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1978-09-20 Regular MeetingKODIAK ISLAND BOROUGH P & Z MEETING OF SEPTEMBER 20, 1973 BOROUGH ASSEMBLY CHAMBERS, at 7:30 P.M. I. CALL TO ORDER The meeting was called to order by the Chairman, Dan Busch, at 7:30 p.m. in the Borough Assembly Chambers. II. ROLL CALL PRESENT Mr. Dan Busch, Chairman Mr. Don Baker Mr. Gene Erwin Mr. Tony Perez Mr. John Pugh A quorum was established. III. MINUTES ABSENT Mr. Phil Anderson, excused Mr. Ron Ball, excused It was moved by Mr. Pugh and seconded by Mr. Perez that the minutes of the August 16, 1978, P & Z regular meeting be approved. Motion passed by unanimous roll call vote. IV. APPEARANCE REQUEST A. Mr. Frank Urabeck, Executive Director Alaska Water Study Committee, South Central Water Study. (Level B). Mr. Urabeck showed a slide presentation outlining the purpose of the South Central WAter Resources Study. In general the study will deal with outdoor recreation, commercial fishing and subsistance fishing. More specifically with the current project in Congress for expanding facilities in small boat harbors. The analysis will be presented sometime in the fall of 1979. Pamphlets explaining this study in depth will be available at the library and other places in the community. OLD BUSINESS A. Rezoning 1. Rezoning Tracts S-2, S-4 and Lots 1 and 2, Tract M. USS 3218, (Welborn, Brechan, Alagnak and Wittich). The Chairman directed Mr. Milligan to schedule a special meeting for Wednesday, October 4, 1978,to hold another public hearing on the rezoning of Lots 1 & 2, Block 1, Track M, and Tracts S-2 and S-4, USS 3218, which was remanded by the Borough Assembly to the Commission, for reconsideration of buffering and other considerations. (Welborn, Brechan, Alagnak and Wittich). VI. NEW BUSINESS KIBS273063 A. Subdivisions 1. Subdivision of Lot 4, Block 3, Miller Point Subdivision, (Dave Lorring and Ray Tufts). Mr. Marmaduke stated that the previous stipulations in the preliminary plat have been complied with in the final plat. It was moved by Mr. Puoh and seconded by Mr. Perez that the Commission approve the final plat of a resubdivision of Lot 4, Block 3, Miller Point Subdivision, Lorring and Tufts. Motion passed by unanimous roll call vote. B. Other 1. Authorization for a Foster Home, (Rev. Childs). In the staff report, Mr. Milligan stated that the Borough Assembly adopted Ordinance 78-16-0 estab- lishing a definition for Foster Homes. A copy of the Mission's Foster Home License issued by the State of Alaska was presented for review. Mr. Dave Cook, representing Rev. Childs, stated during the discussions that the home is operating under the guidlines and requirments of the Borough and the City. It was moved by Mr. Pugh and seconded by Mr. Perez that the Commission approve the application of the foster home of the Baptist Mission, 1215 Madsen Avenue, for the length of the permit from the State of Alaska, Department of Health and Social Services. Motion passed by unanimous roll call vote. P & Z MEETING OF SEPTEMBER 20, 1978 Page 2 2. Borrow Site Lease for Tract P-4, Bells Flats Alaska Subdivision, (Royal Large). Mr. Marmaduke gave the staff report. He replied to Mr. Pugh's question regarding Mr. Large cleaning up the area; that he is required to dress the slopes 2-1. He is not required to fill in excavated areas below the water line. The Borough's Land Consultant, Dale Tubbs, recom- mended that the Borough issue contract for the north and easterly side of Sargent Creek Road to level the site within 3' of the mean high water r-- table. Require west leg to be groomed by May of 1979. Stan Fisher, representing Royal Large, stated there is no reason not to renew Mr. Large's lease as he has complied with provisions. He also stated that Mr. Large is a small businessman and does not make a lot of money, but nevertheless is a form of resource. He has put in a lot of effort and time -six years. It was moved by Mr. Perez and seconded by Mr. Erwin that the Commission table this item. No action taken. It was moved and seconded by Mr. Pugh that the Commission table this item until October 5, 1978. No action taken. It was moved by Mr. Perez and seconded by Mr. Pugh that the Commission postpone this item until October 4, 1978, special meeting. Motion passed by unanimous ro ca vo e. VII. PUBLIC HEARINGS A. Subdivisions 1. Vacation and replat of Lot 10, Block 1, Russell Estates Subd. (Mr. John Fedon Canas). Mr. Marmaduke, in the staff report, stated that the Borough Assembly had only granted preliminary approval and the.plat was now back before the Commission for final plat approval. The Chairman closed the regular meeting and opened the public hearing. No one appeared to speak on behalf of this request. FRED GAFFNEY OPPOSED. Mr. Gaffney lives on Block 9, Russell Estates and adjoins the property in question. Mr. Gaffney presented a petition signed by 29 local property owners and residents of Larch Street, requesting the P & Z deny the request. Specifically the petitioners object to the additional 5,000 sq. ft. of unclassified land to the existing lots. Property in question is under water. Mr. Gaffney is also concerned with parking. JOHN CAPAS. Stated that Mr. Gaffney and some of the neighbors are trying to ock the utilization of the land so they can increase the value of the property. Mr. Capas replied to Mr. Perez question that his "intent was to increase the back yard" "I am not prepared to make any further comments or statements." The Chairman closed the public hearing and reopened the regular meeting. Mr. Milligan replied to Mr. Pugh's question that. there is no transfer from one portion of the lot to other of development rights in a different zoning district. Also that the Borough Attorney had indicated that the division into 2 or more parcels of Mr. Grothe's property would constitute a subdivision. The vacation and replat accomplishes the requirements for subdivision. Mr. Milligan replies to Mr. Perez's question that approval of the preliminary, which was granted by the Borough Assembly, is tantamount to the approval of the final? He would have an excellent case because preliminary approval has been held by nearly every court in the country to be tantamount to final approval. Mr. Capas has met all the requirements re: the replatting. B. Rezoning IUBS273064 1. (Kodiak Western),rezone Tract "A" USS 3468 from Service Recreational to Industrial. Mr. Milligan, in the staff report, stated that this re- zoning entails only 22 acres of land. The land in question is immediately adjacent to the runway, Lily Lake and to residential development. The question is whether or not aviation activities should be allowed in Service/recreation district P & Z MEETING OF SEPTEMBER 20, 1978 PAGE 3 The Chairman closed the regular meeting and opened the public hearing ROBERT HALL, President of Kodiak Western. The place has been used since 1964 as the aircraft/maintenance air station & other facilities pertaining to aviation. Chairman closed the public hearing and reopened the regular meeting. Mr. Milligan stated that any aviation use immediately adjacent to that runway would be a lawful use of land in that area, only because the air- port exists as a municipal corporation use. You could proceed with the rezoning without detrimate to Mr. Hall. Mr. Pugh moved that this land and zoning condition in Section 17.30.050 subsection C, that Tract A USSS 3468 in its zoning as service/recreation be considered that airport related activities and uses be permitted on this piece of property. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. C. Other C.A. Poythress requesting a variance for Lots 4, 5, & 6, Block 5, Baranoff Heights Subdivision. Mr. Milligan made the staff presentation based upon a memo prepared by the Planning Department. Chairman closed the regular meeting and opened the public hearing. C.A. POYTHRESS: The only thing we seem to be in conflict with from beginning to end is the matter of density. The bank will lend the money. He wants to improve his building, and feels he'll have adequate parking. LARRY WALTON, lives in Spruce Manor: He is OPPOSED to adding to the density of traffic, both by vehicles & on foot RUTH BILLINGS, OPPOSED: Concerned with density, and garbage bins. Chairman Busch closed the public hearing and opened the regular meeting. Chairman gave contents of two notices that were returned from TONY EATON who is OPPOSED to any additional structures or improvements in that area. MR. & MRS. JOHN B. EATON stated that the area is too small & congested for any additions. They are OPPOSED. that the variance on Lots 4, 5, 6, Block 5, Baranoff sion. an additional buildina be granted. Seconded by Mr. VIII. COMMUNICATIONS AND REPORTS A. Communication - None KIBS273065 RE: IV. New Business, C. Other, 1. Adoption of Karluk Redevelopment Plan Staff Report presented by Mr. Milligan in regards to the Karluk Redevelop- ment Plan. Staff has in hand final plan for redevelopment. Mr. Milligan told the Commission, in brief, what has been done so far to put Karluk back on into shape since the disaster hit last January, and what is yet to be done to restore the community in Karluk. This Plan is before the Commission now for formal adoption and approval to set the final stages of the Plan '— into motion. Mr. Baker asked what the status of the sewer system is right now? Mr. Milligan said that it was in preliminary design stages. Construction will take place next year. Mr. Baker also asked what the schedule for occupancy for the residences? Mr. Milligan said that it was scheduled for October or November, 1978. The water source comes from a stream immediately adjacent to the village from the lagoon side, on the right hand side. Sewer and water would go in at the same time. Oil storage tank will be located ad- jacent to the lagoon. There will be a 10,000 gal. storage tank located up around the 80-90' level. The 50,000 gal. tank will comprise the main village supply. May use individual oil drums for individual houses in order to get through this winter. P & Z MEETING OF SEPTEMBER 20, 1978 z moved to adopt the Karluk Redevelopm n. Motion passed by unanimous roll ca Ian. Seconded b PAGE 4 B. OTHER 1. Chairman's Report - None 2. Staff Report Work Session scheduled for October 4, '78, to review the status of Kodiak Borough lands and to start to develop preliminary recommenda- tions for the Assembly on lands that the Borough could dispose of & to also look at lands in Bells Flats/Russian Creek area for lands available for disposal. 3. Monthly Building Report IX. COMMISSIONER'S COMMENTS Mr. Pugh gave remarks about land sale and lease applications. Chairman Busch set date of October 25th for the Commissioners to go over the Land Sale Report and to prepare the Commission's recommendations. X. AUDIENCE COMMENTS - None XI. ADJOURNMENT Chairman Busch adjourned the meeting. SUBMITTED P Sec re ry 11 r- APPROVED: Chairman KIBS273066