1978-10-04 Regular Meetingr
KODIAK ISLAND BOROUGH, Minutes for the
PLANNING & ZONING COMMISSION MEETING
OCTOBER 4, 1978, 7:30 P.M.
I CALL TO ORDER
The Planning and Zoning meeting was called to order by chairman Dan
Busch in the Borough Assembly Chambers.
II ROLL CALL
Present Absent
Mr. Dan Busch, Chairman Mr. Phil Anderson (excused)
Mr. Don Baker Mr. Ron Ball (excused)
Mr. Gene Erwin Mr. Tony Perez (excused)
Mr. John Pugh
III OLD BUSINESS
A. Borrow Site Lease for Tract P-4, Bells Flats, (Royal Large).
Mr. Large has asked for a postponement on his Borrow Site
Lease Application.
IV PUBLIC HEARINGS
1. Requesting a rezoning from Unclassified to Industrial, Tract S-4
U.S. Survey 3218, 8.56+ acres, (Mr. Russell Welborn).
2. Requesting a rezoning of Lot 2, Block 1 of Tract M, U.S. Survey
3218 from Unclassified to Industrial, (Leroy A. Wittch).
3. Requesting a rezoning of Lot 1, Block 1 of Tract M, U.S. Survey
3218 from Unclassified to Industrial, (Alagnak, Inc.).
4. Requesting a rezoning - U.S. Survey 3218, Tract S-2 from Un-
classified to Industrial, (Brechan Enterprises, Inc.).
5. Section 17.27.030, an interpretation to determine the definition
and intent of the use of the word "Highway", (Industrial Reserve
Zoning District).
The chairman introduced the above cases; Z-78-051, Z-78-059, Z-78-058,
& Z-78-060. Mr. Milligan outlined the property,.the nature of the re-
quests and the remanding action of the Borough Assembly.
Chairman Busch closed the regular meeting and opened the public
hearing on all the above.listed items: __ - :
IN FAVOR OF: The following are all those who wished to speak in favor of
the above rezoning requests:
Mr. Russ Welborn: Doesn't understand the resistance to rezoning from
unclassified to industrial.
Mr. Bud Fidaoff, representing Shelikof Net Co.: Stated if rezoning
were denied their business would have to relocate.
Mr. Lou Iani, representing the Alagnak & Brechan rezoning: In regards
r- to the Shelikoff Net Co. property, we were issued a building per-
mit, in error, & then leased the property to Shelikoff Net.
Without rezoning they will have to move somewhere else, due to
someone else's error. In regards to Tract S-2, we want to put
an office complex on the property.
Mr. Leroy Wittich: Has an acre of land bordering on Mill Bay Road.
Doesn't feel he can build housing due to lack of sewer availa-
bility. Wants to put a shop or warehouse on his property.
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KIB MINUTES for P & Z Commission Meeting
OCTOBER 4, 1978, at 7:30 P.M.
PAGE 2
Mr. Dick Waddel, represents Shelikoff Net Co.: It's a much needed
service to the community, and this is a good location for their
business.
OPPOSED TO: The following are all those who wished to speak in opposition
to the above rezoning requests:
Mr. Ian Fulp: (owns Lot 9 of U.S. Survey 3218) Is against the rezon-
ing because it goes against the comprehensive plan, & because
r-- of the present use of the area outside the area to be reconsid-
ered. The area has three elementary schools in close proximity,
a low cost housing unit is in present construction across the
street from this area in question, two churches and low density
residential use. I'd like to see a buffer zone to protect the
residential property of a minimum of 100'.
Father Richard Tier, St. Mary's Church & School: Objects to Industrial
rezoning due to conflict with children walking to school, and
potential added children due to apartment complex under present
construction across the street. Is not opposed to office com-
plex, but feels that heavy industrial use is not compatible.
Noise factor and dust is very bad already.
Mr. Jack McBride: Is an adjoining property owner & is not opposed to
industrial zoneing. Agreed with Mr. Milligan, RE: shortage of
industrial areas. He also finds that there is a shortage of
good residential areas. He's not opposed to what is presently
existing on the land in question. Wants to know what the pe-
titioners intend to do with the land after it has been rezoned.
Sister Bridget Connor, 3rd & 4th grade teacher at St. Mary's School:
Objects to rezoning due to the Comprehensive Plan. Feels that
Mr. F 1 's concerns are valid and have not been addressed.
Does ae concern for the children and their safety.
Sister Diane, Principal at St. Mary's School: Opposed to rezoning for
reasons previously stated by others. She feels that industry
has a decided preference over the residents of the area. She
feels that industry in that area is inappropriate.
Mr. Chuck Powell: He feels that there is a misunderstanding as far as
residential vs. business or industrial. He's lived here 21 yrs.
& says that Wright & Welborn had an operation going out at the
end of the airport prior to the advent of the borough itself.
Doesn't feel -that industrial use in the aroa would increase the
noise level. Nor does he feel that you'll see heavier traffic
as a result of rezoning. As community grows traffic will in-
crease, and hopes P & Z will reaffirm.
Mr. Lawrence Ossowski: Opposed to rezoning. What would keep them from
moving an asphalt plant out in the area? Area already has heavy
dust from the concrete trucks. They should wait until the new
Comprehensive Plan is out before making a decision on these
rezonings.
Chairman Busch closed the public hearing & reopened the regular meeting.
Mr. Busch asked Mr. Milligan about the Shelikoff Net in regards to the
building permit issued in violation. Mr. Milligan responded. Mr. Pugh
asked Mr. Milligan how big Tract S-2 is? About 10 acres, ±. There
were other questions and discussion between the Commission and the staff.
Mr. Baker moved to table this proposed rezonine until the Comprehensive
Plan is completed. Seconded by Mr. Erwin. Motion failed(2-1-with -3
Mr, Busch casting a NO vote.
Mr. Baker moved to table the request by Mr. Welborn to rezone from
Unclassified to Industrial, Tract S-4, USS 3218. Seconded by
Mr, Erwin. Motion passed by unanimous roll call vote. KIBS273068
Mr. Pugh moved to table the request by Mr. Wittich to rezone Lot 2,
Block 1, Tract "M", USS 3218 from Unclassified to Industrial. Seconded
by Mr. Erwin. Motion passed by unanimous roll call vote.
KIB MINUTES for P & Z Commission Meeting
OCTOBER 4, 1978, at 7:30 P.M.
of Lot 1, Block 1, Tract "M", USS
Seconded by Mr. Erwin. Motion pas
PAGE 3
Inc. for the
r unanimous roll call vote.
Mr. Pugh moved to table the request by Brechan Entex
USS 3218. Tract S-2 from Unclassified to Industrial.
6. An interpretation to determine the definition and intent
of the use of the word "Highway" in Section 17.27.030.
(Industrial Reserve Zoning District).
Staff report was given by Mr. Milligan. He suggests that the word
"highway" was possibly intended to mean road.
Regular meeting closed; opened public hearing.
Mr. Chuck Powell: The insertion of the word "highway" addressed it-
self primarily to the Chiniak road and those parcels that were
opened up for borrow pits by the Borough.
Closed public hearing; opened regular meeting.
Mr. Pugh moved that the Planning & Zoning Commission interpret for
staff use & Borough Assembly use in granting leases, that we interp
Section 17.27.030 in gravel extraction to mean that gravel extracti
below grade of existing highway. that "existing highwav" means that
any roan or rignt or way aa3acent to the area oeing ieasea or extract-
ed. Seconded by Mr. Erwin.
(Mr. Baker invited Mr. Spring to make comments during the discussion
period following the above motion).
Mr. Joe Spring, represents Felton Construction Company: We have a
r lease on Lot B-1, Bells Flats Subdivision. He said that gravel
extraction will come to a complete hault if the Commission goes
along with the interpretation of "highway" with a 5' extraction
limit. There seems to be question as to what that 5' represebts?
Mr. Pugh moved to table any interpretation to determine the definition
& intended use of the word "highway" in Section 17.27.030. Seconded by
Mr. Baker. Motion on the tabling motion passed with unanimous roll
call vote. (Chairman asked that the tabling motion have preference
over the prior motion on the floor).
V AUDIENCE COMMENTS
P__
Chairman Busch opened the floor to audience comments.
Mr. Chuck Powell: Requested to be on the next regular meeting. He gave
the Commission a copy of the subdivision that was approved by the
Commission a little over a month ago. It relates to Subdivision
of Tract "D" of USS 1396, into four lots. On Lot D-2 we've con-
structed an office building, which the State Troopers are present-
ly occupying. On D-3 I'm requesting that I receive a conditional
use under your business zoning classification, to construct an
office/shop complex which will be leased to Cessna Brothers.
(There will be no manufacturing on the site. The building will be
just for their office and for the maintenance and upkeep of their
equipment).
VI COMMUNICATIONS
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Mr. Milligan presented to the Commission a letter received September 26,
1978, a notice of appeal to the Superior Court Third District, from a
board of adjustment decision involving Mr. Fields. He requested that
the work session for October 23 be cancelled.
KIB MINUTES for P & Z Commission Meeting
OCTOBER 4, 1978, at 7:30 P.M.
PAGE 4
Mr. Milligan brought to the Commission's attention a memo from the
court system remanding a case involving a variance from the offstreet
parking requirements, which was previously before the Planning and
Zoning Commission, from Mr. LeRoy Mayberry. It's an error that this
has come to the P & Z Commission. It should have gone to the City
Council's Board of Adjustment. Revised order amending this order of
remand is now in process.
VII ADJOURNMENT
Chairman Busch adjourned the meeting.
APPROVED:
BY:
C airman
SUBMITTED:
BY.`
P
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�� Z ecretaryj '
