1977-01-19 Regular MeetingPLANNING 8 ZONING COMMISSION MEETING, KODIAK ISLAND BOROUGH
January 19, 1977
CALL TO ORDER
The meeting was called to order by Chairman Tom Hayden at 7:32 p.m. in the
Borough Meeting Room.
11 ROLL CALL
Present: Ron
Ball
_- Dan
Busch
Gene Erwin
Tom
Hayden
John
Pugh
Bill
Williams
Absent: Harold Heglin (Resigned)
There were approximately 15 people in the audience.
III MINUTES OF PREVIOUS MEETING
The minutes were approved by unanimous voice vote.
IV MINUTES OF OTHER MEETINGS
None
V COMMUNICATIONS AND CORRESPONDENCE
A. Request for Environmental Permit --Tract S-2 USS 3218 (Brechan Enterprises) .
r— Chairman Hayden summarized a letter dated January 18, 1977 from Brechan Enter-
prises, Inc. stating that the State of Alaska Department of Environmental Conserva-
tion has issued a notice of violation, claiming the company is polluting water of
the State by dumping waste concrete into a pond located on Brechan Enterprise
property. Michael Brechan stated the company has for the past several years been
filling the shallow pond and a swamp located on Tract S-2, USS 3218 with both
waste and unsuitable soils and waste concrete from their concrete operation for the
purpose of reclaiming the area in order that it may be developed to the benefit of
the residents of the area in the future. The neighboring property owners have
been contacted and voiced no objection. Mr. Brechan requests a letter of non -
objection from the P & Z Commission to be directed to the State of Alaska Depart-
ment of Environmental Conservation which may be presented at an administrative
hearing. The commission concurred a letter should be written making note that
this type of industry is needed in Kodiak. °Ar. Ball moved to direct a letter of
non -objection to the State of Alaska Department of Environmental Conservation to
be written by Mr. Denslow stating they do not disapprove of the method of dis-
posal and fill used by Brechan Enterprises Inc. in their present location..,
Seconded by Mr. Pugh Motion passed by unanimous roll call vote.,
VI PUBLIC HEARINGS KIBS272951
Chairman Hayden stated that in order to expedite the meeting he would appreciate
' .. concise testimony and that following the initial testimony would be to add only new
information.
A. Request to Rezone from Unclassified to R-3 Russell Estates Subdivision, 3d
Addition, a Portion of USS 1396 ( L. L. Russell) . Chairman Hayden closed the
meeting and opened the public hearing. Mr. Russell stated the proposed rezon-
ing was at his request and that it is actually an extension of R-3 zoning. Eight
letters were sent to property owners; there were no objections received. Mr.
Russell stated he intends to sell the property. Public hearing closed and
PLANNING S ZONING COW,,MSSION "IEETING, KODIAK ISLAND BOROUGH -- Page 2
meeting opened. Mr. Busch moved to grant °1r. Russell his request to rezone
from unclassified to R-3 Russell Estates 3d Addition USS 1396. Seconded by
Mr. Ball Aotion passed by unanimous roll call vote.
B. Request to Rezone USS 1682, Parcel #1 Unzoned to R-3; Parcel #2 Unzoned
to Industrial (L. L. Russell) . "fleeting closed and public hearing opened.
r— Thirty-one letters were sent to property owners. Three responses were received
in favor; one petition signed by 46 property owners was received against.
Oluf Omlid, owner of Lot 10, USS 3101, who circulated the petition, stated he
objected to any industrial zoning in the middle of a residential area.
Bill Barker, property owner, Woodland Acres, USS 1682, Lots 7 S 8, glock 2, 2d
Addition, bought property because this is one of the few areas left for single unit
housing. He objects to industrial property in that area especially with the re-
strictions placed on his property through the deed. He feels it is not a good idea
to have an industrial area surrounded by a residential area; also, industrial
rezoning for the purpose of fishing gear storage would be in direct conflict with
the restrictions placed on his residential property.
A.Ar. Russell - stated he is trying to look at the situation as fairly as possible with
consideration for the surrounding property owners and still develop his property.
The restrictions on Parcel #1, which is ideal for residential housing, are the same
as for P-1. He will probably both sell and build on the property, preferably
townhouse development. A swamp area might hinder the development of the entire
area as residential. It is felt by many fishermen, the Fisherman's Marketing
association and others that there is a great need for the type of warehousing
r— planned for P-3rcel #2 and there are very few locations available for same. There
would be ample road access from the Rezanoff extension, yet to be constructed.
Mr. Ball asked if W. Russell would be agreeable to restrictions on the R-3 to
require townhouse development. r1r. Russell would consider same. Mr. Denslow
asked if Mr. Russell would consider zoning the entire area R-3 with a nesting of
commercial. Mr. Russell said he would be willing to discuss altering his proposal
at a work session prior to the next P 5 Z meeting along with interested property
owners.
11,4ike Shockley - representative for a group of local contractors, pointed out that
there is no other piece of property available in the area for development of any
size with the exception of Spruce Cape. He stated the Coast Guard has a repre-
sentative here trying to encourage local development. The Coast Guard Base will
have displaced 200 families by January 1, 1978 as well as the U. S. 'A.arshall's
statement that when the 200-mile limit comes in there will be a need for approxi-
mately 55 marshall's housing in the next two years. Vlith the normal local in-
crease it would strain the housing situation even more. Townhouse development
would ease this situation; also PAr. Shockley feels there is a need for warehousing
and storage facilities.
Lloyd Benton - Generally in favor of rezoning both parcels. He understands the
�.- need for more residential development but feels there is an even greater need for
more and adequate warehouse space especially looking forward to the future
development of the community. He feels it is wise to rezone a large portion
in order to avoid spot zoning.
Huey DeVille - Lot 11, USS 3101, has no objection whatsoever to the rezoning of
either parcel. He feels it may help to bring a sewer system into the area. He
also feels the need for warehouse and storage space and could utilize it himself.
The question of private of city sewer system to service the R-3 area will be
discussed at the work session. KIBS272952
PLANNING & ZONING COPAfAISSION MEETING, KODIAK ISLA14D BOROUGH - Page 3
Jack Lerner - Took the survey among the fisherman. Approximately 95 percent
were for rezoning, 4 percent would not sign and 1 percent was against.
Public hearing closed; meeting opened. t.1r. Pugh moved to recess this meeting
and reschedule the completion of the public hearing for the next regular P & Z
meeting February 16 1977 Seconded by Mr. Ball. Motion carried by unani-
mous roll call vote.
The request will be discussed with 11r. Pussell and the interested property owners
at a work session prior to the next meeting. (Work session scheduled for
February 1, 1977 at 7:30 p.m. in the Assembly meeting room.)
C. Request to Rezone USS 444,
Tract "C" from R-3 to Business (St. Herman's
Pastoral School.
Meeting closed
and public hearing opened.
There were 27
notices sent out
and no responses
were received. I-lo one in
the audience gave
testimony for or
against the request. Closed public hearing
and opened meeting.
Mr. Busch moved to recommend
to grant the request of St. Herman's Pastoral
School to rezone
USS 444 Tract
"C" from R-3 to business
Seconded by Mr..
Erwin Aotion
passed with Mr.
Busch and ""r. Pugh casting
NO votes.
VII ZONING ITEMS
A. Request to Rezone USS 1396, Tract G-A & Lot G-1 from n-2 to q-3 (Rolland A.
Jones) . ti1r. Ball moved to schedule a public hearing on the request to rezone
USS 1396 Tract G A & Lot G-1 Seconded by Mr. Busch Motion passed by
unanimous voice vote.
Vill SUBDIVISIONS, PRELIMINARY
None
IX SUBDIVISIONS, FINAL
A. Subdivision of Lot 2, Block 5, Bells Flits, AK Subdivision (Corby Haines) .
f.Ar. Ball moved to recommend subdivision final of Lot 2, Block 5, Bells Flats,
AK Subdivision request of Corby Haines with the stipulation that he have the
names of the owners of adjoining Lots 1 & 3 placed on the plat. Seconded by
Mr. Eusch. Motion passed by unanimous roll call vote.
B. Subdivision of Russell Estates Subdivision, 3d Addition, A Portion of USS 1396
Kodiak, AK (L. L. Russell) . °Ar. Williams moved to recommend subdivision final
of Russell Estates Subdivision 3d Addition a portion of USS 1396. Seconded by
Mr. Ball. MMotion carried by unanimous roll call vote.
X OLD BUSINESS
A. Port Lions Resolution No. 76-17 Re: Port Lions Comprehensive Development
Plan - "Interim Utilization". The resolution 77-4-R was read in full by Mr. Williams
Mr. Williams moved to approve resolution 77-4-R. Seconded by Mr. Pugh. Motion
carried by unanimous roll call vote.
►" B. City of Port Lions request for Formal Action by
Kodiak Island Borough P & Z
Commission for Zoning City of Port Lions. Mr. Gall
moved that resolution 77-6-R,
A Resolution by the Kodiak Island Borough Planning
and Zoning Commission
Authorizing the City of Port Lions Interim Utilization
of the Port Lions Zoning Plan,
be submitted to the Borough Assembly for approval.
Seconded by ..Ar. Busch.
Motion carried by unanimous roll call vote.
C. Memorandum from Stuart Denslow: State OCS Development
Goals and
Policies. Received for study.
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PLANNING & ZONING CO"Ai41SS1ON `WETING, KODIAK ISLAND P-OROUGH -- Page 4
XI PLANNING & STAFF ITEMS
o.9r. Pugh - None.
f.9r. Erwin - Commented that considerable time had been spent on the development
of Dog Bay regarding pot storage and warehousing. Mr. Williams stated it had
been only a proposal and was included in the Near Island comprehensive plan.
111r. Hayden - 1. He submitted his resignation effective January 19, 1977, ex-
plaining that he is leaving Kodiak for the purpose of furthering his education in
fisheries science, to be submitted to the Borough Assembly. 2. It is necessary
to elect a new chairman of the commission. Ar. Busch nominated Bill Vlilliams.
Mr. "dilliams was elected by unanimous voice vote.
Mr. Busch - Requested a work session be set up to work out rezoning request
with P.1r. Russell and other property owners. It was agreed that the work session
would be Tuesday, February 1, 1977 at 7:30 p.m. in the Borough meeting room.
of the property owners will be encouraged to participate.
N1r. Ball - None.
Mr. Denslow - 1. For the record, the Commission should acknowledge the letter
of resignation from Harold Heglin effective January 18, 1977. The secretary was
requested to issue a letter of appreciation to these two gentlemen for their services
to the commission.
2. You requested me to determine the precise nature of the legal requirements
for vacation and replats. According to the ordinance you must advertise three
weeks in succession prior to the hearing that is held for vacation and replat either
before the P & Z Commission or the Borough Assembly.
3. Presented a memorandum regarding the State OCS Development Goals and
Policies. The Division of Community Planning, Department of Community and
Regional Affairs, has drafted OCS Development Goals and Policies. Since the
P & Z Commission will soon be involved in a similar effort as part of Joint Forum
planning responsibilities the members should study and acquaint themselves with
the above mentioned draft. The state is in a work program activity that parallels
that in which we will be involved with here. They have done a good job of
integrating economic considerations, state environmental policies and the general
perspective of onshore impact of offshore oil.
4. One of the speakers tonight made reference to the fact that a substantial
portion of the land zoned unclassified, is in fact zoned R-2. The code violations
in housing units that have been converted from single-family to two-family or
more without benefit of building permit or proper zoning is enormous. To correct
or police the situation would be impossible. Perhaps the better method would be
to accommodate it by creating a consolidated district R-1 - R-2 enabling owners to
build an R-1 dwelling in any R- district and allowing owners in an R-1 district
to convert to R-2 legally with a building permit. This is for discussion and study
and perhaps a recommendation to the Borough Assembly could be considered at
your next work session.
In answer to a question by Mr. Ball regarding the development of the comprehen-
sive plan, Mr. Denslow stated each P & Z member has the work outline and
application document that was submitted to the Department of Community &
Regional Affairs. The program has been funded by the Community & Regional
Affairs utilizing funds from the Economic Development Administration and OCS.
The firm of Kramer, Chin and :Aayo of Juneau have been tentatively selected to
do the work. Because of the nature of the funding, the contract is actually with
the State on behalf of the Borough. It is anticipated that the work will be going
KIBS272954
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PLANNING 6 ZONING COi,,IF,41SS1ON ViEETIOG, KODIAK BOROUGH - Page 5
ahead full speed by the end of February. The bulk of the work should be com-
pleted in the first 9 months of the year. 4'�!e should have a preliminary document
for review by November. By the end of the year the process of preparing the
new comprehensive plan should be essentially completed. The OCS impact
document is complete and will be presented at the OCS meeting January 25, 1977.
There will be working sessions throughout the coming year at which time the
P 5 Z, O.E.D.P. S OCS will be reviewing the various work documents that will
be prepared as part of this planning program. Hopefully these three committees
will come up with a reasonable set of goals by the middle of larch. It is a
requirement that this be a citizen oriented effort.
XI PLANNING E STAFF ITEMS
Chairman Hayden suggested that in the Public Hearing N tices ublished in the
newspapers, the general locations of the property, as well as tle tegai descrip-
tion, be included.
With reference to Title 17.71.020 the commission agreed that an explicit
explanation of the actions should be included in the motions in order to better
inform the Borough Assembly. E%ir. Denslow explained that detailed compliance
with ordinance procedures which had been taken from that of a large city, having
a sizeable legal and clerical staff, is not possible in a community the size of
Kodiak. The preparation of a legal brief for each case would be prohibitively
expensive.
XII AUDIENCE COMMENTS
Councilman Carol Lechner inquired as to when the survey questionnaire being
formulated by the Joint Forum will be ready for distribution. The Joint Forum
decided in October to use a sample of 2,000 people taken from the voters'
registrations of the Kodiak Island Borough. Mrs. Lechner requested a copy when
it is ready for distribution. Ars. Lechner also volunteered to take an inventory
of the upper Rezanoff side of East Addition for violations of R-1 zoning.
XIII ADJOURNMENT
Meeting was adjourned at 10:04 p.m.
SUBMITTED:
ort rough.,*Secretary /.
APPROVED:
Chairman
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