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RUSSIAN CRK TR K - Rezone (2)
This plat meets the eligibility requirements of 16.30.020(A) to be reviewed as an abbreviated plat by the fact that it is limited to: 1. The movement, addition or elimination of lot lines within filed, surveyed subdivisions that do not result in the creation of more than four lots, parcels, or tracts. C. This plat does not create a subdivision that will: 1. Allow a change in the permitted use to which the lot or tract may be devoted under existing zoning; 2. Alter or vacate a dedicated street, right-of-way, or other public area, or require additional dedication 3 Deny adequate access to and from all lots or tracts created by the subdivision or those adjacent to it; or 4. Create a residential lot smaller than the minimum size for the zoning district. Roll call vote on the amended motion CARRIED 4-0. Roll call vote on motion CARRIED 4-0. B Case 08-023. Adopt Findings of Fact in support of the Planning & Zoning Commission's decision to deny the rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B-Business to RR1-Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to adopt findings of fact for case 08-023 according to the findings of fact outlined in the staff report dated January 4, 2009. Commission discussion. FINDINGS OF FACT Finding as to the need and justification for a change or amendment There is no need or justification for the rezoning of parcels in this case as the parcels are being utilized consistently with the intent of the B-Business zoning district. Any change in zoning would make the existing legitimate uses nonconforming disallowing any growth and expansion. Finding as to the effect a change or amendment would have on the objectives of the comprehensive. A rezoning of this area to residential is inconsistent with the recently adopted comprehensive plan that identifies this area for business use. Any change in the zoning would be counter to the overall intent of zoning and that is to separate incompatible uses. Recommendation as to the approval or disapproval of the change or amendment. It is recommended that the request for rezoning of parcels in this request be disapproved. Roll call vote on motion CARRIED 4-0. NEW BUSINESS A) Elections — Chair and Vice Chair CHAIR KING asked for nominations for Chair. COMMISSIONER WATKINS nominated Dave King as Chair. Nominations were closed for Chair due to there were no more nominations. January 21, 2009 P&Z Guidelines Page 13 of 15 Voice vote on Dave King as Chair CARRIED 4-0. CHAIR KING asked for nominations for Vice Chair COMMISSIONER JANZ nominated Brent Watkins for Vice Chair. Nominations were closed for Vice Chair due to there were no more nominations. Voice vote on Brent Watkins as Vice Chair CARRIED 4-0. B) Introduction of Proposed Amendments to the Planning & Zoning Commission By-Laws CHAIR KING stated this is before the commission for review and will be on the next month's agenda for approval. A brief discussion C. Resolution 2009-02 Requesting Funding to Hire a Consultant for Title 16-Subdivisions and Title 17-Zoning Code Updates Cassidy gave a brief staff report. COMMISSIONER TORRES MOVED to approve Resolution 2009-02 — A Resolution of the Kodiak Island Borough Planning & Zoning Commission recommending the hiring of a consulting firm to update Title 16 and Title 17 of the Kodiak Island Borough Code. Commission discussion. Roll call vote on motion CARRIED 4-0. COMMUNICATIONS A. Larsen Bay Private Dock — Coastal Project Review B. Old Harbor Small Boat Harbor Replacement — Coastal Project Review C. Ouzinkie Dock — Coastal Review Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to accept communications as presented. REPORTS A. Meeting Schedule: • February 11, 2009 work session at 7:30pm in the KIB Conference Room. • February 18, 2009 regular meeting at 7:30pm in the Assembly Chambers. Cassidy gave a brief staff report. A brief discussion regarding postponing the February 18, 2009 meeting to February 25th due to there won't be a quorum for the 18th• COMMISSIONER WATKINS MOVED to postpone the February 18, 2009 Planning & Zoning Commission regular meeting to February 25, 2009. Voice vote on motion CARRIED unanimously. COMMISSIONER WATKINS MOVED to accept reports as amended. Voice vote on motion CARRIED unanimously. January 21, 2009 P&Z Guidelines Page 14 of 15 Mr. Duncan Fields PO Box 25 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us January 23, 2009 Re: Case 08-023. Adopt findings of fact in support of the Planning & Zoning Commission's decision to deny the rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B-Business to RR1-Rural Residential One. Dear Mr. Fields: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on January 21, 2009, adopted findings of fact in support of their rezone denial at the December 17, 2008 regular meeting. Findings of Fact are the commission's formal justification for the action taken FINDINGS OF FACT Finding as to the need and justification for a change or amendment There is no need or justification for the rezoning of parcels in this case as the parcels are being utilized consistently with the intent of the B-Business zoning district. Any change in zoning would make the existing legitimate uses nonconforming disallowing any growth and expansion. Finding as to the effect a change or amendment would have on the objectives of the comprehensive. A rezoning of this area to residential is inconsistent with the recently adopted comprehensive plan that identifies this area for business use. Any change in the zoning would be counter to the overall intent of zoning and that is to separate incompatible uses. Recommendation as to the approval or disapproval of the change or amendment. It is recommended that the request for rezoning of parcels in this request be disapproved. ICIFBC 17.205.055 — Submission to the Assembly 13. 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. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. Should you choose to appeal the Commission's decision to the Borough Assembly, a $350.00 appeal fee is required along with your written statement. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, Bud Cassidy, Direc o CC: Rick Gifford, Manager Nova Javier, Borough Clerk Rob Lindsey Darlene Cain Luke Lester Andy Kuljis Text LCurrent Zoning P & Z Case # 08 -023 IB P &Z Commission FINDINGS OF FACT Legend Rezone Area Rezone Parcels Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone S Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Oepartmerlt. OLD BUSINESS ITEM VII -B SUPPLEMENTAL MEMORANDUM FINDINGS OF FACT DATE: January 4, 2009 TO: Planning and Zoning Commission FROM: Bud Cassidy, Director, Community Development Department SUBJ: Information for the January 21, 2009 Regular Meeting CASE: 08 -023 APPLICANT: Luke Lester, Darlene Cain, Duncan Fields, Andy Kuljis, and Rob Lindsey REQUEST: A rezone, in accordance with KIB Code Section 17.72 of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1- Rural Residential One. LOCATION: 11883, 11967 11945 and 11723 South Russian Creek Road ZONING: B - Business Zoning District. STAFF COMMENTS LAST MEETING — COMMISSION ACTION At the December 17, 2008 Regular Meeting staff looked for direction from the commission on how proceed with this case. The original petitioner had sold the property to new owners who were not in favor of the rezoning effort and who were in fact operating legitimate business on these B- Business zoned lots. These new owners took their concerns to the Assembly and as a result, the Assembly remanded the case back to the commission for review and recommendation. The commission debate at the last regular meeting centered not only to recommend against the rezoning of parcels originally requested by Darlo Dayton, but there was also a reluctance to recommend a zoning change for the more recent parcel (Tract K) added to this case by new petitioners (Fields, Kuljis and Lindsey). The commission was clear though that any future request for residential zoning at this "business zoned island" in Womens Bay include the residential uses that appear to be occurring off of Cottonwood Circle. Case 08- 023 — Findings of Fact Page 1 of 4 P & Z: Jan. 21, 2009 OLD BUSINESS ITEM VII-B The commission also felt that recommending a rezone of Tract K by itself was not sufficient to withstand a "spot zoning"..challenge. With that discussion, the commission denied the original rezoning request made by Mr. Dario Dayton as well as the additional properties that were added later in the process owned by Fields, Kuljis, and Lindsey. ACTION REQUIRED — APPROVAL OF FINDINGS OF FACT The action required to advance this case to the assembly is to approve formal "findings of fact" to support the decision of the commission not to approve a rezoning of these parcels into a residential category. Findings should be consistent with KIBC 17.205.020 Report from the planning and zoning commission, and answer the following: • Findings as to the need and justification for a change or amendments; • Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan • Recommendation as to the approval or disapproval of the change or amendment. DISCUSSION The commission denied a request for a rezone to all properties involved in the request. The primary reason was because the new owners are operating legitimate businesses on this B-Business zoned property (one owner was presently running a business on the lot she bought — a feed store, the other was a fisherman who had been looking for a lot to operate his fishing business, store fishing gear etc). A rezoning to a residential zoning district would have made these uses "non-conforming" or "grandfathered", or illegal to expand beyond its present footprint. The.commission also denied the other parcels that made up this case because of their concern that approving just Tract K would constitute "spot zoning." What spot zoning means has not always been clear to commissioners or the public. A couple of definitions of spot zoning are as follows: • Spot zoning occurs when a small area of land or section in an existing neighborhood is singled but and placed in a different zone from that of the neighboring property. Case 08-023 - Findings of Fact Page 2 of 4 P & Z: Jan. 21, 2009 OLD BUSINESS ITEM VII-B • The zoning of a small area of land, or one or more properties, for a use that is not in harmony with the normal zoning plan for the area, especially if a small area is rezoned in a way that does not conform to the surrounding neighborhood. Spot zoning is normally invalid if the permitted use is very different from the surrounding area; the area involved is small, or it can be shown that the municipality has favored one landowner to the unreasonable detriment of the surrounding area, or so as to prejudice the intention of a comprehensive plan. • Rezoning applied to a single property is subject to a challenge that the rezoning constituted an illegal spot zoning action. An exception is if it is made for the benefit of the community at large and in accordance with a comprehensive plan. • Properties may be rezoned in accordance with a comprehensive plan to meet the changing needs of the community. RECOMMENDATION It is recommended that the commission review the findings provided, amend if necessary, and forward you recommendation to the Assembly as required in KIBC 17205.020 Report from the Planning and Zoning Commission. APPROPRIATE MOTION "Move to adopt findings of fact for case 08-023 according to`the findings of fact outlined in the staff report dated January 4, 2009". FINDINGS OF FACT Finding as to the need and justification for a change or amendment There is no need or justificationb for the rezoning of parcels in this case as the parcels are being utilized consistently with the intent of .the B-Business zoning district. Any •change in zoning would make the existing legitimate uses nonconforming disallowing any growth and expansion. Finding as to.the effect a change or amendment would have on the objectives of the comprehensive. A rezoning of this area to residential is inconsistent with the recently adopted comprehensive plan thatidentifies this area for business use. Any change in the zoning would be counter to the overall intent of zoning and that is to separate incompatible uses. Case 08-023 - Findings of Fact Page 3 of 4 P & Z: Jan. 21, 2009 OLD BUSINESS ITEM VII-B Recommendation as to the approval or disapproval of the change or amendment It is recommended that the request for rezoning of parcels in this request be disapproved. Case 08-023 - Findings of Fact Page 4 of 4 P & Z: Jan. 21, 2009 Mr. Duncan Fields PO Box 25 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.lcib.co.kodiak.alcus January 6, 2009 Re: Case 08-023. Adopt Findings of Fact in support of the Planning & Zoning Commission's decision to deny the rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B-Business to RR1-Rural Residential One. Dear Mr.Fields: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Old Business at their January 21, 2009 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, January 14, 2009 at 7:30 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, 11,et9fa Sheila Smith, Secretary Community Development Department CC: Rob Lindsey Darlene Cain Luke Lester Andy Kuljis Mr. Duncan Fields PO Box 25 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.kib.co.kodiak.ak.us January 6, 2009 Re: Case 08-023. Adopt Findings of Fact in support of the Planning & Zoning Commission's decision to deny the rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B-Business to RR1-Rural Residential One. Dear Mr.Fields: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Old Business at their January 21, 2009 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, January 14, 2009 at 7:30 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, Sheila Smith, Secretary Community Development Department CC: Rob Lindsey Darlene Cain Luke Lester Andy Kuljis lands are currently R1 -SFR with pending rezone to B- Business for Lots 2 and 3, Block 2 and Lot 1, Block 3, Tract A, Townsite of Larsen Bay, U.S. Survey 4872. The applicant is Uyak Bay Lodge LLC and the agent is Joel Wattum. Cassidy reported there's a letter in the packet from the applicant requesting postponement due to he is working with the City of Larsen Bay trying to reach an agreement to be able to use the right -of -way. COMMISSIONER JANZ MOVED to recommend to postpone Case S09 -006 until the May 20, 2009 regular meeting to give more time for the applicant and the City of Larsen Bay to work out a viable solution. Commission discussion Roll call vote on motion CARRIED 4 -0. B) Case 08 -023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. The locations are 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B- Business. The applicant's are Luke Lester, Duncan Fields, Andy Kuljis, & Rob Lindsey. Cassidy gave some background to this case and stated staff is looking for direction on how the commission wants to proceed. COMMISSIONER WATKINS wanted clarification on if forwarding Tract K only to be rezoned would remove the 2 people who' purchased land that wishes to stay zoned Business. COMMISSIONER JANZ asked for clarification on what the other properties are zoned. CHAIR KING requested to change the order and discuss the case before a motion is made. Smith told the commission that they have to make a motion before it can be discussed COMMISSIONER JANZ MOVED to rezone, according to KIBC 17.72, of Lots 1& 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Commission discussion. CHAIR KING feels the commission should either approve or deny all 4 lots because by splitting it up they would be getting into spot zoning issues. COMMISSIONER JANZ feels the same way but maybe it wouldn't end up so much spot zoning as bringing properties into compliance. Watkins feels that if it is starting to be developed as Business lots then Business is moving into the area so we should let businesses move in. COMMISSIONER TORRES feels this request should not be approved and the new owners can come up with a new request if they choose to do so. Roll call vote on motion FAILED 4 -0. COMMISSIONER WATKINS feels that since we are starting to see Business development out there the zoning now seems to be a fruitful and valid zoning, and he doesn't see a need to change Tract K to residential because it would create a residential island in the middle of a bunch of businesses. December 17, 2008 P &Z Minutes Page 2 of 6 COMMISSIONER JANZ and COMMISSIONER TORRES feels if the owners of Tract K are still interested in rezoning to residential they should explore the properties on the other side of their lot because we don't want to do spot zoning. CHAIR KING stated when Dayton filed for a rezone we found it in order and passed it on to the Assembly and since then the property has been sold. KING does not feel that Dayton doesn't have a right to file for the rezone. COMMISSIONER WATKINS MOVED TO POSTPONE findings of fact on Case 08-023 to the January regular meeting. Roll call vote on motion CARRIED 4-0. C) Case S09-010. Adopt findings as Findings of Fact in support of the Commission's decision to deny Preliminary approval, according to KIBC 16.40, of the re-subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re-subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska lst Addition; and Lot 2, Block 2, Kadiak Alaska lst Addition; including a vacation of the 60-foot wide Perenosa Drive right-of-way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B-1A and 2A, Block 1, Kadiak Alaska 1st Addition; Lot 2A, Block 2, Kadiak Alaska lst Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska lst Addition. The location is the Perenosa Drive Right-of-Way, and the zoning is B-Business and R3-Multi-family Residential. The applicant is Michael Anderson. CHAIR KING informed the audience that the decision of the Commission shall be final unless a request for reconsideration or an appeal to the Assembly is made within 10 working days after this decision. Cassidy gave a staff report and recommended adopting findings of fact supporting the commission's denial of the original request. COMMISSIONER JANZ MOVED to adopt the findings in the Supplemental Memorandum dated December 1, 2008 as "Findings of Fact" for case S09-010. CHAIR KING read the findings of fact into the record. FINDINGS OF FACT 1. The applicant has not proven that the area being vacated is of no value to the borough. (ref: KIBC16.60.010) 2. The applicant does not represent the state, the borough, a public utility, or owners of a majority of the land fronting the part of the street to be vacated. (ref: KIBC16.60.020) Roll call vote on motion CARRIED 4-0. D) Case S09-011. Adopt findings as Findings of Fact in support of the Commission's decision to deny a vacation, according to KIBC 16.60, of a five (5) foot portion of a 50-foot wide road and utility easement across the front of Lot 5A, U.S. Survey 3466. The location is 2561 Beaver Lake Drive, and the zoning is RR1-Rural Residential One. The applicants are Dennis & Deborah McCusker. Cassidy gave a brief staff report recommending denial and findings of fact in support of the decision be adopted. December 17, 2008 P&Z Minutes Page 3 of 6 Mr. Duncan.Fields PQ Box 25 Kodiak, AK 99615 Kodiak Island Borough. Community DevelopmentDepartment 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-93.96 www.kodiakak.us December 18, 2008 Re: Case 08-023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B-Business to RR1-Rural Residential One. The locations are 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B- Business. The applicant's are Luke Lester, Duncan Fields, Andy Kuljis, & Rob Lindsey. Dear Mr. Fields: The Kodiak -Island Borough Planning and Zoning Commission at their regular meeting on December 18, 2008 failed your rezone request and postponed adopting Findings of Fact on the case referenced above until their January 21, 2008 regular meeting. If you have any questions feel free to call the Community Development Department at 486-9363. Sincerely, Bud Cassidy Director CC: Rob Lindsey Darlene Cain Luke Lester Andy Kuljis Duncan Fields P.O. Box 25 Kodiak, AK 99615 December 8, 2008 Hand Delivered KIB Planning Department 710 Mill Bay Road Kodiak, AK 99615 Re: Rezone of Tract K, Russian Creek Subdivision Dear Sir or Madam: I have received notice of review by the Planning and Zoning commission of the rezone request for Tracts K & L, Russian Creek Subdivision, Bells Flats. Previously, the commission approved the rezone but, when a recent purchaser of Tract L objected, the Assembly tabled action. would request that the Commission affirm the rezone of Tract K. The adjacent property on the north, Tract J, is now residential and residential use is the highest and best use of this property. The area has not developed as anticipated when sold as business property. It is appropriate, now some 30 years after initial sale, to acknowledge that development has been different than expected and that this is primarily a residential area. I understand that the adjacent parcel to the south may want to remain business for now. This, however, shouldn't impact the realization that the area surrounding Track K on two sides is residential (the fourth side is wetlands). In fact, the larger part of the "business" parcel to the south is a residence. The low impact businesses further to the south - -- feed store, greenhouse and warehouse are all compatible with residential use of Tract K. Thank you in advance for your consideration to approve the rezone of tract K. If you have any additional questions, please do not hesitate to contact me. ECEOWEI DEC - 8 2008 jj COMMUNITY DEVELOPMENT DEPARTMENT Very ly yours, D ncan Fields I." Current Location 11883, 11967, 11945, & 11723 S. Russian Creek Rd. Agenda Item # VI A P & Z Casec# 08-023 Dario Dayton, Duncan Fields, Andy Kuljis, 8, Rob Lindsey Request a rezone, accordihg to KIBC 17.72.030 and 17.72.030.0, from B-Business to RRI-Rural Residential One, Lot owned by Fields,Kuljis and Lindsey Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept-- 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals. Scale is 1:63,360 Created In ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained In manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Referred Back to Manager Gifford P & Z Commission CDD Staff 07/17/ 2008 08/07/2008 08/07/2008 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009-03 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING FOUR (4) PARCELS OF LAND IN THE RUSSIAN CREEK SUBDIVISION, TOTALING APPROXIMATELY 20 ACRES, FROM B-BUSINESS TO RR1 — L RESIDENTIAL ONE DISTRICT (P&Z CASE 08-023) WHEREAS, the "island" of business zone property in Womens Bay is loc Creek Subdivision; and WHEREAS, while the side of this business zoned property including business from the Speedy Kraft store down to Rende of this B — Business zone "Island" fronting South Russian Cree WHEREAS, the Planning and Zoning Commission h s revi rezone the back portion of this business "island" in t Russi current B-Business zoning district to another zon reach its full potential; and zanof Drive (and h iving, the back side languished; and -‘1,;c1 a number of requests to Creek Subdivision from its eflect the area's slowness to WHEREAS, much of the residentially zone ble for development in Womens Bay has been utilized leaving the more chal ngi • environmentally sensitive parcels left to develop; and WHEREAS, the Planning and part of the review for this case; WHEREAS, the Plannin with the goals and obje the rezoning would p have located in th by an increase i WHEREA Boroug 20 ac ission held a public hearing on May 21, 2008 as Commission finds the request to be generally consistent 2007 Kodiak Island Borough Comprehensive Plan and that ditional population, base to support the existing businesses that ay Community as well as encourage new business development development; and nning and Zoning Commission recommends that the Kodiak Island y ezone the four (4) parcels identified in the staff report, totaling approximately usiness to RR1-Rural Residential One. EFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND H that Section 1: Section 2: This ordinance is not of general application and shall not be codified. The four (4) parcels of land described below and totaling approximate 20 acres are hereby rezoned from B-Business to RR1-Rural Residential One. 1. Lots 1 & 2, Dayton Subdivision 2. Tract A of Tract L, Russian Creek Alaska Subdivision 3. Tract K, Russian Creek Alaska Subdivision Kodiak Island Borough, Alaska Ordinance No FY2009-03 Page 1 of 2 COMMITTEE REPORTS Dale Nash Alaska Aerospace Development Corporation (AADC) CEO, provided an update of e AADC program and the continued growth of the launch complex. He thanked the commun o ts continued support. Assem ly member Lynch gave an update on the Solid Waste Advisory Board's acti ies and spoke o he Solid Waste Management Plan recommendations that would be bro .ht before the Asse for consideration. Assembly mem er Stutes reported on the Providence Kodiak Island • unseling Center Advisory Board m - - ting. Assembly member Bra 'son reported on the Providence Island Servic Area Community Board meeting. She spoke on e differences of future senior housing op ons: 1) independent living through the Kodiak Island using Authority; or 2) assisted living rough Providence-Hospital's proposed Greenhouse model. PUBLIC HEARING A. Ordinance No. FY2009-01A Ame ding Ordinance N'. FY2009-01 to Appropriate Funds for the Purpose of Providing Informatio on Ballot Pro sition No. 1. OSWALT moved to adopt Ordinance No :009 1A. The Assembly's wish was to release acc information regarding Proposition No. 1 to effectively communicate the changes reg ding re -nt 2008 financial disclosure laws that had become intrusive and to inform the pub ' that the p •osition would instead require municipal officers to file a less intrusive KIB fine ial disclosure fo The Borough was required- by aska Statutes to speci ally appropriate the .funding by ordinance. Alaska Statutes 'Section ..13.145(4b) states "money held by a nicipality may be used to influence the outcome • an election concerning a ballot proposition o question, but only if the funds have been s e !cal a ro riated for that purpose lz a munici a rdinance." A draft informatio al brochure explaining the proposition was provided in the cket. Mayor Selb opened the public hearing. Seeing and hearing none, Mayor Sel closed the public hea g. Asse ly members Abell, Branson, and Jeffrey spoke in support of appropriating fu s to ed ate the public on the requirements of municipal officers. .42OLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Lynch, Oswalt, and Stutes. •B. Ordinance No. FY2009-03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B-Business To RR1 — Rural Residential One District. (P&Z Case 08-023.) STUTES moved to adopt Ordinance No. FY2009-03. Kodiak Island Borough August 7, 2008 • Assembly Minutes Page 574 ,;; The Planning and Zoning Commission recommended four lots, totaling approximately 20 acres, located in the B-Business zoned "island" in Womens Bay be rezoned to RR1—Rural Residential One. The Commission found that while businesses fronting Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) were thriving, the back side of the B— Business zone "island" and fronting South Russian Creek Road (where the parcels reside) had languished to meet their full potential. Mayor Selby opened the public hearing. Public hearing responses received from Luke Lester and Maurice Johnson, both of whom were in support of keeping the lots zoned as B-Business, were read into the record by Clerk Javier. Mayor Selby closed`the public hearing. Duane Dvorak, CDD Associate Planner, _outlined the 'options available to the Assembly. One option was to refer the case back to the Planning and Zoning Commission for further recommendations. ABELL moved to refer Case 08-023 back to the Planning and Zoning Commission. ROLL CALL VOTE ON MOTION TO REFER CARRIED FIVE TO ONE: Branson, Jeffrey, Oswalt, Stutes, and Abell (Ayes); Lynch (No). Ordinance No. FY2009-04 Amending Title 17 Zoning of the Kodiak Island Borough Code of rdinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island B• .ugh Coastal Management Program Plan Update. BRANSON ved to adopt Ordinance No. FY2009-04. The consultant, P • ning and Zoning Commission, and staff worked to d elop a plan that expressed the wishes nd desires of borough residents regarding futu development in the coastal areas of the Kodia egion. The plan was approved by the aska Department of Natu Resources (ADNR) and the Federal Office of Coastal Resourc anagement (OCRM o it was not possible to consider . any further amendments at the time. ake the plan orceable and restore the Borough's "place at the table" during coastal project r: ews, w contingent upon the adoption of the plan update. As a _second class borough, the KIB has zoning powers. There are many excep shore (within the borough 3-mile Launch Complex, etc. In many i State of Alaska Regulation development located outsi Staff recommende passage of the o inance for codification. Duane Dv,- ak, CDD Associate Planner, explained that approving the ordinance woul place the agencies that would be involved with approving future plans. I d use re ns where that undary limit), on the ances. the KIB Coastal Mena om which they are derived, of established communities than the Ioca lation authority through its planning and thority does not extend such as off- ast Guard Base, at the Kodiak ment Program and the related have more to do with oning authority. adoption of the KIB Coastal Management Progra an Update and sure a Kodiak Island Borough August 7, 2008 Assembly Minutes Page 575- NOV -21 -2008 11:018 FROM: TO:4869396 P:1 /1 Ainc ;omm.s.r.. -4r-� t�lrxnn�►�c� c,nc)� r�� n Ca+� 3�4n lam, cxarNed►e. Cap; Atu2 LD, p.rvz) 3 .- eror% skor. o tiAc). ke ,..a ►"1 161"0.6sA X64 ZernovL from. case. # O - oQ1 -to o,s ■setcss Zoned csrltne C-...1 C-kr Fe6A November 26, 2008 Bud Cassidy Community Development Department Kodiak Island Borough 710 Mill Bay Road 99615 I request that my parcels � Lot 1, Dayton Subdivision; and Be removed from consideration to be rezoned from Business to Residential. My intent is to utilize the property for bus;ness purposes Sincerely, Luke Lester { Duncan Fields P.O. Box 25 Kodiak, AK 99615 May 13, 2008 Kodiak Island Borough Community Development Department 710 Ivfill Bay Rd. Kodiak, AK 99615 Re: Rezone Request Tract K and Tract L, Russian Creek Dear Planning Dept. and P&Z Commission, I am one of the petitioners for the rezone of Tracts K and L in the Russian Creek subdivision in Bells Flats. My Dad and I along with Bernie Lindsey were the original purchasers of tract K at auction. At the time, way back in the 80s, it seemed like businesses would be moving to the Flats and the "business" zoning made sense. However, in the intervening years, we've seen few businesses develop outside of Kodiak's core area and many of the small businesses that have tried to locate in Bells Flats have failed. Those businesses that have survived are primarily along West Rezaonf Drive. In addition, many of the adjacent and neighboring properties to tracts K and L have been rezoned or have been used exclusively for residential purposes. Finally, even if these parcels were used for business, those businesses would likely locate along South Russian Creek road and much of each parcel would remain unused since that part of the parcels that is away from the road is impractical for most business uses. (See, for example, the current use of tract L with limited business use along the road and the remainder of the parcel used for residential.) All of these reasons would justify a rezone of the property. The use expectations at the time of the original plan and platting simply haven't been realized and its time to adjust those expectations. I am aware that the Commission generally only takes testimony at the regular meeting and not the work session. Nevertheless, since I may have a scheduling conflict next week, I wanted the commission to be aware of the basis for my rezone request. If you or the staff have any additional questions, please do not hesitate to contact me. ruly y c MAY 1 4 2008 COMMIJNIFI DEVE PMENT DEPARTMENT ,a4/414/ ncan Fields Item VII B. MEMORANDUM DATE: December 6, 2008, TO: Planning and Zoning Commission FROM: Bud Cassidy, Director CDD SUBJECT: Information for the December 17, 2008 Regular Meeting CASE: 08-023 APPLICANT: Luke Lester, Darlene Cain, Duncan Fields, Andy Ku Ijis, and Rob Lindsey REQUEST: A rezone, in accordance with KIB Code Section 17.72 of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Busines,s to RR1 Rural Residential One. LOCATION: 11883, 11967 11945 and 11723 South Russian Creek Road ZONING: B-Business INTRODUCTION Staff is looking for direction from the commission on how to proceed with this request. The Commission formally recommended approval of a rezoning that would allow approximately 20 acres of B- Business zoned land in Womens Bay to be rezoned to RR1- Rural Residential One. This case was forwarded the Borough Assembly with a recommendation by the Commission to rezone this 20 acre area. At the Assembly work session and public hearing the new owners of the - land that was formerly owned by Dario Dayton .(who is the original applicant) came forward and stated that jhey are now the owners and they were not in favor of the rezone from the business zone to a residential zone. One new owner (Darlene Cain) owns and operates a business on the lot she purchased. The other owner Luke Lester, though not an owner at the time of public - hearing, but who had put money down on the purchase of the property, is interested in operating his fishing business: from his parcel(s), and asked that the property not be rezoned: He is now in title to 2 parcels that were owned by Mr. Dayton. In fact, these new owners were not aware of the action requested by the former property owner requesting to rezone to a residential use nor that the commission had made a recommendation to the Assembly. Upon receiving testimony and letters objecting to the rezone by these new owners, the Assembly referred the case back to the Commission by not passing Assembly ordinance FY2009-03. The ordinance and minutes of meetings where the ordinance was discussed will be included as part of this case packet. Mr. Lester and Ms. Cain own just over 10.5 acres of this 20 acre request for rezoning. The remainder of land is an adjacent lot (Tract K) which is owned by Fields, Kuljis, and Lindsey Item VII B. FINDINGS OF FACT It may be best for the commission to review your findings of fact from the original case that recommended approval of a rezone from B- Business to RR1 — Rural Residential One. This could provide some basis in assessing this case and determining the direction you may want to proceed. The commission made a recommendation to the Assembly to rezone 4 lots that total 20 acres based on the following adopted fmdings of fact: A. Findings as to the need and justification for a change or amendment. • A need for residential property has been expressed by the. public; • Current use of adjacent business zoned lots includes a mix of business- and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. • The location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet) "; and • More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disannroval of the change or amendment • The Planning and Zoning Commission recommends approval of this. request. The question was called on the amended motion and it CARRIED 6 -0. COMMISSION ACTION There are a number of directions that the Commission may want to go. Staff will provide some suggestions that come to mind: Item VII B. 1. The Commission may feel that the original findings are adequate and recommend to the Assembly the rezone proceed as originally recommended by the Commission. 2. The Commission may want to open the discussion back up as to what areas of the business district area applicable for a residential zoning application. or 3. The Commission may want to just recommend that only Tract K (the parcel owned by Fields, Kuljis and Lindsey) be forwarded to the Assembly as a recommendation to be rezoned to RR1. CONCLUSION The Assembly has remanded this case back to the Commission for further analysis. Obviously there has been a change in circumstance as it pertains to the Ownership of the original parcel as well as its desirability for business use. The commission will have to decide the direction it wants to proceed. Sheila Smith From: Bud Cassidy Sent: Wednesday, November 26, 2008 9:01 AM To: Sheila Smith Subject: FW: December Meeting Attachments: Duane Dvorak (E -mail 2).vcf Please add this email to the case file. Thanks From: Duane Dvorak Sent: Friday, November 21, 2008 11:33 AM To: Bud Cassidy Subject: December Meeting Bud, I contacted Darlene Cain (Lot 2, Dayton Subdivision) to see if she wanted to continue on with the rezone and she said no. I asked that she FAX or e-mail a written request to withdraw her property from Case 08 -023. Darlene Cain came into ownership on July 1, 2008 but I did not see any witted comment from here on the August 7, 2008 Assembly public hearing. I contacted Ken Lester because Luke Lester (owner of Lot 1 Dayton Subdivision and Tract A of Tract L, Russian Creek Alaska Subdivision) does not have a telephone listing. Ken said that Luke is in Anchorage and will be back next Monday. He will pass along the information and try to ensure that Luke gets a written communication to us on this case as soon as possible. Luke submitted written comment to the Assembly at the August 7, 2008 public hearing, but he did not come in to ownership of his parcels until October 6, 2008. At the time of the Assembly hearing he was simply a citizen in the process of purchasing those parcels. I still have Rob Lindsey and /or Duncan Fields to contact just to make sure they are still in earnest about going forward with this request. I had a call from Bruce (didn't get his last name) in Wisconsin who is the major partner in Uyak Bay Lodge LLC. He is making claims that the City of Larsen bay council is being controlled by members of the Larsen Bay Lodge group and that their decision not to support the vacation is a direct conflict of interest with their duty as city council members. He alleged a lot of direct animosities stemming from Larsen Bay Lodge as a business competitor and indicated strong suspicion that they have been behind a spate of vandalism this past year aimed at crippling his lodge operation. He has threatened legal action both against the City of Larsen Bay and the Kodiak Island Borough and indicated that he is contacting several local attorney's in order to engage counsel prior to initiating legal action. I told him that the P &Z Commission is not equipped to deal with those allegations directly under the Vacation procedure but that we would follow the codes as set before us in that regard. I suggested that the Commission can take into account the spirit of the code even if the letter of the code does not address his non - vacation related concerns, if he wants to address these concerns to the Commission just as he addressed them to me this morning. Regarding the vacation, I explained that the Larsen Bay Council decision this week was not an official decision but an internal advisory regarding their previously stated position in opposition to the vacation request. While staff (at least this staff member) feels obliged to carry this opposition forward to the Commission as a recommendation for denial, I did hold out the prospect that Uyak Bay Lodge folk could try and persuade the Commission to act favorably on this request given the history of the lodge and right -of -way use up until now and in that way refer this issue back to the City of Larsen Bay for veto consideration. That would leave the City of Larsen Bay as having taken the final action on this i request rather than the Planning a1l.-'12,oning Commission. Regarding appe6 don't see where a vacation request is appealable, we should probably talk about this. Incidentally, in my conversation with Joel Wattum the other day he indicated that the lot where the hot-tub gazebo is located is wholly owned by Bruce from Wisconsin separately from the lodge properties. I will endeavor to research this further as it may have implications on the validity of the original vacation request. Application requirements require a petition by the majority of property owners to tender a request and based on the assumption of ownership three of the five lots front the right-of-way in ownership by Uyak Bay Lodge LLC we accepted the application. If that is not the case, then we may need Bruce from Wisconsin to also be named on the application as well in order to have a valid petition for the vacation. I spoke this morning with Sheila about letters to applicants and about appeal rights. It is not perhaps as clear as it should be, but similar use determinations are appealable under KIBC 17.15.050 and KIBC 17.225.020.C. The last section cited reads: Appeals from the decisions of the commission on requests for variances from the terms of the zoning ordinances igri4:#orri„fisidings24 may be required by sections of this title. Because it references the variance procedure in the same sentence I suggested that a 10 day appeal period would be appropriate (it doesn't specifically state a timeline for similar use determinations) and that the period will not begin until the Commission has adopted findings of fact at the December 17, 2008 as an item of Old Business. I also spoke with Sheila about the Anderson Vacation request. While I could find no direct appeal provisions for vacation requests, it does appear that findings are also required to be transmitted in KIBC 16.40.040 as follows: ... The commission's action shall be stated in the minutes of the commission meeting. The commission shall notify the applicant in writing of the official statement of findings and reasons for their action within five working days. I'll have to research this further but I modeled the McCusker case off of another recent vacation request so it appears that perhaps both of those cases may need to be revisited also for findings in December as well. Thanks, --Duane Duane Dvorak, Associate Planner Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486-9362 ddvorak@kodiakak.us 2 ,_• Duncan Fields PO Box 25 Kodiak, AK 99615 Kodiak Island Borough Communi Develo s ment De a tment 7r0 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (9.07) 486-9396 www.kib.co.kodiak.ak.us November 26, 2008 Re: Case 08-023. A rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B-Business to RR1-Rural Residential One. Dear Mr. Fields: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Old Business at their December 17, 2008 regular meeting. This meeting will begin at 7:30 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, December 10, 2008 at 7:30 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, QS:311eZia. ■s• Sheila Smith, Secretary Community Development Department Cc: Rob Lindsey Darlene Cain Luke Lester Andy Kuljis November 26, 2008 Bud Cassidy Community Development Department Kodiak Island Borough 71O Mill Bay Road 99615 I request that my parcels Lot 1, n Subdivision; and Tract A of Tract L Be removed from consideration to be rezoned from Business to Residential. My intent is to utilize the property for business purposes. Sincerely, Luke Lester Kodiak Island **TEST** No . .1,2,447, Las,t, Name/Gompany, Name:, CAIN First N.ame(a).: DARLENE Taxpayer Information 11/25/08 14:47:57 Data:, 1. 1 .--.. Taxpayer IncT 2. Property Nailing Address: 11410 S. RUSSIAN CREEK RD City:, KODIAK State:. AK Zip/Country:. 99615 Carrier. Route:. AAAAAAAAAAAA 1111111111111111ili Format:. R R9006000200 Short, Legi DAYTON SUB LT 2 IfitittAft# TIC20 Please enter TIC number and data selection and press desired function F1=Add F2=Change F3=Exit F4=Prompt F7/F8=Scroll F24=More Keys FILE a 5232 A L A s K A 2008 -0019- -O Recording Dist: 303 - Kodiak 10/6/2008 11:24 AM Pages: 1 of 1 111 111 11111 111 DAYTON SUB LT 1 STATUTORY WARRANTY DEED 11 hill IIIIIIII HIM 1111 1111 THE GRANTOR {S), DARLO D DAYTON, assingle person, whose address is 11883 South Russian CreekRoad, Kotlrak,`AK- 99615, for and in consideration of the sum of Ten Dollars and-other. good-and valuable consideration in hand.: paid, convey and. warrants to GRANTEE(S),,iUKE fiESTER a single person, whose address: is PO Box: 553, Kodiak, AK 99615, the following described real estate, situated in the State of Alaska: Parcel No I the Kodiak -Recd TONf.1SUBDIVI SION, aecording to Plat No 2006 -11, located in rict; Third Judicial lDistrict Stateof Alaska. Parcel No. 2: TRACT "A" OF TRACT "L' , RUSSIAN CREEK ALASKA SUBDIVISION, according to Plat No. 2006 -11, located in the Kodiak Recording District, Third Judicial District; State of Alaska. Subject to covenants, conditions, restrictions, easements and rights of way of record, if any. Dated this JO' day o .9a4 Darlo D Dayton 2008. STATE OF % Pifi'Z1.1.K. COUNTY OF THIS IS TO CERTIFY that on this Tl day of 2008 before me, the undersigned, a -Notary Public in. and for the State of fva -eL& duly commissioned and sworn, personally. appeared Dario D Dayton . to me known to be the person(s) described in and who executed the above and foregoing instrument, and acknowledged to me that t SHE/ THEY signed the same freely and .voluntarily for the uses and purposes therein mentioned. WITNESS my hand and o icial seal the day and year above written. AFTER RECORDING RETURN TO: LUKE LESTER PO BOX 553 KODIAK, AK 99615 p 1 . of 1. (Wen niy tkcd) NOV-21-200B 11:01R FROM: 1u:4869396 P:1/1 Y, Lr3b- c1,36 if•4: Cordmvw..1,‘ ?1rrn COG -ZorN4nt Corn.4011 Zakrkeeve. Cc 4.:(\ ve‘Cma Oubr o 1-13A-4 -Q "00.1-‘0 40-4.434-or,4 •$ts,qoeU.,%) i Sion LiacotAcS. ■■ICA, 44-0 "4""AarCo`A Upekovt_ fror Case - O3 --ko 14ec4 LA- U.,D tNA:Sir‘C'S 2onea. e Fe €s KODIAK ISLAND BOROUGH Assembly Regular Meeting August 7, 2008 A regular meeting of the Kodiak Island Borough Assembly was held August 7, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. Assembly member Friend was absent. BRANSON moved to excuse Assembly member Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA ABELL moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of June 19 and July 17, 2008 and Special meeting minutes of June 26, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Finance Director Short presented the Employee of the Quarter Award to Tracy Mitchell, Environmental Specialist in the Borough Engineering and Facilities Department. CITIZENS' COMMENTS Rick Pillans spoke in support of the Threshold Recycling contract with the Borough. Marion Owen called in support of Threshold's recycling services and programs for Kodiak. She urged the Assembly to support recommendations coming forward from the Solid Waste Advisory Board (SWAB). Dr. Bob Johnson spoke in favor of a Pay-As-You-Throw program for the community and urged the Assembly to consider the SWAB recommendation. Janet Buckingham Kodiak Island Visitors and Convention Bureau (KIVCB) Director thanked the Assembly for its continued funding of the organization. She reported on the recent cruise ship activities in Kodiak. She voiced her support of the SWAB recommendation. Ellen Simeonoff Threshold Services Treasurer spoke in support of renewing the recycling contract with the Borough. She thanked the Assembly for its continued support of Threshold. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 573 COMMITTEE REPORTS Dale Nash Alaska Aerospace Development Corporation (AADC) CEO, provided an update of the AADC program and the continued growth of the launch complex. He thanked the community for its continued support. Assembly member Lynch gave an update on the Solid Waste Advisory Board's activities and spoke on the Solid Waste Management Plan recommendations that would be brought before the Assembly for consideration. Assembly member Stutes reported on the Providence Kodiak Island Counseling Center Advisory Board meeting. Assembly member Branson reported on the Providence Island Service Area Community Board meeting. She spoke on the differences of future senior housing options: 1) independent living through the Kodiak Island Housing Authority; or 2) assisted living through Providence Hospital's proposed Greenhouse model. PUBLIC HEARING A. Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. OSWALT moved to adopt Ordinance No. FY2009 -01A. The Assembly's wish was to release accurate information regarding Proposition No. 1 to effectively communicate the changes regarding recent 2008 financial disclosure laws that had become intrusive and to inform the public that the proposition would instead require municipal officers to file a less intrusive KIB financial disclosure form. The Borough was required by Alaska Statutes to specifically appropriate the funding by ordinance. Alaska Statutes Section 15.13.145(4b) states "money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a municipal ordinance." A draft informational brochure explaining the proposition was provided in the packet. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. Assembly members Abell, Branson, and Jeffrey spoke in support of appropriating funds to educate the public on the requirements of municipal officers. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Lynch, Oswalt, and Stutes. B. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land. in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District. (P &Z Case 08 -023.) STUTES moved to adopt Ordinance No. FY2009 -03. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 574 The Planning and Zoning Commission recommended four lots, totaling approximately 20 acres, located in the B-Business zoned "island" in Womens Bay be rezoned to RR1—Rural Residential One. The Commission found that while businesses fronting Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) were thriving, the back side of the B— Business zone "island" and fronting South Russian Creek Road (where the parcels reside) had languished to meet their full potential. Mayor Selby opened the public hearing. Public hearing responses received from Luke Lester and Maurice Johnson, both of whom were in support of keeping the lots zoned as B-Business, were read into the record by Clerk Javier. Mayor Selby closed the public hearing. Duane Dvorak, CDD Associate Planner, outlined the options available to the Assembly. One option was to refer the case back to the Planning and Zoning Commission for further recommendations. ABELL moved to refer Case 08-023 back to the Planning and Zoning Commission. ROLL CALL VOTE ON MOTION TO REFER CARRIED FIVE TO ONE: Branson, Jeffrey, Oswalt, Stutes, and Abell (Ayes); Lynch (No). C. Ordinance No. FY2009-04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. BRANSON moved to adopt Ordinance No. FY2009-04. The consultant, Planning and Zoning Commission, and staff worked to develop a plan that expressed the wishes and desires of borough residents regarding future development in the coastal areas of the Kodiak region. The plan was approved by the Alaska Department of Natural Resources (ADNR) and the Federal Office of Coastal Resource Management (OCRM) so it was not possible to consider any further amendments at the time. To make the plan enforceable and restore the Borough's "place at the table" during coastal project reviews, was contingent upon the adoption of the plan update. As a second class borough, the KIB has land use regulation authority through its planning and zoning powers. There are many exceptions where that authority does not extend such as off- shore (within the borough 3-mile boundary limit), on the Coast Guard Base, at the Kodiak Launch Complex, etc. In many instances the KIB Coastal Management Program and the related State of Alaska Regulations from which they are derived, may have more to do with development located outside of established communities than the local zoning authority. Staff recommended the adoption of the KIB Coastal Management Program Plan Update and passage of the ordinance for codification. Duane Dvorak, CDD Associate Planner, explained that approving the ordinance would ensure a place with the agencies that would be involved with approving future plans. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 575 Mayor Selby opened the public hearing. Seeing and hearing none Mayor Selby closed public hearing. Assembly members discussed the importance of restoring the plan for the betterment of the coastal communities and thanked staff for putting the ordinance together. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Finance Director Short reported the following: • Kodiak Island Borough website has had over 19,000 visitors; 7,964 viewers have visited the site more than once. The public is viewing the website for bid specifications and information on property taxes. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS A. Ordinance No, FY2008-21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. The ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attomey by resolution. The ordinance would clarify the process when individual actions of municipal officials are challenged or the possibility of individual liability is presented and outside counsel is needed. The ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. Adoption of the ordinance was postponed by the Assembly after a public hearing was held at the June 19, 2008 regular meeting in order to receive a legal opinion on the proposed ordinance.The second opinion was just received and time was needed to review the document. BRANSON moved to postpone Ordinance No. FY2008-21 to the regular meeting of September 4, 2008. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. NEW BUSINESS Contracts A. Contract No, FY2009-02 A/E Contract with ECl/Hyer, Inc. for Architectural Programming for Near Island Research and Administrative Facility. ABELL moved to authorize the Manager to execute Contract No. FY2009-02 with ECl/Hyer, Inc. of Anchorage, Alaska, for architectural programming and concept design services for the Near Island Research and Administrative Facility in the amount not to exceed $89,700. The Kodiak Island Borough received a $1,500,000 legislative grant for the design and development of a Near Island Research and Administrative Facility for the Alaska Fish and Game. Proposals were solicited for architecture and engineering services. ECl/Hyer, Inc. was Kodiak Island Borough Assembly Minutes August 7, 2008 Page 576 selected by the Architectural Review Board. If approved, the present contract would include full A/E services, however at the time the project was in the pre-design stage of development and only the programming and concept design phase was authorized. In the future, additional phases of the NE services under the contract would be negotiated and brought before the Assembly for approval. By signing the present contract, ECl/Hyer, Inc. would be contracted for the additional phases and would be able to produce a schematic design in order to have a better view of what the building would look like and how large it would need to be to meet the needs of the agency. Assembly member Oswalt questioned if there was a contract with the potential tenant (ADF&G). Woody Koning, Engineering and Facilities Director, responded that the proposed contract with ECl/Hyer was for preliminary work only and that although there was not an executed contract with ADF&G, the agency had obligated millions of dollars to fund the future project. Assembly member Abell commented that funding the contract would put the Borough in good standing for future funding through EVOS. He also commented that initial funding had come from the State and it was their funding that was presently being spent on the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. B. Contract No. FY2009-03 Recycle Services with Threshold Services, Inc. BRANSON moved to authorize the Manager to execute Contract No. FY2009-03 with Threshold Services, Inc. of Kodiak, AK for the unit price of $9,000 for the first 30,000 pounds and $.15 per pound for recyclable material over 30,000 pounds for the period of July 1, 2008 to December 31, 2008. Threshold Services, Inc., a private non-profit entity, maintains a receiving, handling, processing, storage, and marketing operation for recyclable materials in Kodiak. The shipment to markets off-island, which is achieved through Threshold's goal, provides work and training for persons with disabilities or who are chronically not employable. During calendar year 2007, Threshold processed 500 tons of recyclable material for the Borough and an additional 168 tons for the USCG (under a separate contract). Those recyclable items included newspaper, magazines, white and colored paper, various plastics, and tin cans. The amount of recyclables processed for the Borough was expected to increase as Threshold had established satellite 'drop-off stations within the borough. In general, the Borough's recyclable material included items brought by the public to Threshold's location on Von Scheele, the satellite stations, material picked up by Threshold at various business locations, and the community cardboard dumpster deliveries paid for through the Borough's contract with AK Waste Management. During fiscal year 2008 the average price per month for the contract was approximately $19,300. Threshold proposed to maintain the contract pricing; $9,000 for the first 30,000 pounds of material and $.15 per pound for any additional material, expecting that the proposed initial term of the six month contract would cost approximately $115,800. The contract and its costs would be evaluated after 6 months for an additional six month period and further negotiations would be brought back to the Assembly for approval. Staff reviewed the contract and recommended approval. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 577 ROLL GALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Jeffrey, Lynch, and Oswalt. Resolutions None. Ordinances for Introduction A. Ordinance No. FY2009-05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government. BRANSON moved to adopt Ordinance No. FY2009-05 in first reading to advance to public hearing on August 21, 2008. Certain real property was deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2006 and previous years. The Planning and Zoning Commission reviewed the parcels as required by KIBC 18.10.030 by public hearing in June 2008. The parcels were declared surplus to "public need" and were determined to be available for future land sale. The United States Fish and Wildlife Service (USFWS) expressed an interest in purchasing parcel T3OS R28W TL 1811 ZACHAR BAY & T31S R28W TL 2903 AMOOK BAY at fair market value from the Borough. KIBC 18.20.100 (B) Disposal for Fair Market Value allows the Assembly and its agents to directly negotiate with the United States, the State of Alaska, or any political subdivision thereof upon a finding by the Assembly that the disposal will allow the use of the land for a public purpose beneficial to the Borough. The property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS would promote efficient management for public recreation, refuge for wildlife, and was consistent with the goals and objectives of the Kodiak Area Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Lynch, Oswalt, and Stutes. B. Ordinance No. FY 2009-01B Amending Ordinance No. 2009-01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. JEFFREY moved to. adopt Ordinance No. FY2009-016 in first reading to advance to public hearing on August 21, 2008. The ordinance would: • Increase the Child Care Assistance Program fund revenues and expenditures by $19,022 due to an increase in the child care grant from the State of Alaska; • Increase the Kodiak Middle School Seismic Upgrade Project in Fund 410 by transferring $2,700,000 from the Kodiak Middle School Seismic Upgrade project in Fund 420; • Move $1,010,118 from the Learning Center Renovation project (05017) to the Ouzinkie Gym Renovation project (04103); and • Move $143,751 from the Learning Center Renovation project (05017) to the Peterson Seismic Upgrade Project (05023). Kodiak Island Borough Assembly Minutes August 7, 2008 Page 578 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, Oswalt, Stutes, and Abell. Other Items A. Assembly Review of Case 08-002 Denial of Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1-Single Family Residential To B-Business and Directing Staff to Prepare an Ordinance for Introduction. JEFFREY moved to direct staff to prepare an ordinance for introduction relating to Case 08-002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1-Single Family Residential To 8- Business. The Planning and Zoning Commission, at its regular meeting on June 18, 2008, adopted findings of fact in support of its decision on May 9, 2008 to deny a rezone of Larsen Bay Tract A, Block 3, Lot 3 From R1-Single Family Residential To B-Business. Per KIBC 17.72.055 (B) Submission to the Assembly. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten (10) days, files a written statement with the clerk requesting that the commission's action be taken up by the Assembly. A copy of KIBC Chapter 17.72 and an illustrative flowchart describing the decision making process and how the Commission and Assembly were required to consider amendments and changes to regulations and boundaries of districts was included in the packet. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. B. Mayoral Appointment(s) to the Solid Waste Advisory Board. BRANSON moved to confirm the mayoral appointment of Cindy Harrington to the vacant Solid Waste Advisory Board Seat, term to expire December 31, 2010. KIBC 2.39.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the Mayor and confirmed by the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. JEFFREY moved to confirm the mayoral appointment of Lauri Murdock to the vacant Retail Business Representative Solid Waste Advisory Board Seat, term to expire December 31, 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Minutes August 7, 2008 Page 579 ASSEMBLY MEMBER COMMENTS Assembly member Stutes congratulated Rick Pillans for the work that was being done at Threshold Recycling and for the renewal of the contract for the next six months. Assembly member Abell and Branson had no comments. Assembly member Jeffrey congratulated Tracy Mitchell as Employee of the Quarter and commended her for her hard work. She appreciated Mr. Nash's report on the AADC and was pleased to hear that orbital sciences businesses were interested in the program. She thanked Assembly member Branson for the clarification on the senior housing differences. Assembly member Oswalt commented that it was nice to see the pool project coming along. Assembly member Lynch extended congratulations to Tracy Mitchell for the well deserved Employee of the Quarter award. She urged the community to continue to recycle and speak out about recycling. ANNOUNCEMENTS Mayor Selby announced the Assembly would meet in a work session with a special meeting immediately following on Thursday, August 14, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, August 21, 2008 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Jeffrey, Lynch, and Oswalt. The meeting adjourned at 9:17 p.m. ATTEST: KODIAK ISLAND BOROUGH Nova M. Javier, CMC, °rough Clerk Approved: 09/18/2008 Kodiak Island Borough August 7, 2008 Assembly Minutes Page 580 PLANNING AND ZONING COMMISSION REGULAR MEETING DECEMBER 17, 2008 7:30 p.m. KODIAK ISLAND BOROUGH ASSEMBLY CHAMBERS AGENDA I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF AGENDA IV. MINUTES OF PREVIOUS MEETINGS Regular meeting of: • November 19, 2008 V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS VI. PUBLIC HEARINGS Toll Free Telephone Number 1- 800 - 478 -5736 Local Telephone Number 486 -3231 VII. OLD BUSINESS A) CASE: S09 -006 APPLICANT: Uyak Bay Lodge LLC AGENT: Joel Wattum, Manager REQUEST: A vacation, according to KIBC 16.60, of the "A" Street right -of- way in Larsen Bay, located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872` as depicted on Plat 69 -3, Kodiak Recording District. LOCATION: Right -of -way located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on Plat 69 -3, Kodiak Recording District. ZONING: Not Applicable (adjoining lands are currently R1 -SFR with pending rezone to B- Business for Lots 2 and 3, Block 2 and Lot 1, Block 3, Tract A, Townsite of Larsen Bay, U.S. Survey 4872. B) CASE: APPLICANT: AGENT: REQUEST: 08-023 Dario Dayton, Duncan Fields, Andy Kuljis, & Rob Lindsey Bob Tarrant & Rob Lindsey A rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B-Business to RR1-Rural Residential One. LOCATION: 11883, 11967, 11945, and 11723 S. Russian Creek Road ZONING: B-Business VIII. NEW BUSINESS IX. COMMUNICATIONS A) X. REPORTS A) Meeting schedule: • January 14, 2009 work session at 7:30 p.m. in the KIB Conference room. • January 21, 2009 regular meeting at 7:30 p.m. in the Assembly Chambers. XI. AUDIENCE COMMENTS XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT The public is invited to attend the packet review work session for these agenda items to be held in the Kodiak Island Borough Conference Room at 7:30 p.m. the preceding Wednesday. Minutes for the regular meeting is available upon request by calling the Community Development Department at 486-9363. ) introduced by: Requested by: Drafted by: Introduced: Public Hearing: Referred Back to P&ZC KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009-03 Manager Gifford P & Z Commission CDD Staff 07/17/ 2008 08/07/2008 08/07/2008 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZO ING FOUR (4) PARCELS OF LAND IN THE RUSSIAN CREEK SUBDIVISION, TOTALING APPROXIMATELY 20 ACRES, FROM B-BUSINESS TO RR1 RESIDENTIAL ONE DISTRICT (P&Z CASE 08-023) 4 WHEREAS, the "island" of business zone property in Womens Bay is lo Creek Subdivision; and WHEREAS, while the side of this business zoned property including business from the Speedy Kraft store down to Rendezv of this B — Business zone "Island" fronting South Russian Cree Russian zanof Drive (and e th wing, the back side languished; and WHEREAS, the Planning and Zoning Commission h= s revi rezone the back portion of this business "island" in t lz Russia current B-Business zoning district to another zoni • reach its full potential; and d a number of requests to Creek Subdivision from its reflect the area's slowness to WHEREAS, much of the residentially zone ne = =liable for development in Womens Bay has been utilized leaving the more chakngi,' dpid environmentally sensitive parcels left to develop; and ission held a public hearing on May 21, 2008 as WHEREAS, the Planning and part of the review for this case; WHEREAS, the Plannin with the goals and obje the rezoning would p,yvi have located in th: ,AYM1 by an increase i • g Commission finds the request to be generally consistent 2007 Kodiak island Borough Comprehensive Plan and that ditional population base to support the existing businesses that ay Community as well as encourage new business development A-development; and WHEREA Boroug 20 ac nning and Zoning Commission recommends that the Kodiak Island y ezone the four (4) parcels identified in the staff report, totaling approximately usiness to RR1-Rural Residential One. EFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND Section 1: This ordinance is not of general application and shall not be codified. Section 2: The four (4) parcels of land described below and totaling approximate 20 acres are hereby rezoned from B-Business to RR1-Rural Residential One. 1. Lots 1 & 2, Dayton Subdivision 2. Tract A of Tract L, Russian Creek Alaska Subdivision 3. Tract K, Russian Creek Alaska Subdivision Kodiak Island Borough, Alaska Ordinance No. FY2009-03 Page 1 of 2 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. • A need for residential property has been expressed by the public. • Current use of adjacent business zoned lots includes a mix of business and residential use. • Location of property is inconsistent with the primary retail intent of iness zoning. • Rezone to RR1 could greatly reduce the impact of on -site wastck t :? er' .- r =ms compared to Business zoning development. • Much of the residentially zoned land available for developm ", ` ens Bay has already been utilized leaving the more challen in n•'''" i ronmentall Y 9 9 � Y sensitive left to develop. 17.72.020 B. Findings as to the Effect a Change or Amendment o► r9 Ha4 on the Oblectives of the Comprehensive Plan. • The rezone would meet a medium to low prick i'',ide "`' -d in the comprehensive plan by providing the "ability to allow the c • muni • grow." • This rezoning would satisfy a commu goal expressed in the comprehensive plan by "Encouraging new residential while maintaining a minimum lot size of RR1 (40,000 square feet • More residential development will p`' yids = additional population base to support the existing businesses that ha'': , •c =`' in the Womens Bay Community as well as encourage new busi s opment with an increase in residential development. ADOPTED BY THE A S { 8L `'� F THE KODIAK ISLAND BOROUGH THIS °,. `!, DAY OF 2008 Nov; "aver, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 2 of 2 a Kodiak s and Borough Asse Vol. FY2009, No.02 August 8, 2008 At its Regular Meeting of August 7, 2008 the Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the Employee of the Quarter Award to Tracy Mitchell, Environmental Specialist in the Engineering and Facilities Department. ADOPTED Ordinance No. FY2009-01A Amending Ordinance No. FY2009-01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. REFERRED Ordinance No. FY2009-03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B-Business To RR1 — Rural Residential One District (P&Z Case 08-023) Back to the Planning and Zoning Commission. ADOPTED Ordinance No. FY2009-04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. POSTPONED Ordinance No. FY2008-21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel to the Regular Meeting of September 4, 2008. AUTHORIZED the Manager to Execute Contract No. FY2009-02 with ECl/Hyer, Inc. of Anchorage, Alaska, for Architectural Programming and Concept Design Services for the Near Island Research and Administrative Facility in the Amount not to Exceed $89,700. AUTHORIZED the Manager to Execute Contract No. FY2009-03 with Threshold Services, Inc. of Kodiak, AK for the Unit Price of $9,000 for the First 30,000 Pounds and $.15 per Pound for Recyclable Material Over 30,000 Pounds for the Period of July 1, 2008 to December 31, 2008. ADVANCED Ordinance No. FY2009-05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government to Public Hearing on August 21, 2008. ADVANCED Ordinance No, FY2009-01B Amending Ordinance No, FY2009-01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects to Public Hearing on August 21, 2008. FAILED to Direct Staff to Prepare an Ordinance for Introduction Relating to Case 08-002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1-Single Family Residential To B-Business. CONFIRMED the Mayoral Appointment of Cindy Harrington to the Vacant Solid Waste Advisory Board Seat to Expire December 31, 2010. CONFIRMED the Mayoral Appointment of Lauri Murdock to the Retail Business Representative Solid Waste Advisory Board Seat to Expire December 31, 2009. Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak Island Borough's website, www.kodiakak.us. The Assembly will hold a Special Meeting on Thursday, August 14, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting of the Kodiak Island Borough Assembly Is scheduled on Thursday, August 21, 2008 at 7:30 p.m. In the Borough Assembly Chambers. Vol. FY2009, No.02 August 8, 2008 At its Regular Meeting of August 7, 2008 the Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the Employee of the Quarter Award to Tracy Mitchell, Environmental Specialist in the Engineering and Facilities Department. ADOPTED Ordinance No. FY2009 -01A Amending Ordinance No. FY2009 -01 to Appropriate Funds for the Purpose of Providing Information on Ballot Proposition No. 1. REFERRED Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P &Z Case 08 -023) Back to the Planning and Zoning Commission. ADOPTED Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. POSTPONED Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel to the Regular Meeting of September 4, 2008. AUTHORIZED the Manager to Execute Contract No. FY2009 -02 with ECI /Hyer, Inc. of Anchorage, Alaska, for Architectural Programming and Concept Design Services for the Near Island Research and Administrative Facility in the Amount not to Exceed $89,700. AUTHORIZED the Manager to Execute Contract No. FY2009 -03 with Threshold Services, Inc. of Kodiak, AK for the Unit Price of $9,000 for the First 30,000 Pounds and $.15 per Pound for Recyclable Material Over 30,000 Pounds for the Period of July 1, 2008 to December 31, 2008. ADVANCED Ordinance No. FY2009 -05 Determining the Negotiation of a Sale at Fair Market Value of Tax Foreclosed Properties to the Federal Government to Public Hearing on August 21, 2008. ADVANCED Ordinance No. FY2009-01B Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects to Public Hearing on August 21, 2008. FAILED to Direct Staff to Prepare an Ordinance for Introduction Relating to Case 08 -002 Rezone of Larsen Bay, Tract A, Block 3, Lot 3 From R1- Single Family Residential To B- Business. CONFIRMED the Mayoral Appointment of Cindy Harrington to the Vacant Solid Waste Advisory Board Seat to Expire December 31, 2010. CONFIRMED the Mayoral Appointment of Lauri Murdock to the Retail Business Representative Solid Waste Advisory Board Seat to Expire December 31, 2009. Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak Island Borough's website, www.kodiakak.us. The Assembly will hold a Special Meeting on Thursday, August 14, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, August 21, 2008 at 7:30 p.m. in the Borough Assembly Chambers. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. B. Ordinance No. FY2009-03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B-Business To RR1 — Rural Residential One District (P&Z Case 08-023.) BRANSON moved to adopt Ordinance No. FY2009-03 in first reading to advance to public hearing on August 7, 2008. The commission recommended four lots, totaling approximately 20 acres, located in the B- Business zoned "island" in Women's Bay, be rezoned to RR1 — Rural Residential One. The Commission found that while businesses fronting Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) were thriving, the back side of the B — Business zone "island" and fronting South Russian Creek Road (where the parcels reside) have languished to meet their full potential. Assembly member Jeffrey felt that the public wanted more residential lots on the market. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. C. Ordinance No. FY2009-04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island Borough Coastal Management Program Plan Update. STUTES moved to adopt Ordinance No. FY2009-04 in first reading to advance to public hearing on August 7, 2008. The consultant, the Planning & Zoning Commission, and staff worked to develop a plan that expressed the wishes and desires of borough residents regarding future development in the coastal areas of the Kodiak region. The plan was approved by the Alaska Department of Natural Resources (ADNR) and the Federal Office of Coastal Resource Management (OCRM) so it was not possible to consider any further amendments at the time. To make the plan enforceable and restore the borough's "place at the table" during coastal project reviews, it was contingent upon the adoption of the plan update. As a second class borough, KIB has land use regulation authority through its planning and zoning powers. There are many exceptions where that authority does not extend such as off- shore (within the borough 3-mile boundary limit), on the Coast Guard Base, at the Kodiak Launch Complex, etc. In many instances the KIB Coastal Management Program, and the related State of Alaska Regulations from which they are derived, may have more to do with development located outside of established communities than the local zoning authority. Staff recommended the adoption of the KIB passage of the ordinance for codification. ROLL CALL VOTE ON MOTION CARRIED Lynch, Oswalt, and Stutes. Coastal Management Program Plan Update and UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Kodiak Island Borough Assembly Minutes July 17, 2008 Page 570 FILE k 5234 A 200 001258 -0 ARecordil ,y L.st: 303 - Kodiak $ 7/1/2008 1:22 PM Pages: 1 of 1 II IIII1IIIIIII11IIIIIIIIIII11IIQIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1QI 111 STATUTORY WARRANTY DEED THE GRANTOR(S), DARLO D DAYTON, an unmarried person, whose address is 11883 S Russian Creek Road Kodiak, Alaska 99615, for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid, convey and warrants to GRANTEE(S), DARLENE CAIN, whose address is 11410 S Russian Creek Road Kodiak, Alaska 99615, the following described real estate, situated in the State of Alaska: LOT TWO (2), DAYTON SUBDIVISION, according to Plat No. 2006 -11, located in the Kodiak Recording District, Third Judicial District, State of Alaska. Subject to covenants, conditions, restrictions, easements and rights of way of record, if any. Dated this I � / day of J /Ly , 2008. Sa 134 &a y DARLO D DAYTON STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT .rte THIS IS TO CERTIFY that on this day of 2008 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissio ed and sworn, personally appeared DARLO D DAYTON to me known to be the person(s) described in and who executed the above and foregoing instrument, and acknowledged to me that HE/SHE/THEY signed the same freely and voluntarf for the uses and purposes therein mentioned. WIT SS my hand and official seal the day and year above written. No My Commission e AFTER RECORDING RETURN TO: Darlene Cain 11410 S Russian Creek Road Kodiak, Alaska 99615 p 1 of 1 (warranty Deed) A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B- Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different, uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B- Business zoning allows a wide range of commercial uses, the proposal to provide after - the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. The question was called and it CARRIED 6 -0. C. Case 08 -023. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone for Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08 -023. The motion was SECONDED by COMMISSIONER JANZ. A brief discussion. COMMISSIONER HARRINGTON MOVED TO AMEND the findings in the staff memo to include a final bullet point under part A to read "the location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility." The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. P&Z Meeting Minutes June i8, 2008 Page 8 of 11 A. Findings as to the need and justification for a change or amendment. • A need for residential property has been expressed by the public; • Current use of adjacent business zoned lots includes a mix of business and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. • The location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet) "; and • More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment • The Planning and Zoning Commission recommends approval of this request. The question was called on the amended motion and it CARRIED 6 -0. The question was called on the main motion and it CARRIED 6 -0. D. S08 -015. Amend a previously adopted motion made at the May 21, 2008 Planning and Zoning regular meeting to correct an error in the legal description of the parcel given preliminary subdivision approval. The replat of U.S. Survey 3466, Lot 1 and U.S. Survey 3465, Lot 1A -3 creating U.S. Survey 3466, Lot 1A and U.S. Survey 3465, Lot 1A -3A. CHAIR KING announced to the commission that there will be a motion to amend a previously adopted motion and there was no previous notice, and it requires a 2/3 vote of the membership. Cassidy gave a brief staff report. COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of a replat of USS 3466, Lot 1, and USS 3465, Lot 1A -3 creating USS 3466, Lot 1A and USS 3465, Lot 1A -3A and to adopt the findings of fact in the staff report dated May 13, 2008 as Findings of Fact for Case S08 -015. The motion was SECONDED by COMMISSIONER WATKINS. P&Z Meeting Minutes June 18, 2008 Page 9 of 11 Mr. Dar lo Dayton 11883 S. Russian Creek Rd. Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 w-ww.kib.co.kodiak.ak.us June 23, 2008 • Re: Case 08-023. Request for a rezone, in accordance with KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, • Russian Creek Alaska Subdivision from B-Business to RR1-Rural Residential One. Dear Mr. Dayton: The Kodiak Island Borough Planning and Zoning Commission at their meeting on June 18, 2008 adopted Findings of Fact in support of their approval at their May 21, 2008 meeting & moved to forward the request cited above, recommending-approval, to the Borough Assembly. This item will likely appear for first reading at the Assembly's July 17, 2008 regular meeting and if approved, will likely appear for second reading and a public hearing at the Assembly's August 8, 2008 regular meeting. Please confirm these dates with the Borough Clerk, Nova Javier at 486-9310. Section 17.72.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorablyupon 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 assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The Commission adopted the following findings of fact in support of their recommendation to the Assembly: FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. A. Findings as to the need and justifica ion for a change or amendment. • A need for residential property has been expressed by the public; • Current use of adjacent business zoned lots includes a mix of business and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on-site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive-left to develop. • The location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet)"; and • More residential development will provide an additional popiilation base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment • The Planning and Zoning Commission recommends approval of this request. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain peimits for any construction activities. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9360. Sincerely, Sheila Smith Secretary CC: Duncan Fields, Andy Kuljis, & Rob Lindsey Robert Tarrant Nova Javier, Borough Clerk Old Business Item VI- C MEMORANDUM DATE: June 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 18, 2008 Regular Meeting CASE: 08-023 APPLICANT: Darlo Dayton, Duncan Fields, Andy Kuljis, and Rob Lindsey REQUEST: Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1-Rural Residential One. LOCATION: 11883, 11967, 11945 and 11723 South Russian Creek Road ZONING: B- Business Background The Planning Commission is recommending approval of a rezone of 19.81 acres of business zoned land in Womens Bay from B-business to RR1 - Rural Residential One. This memo sets out the finds of fact in support of the commission's actions. When the Commission recommends approval of a proposed zoning boundary amendment (rezone) its action is a recommendation that is forwarded to the Assembly for review and final action. Before this can happen however, the Commission must complete the decision making process by adopting required "Findings of Fact" upon which the decision was based. These findings are to be delivered to the Assembly in the form of a report as described in the applicable provisions of KIBC 17.72, as follows: 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. Case 08-023/Findings of Fact Page 1 of 4 P & Z: June 18, 2008 Old Business Item VI- C The adoption of "Findings" was postponed until the next regular meeting (June 18, 2008) as permitted by the KIB Planning and Zoning Commission Bylaws — Article IX Procedure, Provision (C) which states: "In cases where the Commission is required to base its decision on specific findings, the Commission may defer the approval of these findings until the next regular meeting of the Commission." In the context of the proposed "Findings" that follow, it may be appropriate to provide some additional code citations regarding the authority, purpose and intent of the borough zoning regulations. KIBC 17.01.020 Purpose. It is the purpose of this title to promote the health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. KIBC 17.01.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated December 6, 2007, prepared by Cogan-Owens-Cogan and the Kodiak Island Borough. Case 08-023/Findings of Fact Page 2 of 4 P & Z: June 18, 2008 Old Business Item VI- C Findings It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Corrunission, with or without amendment. A. Findings as to the need and justification for a change or amendment. • A need for residential property has been expressed by the public; • Current use of adjacent business zoned lots includes a mix of business and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on-site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet)"; and • More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment • The Planning and Zoning Commission recommends approval of this request. Case 08-023/Findings of Fact Page 3 of 4 P & Z: June 18, 2008 Old Business Item VI- C Recommendation Staff recommends that the Commission adopt the above findings in support of its recommendation to approve the rezoning request for Case 08-023. These "Findings of Fact" support the decision reached by the Planning & Zoning Commission. APPROPRIATE MOTION Move to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08-023. Case 08-023/Findings of Fact Page 4 of 4 P & Z: June 18, 2008 COMMISSIONER WATKINS MOVE» that the Planning and Zoning Commission investigate the rezone of approximately 12 acres of hilltop land on Near Island above the new travel lift area, and that it be appropriately zoned and set aside for a Greenhouse Model Senior Extended Care Facility. The motion was SECONDED by COMMISSIONER JANZ. A discussion on zoning, the area, the processes, and the need for a new extended care facility. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to read "That the Planning and Zoning Commission investigate approximately 12 acres of hilltop land on Near Island above the new travel lift and appropriate zoning, and set aside for a greenhouse model senior extended care facility be considered as part of that investigation." The motion was SECONDED by COMMISSIONER JANZ. The question was called on the amended motion, and it CARRIED 6-0. PUBLIC HEARINGS A. Case 08-023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B-Business to RR1-Rural Residential One. The location is 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B-Business Cassidy stated this rezone request is for almost 20 acres in Womens Bay from Business to RR1. The commission has heard various versions of this request. The Commission needs to weigh the need for additional residential in light of a two Comprehensive Plan efforts where the residents suggest that this area remain B-Business. Staff recommends denial of this rezone request because the Business use is still a viable use of the property as Business, especially open storage that is occurring and is a violation in the residential district; the applicants have not made a compelling case that a rezone is needed; and the Comp Plan does not support the request. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B-Business to RR1-Rural Residential One zoning, and to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Andy Kuljis phoned to support the request as part owner. Catherine Lindsey phoned to support the request. Rob Lindsey spoke in support of the request as part owner. Iver Malutin stated the Comp Plan should be reviewed and brought up to date. Bob Tarrant, agent spoke in support. Close Public Hearing: Open Regular Meeting: A brief discussion regarding Cottonwood Circle, the Comp Plan, comments submitted for the Comp Plan, and the need for residential. Kodiak Island Borough P&Z Meeting Minutes May 21, 2008 Page 2 of 9 The commission requested the Clerk to read the motion on the table. The question was called, and it CARRIED 6-0. COMMISSIONER HARRINGTON MOVED TO AMEND the previous motion to read "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B-Business to RR1-Rural Residential One zoning, and to postpone Findings of Fact until the June 18, 2008 meeting. The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it CARRIED 6-0. B. Case S06-012. Request a one (1) year extension of preliminary approval for the subdivision of USS 2539, Lot 29A creating Seaview Estates, Lots 1 thru 11, and Tract A. The location is U.S. Survey 2539, Lot 29A, Womens Bay, and the zoning is RR1-Rural Residential One. Cassidy stated this request is for an extension of a preliminary subdivision, and has been advertised as a public hearing because there have been some changes made to the conditions of approval. The changes give him the option of keeping it as a private road or also investigate potential of including it in the Womens Bay Subdivision. Staff recommends this request be approved. Discussion of the motion and conditions of approval, and road service district processes. COMMISSIONER JANZ MOVED to grant a two (2) year extension (until March 15, 2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2939, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. Close Regular Meeting: Open Public Hearing: Barry Still spoke in favor of the request. Close Public Hearing: Open Regular Meeting: Commission discussion on fire districts. CONDITIONS OF APPROVAL 1. Obtain approval for access to State maintained rights-of-way from the State of Alaska Department of Transportation and Public Facilities prior to final plat approval. 2. Engineering and soils testing for Lots 1 through 11 and Tract A, Seaview Estates must be provided prior to final approval, documenting that this subdivision design can satisfy ADEC requirements for onsite well and septic systems. 3. Submit a solid waste disposal plan for review and approval by the Engineering and Facilities Department, prior to final plat approval. 4. Provide the documentation required in KIBC 16.40.080 for private road easements, which shall be reviewed by the Planning and Zoning Commission at a public hearing prior to final approval of the subdivision; or, in the alternative, obtain acceptance of a road dedication by the Kodiak Island Borough Engineering and Facilities Department and obtain approval of the Kodiak Island Borough P&Z Meeting Minutes May 21, 2008 Page 3 of 9 Kodiak Island Borough Community Developmetrt Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us May 27, 2008 Mr. Dar lo Dayton 11883 S. Russian Creek Road Kodiak, AK 99615 Re: Case 08-023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision, and Tract K, Russian Creek Alaska Subdivision from B-Business to RR1-Rural Residential One. Dear Mr. Dayton: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on May 21, 2008 approved your request but postponed adoption of Findings of Fact in support of their decision until their June 18, 2008 regular meeting. • If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, Sheila Smith Secretary CC: Mr. Fields Mr. Kuljis Mr. Lindsey Mr. Bob Tarrant KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 21, 2008. The meeting will begin at 7:30 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: 08 -023 APPLICANT: Dario Dayton, Duncan Fields, Andy Kuljis, & Rob Lindsey AGENT: Bob Tarrant & Rob Lindsey REQUEST: A rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business in RR1 -Rural Residential One. LOCATION: 11883, 11967, 11945, and 11723 S. Russian Creek Road ZONING: B- Business 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 prior to the meeting'. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. 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. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, May 14, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (1112I), 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 11883, 11967, 11945, & 11723 S. Russian Creek Rd. Agenda Item # VI A P & Z Case # 08 -023 Dario Dayton, Duncan Fields, Andy Kuljis, & Rob Lindsey Request a rezone, according to KIBC 17.72.030 and 17.72.030.C, from B- Business to RR1 -Rural Residential One. Legend subject parcels notification area 0 375 750 Feet 1 1 1 N s Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska 0.O.T. Sept. 2002 Contour infomution:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. • KODIAK ISLAND BOi; )UGH - COMMUNITY DEVELC 710 Mill By Rd., Room 205, KODIAK, AK 9961,5-6398 (907) 486 -9 www.kib.co.kodiak.ak.us ,IENT DEPARTMENT - FAX {967) 486 -9396 Applicant Information Property owner's name • / /fit rfo:a.t.cs . C� . Property owner's mailing address rt! City State Home phone Work Phone a -fl'4 C Agent's name (If applicable) ?her T..1• ad t' .Agent's mailing address City State ,g.ize i 4A Zip E -mail Addr. Zlp 9944 +49,;224..r., Hommee phonne Work. Phone E -mail Addr. it /dO6 Property Information Ths• •. :,'Is* .kas _ea e 1100 ••• Property ID Number/ .4a /.2 G es;72/ 37,6:40,„..e/ ? c:49 7'F. "4 An. a..9* S•. L ,Plertee d Legal Description // Current Zoning: Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: .i.rrlr.sS 4-4319—/ Proposed Use of Property: (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 1s submitted in accordance with the requirements of the applicable Kodiak island Borough Code, which Includes a detailed site plant for variance and conditional use requests and which may include optional supporting documentation as Indicated below. Additional Narrative/History As -built Survey _ Photographs Maps Other Property Owner's Signature Date Authorized Agent's Signature Date • A development plan for one or mare 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 n(s) Involved: PAYMENT VERIFICATION FIkCC"2 FIGCCT2 3/04/2088 13:37:47 1[851 zomnRaningchange, Nun Fee Schedule: (per KIB Assembly Resuful +ifPaidO n Full tie 3tip5) Kodiak bland through i5 R0I596j5eres' 5350.00 I18075n41381939.4-es 5750.00 5.01 to 40.70 acres S I.O00.00 40.0: ri res or bare '`;,tf)),INr Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020,B) $250.00 Other (appearance requests, site plan review, etc :) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)* So©• as Application rec d by: ff signature OC -0a3 KODIAK ISLAND BO, ,UGH - COMMUNITY DEVEL<<_, KENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 9961.5-6398 (907) 486 -9363 - FAX (907) 486 -9396 www.klb.co.kodlak.ak,us Not Applicant Information Property owner's name PO e0.1 25 I- dI_CaK Property owner's mailing address Rrrhtok C2fi QcitoI City YU. €313 Horne phone State Zip Work Phone E -mail Addr. $obe. �• L;�.���`} Agent's name (If applicable) 31s2- 5 7r° eve_ tZ. Agent's mailing address Ke° :.l< City cis? 1st •v?7 Home phone Ak State tigk Zip 056 • ?717 • �rdrg.,.��yn (� Work Phone E -mail Addr. Property Information ne Deana_ Property ID Number/5 trat )S Legal Description Current Zoning: iu S i wt. 35 Applicable Comprehensive Plan: Year of Plan adoption: Irt n Crook Present Use of Property: Proposed Use of Property: •Rdt1 (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as Me 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 If Is submitted In accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site paanr for variance and conditional use requests and which may Include optional supporting documentation as indicated below, Additional Narrative/History As•bullt Survey Photographs Maps Other Property Owners Signature Date Authorized Agent's Signature 3 %`il2.0og Date 'A development plan for one or more lots on which Is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circuialion; u'Nllly 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. Conditional Use Permit (KIBC 17 Other (appearance requests, site J� Zoning change from to sba.ob Application received by: 00 .67.020.B) $250.00 plan review, etc.) $150.00 (KIBC 17.72.030 and 030.C)' Staff signature PAYMENT VERIFICATION FIPCCT2 FIPCCT2 3t 4/2008 13:42:40 12012052 ZONING ' Coning C:latmee, P R I D Tree Schedule; W Assembly Fceschx4knl Paitlfi ,Ftat1 3,+!IH!5) Kodiak Island Borough i' OKr99615 'a6'�3€�4rea 5350,06 6 acres 5750.116 3 • .t ^.. : c. - t.HlHLtkei ©Z-023 Public Hearing Item VI -A MEMORANDUM DATE: May 12, 2008 TO: Planning and Zoning Commission FROM: Bud Cassidy, Director CDD SUBJECT: Information for the May 21 Regular Meeting CASE: 08-023 APPLICANT: Dario Dayton, Duncan Fields, Andy Kuljis, and Rob Lindsey REQUEST: A rezone, in accordance with KIB Code Section 17.72 of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. LOCATION: 11883, 11967, 11945 and 11723 South Russian Creek Road of the lots ZONING: B- Business Thirty Nine (39) public hearing notices related to this request were mailed on April 23, 2008. Date of site visit: 1. Zoning History: Various Case Number Ord. Number Summary Date 06 -014 2006 -12 Rezone of Tract 0, Russian Creek Alaska Sub, from B - Business to RR -1 Rural Residential Zoning District. July 6, 2006 86 -025 86 -23 -0 Rezone of Lot 1, Block 2, Russian Creek Alaska Sub. From RR1 -Rural Residential One to PL- Public Use Land. June 5, 1986 83 -067 NA Request to rezone Tract E -1, Russian Creek Alaska Sub. from RR -Rural Residential to B- Business. (DENIED by the Planning and Zoning Commission) June 15, 1983 83 -026 83 -31 -0 Rezone of certain lands in Russian Creek Alaska Sub. From C- Conservation to RR1- Rural Residential One. May 5, 1983 82 -150 83 -21 -0 Rezone of portions of Womans Bay Community in accordance with the adopted comprehensive plan for areas that are designated for PL- Public Use Land. March 3, 1983 Z -81 -001 NA Request to rezone Lot 24, Block 1, Russian Creek Alaska Sub. B- Business to I- Industrial. February 18, 1981 Case 08- 011 /Staff Report Page 1 of 10 P 8 Z: February 20, 2008 Public Hearing Item VI -A 2. Lot Size: Tr 'IC, Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 3. Existing Land Use. Tr 'IC Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 4. Surrounding Land Use and Zoning: North: Multiple Parcels 9.16 acres 1.14 acres 1.44 acres 8.07 acres Total 19.81 acres Open Storage /residential Vacant Business Misc buildings Case 08- 011 /Staff Report Page 2 of 10 P & Z: February 20, 2008 (DENIED by the Planning and Zoning Commission) Z -80 -042 NA Request to rezone Lots 1 through 15, Block 1, Russian Creek Alaska Sub. from B- Business to RR -Rural Residential. (DENIED by the Planning and Zoning Commission) November 19, 1980 324 74 -31 -0 Rezone of Tracts G through 0 in the Russian Creek Alaska Sub. from Unclassified to B- Business. August 1, 1974 213 -A 69 -30 -0 Zoning the area known as Bell's Flats, Bell's Flats Subdivision and Russian Creek Subdivision Unclassified except for certain areas to be zoned I- Industrial. January 18, 1970 2. Lot Size: Tr 'IC, Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 3. Existing Land Use. Tr 'IC Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 4. Surrounding Land Use and Zoning: North: Multiple Parcels 9.16 acres 1.14 acres 1.44 acres 8.07 acres Total 19.81 acres Open Storage /residential Vacant Business Misc buildings Case 08- 011 /Staff Report Page 2 of 10 P & Z: February 20, 2008 Use: Zoning: South: Multiple Use: Zoning: East: Multiple Use: Zoning: West: Multiple Use: Zoning: Comprehensive Plan: Public Hearing Item VI -A Mixed Business /residential B - Business Zoning District Parcels Business Business Zoning District Parcels Business/Undeveloped B- Business, C- Conservation Parcels Roadway (South Russian Creek) /Residential RR1 -Rural Residential One The 2007 Womans Bay Community Plan depicts the rezone area as B - Business Zoning District and indicates generally that residential and commercial uses will be segregated, and that the Russian Creek side of the Womans Bay Community will remain the designated commercial area. The Plan notes: "The preferred development pattem continues to focus new business development in areas that have traditionally served such a purpose, though in an improved physical arrangement and a renewed emphasis on design and development standards. The community's business center will continue to be the area along Chiniak Highway." " "Other business activities may be accommodated in a second location. This area should offer neighborhood services such as day care that are small in scale and compatible to the surrounding residential uses." 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: KIBC 17.02.020 Reference and se. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.22.110 Nonconformities. Regulations for nonconformities (lots, uses and structures) are contained in chapter 17,36 of this title. (Ord. 92 -13 '3, 1992). This section is included because the business uses that presently occur on those lots if rezoned residential will now be termed "Non — Case 08- 011/Staff Report Page 3 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A Conforming uses. That is a business will be allowed to occur in a residential zone use, but with restrictions KIBC 17/2.030 Manner of Initiation. Changes in this title may be initiated in the following manner. *C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be 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. Under 17.72.060 Hearing determination, The burden of the applicants in requesting this change in rezoning is for them to meet the following test: Is there a "public necessity. convenience. general welfare and good zoning practice" case to be made to rezone this parcel. There is also a burden that the zoning change requested be supported by the Comprehensive Plan. All rezoning cases, because it is a change in the zoning map, requires additional' public hearing and approval by the Assembly. KIBC 17.72.055 Submission to Assembly. 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 assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, 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. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial /Industrial Development 1. Natural Features Case 08.011 /Staff Report Page 4 of 10 P & Z February 20, 2008 Public Hearing Item VI -A Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. KIBC 17.21.050 (C) Performance Standards states that business use adjacent to residential uses require screening to be provided subject to review and approval by the commission. Consistent: N /A. This area is a long established commercial zoned area. The proposed rezone may, if approved, affect the range of uses allowed in Case 08- 011 /Staff Report Page 5 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A the area; it may require business to however it is still intended to be predominantly commercial in nature. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N /A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, wetlands shall be consistent with ACMP Standards Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water natural wetlands is proposed as part of this action. Residential Development 1. Location In areas with poorly- draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. The proposed rezone is intended to address the desire for residential development in this area and in so doing recognize the fact that the area is dependent on the installation of onsite water and wastewater systems, which is not taken into account by the current B- Business District zoning. backshores or natural 6 AAC 80.070 (Energy bodies, backshores or COMMENTS INTRODUCTION The general concept of rezoning a portion of the Womens Bay "Business Zoned Island" into residential zoning has been heard by the Commission a number of times in the past. This case is an expansion of the case heard by the commission a couple of month ago with the addition of a second tract of land (Tract K) which is immediately adjacent to and immediately north of the Dario Dayton request. Mr. Dayton has also included his two smaller properties (Lot 1 & 2, Dayton Subdivision) into the mix along with his remainder parcel (Tract A of Tract L) that he has sought residential rezoning in the past. The total request for this rezone is 19.81 acres. Case 08- 011 /Staff Report Page 6 of 10 P & Z: February 20, 2008 Legal Description Public Hearing Item VI -A Area Use • Lot 1, Dayton Subdivision 1.14 ac Vacant • Lot 2, Dayton Subdivision 1.44 ac Feed Store • Tract A of Tract L RCAS 8.07 ac Cabin and house • Tract K, RCAS 9.16 ac Outside Storage Total Acreage 19.81 ac QUESTIONS TO BE DEBATED The debate surrounding this case should be viewed by answering the following questions: 1. The 2007 Womens Bay Comprehensive Plan and the 2007 Kodiak Island Borough Comprehensive Plans show the future use of this area is to remain zoned for B - Business. 2. Is future need for business land identified in this area more important than the present need for residential? 3. Did the applicants make a sufficient case that by this action, there is a "public necessity, convenience, general welfare and good zoning practice" associated with the rezoning of these parcels from B- Business to RR1 — Rural Residential. 4. There is also a burden that the zoning change requested be supported by the Comprehensive Plan. All rezoning cases, because it is a change in the zoning map, requires additional public hearing and approval by the Assembly ANSWERS TO QUESTIONS 1. COMPREHENSIVE PLAN The 2008 Island Wide Comprehensive Plan identifies this area for "business" use. The plan is absent of any language that there was a desire by the Womens Bay community to change the zoning of this area from the Business zone to a Residential zoning district. In fact, there is specific mention in the plan about "keeping business areas separate from residential ". This long held concept of creating an existing "island" of business zoned in fact makes sense and makes it easy to keep uses incompatible uses separated. Though this area of the business island is arguably underutilized, in the past it was active with the storage of fishing gear as "open storage. But planning, especially comprehensive planning is about future uses and reserving sufficient business zoned land for future development is important. Nothing came up at the comprehensive planning meeting or workshops about this concern. This is where those kinds of issues if important to the Womens Bay community would have been raised and discussed. Case 08- 011 /Staff Report Page 7 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A 2. BUSINESS ZONING VS RESIDENTIAL ZONING The total amount of business zone area in Russian Creek is approximately 90 acres in size. Is that amount of business zoned land proportional to the size of the Womens Bay community? Will 90 acres of business zoned land service the business needs of the Womens Bay community, Lash Dock development or future Kodiak business needs? It is important that open storage Is a permitted use in the business district. Based on KIB records. there are 39 vacant lots that are zoned RR1 in the Womens Bay area. The vacant lots total 122 acres. If zoned residential, a number of legitimate business uses would become "non- conforming uses" That means that any future expansion of that use would be limited or prohibited. 3. DID THE APPLICANT MAKE A CASE THAT THE ZONING REQUEST IS IN THE BEST INTEREST OF THE COMMMUNITY? The applicants have not made the compelling case that a rezone is in the best interest of the Womens Bay or the larger Kodiak community. Though a rezone to residential may allow these parcels to be sold, the ability to sell the parcel or receive what might be thought of as a retum on investment is not a compelling reason. The Basis of a rezone is fund in the comprehensive planning-process, where the pieces of a town are pieced together to make a community that is logical in its segregated uses. Property ownership by individuals is a freedom we enjoy, but how they are divided and used is a community interest. 4. DOES THE COMPREHENSIVE PLAN SUPPORT THE APPLICANTS? The 2007 Womens Bay Comprehensive Plan nor the 2008 Kodiak Island Borough Comprehensive Plan makes any mention of the need to change the zoning and use of this area. The zoning categories and layout in••Wombns Bay is one that is organized, understood and supported by the public. And the desirable future character and pattern of development is known. CONFORMANCE WITH THE COMPREHENSIVE PLAN: As stated above, the request is .inconsistent with the comprehensive plan. A change in the zoning will create a number of non - conforming uses for the business use that is legitimate occurring. A rezone will require bring residential use into contact with the noise, Tight and activity that occurs in a business zone - ZONING /USE: The area is characterized as a mixed use of business, open storage and residential use. Because this side of the business island is away from the Chiniak Highway, it is not noted for high business traffic. There has been a much greater emphasis on home based business and residential use in general. Case 08- 011 /Staff Report Page 8 of 10 P 8 Z: February 20, 2008 Public Hearing Item VI -A LAND SUITABILITY: The area is substantially affected by wetland conditions. Some areas have been filled in over the years; however, current filling requirements by the U.S. Army Corps of Engineers may restrict the ability to fill the remaining land in the proposed' rezone area. This is particularly true for the remaining large tracts located in the interior of the subdivision. A change to a more residential zoning will bring a need for onsite water and wastewater systems RECENT DEVELOPMENT TRENDS IN THE AREA: Lately, there has been a preference for lodging in the vicinity (the most recent activity is the development of a roadhouse structure at the old Rip — Tec lumber supply store). Residential development has occurred around the corner on Lot 88888. But open storage remains the primarily use. This use can only occur on Business —zoned property. TRAFFIC IMPACTS: The types of uses allowed in the [3-Business zoning district are intended to provide a full range of commercial activities, many of which are intended to provide services to the public outside of the Womans Bay Community. RECOMMENDATION Staff recommends that the Comprehensive Plan guide the Commission in its decision. There may be a strong tug to change this area to residential, but the community had two shots to discuss rezoning this "business island" to something other than what it is currently zoned but chose not to do so. That in itself is a strong statement because we know how engaged the Womens Bay Community in the process of both the 2006 Womens Bay Comprehensive Plan and the2008 Island -wide Comprehensive Plan. But that being said, the Commission has the prerogative to adjust the boundaries of the rezone area, just as it has the ability to initiate investigations in cases as this. Should that be the case, the commission should weigh this rezone against how many vacant residential lots presently exist. " - APPROPRIATE MOTIONS Motion #1 Move to recommend that the Kodiak island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B - Business to RR -1 Rural .Residential One Zoning, and Case 08- 011/Staff Report Page 9 of 10 P & Z: February 20, 2008 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 21, 2008. The meeting will begin at 7:30 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: 08 -023 APPLICANT: Darlo Dayton, Duncan Fields, Andy Kuljis, & Rob Lindsey AGENT: Bob Tarrant & Rob Lindsey REQUEST: A rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton. Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. LOCATION: 11883, 11967, 11945, and 11723 S. Russian Creek Road ZONING: B- Business 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. 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. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, May 14, 2008, a work session will be held at 7:30 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: 5 P4±f1s mailed 14.14-03 Current Location 1183, 11907, 11945, & 11723 S. Russian Creek Rd. Agenda Item # VI A P & Z Case # 08 -023 Dario Dayton, Duncan Fields, ndy Kuljis, & Rob Lindsey Request a rezone, according to KIBC 17.72.030 and 17.72.030.C, from B- Business to RR1 -Rural Residential One. ,:4!4:31/ (Ntiviir erPt • 0.t■ Legend subject parcels notification area 0 375 750 Feet 1 1 1 1 1 N s Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data. National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-lo -date. Kodiak Island Borough Community Development Department. Duncan Fields P.O. Box 25 Kodiak, AK 99615 May 13, 2008 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodiak, AK 99615 Re: Rezone Request Tract K and Tract L, Russian Creek Dear Planning Dept. and P &Z Commission, I am one of the petitioners for the rezone of Tracts K and L in the Russian Creek subdivision in Bells Flats. My Dad and I along with Bernie Lindsey were the original purchasers of tract K at auction. At the time, way back in the 80s, it seemed like businesses would be moving to the Flats and the "business" zoning made sense. However, in the intervening years, we've seen few businesses develop outside of Kodiak's core area and many of the small businesses that have tried to locate in Bells Flats have failed. Those businesses that have survived are primarily along West Rezaonf Drive. In addition, many of the adjacent and neighboring properties to tracts K and L have been rezoned or have been used exclusively for residential purposes. Finally, even if these parcels were used for business, those businesses would likely locate along South Russian Creek road and much of each parcel would remain unused since that part of the parcels that is away from the road is impractical for most business uses. (See, for example, the current use of tract L with limited business use along the road and the remainder of the parcel used for residential.) All of these reasons would justify a rezone of the property. The use expectations at the time of the original plan and platting simply haven't been realized and its time to adjust those expectations. I am aware that the Commission generally only takes testimony at the regular meeting and not the work session. Nevertheless, since I may have a scheduling conflict next week, I wanted the commission to be aware of the basis for my rezone request. If you or the staff have any additional questions, please do not hesitate to contact me. s c ES o i IE MAY 142008 J COMMUNITY DEVELOPMENT DEPAR1tENT` truly y. i rs, ncan Fields Duncan Fields P.O. Box 25 Kodiak, AK 99615 May 13, 2008 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodiak, AK 99615 Re: Rezone Request Tract K and Tract L, Russian Creek Dear Planning Dept. and P &Z Commission, I am one of the petitioners for the rezone of Tracts K and L in the Russian Creek subdivision in Bells Flats. My Dad and I along with Bernie Lindsey were the original purchasers of tract K at auction. At the time, way back in the 80s, it seemed like businesses would be moving to the Flats and the "business" zoning made sense, However, in the intervening years, we've seen few businesses develop outside ofKodiak's core area and many of the small businesses that have tried to locate in Bells Flats have failed. Those businesses that have survived are primarily along West Rezaonf Drive. In addition, many of the adjacent and neighboring properties to tracts K and L have been rezoned or have been used exclusively for residential purposes. Finally, even if these parcels were used for business, those businesses would likely locate along South Russian Creek road and much of each parcel would remain unused since that part of the parcels that is away from the road is impractical for most business uses. (See, for example, the current use of tract L with limited business use along the road and the remainder of the parcel used for residential.) All of these reasons would justify a rezone of the property. The use expectations at the time of the original plan and platting simply haven't been realized and its time to adjust those expectations. I am aware that the Commission generally only takes testimony at the regular meeting and not the work session. Nevertheless, since I may have a scheduling conflict next week, I wanted the commission to be aware of the basis for my rezone request. If you or the staff have any additional questions, please do not hesitate to contact me. CE[VEIN) MAY 1 4 2008 COMMt1NiTY DEVELOPMENT DEPARTMENT Public Hearing item Vl -A to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. STAFF RECOMMNEDATION Staff recommends denial of this motion. 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, No justification for the rezone has been offered, nor has any need for the rezone been shown. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is inconsistent with the preferred development pattern as expressed in the 2007 Womens Bay Community Plan or the 2008 Kodiak Island Borough Comprehensive Plan. Motion #2 APPROPRIATE MOTION Move to adopt the findings of fact as spelled out in the May 12 staff report STAFF RECOMMNEDATION Staff recommends approval of this motion. Case 08- 011 /Staff Report Page 10 of 10 P & Z- February 20, 2006 i. ANDREW FINKE ETAL 522 LETA ST KODIAK, AK 99615 RONALD ELLER ETAL 11572 S RUSSIAN CREEK RD KODIAK, AK 99615 ERIC & TERI SCHNEIDER PO BOX 311 KODIAK, AK 99615 STEVEN PENN PO BOX 249 KODIAK, AK 99615 LOCKE FINLEY PO BOX 3849 KODIAK, AK 99615 DUNCAN FIELDS ETAL 1950 CADDINGTON DR RANCHO PALOS VERDES, CA 90275 ELIZABETH F INC P 0 BOX 1275 KODIAK, AK 99615 MICHAEL ANDERSON PO BOX 2310 KODIAK, AK 99615 ALVIN & NATASHIA LOCHMAN 12020 GARA DR KODIAK, AK 99615 MICHAEL WELBORN PO BOX 634 KODIAK, AK 99615 DONALD CORNELIUS ETAL PO BOX 1863 KODIAK, AK 99615 MICHAEL OTTO 415 CAROLYN ST KODIAK, AK 99615 ANCHOR K STABLES, LLC PO BOX 3890 KODIAK, AK 99615 LEROY COSSETTE ETAL PO BOX 8670 KODIAK, AK 99615 JUBAL BRYANT 7120 E 4TH AVE ANCHORAGE, AK 99504 THOMAS SCHIESSER PO BOX 8470 KODIAK, AK 99615 JAMES PETERSON ETAL 11918 GARA DR KODIAK, AK 99615 WOODRUFF & ASSOCIATES 11590 W. REZANOF DR KODIAK, AK 99615 DARLO DAYTON 11883 S. RUSSIAN CREEK RD KODIAK, AK 99615 KODIAK RENDEZVOUS, INC 734 WILLOW CIR KODIAK, AK 99615 ROSE COBIS PO BOX 2875 KODIAK, AK 99615 KENT HELLIGSO ETAL PO BOX 3396 KODIAK, AK 99615 ROBERT GUNDERSON PO BOX 344 KODIAK, AK 99615 HILLSIDE, LLC PO BOX 10 JACKSON, WY 83001 LENHARTJ. GROTHE ESTATE C/0 GEORGE RIETH, PERS REP 218 CENTER AVE, STE B KODIAK, AK 99615 GEORGE & CATHY KLINKERT ETAL PO BOX 75 WWP WHALE PASS, AK 99950 HARRY DODGE 11754 5 RUSSIAN CREEK RD KODIAK, AK 99615 PETER ALLAN ETAL PO BOX 2160 KODIAK, AK 99615 KEVIN & STEPHANIE RIDDLE 1046 B HALSEY DR KEY WEST, FL 33040 ANDREW EDGERLY ETAL PO BOX 1907 KODIAK, AK 99615 • JOHN FELTON PO BOX 16750 MISSOULA, MT 59808 -6750 ALAN & PATRICIAJUHLIN 1059 PANAMAROFF CREEK DR KODIAK, AK 99615 DARLO DAYTON 11883 S. RUSSIAN CREEK RD KODIAK, AK 99615 CHARLES & LAURENE MADSEN PO BOX 3285 KODIAK, AK 99615 TUNDRA PLUMBING & HEATING INC 859 PANAMAROFF CREEK CIRCLE KODIAK, AK 99615 ROBERT LINDSEY 3162 SPRUCE CAPE RD. KODIAK, AK 99615 JOHN FELTON PO BOX 16750 MISSOULA, MT 59808 -6750 FRANK E STEARNS 893 PANAMAROFF CREEK DR KODIAK, AK 99615 DUNCAN FIELDS ETAL PO BOX 25 KODIAK, AK 99615 Mr. Dar lo Dayton 11883 S. Russian Creek Rd. 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.kib.co.kodialc.ak.us April 14, 2008 Re: Case 08-023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B-Business to RR1-Rural Residential One. Dear Mr.Dayton: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 21, 2008 regular meeting. This meeting will begin at 7:39 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, May 14, 2008 at 7:30 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, fle-A121:1- CS7Irn Sheila Smith, Secretary Community Development Department Cc: Mr. Robert Tarrant Mr. Duncan Fields Et Al Mr. Robert Lindsey KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room KODIAK, AK 99615-6398 (907) 486-93t FAX (907) 486-9396 www.kib.co.kodiak.ak.us Applicant Information (: et Property owner's name 20 ex-A kAndLaK Property owner's mailing address I-Ceti R - City State CSIS Home phone Work Phone e4e-r Agent's name (If applicable) Zip E-mail Addr. 3 1 G 2— 5 67 ex) e-t_ Agent's mailing address City 407 'ft .2.72 Home phone State Zip gig • 777 Work Phone E-mail Addr. Property Information R q ccaLL0 Property ID Nurnber/s ra,.er A " Legal Description Current Zoning: Po s ;Inc 35 Applicable Comprehensive Plan: Year of Plan adoption: Qu3-tn (c-c'e Present Use of Property: 50 v01.4- <Laes-s :lel Las: IA,' -tier eit." ; h a_ ir r iiotesteK.1 rtrait- 5 irat.1 ItinMeA agUi 71t_ fcsiltact 1.14-5 ;,MI cr-011,aar.e-x_ ij i Veer. t'e4.44.c.c Proposed Use of Property: (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 planl for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History As-built Survey Property Owner's Signature Photographs Maps Date Authorized Agent's Signature Other 3 11 206 Date 1A 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 wat6rways; 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 plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)* 5Ob Application received by: Staff signature 0812 PAYMENT VERIFICATION ECT2 F I ACM 04/2006 13:4240 012052 ZONING "Ziinina faunae, P R I Fee SchNitife: (peglic,&4 Asseb Resiiitt.tii4)); • CI* PailEatI.Fffili tx:*.iiN151 Kodiak Island Borough Kwijak BIL,99615 !...,es.1071iiiima)reves S350.00 .76 to 5.90 acres S750.4)6 :; •'`J,>,110 023 KOUlAti. ISLANU bUKUULi1-1 - UUMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room -')^5, KODIAK, AK 99615-6398 (907) 486-.9"? - FAX (907) 486-9396 wvvw.kib.co.kodiak.ak.us Applicant Information Property owner's name Property owner's mailing address City State Zip Home phone , Work Phone E-mail Addr. Agent's name (If apOiicable) Agent's mailing address City State Zip Home phone Work Phone E-mail Addr. Property information Property ID Number/s Legal Description Current Zoning: Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: Proposed Use of Property: (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the properly owner/authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan.' for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History As-bunt Survey Photographs Maps Other Property Owner's Signature Date • Authorized Agent's Signature Date A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving 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 plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)* Application received by: Staff signature PAYMENT VERIFICATION ming Change, Fee Seii eziti tiler.K!IB Assemiiiv Resoluiion EFL i.. 211(15) 1..„ess than :75 .-Aeres to 5.1.14 acres KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT • 710 Mill Bay Rd., Room :r----KODIAK, AK 99615-6398 (907) 486-93( (907) 486-9396 vvvvw.kib.cokodiak.ak.us Applican ,PAI Property owner's name //ffdtg Property owner's mailing address fl TO ation City Home phone 0,, 0 Work Phone 57-44:4°- Zip . 79G/s--- E-mail Addr. • Agent's name (If applicable) Z*V3 Md■Leir '7-- Agent's mailing bddress City Horne phone if-tr,7;2•2t...4-7 State /M. Work. Phone, Zip E-mail Addr. Property Information •'ify. • 0,0 Z *A. • to al a ' Property Number's id*" / .0 7Zuo ed X. .41 7):: ';s7 ‘07 4, • Legal Description Current Zoning: iriy40 es' Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: ,43,0-,).7„,,,s-S Proposed Use of Property: igel (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 planl for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History As-built Survey Photographs Maps Other Property Owner's Signature Date Authorized Agent's Signature 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) Code Section(s) Involved: STAFF USE ONLY FIA03 3/04 00001 Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Y.. Zoning change from to (KIBC 17.72.030 and 030.C)* .50 00 Application received by: Staff signature PAYMENT VERIFICATION 2 FIPECT2 2i108 13:37:47 A51 ZON119,im!rv,...::1321qF,e, P p 1 0 ''eSc (ptr AsseuriVi. 5Q10.N Eff. I._ 2905) -la* Paid in' Full *** Ropiak Island _Bgrough thWK 113670o41354324-es SZ50, 00 S750.90 4:11.J.90 aeres S Lf100,00 4410 or 05-43.23 Ann. le Kodiak Island Borough Code Application Requin s General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan. ... Variance 17.66.020 Application. An application for a variance may be filed by a property owner or his authorized agent. The application shall tie made on a form provided by'� the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.66.050 Approval or denial' "...A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions - applicable to, the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; • 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5„ . That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which-relief is being sought by :a variance; 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testi required findings in subsection A of this section it shall deny the variance. and ny at the public hearing, that it cannot make all of the 17.66.060 Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture,. height of building or structure, open spaces or parking areas; require conditions of operations ofar'enterprise; or make.' any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. Conditional Use 17.67.020 Application and fee. A. An application to the community, development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent. ; B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be --accompanied by-a filing fcc, estab1 ished.by.resalutiorrcf=ihe assembly,-payable to 3ie borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points,. drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. ' ` 17.67.060 Stipulations. in recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone - 17.33.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development 17.34.090 Site plan requirement. Developments of more than three (3) common -wall structures shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit. Boundary Amendment (Rezoning) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be 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. Revised Jan. 2004 N: \CD \Templates \ComDev \Revised F -CUP Variance Application.doc Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Referred Back to P &ZC KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -03 Manager Gifford P & Z Commission CDD Staff 07/17/ 2008 08/07/2008 08/07/2008 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZO ING FOUR (4) PARCELS OF LAND IN THE RUSSIAN CREEK SUBDIVISION,: TOTALING APPROXIMATELY 20 ACRES, FROM B- BUSINESS TO RR1 L RESIDENTIAL ONE DISTRICT (P82 CASE 08 -023) kttlio WHEREAS, the "island" of business zone property in Womens Bay is.loc Creek Subdivision; and WHEREAS, while the side of this business zoned property fr• ting -zanof Drive (and including business from the Speedy Kraft store down to Rendezv '' ' e th wing, the back side of this B — Business zone "Island" fronting South Russian Cree languished; and WHEREAS, the Planning and Zoning Commission h rezone the back portion of this business "island" in t current B- Business zoning district to another zoni reach its full potential; and WHEREAS, much of the residentially zone has been utilized leaving the more chal $ ngi develop; and s reviq;-d a number of requests to Russia Creek Subdivision from its jr+to reflect the area's slowness to liable for development in Womens Bay environmentally sensitive parcels left to WHEREAS, the Planning and nni • Co ` ission held a public hearing on May 21, 2008 as part of the review for this case; WHEREAS, the Plannin with the goals and obje the rezoning would pr•,vi have located in th by an increase i WHEREA Boroug 20 acr g Commission finds the request to be generally consistent 2007 Kodiak Island Borough Comprehensive Plan and that ditional population base to support the existing businesses that ay Community as well as encourage new business development development; and knning and Zoning Commission recommends' that the Kodiak Island ly ' ezone the four (4) parcels identified in the staff report, totaling approximately usiness to RR1 -Rural Residential One. EFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BO =" , H that Section 1: This ordinance is not of general application and shall not be codified. Section 2: The four (4) parcels of land described below and totaling approximate 20 acres are hereby rezoned from B- Business to RR1 -Rural Residential One. 1. Lots 1 & 2, Dayton Subdivision 2. Tract A of Tract L, Russian Creek Alaska Subdivision 3. Tract K, Russian Creek Alaska Subdivision Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 1of2 COMMITTEE REPORTS Dale Nash Alaska Aerospace Development Corporation (AADC) CEO, provided an update of e AADC program and the continued growth of the launch complex. He thanked the commun o ts continued support. Assem ly member Lynch gave an update on the Solid Waste Advisory Board's acti ies and spoke on the Solid Waste Management Plan recommendations that would be bro • ht before the Assem. tor consideration. Assembly mem er Stutes reported on the Providence Kodiak Island •unseling Center Advisory Board m ting. Assembly member Bra 'son reported on the Providence Island Servic Area Community Board meeting. She spoke on e differences of future senior housing op ons: 1) independent living through the Kodiak Island using Authority; or 2) assisted living rough Providence Hospital's proposed Greenhouse model. PUBLIC HEARING A. Ordinance No. FY2009-01A Ame ding Ordinance N. FY2009-01 to Appropriate Funds for the Purpose of Providing Informatio on Ballot Pro sition No. 1. OSWALT moved to adopt Ordinance No. '009 1A. The Assembly's wish was to release acc at information regarding Proposition No. 1 to effectively communicate the changes reg- ding re -nt 2008 financial disclosure laws that had become intrusive and to inform the pub ' that the pr' osition would instead require municipal officers to file a less intrusive KIB fina la' disclosure fo The Borough was required by laska Statutes to speci ally appropriate the funding by ordinance. Alaska Statutes Section .13.145(4b) states "money held by a nicipality may be used to influence the outcome • an election concerning a ballot proposition o question, but only if the funds have been see icall a ro dated for that purpose by a munici a rdinance." A draft informatio al brochure explaining the proposition was provided in the p cket. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Sel closed the public hea g. Asse ly members Abell, Branson, and Jeffrey spoke in support of appropriating fu 'ds to ed ate the public on the requirements of municipal officers. kOLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Jeffrey, Lynch, Oswalt, and Stutes. B. Ordinance No. FY2009-03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B-Business To RR1 — Rural Residential' One District. (P&Z Case 08-023.) STUTES moved to adopt Ordinance No. FY2009-03. Kodiak Island Borough August 7, 2008 Assembly Minutes Page 574 The Planning and Zoning Commission recommended four lots, totaling approximately 20 acres, located in the B- Business zoned "island" in Womens Bay be rezoned to RR1 —Rural Residential One. The Commission found that while businesses fronting Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) were thriving, the back side of the B— Business zone "island" and fronting South Russian Creek Road (where the parcels reside) had languished to meet their full potential. Mayor Selby opened the public hearing. Public hearing responses received from Luke Lester and Maurice Johnson, both of whom were in support of keeping the lots zoned as B- Business, were read into the record by Clerk Javier. Mayor Selby closed the public hearing. Duane Dvorak, CDD Associate Planner, outlined the options available to the Assembly. One option was to refer the case back to the Planning and Zoning Commission for further recommendations. ABELL moved to refer Case 08 -023 back to the Planning and Zoning Commission. ROLL CALL VOTE ON MOTION TO REFER CARRIED FIVE TO ONE: Branson, Jeffrey, Oswalt, Stutes, and Abell (Ayes); Lynch (No). Ordinance No. FY2009 -04 Amending Title 17 Zoning of the Kodiak Island Borough Code of Ordinances Section 17.02.030 Comprehensive Plan to Incorporate the Kodiak Island B • • ugh Coastal Management Program Plan Update. BRANSON •ved to adopt Ordinance No. FY2009 -04. The consultant, P - , ning and Zoning Commission, and staff worked to d elop a plan that expressed the wishes - nd desires of borough residents regarding futu development in the coastal areas of the Kodia egion. The plan was approved by the Iaska Department of Natu - r Resources (ADNR) and the Federal Office of Coastal Resourc- anagement (OCRM o it was not possible to consider any further amendments at the time. ake the plan - forceable and restore the Borough's "place at the table" during coastal project r- ews, w- : contingent upon the adoption of the plan update. As a second class borough, the KIB has zoning powers. There are many excep shore (within the borough 3-mile Launch Complex, etc. In many i State of Alaska Regulation development located_ outsi I- d use re ns where that undary limit), on the ances the KIB Coastal Mana from which they are derived, m of established communities than the loca lation authority through its planning and thority does not extend such as off - ast Guard Base, at the Kodiak ment Program and the related have more to do with oning authority. Staff recommende• e adoption of the KIB Coastal Management Progra Ian Update and passage of the o • finance for codification. Duane Dv ak, CDD Associate Planner, explained that approving the ordinance woul place the agencies that would be involved with approving future plans. sure a Kodiak Island Borough August 7, .2008 Assembly Minutes Page 575 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. 2004 -07 Manager Carlson Planning & Zoning Commission Community Development Department 04/15/2004 05/06/2004 05/06/2004 AN ORDINANCE OF THE KODiAK ISLAND BOROUGH ASSEMBLY AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 16 SUBD /VISION CHAPTER 16.40 PRELIMINARY PLA T SECTION 16.40.060 PROCEDURE CHAPTER 16.60 VACATIONS SECTION 16.60.030 REQUIRED APPLICATION SECTION 16.60.040 ACTION AND TITLE 17 ZONING CHAPTER 17.66 VARIANCES SECTION 17.66.040 PUBLIC HEARING AND NOTICE CHAPTER 17.67 CONDITIONAL USE PERMITS SECTION 17.67.040 PUBLIC HEARING WHEREAS, the Kodiak Island Borough Planning and Zoning Commission adopted certain amendments to its bylaws on May 23, 2003; and WHEREAS, these amendments were forwarded to the Kodiak Island Borough Assembly for consideration and were subsequently approved by motion on July 17, 2003; and WHEREAS, the amendment to change the agenda deadline for regular meetings of the Kodiak Island Borough Planning and Zoning Commission has implications within the applicable chapters of KIBC Title 16 Subdivisions and KIBC Title 17 Zoning which must be reconciled by ordinance to be consistent with the new, guideline established in the revised Commission bylaws; and WHEREAS, in order to achieve consistency with the new agenda deadline approved by the Commission and Assembly, the Borough Assembly needs to review and approve the suggested changes to Kodiak Island Borough Code of Ordinances Chapters 16.40 Preliminary Plat, 16.60 Vacations, 17.66 Variances, and 17.67 Conditional Use Permits; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 16, Chapter 16.40, Section 16.40.060 is hereby amended as follows: Title 16 Subdivision Chapter 16.40 PRELIMINARY PLAT 16.40.060 Procedure. A. The community development department director shall review the preliminary subdivision plat for completeness within five (5) working days of receipt. If the plat does not meet the requirements of sections 16.40.020 through 16.40.050 of this chapter, the community development department director shall notify the subdivider and surveyor in writing stating the additional information required. Kodiak Island Borough, Alaska Ordinance No. 2004-07 Page 1 of 3 dz,cio.e ( e__