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1981-10-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND October 21, 1981, regular meeting Page 1 (Verbatim tape recording on file in ZONING COMMISSION MINUTES the Community Development Department) CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:30 p.m. COMMISSIONER'S PRESENT Virginia Crowe Ron Ball Pat Briggs (arrived at 7:35 p.m.) Jerry Gudenau JoAnn Strickert (arrived at 7:45 p.m.) ALSO PRESENT Will Walton, Director of Community Devel. Bill Hodgins, Zoning Officer THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MEETING SCHEDULED FOR SEPTEMBER 16, 1981 WAS CANCELLED DUE TO ILLNESS AND LACK OF A QUORUM, THE ITEMS ON THE SEPTEMBER AGENDA WERE HEARD ON OCTOBER 21, 1981. KIBS225248 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES October 21, 1981, regular meeting Page 2 Mr. Ball moved to grant an exception from Section 17.51.020 to permit the con- struction of an accessory building before the construction of a main building on lot 3 block 1 Kadiak Alaska Subdivision First Addition. Seconded by Mr. Hill. Motion FAILED by unanimous roll call vote. Reasons for denial: 1. Crab pot storage and accessory building in R-3 zoned land is not in harmony with the elements and objectives of the Comprehensive Plan. r-- 2. It would be detrimental to the value of the surrounding property owners land. 3. Chapter 17.36.010 states "nor shall anything be done that would influence the logevity of prepetuation of such non -conforming use... furthermore, that no non- conforming use occupying any land shall be enlarged or extended into any other portion of such land. 4. PUBLIC HEARING ON CASE LL -81-002. A request for lease of Borough owned land on Section 2, portion of KIB 12, material site along Russian Creek Alaska Subdivision (Gary A. Johnson). STAFF REPORT: Mr. Walton presented the staff report and addendum as prepared by V Community Development Department. 17 notices were sent. 1 was returned in favor and 2 were against the lease. Also received a petition against the lease. Mr. Hill we should take all of these lease requests at once. Mrs. Crowe the only problem would be with #6 as it is set aside for State Gravel extraction for the Alaska Highway Department. Mr. Hill let's do #4 and #5 together and take #6 separately. Mr. Ball what's the deal with the Blair's house? Mr. Walton the house is apparently in a long standing easement request to extend Gara Drive for Mr. King to be able to obtain access to his land in the future.. The Assembly did grant the request for an easement. We are having trouble deter- mining exactly where it goes in relation to what is on the property. It looks lik the house the Blair's occupy is either in the middle of the road or in the road right-of-way. Blair's house may have to be moved. Mrs. Crowe the land is Borough land correct? Mr. Walton yes. Mrs. Crowe are steps being taken to move the house? Mr. Walton yes. Mr. Ball if we recommend sale, what happens to the easement? Mr. Walton it would have to be recognized on the plat. Discussion on the easement for Mr. King. Mrs. Crowe closed the regular meeting and opened the public hearing. Mr. Walton pointed out the three lease areas being considered on the map for the r- audience. John Bealy Woman's Bay Community. Would like to show greenbelt area of the propose plan. Opposed to any leasing until the plan is adopted. Cy Hoen same feelings as Mr. Bealy. Fish and Game is interested in doing some fisheries out there. Against leasing. Mrs. Crowe explained that lot 1, block 5, was taken off the public sale with the intention that it might be used for public land in the Bells Flats area. Bill Williams Chairman of Woman's Bay Community. Opposed. Would rather see it sold than leased. Ricki Bayne opposed. KIBS225250 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES October 21, 1981, regular meeting Page 3 Ken Sikora opposed to leases for the simple reason that the Borough has stated that they are unable to maintain leases. Borough does not have the policing powers to keep everything cleaned up. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball Mr. Johnson requested sale but the Planning and Zoning Commission initiate the lease. What is the topography of Johnson's land? Mr. Walton ski slope. Discussion on Mr. King's easement. Mr. Briggs do we have title to this land to sell it? Mrs. Crowe yes, we recommend to the Assembly. Mr. Ball moved to recommend to the Borough Assemblv that thev disoose of land on value exceeds the negotiable limits it would have to ao to Dublic auction. Second - 5. PUBLIC HEARING ON CASE LL -81-003. A request for a land lease on lot 1, block 5, Tract A, Bells Flats Alaska Subdivision. (Ted Olafson) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum preparec by the Community Development Department which recommended tabling until the BorougF has a land sale. Public hearing was held under Case LL -81-002. Mr. Hill moved to grant a request for a land lease on lot 1, block 5, Tract A, Bells Flats Alaska Subdivision. Seconded by Mrs. Strickert. Motion FAILED by unanimous roll call vote. 6. PUBLIC HEARING ON CASE LL -81-004. A request for land lease on Section 31, T28S, R20W, in KIB 12. Rickie Walker STAFF REPORT: Mr. Walton presented the staff report based on a memorandum preparec by the Community Development Department which recommended denial of the request. Mrs. Crowe closed the regular meeting and opened the public hearing. Dan Bayne should not be lease ever as it is right on the land, no sewer facilities, no access. Against the request. Barbara Mcaheiveir opposed. When the river is high it could flood, sewer problem. Janet Atwood opposed. Ricki Bayne why no rules for floodplain? Mr. Walton a few years ago alot of work was done on floodplains within the City and Borough which were then designated on official maps and the next step was to have the maps adopted by the Borough Assembly and have appropriate regulations adopted. Ricki Bayne I think it should be finished by the Assembly. Mrs. Crowe it wouldn't be out of line for the Woman's Bay Community to send a letter to the Borough Assembly and ask them to bring it up for reconsideration or to consider appropriate legislation to cover this type of situation. Discussion between Mrs. Crowe and Mr. Bayne in the audience. Mrs. Crowe closed the public hearing and reopened the regular meeting. KIBS225251 ra KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES October 21, 1981, regular meeting Page 4 to grant a request for a 1 in KIB 12. Seconded by Mrs. Strickert. Motion FAILED by unanimous roll call vote. Mrs. Crowe you will be bringing a Comprehensive Plan to us for review in November or December correct? Mr. Williams we will try to have it completed in December. Mrs. Crowe it will take us time to review the plan and we are expecting it in December, would like you to set up a work session to discuss only the Bells Flats Plan and schedule public hearings. Mr. Williams we have been working with Mr. Walton. 7. PUBLIC HEARING ON CASE S-81-021. (preliminary)Subdivision of lot 18, block 1, Mon- ashka Bay Alaska Subdivision into two lots: lots 18A and 18B, block 1, Monashka Bay Alaska Subdivision. (Mary Peterson) STAFF REPORT: Mr. Walton stated that this subdivision has a lot of poblems. 15 notices were sent and none returned. Mr. Hill if a subdivision is in the wrong, why should it even come to us? We coul save time if the office could just put a stop to it. Mrs. Crowe closed the regular meeting and opened the public hearing. Bob Tarrant I would like to withdraw this case as it has been resubmitted. Mrs. Crowe ruled that the case was officially withdrawn. 8. PUBLIC HEARING ON CASE S-81-022. (preliminary) Subdivision of lot 4A, block 3, Miller Point Alaska Subdivision, USS 3462-3462 into two lots: lots 4A-1 and 4A-2, block 3, Miller Point Alaska Subdivision. (Michael and Violet Rock) STAFF REPORT: Mr. Walton presented two staff report addendums prepared by the Community Development Department and Mr. Garnett, Borough Attorney. Mrs. Crowe closed the regular meeting and opened the public hearing. Mr. Tarrant for the subdivision. Mr. Ball who owns the land? Mrs. Crowe Michael and Violet Rock. Lorna Arndt are they each one acre lots? Mrs. Crowe yes. Lorna Arndt if the one building is sitting in the middle of the lot and you sub- divide you should take the building down as you have to be so many feet away from your lot lines. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball is there a commission involved in the sale of this land? Mr. Gudenau yes. Mr. Ball who is handling this sale? Mr. Walton Toby Cook. Mrs. Strickert we turned down the other request for an accessory building without a main building so we shouldn't change now. Discussion between the Commission members on the difference between the two cases involved. Mr. Gudenau moved to grant a sion of lot 4A, block 3, Miller Point AIaSKa Jubolylslon, UJD 34bZ-34b3 lnLo Lwo IoLs: IoLs 4H-1 aria 4H -Z, DIUUK 3 Miller Point Alaska Subdivision with the following stipulation, 1. that they remov KIBS225252 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES October 21, 1981, regular meeting Page 5 Discussion between Commission members on obtaining a building permit. Mrs. Crowe stated that Section 16.20.050 lot arrangements says that all sidelines of lots shall be at right angles to street lines, etc. unless there is an unusual circum- stance, no public road to lot 4A-2. Discussion on an easement for road access to lot 4A-2. Mr. Hodgins a building permit could be issued for the remodeling of the accessory building to make it into a main dwelling then move it back to meet setback require• ments. j.. Motion PASSED with a 4-3 vote, Mr. Ramaglia, Mr. Briggs, and Mrs. Crowe vot I and Mrs. Strickert,Mr. Ball, Mr. Gudenau and Mr. Hill voted YES. Mr. Hill if the lot lines were straightened would there be enough acerage? Mr. Walton I believe so. Mr. Ball the reason I voted for this was because it is his property and he can do what he wants. Mr. Gudenau moved to reconsider this case. Seconded by Mr. Hill. Motion PASSED b unanimous roll call vote. Mr. Gudenau moved to reconsider the preliminary subdivision of lot 4A, block 3,____ Miller Point Alaska Subdivision, USS 3462-3463 into two lots: lots 4A-1 and 4A-2, block 3 Miller Point Alaska Subdivision with the following conditions: 1. that the accessory building be removed prior to final plat approval and 2. that the lot lines be straiahtened out between the monuments. as Der drawing in the case file. 9. PUBLIC HEARING ON CASE S-81-023. (preliminary)subdivision of lots 8 and 9, block 2 and replat into three lots: lots 8A, 9A and 9B, Block 2, Monashka Bay Alaska Subdivision. (Ron Chase) STAFF REPORT: Mr. Walton presented a note submitted by Mr. Brighton that was a nonobjection to the subdivision. Commission accepted the note. Mrs. Crowe closed the regular meeting and opened the public hearing. Randy Chase for the subdivision. Discussion on water rights to the lake. Mark Chase for the subdivision. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball move to arant Orel a Subdivision with the following conditions: 1. show a utility easement a of line between lot 8A and the westerly side of lots 9A and 9B, 2. show nces and bearings for all lot lines and 3. show correct lot areas._ Secon Hill. Motion PASSED by unanimous roll call vote. 10. PUBLIC HEARING ON CASE 0-81-021. A request for an easement for KEA to construct an access road, transmission line, penstock and powerhouse near Kizhuyak Bay. (Dave Nease/KEA) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare by the Community Development Department which recommended approval of the request. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no testimony Mrs. Crowe closed'the public hearing and reopened the regular meeting. KIBS225253 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES October 21, 1981, regular meeting Page 6 11. PUBLIC HEARING ON CASE 0-81-015. An Ordinance amending Title 17 of the Kodiak Island Borough Code, pertaining to zoning, by revising Chapter 17.03, general provisions and deleting portion of chapter 17.30 general use regulations. (Com- munity Development Department) The Commission decided to have the public hearing for Cases 11, 12, 13, 14 and 15 concurrently. STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare( by the Community Development Department which recommended approval. Mr. Walton {r went on to explain about the Park Dedication Ordinance under #D in lieu of payment I to be placed into the capital projects park fund of the City or Borough, depending on the location of the proposed subdivision and only used for park and recreation development. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no testimony the public hearing was closed and the regular meeting was reopened. Mr. Ball moved to approve an Ordinance amending title 17 of the Kodiak Island Borough Code pertaining to zoning by reyisinq chapter 17 03 general provisions and deleting portions of chapter 17 30 general use regulations Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. 12. PUBLIC HEARING ON CASE 0-81-017. An Ordinance amending Chapter 17.09 Zoning Map and District Boundaries. Community Development Department.) r Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no testimony the public hearing was closed and the regular meeting reopened. 13. PUBLIC HEARING ON CASE 0-81-016. An Ordinance amending Chapter 17.28 Watershed Zones and deleting sections 17.30.060(8) and 17.66.030(8) Additional uses permitte in watershed zones. (Community Development Department.) Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no testimony the public hearing was closed and the regular meeting reopened. Mr. Ball FIF 01■RF deletina sections 17.30.060(B) and 17.66.030(8) additional uses permitted in water mous 14. PUBLIC HEARING ON CASE 0-81-023. An Ordinance amending Chapter 17.60 on signs. Community Development Department) Mrs. Crowe mentioned she would like to see protection against illuminated signs in the residential district, signs on the waterfront for industrial uses, and in sec- tion 17.60.030 #F one sign for the purpose of advertising a tract development or housing project of at least two acres in size. Such a sign shall not be permitted for more than one year. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no testimony the public hearing was closed and the regular meeting reopened. 15. PUBLIC HEARING ON CASE 0-81-024. An Ordinance amending Chapter 16.20 on design standards to include Park Dedication Requirements. (Community Development Depart- ment) Mr. Walton mentioned on change under #D cash in lieu of payment to be paid into The Capital Park Fund of the City or Borough, depending on the location of the proposed subdivision and only use for park and recreation development. Mrs. Crowe closed the public hearing and opened the public -hearing. Hearing no eses i�yhe public hearing was closed and the regular meeting reopened. KIBS225254 r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES October 21, 1981, regular meeting Page 7 M. CONSIDERATION OF CASE Z-81-019 A request to rezone lots 8, 9, 10, 19, 20, 21, 22, 23, 24, and 25, block 2, Allman Addition from residential to business. (Planning and Zoning Commission) Mrs. Crowe City has never filed for a plat vacation. That is why the map is messe up. Would like to send them a memorandum asking them to vacate this property alon, Baranof Park and bring -the map up to date. Mr. Ball moved to leave a request a memorandum to the City on vaca Mr. Ramaolia. Motion PASSED by dentia ots al roll c Vol e 17. CONSIDERATION OF CASE Z-81-022. Request for a variance from Section 17.60.050 for signs on lot 6, block 4, Airpark Subdivision. (Spenard Builders) Mr. Ball moved to remove a request for a variance on lot 6 block 4 Airpark Subdivision from the t voice vote. Mr. Ramaglia moved to grant a request for a varia signs on lot 6 block 4 Airpark Subdivision, and Pd. Seconded by Mrs. Strickert. Motion PASSED b e. i ion 17 50 for signs by unanimous 18. CONSIDERATION OF CASE S-81-010 (Final) Subdivision of Tract B, Bells Flats Alaska Subdivision, USS 2539, into five tracts: Tract B-1, B-2, B-3, B -4A and B -5A, Bells Flats Alaska Subdivision, USS 2539. (Kodiak Island Borough Assembly) ill moved to g 539. into five as 19. NEW BUSINESS - None 1 of on aska S 20. COMMUNICATIONS - no action needed 21. CHAIRMAN'S REPORT do we have a report from the Crab Pot Committee? 22. DEPARTMENTAL REPORTS Draft invitation and memorandum to the City on street names. 23. AUDIENCE COMMENTS Lorna Arndt - something about a group here to tell your problems to about utilitie Did not come up to the microphone, was hard to understand). 24. COMMISSIONER'S COMMENTS Mr. Hill - none Mr. Gudenau - none Mr. Ball - none Mr. Briggs - none Mrs. Strickert - none Mr. Ramaglia - none 25. ADJOURNMENT - Mrs. Stricker moved to adjourn. The meeting was adjourned at 10:05 K ATTEST: inning S retary DATE: November 18, 1 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION a Qm PlanHing Commission Chairman KIBS225255