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1979-06-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 20, 1979, 7:30 P.M. Borough Assembly Chambers I. CALL TO ORDER The meeting was called to order at 7:30 p.m. in the Borough Assembly Chambers by Vice Chairman Phil Anderson. II. ROLL CALL Commission members present: Members Excused Vice Chairman Mr. Phil Anderson Dan Busch Mrs. Virginia Crowe Ron Ball Mr. Eugene Erwin [r Mr. John Pugh AI soTf Prez resent: Mr. Harry Milligan, Planning Director Mrs. Linda Puliz, Secretary Mr. Bryce Gordon, Building Official Mr. Gary Hovanec, Borough Engineer III. APPROVAL OF MINUTES t was movea mr. ru n ana seconaea P mrs. urowe inutes of the ay P Z Regular_Meeting be a n addition to the correction under 0 d Business re IV. APPEARANCE REQUEST - None V. UNFINISHED BUSINESS 1. Wellborn, Russell: Borrow Site Lease; Bells Flats Alaska Subdivision, Tract B-2. r STAFF REPORT: Mr. Milligan reported that Mr. Wellborn did deposit a check with the clerk and it was placed in the safe and a record was not made of the entry of the check until after disposition of Borough action, and it was an oversight on our part. The check was dated 10/30/78. The original lease was approved on 6/22/76, so the renewal date would be the 22nd of June each successive year. It was renewed in 1977, (payment was received 6/77). The next payment was received in October 1978. The lease expired 6/22/78. Mr. Erwin asked if the Borough was to notify Mr. Wellborn of renew- ing his lease. Mr. Milligan quoted based on the Municipal Code 18.64.060 " a lease holder has to make application no sooner than 60 calendar days and no later than 30 calendar days prior to the expiration". It was moved by Mr. Pugh and seconded by Mr. Perez to approve the Borrow Site Lease for Russel Wellborn for Bells Flat Alaska Sub- mrs. Lrowe asKea the r&t commissioners it sne snouia witnaraw trc voting due to her husband beinq a majority stockholder in Cessna Bros. The committee agreed to this. Motion failed by unanimous roll call vote. 2. Brechen Enterprises Inc.; Borrow Site Lease on Tract B, Bells Flats Alaska Subdivision (B3 & B4). STAFF REPORT: Mr. Milligan reported it would be our recommendation that this matter remain with no action tonight. Mr. Hovanec has met once with Mr. Brechen, he has not had an opportunity to meet with the subcommittee of the commission and Mr. Brechen to discuss Mr. Brechen's lease and the reused development Plan and that this matter be held over until your next regular meeting. It was moved by Mr. Perez and seconded b Mr. Erwin to have this tabled until the next xi Motion passed by unanimous roll call vote. KIBS225033 F r KODIAK ISLAND BOROOGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 20, 1979, 7:30 P.M. Borough Assembly Chambers Page 2 VI. PUBLIC HEARINGS Z-79-021. A request to rezone Tract G-1, U.S.S. 3218 from Unclassified to Business. STAFF REPORT. Mr. Milligan reported that Mr. Hatfield's site is immediately adjacent to property owned by Mr. Rasmussen which was rezoned for business on April 30, 1979. The site is also directly across the street from the Gilbert and Chase property which was also rezoned on April 30, 1979. Mr. Hatfield proposed on May 15, 1979 that his property Lot G-1, U.S.S. 3218 be rezoned from unclass- ified to business consistent with the Comprehensive Plan. This request is in an area which has just undergone extensive study. Both the Commission and the Borough Assembly found the need and business lands adjacent to this site. Vice Chairman Anderson closed the Regulare meeting and opened the Public Hearing. Mr. Hatfield came forward and spoke on his behalf relating that he wants to build a basement (35' x 70'). This basement would be used by his son-in-law to work on cars for the family and to do odd jobs. He also stated that at a later date he would like to build a structural house or modular above the basement. These structures would be on 2/3 of an acre. Hearing no one else speaking for or against this request Vice Chair- man Anderson closed the Public Hearing and resumed the Regular Meeting. It was moved by Mr. Pugh and seconded by Mr. Erwin that we approve and recommend to the Borough Assembly that they approve a request to rezone Tract G-1, U.S.S 3218 from Unclassified to Business. Motioned carried by unanimous roll call vote. Z-79-022. Requesting an amendment to the Comprehensive Land Use Plan to include Lot 2A, U.S.S. 3218, from medium density residential. STAFF REPORT. Mr. Milligan reported that the petitioned property was considered by the Commission when studying the recently approved land Use Plan Amendment. At that time the Commission did not want to include Mr. Zimmer's property even though you were aware of his use. Another reason for not extending business uses along Island Lake Road resulted from testimony presented during the hearings on Mr. Brechan's property Tract S-1. The churches and residents along the road felt that the increased flow of non-residential traffic would severly impact the area and constitute a danger to children walking to and from school. Hearing no one speaking for or against this request Vice Chairman Phil Anderson closed the Public Hearing and resumed the Regular Meeting. Mr. Puqh moved and seconded by Mrs. C for an amendment to the Comprehenisve 3218 from medium density residential home courts to business. Motioned fa VII. OLD BUSINESS st and mooiie unanimous ro KIBS225034 S-78-103. Bors/Furin/Pratt V./R. of Lots 12-16, Blk. 2; Lts. 9-16, Blk. 3; and part of Malutin Ln. R.O.W.; R/to Tract "A", Allman Addition U.S.S. 1396. STAFF REPORT. Mr. Gordon (Building Official) presented the staff report stating that he had reviewed the site plan and found the proposed plan is consistent with all applicable zoning codes and ordinances. There was some discussion in regards to the two parking spaces that are near the entrance. It was felt that the cars backing out may create traffic congestion for the cars entering. It was suggested by the Committee that the two parking spaces be made available for KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 20, 1979, 7:30 P.M. Borough Assembly Chambers Page 3 bicycles or motorcycles. By doing this the site plan would still be in conformance with the zoning ordinance. Mr. Pugh moved and seconded by Mr. Per to approve the site plan as shown to us by Mr. Bnrs, Dr. Fur in for Tract "A" Allman Addition U.S.S. 13 6 for 717 parking spaces with 2 parking spaces to be des- ignated for use b bic Iles and or motorcycles. Virginia Crowe move to ammend Mr, ugh s motion to include the sionin for the entrance and exit for the traffic pattern on and off of Mill Bay and disiqnate specifically the two parking stalls that are at the entrance off of Mill Bay. Motion carried by unanimous roll call vo S-79-016. A request for an amendment to a plat establishing a public use easement across Lt. 1, Blk. 3, Mt. View, 2nd Addition U.S.S. 1678. (Ron Doubt) STAFF REPORT: Mr. Milligan reported that the Borough Assembly had tabled this item to their July 5th meeting for an opportunity to come before you to decide whether or not the Notice to Purchasers is still needed. Since then, Mr. Grothe has sent a letter to the Planning Department stating that he has no further objections to Mr. Doubt's easement and dedication of the easement. It was discussed by the Planning Commission that it would be in the best interest for Mr. Doubt and the Planning Commission if Mr. Doubt would have Mr. Grothe's letter recorded as a legal document. Mr. Doubt agreed to this. Mrs. Crowe moved and seconded by Mr. Pugh that we approve the plat establishing a public use easement across Lot 1, Blk. 3 Mountain View 2nd Addition, U.S.S. 1678 with a stipulation that the letter from Mr. Grothe be filed in appropriate public places. Motion carried b unanimous roll call vote. Z-79-024. Amendment to UR-19 Urban Redevelopment Plan. (Ron Ball) STAFF REPORT: Presently the approved U.R. 19 Plan limits buildings in the central corps area to two stories and a balcony or mezzanine with a maximum structure height of 35 feet. The proposed amendment would allow three stories but would not change the maximum structure height provision. Vice Chairman Phil Anderson closed the Regular Meeting and opened the Public Hearing. Mrs. Carol Lechner came forward and spoke in opposition of this request. In brief her comments were: 1) it was not to the best interest of the downtown area to allow three stories being built, 2) it would increase density whether it be apartments, offices, retail outlets, or restaurants, 3) people do not want increased density in the downtown area without providing adequate parking, and 4) all owners and leasees of all properties fronting the mall should be in concurence. Mrs. Gottschalk came forward and spoke in opposition of this request. She read a letter (for the record) stating reasons why she and other owners and leasees are in opposition of this request. They feel that there would be inadequate parking if three stories would be allowed. They also feel that three stories would be impossible to follow the original mall agreement which was: two stories not to exceed 35' and a fire wall from the ground up according to the original plan of the area, (concrete block with poured concrete and spaces between the buildings). Hearing no one else speaking for or against this request Vice Chair- man Phil Anderson closed the Public Hearing and resumed the Regular Meeting. KIBS225035 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 20, 1979, 7:30 P.M. Borough Assembly Chambers Page 4 Mr. Pugh had asked Mr. Milligan for an explanation "that in the Urban Renewal Projects which is sort of a rather complex group of people who shall we say have to sit together and agree before anythin can be done. Would you say that Ordinance 548 basically put us in a position that until such time as all property owners concur and is ready, very little can be done on this matter?" Mr. Milligan explained that a lack of concurrence is sufficient to nullify a change. The Planning Commission could opt to wait for a concurrence from the city who is the primary administrator of the project or the Planning Commission could take separate action. The plan could not be changed without adoption and implementation to the city's ordinance and concurrence of the properties owners. It was moved by Mrs. Crowe and seconded by Mr. Erwin that we recommend that the mall area stay as it is currently. Motion passed by unanimous roll call vote. VIII. INFORMATION AND REPORTS A. Communications - None B. Reports 1. Chairman's Report - None 2. Committee Report - None 3. Staff Report - a. Borough Manager - None b. City Manager - None �+ c. Planning Director: Three reports I1. The Borough Assembly has asked that you reconsider the plan and that you reconsider your recommendation for adoption and that you refer the plan back to the Planning Staff and that we in-house expand upon the plan to include park and recreational facilities needs within each of the island's second class cities. It was moved by Mr. Pugh and seconded by 1r. Erwin to refer this back to the planning staff the Park and Recreational Plan to include the second class cities and the Borough in it, and to bring it back to us. Motion carried by unanimous roll call vote. 2. The City of Port Lions has submitted a plan that has been developed for City of Port Lions. You can acknowledge receipt of the plan tonight, take it under advisement for review and study and ultimate recommendation for adoption. It was moved by Mr. Pugh and seconded by Mr. Perez that we acknowledge receipt of the Port Lions Comprehensive Park Plan and Recreational Plan and that we refer this to a work session to take action on. Motion carri by unanimous roll call vote. 3. The Kodiak Electric Association has requested from the borough an easement (the area delinated in red on the map) and that is where they will extend the powerline from Russell 1 ultimately over to where the lift station is in Elderberry. The first phase of that powerline extension is obtaining an easement. Part of the easement will come from the city land, some from private lands within Elderberry and some from the borough. It was moved by Mr. Pugh and seconded by Mr. Perez that we grant the KEA th land for the easement for the Tract A, USS 2538 and unsubdivided portion of USS 3468 KIB State of Alaska as described in meets and bounds of the letter which I have in my hand which I will acknowledge by signing the bottom of t letter and is tape unclear depict upon. Motion carried by unanimous roll ;n „�+o KIBS225036 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 20, 1979, 7:30 P.M. Borough Assembly Chambers Page 5 4. Mr. Milligan stated fir. Harry Carter who is the coordinator of the Joint Venture group putting in the Chiniak Job Corp Center, would like an opportunity to appear before you to discuss re -subdividing, rezoning the construction of some facility units, they need 40 or 50 units of facility housing. Mr. Anderson stated that the P $ Z Commission will give him 30 minutes to make a preliminary presentation on the 11th of July, and then prehaps schedule them on Ir� the 18th of July. IX. COMMISSIONER'S COMMENTS- None X. AUDIENCE COMMENTS- 1. Mr. Jan Sieberts representing the National Bank of Alaska came before the Commission to request prehaps a special meeting or to meet in the near future (30 days) to request a vacation and replat of Tract 1. The vacation will completely vacate all the existing lots. This would be to physically locate those buildings where they actually are on the ground, and this is critical in the conveyence, because you are conveying the building and the land under and a little bit of land in front and behind it. So it is extremely critical as to the precise location of the land being conveyed. That is in itself is going to necessitate a replat. Mr. Anderson designated Mr. Pugh to contact Mr. Garnett on this matter. 2. Mrs. Betty Bishop requested clarification on one item regarding lots and lot areas. Item 17.42.010. Mrs. Bishop had some disagreement with some of the staff. Mr. Anderson directed the staff to research this request and report back to the Commission. XI. ADJOURN,EP1ENT - Vice Chairman Phil Anderson recessed the Regular Meeting until 12:00 noon on June 21, 1979. ATTEST: P 73 ecre ary APPROVED BY: Chairman KIBS225037 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 21, 1979, 12:00 P.M. (continuation of June 20, 1979) Borough Assembly Chambers I. CALL TO ORDER The meeting was called to order at 12:00 p.m. in the Borough Assembly Chambers by Vice Chairman Phil Anderson. II. ROLL CALL Commission members present: Vice Chairman Mr. Phil Anderson t^- Mrs. Virginia Crowe Mr. Eugene Erwin Mr. John Pugh Mr. Tony Perez Also Present: III r= IV r— Mr. Harry Milligan, Planning Director Mr. Bryce Gordon, Building Official Mrs. Linda Puliz, Secretary UNFINISHED BUSINESS: Members Excused Dan Busch Ron Ball A request for clarification to Item 17.42.010 of the Municipal Code regarding lots and lot areas. STAFF REPORT: Mr. Milligan reported from Ordinance 17.20.050 on Page 78 and Anderson's American Zoning Law Page 245 of Volume II. The interpretation still being unclear there was some discussion as to have an attorney clarify the interpretation. It was moved by !ir. P a variance at the nex on it. Motion carrie having to leave prior ADJOURNEMENT and seconded by Mr. Perez to set this gular Meeting and hold a Public Heari unanimous roll call vote with Mrs. C To]] call. Hearining no further comments Vice Chairman adjorned the meeting. ATTEST ecretary APPROVED BY: 2Z �� Chairman KIBS225038