1982-09-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES
September 15, 1982
Page 1
(Verbatim tape recording available upon request from the Community Development
Department)
CALL TO ORDER AND ROLL CALL The meeting was called to order at 7:35 p.m.
COMMISSIONER'S PRESENT COMMISSIONER'S ABSENT
Ron Ball Virginia Crowe (excused)
Pat Briggs Jim Ramaglia (excused)
Jerry Gudenau
Tim Hill ALSO PRESENT
JoAnn Strickert Will Walton, Director of
r- Community Development
Joanne Jones, Planning Secretary
Linda Freed, CZM Coordinator
Quorum was established.
1. MINUTES August 18, 1982 - Mr. Gudenau moved to make his unexcused
absence, excused as he was out of town on business. Seconded by Mr.
Hill. Motion PASSED with a 3-1-1 vote, with Mrs. Stric ert votin NO�,
Mr. -Gudenau abstained and Mr. Ba , Mr. Briggs and Mr. HiT votl ed YES.
Mr. Gudenau moved to a rove the minutes as corrected. Seconded by Mrs.
Stric ert. Motion P SSED y unanimous voice vote.
2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS. None.
3. PUBLIC HEARING ON CASE 82-091. A request for a variance from Section
17.18.040 A 2 to permit the construction of an addition which will
leave an 11' front yard on Lot 15, Block 5, Erskine Subdivision. (Tim
and Pam Abena)
Mr.Ball closed the regular meeting and opened the public hearing.
Tim Abena in favor of variance. Will answer any questions you have.
Mr. Ball closed the public hearing and reopened the regular meeting.
Mr. Gudenau moved to grant a request for a variance from Section
17.18.040 A 2 to permit the construction of an addition which will
leave an 11 front yard on Lot 15, Block 5, Erskine Subdivision.
Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote.
4. PUBLIC HEARING ON CASE 82-096. A request to rezone the lands in Port
Lions to comply with the adopted 1982 Comprehensive Development Plan.
(Port Lions City Council)
Mr. Walton presented the staff report based on a memorandum prepared by
the Community Development Department.
Mr. Ball closed the regular meeting and opened the public hearing.
Pat Lukin Mayor of Port Lions. We need to better define the watershed
area.
Mr. Gudenau wouldn't watershed be in the Conservation District?
Mr. Walton yes, but watershed is more specific.
Discussion between the Commission members on what action should be taken
on defining the Watershed area.
Mr. Ball closed the public hearing and reopened the regular meeting.
Mrs. Strickert moved to approve the rezoning of Port Lions to compl
with the 1982 Comprehensive Development Plan with the condition that the
Watershed area be s ecifia defined and that the zonin ma e
reviewe y ort Lions. Seconded by Mr. udenau. Motion P SSED by
unanimous roll call vote.
5. CONSIDERATION OF CASE 0-80-008. A request to purchase Lot 11, USS 3098.
(Island it Service/Ro ert Stanford)
Mr. Ball closed the regular meeting and opened the public hearing.
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Bob Stanford land owner and owner of Island Air Service. Would like to
purchase Lot 11, as hangar is straddling the lot line.
Mr. Ball who owns Lot 11?
Mr. Walton the Borough.
Mr. Ball what is the lot appraised at?
r- Mr. Walton it varies depending on who did the appraisal.
Mr. Ball Will, would you please explain the policy on land in excess of
5,000?
Mr. Walton it would go to public offering.
Mr. Ball do you know when this survey was done?
Mr. Walton 1979.
Mr. Hill all the degrees are the same, but the hangar is in a different
location on each plat map.
Bob Stanford we need to do something with this request as it hinders our
operation and sale of the other lot.
Alex Leslie it should go to public auction.
John Morton Mr. Stanford should be able to purchase the lot. It should
not go for public sale. The lot should be used for aviation purposes.
Bob Stanford if this went to public auction, bidders should show an
airport rested development plan.
Mr. Ball we will take that into consideration.
Mr. Ball closed the public hearing and reopened the regular meeting.
Mr. Ball if this goes to public auction, what happens to the
improvements?
Mr. Walton explained that Mr. Stanford would most likely be reimbursed
for his improvements.
Mr. Ball does Mr. Stanford have a valid lease?
Mr. Walton not at the present time.
PhilSheol no, and the Borough Assembly has instructed staff to have
the hangar removed from Lot 11.
Mr. Ball the memo states that the Assembly "requests the hangar be
removed."
Phil Shealy this is a case of semantics.
Mrs
Strickert why does the Assembly want the hangar removed?
Phil Shealy other uses are intended for this lot by the Assembly.
Mrs. Strickert what type of uses?
Phil Shealy you will get that information at your next months meeting.
Mr. Hill moved to grant a reouest to purchase Lot 11. USS 3098
Mr. Hill would not like to see the building removed until after the
sale/auction in case Mr. Stanford is successful bidder.
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Discussion between Bob Stanford and the Commission members as to what
was going on.
Mike Anderson the development plan for this area should go before the
Planning and Zoning Commission.
Mr. Hill moved that Lot 11, USS 3098 be declared surplus to Borough
needs and put u for public auction. Motion PASSED b unanimous roll
cal vote.
6. PUBLIC HEARING ON CASE S-82-022.(PRELIMINARY)Vacation and replat of Lots
3 through 7, Lots 9, 11 and portions of Lots 8 and 10, USS 3098.
(Kodiak Island Borough)
Mr. Walton presented the staff report as prepared by the Kodiak Island
Borough Engineering Department.
Mr. Ball how many notices sent out?
Mr. Walton 37.
Mr. Ball read letter from John Morton.
Mr. Ball closed the regular meeting and opened the public hearing.
Mr. Ball read recommendation from Dave Crowe, Borough Engineer.
John Morton limit the land for only aviation uses. In 1954 some
veterans gave up these lots to the feds. If the runway is closed I want
my land back. We need a gas station and ground parking for winter use.
Walter McFarland I also gave up land (Lot 3) and would like it back if
the runway is closed.
r Mr. Hill do you know how many lots were given up?
Walter McFarland at least 4.
Discussion between the Commission members, John Morton, and Walter
McFarland on how the lots were given up.
Asa Beehler (owner of Lot 17B, USS 3098) Feel it is wrong to develop
this this time. Where is the access to the back lots?
Discussion between the Commission members and Asa Beehler on access to
the back lots.
Asa Beehler would like to see a development plan for this area.
Mr. Briggs we are trying to get this land into private hands.
Mrs. Strickert this is only a preliminary plat. Can we restrict the
and u� airport or aviation"?
Mr. Walton yes.
Mr. Ball what facilities do you have for servicing your planes?
Asa Beehler everyone has their own facility. I am not against
evveelopment in this area. I just think it needs to be looked into more.
Mr. Ball Will, can you please explain preliminary and final subdivision
procedures?
Mr. Walton explained preliminary and final subdivision procedures.
Marilyn Buker owner of Flyrite - lots should be used for aviation
purposes.
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Discussion between the Commission members on the use of Lot 9A which is
between Residential and Business zoned lots.
Bob Stanford we need to bring this situation to a head. We need to help
out goat plane owners.
Mr. Ball closed the regular meeting and reopened the regular meeting.
Mr. Ball can Lots 3-7 be put up for lease, for aviation uses?
Mr. Hill why not return the land to the people who donated it?
Mr. Ball who owns the land?
Mr. Walton the Borough.
Discussion between the Commission members on whether or not the Borough
should give away or sell land that was donated.
Mr. Hill we should see all of the plans for this area at once.
Phil Shealy the lots are already there.
Mr. Gudenau what is the development of this land going to be?
Phil Shealy we do not know yet.
Mr. Ball we need to clear up the "B" section of this vacation and
replat.
John Morton I don't mind the land being sold as long as it is for
aviation purposes.
Asa Beehler what happens if this is voted down?
Mr. Walton anyone can appeal the Planning Commission's decision.
More discussion between the Commission members on who owns the municipal
runway and how many other hearings there would be.
Mr. Hill moved to orant Dreliminary aDDroval of the vacation and replat
and 118, UJS JU96 with the tollowing conditions: 1). that the existln
sewer line on Lot 3 and in Mill Bay Road adjacent to Lots 3 and 4 be
shown on the finalat; 2 . t at a 60 foot wide dedicated ri ht-of-w
be established alon the westerly boundar of Lot 3; 3 that a 20 fo
wide uti ity easement a established al-
ong t e Wort er yboundary of
Lots 3A through 7A, 9A, and 11A, as indicated on the attached copy of
tTie oreTiminary o at: 4 that a covenant e n aced on t e final flat
allowed as Iong as the MUn1S, dl Alr ort is In existence; 5) that a
covenant be aced on t e fina at which states that the ri ht-of-way
established along Lot 3 will not be deve o ed as on as the Municipal
Airport is in existence; 6 that the Acce tance of Dedication shown on
the preliminarat be removed, since the land is all outside the City
of Kodiak; and 7 that a 20 foot electrical ower easement across Lot 4,
as shown on the attached subdivision plan, for the existing underground
Dower insta ation. Secon e by Mrs. Stric ert. Motion P SSED wit a
4-1 vote with Mr, bail, mr. urlggs, mr. hill and Mrs. JLr1CKert Voting
YES and Mr. Gudenau voting NO.
7. CONSIDERATION OF CASE 82-069. A request to rezone a portion of Lot 12,
from Rural Resi-Te—ntial to Business. (Island Air Service/Robert
Stanford)
Mr. Ball read staff report prepared by the Community Development
Department.
Mr. Hill what portion of Lot 12?
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Mr. Ball we did not do any rezoning on item #5. People want land for
aviation use.
Mr. Ball wouldn't it be better to rezone all of this area at once?
Mr. Hill moved to table a re uest to rezone a portion of Lot 12, USS
3098 from Rural Residentia to Business for one month October 20,
1982). Seconded by Mr. Briaas. Motion PASSED by unanimous rol call
8. PUBLIC HEARING ON CASE S-82-024. (PRELIMINARY) Subdivision of Lot 14,
Russian Creek Alaska Subdivision, to Lots 14A, 14B, 14C and 14D.
(Michael Anderson)
Mr. Ball can this be a final?
Mr. Walton yes.
Mr. Ball read letter from Harry Brighton, State Sanitarian recommending
approval of this subdivision.
Mr. Ball closed the regular meeting and opened the public hearing.
Mike Anderson all the requirements the Borough Engineer recommended have
been met.
Mr. Ball closed the public hearing and reopened the regular meeting.
Mr. Gudenau moved to rant final approval to the subdivision of Lot 14,
Russian Creek A as a Su division. to Lots 14 . 14B. 14C and 1 D. Russian
L.reeK AIaSKa JUDaiyision. Jeconaea Dy mrs. JLr1CKert. motion FAY) U Dy
unanimous roTT call —vote.
9. PUBLIC HEARING ON CASE S-82-025. (PRELIMINARY) Subdivision of the West
half of Lot 1, USS 5701 into Lots 1 through 13. (Omar Stratman)
Mr. Ball read letter from Rolland Jones on the soil test.
Mr. Walton the letter in your packet was provided by Mr. Stratman. The
letter from DEC is in route approving the disposal system.
Mr. Ball closed the regular meeting and opened the public hearing.
Omar Stratman was in hopes that the letter from DEC would have arrived.
Would see condition #1 and #4 of the Borough Engineer's
recommendation removed.
Discussion between Commission members and Omar Stratman on road
easements.
Mr. Gudenau why do you have problems with dedicating the land?
Omar Stratman the State has larger easements and if I leave it as an
easement the land would belong to the purchaser and if it is dedicated
it would belong to the Borough or to the State. There is also some talk
about re-routing the Chiniak Road.
Mr. Ball closed the public hearing and reopened the regular meeting.
Discussion between the Commission members on deleting items #1 and #4 of
the Borough Engineer's recommendations.
Mr. Gudenau moved to grant preliminary subdivision approval to the
witn the roiiowin conaitions: i) tnat written a royal of the
su ivisi6n e o taine y the ap icant from DEC; 2 t at an easement
be provided across Lot 13 which connects to the easement across Lot 2 of
USS 5667, Plat 74-12, as shown on the attached copy of the reminar
su ivision at; t at uti ity easements a rove a on li
a of
lines, per the request of Kodiak Electric Association, Inc.; TT that the
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applicant's address, P.O. Box 2376, be added to the "Pre ared for":
portion of the plat above the title block; and 5 that the title block
be revised to ive a name to the subdivision, rather than just the sho
e a escri tion whic is rather unwieldy): Broo ers La oon
Subdivision", for example, Woulde acceptable since Lots 1 and 13
front on BrookerLagoon. Seconded by Mr. Hi Motion PASSED y
unanimous roTT c:IT vote.
10. PUBLIC HEARING ON CASE S-82-026.(PRELIMINARY) Subdivision of the
r— unsubdivided portion of USS 3218 into Tracts U,V, and W, USS 3218.
(Kodiak Transfer, Inc.)
Mr. Ball closed the regular meeting and opened the public hearing.
Cathy Bishop owner Lot H-1. Concerned with the fill encroaching on her
property and the drainage because the fill is so high.
Mr. Ball closed the public hearing and reopened the regular meeting.
Mr. Hill moved to grant final approval to the subdivision of the
unsubdivided portion of USS 3218 into to
U, V, and W, USS 3218 with
owing condition i) suoiect to approval or Huts. z)e
ickert. Motion PASSED by unanimous roll cal v toT e.
11. PUBLIC HEARING ON CASE 82-044. Public hearing on an Ordinance amending
Title 17 of Borough Code --Zoning, by amending Chapter 17.21, Business
Zones of Borough Code. (Community Development Department)
Mr. Ball closed the regular meeting and opened the public hearing.
Hearing no comments the public hearing was closed and the regular
meeting reopened.
Discussion between the Commission members on where apartment buildings
should go, under business or under conditional uses.
r--
Mrs. Strickert moved to recommend to the Borough Assembl an Ordinance
amending Tit e l o Boroug o e--wing , y amending C apter ,
Business Zones of Borough Code as prepared. Seconded by Mr. Gudenau.
Motion PASSED with a 4-1 vote with Mr. Gudenau, Mr. Hill, Mrs. Strickert
and Mr. Ball voting YES and Mr. Briqqs voted NO.
Mr. Briggs the reason I voted NO is because I do not feel it is right to
put high density apartments in a business district.
12. PUBLIC HEARING ON CASE 82-098. Public hearing on an Ordinance
establishing Chapter 17.20 of Borough Code on Neighborhood business
Districts. (Community Development Department)
Mr. Ball closed the regular meeting and opened the public hearing.
Hearing no comments the public hearing was closed and the regular
meeting reopened.
Mr. Gudenau moved to recommend to the Borough Assemblv an Ordinance
establishin Cha ter 17.20 of Borou h Code on Nei hborhood Business
Districts wit e fol owing con itions: 1 Permitted Uses - add: G.
Residence of ro rietor when included in the neighborhood business
structure; and 2 Se aration - change wordin to read: Neighborhood
Business districts shall not e locatedwit 1n a one mile radius ot a
other Central Business or Neighborhood Business District. Seconded b
Mrs. Strickert. Motion PASSED by unanimous roll caTT vote.
13. PUBLIC HEARING ON CASE 82-034. Public hearing on the Kodiak Island
Borough Coastal Zone Management Plan Public Hearing Draft. (Community
Development Department)
Ms. Freed explained the CZM addendum. Review meeting in Anchorage in
the e�two weeks. There is a 30 day review period on this addendum.
Mr. Ball no action needed. Commission acknowledged receipt of the CZM
addendum.
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14. NEW BUSINESS - None.
15. COMMUNICATIONS
1. Rasmussen Trailer Park Site Plan Amendment to allow artic entrances
and stairways to mobile homes in the Park.
Discussion between the Commission members on why this was not brought up
in the original plans.
Mrs. Strickert moved to a rove a request to allow artic entrances and
stairways to the mobile omes in t e trai epar . Seconded y Mr.
Hill. Motion FAILED by unanimous roll calrl vote.
16. ADDITIONAL AUDIENCE COMMENTS - None.
17. CHAIRMAN'S REPORT - None.
18. COMMITTEE REPORT - None.
19. COMMISSIONER'S COMMENTS - None.
20. DEPARTMENTAL REPORTS
Mr. Walton the regular Planning Commission meeting will be in this room
on October 20, 1982.
21. ADJOURNMENT - The meeting was adjourned at 10:15 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
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