1978-05-17 Regular Meetingr
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KODIAK ISLAND BOROUGH P & Z COMMISSION MEETING
MAY 17, 1978, at 7:30 P. M.
I. CALL TO ORDER
The Chairman, Mr. Dan Busch called the P & Z Commission meeting to order on
May 17, 1978, at 7:30 p. m. in the Borough Assembly Chambers.
II. ROLL CALL
PRESENT
Mr. Dan Busch, Chairman
Mr. Ron Ball
Mr. Phil Anderson
Mr. Gene Erwin
Mr. Tony Perez
Mr. John Pugh
ABSENT
Mr. Don Baker, excused
A quorum was established. Also present were Mr. Harry Milligan and Mr.
Lutena Mulitalo. There were approximately 30 citizens in the audience.
III. UNFINISHED BUSINESS
Subdivision of 56.4 acres parcel within USS 1671 Spruce Island Tract A, into
37 lots (Edward Opheim).
Mr. Mulitalo informed the Commission that Mr. Opheim was requesting a postpone-
ment of his subdivision, to be submitted at a later date.
A. PUBLIC HEARINGS
Subdivision of Tract E. USS 16781 10.67 acres, 4 lots (Ron Doubt). The
Chairman stated that the Commission had tabled action on the proposed
subdivision at the P & Z Meeting of October 19, 1977. Mr. Ball moved to
to remove from the table the proposed subdivision. Mr. Pugh seconded
the motion. Motion passed with unanimous roll call vote. The Chairman,
opened the Public Hearing. No one appeared to testify.
Following some discussion, Mr. Anderson moved to grant conceptual approval
to Subdivision of Tract E USS 1678 with conditions that a 40' section is
dedicated roaUway and that Lot 3, Block 2, be.replatted. Mr. Ball seconded the
motion. Motion passed with unanimous roll call vote.
2. Subdivision of Lot 8. Block 5, Miller Point AK Subdivision, 2.023 acres
2 lots, Q . Toderick). Staff recommends approval, as subdivision meets
all requirements of KIB Code of Ordinances. The Chairman opened the
Public Hearing.
Mr. Emil Norton lives directly across the street stated that a Mr. Kessler,
also a neighbor has water rights which is recorded Division of Lands. Also
if property is subdivided into I acre lots, one of the lots would be swampy,
If fill is placed in the swampy area, care should be taken as not to
destroy water rights.
Public hearing closed. Following a lengthy discussion, Mr. Ball moved to
approve the subdivision of Lot 8, Block 5, Miller Point AK Subdivision into two
lots of 44,000 sq.ft"., each and it- must show on the plat all water rights
to adjacent property must be protected. Mr. Perez seconded the motion.
Motion failed 3-3. with Mr. Pugh. Mr. Erwin and Mr. Anderson casting NO votes.
Mr. Pugh moved to deny the request of the proposed subdivision of Lot 8,
Block 5, Miller Point AK Subdivision on the grounds that there is no
stipulations or no approval from the State Sanitarian, at this point. A
water rights of the surrounding residents and a description of how they
be protected that it be shown on the plat for the future use of water in
that area. Mr. Anderson seconded the motion. Motion passed with unani-
mous roll call vote.
3. Subdivision of Lot 6 A, Block 1, Miller Point AK Subdivision 2.292 acres
2 lots, (Peter & Jan Danelski).
Mr. Mulitalo stated that Staff recommends approval with stipulations: 1) that
the width of the back lot line of Lot 6 A-1 be shown and location setback
on existing structures be indicated. The plat complies with KIB Code of
Ordinances.
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P & Z continued
Page 2
The Chairman opened the Public Hearing. No one appeared to testify.
Following some discussion, Mr. Pugh moved to approve the subdivision of
Lot 6 A, Block 1, Miller Point AK Subdivision with the stipulations outline
by the Staff. Mr. Perez seconded the motion. Motion carried 5-1 with Mr.
Anderson casting NO vote.
4. Subdivision of Lot 4, Block 3, Miller Point Ak Subdivision, 4.02 acres,
3 lots, (Dave Lorring & Ray Tufts).
Mr. Mulitalo stated that Staff recommends preliminary approval with the
following stipulations: 1) the distance between the main dwelling and
accessory building be indicated; 2) the square footage of unidentified
lot be indicated and 3) unidentified lot be identified.
The Chairman opened the Public Hearing. No one appeared to testify.
Mr. Pugh moved to grant approval of Subdivision of Lot 4, Block 3, Miller
Point with the stipulations as outlined by the Staff. Mr. Perez seconded
the motion.. Motion passed with unanimous roll call vote.
5. Vacation of Lots 14 & 15, Block 2 and Replat to Lots 14 A. 14 B, 14 C, 14 D,
and 14 E, Block 2, Monashka Bay Subdivision, 5.16 acres, 5 lots (D. Erdman).
Mr. Mulitalo stated that the configuration of the property is not practical.
Staff recommends denial of the subdivision. The Chairman opened the
Public Hearing.
MR. DAVE HERRNSTEEN, Lives on Lot 13. Mr. Herrnsteen indicates there is
more water on Lot 14 than indicated.
MR. RON CILASE, indicates that he has water rights.
The Chairman closed the Public Hearing and reopened the regular meeting.
Mr. Pugh moved to deny preliminary approval of Vacation of Lots 14 & 15,
Block 2 and replat to Lots 14 A, 14 B, 14 C, 14 D and 14 E, Block 2 Mon-
ashl:a Say AK Subdivision, 5 lots, D. Erdman due to: 1) No approval from
D.E.C.; 2) no safeguards to protect water supply of adjacent properties;
3) some proposed lots are largely water;, and 4) Lot 14 may not be
developable. Mr. Erwin seconded the motion. Motion passed with unanimous
roll call vote.
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6. Subdivision of an unsubdivided portion of USS 1396 Elderberry Heights
Subdivision 7.301 acres, 23 lots (Lenhart Grothe)
In the analysis, Mr. Milligan stated that the marshy areas serve to hold water
for release during dry periods into Beaver Lake which in turn feeds into
Dark and Island Lakes. Disturbance of this sensitive area through fill
activities and building development could cause siltation of these lakes
and also affect the future water level of Beaver Lake. Mr. Milligan also
stated that the property is located downstream from the lower reservoir
and appears to be located within the flood plain described in the U.S.Army
Corps of Engineer's Special Flood hazard Report for Lake Bttinger. The
City Engineer advises that the sewer line which bisects this property has
not been accepted by the City for operation and maintenance, however it
should be accepted prior to any building development within this proposed
subdivision.
The Chairman closed the regular meeting and opened the Public Hearing.
MR. BRUCE MASSEY: Tor. Massey stated that he plans to construct zero lot
line duplexes, i.e.,where an individual owns half of the building and they
also own half of the lot the building sits on.
PLC. LENHART GROTHE: Mr. Grothe stated that the lot ranges in size from
13,000 up to 25,000 sq. ft.
MR. IVAN wIDOM: City Manager that as development increases and pressure is
placed on the City to take over utilities and services, it creates an undue
burden on the City.
!j MR. LENHART GROTHE: Mr. Grothe stated that the dedication of the road, as
shown on the map will be done when the sewer and water line and underground
utilities are in and completed.
Mr. Anderson moved to grant conceptual approval on Block 1 & 2 as platted
with stipulations that the sewer and water be approved by the City before
any occupancy of the buildings. Also that Block 1 be restricted to single
family dwellings because of the water course in the small lakes. That the
road- Seleif Street be built to Borough or City Standards and be de i� cated
prior to any occupancy. Mr. Perez seconded the motion.
Mr. Widom stated that the City would like to have t e and dedicated with
the approval of P & Z, to the City of Kodiak.
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Page 3
Mr. Anderson amendedthemotion to read as follows "To dedicated street
from Alderwood Subdivision to the end of Block 1 & 2 including the cul
de sac, with inspection rights to the City to inspect the ^oad, sewer and
water lines. Mr. Anderson's main motion should reflect ''to City standards
instead of Borough or City standards". Mr. Perez approved amendment:
Motion passed with unanimous roll call vote.
B. . ZONING
l 1. Special Exception for duplex townhouses in an unsubdivided portion of
l USS 1396, elderberry Heights (portion) 2.083 acres, 10 lots. (L. Grothe).
Mr. Milligan stated that duplex town houses or zero lot line development
is a new concept. Under this concept the individual owns half of the
nc:�elling unit anc half of the lot the building sits on. It does not change
the cliaracter in terms of uses allowed in zoning district. Also it
does .ot allow a greater density.
The Chairman closed the regular meeting and opened the Public Hearing.
MR. TRUCE MASSEY 'Unlike a condominium, there is no home owners agreement.
Each unit has a strong conveyance and is enforceable by the neighbor. All
utilities will be underground an each unit..
MR. MIKE SHOCKLEY: Local housing contractor stated that the main problem
in T,odiak in building and development is land, sewer and water.
The Chairman closed the Public Nearing and opened the regular meeting.
Mr. Ball moved to grant a special exception for duplex townhouses in an
unsubdivided portion of USS 1395, known as Elderberry Heights and grant a
variance from required Section 16.20.050 and 17.12.030 of .'IB Code of
Ordinances. Also the following 4 conditions to meet the variance: The
intended use will provide two advantages to the community, 1. (B),Aeduction
in cost to the buyer as a decided advantage, (B)_It will not change the
�r— appearance, permitted density or characteristic of the; -neighborhood.
Ill 2. No hardships would be created or adverse effects be i*nposed upon the
surrounding area. 3. We find no detrimental or prejudicial impacts will
result from granting this variance. 4. Granting this variance will not
be inconsistent with the Comprehensive Plan as the densities allowed will
not change. Mr. :'ugh seconded the motion. Motion passed :with unanimous
roll call vote.
2. Variance to permit more than one principal dwelling structure in an 7-3
(multiple family) zoning use district, Lot 1, Block. 1, Killarney }fills
Subdivision, 4 structures, 2.48 acres (Forest Investmentl - Mr. Milligan
stated that the applicant has adequately met the variance requirements as
set forth in Section 17.66.090 (b) of the KIB Zoning Ordiance.
The Chairman closed the regular meeting and -opened the Public Hearing.
FOR -
MR. G_;NEKIZER Architect for the development, stated that the project
meets the criteria set up by Farmers Home Administration. Mr. :,izer also
stated that when the project is completed it will add up to in excess of
$2,000;000 to the tax base. Even though it is financed by FHA it is still
a tax paying project.
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AGAINST
MRS. HENRY MEUNIER. Owns property in Killarney Hills and questioned the
adequacy of water and sewer lines to service this development and 3 s'chools.
Mrs. Meunier also stated that at the time of purchase property owners in
in Killarney Hills Subdivision received a copy of a covenant from the
Archdiocese in Anchora-e.
MR. TOM CURLY. Mr. Curly lives on Lot 2 and is concerned with the following:
parking, traffic flow, taxes and low income housing.
FATTIER BATES. Present pastor of St. Mary's and was not aware of the cov-
enant
MR. HENRY MEUNIER. Feels the Church was trying to enforce the covenant.
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P & Z continued Page 4
MR. DEAN MORGAN. Stated that he was not aware of the covenant.
The Chairman closed the Public Hearing and opened the regular meeting.
Mr. 'ugh moved to postpone any c'_ecision on this case until such time the
Commission gets a report from the Planning Department as to the status of
the covenanon this property. Mr. Anderson seconded the motion.
Motion passed 5 to 1 with Mr. Busch casting i710 vote.
The Chairman recessed the meeting at 11:15 p.m. to be continued on May
18, 1978, at 7:30 p.m.
I. CALL TO ORDER
The continuation of the regular meeting of May 17, 1978, of the P & Z
Commission was brought ,to order on May 18, 1978, at 7:30 p.m. by the
Chairman. h:r. Dan. usch.
II. ROLL CALL
PRESENT
Mr. Dan Busch, Chairman
Mr. Phil Anderson
Mr. Ron Ball
Mr. Gene Erwin
Mr. Tony Perez
Mr. John Pugh
Mr. Don Baker.
Quorum was established. There were approximately 63 citizesn in the audience.
III. PUBLIC HEARINGS.
B. ZONINGS
1. Rezone from Unclassified to Business, Lots 3A, 3B; 4A, 4B, Block 1; Lots
2, 3 A, 3 B, Block 2; Lots l & 2, Block 3; Lots 2 & 5; Block 5; Lots 4 & 5
Block 7, Miller Point AIL Subdivision, (Majdic-Hayes-Sharratt-Welborn-Urie
Cessna).
In suyaarizing the application Staff finds the request is 1) not consistent
with the proposed land use plan, 2) is not consistent with the 1968 Comp-
rehensive Plan, 3) the area under consideration is excessive and 4) no
development plans have been submitted; nor has any statement or justification
for this change been presented.
The Chairman closed the regular meeting and opened the Public Hearing.
No one appeared to testify in favor of this request.
AGAINST
MR. JOHN WITTEVEEN, owner and occupant of Lot 2A, Block 1 is opposed. Mr.
Witteveen also read letters opposing the request from the following:
Jim & Judy Richardson, Lot 1, Block 5, Miller Point Subdivision,
Mr. Peter Danelski, Lot 6 A, Block 1, Miller Point Subdivision,.
Mr. Peter Resoff, Lot 3, Cliffside Loop;Road,
Mr. Carol Kessler, Lot 7, Cliffside Loop Road,
Mr. & Mrs. Emil Norton, opposed,
Mr. & Mrs. Vernon Berns opposing to the request via a letter.
Mr. Anderson moved to disapprove the rezoning, from Unclassified to Business,
Lots 3A, 3B,4A & 4B, Block 1, Lots 2, 3A, 3B, Block 2, Lots 1 & 2 Block 3,
Lots 2 & 5, Block 5, Lots 4 & 5, Block 7, Miller Point Ak Subdivision,
r (Majdic- Mayes-Sharratt-Welborn-Urie-Cessna). Mr. Erwin seconded the motion.
Motion passed with unanimous roll call vote.
2. Rezone from Unclassified to R-3, Lot 18, Block 2. Russell Estates 2nd
Addition, (Gerald Gudenau).
Mr. Mulitalo stated that Staff does not have any recommendations but did
offer the following 3 options: 1) rezone to R-3 would not affect property
owners adjacent to the lot, 2) deny the request and 3) wait for adoption
adoption of the Comprehensive Plan.
The Chairman closed the regular meeting and opened the Public Hearing.
Mr. Mulitalo read a letter of approval from property owners in Russells
Estates 2nd Addition, was read into the record.
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:' & Z continued Hay 13, 197"
Page 5
I2, GERALD GUIDENAU. ;-;ould appreciate his lot be rezoned.to R=3.
MR. ",O%1A�I '_,L?:MZACK. Ile feels there is confusions regarding zoning.
MR. ?v'TCi: SZABO. Questioned the confusion regarding zoning.
The Chairman closed the Public Hearing and opened the regular meeting.
Mr. Ball moved to rezone from Unclassified to R-3..Lot 18, Flock 2,
Russell Estates 2nd Addition. Mr. Anderson seconded the motion. Motio
passed-6-YESr_Vbtes. Mr. Baker refrained from casting a vote as he is a
property owner living within the regpested application.
3. Rezone from Unclassified to Business, Lots 3 & 4, Block 3, Miller Point
AK Subdivision First Addition, (G. Furin).
Following the Staff report the Chairman closed the regular meeting and
opened the Public Hearing in favor of the request.
MR. ROBERT LEGGETT: Mr. Leggett request's a zoning change to allow the
development of a mini -storage facility. Mr. Leggett also stated that the
development would createa minimal adverse impact on present and anticipated
surrounding uses; the initial development would lae capable of functioning
independent of public water and sewer until available.
Mr. Pugh moved to postpone any action of this particular item until after
the adoption of the new Comprehensive Plan. Mr. Perez seconded the r9tion.
Motion passed 6-Yes votes. fir. Erwin declined to vote as he is a property
owner within the area.
4. Rezone from Industrial Reserve to Unclassified Tracts A & B, "cells Flats
AK Subdivision (Residents and property owners).
Following the staff report, Mr. Muiitalo read into the record letters from
the following:
MR. DEWITT FIELDS Member of Kodiak Livestock Coop, strongly recommends
area remain industrial.
MIARLES JOHNSON, Member of Kodiak Livestock Coop, objects to rezoning.
SONS BURTON. Opposed. Presented petition on April 6, 1978.
MARLENE'IKASSON. Supports therrezoning.
UILLIAM FEARN. Supports the rezoning.
TOM & MARY GALLAGHER. Opposed to rezoning.
BRECHAN ENTERPRISES. By changing the zoning, gravel supply would severely
be impacted in Kodiak.
The Chairman closed the regular meeting and opened the Public hearing, in
favor of the request.
MI:. BILL WILLIAMS is a resident of the area.. altho not within 300'. Objects
to industrial use as it is close to prime salmon streams; also is concerned
with the safety of the children in the area.
MR. GLENN MATHIS, is the owner of Lot 17, Block 7, opposed to trucks in
residential area. He also discussed pollution and the inability to clear title.
MR. VINCE SMITH questioned the area as being open range for cattle.
MR. KENT CARR lives on Lot 13 E, Bells Flats,supports Mr. Williams statements.
MS. BEATRICE GEDDIS, Objects to gravel removal near salmon streams. Also
objects to big vans and chuckholes in the area.
aR. TOM LOGAN stated that he would like to voice object on behalf of the
population of the Borough which incorporates 98% of the population.
MR. ROYAL LARGE presented letters in opposition of this request and;Mr. Pugh
read the letters from the following: Kodiak Seafood Processors -Jeff Johnson;
Rodiak Chamber of Commerce -Tiny Boyer; Kodiak Retailers Association -Jenny
Lavigne; Kodiak King Crab, Inc., Steven Howell.
A petition signed by 70 people opposing the proposed rezoning stating indust-
rial sites are in short supply
MR. BARRY STILL stated that no alternative sites have been provided for
source of productr which: provides asphalt, rock etc.
The Chairman closed the Public Hearing and opened the regular meeting.
During the lengthy discussion, the Commission was in agreeance that 1) the
request was not submitted by the owners 2) there is a need for the land
as it is presently zoned and being used, 3) the rezoning of this land
without extensive review by the Commission and the Assembly would be premature.
Mr. Anderson moved to recommend to the Borough 'Assembly not to rezone Tract
B. containing Lots B1, B2,B3, B4, B5 and all of Tract A containing Lots Ti
P P P P P P7-A, P7-B and P3, Bells Flats Subdivision from Industrial
, , , , ,
Reserve to Unc assitied. Mr. Ball seconded the motion. Motion passed with
unanimous roll call vote.
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P & Z continued, May 18, 1978
IV. AUDIENCE COMMENTS
Page 6
MR. GENE KIZER, Forest Investment Company, stated that the Company is not
aware of a covenan Mr. Kizer presented to the Commission a deed and title
insurance relative to this property and there is no reference to a covenan
MR. ALAN BEARDSLEY accepts the fact the covenan was not recorded at the
courthouse. Mr. Beardsley also stated that before property was purchased,
they were made aware of a binding covenant. on these lots.
Mr. Anderson moved to give preliminary approval to the variance on Lot 1
Block 1 of Killarney Hills with stipulations Staff had presented. Mr.
Ball seconded the motion.
alr. Anderson amend his motion to read as follows, :Qr. Anderson moved to
grant approval of Lot 1, Block '.- '-illarney Hills ;'u'Ddivision with the
stipulations of provisions made by`the tiff.
Following a Iengthy discussion Mr.3al1 �iithdrew his second's and 'ir.
Anderson withdrew his motions.
The Chairman recessed the meeting at 11:30 p. m. to be continued on May 22, 1978.
at 7:30 p. m.
I. CALL TO ORDER
The continuation of the regular meeting of May 17 and May 18, 1978, of the
P & Z Commission was brought to order on lelay 22, 1978, at 7:30 p.m. by the
Chairman Mr. 'Busch, in the Borough Assembly Chambers.
II. ROLL CALL
PRESENT
Mr. Dan Busch, Chairman
Mr. Phil Anderson
Mr. Gene Erwin
Mr. Tony Perez
Mr. Don Baker
Mr. Ron Ball, arrived 8:30 p.m.
III. MINUTES
Mr. John ?ugh moved to approve the minutes of March 15th and 16th, April 19th,
20th, and 26th. Mr. i'erez seconded, the motion. Motion passed with unanimous
roll call vote.
IV. PUBLIC HEARING
4. Final Subdivision Plat for Karluk R development Plan.
In the staff report Mr. Milligan stated that:t}ib following Tracts be designated
as: Tract A -sewer processing operation; .tract school site; Tract C-
village commercial uses and office site for Village of KArlui: 'Native Association.
Tract D & E are being held for public use. The approved final is basically
consistent with the preliminary. Staff recommends approval of the final plat.
Schedule is as follows: foundation, to be laid in July; housing units sometime
in August; occupancy sometime late in the fall regardless of electricity or
sewer. Following some discussion Mr. Anderson moved to approve the final
plat for the Karluk Subdivision. Mr. Pugh seconded the motion. Motion passed
with unanimous roll call vote.
B. Variance to permit more than one principal dwelling structure in an R-3 (multiple
family) zoning use district, Lot 1, Block 1, Killarney Hills Subdivision, 4
structures, 2.48 acres (Forest Investment Company).
Mr. Anderson moved to take action on Forest Investment request for a variance.
Mr. Ball seconded the motion. :lotion passed with unanimous roll call vote.
MR. ALLAN BEARDSLEY, stated that the residents of Killarney Hills Subdivision
had retained an attorney and it is their intent to sue. Mr. Beardsley also
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P & Z continued
Page 7
stated that the property owners were given a covenant regardless of whether
the covenant was recorded.
Mr. Anderson moved to grant a variance to Lot 1, Block 1, Killarney Hills
Subdivision 4 buildings instead of 1 with the following stipulations:
1. Fence along Murphy Way and between Lots 1 & 2 of Killarney Bills Subdivision
and 40' along Mill Bay Road and south along Mill Bay Road between Murphy day;
2. Temporary walkway be constructed and maintained while Phase I is being
constructed.
3. Permanent walkway to be constructed and maintained after Phase II is
constructed.
4. One and one half (1�) parking spaces be provided per unit after Phase II
5. Building locations as shown on the
6. Additional parking if time lag in construction.
7. Parking spaces to be 9' by 20'.
S. Building setback variance 4' on Building #1 and 7' on Building #2
9. Landscaping to be completed with each phase or completion as noted on the map.
10. Pence between the border of the Community College and this project; Lot 1
Killarney Bills Subdivision ,after Phase II.
11. Site drainage be worked out with the City of Kodiak.
Mr.Ball seconded the motion. Motion passed with unanimous roll call vote
V. AUDIENCE COMMENTS - None
VI. COMMUNICATIONS
Variance on Lot 30, Block 19 of. Kodiak Townsite.
Request from Mr. -Helmut Opolka to repair and place permanent foundation on
an apartment building was requested in September of last year. In a
letter dated Parch 29, 1973, Mr. Opolk.a is requesting an extension.
Mr. Anderson moved to grant a 6 month extension for a variance on Lot 30,
Block 19 of Kodiak Townsite. Mr. Erwin seconded the motion. Motion
passed with unanimous roll call vote.
CHAIRMAN'S REPORT
Mr. Busch requested the Borough Engineer to check the statutes on leases.
PLANNINF DIRECTOR
Fish and Game has advised the Planning Department that Beaver Lake is a
spawning area. Mr. Milligan also stated that KIB has issued contracts and
project is near completion pending approval of the plat which Commission
app-oved for final of Karluk Redevelopment Plan.
VII. ADJOURNMENT
The Chairman adjourned the meeting at 9:30 p.m.
APPROVED
Xl
ATTES ATTEST; _.,; : L
Chairman
cre
KIBS273041