1983-01-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES JANUARY 19, 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 7:35 p.m. in the Borough Assembly Chambers. COMMISSIONER'S PRESENT Tim Hill Virginia Crowe Dan James Ken Gregg Pat Briggs Steve Rennell Quroum was established. COMMISSIONER EXCUSED JoAnn Strickert ALSO PRESENT Will Walton, Director of Community Development Joanne Jones, Planning Secretary 1. MINUTES - December 15, 1982 Regular Meeting December 29, 1982 Continued Meeting Mr. Hill we will act on the December 15, 1982 minutes under New Business. Mrs. Crowe moved to accept the December 29, 1982 minutes as prepared. Seconded b Mr. Rennell. Motion PASSED by unanimous voice vote. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS. None. 3. PUBLIC HEARING ON CASE 82-150. A request to rezone land in Woman's Bay Community to comply with the 1982 Comprehensive Plan. (Mike Green) Mr. Walton presented the staff report based on a memorandum prepared by the Planning Department. Also explained the approved Comprehensive Plan map and the zoning map for the Bells Flats/Russian Creek Areas. Mr. Hill closed the regular meeting and opened the public hearing. Mr. Walton I would like to apologize to Mike Green for the way the public hearing notices were mailed out. Mike Green accepted Mr. Walton's apology. For the rezoning. Would like to see an RR - Rural Residential overlay on the industrial land for protection in the future. John Bealey in favor of the rezoning and support Mike's proposal for the RR -Rural Residential overlay. Still working on phase II of the plan. Mike Brechan not opposed to the rezoning. Think the RR -Rural Residential overlay is premature at this point. Presently there is a buffer zone around the industrial area there should be something done to conserve the Russian River. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Crowe the only thing we are considering tonight is the rezoning. Mr. Walton there is a buffer zone around Brechan's large gravel site. Discussion between the Commission members on a buffer area. Mrs. Crowe the condition of the river should be looked into, what can we do about it? Mr. Walton the new conservation zone would cover this area. Discussion between the Commission members and Mr. Walton on courses of action that could be taken to protect the river. Mrs. Crowe a person would need to petition the State then? Mr. Walton correct. KIBS225359 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 19, 1983, Regular Meeting Page 2 Lots 1-4. Block 2, Tract A, Bells Flats Alaska Subdivision from industrial to FL-NUDiic Lots 1-and 2, Block Public Lands; Lots 4 and 5, Block Public Lands; r" Lots 2 and 3, Block Public Lands; PL-Public Lan Tract B-5A, B Lots 2 and 3, Public Lands. 4, Tract A, Bells 5, Tract A, Bells 5, Tract A, Bells . and H, Bells Fl s Flats Al an laska Subdivision from industrial Flats Alaska Su Flats Alaska Su is Alaska Subdi ivision from industri ion from indus ion from Service vice Recreation Sion from Rural SED by unanimou Lu rL- to PL- tion to -Public Lands; ca Mr. Hill item #12 will be next. 4. CONSIDERATION OF CASE S-82-022. (Final) Vacation and replat of Lots 3, 4, 5, 6, 7, portion of Lot 8, Lot 9, portion of Lot 10, and Lot 11, USS 3098 to Lots 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8B, 9A, 9B, 10B, 11A, and 11B, USS 3098. (Kodiak Island Borough) Mr. Hill there is no public hearing on this case. Mr. Hill what is the September 20th memorandum for? Mr. Walton just information. Mrs Crowe moved to grant final approval to the vacation and replat of Lots 3, 4, 5, 6 7, portion of Lot 8, Lot 9, portion of Lot 10, and Lot 11, USS 3098, to Lots 3A, 3B, 4 46, 58 , 5B, 6A, 66, 7A, 7B, 8B, 9A, 9B, 10B, 11A and 11B, USS 3098. Seconded by Mr. Greoo. Motion PASSED by unanimous roll call vote. r 5. PUBLIC HEARING ON CASE 83-006. A request to rezone Lots 3, 4, 5, 6, 7, 9, 10, 11 and 1 USS 3098 from Service/Recreation and Rural Residential to Business. (Planning and Zoning Commission). Mr. Walton 2 public hearing notices returned out of 55 mailed. Mr. Gregg on the final subdivision there is a covenant that states lots are not to be sold while the airport is in existance. Mr. Hill closed the regular meeting and opened the public hearing. Stan Baltzo Pilots Association. Concur with the rezoning as long as the convenant is ther ou i e to see the "A" designated lots to be used for aviation uses only. Side slope and glideslope ordinance should be followed. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Hill do not have an ordinance that supports aviation purposes, once business, it's business. Mrs. Crowe sideslope ordinance is from the City, Borough does not agree, correct Will? Mr. Walton Borough has land use planning not the City, the Borough does try to work with the City on this. Mrs. Crowe if all setbacks are met, couldn't anything be built? Mr. Walton yes, but you could restrict the land now or at a later date if you wish. Mr. Hill Ralph, would 35 foot height be allowed? Ralph Wright Flyrite, FAA has glideslope regulations also. Mrs. Crowe how wide is the runway? Ralph Wright approximately 75 feet. Mr. Briggs could we restrict the land before the land sale? KIBS225360 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Janaury 19, 1983 Regular Meeting Page 3 Mr. Hill what about when the airport is gone? Mrs. Crowe you could word the restriction to cover when the airport is gone. a request t rvic 1 ca ness. 4. 5. 6. 7, 9, 10, 11 n 6. PUBLIC HEARING ON CASE 83-003. A request for a land lease on USS 1738, Section 27, T19S, R20W, S.M. Wayne Treat r-- Mr. Walton explained Linda Freed's memorandum about the Fish and Game meeting on January 13, 1983. Changed lease to easements and gave brief description of why this was changed. Mr. Hill closed the regular meeting and opened the public hearing. Lorne White for the request. Member of the Regional Planning Team. Mrs. Crowe what do you think about the leasing? Lorne White opposed to leasing myself, but in some cases it is warranted. Mrs. Crowe do you think a 50' or 100' easement would be better? Lorne White 50 feet should be enough. Mr. Hill this is just preliminary as Mr. Treat must have approval from Fish and Game. Mrs. Crowe is State permission a standard form or is it done on a case by case basis? What happens to the lease or permit if something should happen to Mr. Treat? Lorne White I'm not sure. Do you know Hank? Hank Eaton I'm really not sure. Mr. Briggs does Fish and Game monitor this permit? Lorne White yes. Mr. Briggs has Mr. Treat asked for a loan from Fish and Game? Lorne White I do not know. Discussion on re-evaluation lease or permit on an annual basis. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs Crowe moved to grant a request for a land lease on USS 1738, Section 27, T19S, R20W S.M. with the following conditions: 1 lease execution depends on final approval of the hatchery by the Alaska Department Fish and Game; 2. the documentation of non-profit status required by Section 18.40.020(C) be provide upon execution of the lease, 3. re-evaluation of lease annually; 4. not re -assignable without Commission and Borough Assembly approval; and 5. the use allowed is that of a non-profit salmon hatchery. Seconded by Mr. Rennell. Motion PASSED by unanimous roll call vote. �- 7. PUBLIC HEARING ON CASE 82-145. A request to purchase 1.38 acres of land on USS 1678, T27S, R19W, S.M. 7Michael Brechan) Mr. Walton presented the staff report based on a memorandum prepared by the Planning Department. 11 notices mailed, 2 returned against one from William Missal and one from Ilva Murbock. Borough could not sell land without a public auction as the land is probably valued at more than $5,000 dollars. Many steps to follow in setting up for a public auction. Mr. Hill closed the regular meeting and opened the public hearing. Mike Brechan I do not think the land is sellable at this point as there is no access to it except through my land. KIBS225361 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 19, 1983, Regular Meeting Page 4 Stefani Dochtermann representing the parks committee, we are looking at this area for a public park. Should be left in the borough's ownership. Barbara Swearingen against the request, would like to see the land a public park. Susan Killen would like to see the land as a public park. No access. Jeff Sylva would like to see area open for the public. Rita Elsberry leave open for public. F. Mr. Hill closed the public hearing and reopened the regular meeting. Mr. Rennell lease to the City may be a problem. Mrs. Crowe designate area for park development. Mr. Hill Mike Brechan would like to secure the area, parks committee would like to see the area for a park. Mrs. .M. t to purchase 1.38 acres of land on USS 11 1. Motion FAILED by unanimous roll call Mr. Hill called a 5 minute recess at 9:00 p.m. The meeting was reconvened at 9:05 p.m. 8. PUBLIC HEARING ON CASE 0-81-022. An Ordinance amending Title 17 of the Kodiak Island Borough Code, pertaining to zoning, by deleting portions of Chapter 17.30 General Use Regulations and revising Chapter 17.33 Public Uses in its entirety. (Community Developmen Department.) Mr. Walton presented the staff report based on a memorandum prepared by the planning department. Mrs. Crowe what about buffer zones? Discussion between the Commission members on site plan approval. Mrs. Crowe definition of a site plan for the February meeting. Mr. Gregg permitted uses subject to a detailed site plan approved by the Planning and Zoning Commission. 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 moved to approve an ordinance amending Title 17 of the Kodiak Island Borough Code pertaining to zoning by deleting portions of Chapter 17.30 General Use Regulations and revising Chapter 17.33 Public Uses in its entirety with the followingchanges: c Lands District to Public Us uses.should read as follows: the Public Use Land District subj and Zoning Commission; and 3. 17.33.030 Conditional Uses sho allowed by obtaining a conditiona after proper notice, public heari by Mr. Rennell. Motion PASSED by d read as follows ca tted in a detailed site plan the following land uses may be Planning and Zoning Commission etailed site Elan. Seconded 9. PUBLIC HEARING ON CASE 82-126. An Ordinance amending Chapter 17.63 of Borough Code on Certificates of Occupancy. Community Development Department) r Mr. Walton presented the staff report based on a memorandum prepared by the Planning department. Mrs. Crowe are we deleting Certificates of Occupancy? Mr. Walton no, it is in Title 15. Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. Mr. finance amendino Chapter 17.63 of ca i unanimous ro KIBS225362 call KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 19, 1983, Regular Meeting Page 5 r- 10. PUBLIC HEARING ON CASE S-82-030 (Preliminary) Cape Chiniak Subdivision, 293 lots. (Koniag, Inc. Mr. Hill closed the regular meeting and opened the public hearing. Hank Eaton Manager of the Chiniak Joint Venture. Presented history of events which have lead to the development and sale of the lots. The lots will only be offered to Alaska Residents. Mr. Briggs lots along the roadway. Hank Eaton lots are surveyed to existing roads. Mr. Briggs what about park areas? Hank Eaton pointed out the two park areas on the large map. Mrs. Crowe where are the easements? Bob Tarrant there are easements all over if you want to look at them you can as I brought the plans. Hank Eaton Koniag would like control of the trees on dedicated right of ways. Lengthy discussion between the Commission members and Hank Eaton on dedicated road ways and timber rights. Bill Kirk On April 29, 1979 Koniag received convayance to the land by the Feds, who owns the land? Hank Eaton Koniag. Bill Kirk how many acres are you talking about for the trade? Bob Tarrant approximately 250 acres. Discussion between Hank Eaton and Bill Kirk on the location of the area of trade. Jan Pennington complemented Koniag on the larger lot sizes. Concerned with the following: access, lots by the spit unstable, seal rookery, leave bunkers for historical purposes, park areas, protect the Chiniak Creek, dump area, water service, service district, water service, service district, fire station, ambulance, and salmon sponing creek should be preserved. Discussion between Hank Eaton, Jan Pennington and Bob Tarrant on the width of the ease- ment by the airport. Mr. Hill called a 5 minute recess at 10:00 p.m. The meeting was reconvened at 10:10 p.m. Mr. Hill closed the public hearing and reopened the regular meeting. Lengthy discussion between the Commission members and Hank Eaton on offering some of the land to the State Parks Committee. Some discussion on historic landings. Mr. Hill would like to go over this plan in more detail at a work session. Mr. Rennell concerned about park areas and access. Mr. James concerned about parks. Mr. Briggs concerned about access, public use areas, schools and fire station locations. Mrs. Crowe moved to deny the preliminary Cape Chiniak Subdivision, 293 lots. Seconded 11. PUBLIC HEARING ON CASE S-82-032. (Preliminary) Subdivision of Lot A-1, Russian Creek Alaska Subdivision, into two lots: Lots A-1A and A-1B. (Harry B. Dodge and Kenneth G. Langlois) Mr. Hill closed the regular meeting and opened the public hearing. KIBS225363 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 19, 1983, Regular Meeting Page 6 Ken Langlois we would sell the front lot and keep the back lot for us. Mr. Walton was called to the front for a private discussion with the Planning Commission. Mr. Hill closed the public hearing and reopened the regular meeting. Mrs. Crowe schedule this case for the January 26, 1983 work session. Mr. Brioas moved to table a request to subdivide Lot A-1, Russian Cr sian Creek Alaska Subdivision. Seconded r-- oy Mr. Kennels. Motion 12. PUBLIC HEARING ON CASE S-82-033. (Preliminary) Subdivision of Tract D-1, USS 1678; and resubdivision of Lots 9, 10, 11 and 12, Block 1, Monashka Bay Alaska Subdivision into 12 lots: Lots 1 through 12. (Westward Tacoma, Inc/John J. Eufemio) Mrs. Crowe which lot is on the foreclosure list? Mr. Walton Tract D-1. Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. Mr. Rennell any comments on the public hearing notices? Mr. Walton no. Mrs. Crowe I have the same problems as Mr. Crowe and Mr. Walton on this case. Mr. Gregg I have a problem with the road. pprove a preliminary subdivision of Tract D-1, USS 1678; and 9, 10, 11 and 12, Block 1, Monashka Bay Alaska Subdivision, uah 12. Seconded by Mr. Rennell. Motion FAILED by unanimou Mr. Hill the applicant does have the right to appeal our decision. 13. NEW BUSINESS 1. December 15, 1982, Regular Meeting Minutes Mr. Gregg moved to accept the December 15, 1982 minutes as Rennell. Motion PASSED by unanimous voice vote. 14. COMMUNICATIONS - None 15. ADDITIONAL AUDIENCE COMMENTS - None. 16. CHAIRMAN'S REPORT Jared. Seconded by Mr. Mr. Hill no parking signs behind Berg Motors and betwwn Center Street Plaza and Tony's Mrs. Crowe would like to know what the firelane requirements are so we can get this taken care of. Mr. Hill parking at Cope Street is much better. 17. COMMITTEE REPORTS - None 18. COMMISSIONER'S COMMENTS Mrs. Crowe would like a draft ordinance changing Section 16.24(B)(1) for the February regular meeting. Change shall not to may not at the descretion of the Planning Commission. Mr. Hill I agree, but roads should be provided to new lots. Mrs. Crowe send copy of minutes and the two memos on the Koniag subdivision to Hank Eaton. Mr. Briggs firelane is one (1) car width from Tony's. KIBS225364 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 19, 1983 Regular Meeting Page 7 Mr. Gregg regarding the Chiniak Subdivision - deisgnate area for fire station, upgrade the roads and have them come back to the Commission. Mr. Rennell nothing. Mr. James on the Chiniak Subdivision there should be more park areas. Mr. Briggs can we request subdividers to set up a service district on large subdivisions? 19. DEPARTMENTAL REPORTS - None. 20. ADJOURNMENT - The meeting was adjourned at 11.15 p.m. ATTEST: BY: pQntir (/)')PIS P anningLgecretary DATE MINUTES APPROVED: February 16, 1983 r�- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY: `V e✓ 3 cLau" -- Chairman Commissioner X1BS225365