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1978-12-20 Regular MeetingKODIAK ISLAND PLANNING AND ZONING COMMISSION MEETING DECEMBER 20, 1978, at 7:30 P.M. BOROUGH ASSEMBLY CHAMBERS I CALL TO ORDER The Planning and Zoning meeting was called to order by Vice-chairman, Phil Anderson, at 7:30 P.M.. II ROLL CALL Present Absent Ron Ball Dan Busch, Chairman (excused) Virginia Crowe Gene Erwin Tony Perez (7:50 p.m.) John Pugh Phil Anderson, Vice-chairman III MINUTES A. P & Z Minutes of November 29, 1978 and P & Z Minutes of December 1, 1978 Mr. Ball moved to aDDrove the mi vote. Mr. Pugh indicates that there is an "if" missing in his motion made in the Special Meeting of December 1, 1978, on the certificate of occupancy for the Alderwood case.(Second line of motion should read: "The units are to be occupied until a certificate of occupancy is issued, and if no certificate of occupancy are to be issued by the 1st of Janu- ary." Some discussion followed. NOTE: Correction was noted on the minutes held by Mr. Milligan. IV APPEARANCE REQUEST - None, V UNFINISHED BUSINESS - None VI PUBLIC HEARINGS A. OTHER 1. Z-78-100. A petition for an amendment to the text of Section 17.57.010 (B) (1) of the KIB Code of Ordinances, which if approved would revise the offstreet parking requirement provisions for hotel guest rooms; es- tablishing a ratio of one space for each six (6) guest rooms as opposed to the present provisions which require one (1) space for each three (3) guest rooms. (Leroy Mayberry). PLEASE NOTE: Mr. Ball requested that this item wait until Mr. Perez arrived. Mr. Milligan requested also that the public hearing on this item be carried over till tomorrow night due to Mr. Gerald Markham's inability to get back into town from Anchorage. B. SUBDIVISIONS 1. S-78-088. The request for final subdivision approval of a plat re - subdividing Lot 1, Block 4, Bells Flats Alaska Subdivision, into 2 lots, proposed Lots lA & 1B Block 4, Bells Flats Alaska Subdivision. (Rittenhouse/Morris). Vice-chairman Phil Anderson, closed the regular meeting and opened the public hearing. Mr. Milligan presented the staff report based on a memorandum from the Planning Department. Plat is consistent with the requirements of the subdivision regulations, as reviewed by the Borough Engineer. Approval is recommended with the request that the easements be shown on the final plat when it's presented for recording. DAVID RITTENHOUSE: Speaks in favor of this subdivision. KIBS273097 Mr. Anderson closed the public hearing, after no other persons spoke in favor of, or opposed to the above request, and opened the regular meeting. KODIAK ISLAND PLANNING & ZONING COMMISSION MEETING DECEMBER 20, 1978, Borough Assembly Chambers PAGE 2 be s riats . Bells no start, witn easements on n. Motion carried by unanimous roll ca or the resubdividin of nto two lots, proposed sion by Dave Rittenhouse ecommendations of the 2. S-78-095. A request for final subdivision approval of a plat va- cating Tract "A" USS 2537 B and USS 562, Lot 39, Block 2, Erskine Subdivision, and a portion of Lot 30, Block 1, Kodiak Townsite Sub- division and replatting the property as Tract A-1, USS 2537 B and USS 562. (Sunset Development). Hearing no discussion from the Commissioners, Mr. Anderson closed the regular meeting and opened the public hearing. Mr. Milligan presented the staff report based on a memorandum as pre- pared by the Planning Department. Hearing no one speaking for or against the above request, Mr. Ander- son closed the public hearing and reopened the regular meeting. Mr. Pugh moved that the P & Z grant the request for a final subdi- vision approval of the plat vacating Tract "A" , U.S.S. 2537 B and U.S.S. 562, Lot 39, Block 2, Erskine Subdivision, and a portion of Lot 30, Block 1, Kodiak Townsite Subdivision and replat this pro- perty into Tract A-1, U.S.S. 2537 B and U.S.S. 562 for Sunset De- velopment. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. 3. S-78-096. A request for final subdivision approval of a plat va- cating Lots 14A, B, C, & D, Block 7, Bells Flats Alaska Subdivision, and replatting the property as Lots 14A-1, C-1 & D-1, Bells Flats Alaska Subdivision, (Jeffrey R. Povelite/Chandler Fisheries, Inc.) Hearing no discussion from the Commissioner's, Mr. Anderson closed the regular meeting and opened the public hearing. Mr. Milligan presented the staff report based on a memorandum pre- pared by the Planning Department. Suggested appropriate action would be to return this plat to the applicant and ask the applicant and his surveyor to reevaluate that and see if there is not a better lotting configuration that could be created than what has been pro- posed this evening. CYNTHIA CHANDLER: Speaks in favor of this subdivision. (She indi- cated that Mr. Povelite is in California.) Hearing no one else speaking either for or against this subdivision, Mr. Anderson closed the public hearing and reopened the regular meeting. Mr. Pugh moved that the P & Z return this request to Mr. Povelite and Chandler Fisheries for them to reevaluate Lot 14D-1, and ask A. OTHER (continued) KIBS273098 1. Z-78-100. Mr. Anderson closed the regular meeting and opened the public hearing. Mr. Milligan presented the staff report based on a memorandum pre- pared by the Planning Department giving the history of what has taken place so far on this matter. IN FAVOR OF: PAUL CARR: Employed by a consulting firm, Architecture and Urban Planning, from Anchorage named Simpson, Usher, Jones. Here by re- quest of Mr. Mayberry. Realistic from a 1:8 ratio, and is appro- priate for Kodiak. Juneau has a 1:4 ratio. Fairbanks hotel park- ing requirement is a 1:6 ratio, and so is Anchorage. KODIAK ISLAND PLANNING & ZONING COMMISSION MEETING DECEMBER 20, 1§78, Borough. Assembly Chambers PAGE 3 ART JORDAN: March 1 to October 30 each year in Kodiak needs more parking spaces. LIANNE DIERICH: Chairman of the Chamber of Commerce Visitor's Bureau. Supports ordinance, thinks it is a reasonable approach, feels that more hotels are needed. TOM SWEENEY: Berg Motors has a fleet of 10 rental cares. Feels that there doesn't seem to be a real parking problem in the area, and that the city has parking lots in the downtown area. One of i— the hotels has several year round residents. Another hotel is badly needed in Kodiak. CECIL HANLEY: Owns a cab company. Feels there's a big problem with a lack of hotel space not only for off/island visitor's, but also for people visiting Kodiak from the villages who can't find hotel rooms. R.T. RYAN: Is a cab driver and also owns property 330' from the May- berry property. Says that parking spaces are usually available in downtown Kodiak, but Kodiak does occasionally have a traffic problem, particularly in the summertime. He doesn't feel that the development of the Mayberry hotel property would devaluate his property. ERNIE MILLS: Feels that the P & Z Commission can't do anything about the traffic problem. The roads are state highways and the state has to solve the problem. Does feel however, that the P & Z can assist in solving the problems along with the city and borough. The City Council is going to get involved with traffic planning. HANK EATON: Koniag Inc., brings alot of people into town, both from the villages and from off the island. They often have trou- ble finding hotel space for their visitors. They also considered r- building a hotel on the Mayberry property. DON BAKER: We need more hotel rooms' The telephone company needs the services of a hotel 10-15 times/week. Feels that traffic is a concern, and that more traffic at this location is a compounding problem. (It's not uncommon to spend 3-4 minutes to get through that intersection. Wants the P & Z to study the request imple- mented, and feels strong that there is a direct tie between the variance and this amendment. ARLENE BOVEE: Lives at 410 S. Benson, near the K.I.. Recommends very strongly that the ordinance remain as is, and shows concerns about pedestrian safety locating the hotel where presently proposed. Suggested putting hotel on top of the mountain and using a chairlift to get guests to it. TED HILLER: Lives on Cope Street. Not against the hotel, but is against the parking for the hotel. REBUTTAL: THOMAS SWEENEY: Pointed out that those who park in a driveway are breaking the law, and those who don't stop for pedestrian traffic are also breaking the law. Owns National Auto Rental. Need more law enforcement to alleviate some of these problems mentioned by Mr. Ryan and Mrs. Bovee. Gave resistence to the idea of putting a hotel up on the hill. Also made mention of the time when there r " were parking meters here in Kodiak, there were 26 of them all over town. RON DOUBT: Feels that there is a tremendous parking congestion, and traffic -flow pattern problem that does exist. Fears that the hotel parking would be exclusively for hotel patrons and not for the residents of Kodiak. REBUTTAL: PAUL CARR: One zone has to be interpreted equally throughout a community. Fire or police protection is not an issue, traffic is not an issue. The issue here is what is an equitable parking ratio for a hotel in Kodiak? He feels that 1:6 ratio is adequate and acceptable in Kodiak. Vice Chairman Anderson called for a 5 minute recess. KIBS273099 KODIAK ISLAND PLANNING & ZONING COMMISSION MEETING DECEMBER 20, 1978, Borough Assembly Chambers PAGE 4 Vice -Chairman Anderson recessed the public hearing on the above case until December 21, 1978, at 8 p.m. so that the other attorney can be here and make his presentation. 2. Z-78-098. A request for an interpretation of Section 17.21.010 (G) of the K.I.B. Code of Ordinances, to permit mini -warehouses in the business zoning district as a permitted use. (Koniag, Inc.) Mr. Milligan presented the staff report based on a memorandum pre- pared by the Planning Department. He points out that there is a difference between mini -warehouses and warehouses perse, on a national basis as well as in planning circles. This is not an ordinance change. Vice-chairman Anderson closed the regular meeting and opened the public hearing. HANK EATON: Employed by Koniag. Elaborated on what Mr. Milligan presented in his staff report. The decision to construct these mini -warehouses came from the many requests they received from fishermen, primarily. The spaces being considered are units 5'x 7' 7'x 10'and 10'x 15', which can vary somewhat. There will be an apartment built with these mini -warehouses and a watchman. This facility will not all be under one roof. He anticipates 8-12 se- parate buildings. Vice-chairman Anderson closed the public hearing and reopened the regular meeting after hearing no one else speaking for or against the above request. Some discussion followed between Mr. Milligan, Mr. Eaton and the Commissioner's. Mr. Pugh moved that the Commission interpret Section 17.21.010 G) of the K.I.B. Code.of Ordinances, in such a manner that mini -warehouses be a permissible use in a business dis- trict. Seconded by Mr. Erwin. NOTE: Mr. Anderson pointed out that there is similar only in larger detail, warehousing in the same area adjacent to the property in question. (Chuck Powell has a warehouse, there's a lumber yard on the corner of Mill Bay and twelvth.) Motion passed by unanimous roll call vote. C. REZONING 1. Z-78-093. A request for rezoning of 40 acres in Tract B, U.S.S. 2735 from Conservation to Unclassified. (Charlie and Carol John- son and Mary Becker. Mr. Milligan presented the staff report based on a memorandum pre- pared by the Planning Department. The K.I.B. is the 2nd Borough in the state to have all it's lands zoned. The rezoning of this land would allow for the subsequent subdivision and development of the 40 acres to a density of one unit per acre, less R.O.W., to have 32 to 34 lots, depending on subdivision and R.O.W. configura- tions. There is a question of access. Pointed out potential for a new community that would require school facilities and other public facilities, and whether or not Kodiak is ready to support another community on this property location. Some discussion followed. Vice-chairman Anderson closed the regular meeting and opened the public hearing. CRAIG BISHOP: Wasn't aware of the far-reaching ramifications of this request. R.O.W. is approximately 200' wide, and is very close to the property line, probably 100' from the property line to the R.O.W.. He was told that it could take up to two years to get everything on the road in order to get this request completed, as is intended. KIBS273100 KODIAK ISLAND PLANNING & ZONING COMMISSION MEETING DECEMBER 20, 1978, Borough Assembly Chambers PAGE 5 Hearing no one else either speak for or against the above request, Vice-chairman Anderson closed the public hearing and reopened the regular meeting. Discussion followed between the Commissioner's and Mr. Milligan. Mr. Anderson feels that the rezoning is premature. Mr. Pugh moved that this request be tabled. Seconded by Mr. Perez. Motion passed by unanimous roll call vote. Mr. Bishop asked if it would be o.k. to subdividie into 5 acre lots if 40 acres is left as Conservation. It was pointed out that there still had to be road access to the property. VII ADJOURNMENT ATTEST: Vice-chairman Anderson recessed this meeting until 8 p.m., December 21, 1978. APPROVED: Vice -Chairman KIBS273101 & Z Cornrrission S retary KODIAK ISLAND PLANNING AND ZONING COMMISSION MEETING PAGE 6 DECEMBER 20, 1978, continued to DECEMBER 21, 1978, at 8:00 P.M. BOROUGH ASSEMBLY CHAMBERS CALL TO ORDER The continued P & Z meeting of December 20, 1978, was called to order by Vice-chairman Anderson, at 8:00 P.M.. II ROLL CALL Present Ron Ball Virginia Crowe Gene Erwin Tony Perez John Pugh Phil Anderson, III PUBLIC HEARINGS A. Other Vice-chairman Absent Dan Busch, Chairman (excused) 1. Public hearing continued from last night's meeting on Case #Z-78-100. (Leroy Mayberry) OPPOSED TO: GERALD MARKHAM: Attorney representing property owners, Joe Carbin, Hazel Ardinger, and Mr. and Mrs. Springhill, who live in the vicinity where the above request would be affected. He stated his reason for not being able to be present at last night's public hearing, and thanked the Commission for continuing this public hearing in his be- half. He gave a brief history of what has transpired on this matter during the past two years. He questions the impact the hotel would have on the traffic in the area. Said that a death had occured at this intersection approximately one year ago, and feels safety is a major consideration. He suggested that the Commission contact the State Highway Department and the Chief of police concerning the restrictiveness of three to one ratio- verses six to one ratio. His main concerns deal with the health, safety and welfare of the people in this community. A discussion took place between the Commissioner's and Mr. Markham. DUANE FREEMAN: A property owner living within 300' of the area in question. He feels that there is a serious parking problem at this time. IN FAVOR OF: LEROY MAYBERRY: Related briefly what studies he has done within the last four years to determine what would contribute best to the needs of this community and required the least amount of parking require- ments. LLOYD BENTON: Is not speaking either for or against this ordinance, just wanted to point out that five years ago that the Sheffield House had to make application for parking and were granted a variance. Hearing no one else speaking either for or against this request, the Vice-chairman closed the public hearing and reopened the regular meeting. Mr. Pugh asked Mr. Ball if his present business association with Mr. Mayberry would lead to a conflict of interest? Mr. Ball states that Mr. Mayberry is presently working for Mr. Ball at this time. Before this question ever came up, Mr. Ball states that he was for the six to one ratio, and he feels he should be allowed to vote on this request. Mr. Anderson read into the record a letter from IN FAVOR OF: Arthur F. Johnson, President of Island Insurance Company, who speaks in favor of this ordinance and says that the traffic problem in Kodiak already exists. Whether the hotel is built or not the traffic problem will have to be contended with. KIBS273102 r— KODIAK ISLAND PLANNING AND ZONING COMMISSION MEETING DECEMBER 20th continued to December 21, 1978 Borough Assembly Chambers Mr. Ball moved establishina a PAGE 7 of Section 17.57.010 (B) (.1 nances that would revise t e or the hotel guest rooms, six quest rooms, as oaoosed zo the present provision wnicn requires one space for each three guest rooms, presented by Leroy Ma beSwecodMedr. by Mr. cPaush. Some dis- passecussion followed. Motion 5-1,ith Erwin tina a NO vote. * * * Mr. Anderson called for a 5 minute recess * * * C. REZONING 2. Z-78-097. A request for rezoning the unsubdivided portion, about 7± acres, of U.S.S. 3218 and Lots 1 & 2, Block 1, Woodland Acres Subdivision, approximately 2±, from Unclassified to Business. (Lloyd Benton/Mike Rasmussen). Mr. Milligan presented the staff report based on a memorandum pre- pared by the Planning Department. There was some discussion between Mr. Milligan and the Commissioner's. Vice-chairman Anderson closed the regular meeting and opened the public hearing. IN FAVOR OF: MIKE RASMUSSEN: There is no creek on the property, but there is on the boundary of Crestview Subdivision, along that line on the drawing, there is a low area, with some water drainage at different times. (rain water runoff) It's his plan to dedicate property to be used for a sewer line as a collection point in the low area. Plans to put in some type of business use that would require low traffic type businesses, with no through street in there. There are other busi- ness oriented entit'es Tread exi ting in the v'cinit of s id.area. Mr. Anderson asked t�r. asmuRen i he d object to con�ract �usiness zoning, and Mr. Rasmussen's initial reaction was "no", but he then conceded to possibly considering this matter. LLOYD BENTON: This property has been brought to P & Z twice before this date; five years ago and two years ago. 1st time denied because it would be spot zoning and the 2nd time was told the property in question was too large. He feels that this I-ecation is logical for business zoning. He plans to locate lumber business on his property, and would object to contract zoning. It's not objectionable to him to have residential homes side by side with businesses. Vice-chairman Anderson closed the public hearing after, hearing no one else speaking either in favor of or against the above request, and reopened the regular meeting. Mr. Ball moved to table this request, and qet together with Mr. Benton and Mr. Rasmussen between now and our next regular meeting, to have them in one of our work sessions where we can further dis- cuss this. Seconded by Mrs. Crowe. Motion assed by unanimous_ roll call vote.(Work session for January 79, at 7 P.M., in 4, 19 Borough Assembly Chambers.) 3. Z-78-099. A petition to rezone Lots 1-12, Block 1; Lot 18, Block 2, and Lots 1-9, Block 3, Russell Estates Subdivision from R-3 (multi- family residential) to R-2 (two family residential) and rezoning of lots 13 through 17, Block 2, and Lots 10 through 15, Block 3, Rus- sell Estates Subdivision from Unclassified to R-2 (two family resi- dential). Kodiak Island Borough P & Z Commission. Mr. Milligan presented the staff report based on a memorandum pre- pared by the Planning Department. Vice-chairman Anderson closed the regular meeting and opened the public hearing. KIBS273103 KODIAK ISLAND PLANNING & ZONING COMMISSION MEETING PAGE 8 DECEMBER 2Oth continued to December 21, 1978 Borough Assembly Chambers IN FAVOR OF: JIM HIKUS: Lives on the east side of Larch, which is presently R-3. He wants it changed to R-2. Owns Lot 5, Block Russell Estates. DON BAKER: Owns Lots 11, Block 3, Russell Estates. Stated that snow removal is a problem, traffic is a problem, parking is a prob- lem, and the zoning is a hodge-podge situation. Feels this rezon- ing is in the best interest of the community at large. HAROLD BRIGHTON: Owns property adjacent to the area. Agrees with Mr. Baker's statement in rezoning to R-2. Lives on Lot 8, Block 7, Baranof Heights. Noise and deevaluation of the property, to him, is an added problem. Wasn't aware of what the zoning was in the area when he purchased his property. NORMAN CLEMINACK: Presently building a structure on one of the lots in question, which he thinks is zoned Unclassified. Lives on Lot 16 Block 3, Russell Estates. (lives two lots up from Jerry Gudenau's tri-plex.) FRED GAFFNEY: Lives on Lot 9, Block 1, Russell Estates. He also owns other pieces of property in the area that is being considered for rezoning. Gave brief history of what has transpired in that area since he bought his property. He got 43 people in the area to sign a petition for this rezoning. 11 of those 43 own property within the area being considered. He says that 9 out of the 25 people who signed the counter petition live in the immediate area, and 2 of those 9 actually own property in the area being considered for rezoning. JAMES RAMAGLIA: Owner of Lot 7, Block 3, Russell Estates. (this was a letter that was read into the record). Bought his property in 1975 thinking it was R-2 zoning. Wants it rezoned R-2. OPPOSED TO: GERALD GUDENAU: Owns Lot 18, Block 2, Russell Estates Subd.. His property was rezoned from Unclassified to R-3 some time ago. (Mr. Anderson read this letter into the record.) BRUCE BEEHLER: (Mr. Pugh read this letter into the record.) Owns Lot 6, Block 3, Russell Estates Subd.. Has lived in Kodiak 5 years. Last year, this time, he purchased R-3 property and in- vested his total finances to make this purchase and built a triplex. It's worthy of notice that some of the people who signed Mr. Gaffney's petition were sympathetic with my counter petition and even agreed with me, but wouldn't sign my counter petition because they felt "spooky" about signing their names twice. Noted that there was no opposition to Gudenau's triplex and rezoning to R-3 in July, '78. STAN FISCHER: Owns several of the lots which will be affected by this proposed rezoning, they are Lots 14 & 15, Block 3, Russell Estates Subd.. Am not personally satisfied with the evidence that has been presented to you as reasons for this change. He suspects that a number of persons signing the Gaffney petition signed because of their concerns about the Lily Lake Development and the Capas pro- ject, not because of a triplex. He doesn't feel that the good points brought up by various neighbors in the area are not sufficient to help the Commission make a good judgment on this request. Doesn't feel that the matter has been adequatley presented or studied. The economic issue wasn't presented adequately. States that there are 9 lots undeveloped in the area. Offered to help gather information for the Commission, if they are willing to table this matter at this time. Mr. Perez pointed out that the developers of the road made it the way they did because people didn't want to lose the trees, and that it zigzags like it does to keep trees up for wind protection. Feels that the zoning is backwards. KIBS273104 KODIAK ISLAND PLANNING & ZONING COMMISSION MEETING DECEMBER 2Oth continued to December 21, 1978 Borough Assembly Chambers PAGE 9 Vice-chairman Anderson closed the public hearing, after hearing no one else desiring to speak either for or against this request, and reopened the regular meeting. Mr. Pugh questioned Mr. Milligan as to whether or not he thought that there would be any way that this area might be put under a form of contract zoning where lots were limited to triplex's only, no matter what the square footage was? Mr. Milligan's first reaction was to say "no". Mr. Ball moved to table this matter for further study, (due to the hour), at one of our work sessions. Seconded by Mr. Perez. Motion mous roil ca IV OLD BUSINESS - None V INFORMATION AND REPORTS A. Communication - None B. Reports 1. Chairman's Report - None 2. Committee Report - None 3. Staff Report a. Borough Manager - None b. City Manager - None c. Planning Director Mr. Milligan congratulated Mrs. Crowe on her appointment to the Commission. Also extended to all the Commissioner's, on behalf of the Borough Administration, a Merry Christmas and a Happy New Year. Said he wasn't aware of a traffic plan in the making. Mr. Erwin verified that a traffic plan is in the making, accord- ing to a discussion he had with the fire chief. d. Other - None VI COMMISSIONER'S COMMENTS Mr. Perez wanted to know what direction the Commission has to go to get an extension of that Selief Road to Borough land and City land to make another exit? VII AUDIENCE COMMENTS KIBS273105 ART BORS; Asked the Commission to consider a rezoning request, originally made by Bertha Pratt. Mr. Milligan related to the Commission that the status of the Pratt property at this time is zoned R-1. Has been hanging in limbo after being tabled and put on a 45 day waiting period, which has long since lapsed. Mr. Anderson suggested that Mr. Bors go into a study session with the Commission, on this request. Mr. Anderson read into the re- cord the Ordinance relating to this request. Mr. Milligan indicates that in his discussion with the Borough attorney, in regards to contract zoning, that the enabling legislation amended into Title 29 providing for contract zoning is adequate to allow the Commission to proceed to zone by con- tract or by district. Mr. Bors felt restriction concerning the 35' limitation. He'd like to incorporate some sort of alternate energy source, probably wind driven electrical generators, which would heat water, not to provide electricity for burning lights, KODIAK ISLAND PLANNING & ZONING COMMISSION MEETING DECEMBER 20th continued to December 21, 1978 Borough Assembly Chambers PAGE 10 and that type of thing, but for a heat source. Very possibly these wind driven mechanisms would require more than a 35' height restriction. They would probably be mounted on the roof of the building, making them safe and out of the way. He feels that the proposed terms are fair, with the exception of the height restriction, and are acceptable. Mr. Milligan noted that the basic building height in a business district is 50'. Mr. Bors related the history behind what has happened on this piece of property. Feels this location is a very good spot for this facility. The two things, that are at present, stumb- ling blocks are: 1) expeditious decision, 2) finances of this project. removed trom the table in reaard to Mrs. Pratt's trailer court to the Borouan Assembly rezonina trom K-1, sinale-tamliv resi- nce to Business business ordinance. Secondea by Mr. trwin. Some discussion followed between the Commissioner's and Mr. Milligan. Motion failed 2-4 with Mr. Anderson, Mr. Pugh, Mr. Perez and Mrs. r,nido rx+inn Kin vn+cc Mr. Pugh moved to recommend to the Bor my from R-1, single family residentia through 18, Block 2, and Lots 9 throug Subdivision, with a special contract z forth in the proposed draft ordinance Department staff. Seconded by Mr. Per with Mr. Erwin castina a NO vote. ness n- on set e Plannin Mr. Pugh moved that the Commission initiate an amendment to the Comprehensive Plan to change the classification of the Allman Subdivision from public and open space to Business and that a public hearing on this change be scheduled for the regu- lar meeting to be held on January 17 1979. Seconded b Mr. Perez. Motion passed by unanimous roll call vote. d that the Commissi LULS 7 Lnrougn 14, big K 1, Allman Aaaition Subaiyision, trom R-1 single-family residential to Business. Seconded b Mr. Ball. Motion passed by unanimous roll call vote. Mr. Milligan suggested that the previous motion be amended to include Lots 9 through 14, Block 1, Allmans Subdivision in the public hear- ing, and Mr. Pugh agreed to this suggestion. MR. PUGH: Asked Mr. Milligan that if the proposed amendment on the hotel parking spaces does not pass the Borough Assembly, could we schedule the hearings for the variances for January meeting or Mayberry is directed to us by the court? Mr. Milligan saw no problem with that at all. VII ADJOURNMENT KIBS273106 Mr. Ball moved for adjournment at 12:31 a.m., December 22, 1978. APPROVED: ATTEST: B - Vice-chairman i �j Z ecreta