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1978-04-19 Regular Meeting`ODIAK.ISLAND BOROUGH PLANNING & 70HING CO'1!1IS' IO°J ;,:STING OF APRIL 19, 1978 CALL TO ORDER I. The Chairman Mr. Busch called the meeting to order on April 19, 1978, at 7:50 p.m. in the Borough Assembly Chambers. II. ROLL CALL PRESENT ABSENT Mr. Ball Mr. Ander•sun, excused Mr. Erwin Mr. Perez Mr. Pugh Mr. Baker Mr. Busch A quorum was established. There were approximately 20 citizens in the audience. II. UNFINISHED BUSINESS 1. Special exception for natural resource extraction. Lots 1 & 2, Blk. 6, Miller Point Ak. Subd. and Lots 1 & 2 Blk. 10 Miller Point, 1st Add., (John Eufemio) and Lots 9 & 10, of USS3464 (Hartmut Reinmitz). The Chairman read a letter from Hr. H. L. Scurlock, representing the petitioners, requesting a postponement of approx- imately thirty (30) days, to allow the, additional time to respond to the recommend- ations of the Planning Department. Mr. Pugh moved to postpone action of the request for thirty days of Lots 1 & 2, Blk. 10 fliller Point lst Add. John Eufemio and Lots 9 & 10 of USSnut Reis^,t7�-�tr. Perez seconded the motion. Motion passed witn unanimous roll call vote. IV. PUBLIC HEARINGS 1. Subdivision of Lot 4, Blk. 7, Bells Flats Ak. Subd. (Herbert Stickney). In presenting the staff report, Mr. ilarmaduke, read a letter from 11r. & Mrs. John Randolph stating there are not opposed to the request. The Chairman opened the public heari�g. HARRY CARTER i Executive Director of the Bells Flats Village Corporation, wants the Frecord to reflect that the corporation protests the proposed subdivision and any other proposal that relates to land in the Bells Flats area, which have not yet been patented to the State of Alaska and therefore are illegal transfers. The Corporation objects to any decisions made by the P & Z or the Borough until the issue of land ownership has been resolved. Chairman Busch closed the public hearing. Mr. Ball moved to approve the subdivision of Lot 4 Blk 7 Bells Flats Ak Subd. i•1r. Perez seconded the motion. notion passed with 4 yes _and _2 0 S with (4r. Erwin and Mr. Pugh casting NO votes. 2. Subd. of Tract H. USS 1396 (Leroy Russell) Following the staff report, the Chairman opened the public hearing. No one appeared to testify. During the discussion, Mr. Milligan stated that the area is totally within the Flood Plain. It is immediately below a wood retaining structure on Lake Bettinger and cannot be built upon under flood restrictions unless the dwellings are raised above the potential flood level. Mr. !1illigan also stated that this is the same piece of property dropped from the original Alderwood because it was determined to be hazard- ous to the residents for recreation purposes. Mr. Ball moved 0 gyrove the subdivision of Tract H. LISS 1396 (L. Russell). Mr. Baker seconded the motion. Motion failed 3-3 with Mr. Erwin. Mr. Puah and Fir. castinQ W WtOS. 3. Vacation of Lots 27 A & B, and 10' easement, USS 3096; Replat to Lot 27 USS 3093, (Craig Bishop). Following the staff report, the Chairman opened the public hearing in favor of this request. CRAIG BISHOP stated that he is trying to get a buildable lot and didn't know the purpose or original intent of the 10'eascnrent. In the plat it is referred to a 10' wide road. Hr._PU�h„ moved to vacation of_Lots 27 A & B and the 10' easement of USS 309'1 and reel lied to Lot 27 USS 0011.�t1r. Erwin seconded the motion. Mot_ion_pessed with_ inanimous roll call vote— - ---- - KIBS273029 P & Z COMMISSION MEETING 4-19-78 continued. PAGE 2 4. Preliminary Subdivision Plat Karluk Redevelopment Plan. Mr. Milligan said that the final plat has to be approved and the property in the hands of KANA prior to July, at which time the contractors are scheduled to start with foundation. The Chairman opened the public hearing in favor of this request. ALAN PANAMAROFF: Representing the Village Council stated that the postion of the people in the village is they do not want the lots too small. HORACE SIMMONS: Executive Director of KANA Housing Authority, told the Commission that allocation has been received for 15 units and tenative allocation for 8 additional units. This has come about as a result of the disaster. Public Health and BIA have indicated there might be problems with the 10,000 sq. ft. lots, KANA Housing does not. Mr. Ball stated that he is against reducing the lot size from 10,000 to 7,200 square feet. Feels that the people and not the agencies are the ones who will live there. Mr. Pugh moved to approve the preliminary subdivision plat of the Karluk Redevelopment Plan. Mr. Perez seconded the motion. Motion passed with unanimous roll call vote. B. ZONING 1. Lease application -wrecking yard Tract A Parcel P-3 AK Subd. (Daniel J. Bayne) The Chairman opened the public hearing following the staff report and some discussion. ROYAL LARGE Inquired as to the location of the property. Bill WILLIAMS-OPPOSED- Stated that the property in question, is zoned industrial reserve, is adjacent to a residential area called unclassified and should remain industrial. Normal zoning criteria strongly advises that a buffer zone be created between any business & residential propertys or industrial & residential property. Feels that the Borough or P & Z Commission cannot approve any industrial use adjacent to a residential zone without having any buffer area. Mr. Williams referred to Chapter 17.27 and 17.27.020 (C) uses permitted. MRS. KEN MANOLOVITZ: OPPOSED. Feels that property and home values will decrease; is concerned with the safety of children and wildlife. Mr. Ball stated Mr. Bayne would like to withdraw the application as per telephone call with Mr. Marmaduke, during the hearing. The Chairman closed the public hearing. Mr. Pu h moved to deny the lease a plicaton for wreckingyard Tract A Parcel P-3, Bells Flats Ak Subd. Daniel Bayne Mr. Baker seconded the motion. Motion passed with unanimous roll call vote. 2. Home Occupation Lot 8, USS 3098, (K. D. Cobban). Following some discussion the Chairman opened the public hearing. MR. COBBAN stated that he is reaching retirement and needs a supplemental income to live in Kodiak and it is not intended to be a large scale business. The Chairman closed the public hearing. Mr. Ball moved to approve the home occupation on Lot 8, USS 3098 with staff recommend- ations excluding item #1 & #3 1 That the processing activity be confined within the applicant's home dwelling unit, 2) that no persons be employed in the business activity who are.not permanent residents within the applicants home dwelling, 3) that the business activity be confined to normal business hours, and 4 that no signs be erected advertising the business other than one non -illuminated sign of one square X__. -1--- A X1 _1-------L 1L- .....l l -Z 1L- J..-111-t._..-t..._- [J.. h L .-J-J LL- motion. motion vassea b to I witn mr. ua ker castlnq NO vote 3. Special exception for natural resources extraction, Lot 5, Blk. 5, Miller Point Ak. Subd. (Sid Urie). The Borough Engineer gave the staff report. He recommended r approval with the following stipulations: 1) that the contractor submit the name (s) and business address (es) of blasters employed at the site; 2) that the owner sign an agreement with the State for road maintenance and dust suppression; 3) that the owner sign a hold -harmless agreement with the KIB prior to construction; 4) that the contractor obtain a building permit from the KIB; 5) that the contractor sign an agreement with the Borough to replace the overburden at the end of 18 months and re -seed and stabilize the surface. The Chairman opened the public hearing. NICK SZABO feels that the P & Z Commission should not grant the special exception until approval of zoning regulations in the proposed Comprehensive Plan. KIBS273030 0- P & Z COMMISSION MEETING 4-19-78 continued Page 3 Mr. Pugh moved to rant the s ecial exce tion for natural resources extraction of Lot 5, Blk. 5, Miller Point Ak Subd., Sid Urie with stipulations as presented by the Borough Engineer and the stipulation that no more than 3,000 cubic yards of rock be removed from the site. Mr. Perez seconded the motion. Motion pass—th unanimous roll call vote. C. OTHER. 1. KIB Comprehensive Plan and its supporting elements. Mr. Milligan gave the Staff report. Mr. Busch then stated that it is the intent of the Commission to 17 develop recommendations to present to the Borough Assembly for their consideration on all of the elements of the Comprehensive Plan. The Chairman opened the public hearing. DAVE HERRNSTEEN: Feels the Comprehensive Plan is too complex for Kodiak; feels the resolution is being rushed through. The Chairman suggested Mr. Herrnsteen attend public work sessions on April 24 & 25. BILL WILLIAMS commented on rural residential. Feels life style will change, referring to the new zoning ordinance. IVAN WIDOM stated that the elements before the commission should be determined by the City not the Borough. He feels that if the City of Kodiak is going to fund projects through local taxpayers then the City of Kodiak should control their CIP, with some limitations, ie, villages. Doesn't feel that the Planning Staff, as an instrument of the Borough, in applying the Comprehensive Plan can tell the City what it can and cannot do. Regarding Study Element 7, Environmental Impact Statement, Mr. Widom and Mr. Beukers have reviewedit and it is their opinion that it is a potentially damaging document. By damaging Mr. Widom refers to the future growth of Kodiak and its support services. CAROL LECHNER: City Council, Kodiak Taxpayer and KIB Taxpayer states she is not prepared to speak tonight, but feels that the CIP is ridiculous. ROYAL LARGE feels that the Borough is going overboard trying to be all things to all people. CHRIS BILLINGS inuired about the trailer park section. RON ESCHETE' stated he is generally in favor of the Comprehensive Plan and has attended the Plan worksessions and meetings. Feels the stage development is good. The Chairman recessed the public hearing until April 19, 1978, at 7:30 p.m. The Chairman scheduled a public hearing on April 26, 1978 for final Commission review of the Plan. V. AUDIENCE COMMENTS Mr. Ed Opheim appeared to find out the status of his subdivision on Spruce Island. He was advised the Borough Assembly had denied his variances. The plat can be resubmitted at any time. The chairman requested this matter be placed on the Commission agenda for April 26, 1973. VI. ADJOURNMENT The Chairman recessed the meeting at 11:35 p.m. to reconvene on April 20, 1978, at 7:30 p.m. APPROVED e�. Chairman ATTEST KIBS273031 �ra