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1983-04-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 20, 1983, Regular Meeting Page 1 (Verbatim tape recording available upon request from the Community Development Dept.) CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:40 p.m. COMMISSIONER'S PRESENT Virginia Crowe Pat Briggs Steve Rennell Ken Gregg Tim Hill Dan James JoAnn Strickert Quroum was established. 1. MINUTES - March 16, 1983. Mrs. Crowe moved to accept the Ma ce ALSO PRESENT Will Walton, Director of Community Deve- lopment Department Joanne Jones, Planning Secretary Dave Crowe, Borough Engineer s as prepared Mrs. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS - None. 3. PUBLIC HEARING ON CASE 83-029. A request to rezone Lot 2, Block 1, USS 3066AB from Business to R-2. (Walter Sargent) Discussion between the Commission members and Mr. Walton on the staff report addendum. Mr. Walton 14 public hearing notices were mailed, none returned. Mr. Hill closed the regular meeting and opened the public hearing the public hearing was closed and the regular meeting reopened. Mr. Gregg what is the zoning on Lot 3? Mr. Walton business. rickert t to rez Hearing no comments USS Business to R-2. Seconded by Mrs Crowe. Motion PASSED by unanimous roll call vote. Mr. Hill this is not considered spot zoning as it adjoins R-2 zoned land. 4. PUBLIC HEARING ON CASE 83-030. A request for an exception to permit the expansion of the existing vehicle repair shop and to build two (2) apartments on Lot 23B, USS 3099. (Precision Specialist/Ernest Edwards) Mr. James what about the quonset hut? Mr. Walton the quonset will be removed after the new apartment is built. Mr. Hill closed the regular meeting and opened the public hearing the public hearing was closed and the regular meeting reopened. Mrs. Crowe 23 notices mailed, 1 returned against, is that all? Mr. Walton yes. Mr. Briggs the business is grandfathered? r _ Mr. Walton yes. Mrs. Crowe are other properties involved? Hearing no comments Mr. Walton yes, the lot across the street where the vehicles to be worked on are stored. Mrs. Crowe could the whole area be rezoned? Mr. Walton that is a possibility. Mrs. Crowe problem with enlarging the non -conforming structure. Business should be on Lot 23B only. Mr. Hill I concur with Mrs. Crowe. KIBS225382 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 20, 1983, Regular Meeting Page 2 moved to r rmit the roil ca ino vehicle Mr. Hill you have 10 days to appeal our decision. Mr. Gregg I do not have a problem with the apartments, but with the expansion of the business. 5. PUBLIC HEARING ON CASE 83-031. A request to rezone 11.2 acres of land at the Nixon Ranch from Conservation to Rural Residential. (Community Development Department) Mr. Hill closed the regular meeting and opened the public hearing. Hearing no testimony the public hearing was closed and the regular meeting reopened. Mrs. Crowe moved to rezone 11.2 acres of land at the Nixon Kancn rrom uonservarion to Rural Residential Seconded by Mr. Rennell. Motion PASSED by unanimous roll call vote. 6. PUBLIC HEARING ON CASE 83-033. A request for a variance from Section 17.18.040(C) Rea' Yard Requirements on Lot 8, Block 11, ouzinkie Subdivision. (Gary Boskofsky) Mr. Rennell any public hearing notices returned? Mr. Walton 1 notice was returned opposed to the request. 12 notices mailed altogether. Mr. Hill closed the regular meeting and opened the public hearing. Duke Delgado I was the Mayor of ouzinkie when the house was built. The house is 8 feet from the property line. I am in favor of the variance. Hank Eaton no objection. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Crowe what is going on in the villages in the way of building permits? Mr. Walton the Borough is responsible for zoning, but the villages issue their own building permits. If this request is denied the house will have to be moved 2 feet. Mr. Briggs who is responsible for issuing permits in the villages? Mr. Walton usually the Mayor or City Clerk, but it does vary. Discussion between the Commission members and staff on the electric lines over this property. Mrs Strickert moved to grant a variance from Section 17.18.040(C) Rear Yard Requirements on Lot 8 Block 11 Ouzinkie Subidivision. Seconded by Mr. James. Motion PASSED by unanimous roll call vote. 7. PUBLIC HEARING ON CASE S-83-014. (Preliminary) Cape Chiniak Subdivision, 293 Lots. (Koniag, Inc. Mr. Crowe 50 public hearing notices mailed, none returned. Mr. Hill closed the regular meeting and opened the public hearing. Hank Eaton gave a brief history on the case. Bob Tarrant was the road ordinance the reason you denied this request in November? Mr. Hill no, you were told things to do and they were not done; that is why the preliminar was denied in November. Bob Tarrant would like to see preliminary approval granted tonight and we can work out some of the other problems before the final is submitted. Gene Sundberg and Manager for Koniag. Need more work sessions on this subdivision. The tour to Chiniak last Saturday was pretty good, some things were decided. More questions could have been answered if more people would have attended. Mr. James roads do seem adequate for preliminary approval. 293 lots is a lot can this subdivision be done in phases? Mr. Crowe yes. KIgS225383 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 20, 1983, Regular Meeting Page 3 Discussion between the Commission members and staff on road design. Lloyd Benton in favor of the subdivision. Fred Patterson Chairman of the Chiniak Comprehensive Plan Committee - roads are adequate, for the preliminary plat. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Briggs could a road service district be created in this area? Mr. Crowe if Koniag wanted one they could create one. Construction of improvements must be done prior to the recording of the final plat. Mr. Briggs what does a service district do? Mr. Crowe they are for maintenance not construction. Mrs Crowe moved to grant preliminary approval on Case S-83-014, Cape Chiniak Subdivision 293 Lots per the Borough Engineer's memorandum dated January 10, 1983 deleting ara ra h two 2 on paqe 6 and including the eight (8) conditions on page 6 Seconded by Mr. Rennell Motion PASSED with a 6-1 vote with Mrs. Crowe Mr. Gregg, Mr. Hill, Mr. James, Mrs. Strickert and Mr. Rennell voting YES and Mr. Briggs voting NO. 8. PUBLIC HEARING ON CASE S-83-015. (Preliminary) Vacation of a portion of Kittiwake Street and replat Lot 6, Block 1, Island Lake Subdivision, USS 3219 to its original configuration. (Theresa Armetta) Mr. Crowe 31 public hearing notices were mailed, 1 returned in objection to the request. Mr. Hill closed the regular meeting and opened the public hearing. Mr. Hill read a letter from Jim and Carol Brisco objecting to the request. Theresa Armetta for the request. Mr. Rennell how long have you lived there? Theresa Armetta since August of 1981. Mr. Briggs did you buy the land this way? Theresa Armetta yes. Mike Sweeney object to request. Lorna Arndt leave as is. If land is to go to anyone it should go to the Sweeney's. Mr. Hill read a letter from the Van Fleet's and Spencer's also against the request. Mr. Hill closed the public hearing and reopened the regular meeting. Discussion between the Commission members and staff on where the land should really go back to. Mrs. Crowe 20' x 145' lot, is that legal? Mr. Crowe if setbacks can be met it usually does not matter. Mr. Gregg nice access to the lake. Mr. Hill the intent is to keep as is. Mr. Briqqs Hill scan on vacation of a oortio ckert voted NO Mr. Hill you have the right to appeal our decision within 10 days. na Mr. Briggs could we suggest that the Borough by Theresa's lot, then she could buy a legal sized lot? KIBS225384 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 20, 1983, Regular Meeting Page 4 F F Mr. Hill called a 5 minute recess at 9:10 p.m. The meeting was reconved at 9:20 p.m. 9. PUBLIC HEARING ON CASE S-83-017. (Preliminary) Subdivision of Lot 1 and Tract Q, Russian Creek Alaska Subdivision, into 18 Lots "Russian Hill Subdivision". (David J. King Mr. Crowe 44 public hearing notices mailed, 5 returned opposing the request. Mrs. Crowe does ADEC do perk tests? Mr. Crowe no, the licensed installers do the perk tests. Mr. Rennell how big are the lots? Mr. Crowe they exceed 40,000 square feet. Mr. Hill closed the regular meeting and opened the public hearing. Lloyd Benton ADEC will require a test hole on each lot John Burt if this passes it is buyer beware? Mr. Crowe yes. Mrs. Crowe read the Borough Engineer's conditions. This is done with a backhow. Jahn Burt septic tank problems. Also concerned that the hill may slide. Daryl Horning concerned with traffic problems. Vicki Horning concerned with the traffic. Dennis Sander opposed to the request. Discussion between Commission members, staff and Dennis Sander on greenbelt area. John Bealey Chairman of Womans Bay Community Comprehensive Plan Committee opposed to the request. Discussion on road access to the proposed subdivision. Mr. Hill bulk of the land would require upper road access. Mrs. Crowe Gara Drive bothers me as it is not up to code for a well travelled road, problem with septic tanks in this area and land is zoned RR. Mr. Briggs no parks provided, density of area should be considered. 10. PUBLIC HEARING ON CASE 83-032. An Ordinance amending Section 16.12.020(F) of Borough Code on preliminary plat procedures. (Commissioner Hill and Assemblyman Arndt) Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. Mrs. Crowe delet the portion about notifying the applicant one month prior to expiration. Mr. Rennell I agree with Mrs. Crowe. Mrs. Strickert time limit should be deleted. Mr. Briggs I agree with Mrs. Strickert. KIBS225385 s to the Borough Assembly an Ordinance amending Sectic liminary pat procedures witn the tollowing change: ivider shall e advised, not less Endn one 56-nth befor 1 exoire on a certain dateecondedy Mr. Kennell. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 20, 1983, Regular Meeting Page 5 Mr. Hill vote YES and Mr. James and Mrs. Strickert vote NO. Mr. Hill letters of reminder in all cases should be deleted. 11. PUBLIC HEARING ON CASE 82-044. An Ordinance amending Chapter 17.21 of Borough Code on Business Districts. (Planning and Zoning Commission) Mr. Hill closed the regular meeting and opened the public hearing. Colleen Caulfield for beautification of the area. Submitted letter from the Beautificatioi r Committee. Mr. Rennell please testify at the Borough Assembly level. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Rennell I agree with the changes. Mr. Hill agree with the changes. Mr. Briggs appreciate the work and comments of the Beautification Committee. Mr. Briggs moved to approve and pass to the Borough Assembly an ordinance amending Chapter 17.21 of Borouah Code on Business Districts. Seconded by Mr. Rennell. Motion PASSED with a b-1 vote witn mr. H111, mr. uames, mr. Kenne votinq YES and Mrs. Strickert voting NO. 12. PUBLIC HEARING ON CASE 83-024. An Ordinance amending Chapter 18.50 of Borough Code to include Remote Cabin and Special Land Use Permits. (Community Development Department) Mr. Hill is the handout the corrected version? Mr. Walton yes. Mr. Hill close the regular meeting and opened the public hearing. r— Dave Herrnsteen 1 mile per cabin is too far apart. Mr. Briggs not wanting to densely populate the remote areas. Mr. Rennell agree with Mr. Briggs. Dave Herrnsteen specify conditions for assignable permits? Mrs. Crowe assignable to surviving spouse. Barb Markowitz remote cabin permits are a good idea. 1 mile seems to much of a distance for cabins, 10 years too long. How does a person get a permit? Lengthy discussion between the Commission members and Barb Markowitz on the proposed changes, discussion on distance from anchor lines from stream markers. Dave Herrnsteen define utilize. Mr. Hill use 9 months out of a year or you loose the permit. Barb Markowitz this should be a short term venture. Dave Herrnsteen permit should be renewed every year. r— Omar Stratman area should be lived in during the winter as well as the summer. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Rennell should be tabled for one more month. Mrs. Crowe 18.50 of Bo Remote Cabin and Special Land Use Permits until May 1983. Seconded by Mr. Rennell._ Motio 13. PUBLIC HEARING ON CASE 83-043. An Ordinance amending Chapter 17.03 of Borough Code on General Provisions and Use Regulations. (Community Development Department) KIPS�25388 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 20, 1983, Regular Meeting Page 6 Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. moved to h Ass u 17.n3 of Borouah Code on General Provisions and Use Requlations as prep area. aeconaea Dy voice 14. PUBLIC HEARING ON CASE 83-044. An Ordinance revising Chapter 17.66 of Borough Code on exceptions, variances and appeals. (Community Development Department) Mrs. Crowe I have one correction in Section 17.65.040 and Section 17.66.040 sentence number 3 should read "the Community Development Office shall send to each owner of property within a minimum distance of three hundred feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address and the action requested by the applicant. Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments th public hearing was closed and the regular meeting reopened. 15. RECONSIDERATION OF CASE 83-017. A request to rezone Lot 30, Block 1, Kodiak Townsite from R-3 to Business. Dennis Murray/Senior Citizens of Kodiak) Mr. Hill tabled due to height questions. Mrs Crowe moved to remove a request to rezone Lot 30 Block 1 Kodiak Townsite from R-3 �*- to Business from the table Seconded by Mr. Briggs. Motion PASSED by unanimous voice_ vote. Mrs. Crowe moved to rezone Lot 30, Block 1, Kodiak Townsite from R-3 to Business by deleting Lot 30C Block 1 Kodiak Townsite from the rezoning. Seconded by Mrs. Stricker. Mntinn PASSED by unanimous roll call vote. 16. RECONSIDERATION OF CASE S-83-012. (Preliminary)Elderberry Heights Subdivision, Fourth and Fifth Additions. Lenhart Grothe) voide Mr. Hill what recommendations did you require, if any? Mr. Crowe grant preliminary approval to a small portion and provide site grading on the remaining portion. 1.7. RECONSIDERATION OF CASE S-83-013. (Preliminary) Woodland Acres Subdivision, Third Addition. Lenhart Grothe Mrs. C from t imi Mrs. Crowe do these lots still meet Borough Code requirements? Mr. Crowe yes. i Discussion between the Commission members on the grade of the lots. Mr. Rennel imina ons 1-b Stlpuiatea in the borougn tnq,neer s me Mrc Ctrirkart_ Mntinn PASSFD by unanimous mo Third KI13S225386 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 20, 1983, Regular Meeting Page 7 18. RECONSIDERATION OF CASE 82-015. Controlled livestock grazing district Development Department moved to to a control] roll ca livestock distri (Community Mrs. 19. RECONSIDERATION OF CASE 0-81-024. An Ordinance amending Chapter 16.20 on Design Standards to include Park Dedication Requirements. (Community Development Department) Mrs. Strickert moved to table an ordinance amending Chapter 16.20 on Design Standards ` to include Park Dedication requirements. Seconded by Mrs. Crowe. Motion PASSED with a 5-2 vote with Mrs. Strickert Mr. James Mr. Hill, Mr. Gregg and Mrs. Crowe voting YES and Mr. Briggs and Mr. Rennell voting NO. r I 20. NEW BUSINESS - None 21. COMMUNICATIONS - None 22. ADDITIONAL AUDIENCE COMMENTS - None 23. CHAIRMAN'S REPORT - None 24. COMMITTEE REPORTS Mr. Briggs the Parks Committee is working on designing 2 parks in Bells Flats, the Mill Bay Park and a Monashka Bay Park. 25. COMMISSIONER'S COMMENTS Mrs. Crowe would like to work on the park dedication ordinance and design standards ordinance the first Wednesday in May. Should redo our priorities. Set up a work session with Koniag to go over their subdivision. Would like an update on Fir Terrace and the Alwerts. Mr. Briggs nothing. Mrs. Strickert nothing. Mr. James nothing. Mr. Gregg would like to discuss zoning in villages at a work session. Mr. Rennell would like to see more correspondence with Koniag, we should go out to look over the proposed subdivision area. Mr. Hill Naughton's smoke house operation should be checked on periodically out at Chiniak 26. DEPARTMENTAL REPORTS - None. 27. ADJOURNMENT - the meeting was adjourned at 11:30 p.m. ATTEST: BY: 0 -M- W anning Sec ary 1- -9..0 1 '' r ' i KODIAK ISLAND BOROUGH PLANNING ANf9 ZONING COMMISSIOP KIBS225387