED by COMMISSIONER KERSCH, and CARRIED by
unanimous voice vote.
APPROVAL OF AGENDA
COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was
SECONDED by COMMISSIONER KERSCH, and CARRIED by unanimous voice vote.
APPROVAL OF MINUTES
COMMISSIONER JANZ MOVED TO APPROVE the minutes as submitted.
COMMISSIONER JUENGER SECONDED the motion, and it CARRIED unanimous voice
vote.
PUBLIC HEARINGS
A. Case 08-008. Request a Variance, according to KIBC 17.66.020, to allow construction of a
main residence .73 feet into the required 25 foot front yard setback according to KIBC
17.19.040(A), a variance from KIBC 17.40.020(A)(2) allowing the projection of a roof eave 1.5
feet beyond the allowable 3 foot projection into front yard setback requirements and a variance
from KIBC 17.40.020(A)(2) allowing the projection of a roof eave .08 feet beyond the allowable
2 foot projection into side yard setbacks.
Cassidy stated this request involves a rebuild of a HUD foreclosed property. The information
used from the survey was erroneous, and the applicant is requesting a Variance. The survey
information was not done by the applicant, but it was a survey done for an adjacent lot. We are
talking inches of encroachment into the side yard setback. We are also talking about the need for
October 17, 2007 P & Z Commission Meeting Minutes Page 1 of 7
the applicant to properly locate himself on the property before doing development. Staff believes
this request does not meet all six criteria to grant a Variance, especially criteria # 1 and #5.
COMMISSIONER JANZ MOVED TO GRANT a Variance, according to KIBC 17.66.020, to
allow construction of a main residence .73 feet into the required 25 foot front yard setback
according to KIBC 17.19.040(A), a variance from KIBC 17.40.020(A)(2) allowing the projection
into front yard setback requirements and a variance from KIBC 17.40.020(A)(2) allowing the
projection of a roof eave .08 feet beyond the allowable 2 foot projection into side yard setbacks;
and to adopt the findings in the staff report dated September 21, 2007, as "Findings of Fact" for
case 08-008. COMMISSIONER JUENGER SECONDED the motion.
Regular session closed:
Public hearing open:
Jerrol Friend, agent, spoke in support of this request, and stated there are four properties that
have the same slope in that area. Two of the houses are in HUD foreclosure due to the way the
houses were built. He also said he is at fault for assuming the information he was given was
correct, and they have spent a lot of money on engineering trying to design it to make it feasible
and correct any problems. Friend was under the impression the property line was in the right
place and thought they had at least 1 foot of clearance when he submitted his plans last year.
Robert Tucker, Salo's representative while Salo is out of town, stated if you look at the facts and
the information from when the project was started and that they stopped to try to get it right, you
will see the Variance is needed to continue.
Public hearing closed:
Regular session open:
A discussion of the work already done, survey work, if other homes are having the same
problems, and the six criteria.
The question was called, and it CARRIED 4-0.
Finding of Facts will be adopted at the next meeting.
B) Case 08-009. Request a conditional use permit, according to KIBC 17.67, in order to allow
the multi-phase installation of up to six (6) wind turbines to increase the electrical generating
capacity of the Kodiak Electric Association by three to nine megawatts, including related site,
electrical distribution and access improvements, pursuant to KIBC 17.13.040.H which allows
utility facilities as a conditional use in the C-Conservation zoning district.
Cassidy reported the first phase is to construct two 1.5 megawatt turbines that stand 262 feet at
the hub, and attached to the hub is a rotor with a diameter of 126 feet. Anticipated construction
for the first phase is the summer of 08. Staff recommends approval of this request.
COMMISSIONER JANZ MOVED TO GRANT a conditional use permit, according to KIBC
1 7 h7 in nrrlPr to allnw the mnlti_nhaeP installatinn of nn to cix (~l wind ti~rhinPC to increase the
electrical generating capacity of the Kodiak Electric Association by three to nine megawatts,
including related site, electrical distribution and access improvements, pursuant to KIBC
17.13.040.H which allows utility facilities as a conditional use in the C-Conservation zoning
district, subject to four (4) conditions of approval contained in the staff report dated October 5,
2007; and to adopt the findings contained in that staff report as "Findings of Fact" for this case..
COMMISSIONER KERSCH SECONDED the motion.
October 17, 2007 P & Z Commission Meeting Minutes Page 2 of 7
Regular session closed:
Public hearing opened:
Darren Scott from KEA stated they set a vision statement saying by the year 2020 they would
like to have 95% of their power come from cost effective, renewable resources. They're at 80%
now with Terror Lake. The Pillar Mountain Wind Project is the 2nd step in that. Construction will
begin in the summer 08 and installation of the turbines in the summer 09. This will save over
600,000 gallons of fuel a year, which will help in a cost and an environmental standpoint. The
overall project cost is about $14.5 million. We have $1 million in grants from the State last year,
we have applied for and accepted $7 million in CREB financing through the Federal
Government, and we are applying for another $5 million of CREB financing. If that comes
through they will have $12 million in almost 0% financing and a $1 million grant for the project.
Public hearing closed:
Regular session opened:
It was brought to their attention that there are 6 conditions of approval instead of 4, and the date
of the staff report should be changed to October 17tH
COMMISSIONER JANZ MOVED TO AMEND the motion to read "subject to six (6)
conditions of approval contained in the staff report dated October 17, 2007". COMMISSIONER
JUENGER SECONDED the motion.
CONDITIONS OF APPROVAL
1. At such time as the wind turbine, tower structure and blades require repainting of factory
applied coatings, the color of the wind turbine, tower structure and blades will be subdued to
blend in with the natural environment surrounding the facilities.
2. Natural vegetation immediately surrounding the facilities will be preserved to the maximum
extent possible in order to preserve the visual aesthetics of the area and to minimize soil
erosion during and after construction.
3. Should the site be abandoned for any reason including the future advance of energy
production technology or development of alternative energy facilities, the site will be cleared
of all improvements within two (2) years of abandonment and returned to a natural state.
4. The CUP is approved on the basis of all informational materials submitted by the applicant
on September 4, 2007. Should the exterior of the wind turbine facility require modification
to accommodate new or different equipment, or the site redeveloped in any way which would
substantially alter the visual impact of the facility, the modifications must be reviewed and
approved by the Commission, at a public hearing, prior to implementation of the changes.
5. Confirmation must be provided from the Alaska Department of Natural Resources (ADNR)
that the development of this site is approved for wind turbine tower placements as proposed
in the applicant submittal or, in the alternative, ADNR shall sign the zoning compliance
permit for construction to begin in the event that a land use permit to KEA is unreasonably
delayed.
6. KEA shall obtain coastal consistency approval through the Alaska Coastal Management
Program to address environmental issues that are not within the purview of the KIB to
address and to otherwise ensure that inter-agency coordination occurs for all other state and
federal regulations.
October 17, 2007 P & Z Commission Meeting Minutes Page 3 of 7
FINDINGS OF FACT
17.67.05 A. That the conditional use will preserve the value, spirit, character and inte~rit o
surrounding area.
Similar communication and utility facilities on Pillar Mountain, have existed for many years, in
the area, with minimal conflicts. Conditions of approval to address aesthetic and visual concerns
will preserve the value, spirit, character and integrity of the surrounding area. Natural vegetation
is required to be maintained around the facility. Colors of structures and equipment may be
subdued to blend in with the surrounding natural environment, so long as the Commission
determines that this will not be a detriment to public and environmental safety. If the facility is
abandoned, the site will be cleared of equipment and structures and returned to a natural state
within a reasonable time frame. Any change of technology that would require new or different
equipment that would substantially change the 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.
The conditional use will fulfill all the requirements of the C-Conservation zoning district. The
site is above groundwater recharge areas and natural vegetation is required to be preserved to the
maximum extent possible. In addition, all required setbacks will be maintained.
17.67.05 C. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort.
Based on the inter-agency coordination provided by the Alaska Coastal Management Program,
this facility will be constructed and maintained in accordance with all applicable federal and state
environmental requirements. All construction will meet local zoning and the standards of the
Uniform Building and Fire Codes. In addition, the wind turbines will be installed and operated
by KEA which will operate these facilities in the public interest with oversight from the local
members of the cooperative.
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. Approximately
80 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 question was called on the amended motion, and it CARRIED 4-0.
The question was called on the main motion, and it CARRIED 4-0.
C) Case 07-026. Request a review of the Draft Kodiak Island Borough Wide comprehensive
Plan.
Cassidy reported the Comprehensive Plan is a statement of local policies, goals and objectives, a
blueprint for orderly land development, it outlines the planning functions authorities and
responsibilities of the Borough, it identifies important issues to the community that should be
addressed by the Borough decision makers, it describes the existing and expected future
conditions in the Borough, provides a basis for decisions by the Planning and Zoning
Commission as well as the Assembly and staff, once approved it will be utilized by staff on a day
to day basis to make day to day decisions, by the commission for zoning and subdivision
October 17, 2007 P & Z Commission Meeting Minutes Page 4 of 7
decisions, by the Assembly when formulating land policy, by private citizens, business and
industry when making decisions of where to invest, and the Federal and State Governments in
considering grants. It was well worth the long struggle and we are almost there.
Regular session closed:
Public hearing opened:
John Miller, a Chiniak resident, recommends taking off the one acre Rural Residential as a
designation of land use on map 4.4 because it's a zoning designation, and leads towards zoning
terminology not land use terminology. He also said the map is duplicated in other chapters.
Chiniak has been saying to get the map right, they want 2 acre minimum along the road, which
was in their last plan, and 5 acre minimum off the road. To make this clear text should be
inserted into the document rather than just putting it on the map. The Chiniak community wants
it to stay as it is; rural, residential, low density, large lots, allow business to support the residents
(like B&B's and lodges but not a Holiday Inn). Some of our community has taken issue with the
word Commercial which is on the map. The road to Chiniak won't support much more of what
they have. It's like a recreation site but who's planning for the beer bottles. We have to be careful
about what we say we are going to be because the State highway won't support it. Do we send it
forward tonight or do we clean it up some before we send it to the Assembly?
CARVER asked staff if the one, two, and five acre delineations are technically correct as the map
is presented.
Cassidy stated they are not zoning categories; they are desired levels of development.
CARVER stated so they are not in definitions of Rural Residential.
Cassidy said no, they are what they would like to have on the road and off the road. He also said
Mr. Miller is right about the map needing some things amended, but should you want to approve
it tonight, it can be approved subject to those changes. Mr. Miller's changes will be incorporated
into the plan.
Miller stated he is submitting a letter from his neighbor saying to get rid of the word
Commercial. They don't want the word Commercial over the winery because the winery could
get rezoned from Conservation to Commercial and then we will have a Holiday Inn at the winery.
Since it is land use Residential would be more appropriate than Rural Residential because that
makes you think zoning. We just want to keep it residential.
Woody Koning, Chiniak resident, stated the further out you get from town the more important
these plans are in terms of being the voice and wishes of those who participated from those
communities. The further out you get the more important this planning document is in terms of
public input for the decisions that Planning and Zoning make, as well as the Assembly. Koning
said he participated in the 1987 plan which they didn't have any Borough staff support at that
time, and we worked on it for years. We were told we should revisit our plan and refresh it, so we
had public meetings where staff explained the process, what the plan was about, and why we
should revisit it. Most people stated, "why do we need to change the plan, we like it the way it
is." That speaks to the validity of the old plan, and he hopes that could be an added reference
since the new plan isn't as deep as the old one. Koning stated the vast majority of Chiniak asked
that the plan be kept pretty much the way it is. There is Business at both ends with Residential in
between. There are comments and concern about the winery property where it's designated
Commercial Rural Residential. It's the Commercial that residents have taken concern with. It is
Conservation now and the business there now is a permitted use. We just don't want it to change
October 17, 2007 P & Z Commission Meeting Minutes Page 5 of 7
into something that the community doesn't want. We don't have a problem with the winery
business as it is, we just don't want it to change to something with a larger impact because we
wish the residential character remain.
Bob Happ, Chiniak resident, stated he also worked on the Chiniak Plan, and that 1 acre minimum
lot size does need to be corrected. He said he lives on one of the lots and it is 3 acres. He couldn't
determine whether his lot is Commercial now or not. We should get the map right before sending
it to the Assembly. With the paved road we are getting a lot more people out there and we have
concerns about the amount of people once the road is paved all the way to Chiniak
Public hearing closed:
Regular session opened:
During discussion, it was determined that there won't be a finished plan until it goes through the
Assembly, and the changes already sent to the consultant have probably been made on the
website.
Cassidy stated he teleconferences with the consultants every Tuesday to go through edits and
changes. Changes can be made until the Assembly adopts it, and they will have at least two
readings of the plan.
COMMISSIONER JANZ MOVED TO APPROVE the Kodiak Island Comprehensive Plan
with pending proposed changes to that plan in order to move it on to the Kodiak Island Borough
Assembly where it will be subject to public hearing and approval by that body.
COMMISSIONER JUENGER SECONDED the motion.
The question was called and it CARRIED 4-0.
OLD BUSINESS
There is no old business
NEW BUSINESS
There is no new business
COMMUNICATIONS
COMMISSIONER JUENGER MOVED TO ACCEPT communications as submitted.
COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote.
REPORTS
Meeting schedule:
• November 14, 2007 work session at 7:30 p.m. in the KIB Conference Room
• November 21, 2007 regular meeting at 7:30 p.m. in the Assembly Chambers
Minutes of Other Meetings:
• July 24, 2007 Parks & Recreation Committee Meeting Minutes
• September 25, 2007 Parks & Recreation Committee Meeting Minutes
• August 6, 2007 Gravel Task Force
• September 10, 2007 Gravel Task Force Meeting Minutes
October 17, 2007 P & Z Commission Meeting Minutes Page 6 of 7
COMMISSIONER KERSCH MOVED TO ACCEPT reports as submitted. COMMISSIONER
JANZ SECONDED the motion, and it CARRIED by unanimous voice vote.
AUDIENCE COMMENTS
John Miller, Chiniak resident, thanked the commission for seeing this through and he thanked the
Borough for funding the plan. He advised caution because this plan trumps the Chiniak plan and
the village's plans, and the residents of these villages may think the plan they wrote is still their
plan, and they may not accept this very easily.
COMMISSIONER COMMENTS
JANZ thanked our public for coming out and she got an education on the Chiniak property. She
feels good about sending the plan on.
KERSCH thanked the Miller, Koning, and Happ for their comments because he missed that map.
JUENGER thanked staff for their thoughtful development of material for us to consider.
CARVER thanked staff, the commission ,and the consultants. He feels it is a very good result
from a well conducted effort.
ADJOURNMENT
COMMISSIONER JANZ MOVED TO ADJOURN. COMMISSIONER KERSCH
SECONDED the motion, and it CARRIED by unanimous voice vote.
ACTING CHAIR CARVER ADJOURNED the regular meeting at 8:50 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
__~
Dave King, Chair
ATTEST
BY~ ~~Qb4~~~
Sheila Smith, Secretary
Community Development Department
DATE APPROVED: November 21, 2007
October 17, 2007 P & Z Commission Meeting Minutes Page 7 of 7