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1969-03-26 Regular MeetingKODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION - March 26, 1969 I CALL TO ORDER The meeting was called to order at 7:40 p.m. by Acting Chairman Harry Wallace in the Courtroom of the New State Office Building, Kodiak, Alaska. IT ROLL CALL Present Absent John [faller, Chairman (late arrival) Ed Haney (excused) Harry Wallace, Acting Chairman I Ernie Brothers Wilda Gellis John Welch Also present: Sally Hendrix, Clerk/Treasurer, and 3 people in the audience. IIT MINUTES OF PREVIOUS MEETING - March 12, 1969. Mr. Brothers moved, seconded by Mr. Welch, that the minutes be approved as written. Motion carried by unanimous voice vote. IV OTHER MINUTES A. Regular Assembly Meeting - 3/20/69. There were no comments. B. Hospital Board Meeting -- 3/14/69. There were no continents. V COMMUNICATIONS AND CORRESPONDENCE - None VI PUBLIC HEARINGS — None VII ZONING ITEMS, PRELIMINARY REVIEW I A. Reguest_for Setback Variance, Erskine Subdivision, Blk_8, Lot 67 - Don Slater (Case Il 14-C). The attorney's review was read, stating that the application was in proper form but that the Commission should keep in mind that variances are generally warranted only in cases of financial hardship when strict application of the ordinance would greatly decrease or practically destroy the value of the property for its permitted use. Mr. Slater enlarged on his application, stating that by receiving the variance and turning the house on the lot to create a view, the value of his property would be greatly increased. This would not &!"te parking problems, and no one would object since he owns the next two buildings on one side, and the Aleutian Homes on the other side do not have windows which face the view. Also, he felt that by building closer to the lot line, he would be balancing the street, rather than creating a jog by building back further than the other buildings. Mr. Welch felt that the Commission should be very careful in considering such a variance, since other people in the area would then request them. It was agreed, however, that each case must be considered on its own merits. Mrs. Gellis was concerned that if the variance were granted and the building constructed closer to the street, there vauld be no possibility later of widening the street, which she feels is needed. Mr. Slater also stated that it would cost him more for driveway construction if he had to build further back on the lot. After more discussion, Mr. Brothers made a motion that a Dublic hearing- on the request he n3vPrt;aad fnr rho nov+ mout;nn _seconded by 11rs. Gellis, and carried by unanimous voice vote, with Mr. Welch abstaining. Mr. Slater then asked if the Commission felt that the necessary conditions existed £or his variance to be granted, and if they felt it would be granted if no objections were voiced at the hearing. Mrs. Gellis questioned whether Requirement #2 really existed --that there would be practical difficulties or unnecessary hardship if Mr. Slater were not granted the variance. Mr. Waller" -felt that Mr. Slater was putting pressure against the Commission by requesting their opinion in this way. It was agreed that it was not necessarily the concensus of opinion that the variance could not be granted. Mrs. Gellis felt that the residents in the area should be given the opportunity to express their possible objections to the variance. It was finally agreed to re -confirm the holding of the hearing at the next meeting. KIBS272628 PLANNING & ZONING COMMISSIOY - March 26, 1969 2 B. Zoning of Entire Bell's Flats Area, Including Provisions for Dump Site. A rough sketch map of the area which had been prepared by Rolland Jones was studied. It was pointed out that the Kodiak Land Co. lease on their material plant site, which is inside the area selected by the Borough, will expire this spring and they will not ask that it be renewed. The lease on the borrow site outside of the selection has already been granted an exception for that use by PYlZ. The zoning of Tract A, in which are located the proposed borrow sites, the building for which Royal Large has submitted an application for lease for the purpose of establishing a concrete block manufacturing plant, and the 20 acres applied for by the Soil Conservation District, was discussed. An exception was previously granted on the area for use as borrow sites and gravel stockpiling. The alternatives of leaving the area zoned Conservation, with the proper exceptions granted, vs. rezoning the area to Industrial, were discussed, It was pointed out that the Assembly had previously indicated an interest in eventually using the area for recreation purposes when the borrow site leases had expired, and in this case the zoning probably should be left as Conservation. Mrs. Gellis felt that this would be unfair to the businessmen who were investing money in the borrow sites and plant sites, since each year they would not be sure whether their leases would be renewed or not. Mr. Fields, Mr. Stratman and Mrs. Longmire all expressed the opinion that this area should be zoned Industrial, since there was a definite need for this land use, and there were enough areas elsewhere that could be is ed for recreational purposes. Mr. Stratman questioned whether a slaughterhouse would be permitted in an Industrial zone, and the question was raised if borrow sites would be permitted. It was pointed out that under the section on Industrial zones in the ordinance, the uses which are prohibited are listed, rather than those which are permitted. Fumes, odors and noise are among the list of items prohibited, and therefore any plants which would be established would have to be outfitted to avoid these disturbances. After further discussion, Mr. Brothers moved, seconded by Mrs. Gellis, that Tract A be rezoned to Industrial. I -lotion carried by unanimous roll call vote. It was pointed out that Tract B, to be used for additional borrow sites if necessary; and the Navy gravel tracts and the highway gravel area should possibly be zoned similarly.. However, no action was taken. The Bells Flats Subdivision was then taken into consideration. It was pointed out that if this area were rezoned to Residential Unclassified, it would then become Rural Residential if the proposed Zoning Ordinance is adopted. Mrs. Gellis felt that the proposed Rural Residential zoning should include possible exceptions for small businesses such as a grocery store. The concept' of allowing these exceptions vs. zoning an entire area in Bells Flats to be used for commercial purposes was discussed. This will be decided later when the weather permits on site investigation of the subdivisions. After further discussion, Mrs. Gellis moved, seconded by Mr. Wallace, that the Bells Flats, Alaska Subdivision be rezoned from Conservation to Residential Unclassified, Motion carried by unanimous roll call vote. The map of the Russian Creek Subdivision was studied. Since some of these lots had been originally planned for commercial use, it was decided to postpone the decision on the recommendation for the zoning until the area was accessible for on site review. Mr. Wallace moved, seconded by Mrs. Gellis that the recommendation on the rezoning of the Russian Creek Subdivision be postponed until the next meeting. Motion carried by unanimous roll call vote. Il The Commission concurred in requesting recommendations from the Building Inspector, Engineer and Sanitarian before recommending an area to be used as a dump site. Also to be determined are school sites and recreation sites, including lots to be withheld from the sale for recreation purposes. After further study of the map and a review of the Jaycees regte st for a lease in the area, Mr. Wallace moved, seconded by Mr. Welch, that the area set aside for +hp Tavro.ps be. rezoned to Public Recreation. -Motion carried by unanimous roll call vote. - - - - KIBS272629 It was agreed that the Commission would hold a public hearing on the rezoning of the entire area after all of the recommendations have been decided upon, before presenting them to the Assembly., PLANNING & ZONING COMMISSION- - -k r-ch_26t 1963 3 In connection with the zoning of the area, Mr, Royal Large was present to discuss -the status of his application for a lease on the building formerly used by the stockgrowers. Mr. Large felt that the lease should be negotiated with him, instead of being opened to public auction, since at the time of his application no other interest had been expressed in the building. P&Z had approved his application without taking care of the zoning of the area, since the exception previously granted had only been for gravel removal and stockpiling, and not for the manufacture of concrete blocks. Other interest in tie building hag been expressed since the receipt of his application, and the Borough Chairman feels that the lease should be offered to the public. The attorney had not been contacted on this matter. Mr. Fields stated that a public meeting had previously been held v7th..,tbo thF Tr- ugh Chairman and all of the parties interested in various leases in the Bells Flats area, It had been agreed among them at that time that any conflicts of interest should be resolved by March 1 so that they could submit applications for the desired leases. The cattlemen's association had previously leased the building desired by Mr. Large, and had made improvements in it. However, they agreed to forego their interest in the building since the Borough had already agreed to give them title to a 20-acre area thrugh the Soil Conservation District, The cattlemen felt that Mr. Large had done considerable work already in order to obtain his lease, and since no one else had expressed interest in the building at that time, the lease should be negotiated with Mr. Large. The Commission felt that Mr. Large's rights should be protected. After further discussion, Mrs. Gellis moved, seconded by Mr, Wallace, that the Commission go on record as recommending to the Assembly that Mr. Large should be allowed to lease the building site on a negotiated lease basis, since at the time of the submittal of his application, all other interested parties had ample time to indicate an interest and did not, and further that at a meeting held in the Borough Office between all parties interested in the Bells Flats area, it was Motion carried by unanimous roll call vote. I It was further pointed out that befoee anything further could be accomplished on Ithe lease application, including the appraisal, the zoning must be determined. Also, a determination would have to be made on the amount of land to be included with the building in the lease, Mr. Large had applied for up to 2-1/2 acres, and P&Z had approved the inclusion of this area. Mr. Large requested that since P&Z was recommending that all of Tract A be rezoned to Industrial, and this rezoning would take some time, that an additional exception be granted on the area which would allow the manufacture of concrete products, so that the matter of the zoning would be taken care of right away. The Commission agreed that this should have been included in the previous exception, since the manufacture of concrete blocks is closely tied to the removal of gravel, and that the community has a great need for this product. Also, since the intent is to rezone the area to Industrial, the exception will not be inconsistent with the overall plan for the area. After further discussion, Mr. Welch moved, seconded by Mr. Brothers, that an exception be granted by the P&Z Commission on their own initiative to allow the manufacture of concrete or cement products within Tract A of the Borough land in Bells Flats. Motion carried by unanimous roll call vote, VIII SUBDIVISIONS, PRELIKNARY REVIEW — None IX F X SUBDIVISIONS, FINAL -- None OLD BUSINESS KIBS272630 A. commendations on Proposed Amendments to Borrow Site Ordinance. The recommendations received from Rolland Jones and Sam Best were reviewed. It was explained that the applications for leases were being postponed until after the snow was gone, in order to facilitate the survey work on the part of each applicant. Airs. Gellis felt that no delay should be necessary, since the survey work done by Barr and Assoc, in Port Lions had been done in the snow, Mr. Jones' recommendation that the ordinance be amended to provide for the Borough to subdivide the area, rather than the applicants, was discussed. It was pointed out that this would be a considerable expense for the Borough. It was finally decided that it be recommended to the Assembly that the surveying of the boundaries of each area be left up to the applicants. PLANNING & ZONING COMMISSION - Narch 26, 1969 4 It was agreed to accept Mr. Jones' recommendation that excavations be kept at a minimum of 40 feet from the center line of existing roads and that each site be limited to a 10-acre maximum instead of 20 acres. The Commission agreed that royalty charges should not be reduced on excavation below the water table, since they did not think that it would be wise to encourage the contractors to mike very deep pits. A discussion was held on the price to be charged per yard. It was explained that under the present ordinance, a minimum annual charge of $1200 would be made, which would be paid in advance and would not be refunded. Mr. Large stated that he felt the cost should be kept down, since it would keep the cost of construction down. Also, he was of the opinion that there were other gravel sources available, Mr. Waller stated that this was not the case. Mr. Fields said that there is gravel available in the Anton Larsen Bay area, but only when the fish are out. Also, the gravel removal there has destroyed the streams as far as their being usable by the fish. It was pointed out that Mr. Best had determined after investigation that in no case was the price lower than $.25 per yard in any other areas. Mr. Waller stated that in one case in Anchorage, the price was $.60 per yard. The Commission recommended that the price be included in the ordinance. They also recommended that payments should be made every 3 months instead of annually. Mr. Fields inquired why Brechan Enterprises had not yet paid for the gravel they have removed. It was explianed that they had offered to pay, but the price has not yet been determined. The Commission concurred in recommending that both Mr. Best's and Mr. Jones' recommendations concerning the clean-up of the areas after the leases have expired be adopted. This will require any lessee who abandons or ceases to use his site within any given 6-month period to insure that no slopes are left in a condition which are at a grade greater than that which will stand. The working face shall be sloped to 2:1 slope and the bottom leveled. Final inspection of the area shall be made by the Borough. The sites shall be finished and graded so as to be left in a neat, acceptable condition. Grading shall be to a degree that water will not collect or stand therein, and so that water pollution will not result in the event of possible erosive action within the pit, except that draining of material sources used as bail sites will not be required. Mr. Jones had suggested the possibility of bond being required to insure the clean-up of the sites. However, the Commission felt that this might be too difficult for the smaller contractors. They felt that collecting the charges on a quarterly basis, plus the $1200 prior payment which is required, would be a tight enough control. 1.1 PLANNING & STAFF ITETIS -- A. Work Session on Proposed Zoning Ordinance. It was agreed to postpone the work session due to the lateness of the hour. It will be held on April 2 at the Borough Office at 7:30 p.m. %II AUDI1210E COM?2NTS — None LII ADJOURN-h07 - The meeting adjourned at 11:05 p.m. IAPPROVED: Respectfully submitted, KIBS272631 Sally flendr' , Clerk/Treasurer