Community Planning
Randy Pitney (chair) Margery Kniffen (co-chair) Troy Bouffard Andrew Bryan Robert Marcinkowski Kirk Maynard Bill Mendenhall Clint Meyer vacancy NOTE: If you are interested in becoming a member of the Platting Board, please speak with staff or a member of the Platting Board before or after the meeting.
If you received a Dear Property Owner letter (also known as a DPO) on a request scheduled to be heard this evening and would like to speak, please sign in on the sheets just outside the chamber doors. If you are interested in speaking on an application scheduled to be heard this evening and DID NOT receive a letter, please talk with staff or a Platting Board member prior to the start of the meeting to see if you qualify.
1. RP023-15 (Birchwood Butte Estates 2 nd Addition) 2. SD018-15 / RP021-15 Snowdrift 3. SD008-15 Seay Subdivision 4. AP003-15 (SD002-14 / RP047-14 / VA007-14) T40 Subdivision
March 18, 2015
Picture Title March 18, 2015 File #: RP023-15
Ridgemont Drive March 18, 2015 File #: RP023-15
Wetlands area Approximate location of proposed utility site March 18, 2015 File #: RP023-15
Section Line Easement & Trail Location Section Line Easement Skyline Ridge Trail Utility Site March 18, 2015 File #: RP023-15
Site Photos March 18, 2015 File #: RP023-15
Subdivision Recommendation: Staff recommends preliminary approval of the replat of Tract B, Birchwood Butte Estates 2 nd Addition, with the following conditions: 1. GVEA, ACS and ADOT shall review and comment on the final plat. 2. The location and size of the section line easement adjacent to the south boundary of Tract B shall be depicted on the final plat, or research shall be submitted showing no easement exists. 3. A copy of the driveway permit shall be submitted prior to final plat approval. 4. A note shall be placed on the final plat stating Tract B-2 is created as a utility lot, and shall be limited to public utility and service uses per Title 18.50.150. 5. Correct the legal description of the lease agreement to reflect the new Tract B-2. 6. The FNSB Parks and Rec Trails Coordinator shall review and comment on the final plat. March 18, 2015 File #: RP023-15
Findings of fact: Staff further recommends adoption of the following findings: a) The subject property is zoned GU-1. The minimum lot size in the GU-1 zone is 40,000 square feet. b) Title 18.50.150 allows a utility lot to be less than the minimum lot size. Public utility and service uses, including communication towers, as defined in a zoning district, may be located on lots of less than the minimum lot size specified for that zoning district. c) Title 17.10.020.B.2 defines a subdivision as not limited only to the conveyance of title, but also includes contracts to convey title and leases of land for five or more years. d) Title 17.60.070.E allows communications sites and utility sites with no road access. e) Tract B-2 is restricted to public utility and service uses per Title 18.50.150. f) No soils report is required for lots over 200,000 square feet per Title 17.60.100.B.1; Tract B-1 is 28.163 acres and thus does not required a soils report. g) A soils report is not required for Tract B-2 because of the restricted use. h) Title 17.60.050.D.5.e.iii requires that the widths of section line easements be shown on the final plat. i) With the five six conditions recommended by staff, this replat meets the applicable requirements of Title 17. March 18, 2015 File #: RP023-15
I move to approve the replat of Tract B, Birchwood Butte Estates 2 nd Addition with the five six conditions and the nine findings of fact, as recommended by staff. March 18, 2015 File #: RP023-15
March 18, 2015
March 18, 2015 File #: SD018-15 RP021-15
March 18, 2015 File #: SD018-15 RP021-15
FNSB Deed Restriction
Split Zones March 18, 2015 File #: SD018-15 RP021-15
Access Safety Concerns March 18, 2015 File #: SD018-15 RP021-15
Sight Distance View to the South View to the East
Existing Driveway
Flag stem is not a road Future Subdivision may require a dedication A variance will be required to dedicate Approval of a variance is not guaranteed
Variance to FNSBC 17.60.130.D: Roads that do not connect to adjacent roads shall end in a cul-de-sac or temporary turnaround. Required cul-de-sac Road not constructed
Variance VR001-15: FNSBC 17.60.130.D. requires that a permanent cul-de-sac be dedicated within Lot 3 at the end of Beacon Road. Staff believes this requirement is impractical and unnecessary in this case based on the following findings of fact and recommends approval of this variance: a. There is an existing cul-de-sac approximately 160 from the boundary of Lot 3. b. The existing cul-de-sac easement will be automatically vacated by plat note if a new cul-de-sac is dedicated. c. FNSBC 17.60.070.G. exempts the applicant from constructing the final 160 of Beacon Road. d. The applicant does not intend to construct the final 160 of Beacon Road. e. Dedication of a new cul-de-sac would leave an unconstructed 160 portion of Beacon Road between the end of the constructed portion of Beacon Road and the turn around. f. This subdivision does not increase the number of lots with the potential to access the existing cul-de-sac. March 18, 2015 File #: SD018-15 RP021-15
Recommended Motion for the Variance: I move to approve the variance from FNSNC 17.60.130.D. to not require dedication of a cul-de-sac at the end of Beacon Road and to adopt the six findings of fact. March 18, 2015 File #: SD018-15 RP021-15
Staff recommends preliminary approval of Snowdrift Subdivision with the following conditions: 1. ACS, GVEA and Birch Hill Service Area shall be given at least ten days to review and comment on the final plat. 2. A note shall be placed on the final plat stating, Further subdivision of Lots 1,2 and 4 may require variances from FNSBC Title 17. 3. A note shall be placed on the final plat stating, Lot 3 may not be further subdivided until such time as legal, constructed road access, as defined by FNSBC, is available to the boundary of Lot 3. 4. A note shall be placed on the final plat stating, Portions of Lot 1 may be within wetlands that are regulated under Section 404 of the Clean Water Act. In that case, a Department of the Army permit may be required to place fill in these areas. 5. A note shall be placed on the final plat stating, Prior to construction of any new driveway or modification of an existing driveway a driveway permit from the Fairbanks North Star Borough is required. 6. A private access easement for the benefit of Lots 1 and 4 shall be created within Lot 2 s flag staff. 7. A note shall be placed on the final plat stating, Direct access from Bias Drive East to Lots 1,2 and 4 is only permitted from the access easement in Lot 2 s flag stem. March 18, 2015 File #: SD018-15 RP021-15
Findings of fact: Staff further recommends adoption of the following findings: a) Land Management has agreed to release the deed restriction requiring a 60 dedication b) Allowing additional access points from the curve on Bias Drive East would create a public safety hazard. c) Further Subdivision of Lot 1 will not be possible without a variance to Title 17. d) Evidence has been submitted that a Borough standard road can be built in Lot 2 s flagstaff. e) FNSBC 17.60.070 prohibits further subdivision of Lot 3 until it has constructed legal access, as defined by FNSBC, available to its boundary. f) With the seven recommended conditions this subdivision meets all applicable requirement of FNSBC Title 17. g) With the conditions recommended by staff, this replat meets the applicable requirements of Title 17. March 18, 2015 File #: SD018-15 RP021-15
I move to approve Snowdrift Subdivision with the seven conditions and the six findings of fact as recommended by staff. March 18, 2015 File #: SD018-15 RP021-15
March 18, 2015 File #: SD008-15
March 18, 2015 File #: SD008-15
SD008-15 Seay Subdivision Before: 2 Lots After: 3 Lots March 18, 2015 File #: SD008-15
SD008-15 Seay Subdivision Variance: Horizontal Curve Requirement March 18, 2015 File #: SD008-15
SD008-15 Seay Subdivision 125 radius compound curve Local 1 standards March 18, 2015 File #: SD008-15
Variance Recommendation: Staff does not recommend approval of VR005-15, a variance from 17.60.150.A to configure the proposed Clint Street ROW extension without meeting the deflection angle--horizontal circular curve requirements. Findings for not Approving the Variance: Staff recommends adopting the following findings for not approving the variance from 17.60.150.A: a) The applicant has not satisfied 17.70.010.A because it is not a substantial hardship to meet the deflection angle--horizontal circular curve requirements. b) FNSB Public Works and the Transportation Planner do not support the variance. c) Current zoning allows for five lots beyond the Clint Street ROW dedication to be further subdivided, which would greatly increase the traffic density on Clint Street if it were to be constructed. Recommended Motion: I move to approve the variance from 17.60.150.A to configure the proposed Clint Street ROW extension without meeting the deflection angle--horizontal circular curve requirements. March 18, 2015 File #: SD008-15
Subdivision Recommendation: Staff recommends preliminary approval of Seay Subdivision with the following conditions: 1. The Clint Street right-of-way alignment shall meet FNSBC Title 17.60 Local 1 road geometrics requirements. 2. A note shall be placed on the final plat which states, No lot in this subdivision shall be further subdivided until such time as legal, constructed road access, as defined by FNSBC, is available to the boundary of the lot proposed to be subdivided. 3. A note shall be placed on the final plat which states, Roads in and to this subdivision were not required to and may not meet the borough s minimum standards for materials and construction. To the extent these road standards have not been met, fire protection, ambulance and other public services may not be available year-around or their availability may be severely limited. 4. A note shall be placed on the final plat which states, The Clint Street public access easement dedicated by this plat is for roadway construction, improvements and maintenance. Any development which would be incompatible with its use as a road easement is prohibited. 5. A note shall be placed on the final plat which states, Portions of Lot 1 and Lot 2 along Chena Slough may contain wetlands that are regulated under Section 404 of the Clean Water Act. In that case, a Department of the Army permit may be required to place fill in these areas. March 18. 2015 File #: SD008-15
6. The flood zone note shall be corrected to read, This property is within flood zone X and A per FIRM panel 02090C4430J, dated March 17, 2014. Portions of Lot 1 and Lot 2 have been determined, in whole or in part, to be located within Flood Zone A, a flood hazard area as identified by the Federal Emergency Management Agency. All development shall be required to comply with federal regulations and FNSBC Title 15. 7. The final plat shall fulfill the TBM and BFE requirements of FNSBC Title 17.60.050.D.18. 8. The plat annotation Road Easement Bk.1167 Pg. 114 shall be moved southerly into the Gov t Lot 5 area. 9. The annotation Keeling Road (private road) shall be placed on the final plat. 10.ADOT, ACS and IGU shall review and comment on the final plat. 11.GVEA, GCI and the North Star Fire Service Area shall be given a minimum of 10 days to review and comment on the final plat. 12.Primary monuments shall be set at the intersection of the northerly and southerly boundaries of this subdivision and the Chena Slough, or primary witness corner monuments may be used. 13.A note shall be placed on the final plat which states, All on-site wastewater disposal systems must meet the regulatory requirements of the Alaska Department of Environmental Conservation. 14.A note shall be placed on the final plat which states, A septic tank and its soil absorption system may not be placed within 100, measured horizontally, of any natural or man-made lake, river, stream, slough or coastal water of the state. March 18. 2015 File #: SD008-15
Findings of fact: findings: Staff further recommends adoption of the following a) Vacating the parent parcels common lot line remedies a residence s encroachment. b) This subdivision places the three existing residences on three separate lots. c) Legal access meeting the requirements of Title 17 for the three new lots will be created with the extension of the Clint Street ROW and completion of condition 1. d) 20ft of frontage and legal access is created for two southerly adjoining parcels with the extension of the Clint Street ROW. e) Dedication of the Clint Street ROW as a public access easement is allowable per the FNSBC Title 17.20 definition of dedication. f) The road construction exemption requirements of FNSBC 17.60.070.G and 17.60.110.A will be met with completion of conditions 1, 2 and 3. g) With the fourteen conditions recommended by staff this subdivision meets the applicable requirements of Title 17. March 18. 2015 File #: SD008-15
I move to approve Seay Subdivision with the fourteen conditions and the ten findings of fact as recommended by staff. March 18, 2015 File #: SD008-15
SD022-14 / RP047-14 / VA007-14 T40 Subdivision An appeal of the FNSB Platting Board s approval on October 15, 2014 of the T40 Subdivision
APPEAL 003-15: T40 Subdivision December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
APPEAL 003-15: T40 Subdivision Tract B (FNSB) Tract D Tract A (FNSB) Tract C December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
APPEAL 003-15: T40 Subdivision Vacation of Section Line Easements (83ft wide strip) December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
SD022-14 / RP047-14 / VA007-14 T40 Subdivision History: The history of the T40 Subdivision request is as follows: The Platting Board approved the subdivision and vacation request at its October 15, 2014 meeting. The Platting Board s approval of the T40 Subdivision was appealed by Andrew Elsberg, Shannon Brockman, Michael Emers and Joan Hornig (AP 003-15) on the grounds that the Platting Board should not have taken action per FNSBC 17.30.030 on the T40 Subdivision due to two Platting Board members having disclosed possible conflicts of interest with the T40 Subdivision. At its December 9, 2014 meeting the Fairbanks North Star Borough Planning Commission voted to support the appeal by remanding the conflict of interest decision back to the Platting Board for further discussion and a re-vote on the two Platting Board members possible conflicts of interest.
SD022-14 / RP047-14 / VA007-14 T40 Subdivision There are three possible outcomes of AP003-15 for the March 18, 2015 Platting Board meeting: 1. The necessary quorum is not met, so the file will be postponed. 2. The Platting Board votes that Ms. Patterson and/or Mr. Pitney have a conflict of interest; therefore, the October 15, 2014 Platting Board approval action is void. The T40 Subdivision would then be considered at a future Platting Board meeting, following the Title 17 time requirements for adjoining property owner notification, posting of the subdivision request in the newspaper, etc. 3. The Platting Board votes than Ms. Patterson and Mr. Pitney do not have a conflict of interest; therefore the October 15, 2014 Platting Board approval action is valid.
SD022-14 / RP047-14 / VA007-14 T40 Subdivision October 15, 2014 Platting Board meeting Applicable Minutes: Prior to discussion of the public hearing items, including the T40 Subdivision, the Platting Board chair, Randy Pitney, asked the Board if any member had a statement of conflict with any public hearing item. Micheline Patterson, a Board member, commented that she may have a conflict with the T40 Subdivision since the Binkleys are a client of her employer, Ken Murray Insurance. She stated that the Binkleys have commercial insurance with her office and that she sells personal lines of insurance. Bill Mendenhall, a Board member, asked if Patterson was excused would there then be a quorum to conduct business. Legal responded there would not be a quorum but that should not be the reason not to vote that Patterson has a conflict. Robert Marcinkowski, a Board member, asked if Ms. Patterson had had any dealings with this property and the Binkleys at all. Ms. Patterson replied No. A roll call was taken on the conflict of interest, and the vote was 3-1 in favor of no conflict of interest.
SD022-14 / RP047-14 / VA007-14 T40 Subdivision October 15, 2014 Platting Board meeting Applicable Minutes: Prior to discussion of the public hearing items, including the T40 Subdivision, the Platting Board chair, Randy Pitney, asked the Board if any member had a statement of conflict with any public hearing item. Mr. Pitney commented that he may have a conflict with the T40 Subdivision and his relationship with the Binkleys. He stated, It s not a financial one at this exact minute; there has been in the past. Pitney further explained that he, like many people, has been very good friends with the Binkleys for 50 years, but he also had an association with them for 23 years regarding Tract D. Pitney further stated, I think the perception could be that I have a conflict, although it s not monetary at this point in time. He commented, I feel that I m very objective in voting but I certainly see that there could be a very large perception of a conflict. Pitney clarified to the other Board members that the conflict may be with the Binkleys and Tract D of the T40 Subdivision, the one where the cabin sits. A roll call was taken on the conflict of interest, and the vote was 3-1 in favor of no conflict of interest.
APPEAL 003-15: T40 Subdivision December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
APPEAL 003-15: T40 Subdivision Tract B (FNSB) Tract D Tract A (FNSB) Tract C December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
APPEAL 003-15: T40 Subdivision Vacation of Section Line Easements (83ft wide strip) December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
Appellant s Statements of Appeal: 1) Section 17.30.030, Action of the Board must go by Title 2, Conflicts of Interest. 2) Two members disclosed possible conflicts of interest with Binkley family. 3) If excused from voting, the Platting Board did not have a quorum to vote. 4) Section 17.30.030 and Section 2.21.140 Conflicts of Interest. December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
Appellant s Statements of Appeal and Staff Analysis: 1) Section 17.30.030, Action of the Board must go by Title 2, Conflicts of Interest. Title 2.21.140 states that Every member shall vote on all questions unless he has a direct or substantial indirect financial interest in the matter being discussed. December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
Appellant s Statements of Appeal and Staff Analysis: 2) Two members disclosed possible conflicts of interest with the Binkley family. The Platting Board considered the disclosed conflict of interest by two of its members. A roll call was taken for each, and the outcome was there was no conflict of interest. December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
Appellant s Statements of Appeal and Staff Analysis: 3) If excused from voting, the Platting Board did not have a quorum to vote. Exactly five Board members (a quorum) were present for the October 15, 2014 Platting Board meeting. If the Board had voted that either of the two Board members had a conflict of interest, the Platting Board could not have acted on the T40 Subdivision due to the absence of a quorum. The Platting Board considered the disclosed conflict of interest by two of its members. A roll call was taken for each, and the outcome was there was no conflict of interest. The Platting Board had the necessary quorum to approve the T40 Subdivision. December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
Appellant s Statements of Appeal and Staff Analysis: 4) Section 17.30.030 and Section 2.21.140 Conflicts of Interest. Title 17.30.030 includes the guidelines the Platting Board must follow in regards to preliminary approval of a major subdivision, necessary conditions for approval and adoption of findings of fact. Title 2.21.140 states that Every member shall vote on all questions unless he has a direct or substantial indirect financial interest in the matter being discussed. December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
Appeal 003-15: T40 Subdivision Recommended Motion and Findings a) There may be a direct or substantial indirect financial interest by Platting Board member, Micheline Patterson, with the T40 Subdivision. b) There was an appearance of a conflict of interest by Platting Board member, Randy Pitney, in past business dealings with the Binkleys, and not enough information was presented as to the nature of the business dealings. December 09, 2014 Fairbanks North Star Borough Planning Commission APPEAL 003-
October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Tract B Tanana 440 (FNSB) Gov t Lot 3 Gov t Lot 1 October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Tract B (FNSB) Tract D Tract A (FNSB) Tract C October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
T40 Subdivision Tract B (FNSB) Tract D October 15, 2014 Tract A (FNSB) Tract C File #: SD022-14 / RP047-14 / VA007-14
T40 Subdivision Proposed Binkleys gain Proposed FNSB gain October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
T40 Subdivision Vacation of Section Line Easements (83ft wide strip) October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
T40 Subdivision Vacation of Section Line Easements (83ft wide strip) Existing Section Line Easements (to remain) October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Vacation of Section Line Easements at Tanana River Looking East October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Vacation of Section Line Easements at Tanana River Looking South October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Vacation of Section Line Easements within Tract D looking West October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Tract A and Section Line Easements to Remain at Tanana River looking North Tract B Tract D Tract A Tract C October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Tract A and Section Line Easements to Remain at Tanana River looking South October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Tract A and Section Line Easements to Remain at Tanana River looking East Tract A Lot 1 Rosie Creek Farm October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Tract A and Section Line Easements to Remain at Tanana River looking West October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Tract A and Section Line Easements to Remain looking South towards Tanana River October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Vacation Recommendation: Staff recommends approval of the vacation of a portion of the 83ft wide strip of section line easements along Sections 12 and 13, T2S, R3W, FM. Findings for Approving the Vacation: Staff recommends adopting the following findings for approving the section line easement vacation: 1) The applicant has satisfied 17.40.030.E.1 by creating other access provisions to the Tanana River which are more beneficial to the public via Tract A. 2) The width of Tract A allows for a trail(s) to be constructed down to the Tanana River. 3) FNSB Public Works and the Transportation support the vacation. Recommended Motion for the Vacation: I move to approve the vacation of a portion of the 83-foot wide strip of section line easements along Sections 12 and 13, Township 2 South, Range 3 West, Fairbanks Meridian. October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14
Subdivision Recommendation: Staff recommends preliminary approval of the subdivision with the following conditions: 1) GVEA, GCI and ACS review and comment on the final plat 2) The standard wetlands advisory note be stated on the final plat. 3) A consent to annexation form into Becker Ridge RSA be submitted for Tracts C and D. 4) The Flood Zone note be corrected to include Flood Zone A. 5) A soils classification note be included on the final plat. 6) A note be placed on the final plat stating, Any lot in this subdivision may not be further subdivided until such time as legal, constructed road access is available to the boundary of the lot proposed to be resubdivided. 7) The Base Flood Elevation (BFE) and Temporary Benchmark (TBM) requirements of 17.60.050.D.18 be shown on the final plat. Finding of fact: Staff further recommends adoption of the following findings: a) With the vacation and conditions recommended by staff this subdivision/vacation meets the applicable requirements of Title 17. Recommended Motion: I move to approve the subdivision with the seven conditions and the finding of fact as recommended by staff. October 15, 2014 File #: SD022-14 / RP047-14 / VA007-14