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1981-02-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES FEBRUARY 18, 1981 PAGE 1 r I. CALL TO ORDER - The chairman called the meeting to order at 8:45 p.m. II. ROLL CALL Commissioners Present Mrs. Crowe Mr. Ramaglia Mrs. Walser Mr. Hill Mr. Briggs Mr. Ball III. MINUTES - January 21, 1981 - page 1 building permit for a space for the trailer would s comments Mr. Greer came to my Mr. Ramaglia moved to accept Mr. Ball. Motion PASSED by u IV. APPEARANCE REQUEST - None V. UNFINISHED BUSINESS - None VI. PUBLIC HEARINGS A. ZONING Commissioner Excused Mr. Gudenau Staff Present Mrs. Jones Mr. Hodgins Mr. Crowe Mr. Gordon ld like to see the following correcti e from the to to of that line, page 4 athered in and on page 5 Mrs. Walse he was ill basically he was angry. th the above corrections. Seconded by call vote. 1. Z-81-001. A request to rezone lot 24, block 1, Russian Creek Alaska Subdiv- ision from business to industrial. (Dick Knowles -Kodiak Towing) STAFF REPORT: Mrs. Jones stated that there were 40 notices sent out, 1 returned with a non -objection and 7 returned objecting to the rezoning 2 of the seven were out of the 1000 ft. area. Mrs. Crowe stated that the Planning department was to send out notice of public hearing to property owners in the surrounding area and we have defined the surrounding area within the City limits or, densely Populated areas we send out within three hundred (300) feet of the petitioned area and in the rural areas because the homes are further spread apart we make it a policy to expand the petition area to one thousand (1000) feet, that way we hope to get a good coverage but that is also the reason they are published in the paper so that everyone is informed and that does not preclude them from testifying. Mrs. Crowe closed the regular meeting and opened the public hearing. She alsi mentioned that there is a three (3) minute time limit on testimony if at all possible. FOR THE REZONING - None YJBS225181 AGAINST THE REZONING r Barbara Monkieivicz - owner of lot C-1, Russian Creek Alaska Subdivision just read the letter of February 7, 1981 into the record as she thought that she would be out fishing. No other comments other than the letter. Lt. Kenny USCG Support Center Legal Officer - object to the rezoning as to possible interference that an industrial business may cause the Communication Station at Holiday Beach. See letter dated February 18, 1981 in case file. No problem with business zoning. Mr. Briggs Arc Welding industrial arc Yielding or repair arc welding. Lt. Kenny if it is primarily a repair garage we do not envision that there is going to be alot of welding. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES FEBRUARY 18, 1981 PAGE 2 F. Mr. Ramaglia would wind generators cause a problem? Lt. Kenny I would have to refer you to Mr. Bernard CO Comstate CO Bernard -apologizes for having a cold. The concept of wind generation and a tower does not cause any concern the things that cause concern are things that make sparks. Some generators do make sparks. Feels that wind generators are on a scale that would not cause a problem. I would not be concerned about a generator, Mr. Frank Morgan - lot 26, Russian Creek Subdivision, object to the rezoning and object to the impound lot would be seen from house and objects to the impound lot so close to the road. Mr. John Marholec - lot 26, Russian Creek Subdivision, object to the rezoning and object to the impound lot, would be seen from house and objects to the impound lot so close to the road. John Bealey bought land at the land auction lot 21. Would like to see the land remain business not be changed to industrial. It is my understanding that other lands will be up for sale and they may be zoned industrial. Feels that this could be used as the City core. Mr. Ramaglia do you have an objection to an impound lot in a business dis- trict? Mr. Bealey I object to both impound lot and rezoning. Would like to see it remain business and be used for future City development. Loni White I live at lot 25A Russian Creek Subdivision. I am opposed to the rezoning of this area and opposed to an impound yard in this area. This past spring we were inconflict with the people on the other side of the river who were trying to move Brechan onto the Russian Creek Side of the river. and trying to rezone at that time people at that time were unanimously opposed to the rezoning. Opposed to impound lot just because of the location as it is too close to the highway. We do need an impound lot. Would be able to see the impound lot from my house. A couple of junk yards are already started in this area feels that they do not need another one. Tatta Jo I do not have anything prepared for tonight we bought lot A-3 at the land sale. Bought the lot as it has an ocean view. I do not want an impound view I want an ocean view I do not want to look down on junk cars. Oppose the rezoning and the impound lot. Deb Corbin owner of lot A-4 definitely opposed to an impound lot and to the rezoning. Bought the lot with the intention of seeing a city go in. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mrs. Crowe acknowledge receipt of objection letters from the following: Jeff Teeters Elena White John Murray U.S. Coast Guard Remie Murray Mr. Ball on the impound lot side do they determine where an impound lot shoulc '--- fall at the present time think that is something we would have to take up at another meeting right now we should only deal with the rezoning. Mrs. Crowe explained that the Commission had tried to rezone the land to industrial and it was turned down. Mrs. Crowe felt the same. as some of the people who wrote in and who testified as the people bought it as business it should stay that way. Mr. Ball moved to grant a request to rezone lot 24, block 1, Russian Creek Alaska from business to industrial submitted by Kodiak Towing -Dick Knowles. SarnndPd by Mr. Hill. Motion FAILED by unanimous roll call vote. KIBS225182 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMISSION MINUTES FEBRUARY 18, 1981 PAGE 3 Mrs. Crowe repeated the motion for the audience. Mrs. Crowe questions brought before us as far as the question of an impound lot and whether or not it belongs in business or industrial zoning use districts. Mould like the Planning Secretary to write to the different areas in Alaska to see where impound lots come in their zoning regulations with the possiblity of adding this to our current ordinances and defining what an impound lot is and in what type of zoning it belonqs. As it stands now, we have no specific zoning for an impound lot as this is a fenced in area that stores cars that have been impounded by the police, this is not a wrecking yard, this is not a junk yard. B. SUBDIVISIONS 1. S-81-002. Preliminary vacation of Tract A & B, Block 39, and lots 9 through 16, block 38, East Addition and replat to Tract C East Addition, USS 2538B. (Kodiak Island Borough) STAFF REPORT: No additions to the memorandum Mrs. Walser in checking out the area out there where the school is going to go there is a driveway along the houses there where we were talking about putting a parking lot what is going to become of that driveway? Mr. Crowe that driveway is privately owned and is used 'by the public. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comments Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Hill moved to block 39 and lots C East Addition U utility easement block 2 and lot 1 overhead guy for Addition, and lot include a 10-foot ment for existin Allman Addition; 6th Avenue to the addition of signa Borough Mayor and indicating City o by Mrs. Walser. C. OTHER - None VII. OLD BUSINESS A. ZONING rant Dreliminary approval to a 9 through 16, block 38, East Ad SS 2538B with the following sti on common boundarybetween Tract block 3, Allman Addition; 2 . the power pole near the corner c 1, block 2, and lot 1, block 3, t easement for this facility; 3 . 4' waterline from 6th Avenue ac 4). Inclusion of drainage easem intake of the drainage culvert diak`s approval of street ana on PASSED by unanimous roll ca ation of Tracts A & B ion and re lat to Tra ations: 1 show 10-fo East Addition, and 1 ow existing location on to Tract C, East [man Addition , and nclusion of utility e s existing Tract A to from the outfall on er Baranof Park; 5 t for Kodiak Island tion of sign -off bloc llev vacation. Secor 1. Z-80-049. A request to rezone lots 1A, 1B, 1C, block 1, Emmons Addition and lots 1, 2A, 2B, 3A, & 3B, block 2, Emmons Addition and lots 16A1 and 16B, USS 3099 from rural residential to R-2. (Beehler, Dick, Finley, Emmons, Weyer Magnussen and Anderson) 11 moved to brinq this item up from the table_. Seconded by Mrs. Wal KIBS225183 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES FEBRUARY 18, 1981 Page 4 Mrs. Crowe gave a brief history on the case. More people have joined in on the rezoning and it makes the area to be rezoned 2.83 acres. Mr. Ramaglia would like to state for the record that the Comprehensive Plan shows this as medium residential which would allow for R-2 use. Mrs. Jones 18 names were withdrawn from the petition passed around from .-- Mr. Chandler on December 14. Mrs. Crowe do you remember the exact number on the petition? Mrs. Jones 40 Mrs. Crowe so almost half have withdrawn their names. My comments on this would be that I think all but one of the lots has been developed and half of those lots at least are already used as duplexes the other half have R-1 or single family dwellings on them at this time. The duplexes that are in there presently enter or exit off of Mission Road so by rezoning this to R-2 we would only be impacting the area with one more duplex on that street. The others that are under this petition enter/exit from the cut off road or possibl they could get to one piece from Rezanoff. Mr. Ramaglia didn't we determine at the last meeting if duplexes were put on all of the lots that there would only be four more residents in the area. Mr. Briggs actually there would be an addition of three families. Mr. Ball there would only be 22 names left on the petition how many are actual owners in that area? Mrs. Crowe I know of two people who do not live within the area. Ruth St Clair. Mr. Hill suggested that the last paragraph of Mr. Beehler's letter dated November 3, 1980 be changed to read in rezoning these lots to R-2 it would allow the continued use of our property for the same use that it was purchase( for and it would also be inkeeping of the R-2 requirements. Only for clarific- ation. Mr. Ramaglia moved to grant the rezoning of lots 1A, 1B, 1C, block 1, Emmons Addition and lots 1, 2A, 2B, 3A and 3B, block 2, Emmons Addition and lots 16A1 and 16B USS 3099 from rural residential to P,-2. Seconded by Mrs. Walser. on M)b LU Dv unanimous roll call vote. B. SUBDIVISIONS - None C. OTHER - None VIII. NEW BUSINESS A. ZONING - None B. SUBDIVISIONS - None C. OTHER 1. 0-81-001. Bells Flats Gravel Site Development and lease agreement. Mrs. Crowe with the permission of the rest of the Commission I will entertain a motion to table this we'll ask the Borough Engineer under staff comment if he has any additional comments or updating that he may have on this project that we have underway for several months now. We take it up with the Assembly at our joint work session on February 25. Mr. Ramaglia moved to table action on the Bells Flats Gravel Site Development and lease agreement. Seconded by Mr. Hill. Put on a work session. Motion PASSED by unanimous roll call vote. KIBS225184 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES FEBRUARY 18, 1981 PAGE 5 Mrs. Crowe at the work session there was some discussion about considering tl next five items together. What is the wish of the Commission at this time? Mr. Hill maybe we should consider them as one ordinance, go individual. 2. 0-81-002. Ordinance on front yard setback requirements in residential zoning districts. LMr. Hill no corrections. Mrs. Crowe would you please read the Ordinance Mr. Hill. 111r. Hill read the Lrdinance. KODIAK ISLAND BOROUGH ORDINANCE NO. 81- -0 AN ORDINANCE AMENDING TITLE 17 OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES PERTAINING TO REQUIRED FRONT YARDS (SETBACKS) IN RESIDENTIAL ZONING DISTRICTS. BE IT ORDAINED BY the Kodiak Island Borough Assembly that: Section 1: Section 17.12.040A is hereby amended to read as follows: 17.12.040 Yards. A. Front Yards. 1. The minimum front yard shall be twenty-five (25) feet, unless a - precious building line less than this has been established, in which an the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied; 2. if oh'L`.lot is occupied and the other vacant, the setback shall be the setback of the �cdupied lot. plus one-half the remaining distance to. the required twenty-five (25) foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty-five (25) feet. Section 2: Section 17.18.040A is hereby amended to read as follows:�� 17.18.040 Yards. A. Front Yard.. 1. The minimum front yard shall be twenty-five (25) feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the in structures on abutting lots on either side if both lots are occupied; 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half the remaining distance to the required twenty-five (25) foot setback; 3. if neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty-five (25) feet. Section 3: Section 17.45.030 is hereby repealed in its entirety. Section 4: This ordinance is effective upon passage and approval. 1r. !',ill moved to recommend to the Borouoh Assembly aboroval of an ordil a. Motion NASSLU by unanimous roll ca 3. 0-81-003. An ordinance defining "Accessory Buildings". Mr. Hill two corrections Mr. Ramaglia read into the record. KODIAK ISLAND BOROUGH ORDINANCE NO. 81- -0 a AN ORDINANCE AMENDING TITLE 17 OF THE KODIAK ISLAND BOROUGH CODE RELATING TO THE DEFINITION OF "ACCESSORY BUILDINGS". BE IT ORDAINED BY the Kodiak Island Borough Assembly that: SECTION 1: Section 17.06.080 "Building, Accessory" is amended to read as follows: 17.06.080 Building Accessory. "Accessory Building" means a detached building, the use of which is appropriate, subordinate and customarily incident ial to that of the main building and to the main use of the land and which is located on the same lot as the in building and use. An accessory building shall be considered to be a part of the Hain building when joined to the main building by a commron wall not less than four (4) feet long or when any accessoryi building and the main buildings are connected by a breezeway which shall not be less than eight (8) feet in width. Accessory building means any structure, regardless of type of foundation or base support, including skid -mounted or other movable structures. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMISSION MINUTES FEBRUARY 18, 1981 Page 6 r-- Mrs. Walser moved as d to the Borough Ass inan FV ni 4. 0-81-004. An Ordinance amending Title 17 of the Kodiak Island Borough Code of Ordinances relating to yard requirements. 5 Mr. Hill read the Ordinance KODIAK ISLAND BOROUGH ORDINANCE NO. 81- -0 AN ORDINANCE AMENDING TITLE 17 OF THE KODIAK ISLAND BOROUGH CODE RELATING TO YARD REQUIREMENTS. BE IT ORDAINED BY the Kodiak Island Borough Assembly that: Section 1: Section 17.45.010 D is amended to read as follows: 17 45 O10 D. Projections into. A detached accessory building not exceeding 14 feet in height may be permitted to occupy a rear yard provided that not more than one-third Of the total area of such rear yard shall be so occupied, and provided that such building is not within 5 feet of the side or rear lot line. For purposes f this t'"accessory B ilding" means any -All underlined lines are new w 0-81-005. An Ordinance relating to zoning procedure. 'r. Call read tl;e Ordinance. Mr. Bal 6. 0-81-006 KODIAK ISLAND BOROUGH ORDINANCE NO. 81- -0 AN ORDINANCE RELATING TO ZONING PROCEDURE. BE IT ORDAINED BY the Kodiak Island Borough Assembly that: SECTION 1: A new section 17.72.055 is added to read as foli ows: 17 71 055 Submission to Assembly. (A). within thirty (30) days after the Planning Commission has act- ed favorably upon a proposed zoning map change in accordance with the above provisions, a report with recommendations shall be submitted to the Assembly together with th eproposed Ordinance. Such recommendations of the Planning Commission shall be advisory only and shall not be binding upon the Assembly. When an Ordinance has been forwarded to the Borough Assembly, the Assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 27.72.070. Notice of hearing shall include a description of the protest rights established by Section 17.72.080. i (B). If the Commission recommends denial of any proposed amendment, its action shall he final unless the initiation party within twenty (20) days files a written statement with the Borough Clerk requesting that the amendment be taken up by the Borough Assembly. oved to recommend to the Borough Assembly that they ap, relating to zoning procedure Seconded by Mrs. Walser. unanimous roll call vote. ve an An Ordinance relating to enforcement action of the Building Officid Mr. Hill moved that Ordinances 2-6 be rewritten into one Ordinance under section nu call vote. are tion ro KIBS225186