1977-03-16 Regular MeetingPLAANING & ZONING COMMISSION MEETING March 16, 1977
KODIAK ISLAND BOROUGH
CALL TO ORDER
Planning & Zoning Meeting was called to order by Chairman Bill Williams at 7:42 P.M.
in the Borough Meeting Room.
ROLL CALL
Present Absent
Ron Ball
Dan Busch
Gene Erwin
John Pugh
rta 1,„LL;,hA45
Approximately 28 people were in the audience.
III MINUTES OF PREVIOUS MEETING
Mr. Pugh moved to approve the minutes, seconded by Mr. Busch. Motion carried
by unanimous voice vote.
IV MINUTES OF OTHER MEETINGS
A. Assembly -Regular -March 3, 1977, No comment.
B. Assembly -Special -February 11, 1977. No comment.
V COMMUNICATIONS AND CORRESPONDENCE
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A. Request for Use Permit for 120-150 Days -Lot 2-A, Block 2, USS 3066 AB (Shelikof
Net Co.) Chairman Williams read letters from D. J. Egelus and Robert Murray.
regarding the request to assemble crab pots in the McDonald Building. Mr. Busch
moved to grant Shelikof Net Company a temporary use permit for 120-150 days to
assemble crab pots. Seconded by Mr. Ball. Motion carried by unanimous roll call
VI PUBLIC HEARINGS
A. Rezone Lots 4, 5, 8 & 9, Block 1, Southeast Addition & Lot 5, Tolbert Subdivision
(Russell Gallagher) and Lots 1 & 10, Block 1, Southeast Addition, USS2910 AB (John
Gibbons) . _Mr. Pugh moved to rezone Lots 4 5 8 & 9 Block 1 Southeast Addition
& Lot 5 Tolbert Subdivision and Lots 1 & 10 Block 1, Southeast Addition, USS 2910 i
Seconded by Mr. Erwin. Chairman Williams closed the regular meeting and opened
the public hearing asking for testimony from those opposed to the rezoning.
Pat Holmes - Although outside the 300 foot area Mr. Holmes stated he is opposed to
the rezoning because it would constitute spot zoning; create a traffic problem and
because he feels the sewer system in the area is inadequate.
r Ed Haney - Lot 16A, Oceanview Subdivision - is opposed; he feels this would create
a traffice problem and that the water system in the area is very weak.
Chuck Olson, Lot 1A, Paul's Subdivision - is opposed
Verna MCFarland, Lot 4A Tolbert Subdivision - is opposed KIBS272960
Guy Powell, Lot 32, Oceanview Subdivision - is opposed.
John Nuttall, Block 35, Lot 3A, East Addition - is opposed.
PLANNING & ZONING COMMISSION -- MARCH 16, 1977 Page 2
Mr. Williams read a petition in opposition to the rezoning - 28 signatures.
Vir. Gallagher spoke in favor of the rezoning - he stated that to his knowledge a
previous request to rezone the area to R-2 had never been made; he also checked
with public works, engineer and acintg city manager to verify there is a 20 to
25 foot access to the property being considered for rezoning. Feels the sewer trunk
•'" line which is adjacent to the shoreline could be developed into a one-way raod.
He feels there will not be a diminution of property values. The building would be
a two-story structure. He has done a soil analysis. The apartments would provide
a buffer between the housing and the projected industrial zoned area.
Mr. Ball asked how many parking units will be provided and why do you have to
come into the property from Father Herman Road. Mr. Gallagher stated there would
be 41 parking spaces and that Father Herman Road is not a "dead end" and should
not present an access problem.
Mrs. Mary Gallagher_ asked for the names of those signers of the petition opposing
rezoning.
Mr. Holmes - questioned the legally platted right-of-way, feels the traffic problem
will not be overcome and states the engineer says there is no legal access to this
property. lie feels this matter should be checked out with the borough attorney.
Chairman Williams called a five minute recess. Meeting reconvened. The chairman
asked that the original motion be read. Nir. Busch moved to amend the motion on the
floor to continue the public hearing to the next meeting -in order to get opinions on
the legal questions involved. Seconded by iNr. Ball. IeIotion carried by unanimous
roll call vote. Chairman Williams stated the public hearing will be continued until the
next meeting of the P & Z Commission. Mr. Mulitalo was requested to look into the
question of legal access into the property. ::Ar. Williams asked the secretary to send
out notices of the continuation of the public hearing to the property owners within
300 feet of the property to be rezoned.
B. Rezone from R-2 to R-3 Lot 6, Block 4, Baranof Heights (Gerald Gudenau) . Mr.
Pugh moved to rezone from R-2 to R-3 Lot 6,_Bloc_k 4, Baranof Heights_ Seconded by
Mr. Busch.. Chairman asked for testimony from those opposed to the rezoning.
Dick Waddell, Lot 11, Block 6, Baranof Heights - asked for clarification of just what
allowed. k1r. FAulitalo explained R-3 zoning: R-1, R-2 and multiple dwellings are
allowed. The number of units in multiple dwelling depends on the size of the lot.
Pat Holmes - Do you know the square footage in order to determine the number of
units permitted, parking, offset easements, etc.? Mr. Mulitalo stated the total
square footage is approximately 13,000 square feet. Mr. Gudenau hopes to build
four, possibly five, units.
August Heitman, Lot 7, Block 4, Baranof Heights - he feels the area is too small for a
four-plex. Opposed.
Dennis Huey, Lot 8, Block 4, Baranof Heights - Purchased property because of the
R-2 zoning; feels rezoning would change the atmosphere of the neighborhood -opposed.
Mrs. August Heitman - does not wish high density living -is opposed.
Gerald Gudenau - land is becoming scarce. Feels this does not constitute spot
zoning since the property is bordered on three sides by R-3. Will meet all require-
ments in regard to parking, etc. Will build for sale preferably, rather than rent.
Chairman Williams explained that the Commission has a certain procedure to follow
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PLANNING 1: ZONING COMMISSION - MARCH 16, 1977
Page 3
on zoning items, which includes the Code requirement that a rezoning request must
go to public hearing. The Borough now has a zoning administrator but is still
limited in its staff. Public hearing closed; meeting opened. Mr. Busch stated he
feels this is a continuation of R-3 zoning and does not foresee any great traffic problem.
The motion was restated. Chairman Williams also read into the minutes a letter from
L. Hank_o, LOt 11 Block 5, Baranof Heights stating his opposition. A letter of
opposition from ",1r. and Mrs. Daniel Olson, Lots 5 & 6, Block Baranof Heiqhts, was
rread. The motion carried with Mr. Erwin casting a NO vote.
l VII ZONING ITEMS
A. Vacation of Utility Easements Re: Sunset Development Co. (City of Kodiak) .
Chairman Williams read letters from KEA and Glacier State Telephone Co. Mr. Busch
moved to grant vacation of utility easements for Lots 39 & 40 Block 2 Erskine Sub-
division USS 562 and Lot 12 Block 3 USS 2537-B under the stipulation that they
meet the utility easet requirements set forth by the Glacier State Telephone Co.
Seconded by Mr. Ball. Motion carried by unanimous roll call vote.
B. Vacation of Portion of Eighth Street. (Lynn F. Saupe & Harold Anderson). Mr.
Busch moved to vacate a portion of Eighth Street to Lynn F.-Saupe and Harold Anderson.
Sedonded by Mr. Pugh. Mr. Mulitalo stated that they must look 5-10 years hence -that.
once the vacation was granted it would not be recovered. He said there is nothing
keeping Mr. Saupe and Mr. Anderson from using it as is. Mr. Ball stated the City
Council determines the location of streets and recommended vacation. :;9otion denied
with Mssrs. Busch Erwin and Williams casting NO votes.
C. Rezone Tract :A", USS 1673 Conservation to Business & Industrial Reserve
(Gudenau & Co.). Mr. Williams read a letter from f.1r. Gudenau dated Niarch 14,
1977 modifying his request to read: a special use permit for 10 acres to used as
a rock quarry and rezoning to business 18.24 acres. This must be considered as
I two separate requests. 1. Mr. Ball moved to take under consideration request to
rezone to business 18.24 acres of Tract "A", USS 1673. Seconded by Mr. Pugh.
Mr. Gudenau stated he intends to operate without water and sewer to the property
for 3-to 5 years, will probably build warehousing. 'Ar. Busch moved to amend_the
. . .. _ _______ .n e,. -_-__ —L T......a IIAII IICC 1G72 *n tii
Seconded by Mr. Pugh. Motion carried by unanimous roll call vote. The basic
motion carried b unanimous roll call vote. 2. Mr. Bal I moved to grant an
additional use permit for use as a rock quaron 10 acres of Tract "A" USS 1673..
Seconded by Mr. Busch. Mr. Mulitalo stated we would need a cross section survey
of the property, also a survey designating the 10 acres. Mr. Gudenau said this will
be done. The quarry does not border on the road; after removing the rock the land
could be used for a warehouse. Mr. Pugh moved to amend the motion to show Mr.
Gudenau should have a survey of cross section and a survey designating the 10.
acres with the grade of the road not to exceed 6 percenq , permit to run for 5 years.
Seconded by Mr. Ball. Motion carried by unanimous roll call vote. Basic motion
carried by unanimous roll call vote.
D. Deleted from agenda. KIBS272962.
E. Additional use permit for Dormitory Facility -Parcel A, USS 1086 (aka Old City
Warehouse) (Alaska Pacific Seafoods, Inc.). Chairman Williams read a letter from
Glen R. Beyhmer, Plant Manager, Alaska Pacific Seafoods dated March 15, 1977.
Mr. Busch moved to grant an additional usepermit to Alaska Pacific Seafoods, Inc_
Parcel A. USS 1086. Seconded by Mr. Ball. `Ar. Mulitalo stated that parking is not
adequate for the number of present employees and the 75 people the dormitory will
house. It was asked how much land on the hill could be developed for parking in
the future. Mr. Ball moved to grant an additional use permit for dormitory facilities
Parcel A, USS 1086 (Old City Warehouse) to Alaska Pacific Seafoods, Inc. for 18 .
months in order to give time to provide adequate parking. Seconded by fAr_ rwin.
Motion carried with Mr. Pugh abstaining_ Basic motion carried with Mr. Pugh
abstaining.
PLANNING & ZONING COAf,AISSION -MARCH 16, 1977
Page 4
Vlll SUBDIVISION, PREI-h-VIINARY
A. Subdivision of Portion of Tract "B" USS 1678, Kodiak, AK (Lots 4, 5, 6, 7, 8 & 9)
(Wm. J. Glynn). Chairman called a five minute recess. i:Aeeting reconvened. is r.
Pugh moved to set aside this request for. further_study. . econd ed bar Mr. Ball.
Motion carried by unanimous roll call vote.
B. Subdivision of Lot 3, Block 4, Bells Flats AK (Ashford & Anderson) . It was
noted that an error in the Block Number was made on the plat; the property was
listed as being Block 4--should be Block 1. f,Ar. Puq hh moved to approveprelim nary
subdivision of Lot 3, Block 1, Dells Flats AK provided the property description be
corrected andthe utility easements be shown Seconded by Mr. Ball_ Motion carried
by unanimous roll call vote.
C. Subdivision of Tract "A" & Sunny Cove Recreational Tracts, Portion of USS 1671
Spruce Island, AK (Edward N. Opheim). Mr. Busch moved to table the request._
for subdivision of Tract "A" & Sunny Cove Recreational Tracts, Portion of USS 1671,
Spruce Island, AK to give time for further review._ Seconded by te1r_Pu h:._Motion
carried by unanimous roll call vote.
IX SUBDIVISION, FINAL
A. Subdivision of Lots 6, 7 & 8 Crestview Subdivision USS 3218 (Mike Rasmussen
& Gary Roberts) . Mr. Ball moved to_approve final subdivision of Lots 6, 7 & 8_
Crestview Subdivision USS 3218. Seconded by fair. Pugh._ Notion carried by.
unanimous roll call vote.
B. Subdivision of Portion of Tract "B" USS 1678 (Lots 1, 2 & 3) Kodiak AK (Wm. J.
Glynn). Mr. Ball moved to table subdivision of Tract "B" USS 1678 (Lots 1, 2 & 21.
for 'vNrn. J. Glynn until the next_ meeting.__ Seconded_by_ Mr_ Busch. Motion carried,
by unanimous roll call vote.
C, Subdivision of Lots 1 & 2, block 6, :Miller Point Subdivision, 1st Addition,
Kodiak AK (Dewitt Fields) . _J1r_;3usch, moved to approve final subdivision of Lots
1 & 2, Block 6, Miller Point Subdivision 1st Addition Kodiak AK. Seconded by
Mr. Ball, Motion carried by unanimous roll call vote.
D. Subdivision of Lot 4, Block 3, Bells Flats AK Subdivision, (R. G. York) . Mr.
Ball moved to grant final subdivision of Lot 4, Block 3, Bells Flats AK Subdivision
with the stipulation that it mustnrovide adequate access for Lot 4A, Section _
16.20.020 provides for a half strut at least 30 feet wide along the adloinin .
unsubdivided property. Seconded by .Mr. Pugh. Motion carried by unanimous
roll call vote
X OLD BUSINESS
A. R-1, R-2 Consolidated Zoning - Memo from Borough Manager's Secretary to
Lutena Mulitalo, Zoning Administrator reporting on a recent contact with the
Municipality of Anchorage, Planning Department. They have no immediate plans
for such a change in zoning. Mr. Busch stated it is something to continute to
consider and work at in future work sessions.
(I PLANNING & STAFF ITEMS
A. .Memo Re: Monthly Activities Report - Zoning Administrator. IMr, Williams
stated this was a very good report and very complete. The purpose of the report
was for information only to bring the commission up-to-date on the activities of
the zoning official.
B. Memo Re: Island Wide Application of Conservation District Zone -Stu Denslow.
KIBS272963
PLANNING & ZONING COAMISSION - MARCH 16, 1977
Page 5
Mr. !,Yilliams read the memo into the record. This has been discussed to some: degree
and must be brought to a work session so that the Borough will have proper zoning
throughout.
X11 AUDIE14CE COMMENTS
A. Carol Lechner asked that she be brought up-to-date on the'^Jatershed Ordinance.
Mr. Mulitalo said the files have been turned over to him; he will review them and
an up-to-date report will be forthcoming.
Pat Holmes stated Verna ivicFarland asked this question be directed to the Commission:
1 . Is it not a fact that if 20 percent of the land owners in an area object to rezoning
it is automatically excluded and 2. if this is the case, why, realizing you want to
explore the legal questions of the case, was this not denied at this meeting? Mr.
Williams read Section 17.72.080 of the Municipal Code with reference to Boundary
Change --Protest. This refers only to the Borough Assembly action. Whatever action
the P & Z Commission takes is merely a recommendation to the Assembly where final
action is taken.
Mr. Busch asked that a date be set for a work session. The work session will be
March 30 1977 at 7: 00 P. m. in the conference room with a work session tentatively
set for Anril 14 1977 at 7: 00 P.m in the conference room.
Mr. Pughstatedhe would advise the City to submit names for getting more members to the
P & Z Commission in the very near future -he will be out of town on business at the
time of the next meeting which would leave only four members in attendance. He
urged the commission be filled out to its full seven man membership. Mr. Williams
stated Ordinance 73-20-0 dated October 4, 1973 established a planning commission
but is of the opinion that since the commissioners are now elected at large the
ordinance may need to be updated.
Mr. Ball stated that a number of Belts Flats residents have reported they cannot
hear the P & Z meeting broadcast clearly. This matter will be checked out and
rectified as far as possible.
XIII ADJOURNMENT
Meeting was adjourned at 10: 52 p.m.
SUBMITTED:
orough ecretary
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APPROVED:
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