1978-07-26 Regular MeetingKODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING JULY 26, 1978, at 7:30 p.m. I. CALL TO ORDER The Vice.Chairman Phil Anderson, Called the P & Z Commission meeting to order on July 26, 1978, at 7:30 p. m. in the Borough Assembly Chambers. lilEWITS) iW80"A PRESENT Mr. Phil Anderson Mr. Ron Ball Mr. Gene Erwin Mr. Tony Perez Mr. John Pugh Mr. Don Baker A quorum was established. III. MINUTES ABSENT Mr. Dan Busch, excused (fishing) Mr. John Pugh moved that the minutes of the regular meeting of May 17, continued through May 18 and 22 be approved. Seconded by Mr. Ball. Minutes were approved by unanimous roll call vote. IV. NEW BUSINESS S-78-065. Vacation and Replat of Lot 10, Block 1, Russell Estates Subd. and part of the unsubdivided portion of USS 1396, requested by Mr. F. J. Capas. Mr. Milligan presented the staff analysis of the request indicating the location of the site, the zoning of the land and the development on the surrounding property Mr. Pugh asked for a copy of Mr. Capas' building permit and Mr. Milligan was excused to obtain a copy. During his absence Mr. Anderson read the Borough Engineer's report into the record. Mr. John Capas came forward and stated he had built a triplex on Lot 10 Block 1, and stated that the Commission was welcomed to inspect the property. An extensive discussion developed between Mr. Capas and members of the Commission concerning his plans for the property and the need and justification for this requested vacation and replat. Mr. Anderson asked why Mr. Cappas wanted the extra five thousand sq. ft., if he was only building a triplex. Mr. Capas responded that he wished to enlarge the back yard of the property. Mr. Pugh asked why if the area was under water. Mr. Capas stated he planned to build a deck over the water area. Mr. Capas stated the building is a triplex that was built with the option of being converted to a four plex. The building has six meter bases with only four meters set. Mr. Perez commented that presently the lot is adequate for a triplex but that the additional area would allow a larger building. Mr. Pugh stated that as a Planning Commission the Commission was not only concerned about the existing building and zoning, they were also concerned about the future use of the land and how it was to be developed. An extensive discussion developed between Mr. Capas and the Commission concerning his future intentions for the use of the property, the proposed deck and the ease of altering the building to created additional dwelling units without expanding the exterior size of the building. Mr. Baker asked Mr. Capas that assuming he had the property to convert the building to a four or five plea was that his intention. Mr. Capas responded "yes" to a four plex. Mr. Baker stated that even if this is not desireable from the standpoint of your neighbors. Mr. Capas felt that was not the issue. Mr. Baker stated that it appears that you built a bigger building than permitted -and you wish the Commission to sanction your plans for a larger building now. Mr. Pugh asked Mr. Widom:.about Mr. Stafford's letter to Mr. Capas and if there are six meter bases in the building, why a- C 0 was issued. Mr. Widom commented that there are only 3 kitchens in the building- 2 in the upper floor - one on the lower floor and that the wiring had been inspected and found to be in compliance with the directions set forth in the City Engineer's letter and that there are only 3 units in the building. And for those reasons the requested --Certificate of Occupancy was issued. It was KIBS273054 P & Z MINUTES, DULY 26, 1978 Page 2 moved by Mr. Ball and seconded by Mr. Pugh the Commission deny the replat of Lot 10 Block 1 Russell Estates Subdivision requested by Mr. F. J. Capas. Motion carried by unanimous roll call vote. The Chairman announced under New Business OTHER the request by Rev.Robert Childs for an interpretation of the definition of a "family". The request by Felton Construction Company for review of a borrow site lease application and the request for a temporary waiver of the occupancy requirements for Phase I of the Alderwood Townhouse Development by.Mr. Henderson; be moved down further on the agenda in order the Commission could hold public hearings on the rezoning request first. The Commission agreed to the change. Under Rezoning Public Hearings, the Chairman announced that the Planning Comm- ission would hold one public hearing involving the request for rezoning from Unclassified to Industrial on Tract S-4 USS 3218 requested by Mr. Russell Welborn. The request for rezoning of Lot 1 Block 1 Tract M USS 3218 from Unclassified to Industrial requested by Alagnak Inc.; the request for rezoning of Lot 2 Block 1 Tract M from Unclassified to Industrial requested by Mr. Leroy Wittich and the request for rezoning of Tracts S-1-S & S-2 from Unclassified to Indust- rial requested by Brechan Enterprises, Inc. The Chairman stated that at the conclusion of the hearing the Planning Commission would act on each of the four requests separately. Mr. Milligan outlined the area in question and made the staff presentation based upon the memorandums prepared for each of the individual requests. First person to speak was Mr. Tim Metroken. He was opposed to the requested zone change he felt the area is choice future residential property and felt home owners as well as industry have a difficult time in finding good areas. The two uses must be kept separate. The cleared area on Tract S-2 has just been cleared foruse. Mr.Anderson stated that there is no idustrial land available for development. A discussion developed between Mr. Metroken and the Commission on uses predating his purchase of the land in question at the preservation of green belts in alternate locations for industrial development. Mr. Don Egelus of Shelikof Net Company testified in FAVOR of the proposed rezonings. Mrs. McBride, owner of Lot 1-a Shahafka Acres, stated Tract S-1 is not presently used for industrial storage. She asked if an environmental impact statement is required for streams to avoid pollutants and what affect would the proposal have on residential property values. Mr. Pugh asked if she would object to a green belt. Mr. Dale Horton, a representative of the Kodiak Bible Chapel, read a letter;of-opposition into the record. Mr. Ball asked if Mr. Horton is opposed to development of Tract S-1. Mr. Horton responded "yes". Mr. Ben Ballenger, owner of Lots 6 and 6A Shahafka Acres, objected to the rezoning of Tract S-1. He stated that there were substantial traffic conflicts with school children along Island Lake Road and Cove Drive. Mr. Richard Carr, owner of Lot 8 Shahafka Acres, stated that he bought his property with the knowledge of the back plat located on Tract 2, but objected to the rezoning of Tract S-1, but not the other properties. Mr. Ian Fulp, owner of Lot 9, Shahafka Acres, immediately adjacent to Tract S-2 was opposed to the rezoning of Tracts S-1 and S-2. He stated he drives the Island Lake Road on a daily basis and that the road cannot handle industrial traffic. There are children that go to school at St. Mary's, at East and at the Bible Chapel utilized the roads going to school and that the conflicts with industrial traffic would not be in their best interest. He stated he left a buffer on his property, put no windows on the side of his house adjacent to Tract S-2. He would like to see a buffer strip between Tracts S-1 and S-2 and the adjacent residential developed properties. He stated that Mr. Brechan had told him that he plans to put a camper park on Tract S-1. He stated that presently there is a small swamp and lake between his property and Tracts S-1 and S-2 and that acts as a buffer strip between his property and the Brechan property. He suggested that a greenbelt be provided to serve as both a noise and visual barrier between the Brechan properties and his own. Discussion developed between Mr. Fulp and the Commission as to how Tracts S-1 and S-2 should be developed. KIBS273055 P & Z MINUTES, JULY 26, 1978 Page 3 Mrs. Jack Frederickson owner of Lot 5A, Block I presented letters from a Mrs. Ray and Mr. & Mrs. Steven Treston owners of Lot 1B Block 1 objecting to the proposal. Mrs. Frederickson stated that she moved in the area in 1961 and was the first resident to live out there. She is opposed to industrial development in the area. She stated the intersection of Cove Drive and Island Lake Road is a school bus stop. Cove Drive is maintained by the residents who live along Cove Drive and Shahafka Acres. She stated she would accept light industrial on Tract S-1 with a residential buffer and access to Tract 1 via Tract S-2. Mrs. Barbara Metroken stated that the pond is being filled in on Tract 2 and doesn't think that a permit has been applied for. She is opposed to the proposed rezoning of Tract S-1 and S-2. Mr. Carl Erickson owner of Lot 1 Block 1 was opposed to the rezoning of Tract S-1. He has been a resident of the area since 1971. There being no further testimony, Chairman Anderson closed the public hearings Mr. Ball stated that he would like to see TractS-1 set in abeyance for awhile for further study until a more clear determination as to what the future use of Tract 1 should be. He asked for comments from the commission. Mr. Pugh stated that before commenting he would like to hear from Mr. Iani as to what Brechan Enterprises feelings would be on deleting or setting aside consider- ation of Tract 1 at this time. Mr. Iani stated that Brechan Enterprises was primarily concerned with the rezoning of Tract S2 moreso than the rezoning of Tract S1. He stated that it always ultimately been the intention of Brechan Enterprise to sell off Tract S-1 for residential development. He stated that if it is the wish of the Commission, Brechan Enterprises would not object to having Tracts S-1 withdrawn from further consideration. He agreed to set up a meeting between Mr. Fulp, Mr. Carr and Mr. Brechan to further discuss Brechan Enterprises plans for development of Tracts S-1 and S-2. It was moved by Mr. Pugh and seconded by Mr. Ball to rezone from Unclassified to Industrial Tract S-4 USS 3218 requested by Mr. Russell Welborn. Motion carried 4-2 with Mr. Erwin and Mr. Baker casting NO votes. It was moved by Mr. Pugh and seconded by Mr. Ball that the Commission recommend rezoning of Lots 1 Block 1 Tract M USS 3218 from Unclassified to Industrial requested by Alagnak, Inc. Motion carried 4 - 2 with Mr. Baker and Mr. Erwin casting NO votes. It was moved by Mr. Pugh and seconded by Mr. Perez that the Commission recommend rezoning of Lot 2 Block 1 Tract M USS 3218, from Unclassified to Industrial requested by Mr. Leroy Wittich. Motion carried 4 - 2 with Mr. Erwin and Mr. Baker casting NO votes. It was moved by Mr. Pugh and seconded by Mr. Perez that the Commission recommend rezoning of Tract S-2 and deny rezoning of Tract S-1 USS 3218 from Unclassified to Industrial as requested by Brechan Enterprises. Motion carried 4-2 with Mr. Erwin and Mr. Baker casting NO votes. Chairman Anderson announced that the Planning Commission had recommended the rezoning of all the parcels requested with the exception of Tract S-1 from Unclassified to Industrial. The Chairman introduced Case Z-78-063 a request for rezoning Lots 2, 3, 3A 16 and 17 USS 2873 from R-1 to R-2 requested by Mrs. Carolyn Floyd. Mr. Milligan made the staff presentation based upon the staff memorandum which had been prepared, analyzing this request for rezoning. At the conclusion of his presentation, Chairman Anderson opened the public hearing and asked for Mrs. Carolyn Floyd to come forward. Mrs. Floyd explained the reason and justification for this request. She stated that they had finished a building this past February and had gotten a building permit issued in May of 1977 for a duplex. She said that the area contains six lots and five buildings of which 3 of the buildings are duplexes. An extensive discussion developed between the Commission and Mrs. Floyd concerning the rezoning of this property, the area and its present development. The Commission discussed the possibility of expanding the area under consideration as the property petitioned was to small for a rezoning and would constitute a spot zone. It was moved by Mr. Pugh and seconded by Mr. Ball postpone consider- ation of rezoning of Lots 2, 3, 3A 16 and 17 USS 2873 from R-1 to R-2, at this time and to hold a work session to consider expanding the area. Motion passed by unanimous roll call vote. KIBS273056 P & Z MINUTES, JULY 26, 1978 Page 4 Chairman Anderson introduced Case Z-78-061, a request for a variance to permit construction of an additional building to house a manager's quarters, laundry room, office and recreation room at Spruce Manor Apartments, requested by Mr. C. A. Poythress. Mr. Milligan made the staff presentation based upon a memorandum prepared by the Planning Department analyzing the requested variance. Chairman Anderson then opened the public hearing and asked Mr. Poythress to come forward and present his requested variance. Mr. Poythress stated that there are presently 31 units in the project and that there is 1 parking space for each of the 31 guest rooms plus 3 extra guest parking spaces. Of the 31 units, presently the occupants of 14 of those units have no cars. He stated that it was their intent to build the new building to house a laundry room, an office,:.a recreation room and quarters for the manager. The existing laundry room and office are located in the basement of one of the buildings. And this would allow the conversion of that space for storage purposes. He stated that new building would enhance the site and would not interfere with any existing parking. Mr. Perez asked if Mr. Poythress was aware that he was over built on the site. Mr. Poythress answered "yes, it was over built but that he felt that the additional construction further enhance the appearance of the area. Mr. Perez asked what Mr. Poythress intended to to with existing space in the building if the variance was granted. Mr. Poythress responded that the one apartment that the manager uses now would remain an area for storage would be taken up by the existing laundry room and office as that space is presently located in the basement and was not feasible for additional apartments. Following a lengthy discussion between Mr. Poythress and the Commission concerning the existing site and its future intentions, the public hearing was closed. It was moved by Mr. Pugh and seconded by Mr. Baker to grant the variance request for construction of an additional building to house a manager's quarters, laundry room, office and recreation room at the Spruce Manor Apartments, requested by Mr. Poythress. The variance was denied by a vote of 1 YES and 5 NO, with Mr. Anderson, Mr. Ball, Mr. Erwin, Mr. Perez and Mr. Baker voting NO. Next Chairman Anderson introduce Case L-78-001, a request for a borrow site lease submitted by Felton Construction Company for Tract B-1 Bells Flats Alaska Subdivision. Mr. Milligan made the staff presentation based on a memorandum prepared by the Planning Department analyzing the application. Following his presentation Mr. Joseph Spring of Felton Construction came forward and explained the reasons why Felton Construction Company was submitting this new borrow site lease application. Mr. Spring explained he had worked closely with the Staff, Mr. Tubbs, Mr. Marmaduke in preparing all of the required data for the Planning Commissions review. He explained that the Felton Construction Company lease on Tract B-1 was due to expire on the 26th of July and that they were caught in the bind of a change in regulations between former Borough land disposal regulations and those presently contained in Title 18. He also explained that while the Borough Assembly in adopting new regulations for the lease and disposal of the land had retained the former provisions of the code dealing with Borough site lease and there were some problems between the old and the new regulations and his company was caught right in the middle of this change. An extensive discussion followed between Mr. Spring and members of the Commission concerning Felton Construction proposed use of the land and the length of time that they would be utilizing the land. Mr. Spring explained the intent of, at this point of only applying for a 3 year lease which he felt would adequately cover the time necessary for preparation of new regulations at which point they would submit a subsequent new lease application under whatever new regulations the Borough has adopted. It was moved by Mr. Pugh and seconded by Mr. Perez that the Planning Commission i recommend to the Borough Assembly that the Borough Assembly a new lease to j Felton Construction Company on Tract B-1 Bells Flats Alaska Subdivision for a period of 3 years. Motion passed by unanimous roll call vote. KIBS273057 Next was an appearance by Mr. Don Henderson of the Kodiak Development Company requesting a temporary waiver of Item 8 in Kodiak Island Borough Assembly Resolution # 28-77 which dealt with the requirements for occupancy of the Alderwood Townhouse Subdivision. Mr. Henderson explained that there had been numerous problems with the completion of the offsite sewer system required for completion prior to occupancy of the Alderwood Townhouse Development. He explained that under their present financial situation that it was not finan- cially feasable to repair and place into operation that offsite line at this time. Thus he was seeking from the Planning and Zoning Commission a recommendation that the Borough Assembly waive the completion of that offsite system prior to occupancy and that they approve for a 2 year periodrtemporary P & Z MINUTES, JULY 26, 1978 Page 5 line running from Phase I of the Alderwood Development and tieing into the Baranoff Heights Subdivision Line immediately behind the Phase I portion of the project. He explained he had met with the City Engineer, City Manager and other affected City. Staff and also he had appeared before the City Council in a work session to discuss his problem and that while the Council had looked favorably upon his requested alternate route for his sewer system, they could not approve it until the regular meeting scheduled for tomorrow night. After an extensive discussion between Mr. Henderson and the Commission concerning the Alderwood Development, its ultimate completion and the necessary offsite improvements. Mr. Ball moved and Mr. Perez seconded the motion that the Planning and Zoning Commission recommed to the Borough Assembly that they waive Item 8 of Resolution 28-77-R for a period of two years in order to allow the occupancy of Phase I of the Alderwood Townhouse Subdivision Development. Motion passed.by unanimous roll call vote. AUDIENCE PARTICIPATION Mr. Ed Jack appeared before the Commission requesting the Commission consider initiating rezoning a portion of USS 3098 owned by Kodiak Island Borough. The parcel to be considered would basically run from the boundary line of USS 3098 parallel to Mill Bay Road to a depth of approximately 400 feet or along the top of the bridge line above the Municipal Airport. He explained that the land is presently owned by Kodiak Island Borough and that it is demonstrated during the earlier public hearings on rezoning from unclassified to industrial. There is a substantial need for industrially zoned land in this area. Following an extensive discussion of the need and justification for considering rezoning in this area it was moved by Mr. Ball and seconded by Mr. Pugh that the Commission initiate rezoning a portion of USS 3098 from Service Recreational to Industrial and that this matter be scheduled for public hearing before the Planning and Zoning Commission during their regular meeting on August 16, 1978 ADJOURNMENT The Chairman adjourned the meeting at approximately 12:30 a.m. on July 27, 1978. APPROVED i ATTEST �� : _ f/ii KIBS273058