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1974-05-22 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MEETING MAY 22, 1974 CALL TO ORDER The meeting was called to order by Chairman, Mr. John Welch, at 7: 40 p.m, in the meeting room of the Kodiak forough Building. II ROLL CALL PRESENT ABSENT Mr. John Welch, Chairman Mr. Paul Stover Mr. John Burnham Mr. Tom Terry Mrs. Wilda Gellis Mr. Gene Erwin Mr. Jerry Holt III MINUTES FROM PREVIOUS MEETING A. P&Z-Regular - April 17. 1974 - Mr. Holt moved for approval. IV MINUTES FROM OTHER MEETINGS A. Assembly - Regular - May 2, 1974 - No Comments V COMMUNICATIONS & CORRESPONDENCE A. Letter from Rock James, PCA Bookkeeping, requesting an Exception to put a Business in an R-1 Zone - It was noted that this exception was allowed for in rd� inance 67-5-0. Mr. Holt moved for approval of the request. Seconded by Mrs. Gellis. Motion passed by unanimous roll call vote. B. Letter from Huey DeViIle; RE: Rezoning Request of Additional Lots 10, 11, 12, A Iman Lalande and Lots 5-8, Block 48, Eas_t ddiU from Unclassified to Business - Mr. Ecklund explained the location of the lots. Mr. Holt moved for public hearing. Seconded by Mrs. Gellis. Motion passed by unanimous roll call vote. C. Letter from Charles Powell, RE: Rezoning Request for Tracts "D" & "E", U. S. Survey 1396 from Unclassified to Business - Mr. Powell did note in his letter that tracts "A" & "B" would probably request to be rezoned to business in the near future. Mr. Holt moved for public hearing. Seconded by Mrs. Gellis. Motion passed by unanimous roll call vote D. Letter from Shorty Taylor RE: Rezoning Request for Tracts "M" & "N", Russian Creek Subdivision from Unclassified to Business - Mr. Holt stated that the Planning and Zoning Commission needs to work up a pTan for the area out at Bells Flats and Russian Creek. He further noLbd that they had a plan for the area out there prior to the 54, a arrd'Tt was rejected. Mr. Taylor described where his lots were in relation to the map and his plans for business development. Mr. Hickman recommended that everything within the loop road be rezoned to Business. Mr. Holt moved for public hearing on the rezoning of Tracts "G, H, I, J, K, L, M, N, O, in the Russian Creek Subdivision and the Brasie lease from Unclassi ie—� cl to Business. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. E. Letter from Lester Lemons/First National Bank Requesting the Rezoning of Lot 8, Block 55, East Addition from R-1 to R-2 - Mr. Hangstefer stated the permit was issued in early August of 196464 an�reguiatio'rK4ere adopted late in August of 1964 after the permit was issued, so these houses have grandfather's rights. Mr. Holt recommends that the whole area should be rezoned to R-2. KIBS272812 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING PAGE 2 MAY 22, 1974 (E, continued) The commission requested that we find out the Attorney's opinion on Grandfather's rights. Mr. Burnham moved to table the request until the next meeting for further information. Seconded by Mr. Holt. Motion passed by unanimous roll call vote. F. _Letter from Joe Zentner, Requesting the Rezoning of U. S. Survey 4970 from Conservation to Unclassified - This area is located by Psagshak River. Mr. Erwin made a motion to approve for public heari Seconded by Mr. Holt. Motion passed by unanimous roll call vote. G. Rezoning Request for Lot 27, U. S. Survey 3099, from Unclassified to R-1, William German & Tom Terry - It was noted that the sewer mail runs right through the property. The Commission stated that they had tried to rezone this area before, since it would probably go R-1 anyway and It was turned down. Mr. Holt moved for public hearing on the rezoning of U. S. Survey 309 (from Unclassified to R-1 . Seconded by Mrs. Gellis. Motion passed by unanimous roll call vote. VI PUBLIC HEARING A. Vacation & Replat of Lots 44-47, Block 19, U. S. Survey 2537-13, anc Lots 1 & 2, Block I, Hinckel Subdivision - Mr. Hickman stated that the purpose was to vacate interior lot lines for apartment expansion. Mrs. Gellis made a motion for approval of the vacation and replat of Lots 44- 47, Block 19, U. S. Survey 2537-B and Lots 1 & 2, Block 1, Hinckel Subdivision. Seconded by Mr. Burnham. Mr. Welch closed the regular meeting and opened the public hearing. There being no comments, he closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. B. Vacation & Replat of the Resubdivision of Lots 1 & 3, Block 8, Leite Addition - George Vogt - Mrs Gellis made a motion to approve the Vacation & Replat of the Resubdivision of Lots 1 & 3, Block 8, Leite Addition. Seconded by Mr. Holt. Mr. Welch closed the regular meeting and opened the public hearing. Mr. Mackey stated that all he wanted to do was give Mr. Vogt 9 or 10 feet to correct the encroachment. Mr. Welch closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. C. Variance Request for Backyard Requirement on Lot 34 Block 19 Kodiak Old Townsite - Wayne Thorpe_- Mr. Erwin made a motion of approval on the variance request. Seconded by Mr. Burnham. Mr. Welch closed the regular meeting and opened the public hearing. There being no comments, he closed the public hearing and reconvened the regular meeting. Motion passed by unanimous roll call vote. r D. Rezoning of Lots 2, 3, 4, Allman LaLande from Unclassified to Business - Huey DeVille - Mrs. Gellis made a motion that we approve the Rezoning of Lots 2, 3, 4, Allman LaLande. Seconded by Mr. Erwin. Mr. Welch closed the regular meeting and opened the public hearing. Mrs. York stated she thought her lot should be rezoned to business also. Her lot only has a use permit on it and if this is rezoned, her's should be able to be rezoned also. P&Z noted that they were in favor of rezoning the lots previously, but the Assembly turned it down. The Commission stated that at the end of the meeting they will recommend the whole area be rezoned to business for conformity. Mr. Welch closed the public hearing, and reconvened the regular meeting. Motion passed by unanimous roll call vote. KIBS272813 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING MAY 22, 1974 PAGE 3 r_ VII SUBDIVISIONS, PRELIMINARY A. Port Wakefield Subdivision - Mr. Ecklund stated that this plat is redoing the old Port Wakefield Subdivision, which took up four plats. Mr. Holt moved for approval of the preliminary subdivision. Seconded by Mrs. Gellis. Motion passed by unanimous roll tali vote. B. Mr Mr Subdivision of a Portion of U. S. Survey 4970 - Joe Zentner - rCKiuno gave a Dr Holt moved for aDt unanimous roil ca riptton on where these lots were located. Seconded by Mr. Erwin. Motion passed C. Subdivision of Lot 27, U. S. Survey 3099, T. Terry/Wm. German - Mr. Ecklund noted that a 20" force main and and 8" main goes through the middle of the lot. Mr. Holt moved for approval of the preliminary subdivision, with the stipulation that no construction be put on the lot until city sewer and water are available for hook up. Seconded by Mr. Burnham. Motion passed by unanimous roll call vote. D. Lots 5A & 5B, U. S. Survey 3099, Emmons - These lots are served by City water and can easily be hooked up to sewer if need be. Mr. Holt moved for approval. Seconded by Mrs. Gellis. Motion passed by unanimous E. Vacation & Replat of Lots 4-9, Block 4, Monashka Bay Subdivision, Houser, Nordgulen/ Kodiak Island Borough - Mr. Hickman stated that we were also vacating the school reserve to make it one big lot plus giving the other owners 25 feet to conform with lot requirements. Mr. Holt moved fcr approval for public hearing. Seconded by Mr. Erwin. otNT Lion passed by unanimous roll call vote. stated that they had option to buy this land about nine years ago and n F. Kodiak Western Airlines - Tract "A", U. S. Survey 3468 - Mr. Hickman Stated that they had option to buy this land about nine years ago and now the Borough is selling it to them. Mr. Burnham moved for approval. Seconded by Mr. Holt. Motion passed by unanimous roll call vote. G. U. S. Survey 2539 - Tracts "A" & "B", Bio-Dry/City of Kodiak - Mr. Ecklund stated that the new water line is going through this area. This land is still owned by the City of Kodiak. Mr. Holt moved for approval. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. Vlll SUBDIVISIONS, FINAL A. U. S. Survey 108e4lieity of Kodiak - Mr. Ecklund stated that cn»+e of this area was described as metes and bounds and was very confusing. This would put the lots into better conformity. Mr. Holt moved for approv of the final plat. Seconded by Mr. Burnahm. Motion passed by unnimous roll call vote. B. U. S. Survey 5667 - Jake Blanc - Mr. Ecklund explained the sub- division to the P&Z members. Mr. Holt moved for approval. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. KIBS272814 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION PAGE 4 MAY 22, 1974 IX P&Z ITEMS A. Resolution 74-20-R - Approving New Official Zoning Map - Mr. Holt moved for approval. Mrs. Gellis had a question on the Public - Semi -Public on the zoning. It was not in the Code, so how could it be described. She wanted the staff to find out if this would be in the codification. The r- motion was seconded by Mr. Erwin. Motion passed on the following roll call vote: Mr. Erwin - YES, Mr. Holt - YES, Mrs. Gellis - NO, Mr. Welch - YES, Mr. Burnham - YES. B. Ratification of Motion Taken at Worksession to Accept Ordinance 74-19-0 As Written - Mr. Hangstefer stated that the regulations in the Uniform Building Code, adopted by the Kodiak Island Borough would probably take care of our problems and this ordinance would not be necessary. He further stated that the previous ordinance restricted the whole Kodiak Island Borough. Mr. Holt felt that it did not pertain to excavation of property. Mr. Hangstefer stated that if they submit a letter of intent that it is a development and not a quarry, he would have to believe them. Mr. Burnham asked Mr. Hangstefer if the Uniform Building Code will protect the welfare of the people. Mr. Burnham further asked Mr. Hangstefer if the U. B.C. had good guidelines to go by and is the proposed ordinance completely unnecessary next to the book. Mrs. Gellis stated that if people wanted to remove more than 1500 yards of gravel, they should come before the P&Z Commission. Most of the people in the audience felt that they do not want people to control the use of their land, and that is what this ordinance would do. Mr. Benton felt that he should be able to cut all the trees on his lot if he wants to. Mr. Burnham stated that he felt that it was not difficult to restrict a person doing something to more than one platted lot, that he would have to come before the Commission on his intentions. Mr. Hangstefer felt that the Uniform Building Code was sufficient. Mrs. Gellis stated that quarries are exceptions in the U.B.C. and that you do not have to come to the Building Inspector. Mr. Burnham moved that this Commission denies the ratification of the motion taken at the worksession on Ordinance 74-19-0 as written. Seconded by Mr. Erwin. Mr. Erwin feels that if people adhere to the U.B.C. it will be okay. Question being called for, motion passed on the following roll call vote: Mrs. Gellis - NO, Mr. Burnham - YES, Mr. Holt - YES, Mr. Erwin - YES, Mr. Welch - YES. Mr. Holt moved - for approval of Ordinance 74-19-0 as sumitted except that within Section 2, Paragr_weaph.B, that the words "more than one" be changed to "one or more and that advise the Borough Assembly after a great deal of consideration of this ordinance, we have finally reached a point we can do nothing more with it again. Question being called for, motion passed on the following roll cell vote: Mr. Burnahm - NO, Mr. Erwin - NO, Mr. Holt - YES, Mrs. Gellis -YES, Mr. Welch -`71 j. - -- - C. City Minutes Recommending that Lots 19-29, Block 8, Aleutian Homes Su_bdivsion be Rezoned to Business - Kodiak Island Properties only objection is that this area not be designated to one use. Mr. Erwin made a motion that we hold a public hearing on the City Council's recommendation. Seconded by Mrs. Gellis. Motion passed on the�olowing roll call vote: rs. 'ellis - YES, Mr. Burnham - YES, Mr. Erwin - YES. Mr. Welch - NO. and Mr. Holt - YES _ KIBS272815 D. Recommendation from Building Inspector - Consideration be Given to Minimum Square Footage in Business Zone - Mr. Hangstefer stated that he has been approached by some people to build motels, but 1,000 square feet as the minmum requirement was too much, and he would like the minimum lot size changed. Mr. Hickman suggested that possibly 750 square feet might be enough. The Commission asked that a requirement be submitted from the people and also find out what hotels, and motels normally use in lot area. r KODIAK ISAAND BOROUGH PLANNING AND ZONING COMMISSION PAGE S MAY 22, 1974 E. Decision on Community Planning Survey letter - It was noted to the Commission that the Staff could probably do this when the Census was conducted. A number code of the areas or color code on paper could also be used to designate what area the response came from P&Z concurred with this suggestion. X AUDIENCE COMMENTS Mr. Hangstefer stated that he has had many request regarding location of campers. He would like to know what area the Commission would like to designate as a camper park. One suggestion was the VFW site, which had some previous difficuly with water and sewer access. The City owned some land by the Baranof Park, but this was in a residential area, the land the Borough owned across from the Amory and also the Baptist Mission field located on Mission Road was suggested. Mr. Hickman suggested the land right beside the School, where Ken Brady Construction kept his trailers, could be used during the summer months. P&Z suggested that the staff look into these possibilities and see if they were feasibly. XI ADJOURNMENT The meeting was adjourned at 11:40 p.m. ATTEST: APPROVED: r�- Norma L. Holt, Borough Clerk n Welch, Chairman KIBS272816