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1975-04-23 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MEETING OF APRIL 23, 1975 CALL TO ORDER The meeting was called Io grder by Chairman, ,Ighn Burnham, at 7: 40 p.m. in the meeting room of the Kodiak Island Borough Office Building. II ROLL CALL PRESENT ABSENT Mr. John Burnham Mr. Sam Selvog Mr. Jerry Holt Mrs. Wilda Gellis Mr. Tom Terry Mr. John Welch Mr. Gene Erwin There were approximately ten people in the audience. III MINUTES FROM PREVIOUS MEETING A. P&Z - Regular - March 19 1975 - B. PQ - Special - April 1 1975 - Mr. Holt moved for approval of the minutes of March 49,, 1975 and.Aor.fl 1, 1975. Seconded bv Mr_ Plr nt,,,n n�«eA IV MINUTES FROM OTHER MEETINGS A. Assembly - Regular - April 3 1975 - No Comments r- B. Assembly - Speical - April 17, 1975 - No Comments V COMMUNICATIONS AND CORRESPONDENCE A. Letter from the City of Kodiak Re: Naming of Street in East Addition - The letter was read from the Acting Manager of the City of Kodiak requesting to name the 44 foot wide street in Block 47 of the East Addition to Petroff Street. Mr. Holt so moved to have the street named "Petrof ". Seconded by Mrs. Gellis. Motion passed by unanimous roll call vote. B. Letter from Kodiak Electric Association - Easements in Bells Flats and Russian Creek Area - Mr. Gariss stated that he had talked with Mr. Johnson, and the appropriate thing to do at this point was to give the Commission a chart with the description. The secretary noted that Mr. Johnson stated that they would be putting the line within the old sewer line Iccated at Bells Flats. Mr. Burnham stated that no motion was needed and requested that the chart be brought back to the next meeting for information. It was noted that the Assembly grants the easements. KIBS272864 C. Memo from the Building Inspector re: Lot 1, Block 6, USS 3464, Lot 10, r with copies of letter to Len Grothe issurng Stop Order and reply from Mr. Grothe - Mr. Terry stated that he, along with the Borough Planner, and Mr. Estes, was on the site today, and asked Mr. Gariss to give a resume of the situation. Mr. Gariss stated that the planning office has received complaints from individuals living within the area in that a natural resource excavation work was being dome without a permit. Mr. Gariss noted that there was some question as to whether a building permit expiresautomatically after one year or after 120 days of non-use. He further noted that the extraction of natural resources does require an additional use permit under our present municipal code. Mr. Gariss stated that a representative from the company involved with the rock being removed from this area, stated they would be jeopardized financially and have been relying on the rock from this area. Mr. Welch recommended that the Borough Assembly should pass judgement on this problem. Mr. Burnham stated that he would like to see a motion made that this matter be given to the Borough Assembly and the Assembly take the necessary steps to see KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION PAGE 2 MEETING ON APRIL 23, 1975 that the legal procedure of the stop work order be abided by. Mr. Ecklund stated that he believed that Mr. Grothe did not have enough land to abide by the slope and grade requirements of the code. Mr. Holt moved that the Commission make a recommendation to the Borough Assembly that the appropriate, strong, to comply w ued on April 15, 1975. Motion passed by the followinq roll call vote: Mr. I erry - Yt= Mrs. Gellis, - YES, Mr. Erwin - NU, Mr. Welch - YtJ, Mr. Holt - Ytz:p, nor. Burnham - YES. Mr. Welch suggested that the Borough advertize the code of ordinances again for about three weeks and let the people know what they are about and what they have to live by. Mr. Burnham stated that we would take this up further under PSZ Items. VI PUBLIC HEARINGS A. Rezoning of Lot 24, U. S. Survey 3098 from Unclassified to R-1 (Mill Bay D,. Al - &Ai-t—1 n. ., _ n r„ WHEW fkot c n m n .A k,, tF,. City Clerk prior to the meeting that Mr. Shockly had not started proceeding to annex into the city limits and until such time that he does he cannot hook up to sewer and water on lot 25 of U. S. Survey 3098. He was issued a building permit on Lot 24 by the Building Inspector. Mr. Burnham closed the regular meeting and opened the public hearing. There being no comments from the audience, he closed the public hearing and reconvened the regular meeting. Mr. Holt feels that it is not keeping in compliance with the development of that area and that the land was marginally useful for residential and also he cannot hook up to sewer and water. Mr. Holt further stated that for these reasons, he feels we should not approve the rezoning of this lot. Mr. Gariss noted that by previous action of the P✓;Z, they did in fact create an R-1 area. The Commission informed Mr. Gariss that it was the Assembly who took the final action on the rezoning of the two lots now presently zoned R-1 in this survey. Mr. Gariss explained to the Commission that they cannot rezone a lot, they can merely create a new zoning district or change the boundaries of the present zoning district. He further noted that the minimum size of creating a new district should be specified in the code. Mr. Burnham asked how great the cost would be to create a foundation in this area. Mr. Ecklund stated that it would probably cost $5,000 to $8,000. Mrs. Gellis made a motion to deny the rezoning request made by Mr. Shockly to rezone Lot 24, U. S. Survey 3098. Seconded by Mr. Terry. It was PEZ's reason that the rezoning of this lot was not keeping within the natural development of the area, inadequate ground, and that he was not hooked up to city sewer and water. Question being called for, motion passed by unanimous roll call vote. B. Rezoning of Tract "A", U. S. Survey 1672 from Conservation to Unclassified - Laura M. Olsen (Anton Larsen Island) - Mr. Holt moved for approval of the rezoning of Tract "A", U. S. Survey 1672. Seconded by Mr. Welch. Mr. Burnham closed the regular meeting and opened the public hearing. Mr. Furin asked what the difference in the zoning would make. He was informed by the Commission that it is now Conservation, which requires five acres for a dwelling, and rezoning to to Unclassified would require 40,000 square feet for a family dwelling. Mr. Burnham closed the public hearing and reconvened the regular meetingQuestion being called for, motion passed by unanimous roll call vote. Mr. Gariss recommended that when this rezoning is presented to the Assembly, that it be presented in true terms of creating another district. Mr. Burnham noted that there are already Unclassified districts located on this island, and that this would be changing the boundaries. VI OLD BUSINESS KIBS272865 A. Rezoning of all of that Portion of U. S. Survey 1682 that would be encompass by the boundaries of the proposed Woodland Acres Subdivision 2nd Addition (re from table) - Mrs. Gellis made a motion to remove this from the table. Seconded Mr. Terry. Motion passed by unanimous roll call vote. Mr. Burnham read the KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION PAGE 3 MEETING, APRIL 23, 1975 r- the letter the Commission received from Mrs. Nachtweih. She stated that no trailers were to be put on the land sold to Island Resources except for a 600 foot strip. Mr. Ecklund noted that in the contract it stated that it would be a 1,000 foot strip on the south boundary, near the Spruce Cape area. Mr. Burnham entertained a motion for approval. Mr. Terry made a motion to accept the rezoning. Seconded by Mr. Holt. Mr. Kourmeitis stated that when Mr. Schafer sells the property, the individuals will not be able to put trailers on it. The Commission noted that this was the way it was within the contract. Question beina called for motion classed by unanimous roll call vote. Vill SUBDIVISIONS. PRELIiMiNAR`f A. Vacation and Replat of Lot 16, Block 4, Airpark Subdivision - Huey DeVille - It was noted t at r. e i le is replatting because he owned the piece of strip in front of Lots 4, 5, 6, and 7 of Allman Lalande and he was vacating this strip to connect the each of the lots within the Allman Addition so that he may sell these portions to the owners of the lots and they may have legal access to their properties. Mr. Holt moved for approval for a public hearing. Seconded by Mr. Erwin. unanimous roll call vote. B. Subdivision of Lot 3, U. S. Survey 4970 - Joe Zentner (Psagshak Area) - Mr. Ecklund explained sere this area was locate rs. Gellis moved far approval. by Mr. Terry. Motion passed by unanimous roll call vote. C. Subdivision of Lot 14, Block 7, Bells Flats - Jeff Povelite - Mr. Holt moved for approval of the preliminary plat. Seconded by Mrs. Gellis. The secretary noted that the plat cannot be finalized until the land is paid off. Question b_ejng called for, motion passed by unanimous roll call vote. IX SUBDIVISIONS. FINAL A. Lot 20, Block 7, Bells Flats Subdivision - Roy Ecklund - Mr. Ecklund noted that there is access to the lots. Mr. Terry made a motion to approve the final plat of Lot 20, Block 7, Bells Flats. Seconded by Mr. Holt. Motion passed by unanimous roll call vote. B. Woodland Acres Second Addition - Island Resources - It was stated in Mrs. Nachtweih's previous letter on the rezoning that they cannot use her road as it was private and they would have to put in their own. Mr. Ecklund noted that when the subdivision of Woodland .Acres First Addition was done, the road was not included within the subdivision, so legally this road is not her's to say that it is private. Mr. Terry made a motion to approve the final plat. Seconded by Mrs. Gellis. Motion passed by unanimous roll call vote. C. Tideland Tract N- 17A - Ursin Seafoods - Mr. Terry made a motion to approve the final plat of Tideland Tract N-17A. Seconded by Mr. Holt. Motion passed by unanimous roll call vote. D. Lot 24, U. S. Survey 3098 - Mill Bay Road - Michael Shockley - Mr. Holt r- moved for disapproval on the basis that it is not in conformity within regards of the existing zone. Seconded by Mr. Terry. Motion passed by unanimous roll ca I I vote. X P&Z ITEMS KIBS272866 A. Memo from Will Gariss - Re: Location of Proposed Clinic for Wasson/Falcon - Mr. Gaiss noted that Dr. Wasson and Dr. Falcon have submitted another request to be granted a special exception on Lots 1, and 2, Block 55 East Addition. Mr. Gariss stated that the essence of the memo from the Planning Department is to consider what complies with the code. The findings were that there were too many inconsistencies in the code. He did find that there are lots within the area behind the hospital p, operly zoned to have a clinic there, which is another possibility. Mr. Gariss questioned if there was adequate parking on the two lots of which they arc asking for the exception and also adequate speed zones KODIAK_ISLAND BOROUGH PLANNING AND ZONINGCOMMISSION PAGE 4 MEETING, APRIL 23, 1975 within the area. Dr. Wasson stated that they do have adequate parking, and showed the commission a map of the lots and that he would be in favor of putting in a cross walk and also be in favor of requesting that speed limits signs be posted. Mr. Gariss noted that besides the area located behind the hospital there are also some lots located on Mill Bay Road near the hospital that could possibly be acquired for this use. Dr. Wasson stated that he looked into the area located behind the hospital and that there would be too much traffic in the residential area and the access to this lot was difficult. Mr. Terry stated /" that he believed that we could grant an exception. Mr. Terry made a motion to grant a special exception, according to section 17.30.060 of our code " special exception application be accepted". Mr. Holt seconded. Dr. Wasson noted that they will not be subletting any portion of this building for any other purpose and that they would check into the crosswalk and speed limit signs. Question being called for motion passed by unanimous roll call vote. B. Comprehensive Plans for Near Island and Port Lions - Mr. Gariss stated that he is getting additional copies ot the plans. a ur er stated that the Borough has received a request to approve the plans and that he has sent in a letter of approval, with the stipulation that this plan would be incorporated in the Borough Comprehensive Plan. Mr. Terry stated that the Port Lions City Council should approve the plan. Mr. Gariss noted that the council has already approved the plan. Mr. Gariss suggested that we review the plan and if agreeable then adopt them as additional volumes of the Kodiak Island Borough Comprehensive Plan. It was noted that the Commission did accept the plan of Near Island done by Tryck, Nyman and Hayes. Mrs. Gellis stated that the plan was accepted in order for TN&H to be paid for the study. It was asked if Near Island was zoned. Mr. Gariss noted that any land that is not classified is Unclassified according to Section 17.09.070. Mr. Gariss also noted to the Commission that Service -Recreation, Public - Semi -Public were not zoning districts classified within our code. Mr. Gariss stated that he would write i-- a letter to Port Lions, requesting a letter as to their intent. Mr. Terry asked that if we accepted the plan as it is now, would the zoning they have be in effect. . Mr. Gariss noted that no this is just a plan or guideline to go by. C. Industrial Park - USS 3467 and USS 3468 - Mr. Gariss stated that he was instructed by Mr. Wood to conduct a survey for an industrial park in U. S. Survey 3467 and 3468. He further stated that a Mr. Russell has asked the borough to lease him some land within some of this survey so he could operate a sawmill. Mr. Terry stated that this area in question was to close to residential land Mr. Holt asked about sawdust blowing across the runway, if this would be a hazard Mr. Gariss asked if he should continue to conduct a survey to seek an industiral site. Mr. Holt stated that it is up to Mr. Russell to find his own site for a sawmill and then come to P&Z for approval, we're not to find one for him. Mr. Burnham feels that the Commission has a certain obligation to Mr. Hansen . in finding him a sawmill site before we find anyone else one. Mr. Erwin recommended that Mr. Russell contact Mr. Stover in leasing some of his land for a sawmill site. He had offered it before to Mr. Hansen. D. Overall Program Development (HUD Planning Grant) - Mr. Gariss stated that the boroug as receive a grant un er w is t ey es falished a planning department. Under this grant they require that a three year program be submitted. Mr. Gariss explained the process of how he developed the report. He further stated that with the approval of the Assembly, he is submitting two alternate budgets one for $30,000 with 10%paid by the borough and the other for $30,000 to have an outside consultant update the Comprehensive Plan. He went on to say that that he is hoping to keep the planning staff down to a minimum, that would be hiring an assistant and a full time secretary. Mrs. Gellis stated that she thinks it vital that the Borough be aware of all the bills passed at the legislature, as they don't all apply to small towns. Mr. Gariss stated that he wanted the Commission to feel free to put any input into this grant they wish. KIBS272867 E. Legal Opinion from Borough Attorney re: Proposed Amendments to Kodiak Island Borough Code of Ordinances Chapter 16.24 - Improvement Guarantees - Mr. Gariss stated that the attorney agreed with some part of the revisement and some parts he did not agree to. He will review this some more and come back to KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MEETING PAGE 5 APRIL 23 . 1975 P, r— F�_ the Commission with the required changes if needed. F. HUD Discretionary Grants - Villages Sanitary Landfills - Mr. Gariss stated that on the recommendation ot the UEDP Committee, t e orough applied for funds to build sanitary landfills in the villages of Karluk, Old Harbor, Larsen Bay, Port Lions, Ouzinkie, Akhiok and Chiniak, for a total amount of $220,000. His question was what kind of action does P&Z want to take on creating sanitary land- fills. Next week he plans to go to each village to hold public hearings and public input. G. Memo from Will Gariss and School District on Cross Street Between Mill Bay and Rezanof (through Borough Property) - P&Z still felt that it will create a traffic problem if they close the access and they further recommended that it go to the Borough Assembly for further action on their request. H. Afognak Mill Site and Townsites - Mr. Gariss stated that he had a request from the School District to locate a site for a school and he then contacted the Afognak Village Corporation asking them where they plan to build their townsite and what they plan to build and was informed that it was not of the Borough's concern on obtaining buildnng permits for this. The Commission agreed that if the other villages were required to acquire building permits for any type of construction they do, that it be required to this newly created village located within the Borough boundaries, unless there is some exception within the Native Land Claims Act that does not permit the Borough to do so. The Commission requested that Mr. Gariss put all of this down in writing and also write a letter to the Afognak Village Corporation. I. QEDP Relation to Comprehensive Planning - Will Gariss - Mr. Gariss explained the projects and their priorities to the commission and their eligibility for EDA funding. It was instructed that the members of the Commission will receive a copy of the OEDP report. J. Mr. Terry noted that Chris Berg will be clearing 20 acres within the Bells Flats Area and that this is 65 feet from Russian river and that this area could be turned into a rearing area for salmon and that we should recommend to the Borough Assembly to mention this suggestion to the Fish and Game for consideration. K. Mr. Welch mentioned about advertizing the ordinances and letting the public know what they are about. Mr. Holt mentioned that Mr. Gariss should appear on the talk programs done by KOTV. Mrs. Gellis suggested that we should make it so the people will understand like a "Did you Know" column in the paper of things people can and cannot do, what you have to have building permits for, etc. Mr. Gariss was instructed to pursue this matter. L. Mr. Burnham mentioned the letter the Commission received from the Anderson's on the newly created trailer park of Mr. Perez's that the Commission recently approved. It was noted that the Borough received the letter after the public hearing/ XI AUDIENCE COMMENTS XII ADJOURNMENT The meeting was adjourned at 11: 55 p.m. ATTEST: Mrs. Norma L. Holt, Borough Clerk KIBS272968 APPROVED: