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1981-04-15 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting Page 1 I. CALL TO ORDER - Mr. Ball called the meeting to order at 7:35 p.m. II. ROLL CALL Commissioner's present Mr. Ball Mr. Hill Mr. 'Ramaglia Mrs. Walser Mr. GudenaBriggs Mr. Briggs Quorum was established. III. MINUTES - March 18, 1981 Mr. IV. APPEARANCE REQUEST - None V. PUBLIC HEARINGS A. ZONING Commmissioner's excused Mrs. Crowe Also present Will Walton Joanne Jones Bill Hodgins i Mr. Hill. KIBS225201 1. Z-'81-004. A request for a variance from the rear yard requirements on lots 9 and 10, block 46, East Addition to allow an addition to be built 3 feet into a required 25 foot rear yard. (Clyde Lovett) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare by the Planning Department. Mr. Walton read a letter from Mr. Herman Beukers, Superintendent of Public Works stating no objection to the variance request. Staf recommended approval. Mr. Ball closed the regular meeting and opened the public hearing. Hearing no comments Mr. Ball closed the public hearing and reopened the regular meeting. Mrs. Lovett I am in the audience if you have any questions. 2. Z-81-005. A request for an exception from the Borough Code of Ordinances to permit the use of a bus as a food service to the public on lot 12, block 16 Kodiak Townsite. (Linda Larsen and Della Fannin) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare by the Planning Department.. Letter from Mr. Ryan, City Manager, the bus has had tax licenses to run from the City of Kodiak , he was also concerned about zoning tieing followed. We also received a petition from Linda Larsen which contains 450 signatures. Mr. Walton read the petition heading. Staff recommended approval with three conditions. Mr. Briggs Do you have a copy of their State License? I found it. r Mr. Ball stick to the one recommendation of the Planning Department, that is that the Planning and Zoning Commission needs to address strictly safety, general welfare and health. That is our main concern. Also section 17.21.020, which is general conditions. Mr. Ball closed the regular meeting and opened the public hearing. Mr. Dave Chatfield a property owner within 300 feet. Have eaten at the establisY ment in all its locations. Have a limited service, can not possibly see how they are hurting any of the other businesses as they are so small. They are only open for a limited time, in all the areas I have been they keep the area neat and clear Keeps them off of welfare and out of trouble, I am for the request. Fred Roberts Afternoon Delight is a great asset to the community. It is clean and efficient to me, and I can not see how it can cause any ill effects towards this community. It is nice to be able to sit outside and enjoy your lunch. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting Page 2 Harry Brighton (State Sanitarian) it has been a pleasure working with these girls and the bus. There are State standards for a mobile food operation. Mr. Allan, in Anchorage was consulted by these girls when this bus was put toghether in Anchorage and it does meet the standards for public health, and it is always kept clean. There was some question on the license, they do have an existing state license, which the State Food Service issues one time. It is good as long as that person or operation uses the facility, if it is sold a new license needs to be issued. License is 4 years old. Thinks that the bus is an asset to the community Mr. Briggs health permits are issued? Do you have mobile restaurant permits or permanent restaurant permits? Are they different or are they the same? Mr. Brighton no, they are different. It is one permit but the regulations specif3 temporary facilities and mobile facilities and there are regulations for each of them. Mr. Briggs is there a time limit on these permits? Mr. Brighton temporary permits are only issued for 14 days. Anything over that must be a regular permit. Discussion on limits of Afternoon Delight permit and what the permit covers. Arly Engler feels it is needed. Would like to see it stay as the community has supported it for.the past 4 years. Ann Prongay-Evans would like to see Afternoon Delight stay open as it is fast and a pleasure to be outdoors. Geralden Squartsoff employed at Afternoon Delight, it is clean and would like to see it kept open so I have a job. John Boucher for the exception would like to see Afternoon Delight kept open. Mr. Ball closed the public hearing and reopened the regular meeting. Mr. Ball would like to ask staff to make a comment on section 17.21.020. Mr. Walton clean way would be to grant an exception to that requirement for a permanent building and then lastly make findings that this operation does not endanger public health, safety or welfare. Mr. Hill thinking in the line that this is an exception for the use of a bus. No Fe left as a permanent building but leave it as it is a bus. Mr. Briggs mobile restaurant I think that is what we should classify it as not as restaurant on a permanent status. John Boucher what about the ice cream truck and others that we used to have? Mr. Ball what about a time limit? Mr. Ramaglia my concern is that in the downtown area anyone would be able to come in and set up. I would suggest a one year time limit and after one year they come back to the Planninq and Zoning Commission for determination. What about the sign? Would that have to be addressed? Mr. Ball it is addressed in the staff report, must comply with the sign ordinance Mr. Walton conditions are so that the applicant knows she has basically three things to comply with: 1. parking lot, 2. sign ordinance and 3. parking plan. 4 Mr. Ramaglia isn't the sign bigger than it should be? KIBS225202 Mr. Hodgins I do not think so. Mr. Ball the only addition I think we should put with the staff's recommendation a one year time limit. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting Page 3 r 3. S-78-103. Gregory Furin and Art Bors request the reconsideration of Ordinance 79-1-0(A) which rezoned lots 12-19, block 2 and lots 9-16, block 3, Allmdn Addition from R-1 to business with special limitations and restrictions. STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare( by the Planning Department. Staff recommended renegotiation of the contract when the contract zoning ordinance is approved or removal of the restrictions. Letters Received Mr. & Mrs. Merl Snyder - no objection Mildred Markham - no objection Ron Doubt - no objection KVOK (Gregg Clapper) - no objection Herman Beukers, Public Works - waiting to Duane Freeman - no objection Jim Ashford - no objection Mr. Ball how many notices were mailed? Mrs. Jones 28. Mr. Ball how many returned? Mrs. Jones 1 questionable, 6 no objection. see what is to be done with property Mr. Ball do you find that more that more than normal received? Mrs. Jones yes. Mr. Ball would you explain the difference between business and business with restrictions. Mr. Walton read ordinance 79-1-0(A) for business with restrictions, then read from section 17.21.010, Uses Permitted in the business district. The contract was more restrictive then the code. Mr. Ball would you care to comment on Ordiance 79-1-0(A)? If it were taken to cou would it hold up? Mr. Walton it was very well written but all districts need to be treated uniformly In this case we are treating this parcel of buiness different from the rest, we did it in a contract which is appropriate, but the part that bothers, me is that at that time we did not have the contract zoning ordinance allowing us to do that and that bothers me. We could loose in court. Mr. Ball December 4, 1978, Bertha Pratt, Art Bors and Greg Furin requested that th City vacate a portion of Malutin Road to facilitate their plan to construct a recreation facility. Anyone who was doing construction on that property would have make the same request? Mr. Walton yes, I believe so. KIBS225203 Mrs. Walser not being around when this was first brought up in 1977, why were the limitations placed on this? Mr. Ball the property across the street (from the Harvester to Inlet Electric) was zoned residential and we were trying to protect the homeowners. Mrs. Walser does the Comprehensive Plan address this area? Mr. Walton the Comprehensive Plan designates it as shopping center. Mr. Ball closed the regular meeting and opened the public hearing. Jim Garoutte thought is (the Ordinance) was turned down, was not aware that this area was rezoned. I was at the meeting when they turned the request down. Mr. Ball it has been zoned business since 1979. Mr. Garoutte I have been at all the meetings and I never knew that it passed. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting Page 4 Discussion between Mr. Ball and Mr. Garoutte. Mr. Ball first reading and approval date was January 12, 1979 second reading was February 6, 1979 passed February 22, 1979 prepared by the Planning Department signed by Betty Wallin, Borough Mayor Mr. Garoutte why didn't they notify me of the other meetings? Mr. Ball I do not want to agrue, it was passed on February 22, 1979. Discussion between the Commission and Audience Mr. Garoutte opposed to the rezoning. George Wolkoff I do not understand what is going on. Mr. Ball your property is residential, the other property is business. Mrs. Jones according to the list of people notified in 1979 Mr. Garoutte was notified by Mr. Wolkoff's name is not on this list. I do not know why Mr. Wolkoff name is not on the list. Mr. Wolkoff I have owned that land for over 30 years. Mrs. Walser confusion may be in the way it was written in the paper. Mr. Walton explained what the request really was. Mr. Wolkoff against this request. Mrs. Walser would you object to the cultural facility? Mr. Wolkoff yes, I have lived here for 30 years and would not like to see the cultural facility either. e- Mr. Ball how many houses are lived in, in that area? Mr. Wolkoff about 3 homes. Mr. Hill where is your house George? Mr. Wolkoff I am right next to Erdman's Trailer Court. Mr. Hill are you in the Alley Way, you are not on Mill Bay Road? Mr. Bors possible explaination about this misunderstanding. There was a point in time when there was going to be a public hearing at the Borough Assembly and we presented a schematic drawing, which contained office space. That was not previou ly approved by the Planning and Zoning Commission but between the Planning Commis- sion meeting and the Borough Assembly meeting we were given a list of things that would be permitted with these restrictions and on the basis of that list the office space was added to the schematic plan. When this was presented at the Borough Assembly meeting, which normally would have been the night this would have been approved, it was not approved because Mr. Busch stated that the office space was a new item and there was a concern so that Borough Assembly action was to pass this back through the Planning and Zoning Commission and let them inspect our schematic drawing before they passed on the ordinance. This was done and perhaps r the next time we approached the Borough Assembly for approval Mr. Garoutte and Mr. Wolkoff were not present at that meeting. I suspect what happened was that they were present at the meeting where Dan Busch spoke and the ordinance was not passed and at a succeeding neeting it was passed. Wanted to offer that as a possible explaination. Mrs. Jones stated that if the request was turned down at one Borough Assembly meeting the Borough Assembly may have brought it back up under Old Business and in that case notices would not be sent out again. Mr. Ball closed the public hearing and reopened the regular meeting. Mr. Ball directed his question to Mrs. Jones, where is Mr. Wolkoff located accord- ing to the 300 feet. KIBS225204 KODIAK ISLAND BOROUGH PALNNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting Page 5 r F r Mrs. Jones on my map he is in the circle and was notified this time. Mr. Hill others are willing to rezone their lots to business therefore it would be conforming with the rezoning of Mill Bay. Mr. Ball it is permitted that the Planning and Zoning Commission can initate a rezoning. Mr. Walton yes, it is but I would not suggest it for tonights meeting. Mrs. Walser it concerns me that contract zoning was done without an ordinance to do so. I feel in keeping with uniformity that we should consider this carefully. Mr. Ramaglia are we looking at two motions? Staff no. Mr. Briggs we have heard from lot owners practically all the way down the street I would say that 90% were for business, and if they all came to us next week and asked for rezonings werwould have to consider rezoning their lots. Mr. Briggs moved to lift the restrictions from ordinance 79-1-0(A) which rezoned lots 12-19. block 2 and lots 9-16. block 3. Allman Addition from R-1 to business Seconded by Mrs. Walser. Mr. Ball we have heard from a lot of the people and the) are all for the rezoning, all we are doing is making the property uniform with the other business property in the Borough, we are giving them the same opportunity as any other person would have if they owned business zoned property. Motion PASSED by unanimous roll call vote. B. SUBDIVISIONS 1. S-81-007. (preliminary) Tract "H", USS 1396, 6.735 acres, a subdivision of a portion of unsubdivided USS 1396 into one 6.735 acre tract bounded on the south by block 1 of Russell Estates and block 2 of Alderwood, on the northwest by southerly right-of-way of Selief Lane and on the northeast by an unsub- divided portion of USS 1396. (Lenhart Grothe) STAFF REPORT: Mr. Walton presented the staff report from the Engineering Depart- ment dated April 8, 1981 which mentioned some deficiencies. Tonight you received another memorandum dated April 14, 1981 which states that a revised plat has been received. A letter from Herman Beukers dated April 8 states that he has discusses the extension of Lilly Way to Selief Lane with Mr. Grothe. Mr. Crowe recommends final approval with the following conditions: 1. monumentation of all corners and curve points with appropriate designation to be shown on final plat, 2. change block 2, Russell Estates to Block 1, 3. show location of existing underground utilities in Selief Lane, 4. designate Lilly Way on the plat and 5. surveyors signature and stamp to be affixed prior to submittal of plat for recording. We received a letter of objection from Dr. David Colwell. Mr. Ramaglia how many notices were sent out? Mrs. Jones 46. Mr. Ball we will ask Mr. Grothe when we get to the public hearings about the drainage problem and if it has been solved. Mrs. Walser is this a final or preliminary? Mrs. Jones final. Mr. Ball Mr. Walton could you please explain the difference between final and preliminary approval. Mr. Walton a preliminary plat is the first stage of subdivision approval. The preliminary plat is submitted to a host of concerned agencies, such as KEA, the phone company, and the City, for review and comments prior to Planning and Zoning Commission consideration. Any problems with a plat are supposed to be resolved at the preliminary stage. A final plat is the last stage of approval and should be a formality if the preliminary has been handled correctly. If a subdivision has less than three lots the final plat step can be skipped. Mr. Ball can this one go for final? KIBS225205 Mr. Walton yes, with the stipulations suggested by the Borough Engineer. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting Page 6 Mr. Ramaglia I have a question in regard to the filling in of the lake. Is this al a —ke ? Mr. Ball I believe this question will be answered during the public hearing. Mr. Ball declared a 5 minute recess at 9:05 p.m. the meeting was called back to order at 9:10 p.m. Mr. Ball closed the regular meeting and opened the public hearing. Jim Brown 1519 Larch street, I am the manager of Capas Enterprises, owner of lots '-- 10B and 11A adjacent to that. Concern for the quality of the lake, when in fact these are lakes that got their name from this horseshoe. Lots of people and child ren use this lake for recreation purposes. The lake was drained when Elderberry Heights Subdivision went in, there was a culvert put under the road. Mr. Grothe would like to purchase a portion of lot 10B. Would like to see something done to save Horseshoe Lake. Discussion on ownership of the lake, who can use it and who is presently using it. Jim Brown I have a river running year round under my duplex. Mr. Ball isn't there a culvert that runs from the lake under the road? Jim Brown no it drains into the lake. Culvert is under Selief Lane. If the Lake is filled it may cause a drainage problem. Mr. Briggs who do you represent? Mr. Brown Mr. Capas. Mr. Briggs he is the own who built the building before he got the land. Mr. Ball this is off the subject. Dr. Colwell owner of lot 9. Done a lot of homework on this subject. I can guarantee you that there is not state or federal jurisdiction over that water. 1'1 Main concern is that the Lake is being filled. Can not have the filling of the lake stopped. I have come here to see if there was anything you could do to stop the filling of the lake. Mr. Ball you say it is part of your property? Dr. Colwell no it is adjacent to my property, my lot line ends right at the water- line. Discussion between the Commission and Dr. Colwell on the original drainage of the lake. Mr. Briggs is this lake a watershed lake or a spring fed lake? Dr. Colwell I really do not know that, you can see water seeping in from Larch Street. Not a very deep lake. Probably 6 feet deep. It has lots of lilly pads on it. Mr. Ball what is your main reason for objecting? Dr. Colwell I would like to have a lake behind my house as much as he would like to fill it. Mr. Ball seepage under the houses. That is a problem of the homeowners and should have been taken care of before the houses were built. Dr. Colwell where will the water go? Are you going to make a river for it or what? Mr. Ball is there anyone else that is against this? Mr. Grothe the reason for the subdivision is the land is sold to a Church. And before a piece of land of this size can be sold it has to be subdivided. The Lake will remain as it is except for a little more filling and possibly a few more feet will be taken out. Mr. Ball people buying the land will be responsible for the lake? KIBS225206 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting Page 7 Mr. Grothe I do not think that the people are going to do anything with the lake. Dr. Colwell can you write that into the motion? Mr. Ball no we can not. Mr. Grothe the history of the lake is the divide in the drainage falls under lots 1, 2, 4, 5, or 6. That is the divde for Lilly Lake and Horseshoe Lake. Over the years the level of Lilly Lake has been raised to accomodate the airplanes. To get Lilly Lake to raise, the City had to dig a ditch from the Beaver ponds down and forced the water to back up. The reason Horseshoe Lake has been drained down is because when I built Selief Lane it was demanded by the City that I put in a culvert. There are no plans to fill any further. Dr. Colwell why did you sell Capas' land? Mr. Grothe Capas was having problems. Sold land to give him the square footage he needed. Mr. Ball you are selling the property as is, you have nothing to do with the filling of the lake. Mr. Grothe that is correct. Mr. Ramaglia would you consider filling the lake as a feasible thing to do? Mr. Grothe if they fill the lake there would be no access the lake will not be filled. Mr. Ball I do not think anyone can. But I can not..guarante Dr. Colwell are you telling me that there is no way for the Commission to put into a motion that the lake or any lake can not be filled. Mr. Ball you can direct the question to Mr. Walton. Mr. Walton the State regulations that allow the Borough to do zoning for the Borough and City say that they can limit and restrict land use, building location, building use, height and size, number of stories and it goes on and on. Page 77, Title 29. Woman in the audience spoke up about not having enough recreation areas in the residential area. Mr. Ball I agree with you. Mr. Walton presently our Comprehensive Land Use Plan does not address public and open spaces. As you also know the Planning Commission is in the process of updating the plan. Mr. Grothe I have never restricted anyone from using the lakes. Dr. Colwell can it have restrictions? Mr. Ball no, according to the planner. Dr. Colwell would like to preserve the lake. r Mr. Walton the logical solution would be an agreement between Mr. Grothe and the purchaser of the lot, that would be a deed restriction, which could say I sell you this lot but you may not fill the lake. Mr. Ball closed the public hearing and reopened the regular meeting. Mr. Ramaglia it might be easy to deal with the Church about not filling in the lake as the Church owners may wish to have a lake to help make the area around the Church look nicer. Mr. Ball Mr. Grothe and the purchaser have to do that we can not get involved in i KIBS225207 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15„ 1981, regular meeting Page 8 Mr. Ramaglia moved to grant final approval to the subdivision of Tract "H", USS 1396 6.735 acres, a subdivision of a portion of unsubdivided USS 1396 into one 6.735 acre tract bounded on the south by block 1 of Russell Estates and block 2 of Alderwood on the northwest the southerly right-of-way of Selief Lane, and on the northwest by an unsubdivided oortion of USS 1396 with the followinq ation to oe snown F] C. OTHER ino. S and curve points with ap ange block 2, Russell Es round utilities in Selie ors signature and stamp affixed 1. 0-81-008. A request for renewal of a lease to Timberline, Inc. ADL 44355, 15 acre parcel. (Lenhart Grothe) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare by the Planning Department. We received a letter of objection from Nancy and William Missal. Staff recommends sale fo the property. Mr. Ball closed the regular meeting and opened the public hearing. Ann Prongay-Evans I live at lot 6, block 2, Island Vista Subdivision. I live direc ly across the meadow that separates us from the Sawmill. I object to the lease because Reed has gone through and expanded more than he was supposed to. We are seeing a lot of the overburden he dumps over and it is a real eyesore. I would like to see it go for sale. Mr. Gudenau did you realize that Reed could buy it if it went to public auction? Mr. Ball how much of the leased area have they developed? Mr. Ebell approximately 7 acres. Mr. Ball how much do you have under lease? Mr. Ebel 15 acres. Mr. Hodgins they have gone over to the next lot in clear cutting. Discussion on the boundary of the lease Ann Prongay-Evans would like to see provisions put in the lease that if Timberline cuts anymore trees they will be automatically shut down. Cathy Cordry-Knoke live in the lot closest to Timberline. I do not object to the lease of the mill but there should be certain stipulations put on the lease such as no more trees to be cut down, fence put around, the planer should be muffled for noise. Mr. Ball enlargement of the facility that is there, possibly under the grandfather clause? Mr. Hodgins planer was installed after June 5th so it is not grandfathered. Discussion on the use of the planer and the use of the land. Cathy Cordry-Knoke I would not object to the planer if the noise was muffled. I do not feel the land should go up for public sale yet, there should be plenty of notice. Mr. Ball would you rather see private parties own the land or the Borough? Cathy Cordry-Knoke I would like to see private ownership of the land but I would like to see stipuations put into the sale. Ann Prongay-Evans what would the zoning be? KIBS225208 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting PAGE 9 Mr. Walton it could stay conservation or some other zoning category could be proposed. Discussion on the use of the land if it went for public sale. What use could be used? The sawmill could stay but he could not expand. Dan Ogg resident of Island Vista Subdivision. How does the grandfathering rights apply to government land that has been leased? Mr. Walton it is the use of the land which is the question on grandfather rights, not ownership. Discussion on the time limit on a lease and when does it go back to the original zoning. Mr. Gudenau six months, isn't it then back to original zoning. Mr. Walton "Grandfather rights" cease if not used for 90 days.. Mr. Ball I believe what he is saying is that the Borough granted an extension unt� something is done. Dan Ogg this is the first time I have heard anything about a sale on this propert I am opposed to the sale until a Comprehensive Plan is prepared or updated. Not to turn this area into commercial area or industrial area. Not opposed to the continuation of the sawmill, as it is an asset to the community. If the lease was broken would you release the land to them? This is public land and it belong! to all the citizens of the Island and everyone should benefit from this land. The lease that was written up was to protect the citizens and their assets. Are you going to use the same lease agreement? Mr. Ball we have not discussed this. At times we are lax in the way we handle different items. In this case we were lax in not reviewing the lease itself when we took this under consideration at our work session. Dan Ogg is the new lease going to be renewable? Mr. Ball we have not discussed the lease. We will not be able to answer any questions on what the new lease will be. We would like to take recommendations for the lease. Dan Ogg will we have an opportunity to come back and look at the lease before you pass it on? Mr. Briggs we have not even decided whether we are going to recommend sale or a lease. Discussion on recommendations for the new lease. Dan Ogg there are certain sections of the lease, if you use the same one, section 7 clarification 3rd sentence - eliminate associated facilities. My main reason fc doing that is because of the planer. It would be a noise factor I would really be concerned with. Mr. Gudenau do other ordinances define noise levels? Mr. Walton yes, they do. Dan Ogg recommendations: r 1. 5 year lease that is not renewable; 2. fence property at 100' buffer area; I�BS225209 3. present operations to stay as they are, no planer, and 4. no more trees be cut on the 15 acres. What happened to the trees that were cut under the lease agreement? Were they supposed to be for the benefit of the citizens and taxpayers? If so, where is my money? Mr. Ball those questions should be looked into. Mr. Ebell attorney at law. Are you going to sell or lease the land? We requeste( a lease, the lease was restricted to the property to get out of all of the problet such as bufferzones. Last week I passed out a new map prepared by Mr. Roy Ecklun� There is a rough sketch of the property presently used by the mill. The lease did provide for a 100 foot buffer zone, we attended a work session with the KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting PAGE 10 Borough Assembly and went over the alleged violations. There has been clearing it the 100 foot zone. BLM owns the land adjacent to the property. Timberline is negotiating with BLM to obtain the land that has been encroached on so that it wil be legal. Mr. Ball you say you have encroached in the 100 foot buffer zone? Mr. Ebell yes, that is correct but at the work session there was an offer made to reimburse the Borough for the trees, but that offer was not taken up on. Comment from Dan Ogg in the audience but could not understand the question. Discussion on why Timberline would like to get the land they are encroaching on. Mr. Ball what are the restrictions you want on this land? Mr. Ebel] none. Mr. Ball in other words you want to lease 7 acres without any buffer zones? Mr. Ebell have the borough make the buffer zone. Discussion between Mr. Ebell and the audience as to whether or not you can see the sawmill from other property surrounding the area. Mr. Ebell our objective is to continue the use of the mill, it makes no difference to us if it is through a lease of public sale. Mr. Ramaglia you would like to lease or buy 7 acres or subdivide the area into a Tract? Mr. Ebell to my knowledge there are no plans to subdivide the land. I would like the 15 acres which would be sold as conservation. Mr. Briggs in conservation it must be 5 acre parcels. Mr. Ebel] I do not think this area is very subdividable as the back portion is ver, r— steep. Dan Ogg the Borough provided the 100 foot buffer in the original lease. Let Timberline do the buffer. Mr. Ebel] if you want to put in the 100 foot buffer you can. It would be no problem. Discussion between the Commission on the buffer zone. Mr. Ramaglia in regards to a sale would you be more comfortable with an out cry auction or development plan? Mr. Ebell we would like an out cry auction but it does not really matter. You may wish to require a development plan even for an out cry auction. Mr. Ball closed the public hearing and reopened the regular meeting. Mr. Ball I would like to ask one question, we have talked about selling the land there are two separate issues right there. Mr. Walton you can make either recommendation tonight. '— Mr. Ball the questions are to renew or not to renew the lease, or sell the land. Mr. Walton yes, that is right. Mr. Briggs what is the land zoned? All conservation. Mr. Briggs how many violations? Mr. Hodgins approximately 6. KIBS225210 Mr. Briggs moved to recommend renewal of a lease to Timberline, Inc. ADL 44355, 15 acre parcel or a period ot 5 years with a definite end and then the land would KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting PAGE 11 Mr. Hill moved to table a request for renewal of a lease to Timberline Inc. ADL 44355, 15 acre parcle. Seconded by Mr. Gudenau. Motion PASSED with a 5-1 vote. VI. OLD BUSINESS A. ZONING - None B. SUBDIVISIONS 1. S-81-003. (final) subdivision of lot 1, block 5, Bells Flats Alaska Subdivisio USS 2539, into four lots: lots IA, 1B, 1C and 1D, block 5, Bells Flats Alaska Subdivision, USS 2539. (Douglas Hall) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare by the Engineering Department. Mr. Hill moved to grant final approval to the subdivision of lot 1 block 5 Bells Flats Alaska Subdivision, USS 2539, into four lots: lots 1A, 1B, 1C and 1D, block 5, Bells Flats Alaska Subdivision. USS 2539. Seconded by Mrs. Walser. Mntinn 2. S-81-006. (final) vacation of lots 16A, 16B, and 16C, USS 3098 and replat to lots 16A-1, 16B-1 and 16C-1, USS 3098. (Bill Burke) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepare by the Engineering Department. Mr. Hill moved to grant final approval to the vacation of lots 16A. 16B and 16C. 16A-1, 16B-1 an unanimous roll C. OTHER - None VII. NEW BUSINESS A. ZONING - None B. SUBDIVISIONS - None C. OTHER - None VIII. INFORMATION AND REPORTS A. Communications 1. Work session schedule (revised) - no action needed 2. Planning and Zoning Commission work program 1980-1981 - no action needed. B. Reports 1. Chairman's Report - none 2. Committee Report - none 3. Staff Report a. Borough Manager - none b. City Manager - none c. Planning Department - Mr. Walton, reminder that the Borough Assembly work session is scheduled for April 25, 1981. At your last work session Mr. Larry LeDoux approached you about the possiblity of rezoning his lot on Mozart Circle from rural residential to R-2 for the purpose of putting in a basement apartment in his home sometime in the future. It was suggested that the Planning and Zoning Commission might be interested in initiating a zoning change for the surrounding area. KIBS225211 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES April 15, 1981, regular meeting PAGE 12 Mr. Walton pointed out the area in question. Mr. Gudenau this rural residential area has a "0 lot line concept". Staff it was block one, not this area. Mr. Hill we may have to move this over to exclude the Church property. Discussion on zoning. Mr. Hill moved to initate the rezoning of Elderberr Heights Subdivision First Addition, block 2; and the III :,III 11, ed portion of USS 1396 south and east of Selief Lane; in sections 28 and 29, T27S, R19W, SM, from rural residential to R-2 excluding the 6.735 acre Tract "% in USS 1396 Seconded b Mr Gudenau motion PASSED b unanimous roll call vote. d. Engineering Department - none e. Other - none IX. COMMISSIONER'S COMMENTS Mr. Hill suggested study and evaluation of the Borough owned cove near the Three sister's Mountains for possible use as a boat launching facility. Mr. Gudenau - nothing Mr. Briggs - nothing Mrs. Walser - nothing Mr. Ramaglia - told about the trip to Kenai courtesy of ARCO, got to visit an oil platform. X. AUDIENCE COMMENTS - none XI. ADJOURNMENT - Mr. Ball adjourned the meeting at 10:50 p.m. ATTEST: P a i ng Se�r etary DATE APPROVED May 20192 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Pl annng and Zoning Commission Chairman KIBS225212