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1980-05-28 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular meeting, May 28, 1980 Borough Assembly Chambers r-- I. CALL TO ORDER - The meeting was called to order at 7:35 p.m. in the Borough Assembly Chambers by Acting Chairman Mr. Ball. II. ROLL CALL Commissioner's Present Also Present Mr. Perez Harry Milligan Mr. Ball Dave Crowe Mrs. Crowe Joanne Jones Mr. Erwin Ann Moen Mr. Hill Gale Lazarus Commissioner's Absent Mr. Baker (Excused) Mr. Pugh (Excused) III. MINUTES - April 16, 1980. Mr. Hill moved unanimous ro IV. APPEARANCE REQUEST 1. 0-80-002. Mr. Ball stated the Commission has gone over the case quite thoroughly so only a brief presentation was necessary. Mr. Wahle Phelan from KOTV spoke on the site plan approval. He stated the contract from the city had arrived and a few corrections needed to be made. 1) First page, paragraph 6 - 'extreme emergency' to be abandoned from the clause completely, 2) Second page, second to last paragraph - out in contract the city will give KOTV one (1) year's notice if this ground needs to be used for capital development, and 3) Second page, at the top - 1769 sq. feet is needed for site pad location only. Also KOTV needs enough land for a 10 x 12 foot equipment storage building, making a total of 3700 sq. feet. Original letter to the city stated this, but was misprinted in contract. Mrs. Crowe moved that the Commission grant approval to KOTV on a portion of USS 2538A as described in the legal description provide them and the City that was aiven to the Commi<sion this eveninq Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote V. OLD BUSINESS A. ZONING 1. Z-80-012. A request for a variance on lot 33, block 1, Aleutian omF�es Subdivision from the requirements of section 17.45.030 to j construct a new porch. (Chong Ung Kim) Mr. Ball asked if anyone was present representing this case. Mr. Perez reported that he had gone to the house in question on two separate occasions, and the house is closed and the family in Seattle. Mr. Perez made a motion to table the request for a variance on lot 33, block 1, Aleutian Homes Subdivision from the requirements of section 17.46.030 to construct a new porch until on KIBS225097 Kodiak "Island Borough Planning and Zoning Commission Minutes May 28, 1980 Page 2 VI. PUBLIC HEARINGS A. ZONING 1. Z-80-013. A request for a variance from section 17.18.040, yard requirements on lots 75 and 76, block 8, Erskine Subdivision to permit the construction of a duplex which will encroach approxi- mately four (4) feet into a required twenty-five (25) foot front yard and an encroachment of approximately twelve (12) feet into a required twenty-five (25) foot rear yard. (Antril Suydam) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum Prepared by the Planning department. No representative for the applicant was present. Mrs. Cecil Blankenburg wanted to know whether fill was to be Put in the lot or only excavation. Discussion between Commission and Mrs..Bl,ankenburg. uiremen t the c our 4 an enc ion available from applic t for a variance from sec is 75 and 76, block 8, Er ion of a duplex which wil to a required twenty-five t of a proximatel twelve 25 foot rear vard. Discussion among Committee and Mr. Milligan. sion oroxi- Motion was seconded by Mr. Hill. Mrs. Crowe specified that the Planning department get in touch with Mr. Suydam and invite him to the June 11 work session to be there specifically to discuss his variance and the questions raised and that this request also be placed on the agenda for the June 18 meeting. This was made a nart of the motion_ Motion PASSED by unanimous roll call vote 2. Z-80-014. A request for a variance on lot 16, block 7, Leite Addition from the requirements of section 17.42.030 existing lot -- reduction in area or width to permit the construction of a single family dwelling and to vacate and replat lot 16 and reduce the minimum lot width by approximately six (6) feet. (Mr. & Mrs. Fred Nass) STAFF REPORT: Mr. Milligan presented staff report based on a memorandum prepared by the Planning department. Discussion between Mr. Milligan and the Commission. Mr. Nass spoke in favor of the variance. He explained his intentions were to better utilize his land by moving the lot line over to better center the building. Mr. Perez complimented Mr. Nass on the application he submitted. Mr. Perez made a motion that item Z-80-014, a request for a variance on lot 16 block 7, Leite Addition from the requirements of section 17.42.030 existing lot --reduction in area or width to permit the construction of a single family dwelling and to vacate and replat lot 16 and reduce the minimum lot width by approximately six 6 feet, be granted. Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. Commission stated reasons for voting as they did. KIBS225098 Kodiak Island Borough Planning and Zoning Commission Minutes May 28, 1980 Page 3 Mr. Perez stated that lot lines in that area are questionable and Mr. had in effect straightened this situation out with regard to these lots. "fir. Hill believed Mr. Nass dealt with the property in the best way he could. Mrs. Crowe felt replatting will made utilization of lot 16 practical and solve problems not create them. Mr. Erwin voted yes because Mr. Mass met all four requirements. Mr. Ball voted yes because Mr. Nass met all four requirements as stated by the Planning staff. 3. Z-80-015. A request to rezone lots 43-53, block 12, Aleutian Homes Subdivision from residential to business. (Rodney Kiefer and Kevin Arndt) STAFF REPORT: Mr. Milligan presented staff report based on a memorandum prepared by the Planning department. Mr. Kevin Arndt spoke in favor of rezoning. He explained they are for contract zonino if that is necessary to get the area rezoned. They had looked at the area for building single family housing on a few of the lots that are level at the moment and it came out that sewage costs would be prohibitive. Mrs. Crowe asked what type of businesses were envisioned for (� these lots. Mr. Arndt stated that he did not really know right now, but it probably would be for office space. Mrs. Crowe explained there is some hesitation in not knowing. Mr. Arndt restated that they are in favor of being under contract and bringing the Commission plans as to what they are interested in doing with the land. Some of the land is not feasible to develop at all. Mr. Ball asked whether Mr. Arndt would like to see a meeting with the Commission in regard to discussing contract zoning. Mr. Arndt stated yes. Mr. L. F. Buxton, secretary of the Kodiak Masonic Temple Associa- tion, located down the street from this area spoke. He questioned that a close eye should be kept on this and see that something that is not going to be detrimental to the rest of the area and community that are there already be stopped. Office space and this sort of thing are agreeable. Representing the Masonic Temple Association, he asked to be informed of any meeting that pertains to this property. He wants to see the community develop but not deteriorate. Rise Brodman stated that she is personally for this because she is on the OCS Council and knows what we will be needing in the next five years. She asked Mr. Milligan why he felt a retaining wall should be put on 10 blocks when terracing could do the same thing. Mr. Milligan stated this is in fact the applicants' problem and was merely a recommendation Mrs. Brodman asked what the Masonic Temple considers ill -neighboring in business. KIBS225099 Kodiak Island Borough Planning and Zoning Commission Minutes May 28, 1980 Page n Mr. Ball questioned the propriety of the question. The issue before the Commission is to discuss rezoning only not what type of business will be acceptable. Mrs. Brodman asked why contract zoning is perhaps better. Mr. Perez answered that contract zoning is a negotiation type of action when a particular item is brought up and a discussion takes place and what can and can not be done with the property. Everyone comes to the public hearing. Discussion between Commissioners and Mrs. Brodman. Mrs. Brodman stated that her major concern is that more places become available for businesses to open in this town. Mr. Ball agreed there should be more businesses and more business areas for business to expand to. He closed the public hearing. Discussion among the Commissioners on the item and Mrs. Crowe read into the record correspondence received on the issue. (1) Memo from Chief of Police against the request due to the impact on traffic. (2) Letter from Herman Beukers, acting city manager, objecting to the request primarily due to the lack of information on what type of construction would take place, traffic impact, etc. (3) Letter from David L. Horn, resident, against the request because he is opposed to the added traffic noise in what is currently a residential area and also the effect on property values. Mrs. Crowe moved to return to the petitioner's a request to ock 12. Aleutian Homes Subdivision from residentia zonin a DUDiic nearing on u dDDlicant and answer any questions. Seconaea Dy mr. verez. ca 4. Z-80-017. A request for a variance from section 17.45.010 of the zoning ordinance projections into on lot 31, block 9, Aleutian Homes Subdivision to permit the construction of a new garage that will encroach into a required side yard approximately three (3) feet. (Dave Bean) STAFF REPORT: Mr. Milligan presented staff report based on a memorandum prepared by the Planning department. Mr. Ball asked applicant if he would construct one wall as specified in the staff report. r- Mr. Dave Bean answered affirmatively. Discussion between Commissioners and Mr. Bean moved to grant a vari ordinance projections vision to permit the ch into a required si a unanimous roll call Commission stated reasons for voting as they did. ; KIBS225100 Kodiak Island Borough Planning and Zoning Commission Minutes May 28, 1980 Page 5 Mr. Ball felt the applicant met all four requirements. Mr. Perez had the same opinion and also liked the utilization of the property. Mr. Erwin voted yes because Mr. Bean met all four requirements. Mrs. Crowe liked the idea of building to get gear out of the yard. Mr. Hill felt all four requirements were met. B. SUBDIVISIONS 1. S-80-006. (Preliminary). Proposed subdivision of lot 14E, block 7, Bells Flats Alaska Subdivision USS 2539 into two lots (lots 14E-1 and 14E-2) of approximately one acre each. (Kenneth and Barbara Sikora) STAFF REPORT Mr. Crowe presented the staff report. Discussion between the Commission and Mr. Crowe rn to the aoplicant the Droposed subdivision F1iLoCZm call vote. 2. S-80-007. (Preliminary). Proposed vacation of lots 24A, & 24B, USS 3099; and replat to lots 24A-1 and 24B-1, USS 3099, lot areas of approximately 7,598 and 9,386 square feet respectively. (Donald W. Gott) STAFF REPORT: Mr. Crowe presented the staff report. Mr. Don Gott spoke in favor of the proposal. His main concern is for single dwelling. He has no intent of building or any other new construction on this piece of property at this present time. Mrs. Crowe questioned whether there was a dedicated utility easement across the back of the proposed lots. Mr. Gott stated that there was. Mr. Ball closed the public hearing. and reDia respective 1 to the vacation of s Mrs. Crowe stated that she liked gaining a better dedicated easement on Jackson Lane. 3. S-80-008. (Preliminary). Proposed subdivision of lot 10, Russian Creek Alaska Subdivision USS 2539 into four lots (lots 10A, IOB, IOC and IOD) of approximately 40,000 square feet each. (Daniel Stockdell) STAFF-REPORY Fir. Crowe, presented 'the staff report, Re. als,o said that the applicant has reRuested that.$his item be tabled until the`June meeting as he is taking care of the ownership problem and other items in Mr. Crowe's memo to the Planning and Zoning Commission on May 14. KIBS225101 r- Kodiak Island Borough Planning and Zoning Commission ilinutes May 28, 1980 Page 6 Discussion among the Commissioners. Mr. Ball closed the public hearing as there was no testimony. 4. S-80-009. (Preliminary). Proposed subdivision of lot 18, block 7, Bells Flats Alaska Subdivision USS 2539 into two lots (lots 18A & 18B) of 1.779 and 5.027 acres respectively. (Dale and Marie Rice) STAFF REPORT: Mr. Crowe presented the staff report. Discussion between the Commission and Mr. Crowe. Mr. Crowe also stated for the record that Kodiak Electric Association had requested that a note be put on all future plats to this effect, "The buyer of lots within this subdivision should be aware that there may be existing electic easements and under- ground service lines across the lots of this subdivision which are not shown on the plat." Mr. Crowe told the Commission he will take responsibility to see that this advisement is on future plats. Mr. Dale Rice spoke in favor of the subdivision. Discussion between Commission and Mr. Rice. Mr. Ball closed the public hearing. VII. NEW BUSINESS - None VIII. INFORMATION AND REPORTS A. Communications - none B. Reports 1. Mrs. Crowe reported on behalf of the street -naming committee. They asked to be put on the June agenda to present their plan. r- Mr. Milligan pointed out that this will require a public hearing and either a resolution or an ordinance to be put into effect. Discussion among Commissioners. 2. No other reports. C. Other Mrs. Ann Moen stated that the Rice family will be gone by the July meeting when their request will be heard for final approval. KIBS225102 7 F Kodiak Island Borough Planning and Zoning Commission Minutes May 28, 1980 Page 7 ved to grant final approval to the proposed subdivision ock 7, Bells Flats Alaska Subdivision USS 2539 into two A & 186 of 1.779 and 5.027 acres resoectively with a note attached from K.E.A. per their letter to the Borough Enginee also contingent upon a utility easement between lots 18A & 18B on the lot common line. Seconded by Mr. Perez. Motion PASSED by unanimous roll call vote. IX. COMMISSIONER'S COMMENTS Mr. Perez congratulated the Commission on cooperatively working this evening. Mr. Ball asked that a recommendation be made on June 4, 1980 to encumber funds to purchase maps for display in the Assembly chambers. Mr. Erwin reported on seeing a barbecue stand open on Mill Bay creating a parking problem and also a problem with cars near the road in the area of Walt's Auto Repair. Mr. Gordon will be asked to check on the latter situation and a report .will be returned to the Commission. X. AUDIENCE COMMENTS Mr. Bob Palmateer, co-owner with his wife of ',lama Osang's) spoke regarding the barbecue stand mentioned earlier. As his property is zoned business, he felt he could open a stand in this area. Ile went to the Planning and Zoning Department and the engineer told him that an exception or a variance would be needed because of the potential parking problems and the fact that there are no similar businesses in the area. He is talking about an 8 x 10 foot building. Mr. Palmateer had talked to the city sanitarian, Mr. Harry Brighton, and was told his plans were alright as long as he conformed to the sanitation codes necessary for a building of this type. He feels these are met. His purpose in being here is to get this approved so that he can have the 8 x 10 foot structure in conformance with surrounding housing constructed. He feels parking can be taken care of by his 2 car parking driveway as he has another driveway behind his house for his own vehicles. The building will be build up against the fence in the front yard so as to be portable. Discussion between Commission and Mr. Palmateer. Mr. Milligan suggested that Mr. Palmateer, Mr. Lee, Mr. Gordon, Mr. Crowe and himself will meet tomorrow morning to discuss the situation and will bring a report back to the Commission on May 29, 1980. XI. RECESS - Mr. Ball recessed the meeting at 9:45 p.m. PASSED AND APPROVED this / $141 day of Limn L 1980. ATTEST P & Z Secreta KIBS225103 • KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION May 21, 1980 Regular Meeting (Postponed to May 28, and continued to May 29 and June 4, 1980) May 29, 1980 MI NIITR S I. CALL TO ORDER The meeting was called to order at 7:35 P.M. in the Borough Assembly Chambers by Mr. Rollyn Ball, Acting Chairman. II. ROLL CALL Present Absent Mr. Rollyn Ball Mrs. Virginia Crowe Mr. Gene Erwin Mr. Tim Hill Mr. Tony Perez Mr. Don Baker (excused; fishing) Mr. John Pugh (excused; ill) Staff members present were Mr. Harry Milligan, Planning Director; Mr. David Crowe, Borough Engineer; Mr. Bryce Gordon, Building Official; and Mrs. Ann Moen, Secretary. Mr. Carl Pohjola, Assistant Superin- tendent, KIB School District, was also present. Twenty-one (21) property owners and residents of the Bells Flats - Russian Creek community were present, in the audience. III. MINUTES - None IV. APPEARANCE REQUEST Mr. Carl H. Pohjola appeared before the Commission and read into the ,r.. record his May 29, 1980 letter to the Commission, which states the I KIB School District's need for 14 acres of land to accommodate a ten -classroom school for 250 students by 1985, expandable to a twenty - classroom school for 450 K-8th grade students by 1995. Mr. Pohjola responded to questions from the Commission and audience with respect to site location (safe from tsunami, flooding, etc.), time frame (two years from design to construction), and the hope that the Borough would review sites with his letter's points in mind, and that the School District could be partners in site selection. V. UNFINISHED BUSINESS - None VI. PUBLIC HEARINGS A. ZONING - None B. SUBDIVISIONS 1. Case No. 5-80-010 (Preliminary). Proposed subdivision of Tract A, Bells Flats Alaska Subdivision, USS 2539 (Kodiak Island Borough Assembly). Mr. Crowe gave the staff report, explaining -that the Borough Assembly had contracted with Mr. Roy Ecklund in April to prepare three preliminary sketches of possible subdivisions. These were presented to the Assembly in May, and the Assembly selected this particular configuration as the one they wished to have presented at this time. Tract A is zoned Industrial Reserve. Mr. Ball closed the regular.meeting and opened the public hearing. Mr. Bill Williams, a resident of Bells Flats, addressed several concerns: 1) He would advocate rezoning of the entire area for home - sites, most particularly the high ground upward of parcel P-1. Perhaps some of the land along the Chiniak KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION May 29, 1980 Meeting Minutes - Page 2 Road should be zoned for business. 2) He feels more road exit should be provided from the area, especially in the parcel P-1 and P-2 area. 3) He questions the potential for development of the low lands along Chiniak Road, forsees percolation and septic system problems. Mr. Williams stated that the property has been in the Borough's hands for ten years, and to his knowledge the Borough has done nothing during that time to attempt to obtain patent to the land. Without patent, lending institutions won't grant construction loans, so the Borough really isn't doing the people a favor by making the land available. Mr. Ball replied that the matter of patents is not a planning and zoning problem, and is not appropriate for discussion at this meeting. In response to questions concerning the purpose of tonight's public hearings, Mr. Milligan replied that the Kodiak Island Borough Assembly wants to replat some of their property holdings, and is seeking a recommendation from the Commission following the replatting for liquidation of some of these properties. The Assembly have presented for public hearings a proposed preliminary plat for three different areas within the Bells Flats -Russian Creek area in a configuration they feel is a reasonable and code -complying subdivision plat. The hearings tonight are to obtain testimony from the community about their feelings as they view the impacts that they may receive from this proposed resubdivision of lands adjoining their holdings. Mr. Milligan, addressing the title question, stated that the Borough Assembly is convinced that its title to those lands is true and valid. Those lands were selected under lands tentatively approved from the federal government to the State of Alaska under the Alaska Statehood Act, and under the Manda- tory Borough Act, where the Borough can select up to 10% of State lands within its jurisdiction. The lands were selected and tentatively approved. The Borough has in its possession opinions from the Secretary of the Department of Interior, the United States Attorney General, and the Solicitor General for the Department of Interior, that the Borough's claim is a valid third -party interest under the Alaska Native Claims - Settlement Act, and the Borough's title comes ahead of Native Claims Selections. Therefore, the Borough is convinced that its title is good, the State and federal governments are convinced that its title is good, and that upon completion of cadastral surveys, patent will be transferred. The tentative approvals are tantamount to patent in the interim period. Mr. Crowe informed him that he had learned today that the cadastral surveys are to be performed or are being performed now by the Bureau of Land Management. Patent should be forthcoming in the very near future. Mr. Jim Cobis testified about a residents' meeting held in Bells Flats last week, where the consensus was that the community wasn't qualified or ready to propose an over-all plan for the area until the Borough produces an over-all comprehensive land use plan and timetable for the entire Bells Flats -Russian Creek area. Major points brought up at the meeting included the questions, Why the sale? Where will the revenue from the sale go? The residents suggested forming a small representative citizens' group to work with and discuss land use with the Commission and/or the Assembly; and the possibility that land reserved for school site might include adjacent land for a firehouse, police. One popular idea was to locate the industrial area in the area of Tracts G, H, and A.S.L.S. 72-11 in the proposed Russian Creek replat (Case No. S-80-011); another was locating a baseball park in the northeast portion of parcel P-3, Tract A, Bells Flats. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION May 29, 1980 Meeting Minutes - Page 3 Mr. Milligan, at Mr. Ball's request, explained that when the Borough Assembly asks for recommendations on the disposal of Borough -owned lands, one of the responsibilities of the Planning and Zoning Commission is the evaluation and determination of which of those lands it feels should be held for future public purpose: park lands, school sites, fire station, and other public facility needs for which lands should be kept in public ownership. Proceeds from land sales go into the Borough's land sales fund from which the Assembly can appropriate certain monies to offset the tax base of the community in order to operate the general fund, to develop other lands, or to augment the general fund to reduce the mill levy each year. Mrs. Barbara Sikora inquired if there are more Borough -owned lands that will be offered for sale in the future. Mr. Milligan replied that the Borough's entitlement under the Act as rewritten is approximately 54,000 acres, of which he believes there are in the neighborhood of 3,000 acres in the general area of Bells Flats -Russian Creek- Selonie Creek -- but that a good bit of those lands are still in question. Mr. Spencer Schaeffer, owner of Lot 5C, Block 4 (near parcel P-1) feels the Bells Flats community doesn't have sufficient data to make recommendations, and would suggest postponement. There followed a lengthy discussion about zoning of the three proposed resubdivision properties, and its effect upon planning. Mrs. Crowe reiterated her understanding that the areas would remain as presently zoned unless and until rezoning is. initiated by either the Borough Assembly, the Commission, or residents; that possible future rezoning efforts might be the result of the Commission's recommendations to the Assembly; that planning (not zoning) is appropriate to the meeting tonight... Mr. Bill Franklin inquired if the Borough Assembly, in subdividing its properties, would require platted access to each lot as dilligently as it requires other subdividers to provide road access. The Commission replied in the affirmative. Mr. Glenn Mathes feels that Tract A is totally wrong for industrial use because the only road leaving the residential area goes through the industrial area. Mr. Mathes proposes that the land currently zoned for business in Russian Creek (Tracts G, H, I, J, and A.S.L.S. 72-11, Case No. S-80-011) be rezoned to Industrial, and that industry be relocated there, with the exception of the Kodiak Cattle Association and perhaps Royal Large. Mr. Mike Brechan, representing Brechan Industries, Inc., gave a brief history of the Brechan interest in parcel P-1 of Tract A. Brechan's originally applied to BLM for a lease in 1965, before there was a Borough. The land was under patent then to the Navy. They submitted a proposal to the Borough to purchase P-1, the site where their asphalt plant is. In that proposal they laid out a 20-year plan involving the development of that area and its final use as an industrial site. They do not at the present time envision moving their asphalt plant. They are running out of gravel there, but don't intend to leave. They do not oppose the proposed subdivision of Tract A, but would ask -- if the area is to be rezoned -- that a buffer zone or light industry zoning be created. Their 20-year plan for P-1 included the eventual filling back in for a low industrial area where people driving by couldn't see the warehouse they plan. They are currently developing parcels B-3 and B-4 of Tract B for gravel extraction. Mrs. Robin Schaeffer expressed concern with the trucks moving gravel over the roads from B-3 and B-4 to P-1, through the residential area; stated that the residents will fight for rezoning of parcel P-1. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION May 29, 198o Meeting Minutes - Page 4 Mr. Milligan pointed out his feeling that Mr. Brechan was rather generous; he could have castigated the Borough for a couple of things. When Mr. Brechan applied for either a lease or purchase of P-1, the Assembly decided, on the recommendation of the Commission, that the property be leased rather than sold. Mr. Brechan proposed to purchase the property, and did go through a very elaborate and expensive development plan process for a lease. After that, and after the sale was scheduled, the Borough changed its mind and said they weren't going to lease it, but would sell it after all. Mr. Brechan is temporarily there, paying rent on a month -to -month basis, and will have to go to the auction block and compete with whoever has an equal interest in that land, and he still may find that he is not the ultimate owner of that land. He has a considerable investment in the land, and a considerable investment in plans which have been sent right down the tube as a result of recent actions by the public bodies of the community. Mr. Brechan has dealt fairly, honestly, and openly, and has tried to make the best of a number of bad or difficult situations. Mr. Brechan suggested that members of the Commission would have to look at both sides, the economics of the community as well as the preferences of the Bells Flats area residents. Nearly all of Brechan's product is sold to other people, and to governments. Mrs. Pat Lods has no problem with the slaughterhouse or with Brechan's. P-6 and P-4 border on residential area, and she would like to have P-6 reserved as a buffer zone, for noise abatement. She feels an additional road is needed for exit from the area. Mr. Dale Rice, owner of Lot 18, Block 7, across the road from P-8, has no problem with land currently used for industry, but doesn't want industry moving further up into the Flats. He suggests P-5 or the lower part of P-3 for a firehouse, and that the land below P-3 and P-5 be considered for a sewage treatment plant. Mr. Ken Sikora proposed that a citizens' group from the Bells Flats community propose a plan, and requested that no more industrial area be allowed to move up into the Flats. He agrees that the land zoned for business in Russian Creek be the location of industry. Mr. Spencer Schaeffer recommended to the Commission that they recommend to the Borough Assembly a delay until the residents of Bells Flats have the information from the Borough they feel is necessary to make their recommendations. Mr. Ball closed the public hearing and reopened the meeting for comments from the Commission. Mrs. Crowe summarized the testimony as she understands it: The citizens of the Bells Flats area would like to form a citizens' committee for a comprehensive plan; that they feel the Borough should look into adding a road that would help vacate that general higher residential area to the main Chiniak road; that if there is any rezoning done in the industrial reserve, a buffer strip (whether recreational, school site) be created between the P-1 land and the residential land above (P-6, P-4); that lot P-3 be considered for a fire station; that for future planning, the flat northerly portion of P-3 and land adjacent to it on the west be considered for park and recreation area. Mr. Ball suggested that if any recommendation is made to the Assembly concerning a delay for a citizens' committee and its recommendations, a time limit should be set. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION May 29, 1980 Meeting Minutes - Page 5 Mr. Milligan stated that the Assembly would like the Commission to take action tonight, or at least prior to the Assembly's June 5 meeting so that contracts can be initiated to commence lot surveys and road construction, to permit a fall land sale. Any delay by the Commission beyond June 4 will probably delay the work and the sale to the next calendar year. Mrs. Crowe suggested passing the proposed subdivision to the Assembly with the stipulation that, while the surveying is being done, the citizens' committee can work to produce an over-all land use plan. The stipulation should include the request for an additional road or consideration of the feasibility of an additional road, buffer strips, preferred location for fire station, park and recreational land, etc. Mr. Ball suggested continuing with the other two public hearings, and then drawing up a Resolution between now and June 4 for presentation to the Assembly on June 5. 2. Case No. 5-80-011 (Preliminary). Proposed subdivision of Tract C, Russian Creek Alaska Subdivision; proposed vacation and replat of Tracts A, B, Russian Loop Road, Tracts G, H, I, J, and A.S.L.S. 72-11 to Tracts A-1 through A-6, and Lots 1 through 14, 15A, 15B, 15C, and 16 through 27, Block 3, Russian Creek Alaska Subdivision, USS 2539 (Kodiak Island Borough Assembly). Mr. Ball closed the regular meeting and opened the public hearing. Mr. Bill Williams questions the necessity of a 20-foot utility easement, or a total of 40 feet of unusable land on most lots, suggests 10-foot easements each side. In proposed Lots 25 and 26, the easement cuts across the only access to those lots, which could pose a real problem if a drainage ditch (for example) should be placed there. If the lower portion, Tracts G, H, I, and J, and A.S.L.S. 72-11 were to be rezoned to industrial, a green belt should be provided along Russian Creek Road to buffer the industrial from the residential area. Mrs. Barbara Sikora inquired about the terms of sale. Would a person be allgwed to buy only one lot, or several? Mr. Ball replied that that issue hasn't been determined yet, and is a valid question to take to the Assembly. She feels the land should be left with its present business zoning, that no additional land should be zoned for industrial use. Mr. Jim Cobis agrees with Mrs. Sikora, and with the green belt along Russian Creek Road proposed by Mr. Williams. This was a matter discussed at the Bells Flats residents' meeting. Mr. Glenn Mathes proposed as an alternate route from the Tract B parcels to the Tract A parcels, a road connecting with the old Russian Loop Road and a bridge -- which would connect industrial with industrial land and eliminate the heavy traffic through the existing residential areas. Mr. Perez replied that a road had been proposed across Russian River from the vicinity of Lot 12, Block 7, but the State was very uptight about the culverts that would be required and the effect of the construction upon salmon runs, the necessity for permits, etc. He suggested that the residents should Ir request the Assembly to petition the State for such a bridge. Mrs. Robin Schaeffer stated that none of the residents are ignorant of the money Mr. Brechan has invested in properties in the area, nor are any residents ignorant of the services he has offered to the community. No-one really expects Brechan to leave Bells Flats. They'd like to see alternatives to the situation as it exists; they don't want any more extensions of industry into the residential areas. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION May 29, 1980 Meeting Minutes - Page 6 F F Mr. Ball expressed his appreciation that the people from Bells Flats are trying to find alternate locations for future industry, and he knows Mr. Brechan will be willing to work with the residents, and will do everything he can to get along with the people in the area. 3. Case No. 5-80-012 (Preliminary). Proposed subdivision of Lot 3, Russian Creek Alaska Subdivision; proposed vacation and replat of Lots 18, Portion Noch Drive, and Lots 20 through 24A, Russian Creek Alaska Subdivision to Lots 1 through 8, Block 1, and Lots 1 through 10, Block 2, Russian Creek Alaska Subdivision, USS 2539 (Kodiak Island Borough Assembly). Mr. Jim Cobis stated that everyone agrees with the present Rural Residential zoning. Lot 4, "Shorty Taylor's", is a junk yard they would like to get rid of. Lot 4 would be a good location for a parks and recreational area. The residents have been told they wouldn't be able to have a dump or sanitary landfill area within the Russian Creek Subdivision, but they need one nearby. Mr. Milligan replied that the Borough Engineer is looking at several locations for a sanitary landfill, including Selonie Creek and Swampy Acres. Seven Borough CEIP planning grant applications have been submitted and are being looked at now, and grant monies might be coming in to the Borough. By fall, at least one area, probably Selonie Creek, will be identified as a dump or sanitary landfill site. Mr. Bryce Gordon, Building Official, reported that Fairbanks has three large dump boxes (transfer stations) operating and working out well there. A similar operation might be considered here. Mr. Ball suggested one contact person from the Bells Flats - Russian Creek area, to meet with the Commission: Mrs. Robin Schaeffer Mr. Arndt VII. OLD BUSINESS - None VIII. NEW BUSINESS - None IX. INFORMATION AND REPORTS A. Communications - None B. Reports 1. Chairman's Report - None 2. Committee Report - None 3. Staff Report a. Planning Director: - 486-3316 (work) - 487-2135 Mr. Milligan announced that the June 4 continuation meeting, scheduled for the purpose of reconsidering the Grothe Lakeview Subdivision Case (No. 5-80-005) has been cancelled by direction of the Borough Administration. The date and location are available for a continuation of this meeting and Commission action on the proposed Bells Flats -Russian Creek resubdivisions. 4. Other - None X. COMMISSIONERS' COMMENTS In response to Commissioners' Comments during last night's meeting, and at the request of the Commission, Mr. Bryce Gordon, Building Official, reported about his inspections made today: 1. Bob Palmateer, Mama Osang's Barbecue, Lot 6A, Allman-LeLande Subdivision: Mr. Gordon inspected the property, and it is apparent that Mr. Palmateer needs more off-street nnhlin KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION May 29, 1980 Meeting Minutes - Page 7 parking areas for the Commission's approval. 2. Walt's Auto Repair, Lot 14A, U.S. Survey 3098: Mr. Gordon reported that the land is zoned for business, and an auto repair business is legal use of the land. The owner stated to Mr. Gordon that 75% of the front cars belong to his customers; the first four cars nearest Mill Bay Road will be going out in a week. The cars across the road are not his. He expressed his willingness to work with the Commission. Mr. Erwin suggested that two rows of cars would have to be removed to clear the sewer easement; the first four cars are in the road right-of-way. Mr. Gordon suggested that a determination would have to be made by the Commission whether Lot 14A houses an auto repair shop or a junk yard. Mr. Hill moved to continue this meeting to June 4, 7:30 p.m., at East Elementary School's Multi -purpose Room. Mrs. Crowe seconded the motion, which passed by unanimous roll call vote. By consensus, a work session will be held Monday night,. June 2, at 7:30 p.m. in either the Borough Conference Room (221) or in the Assembly Chambers, whichever is available. The Commission requested that the Bells Flats area representative, Mr. Spencer Schaeffer, attend the work session. XI. AUDIENCE COMMENTS Mr. Bill Williams inquired about the time and place to address the possible reqoning of Bells Flats area properties. Mr. Ball replied that the matter can be informally discussed at Monday's work session and can be brought up at the June 4 meeting. Mr. Milligan suggested that members of the Commission should plan to attend the June 5 Assembly meeting, to reply to the Assembly's questions concerning this and the June 4 meeting and the Commission's recommendations. Mrs. Mary Mathes asked if perhaps some lands might be withdrawn from the sale, specifically parcel P-1. She suggested P-1 as a possible park site. Mrs. Robin Schaeffer inquired if an owner of land could dig it all up, extract all the gravel, create big holes. The Commission responded, generally, in the affirmative. Mr. Perez inquired of the audience where they would suggest a nearby alternative available source of gravel existed. Mr. Schaeffer suggested Buskin Lake, land near the State Airport Runway, and Antone Larsen Bay. Mr. Perez replied that these lands are within the Reserve, held by the military, or in Native hands. XII. ADJOURNMENT The meeting was recessed at 10:05 p.m., to be continued at 7:30 p.m. June 4, East Elementary School Multi -purpose Room. o Respectfully submitted: ". V-a Secre s Approved: A; ^( I i 7 q E-o rt- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION May 21, 1980 Regular Meeting (Postponed to May 28, and continued to May 29 and June 4, 1980) June14, 1980 MPNUTES I. CALL TO ORDER r The meeting was called to order at 7:35 p.m, in the East Elementary School Multi -purpose Room by Mr. John Pugh, Chairman. II. ROLL CALL Present Mrs. Virginia Crowe Mr. Gene Erwin Mr. Tim Hill Mr. John Pugh Mr. Rollyn Ball (arr. 7:39 p.m.) Mr. Tony Perez (arr. 7:43 p.m.) Absent Mr. Don Baker (excused; fishing) Staff members present were Mr. Harry Milligan, Planning Director; Mr. David Crowe, Borough Engineer; and Mrs. Ann Moen, Secretary. The audience numbered twenty-four persons, most of them property owners and residents of the Bells Flats -Russian Creek Subdivisions. III. MINUTES - None IV. APPEARANCE REQUEST - None V. UNFINISHED BUSINESS A. SUBDIVISIONS: Case Numbers S-80-010, 5-80-011, 5-80-012: Preliminary Subdivisions of Borough -Owned Properties within the Bells Flats -Russian Creek Alaska Subdivisions. Mr. Milligan presented a staff report and review of the three cases: the Borough Assembly's desire to subdivide and sell several parcels of its holdings in the Bells Flats -Russian Creek Subdivisions; the Assembly's requesting Mr. Roy Ecklund to prepare preliminary subdivision plats for their review and submittal to the Commission; the Commission's May 29 meeting and public hearing on the three preliminary plats; and the staff's preparation of five Resolutions approving the plats based, in part, upon public testimony at the May 29 meeting and at the Commission's June 2 work session with representatives of the Bells Flats -Russian Creek community. 1. Case No. 5-80-010 (Preliminary): Proposed Subdivision of Tract "A", Bells Flats Alaska Subdivision (USS 2539) into Lots 1, 2, 3, 4, 5, and 6, Block 1, Tract "A"; Lots 1, 2, 3, and 4, Block 2, Tract "A"; Tracts P-1 and P-2, Tract "A"; Lots 1, 2, and Tract P-8, Block 3, Tract "A"; and Lots 1, 2, 3, and 4, Block 4, Tract "A", Bells Flats Alaska Subdivision, U. S. Survey 2539 (Kodiak Island Borough Assembly). Mr. Milligan presented Resolution No. 5-80-010 to the Commission, with the suggestion that item (4) on page 2 be corrected to read: 4. Proposed lots 1, 2, 3, and 4, Block 4, should be reserved as a future sewage disposal site. Mrs. Crowe moved the adoption of Resolution No. 5-80-010 with the correction of item (4) on page 2. Mr. Hill seconded the motion, which passed by unanimous roll call vote. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION June 4, 1980 Meeting Minutes - Page 2 2. Case No. S-80-011 (Preliminary): Proposed Subdivision of Tract C, Russian Creek Alaska Subdivision (Tracts C-1, C-2, C-3); Proposed Vacation and Replat of Tracts A, B, Russian Loop Road, Tracts G, H, I, J, and A.S.L.S. 72-11 to Tracts A-1, A-2, A-3, A-4, A-5, A-6, and Lots 1 through 14, 15A, 15B, 15C, and 16 through 27, Block 3, Russian Creek Alaska Subdivision, U.S. Survey 2539 (Kodiak Island Borough Assembly). Mr. Milligan presented Resolution No. S-80-011 to the Commission. Mr. Hill moved the adoption of Resolution No. S-80-011, and Mr. Ball seconded the motion. Discussion followed about the 20-foot easement shown in the southwesterly portion, in the area of proposed Lots 20 - 27. Mr. Ball moved to amend the motion, to delete the words "and walkway" from item (2), page 1 of the Resolution, so that the item reads: 2. That the 20' utility easement be redesigned as a 10' public utility easement. Mr. Erwin seconded the motion to amend, which passed by unanimous roll call vote. The main motion, to adopt Resolution No. S-80-011 as amended, passed by unanimous roll call vote. 3. Case No. S-80-012 (Preliminary): Proposed Subdivision of Lot 3, Russian Creek Alaska Subdivision (Lots 3A, 3B, 3C); Proposed Vacation and Replat of Lots 18, Portion Noch Drive, and Lots 20, 21, 22, 23, and 24A, Russian Creek Alaska Subdivision to Lots 1 through 8, Block 1, and Lots 1 through 10, Block 2, Russian Creek Alaska Subdivision, U.S. Survey 2539 (Kodiak Island Borough Assembly). Mr. Milligan presented Resolution No. S-80-012 to the Commission. Mrs. Crowe moved to adopt Resolution No. S-80-012. Mr. Ball seconded the motion, which passed by unanimous roll call vote. VI. PUBLIC HEARINGS - None VII. OLD BUSINESS - None VIII. NEW BUSINESS A. Resolution No. R-80-4 of the Planning and Zoning Commission, recommending the Borough Assembly establish and appoint a Bells Flats -Russian Creek Alaska Subdivisions Planning Advisory Committee. Mrs. Crowe moved, and Mr. Erwin seconded, the adoption of Resolution No. R-80-4. The motion passed by unanimous roll call vote. B. Resolution No. R-80-5 of the Planning and Zoning Commission, r recommending the Borough Assembly establish within the Borough I Capital Improvements Program funds for construction of a bridge connecting Leta Street within the Russian Creek Alaska Subdivision and Russian Creek Road in the Bells Flats Alaska Subdivision. Mr. Hill moved, and Mr. Ball seconded, the adoption of Resolution No. R-80-5. The motion passed by unanimous roll call vote. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION June 4, 1980 Meeting Minutes - Page 3 C. Other New Business: Mr. Crowe requested that the Commission reconsider their action taken at the meeting on May 28, 1980 with respect to Case No. 5-80-006 (Sikora) and 5-80-009 (Rice), subdivisions within the Bells Flats Subdivision. KEA had requested that a note be added to plats within the area, stating that The purchasers of lots within this subdivision should be aware that there may be existing electrical easements and underground service lines across the lots of this subdivision which are not shown on the plat." The Commission's May 28 meeting action had provided for the inclusion of that note on plats considered at that meeting. The Borough Administration and a member of the Assembly had since instructed the Borough Engineer that, instead of the requested reference to a blanket easement, the actual location of all existing underground utilities shall be shown on plats submitted for approval. 1) Case No. 5-80-009 (Final): Subdivision of Lot 18, Block 7, Bells Flats Alaska Subdivision, U.S. Survey 2539 (Dale and Marie Rice). Mrs. Crowe moved to reconsider the Commission's action on Case No. 5-80-009, taken May 28, 1980. Mr. Perez seconded the motion, which passed by unanimous roll call vote. Mr. Ball moved that final approval be granted to the subdivision of Lot 18, Block 7, Bells Flats Alaska Subdivision, with the stipulation that the location of existing underground utilities be shown on the plat. Mr. Perez seconded the motion, which passed by unanimous roll call vote. 2) Case No. 5-80-006 (Preliminary): Subdivision of Lot 14E, Block 7, Bells Flats Alaska Subdivision, U.S. Survey 2539 (Kenneth and Barbara Sikora). Mrs. Crowe moved to reconsider the Commission's action on Case No. 5-80-006, taken May 28, 1980. Mr. Hill seconded the motion, which passed by unanimous roll call vote. Mrs. Crowe moved that the preliminary plat, Case No. 5-80-006, be returned to the subdivider because no dedicated access is provided to proposed Lot 14E-1; and that the subdivider be notified that the actual location of existing underground utilities will be required to be shown upon the plat, when the plat is resubmitted. Mr. Ball seconded the motion, which passed by unanimous roll call vote. IX. INFORMATION AND REPORTS A. Communications - None B. Reports 1) Chairman's Report: Mr. Pugh apologized to the Commission for his inability to attend the May 28 and 29 meetings; he was ill. He thanked Mr. Ball for chairing those meetings. 2) Committee Report - None F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION June 4, 19V Meeting Minutes - Page 4 3) Staff Report a. Planning Director: Mr. Milligan announced that the memorandum dated June 3 handed out to the Commissioners asking them to check their copies of the Municipal Code was prompted by his finding of a Title 9 in a copy of the Code. Title 9, "Public Peace, Morals and Welfare", which deals with fireworks, was defeated by a referendum vote of the people, and is not in effect. Mr. Milligan thanked the Commissioners for the support, encouragement, and cooperation he has received from them throughout the three years of his working for the Borough. X. COMMISSIONERS' COMMENTS - None XI. AUDIENCE COMMENTS Mr. Bill Pilkington inquired about Mr. Grothe's proposed Lakeview Subdivision (Case No. 5-80-005) which had been scheduled for the Commission's review tonight. Mr. Milligan replied that the Borough Administration had instructed that the case be removed from the agenda of this meeting; that no alternate date had been set. Mr. Glenn Mathes, Bells Flats resident, would like the Commission to recommend rezoning of all lots above (to the north of) P-8, Kodiak Cattle Association, within Tract "A" to something other than Industrial (or Industrial Reserve): Tracts P-1, P-2, proposed Lots 1 through 4 of proposed Block 2, and proposed Lots 1 through 6 of proposed Block 1. Mr. Bill Williams, Bells Flats resident, inquired about the number of homesites the proposed three subdivisions would produce. Mr. Crowe replied that 29 remained, after passage of the Resolutions reserving future school, public facilities, parks and open spaces, and sewage disposal sites. Mr. Williams suggested that if the Borough Assembly's intention in subdividing and selling is to make homesites available, lands now zoned for industrial and/or business use should be rezoned to Rural Residential and subdivided for homesites. In response to audience inquiries concerning how rezoning is initiated, Mr. Milligan explained that zoning changes can be initiated by only three entities: the Planning and Zoning Commission, the Borough Assembly, or the owner of property proposed for rezoning. The Borough Assembly is the owner of the properties proposed for subdivision in the three cases heard tonight: Case No. 5-80-010, -011, -012. Mr. Spencer Schaeffer recommended to the Commission that Lots 1 through 4, proposed Block 2, Tract A, be rezoned Industrial, and Lot P-1 be rezoned Rural Residential. Mrs. Robin Schaeffer agreed. Mrs. Barbara Sikora suggested that the proposed park land in Tract A (Lots 1 through 4, proposed Block 2) be rezoned and subdivided for Ir homesites. Mrs. Pat Lods requested that a buffer zone be provided at the north- westerly portion of Tract "A", between the Industrial land in Tract "A" and the Rural Residential (and existing residential use) lands in existing Block 5, Bells Flats Subdivision. Mr. Spencer Schaeffer agreed with Mrs. Sikora that Lots 1 through 4 of proposed Block 2 should be rezoned to Rural Residential. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION June 4, 1986 Meeting Minutes - Page 5 Mr. Bill Williams commented that the lots along Chiniak Road proposed for rezoning from Business to Industrial (Case No. 5-80-011, proposed Lots 16 through 27, Russian Creek) were suggested by the Bells Flats residents as a trade-off, as a location for industry now occupying P-1 in Tract "A", Bells Flats. It was not the intent of the residents that additional land should be opened up to industry. Mrs. Mary Mathes inquired whether zoning changes can be recommended after the land is subdivided, was informed that they can be. Ij Mr. Royal Large inquired about the composition of the Bells Flats - Russian Creek Planning Advisory Committee (Resolution No. R-80-4). Mr. Milligan replied that the Assembly and the Borough Mayor would determine the Committee's composition; that the Mayor appoints and the Assembly ratifies the appointment of members to Committees. F Mr. Michael Brechan, tenant of P-1, Tract "A", Bells Flats, stated that decisions were made a long time ago concerning the zoning of the land within Tract "A". He asked the Commission to consider the economics of the entire Kodiak community, not just the wishes of Bells Flats residents and property owners. Brechan Industries will oppose efforts to relocate them to another site because of the economic factors involved: the lots along Chiniak Road are very low and will require a great deal of fill. Brechan Industries is willing to talk about fringes, slopes, and hiding the facilities on P-1 from public view. A discussion followed about possible zoning changes for those lots proposed for the school, parks, and public facilities. Mr. Pugh stated his opinion that a line should be drawn at the northerly boundary of P-1, and that no industry should be permitted above that line. He suggested that the lots recommended for school,, parks,, and public facility sites should be changed to a "Public and Open Spaces"zoning classification. Mr. Milligan explained that while a "Public Lands and Institutions" zoning classification used to exist, it doesn't any longer. "Service and Recreation" is not a zoning classification, according to the Code, but rather a use permitted in any district except districts zoned Watershed. Mr. Pugh, addressing the audience, said he realizes that the people from Bells Flats hadn't received everything they wanted from the Commission regarding the three proposed subdivisions of Borough -owned lands within their community. He expressed his appreciation to the residents for the input they provided the Commission, with special appreciation for Mr. Glenn Mathes efforts. Mr. Pugh thanked Mr. Milligan for his fine work during the past three years as Borough Planning Director. He feels Mr. Milligan has worked long and hard for the entire Kodiak Island Borough and its residents, and that the community has benefitted enormously from Mr. Milligan's efforts. While there have occasionally been differences of opinion, the Commission and Mr. Milligan have always "pulled together" for the good of the community. He wished Mr. Milligan the best of luck in his new position "outside". XII. ADJOURNMENT Hearing no objection, Mr. Pugh declared the meeting adjourned at 9:20 p.m. RESPECTFULLY SUBMITTED: