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1979-08-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, August 15, 1979 Borough Assembly Chambers I II VI CALL TO ORDER - The meeting was called to order at 7:30 p.m. ROLL CALL Commission members present: Mr. Busch Mr. Ball Mr. Erwin Mr. Pugh Mrs. Crowe Also present: Mr. Milligan Mr. Gordon Mrs. Jones Mr. Hovanec Commissioner excused: Mr. Perez SPECIAL ORDER OF BUSINESS - Election of Vice Chairman. Mr. Pugh was nominated but due to lack of votes, Mr. Pugh asked that it be moved to a later meeting. MINUTES - July 18, 1979, Regular P & Z Meeting APPEARANCE REQUEST - None PUBLIC HEARINGS A. Zoning 1. Z-79-039. A request for an interpretation of the off-street parking provisions in Section 17.57 of the Kodiak Island Borough Code of Ordinances as they apply to Section 17.24, Industrial Zoning Use District. ( P & Z Commission) STAFF REPORT: Mr. Milligan gave a staff report based on a memorandum prepared by the planning staff. Staff does not think that parking is required in the Industrial districts. Setting forth reasons why the Building Official interpreted the code the way he did. Mr. Klinkner, Borough Attorney spoke on the interpretation of the parking. He stated that parking is REQUIRED. He also sees how the staff came up with what they came up with. He tells how he gets to the conclusion that off-street parking is required. Discussion on parking, on the buildings that have already been built. Commenced Construction - do things on the ground, if the plans are just drawn up then the person should provide parking but if they have already started construction then they will not have to put in parking. Mr. Busch closed the regular meeting and opened the public hearing. Mike Pendergrast spoke on the parking. The City approved the permit without parking that is why we bought the lot. Agrees on parking. Mr. Busch closed the public hearing and re -opened the regular meeting. Discussion on parking by the Commission. Plants that have already been built should have to require parking. Dicussion on the revoking of the Borough's signature on the International Seafoods permit. The dock and the building for International Seafoods is all on one permit. KIBS225045 Minutes, August 15, 1979 Page 3 and Mr. Erwin and Mr. Puqh casting YES votes. Mr. Busch suggests that we discuss this issue at the next work session. 3. Z-79-034. A request for a variance on lot 1, block 6, Erskine Subdivision. Gary Billings) STAFF REPORT: Mr. Milligan presented a staff report based on a memorandum prepared by the planning department. Mr. Busch closed the regular meeting and opened the public hearing. Mr. Billings spoke on his reason for needing the variance. Mrs. Crowe asked if the way the house is sitting on the plans is that the way it will actually be sitting on the lot? Mr. Billings yes, that is the way it is going to be sitting on the lot. Mr. Busch closed the public hearing and reopened the regular meeting. Mr. Pugh moved to grant the variance from the requirements of Section 17.42.010, 17.18.030, and 17.18.040 of the Kodiak Island Borough Code of Ordinances to permit the construction of a new dwelling structure on the joining lot containing approximately 5,617 square feet as apposed to the required minimum of 7.200 souare feet and which if granted will project on Mr. Busch asked Mr. Pugh to give reasons why he felt that the variance should be granted. 4. Z-79-040. An amendment to the Kodiak Island Borough Code of Ordinances, Section 17.42.010. (Non -conforming lots). (P & Z Commission) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. And an Ordinance prepared by the Borough Attorney's office. Mr. Busch closed the reqular meeting and opened the public hearing. Mr. Art Bors spoke in favor of the 5,000 square foot lot size. Mrs. BishoR in favor of the 5,000 square foot lot size. She also stated that this would make it easier for those people with non -conforming lots to sell them or to build on them. Mr. Busch closed the public hearing and reopened the regular meeting. Mr. Milligan asked Mr. Gordon about the 5,000 square foot lot size. Mr. Gordon thought it was a good size to stick to. During a discussion by the Commission, the 5,000 square foot lot size was agreed upon. r. Pugh moved to adopt an Ordinance repealing and reenacting the Ko sland Borough Code 17.42.010 non -conforming lots recommend passage orough Assembly and that under Section B, of the proposed Ordinance he figure 4,000 square feet be changed to 5,000 square feet. Secon v Mr. Ball. Motion PASSED by unanimous roll call vote. 5. Z-79-042. An amendment to the Comprehensive Land Use Plan reclassifying lots 16A, 16B, and 16C, USS 3098, from medium density residential to Business. (Burke and Kealey) STAFF REPORT: Mr. Milligan presented a staff report based on a memorandum and an Ordinance prepared by the planning department. KIBS225046 Mr. Busch closed the regular meeting and opened the public hearing. Minutes August 15, 1979 Page 2 r• ustrial and 1n intrebret the code to mean, to include oarkina in E n. Mr. PUah and Mrs. Mr. Pugh wants this cleared that this interpretation is to mean that there is one parking place for every 400 square feet of floor area or one parking place for each three employees whichever is greater as stated in the Ordin- ance. 5 minute recess Mrs. Crowe moved off-street parki the Industrial a effect on the ex Motion PASSED by Mr. Pugh moved t that all buildin Reserve Zones be made tonight. S rn i i ,,,,+o ssion interbreted the Ordinance to reauire striae Keserve districts, but have no buildinas in these zones. Seconded b directs the staff as of Auaust 16. 1979 he interpretation of thl S Urdinance n. Motion PASSED by unanimous roll 2. Z-79-038. A request for an Ordinance requiring P & Z review of all building permits for Commercial and Industrial land uses prior to their issuance or approval by the Borough Administration. ( P & Z Commission) STAFF REPORT: Mr. Milligan presented a staff report based on an Ordinance prepared by the planning staff. Discussion by the Commission on reviewing the permits. They do not really want to review them all, they just want to know what development is going on. Mr. Busch closed the regular meeting and opened the regular meeting. Mr. Woodruff stated the only permits that should be reviewed by the Commission are special exceptions. He was not in favor of this Ordinance. Mrs. Bishop wanted to know about the cutoff date for the meetings. It is 30 days, depending upon the case. Mr. Art Bors stated he is against the Ordinance as there are already too many delays. Mr. Busch closed the public hearing and reopened the regular meeting. The Commission indicated they merely wanted to look at the building permit applications and site plans they were not concerned about holding those applications until a regular meeting. Their concern was to be made aware in case of any potential problems that might involve interpretations of the Ordinance. Mr. Milligan suggested having Mr. Gordon make a list of those permits where there might be some question.involving interpretation of the Ordinance and its application to a particular permit. KIBS225047 Mr. Puah moved to recommend to the B nino to the re- view of building permits Tor conTormlty to zoning. Inls motion 15 Tor Commercial and Industrial building permits. Seconded by Mr. Ball. Motion with a 3-2 vote. Mr. Ball, Mrs. Crowe and Mr. Busch carted NO votes. Minutes, August 15, 1979 Page 4 F- Hearing no comments for public hearing Mr. Busch closed the public hearing and opened the regular meeting. uah Assembly that thev amend the ve Land use vian al to business. VII. UNFINISHED BUSINESS 1. Z-79-025. A request to rezone lots 16B and 16C, USS 3098, from unclassified to business. (William Burke) STAFF REPORT: Mr. Milligan had no additional comments to add to this case as it is related to the one above. The only comment was that a gentleman could not be here this evening to speak on this matter and could it be brought up tomorrow night instead? Mr. Pugh moved to bring this item up at the end of the agenda. Mrs. Crowe 2. Z-79-028. A request to amend the Comprehensive Land Use Plan to Industrial. Koniag, Inc.) STAFF REPORT: Mr. Milligan presented a staff report based on a memorandum prepared by the planning department. Mr. Busch closed the regular meeting and opened the public hearing. There being no one to testify on this matter the hearing was closed and the regular meeting was reopened. Mr. Pugh moved to recommend to the Borough Assembly that they amend the Comprehensive Land Use Plan effecting the lands located at Shannon Point formerly within the U.S. Coast Guard Support Center, Kodiak and that the description of the lands as those described in the letter on June 22, 1979, from Koniaa. Inc. to Mr. Harry Millioan received by the Borough on June 25, unanimous roii caii vote. 3. Z-79-029. A request to rezone USS 2539 from Conservation to Industrial. Koniag, Inc.) STAFF REPORT: Mr. Milligan presented a staff report based on a memorandum prepared by the planning department. Mr. Busch closed the regular meeting and opened the public hearing. There being no one present to testify on this matter the public hearing was closed and the regular meeting reopened. Mrs. Crowe moved to recommend to the Borou h Assembl to rezone USS 2539 more particularly located within Protracted T.28 S., R. 20 W, Secs. 21, and 28 as described as follows: Beginning at a point at the line of means high tide on the southerly shore gf Womens Bay NORTH of the USCG triangulation station "CHRIS"• thence wester- ly and northerly along the line of means high tide of Womens Barg to a point at the means high tide on the north-westerlu shore of womens Bay, near the most northerly end of old shipyard, located northeasterly of USCG triang ation station "SHANNON" the true point of beginning; thence 380 30' W. approximately 500 feet to a point on a boundary of PLO 5566 described as bearing S. 50u 30 W.; thence S. 510 30' W. approximately 1550 feet to a point; thence S. 38 30 E. approximately 125 feet to a point which is N. 38u 30' W. 300 feet distant from the centerline of the Chiniak Road, thence southwesterly along the line which is 300 feet from a parallel centerline of the Chiniak Road a distance of 3100 feet to a point; the. 450 E. 400 feet more or less to the mean high tide line of Womens Bay; along said mean high tideline in a northeasterly direction to the true of beginning. (Containing approximately 46 acres) From Conservation Industrial. Seconded by Mr. Puqh. Motion PASSED by unanimous roll ca Wr thence vote. KIBS225048 Minutes, August 15, 1979 Page 5 VIII. AUDIENCE COMMENTS Mr. Alan Beardsley asked several questions about the status of the Forest Investment Company, Fir Terrace Apartments. Mr. Busch asked Mr. Milligan to comment on the status of the Fir Terrace project. Mr. Milligan defered the question to Mr. Gordon. Mr. Gordon's reply to Mr. Milligan, the fencing has been checked on and is being cut at Island Lake Sawmill, the contract for the landscaping has been awarded, the landscaping should have been started but due to the weather it was held up, the project is expected to be complete by September 15, 1979, and they are going to have a turn key occupancy by October 1, 1979. The blacktopping has been started in the first portion of the Fir Terrace Apartments. IX. ADJOURNMENT: Mr. Busch recessed the meeting until August 16, 1979 at 7:30 p.m. in the Borough Assembly Chambers. ATTEST: BY: P & Z Secret APPROVED BY: KIBS225049 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular meeting, August 15, 1979, continued to 7:30 pm August 16, 1979. Borough Assembly Chambers I. CALL TO ORDER: The meeting was called to order at 7:30 p.m. r- II. ROLL CALL Commission members present: Commission member excused: Mrs. Crowe Mr. Ball Mr. Erwin Mr. Pugh Mr. Busch Also present: Mr. Milligan Mr. Gordon Mrs. Jones Mr. Hovanec III. UNFINISHED BUSINESS Mr. Perez 1. Z-79-025. A request to rezone lots 16B and 16C, USS 3098 from Unclassified to Business. (William Burke) STAFF REPORT: Mr. Milligan presented a staff report based on a memorandum prepared by the planning department. Mr. Busch closed the regular meeting and opened the public hearing. Mr. J.T. Groggen stated that he disapproved of the rezoning. He would rather it stayed residential instead of business as he would like to build a house on the adjoining property, lot 17A. Discussion between the Commission and Mr. Groggen. Mr. Busch closed the public hearing and reopened the regular meeting. 2. Z-79-027. A request for a variance for the minimum lot requirements on lot 2, block 2, USS 1681. (William Hogan) 3 STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. Mr. Ball Mr. Milligan continued with the staff report after reconsideration of the variance was brought back up. The Commission had no questions for Mr. Milligan or for Mrs. Bishop. Z-79-030. A request for a variance from the minimum lot requirements on lot 3, block 2, USS 1681. (William Hogan) Mr. Pugh moved that we grant a variance form the minimum lot requirements on lot 3, block2, USS 1681. For the same reasons he gave on e a ove request. Seconded by Mrs. Crowe. Motion PASSED by unanimous roll call KIBS225050 Minutes, August 16, 1979 Page 2 I - 3. Z-79-031. A request for a variance from the minimum lot requirements on lot 19, block 2, USS 1681. (William Hogan) Mr. Puah moved that we Grant a vari lot 19. block 2. USS 1681. for the same reasons he aave on the above reauest. IV. PUBLIC HEARINGS A. SUBDIVISIONS 1. 5-79-033. A request for a subdivision on lot 1, block 4, Killarney Hills Subdivision. (Alan Beardsley) STAFF REPORT: Mr. Milligan gave a staff report based on a memorandum preparec by the planning department. Mr. Hovanec has some questions so you may wish to wait on this case until he gets here. Mr. Busch stated that the Commission would wait on this item until Mr. Hovanec showed up. 2. 5-79-035. Vacation of School Reserve of Port Lions Alaska Subdivision, Serial #65-1733. (State of Alaska) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. Mr. Busch closed the regular meeting and opened the public hearing. Hearing no comments Mr. Busch closde the public hearing and reopened the regular meeting. Mr. Puah moved that we n 51 B. OTHER the vacation replat of the School Resery Serial #65-1733 the land area as describ 1. 0-79-036. Purchase of Borough Land regarding Parcel P-1, Tract A, Bells Flats Alaska Subdivision. (Brechan Enterprises) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. Mr. Milligan suggested that the land be leased instead of being sold. He suggests a 10 to 20 year lease. Mr. Brechan spoke on his lease. He would like to lease again, but he would rather buy the land. The decision to sell is up to the Borough. He also discussed his redevelopment plan for the property. Discussion between Mr. Brechan and the Commission. KIBS225051 Mr. Milligan commenting on the redevelopment plants, stated the site has been used for a batch plant more than a borrow site gravel pit. Mr. Pu h moved to recommend to the Borough Assemblythat Parcel P-1,Tract Be s Flats Alaska Subdivision be out uo for sale at a public auction. Fl Mrs. Crowe moved to recommend to on. i move asked Mrs. motion made by Mrs. Crowe. Minutes, August 16, 1979 Page 3 Mrs. Crowe moved to recommend to the Borough Assembly that we lease to Brech- an for a period of 10 years. Parcel P-1. Tract A. Bells Flats Alaska Subd- 2. 0-79-037. Purchase of Tracts B and E, Kadiak Subdivision. (KANA Housing Authority) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. Mrs. Crowe questioned the vacation of Woody Circle. Would some of the adjoining land be left without an access? Mr. Milligan answered, yes there would be one piece of land without access. Mr. Simmons stated we are not going to vacate Woody Circle. We are going to build approximately 60 units which would require rezoning to R-3. Mr. Pugh moved to recommend to sell these lots at a public auction as is, Tracts B and E, Kadiak Subdivision. Seconded by Mr. Ball. Motion FAILED, with a 3-2 vote, Mr. Busch and Mr. Erwin voted NO, and Mr. Ball, Mrs. Crowe and Mr. Pugh voted YES. Mrs. Crowe moved to reaffirm to the Borough Assembly that the land be re - subdivided and sold at a public auction. Seconded by Mr. Erwin. Mr. Pugh would like to propose an amendment that states that if the Borough Assembly finds that it is financially impossible and/or the vacant lot subdivded and provide the proper facilities to these tracts within a two month period then Tracts B and E of Kadiak Subdivision be sold immediately at a public auction. Seconded by Mr. Ball. Motion PASSED with a 4-1 vote Mr. Erwin voted NO, and all other commissioner's voted YES. Mrs. Crowe moved to reaffirm to the Borough Assembly that the land be re - subdivided and sold at a public auction. Seconded by Mr. Erwin. Motion PASSED with a 4-1 vote. Mr. Erwin voted NO and all other Commissioner's voted YES. V. OLD BUSINESS 1{jBS225052 1. BL-78-091. Gravel Borrow Site Lease on Bells Flats Alaska Subdivision, Tract B-2. Russell Welborn) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning department. Mr. Busch closed the regular meeting and opened the public hearing. Mr. Welborn discussed the reasons why he was late in submitting the lease renewal. He is willing to resubmit an application for a new lease. Mr. Brechan asked what Ordinance the original lease was issued under? Was it issued under the 1969 Ordinance? Mr. Busch closed the public hearing and reopened the regular meeting. Mr. Erwin moved that the lease be renewed for one year. Seconded by Mr. Pugh Motion FAILED, with a 3-1 vote, Mrs. Crowe obstaining, Mr. Busch voted NO and Mr. Ball, Mr. Erwin and Mr. Pugh voted YES. Mr. Erwin moved that Mr. Welborn be allowed to reapply for his lease on one year terms. Seconded by Mr. Pugh. Motion PASSLU with a_ 4-1 vote. Mrs. Crowe obstaining and all other commissioner's voted YES. Discussion on above motion it was determined that Mr. Erwin did not have to make a motion giving Mr. Welborn permission to reapply for the lease. Mr. Busch moved to reconsider action on Borough Site lease, Bells Flats Alaska Subdivision, Tract B-2. Seconded by Mr. Ball. Motion PASSED by a 4-1 vote. Mrs. Crowe obstanino and all other commissioner's voted YES. Minutes, August 16, 1979 Page 4 VI. PUBLIC HEARINGS A. SUBDIVISIONS 1. 5-79-033. Resubdivision of lot 1, block 4, Killarney Hills Subdivision. Alan Beardsley) STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum prepared by the planning staff. Mr. Hovanec would like the plat returned to Mr. Beardsley as it does not show where all of the porches are to be located in relation to the proposed new lot line. Mr. Busch closed the regular meeting and opened the public hearing. Mr. Beardsley Appologized for not showing one deck which extends 3 feet out from the corner of the house. Mr. Hovanec stated he would like to see a map of the land. He recommends that the plat be returned to Mr. Beardsley and then resubmitted to the Commission with the building accurately located and all appertainences shown. Mr. Busch closed the public hearing and reopened the regular meeting. "— Mrs. Crowe moved to return the application to Mr. Beardsley because of insuffient information at this time. Seconded by Mr. Pugh. Motion PASSED by unanimous roll call vote. B. OTHER 1. BL-78-001. Request for a borrow site lease on Parcel B-1, Tract B, Bells Flats Alaska Subdivision. (Felton Construction Company) STAFF REPORT: Mr. Milligan presented a staff report based on a memorandum prepared by the planning department. Mr. Hovanec commented on the lease. The applicantion was not submitted with a mining plan as it should have been. He would like to see the mining plan before the lease is renewed. Mr. Ball moved to postpone action on Parcel B-1, Tract B, Bells Flats Alas Subdivision until a mining plan has been submitted by Mr. Felton. Seconde by Mrs. Crowe. Motion PASSED by unanimous roll call vote. Set for action no later than January 2, 1979 added to the motion. VII. MINUTES: July 18, 1979, Regular P & Z Meeting Mr. Pugh had one correction, on page 3 he voted NO on both of the Koniag, issues. Mrs. VIII. NEW BUSINESS - None IX. INFORMATION AND REPORTS A. Communication - None minutes after inanlmous roil caii B. Reports 1. Chairman's report - None KIBS225053 2. Committee report - None Minutes, August 16, 1979 Page 5 3. Staff report a. Borough Manager - None b. City Manager - None c. Planning Director Mr. Milligan turned the status report on the City Market building over to Mr. Gordon. Mr. Gordon gave a report on the City Market Issue Mr. Milligan says that the parkign issue is a serious matter. He would like the Commission to give an interpretation of Public Parking and Private Park- ing. Mr. Ball moved on the interpretation of Dublic oarkina and Drivate Darkina. any paring connected with a public business will be public parking until after an interpretation by the Borough Attorney. Seconded by Mr. Pugh. Motion PASSED by unanimous roll call vote. X. COMMISSIONER'S COMMENTS Mr. Ball in regards to the storage of fishing gear in the different areas around town I asked Mr. Milligan to draw up a DRAFT Ordinance to come up for a public hearing. I would like Mr. Pugh to read the Ordinance. Mr. Ball moved to have the draft Ordinance up for public hearing at the next regular meeting which is September 19, 1979. Seconded by Mr. Pugh. Motion PASSED with a 4-1 vote. Mr. Erwin voted NO and all other Commissioner's XI. AUDIENCE COMMENTS - None XII. ADJOURNMENT - Hearing no other comments Mr. Busch adjourned the meeting. ATTEST: . 0-01� -M- �liYt Go P�J&Z Secretary APPROVED BY: hairman KIBS225054