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LAKE ORBIN LT 3 - Rezone (2)NG� 7A - 2 125 7,4 — 3 SEE TE " E 7A -4 24„ 5 c C. M. P. 5 r a,. : v 1B 1A 1B 100 ry • 7• 0' ct- S67s2¢4: 5 50 D. =1323 R. =15.00 l,. =34. 71 36 "1a c. , LOT 1 1.40 ACRES ± 316.24 R 3' 06" IP T. E'S M T aL CULVERT OU1FALL DITCH Ali ,' 78 D.= 400000" R. =124. 91 L 87.20 2y colvJLf e 1,„)1,/ It kr) ue 2.(ZY " 6,4L T) 3 11 Cta Li ) 09 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, July 7, 2011, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2011 -17 Rezoning a Portion of Tract G and Tract H, Bells Flats Alaska Subdivision From PL— Public Use Zone To RR1 -Rural Residential One. If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486 -9391, Email to niavier(c�kodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on July 7, 2011. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Public hearing form • Map • Ordinance No. FY2011 -17. PUBLIC HEARING FORM Ordinance No. FY2011 -17 Rezoning a Portion of Tract G and Tract H, Bells Flats Alaska Subdivision From PL— Public Use Zone To RR1 -Rural Residential One. ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to njavier(a�kodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, July 7, 2011. Ordinance No. FY2011 -17 Rezoning a Portion of Tract G and Tract H, Bells Flats Alaska Subdivision From PL— Public Use Zone To RR1 -Rural Residential One. Legend Subject Parcels Kodiak Island Borough GIS System This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of shaving the general location of a property within the Kodiak Is la id Borough. This map does rat represent a survey. More intomiabon abort the mapping data can be obtained by cortacbng the Kodak Island Borough IT Department at (907) 486 -9333. Introduced by: Borough Assembly Requested by: Planning and Zoning 1 Commission Drafted by: CDD Director Introduced: 06/16/2011 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2011 -17 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REZONING A PORTION OF TRACT G AND TRACT H (PROPOSED LOTS 1, 2, AND 3), 11 BELLS FLATS ALASKA SUBDIVISION FROM PL— PUBLIC USE LANDS 12 TO RR1- RURAL RESIDENTIAL ONE ZONE 13 14 WHEREAS, the Borough Assembly has declared that Tract G and Tract H are surplus to 15 the public's need; and 16 17 WHEREAS, the Planning and Zoning Commission has previously approved a preliminary 18 subdivision of these two tract creating four parcels; and 19 20 WHEREAS, it is the desire to reserve one of the lots for water supply, drainage and fish 21 habit, while disposing the 3 remaining lots at a future borough and sale; and 22 23 WHEREAS, the 2008 Kodiak Island Borough Comprehensive Plan Update has identified 24 this area of Womens Bay as residentially zoned lands; and 25 26 WHEREAS, this request is consistent with the borough's comprehensive plan; and 27 28 WHEREAS, the Planning and Zoning Commission held a properly noticed public hearing 29 on this request and is recommending that the Assembly approve the rezone the parcels 30 identified above from PL- Public Use Lands to RR1 — Rural Residential One. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 33 BOROUGH THAT: 34 35 Section 1: This ordinance is not of a general and permanent nature and shall not 36 become a part of the Kodiak Island Borough Code of Ordinances; 37 38 Section 2: A portion of Tract G and Tract H (proposed lots 1, 2, and 3), Bells Flats 39 Alaska Subdivision is rezoned from PL- Public Use Lands to RR1 — Rural 40 Residential One. 41 42 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission 43 are hereby confirmed as follows: 44 45 17.72.020 A. Findings as to the Need and Justification for a Change or 46 Amendment. 47 The PL- Public Use Land zoning district is intended only for lands that are publicly 48 owned and the allowable uses are not compatible with private land ownership. Kodiak Island Borough Ordinance No. FY2011 -17 Page 1 of 2 49 This land was designated surplus to the public's need by the Kodiak Island Borough 50 Assembly (Resolution 2001 -02). A rezone from PL- Public Use Land to RR1 -Rural 51 Residential One is consistent with the Assembly's disposal policy. 52 The RR1 -Rural Residential One zoning district permits uses and structures that are 53 compatible with existing residential developments in the surrounding area. These 54 residential uses are consistent with the intent of the 2007 Womens Bay 55 Comprehensive Plan 56 57 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 58 the Objectives of the Comprehensive Plan. 59 The 2007 Womens Bay Comprehensive Plan provides guidance. Per that plan, those 60 lands not designated for Commercial, Industrial or Public use, are intended to be 61 used for Rural Residential Purposes. The RR -1 Rural Residential Zoning District is 62 appropriate, and supports private ownership and eventual 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS DAY OF 2011 66 67 68 KODIAK ISLAND BOROUGH 69 70 71 72 Jerome M. Selby, Borough Mayor 73 74 ATTEST: 75 76 77 78 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Ordinance No FY2011 -17 Page 2 of 2 Case 11 -021. Request a review of a land disposal, according to KIBC 18.20 (Borou Rea ' roperty) to consider a disposal for less than fair market value of approxim ely four (4 acres of land, the exact boundaries of which will be determined b uture survey, fo he development of a new State of Alaska office building for a by the Alaska Depar • ent of Fish & Game, to be located on a portion of Lot B- , U.S. Survey 4947, (Plat 2010- , generally located on Near Island at 200 Trident y. Zoning is PL- Public Land Use. T applicant is the Kodiak Island Borough a the agent is Bob Scholze, Resource Man . gement Officer. The location is 301 Res ch court, Near Island and it is zoned PL- Public L d Use. Dvorak reported 4 public hears indicating no objection. Staff rec recommendation. There has been a sury the construction to begin and then at some to more formally dispose of the building and t notices were sent o mends forward' done in p ter the building is completed it's intended and that it sits on to the State. and 1 comment was received g this request with a favorable aration of a lease. This lease will allow CHAIR TORRES stated maybe we should Smith stated she already changed it • COMMISSIONER WATKINS M recommendation to the B Planning & Zoning Com ave it at 4 the resolution for s res instead of putting it at 2.88. ping. ED to adopt the following : olution containing a positive ough Assembly regarding the Ian . disposal reviewed by the ssion in Case 11 -021. Close regular meet g & open public hearing: Bob Scholze, request. Close diak Island Borough Resource Management Officer spoke in su ublic hearing & open regular meeting: LL CALL VOTE ON MOTION CARRIED UNANIMOUSLY ort of this D) Case 11 -023. Request a rezone, according to KIBC 17.205, to investigate a change of zoning fQtr Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1 -Rural Residential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Resource Management Officer. The location is 10986 Chiniak Drive & 11629 Kalsin Drive, and the zoning is PL- Public Use Land. Dvorak reported 40 public hearing notices were sent out and 6 comments were received generally in opposition to the request. Staff recommends this request be approved and forwarded to the Assembly with a recommendation for approval. Staff also recommended an effective clause that the zoning would not be effective until the plat is filed. COMMISSIONER WATKINS MOVED to grant rezone, according to KIBC 17.205, Lots 1, 2, and 3, Lake Orbin Subdivision, as depicted in the preliminary plat submitted in related Case No. S11 -012, from PL- Public Use Land 1s1 RR1 -Rural Residential One, subject to one condition of approval; and to adopt the "Findings of Fact" in the staff report dated April 8, 2011 in support of this recommendation. Close regular meeting & open public hearing: April 20, 2011 Page 3 of 8 Planning & Zoning Minutes • • John Isadore, Womens Bay Service Area Board Member and private citizen, stated he's opposed to this rezone and reminded the commission of the petition submitted in 2002 when this property was up for disposal. He said this is one of the last remaining greenbelts that is used by many residents, and it's a drainage area. This area cost the Service District about $100,000 to repair culverts and dig ditches, and the borough paid twice for the house that was flooded twice in this area during 2002 that was disposed of and sold. The contractors did minimal grading and put in insufficient culverts. He asked that before it's disposed of that the commission look at this property because 2 out of 3 of the lots are buildable but there is a salmonoid stream that runs into the pond which is a perfect retention pond. The drainage needs to be worked out. Dave Rittenhouse stated he's opposed and it should be left as a greenbelt because it's important as a buffer for noise, wildlife, drainage, berry picking, and hiking. We need to keep it as is. Alicia McEwan spoke in opposition and stated she bought the house across and up the hill from the subject property with the understanding that this was public use land and that it wouldn't be called into question of a rezone again. She feels the open space is important. Dave Hueman, Womens Bay Service Area Board Member, stated he met with Scholze last week to look at the lots. We have drainage issues from the last land sale the borough had. His concern is that a drainage plan is understood, enforced, and enacted if this land does get sold so the service district is not stuck with the bill or without resources. He said, as a private citizen, he can understand the resident's concern when you purchase property and see it is public use and then it gets changed which can affect your quality of life. Bob Scholze, agent /applicant, stated this disposal has been considered for 10 years. The Assembly reaffirmed their interest in proceeding and doing it right. More than half the property is being retained as public use for protection of the drainage and pond area. Conditions of Approval were built around Fish & Game's recommendations. Designation of this property as residential on the proposed future land use map of the KIB Comp Plan supports rezone to RR1. The preliminary subdivision design proposes 3 lots in the 60- 70,000 square foot range which exceeds the 40,000 sq. ft. minimum. The intent was to utilize that land to make it available to future land owners and retain the quality of life and neighborhood characteristics as much as possible. Each lot will provide good building sites, and suitability of soils for wells and septic will be confirmed by engineering as part of the preliminary subdivision review and conditions of approval. This is consistent with implementation action recommended to achieve the land use goal for the Womens Bay contained in the Comp Plan. Scholze was on site Friday with the borough manager and talked with Dave Heuman and Dave Conrad about drainage issues and concerns. Close public hearing & open regular meeting: In response to COMMISSIONER KERSCH'S inquiry of has the residents of Womens Bay ever asked to have that area converted to parklands, Dvorak said the last time we had a lot of public input on this kind of issue was when the Womens Bay Plan was done. The Jack & Lee Lakes area was a big part of that discussion that's a very prominent reference in the Womens Bay Community Plan but he doesn't recall any specific discussions about Tract G & H. April 20, 2011 Page 4 of 8 Planning & Zoning Minutes • • Dvorak state the Assembly determined it was surplus to the public's need and Tracts G & H, the subdivision would create 3 lots and the remainder of Lot 4 would be 4.1 acre with the pond area and drainage corridor. The idea of how it's disposed of is up to the Assembly. During discussion, the commissioners wanted to get to the subdivision since the rezone hinges on the subdivision being recorded. COMMISSIONER KERSCH said the residents have the option to purchase this property and make it a park if we dispose it. CONDITION OF APPROVAL 1. This rezone shall become effective upon the recording of the plat subject to this request. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The PL- Public Use Land zoning district is intended only for lands that are publicly owned and the allowable uses are not compatible with private land ownership. This land was designated surplus to the public's need by the Kodiak Island Borough Assembly (Resolution 2001 -02). A rezone from PL- Public Use Land to RR1 -Rural Residential One is consistent with the Assembly's disposal policy. The RR1 -Rural Residential One zoning district permits uses and structures that are compatible with existing residential developments in the surrounding area. These residential uses are consistent with the intent of the 1982 Womens Bay Comprehensive Plan. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1982 Womens Bay Comprehensive Plan provides guidance. Per that plan, those lands not designated for Commercial, Industrial or Public use, are intended to be used for Rural Residential Purposes. The RR -1 Rural Residential Zoning District is appropriate, and supports private ownership and eventual development. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Case S11- 012. Request Preliminary approval, according to KIBC 16.40, of the repl of Tra and a Portion of Tract G, Bells Flats Alaska Subdivision, to create Lot , 2, 3 and 4, Lak rbin Subdivision. The applicant is the Kodiak Island Borcm and the agent is Bob Sc� ze, Resource Management Officer. The location,' 0986 Chiniak Drive& 11629 Kalsin ve and the zoning is PL- Public Use Land, Dvorak reported 40 public he ng notices were sent out -. • 4 comments were received generally in opposition. Staff recom nded approval .. .ject to 7 conditions; however, last Friday the Resource Manager and the =oro • Manager went out and met with the representatives of the Service District Boa . the Voluntary Fire Department. They made some field observations which led • m to believe- would be advisable to make some modifications to the plat. A wri request to postponeFias,been received to allow for some minor changes to the plat • . ed on the field observations. In response to C ' TORRES'S inquiry of whether there is enough ti agenda, Dv. stated if the changes are substantial and a variation of the have s • tonight then the commission will know to postpone it even further and aff can't say until we see what it actually looks like. to get it on the May eme that you dvertise April 20, 2011 Page 5 of 8 Planning & Zoning Minutes April 21, 2011 • • Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Mr. Bob Scholze, Resource Management Officer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Case 11 -023. Request a rezone investigation, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RRI -Rural Residential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. Dear Mr. Scholze: The Kodiak Island Borough Planning & Zoning Commission at their meeting on April 20, 2011 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 Conditions of Approval and Findings ff Fact in support of their recommendation to the assembly: CONDITION OF APPROVAL 1. This rezone shall become effective upon the recording of the plat subject to this request. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The PL- Public Use Land zoning district is intended only for lands that are publicly owned and the allowable uses are not compatible with private land ownership. This land was designated surplus to the public's need by the Kodiak Island Borough Assembly (Resolution 2001 -02). A rezone from PL- Public Use Land to RR1 -Rural Residential One is consistent with the Assembly's disposal policy. The RR1 -Rural Residential One zoning district permits uses and structures that are compatible with existing residential developments in the surrounding area. These residential uses are consistent with the intent of the 1982 Womens Bay Comprehensive Plan. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1982 Womens Bay Comprehensive Plan provides guidance. Per that plan, those lands not designated for Commercial, Industrial or Public use, are intended to be used for Rural Residential Purposes. The RR -1 Rural Residential Zoning District is appropriate, and supports private ownership and eventual development. 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, Z5na4m rn Sheila Smith Secretary CC: Nova Javier, Borough Clerk Legend Subject Parcels ublic Hearing Item 7 -D 75&Z April 20, 2011 Current Location P & Z Case # 11 -023 Kodiak Island Borough Request: A rezone, according to KIBC to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to Agent: Robert Scholze RR1 -Rural Residential One. liatwai, . Li-Aialr, PI* v•tfb it* Veir •4‹l Vvirt*■ Akttatittiot) ‘ otsi„vw i, 0,v4 -44s. •ii* • Kodiak Island Borough GIS System This map was prepared from the Kodiak Island Borough's GIS System. 9 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. Case No. 11 -023 Introduction Page 1 of 8 ublic Hearing Item 7 -D &Z April 20, 2011 Case No. 11 -023 Introduction Page 3 of 8 Kodiak Island Borough Zoning Map Community Development Department OlE PCurrent Zoning Request: A rezone, acg to KIBC17: 05, ' P & Z Case # 11 -023 - to investigate a change of zoning for Tract H • Kodiak Island Borough and a Portion of Tract G, Bells Flats Alaska g Subdivision, from PL- Public Use Land to Agent: Robert Scholze 5 RR1 -Rural Residential One. N 220 440 88( t 1 1 1 1 1 1 1 1 Feet Legend ,i.4 Nov Subject Parcels �PP- \ 46 N ^ / 1 i 020 ■■051 Q V U N .. T ti JG N 4. ry,' N 6 ,9 0! sr Qp r 1 t 9 9pe / sr sr sr nN 41111111-- ' V w 0154 Off, 1,51 rl ry ne 0C"' h, N cfl °O�iJE w° N� ��2• �'1js 0�0 1p5 ^O 111 O 1113 V 13 p\ .- K 11485 ,v :.- ry ry Zoning Legend Public Use Lands 1 Rural Residential 1 Multi Family Residential Light Industrial WA Watershed J Rural Residential 2 Business 1 Rural Neighborhood Commercial 11 Conservation Single Family Residential Retail Business Urban Neighborhood Commercial Rural Residential I I Two Family Residential Industrial Natural Use 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 Case No. 11 -023 Introduction Page 3 of 8 4c q;(* sENQ et(b 1/4'0 „(tt �`C Iublic Hearing Item 7 -D &Z April 20, 2011 rlay P & Z Case # 11 -023 Kodiak Island Borough Agent: Robert Scholze Request: A rezone, o KIBC 17.2 to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1 -Rural Residential One. Kodiak Island Borough GIS System 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. Case No. 11 -023 Introduction Page 5 of 8 Q� co .4".) cow Q • ublic Hearing Item 7 -D &Z April 20, 2011 1 r 7A -4 Note: Lot 4 to remain as PL 1 2A -1 ti 15 100 !A 75� 1(J 0 .1.5.2'J4:77- R..15.00 R. 4.71 9 N•TE 7A -7 125 NOTE 4' NE AREA aa01CATEC IS A PC4I1ON Ar OWK;'',AL TRACT i1' VACATED AND HEREBY OEOICATEP AS KALS1N BAY DR11f /B'QHT OF WAY. (1,733 SF.3J Note: Lots 1, 2 & 3 subject to rezone request. Case No. 11 -023 Introduction Page 7 of 8 (')1 ‹) () 0 C)) Q7 * c) i■ V VIflI In • glair r /-11.•• v vv ••■ NNW IMF ublic Hearing Item 7 -D &Z April 20, 2011 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information it9 /Z /SLf A)/ 61Z11,16!i Property owner's name -710 (IT'LL rg y i2 n Property owner's mailing address City State Zip Home phone Work Phone E -mail Addr. Agent's name (If applicable) C fb ) Agent's mailing address City State x — z')('y Home phone Work Phone Zip E -mail Addr. Property Information FI Z"2- i 4'3 (i r. Cs) &its rile Property ID Number /s E6 it13 i 2- -r j /Ake 0A9,110 Sf Legal Description (` Cl (�i' . F 5 11-- Current Zoning: Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property L) `T t r3---A. Proposed Use of Property: J A C" rJ i 4-eo CA (Note: Use additional sheets, if needed, to provide a complete description 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 plan' for variance and conditional use requests and which may Include optional supporting documentation as Indicated below. Y Additional Narrative/History As -built Survey 1` Photographs Y Maps Other Property Owner's Signature .�r/ // Date rn •Authorized Agent's Signature :2) --if/ Date IA 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 authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site pl review, etc.) $150.00 Zoning change from f' L to ) (KIBC 17.72.030 and 030.C)* Application received by: Staff signature 11- Q2 3 _ PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per MB Assembly Resolution Eff. July 1, 2005) Less than 1.75 acres 1.76 to 5.00 acres 5.01 to 40,00 acres 1110 40.01 acres or more 51,500.00 Case No. 11 -023 Application Page 1 of 4 • 11/Public Hearing Item 7 -D P &Z April 20, 2011 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9304 Fax (907) 486 -9374 E -mail: Jscholzelakodiakak.us To: Planning and Zoning Commission From: Bob Scholze, Resource Management Officer Date: March 1, 2011 Re: Rezone of Tract H and Ptn. of Tract G (Proposed Lots 1, 2 & 3, Lake Orbin Subdivision) from PL- Public Land to RR1 -Rural Residential One By Commission Resolution ( #2000 -01 -R) and Assembly Resolution ( #2001 -02), this Borough property described as Tract H and a portion of Tract G (now proposed Lots 1, 2 & 3, Lake Orbin Subdivision) was determined to be surplus to the public's need and available for disposal at Borough land sale. The remaining two steps in that process are rezone to an appropriate zoning district consistent with that intent and with the Comprehensive Plan, as well as subdivision consistent with the land characteristics and the surrounding neighborhood. Both of these cases are before the Commission this month. Among the more obvious reasons supporting disposal of Borough land at sale are raising revenues that can offset taxes, and augmenting the Borough tax base. There is also a desire to provide land to future home owners for development at an affordable price, which satisfies the public's desire to transfer land into private hands. Resistance from neighbors to any discussion of disposal of public land is predictable. However, that should not, of itself, foreclose on future settlement opportunities in areas that may be suitable, as well as economical because of existing infrastructure, for residential development. Designation of this property as Residential on the Proposed Future Land Use map in the Kodiak Island Borough Comprehensive Plan Update (2008) supports rezone to RRI -Rural Residential One. The preliminary subdivision design proposes three lots in the 60,000 - 70,000 square foot range, well exceeding the 40,000 square foot minimum for the zoning district. Each lot provides good potential building sites, and suitability of soils for well and septic will be confirmed by engineering as part of preliminary subdivision review. This is consistent with an implementation action recommended to achieve the Land Use Goal for Womens Bay contained in the Comprehensive Plan Update which states: "Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). Consider implementing larger lot sizes as appropriate to prevent water /septic problems." This property originally contained barracks as an extension of the Kodiak Navy Base during World War II. It was one of the subjects of environmental restoration in Bells Flats under the federal Defense Environmental Restoration Program for Formerly Used Defense Sites (DERP -FUDS) with site closure related to removal of both underground and above ground fuel tanks completed in 2004. Case No. 11 -023 Application Page 2 of 4 ublic Hearing Item 7 -D 75&Z April 20, 2011 Case No. 11 -023 Application Page 3 of 4 I, ....1.:>iii,..14 till it Neils.) 7 ./ . `y / id,, • m ■ f ajya�4+a` • 1 4( -Aga 1 �• + r � • 1 I / Sr ae Kodiak Island Borough GIS System � T " v r C 235 470 3.451 1.410 1,880 Feet This map was prepared from the Kodak 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 fT Department at (907) 486 -9333 Case No. 11 -023 Application Page 3 of 4 Kodiak Island Borough Journal Post Listing Journal Reclassification Department Number Type Sub Ledger G/L Date Description Source Reference Journal Type 120 - Finance 2011- 00001881 JE GL 03/01/2011 KIB ZONING CHANGE G/L Dale G/L Account Number Account Description Description Source Debit Amount Credit Amount 03;01.'2011 03/01/2011 100 101.100 100 -000 322.170 User: L.ria Holloway Cash In Bank -Wells Fargo Zoning Change Fee KID ZONING CHANGE KID ZONING CHANGE Number of Entries: 2 750.00 750.00 8750.00 8750.00 Pages: 1 of 1 3/1/2011 4:0.. d PM • - 0 11111 Po c N a D� -a = - m N � O N (0 O - (D - 3 v • ,ublic Hearing Item 7 -D &Z April 20, 2011 Current Location 10986 Chiniak Dr. & 11629 Kalsin Dr. P & Z Case 11 -023 Kodiak Island Borough/ Bob Scholze Request a rezone, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1- RuralResidential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. 11:174 111, 141 4V1‘44 **4 e4tt A04 4'!"11"44-4,4* Atlit•baWA Kodiak Island Borough GIS 0 360 f r Feet 720 RIM Legend Subject Parcels 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. Case No. 11 -023 Public Comment Page 1 of 12 • ()Public Hearing Item 7 -D P &Z April 20, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 March 9, 2011 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 20, 2011. 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: 11 -023 Kodiak Island Borough Bob Scholze A rezone, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RRI -Rural Residential One, said rezone area to be proposed for replat in related Case S11-012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. 10986 Chiniak Drive & 11629 Kalsin Drive PL -Pubic Use Land 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, April 5, 2011 to be considered by the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning & Zoning Bylaws amended June 16, 2010). If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them 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, April 13, 2011, 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: Case No. 11 -023 Public Comment Page 2 of 12 JAMES AMUNDSON P O BOX 844 KODIAK, AK 99615 DALE CHRISTOFFERSON P.O. BOX 1219 KODIAK, AK 99615 CRAIG DILLON PO BOX 3000 KODIAK, AK 99615 DAVID GEDDES LIVING TRUST P.O. BOX 2334 KODIAK, AK 99615 MARK HOLT PO BOX 3484 KODIAK, AK 99615 DAVID R JACKSON 11248 KALSIN DRIVE KODIAK, AK 99615 GERALD LAFOLLETTE P O BOX 2366 KODIAK, AK 99615 STEVEN MCKECHNIE 10843 CHINIAK DR KODIAK, AK 99615 KEVIN NOLAN ETAL PO BOX 1305 KODIAK, AK 99615 JAMES RIPPEY ETAL P.O. BOX 2038 KODIAK, AK 99615 THOMAS CAGLE 10797 CHINIAK DR KODIAK, AK 99615 THOMAS CUBBEDGE P O BOX 2286 KODIAK, AK 99615 ANTHONY DRABEK 11171 UGAK DR. KODIAK, AK 99615 RICKY GRAVES 10742 CHINIAK DR KODIAK, AK 99615 HOUSE OF SCOTT PO BOX 1675 KODIAK, AK 99615 DAVID KILLEEN 11166 LAKE ORBIN DR KODIAK, AK 99615 BURDETTE LECHNER P.O. BOX 1616 KODIAK, AK 99615 PARRY NELSON PO BOX 92 KODIAK, AK 99615 MARIUS OLSEN 10809 CHINIAK DR KODIAK, AK 99615 DAVID RITTENHOUSE JR P.O. BOX 2559 KODIAK, AK 99615 Oublic Hearing Item 7 -D 75&Z April 20, 2011 TIMOTHY CALDAS 11000 LAKE ORBIN RD. KODIAK, AK 99615 PAMELA DELYS P O BOX 2294 SALMON, ID 83467 L MICHELLE EGLE P.O. BOX 3274 KODIAK, AK 99615 TK & GESA GUSTAFSON 759 PRESTON LANE KODIAK, AK 99615 JOHN ISADORE PO BOX 33 KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 ASHLEY LOGAN 10745 CHINIAK DR KODIAK, AK 99615 STANLEY NESS PO BOX 1311 KODIAK, AK 99615 DOUGLAS PREMOE 2804 SUDBERRY LN BOWIE, MD 20715 EDWARD ROSE 10773 CHINIAK DR KODIAK, AK 99615 Case No. 11 -023 Public Comment Page 3 of 12 ALICIA SHORT - MCEWAN 11206 W. REZANOF DR. KODIAK, AK 99615 MANIMONE SOURIYASONG 10891 CHINIAK DR KODIAK, AK 99615 CIEN WEEKS 11166 LAKE ORBIN CIR KODIAK, AK 99615 MARK WITTEVEEN 11542 KALSIN DR. KODIAK, AK 99615 • Dublic Hearing Item 7 -D P &Z April 20, 2011 PAULA S SMEDLEY ETAL PO BOX 8529 KODIAK, AK 99615 THOMAS TROSVIG 11132 LAKE ORBIN CR KODIAK, AK 99615 HEATHER WHEELER ETAL 11068 LAKE ORBIN DR KODIAK, AK 99615 GILBERT SMITH 11968 ALITAK DR KODIAK, AK 99615 FREDERICK & MELODY WALTMAN 11019 CHINIAK DR KODIAK, AK 99615 WILLIAM WILLIAMS PO BOX 766 KODIAK, AK 99615 Case No. 11 -023 Public Comment Page 4 of 12 April 2, 2011 To: Kodiak Island Borough Community Development Department Planning and Zoning Commission From: Womens Bay Service Area Board 7p) ECIEOVE APR - 5 2011 ublic Hearing Item 7 -D &Z April 20, 2011 J COMMUNITY DEVELOPMENT DEPARTMENT RE: Rezone of Tract H and Ptn. Of Tract G (Proposed Lots 1, 2, and 3, Lake Orbin Subdivision) from PL- Public Land to RR1 -Rural Residential One Per the request for comment regarding the Tracts H and G, the Womens Bay Service Area Board has prepared this response to identify potential issues that will affect the local tax base and residents. The major concern of the Board is directly related to the previous land disposal on Sargent Creek Road of five parcels by the KIB. The lack of engineering, design and investigation regarding the drainage and runoff issues in the area due to the development of these parcels after the sale and subsequent lack of enforcement of building codes has cost the Road Service District nearly $100,000 to develop and improve drainage in this immediate area. As the KIB land sale proceeds are directed into the KIB general fund and the KIB does not have "road powers ", the local service area and property owners have born this cost. Poor decisions by the developers of individual properties and lack of code enforcement have resulted in drainage water related issues with houses and property in this immediate area. These issues identified after the fact have cost residents and tax payers additional funds that could have been avoided if better planning and enforcement had taken place. The Board believes that if development is to move forward, the KIB holds the responsibility to examine the impacts to the area and identify design appropriate drainage and anticipated road impact during the preliminarily planning process. The argument will be that the Road Service District will receive tax revenues as a direct result of this sale and development. When you analyze this argument it will be over 15 years until the collected tax pays for the costs incurred by the Road Service District related to the Sargent Creek sale. This results in long term identified maintenance issues being differed as a limited budget had to be utilized to fix problems that should have been identified as a cost associated prior to or during the sale planning process. Concerns directly related to the proposed Lake Orbin Subdivision plat are as follows: Case No. 11 -023 Public Comment Page 5 of 12 • Sublic Hearing Item 7 -D P &Z April 20, 2011 • Lot 1, Tract H — Due to the elevation on the south side of this lot, the driveway access should be designated on the north side of the property and a driveway culvert be mandated as a requirement of the driveway permit. • On the west end of the lot, an existing drainage ditch exists that drains a cross road culvert on Kalsin Drive. The Board is requesting that the property lines be drawn to maintain this ditch line in the road setbacks to allow the Road Service District to maintain and improve this drainage as needed. • Lot 3, Tract H — Similarly with Lot 1, the driveway access should be identified on the Alitak Drive or north side of the property due to the south facing lot elevation and potential increased surface runoff to Kalsin Drive. A driveway culvert should be mandated as a requirement of the driveway permit. There is an existing natural drainage swale on the north east portion of the lot along Alitak Drive. If this drainage were filled by a property owner it would divert the natural drainage flow. This natural drainage area should be identified on the plat and consideration for drainage easement through this area. • Lot 2, Tracts H and G- This lot will require driveway access on the south side of the proposed lot which will result in a driveway on either Kalsin or Middle Bay Drive. As these roads have the primary drainage of the existing properties that are on the higher elevations in the area, the culvert size required for the anticipated driveway access will need to be sized correctly to ensure unobstructed flow under this driveway. The Board insists that any driveway that exits on a developed road be constructed at a 90 degree orientation to the existing road surface. • The Board is pleased that consideration to the drainage from Lot 4, Tract G has been considered and easement has been identified in order to maintain this large volume drainage at this site. This area is the site of a long established pond and green space recognized by the property owners of the area. It is the desire that this space be left intact condition zoning classification. The immediate area residents have been in discussion regarding a funding mechanism to allow the repair of the failed dam to reestablish the former pond. Thank you for the opportunity to weigh in on this property disposal. Due to our Chairperson, David Heuman being out of town when this packed was mailed, our board has had limited time to review the documents and the site. This comment letter has be prepared and submitted for the Tuesday, April 05, 2011 deadline. Our board meeting is April 5, 2011 at 7:00 pm and we anticipate that additional comments may be forth coming. The board is aware of the April 13, 2011 P &Z Work session and our intent is to be represented at that meeting if further information or comment is required. If you have questions or require additional information regarding these comments please contact our Chairperson, David Heuman. Womens Bay Service Area Board. Case No. 11 -023 Public Comment Page 6 of 12 ublic Hearing Item 7 -D &Z April 20, 2011 Sheila Smith From: Mark Witteveen [markjwitt@hotmail.com] Sent: Thursday, March 24, 2011 8:01 AM To: Sheila Smith Subject: Comments regarding rezoning public use land To whom it may concern, My name is Mark Witteveen and I live at 11542 Kalsin Drive (lot 7A -3, Bells Flats Subdivision), which is directly across the street from the proposed rezoning of Tract H and G in the Bells Flats Subdivision. I apologize that I will be out of town for the public hearing and won't be able to participate. I oppose this rezoning. A very similar rezoning was proposed a few years ago and was met with significant opposition including a petition signed by many Bell's Flats Residents. After such opposition, it is frustrating to see the same thing just a few years later. The area proposed for rezoning is often used by walkers and is a pleasant area for public use. There are no parks in the area and easily accessible public use land is at a premium. This area of Bells Flats is fully utilized and many people have expressed concerns about the impact of drilling additional wells on their own water supply as well as additional septic systems directly upstream of Lake Orbin. Thank you, Mark Witteveen Case No. 11 -023 Public Comment Page 7 of 12 • Sublic Hearing Item 7 -D P &Z April 20, 2011 Sheila Smith From: Richard Dellatran [kai_yaarkan @yahoo.com] Sent: Tuesday, April 05, 2011 4:28 PM To: Sheila Smith Subject: cases 11 -023 and s11 -012 To whom it may concern (i.e. greedy Borough officials), While I realize this email is utterly pointless in the face of your rapacious avarice, I am compelled to compose this missive so that as I watch heavy construction equipment ravaging the area that I once considered a beautiful mini -park I can at least have the knowledge that I expressed my disgust at your acquisitive machinations. Let me pause here and apologize for using such florid language, thus forcing you to get out your dictionaries. I just wanted to show you that not all of the residents of Bells Flats are ignorant hippies too stupid to realize that what is being marketed as progress is really pure and simple gluttonous greed for money. Forget about what EVERY last lot holder surrounding the area in question wants. The only thing that matters to you is the money the sale of the land and taxes upon houses built on said land will bring to Borough coffers. Nothing any of us say will stop you. Go ahead, rape the land and squeeze a couple more houses in here. After all, we 'Flatters' want to live just like you Townies do; with postage stamp yards and neighbors looking in our windows from every side. Enjoy your money. Sleep well knowing you've pillaged one small bit of nature for the sake of fattening your bottom line. We will watch the loss of beauty with sad eyes and know that you politicians can't help yourselves any more than sharks eating baby seals can. Once a gluttonous predator, always a gluttonous predator. Yours with low regard and even lower expectations, Melody Scharf - Waltman Case No. 11 -023 Public Comment Page 8 of 12 Edward and Helen Rose 10773 Chiniak Drove Kodiak, AK, 99615 April, 4't' 2011 KIB Planning & Zoning Commission Itublic Hearing Item 7 -D &Z April 20, 2011 --D)ECEINEfi APR -52011 COMMUNITY DEVELOPMENT DEPARTMENT Reference Cases 11 -023, & 511 -012 Dear Sir Thank you for the opportunity to comment on the above proposed rezone and re plat. Let me first say that I am opposed to the proposal. My family and I have been at our location for 12 years. We moved from town, and spent a good deal of time researching our location. We were attracted by the open spaces and land buffers to our neighbors. We particularly enjoyed the walk around Kalsin Drive, with the mix of open land and developed property. We intend to stay in this neighborhood, and are concerned about the planning of our small community. I have several points of concern. 1. The Lake: A large part of the area is -or has been- a lake, frequented by Canada Geese, and ducks. Since the torrential rains and mudslides of late 2009, the beaver dam is damaged, and the lake is drained. Local efforts to restore the lake have been unsuccessful, and apparently the Borough now considers the land up for grabs. I feel we should restore the wetlands that have been lost, with the Borough leading the way. 2. The watershed and drainage: There are several drainages passing through the area which will be negatively impacted by construction. 3. The planned balance of land use: One of the great charms of our area of Bells Hats, is the mix of public use land and residential that surrounds us. Development should be somewhat planned, not simply rubber stamped. We have issues with industrial zoning also, which should be fixed. To rezone this area is to upset that balance. 4. Fiscal income urgency: The immediate need for Borough income seems to be driving the show, also evinced by the recent dramatic rise in property values. Case No. 11 -023 Public Comment Page 9 of 12 • Sublic Hearing Item 7 -D P &Z April 20, 2011 This leads to an urgency of development, which is the enemy of thoughtful planning. There was no urgency to fix the lake. 5. Double losses: The land in question fronts on two roads, so changing this will cause a double depletion of public usage. 6. View to the future: Considering the future, I have no plans to move from my Island Paradise. I am seeing a trend, particularly with the Coast Guard, to view real estate as an investment to buy and sell, and only secondarily to live in. This is financial thinking, which tends to be concerned with immediate and short term returns. 7. Development inside an existing neighborhood: The existing neighborhood is mature and developed, with the idea of uncrowded housing clearly seen in the 0.92 acre minimum size. To place more here may be technically correct, but the cumulative result will irreversibly alter the character and temper of the location. 8. Errors of planning: The planning and zoning commission have a delicate mission, balancing development with sustainability. Certainly the drive to develop quickly, with fast financial returns for the local government is a powerful motivator. You must balance that with what simple people need. I have been astounded with decisions like Mike Haggren and an Ogg, or Kevin O'leary, where the result has been dream houses built on top of dream houses- there goes the neighborhood! -so no -one wins, they just leave town.! 9. Conclusion: I have no loud political voice, just a simple appeal from a common man adopted into a great country that allows me to have a home and family and great neighbors who thankfully (and hopefully) won't have to dwell in my front yard. Thanks for your consideration, Sincerely, Eddie Rose Case No. 11 -023 Public Comment Page 10 of 12 'public Hearing Item 7 -D &Z April 20, 2011 Sheila Smith From: Greg Egle [egor ©acsalaska.net] Sent: Monday, April 04, 2011 8:11 PM To: Sheila Smith Subject: Public Hearing Notice Case #11 -023 My Name is Greg Egle, PO Box 3274 Kodiak, Alaska Lot 3C Bells Flats Subdivision. I am responding as a property owner to a letter received from you regarding Case # 11 -023. I believe it is a bad idea to rezone this greenbelt to RR -1. This is a drainage area for all the water runoff above, it is a bird habitat and wetlands with migratory birds returning each year to nest and raise their young. Any kind of septic system would be problematic at best. One of our reasons for purchasing the adjacent property over 20 years ago was that it was greenbelt and wouldn't be built on. Thank you for your time in reading this. Sincerely, Greg Egle 1 Case No. 11 -023 Public Comment Page 11 of 12 • •ublic Hearing Item 7 -D P &Z April 20, 2011 Sheila Smith From: fred waltman [winterraven4x4 @yahoo.com] Sent: Tuesday, April 05, 2011 4:36 PM To: Sheila Smith Subject: Cases 11 -023 and S11 -012 Dear Sirs and Madams, I wish to protest the removal of tract H and a portion of tract G from public use designation and the proposed re- zoning of said lots for sale as residential lots. There isn't a single, solitary person on Chiniak dr. or Kalsin dr. that wants this to take place. The last thing we want is to see beautiful trees and a nice creek being transformed into housing, destroying vital habitat for numerous bird and animal species. My wife and I worked hard to keep the small beaver pond dam in good repair and the area free of debris. We asked for help from the Woman's Bay Road Service board in assisting us with this project and were ignored so we took it upon ourselves to donate our time and our money to keep the area in shape. We always said that if the dam went, the borough would jump in and try to take the land and sell it. Unfortunately, the big rain storm of 2008 broke the dam and flooded the area, wiping out the pond and what do you know, in comes the borough, grabbing at the land with gleeful greed. We know our pitiful protests won't stop you. Money talks and little things like what the actual residents of the area want aren't worth considering. You'll put on a show of listening, nod your heads as if you care and go right on with all the changes in designation and re- zoning but at least our consciences will be clear because we've spoken our protests. We and our neighbors have asked you not to change the lot designations but we're not so starry-eyed that we don't know where little things like local opinion stand in the priorities of greedy politicians. Sadly, Frederick E. Waltman II Case No. 11 -023 Public Comment Page 12 of 12 ublic Hearing Item 7 -D &Z April 20, 2011 MEMORANDUM DATE: April 8, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 20, 2011 Regular Meeting CASE: 11 -023 APPLICANT: Kodiak Island Borough AGENT: Robert Scholze REQUEST: A rezone, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1 -Rural Residential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. LOCATION: 10986 Chiniak Drive & 11629 Kalsin Drive ZONING: PL- Public Use Zoning District Forty (40) public hearing notices were mailed on March 9, 2011. Six (6) public comments were returned prior to the April 5, 2011 deadline. These comments generally expressed opposition to the proposed rezone. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan did not address this area. Zoned Unclassified by Ordinance 69 -30 -0. Rezoned to Rural Residential Zoning District by Ordinance 80 -9 -0. Rezoned to RR -1 Rural Residential Zoning District by Ordinance 83 -15 -0. Rezoned from Service /Recreation to PL- Public Use Zoning District by Ordinance 83 -21 -0. (Note: the record is unclear how the land got to be zoned Service /Recreation, however, the rezone to PL- Public Use Zoning District is well documented so that the current zoning ends up the same.) 2. Lot Size: Approximately 4.5 acres are requested to be rezoned. 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Proposed Lot 4 Lake Orbin Subdivision Use: Vacant Zoning: PL- Public Use Zoning District South: Bells Flats Block 1 Lot 7A -1 & Lot 7B Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District Case No. 11 -023 Staff Rpt Page 1 of 5 • Sublic Hearing Item 7 -D P &Z April 20, 2011 South: Bells Flats Tract C Use: Vacant Zoning: PL- Public Use Zoning District East: Bells Flats Block 5 Lot 1 -A & Lot 1 -D Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District West: Bells Flats Block 1 Lot 7A -3 & Lot 7 -4 Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District West: Bells Flats Block 4 Lot(s) 1 B, 2A -1A, 2B -1, & 3 Use: Single Family Residence Zoning: RR -1 Rural Residential Zoning District 5. Comprehensive Plan: The 1968 Comprehensive Plan did not address this area. The 1982 Womens Bay Comprehensive Plan designates all areas not designated for Commercial, Industrial, or Public Use to remain Rural Residential in nature. The 2008 Kodiak Island Borough Comprehensive Plan Update depicts this area residential as a proposed future land use. 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: 17.205.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.030 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 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 accompanied 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. 17.205.055 Submission to assembly. A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, Case No. 11 -023 Staff Rpt Page 2 of 5 ublic Hearing Item 7 -D &Z April 20, 2011 the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 ENFORCEABLE POLICIES Staff has not identified any enforceable policies of the adopted coastal management plan applicable or relevant to this request. STAFF COMMENTS This rezone request is a culmination of several years of work and effort responding to policy guidance directing the identification and disposal of suitable borough -owned properties. The Planning & Zoning Commission has previously reviewed this proposed disposal, and via Resolution 2000 -01 -R1 declared portions of the two tracts to be "surplus to the public's need ". The Borough Assembly likewise reviewed the proposed disposal, and confirmed the Planning & Zoning Commission's action via Assembly Resolution 2001 -22. The related subdivision case, S11 -012, is also before the Commission this month. This preliminary plat proposes a four -lot subdivision of Bells Flats AK Subdivision Tract H and Tract G. The Borough, as a means of protecting the existing pond area and the active drainage corridor below the pond, will retain Lot 4. Hence, only Lots 1, 2, and 3 of proposed Lake Orbin Subdivision are subject to this rezone request. Lot 4 will remain zoned PL- Public Use. Conformance with the Comprehensive Plan: As mentioned above, the 1982 Womens Bay Comprehensive Plan designates all lands not otherwise designated for Commercial, Industrial or Public use to be kept Rural Residential in nature. A residential use also conforms to the 2008 Kodiak Island Borough Comprehensive Plan update. Zoning /use: The land is currently vacant. The existing PL- Public Use Land zoning is intended for government land ownership and uses. The uses allowed in this zone are not compatible with private land ownership. Prior to disposal of this land, the zoning must be changed to allow for private development and to be consistent with the predominant zoning pattern for adjoining residential areas. The RR1 -Rural Residential One zoning 1 See Appendix pages 1 & 2. 2 See Appendix pages 3 & 4. Case No. 11 -023 Staff Rpt Page 3 of 5 • Sublic Hearing Item 7 -D P &Z April 20, 2011 district permits uses and structures that are consistent with the existing development pattern in the area. Land Suitability: Quoting the applicant's narrative, "Designation of this property as Residential on the Proposed Future Land Use map in the Kodiak Island Borough Comprehensive Plan Update (2008) supports rezone to RR I -Rural Residential One. The preliminary subdivision design proposes three lots in the 60,000- 70,000 square foot range, well exceeding the 40,000 square foot minimum for the zoning district. Each lot provides good potential building sites, and suitability of soils for well and septic will be confirmed by engineering as part of preliminary subdivision review. This is consistent with an implementation action recommended to achieve the Land Use Goal for Womens Bay contained in the Comprehensive Plan Update which states: "Encourage new residential development while maintaining a minimum lot size of RRI (40,000 square feet). Consider implementing larger lot sizes as appropriate to prevent water /septic problems." See Appendix Page 5 for wetlands delineation. Recent Development trends in the area: The land use pattern surrounding the rezone area is a combination of residential and public use. There is a vacant portion of Borough land to the east, located across Middle Bay Drive. The balance of the land surrounding the site is zoned RR1 -Rural Residential One and is developed with a mixture of single - family residential and mobile home residential. Traffic impacts: The projected traffic impact from the disposal of three lots, zoned RR -1 Rural Residential Zoning District is expected to be minimal. Even if developed to the maximum allowable density for the applicable zoning district, the marginal increase in traffic would not exceed the functional capacity of the adjoining roads. Case No. 11 -023 Staff Rpt Page 4 of 5 ublic Hearing Item 7 -D &Z April 20, 2011 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to rezone, according to KIBC 17.205, Lots 1, 2, and 3, Lake Orbin Subdivision, as depicted in the preliminary plat submitted in related Case No. S11 -012, from PL- Public Use Land to RR1 -Rural Residential One, subject to one condition of approval; and to adopt the "Findings of Fact" in the staff report dated April 8, 2011 in support of this recommendation. CONDITION OF APPROVAL 1. This rezone shall become effective upon the recording of the plat subject to this request. 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 PL- Public Use Land zoning district is intended only for lands that are publicly owned and the allowable uses are not compatible with private land ownership. This land was designated surplus to the public's need by the Kodiak Island Borough Assembly (Resolution 2001 -02). A rezone from PL- Public Use Land to RR1 -Rural Residential One is consistent with the Assembly's disposal policy. The RR1 -Rural Residential One zoning district permits uses and structures that are compatible with existing residential developments in the surrounding area. These residential uses are consistent with the intent of the 1982 Womens Bay Comprehensive Plan. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1982 Womens Bay Comprehensive Plan provides guidance. Per that plan, those lands not designated for Commercial, Industrial or Public use, are intended to be used for Rural Residential Purposes. The RR -1 Rural Residential Zoning District is appropriate, and supports private ownership and eventual development. Case No. 11 -023 Staff Rpt Page 5 of 5 • *Public Hearing Item 7 -D P &Z April 20, 2011 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. 2000 -01 -R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE DISPOSAL OF BOROUGH REAL PROPERTY THAT A DETERMINATION BE MADE THAT CERTAIN REAL PROPERTY OWNED BY THE KODIAK ISLAND BOROUGH IS SURPLUS TO THE PUBLIC'S NEED AND CAN BE MADE AVAILABLE FOR DISPOSAL AT A KODIAK ISLAND BOROUGH LAND SALE. WHEREAS, Section 18.20.030 of the Borough Code requires the review of each disposal of Borough real property by the Planning and Zoning Commission; and, WHEREAS, Section 18.20.170 of the Borough Code defines "disposal" as any transfer of real property; and, WHEREAS, the Kodiak Island Borough Community Development Department has determined that seven (7) parcels comprising 38.3 acres are surplus to the needs of the Kodiak Island Borough; and, WHEREAS, the Planning and Zoning Commission has determined that this proposal is in compliance with the Borough Code, and that, following rezoning and subdivision when appropriate, the disposal of surplus Borough lands to the public for fair market value, is a valid criteria for disposing of the Borough's interest in this property. NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Planning and Zoning Commission finds that the disposal of the Borough's interest in seven (7) parcels comprising 38.3 acres of real property legally described as: 1. Lot 7A, Block 4, Monashka Bay Subdivision (9.9 acres) (Plat 74 -19); 2. Lot 15, Russian Creek Subdivision within Lot 1, U.S. Survey 2539 (4.6 acres) (Plat 69 -2); 3. Lot 19, Russian Creek Subdivision and adjacent unsubdivided land within Lot 1, U.S. Survey 2539 (Attachment "D ") (approximately 8 acres); (Plat 69 -2) Resolution 2000 -01 -R Pane 1 oft P &Z: December 20, 2000 Case No. 11 -023 Appendix Page 1 of 5 • Public Hearing Item 7 -D P &Z April 20, 2011 4. Tract H and a portion of Tract G (proposed Tract H -1, Attachment "E "), Bells Flats Subdivision (5.48 acres) (Plat 69 -4); 5. Lots 1, 2, and a portion of Lot 6, Block 1, Tract A, Bells Flats Subdivision (# 10, Attachment "A ") (5.8 acres) (Plat 81 -8) 6. Lot 7, Block 1, Lakeside Subdivision (including adjacent Beaver Lake Drive extension right -of -way and excluding the rear 50 feet of Lot 7 adjacent to the Municipal Airport, which will remain greenbelt, Attachment "G ") (.94 acres) (Plat 86 -35) 7. Tract A -1, Kadiak Alaska Subdivision, 1' Addition (3.6 acres) (Plat 84- 9) by the Kodiak Island Borough to the general public is consistent with Titles 17 and 18 of the Borough Code and recommends that the Assembly find that these seven (7) parcels are surplus to the public's need and can be made available for disposal at fair market value in accordance with Kodiak Island Borough Code Section 18.20.100 A. ATTEST: PASSED AND APPROVED THIS 20t' DAY OF DECEMBER, 2000. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION BY :" - enn •=r Smi /: C. munity Development Department Secretary BY: Resolution 2000 -01 -R Clarence Chair Page 2 of 2 P &Z: December 20, 2000 Case No. 11 -023 Appendix Page 2 of 5 • •ublic Hearing Item 7 -D P &Z April 20, 2011 Introduce. Manager Jensen Requested by: Planning & Zoning Commission Drafted by: Borough Clerk Introduced: i 01/18/2001 Adopted: 01/18/2001 KODIAK ISLAND BOROUGH RESOLUTION NO. 2001 -02 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DECLARING THAT CERTAIN KODIAK ISLAND BOROUGH REAL PROPERTY IS SURPLUS TO THE PUBLIC'S NEED AND CAN BE MADE AVAILABLE FOR DISPOSAL IN ACCORDANCE WITH KODIAK ISLAND BOROUGH CODE WHEREAS, Kodiak Island Borough Code section 18.20.030 requires that disposal of Borough and be reviewed by the Planning and Zoning Commission before submission to the assembly; and WHEREAS, Kodiak Island Borough Code section 18.20.030 further requires that the Commission, by resolution, make a recommendation to the assembly regarding land disposal; and WHEREAS, the Commission adopted Resolution No. 2000 -01 -R at its regular meeting of December 20, 2000; and WHEREAS, Kodiak Island Borough Code section 18.20.170 defines "disposal" as any transfer of real property; and WHEREAS, the Commission has determined that seven parcels comprising approximately 38.3 acres are surplus to the needs of the Kodiak Island Borough; and WHEREAS, the Commission has determined that disposal is in compliance with the Borough Code, and that, following rezoning and subdivision when appropriate, the disposal of surplus Borough lands to the public for fair market value, is a valid criteria for disposing of the Borough's interest in this property; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: The parcels are surplus to the public's need and can be made available for disposal at fair market value in accordance with Kodiak Island Borough Code Section 18.20.100 A. Kodiak Island Borough, Alaska Resolution No. 2001 -02 Page 1 of 2 Case No. 11 -023 Appendix Page 3 of 5 • •Public Hearing Item 7 -D P &Z April 20, 2011 Section 2: The Kodiak Island Borough Assembly declares at the Borough's interest in the following legally described seven parcels comprising approximately 38.3 acres of real property are surplus to the public's needs: 1. Lot 7A, Block 4, Monashka Bay Subdivision (9.9 acres) (Plat 74 -19); 2. Lot 1 5, Russian Creek Subdivision within Lot 1, U.S. Survey 2539 (4.6 acres) (Plat 69 -2); 3. Lot 1 9, Russian Creek Subdivision and adjacent unsubdivided land within Lot 1, U.S. Survey 2539 (approximately 8 acres); (Plat 69 -2) 4. Tract H and a portion of Tract G (proposed Tract H -1), Bells Flats Subdivision (approximately 5.48 acres) (Plat 69 -4); 5. Lots 1, 2, and a portion of Lot 6, Block 1, Tract A, Bells Flats Subdivision (approximately 5.8 acres) (Plat 81-8) 6. Lot 7, Block 1, Lakeside Subdivision (including adjacent Beaver Lake Drive extension right -of -way and excluding the rear 50 feet of Lot 7 adjacent to the Municipal Airport, which will remain greenbelt (approximately .94 acres) (Plat 86 -35) 7. Tract A -1, Kadiak Alaska Subdivision, 1" Addition (3.6 acres) (Plat 84 -9) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS EIGHTEENTH DAY OF JANUARY, 2001 KODIAK ISLAND BOROUGH `/ /1 - 4 v Robin Heinrichs, Deputy Borough Mayor ATTEST: ,z,CGZez% /Judith A. Nielsen,- , Borough Clerk Kodiak Island Borough, Alaska Resolution No. 2001 -02 Page 2 of 2 Case No. 11 -023 Appendix Page 4 of 5 n 0) to CD Z 0 5 Jo 5 abed xlpuaddy £Z0-I 6 User Remarks: This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. Mar 30, 2011 Wetlands Freshwater Emergent - Freshwater Forested /Shrub Estuanne and Marine Deepwater ▪ Estuanne and Marine Freshwater Pond - Lake ▪ Rivenne - Other Sheila Smith From: fred waitman [winterraven4x4©yahoo.com] Sent: Tuesday, April 05, 2011 4:36 PM To: Sheila Smith Subject: Cases 11-023 and S11-012 Dear Sirs and Madams, I wish to protest the removal of tract H and a portion of tract G from public use designation and the proposed re-zoning of said lots for sale as residential lots. There isn't a single, solitary person on Chiniak dr. or Kalsin dr. that wants this to take place. The last thing we want is to see beautiful trees and a nice creek being transformed into housing, destroying vital habitat for numerous bird and animal species. My wife and I worked hard to keep the small beaver pond dam in good repair and the area free of debris. We asked for help from the Woman's Bay Road Service board in assisting us with this project and were ignored so we took it upon ourselves to donate our time and our money to keep the area in shape. We always said that if the dam went, the borough would jump in and try to take the land and sell it. Unfortunately, the big rain storm of 2008 broke the dam and flooded the area, wiping out the pond and what do you know, in comes the borough, grabbing at the land with gleeful greed. We know our pitiful protests won't stop you. Money talks and little things like what the actual residents of the area want aren't worth considering. You'll put on a show of listening, nod your heads as if you care and go right on with all the changes in designation and re-zoning but at least our consciences will be clear because we've spoken our protests. We and our neighbors have asked you not to change the lot designations but we're not so starry-eyed that we don't know where little things like local opinion stand in the priorities of greedy politicians. Sadly, Frederick E. Waltman II 1 Sheila Smith From: Richard Dellatran [kai_yaarkan@yahoo.corn] Sent: Tuesday, April 05, 2011 4:28 PM To: Sheila Smith Subject: cases 11-023 and s11-012 To whom it may concern (i.e. greedy Borough officials), While I realize this email is utterly pointless in the face of your rapacious avarice, I am compelled to compose this missive so that as I watch heavy construction equipment ravaging the area that I once considered a beautiful mini-park I can at least have the knowledge that I expressed my disgust at your acquisitive machinations. Let me pause here and apologize for using such florid language, thus forcing you to get out your dictionaries. I just wanted to show you that not all of the residents of Bells Flats are ignorant hippies too stupid to realize that what is being marketed as progress is really pure and simple gluttonous greed for money. Forget' about what EVERY last lot holder surrounding the area in question wants. The only thing that matters to you is the money the sale of the land and taxes upon houses built on said land will bring to Borough coffers. Nothing any of us say will stop you. Go ahead, rape the land and squeeze a couple more houses in here. After all, we 'Flatters' want to live just like you Townies do; with postage stamp yards and neighbors looking in our windows from every side, Enjoy your money. Sleep well knowing you've pillaged one small bit of nature for the sake of fattening your bottom line. We will watch the loss of beauty with sad eyes and know that you politicians can't help yourselves any more than sharks eating baby seals can. Once a gluttonous predator, always a gluttonous predator. Yours with low regard and even lower expectations, Melody Scharf-Waltman Edward and Helen Rose 10773 Chiniak Drove Kodiak, AK, 99615 April, 4th 2011 KIB Planning & Zoning Commission APR -52011 COMMUNITY DEVELOPMENT DEPARTMENT Reference Cases 11 -023, & 511 -012 Dear Sir Thank you for the opportunity to comment on the above proposed rezone and re plat. Let me first say that I am opposed to the proposal. My family and I have been at our location for 12 years. We moved from town, and spent a good deal of time researching our location. We were attracted by the open spaces and land buffers to our neighbors. We particularly enjoyed the walk around Kalsin Drive, with the mix of open land and developed properly. We intend to stay in this neighborhood, and are concerned about the planning of our small community. I have several points of concern. 1. The Lake: A large part of the area is -or has been- a lake, frequented by Canada Geese, and ducks. Since the torrential rains and mudslides of late 2009, the beaver dam is damaged, and the lake is drained. Local efforts to restore the lake have been unsuccessful, and apparently the Borough now considers the land up for grabs. I feel we should restore the wetlands that have been lost, with the Borough leading the way. 2. The watershed and drainage: There are several drainages passing through the area which will be negatively impacted by construction. 3. The planned balance of land use: One of the great charms of our area of Bells Flats, is the mix of public use land and residential that surrounds us. Development should be somewhat planned, not simply rubber stamped. We have issues with industrial zoning also, which should be fixed. To rezone this area is to upset that balance. 4. Fiscal income urgency: The immediate need for Borough income seems to be driving the show, also evinced by the recent dramatic rise in property values. This leads to an urgency of development, which is the enemy of thoughtful planning. There was no urgency to fix the lake. 5. Double losses: The land in question fronts on two roads, so changing this will cause a double depletion of public usage. 6. View to the future: Considering the future, I have no plans to move from my Island Paradise. I am seeing a trend, particularly with the Coast Guard, to view real estate as an investment to buy and sell, and only secondarily to live in. This is financial thinking, which tends to be concerned with immediate and short term returns-. 7. Development inside an existing neighborhood: The existing neighborhood is mature and developed, with the idea of uncrowded housing clearly seen in the 0.92 acre minimum size. To place more here may be technically correct, but the cumulative result will irreversibly alter the character and temper of the location. 8. Errors of planning: The planning and zoning commission have a delicate mission, balancing development with sustainability. Certainly the drive to develop quickly, with fast financial returns for the local government is a powerful motivator. You must balance that with what simple people need. I have been astounded with decisions like Mike Haggren and Dan Ogg, or Kevin 0' leary, where the result has been dream houses built on top of dream houses- there goes the neighborhood!-so no-one wins, they just leave town.! 9. Conclusion: I have no loud political voice, just a simple appeal from a common man adopted into a great country that allows me to have a home and family and great neighbors who thankfully (and hopefully) won't have to dwell in my front yard. Thanks for your consideration, Sincerely, Eddie Rose April 2, 2011 To: Kodiak Island Borough Comrnunity Development Department Planning and Zoning Commission �L�0� 8�� APR - 5 2011 COMMUNIN DEVELOPMENT DEPARTMENT From: Womens Bay Service Area Board RE: Rezone of Tr ct H and Ptn. Of Tract G (Proposed Lots 1,3, and 3, Lake Onbin Subdivision) from PL-Public Land to RR1-Rural Residential One Per the request for comment regarding the Tracts H and G, the Womens Bay Service Area Board has prepared this response to identify potential issues that will affect the Iocal tax base and residents. The major cmncernofthe8mandisdirectlyrelatedtothe previous kand6isposo|nnSargentCreekRoad of five parcels bv the K|B. The lack of engineering, design and|nvestigationregandingthedrainageand runoff issues in the area due to the development of these parcels after the sale and subsequent lack of enforcement of building codes has cost the Road Service District nearly $100,000 to develop and improve drainage in this immediate area. As the KIB land sale proceeds are directed into the KIB general fund and the KIB does not have "road powers", the Iocal service area and property owners have born this cost. Poor decisions by the developers of individual properties and lack of code enforcement have resulted in drainage water related issues with houses and property in this immediate area. These issues identified after the fact have cost residents and tax payers additional funds that could have been avoided if better planning and enforcement had taken place. The Board believes that if development is to move forward, the KIB holds the responsibility to examine the impacts to the area and identify design appropriate drainage and anticipated road impact during the preliminarily planning process. The argument will be that the Road Service District will receive tax revenues as a direct result of this sale and developrnent. When you analyze this argument it will be over 15 years until the collected tax pays for the costs incurred by the Road Service District related to the Sargent Creek sale. This results in long term identified maintenance issues being differed as a limited budget had to be utilized to fix problems that should have been identified as a cost associated prior to or during the sale planning process. Concerns directly related to the proposed Lake Orbin Subdivision plat are as follows: • Lot 1, Tract 11— Due to the elevation on the south side of this lot, the driveway access should be designated on the north side of the property and a d culvert be mandated as a requirement of the driveway permit. • On the west end of the lot, an existing drainage ditch exists that drains a cross road culvert on Kalsin Drive. The Board is requesting that the property lines be drawn to maintain this ditch line in the road setbacks to allow the Road Service District to maintain and improve this drainage as needed. • Lot 3, Tract H —Similarly with Lot 1, the driveway access should be identified on the Alitak Drive or north side of the property due to the south facing lot elevation and potential increased surface runoff to Kalsin Drive. A driveway culvert should be mandated as a requirement of the driveway permit. There is an existing natural drainage swale on the north east portion of the lot along Alitak Drive. If this drainage were filled by a property owner it would divert the natural drainage flow. This natural drainage area should be identifiedon the plat and consideration for drainage easement through this area. • Lot 2, Tracts H and G- This lot will require driveway access on the south side of the proposed lot which will result in a driveway on eitherKa|sin or Middle Bay Drive. As these roads have the primary drainage of the existing properties that are on the higher elevations in the area, the culvert size required for the anticipated driveway access will need to be sized correctly to ensure unobstructed flow under this driveway. The Board insists that any driveway that exits on a developed road be constructed at a 90 degree orientation to the existing road surface. • The Board is pleased that consideration to the drainage from Lot 4, Tract G has been considered and easement has been identified in order to maintain this large volume drainage at this site. This area is the site of a long established pond and green space recognized by the property owners of the area. It is the desire that this space be left intact condition zoning classification. The immediate area residents have been in discussion regarding a funding mechanism to allow the repair of the failed dam to reestablish the former pond. Thank you for the opportunity to weigh in on this property disposal. Due to our Chairperson, David Neuman being out of town when this packed was mailed, our board has had limited time to review the documents and the site. This comment letter has be prepared and submitted for the Tuesday, April 05, 2011 deadline. Our board meeting is April 5, 2011 at 7:00 pm and we anticipate that additional comments may be forth coming. The board is aware of the April 13, 2011 P&Z Work session and our intent is to be represented at that meeting if further information or comment is required. If you have questions or require additional information regarding these comments please contact our Chairperson, David Heuman. Womens Bay Service Area Board. r` Sheila Smith From: Sent: ' Monday, April V4.2U11O:11PYN To: Sheila Smith Subject: PubIic Hearing Notice Cage #11-023 My Name is Greg Egle, PO Box 3274 Kodiak, Alaska Lot 3C Bells Flats Subdivision. |eno responding asapropertyovvner1oale1terreceivedfromyouregardingCase#11-O33.|be|ieveithsabadWeoto • rezone this greenbelt to RR-1. Thisls adrainage area for atithe water runoff above, it a bird habitat and wetlands with migratory birds returning each ye'ar to nest and raise their young. Any kind of septic system would be problematic at best. One of our reasons for purchasing the adjacent property over 20 years ago was that it was greenbelt and wouldn't be built on. Thank you for y�ur time in reading this, Sincerely, Greg Egle 1 Sheila Smi h From: .corn] Sent: Thursday, March 24, 2011 8:01 AM To: Sheila Smith Subject: Comments regarding rezonng public use land To whom it may concern My name is Mark Witteveen and I live at 11542 Kalsin Drive (lot 7A-3, Bells Flats Subdivision), which is directly across the street from the proposed rezonirig of Tract H and G in the Belis Flats Subdivision. 1 apologize that 1 will be out of town for the public hearing and won't be able to participate. I oppose this rezoning. A very similar rezoning was proposed a few years ago and was met with including a petition signed by many Bell's Flats Residents. After such opposition, it is frustrating to see the same thing just a few years later. The area proposed for rezoning is often used by walkers and is a pleasant area for public use. There are no parks in the area and easily accessible public use land is at a premium. This area of Bells Flats is fully utilized and many people have expressed concerns about the impact of drilling additional wells on their own water supply as well as additional septic systems directly upstream of Lake Orbin. Thank you, Mark Witteveen March 9, 2011 Bob Scholze Kodiak Island Borough 710 Mill Bay Road 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 11 -023. Request a rezone, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1 -Rural Residential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. Dear Mr. Scholze: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for-Public Hearing at their April 20, 2011 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, April 13, 2011 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, Q&Iheic2ci Q:51rn Ca) Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 March 9, 2011 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 20, 2011. 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: 11 -023 Kodiak Island Borough Bob Scholze A rezone, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR 1 -Rural Residential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. 10986 Chiniak Drive & 11629 Kalsin Drive PL -Pubic Use Land 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 bv 5 pm, April 5, 2011 to be considered bv the commission. The commission shall not consider any new information submitted less than fifteen (15) days prior to a regular meeting date (Planning & Zoning Bylaws amended June 16, 2010). If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them 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, April 13, 2011, 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 10986 Chiniak Dr. & 11629 Kalsin Dr. P & Z Case 11 -023 Kodiak Island Borough/ Bob Scholze Request a rezone, according to KIBC 17.205, to investigate a change of zoning for Tract H and a Portion of Tract G, Bells Flats Alaska Subdivision, from PL- Public Use Land to RR1- RuralResidential One, said rezone area to be proposed for replat in related Case S11 -012, in order to create Lots 1, 2 and 3, Lake Orbin Subdivision. norson 1 wiAl■ntlp 11#1"t 4° 4eAt44ktiA Agfa" er vvi4t ,w4w dbfrN* ;40 Kodiak Island Borough GIS 360 720 t r 1 1,440 r I 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. JAMES AMUNDSON P O BOX 844 KODIAK, AK 99615 THOMAS CAGLE 10797 CHINIAK DR KODIAK, AK 99615 TIMOTHY CALDAS 11000 LAKE ORBIN RD. KODIAK, AK 99615 DALE CHRISTOFFERSON THOMAS CUBBEDGE PAMELA DELYS P.O. BOX 1219 P 0 BOX 2286 P 0 BOX 2294 KODIAK, AK 99615 KODIAK, AK 99615 SALMON, ID 83467 CRAIG DILLON PO BOX 3000 KODIAK, AK 99615 DAVID GEDDES LIVING TRUST P.O. BOX 2334 KODIAK, AK 99615 MARK HOLT PO BOX 3484 KODIAK, AK 99615 DAVID R JACKSON 11248 KALSIN DRIVE KODIAK, AK 99615 GERALD LAFOLLETTE P 0 BOX 2366 KODIAK, AK 99615 STEVEN MCKECHNIE 10843 CHINIAK DR KODIAK, AK 99615 KEVIN NOLAN ETAL PO BOX 1305 KODIAK, AK 99615 JAMES RIPPEY ETAL P.O. BOX 2038 KODIAK, AK 99615 ANTHONY DRABEK 11171 UGAK DR. KODIAK, AK 99615 RICKY GRAVES 10742 CHINIAK DR KODIAK, AK 99615 HOUSE OF SCO 1 1 PO BOX 1675 KODIAK, AK 99615 DAVID KILLEEN 11166 LAKE ORBIN DR KODIAK, AK 99615 BURDETTE LECHNER P.O. BOX 1616 KODIAK, AK 99615 PARRY NELSON PO BOX 92 KODIAK, AK 99615 MARIUS OLSEN 10809 CHINIAK DR KODIAK, AK 99615 DAVID RI 11 ENHOUSE JR P.O. BOX 2559 KODIAK, AK 99615 L MICHELLE EGLE P.O. BOX 3274 KODIAK, AK 99615 TK & GESA GUSTAFSON 759 PRESTON LANE KODIAK, AK 99615 JOHN ISADORE PO BOX 33 KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 ASHLEY LOGAN 10745 CHINIAK DR KODIAK, AK 99615 STANLEY NESS PO BOX 1311 KODIAK, AK 99615 DOUGLAS PREMOE 2804 SUDBERRY LN BOWIE, MD 20715 EDWARD ROSE 10773 CHINIAK DR ' KODIAK, AK 99615 ALICIA SHORT-MCEWAN 11206 W. REZANOF DR. KODIAK, AK 99615 MANIMONE SOURIYASONG 10891 CHINIAK DR KODIAK, AK 99615 CIEN WEEKS 11166 LAKE ORBIN CIR KODIAK, AK 99615 MARK WIl 1 EVEEN 11542 KALSIN DR. KODIAK, AK 99615 PAULA S SMEDLEY ETAL PO BOX 8529 KODIAK, AK 99615 THOMAS TROSVIG 11132 LAKE ORBIN CR KODIAK, AK 99615 HEATHER WHEELER ETAL 11068 LAKE ORBIN DR KODIAK, AK 99615 GILBERT SMITH 11968 ALITAK DR KODIAK, AK 99615 FREDERICK & MELODY WALTMAN 11019 CHINIAK DR KODIAK, AK 99615 WILLIAM WILLIAMS PO BOX 766 KODIAK, AK 99615 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9304 Fax (907) 486-9374 E-mail: rscholze@kodiakalc.us To: Planning and Zoning Commission From: Bob Scholze, Resource Management Office Date: March 1, 2011 Re: Rezone of Tract H and Ptn. of Tract G (Proposed Lots 1, 2 & 3, Lake Orbin Subdivision) from PL-Public Land to RR1-Rural Residential One By Commission Resolution (#2000-01-R) and Assembly Resolution (#2001-02), this Borough property described as Tract H and a portion of Tract G (now proposed Lots 1, 2 & 3, Lake Orbin Subdivision) was determined to be surplus to the public's need and available for disposal at Borough land sale. The remaining two steps in that process are rezone to an appropriate zoning district consistent with that intent and with the Comprehensive Plan, as well as subdivision consistent with the land characteristics and the surrounding neighborhood. Both of these cases are before the Commission this month. Among the more obvious reasons supporting disposal of Borough land at sale are raising revenues that can offset taxes, and augmenting the Borough tax base. There is also a desire to provide land to future home owners for development at an affordable price, which satisfies the public's desire to transfer land into private hands. Resistance from neighbors to any discussion of disposal of public land is predictable. However, that should not, of itself, foreclose on future settlement opportunities in areas that may be suitable, as well as economical because of existing infrastructure, for residential development. Designation of this property as Residential on the Proposed Future Land Use map in the Kodiak Island Borough Comprehensive Plan Update (2008) supports rezone to RR1-Rural Residential One. The preliminary subdivision design proposes three lots in the 60,000-70,000 square foot range, well exceeding the 40,000 square foot minimum for the zoning district. Each lot provides good potential building sites, and suitability of soils for well and septic will be confirmed by engineering as part of preliminary subdivision review. This is consistent with an implementation action recommended to achieve the Land Use Goal for Womens Bay contained in the Comprehensive Plan Update which states: "Encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet). Consider implementing larger lot sizes as appropriate to prevent water/septic problems." This property originally contained barracks as an extension of the Kodiak Navy Base during World War II. It was one of the subjects of environmental restoration in Bells Flats under the federal Defense Environmental Restoration Program for Formerly Used Defense Sites (DERP-FUDS) with site closure related to removal of both underground and above ground fuel tanks completed in 2004. PRELIMINARY VA CA TION.' OF TRACTS G AND H OF THE BELLS FLATS ALASKA SUBDIVISION, U.S.S. 2539, PLAT 69 -4 REPLA T TO: LAKE ORBIN SUBDIVISION OTS ONE THROUGH FOUR, OF THE BELLS FLATS SUBDIVISION J.S.S. 2539 IN THE KODIAK RECORDING DISTRICT, KODIAK, ALASKA 7A -3 7A -4 7A- 7A -3 7A -2 7A -1 7B VICINITY MAP 60 �a0 2A -1 A T G OT 4 1 ACRES ± 2F ti 18 IA Z 18 100 1' 1. 1D 4 50 S5 D. =1323437" R. =1500 L. =34.71 • 55 6• 0 0 13' N�IE 7A -2 25 5. 78 D. =4000'00" R. = 124.91 L. =87.20 75 NOTE A" THE AREA IND /CA TED 15 A PORTION OF ORIGINAL TRACT H" VACATED AND HEREBY DEDICATED 7A -1 AS KAL SIN BAY DRI PE RIGHT OF WAY. (1, 733 SF. f) �EyorJ €— R 1 P�- 'D RR (eftsc n-o12-) I. V✓ 1/-l1 %1V I •1 • • ✓ V 1 • VVV 710 Mill Bay Rd., Room 20c KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information I< L 1 )-A- ..) &r2etj6i1 Property owner's name 710 MI LL t y rf) Property owner's mailing address 1t�J� (1 )< (1461 City State Zip Home phone Work Phone E -mail Addr. <C)4J , COI C' Agent's name (If applicable) (S ►e) Agent's mailing address City Home phone State /. -2 -3ci j Work Phone Zip E -mail Addr. Property Information +- 2 ? i () 5 Property rt ID-Number /s gifts > 1 ci3 1/ 2- :0 COO Legal Description 049,-F (A,S' *f 5 PL Current Zoning: Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: ;) i Ci-1tJ'T Proposed Use of Property. tf 4YV L Ca Le) (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 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. k Additional Narrative /History As -built Survey Photographs .Y Maps Other r/ li1/1 /r_ ' 61 1, "`< /6 '1 L Property Owner's Signature Date Authorized Agent's Signature f/ Date 1 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 authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site pl review, etc.) $150.00 Zoning change from f L to ) (KIBC 17.72.030 and 030.C)* Application received by: Staff signature 1-c 2? PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per K.IB Assembly Resolution Eff. July 1, 2005) Less than 1.75 acres . i .r10 1.76 to 5.00 acres 5.01 to 40.00 acres .0.0 40.01 acres or more $1,500.0(I Apencable Kodiak Island Borough Code Application Reouiremgds General 17.03.050 Approval by plamdng and zoning commission._ it is sorted is ibis title that uses arc permitted subject to approval by the co mmission, an application for consideration shall be submitted to the community development department with a she ptan.... Variance 17.66.020 Application. An application for a variance may be filed by a pmperty owner or hie 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 m restrictions, meets all of rbe following, the variance shall be granted 1. That there are exceptional physical circumstances or conditions applicable to the propaty 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 difiiculues or unnecessary hardship; 3. That the granting of the variance coil not result in material damage or prejudice w other properties in the vicinity nor be demimental to the public's heahh, safety or general welfare; 4. That the granting ef 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 being sought by a variance; and 6. That granting the variance will not permit a prohibited land use m 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 shag deny the variance. 17.66.060 Conditions. The commission, in granting the variance, may establish conditions undo which a lot or parcel of land may be used or a building constructed or altered; make requirements as to amhitectsre, 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 pmpaties 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 initiated by a property owns or his authorized agent. B. An application for a conditional use shall he filed with the department em 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 plat. 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. 1767.050 Standards In granting a conditional taw permit the commission must make the following Wings: A. That the conditional use will Preserve the value, spirit, character gad integrity of the surrounding area, B. TTat the conditional use Mails all other requitemens of this chapter pertaining Mille condiiidoil use in question; C. That granting the ceoditional use permit will not be harmful to the public health, safety; convenience and comfort; D. That the sufficient satieck5, lot area, buffos or oilier safegiimds are being provided to meet the conditions listed in subsections A through C of this section; E. If rite permit is fora public use or structure, the commission must ford that the proposed use or smnctu a is located in a manna which will maximize public benefits. 17.67.060 Stipulations In reem:unending the panting of a conditiooal 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 propaty, 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 Zang 1733.020 Permitted uses The following land uses are permitted in the subject to the approval of a fission: Zero Int Line Development 1734.090 Site plan requirement Developments of more than three (3) coramag -wall struemres shall provide a site phut containing the information section 17.67.030 of this tide Said site plan shall be reviewed and approved by the co mmission ptiorto issuance of a building permit Boundary Amendment (Reznningj 17.72.030 Manner of Initiation. Clangs iu dais title may be initiated in the following manner. A. The assembly upon its own motion; B. The commission upon lies own motion; and C. By petition of one (I) or more owners of property within an area proposed m 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 accompanied by the required fez and such data end information as may be necessary to assure the fullest practicable presentation of fact and shall set forth reasons and justification for proposing such change. Revised Jan. 2004 Docaman2 Kodiak Island Borough GIS System 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. Kodiak Island Borough Journal Post Listing Journal Reclassification Department Number Type Sub Ledger G/L Date Description Source Reference Journal Type 120 - Finance 2011 - 00001881 JE GL 03/01/2011 KIB ZONING CHANGE G/L Dale G/L Account Number Account Description Description Source Debit Amount Credit Amount 03;01/2011 03/01/2011 100 10L100 100 -000 322.170 User: Dria Holloway Cash In Bank -Wells Fargo Zoning Change Fee KIB ZONING CHANGE KIB ZONING CHANGE Number of Entries: 2 750.00 750.00 $750.00 $750.00 Pages: 1 of 1 3/1/2011 4:0... *3 PM