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1968-03-27 Regular MeetingKODIAK ISLAND BOROUGH PLAMMIG & ZCIMTG ODi 1TSSION - Iiarch 27, 1968 I CALL TO ORDER Tile meeting was callea to order at 7.35 p.m. by Chainman :caller in the RZagistrate's Courtroom, Donnelley Building, Kodiak, Plaska. II ROLL CALL Present Absent John Waller, Chairman Ptone r_ ie Arothers r' T- ^,• (late arrival) Mrs. Edith Longmire Harry Wallace John We:.', ch Also presents Jim Stansbury, Building Inspector; end approximately 15 people in the audi=e III PMNUI- OF PREVIOUS ELETING - 3/13/66 Nr. Welch mated, seconded by Ir. Brothers, that the minutes be accepted as written. ;:lotion carrJed by unanimous voice vote. A. Assembly -- 3/21/68 3. Ordinance Gmudttee •. 3/26/68 There were no conuents. V CORRESPONDENCE - PtOPLE TO BE MARD A. IPtter from Dale Tubbs re Navy Stockpile of Aggregate in Bells Flats. Letter was read stating that it had been reca-¢nended to the Navy that they apply for a Spec?.al rand Use Permit to use the area for teriporary stockpiling purposes and that thay plan to clear the area and release it within this calendar year. The question was ra..'sed as to whether a public hearing would be r ited on this request. IV.tion was tabled pending receipt of further information. B. Letter fryxn Ivor Schott re Chiniak School Site. The letter was read requesting a review of U-JLs site designation with the Ccundssion. Pir. Dialler said. that he would discuss this matter with Hr. Schott. VI PUBLIC HEARM7GS A. Request for Rezoning from R2 to R3 - Erskine 31k 8 Lots 59-62, 65-67; Blk 7 Lots 46-52 and 55-58; Bik 9 Lots 103-•11 - Property Owners (Case 1-L). ;�r, Brothers moved, seconded by IOW. F3allace, that it be recoanencied to the Assembly that the rezoning be approved. The meeting was recessed and public hearing opened. The petition received against the rezoning was read. A letter from the Saures requesting that their n&Te be removed from the petition- in favor of the rezoning, that the assessments in the area be lowered, that airy further attempts to rezone the arrea be sto:ped, and that the petition was misrepresented to them by iir. Crow, representing Chris Berg, Inc., was read. The following individuals in the audience then spoke in favor of the rezoning. - Anita Aann for herself and irs. haft, i�ir. Slater; Clint Crow for Chris Berg, Inc; and vir. Tusvik. The following people spoke against the rezoning- Ur. Sargent 24rs. Welch bhm. Saupe. The following reasons were given in favor of the rezoning- Apartmients are needed in Kodiak and progress is going to come and.{ will cause change in all areas. This is a logical place for apartments because it is within walking distance of the City. Piore reasonable apartment rents are also needed, and it was felt that construction of fourplexes would cut costs by 10 to 15 percent. Taxes in the area are high, but rentals from apartment s units would help people meet the taxes. The lots are too small to allow large multiple unit dwellings, and no high rises would be allowed because the Zoning Ordinance restricts the height to three stories or 35 feet. P,r. Slater felt that he was being discriminated against in being requested to cease use of his third trait because c:.her families in R-1 and R-2 zones are boarding students in them homes. boarding houses are allowed only in R-3 zones. ::ven if the area were rezoned to R-3, the Chris Berg apartments would still require a variance because their lots are too small to permit R-3 dwellings. KIBS272574 PL&MIM & ZONT4G (W-JISSI0N - March 27, 1968 2 Reasons given against the rezoning were as follows: The people in the area bought their property as R-2 and planned its use that way and feel it is unfair to them to change the zoning now. Some people have delayed building on their. lots in the area because of the uncertainty of the zoning. They will not build there if the zoning changes. Some people would have built R-3 dwellings if they had known thezoning would change. It was felt that the taxes will be even higher if the zoning is changed to R-3. .— During further discussion, nr. Crow asked I&S . Welch if the Welches had planned originally to construct an R-3 Civelling. tars. Nelch said they had considered it but then found that the zoning was R-2. fir. Craw asked nits. Saupe how he and Mr. Slater had mis-represented the petition to them. He said that he and fir. Slater called on the Saupes and shaved them the map of the proposed rezoning eOd erl ' -'.red th-, reasons for it to them. Mrs. Saupe asked haw the rezoning "Would affect the tax structure of the area. The Assessor's comments fran the Previous meeting were read —that the taxes on the land might go up slightly if there was a greater demand for it after the rezoning. 7,5r. Sargent asked A1r. Stansbury if more parking space would be required for R-3 dwellings. ar. Stansbury replied that more would be required --one parking space for each dwelling unit. There was considerable discussion concerning the fact that the R-2 zoning came into effect after the lots had been subdivided. The question was raised as to whether the lots, which do not meet the square footage required for R-2 and R-3 dwellings, can be used for this construction without variances being granted. It was thought that the lots could be useu for R-2 dwellings without variances being granted if the setback requirements were met, because of the fact that the lots were subdivided before they were zoned. however, if the lots were rezoned to R-3, if was thought that they would require variances, since 2400 square feet are require; per dwelling unit for R-3 dwellings. The Commission requested that this be clarified by the Attorney in writing. After further discussion, the public hearing was closed and meeting reconvened. r Mr. Welch stated that there were two pieces of property in the area which had been in violation of the ordinance for t-ko years. He said that the area has well -established hones and that it would not be doing then justice to rezone the area. Some people thought that he shouldn't take a stand because of his involvement in tie area, but he intended to anyway. Mr. Haney felt that there were not enough objections to the rezoning to warrant disapproving it. He said that out of 58 notices which were sent, only 18 objections were received, which leaves 40faanilies who do not care. Mr. Uallace said it shouldn't be assumed that they do not care. Perhaps they are out of town. He thought that the only way in which people would be affected by the rezoning would be by the height of the new buildings, in that they might block their views, and that buitUing.s were limited in height to 3 stories or 35 feet anyway. firs. Icngmire felt that people would be affected by more than the height of new buildings if the area wee rezoned. She also felt that people should check of the zoning of an area before they buy property there, and if it is not zoned to their liking, then they should look for property in another area. Mr. Brothers felt that the rezoning would help the people already in the area, since they could change their dwellings to R 3 if they wished, if they could proviae the necessary parking amen meet the other requirements. r The question was called for, and the roll was called with each commissioner voting as follows, with his reasons for so voting - Mr. Brothers - Yes. Rezoning would enable those already living in the area, as well as others, to construct multiple unit dwellings. Mr. Haney - Yes. Rezoning would help to develop the land faster, and there are c=ouy: ,plc.: fa,'tr of the rezoning, and not enough people against it, to warrant the change. KIBS272575 Mrs. Loagnnire - No. Mrs. Longnure at first wished to abstain, due to her personal interest in the area. However, Mr. Waller felt that all Camtissioners should be willing to oa,•mi.t themselves, and Mrs. Longmire voted no. She stated that after talking to the people in the area, she felt that they are definitely against the rezoning and that their feelings should be respected. PLANNING & ZONING MI•IISSION - March 27, 1968 3 Fx. WAllace - No. He feels that he is on the Commission to represent the people and he thinks that the people do not want the area rezoned. He thinks that the reason the lots have not sold is that the prices tripled overnight. He does not think that the area should be rezonei to 'c- because it UmM4keep the assessments arld.taxes:-high. ir. Welch - No. iir. Welch felt that the area should be left R-2 since this is the desire of the property owners. Their desires should be considered since they are old-timers. r Itr. (Taller - No. He felt that the majority of the property 3 ty p party amens are against the rezoning. The motion failed and it will be recommended to the Assembly that the area not be rezoned. B. Request for vacation and Replat of Townsite 31k 3 Lots 10 and 11 - Brechan and %.. VV--.., . i.i. &4c 1Y 11"V�, oc IUi Ly 1, VVCli:ll, U=L uic vuc;arivn and replat be approved. The meeting was recessed aril the public hearing opened. The petition for vacation and replat arts read. The approvals of the Borough Engineer and REA were read. There were no other ccrianents. The hearing was closed and meeting reconvened. Dbtion carried by unanimous roll call vote. VII ZONING IMS - PPZIL WARY RE� - None VIII SUBDIVISIONS, PRELIMINARY - Mxie IX SL>BDIViSICIIS, FRIAL - None X OIL BUSINISS A. Recanrendation from Assembly re Public Hearing for Exception for Gravel Sites in Bells Flats. The recMiLdation was read requesting that this public hearing be NMI under Section 11-A of the Zoning Ordinance. This rest was r— based on the Borough Attorney's advice that a hearing would be necessary. It was reported that the Borough Chairman had called from the State Division of Lands and asked that the hearing be held on the Kodiak Land Co. site only. Mr. Wallace moved, seconded by Mr. Haney, that the hearing be scheduled for the next meeting. notion carried by unanimous voice vote. B. Recommendations from Building Inspector and Sanitarian re Request from: Kodiak Disposal Co. to Incinerate Garbage. The recommendations were read stating that the proposed incinerator would not meet the necessary requirements. After some discussion, it was agreed that Par. Stover should discuss this matter with the Sanitarian and Building Inspector. C. Recommarendation from Assembly re Public Hearing for Exception for Sanitary Fill Site. The Assembly minutes of lY21 were reviewed, including their reoomvendation that the hearing be held by P&Z based upon advice from the attorney. fir. Haney moved, seoonded by Mr. uAllace, that the hearing be held at the next meeting. 14otion carried by unanimous voice vote. XI PLAMUM & STAFF ITEDIS A. nano from Secretary re [SS 3219 Rezoning. ikaw w ead staging that the area was o to be zoned Unclassified on the original ning map, and that an error had been made in preparing the larger zoning map by shcwi.ng this property as being zoned Conservation. The map will be corrected. r XII AUDIENCE CO m= KIBS272576 A. Mr. Taylor of Bells Flats. Mr. Taylor had a question concerning the ordinance creating the Commission and the Procedures adopted by the Comission. He was referred to the Borough Attorney. Mr. Taylor asked the Building Inspector why a building had been moved from Bells Flats without a permit. The Inspector was unaware of this situation. Mr. Taylor stated that they were presenting a petition to Juneau to disband the Borough and the Planning and Zoning Commission. Mr. Taylor also asked that it be made a part of the record that there is no property owned in Bells Flats, and that if there is any property owned there, it is owned by the Borough. PLANNLX & ZONING OCPAIISSION - Idarch 27, 196£ 9 B. Mr. Welch re Ordinance Cmmittee. Isr. Welch asked by what procedure the ordinances are amended. It was explained that they are amended by ordinance, which must follow the normal procedure of first and second reading and public hearing. He felt that there would be difficulties if the ordinances are made more liberal. It was felt that the main purpose of the Ordinance Cmmittee was to recommend changes which would clarify the ordinances and eliminate loopholes. XIII ALiJUNbMa - The meeting was adjourn": at 9::30 P.M. rim - Respectfully submitted, KIBS272577 Wziller, Chairman Sally henur , Secretary r-