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KILLARNEY HILLS BK 3 LT 2 - RezoneKODIAK ISLAND BOROUGH Case No. 2 %Z— ,p/ PLANNING & ZONING REQUEST APPLICATION Date 8-2-3 - rL Final Disposition Application Fee Paid Remarks Zjpe of Request �C2zoszei Description of Land: Addition Survey No. kgo?/69 Blecit-Ageir-:(4v____,L4.4 Lots Person Submitting Application C Ag/ic- ge te-Z — Mailing Address Covering Letter Submitted Plat Submitted Person or Representative to Attend Meeting Present Zoning Proposed Zoning -40 a>4te.e.iff Reason for Request Approved 9� ZO - Remarks Not Approved Remarks Borough Assembly Approval Remarks /9/ (P,/ % 23-6 keitctiJii 77Lay-,1-1.1/2(1( KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 3 MAY 2, 1974 (Public Hearing continued) the public hearing and reconvened the regular meeting. Motion passed by unanimous roll calf vote. VII OLD BUSINESS A. Dog Control - Review and Approval - Mrs. Holt noted that the Borough Attorney stated the Borough Assembly may by Ordinance elect to have areawide dog power or areas outside the cities. Mr. Wood did not think it is the Borough's responsibility., the Assembly concurred. No action was taken on the matter at this time. VIII NEW BUSINESS A. Resolution 74-20-R - Approval of 1974 OEDP (Overall Economic Development Plan) Update - The Chair moved that this be taken up at the next meetina after the report has tb_e_r_e_vae.m,Leci.• B. First Reading of Ordinance 74-21-0 - Rezoning Lots 1-6 - Block 3, and Block 4, Lot 1, Killarney Hills Subdivision, U.S. Survey 3218 - Mr. Nelson moved for adoption of Ordinance 74-21-0 in the first reading. Seconded by Mr, Anderson. Motion passed by unanimous roll call vote. C. Approval of Borrow Site P-7 to Earl Deater with Recommendation of approval from the Planning and Zoning Commission - Mr. Nelson moved that we accept the recommendation ot the Harming and Zoning Commission on Approval of Borrow Site P-7. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. D. Memo from the Planning and Zoning Commission RE: Recommendation of Civic Center - Mr. Anderson suggested that this go before the City Council before the Assembly does anything. Mr. Boucher, representing KIP, stated that this is where business is heading and that there were no lots except for about six left in the downtown area to build on. Mr. Larry Graber, also of KIP, stated that Mr. Isadore's objection to zoning this area business was because of the traffic congestion near the Fire Hall and Police Station. He further stated that a Civic Center and Postal Facility will cause more traffic than a business would. KIP's main objection was not to the rezoning as "Business" but objecting to the property being used only for a civic center or being held in reserve for only that purpose. Mr. Powell enter- tained a motion that the City Council take action on this letter first. Mr. Nelson so moved. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. E. Month Report for March - Mrs. Wallin moved that the monthly report be acknowledged as received. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. IX MAYOR'S COMMENTS X ASSEMBLY COMMENTS Mr. Nelson noticed in the monthly report for the School Board they had a surplus, he would like the staff to investigate if this money has been dedicated or if the money has been used for capital improvements. KIB PLANNING & ZONING - SEPTEMBER 20, 1972 Page Rezoning Portion of U. S. Survey 3218 - From Unclassified to R-2 to allow Subdivision and development, Catholic Church. This development will be connected to City sewer and water. Mr. Buryham moved for approval of the rezoning of a portion of U. S. Survey, 3218 from Unclassified to R-2, seconded by Mr. Wheeler. The regulal' meeting was closed and the public hearing opened. No comments:; were made from the audience and the public hearing was closed.: The regular meeting reconvened; the question was called and th6 motion passed by unanimous roll call vote. Rezoning of Portion of U. S. Survey 1682 from Conservation to ' Unclassified to allow for subdivision and development, Nachtwieh. Mr. Holt moved for approval of the rezoning, seconded by Mrs.,G611i3, The regular meeting was closed and the public hearing opened, there being no comments the public hearing was closed and the regular meeting reconvened. The question was called for arid'the motion passed by unanimous roll call vote. VII SUBDIVISIONS, PRELIMINARY - NONE VIII SUBDIVISION, FINAL - NONE IX P A Z ITEMS A. Rezoning Request - Lot 26A, U. S. Survey 3098 from Unclassified to R-2 to allow for Subdivision and Development - E“emio & Shockley. The letter of request was read along with a copy of a letter fp:0m the Building Inspector issuing a Stop Work Order on the constriction, During the discussion it was pointed out that this would be spat zoning and that the P&Z could not zone this way; further that this zoning owuld not agree with the comprehensive plan. Mr. Holt Movec'. for disapproval of the requested rezoning as it constitutessp4 zoning and is not in accordance with the comprehensive plan, seconded by Mr. Erwin. The question was called for and the motion passed by the following,rr:lcall vote: Mrs. Gellis YES; Mr. Wheeler YES; Mr. Burnham YES; Mr. Holt YES; Mr. Welch NO; Mr. Erwin YE$. In the discussion that followed it was pointed out that there 1,jave been many changes in the land use in this area and that an are:4 previously scheduled for housing is not being used for that pu#posE but instead is being used for new school. It was pointed out too that although some of the area is scheduled for light indtstry! this might not be the most logical place. Mr. Holt moved thata work session be set for September 27th on this matter, secondep by'Mr. Erwin. Motion passed by the following roll call vote: Mr. Wheeler YES; Mr, Burnham YES; Mr. Erwin YES; Mrs. Gellis YS Mr. Holt YES and Mr. Welch NO, P X ADJOURNMENT There being no further business the meeting was adjourned at 10:15 p.m. SUBMITTED: ) . • 5,---S"."„):.,, Acting Borough Clerk -Treasurer ATTEST: Chairman, P&Z Commission UNITED STAr..T.ES WAP.MIUCA SS: State of. Alaska NOTICE OF PUBLIC I-1EARING - NOTICE IS HEREBY GIV- EN THAT TE -IE KODIAK ISL -1 LAND BOROUGH P L 4 N- NING & ZONING COMMIS- SION WILL HOLD A PUBLIC: HEARING ON WEDNESDAY,:..: SEPTEMBER 20th, 1972, ON. THE FOLLOWING REZON- ING REQUESTS: 1) Portion of U. S. Sur- vey 1682 from present . classification of CON- SERVATION to UN-: . CLASS.W.LED for pur- pose of subdivision. /2) Portion of U. S. Sur- vey • 3218 from present classification. - • CLASSIFIED to • R-2 • for the purpose of subdivision NOTICE IS ALSO GIVEN THAT THE P&Z COEMMIS- SION WM, HOLD A PUBLIC HEARING ON THE VACA- TION AND REPLAT OF LOT 6, BLOCK 1, SHAHAFKA ACRES AND TRACT S-3, U.S. SURVEY 3218FOR PURPOSE OF SUBDIVISION, ALL INTERESTED PAR- • TIES SHALL )3E GIVEN AN OPPORTUNITY TO BE tE AFTER W 1-11 C U, T HE COMMISSION MAY GRANT OR DENY THE RE- QUESTS. KODIAK ISLAND BOROUGH ,* NORMA L. HOLT ACTING BOROUGH CLERK 'Publish: Sept. 13, 1972 • • I, S. Wayne Kotula, being first duly sworn, depose and say: I am editor. and publisher of the Kodiak MIRROR, a daily newspaper published at Kodiak, Third judicial Divi- sion, State of Alaska, and that ,the annexed printed notice was published in said news- paper in issues of the following dates: z S. Wayne Kotula SUBSCRIBED and SWORN to before me this ,/6Zclayof i9/_2 e • NOTAR'Y/PUBLIC in and for the State of Alaska. My Commission expires 7-) e September 12, 1972 Notice is hereby given that the Planning F Zoning Commission of the Kodiak Island Borough will hold a public hearing on September 20th, 1972, at 7:30 P.M. in the Courtroom of the State Office Building on the following rezoning requests: Rezoning of Portion of U. S. Survey 3218 from Unclassified to R-2 to allow for subdivision and development of that area. Rezoning of Portion of U. S. Survey 1682 from Conservation to Unclassified to allow for subdivision and development in accordance with that classification. All interested parties shall be given an opportunity to be heard at the Public Hearing after which the Planning and Zoning Commission may deny or grant the rezoning request. KODIAK ISLAND BOROUGH Norma L. Holt (Mrs.) Acting Borough Clerk FROM TO City/Borough Engin: KODIAK ISLAND BOROUGH P. 0. BOX 1246 ' KODIAK, ALASKA 9.9615 SUBJECT: FOLD proposed subdivs. DATE- 8/29/72 please veview the attached proposed subdivison and return to this office with any comments you might have . PLEASE REPLY TO SIGNED Norma Holt, Acting Borough Clerk II 1-r--? DATE SIGNED RETURN THIS COPY TO SENDER os KIB PLANNING & ZONING COMMISSION - AUGUST 23, 1972 PAGE 2 C. Vacation & Rplat - Lots 1 & 2, Block 14, New Kodiak Subdivision, requested for the purpose of increasing the size of KODIAK roToRs, INC., property for needed parking area. Mt. Holt roved for approval of the public hearing for vacation and replat, seconded by Mt. Erwin. Motion passed by unanimous roll call vote. D. Preliminary Plat of Baranof Heights Addition 11. The background was given on this subdivision, noting that it had been approved once, however the time limit had expired for presentation of a final plat. Now it is necessary to resubmit the preliminary. Mt. Fray contacted the Borough Assessor and indicated that he wished this presented to the Borough P&Z Commission. The final qat will show the change in the road and will show Lot 22 as designated for POolic Park. The final plat will further show the sewer lines as they exist. Mk. Erwin moved for approval of the preliminary plat, seconded by Mt. Hol* the motion passed by unanimous roll call vote. VIII SUBDIVISIONS, FINAL A. Approval of Final Plat, East Addn., Block 51, Lots 1, 2 & 3, Dreckburg. Final plat reviewed by the Commission members. Mr. Erwin moved for approval of the final plat, seconded by Nr. Holt. The motion passed by unanimous 4311 call vote. B. Approval of Final Plat, Wadsworth, Lot 6, Block 1, Miller Point Alaska Subd., Noted that there had been two changes from the preliminary plat, one -a change in the road dedication to the required fifty foot and the encroachment on the State property. Both parties are aware of the encroachment and the selley has agreed to move the house at his expense should this be required at sonle later date. Mt. Erwin moved for approval of the final plat, seconded by At. Holt. Motion passed by unanimous roll call vote. • P & Z ITELIS A. Rezoning Request - U. S. Survey 1682 from Conservation to Unclassified to allow for Subdivision. The request was read in full stating the purpose. Mr. Holt moved for approval of the public hearing to be held at the next regular meeting, seconded by Nt. Erwin. Notion passed by unanimous roll gall vote (Ir. Erwin indicated his interest in this matter). B. Rezoning Request and Subdivision of Lot 25 and Lot 5, U. S. Survey 3099 from Unclassified to allow for subdivision and development (Case 270-A). A letter requested the vacation and replat of Lot 25 and requested a rezoning of this lot and lot 5 to allow for such subdivision. It was noted that the property is located in U.S. Survey 3099 which is presently zoned "Unclassified." Stich subdivision would not meet the necessary minimum lot area. Several maps Wiere shown to the Commission showing other lots in the innediate area which ha* subdivided below the minimums. The party seeking the approval has indicatpd that sewer service is available to this lot through Jackson's Trailer Cou*. The Commission discussed a work session held previously on changing the minimum lot area in Unclassified if the property had City Water; City Water and S*er or none of the above services. Erwin moved that the Commission folloci through with the recommendations made at the work session to have the chanqes made in the zoning ordinances, motion died for lack of a second. During Vie discussi it was pointed out that some way should established to maintain the low density areas that could not be subdivided down to the same size lots for high density areas. Mr. Holt moved for denial as there is no ground0' for an exception and the Commission could not rezone as this would be spot zoning, seconded by Ir. Erwin. The motion passed by unanimous roll call lkyte. During the discussion that followed it was pointed out that there are man, things that must be taken into consideration before increasing the densiW population in an area. If allowed to subdivide down to 10,000 square feet in an unclassified zone, this really is quite small for those area set up for low density and many problems can result. Further consideration should be given to a solution of this problem. Rezone Portion of U.S. Survey 3218 directly behind the Catholic.Church property to. 272 to allow for subdivision and sale of the lots. Mt. Erwin moved ft4t approval of the holding of the public heating, seconded by Mr. Holt, Motid passed by unanimous roll call vote. UNITED STATES OF AMERICA SS: State of Alaska NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN THAT THE KODIAK ISLAND BOROUGH AS- SEMBLY WILL HOLD ,A PUBLIC HEARING AT THEIR REGULAR MEETING ON JUNE 6, 1974 AT 7:30 P.M. IN THE NEW KODIAK BOROUGH BUILDING ' MEETING ROOM, KODIAK, ALASKA, ON THE FOLLOW - Second Reading and . One (1), Killarney HM Subdivtision, U. S. • Public Hearing on Ordi- nance 74-23-0 — Rez,on7 ing Lots One (1) through Six (6), Block Three (3),• and Block Four (4), Lot Vey 3218 from, Unclassi- fied to R-2. Second Reading and Public Hearing on Ordi- nance 74-21-0 19741-17 Borough Budget. Second Reading and Public Hearing on Ordi- nance 74-22-0 -7- Rezon ing a Portien of U. &,11' Survey ::2539.i, from Un74' classified, to ,.Bushiess Brasie, Lease; AIL INTEStrtd.) Eqpt:, VIDUALS WILL BE Grvm.: AN OPPORTUNITY, TO BE (Oontlitiaed— P140 20111,1skezz AfErdevr1 • (Continued From Page 6) HEARD AT THE PUBLIC HEARING, AFTER WHICH THE BOROUGH ASSEMBLY MAY PASS OR REJECT THE ABOVE ORDINANCES wrrH OR WITHOUT A ME ND- MENTS. KODIAK ISLAND ' BOROUGH NORMA HOLT; BOROUGH CLERK PulolOi: May 30, 1974 I, S. Wayne Kotula, being first duly sworn, depose and say: I am editor and publisher of the Kodiak MIRROR, a daily newspaper published at Kodiak, Third Judicial Divi- sion, State of Alaska, and that the annexed printed notice was published in said news- paper in issues of the following dates: S. Wayne Kotula SUBSCRIBED and SWORN to before me is .day e. NOTARY PU10 In and for the State of Alaska. My Commission expires 0]D|AKISLAND BOROUGH ORDINANCE NUMBER O AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOTS 1-6, BLOCK 3, AND LOT 1, BLOCK 4, KILLARNEY HILLS SUBDIVtSION, U. S. SURVEY 3218 FROM UNCLASSIFIED TO R-2. VVHEREAS,•AL/\SN}\STATUTES 29.33.090 empowers the Borough to enact a Zoning Ordinance and provide for its administration, enforcement and amendment, and WHEREAS, the Kodiak Island Borough has pursuant thereto adopted Chapter 5, of its Code of Ordinance and Resolutions which provide for planning and zoning provisions and procedures, and WHEREAS, according to the Comprehensive Pfanning and Zoning Map adopted by the Kodiak Island Borough, Lots 1-6, Block 3, and Lot 1, Block 4, Killarney Hills Subdivision has been zoned Unclassified and, WHEREAS, a petition has been recieved from CATHOLIC CHURCH, requesting same be rezoned from Unclassified to R-2 for further development of the lots, WHEREAS, the Petition was considered and approved by the Planning and Zoning Commission on the 2Oth day of September, 1972, after pubflc hearing was held thereon and said body has recommended the reclassification of said property to R-2 and no objections were voiced at the public hearing; it having been determined that the public necessity, convenience, and good zoning practice require such reclass- ification, F---- — -- - —-- NOW, THEREFORE, BE|TORD|ANED' by the'BomughAssemb|y of the Kodiak Island Borough that the property described as: _'_ _--_ _-_- _ - 'Lots 1Block 3,and Lot 1 Block 4, Killarney , ,Ub_Subdivisign, U. S. 3urvay321D' Be and the same hereby reclassified as R -Z and that notice of this _ _- ordinance be given publication in the KODIAK MIRROR seven (7) days prior to the second reading and that a public be held thereon the date of the second reading and that this Ordinance become effective at the t[meofadoption. KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 2 JUNE 6, 1974 He further stated that this is similar to the Chiniak Subdivision with surveying costs, tests, etc. Mr. Large stated that he has reservations on the number of people employed at the Borough. Mr. Wood stated that we only have seven employees. Mr. Murray asked about the position on the finance director. Mr.Powell stated that this position is in the making and he will possibly handle the financing for the School District and the Borough. The Borough and School District are working toward central treasury and that we would need the expertise of a finance director. Mr. Murray questioned the Building Inspector's position also? Mr. Powell noted that it was shared half with the City of Kodiak, and this included his expenses. Mr. Taylor asked about the loans granted to the hospital and what has been done on them? Mrs. Holt stated that they have paid all but $7500 on their first loan and that we have loaned them an additional $9000. Mr. Taylor also wanted to know the difference between a professional appraisser and a local appraisser. Mr. Powell stated that sometimes a third party interest is needed. Mr. Murray asked if the budgeting for the" relocation on the Mental Health Center meant that they were moving. Mrs. Holt stated that this was for the expense of moving for a new psychologist. Mr. Taylor asked when the estimated Chariman's salary will come into effect. Mr. Powell stated that as the rules are set now, the salary will only come into effect when a new chairman comes into office. Mr. Ed Kozak asked about the land sales money, if this was the land already soldkor-that--Will be sold. Mr. Powell stated that it was for the land already sold. Mr. Powell closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. Mr. Powell called a five minutes recess at 8:00 p.m. Mr. Powell stated that now we have passed the budget, we will have to decide on a mill rate for the Borough, based on the assessed value of $88,850,000 at a mill rate of 5.86 will cover the budget we have just passed. The Fire District Levy will be 1.62 mills based on' -$9,819,650 assessment. Mr. Powell stated that we need a motion on the assessed valuation and on the millage of the budget for the fiscal year 1974/75 and the Fire Distirct which was just recommended. Mr. Anderson so moved to accept the mill rate of 5.86 and the Fire District levy of 1.62. Seconded by Mr. Brechan Motion passed by unanimous roll call vote. B. Second Reading and Public Hearing on Ordinance 74-22-0 - Rezoning A Portion of U. S. Survey 2539 from Unclassified to Business - Mr. Nelson moved to adopt Ordinance 74-22-0. Seconded by Mr. Brechan. Mr. Powell closed the regular meeting and opened the public hearing. Mr. Brasie stated that there was the word "commercial" in his ordinance and he wanted to know if there was a difference between that and the word "business". Mr. Powell stated that "business" is the only classifcation we have and it will be changed. Mr. Powell closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. /c.Lo Pce'-7-4.:H ng LotS,3,.;.ttal;b0dt.)6(11ock, froM4fri:Cla's:§1:fi4,,,tOR.-..7:-..A1"r Nelson r,r1-60cribatWO-[40.0.14.E.QT:jcita. '‘ctOsed,:::tIti,p43pgu:lar,fmgelfrig KODIAK ISLAND -BOROUGH ASEML'? MEETING JUNE 6, 1974 PAGE 3 ••;":::4 W4.444.1,W Mr. Taylor asked what they were going to build, since it has already been subdivided.. Mrs. Holt noted that this was conforming with the building restriction for the subdivision. Mr. Powell closed the public hearing and reconvened the regular meeting. Qutianbeibg called for:motion. aSd b :Urfa mous-rci VII OLD BUSINESS A. Afognak Historical Site Nomination - The Property Assessment & Management Department has indicated that the proposed action has no effect on the Borough at the time.. Mr. Nelson noted that this project was placed on hold until further action and Mr. Wood recommended that we hold off action until the public hearing is held, which will be at before our next regular meeting. The Chair so ruled. B. Letter from Alcoholic Beverage Control Board regarding the transfer of the Beachcombers Liquor License - Mr. Brechan moved that the Borough voice no objection to the transfer of the Beverage Dispensary License for the Beachcombers. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. C. First Readin9 of Ordinance 74-19-0 - Relatins to Uses of Property Associated with Removal, Excavation & Sale of Natural Resources - Mr. Nelson moved for adoption of Ordinance 74-19-0. Seconded by Mr. Anderson. Mr. Nelson stated that on Page 2, there is a blank on the number of days a public hearing should be held. Mrs. Holt recommended that ten (10) days after receipt of application. Mr. Powell recommended that the Assembly vote this ordinance down, because it would give extraordinary powers to the Planning and Zoning Commission, and it also deals with private ownership. Mrs Wallin stated that she attended previous P&Z meetings in which they stated that there was enough in the present ordinances to take care of this type of situation. Mr. Holt a member of the P&Z Commission gave the background on the development of this ordinance. Mr. Holt noted that this ordinance was not trying to restrict the right of the property owners to build. Mr. Brechan stated that these restrictions could be taken care of in proper zoning. Mr. Nelson recommended that the Assembly pass this Ordinance, so the public could have some input at the public hearing.. Question being called for, motion failed on the following roll call vote - Mr. Powell - NO, Mr. Anderson - NO, Mr. Brechan - NO, Mr. Nelson - YES, and Mrs. Wallin - NO. V1-11 NEW BUSINESS A. Letter from Division of Lands, RE: Tideland Lease Application from New England Fish Company - Mr. Brechan stated that from the map, he does not quite understand where the fill was to be obtained. This being understood, Mr. Brechan moved that the Borough voice no objection. Seconded by Mr. Anderson. Motion passed on the following roll call vote: Mr. Anderson - YES, Mr. Nelson - NO, Mrs. Wallin - YES, Mr. Brechan - YES, and Mr. Powell - YES. B. Letter from Department of Highways and Resolution 74-23-R - Federal Aide Secondary Project - Mill Bay Road - Mr. Nelson moved that we adopt Resolution 74-23-R. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. C. Resolution 74-24-R - Exemption of Taxes for Senior Citizen Nick Wolkoff - Mrs. Wallin moved that we accept Resolution 74-24-R. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. ATTEST: Borough Clerk/Treasurer = '• PACE TWO: OF npnrivAm,AL:t KODIAK ISLAND BOROUGH BY C. Borough Mayor BY (1-7-444 Presiding Officer