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
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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
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