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BELLS FLATS LT TR D-2 OF TR A - Rezone:odiak island Borough ssembly Newsletter Vol. FY2012, No. 17 March 16, 2012 At its Regular Meeting of March 15, 2012, the Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the Employee of the Year Award to Martha Barnett, interpretive Specialist/Receptionist at the Kodiak Fisheries Research Center. ADOPTED Ordinance No. FY2012-16 Rezoning D-2 of Tract A, Bells Flats, Alaska Subdivision F Industrial To LI-LighttidustriallP&Z Case 12-027). REVERSED AMENDMENT, AUTHORIZED the Manager to Execute the Consent Assignment to Approve the Change of Contractor for the Solid Waste Contract Due to Buyout of Alaska Pacific Environmental Services of Anchorage, LLC, DBA Alaska Waste ADOPTED Resolution No. FY2012-25 Disposal of Borough Owned Land to the City of Ouzinkie for Less Than Fair Market Value (P&Z Case 12-013). Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak Island Borough's website www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, April 5, 2012, at 7:30 p.m. in the Borough Assembly Chambers. 1 Introduced by: Borough Manager 2 Requested by: Drafted CDD Director rafted by: CDD Director 3 Introduced: 03/01/2012 4 Public Hearing: 03/15/2012 5 Adopted: 03/15/2012 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2012-18 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING D-2 OF TRACT A, BELLS FLATS, ALASKA SUBDIVISION 12 FROM I-INDUSTRIAL TO LI- LIGHT INDUSTRIAL (P82 CASE 12-027) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone a tract of 15 land 1.53 acres in size and located in the Bells Flats Subdivision in Womens Bay from I- 16 Industrial Zoning District to LI-Light Industrial Zoning District; and 17 18 WHEREAS, the Commission held a publicly advertised meeting consistent with KIB 19 17.205.040; and 20 21 WHEREAS, the Commission voted to recommend to the Borough Assembly that this large 22 lot be rezoned finding that the public necessity, convenience and general welfare and good 23 zoning practice would be forwarded by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is of a general and permanent nature and shall not become a 32 part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: D-2 of Tract A, Bells Flats, Alaska Subdivision is rezoned from I- Industrial to 35 LI- Light Industrial. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 38 are hereby confirmed as follows: 39 40 17.72.020 A. Findings as the Need and Justification for a Change or 41 Amendment. 42 43 The rezone of D-2 of Tract A, Bells Flats Alaska Subdivision is necessary to 44 implement the recommended . goals and objectives of the 2006 Womens Bay 45 Comprehensive Plan. The rezone promotes the rural residential character of Kodiak Island Borough Ordinance No. FY2012-18 Page 1 of 2 • Di 01, 46 the community and encourages the discontinuation and phasing out of 47 heavy industrial uses in the area. The rezone would provide benefit to the 48 land owner and preserve the current and planned use of the site for light 49 industrial purposes while providing assurance to the community that the site 50 will not be redeveloped for heavy industrial use in the future. 51 52 17.72.020 B. Findings as to the Effect a Change or Amendment would 53 have on the Objectives of the Comprehensive Plan, 54 55 The rezone of D-2 of Tract A, Bells Flats Alaska Subdivision from I-Industrial 56 to LI-Light Industrial will provide an incremental movement towards 57 conformity with the 2006 Womens Bay Comprehensive Plan. The rezone 58 advances the objectives of the comprehensive plan as it relates to the 59 Womens Bay community. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS FIFTEENTH DAY OF MARCH, 2012 63 64 65 66 67 68 69 70 ATTEST: 71 72 73 74 Nova M. Javier, VIMC, Borough Clerk KODIAK ISLAND BOROUGH r- Je Selby, Borough-Ma -or Kodiak Island Borough Ordinance No. FY2012-18 Page 2 of 2 KODIAK ISLAND BOROUGH AGENDA STATEMENT REGULAR MEETING OF: MARCH 15, 2012 ITEM NO.: 9.A TITLE: Ordinance No. FY2012-18 Rezoning Tract 2 of Tract A, Bells Flats, Alaska Subdivision From I-Industrial To LI-Light Industrial (P&Z Case 12-027). ORIGINATOR: Community Development Director FISCAL IMPACT: Yes $ or Fr No Funds Available El Yes Ei No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2012-18; P&Z Case Packet 12-027 APPROVAL FOR AGENDA: SUMMARY STATEMENT: A petition for the rezone of Tract 2 of Tract A, Bells Flats, Alaska Subdivision in Womens Bay came as a request before the commission. The commission voted unanimously to approve this rezoning request because it was consistent with the Womens Bay Comprehensive Plan which discourages I-Industrial zoning in the community and it met the needs of the owner to build closer to the property line. Clerk's Note: Five public hearing notices were mailed on Monday, March 5, 2012. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2012-18. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: CDD Director Drafted by: CDD Director 3 Introduced: 03/01/2012 4 Public Hearing: 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2012-18 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING D-2 OF TRACT A, BELLS FLATS, ALASKA SUBDIVISION 12 FROM I-INDUSTRIAL TO LI- LIGHT INDUSTRIAL (1282 CASE 12-027) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone a tract of 15 land 1.53 acres in size and located in the Bells Flats Subdivision in Womens Bay from I- 16 Industrial Zoning District to LI-Light Industrial Zoning District; and 17 18 WHEREAS, the Commission held a publicly advertised meeting consistent with KIB 19 17.205.040; and 20 21 WHEREAS, the Commission voted to recommend to the Borough Assembly that this large 22 lot be rezoned finding that the public necessity, convenience and general welfare and good 23 zoning practice would be forwarded by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is of a general and permanent nature and shall not become a 32 part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: D-2 of Tract A, Bells Flats, Alaska Subdivision is rezoned from I- Industrial to 35 LI- Light Industrial. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 38 are hereby confirmed as follows: 39 40 17.72.020 A. Findings as the Need and Justification for a Change or 41 Amendment. 42 43 The rezone of D-2 of Tract A, Bells Flats Alaska Subdivision is necessary to 44 implement the recommended goals and objectives of the 2006 Womens Bay 45 Comprehensive Plan. The rezone promotes the rural residential character of Kodiak Island Borough Ordinance No. FY2012-18 Page 1 of 2 46 the community and encourages the discontinuation and phasing out of 47 heavy industrial uses in the area. The rezone would provide benefit to the 48 land owner and preserve the current and planned use of the site for light 49 industrial purposes while providing assurance to the community that the site 50 will not be redeveloped for heavy industrial use in the future. 51 52 17.72.020 B. Findings as to the Effect a Change or Amendment would 53 have on the Objectives of the Comprehensive PIan. 54 55 The rezone of D-2 of Tract A, Bells Flats Alaska Subdivision from I-Industrial 56 to L|-Light Industrial will provide an incremental movement towards 57 conformity with the 2006 Womens Bay Comprehensive Plan. The rezone 58 advances the objectives of the comprehensive plan as it relates to the 59 Womens Bay community. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2012 63 64 KODIAK ISLAND BOROUGH 65 66 67 68 Jerome M. Selby, Borough Mayor 69 70 ATTEST: 71 72 73 74 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2012-18 Page 2of2 January 19, 2012 Mr. Jeff Steele PO Box 3369 Homer, AK 99603 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486-9396 www.kodiakak:us Re: Case, 12-027. Request, a rezone, according to K:I'B"C. 17:205, to consider a change of zoning from I- Industrial (KIBC 11.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. Dear Mr. 'Steele; The Kodiak Island Borough Planning & Zoning Commission attheir meeting on January 19, 2012 moved to forward• the request cited above, recommending approval, to the Borough Assembly, Please contact the Borough Clerk's Office at 486- 9310 for information on when your case will be scheduled for a first :reading and public hearing before the Assembly. According to. KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within. thirty days after the planning commission has acted favorably upon a proposed zoning: change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed :ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assemlby shall act M accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. if the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within "ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recomreridation to the assembly: Pagel of 2 FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone of Tract D-2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 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 D-2 of Tract A, Bells Flats Alaska Subdivision from I-Industrial to LI- Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any constriction activities. If you have any questions .about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, ::)net(2a- 1/30 Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission C) Case 12-027. Request-a rezone, accordingto KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) -for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. The applicant is Jeff Steele and the agent is Ken Knowles: The location is 220 Sargent Creek Road and the zoning is I- Industrial. Cassidy reported the original application was for a variance but it was withdrawn from December's meeting. The applicant is requesting to rezone to Light Industrial which aids his effort to build these min i warehouses. Staff recommends approval because it meets the objectives of the Womens "Bay. Comprehensive Plan that talks about,phasing out some of the heavy industrial kinds of uses. Staff recommends the commission approve this rezone with a recommendation to the Assembly to rezone. COMMIISSIONER.SCHMITT MOVED recommend that the Kodiak Island. Borough Assembly approve a rezone, according to KIBC 17.265, of Tract D -2 of Tract A, Bells :Flats Alaska Subdivision, from I- Industrial to :LI -Light Industrial, and to adopt the findings contained in the staff report dated'December 22; 2011. as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment: The rezone of Tract D-2 of Tract Ai Bells Flats; Alaska Subdivision is_ necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the ,discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing .assurance to the .community that the site will not be redeveloped for heavy industrial use in the future. 17.72.020 B. Findings as to the Effect a Change or Attendnnent Would have:; on the Objectives of the Comprehensive. Plan. The rezone of Tract D -2 of Tract A, Bells Flats Alaska Subdivision from I- Industrial to LI- Light Industrial will provide an 'incremental movement towards conformity with the 2006 .. Womens- Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. ROLL CALL VOTE CARRIED UNANIMOUSLY VOTE OLD BUSINESS There was no new business NEW BUSINESS A) Elections - Chair &.Vice Chair Cassidy stated the commissioner holds elections every year for chair and vice chair. CHAIR TORRES openednominations for chair 1/18/2011 P &Z Minutes Page 4 of 6 NOVEMBER 30, 2011 PLANNING AND ZONING KODIAK ISLAND BOROUGH TjEcEllvE DEC ' 1 2011 COMMUNI1Y DEVELOPMENT DEPARTMENT REQUEST FOR RE -ZONE TRACT D.2 OF TRACT .A, .BELLS FLAT PLAT 88 ■20 PROPERTY ID ft R- 90020040000 WE ARE REQUESTING A RE -ZONE OF THE ABOVE REFERENCED PROPERTY FROM I •- INDUSTRIAL., CHAPTER 17.105, TO LI M- LIGHT INDUSTRIAL, CHAPTER 17.120. THE PREVIOUS REQUEST FOR A VARIANCE FROM THE SETBACK REQUIREMENTS OF A STRUCTURE TO BE BUILT ON THE REFERENCED PROPERTY IS WITHDRAWN. FURTHER INVESTIGATION OF THE i6LI" CLASSIFICATION INDICATES THAT IT MORE CLOSELY MATCHES THE CURRENT AND FUTURE USES OP THE SUBJECT PROPERTY, AND ALLOWS FOR MORE LATITUDE IN PLACEMENT OF STRUCTURES. FINDINGS OF FACT IN THE STAFF REPORT FROM THE PREVIOUS REQUEST FOR. A VARIANCE, CASE *12.017, STATED ON PAGE 7 OF 8 " THE LI -LIGHT INDUSTRIAL ZONING DISTRICT APPEARS TO ALLOW ALL OF THE USES CURRENTLY EXISTING ON THE SITE AND THIS ZONE HAS NO YARD SETBACK REQUIREMENTS. GIVEN THE DISCOURAGING NATURE OF THE 2006 WOMEN'S BAY COMPREHENSIVE PLAN UPDATE TOWARDS INDUSTRIAL USES, THIS TYPE OF REZONE WOULD ELIMINATE POTENTIAL HEAVY INDUSTRIAL USE IN FAVOR OF RELAXED SETBACKS MIGHT BE THE BEST COURSE OF ACTION FOR THE PETITIONER AND THE COMMUNITY" WE THEREFORE REQUEST THIS REZONE TO LI -LIGHT INDUSTRIAL BE GRANTED. KEN KNOWLES, AGENT FOR: JEFF STEELE, OWNER D) Case 12,025. Request a Review of proposed Assembly cirditianCe that seeks to exempt hoop house installation from the requirements of the Borough zoning code by relaxing various zoning regulations affecting setbacks, lot coverage, building height and the installation of hoop houses on a lot withmita main structure, The applicant is the Kodiak Island Borough Assembly. The location is various residential zoning districts throughout theisland and the zoning varies. Cassidy reported presently staff looks at hoop houses as an accessory building That have regulations associated with its height setback, and location. Staff has been working With, gardeners in crafting a new ordinance. This Ordinance promotes hoop houses by relaxing the typical building and zoning regulations. The borough attorney has, helped draft it. COMMISSIONER VAHL MOVED to forward Ordinance FY2010, an ,ordinance relaxing portion of Title. 15 (Building Code) and Title 17 (Zoning Cade) to the Borough Assembly recoil-nending that this ordinance be adopted and incorporated into the Borough code. The public hearing was opened & closed.,Public testimony Was giVen by: Marie Rice spoke in support Of the request stating she has been hoop housing Jong for years. Rice also thanked,the commission: Marion Owen spoke in support of the request thanking the commission and stating it takes a lot of courage for a community to embrace something new like hoop houses. During discussion, commissioners expressed concern with drainage issues and the 1 foot setback. There was consensus to Amend the motion to add to have a review every 2 years of the ordinance and strike the.werd"plastie from lines 74 and 94. COMMISSIONER WAT}CINS MOVED to amend the motion to add "Whereas, there will be a review .every two years of this ordinance, and to strike the word "plastic" from lines- 74 'and 54:" ROLL CALL VOTE ON,MOTION TO AMEND CARRIED •UNANIMOUSLY ROLL,CALL VOTEON MOTIONAS AMENDED CARRIED UNANIMOUSLY El Case 12-017. Request a Variance, frOm KIBC. 17.105.040.0 (RearTards), in accordance with KIBC 17.195.050 (Variances), to allow the construction of a building encroaching fifteen feet into the required twenty foot rear yard setback. The applicant is Jeff Steele and-the agent is Ken Knowles. The location is220 Sargent Creek Road and the zoriingis Cassidy reported the applicant has withdrawn his request for a variance and he will have a rezone before you at thelanuary regular meeting. OLD BUSINESS There was none. NEW BUSINESS There was. none: COMMUNICATIONS A) November Planning &Zoning Case Results Letters B) Letter of Courtesy & Advisory Re: Storage and Processing Junk Vehicles On Property Not Zoned For Use C) Letter of Courtesy & Advisory Re: Vehicle Storage on Property Not Zoned For Such Use D) Letter of Frespass E) Letter of Courtesy & Advisory Re: Gravel Extraction F) Notice of Trespass Cassidy gavea briefreporton the communications. 12/21/2011 P&Z Minutes Page,5 of 6 Excerpt from 200-f vvurnens Bay Comprehensive Plan Chapter 4. Goals and Objectives Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bai, Community. Objectives: a) Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goal: Minimize conflict between different land uses within the Womens Bay Area. Objectives: a) Create a buffer zone between existing industrial and residential, use areas. b) Develop light and noise standards for non-residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Goal: identify and designate areas for public access in Womens Bay. Objectives: a) Provide an area for public launch sites for skiffs and small pleasure craft. b) Provide public access to the shoreline for recreational purposes including skiffs and small pleasure craft. c) Support the KIB Parks and Recreation Committee's efforts to provide transportation trails for motorized and non-motorized vehicles (Le. ATV trails, foot paths, bike paths, horse trails, etc.) in the planning area. d) Develop transportation trails for non-motorized vehicles (i.e. foot paths, bike paths, horse trails, etc.) Goal: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objectives: a) Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. b) transition the location of industrial and gravel uses out of the immediate Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 35 Appendix - Page 3 of 10 December 2006 Excerpt from 200i 'ions Bay Comprehensive Plan residential area c) :Regulate hours and day of oPeration andpermitted,aotiVities to minimize conflicts with adjacent residential areas as provisions in lease agreements. Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area . Objectives: a) Change the area's name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. b) Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use Area. Public Health/Safetv and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use; or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. d) Protect the Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Goal: Ensure adequate public services for the Womens Bay planning area. Objectives: a) Identify and prioritize needed road improvement projects in the WBC. b) Provide better fire service in the planning area. c) Addresses problems associated with private water/sewer systems. d) Provide an upgraded emergency evacuation shelter and support emergency procedures education. e) Support positive bear management practices as described in the Kodiak Archipelago Bear Management Plan. f) Designate a suitable location for a community cemetery. g) Designate a suitable location for a community school. h) Improve waste collection and disposal — Provide a transfer station and recycling center to be located in the core area. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 36 Appendix - Page 4 of 10 December 2006 Excerpt from 200"I'Vv6rnens Bay Comprehensive Plan Chapter 6. Recommended Land Use Map LAND USE POLICIES This chapter presents policy statements for each land use category. The Recommended Land Use Map, (Map 12), is on page 48. Each land use category has different characteristics and considerations that must be brought into focus in order to provide for effective and reasonable Plan implementation through public investment, zoning and other regulations. Public Open Space Public open space areas are comprised of public parks, natural areas, greenway paths and existing major public opens spaces and recreational areas in the Womens Bay Planning Area. These public open spaces receive heavy recreational usage during all seasons of the year. Hunting, hiking, fishing, camping and picnicking opportunities draw many visitors to the Kodiak Island Borough who contribute to the local economy. These public open space areas will continue to play an important role in serving the Womens Bay residents and the local tourism economy. The Plan identifies about 90 acres of public use land zoning as well as park areas. Floodplains, riparian areas, steep slopes, wetlands and water supply watersheds are environmentally sensitive areas and carry inherent development constraints if they are to continue to function in their essential roles as part of the natural environment. Environmental protection overlay districts should be established for these areas. The Plan adopts the value that these special environments should be reserved and remain undeveloped and undisturbed, with the exception of non-invasive recreational uses. The Plan recognizes that all economic and recreational needs of Borough residents and property owners can be adequately accommodated on other accessible lands not impacted by such environmental features. Where public improvements are considered, the development of these improvements should be handled with great care and public scrutiny. The Plan supports conservation of these environmental resources through public reservation, regulation and, where necessary, acquisition. Industrial This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution/warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply, lack of incompatible existing land use and topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to the blasting, dust and heavy trucking operations. Areas around quarries where active blasting is occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource Extraction uses include all uses associated with the operation of quarries, such as the Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 47 Appendix - Page 5 of 10 December 2006 (-- Excerpt from 200Pvvomens Bay Comprehensive Plan extraction, storage, processing and transportation of the quarry product. Business The character of the category is defined as that which is primarily intended to meet the essential business needs and convenience of Womens Bay area residents. Commercial uses may include a grocery, drug store, and branch dry cleaning establishments as examples. Compatible small-scale industrial uses can also be located in these areas, Business uses should be placed into cohesive groupings rather than on individual properties along the highways and access control should be emphasized. its purposes are: to encourage the development of groups of nonresidential uses that share common highway access and/or provide interior cross access in order to allow traffic from one business to have access to another without having to enter the highway traffic; to discourage single family residential uses; to protect environmentally sensitive areas, and to maintain the character of the surrounding neighborhoods. Opportunities for business uses; such as, small-scale shops, home occupations and cottage industries, may be appropriate outside these areas as well. Residential The new residential development should be at a minimum lot size of RR1 (40,000 square feet) for existing lots. Other residential uses are also encouraged within this land use category at a density appropriate to ensure adequate water supply and wastewater treatment on-site. The mix of dwellings should be organized into a rational development pattern, rather than random lot-by-lot development. The B tracts would be converted into Open Space land and some potential residential development sites. It is not encouraged to develop residential uses adjacent to the B tracts if the industrial uses remain for the long term in their present location as this is contradictory to the objective of buffering residential uses from industrial uses. Institutional This category is defined as that which is primarily intended to accommodate uses of a governmental, civic, public service, or public institutional nature, including major public facilities, public utilities, and local government-owned property. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 48 Appendix - Page 6 of 10 December 2006 0 e.e_ - xnuadd.4 omens Bay Land Use Map Womens Bay Comprehensive Plan Update —49— December 2006 a a 3 s eid anisuayaidwo 763.594.71 1,369,917.43 ■,.. Vol. FY2012, No. 16 March 2, 2012 At its Regular Meeting of March 1, 2012, the Kodiak Island Borough Assembly Took the Following Actions: PROCLAIMED the Month of March 2012 as "National Women's History Month" Urging Residents to Increase Their Knowledge and Appreciation of the Valuable Role Women Play in Our Lives. PRESENTED the Student of the Month Award for March 2012 to Danielle Christiansen, a Junior at Old Harbor School. ADOPTED Resolution No. FY2012 -24 Supporting Senate Bill SB155 and House Bill HB279 Extending the Termination Dates of the Alaska Seismic Hazards Safety Commission. ADVANCED Ordinance No. FY2012 -18 Rezoning D -2 of Tract A, Bells Flats, Alaska Subdivision From (- Industrial To LI -Light Industrial (P &Z Case 12 -027) to Public Hearing at the Next Regular Meeting of the Assembly. CONFIRMED the Assembly Appointment of Mr. Dan Rohrer to the Board of Equalization for a Term to Expire December 2014. CONFIRMED the Assembly Appointment of Ms. Brenda Zawacki to the Personnel Advisory Board for a Term to Expire December 2014. CONFIRMED the Mayoral Appointment of Mr. Al Burch to the Prince William Sound Regional Citizens' Advisory Council for a Two -Year Term to Expire May 2014. AMENDED, POSTPONED Authorizing the Manager to Execute the Consent Assignment to Approve the Change .of Contractor for Solid Waste Contract Due to Buyout of Alaska Pacific Environmental Services of Anchorage, LLC dba Alaska Waste. Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak Island Borough's website www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, March 15, 2012, at 7:30 p.m. in the Borough Assembly Chambers. C) Case 12-027. Request a rezone, according to KIBC 17.205, to consider a change of zoning from I-Industrial (KIBC 17.105) to LI-Light Industrial (KIBC 17.120) for Tract D-2 of Tract A, Bells Flats Alaska Subdivision. The applicant is Jeff Steele and the agent is Ken Knowles. The location is 220 Sargent Creek Road and the zoning is I- Industrial. Cassidy reported the original application was for a variance but it was withdrawn from December's meeting. The applicant is requesting to rezone to Light Industrial which aids his effort to build these mini warehouses. Staff recommends approval because it meets the objectives of the Womens Bay Comprehensive Plan that talks about phasing out some of the heavy industrial kinds of uses. Staff recommends the commission approve this rezone with a recommendation to the Assembly to rezone. COMMISSIONER SCHMITT MOVED recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205, of Tract D-2 of Tract A, Bells Flats Alaska Subdivision, from I-Industrial to LI-Light Industrial, and to adopt the findings contained in the staff report dated December 22, 2011 as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony. Brief discussion FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone of Tract D-2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 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 D-2 of Tract A, Bells Flats Alaska Subdivision from I-Industrial to LI- Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. ROLL CALL VOTE CARRIED UNANIMOUSLY OLD BUSINESS There was no new business NEW BUSINESS A) Elections - Chair & Vice Chair Cassidy stated the commissioner holds elections every year for chair and vice chair. CHAIR TORRES opened nominations for chair 1/18/2011 P&Z Minutes Page 4 of 6 January 19, 2012 Mr. Jeff Steele PO Box 3369 Homer, AK 99603 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 12-027. Request a rezone, according to KIBC 17.205, to consider a change of zoning from I-Industrial (KIBC 17.105) to LI-Light Industrial (KIBC 17.120) for Tract D-2 of Tract A, Bells Flats Alaska Subdivision. Dear Mr. Steele: The Kodiak Island Borough Planning & Zoning Commission at their meeting on January 19, 2012 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: Page 1 of 2 FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone of Tract D-2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 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 D-2 of Tract A, Bells Flats Alaska Subdivision from I-Industrial to LI- Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, fle-P-Q-Ct tO Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission Public Hearing Item 7 -C Current Location P & Z Case # 12 -027 Owner: Jeff Steele Agent: Ken Knowles Request: An investigation, according to KIBC 17.205.030.0 to rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I- Industrial to LI -Light Industrial. Kodiak Island Borough GIS Legend \V .Ab. i s 1 r t 1 1 t t 1 _, This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. this map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Introduction - Page 1 of 6 Public Hearing Item 7 -C Kodiak Island Borough Zoning Map Community Development Department Current Zoning P & Z Case # 12 -027 Owner: Jeff Steele gent: Ken Knowles Request: An investigation, according to KIBC 17.205.030.0 to rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I- Industrial to LI -Light Industrial. Zoning Legend Multi Family Residential t I Light Industrial Business Rural Neighborhood Commercial Urban Neighborhood Commercial Natural Use Public Use Lands [_ J Rural Residential 1 Watershed ] Rural Residential 2 Conservation [ Single Family Residential Rural Residential [ J Two Family Residential Retail Business Industrial This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 3 of 6 Public Hearing Item 7 -C Kodiak Island Borough Land Use Map Community Development Department Current Use P & Z Case # 12 -027 Petitioner: Jeff Steele Agent: Ken Knowles Request: An investigation, according to KIBC 17.205.030.0 to rezone Tract D -2 of Tract A, Bells Flats Alaska Subdivision, from I-Industrial to LI -Light Industrial. 245 490 950 r r r 1 i 1 i 1 Feet VAC VAC = Vacant IND = Industrial SFR = Single- family Residential GRS = Gear Shed MHR = Mobile Home Residence 1ST = Institutional This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 5 of 6 Public Hearing Item 7-C KODIAK ISLAND B01.:(JGH - COMMUNITY DEVEL0h71AT DEPARTMENT 710 Mill Bay Rd, Room 205, KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396 www.kib.co.kodiak:ak.us _2.20 Cp2AK Property Infoirriatfon 2-aue3 Applicant Information Nj(,--cc q76Z-,26- Property owner's name 7S.&/4. Property owner's mailing address /749/lie Wle 63 City State Zip QN7- 447.224g Home phone Work Phone teeA) /CAM Agent's name (If applicable) Agent's mailing address E-mail Addr. City State • Zip •&221' Home phone Work Phone E-mail Addr. /l5A109-ci,apt Property ID Number/s Cr, b.-2 op —ore.,{- I A'S "Plar. f3421 ZD Legal Description Current Zoning: .1) Applicable Comprehensive Plan: 2°040 CarV"Vc Bt. Year of Plan adoption: 2.ae6 Present Use of Property: Woke...Loy st.41,e. Proposed Use of Property: (?Aelib-e— 4v LI:— titiv6 :1•44.5401-0 (Note: Use additional sheets, if needed, to provide a complete descriptiOri of the proposed request.) Applicant Certification I hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted In accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plani for variance and conditional use requests and which may Include optional supporting documentation as Indicated below. • Additional Narrative/History ' As-built Survey Amp Property Owner's Signature Date Photographs Maps Other W.-er,g/‘;' Authorized Agent's Signature Date A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, Including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; Walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made, by the approving'authortty. (Source: The New Illustrated Book of Development Definitions; ©1993 by Rutgers University) • STAFF USE ONLY Code Section(s) Involved: 14. 1 20 LI: —L4tek -4. (0 C- 27: —7-1644.06,TrA Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance reques , site la review, etc.) $150.00 )0 Zoning change from (KIBC 17.72.030 and 030.C)* Application received by: Staff signature PAYMENT VERIFICATION (pci' 1<itt izo4sent-it),:: Bototigh FinapeeDenatfolt Application - Page 1 of 4 NOVEMBER 30, 201 1 PLANNING AND ZONING KODIAK ISLAND BOROUGH Public Hearing Item 7 -C EVEINE if)) DEC - 1 2011 COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR RE-ZONE TRACT D-2 OF TRACT A. BELLS FLAT PLAT 88 -20 PROPERTY ID * R•90020040000 WE ARE REQUESTING A RE =ZONE OF THE ABOVE REFERENCED PROPERTY FROM I -M INDUSTRIAL, CHAPTER, 17.105, TO LI - LIGHT INDUSTRIAL, CHAPTER 17.120... THE PREVIOUS REQUEST FOR A VARIANCE FROM THE SETBACK REQUIREMENTS OF A STRUCTURE TO BE BUILT ON THE REFERENCED PROPERTY IS WITHDRAWN. FURTHER INVESTIGATION OF THE "LI" CLASSIFICATION INDICATES THAT IT MORE, CLOSELY 'MATCHES THE CURRENT AND FUTURE. USES OF THE SUBJECT PROPERTY, AND ALLOWS FOR MORE LATITUDE IN PLACEMENT OF STRUCTURES. FINDINGS OF FACT IN THE STAFF REPORT FROM THE PREVIOUS REQUEST FOR A VARIANCE, CASE *12-017, STATED ON PAGE 7 OF 8 " THE LPLIG'HT INDUSTRIAL ZONING DISTRICT APPEARS TO ALLOW ALL OF THE USES CURRENTLY EXISTING ON THE SITE AND THIS ZONE HAS NO YARD SETBACK REQUIREMENTS. GIVEN THE DISCOURAGING NATURE OF THE, 2006 WOMEN'S BAY COMPREHENSIVE PLAN UPDATE TOWARDS INDUSTRIAL.USES, 'rims TYPE OF REZONE WOULD ELIMINATE POTENTIAL HEAVY INDUSTRIAL USE IN FAVOR OF RELAXED SETBACKS MIGHT BE THE BEST COURSE OF .ACTION FOR THE PETITIONER AND THE COMMUNITY" WE THEREFORE REQUEST THIS REZONE TO_ LIMLIGHT INDUSTRIA GRANTED. KEN KNOWLES. AGENT FOR: JEFF STEELE, OWNER Application - Page 2 of 4 EZOPA SARGENT- CREEK ROAp 04,46_,DfdvE:- 'ACCESS AND UTILITY EM 038%32 • • -•••••••.•::2-•••":"•7•=.—. --- MAT tiumsei PILED OY, 10,10; • -000UES 0 u. SAY • .150O0ot, Almsg...4 60015 • °W HIP BOE4VIT '‘) At if alas IIE MAW .1 FM 0561333 41( WA sew TRACT 0-2 3 ACRES 333.56 4-13'2B" ID SI 4111511,570 1/111'40 NAM Cr 1,6 W36 616 UNITED STATES COAST GOARO SUBJECT TO ALL. CONVITIONS,,STNTUDE'S, EA • Efirs, COviNJs RESERVATION , REMICTIO.NS AND ,RIGHTS. OF WAY OFgcop. esesi56iiimilao. 60. o REFERENCE 'TRW 88'.-204EOCIRDED IN THE KODAK RECORDING DISTRICT JUN 1, 1988. At'264911 lifge"..1:2Z2Di afr.rbriitoliiiiimicuisicai Lew _ 0.2 Or•le,00E;OUY 06002) KIZT •GF racr Amu fun Au% wax KW PO OF USS•2249 INWINNI■10111, Public Hearing Item 7 -C Public Comment - Page 1 of 4 Current Location Request a rezone, according to KIBC 17.205, 220 Sargent Creek Rd to consider a change of zoning from I- Industrial P & Z Case 12 -027 (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) Jeff Steele for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. l�,£8KR88o li 2 665 iiiLl KR Y o^ btlryo ryn'S ce m IPPIk4 N 4, A s,4, ‘■ • �• pno Kodiak Island Borough GIS Legend ''r\ . Subject Parcel Peet 90 1,580' i 1 1 J._ i r r i Notification Area I his map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Public Comment - Page 1 of 4 Public Hearing Item 7 -C KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 December 7, 2011 Public Hearing Item 7-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, January 18, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 12 -027 Jeff Steele Ken Knowles A rezone, according to KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. 220 Sargent Creek Road I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, January 6, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith(a,kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, January 11, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. lour Name: Mailing Address: lour property description: ( unim(nts: Public Comment - Page 2 of 4 UNITED STATES COAST GUARD P.O. BOX 5 KODIAK, AK 99619 STEELE PROPERTIES JEFF STEELE PO BOX 3369 HOMER, AK 99603 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 K LIVESTOCK CO-OP P.O. BOX 273 KODIAK, AK 99615 Public Comment - Page 3 of 4 Public Hearing Item 7-C BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 Public Hearing Item 7-C MEMORANDUM DATE: December 22, 2011 TO: Planning and Zoning Commission FROM: Duane Dvorak, Associate Planner Community Development Department SUBJECT: Information for the January 18, 2012 Regular Meeting CASE: 12-027 APPLICANT: Jeff Steele AGENT; Ken Knowles REQUEST; An investigation, according to KIBC 17.205.030 (C) to D-2 of Tract A, Bells Flats Alaska Subdivision, from LI-Light Industrial. LOCATION: Tract D-2 of Tract A, Bells Flats Alaska Subdivision; Creek Road ZONING: I-Industrial Five (5) public hearing notices were mailed on December 7, 2011. Date of site visit: 1. Zoning History: rezone Tract I-Industrial to 220 Sargent November 2, 2011 The 1982 Womens Bay Community Plan identified this area as Industrial. Tracts D-1 and D-2 of Tract A, Bells Flats Alaska Subdivision were rezoned from Unclassified to 1- Industrial by Ordinance 69-30-0. Two variances were granted to adjoining Tract D-1 to build a structure on an existing foundation that encroached within the front yard setback along Sargent Creek Road, Cases 88-046 and 93- 001. 2. Lot Size: 3. Existing Land Use: 4. Surrounding Land Use & Zoning: North: Use: Zoning: South: Use: Zoning: 1.53 Acres Shop, Warehouse, Outdoor Storage Lot 4, Block 2 of Tract A, Bells Flats Alaska Subdivision Vacant PL-Public Use Land Zoning District Tract D-1 of Tract A, Bells Flats Alaska Subdivision Storage I-Industrial Zoning District Staff Report - Page 1 of 6 Public Hearing Item 7-C East: Lot 7, U.S. Survey 2539 Use: Vacant Zoning: C-Conservation West: Block 3 of Tract A, Bells Flats Alaska Subdivision Use: Industrial Zoning: Industrial Zoning District 5. Comprehensive Plan: The 2007 Womens Bay Comprehensive Plan Update identifies this area as Residential. (Note: staff believes this designation may have been in error, however it is clear from the plan narrative that industrial uses are not encouraged in the body of the plan. For example, the plan map shows the "B" Tracts designated for Recreation/Industrial, an indication of the eventual transition of this site from resource extraction to a reclaimed recreation area. The "Slaughterhouse" site is also designated for Commercial use even though the site is current zoned I-Industrial) • 6. Applicable Regulations: The following sections of Title .17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KODIAK ISLAND BOROUGH TITLE 1.7 - ZONING 17.05.020 Purpose. It is the purpose of this title to promote public health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. 17.05.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. Staff Report - Page 2 of 6 ) Public Hearing Item 7-C 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.1.0.030 Comprehensive plan. For the purpose of this title, .the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough;... *** *** *** *** *** *** F. Womens Bay Comprehensive Plan Update. Prepared by the Womens Bay community and the Kodiak Island Borough community development department. (Adopted by Ordinance No. FY2007-12, dated March 15, 2007);... I-Industrial LI-Light Industrial 17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: 17.120.020 Permitted principal uses and structures. The following land uses and activities are permitted in the light industrial district: A. All uses permitted in B business district, except residential; A. Automobile service stations; B. Aircraft, automobile and truck assembly or remodeling; B. Automobile and boat sales, storage, and repair; C. Asphalt batch and mixing plant, manufacturing or refining; C. Manufacturing (e.g., boat building, crab pot construction, cabinet making, welding and fabrication, etc.); D. Assembly of music and vending machines; D. Outdoor storage, when screened by a sight-obscuring fence a minimum of six feet in height; E. Auction business; E. Retail stores and service shops (e.g., beauty shops, clinics, grocery stores, professional offices, etc.); F. Beverage manufacturing; F. Warehouses; G. Boat building, repair and storage; G. Wholesaling and distributing operations (excluding • bulk fuel operations); H. Cabinet shops; H. A dwelling unit used by the owner or by a caretaker, manager, and family when located on the premises where they are employed in such a capacity; I. Concrete mixing batch plants; I. Utility and service uses (e.g., substations, etc.); and J. Coal storage yards; J. Kodiak Municipal Airport (landing strip and Lilly Lake float plane access), until adequate replacement facilities are established. K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; 0. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; Staff Report - Page 3 of 6 Public Hearing Item 7-C U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; f. CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. I-Industrial LI-Light Industrial 17.105.020 Conditional uses. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: 17.85.020 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Acetylene gas manufacture or storage; A. New airports (when a facility is granted a CUP, all aviation-related uses will be considered permitted uses); B. Ammonia, bleaching powder or chlorine manufacture; B. Institutional facilities (e.g., hospitals, fire stations, group homes, correctional facilities, etc.); and , C. Cement, concrete, lime and plaster manufacture; C. Junkyards and salvage yards. D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. 2 ti7)14 A6, STAFF COMMENTS This case is related to recent Variance Case 12-017 which was withdrawn by the applicant after being postponed at the November 2011 regular commission meeting. The petitioner was requesting a variance to allow a 25 by 125 foot ministorage warehouse to be located 15 feet into the required 20 foot rear yard setback. During the review for that case staff had indicated that an alternative to the variance might be to request .a rezone to LI-Light Industrial which seems to allow for the existing and proposed uses on the site. The attractive feature for the land owner is that in exchange for the more limited list of land uses available on this site the site would no longer have the onerous setback requirements of the I-Industrial zone. Although the request may appear on the surface to be a spot zoning of a single lot, staff believes that the Womens Bay Comprehensive Plan supports the reduction of industrial zoned land uses wherever and whenever possible. In this context, the change of zoning for a single lot may be considered appropriate if it is consistent with the goals and objectives of the applicable comprehensive plan and serves the interests of the larger community. Staff believes this request meets the criteria. Staff does believe that it would make more sense to consider both Tracts D-2 and D-1 since they are in common ownership, are similarly situated both being parcels derived Staff Report - Page 4 of 6 Public Hearing Item 7-0 from former Tract D and because both parcels are isolated from all other tracts in the area by road right-of-way. Staff has no desire to delay this request in order for the commission to postpone and expand the rezone area, however the commission could initiate a rezone of Tract D-1 separate from this case if it so chooses to investigate that option. Conformance with the Comprehensive Plan: The 2006 Womens Bay Comprehensive Plan Update promotes the predominantly rural residential character of the community and encourages the discontinuation or phasing out of heavy industrial uses in the long term view of the community. The plan map appears to designate this parcel (D-2) for rural residential, but staff is inclinedto believe this is probably a mapping error rather than a correct designation given the location and • historical use of the site. Aside from the plan map however, the plan narrative is firmly committed to promoting the rural residential character over heavy industrial uses wherever and whenever possible. A look at the permitted and conditional uses in the LI-Light Industrial zoning district shows this ,to be a good fit for the existing and proposed use of 'Tract D-2 which will preserve the current character and levels of property use while eliminating many potential industrial uses from occurring on this site. As, the community has experienced in the past Hndustrial zoning can permit many uses that may be objectionable to the community and the community will have very little control over the permitting of many such uses. Zoning/use: The petitioner is currently using the site for various storage and light fabrication purposes. The LI-Light Industrial zone permits all of the uses currently existing on the site and those proposed for the site, such as mini-storage warehouse. Because this rezone is not a typical request to rezone to a higher zoning classification, not much is expected to change on this site in terms of the characteristics of use. Future development will be in keeping with the existing uses and structures, except that the LI-Light Industrial zone has no setback requirements. As indicated by the prior variance request however, it is unlikely that the land owner will endeavor to build on the property lines because that will require the same high level firewall construction that the petitioner was trying to avoid with the prior variance request. • The LI-Light Industrial zone requires screening of outdoor storage items and while this may not apply to pre-existing uses, future use or structure development may be required to address the screening question on a case by case basis. The rezone is not anticipated to result in the creation of any nonconforming uses or structures. Land Suitability: Tract D-2 is developed with a number of light industrial uses and the site has been shown to be entirely suited for this purpose. No significant change to the character of surrounding area is anticipated as a result of the proposed rezone. Staff Report - Page 5 of 6 Public Hearing Item 7-C Recent Development trends in the area: The area immediately surrounding the rezone site has been consistently used for industrial and public/institutional uses in the. past. The biggest development trend in the larger community has been the systematic development of the rural residential community. From the original 3-5 acres lots of the Bells Flats Alaska Subdivision the systematic subdivision of lots and replacement of, rustic structures and buildings left over from military and agricultural days has largely been replaced with newer, code compliant residential development. Traffic impacts: No significant change to the traffic counts or traffic patterns is anticipated as a result of this rezoning. A proposed mini-storage warehouse is•typically a low traffic use and the remaining uses of the site will remain as-is for the foreseeable future. RECOMMENDATION Staff believes the criteria for rezoning are met in this case and recommends that the commission forward this case on to the borough assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205, of Tract D-2 of Tract A, Bells Flats Alaska Subdivision, from I-Industrial to LI-Light Industrial, and to adopt the findings contained in the staff report dated December 22, 2011 as "Findings of Fact" for this caie. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change Or Amendment. The rezone of Tract D-2 of Tract A, Bells Flats Alaska Subdivision is necessary to implement the recommended goals and objectives of the 2006 Womens Bay Comprehensive Plan. The •plat promotes the rural residential character of the community and encourages the discontinuation phasing out of heavy industrial uses in the area. The rezone would provide benefit to the land owner and preserve the current and planned use of the site for light industrial purposes while providing assurance to the community that the site will not be redeveloped for heavy industrial use in the future. 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 D-2 of Tract A, Bells Flats Alaska Subdivision from !- Industrial to LI-Light Industrial will provide an incremental movement towards conformity with the 2006 Womens Bay Comprehensive Plan. The rezone advances the objectives of the comprehensive plan as it relates to the Womens Bay community. Staff Report - Page 6 of 6 Excerpt from' Womens Bay Comprehensive Plan SECTION 3: PREFERRED DEVELOPMENT PATTERN As stated in the previous section of this Chapter, the development alternative that best adheres to the guiding principles as stated in the comprehensive plan and in this plan is the compact rural neighborhood based pattern. The following information provides more detail on the characteristics of this preferred development pattern. Spatial Pattern (See Recommended Land Use Map) The preferred development pattern: Expands upon the traditional development pattern Separates rural residential areas from industrial areas with a discernible edge and buffer area Ensure that zoning districts are appropriate for an area that require on-site water and wastewater systems. Residential areas contained within the community should continue to grow at very low densities, allowing rural residential and agricultural opportunities in the areas surrounding the existing developed areas. Infrastructure extensions into the rural areas should be limited to those addressing health and safety issues such as replacement of failing on-site wastewater treatment systems and provision of public drinking water. Neighborhood Pattern As the need for additional land becomes evident, new acreage should be added within the existing core areas, taking care to avoid environmentally sensitive areas and to continue to replicate the neighborhood pattern discussed within this section of the plan. Further, this avoids concentrating the land designated for residential, development with one or two property owners. Land located within the community that is constrained with significant natural features such as floodplain and wetlands should be placed within a rural conservation designation. These areas should not be further subdivided or developed. Lands located outside of the Womens Bay core planning area should continue to be rural in character. Infrastructure extensions into these areas should be very limited if made at all. The Jack and Lee Lakes Natural Use area should be maintained in its entirety in a natural state and use restricted to activities that do not degrade its natural and wild character. Neighborhoods should remain large in scale, expand upon the traditional development pattern, be physically linked to other neighborhoods and to the two existing cores of the community via pathways, streets, etc., and contain a mix of uses where practical, with a continued emphasis on single family residences. Further, this pattern should include streets that are designed to serve the adjoining residences. Other features found within these neighborhoods should include connections into the trails network and shallow yard setbacks. Lot sizes should be kept to one acre or larger if needed to insure on site septic systems will function properly and not in the long term impair local ground water. Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 33 Appendix - Page 1 of 10 December 2006 Excerpt fron Womens Bay Comprehensive Plan Business/Industrial Pattern The preferred development pattern continues to focus new business development in areas that .have traditionally served such a purpose, though in an improved physical arrangement and a renewed emphasis on design and development standards. The community's business center will continue to be the area along Chiniak Highway. This area has traditionally focused on automobile oriented business activities such as gas stations, restaurants, convenience stores and limited retail business. This focus should continue, though over time, a mix of uses including office and professional services should be introduced in a well planned manner. Access management and design and development standards should be given a high priority as development and re-development occurs. A renewed interest in building design, building placement, lighting, landscaping, and signage is necessary to promote a more positive and aesthetically pleasing entrance into the Womens Bay community. Other business activities may be accommodated in a second location. This area should offer neighborhood services such as day care that are small in scale and compatible to the surrounding residential uses. Basic employment opportunities in such activities as resource extraction will continue to be accommodated but in new locations outside of the immediate residential area. This recommendation is based on indications of existing conflicts between industrial uses and residential uses in the Core Plan Area. Existing industrial uses in the Core Planning Area should be phased out as opportunities for the relocation of such activities become available. Leases of Borough owned land for private industrial uses including gravel extraction should be granted for minimum duration terms, in the Core Planning Area. If existing industrial activities, including gravel extraction on Borough leased land are continued, lease agreements will contain operation stipulations to minimize impacts on near-by residential areas including limitations on hours and days of operation and permitted activities, No new industrial activities will be permitted in the Core Plan area. Industrial zoning will be permitted in areas of the Regional Planning Area outside of the Core Planning Area if such zoning is approved through the Borough zoning process. • Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 34 Appendix - Page 2 of 10 December 2006 Excerpt from Womens Bay Comprehensive Plan Chapter 4. Goals and Objectives • Goals are general achievements that the community wishes to accomplish in the future. Goals provide guidance for developing objectives. Objectives are specific and achievable projects in support of a goal. Land Use Goal: Guide the use of land in, the Womens Bay planning area in a manner that provides for orderly and compatible community and regional growth. Goal: Maintain the rural residential setting of the Womens Bay Community. Objectives: a) Encourage new residential development while maintaining. a minimum lot size of RR1 (40,000 square feet). b) Platted roads should be developed to Borough code prior to land sales. c) Support a centralized business and office use areas that follow the existing development pattern. Goal: Minimize conflict between different land uses within the Womens Bay Area. Objectives: a) Create a buffer zone between existing industrial and residential use areas. b) Develop light and noise standards for non-residential uses. c) Provide viable land uses for the Salonie Creek Area, including the feasibility of future recreational or resource extraction uses. Goal: Identify and designate areas for public access in Womens Bay. Objectives: a) Provide an area for public launch sites for skiffs and small pleasure craft. b) Provide public access to the shoreline for recreational purposes including skiffs and small pleasure craft. c) Support the KIB Parks and Recreation Committee's efforts to provide transportation trails for motorized and non-motorized vehicles (i.e. ATV trails, foot paths, bike paths, horse trails, etc.) in the planning area. d) Develop transportation trails for non-motorized vehicles (i.e. foot paths, bike paths, horse trails, etc.) Goal: Guide gravel material sources and extraction operations in the Womens Bay planning area that is mutually beneficial to residents and industry. Objectives: a) Conduct an industrial and resource extraction future needs analysis and site capability analysis to determine KIB land use supply and demand. b) Transition the location of industrial and gravel uses out of the immediate Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 35 Appendix - Page 3 of 10 December 2006 Excerpt from - Womens Bay Comprehensive Plan residential area. c) Regulate hours and days of operation and permitted activities to minimize conflicts with adjacent residential areas as provisions in lease agreements. Jack and Lee Lakes Natural Use Area Goal: Address and resolve user conflicts between motorized and non- motorized activities in the Jack and Lee Lakes Natural Use Area . Objectives:_ a) Change the area's name to Womens Bay Park or Jack and Lee Lakes Natural Use Park to help identify the area to Borough residents and visitors. b) Develop a park, trails, and recreation plan for the Jack and Lee Lakes Natural Use Area. Public Health /Safety and Environment Goal: Minimize development in environmentally sensitive area. Objectives: a) Maintain a high quality natural environment within the planning area. b) Rezone portions of the B Parcels to public use, natural use, or conservation areas zoning classification or possible residential use. c) Implement the Alaska Coastal Management Program and the Kodiak Island Coastal Management Program in planning for appropriate coastal zone uses. d) Protect the. Russian River and Sargent Creek drainages by establishing specific strategies through coordination with state and federal regulatory entities. Goal: Ensure adequate public services for the Womens Bay planning area. Objectives: a) Identify and prioritize needed road improvement projects in the WBC. b) Provide better fire service in the planning area. c) Addresses problems associated with private.water /sewer systems. d) Provide an upgraded emergency evacuation shelter and support emergency procedures education. e) Support positive bear management practices as described in the Kodiak Archipelago. Bear Management Plan. f) Designate a suitable location for a community cemetery. g) Designate a suitable location for a community school. h) Improve waste collection and disposal — Provide a transfer station and recycling center to be located in the core area. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 36 Appendix - Page 4 of 10 December 2006 Excerpt from Womens Bay Comprehensive Plan Chapter 6. Recommended Land Use Map LAND USE POLICIES This chapter presents policy statements for each land use category. The Recommended Land Use Map, (Map 12), is on page 48. Each land use category has different characteristics and considerations that must be brought into focus in order to provide for effective and reasonable Plan implementation through public investment, zoning and other regulations. Public Open Space Public open space areas are comprised of public parks, natural areas, greenway paths and existing major public opens spaces and recreational areas in the Womens Bay Planning Area. These public open spaces receive heavy recreational usage during all seasons of the year. Hunting, hiking, fishing, camping and picnicking opportunities draw many visitors to the Kodiak Island Borough who contribute to the local economy. These public open space areas will continue to play an important role in serving the Womens Bay residents and the local tourism economy. The Plan identifies about 90 acres of public use land zoning as well as park areas. Floodplains, riparian areas, steep slopes, wetlands and water supply watersheds are environmentally sensitive areas and carry inherent development constraints if they are to continue to function in their essential roles as part of the natural environment. Environmental protection overlay districts should be established for these areas. The Plan adopts the value that these special environments should be reserved and remain undeveloped and undisturbed, with the exception of non-invasive recreational uses. The Plari recognizes that all economic and recreational needs of Borough residents and property owners can be adequately accommodated on other accessible lands not impacted by such environmental features. Where public improvements are considered, the development of these improvements should be handled with great care and public scrutiny. The Plan supports conservation of these environmental resources through public reservation, regulation and, where necessary, acquisition. Industrial This category is intended for economic uses that result in increased jobs and tax base to the Womens Bay area and the Borough as a whole. This category should include industries and distribution/warehouses that are not generally compatible with residential uses typically found in suburban areas. Four criteria guide the location of large tract industrial uses: transportation access, water supply, lack of incompatible existing land use and topography. An area of approximately 45 acres is recommended as an excellent location for employment uses. Prime roadway access in this area provides great connections to business centers throughout and beyond the region. A number of natural gravel deposits exist in the Womens Bay Planning Area. Such quarries should also be protected from encroachment by incompatible land uses that may be sensitive to the blasting, dust and heavy trucking operations. Areas around quarries where active blasting is occurring or may occur should be reserved for one of the following use categories: agriculture, industrial, or public open space. Resource Extraction uses include all uses associated with the operation of quarries, such as the Womens Bay Comprehensive Plan Update P&Z Commission Approved Draft 47 Appendix - Page 5 of 10 December 2006 Excerpt frort;,'"--77 Womens Bay Comprehensive Plan extraction, storage, processing and transportation of the quarry product. Business The character of the category is defined as that which is primarily intended to meet the essential business needs and convenience of Womens Bay area residents. Commercial uses may include a grocery, drug store, and branch dry cleaning establishments as examples. Compatible small -scale industrial uses can also be located in these areas. Business uses should be placed into cohesive groupings rather than on individual properties along the highways and access control should be emphasized. Its purposes are: to encourage the development of groups of nonresidential uses that share common highway access and /or provide interior cross access in order to allow traffic from one business to have access to another without having to enter the highway traffic; to discourage single family residential uses; to protect environmentally sensitive areas, and to maintain the character of the surrounding neighborhoods. Opportunities for business uses, such as, small -scale shops, home occupations and cottage industries, may be appropriate outside these areas as well. Residential The new residential development should be at a minimum lot size of RR1 (40,000 square feet) for existing lots. Other residential uses are also encouraged within this land use category at a density appropriate to ensure adequate water supply and wastewater treatment on -site. The mix of dwellings should be organized into a rational development pattern, rather than random lot -by -lot development. The B tracts would be converted. into Open Space land and some potential residential development sites. It is not encouraged to develop residential uses adjacent to the B tracts if the industrial uses remain for the long term in their present location as this is contradictory to the 'objective of buffering, residential uses from industrial uses. Institutional This category is defined as that which is primarily intended to accommodate uses of a governmental, civic, public service, or public institutional nature, including major public facilities, public utilities, and local government -owned property. Womens Bay Comprehensive Plan Update P &Z Commission Approved Draft 48 Appendix - Page 6 of 10 December 2006 EISNO •!V 1° ry FRYE - BRUHN PT jr r) II V150 -r r'l 7- 1 Th December 7, 2011 Mr. Jeff Steele PO Box 3369 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 12 -027. Request a rezone, according to KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. Dear Mr. Steele: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their January 18, 2012 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, January 11, 2012 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, 'netacx S5.11160-01 Sheila Smith, Secretary Community Development Department CC: Ken Knowles KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 December 7, 2011 Public Hearing Item 7 -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, January 18, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 12 -027 Jeff Steele Ken Knowles A rezone, according to KIBC 17.205, to consider a change of zoning from I- Industrial (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. 220 Sargent Creek Road I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, January 6, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396, or you may email your comments to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, January 11, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Current Location Request a rezone, according to KIBC 17.205, 220 Sargent Creek Rd to consider a change of zoning from I- Industrial P & Z Case 12 -027 (KIBC 17.105) to LI -Light Industrial (KIBC 17.120) Jeff Steele for Tract D -2 of Tract A, Bells Flats Alaska Subdivision. a0 a' a .d` Nl 90C 0„,,,, ysvu'' Sn 11111011111111111117. , ,:, 4k lir ii. b,,,,, aBB{ R - L. �ywm \ , , $,, ,,,, , am 4 „,,,,,, , ,,,.: ' Kodiak Island Borough GIS Legend W f��~�\/ r S Subject Parcel n 395 1,580 r I i l J Q Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. • UNITED STATES COAST GUARD P.O. BOX 5 KODIAK, AK 99619 STEELE PROPERTIES JEFF STEELE PO BOX 3369 HOMER, AK 99603 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 K LIVESTOCK CO -OP P.O. BOX 273 KODIAK, AK 99615 BRECI-IAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 VINCINITY MAP RAT HUM M1 4Oo9-4 HtFO er restioo MsrNlcr it TMniE REQUESTED lYYKODAKT KISIAND BOROUGH KO 710 ALlSEAN'S'S IIH I MY 9W CYIM 6i. ND U IM FOOD MOO Mt MAIM 1M RYD NIEO. Oa MIC UM SOS loom TAX CERTIFICATEI CE If IOW CUD OMRat 111101 d ti DNIK WM MOO I a I- 27.2/rt'dl p 7 -7-co? KNDDIHM ax VOW 6i fMLIDNHNI REFERENCES 1.PLAT 88 -20 RECORDED IN THE KODIAK RECORDING DISTRICT JUNE I, 1988, SUBJECT TO All CONDITIONS, SERVITUDES. EASEMENTS, COVENANTS, RESERVATION. RESTRICTIONS AND RIGHTS OF WAY OF RECORD. Ind Of It ISE NU! WSW MCI C-7 O' NI A FOB S KS NASD SUMO MT Er USS 2519 NOVEMBER 30, 201 1 pECEIIVEn DEC - 1 2011 PLANNING AND ZONING KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR RE -ZONE TRACT D -2 OF TRACT A. BELLS FLAT PLAT 88-20 PROPERTY ID # R- 90020040000 WE ARE REQUESTING A RE -ZONE OF THE ABOVE REFERENCED PROPERTY FROM 1 - INDUSTRIAL., CHAPTER 17.105, TO LI -- LIGHT INDUSTRIAL, CHAPTER 17.120. THE PREVIOUS REQUEST FOR A VARIANCE FROM THE SETBACK REQUIREMENTS OF A STRUCTURE TO BE BUILT ON THE REFERENCED PROPERTY IS WITHDRAWN. FURTHER INVESTIGATION OF THE "LI" CLASSIFICATION INDICATES THAT IT MORE CLOSELY MATCHES THE CURRENT AND FUTURE USES OF THE SUBJECT PROPERTY, AND ALLOWS FOR MORE LATITUDE IN PLACEMENT OF STRUCTURES. FINDINGS OF FACT IN THE STAFF REPORT FROM THE PREVIOUS REQUEST FOR A VARIANCE, CASE #12-017, STATED ON PAGE 7 OF 8 " THE LI -LIGHT INDUSTRIAL ZONING DISTRICT APPEARS TO ALLOW ALL OF THE USES CURRENTLY EXISTING ON THE SITE AND THIS ZONE HAS NO YARD SETBACK REQUIREMENTS. GIVEN THE DISCOURAGING NATURE OF THE 2006 WOMEN'S BAY COMPREHENSIVE PLAN UPDATE TOWARDS INDUSTRIAL USES, THIS TYPE OF REZONE WOULD ELIMINATE POTENTIAL HEAVY INDUSTRIAL USE IN FAVOR OF RELAXED SETBACKS MIGHT BE THE BEST COURSE OF ACTION FOR THE PETITIONER AND THE COMMUNITY" WE THEREFORE REQUEST THIS REZONE TO LI -LIGHT INDUSTRIAL BE GRANTED. KEN KNOWLES, AGENT FOR: JEFF STEELE, OWNER KODIAK ISLAND BO.... UGH - COMMUNITY DEVELOr rnENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us 2.2n Cpp' Applicant Information ,Je c �/7 t Property owner's name PO Property owner's mailing address City State C*/17- X 7.224 W/063 Zip Home phone Work Phone E -mail Addr. Agent's name (If applicable) / /q--3 Agent's mailing address City State qd 7 4.06 r_ 72 2ti' 142 • ;eld Home phone Zip Work Phone E -mail Addr. /.5A/ jci.,u J` Property Informaf on Z2(le3 Property ID Number /s 7r, b -2 (4.- T A- 3 Figs "P(.,tt- OS - zz) Legal Description Current Zoning: T. — 1.1,, LOr vrz.-Q, Applicable Comprehensive Plan: 2ooto ())Jw...v -gay RA. Year of Plan adoption: 20e4 Present Use of Property: W •ubt-Lovs-e-- ce.c.Q Proposed Use of Property: %,j-t - 4o Li- s1". ) (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification ! hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan' for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative /History " As -built Survey Property Owner's Signature 1 A development plan for one or more Tots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) Photographs Maps Other ////// Lt` 4i h4 /I.�C/ l Z -/ Date Authorized Agent's Signature Date STAFF USE ONLY , n Code Section(s) Involved: (�, 1 2 LZ -L0544' Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.6) $250.00 Other (appearance reque , site plan review, etc.) $150.00 1G Zoning change from (KIBC 17.72.030 and 030.C)* Application received by: L Staff signature O z7 PAYMENT VERIFICATION ;�KadiakIslttnd fJdrotigt • FinanceOenartmant Applicable Kodiak Island Borough Code Application Requirements General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan.... Variance 17.66.020 Application. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.66.050 Approval or denial. "...A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is bcing sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.66.060 Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. Conditional Use 17.67.020 Application and fee. A. An application to the community development department for a conditional use or modification of an existing conditional use may be initialed by a property owner or his authorized agent. B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.67.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 17.33.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development 17.34.090 Site plan requirement. Developments of more than three (3) common -wall structures shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit. Boundary Amendment (Rezonine) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be acconq,anied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised Jan. 2004 N: \CD\Temptates \ComDev \Revised F -CUP Variance Application.doc