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1980-06-18 Regular Meetingr-- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 18, 1980 Borough Assembly Chambers CALL TO ORDER - The meeting was called to order at 7:45 p.m. in the Borough .Assembly Chambers by Chairman Mr. Pugh. II. ROLL CALL Commissioners present 1rs. Crowe Mr. Pugh Mr. Hill Mr. Perez Mr. Ball (arrived 7:47) A quorum was established. Commissioners absent Mr. Erwin (excused) 11r. Baker Also present Ann Moen Joanne Jones Gale Lazarus Bryce Gordon Mr. Pugh read a letter of resignation effective June 18, 1980 from Mr. Don Baker. The Commission took up a Special Order of Business. Mr. Perez nominated Mr. Ball as Vice -Chairman of the Planning and Zoning Commission. Seconded by Mr. Hill. 1-lotion PASSED by unani_m_c vnirp vntP_ III. MINUTES - May 28, 29 and June 4, 1980 minutes as presented. Seconded by fir IV. APPEARANCE REQUEST - None. V. UNFINISHED BUSINESS - None. VI. PUBLIC HEARING A. ZONING Ball moved to accept the 1. Z-80-019. A request to amend the Comprehensive Land Use Plan affecting lot 5, block 1, Kadiak First Addition, from Mobile Home Courts to Industrial. (Richard K. Bulen) AND Z-80-016. A request to rezone lot 5, block 1, Kadiak First Addition from R-3 to industrial. (Richard K. Bulen) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Planning Department. Mr. Pugh closed the regular meetin .and opened the public hearing. Pir. Bulen spoke in favor of the rezoning request. He feels it is not out of line for this property to be zoned industrial and doesn't see the lack of utilities as a problem but rather as a benefit. Mr. Pugh asked what specific uses of the property wLmre envisioned. Mr. Bulen pointed out that currently the radio tower is on the land. Changing the zoning would bring this use into conformance with the code and also permit perhaps a radio studio. He had spoken with Mr. Converse, Mr. Painter, Mr. Alviert and Mr. Grothe (neighbors) who were in favor of the rezoning. Mr. Pugh asked if rezoning to business rather than industrial wouldn't work for the same usage. Pir. Bulen stated that he couldn't promise a radio studio. There KIBS225116 v,,asapossibility of a shop like a welding type business or otherwise. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 18, 1980 Page 2 Mrs. Alwert had no objection to the rezoning request in total but wanted to know how Mr. Bulen proposed to get in and out of the property. She stated he is using a road across her property that was put in without permission. r Mr. Bulen stated he is currently not using that road and has no definite access yet, but there is a platted road. He is also negotiating for acquisition of neighboring property. Mr. Pugh closed the public hearing and reopened the regular meeting. Mrs. Crowe stated that this area was one of very few designated as R-3, Mobile Home Courts on a main state highway in the Comprehensive Land Use Plan. Because of this and the area's proximity to schools she fels some other area would need to be designated as such and doesn't see where this could be done. Mr. Hill questioned where industrial zoning was to expand to. Discussion among Commissioners. Mr. Pugh objects to the request based on: 1) with other industrial uses in the area, he would rather see them together in a block, 2) the size of the lot, surrounded by R-3 lots, and 3) he questions whether the area is ideal for industrial use. Mr. Ball felt that if the area were to be zoned industrial there should be a gathering of the sections rather than ,— piecemeal, perhaps under a contract zoning type situation for one large piece. Discussion between Commission and Mr. Bulen. Mr. Ball moved to table the request to amend the Comprehensive I and llca Plan affact;nn lnt 5. block 1. Kadiak First Addition e Home Courts to Industrial and the request to rezone on Dassed by unanimous roll ca Mr. Bulen was asked to attend a work session with the Commission on July 2. 2. Z-80-018. A request to rezone lot 1, block 1, Holland Acres First Addition from unclassified to business. (John T. Johnson) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Planning Department. Mr. Pugh closed the regular meeting and opened public hearing, hearing no comments Mr. Pugh closed the public hearing and reopened the regular meeting. Mrs. Crowe asked if there had been any response to the public r hearing notices. Mrs. Jones said there was none. Discussion among Commissioners. Mr. Hill moved that the request to rezone lot 1, block 1, Holland Acres First Addition from unclassified to�ss cornnlcl businoacepted. ime by " Rail Nntinn PAgcpn by unanusrovote. 3. Z-80-021. A request to amend the Comprehensive Land Use Plan from medium density residential to business on lots 7-18, block 2, USS 3219. (Scott Arndt) KIBS225117 .-- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 18, 1980 Page 3 AND Z-80-020. A request to rezone lots 7-18, block 2, USS 3219 from rural residential to business. (Scott Arndt) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Planning Department. Mr. Pugh closed the regular meeting and opened public hearing. Mr. Duncan Hunter stated that he supports Mr. Arndt for his industriousness but disagrees with the staff report. Over the years, Planning and Zoning has assured him there are regulations which would require Mr. Don Arndt to clean up the mess behind his house. This had not taken place and the new ordinance passed by the Borough Assembly now essentially sanctioned the mess. Mr. Hunter further stated he is against the expansion of industry in the neighborhood. Mr. Dave Pistorese questioned whether the statement was made that sewer would be through to this area in 1983. Mr. Pugh answered that 1983 would be the earliest sewer service would be available. He feels that pronerty is locked in and not usable now and this might create additional problems. Mr. Pistorese stated that he has a problem with the general term business and would like to know more concretely what is planned for the lot. He is not against the principle of rezoning to business, just the general open term. Mr. Pugh read four responses to the notice of public hearing into the record. Ofelt - Against Tsopanoglou - Against A. Jensen - Against L. Jensen - Against Mrs. Lorna Arndt spoke in favor of the request. She owns the land surrounding the property in question on two sides. She cited examples of business uses already in the area, i.e. storage of fishing gear, parking of dump trucks and other vehicles. She feels there would be fewer problems with parking and the road if the area was zoned for business than if there was individual housing on each of the 12 lots. Mr. Scott Arndt spoke in favor of the request. Until 3-4 weeks ago, he thought this area would indeed have sewer service available by 1983, but now he feels that the EPA will kill this program. EPA will not fund projects that incorporate over 150% of the existing population in an area. Mr. Arndt doesn't feel this project will go through without EPA funds and even if it did, user rates would be phenomenal. Under these terms, Mr. Arndt can't see anything to do with this property for 5-10 years. He could get permits for septic tanks, but with these lots being the lowest in the area there are drainage problems. He feels there is a traffic problem in the area resulting from businesses already rezoned in that area. He is proposing low traffic businesses, i.e. his own construction company, other construction companies, cabinet shop. He agrees business is a broad word, but plans to develop the area in an organized manner. Mr. Pugh asked what the timetable for development was. fir. Arndt stated that he was looking at developing his business this fall, but the total development of all 12 lots would be a minimum of 5 years. KIBS225118 r-- R -- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regul.ar sleeting, June 18, 1980 Page 4 Mr. Pugh pointed out that business allows a wide range of uses and asked if Mr. Arndt would be willing to go for contract zoning. Mr. Arndt stated he was not agreeable to contract zoning because his intended use fits under the allowed use for business zoning. He can say that there will be no mobile home park or auto repair. Discussion between Commission and Mr. Arndt. Mr. Arndt stated for the record that he wishes he hadn't come in at all but had gone ahead with his plans and it would all be legal now under the ordinance passed grandfathering violations. Mr. Pistorese wants to see a definite plan for the area, so as to avoid the typical Kodiak junkyard. Mr. Arndt agreed that a concrete plan would be ideal, but feels that is virtually impossible. He wants to leave the allowed uses broad enough without having to lie. He is willing to discuss contract zoning but he wants to have some flexibility and not be too restricted. Mr. Pugh closed the public hearing and reopened the regular meeting. Discussion among Commissioners. Mr. Ball moved to reschedule a request to amend the Comprehensive ock Z. USS JZ19 from rural residential to business to the roll call vote 4. Z-80-023. Proposed street name clarification requested by the Planning and Zoning Commission. (Planning and Zoning Commission) Mr. Pugh summarized the Committee's recommendations. Mr. Perez feels it will benefit not only the utility companies but will aid in the next petition to the Postal Service for home delivery. Mr. Pugh closed the regular meeting and opened public hearing with the request that statements be confined to general opinions with no questions on specific names as this is a preliminary report. Mrs. Carol Lechner suggested Selig as a name and expressed the desire that it be used within the City. She also feels there is a problem with Purtoff, Petroff and other names sounding the same as far as creating confusion in emergencies. Mr. Jack Bunting stated that he felt there was a problem with not getting fair service at the Post Office. Mr. Pugh closed the public hearing and reopened the regular meeting. Mr. Pugh suggested Powell as a name and that at a work session the committee come up with a map showing proposed names and post this in the Post Office and the Kodiak Island Borough and City offices. Discussion among Commissioners. KIBS225119 Mrs. Crowe moved tc requested by the P1 KODIAK^ ISLAND BOROUGH PLANNI !G AND ZOidING COMMISSION! P"INUTES Regular Meeting, June 18, 1980 Page 5 and in the interim post a map for public viewing and the Post Office and the Kodiak Island Borough and neer n. Hr. Pugh declared a five (5) minute recess. Meeting was called to order. B. SUBDIVISIONS - None. C. OTHER - None. VII. OLD BUSINESS 1. 5-80-002. Proposed subdivision of lot 4, block 5, Bells Flats Alaska Subdivision into three lots (4A, 4B, and 4C) of approximately 1.02 acres each. (Robert Brooks) (FINAL) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Planning Department. Mr. Hill moved the proposed on VIII. NEW BUSINESS A. LAND LEASES 117 k 5. Bells 1. LL-80-001. A request for purchase of lot 12B, block 3, USS 3219 borough owned land. (Duane Freeman) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Planning Department. Mrs. Crowe said that land valued at $1000 or less could be offered on a negotiated lease, but this request seems to be for the entire survey. Mrs. Noen pointed out that there are no maps of the parcel and that it needs to be surveyed. Mrs. Lorna Arndt is against the request. Four years ago she wanted to purchase or lease this parcel. As there were no maps, she was told nothing could be done by the Planning Department as no footage or assessed value was available. Discussion among Commissioners. Mr. Hill moved to grant the unanimous roe i ca Mrs. Crowe moved that Proper steps be taken to survey this tract so that the parcel questioned above can be identifie and appraised. Seconded by Mr. Perez. Motion PASSED by unanimous roll call vote. 2. LL-80-002. A request for lease of a portion of Tract "A", Bells flats Subdivision (Proposed resubdivision lot 1, block 1, Bells Flats Alaska Subdivision.) (KEA) STAFF REPORT: Mr. Pugh read the memorandum from Hr. Dale Tubbs. KIBS225120 F_ F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 18, 1980 Page 6 Discussion among Commissioners. lease of a oortion lot I, block I, Bells plats Alaska Subdivision) and ent a negotiated lease with the stipulation that KE.A bear a costs. Seconded by Mr. Ball. ?lotion PASSED by unanimo roll call vote. B. OTHER 1. Kodiak Island Borough Capital Improvements Plan - Five Year Program. Mr. Pugh read a memorandum from Mr. Harry Milligan regarding the plan. Mrs. Crowe moved to pass the Kodiak Island Borough Capital Improvements Plan - Five Year Program on to the Kodiak Island Borough Assembly for their approval. Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. 2. 0-80-003. A request for access easement west of lots 1 and 2, P,ussian Creek Alaska Subdivision. (David J. King) STAFF REPORT: Mr. Pugh presented the staff report based on a memorandum prepared by the Planning Department. Mrs. Crowe moved to approve the request for access easement west of lots 1 and 2, Russian Creel: Alaska Subdivision with conditions as described in the staff report No. 1. 2 and 3 and a copy to z. Motion IX. INFORMATION AND REPORTS A. COMMUNICATIONS unanimous roll ca S-80-005. Proposed preliminary subdivision plat of Lakeview Subdivision. (Lennart Grothe) Mr. Pugh summarized the history of the case, closed the regular meeting and opened public hearing with the request that testimony be limited to issues at hand. Mrs. Carol Lechner stated that City Ordinance 406 was approved in 1973 setting down building heights allowable with regards to the Municipal Airport. As Mr. Grothe purchased this property in 1978, he should have known that all the lots were not buildable. She also feels that the off-street parking ordinance passed "lay 1st could create problems with this area as there is parking congestion on Larch Street already. Also there is a discrepancy in the Borough records and Comprehensive Plan with regards to rezoning this area. The city objects to development of this property on the basis of 1) the depth of lots, 2) off- street parking, and 3) it violates the approach zone. 1r. Jack Bunting, the FAA designated accident prevention specialist S. against t e request. He feels there is a problem with safety as the development of this area would conflict with the designated city and federally recognized glide slope. An alternate float plane facility should be provided if '-his request goes through. 1UBS225121 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 18, 1.980 Page P9rs. Marilyn Beukers, Flyrite owner and private citizen, spoke against the request. She stated Lily Lake is the only float plane facility for the island and serves as a vital link in the transportation system. She feels this request represents a hazard to aviation and is not in the best interests of the Borough. Mr. Norman Clentimack, property owner, spoke against the request. As a property owner one of the selling points of lake property was the float plane facilities. Closure of the lake will devaluate his land. He expects many lot owners would experience financial loss if the float plane facility is lost. Mr.. Harry Milligan, citizen and former staff member, stated this land was zoned unclassified in 1964. sir. Hansen, acting Borough manager, had said if it was determined that any of the lots were unbuildable, there would be an exchange with Mr. Grothe for Borough lands. Mr. Milligan also pointed out there is a difference in opinion on the legality of the city ordinance regarding building heights. Mrs, Lechner stated the map in the Comprehensive plan shows this area as R-2 but shows proposed use as public open space. Mrs. Beukers said that Mr. Ralph !Aright and Mr. Stan Balso had met with Mr. Hansen and they were assured nothing would be done to jeopardize Lily Lake as an aviation facility. Discussion among Commission and Mr. Milligan,. Mr. Bill Schwaab spoke against the reguest. He asked that Planning and Zoning turn the request down on the grounds it is unsafe and detrimental for the community. Mr. Pugh closed the public hearing and reopened the regular meeting. Discussion among Commissioners. Mrs. i preliminary subdivision plat of Lakeview Subdivision to permit a work session with the Kodiak Island Borough Assemblv. Seconded 110tion NAJJtU by unanimous ro Mr. Ball moved that the Droposed Dreli sland Borough sembiv at the z. Notion Dassed by unan B. REPORTS 1. Chairman's Report - None. 2. Committee Report - None. F-- 3. Staff Report - None. X. COMMISSIONERS' COMMENTS Mrs. Crowe hopes all Commissioners will attend the Saturday meeting. Mr. Pugh welcomed Mr. Ryan to the community and asked Mrs. Jones to call him to prepare letters of thanks to Mr. Busch, Mr. Baker and Mr. Milligan. XI. AUDIENCE COMMENTS -None. XII. The meeting was continued to July 2, 1980 at 10:25 p.-m. KIBS225122 r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 18, 1980 Page 8 PASSED AND APPROVED this 16 day of July , 1980. ATTEST Byt��Z --ol 4C ! fau4.r Secretary KODIAK ISLAND BOROUGH PLANNING AND ZONING C A rman ISSION XIBS225123 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Fleeting, July 9, 1980 (Continued from June 18, 1980) Borough Conference Room I. CALL TO ORDER - The meeting was called to order at 7:40 p.m. in the Borough Conference Room by Chairman Mr. Pugh. II. ROLL CALL Commissioners present Mrs. Crowe Mr. Pugh lr. Erwin Mr. Perez A quorum was established III. OLD BUSINESS Commissioners absent Mr. Hill (Excused) Mr. Ball (Excused) Also present Joanne Jones Gale Lazarus 1. S-80-005. Proposed preliminary subdivision plat of Lakeview Subdivision. (Lenhart Grothe) Mrs. Crowe reported on the work session held on June 21, 1980 with the Kodiak Island Borough Assembly. She understood from the meetina that if preliminary approval was given with the concurrence of the Borough and the pilots, Mr. Grothe will try for an agreement to trade Borough or City land for those lots that are unbuildable. Mrs. Crowe stated that it is not clear as to what type of agreement is proposed. She understands that in order to go for a trade, the Commission must aive some sort of aoproval to the case, so it can be decided what lots are buildable. She does not know who will decide which lots would be traded and which are buildable. Mrs. Beukers had thought there was an understanding a decision would be postponed until Mr. Grothe returned in the fall. Discussion among Commissioners. Mr. Pugh felt that since the Borough had requested the Commission to reconsider their decision on this case some weeks ago, a decision should be made tonight. Mrs. Jones felt that there should be another meeting between the pilots and the Borough since no one on the Commission had been informed of what resulted from the last meeting except for Mr. Milligan. Discussion among Commissioners. vision. lots I - a j-I roll ca consideration of the nv on Mr. Perez stated that he feels the pilots are going to have to sit down with Mr. Grothe and discuss this matter further. Discussion among Commissioners. Mrs. Beukers expressed concern over the governing body's fear of law suits. She feels this is more of a bullying action. She also feels that Lily Lake serves more of the community,than a few Pieces of property with buildings would benefit. KIBS225124 r r- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, July 9, 1980 Page 2 Mr. Erwin u Lakeview Subdivision a Z-L roil ca Mr. Pugh asked that this decision be communicated to the Borough Assembly. IV. OTHER Mr. Pugh read into the record a letter received July 2, 1980 from Mr. Dexter M. Ferry II requesting permission to install a second mobile home on lot 2, block 12, Monashka Bay Subdivision in order to care for his invalid father pending construction of a dwelling to accomodate his own family and his father. Mr. Pugh felt the Commission could direct the staff to issue a building permit for the second trailer, but as a condition of the building permit specify that the certificate of occupancy will not be issued until both trailers are removed. Mrs. Crowe felt there should be some sort of a time factor specified. Discussion among Commissioners. The Commissioners concurred that October 1981 would be specified also as a condition of the second trailer being moved onto the lot, for the time of removal of both trailers. The issue is to be brought up at the meeting on July 16 as a communication. V. ADJOURNMENT - Mr. Pugh adjourned the meeting at 8:00 p.m. PASSED AND APPROVED this 16 day of July , 1980. ATTEST By ZgzZ 1-1)° .Cawasur Secretary KODIAK ISLAND BOROUGH PL NNING AND ZONING COMMISSION By ..._ Chairman KIBS225125