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1974-07-24 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MEETING JULY 24, 1974 IV V CALL TO ORDER The meeting was called to order by Chairman, Mr. John Welch, in the Kodiak Island Borough Office Building Meeting Room at 7:40 p.m. ROLL CALL 573.9fflTYIl Mr. John Welch, Chairman Mrs. Wilda Gellis Mr. Tom Terry Mr. Jerry Holt Mr. Gene Erwin Mr. John Burnham ABSENT Mr. Paul Stover There wereapprox i mate ly 50 people in the audience. MINUTES FROM PREVIOUS A. P&Z - Regular - June 19, 1974 - Mrs. Gellis made a motion to accept the minutes of June 19, 1974. Seconded by Mr. Holt. Question being called for, motion passed by unanimous roll call vote. MINUTES FROM OTHER MEETINGS COMMUNICATIONS & CORRESPONDENCE A. Letter from Archpriest Joseph P. Kreta - Request for Rezoning Tract "C", U. S. Survey 444 from Industrial to R-2 - Mr. Holt moved for approval for public hearing to R-3. It was noted that the area contiguous to this tract is presently zoned R-3. Motion was seconded by Mr. Erwin. Mrs. Gellis stated that this is a permitted use in industrial according to the zoning. Motion passed by unanimous roll call vote. B. Request from T. T. Jackson to develop five (5) additional spaces in his Trailer Court - The commission felt that this did not have to come before them for approval since it has already been approved in his plans. Mr. Holt moved that the commission voice no objection. Seconded by Mr. Terry. Motion passed by unanimous roll call vote. VI PUBLIC HEARINGS KIBS272824 A. Rezoning of Block 1, Lots 3A & 3B, Block 2, Lot 3;, Block 3, Lot 2; Block 6, Lots 1 & 2; Block 7, Lots 1 - 5; in the Miller Point Subdivision; and in the Miller Point Subdivision, First Addition; Block 10, Lots 1 & 2; from Unclassified to Industrial - L. Grothe, A. Hansen, R. Welborn; Joel Hayes, J. Madjic, and Andrew and Earlin Cessna - Mr. Holt moved for approval of the above rezoning request. Seconded by Mr. Burnham. Mr. Welch closed the regular meeting and opened the public hearing. Mrs. Zahn stated that a petition was handed into the Borough office and wanted to know if the Commission has received said petition. The petition was read to the Commission for their information. Mr. Ron Chase stated that he objects to the rezoning. It was noted that the people have to own 20%of the area included in the rezoning or own 20%of the land abutting the area being rezoned in order to require unanimous vote to pass. There were only three people on the signed petition that abutted the property presently being rezoned and their total area of land does not total the required 200. Mr. Chase stated that the petition does not meet the requirements for protest, but shows the general feeling of the property owners in the Island Lake and Monashka Bay area of not wanting this area rezoned to Industrial. Mr. Chandler stated that he feels that there is a businessrieed for that area. Mr. Eller objected to the rezoning also. Mr. Hansen stated he did not know that a petition was required now to the P&Z Commission and that he could have had a petition KODIAKIS.LAND BOROUGH PLANNING AND ZONING_CG[V11/ISSJOiv MEETING JULY 24, 1974- —" - PAGE 2 turned in with signatures in favor of the rezoning if it was needed. Dr. Spencer Falcon stated that this is a residential area and that it should remain a residential area. Mr. Ed Kozak stated that PEZ's decision tonite will set a preerbdenLe' for the entire area in Monashka Ba)a. Bay. Mr. Eller agreed with this statement. Mr. Szabo asked if it was usual procedure to specify what the people plan to do with their property when it is being rezoned? PEZ stated that it is not required, but it would help with rezoning if the people specified why. Mr. Horrace Simmons indicated that he was r— in favor of the rezoning ,and that the area is not residential but Unclassified and is a classification of its own. The commission noted that an Unclassified area permits one or two family dwellings, so therefore it is a residential zone. Mr. Szabo stated that he bought property in this area in 1971 and built on it in 1973 and that according to the Comprehensive plan the Borough has adopted, defines this area as residential and that PEZ should make decisions that are in harmony with the Comprehensive plan. He strongly objected to the rezoning. Mr. Hansen stated that he agrees with Mr. Szabo, but progress forces some areas to be rezoned. Mr. Louis Schneider stated that progress has a lot of ways to go, and that it can be orderly or disorderly and if this area is rezoned, this will be the end of residential building in the area. Mr. Madjic stated -that he feels the petition is against one person on the rezoning of his lots. Mrs. Schneider -stated that the reason most of the people are present toniyat :is because they do not want the type of rezoning- that -now -exists- on-M.ili_Bay. Road,_._. She further stated that she does not want her children walking through an Industrial zone to catch the school bus and this is what they would have to do, if this area is rezoned. Mrs. McBride asked if there was any limit to what you could in an industrial zone. The commission stated that there was no limit. Mr. Schneider stated that if the property is zoned industrial, it no longer will be a temporary matter as the situation is now, but will be permenant and more business will come in than what is presently there. Mr. Horrace Simmons stated that the lots being rezoned are not spot zoning, because they are all contiguous. A letter of objection was read from William Ross, property owner in the Monashka Bay area. Mr. Holt asked the two people present, concerned with the rezoning what they planned to.do. Mr. Hansen stated that he doesn't really care what its rezoned to, he wanted to clear the land for himself. He further stated that someone came up to him and said if we rezoned the land maybe we could get the press and people off our back. He does intend to build his home on this land. Mr. Madjic feels what he is going to do with his property is his business. Mr. Welch closed the public hearing, reconvened the regular meeting and declared a five minute recess at 8: 50 p.m. Mrs. Gellis stated that she would like the attorney's opinion on the letter of intent, carries any weight? She also stated that she does not believe a sawmill can be operated in an Unclassifed zone, as Mr. Hansen stated that it can be. The commission felt that this was a residential zone and should stay residential in accordance with. the Comprehensive Plan. Question being called for motion failed on the following roll call vote: Mr. Erwin YES M,r. TPrr N0, Mr. Burnham - NO, and Mr. Welch - NO and Mrs. Gellis - NO NO Mr. Holt - B. Rezoning of Lots 13A 5 13B, Block 7, Kodiak Townsite from R-3 to Industrial - Anthon�_ey Perez - Mr. Terry moved to accept the rezoning of Lots 73A E 136, Block 1, from K=3 to Industrial. Seconded by iVrs Celfis. Mr. Welch closed the -regular meeting and opened. the public hearing. This area is located behind r the Kodiak Electric Association. Mr. Jensen stated that he would like to know how close it is to his property. Mr. Johnson was present to show the people concerned, what KEA was planning to do. Mr. Welch closed the public hearing and reconvened the regular meeting. Question bein called for, motion passed by_unanimouusroll call vote. C. Rezoning Lots 1, 5, 6, 7 KIBS272825 8, 8 9, Allman LaLande Subdivision, Lots 24 25 Block 2, Allman Additionon and acts "A", "gn g C from Unclassified to Business - iVlr. U. �• Survey 7396 Seconded by Mr. Bumham. Mr. Holt moved for approval of the rezonin g. Welch closed the regular meeting and opened the public hearing. Mr. Schneider asked what kind of business would go in a business zone. Mr. Terry stated that you cannot manufacture products in a business zone, but you can sell manufactured products. Mr. Greenup had KODIAK ISLAND BOROUGH PLANNING AND ZONING COMiMISSION MEETING JULY 24, 1974 PAGE 3 a question about add-ons in a business zone. The commission noted that if the house was destroyed more than 50%, you could not rebuild a resident�'1f the area was zoned business and that you could not do anything to alter the life of the building (quoted from section 5.2.14 by Mrs. Gellis) Mrs. Greenup stated that most of the businesses located out there are just junk. It was noted that the City of Kodiak has a junk ordinance to control this. Mr. Dean asked about the value of the land, will the taxes go up. Mr. Hickman stated that they r will go up some, but very little, because the value of your land will increase but the value of your house will decrease. Mr. Welch closed the public hearing and reconvened the regular meeting. Mr. Greenup stated that he does not really object to the rezoning as long as taxes do not go sky -hi. Elmer Dean stated he does not object either. Mr. Holt amended his motion to read: "to leave a buffer zone screening effect as a recommendation from the planning and zoning commission " with the approval of the second. Motion passed by unanimous roll call vote. D. Rezoning of the Proposed Subdivision of a Portion of U. S. Survey 1396 from Unclassified to R-3 - Lee Russell - Mr. Holt stated that he thought the Commission was going to have the property description of the area being rezoned before rezoning. It was noted from the minutes that the preliminary subdivision was approved with the request for proper rezoning be done before final plat is approved. Mrs. Gellis stated that if we rezone this area R-3, we should advise the City Council about the road situation and recommend it be up -graded because of this subdivision. Mrs. Gellis also asked Mr. Russell about leaving some area in the proposed subdivision for a park, especially around the pond. Mr. Russell stated that he has approached the City on this, but he cannot make any firm committments as of yet. _Mr. Burnham moved that we approved the proposed subdivision rezoning from Unclassified to R-3 per the pre iminary subdivision already approved. Seconded by iMr. Holt. Mr. Welch closed the regular meeting and opened the public hearing. Mrs. Heitman would like to know the layout of tho subdivision. The commission felt that this was toodense a zoning for the area and the road situation would be a difficult problem with utility maintenance, fire hazard etc. Mr. Terry stated that he is personally against the rezoning. Mr. Welch closed the public hearing and reconvened the publi regular meeting. Question being called for motion failed by unanimous roll call vote. Mr. Hickman explained to the commission what area was actually zoned R-3, A-2 and what was actually zoned Unclassified. The commission suggested : - . possibly zoning ito R-2. Mr. Russell stated that it would not be economical for him to rezone to R-2. Mr. Burnham recommend that Block 1, and Block 3 of the proposed subdivision be rezoned to R-3 and Block 2 be rezoned to R-2. This would relieve some of the density. He further stated that no matter what the commission does, Aleutian Homes should not hinder any development in the area. Mr. Burnham moved that Block 1 and Block 3 be rezoned to R-3 and Block 2 be rezoned to R-2. Motion dies for lack of second. E. Vacation & Replat of the Subdivision of Lots SA & 5B, U. S. Survey 3099 - Margaret Emmons - Mrs. Gellis moved for approval. Seconded by Mr. Burnham. Mrs. Gellis stated that it was illegal to subdivide this lot this way. Mr. Terry stated that it is not served by sewer. A letter from Roy Madsen was read regarding the background of the subdivision and why it was being done. Mr. Welch closed the regular meeting and opened the public Hearing, there r being no comments from the audience, he closed the public hearing and re- convened the regular meeting. The commission felt that they could not allow this vacation & replat because of the lot size requirements. Question beincl called for motion failed by unanimous roll call vote. The Commission felt that the subdivision would make a sub -standard lot, even though it is still sub -standard as now subdivided Lr+nd to correct the situation they felt it should be owned by one owner. KIBS272840 KODIAK ISLAND Fraf;PUGH ^lY' NN!NG AND ZONING C01,AMlSSiC•P! sVEE';'1N ._ JULY 24, 1974 PAGE 4 VII Vill SUBDIVISIONS, PP ELIMINARY A. Letter from William Bardot to Vacate E Replat Lots 9 E 19, Block 8, Leite Addition - After review of the plat, Mr. Terry moved for approval for public hearing. Seconded by Mr. Burnham. Motion passed by unanimi roll call vote. B. P EOPosed Subdivision of U. S. Survey 1673 - Al Schaeffer - This area is located {n Monashka Bay. Mr. Burnham mov q trat the Comn fission approve the preliminary subdivision with the stipulation he request it be rezonedknclas::irrea arid arivnrt;,� f r seconded by Mrs. Gellis. Moti C. Subdivision of:; Portion of U. S. S and Game - P.crea _ r�cts -this area cnade a motion that the commissic y fir. Burnham. Motion passed SUBDiVISlotQS, FINAL meet! ro 4970 -State Department of Fish s located out at Psagshak River. approve this subdivision A. Tracts "A;' & "B", U' S. Survey 2539 - City of Kodiak - _Mr. Burnham moved for approva that tie Commission accept the final subdivisio— n, Seconded by —Mrs. Gellis. Motion passed by unanimous roll cal!e.^ote. B. Lots 44 - 47, Block 19, U. S. Survey 2537-B (Kodiak Townsite) and Portions of Lets 1 E 2, Block 1, Hirckei Subdivision_- Steve Coilins - Mr. Terry made a motion to accept thie fina{ plat. Seconded by Mr. Burnham. Motion passed by un--rimous roll call vote. FC. Lots 4-9,, Block 4, Monashka Bay Subdivision - Kodiak island Borough/ Houser/Nordquic;n - A1r Hic<+nan explained that the Borough sold the individuals concer d enough land to meet lot width requirements in order for them proper!,/ sub. :vide their lots, and that at the same time made lots 4-7 one lot for• future development of a possible school site. Mrs. Gellis moved to approve the fina! pie,c. Seconded by Mr. Erwin... Motion passed by unanimous roll call vote_ --- — D. Tract `F ", {J. Survey 3468 - Kodiak Western Airlines - Mr. Hickman informed the Commission that this area was zoned Service -Recreational. He further stated that the Commission should recommend that the land presently zoned Service-Pecreational and owned by the Borough be rezoned and leased as possible industrial sites. The Commission had no objection to the idea. Mr. Terry made a motion to accept the final plat on U. S. Survey 3463. Seconded by Mrs Gellis Motion passed b unanimous r cal—N ote_ol _ IX PEZ ITEMS Mrs. Gellis stated that it should be noted to trio Assembly that the reason C that they denied the rezoning request in the Island Lake area is because of the feeling it should remain a residential area and rezoning would not keep in harmony with the Comprehersiue Plan. SHe also noted that the lots requested to be rezoned were not contiguous. She further stated that we should asked the Borough Attorney if we (the Commission and/or Borough) could take the people involved to court for their illegal work at Island Lake and how much power the PEZ Commission has. X AUDIENCE COMMENTS KIBS272827 A. Mr. Larry Graber requec+ed that Lots 1-8, Block 8, Aleutian Homes Subdivision be rezoned to Business also. He noted thiat lots 1-4 are the: City of Kodiak, and lots 5-8 Ere his. :rhe Commission approved the request for rezoning Mr. Graber's lots, since it was contiguous to business, but not the City's lots until request from them is received. Mr. Burnham moved that we call for Public hearing on these lots, if Mr. (.rabEr garnishes written request. Seconded. by Mr: ?erry KODI AK ISLAND BOROUGH PLANNING S ZONING COMMISSION MEETING JULY 24, 1974 PAGE 5 X AUDIENCE COMMENTS (continued) Motion passed by unanimous roll call vote. XI ADJOURNMENT The meeting was adjourned at 12:00 p.m. ATTEST: Norma L. Ho It Borough Clerk KODIAK ISLAND BOROUGH P. O. BOX 1246 KODIAK, ALASKA 99615 APPROVED: John Welch Chairman KIBS272828 THIRD CLASS MAIL