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1983-08-17 Regular Meetingr. r"_ KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Regular Meeting - August 17, 1983 19.1m illi :1 Chairman Tim Hill called the meeting to order at 7:35 p.m. in the Assembly Chambers, Kodiak, Alaska. ROLL CALL Present: Tim Hill, Chairman Steve Rennell Pat Briggs Virginia Crowe Dan James JoAnn Strickert Ken Gregg 1. MINUTES OF PREVIOUS MEETING - Also Present: Will Walton, Director Community Development Office Jolinda Goodwin, Planning Secretary Dave Crowe, Borough Engineer July 20, 1983• Mrs. Crowe corrected the spelling of Ms. Susan DeWitt-Ramaglia on Page 2 of the minutes. Also, condition 3 of Case 83-091 was corrected to read: That they also be constructed before the time of occupancy of the dwelling. Mrs. Strickert made the motion to approve the minutes of August 17, 1983 with the corrections. Mr. Rennell seconded and the motion PASSED with unanimous voice vote. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS. - None 3. PUBLIC HEARING ON CASE 83-097. A request to rezone Lot 4, Tolbert Subdivision, U.S. Survey 1681 from R1-Single Family Residential to R2-Two Family Residential, submitted by Steve and Sharon R. Horn. Twelve (12) Public Hearing Notices were mailed on August 8, 1983 and two (2) were returned in opposition to the request. It was established that the Gallagher's opposition involved grand- father rights and was a civil matter between the two property owners. The placement of the existing foundation also meets the setbacks, and a building permit was obtained. Mrs. Crowe pointed out that when the building permit was issued only off-street parking for a single-family dwelling was needed. She suggested that the Horn's re -submit and show additional off-street parking as needed. Mr. Walton suggested that Mrs. Crowe add the off-street parking as a condition of approval. Mr. Hill closed the Regular Meeting and opened the Public Hearing. There were no comments from the public and Mr. Hill closed the Public Hearing and opened the Regular Meeting. MRS. CROWE MOVED TO APPROVE THE REQUEST to rezone Lot 4, Tolbert Sub- division, U.S.S. 1681 from R1-Single Family Residential to R2-Two Family Residential, submitted by Steve and Sharon Horn with the following condition: 1. That four (4) off-street parking spaces be included in the site plan, and that they be in place and approved before occupancy. Mr. Gregg seconded the motion and the question was called. The motion CARRIED with unanimous roll call vote. KIBS225419 PLANNING AND ZONING COMMISSION Regular Meeting - August 17, 1983 Page 2 4. PUBLIC HEARING ON CASE 83-108. A request to rezone Island Lake Area. Mr. Hill made it known that this was a public hearing intended for gathering information from the public. Mr. Walton discussed the handout material, the maps displayed on the wall, the District Zoning Comparison Chart, and the properties proposed for RI and R2 zoning. There was some discussion on the Comprehensive Plan and square footage of lots. Fifty-three (53) Public Hearing Notices were mailed on August 9, 1983 and no comments were returned. Mr. Hill closed the Regular Meeting and opened the Public Hearing. MRS. LORNA ARNDT spoke before the Commission. It was established for Mrs. Arndt and the public that the rezoning was from Rural Residential to anything higher, such as Rl-Single Family or R2-Two Family Residential. Mrs. Arndt spoke of the high cost of living and of property and suggested that the Commission rezone to R2-Two Family Residential so that people could build duplexes on their lots. MRS. SZABO spoke for the people on the little road. She felt the area should be handled as discrete units and not consider the entire area to be eventually serviced by the Sewer District as the same. She spoke of the topographical differences between the lots. She agreed with Mrs. Arndt as to rezoning R2 where the roads are good, but felt that R1 would be better for the less -developed areas. I^ MS. NILA TRESTON spoke before the Commission from Shahafka Acres. She felt the area should be rezoned R2-Two Family Residential. However, she felt it best to divide the area up to fit the needs of the people. MR. SCOTT ARNDT spoke before the Commission as a resident and a land owner on Parcel P, Lot 1, which is proposed as R2 zoning. He would like to have his property zoned R2. He felt R1 zoning to be obsolete. As housing and land are very expensive, in order to make it available to the majority of the people, R2 zoning is necessary. This leaves the option to build additional dwellings to supplement income. He felt the entire Shahafka Acres as well as part of Holland Acres Subdivision lent itself to R2 zoning. As for the lots along Dark Lake, he felt it best they remain either R1 or something else along that range because of the access problem. He felt eventually we will see sewer and water along Lilly Drive, Balika, Neva, and Melnitsa, opening up that area. This area would be best for R2. Specifically speaking, he would like to see the Shahafka Acres and the surrounding area as R2, possibly looking at the Island Lake Subdivision as R1, but feeling that R2 best lends itself there. Mr. Hill suggested that people might want to continue living in an R1- Single Family Residential zone if that is what they had bought into and not have their neighbors building duplexes next to them. Mr. Hill closed the Public Hearing and opened the Regular Meeting. r THE CONSENSUS OF THE COMMISSION ON CASE 83-108 was to hold one more work session on the rezoning and place it on the September agenda, having an additional public hearing for the people to decide the issue. Verbatim public hearing testimony was requested for the work session (from this meeting). MRS. CROWE MOVED TO TABLE CONSIDERATION of the Comprehensive Plan Change and rezoning of Island Lae Area and place it on the agenda for the September Meeting with an additional Public Hearing with the intent of taking action at that time. Mrs. Strickert seconded the motion and the motion CARRIED with unanimous voice vote. KIBS225420 PLANNING AND ZONING COMMISSION Regular Meeting - August 17, 1983 Page 3 5. PUBLIC HEARING ON CASE 83-109. A request for an exception from Borough Code 17.19.007, Permitted Uses, to include a public radio station as a permitted use on Lots 5 & 6, U.S. Survey 2873, in a R2-Two Family Residential District, submitted by KMXT Radio Station. Fifteen (15) Public Hearing Notices were mailed on August 8, 1983. We received comments from Bob and Carol Smothers and from James Bruskotter. We also received a letter of opposition from Dan Farrar. It was established that the property had an old subdivision line going right down the middle of the Baltzo house, and that it is in two zoning districts. The seven (7) comments received from the work session were also in opposition, making a total of ten (10) returned comments. Mr. Hill closed the Regular Meeting and opened the Public Hearing. MR. WILLIAM J. GLYNN, JR. spoke before the Commission as a supporter of non-commercial radio, broadcasting, or public broadcasting for many years. He was one of the founders of KMXT, was on the Board of Directors, and was president of the Board for a number of years. He spoke in opposition to radio stations in residential areas for the following reasons: 1. It was stated at the work session that KMXT should be allowed in a residential area because it serves in the public's interest and that a commercial -type radio station doesn't. The FCC calls KMXT a non-commercial radio station; however, commercial stations are required to serve in the public interest as well as public and non-commercial radio stations. KMXT also engages in commercial activities and profit -making ventures. 2. There were estimated ten (10) full-time employees and forty (40) to fifty (50) volunteers, too many people to put in one building. 3. There would be increased traffic flow to and from the building. MS. MARY JANE LONGRICH spoke before the Commission in opposition to the request for exception. After the problems of a windmill and trailers in her view, Ms. Longrich stated that she was not about to let anything else happen to this particular point, which is her view property. She also spoke of the detrimental traffic flow from the Beachcombers at all hours and that any increase in traffic would definitely make it worse for any pedestrian and that parking problems would worsen. MS. CAROL SMOTHERS spoke before the Commission in opposition to granting the exception. She had received a letter from KMXT and understood the hours of operation to be 18 hours per day, seven days per week. There would be an increase in traffic. Eventually, she felt they would lose their residential area. MR. NORM MCINTOSH spoke before the Commission as a member of the Board of KMXT Public Radio. He asked the Commission how KMXT had been placed on the agenda for this meeting when they had only been interested in a definition. His question to the Commission was "Is KMXT Public Radio a business or is it not?" Mr. Hill answered the question and stated it was the consensus of the Planning & Zoning Commission that a radio station does not fit necessarily in a business or anyplace else. Every place a radio station goes, they would require an exception. r' Mrs. Crowe added that the consensus was public radio was not an jallowed use in a residential R2 zone. In order to accommodate KMXT, the Commission requested that they be put on the next agenda because of the deadlines involved. Mr. McIntosh thanked the Commission for the clarification. MR. DAVE THOMPSON spoke before the Commission in favor of granting the exception. It was his feeling that this property (the Baltzo property) would be less objectionable than many residential areas in the community. His reasons stem from the fact that the immediate area is not purely residential. KMXT does not feel that they would be defiling a purely residential area by occupying this place. KIBS225421 PLANNING AND ZONING COMMISSION Regular Meeting - August 17, 1983 Page 4 Secondly, Mr. Thompson feels that KMXT is not a business and should not be classified as such. Also, Mr. Thompson stated that the amount of people who would be in the building in the evening would be minimal. He felt that parking would not be a problem. One of the reasons the property would be r-- appropriate for KMXT is that there is ample space within the grounds of the residence to park all the vehicles needed for any one occasion. There would not be reason to construct an additional tower because of the existing tower. There may be at some point an earth station located on the property. Mr. Thompson also spoke of the reasons for the move and the necessity in them. Additionally, it would take some months for KMXT to put their move together. Mrs. Crowe asked Mr. Thompson about emergency broadcasting, renting and owning property and the location of signs. Mr. Thompson stated he felt KMXT had no particular need to advertise in that fashion. Mr. Hill closed the Public Hearing and opened the Regular Meeting. MRS. STRICKERT MOVED TO APPROVE THE REQUEST for an exception from Borough Code Section 17.19.020, Permitted Uses, to include a public radio station as a permitted use on Lots 5 & 6, U.S. Survey 2873, in an R2/R1- Family Residential District, submitted by KMXT Radio Station. The question was called and the motion FAILED by unanimous voice vote. The Commissioners gave their reasons for voting "no" on the request as being overwhelming public opposition, protecting property owners, and placing radio stations as a permitted use in a business zone. Mr. Hill informed KMXT Radio Station of their right to appeal to the City Council within ten (10) days. 6. PUBLIC HEARING ON CASE S-83-036. (Preliminary) Subdivision of Tracts "B" and "D", U.S. Survey 1682, into Woodland Acres Subdivision, Third Addition: Lots 1-21 and Church Tract, Block 4; Lots 1-8, Block 5; Lots 1-10, Block 6; Lots 1-5, Block 7; Lots 1-18, Block 8; Lots 1-6, Block 9; and Lots 1-12, Block 10, submitted by John Rauwolf, Assembly of God Church, Tim Hill, and Tim Hurley. Mr. Hill: "Since I have a conflict of interest, I would like to step down from the chair and turn the meeting over to the vice-chairman, Mrs. Strickert and also request a five-minute recess. A five-minute recess was called at 8:45 p.m. and Mrs. Strickert took the chair for Mr. Hill. The meeting was resumed at 8:55 p.m. At the time Mr. Crowe wrote his report on Case S-83-036, it was his understanding that the land Mr. Grothe previously owned, part of which is involved in this subdivision case, sold in five tracts. These five tracts were understood to be: A, B, C, D, E. Since that time, Mr. Crowe found out the tracts are: B, C, D, E, F. Mr. Crowe offered his corrections to the staff report. Fifty-eight (58) Public Hearing Notice were sent out and no comments r" returned. One comment was received from Mr. Jim Eggemyer stating no objection to the subdivision, but suggesting the church be located elsewhere and not across from a business -zoned property. Also, Mr. Mike Rausmussen, Kodiak Transfer, recommended approval of this subdivision. It was established that a preliminary subdivision existed in the same area (Mr. Len Grothe's preliminary approved April 20, 1983). Mr. Crowe stated: "If you approve this request for only a portion of the area that Mr. Grothe had previously involved in his subdivision request, then the Commission should have a letter from him requesting that his preliminary subdivision be rescinded. If you (the Commission) require that the entire area be submitted for a preliminary subdivision, which is what I recom- mended, then the new preliminary would supersede the old one. KIBS225422 PLANNING AND ZONING COMMISSION Regular Meeting - August 17, 1983 Page 5 Mrs. Strickert closed the Regular Meeting and opened the Public Hearing. MR. JIM RITCHIE, Pastor of Faith Baptist Church, spoke before the r Commission. He had no opposition to the request and only wished to address a question to the Commission on the proposed church site coming in back-to- back with his property. Faith Baptist is located on Block 1, Lot 1, running along the property in question. Mr. Ritchie is wondering if the property in question is part of his property. Mr. Crowe commented on the question and stated that Mr. Roy Ecklund, the land surveyor, would have to answer it. At one time the State may have relinquished a portion of Rezanoff's right-of-way to the original land owner, or they may not have completed the entire acquisition of Rezanoff Drive and ended up only acquiring 180'. MR. LEN GROTHE spoke before the Commission and stated that the property in question was relinquished back to one party and in turn sold to another until it finally was sold to him. It is a 25' strip of valid land that is included in his deed. Mr. Grothe has sold this strip to the Kodiak Assembly of God Church. Upon approving this request, Mr. Grothe will sub- mit a letter rescinding his preliminary subdivision. MR. TIM HILL spoke before the Commission and asked Mrs. Crowe if a conflict of interest existed because her husband, the Borough Engineer had written the staff report which recommended denial. There was no objection. Mr. Hill expressed concern about the length of time the Commissioners had to review all the material. He spoke in favor of granting this request. I- Mr. Hill made several comments, as follows: The developers have used good subdivision technique in preparing this preliminary plat. We have gone with an engineer and a surveyor. Most of the lots involved are close to 10,000 square feet and quite a few of them are over 10,000 square feet. To fit the road layout which was designed for 25,000 square foot lots, the "pioneer road system" was used. "Double -frontage" and "flag -shaped lots" were discussed at length. Mr. Hill voiced disagreement with the 20' utility easement. Mr. Hill asked that Item 10 of the staff report be deleted. Mr. Crowe stated that these ten (10) conditions that Mr. Hill was discussing were the exact same conditions placed on Mr. Grothe's previous preliminary subdivision. MR. MICHAEL ANDERSON spoke before the Commission as the owner of Tract C and gave his comments on the staff report. He stated he had no problem dedicating a portion of land for a future right-of-way. He told the Commission he is not ready to subdivide at this time. Mr. Anderson also spoke at length about the 20' utility easement. He did not want the entire 20' to come from his property, but have the adjacent property owners give up 10' also. He commented on how he would be able to subdivide along that lot line within the 20' easement. r- MR. LLOYD BENTON spoke before the Commission as the owner of Tract F in favor of this request. He stated that double -frontage lots, cul-de- sacs, and flag lots are all indications that pioneer roads are going to be used. Has no objection to flag lots, and he agrees to share the expense of doing topography of the whole area so that sewer line development could be done and sides could be determined. Mr. Benton does not see any adverse affect on these lots as the zoning and character have already been established. At this point Service District #1 was discussed, revealing past history of the district. The Commission side-tracked into the 20' utility easement, flag -shaped lots, and Service District #1. KIBS225423 PLANNING AND ZONING COMMISSION Regular Meeting - August 17, 1983 Page 6 MRS. STRICKERT CALLED FOR A POINT OF ORDER. The meeting was resumed. MR. DAVE CROWE responded to the comments made earlier by Mr. Hill. A full-scale drawing was submitted by the applicants and Mr. Ecklund had noted on the drawing that the average lot area is 9,000 square feet. Insufficient data was provided for analysis of each individual lot, so Mr. Crowe based his comments on the information provided by Mr. Ecklund. Borough Code states that reports are to be delivered to the Commission two days in advance of the meeting. MS. DIANE HAIGH, living in Woodland Acres, spoke before the Commission concerning water and sewer being put into the lots. She also voiced concern for parks being provided and asked if the Borough had made any attempt to procure land for them. She was informed by Mr. Briggs there are no parks in that area as yet. She felt a definite need for parks in that area. Mrs. Strickert then closed the Public Hearing and opened the Regular Meeting. There were no further questions or comments. MR. GREGG MOVED TO APPROVE CASE S-83-036, preliminary subdivision of Tracts E, C, and D, U.S. Survey 1682 into Woodland Acres Subdivision, Third Addition: Lots 1-21 and Church Tract, Block 4; Lots 1-8, Block 5; Lots 1-10, Block 6; Lots 1-5, Block 7; Lots 1-18, Block 8; Lots 1-6, Block 9; and Lots 1-12, Block 10, submitted by John Rauwolf, Assembly of God Church, Tim Hill, and Tim Hurley subject to the ten conditions from the Borough Engineer's memo of August 15, 1983, including Tract C in condition #1, and additional conditions as follows: 11. That preliminary approval does not become effective until the existing approved preliminary subdivision in Case S-83-013 is withdrawn in writing by Mr. Lenhart J. Grothe; 12. That a covenant be placed on the plat stating that no access will be allowed from Puffin Drive to Lots 14 through 21 of Block 4, or to Lots 1 through 4 of Block 5; 13. That a covenant be placed on the plat stating that Lots 3, 4, 8, and 9 of Block 6 will not be allowed to subdivide further, and that common driveways be constructed on the flag stems; 14. That a covenant be placed on the plat stating that Lots 1 through 4 of Block 8 shall all have access either from Teal Way or Sharatin Road, but not from both streets for different lots; 15. That a covenant be placed on the plat stating that no further subdivision of Lot 5 of Block 7 will be allowed; 16. That a covenant be placed on the plat setting the following front yard setbacks: Lot 3, Block 6: 25 feet from the rear of Lot 23, Block 6; Lot 4, Block 6: 25 feet from the rear of Lot 4, Block 6; Lot 8, Block 6: 25 feet from the rear of Lot 7, Block 6: Lot 9, Block 6: 25 feet from the rear of Lot 10, Block 6; r Lot 5, Block 7: 25 feet from the rear of Lot 4, Block 7. Mr. Rennell seconded the motion and the question was called. The motion CARRIED by ununanimous voice vote with Mr. Briggs, Mr. Gregg, Mr. James, and Mr. Rennell voting "yes," and Mrs. Crowe and Mrs. Strickert voting "no." At this point, Mrs. Strickert relinquished the chair to Mr. Hill and the meeting proceeded. KIBS225424 PLANNING AND ZONING COMMISSION Regular Meeting - August 17, 1983 Page 7 7. PUBLIC HEARING ON CASE S-83-037. (Preliminary) Subdivision of Lot 2, Block 1, U.S.S Survey 3055AB, Southeast Addition No. 2, into Lots 2A, 2B, and 2C, submitted by Walter Sargent. Nineteen (19) Public Hearing Notices were mailed out and none were r returned. Mr. Hill closed the Regular Meeting and opened the Public Hearing. There were no comments from the public and Mr. Hill closed the Public Hearing and opened the Regular Meeting. MRS. STRICKERT MADE THE MOTION TO APPROVE preliminary subdivision of Lot 2, Block 1, U.S. Survey 3066AB, Southeast Addition No. 2, per Mr. Crowe's memo dated August 11, 1983, with the change being it be divided into two lots instead of three, and with all the recommendations per that memorandum. Mrs. Crowe asked if it would be counter -productive to suggest a mechanism put on those for no further subdivision. Mr. Briggs stated that if you only have two lots, you have no further need to subdivide. Mr. Crowe: May I clarify your motion, JoAnn? You say "per my memo", but I recommended final approval. Mrs. Strickert: I'm sorry. Then "final approval" to be added to the motion. Mr. Rennell seconded the motion and the question was called. The motion CARRIED with unanimous roll call vote. 8. NEW BUSINESS - None r 9. COMMUNICATIONS - None 10. ADDITIONAL AUDIENCE COMMENTS MR. LEN GROTHE spoke before the Commission and discussed at length flag -shaped lots. The Commission and Mr. Grothe argued at length on flag - shaped lots. Mr. Grothe suggested that the 60' lot width needs more defining. Double -frontage lots were also discussed. Mrs. Crowe asked Mr. Hill to call for a POINT OF ORDER, and a point of order was called for. The suggestion was made to invite Mr. Grothe to a work session and discuss flag -shaped, double -frontage lots, and his opinions in a less - formal setting. MR. JOHN RAUWOLF spoke before the Commission with a question. He was under the impression from Mr. Roy Ecklund that in Track B, the proposed church, be done on a short plat. A request was made to put an item on the agenda for next month. F.- 11. CHAIRMAN"S REPORT - None 12. COMMITTEE REPORTS Mr. Hill commented that he has lots of photos of mobile home parks in Anchorage to view at an upcoming work session. Mrs. Crowe would like to have an ordinance prepared to place radio stations as a permitted use in a business zone. KIBS225425 PLANNING AND ZONING COMMISSION Regular Meeting - August 17, 1983 Page 8 Mr. James commented on cutting the Planning and Zoning work session short for August 24, 1983. Another suggestion was not to have a work session at all, or to send only one Representative to the Airport Meeting. A request to prepare an amendment to clarify setbacks on flag lots was r made by an unknown Commissioner. A suggestion was made to include flag lots and double -sided lots in the work session of August 31. Mr. Hill made the recommendation that the Commissioners should have staff reports and related information at least one week prior to a regular meeting. 13. COMMISSIONER"S COMMENTS - None 14. DEPARTMENTAL REPORTS - None 15. ADJOURNMENT Mr. Hill adjourned the meeting at 10:50 p.m., August 17, 1983: ATTEST: Wplanning S&7etary DATE APPROVED: r— KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY Y1 Chairman, PT&6hing and Zoning Commission KIBS225426