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KODIAK TWNST BK 1 LT 13A - Rezone1. Proper Petition and maps 2. Filing Fee REZDNINZ; ROOM 3. Approved for public hearing P&Z P&Z Notice of Public Hearing /;,---141-71/4.1/ . 4. Public hearing held Date Approved.) 5. Request for Ordinance No. and 6. Ordinance No. 1st Peading 4P—/ -!7V a of Approved) 7. Ordinance Vo. Date and Notice of Public hearing published ?'„-9-14 8. Ordinance No,7432�ncl Reading 9/-55-14 Date 55r1� Not Approved) 9. Public tearing held on Ordinance No. `Y 32-UDate! Not Approved) 10. Ordinance No. passed and approved '7-5-'7 Late KODIAK ISLAND BOROUGH ORDINANCE NUMBER 74-32-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING LOTS 13A & 13B, BLOCK 1, KODIAK TOWNSITE FROM R-3 TO INDUSTRIAL. WHEREAS, ALASKA STATUTES 29.33.090 empowers the Borough to enact a Zoning Ordinance and provide for its administration, enforcement and amendments, and, WHEREAS, the Kodiak Island Borough has pursuant thereto adopted Chapter 5, of its Code of Ordinances and Resolutions which provides for planning and zoning provisions and procedures, and, WHEREAS, according to the Comprehensive Planning and Zoning Map adopted by the Kodiak Island Borough, Lots 13A & 13B, Block 1, Kodiak Townsite, have been zoned R-3, WHEREAS, a petition has been received from TONY PEREZ, requesting same be rezoned from R-3 to Industrial, because of further development by the Kodiak Electric Association. WHEREAS, the Petition was considered and approved by the Planning and Zoning Commission on the 24th day of July, 1974, after public hearing was held thereon and said body has recommended the reclassification of said property to Industrial and no objections were voiced at the public hearing; it having been determined that the public necessity, convenience, and good zoning practice require such reclassification, NOW, THEREFORE, BE IT ORDAINED by the Borough Assembly of the Kodiak Island Borough that the property described as: Lots 13A and 13B, Block 1, Kodiak Townsite Be and the same are hereby reclassified as Industrial and that notice of this ordinance be given publication in the KODIAK MIRROR, seveg (7) days prior to the second reading and that a public hearing be held thereon the date of the second reading and that this Ordinanceibecome effective at the time of adoption. KODIAK ISLAND BOROUGH BY BY Borough Mayor ATTEST: .Y2d4 • 412--1: Borough Clerk/Treasurer Presiding Officer FIRST READING AND APPROVAL DATE: azods_cZ /, /92/ ti SECOND READING, PUBLIC HEARING & ACCEPTANCE DATE: . PAGE TWO, ORDINANCE 74-32-0 E Mrs. Anthony Perez .Box 6 Kodiak, Alaska September 23, 1974, RE: Rezoning of Lots 1.3A -E 13B Dear Mr. & Mrs. Perez: Enclosed is a copy of Ordinance 74-32-0, rezonling the above referenced from R-3 to industrial. Also.enclosed _ is a copy of the Borough Assembly. minutes of that date. If you have any further questions, please de not hesitate' to contact this office. I • Very truly yours, • KODIAK.-ISLAND. BOROUGH Donene Tweten; • Borough Secretary - - KODIAK ISLAND BOROUGH ASSEMBLY MEETING SEPTEMBER 5, 1974 11 III IV CALL TO ORDER The Meeting was called to order by Presiding Officer Charles Powell at 7:30 p.m. in the Borough Meeting Room, Borough Building Kodiak, Alaska. ROLL CALL Present Mr. Ross Wood, Borough Mayor Charles Powell Betty Wallin Fred Brechan Absent Howard Anderson Dennis Nelson There were approximately fifteen people in the audience. MINUTES FROM PREVIOUS MEETING A. Assembly Meeting - Regular - August 1, 1974. Mr. Brechan moved for adoption of the minutes of the August Ist meeting and of the Special Meeting of August 9th, seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. MINUTES FROM OTHER MEETINGS A. P&Z - Regular meeting - August 21, 1974. Mr. Brechan moved for adoption of the P&Z minutes as presented for the August Ist meeting, seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. B. P&Z - Special Meeting - September 4, 1974. Mr. Brechan moved for acceptance as presented, seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. C. School Board Meetings - Regular - July 22nd and August 12th; Special Meeting August. 19th, 1974. No comments were made concerning these minutes. V COMMUNICATIONS & APPEARANCE REQUESTS VI PUBLIC HEARINGS A. 2nd Reading & Public Hearing on Ordinance No. 74-32-',0 Rezoning Lots I3A and 13B, Block 1, Kodiak Townsite from R-3 to Industrial. Mrs. Wallin moved for adoption of Ordinance No. 74-32-0 in the second; reading, seconded by Mr. Brechan. The regular meeting was closed and ;the public hearing was ppened. No comments were received regarding the proposed rezoning, public hearing closed and the regular meeting reconvened. Question called, motion Passed by unanimous roll call vote. B. 2nd Reading & Public. Hearing Ordinance No. 74-34-0 Rezoning Lots I, 5,, .s,:7.7, 8 & 9, Allman LaLande Subd., Lots 24 & 25, Block 2 Allman Addn., and Tracts "A", "B"; & "C"., U. S. Survey 1396 from Unclassified••to'Business: Mrs. Wallin moved for adoption of Ordinance No. 74-34-0, seconded by Mr. Brechan. Regular meeting closed and the public hearing opened. A member of the audience asked the location, the Presiding Officer noted that this was some of Mr. Deville's lots and included Tracts A, B, and C which runs through cto 10th street. This would mean that everything to the City Limts would be business. Public hearing closed and regular meeting reconvened. Question called, motion passed by unanimous roll call vote. KODIAK ISLAND BOROL.,....1 A5SEMLLY MEETING AUGUST 1, 1974 PAGE 3 500 t at e e. over the agpeoTe o 56airn kooiak. Mrs. Wallin moved that we accept the presentation of the 1122 Application and that it go to the State and local health planning agency for review and approval and that it come back to the Assembly for Action. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. D. New High School Painting - Mr. Powell stated that a memo was received from the Property and Management departmentstating that'they had received a revised bid from Ideal Painting S Deccirating. There WLIS a reduction of . $5,440.00, from the original bid, of $32,340.00. Mr. Welch submitted of bid of painting the inside for $7,600.00 and the outside for $19,300.00. Mr. Hickman recommended we go ahead or this bid, because of the rising costs. The Borough's estimate was 08, C300.00. Mr. Brechan asked what monies we have set aside for this work the budget. Mr. Wood stated $69,000.00 for the painting, firewall and landscaping.. Mr. Hickman was asked for a recommendation on what should be done first, the outside or inside. Mr. Hickman stated that for looks, the inside should be done first and that there was a couple of cracks outside under the fioshing. Mr. Brechan felt that the roof should be fixed before it was painted. Mr. Wood recommended ',:hat we paint the inside and fix the roof with the monies left over that was to be used for the painting of the outside. Mrs. Wallin so moved to paint the inside. iSeconded by Mr. Brechan. Motion passed by unanimous roll call vote. Mrs. Wallin moved that Mr. Hickman be instructed to get an estimate on the flashina_LolctLe roof. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. E. Reapportionment (held over from previous meeting) - ,Mr. Powell stated that the matter has not been resolved by the Supreme Court, so we cannot pursue this subject now. F. Resolution 74-31-R - Approving Final Plat cn U. S. Survey 4970 - Joe Zentner - Mr. Brechan moved that we adopt Resolution 74.31-R. Seconded by Mr. Brehcan. Motion passed by unanimous roll call vote. VIII NEW BUSINESS A. First R'e-a-dili-d-ol-Oince 74-3-2e0-eeReZoning_of L1otsk13A.16713B;-.151pck Kodiak,TpwriSitesfroxiiIR:L3- to Indu-strjalT/Mr. Brechan moved far-6j5proval „. • • - of Ordonanee 74-32-0 in the first readill-g. Seconded bv Mrs. Wallin. Motion passed by rail call vote. B. First Reading of Ordinance 74-34-0 - Rezoning Lots 1,5, 6, 7, Allman taLande Subdivision and Lots 24 & 25 Block 2 •Allman Addition and .Tracts ri "B", & "C", U. S. Surve,,,, 1396 from Unclassified to Business Mrs. Wallin moved for adoption of Ordinance 74-34 -0 in the first reading. Seconded by Mr. Brechan. Motion passed h' unanirnous roll call 'vote. C. Renewal of Borrow Site for Marvin Love - Memo received from Property Management Department stated that they have no ohjections, however he did note that the vehicles put on there last year are still there.Mr. Hickman stated that there was a complaint. Mr. Brechan Moved that the request for renewal of Borrow Site be renewed. Seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. D. Resolution 74--33-R - WaivingTaxes for Senior Citizen Cecil Brown - Mrs. Wailin moved tor adoption of Resolution 74-33-R. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. E. Resolution 74-34-R - Approving Final plat on Lot 28, U S. Survey 3099 - Mrs. Wallin moved for adoption or Resolution 74-3'4-R. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. F. Main Schooi Firewali Construction Bid - Bids were submitted from L. G. Schneider in the amount of $16,737.00 and frOM 0. 0. Anderson & Co. KODIAICISLAND BORCY'oeifi PLANNiNG AND ZONiNcLeiviNcoNotvi-EET'iNG --P JULY 24, 1974AGE 2----._ turned in with signatures in favor of the reZonind if it was needed. Dr. Spencer Falcon stated that this is a residential area and that it should remain a residential area. Mr. Ed Kozak stated that P&Z's decision tonite will set a preeedentc-for the.entire area in Monashka B. Bay. Mr. Eller agreed with this statement. Mr. Szabo asked if it was usual procedure to specify what the people plan to do with their property when, lit is being rezoned? P&Z stated that it is not required, but it would help With rezoning if the people specified why. Mr: Horrace Simmons indicated that he was in favor of the rezoning ,and that the area is not residential but Unclassified and -is a classification of its own. The commission noted that an Unclassified area permits one or two family dweiiings, s� therefore it is residential zone. Mr. Szabo stated that he bought property in this area in 1971 and built on it in 1973 and that according to the Comprehensive pl6n the Borough has adopted, defines this area as residential.and-that-P&Z-Shblild make decisions that are in harmony with the Comprehensive plan. He strongly objected to the rezoning. Hansen stated that he agrees with Mr. Szabo, but progress forces some areas to be rezoned. Mr. Louis Schneider stated that progress has a lot of ways to go, and that it can be orderly or disorderly and if this area is rezoned, this will be the end of residential building in the area. Mr. Madjic -stated-that he feels the petition is against one person on the rezoning of his loth. Mrs. Schneider -stated that the reason most of the people are present toni4ht?4s because they do not want the type of rezoning-that'nowee-4st-s-on-M11-1-Bay--Roack -- She further stated thateshe.doesenot-want her children walking through an Industrial zone to catch the school bus and this is what they would have to do, if this area is rezoned. Mrs. McBride asked if there was any limit to what you could in an industrial zone. The commission stated that there was no limit. Mr. Schneider stated that if the property is zoned industrial, it no longer will be a temporary matter as the situation is now, but will be permenant and more business will come in than what is presently there. Mr. Horrace Simmons stated that the lots being rezoned are not spot zoning, because they are all contiguous. A letter of objection was read from William Ross, property owner in the Monashka Bay area. Mr. Holt asked the two people present, concerned with the rezoning what they planned to.do. Mr. Hansen stated that he doesn't really care what its rezoned to, he wanted to clear the land for himself. He further stated that someone came up to him and said if we rezoned the land maybe we could get the press and people off our back. He does intend to build his home on this land. Mr. Madjic feels what he is going to do with his property is his business. Mr. Welch closed the public hearing, reconvened the regular meeting and declared a five minute recess at 8: 50 p.m. Mrs. Gellis stated that she would like the attorney's opinion on the letter of intent, carries any weight? She also stated that she does not believe a sawmill can be operated in an Unclassifed zone, as Mr. Hansen stated that it can be. The commission felt that this was a residential zone and should stay residential in accordance with, the Comprehensive Pian. ',Question being called for motion failed on the following roll call vote: Mr. Erwin YES, Mr. Terry - NO Mr. Holt - NO, Mr. Burnham - NO, and Mr. Welch - NO and Mrs. Gellis - NO. C,....\il&„ B. Frei-d zoriii7c7fLi5tS1.73A 1 & 8------i:(-)--cl-C7f-7 Kiki FATTow nsite- from-R-3-toelndUstrial - Anifibrie-SIP-e-fie-I'7 Mr : -:Terry moved,-tOLacc6ptftheltf.elzsini)i-OAir LbtS13A-8: 13B Blikk -1 ,,,frokR-.::3:t0:1ffdil.giriarl--.7750-0-ntle-d--,byeMrse--GeliiS:f;M-e:---Welt h-cloSed the=redidle-r-Iffee-titid-atiol-dp-eiied-ttieJ5-G1511-c-hearing:-TlirS Area is located behind the Kodiak Electric Association. Mr. Jensen stated that he would like to know how close it is to his property. Mr. Johnson was present to show the people concerned, what KEA was planning to do. Mr. Welch closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. C. Rezoning Lots 1, 5: 6, 7, 8, & 9, Allman LaLande Subdivision, Lots 24 & 25 Block 2, Allman Addition and Tracts "A", "B" & "C", U. 3. Survey 1396 from Unclassified to Business - Mr. Holt moved for approval .of the rezoning. Seconded by Mr. Burnham. Mr. Welch closed the regular meeting and opened the public hearing. Mr. Schneider asked what kind of business would go in a business zone. Mr. Terry stated that you cannot manufacture products in a business zone, but you can sell manufactured products. Mr. Greenup had UNITED STATES OF AMERICA State of Alaska NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN THAT THE KODIAK ISLAND BOROUGH PLAN- NING AND ZONING COM- MISSION WILL HOLD A PUBLIC HEARING AT THEIR REGULAR MEETING ON JULY 24 1974, AT 7:30 P.M. IN TITE KODIAK IS- LAND BOROUGH OFFICE BUILDING MEETING ROOM SS: nabilfidaerio ON THE FOLLOWING: A.. Rezoning of Block 1, Lots 3A, 3B, Block 2, Lot 3, Block 3. Lots 2 & 4, Block 6, Lots 1 & 2, Block 7, Lots 1 thrOugh 5 iin the Miller Point Subdivision and lin the Miller Point Subdivision, First AddiF tion, Block 10, Lots 1 & 2, from Unclassified to In- dustrial Lenhart Grothe, Arnold Hansen, Russell Welborn, Ray- mond Tufts, Joel Hayes, Julius Maj dic and An- drew and EwaCessna. B. ezoning of Lots 173A 13B,Block 1, Kodiak - Ti9wnsitc=--from -1:&•3 `cd. yidustrial — - AntriOnl Perez. C. Rezoning of Lots 1, 5, 6, 7, 8, & 9, Allman La- Londe Subdivision, Lots 24 and 25, Block 2; All- man Addition, ond.. Tracts "A" & "B", & "C", U. S. Survey 1396 from Unclassified to Business. D. Rezoning of the Pro- posed Subdivision of a Portion of U. S. Survey 1396 — Lee Russell — from Unclassified to R-3, ALL INTERESTED INDI- VIDUALS WILL BE GIVEN THE OPPORTUNITY TO EM HEARD AT THE PUBLIC HEARING, AFTER WHICH MildsvITC ,,u8e @g3 THE BOROUGH PLANNING AND ZONING COMMISSION MAY PASS OR REJECT THE ABOVE REQUESTS WITH OR WITHOUT . AMEND- MENTS. KODIAK ISLAND BOROUGH NORMA L. HOLT BOROUGH CI,PRK Publish: July 17,1.974 being first duly sworn, ra editor and publisher OR, a daily newspaper lc, Third Judicial Divi- , and that the annexed 3ublished in said news - he following dates: 7-17 SU CR this ED and SWORN to before me PUBLIC in and for the State of Alaska. My Commission expires 7,57 KODIAK ISLAND BOROUGH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION WILL HOLD A PUBLIC HEARING AT THEIR REGULAR MEETING ON JULY 24, 1974, AT 7: 30 P.M. IN THE KODIAK ISLAND BOROUGH OFFICE 'BUILDING MEETING ROOM ON THE FOLLOWING: Rezoning of Lots 13A & 13B, Block I, Kodiak Townsite from R-3 to Industrial - Anthony Perez ALL INTERESTED INDIVIDUALS WILL BE GIVEN THE OPPORTUNITY TO BE HEARD AT THE PUBLIC HEARING, AFTER WHICH THE BOROUGH PLANNING AND ZONING COMMISSION MAY PASS OR REJECT THE ABOVE REQUESTS WITH OR WITHOUT AMENDMENTS. KODIAK ISLAND BOROUGH gUrA-Vitt DONENE TWETEN, BOROUGH SECRETARY Kodiak, Alaska - Kodiak, Alaska Joseph Thc&I. Jerern... Gerald Gugel Box 12 .Kodiak, Alaska Tony Perez Box6 Kodiak, Alaska Peter & Nina Olsen Box 485 Kodiak, Alaska. Grey Nuns of. Sacred Heari Box 1187 Kodiak, Alaska . i %(kTjGe�l11 Edna Hester Box 156 Kodiak, Alaska 'K diak, Alaska It..PA.t `_ /42Ce-1 Bea Nahtvveigh Box 1247 Kodiak, Alaska Kodiak Electric Association Box 787.. " Kodiak, Alaska, i. Mrs. Hazel Nixon' Box 905 Kodiak, Alaska Fred Chernikoff _ 909 Southampton Drive Anchorage, Alaska 99503 City of Kodiak Box 1397 Kodiak,Alaska Ed Ogbor-n Box 1741 Kodiak, Alaska Louis 6 Francis Tani Box 177 Kodiak, Alaska tae-- //j9 Sohn kgth6r))�e. 99 /(/C u�I L. . 9953 ©hers LoC : 10 iricvn&-� 6.(4 Jahn k69 ens L3Oxsq. ei rq 0 eo cii)Jrc. --BL/62 E io .. 81,oc.0 30 20f r5--BKeoJcers -L hG aid `�i`GC✓'�� 1 �, /yLe- //7 L6 /077 USS 199 1,3-21 .3?V. /7,90 65-6 ci /5;220 _ 45; 3 / 723 13413 • clic? c,v n sa e:1 %p rJ Jensen 95- _ 98 ko /U 1.o61/ 1 &o)c 5-6 2-i �Jo e 5, I Wo Ph &)Sej -- e rt /-/eleh Tober6 ),21 _ �. oil 7503 er'aic_L tL. e L eph ./-d ax__/S 406 /3A 138 /6 io & /713. /?8 E 'ere_ 6 //f9z eC /1 ii )66 86 Focr er Ana_ isSer) 179 2-9.6 41275"- 3647 4566-.. 562'. .2166 6900 KODIAK ISLAND BC.)...:.:11GH PLANNING AND ZONING ME.. .NG JUNE 19, 1974 CALL TO ORDER The Meeting was called to order by Deputy Chairman?, Mr. Jerry Holt, at 7:45 p.m. in the Kodiak Island Borough Meeting Room, Kodiak. 11 ROLL CALL PRESENT ABSENT Mr. Jerry Holt Mr. Tom Terry Mrs. Wilda Gellis Mr. John Burnham Mr. Gene Erwin Mr. John Welch (late arrival) 111 MINUTES FROM PREVIOUS METING Mr. Pau Stover A. P&Z - May 22, 1974 - Regular - Mr. Erwin moved that the minutes of May 22, 1974 be accepted. Seconded by Mr. Terry. itirolloras-sed by unanitiitstrs-Turrral I vote. IV MINUTES FROM OTHER MEETING A. Assembly - Regular - June 6, 1974 - No Comments V COMMUNICATIONS & CORRESPONDENCE A. Memo from the 1391-LAI-1cify2EEalitasl reqarding the placement. of a Church on Lots 19 - 21, Block 5, Erskine Subdivision. She noted in her memo that under amendment Ordinance 67-5-0, the placement of a church in an R-2 zone would be permitted. The Commission noted that this was a permitted use and had no comments. B. Letter from Lenhart Grothe, Arnold Hansen, Russell Welborn Raymond Tufts, Joel Hayes, Julius Majdic, and Andrew and Earlin Cessna to Rezone in the Miller Point Subdivision, Block 1, Lot 3A & 3B, Block 2, Lot 3, Block 3, Lot 2 & 4, Block 6, Lot 1 & 2, Block 7, Lots 1 thru 5, and in the Miller Point Subdivision, First Addition, Block 10, Lots 1 & 2; to Rezone from Unclassified to Commercial (Industrial/ Business). - The location of this area was noted. Mr. Erwin made a motion for a public hearing on this rezoning. Seconded by Mr. Terry. There was a question on which commercial zoning this group wanted, so it could be properly advertised for public hearing. Mr. Grothe stated that Industrial was their request. Question being called for, motion passed by unanimous roll call vote. B. Letter from Anthony Perez to Lots 13A and 13B, Block 1, Kodiak Townsite to rez from R-3 to Industrial - Mr. Johnson, from Kodiak Electric explained where they were going to put the generator plant on these lots and they were in the process of buying them from Mr. & Mrs. Perez. Mr. Terry made a motion for public hearing. Seconded by Mr. Erwin. Motion passed by unanimous roll call vote. VI PUBLIC HEARINGS A. Rezoning Lots 10-12, Allman LaLande and Lots 5-8, Block 48, East Addition fron--Ui nclassifiecn-KiBusiness - Huey DeVille - Mrs. Gellis made a motion to rezone Lots 10-12, Aliman Latancie and Lots 5-8, Block 48, East Addition from Unclassified to Business. Seconded by Mr. Terry. Mr. Holt closed the regular meeting and opened the public hearing. There being no comments, he closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. Mr. Burnham noted that at the last regular meeting the Commission . From;:. Anthony J. and Madelyn A."Perez", - To : Kodiak .Island- ,Borough Z:.Board . Subj : : -Rezoning Iota- l3A _and '13B of: ,Block • I•, 'Kodiak Tov n.site • We. would like at this:.tiMe to have -the .subject R;property rezoned from:'R -3:to-:Industrial... 1' J . Thin property. la- bordered:"Oh twos .sides .:by Industrial - zoned property. and it would notconflict" with the over-all .plan." This -property will be : used = to construct a gene Tato ing by KEA. ' = .