Loading...
1975-12-17 Regular MeetingKODIAX ISLAND BOROUGH PLANNING & ZONI19G COMMISSION DECEMBER 17, 1975 I CALL TO ORDER The meeting was called to order at 7:35 p.m. by Planner Will Garisc, in the Borough Meeting Room, Borough Building, Kddiak. II ROLL CALL Present Absent Bill Williams Tom Hayden Donald Brenteson Dan Busch Dan Ogg Harold Heglin Paul'Lowe Approximately 15 people in the audience Mr. Gariss stated that the first course of action would be the electior of a Chairman and Vice -Chairman. Mr. Ogg moved to nominate Tom Hayden, Mr. Brenteson moved to close the nominations, seconded by Mr. Heglin. After some discussion Mr. Ogg moved for unanimous vote for Tom Hayden and,.should he decline the vice-chairman will become chairman and a The question was called and motion passed by unanimous roll call vote. Nominations were opened for vice chairman. Mr. Busch nominated Mr. Heglin, who declined the nomination and nominated Mr. Paul Lowe, seconded by Mr. Brenteson. Mr. Busch moved to close the nominations, seconded by Mr. Oaa. Motion passed by unanimous voice vote. Question Mr..Paul Lowe accepted the chair as Vice Chairman. III 14INUTES FROM PREVIOUS MEETING A. Planning & zoning - Regular Meeting - October 22, 1975. Mr. Heglin moved to accept the minutes of the previous meeting as pre seconded by Mr. Brenteson. Motion passed by unanimous voice vote IV MINUTES FROM OTHER MEETINGS A. Assembly - Regular - November 6, 1975 B. Assembly - Special - November 10, 1975 C. .Assembly - Special - November 14, 1975 D. Assembly - Regular - December 4, 1975 E. Assembly - Special - December 1, 1975 There were no comments on the minutes as presented. V COMMUNICATIONS & CORRESPONDENCE REQUESTS A. better from Mr. Lee Russell Requesting Extension o District to encompass Tract "J". U. S. Survev 1678. re i( the Vice Chairman: Mr. Ogg moved to accept the letter and put forth for a public hearing at the next regular meeting, seconded by Mr. Busch. In reply to question as to what changes this would make, Mr. Gariss noted that this would allow one or two family dwelling on smaller lot sizes than required under conservation. Mr. Gariss furt-.hel noted that this would extend the present classification and would re a change in boundary lines and would bring another area zoned Unclassified into harmony. Mr. Gariss stated that the Commission did not have to have a public hearing and that a public hearing is only held when p & Z feel it necessary. Mr. Ogg withdrew his motion with the approval of the second. Mr. Ogg then moved to accept the proposal and send a recommendation to the assembly,_ seconded by Mr. Heglin. Motion passed by unanimous roll call vote. Noted that a public hearing will be held by the Borough Assembly when they are considering the ordinance for this change in zoning. KIBS272892 KIB PLANNING & ZONING - DECEMBER'17'. 1975 "` --:..Page 2 B. Mike Shockley Regarding Vacation of Lot 25D and 25E, and Subdivision'of. Lot 24, U. S. Survey,3098. Mr. Shockley noted that he would be vacating Lot 25D and 25E to establish an access road to the proposed lots on 24. He further stated that there is City sewer and water available and that the City has okayed the hookup of these lots. In reply to question concerning city utilities to lots not within the City limits, Mr. Shockley stated that the City has approved the annexation of this lot. Mr. Gariss pointed out.the responsibilities of the Commission in review of a preliminaty and final plat and that is to determine if the subdivision meets the design criteria established by the Borough Code. The preliminar; plat has been reviewed by the engineer and he noted a few items that are.to be included in the plat, such as location and size of existinc_ walrer; sanitary sewer is to be installed; lot frontage; name of subdivision and names of adjacent owners. These have been corrected and the subdivision does meet the design standards. After.discussic on the drainage, Mr. Heglin moved to approve the preliminar plat, for.Mr. Shockley, seconded by Mr. Busch. For the record', the Vice"Chairman noted that the final plat will not be approved for recording un:til'all the corrections have been taken care of.and that the City of. Kodiak. will in fact supply the needed utilities. The acceptance by the City for hookupshould be in writing. The question was called'and the motion passed by unanimous roll call vote. C. Rezoning Request - Lots 1 and 2, Block 6, Miller Point Alaska Subdivision from Unclassified to Industrial, Len Grothe. A letter from Mr.. Grothe was:read requesting,ths rezQpinq and the reply from the Borough Planner was also,.read into the record. As presented this request constitutes "spot zoning" and spot.zoning'is invalid and wc::d be,ri-conflict with the Borough Code. The Planner's letter indicated'that,the proper procedure would-be the initiation of a petition with signatures of property owners to create an industrial district of significant area to meet the needs of the community. This could be considered during the time.that the Commission is i - dating the Comprehensive Plan. Mr. McBride was in the.audience < 1 noted that he had been one of the residents to protest this rezoi ig some time.ago and that he appreciated the remarks made by the Commis: I concern for •the people who purchased'residential`,lots. Mr. Williams moved to table pending "further correspondence from Mr. Grothe, motion died for lack of a second. Mr. Ogg moved to deny Mr. Grothe's request, seconded by Mr. Brentesor Question was called, motion passed by unanimous roll call vote. D. Letter from.Lee Russell. Requesting,A Waiver of Improvement Requirements Prior to Recording, read bX the Vice Chairman, stating his desire to have.the plat recorded prior to the completion of a sewer line to the subdivision. The Borough Planner indicated that there are two ways this could be done, Mr. Russell could be,required to post a bond in the amount of the improvement or the Commission could accept a covenant on the plat that all „of the lots in any subdivision shall be subject to assessment for any of the improvement required herein.when installed at a future time by'the Borough. Mr. Brenteson moved to accept the proposal with the second option of the covenant so that,Mr. Russell can go ahead with the planned salewith theobject to.protect the Borough, so that the property owners will pay for this, motion died for lack of a second. (^� Mr. Ogg moved to accept the letter of waiver with a covenant attJ hey and:sent to the City of Kodiak. for acceptance prior to recozdina casting a negative vote. E. Request For Change in Zoning from R-2 to R-3, Lots 7 & Block 1. Rodiak Townsite. 'submitted-bv Whitnev-Fidalcro Sea Clyde Lovett, for the purpose , of construction of a bunkhouse. Mr. Gariss indicated the area in question on the map, noting that the property is adjacent to Business and that the boundary could be changed to encompass these two lots. -The rezoning to R-3 would be spot zoning unless additional lots were taken in to extend the R-3 zoning presently there. A member of the audience stated that this had been requested several years ago, however the residents had KIBS272893 PLANNING & ZONING - DECEMBER 17, 197 Page3 F hbjected to this type of use. Mr. Busch no next regular meeting; seconded by Mr. qgg. unanimous roll call vote. The pU%!1iC hearing will 1976. F. Letter Requesting Designation as Home Occupation, Janet'Heitman, read in full. Mrs. Heitman requested that activities consisting of limited sales of candies and candles in residence located in Baranoff Heights Subdivision, Lot 3, Block 4, be classified'as a home occupation as allowed in the Borough Code. The Code was check and Mr. Brenteson moved that a letter be sent stating that under Title 17.18. audience asked if this was homemade candy, the Commission noted that it'was not. The question was called and the motion passed by unanimous roll call vote. ......... . VI PUBLIC HEARINGS A.; Exception to Code for Lot 16A, Block 51, East Addition The letter from Rev. Bob Childs was read for the benefit of,the audience stating that the request was for an additional use of the property as a Group Home. Such a facility would be licensed by the State to house a maximum of five young people. This facility would serve young people related to the Division of Corrections aid only those would benefit from a foster home setting would be accepted for the program. The facility would be operated by the Kodiak'Baptist Mission. Rev. Childs indicated in his letter that he had talked w°th several of the nearest neighbors and no one had objected. Mr. Ogg moved to accept this.additionil use application, seconded by.Mr. Brenteson. Tegular meeting was c�ose�and the public hearing opened. There were several people in the audience,;who were residents in this area and who objected to this use in an R-1 zone. Mrs. Alma Epps stated that she felt this should be a,program carried on under the Baptist Mission on Mission property. Mr. Woodruff, a next door neighbor voiced his objections to this type of.facility,being placed in this area as did Mr. Cuthbert. Ellen Carter stated that she lived two doors away, had a four year old son and did not want to raise him in this type of environment. All agreed that this was a good program to have, but not in this R=1 zoning. Concern was voiced about the supervision that the youngsters would have and whether or not this would be on a 24-hr ,basis.,..Mr. Peter Jackson voiced his objections to this additional uie,..,however stated that should this be allowed it should be for this particular case and tha``once the program was no longer in effect the variance should" be' discontinued.' A letter was fead into the record from Ronald Carter, Voicing his objections to this additional use. The public hearing was closed and ,the regular meetingreconvened. At this;.point, the Vice Chairman called for a ten minutes recess.- - Meeting reconvened at 10:10 p.m. Mr. Busch moved to amend the motion that this additional use permit be granted for a period of o4e year and that anytime young people are in this buildin there will be an adult supervisor at all time, after the one year period this will be brought back to Planning and Zoning for additional review;'seconded.:bv Mr. Brenteson. Ouestion called on the amendment The question was called on the main motion as amended, and motion passed with a five to one roll call vote, Mr. Williams casting a Mr. Woodruff 'asked about an appeal, the Commission noted that an ,,appeal could be filed by any aggrieved party with the Borough Clerk within ten days. Mr. Woodruff also asked that a check be made to determine whether or not this facility would be operated as a non- profit business or would it be operated for capital gain. KIBS272894 KIB PLANNING & ZONING COAMISSION - DECEMBER 17, 1975 Page 4 VII SUBDIVISIONS, PRELIMINARY The Vice Chairman asked for agreement w move Item "C' up on the agenda at this time, no objections were voiced, so ordered. C. Review of Perez Trailer Court Plans. The City Engineer had reviewed the Trailer Court Plans and noted several items. 'It wr suggested that the road R.O.W. be vacated by 15 foot on either : le of the road easement. Mr. Gariss noted that the property behin( this is zoned R-3 and would preclude additional trailer parks so he would recommend reserve of the road easement. The court calls for a total of 21 trailers, sewer will be hooked up to the sewer outfal7 presently serving Powell's trailer court. Mr. Heglin moved for apublic hearing on this at the next re ular meeting, seconded by Mr. Brenteson. Motion passed by unanimous roll call vote., pe regular agenda items were taken up at this time. A. Vacation of Lots 3 & 4 a invoivea ana in answer to question s noted that this would allow for a c trictions. Mr. Busch moved to submit a lock 2 and a portion of bers). Mr. Gariss rioted the concerning the rea8on for hange in the height this at the next regular y Mr. Brenteson. Motion casting a neaative'vote_ B. Review and Approval of Preliminary Plat, Tract "J1°, U. S. Surve 1678, Lee Russell. Mr. Gariss noted the location o the ub ivision and indicated that perk tests would have to be made on each lot. He further stated that there are new regulations regardin water systems and have been established by the State. The engineer has reviewed the plat and it does meet the code standards. Cone '-n was voiced as to whether or not there is sufficient water to sex all lots, Mr. Gariss indicated that this was not the concern of._..ie Commission, it would be a buyer -beware situation. Mr. Brentesormov to accept the reliminary plat with the condition that the' erk test is made before a final plat is brouaht hack. seennded by 1, nuscn, notion passea with a tive to one vote; Mr. Lowe casting a;: NO vote. D. Trailer Court Review - T. T. Jackson. Comments by the engineer indicate that Mr. Jackson meets most of the code requirements. Ther a'a.need for additional parking area and no snow storage was provid The utility system is considered adequate, however the appj,ican£ will be required to obtain permission from the City of Kodiak to connect to the water system and from the State of Alaska Dgpartment of Highways for a permit to enter the right of way for congtruction of the waterline. Mr. Ogg moved to accept the_perliminary plans with the engineer's recommendations to he comnleted nrinr fn VIII SUBDIVISIONS, FINAL A.. APA Vacation and Replat of Lot 4, Block 18, New Kodiak Subdivisi Tideland Tracts N-11 and N-27 and a Portion of U. S. Surve 559 O U. S.. Survey.1797 (replat to Lots 4-A, 6, 7, Block 18,(New R .ia Subdivision. Mr. Heglin moved to accept the final plat seconded , by Mr. Ogg. Motion passed by unanimous roll call vote. B. Vacation and Replat of Lots 19, 20, 21 and 22, Block 5, Erskine Subdivision, Schwaab. This has been reviewed by the Becough Enginee, and the plat has been corrected in accordance with that review. Prior to being recorded the owner will have to resolve the problems with the City of Kodiak regarding the hookup to sewer. Mr. Brenteso: moved to accept the final plat with the stipulation that the connection to the sewer will be established prior to rec-o-r-cfInq of KIBS272895 KIB PLANNING & ZONING COMMISSION - DECEMBER 17, 1975 Page 5 C; Vacation of llth Avenue, reviewed by the engineer and Somments noted. Mr. Busch moved to approve the final plat of the vacation and replat of llth avenue, seconded by Mr. Heglin. Motion passed by unanimous roll call vote. D., Final Plat, Lot 1, Block 1, U. S. Survev? 2843, Emmons. Reviewed and corrections made in accordance with the review. r- The Planner noted that there is City sewer and water available to these lots. The new interceptor line for the city sewer goes across the lots. Mr. Heglin moved for approval of the final plat as su8umitted, seconded by Mr. Busch. Motion passed by unanimous E. Final Plat Subdivision of Tract E-1, U. S. Survey 3218, Pearson. Plat reviewed notation made that it meets the reguirem of the code. Mr. Brenteson moved to accept the final plat as corrected, seconded by Mr. Ogg. Motion passed by unanimous roll IX PLANNING AND ZONING ITEMS A-1. Mr. Hervey request for a variance as his house is sitting over the lot. line. Mr. Hervey noted that he had tried to locate the stakes, had requested a survey of the lot prior to building, however the surveyor was out of town. He had asked the city engineer, acting in the capacity of the building inspector, to check the lot lines and was authorized to go ahead with the ground work. Through an error in calculation he had built not only over the lot line but nine feet into the right of way. The solution will require an easement from the City for the life of the building 4nd a variance from the Commission. There are four requirements set out in the code that have to be met before the commission can grant this variance. A public hearing has to be held also and this will allow time for the City Council to come t-- some decision. Mr. Busch moved for a public hearing at the next reaular meeting A Discussion of Comprehensive Plan, goals and objectives. The Planner handed out copies of the goals and objectives and requested authorization from the Commission to seek public input regarding these. The public input will be brought before the commission for discussion and the update of the Comprehensive Plan, which is due by the end of April, will be taken from this review. The Commission was in agreement with this course of action. Further Mr. Busch moved that a work session be held prior to the next meeting, seconded by Mr. Brenteson. Motion passed by unanimous voice vote. Work session set for January 14th, 7:30 p.m. in the downstairs conference room. X AUDIENCE COMMENTS - NONE XI ADJOURNMENT The meeting was adjourned at 12:15 A.M. SUBMITTED: Borough.Clerk KIBS272896