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ISLAND LAKE BK 2 LT 7A - Comp Plan Map AmendmentDATE RECEIVED 576/490 MEETING DATE 69//elpo APPLICATION L---' CASE CHECK LIST LETTER FROM APPLICANT IF NEEDED PUBLIC HEARING NOTICES SENT LETTER TO APPLICANT(TELLING OF PUBLIC HEARING DATE) PLAT IF REQUIRED PLOT PLAN IF REQUIRED DENIED APPROVED LETTER TO APPLICANT TELL WHETHER DENIED OR APPROVED TO BOROUGH ASSEMBLY (IF REQUIRED) ACTION TAKEN BY P & Z COMMISSION ACTION TAKEN BY THE BOROUGH ASSEMBLY RESOLUTION NO. (P & Z) RESOLUTION NO. (BOROUGH ASSEMBLY) ORDINANCE-.NO. (BOROUGH ASSEMBLY) Is KODIAK ISLAND BOROUGH ORDINANCE NO. 80 -42 -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING THE COMPREHENSIVE LAND USE PLAN FROM MEDIUM DENSITY RESIDENTIAL TO BUSINESS. (SCOTT ARNDT) BE IT ORDAINED by the Kodiak Island Borough Assembly that: SECTION 1. The Kodiak Island Borough Comprehensive Land Use Plan Classification effecting lots 7 through 18 (inclusive), block 2, USS 3219 are hereby reclassified from medium density residential to business. PASSED AND APPROVED this 4th day of September , 1980. KODIAK ISLAND BOROUGH By Borough Mayor ATTEST'` \;O? j)By v /ht/ I11I To-rough. ►i erk • 1111 \\ / )'l FIRST READING: August 7, 1980 SECOND READING, PUBLIC HEARING, ADOPTION DATE: September 4, 1980 EFFECTIVE DATE: September 4, 1980 REQUESTED,BY: Mr. Scott Arndt PREPARED BY: Planning Department RECOMMENDATION: The Planning and Znning Commission recommends approval of this Ordinance. kODIAK ISLAND BOROUGH • Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 .MEMORANDUM DATE: September 16, 1980 TO: Honorable Mayor and Borough Assembly Kodiak Island Borough . Planning and Zoning Commission ' Case Z-80-020. A request to rezone Lots 7-18, Block 2, USS 3219 from Rural-Residential to Business (Scott Arndt) FROM: SUBJ: The Kodiak Island Borough Planning and Zoning Commission originally held a public hearing on the above referenced case during its regular meeting of June 18, 1980. After considering public comments during that meeting, motion was made and unanimously passed by the Commission to reschedule the request to rezone the above referenced property and the amendment to the Comprehensive Land Use Plan in accordance With the rezoning request to the July meeting, and to hold a work session with Mr. Arndt prior to that meeting. The Commission met with Mr. Arndt during the work session of July 9, 1980. During that work session the issue of contract zoning was addressed, • and resulting therefrom a list of agreeable wanted and unwanted uses was developed. This list is enclosed for your information. At the regular Planning and Zoning Commission meeting of July 16, 1980, the above referenced case was again addressed under Old Business. During that meeting the Commission moved to approve the request to rezone with the restrictions of not building or using the property for any of the unwanted uses provided in the list developed at the work-session of July 9, 1980. That motion passed by a 4-1 roll call vote; Mr. Pugh, Mr. Erwin, Mr, Perez, and Mr. Ball voting in favor of the rezoning and Mrs. Crowe .voting against the request. The following is a list of reasons the respective Commissioners voted in favor of this petition: 1. No public sewer system in the area and none in the foreseeable future, therfore, land is not developable as residential. 2. Not considered spot zoning due to adjacent business property. 3. Types of business considered would not be detrimental to the • neighborhood. Honorable Mayor and Borough Assembly. September16, 1980 Page 2 Mrs. Crowe's stated reasoning for voting against this petition is as follows: 1. Already enough business zoning in the area to currently establish a neighborhood business. Should the Mayor or Borough Assembly have any further questions regarding the Planning and Zoning Commission's action on this case, please feel free to ask. Commission members will be available for comment at the Assembly's special meeting of September 20, 1980, to answer any concerns. Respectfully submitted, \adhn Pugh, Chairman Kodiak Island Borough Planning and Zoning Commission Attachments: P & Z Minutes of June 18, 1980 (excerpt) P & Z Minutes of July 16, 1980 (excerpt) July 9, 1980 list of wanted and unwanted uses LKG r KODIAK ISLAND BOROUGH PLANNING Ai Regular sleeting, June 18, 1980 Page 3 AND D ZON' G COMMISSION MI!IUTES 1 Z-80-020. A request to rezone lots 7 -18, block 2, USS 3219 from;_ `rural residential to business. (Scott Arndt) • STAFF REPORT: Mr. Pugh. presented the staff report based on a memorandum prepared by the Planning Department. Mr. Pugh closed the regular meeting and opened public hearing. 1 Mr. Duncan Hunter stated that he supports tlr. Arndt for his industriousness but disagrees with the staff report. Over the years, Planning and Zoning has assured him there are regulations which would require Mr. Don Arndt to clean up the mess behind his house. This had not taken place and the new ordinance passed by! the Borough Assembly now essentially sanctioned the mess. sir. Hunter further stated he is against the expansion of industry 4 in the neighborhood. 1r. Dave Pistorese questioned whether the statement was made t that sewer would be through to this area in 1983. Mr. Pugh answered that 1983 would be the earliest sewer service would be available. He feels that property is locked in and not usable now and this might create additional problems. Mr. Pistorese stated that he has a problem with the general term business and would like to know more concretely what is planned for the lot.. He is not against the principle of rezoning to business, just the general open term. Mr. Pugh read four responses to the notice of public hearing into the record. Ofelt - Against Tsopanoglou - Against A. Jensen - Against L. Jensen - Against Mrs. Lorna Arndt spoke in favor of the request. She owns the land surrounding the property in question on two sides. She cited.examples of business uses already in the area, i.e. storage of fishing gear, parking of dump trucks and other b, vehicles. She feels there, would be fewer problems with parking and the road if the area was zoned for business than if there was individual housing on each of the 12 lots. ?1r. Scott Arndt spoke in favor of the request. Until 3 -4 weeks ago, he thought this area would indeed have sewer service available by 1983, but now he feels that the EPA will kill this program. EPA will not fund projects that incorporate over 150% of the existing population in an area. Mr. Arndt doesn't feel this project will go through without EPA funds and even if it did, user rates would be phenomenal. Under these terms, Mr. Arndt can't see anything to do with this property for 5 -10 years. He could get permits for septic tanks, but with these lots being the lowest in the area there are drainage problems. He feels there is a traffic problem in the area resulting rom businesses already rezoned in that area. He is proposing ow traffic businesses, i.e. his own construction company, other construction companies, cabinet shop. He agrees business is a broad word, but plans to develop the area in an organized manner. Mr. Pugh asked what the timetable for development was. Hr. Arndt stated that he was looking at developing his business this fall, but the total development of all 12 lots would be a minimum of 5 years. _ ` -'. � �~ ���.'� '. : - '.`' `` .• ' •�� .� ' KOMIxK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting, June 18' 1980 Page 4 , Mr. rvoh pointed out that business allows a wide range of uses and asked if Mr. Arndt would be willing to go for contract zonir ^ Mr. Arndt stated he was not agreeable, to contract zoning becuuu his intended use fits Under theallore'd use for business zoning. He can say that there will be no mobile hone park or auto repair Discussion between Commission and-H~. Arndt. Mr. Arndt stated for the record that' i hrs he hadn't come in at all but had gone ahead with hlo,p�ons and it would all ■ be legal npW under the ordinance passed grandfathering violation Ur. Pistorese-wants to see a definite, plan for the area, so as t avoid the typical Kodiak junkyard. Mr. Arndt that a concrete plan would be ideal, but feels that is virtually impossible. He wants to leave the allowed ; uses broad enough without having to lie. He is willing to discuss contract zoning but he wants to have some flexibility and not be too restricted. nr. 'Pugh closed the public hearing and reopened ds�m�ulor ^ meeting-. Discussion among Commissioners. [ Ur. Ball moved to reschedule a request to-amend the [onvrehens iv Land Use Plan from medium density residential to business on lots 7 '18. block z , USS 3219 and a request to rezone lots 7 - lO Nock 2, USS 3219 from rural residential to business to the Jv meeting with a work session with Mr. Arndt before the July meeting. Seconded », Mr. Perez. Motion-PASSED by unanimous roll call vote-. ^ • 4. ` . Proposed street name clarification requested by � r�^nniny �nd ZoninO �omuission. (Planning and Zoning Commission rr. Pugh summarized the Comnittee's recommendations. feels it will-beriefit not only the utility companies but will aid in the next petition to the Postal Service for home delivery. Hr. Pugh closed the regular meeting and opened public hearing with the request that statements he confined to general opinions with no questions on specific names as.this is a preliminary report. ,Mrs. Carol Lechner suggested Selig as name and expressed the desire that it. be used within the City. She also feels there is a problem with Purtoff, Petroff and other names sounding the same as far as creating confusion in emergencies. Mr. Jack Bunting stated that he felt there was a problem with no getting fair service at the Post Office. • Mr. Pugh closed the public hearing and reopened the regular meet Mr. Pugh suggested Powell as a name and that at a work session the committee come up with a map .showing proposed names and post this in the Post Office and the Kodiak. Island Borough and City offices. - , Discussion among Comnissiuners. Mrs. CrOwe moved to' `|, the urmosedstrpp+ name clarification renuested bv the and Zoning Commission until the Auaust G • KODIAK ISLAND BOROUGH PLANNING AND ZONING COMLMISSION MINUTES Regular Meeting, July 16, 1980 Page 8 zoning. with the following eight restrictions; 1) bars, 2) trailer court, 3) theater, 41_8 artment complex 5 shosoin+ center 6 7) restaurants, and 8) auto repair shop, from residential to . business. Seconded y Mr. Erwin. Motion PASSED with a 4 -1 vote. Mr. Pugh, Mr. Erwin, Mr. Perez and Mr. Ball voted ves; Mrs. Crowe voted no. Mr. Erwin made a motion to.recornnend to the Borough Assembly to amend the Comprehensive Land Use Plan from medium density residential to business on lots 43 -53, block 12, Aleutian Homes Subdivision. Seconded by Mr. Perez. Motion PASSED with a 4 -1 roll call vote. - Mr. Pugh, Hr. Erwin, Mr. Perez and Mr. Ball voted ves; Mrs. Crowe voted no. .•A request to rezone lots 7 -18, block 2, USS 3219 from rural residential to business. (Scott Arndt) AND Z -80 -021. A request for an amendment to the Comprehensive Land Use Plan from medium density residential to business on lots 7 -18, block 2, USS 3219. (Scott Arndt) Mr: Pugh read the memorandum regarding the work session held on July 9, 1980 and the list of proposed uses not wanted and the proposed uses and buildings desired. • ' f1r. Erwin moved to remove cases Z -80 -020 and Z -80 -021 from the table for discussion. Seconded by Mr. Perez. Motion PASSED by unanimous roll call vote. Mrs. Crowe feels Mr. Arndt has gone out of his way to be above board on this issue, but she still feels the Commission would be doing that area a disservice to rezone to business. Mr. Ervin moved to aonrove the request to rezone lots 7 -18, block 2, USS 3219 from rural residential to business with the restrictions listed by .1r. Arndt, not to build 1) mobile home parks, 2) liquor store, 3) bers ,4) churches, 5) crab pot storase, 6) junk yard, 7) gamblinc hall, private clubs or lodges, 9) automobile repair shop, 10 apartment buildings, 11) theater, and 12) bowlin a�a lley. Seconded by 'ir, Perez. Motion passed by a 4 -1 roll call vote. Mr. Pugh, ;1r. Erwin, Mr. Perez and ;lr. Ball voted yes; Mrs. Crowe voted no.- Mr. Perez moved to grant a request for an amendment to the Com- prehensive Land Use Plan from medium density residential to business on lots 1 -18, block 2, USS 3219. Seconded by Mr. Erwin. Motion PASSED by a 4 -1 vote. Mr. Pugh, Mr. Erwin, Mr. Perez and ;1r. Ball voted yes; Mrs. Crowe voted no. 3,--S-80-003: A request to vacate lots 14A, 148, 14C, and 14D, block 7, Bells Flats Alaska Subdivision and replat to five lots (14A -1, 14C -1, 140 -1, 14D -2, 140 -3) varying from approximately 0.95 acre to 2.74 acres each. (Jeffrey R. Povelite) STAFF REPORT; Mr. Pugh presented the staff report based on a memorandum prepared by the Engineering Department. Discussion among Commissioners. o • Mrs. Crowe moved to grant approval to the vacation of lots 14A, 148, 14C, and 140 block 7, Bells Flats Alaska Subdivision and reolat to five lots (14A -1, 14C -1, 14D -1, 14D -2, 14D -3) varying from approximately 0.95 acre to 2.74 acres each with the stipulation that the nlat not be recorded until the imorovements are completed in accordance with chaoter 16.24 of the Kodiak Is1..nd Borough Code of Ordinances as amended by Ordinance 80 -25 -0 dated July 2, 1987. Seconded by Mr. Perez. Notion PASSED by unanimous roll call vote. P & Z Work Session - July 9, 1980 A request to rezone lots 7-18, block 2, USS 3219 from rural residential to business. (Scott Arndt) USES NOT WANTED 1. Mobile Home Parks 2. Liquor store 3. Bars 4. Churches 5. Crab Pot Storage 6. Junk Yard 7. Gambling Hall 8. Private Clubs or lodges 9. Automobile repair shop 10. Apartment buildings II. Theater 12. Bowling Alley PURPOSED USES AND BUILDINGS 1. Basicly retail businesses 2. Warehouses KODIAK ISLAND BOROUGH MEMORANDUM DATE: September 16, 1980 TO: FROM: Jacques Beck, Planner SUBJ: Murray Snyder, Borough Manager Projections for Sewer and Water to Service District #1 On Monday, September 15, 1980, I was visited in my office by a Mr. Roger Allington who is a consultant with Kramer, Chin & Mayo. During the course of this meeting I asked Mr. Allington some pointed questions concerning the Island Lake area. The following is a synopsis of his opinions: POSSIBLE DATES: Start Plan Design - Fall 1980 Start Construction - Fall 1981 Complete Construction - Fall 1982 PROBABLE DATES: Start Plan Design - Spring 1981 Start Construction - Spring 1982 Complete Construction - Fall 1983 Mr. Allington can be contacted at the following address: Roger Allington. Kramer, Chin & Mayo 124 W. 5th Juneau, Alaska 99801 (907) 586-6400 O KIB PDEMBLY MINUTES - Sept. 5, 1980 PAGE 6 (cont. from Sept. 4, 1980) 0 0 Mayor Ogg cal cbothe meeting back to order at 6:30 PM. U D. Ord. No. 80 -26 -0 Suspending Personal Property Taxes Levied By The KIB Within The Boundaries Of The City of Kodiak, Conditioned Upon Other Payments From The City of Kodiak (Tabled W /S) Mr. Wakefield moved to remove from the table Ordinance No. 80 -26 -0. Seconded by Mr. Anderson. Unanimous voice vote. Mr. Peotter moved to table for further study. Seconded by Mr. Herrnsteen. Motion carried 5 -1 with Mr. Wakefield casting the NO vote. IX MANAGERS REPORT 1. Suggested Appointment of Executive Committee of OCS Advisory Council to Dual Role as CZM Advisory Council Work Session on Sept. 20 and Special Meeting at noon. 2. Report on Classification of Public Interest Lands Assembly Chambers 1:00 PM, Sept. 16. 3. Report. on Port Lions Harbor Development The Corp of Engineers has gone ahead and started advertising (Sept. 2) for contractors to bid on the construction of the breakwater. Expected to be constructed this next spring. 4. Alaska Pacific Seafoods, Inc. Request for Adjustment of 1979 Tax (late charge Mr. Peotter moved that the Manager be directed to reiterate the State Statutes to Alaska Pacific Seafoods in regard to request on the tax penalty. Seconded by Mr. Anderson. Unanimous voice vote. 5. Appointment of Representative to Kodiak State Parks Advisory Council Mr. Hansen moved that Mr. Peotters name be submitted. Seconded by Mr. Herrnsteen. Unanimous voice vote. Mr. Selby moved to endorse the letter to be written by the Mayor that indicates that we do have a concern and do not want them infringing on the planning powers of the Borough and that we do feel that there is some lack of clarity in the statement about a "Master Plan" which hadn't surfaced before. Seconded by Mr. Wakefield. Motion carried 5 -1 with Mr. Peotter casting the NO vote. 6. ICMA Annual Conference - Sept. 28 - Oct. 2, 1980 Present choice for designation of Acting Manager to the Assembly at the Work Session on Sept. 20. The resolution will be on the Special at noon. 7. r.- Peotteromovednthat tlie:Chaii rmao.of=P,� &._Z,be directed o get,,a - ettT e' ofZfrnd ,ngs :o �thet•Arnd,tInthi.ngsibeforea the;BorougrAs es mb.ly co Sept. 20, econdednby t' 1cc ecAnderson :�Unanimous=voicezvotel The Mayor asked that the Manager have the Attorney give an explanation on what direction he feels best to go on this issue. Also, Ordinance No. 80 -41 -0 will be on the Special Meeting. 3. Purchase of Generator from City of Ouzinkie by KIBSD (Info) This will be used as a standby generator. 9. Bids submitted for the clearing of Sawmill Circle and Lakeview Drive a. Timberline - $40 per M for #2 saw logs and above with stipulation . for time extension if ground conditions do not allow work without causing harm to soil conditions. KIB ASSEMBLY MINUTES - Sept. 4, 1980 PAGE 3 Vicki Leslie: for both Ordinances. The Chair ruled that these items shall stay at the Public Hearing and remove it later in the meeting. Public Hearing closed: Regular session opened: Mr. Anderson moved to amend Ordinance No. 80 -38 -0 to read lot 8,.USS. 3098 as described•in the-deed:. Seconded:by_Mr..Herrnsteen.' Unanimous voice vote. Motion as amended carried by unanimous voice vote. Mr. Selby moved to adopt Ordinance No. 80 -37 -0. Seconded by Mr. Wakefield. Mr. Anderson moved to amend Ordinance No. 80 -37 -0 the same as Ordinance No. 80 -38 -0 was amended. Seconded by Mr. Selby. Unanimous voice vote. Motion as amended carried by unanimous voice vote. 0.1.„,.0.rd. <:No -80- 39-0 - Request to Rezone Lots 43 -53, Blk 12, Aleutian Homes Subd., From Residential to Business (Kevin Arndt & Rodney Kiefer) ,--,Ord7-No 780= 40=0=Request to Amend the Comprehensive Land Use Plan 'From Medium Density Residential to Business (Kevin Arndt & Rodney Kiefer) Mr. Hansen moved to adopt Ordinance No. 80 -40 -0. Seconded by Mr. Anderson. Public Hearing taken on Ord. No. 30 -40 -0 & Ord. .No. 80 -39 -0 at the same time. Regular session closed: Public Hearing opened: No Comments. Public Hearing closed: Regular session opened: Mr. Peotter moved to table Ordinance No. 80 -40 -0 iuntil=P & 7 has the. justification.. Seconded.by Mr.;Anderson... Unanimous voice vote. Mr. Hansen moved to adopt Ordinance No. 80 -39 -0. Seconded by Mr. Peotter. • Mr. Hansen moved to table Ordinance No. 80 -39 -0. Seconded by Mr. Peotter. Unanimous voice vote. Ordinances 80=40=0 &;80-3910 wi 11 go back to P, &a Z P,ub1 c Rearm wi` 1 e. hel dt,on, Ord:: N4 : 80739 0�• at the Octob'er meets nO G. ,Ord7No`.80- 42-0— Rdquest to Amend the Comprehensive Land Use Plan From Medium_Density Residential to Business on Lots 7 -18, Blk 2, USS 3219 (Scott Arndt) Mr. Peotter moved to adopt Ordinance No. 80 -42 -0. Seconded by Mr. Hansen. Regular session closed: Public Hearing opened: Cindy Pistorese: objected; when you take an area from residential to business you have many more problems to contend with. Bill Tsopanoglou: doesn't mind mini - warehouse.or nice fence; but, not "junky" type. Scott Arndt: owner; for the rezoning. Lorna Arndt: for the rezoning. Public Hearing closed: Regular session opened: KIB ASSEMBLY MINUTES - Sept. 4,-1980 Q PAGE 4 Mayor ead letter from Carolyn M. Brisco stating that she is opposp4 to the zoning change from medium density residential to busintqs1 0 Motion carried 5 -1 with Mr. Herrnsteen casting the NO vote. OrTENo..1.:80-41 :0- Request to Rezone Lots 7 -18, Blk. 2, USS 3219 From Rural Residential to Business (Scott Arndt) Mr. Selby moved to adopt Ordinance No. 80 -41 -0. Seconded by Mr. Hansen. Regular session closed: Public Hearing opened: Scott Arndt: for rezoning. Cindy Pistorese: against rezoning. Public Hearing closed: Regular session opened: Mr. Hansen moved to amend Ordinance No. 80 -41 -0 by deleting Section 2. Seconded by Mr. Anderson. Amendment carried 5 -1 with Mr. Herrnsteen casting the NO vote. Mr7 Peotter- moved -to- tab -le-Ordinance`No:'80=41 -0Tan fthe adm`inis ratio draft• a- contract.. for' consi' deration°=by=tFieAssembly",dt the Special;; hieetina; Sept.: 20:7-Seconded by Mr-"Anderson. "Motionn carried -5-Y with Mr. Wakefield casting the NO vote. H. Resolution•No. 80 -42 -R Placing Ori.The'.Ba11ot At The Next.Regular Election The Question Of Assumption By The Kodiak Island Borough On An Areawide Basis Of The Powers Necessary To Provide Harbors, Wharves And Other Marine Facilities. Mr. Hansen moved to adopt Resolution No. 80 -42 -R. Seconded by Mr. Herrnsteen. Mr. Hansen moved to amend Res. No. 80 -42 -R by deleting‘ the words "On An Areawide Basis" in the title and in Section.l and inserting the words In The Area Outside Of Cities. Seconded by Mr. Anderson. Regular session closed: Public Hearing opened: Alan Beardsley, Mayor of City of Kodiak: City of Kodiak strongly feels that we would like to retain our present position of having the powers. Okey Chandler:, against it. Wilton White, member of City Council: in favor of amendment. Carol Lechner, member of City Council: in favor of amendment. Jeffery Stephan: wants to see the Borough take over powers in the Borough and the City. Ernie Mills, member of City Council: prior to the time I speak on this I want to propose that the amendment be voted on one way or the other prior to the time this Public Hearing is commenced.' That is a "point of order" under Roberts Rules of order. Public Hearing closed: Regular session opened: The amendment carried 5 -1 with Mr. Herrnsteen casting the NO vote. Main motion as amended carried by unanimous roll call vote. c_b KIB ASSEMBLY MINUTES - AUGUST 7, 1980 • PAGE 6 D. -.--,0acisio;-,8 ;4100Request to Amend the Comprehensive Land Use Plan From Medium Density Residential to Business (1st Reading) Mrr,-Peotter-III6-V-ed' 61:adopt Ordinance- No 040-0.1.4Se'conded E. 70f-680-14I--707Request to Rezone Lots 7-18, Bik. 2, USS 3219 'From Rural Residential to Business (Scott Arndt)(lst Reading) 1=tijy. Mr. Wakefield moved to adopt Ordinance No. 80-41-0. Seconded by Mr. Selby. Unanimous voice vote. FATSTO:16:780=-420-Tequest to Amend the Comprehensive Land Use Plan -From Medium Density Residential to Business on Lots 7-18, Blk. 2, USS 3219 (Scott Arndt)(1st Reading) tlt—Jfidigenzmara:toIairif7OrallaWaAcy—W4g=-0. Segondep-Mr. T=U rani 1110,0SZAWit eDLO G. Res. No. 80-35-R Establishing A Deferred Compensation Plan Mr. Peotter moved to adopt Resolution No. 80-35-R. Seconded by Mr. Wakefield. Unanimous voice vote. H. Award of Bid for Culvert - Bells Flats/Russian Creek Subdivision r' • Mr. Wakefield moved to reject both bids received and to allow the Bells Flats group to get together with the manager after they make a decision. Seconded by Mr. Hansen. Unanimous voice vote. • I. Local Service Roads & Trails Program - 3 yrs. Update Mr. Peotter moved to adopt Resolution No. 80-37-R. Seconded by Mr. Selby. Unanimous voice vote., J. Deleted K. Contract for Akhiok Microhydroelectric Feasibility Study Mr. Hansen moved to contract with Jack West Associates for $5,500. Seconded by Mr. Selby. Unanimous roll call vote. L. Contract for Soils/Site Investigation for Akhiok and Kodiak City School Construction Projects Mr. Selby moved to contract with Harding-Lawson Associates for services not to exceed $9,850 for Akhjok School, Secondedsby Mr;J'eotter:. Unanimous roll call vote. 'Mr. Peotter moved to contract with Dowl Engineers for services not to exceed $12,300 for Main Elementary Site. Seconded by Mr. Wakefield. Unanimous roll call vote. Mr. Peotter moved to contract with Dowl Engineers for services not to exceed $7,825 for East Elementary Site. Seconded by Mr. Hansen. Unanimous voice vote. M. Contract for Ouzinkie Electrification Project Mr. Peotter moved that the Ouzinkie Electrification Project be awarded to Northern Electric in the amount of $55,600. Seconded by Mr. Hansen. Unanimous roll call vote. XI MAYORS COMMENTS 1. Req b a e kmfatte, Amayor 4(1 g4sqM TY--YrSep:t4S-ixIf.;:triab1f--Alir-iqratlazaga707§164 si on 2. Visited Larsen Bay KODIAK ISLAND BOROUGH MEMORANDUM DATE: July 22, 1980 TO: Honorable Mayor and Borough Assembly FROM: Planning and Zoning Commission SUBJ': Information Report Z- 80- 021.• A.request to amend the Comprehensive Land Use Plan from medium density residential.to business on lots 7 -18, block 2, USS 3219 During the regular meeting of the Planning and Zoning Commission held on July 16, 1980 the Commission approved the above referenced request. Representatives of the Planning and Zoning Commission and Planning'Department will be available during your August 7, 1980, meeting-to answer any questions you may have regarding this matter. JP /jmj Respectful) submitted, hn R. Pugh Planning and Zoning Commission Chairman KODIAK ISLAND BOROUGH M E M O R A N D U M DATE: July 22, 1980 TO: Honorable Mayor and Borough Assembly FROM: Planning Department-. b through Borough Manager SUBJ: Information Report RE: Z -80 -021. A request to amend the Comprehensive Land Use Plan from.medium density residential to business on Pots 7- 18, :block'2, USS 3219. During the regular meeting of the Planning and Zoning Commission held on July 16, 1980, the Commission approved the above request. Representatives of and Planning Department August.7,'1980, meeting may have regarding this the Planning and Zoning Commission will.be.available' :during your to answer-any qUestions you matter. KODIAK ISLAND BOROUGH MEMORANDUM DATE: July 22, 1980 TO: Honorable Mayor and Borough Assembly FROM: Planning and Zoning Commission SUBJ: Information Report RE : Z-80-020. A request to rezone lots 7-18, block 2, USS 3219 from rural residential to business. During the regular meeting of the Planning and Zoning Commission held on July 16, 1980, the_Commission approved the above referenced property with the following stipulations: USES NOT WANTED PURPOSED USES AND BUILDINGS 1. Mobile home courts 2. Liquor stores 3. Bars 4. Churches 5. Crab Pot Storage 6. Junk yard 7. Gambling Hall 8. Private clubs or lodges 9. Automobile repair shop 10. Apartment buildings 11. Theater \N, 12. Bowling alley 1. Basic y retail businesses 2. Warehouses. Representatives of the Planning and Zoning Commission and Planning Department will be available during your August 7, 1980, meeting to answer any questions you may have regarding this matter. JP/jmj submitted, Respectf ( ohn R. Pugh Planning and Zoning Commission Chairman o qp• K IAK ISLAND 0 OUGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 July 22, 1980 Mr. Scott Arndt Box 489 Kodiak, Alaska 99615 • A Z-80-021. A request to amend the Comprehensive Land Use Plan from medium density residential to business on lots 7-18, block 2, USS 3219. During the regular meeting of the Planning and Zoning Commission held on July 16, 1980, the Commission approved your request to amend the Comprehensive Land Use Plan from medium density residential to business on lots 7-18, block 2, USS 3219. I hope this information is of assistance to you. If you have any questions regarding this matter, please contact the Planning Department at 486-5736. Sincerely, Joanne M. Jones Secretary KODIAK ISLAND BOROUGH MEMO RA i\ibum 'DATE: July 10, 1980 TO: , Planning and Zoning Commission, FROM: Planning Departmentl SUBJ: InfOrmatiodReport - RE: Z-80-021. A request for an amendment to the Comprehensive Land Use Plan from medium density residential to business on lots 7-18, block 2, USS" 3219. (Scott.Ardnt) During your work session held on July 9, 1980 you discussed with Mr. Scott Arndt a proposed contract zoning, enclosed you will find a list of uses wanted and a list of uses not wanted. Also enclosed you will find all the information from the last meeting and all other information needed to make a decision. ' A request to rezone lots 7-18, block 2, USS 3219 from rural residential to business. (Scott Arndt) USES NOT WANTED 1. Mobile Home Parks 2. Liquor store 3. Bars 4. Churches 5. Crab Pot Storage 6. Junk Yard 7. Gambling Hall 8. Private Clubs or lodges 9. Automobile repair shop 10. Apartment buildings 11. Theater 12. Bowling Alley PURPOSED USES AND BUILDINGS 1. Basicly retail businesses 2. Warehouses KODIAK ISLAND BOROUGH Telephones 486 -5736 - 486 -5737 — Box 1246 KODIAK, ALASKA 99615 20 June 1980 :Mr. and Mrs. Scott Arndt ';P ;O. Box 489 ' .Kodiak, Alaska 99615 RE: An amendment to the Comprehensive Land Use Plan from medium density residential to business, lots 7 -18, .block 2, USS 3219. Dear Mr. and Mrs. Arndt, Your amendment request on the above referenced property was rescheduled to the July meeting by the Planning and Zoning Commission during their regular meeting held on June 18, 1980 for the following reasons: 1) pending a work session with the Commission on July 2, 1980 at 7;30 p.m. in the Borough Conference Room, 2) and to discuss contract zoning. The Commission's action may be appealed to the Borough Assembly seated as a Board of Adjustment within 10 days following the Commission's action. If you have any questions regarding this matter, _please contact the Planning Department at 486 -5736. • Sincerely, Gale H. Lazarus Secretary • • ' = . "' • • • ' .-� - ' � . '• ° = - '` l .�'. � �� ' f.• •,• • �- --`-'�~�-.-`�=''�e��/`��'�,�. Regular KODIAK ISLAND BOROUGX PLANNING AND ZONING COMMISSION MINUTES Meeting, June 18, 1980 page 2 `� ` ` A 4 4 J Mr. Bulen stated he is currently not lisIng that road and has no definite access yet, but there is a platted road. He is fj also negotiating for __——_—---~.r—. (-1 |r. Pugh' closed the public hearing.and reopened the regular mee�in M�. �vert had no objection to the rezoning request in total � »ut wanted to know how Mr. Bulen proposed to get in and out � of the property. She stated he is "./"" a road across her .. — ,.',_". ' -'- -`�=.- �-' � / property that was put in without permission. Mrs. Crowe stated that this area was one of very few designated as R-3, Mobile Home Courts on a main state highway in the Comprehensive Land Use Plan. Because of this and the area's proximity to schools she fels some other area would need to be dnyiqnoted as such and doesn't see where this could be done, Mr. Hill questioned where industrial zoning was to expand to. Discussion among Commissioners. Mr. PuStnNects to the request based on: 1) with other industrial uses in the area, he would rather see them together in a block, 2) the size of the lot, surrounded by R-3 lots, and ]) he questions whether the area is ideal for industrial use. Mr. Ball felt that if the area were to be zoned industrial there should he a gathering of the sections rather than piecemeal, perhaps under a contract zoning type situation for one large piece. Discussion between Commission and Mr. Bulen. Mr. Ball *owed to table the request to amend the Comprehensive Land Use Plan affecting lot 5, block 1, Kadiak First Addition from Mobile Home Courts to Industrial a nd the request to rezone lot 5, block 1, Kadiak First Addition from R-J to industrial. itJ Seconded b^ Mr. Perez. Motion assed b unanimous roll call vo •vt Mr. Bulen was asked to attend a work session with the Commission July 2. 2� Z-��0D� � t to rezone lot 1, block 1, Holland Acres / First Addition from unclassified to business. (John T. Johnson) STAFF REPORT: /r. Pugh presented the staff report based on a memorandum prepared by the Planning Department. . Pugh closed the regular meeting and opened public hearing, hearing no comments /r. Pugh closed the public hearing and reopened the regular meeting. Mrs. Crowe asked if there had been any response to the public .hearing notices. • Mrs. Jones said there was none. Discussion among Commissioners. Mr. Hill moved that the renuest to rezone lot 1, block 1, Holland Acres First Addition from unclassified to business be accepted. . Seconded by Mr. Ball. .Motion PASSED by unaninmus.rull call vote(. | . 3. Z-80-021. A request to amend the Comprehensive. Land Use Plan from modibm density residential to business on lots 7'18. block 2'; USS 3215. (Scott Arndt) ' • • . . ^ �'''' /��`��.��� ": .� • -^-�`-� • • • ;;,-* r, • ''—'` `.� . � �� • �� .,''�-�' ^ • KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES Regular Meeting` June 18` 1980 Page 3 AND Z-0+020. A request to rezone lots 7r18,'blvck 2, USS 3219 from ` rural residential to business. (Scott Arndt) STAFF REPORT: Mr. Pugh presented the-staff report based on a ' memorandum prepared by the Planning Department. ^ Mr. Pugh closed the regular meeting and opened public hearing. . Mr. Duncan Hunter stated that he supports Mr. Arndt for his ,. industriousness but disagrees with the staff report. Over the years, Planning and Zoning has assured him there are regulations which would require Mr. Don Arndt to clean up the mess behind his house. This had not taken place and the new ordinance passed by the Borough Assembly now essentially sanctioned the mess. Ur.' Hunter further stated he is against the expansion of industry in the neighborhood. Kr. Dave Pistorese questioned whether the statement was made that sewer would be through to this area in 1983. Mr. `Pugh answered that 1983 would be the earliest Sewer service 'would be available. He feels that property is locked in and not usable now and this might create additional problems. Mr. Pistorese stated that he has a problem with the general term business and would like to know more concretely what is planned for the lot. He is not against the principle of rezoning to business, just the general open term. Mr. Pugh read four responses to the notice of public hearing into the record. ` . . Ofelt - Against Tsopanoglou Against ' A. Jensen - Against L' Jensen - Against ' . Mrs. Lorna Arndt spoke in favor of the request. She owns the land surrounding the property in question on two sides. She cited-examples of business uses already in the area, i.e. storage of fishing gear, parking of dump trucks and other vehicles. She feels there ^muld'be fewer problems with parking' and the road if the area was zoned for business than if there . was individual housing on each of the 12 lots. • . '' Mr. Scott Arndt spoke in favor of the request. Until 3-4 weeks ago, he thought thisureu would indeed have sewer service available by 1983, but now he feels that the EPA will kill this program. EPA will not fund projects that incorporate over 150% of the existing population in an area. Mr. Arndt doesn!t feel this project will go through without EPA funds and even if it did, user rates would be phenomenal. Under these terms, Mr. Arndt can't see anything to do with this property for 5-10 years. He could get pennits_for septic tanks, but with these lots being the lowest in the area there are drainage problems. He feels there is a traffic problem in the area resulting from businesses already rezoned in that area. He is proposing low ` traffic businesses, i.e. his own construction company, other construction companies, cabinet shop. He agrees business is a broad word, but plans to develop the area in an organized manner., Mr. Pugh asked what the timetable for development was. , • „ Ur. Arndt stated that he was looking at devel ^ng his business . this fall, but the total development of all 12 lots would be ' a minimum of 5 years. / 3 ,- 'KODIAK ISLAND BOROUGH PLANNING AND.ZONING COt•1.1ISSION MINUTES Regular Meeting', June 18, 1980 • Page 4 • 1r. Pugh pointed out that business allows a wide range of uses and asked if Mr. Arndt would be willing to go for contract zoning., Mr. Arndt stated he was not agreeable to contract zoning because his intended use fits under the allowed use for business. zoning. ' He can say that there will be no mobile home park or auto repair. Discussion between Commission and Mr.- Arndt. 61r. Arndt stated for the record that he wishes he hadn't come in at all but had gone ahead with his plans and it would all- .be legal now under the ordinance passed grandfathering violations. .Mr. Pistorese wants to see a definite plan for the area, so as to avoid the typical Kodiak junkyard. - Mr. Arndt agreed that a concrete plan would be ideal, but feels that is virtually impossible. He wants to leave the allowed uses broad enough without having to lie. He.is willing to .discuss contract zoning but he wants to have some flexibility and not be too restricted. P• 1r. `Pugh closed the public hearing and reopened the regular meeting. Discussion among Commissioners. Mr. Ball moved to reschedule a request to amend the Comprehensive Land Use Plan from medium density residential to business on. lots 7 -18, block 2, USS 3219 and a request to rezone lots 7 -18, block 2, USS 3219 from rural residential to business to the July meeting with a work session with Mr. Arndt before the July meeting.. Seconded by Mr. Perez. Motion PASSED by unanimous Toll call vote. - . Z -80 -023. Proposed street name clarification requested by.the. Planning and Zoning Commission. (Planning and Zoning Commission)-: • Mr. Pugh summarized the Committee's recommendations. Mr. Perez feels it will benefit not only the utility companies but will aid in the next petition to the Postal Service.for home delivery. Mr. Pugh closed the regular meeting and opened public hearing with the request ,that statements be confined to general opinions with no questions on specific names as this is a' preliminary_ report. Mrs. Carol Lechner suggested Selig as a name and expressed the desire that it be used within the City. She also feels there is a problem with Purtoff, Petroff and other names sounding the same as far as creating confusion in emergencies. ' : Mr. Jack Bunting stated that he felt there was a problem with not getting fair service at. the Post Office. Mr. Pugh closed the public hearing and reopened the regular meeting. `1r. Pugh suggested Powell as a name and that at a work session the committee come up with a map showing proposed names and post this in the Post.Office and the Kodiak Island Borough and City offices. . Discussion among Commissioners. Mrs. Crowe moved to table the proposed street name clarification requested by the Planning and Zoning Commission until the Auaust May 21, 1980 Dear Commissioners, 1116 have owned the property in question for approximately four years. Due to EPA, the City of Kodiak, and the State of Alaska, the property cannot be developed for residential use at this time, or any time in the near future. We are requesting rezoning of the property from Rural Resi- dential to Business. The property in q uestion has a 40' Road right of way on three sides and 60' on the fourth side. The property to the southeast is mostly zoned Business. The property to the southwest is owned by the Borough and is primarily swampy terrain. The property to the northwest is zoned Rural Residential; this is the property along the lake. It is owned by Don and Lorna Arndt and they do not have any objections to this request. The property to the northeast is zoned Rural Residential; but like all the other sides of the property, there is a road separating our property from the rest. The property we own has a drainage problem, created by sur- rounding property owners; waste water drains onto my property. Between .50% and 60% of the property can be classified as swampy. ground. In order to develop the property, it will require exten_ sive drainage and filling with rock. I believe the property is suitable for rezoning to Business, I hope you will concur with me. If you have any questions please feel free to contact me. Thank you Scott and Beth Arndt Memorandum -- Case Z-80-021 June 4, 1980 would be totally out of character with the neighborhood. It would create land use conflicts and adverse impacts on the neighborhood. RECOMMENDATION: Staff recommends this request for an amendment to the Comprehensive Land Use Plan be denied. KODIAK ISLAND BOROUGH Telephones 486-5736 -486-5737 — Box 1246 KODIAK, ALASKA 99615 MEMORANDUM DATE: ' June 4,.1 80 - TO:. Planning and Zoning Commission FROM:- Planning Department • . SUBJ: Information Report RE: Case Z-80-021. A request to amend the Comprehensive Land Use Plan from medium density residential to business on lots 7-18, block 2, USS 3219. (Scott Arndt) REQUEST:, The applicants are requesting an amendment to the Comprehensive Land Use Plan classification effecting lots 7 through 18, block 2, Island Lake Subdivision from medium density residential to business: SITE:' • . . .The petitioned property iS-presently undeveloped. The site contains 12'lots.ranging in size from six thousand (6,000) to eight thousand one'hundred:eighty-four. (8,184) square feet. The total site area is seventy-eight thousand:five hundred ninety-four (78,594) sq-. ft. or approximately one point eight zero (1.80) acres.' The site slopes generally,from north.to south.: The site is bounded . by Island Lake Road-on the south,- Kittiwake on the north, Ptarmigan Pass' on the east and Arctic Tern.on the west. • . The applicant indicates . the portions'of the:property-nearilsland. Lake Road are low and-swampy due to the drainage slOpe,ofthe property: To eliminate the problem, ditching, culverts and fill will be required. ANALYSIS: Staff finds the site' is Tocated:in develdping -residential area. 'Ihereare 'residences on .three sides of thp'.property. To the south and and west across Island Lake Road is property:owned.by the Borough and reserved for public park purposes. Water service is presently available to the developed properties-from the City-of-Kodiak. However, the City • will not allow,any new service connections'due to the limited 'capacity of the line. The Kodiak-Island Borough anticipates completion of sewer'and water service to-the area.by,1983 according to the Borough engineer.' The area is at the end of Island-Lake.Road.,--It would require traffic comi6g-to the business area to intrude into a residential area. Presently there is an undeveloped business -area adjacent to this' site which was 'the fanner. location-of Lloyd*LUmber.. It 'apPears-that site is-adequate to . serve any anticipated ToCal.buSiness'needs of the residents of the area. To allow a wide range,Of general business uses at this location . Memorandum Case Z-80-020 June 9, 1980 Page 2 The proposed change is not consistant with the Comprehensive Land Use Plan. RECOMMENDATION: Staff recommends this request for rezoning be denied. KODIAK ISLAND BOROUGH Telephones 486 -5736 - 486 -5737 — Box 1246 KODIAK, ALASKA 99615 MEP10RANDUM DATE: June 9, 1980 TO: Planning and Zoning Commission FROM: Planning Department SUBJ: Information Report RE: Case Z -80 -020. A request to rezone lots 7 -18, block 2, USS 3219 from rural residential to business. (Scott Arndt) REQUEST: This is a request to rezone lots 7 through 18, block 2, Island Lake Subdivision USS 3219 from rural residential to business. SITE: The petitioned property is' presently undeveloped. The site contains 12 lots ranging i.,n size from'six thousand (6,000).to eight thousand one hundred'eighty -four (8;184) square feet. The total site area is seventy -eight thousand five hundred ninety- four-(78,594) square _ feet or approximately one point eight zero (1.80) acres. The site slopes generally from north to south. The site is bounded by Island•Lake Road on the south, Kittiwake on the north, Ptarmigan Pass on the east 'and Arctic Tern on the west: The applicant indicates the portions of the property near Island Lake Road are low and swampy due to the drainage slope of the property. To.eliminate .the•problem;'ditching,, culverts and.fill will. be required. ANALYSIS: The Kodiak Island Borough Code of Ordinances section 17.72.020 requires that the Commission shall report to the Borough Assembly its findings and conclusions as to 1. The need and justification for the proposed (rezoning) change. 2. Findings as to the effect of the change on the Comprehensive Plan. 3. Recommendations as to the approval or disapproval of the proposed rezoning. Staff finds that while this request may be an.extension of an existing district boundary and contain nearly two acres, there is no need or justification for additional general business uses at this location. Business use of this property will create land use conflicts. It will encourage business traffic into a residential area. 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KODIAK ISLAND BOROU-7 Box 1246 Kodiak, Alaska 99615 FIRST CLASS MAIL NOTICE OF PUBLIC HEARING AZWIIIIMIRMWOMM The Kodiak Island Borough Planning and Zoning Commission has received a petition from SCOTT ARNDT requesting an amendment to the Comprehensive Land Use Plan from medium :: density residential to business on lots 7-18, block 2, USS 3219. //r- o The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 p.m., Wednesday, June 18, 1980 ' in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above-referenced lots, or an owner of property within 300 feet of the above-referenced property. This will be the_ohly Public Hearing before the Planning_andZonin g Commissiomon this_ petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the.Planning Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name / ,4 A), 3-7. /03 6 N Address 60-y ja 1615 4 4.) qq4 ,r Legal DescriPtionL-r-/Z,A Vj l,oi op „LiLlzAktarAam.Soduagignzel Comments /NS Z. 00 /Al 34/TA ‘112. 5,/t0C- GO ki..1-1 Are.; 'Lite 51.1). a‘ IZ* 6 n.RE$6 7elPcCri.40+ r P,1 A l 7Z /. To criri.Paz 00/2 e -r ur, iVoIrILO elA)Ly Esa4-r/wc..14/ /14.5//0 455 coats.) AI 0/2C 14,4 Ai 4-E le ' ./ - Vai/k) t,t)e. ~ . ' / dic,-Ju- 6 ro attd. • � 1.\I 7/ 80 tcovw AL ce-ti-a--4 lVCe KODIAK ISLAND BOROUGH DEPARTMENT OF PLANNING AND COMMUNITY D V PLANNING AND ZONING REQUEST APP e No. Date Final sposition Application Fee Paid Type of Request: - .0 Property: Subdivision or Addition Tract/Parcel Block 2 Lots Block Lots Block Lots U. S. Survey No Applicant: S771- Mailing Address: a 8,, w 99 Covering Letter Submitted: Plat Submitted: Authorized Representative: Se /74- ,1, -,// Present /r;je„ /2 / Proposed Zoning: Reason for Request: CO v Ze//er Telephone qg 6- - 37 V..5- )n e,r_:r Owners ip Verified: Scheduled for Planning and Zoning Commission Meeting: Preliminary and Public Hearing: Remarks: Final: Remarks: Scheduled for Borough Assembly: Assembly Approval: Remarks: Approved: Approved: KODIAK ISLAND BOROU Box 1246 Kodiak, Alaska 9961 FIRST CLASS MAIL NOTICE OF PUBLIC HEARING . The Kodiak Island Borough Planning and Zoning Commission has received a petition from SCOTT ARNDT requesting an amendment to the Comprehensive Land Use Plan from medium density residential to business on lots 7-18, block 2, USS 3219. The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 p.m., Wednesday, June 18, 1980 the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above-referenced lots, or an owner of property within 300 feet of the above-referenced property. This will be the only Public Hearing before the Planning and Zoning Commission on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the petition proposal, his form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486-5736. 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