FY2009-18 Stratman Rezone1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2009 -18
Introduced by:
Requested by:
Drafted by:
Introduced:
Public Hearing:
Adopted:
Manager Gifford
Community Development
CDD Director Cassidy
02/19/2009
03/05/2009
03/05/2009
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
REZONING TRACT A, U.S. SURVEY 4964
FROM C- CONSERVATION TO RR2 -RURAL RESIDENTIAL TWO
WHEREAS, the concept of a "conservation subdivision" is being proposed where
approximately one -third of the property is left as open space for the benefit of the residents of
this subdivision and where land that is identified for development is done so at a greater density
than would normally be allowed under the existing zoning scheme. This novel concept provides
an incentive for developers to leave green and open space; and
WHEREAS, the commission has reviewed three rezone requests associated with this
conservation subdivision; a rezone of the majority of Tract A from C- Conservation to RR2- Rural
Residential, a rezone of the minority of Tract A (10 -12 acres located at the corner of Chiniak
Highway and Pasagshak Road) from C- Conservation to RNC -Rural Neighborhood Commercial,
and a rezone of Lot 7, Northland Ranch Subdivision from C- Conservation to RR2 -Rural
Residential Two; and
WHEREAS, Mr Omar Stratman is subdividing approximately 120 acres of land at the
intersection of the Chiniak Highway and Pasagshak Road known as the Northland Ranch into
over 40 parcels; and
WHEREAS, the commission held a properly noticed public hearing on this request and is
recommending that the Assembly approve the request to rezone the majority of Tract A from C-
Conservation to RR2 —Rural Residential Two; and
WHEREAS, the commission is not recommending that the Assembly rezone the minority portion
of Tract A (a 10 -12 acres portion located at the corner of Chiniak Highway and Pasagshak
Road) from C- Conservation to RNC- Rural Neighborhood Commercial because there already
exists 35 acres of RNC zoned property in the Kalsin Bay area much of it not developed and at a
minimum of 2 acres per lot requirement provides enough commercial growth potential for the
area; and
WHEREAS, the commission is also not recommending that the Assembly rezone Lot 7,
Northland Ranch Subdivision from C- Conservation to RR2- Rural Residential Two believing that
lot 7 is separated from the remainder of the proposed subdivision by the Pasagshak Road and
has more in common with the other Tots found in the vicinity.
NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the following parcel be rezoned from C- Conservation to RR2- Rural
Residential Two Zone:
Section 1: This ordinance is not of general application and shall not be codified.
Kodiak Island Borough Ordinance No. FY2009 -18
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Tract A, U.S. Survey 4964 is rezoned from C- Conservation to RR2- Rural
Two.
3: The findings of the Kodiak Island
hereby confirmed as follows:
Borough Planning and Zoning Commission are
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
The 2008 Kodiak Island Borough Comprehensive Plan Update encourages
residential development throughout the Kalsin Bay and Chiniak communities.
The plan and map both call for two acre lot minimums along the south side of the
Chiniak Highway; however, there are some minor discrepancies in the way this is
depicted on the map for the Kalsin Bay area and how it is described in the related
plan narrative. In this case, it makes sense to provide RR2 -Rural Residential Two
zoning, with a two acre minimum lot size in order to allow the developers concept
of a "Conservation Subdivision" to move forward to the subdivision process. This
will allow the some flexibility to the developer subject to further review by the
Planning and Zoning Commission.
Even though the plan identifies a commercial node at the intersection of Chiniak
Highway and Pasagshak Road, this need is presently met with the existing 15
acres of commercially zoned (RNC) property at this location. All of this land
previously belonged to the petitioner in this case and 10 acres were sold to
another party. This portion of the request appears to be speculative and there is
not adequate demonstration of the need for additional commercial acreage in the
Kalsin Bay Area, either to serve the resident population or the traveling public.
There is currently 35 acres of RNC zoned land at the head of Kalsin Bay when
the land near the Kalsin Bay Inn is considered. With a minimum lot size of two
acres, that represents a considerable potential for further subdivision and
development.
Lot 7, Northland Ranch Subdivision is contiguous with the other six lots on the
east side of Pasagshak Road physically separated from Tract A, Northland
Ranch Subdivision by a 100 foot right -of -way easement to the Alaska
Department of Transportation & Public Facilities. The majority of Lots 1 through 7
are zoned C- Conservation, with Lots 3 and 4 being zoned RNC -Rural
Neighborhood Commercial (Case 08 -006). In terms of the "Conservation
Subdivision" concept promoted by the petitioner and the practical aspects of
creating a self- contained community identified by staff, it appears to be
speculative and a stretch, at this time, to include Lot 7 in the context of the other
more compelling justifications presented in this case.
Kodiak Island Borough Ordinance No. FY2009 -18
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17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
The rezone of Tract A, Northland Ranch Subdivision from C- Conservation to
RR2 -Rural Residential Two will provide a balanced approach to the
implementation of the 2008 Kodiak Island Borough Comprehensive Plan Update.
The land uses permitted in the RR2 -Rural Residential Two zoning are more
restrictive than the current C- Conservation zoning district. This will allow the
development of a more residential subdivision rather than a zone that allows
small scale lodges, agricultural uses, and fishing activities on a five acre lot. In
many regards although the RR2 zone allows more density of development, one
could consider this a "down zone" in terms of the allowable uses and the kind of
mixed development that would no doubt occur if the land remains C-
Conservation through the subdivision and development process. Recent
improvements to the Chiniak Highway have made the road more suitable to
support commuting to Kodiak, although it is expected that a certain percentage of
homes in this area will be second homes or vacation homes.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS FIFTH DAY OF MARCH, 2009
M. Javier, CMC, = - ough Clerk
KODIAK ISLAND BOROUGH
Kodiak Island Borough Ordinance No. FY2009 -18
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