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BELLS FLATS TR A BK 3 ALL - ExceptionJ KODIAK ISLAND.BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT CASE FILE CHECK "LIST Case File No. Assigned 27- Date Application Received / / /e /eA Type of "Application _ _ . )/, Date Site Plan Received Date Fee Paid z, itAmount Receipt Number Person Acc Use Z for Zoning, Variances and Exceptions CUP for Conditional Use Permit LL for Land Leases V for Violations 0 for all Other cases epting Appl. Name of Applicant Mailing Address /i6 / 2-7x iit' /2 Name of Legal Owner Mailing Address Legal description of Property: Lot{s} B1 ock,74GT5 ,4—/) g -73 1g-9 Subdivision -kz; Square Footage or Acreage of Property is Phon «3a -523 Phone P & Z Public Hearing Date Public Notices Mailed on /8 87 Applicant Notified of P & Z Action on How Many? •'11 Date Date Date Action Summary Approved- Denied Tabled P &Z Assembly Ordinance No. Date Date 1st Reading, 2nd Reading g el &id 7�i3/1/ Ordinance Effective Date 6.81 KODIAK ISLAND-BOROUGH ,te MEMORANDUM DATE: August 3, 1981 TO: Planning and Zoning Commission FROM: Community Development Department ,,,(zaezeirti SUBJ: Staff Report RE: Case Z-81-021. Request for an exception from Section 17,12,010 (G) - Uses permitted - for Tracts B-1, B-2, B-3 and B4-A, Bells Flats Alaska Subdivision. (KIB Planning and Zoning Commission) This item was tabled at last month's Commission meeting. The exception requested would permit gravel extraction in a residential district and allow the Commission to attach ap- propriate conditions as performance standards. Five (5) con- ditions were suggested in last months staff report. If the Commission chooses Conservation zoning for the "B Tracts" the exception is not needed and staff recommends that this case be left on the table to die or be formally disposed of by a motion. If the Commission chooses RR-rural residential zoning for the "B Tracts" the exception is needed and the following conditions are suggested: 1. Gravel extraction means the removal, crushing, stock- piling and hauling of rock materials and the equipment necessary to accomplish same; 2. An operation and management plan be reviewed by the Planning and Zoning Commission which addresses dust control, hours of operation, site security, top soil stockpiling, and blasting notice procedures; 3. Trees in the future residential lot area be preserved. Any tree removal deemed necessary for site access shall be approved, prior to removal, by the Borough. Engineer. 4. Side slope grading of the lake shoreline be approved by the Borough Engineer; and 5. Conditions 1-4 be incorporated into any deeds of sale for Tracts B-1, B-2, B-3 and B4-A, as deed restrictions. KODIAK ISLAND BOROUGH PLANNING XW'-'qNIRG COMMISSION MINUTES July 15 1981 regular meeting Page 2 Discussion onthe rezoning of this case. The Commission came to the conclusion to exclude lots 21 and 22 being owned by Mr. James Garoutte. Mr. Romoglia moved to rezone lots 19, 20. 23, 24 and 25. block 2, Allman Addition from R-1 single family residential to business. Seconded by Mr. Gudenau. Motion PASSED by unanimous roll call vote. O. PUBLIC HEARING ON [A3[ Z'81-020. A request to amend the Comprehensive Plan and rezone Tracts B-1, 8-2, 8-3 and B4-A, Bells Flats Alaska Subdivision, from in- dustrial to rural residential. (KIB Planning and Zoning Commission) . -. _'_-_--- '- --- '-' / • STAFF REPORT: Mr. Walton presented the staff report and addendum and recommended tabling this item. 29 notices were mailed, none returned. Discussion on tabling this item until after the meeting with the Borough Assembly. _ Mrs. Crowe can we m-iniate the negotiated lease Ordinance? Mr. Shealy [ believe m. - . Discussion on the length of time for leases. Mrs. Crowe closed the regular meeting and opened the public hearing. .. _-_`/�c� John Tyhuis would like to see the gravel leases for a period of at least 10 years. --- Discussion uetween�r. Ramaglia and Mr. Tyhuis on the rezoning issue. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball moved to table items 6, 7, and 8, until the August 19, 198I, PlanninK Commission meeting. Seconded by Mr. Briggs. Motion PASSED by unanimous roll call vote. . PUBLIC HEARING ON CASE Z-81-021. A request for an exception from Section 17.12.010 (G)--Uses Permitted in RR-rural residential districts--for long term gravel extrac-- tion on Tracts B-1, B-2, B-3 and B4-A, Dells Flats Alaska Subdivision. (KIB Planning and Zoning Commission) Mr. Ball moved to table this item until the August 19. 1981 meeting. Seconded by Mr. Briggs. Motion PASSED by unanimous roll call vote. 8. PUBLIC HEARING ON CASE LL-81-001. Lease or sale of Tracts B-1, B-2, B-3 and B4-A, Bells Flats Alaska Subdivision. (KIB Assembly) Mr. Ball moved to table this item until the August 19. 190 meeting. Seconded by '� Mr. Briggs. Motion PASSED by unanimous roll call vote. 9. PUBLIC HEARING ON CASE 5-81-012. Vacation nd replat of lots 1-55, block 3, Alderwood Subdivision, USS 1396. (Craig and Bette Bishop) STAFF REPORT: Mr. Crowe presented the staff report and addendum and recommended final plat be prepared and submitted for approval. Mr. Walton presented additional information on the playground area. Mrs. Crowe #1,3ofthe original agreenlent states that there shali not be more than 132 units, are we bound by that? How many acres? Mrs. Crowe closed the regular meeting and opened the public hearing. Mrs. Bishop there are 4.83 acres in this area. He do not have a development plan for this area at this point. Will not put in 63 units at once. Mrs. Crowe what about play areas? Bette Bishop letter of June 8, 1979, from NBA stated that NBA was going to put in a play area in block 2. Lenghtly discussion between the Commission members and Mrs. Bishop on who is to put in the play area and where it is to be located. Mr. Bishop pointed out other locations for a play area. Mrs. Crowe stated that Kodiak Island Housing Authority and Fir Terrace had to put in parks or play areas. = = ' • .� ` KODIAK ISLAND BOROL' Box 1246 Kodiak, Alaska 99615 CIO FIRST • CLASS(9 1,1," JUL na RECEIVED eososlicv NOTICE OF PUBLIC HEARING _ The Kodiak Island Borough Planning and Zoning Commission has received a petition from KIB PLANNING AND ZONING COMMISSION requesting an exception from Section 17.12.010(G) -- Uses Permitted in RR-Rural Residential Districts -- for long term gravel extraction'on Tracts B-1, B-2, B-3 and B-4A, Bells Flats Alaska Subdivision. (Case Z-81-021) The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 PM, Wednesday, duly 15, 1981, in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above-referenced lots; or an owner of property within 300 feet of the above-referenced property. This will be the- only Public Hearing _before the_Planning and Zoning Commission-on-this-petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the-minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development ‘cqc (1)% • Name \)0,.(■(\e Legal Description Comments NiNQN) CACe c& Cle(\ Address %OK e0c3 1 4145 7c4 c_3\111\. rer, wilt .-411 \ door\ crontel r0 )veol I • 1fEM 6, 7, and 8' KODIAK ISLAND BOROu�H M E M O R A N D U M DATE: July 15, 1981 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Staff report addendum RE: Case Z -88 -020, Z -81 -021, and LL -81 -001. B Tracts Plan, Bells Flats Alaska Subdivision. At its July 8, 1981, meeting, the Commission asked for additional information_on the "B Tracts Plan" and.its parts. The status of the various parts of the plan are discussed in this evenings staff report which was distributed last week. Basically, the land involved has been subdivided into five (5) parcels, one parcel has been proposed for a park or preserve, the remaining four (4) parcels have been used for gravel mining in the past and that land use is proposed for continuance. Before you this evening are 3 cases. One to amend the Plan and to rezone the 4 parcels from Industrial to residential, one to consider an exception, and one to recommend leasing or sale of the 4 parcels. The Comprehensive Plan amendment, zoning change and exception are proposed to alleviate expressed concerns about using the land for gravel extraction for a lengthy period of time and then attempting to enforce a residential proposal. The 3 pieces fit together but will not function if any one of them is, for whatever reason, not realized. Other avenues available to you are conservation zoning without an exception, deed restrictions, and continued leasing of the existing Industrial land. Conservation zoning permits mining activities under the broad definition of agriculture. The residential proposal could still work but only on 5 acre lots. Deed restrictions or covenants are another possiblity. Serveral are suggested in the staff report previously submitted. ritmurahuum, pay c Z-81-020, Z-81-021, LL-81-001 July 15, 1981 - • . Leasing the land depends on realistic lease conditions and adequate administration of same by the Borough. Under the present Borough Code material leases can only be executed for a one year period of time. The Ordinance proposed by the Commission for negotiated leases on materials was deleted by the Assembly from its July 2, 1981, agenda. This action in effect killed the Ordinance. An additional alternative is to table items 6, 7, and 8 this even- ing for.the purpose of first completing the Women's Bay Area Plan. Portions of the B Tract are still being leased on an annual basis and gravel is being removed. The urgency in completing a "B Tract Plan" still remains a mystery to some people. Staff supports the multiple use of the property, the creation of the proposed lake, and the sale of the property. The acc- omplishment of the area plan for the Women's Bay Community could accomplish these goals. KODIAK ISLAND BOROUGH MEMORANDUM DATE: July 8, 1981 TO: Planning -and Zoning Commission FROM: Community Development Department alLeiwg-14-- SUBJ: Staff Report RE: Z-81-02I. Request for an exception from Section 17.12.010(G)--Uses Permitted--for Tracts B-1, B-2, B-3 and B-4A, Bells Flats Alaska Subdivision. (KIB Planning and Zoning Commission) This case is directly related to the rezoning previously con- sidered and is a part of the "B Tract Plan". NEED If the property involved is rezoned from Industrial to Rural Residential and gravel extraction is the preferred use an 'avenue is needed to allow the mining activity as it is not permitted in residential districts. CONSIDERATIONS The Commission is charged with determining that gravel extraction will not be injurious to public health, safety or welfare or detrimental to other properties or uses in the vicinity. If the exception is approved with appropriate and reasonable conditions the public's health, safety and welfare can be assurred. Adequate administration and enforcement of conditions is the key to success for all parties involved. RECOMMENDATION Staff recommends approval of an exception to Section 17.12.010(G) of the Kodiak Island Borough Code to permit long term gravel extraction on Tracts B-1, B-2, B-3 and B-4A, Bells Flats Alaska Subdivision, with the following conditions: 1. Gravel extraction means the removal, crushing, washing, stockpiling, .and hauling of rock materials and the equipment necessary to accomplish same; Memorandum, p&- ^2 Z -81 -021 2. An operation and management plan be reviewed by the Planning and Zoning Commission which addresses dust control, hours of operation, security, top soil and blasting; 3. Trees in the future residential lot area be preserved; 4. Side slope grading of the lake shoreline be approved by the Borough Engineer; and 5. Conditions 1 - 4 be incorporated into any deeds of sale for Tracts B -1, B -2, B -3 and B -4A, as deed restrictions. EXCEPTION KODIAK ISLAND BOROUGH • PLANNING & ZONING COMMISSION A611 78 7% , 4 LIIN 1981 RECEIVEQJ tzo" APPLICATION FOR VARIANCE DO NOT WRITE IN THIS SPACE Kodiak Island Borough APPLICANT Planning and Zoning Commission ADDRESS P.O. Box 1246 PHONE NUMBER 486-5736 LEGAL DESCRIPTION OF PROPERTY INVOLVED: TRACTS LOT WAX B-1, B-2, B-3, B-4A SUBDIVISION Bells Flats Alaska "- PRESEe/FUTURE USE OF PROPERTY Gravel Extraction/Residential A SITE (PLOT) PLAN IS REQUIRED. AN EXCEPTION THIS IS A REQUEST FOR MAUMEE( FROM SECTION 17.12.010 - Uses Permitted OF THE ZONING ORDINANCE. DATE RECEIVED June 18, 1981 RECEIPT NO. Exempt CASE NO. Z-81-021 HEARING DATE July 15, 1981 APPROVED * * CONDITIONS DATE OF APPEAL HEARING DATE APPROVED DISPOSITION DENIED*: (SEE MINUTES) DENIED CONDITIONS ' (SEE MINUTES) LETTER SENT PERMIT ISSUED A. THE EXISTING SITUATION IS: Borough owned land used for leased gravel extraction and proposed for rezoning from I-Industrial to RR-Rural Residential. GRANTING OF THIS PETITION WOULD PERMIT:,_,use-of:RR land for 1Ong—t:e)MAraVel'extra4ion C. EVIDENCE OF THE ABILITY AND INTENTION OF THE APPLICANT TO PROCEED IN ACCORDANCE WITH THE PLANS WITHIN SIX (6) MONTHS AFTER THE EFFECTIVE DATE OF THE VARIANCE. /ieoe. /I, KODIAK ISLAND BOROU Box 1246 Kodiak, Alaska 99615 FIRST CLASS MAIL NOTICE OF PUBLIC HEARING The Kodiak Island Borough Planning and Zoning Commission has received a petition from KIB PLANNING AND ZONING COMMISSION requesting an exception from Section 17.12.010(G) -- Uses Permitted in RR -Rural Residential Districts -- for long term gravel extraction on Tracts B -1, B -2, B -3 and B -4A, Bells Flats Alaska Subdivision. (Case Z -81 -021) The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 PM, Wednesday, July 15, 1981, in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above - referenced lots, or an owner of property within 300 feet of the above- referenced property. This will be the only Public Hearing before the Planning and Zoning Commission on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486 -5736. . KODIAK ISLAND BOROUGH Department of Planning and Community Development Name Address Legal Description Comments • TURVEY, RICHARD PAUL PETIT, PATRICIA ANN BOX 3002 KODIAK, ALASKA 99615 MARSHALL, GEORGE & JOY 3241 57th AVENUE S.W. SEATTLE, WASHINGTON 98116 FELTON CONSTRUCTION BOX 1225 KODIAK, ALASKA 99615 DRUMM, LOUIS & JEANETTE L. BOX 954 KODIAK, ALASKA 99615 . ARNOLD, ARNOLD & WALTER 975 WALSEN ROAD COLORADO SPRING, CO 80908 SPARKS, WILLIAM & COLLEEN BOX 2421 KODIAK, ALASKA 99615 KIDD, CHARLES & CONNIE BOX 2163 KODIAK, ALASKA 99615 STOCKDELL, DANIEL BOX 2748 KODIAK, ALASKA 99615 HOEN, CYRIL FREDRICK BOX 332 KODIAK, ALASKA 99615 ROUNSAVILLE, DONNELL BOX 547 KODIAK, ALASKA 99615 LUCAS, CLARENCE & KATHERYN BOX 857, USCG KODIAK, ALASKA 99619 WAKEFIELD, KELLY BOX 2706 KODIAK, ALASKA 99615 CROUSE, ALLEN.JR & HELEN BOX 2001 KODIAK, ALASKA 99615 ANDERSON, ROBERT & MARTHA . BOX 758 USCG KODIAK, ALASKA 99619 SKAFLESTAD, KOLBJORN & JAN BOX 705 KODIAK, ALASKA 99615 WELBORN CONSTRUCTION BOX 634 KODIAK, ALASKA 99615 EDWARD SINGLETON BOX 2283 KODIAK, ALASKA 99615 JAMES PRYOR BOX 3031 KODIAK, ALASKA 99615 BJORN & ROSEMARY DAHL BOX 1576 USCG KODIAK, ALASKA 99619 MARCHIEL & IRENE RICHBURG BOX 1576 USCG ; KODIAK, ALASKA 99619 .THOMAS & LILA SCHWANTES BOX 1911 KODIAK, ALASKA 99615 BILLY J FRANKLIN BOX 4271JSCG KODIAK, ALASKA 99619 RICHARD & CAROL LATHER BOX 1576 USCG KODIAK, ALASKA 99619 HOLM, NORMAN & DOROTHY BOX 365 • KODIAK, ALASKA 99615 WILSON, GARY & DARLENE BOX 2297 KODIAK, ALASKA 99615 RANDOLPH, JOHN P. BOX 414 KODIAK, ALASKA 99615 ( !i WASSON, RUD RR2 BOX 94C GRAND FORKS, ND. 58201 WASSON, MARLENE RR2 BOX 94C GRAND FORKS, ND. 58201 PETERSON, LAUREL A. BOX 2066 KODIAK, ALASKA 99615 4.