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CHINIAK AK BK 1 TR E-1 - Conditional Use PermitPublic Hearing Item VI-F Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT - APRIL 16,1997 Meeting of: April 9, 1997 ITEM TITLE: Case 97-005. Planning and Zoning Commission determination, in accordance with Section 17.03.090.B (Similar uses) of the Borough Code that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL-Public Use Lands zoning district, and a request for a conditional use permit, in accordance with Section 17.67.050 (Conditional uses) of the Borough Code, to permit a teacher residence supporting a public school (as similar in impact to a dormitory) to be located on Tract E, Chiniak Alaska Subdivision. RECOMMENDED ACTION: Staff recommends approval of the similar use determination and approval of the conditional use permit. APPROPRIATE MOTIONS: Move to find that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL-Public Use Lands zoning district, on Tract E, Chiniak Alaska Subdivision, and to adopt the finding contained in the staff report dated March 25, 1997 as "Finding of Fact" for this case. and then: Move to grant a request for a conditional use permit in accordance with Section 17.67.050 of the Borough Code, to permit a teacher residence supporting a public school, to be located on Tract E, Chiniak Alaska Subdivision, and to adopt the findings contained in the staff report dated March 25, 1997 as "Findings of Fact" for this case. DATE: TO: FROM: SUBJECT: CASE: Kodiak Island Borough MEMORANDUM March 25, 1997 Planning and Zoning Commission Community Development Department Information for the April .16, 1997 Regular Meeting 97 -005 APPLICANT: Kodiak Island Borough AGENT: REQUEST: LOCATION: ZONING: Public Hearing Item VI -F Steve Hobgood, Facilities/Engineering Dept. Director A similar use determination, in accordance with Section 17.03.090.B (Similar uses) of the Borough Code that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL- Public Use Lands zoning district, and A conditional use permit, in accordance with Section 17.67.050 (Conditional uses) of the Borough Code, to permit a teacher residence supporting a public school (as similar in impact to a dormitory) to be located in the PL -Public Use Lands zoning district. Tract E, Chiniak Alaska Subdivision PL- Public Use Lands Thirteen (13) public hearing notices were mailed on April 4, 1997. Date of site visit: 1. No site visit made Zoning History: The 1968 Comprehensive Plan does not address zoning in the Chiniak area. Ordinance 68 -16 -0 rezoned Tract E from Conservation to PL- Public Use Lands for school use. 2. Lot Size: 3. Existing Land Use: 4. Surrounding Land Use and Zoning: North: Case 97 -005 Tract A, Chiniak Alaska Subdivision Use: Vacant Zoning: PL Public Lands 9.85 acres School Page 1 of 9 P & Z: April 16, 1997 Public Hearing Item VI-F South: Lot 5, Block 1, Chiniak Alaska Subdivision Use: Community Tsunami Shelter Zoning: PL-Public Lands East: Lots 1A, 1B, and 2, Block 1, Chiniak Alaska Subdivision Use: Residential Zoning: RR2-Rural Residential Two West: Tract B, Chiniak Alaska Subdivision Use: Vacant Zoning: PL-Public Lands 5. Comprehensive Plan: The 1968 Comprehensive Plan does not address the Chiniak area. The 1987 Chiniak Area Comprehensive Plan designates Tract E as the school site. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.03.090 Similar uses may be permitted. B. Land uses other than those conditionally permitted in a district may be allowed if they are similar to those listed and are found by the planning commission, after a public hearing, to be similar in character and impact. 17.33.010 Description and intent. The public lands district is established as a land use district for publicly owned land containing recreational, educational and institutional uses... 17.33.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit from the planning and zoning commission after proper notice, public hearing, and approval of a detailed site plan: C. Dormitories; COASTAL MANAGEMENT APPLICABLE POLICIES Industrial/Commercial Development 1 Natural Features Case 97-005 Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, industrial and energy facilities - if permitted under applicable regulations. Page 2 of 9 P & Z: April 16, 1997 Public Hearing Item VI-F Consistent: Yes. This action does not propose to dredge, fill, or excavate along the shoreline. 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: Yes. There is existing public access to the shoreline in this area provided by park trails. 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: Yes. This action does not propose to dredge and/or fill along the shoreline. 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: Yes. The development proposed is not over the water. 5. Buffer Zones Case 97-005 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. Consistent: Yes. Natural vegetation and the topography Page 3 of 9 P & Z: April 16, 1997 Public Hearing Item VI-F 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: Yes. The housing complex and supporting parking are located well back from the shoreline on this tract. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Yes. This action does not involve fill or drainage of wetlands or water bodies. GENERAL COMMENTS Within this request are two determinations for the Commission to make. The first is a determination that a mobile home serving as a teacherage intended to provide housing accommodations for teachers at the semi-remote school in Chiniak is similar in character and impact to the conditionally permitted dormitory use in the PL-Public Use Land zoning district. The second deteanination, which can only be made if the first determination is affirmative, is consideration of a request to grant a conditional use permit for mobile home to serve as a teacher residence on Tract E, Chiniak Alaska Subdivision. Case 97-005 Page 4 of 9 P & Z: April 16, 1997 Public Hearing Item VI-F COMMENTS SIMILAR USE DETERMINATION The double-wide mobile home proposed to be placed near the Chiniak School on Tract E to serve as a residence for teachers will replace an older, deteriorating mobile home which has served as the teacherage for the school since 1984. The PL-Public Use Lands zoning district does not specifically permit residential use. Similar use determinations have previously been made for residential uses in the PL-Public Use Lands zoning district which resulted in apartment units for the elderly on Borough Hill (Case 94- 010) and an apaitinent complex providing temporary housing for visiting workers and research students at the Near Island Research Facility (Case 96-007) as similar in character and impact to the conditionally permitted dormitory use in the PL-Public Use Land zoning district. Those determinations were based on the definition of a "dormitory" as found in The New Illustrated Book of Development Definitions (1993), which describes dormitories as buildings used as living quarters accessory to a college, university, boarding school, or other similar institutional use. As referenced in the staff reports for those cases, those determinations were based, at least in part, on two projects that had historically been determined to be an appropriate use in the PL- Public Use Land zoning district, specifically the 152-public dormitory, now the "Borough Building," and the 13-unit apartment residential complex nearby on Borough Hill now referred to as the "KANA Dorms." These projects were constructed in 1967-68. Other examples of residential uses that are accessory to permitted uses in the PL-Public Use Land zoning district include the extended care facilities in the Kodiak Island Hospital and the apartments in the fire service district stations. Chiniak School has traditionally been staffed by just one couple at a time providing K-8 instruction as certified teachers for all the students at the school, generally numbering approximately 20-30. Housing for the teachers has, since the school was constructed in 1984, been provided on-site in a mobile home. That older mobile home has deteriorated and is scheduled to be replaced this summer. This is a logical and convenient arrangement since the two teachers generally fill a number of different roles at the school that at other schools are provided by a larger staff. Living on-site greatly facilitates this. For this reason, a mobile home used as a teacherage for teachers on site is consistent with the definition of dormitory since it provides housing for staff directly accessory to and in support of the principal institutional school use of the property'. Nor is it inconsistent with the description and intent of the PL-Public Use Lands zoning district since the residential use that this determination would allow would not only not interfere with the development and continuation of public services as stated in KIBC 17.33.010.B, but, in fact, would enhance and further the Case 97-005 Page 5 of 9 P & Z: April 16, 1997 Public Hearing Item VI-F provision of public education as the Chiniak School because of its unique semi-remote situation. Teacherages have been permitted as a part of the development of school sites in several of the remote villages on Kodiak. The Commission must make a similar use determination before considering the requested conditional use permit. If the Commission does not believe that a teacherage on the Chiniak school site a use similar to a conditionally permitted dormitory use, then there is no need to consider the conditional use permit request. RECOMMENDATION SIMILAR USE DETERMINATION Staff recommends that mobile home providing housing for the teachers at the Chiniak School be found similar in character and impact to the conditionally permitted dormitory use in the PL- Public Use Land Zoning District. APPROPRIATE MOTION SIMILAR USE DETERMINATION Move to find that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL-Public Use Lands zoning district, on Tract E, Chiniak Alaska Subdivision, and to adopt the finding contained in the staff report dated March 25, 1997 as "Finding of Fact" for this case. FINDING OF FACT: 1. Residential uses on public lands have historically been permitted in the Borough, in several cases directly related and accessory to a permitted institutional educational use. The character and impact on surrounding property and uses of a mobile to provide housing for a teaching couple staffing the Chiniak School would be far less than that of a facility housing a larger number of students and/or staff, as has been previously permitted in conjunction with educational facilities. A mobile home has served as a residence for teachers on this site for thirteen years without problems or complaints. In a semi-remote location such as this, teachers living at or near the school maximizes both the efficiency and effectiveness of the educational function since the teaching couple serves multiple roles at the school. Case 97-005 Page 6 of 9 P & Z: April 16, 1997 Public Hearing Item VI -F COMMENTS CONDITIONAL USE PERMIT This conditional use permit is before the Planning and Zoning Commission for conceptual plan approval of a mobile home to provide housing for teachers at Chiniak School, which is located in the PL- Public Lands Zoning District. Schools are a permitted use in the PL zoning district. Dormitories are permitted as a conditional use, generally accessory to school use. As an accessory use, the residential component of this proposal is, as previously determined, similar in impact and character to a conditionally permitted dormitory use. The mobile home serving as a residence housing the teaching couple would not interfere with the development or continuation of public services in the district. On the contrary, it would enhance the efficiency and function of the operation by allowing the teachers to live adjacent to the school, facilitating fulfillment of their multiple tasks and lending more immediate access to the resources and information available at the school. The accompanying detailed site plan shows the mobile home relative to the Chiniak School. Required setbacks are met and there is adequate area for the three parking spaces required on site for a dwelling unit. This location is established and particularly well suited for the school and for a teachers' residence nearby. The proximity of these two structures has proven to be mutually complementary. KLBC 17.67.060 stipulates that, in recommending the granting of a conditional use, the commission can impose additional conditions and safeguards to ensure compatibility of the conditional use with other uses in the zoning district. The site itself, by virtue of its semi - remoteness, topography, and natural vegetation, offers screening, landscaping, and buffering naturally. RECOMMENDATION CONDITIONAL USE PERMIT Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact, for a conditional use permit to be granted under Chapter 17.67 (Conditional Use Permits) of the Borough Code. APPROPRIATE MOTION CONDITIONAL USE PERMIT Should the Commission agree with the staff recommendation, the appropriate motion is: Case 97 -005 Page 7 of 9 P & Z: April 16, 1997 Public Hearing Item VI-F Move to grant a request for a conditional use permit in accordance with Section 17.67.050 of the Borough Code, to permit a teacher residence supporting a public school, to be located on Tract E, Chiniak Alaska Subdivision, and to adopt the findings contained in the staff report dated March 25, 1997 as "Findings of Fact" for this case. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value. spirit. character and integrity of the surrounding area. This mobile home serving as a teacherage is designed specifically to provide housing for the teaching staff, traditionally consisting of a married couple, at the Chiniak School. As such, it is an accessory use that has been determined to be similar to a conditionally permitted dormitory use directly supporting the educational purpose of the school, as prescribed by the description and intent of the PL-Public Use Lands zoning district (KIBC 17.33.020). This preserves the value, spirit, character and integrity of the surrounding area which consists of other public use lands, the Chiniak Tsunami Shelter, the Chiniak Library, and other school facilities. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that the conditional use permit will fulfill the requirements of Chapters 17.67 (Conditional Use Permits). The impact of this proposed conditional use can be mitigated, if deemed necessary, by application of controls and safeguards to assure compatibility. However, given the large size of the tract and the remoteness of the site, the proposed conditional use, accessory to the educational purposes of the ,Chiniak School, supports the general function and enhances the overall success of the school with minimal impacts to the surrounding area. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health., safety, convenience and comfort. The granting of the conditional use permit will not be harmful to the public health, safety, convenience and comfort. There are no existing commercial uses nearby that will be in conflict, and the teacherage will be compatible with both the function of the school and residences on adjacent properties. Case 97-005 Page 8 of 9 P & Z: April 16, 1997 Public Hearing Item VI-F 17.67.05 D. That sufficient setbacks, lot area. buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. This is a semi-remote area with very low density residential (RR2) nearby. Maximum retention of natural vegetation, in combination with the site's topography and the relative remoteness serve to adequately control any negative offsite impacts. The mobile home will comply with the setback requirements for all yards in the PL zoning district, which is twenty-five (25) feet. This provides sufficient space and separation between uses. 17.67.05 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. In its function as a teacherage providing housing for the Chiniak teachers, the mobile home is not only similar in nature, if not size, to a dormitory, but also enhances the educational function of the school maximizing the benefit to the public. Case 97-005 Page 9 of 9 P & Z: April 16, 1997 < Y , J v ♦. c p a•/ 11 �� L Y J aa\ i2 "0x32' CMP culvert) • 44 isf 61 surface water drainage underground electrical service to trailer. 48 limits of clear see general civil notes, sht. C3 48 50 utilit .,...•••■ — a < magi PARTIAL SITE PLAN 500 ral day tank abov= ground - ` with limber ift_ ft� 260' scale: l u =4)' general z or surface and surfacing. area for leaching water W modified contours ."-C:W. key box surf underground electrical service to trailer. tzeottl4 limits of clean . 44 — 46 —%— utilit casmen 48 notes, sht. C3 -5--;- 0" 65evrseb 500 gal day above ground with timber c ' 8c3S 02 F a PARTIAL SITE PLAN scale: ia=-- 2 0' L f> n n L wry 1rL .0 ,Y J • J A V v 4 < J 4L )77LJ nr > J L < J 12 »0x32' CMP- culvert N 9ral g• 'elev. \46.0' 1/41'0 1.'- modified contours typ,• surface water drainage underground electrical service to trailer. limits of clears see general civil notes, sht. C3 utilit PARTIAL SITE PLAN 260' ` 1 scale: 1 " =O' ppe c e2 Do /ltl Ku1)IAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, April 16, 1997. 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 97 -005. Planning and Zoning Commission determination, in accordance with Section 17.03.090.B (Similar uses) of the Borough Code that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL -Public Use Lands zoning district, and a request for a conditional use permit, in accordance with Section 17.67.050 (Conditional uses) of the Borough Code, to permit a teacher residence supporting a public school (as similar in impact to a dormitory) to be located on Tract E, Chiniak Alaska Subdivision. This notice is being sent to you because our records indicate you are a property owner 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 -9374. 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, April 9, 1997 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 -9362. Your Name: Mailing Address: Your property description: Comments: Kodiak Island Borough *LIVE* DATE 4/03/97 TIME 1632.42- FORM LETTER #: 5 GEO BASED PROPERTY SYSTEM PROPERTY GROUP LISTING FORM LETTER DESCRIPTION: PHN VENUE 5 PROPERTY NUMBER OWNER NAME PAGE 1 VENUE: BOR LB0220 GROUP CDSEC3 PROPERTY ADDRESS MAILING ADDRESS R5307000010 R5515010003 R5515010004 R5515010006 R5515010007 R5515 R5515010010 R5515010011 R5515020015 R5515020016 R5515020017 R5515040013 TOTAL LETTERS: ERIC & DOLORES SCHMIDT 43050 CHINIAK HWY SCHMIDT,ERIC & DOLORES CHINIAK AK 99615 P.O. BOX 5504 CHINIAK EDWIN CHRISTMAN ETAL UNKNOWN CHINIAK BRENT WATKINS 43198 SPRUCE WAY CHINIAK EDWARD GRIFFIN 43191 SPRUCE WAY CHINIAK ALANA TOUSIGNANT JAMES & LORETTA HARRIS NELLIE TRAVIS BETTY REID JOHN & MAUREEN BUTLER JAMES BALAMACI ANITA BIGGINS 43139 SPRUCE WAY AK 99615 AK 99615 AK 99615 CHINIAK AK 99615 KODIAK AK 99615 42742 CHINIAK HWY AK 99615 EDWIN CHRISTMAN & JOSEPH TERABASSO 1575 WOLF ISLAND RD REIDSVILLE NC 27320-1411 BRENT WATKINS P 0 BOX 1872 KODIAK GRIFFIN, EDWARD P.O. BOX 5502 KODIAK TOUSIGNANT,ALANA P.O. BOX 5547 CHINIAK K AK IS BOROUGH JAMES & LORETTA HARRIS CHINIAK AK 99615 10788 NEPPEL RD NE MOSES LAKE 42820 CHINIAK HWY TRAVIS,NELLIE CHINIAK AK 99615 P.O. BOX 5528 CHINIAK 43033 CHINIAK HWY BETTY REID CHINIAK AK 99615 P.O. BOX 713 KODIAK AK 99615 AK 99615 AK 99615 AK 99615 WA 98837 AK 99615 AK 99615 42910 CHINIAK HWY BUTLER,JOHN & MAUREEN CHINIAK AK 99615 P.O. BOX 2610 KODIAK AK 99615 42976 CHINIAK HWY JAMES BALAMACI CHINIAK AK 99615 P 0 BOX 100855 ANCHORAGE 43163 SPRUCE WAY KODIAK AK 99615 ANITA BIGGINS P 0 BOX 5544 CHINIAK AK 99510-0855 AK 99615 \11,c, R S5k 50 to OO L1/4 5i SOP 00L--\ gic ft; r- so\D OOJ 1A.55 3,--n 62,63orloo c-D v NEW BUSINESS A. AWARDS 1. Contract No. 97-19 Chiniak School Teacherage Housing Replacement. • JOHNSON, seconded by BONNEY moved to award Contract No. 97-19 to Northwest Manufactured Homes of Kodiak in an amount not to exceed $87,500. Mayor Selby said the present structure was not suitable for living quarters, but it would be used during the NIRF construction. In response to Presiding Officer Heinrichs, Mayor Selby said the teacherage was not required but was provided as a convenience and a watch house. Assemblymember Milligan was concerned that there were water fixtures on the outside walls. He did not want to spend funds to repair frozen pipes. Mayor Selby would pass the concern on to the Engineering/ Facilities Department Director for a closer look because it was an Alaskan package, design for harsher climates. At Assemblymember Johnson's inquiry, Mayor Selby said the teachers paid rent, but he was not sure if only teachers could rent the building. Assemblymember G. Stevens was not convinced about providing housing for Chiniak teachers. He asked if the teachers earned additional salary for cost of living. Mayor Selby emphasized the advantage of site control of the school to eliminate vandalism. In response to Assemblymember Abell, Mayor Selby said the Borough was not involved in renting the building to teachers, that was handled by the school district for all village teacherages provided. When Assemblymember Heinrichs asked what the offset value of the mobile home at the site of the NIRF construction site was, Mayor Selby estimated $24,000. Regular Assembly Meeting April 3, 1997 NEW BUSINESS AWARDS CONTRACT NO. 97-19 Volume XXII •Page 166 VOTE ON MOTION TO AWARD Ayes: Johnson, Milligan, W. Stevens, Bonney, Heinrichs Noes: G. Stevens, Abell MOTION CARRIED 5 Ayes, 2 Noes After a five minute recess at 10:50, Presiding Officer Heinrichs reconvened the regular meeting. B. RESOLUTIONS RESOLUTIONS Al]. resolutions and ordinances presented at this meeting were introduced by title only and copies made available to the. public. 1. Resolution No. 97-17 Recognizing the Valuable Assistance Provided by the State of Alaska Department of Community and Regional Affairs. Presented for consideration was Resolution No. 97-17 that, if adopted, urged the governor and legislature of the State of Alaska to continue level funding for the Department of Community and Regional Affairs. JOHNSON, moved to adopt seconded by W. •STEVENS Resolution No. 97-17. Clerk Smith said the DCRA provided invaluable service to clerks and municipalities throughout the state. Mrs.. Wayne Stevens called to report that there was a fire at the Tyson Seafoods plant. VOTE ON MOTION TO ADOPT Ayes: Milligan, G. Stevens, W. Stevens, Abell, Bonney, Johnson, Heinrichs Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting April 3, 1997 RESOLUTION NO. 97-17 Volume XXII Page 167 TO: Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 MEMORANDUM Steve Hobgood, Director, Facilities/Engineering FROM: Eileen Probasco, Secret Community Developmen ent DATE: April 2, 1997 Case 97-005. Planning and Zoning Commission determination, in accordance with Section 17.03.090.B (Similar uses) of the Borough Code that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL-Public Use Lands zoning district, and conditional use permit, in accordance with Section 17.67.050 (Conditional uses) of the Borough Code, to permit a teacher residence supporting a public school (as similar in impact to a dormitory) to be located on Tract E, Chiniak Alaska Subdivision. Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their April 16, 1997 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 recommended. The week prior to the regular meeting, on Wednesday, April 9, at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-9363. k KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, ROOM 205, KODIAK, ALASKA 99615 -6398, (907) 486 -9362 The application fee for items covered by this form is $200.00, except as otherwise noted. Conditional Use Permits, and Variance applications also require the submission of a site plan. Applicant Information Property owner's name:�h Property own r' mailing address: City: �� 1 ✓� �� State: Zip: Home phone: Work phone: If applicable, Agent's name: S V flieP6COLi 1)61.(7. f/�)CIL a fS D Agent's mailing address: City: State: Zip: Home phone: Work phone: Legal Description: Property Information CFli,k)10)4 Present use of property: Proposed use of property Applicant Certification /, the applicant/authorized agent, have been advised of the procedures involved with this request and have recieved a y of the appropriate regulations. horized Agen s Sign date Property Owner's Signature Date STAFF USE ONLY Code Section(s) involved: I7.©3•6q0.E 1"7-303.0. Variance 501 !L 1/772 uSe .027-FQ+h I I r9T7 c '&103-C4 .e 409 Conditional Use PermitCi1,33.o c.c) Title 18 Review Other (appearance requests, etc.) $50.00 Zoning change from to Application received by: Staff signature Dafe PAYMENT VERIFICATION July, 1993 Cr? ) cfud DO Kodiaf'� T'land Borough E X P E N S E A D J U S T M E N T DATE alai /, 7 FUND DEPT ACCOUNT NUMBER INCREASE DECREASE aao I' OCR a3a, 000 o e2:?v0 ()b • Explain: appi,rc..4-(6,,. Fee 4r h ►nr'et_/c %Tacheea, Prepared By: Gcc ke %CtAtiA\ -t.-- _Approved B Use this form to adjust expenditures only, i.e. cha ge another department for items, correct errors, etc. When correcting errors, please provide information or source document where the error occurred. TO: • KodiakilandBoroulh' MEMORANDUM Steve Hobgood, Director, Facilities/Engineering FROM: Bob Scholze, Associate Planner Community Development Department DATE: May 1, 1997 Case 97-005. Planning and Zoning Commission determination, in accordance with Section 17.03.090.B (Similar uses) of the Borough Code that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL-Public Use Lands zoning district, and a request for a conditional use permit, in accordance with Section 17.67.050 (Conditional uses) of the Borough Code, to permit a teacher residence supporting a public school (as similar in impact to a dormitory) to be located on Tract E, Chiniak Alaska Subdivision. The Kodiak Island Borough Planning and Zoning Commission at their meeting on April 30, 1997, approved the similar use determination and granted the conditional use permit request cited above. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. An approved conditional use permit must be permitted within a two year period to be valid. Please contact this office for further details. An appeal of this decision may be initiated by any party, by filing a written notice of appeal with the Borough Clerk within twenty (20) days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until twenty (20) days following the decision. This letter shall constitute the similar use determination and the conditional use permit. Please bring it when you come to our office to obtain zoning compliance for any construction on the property. The Commission adopted the following findings in support of their decision: Case 97-005 Page 1 of 3 May 1, 1997 FINDING OF FACT - SIMILAR USE DETERMINATION Residential uses on public lands have historically been permitted in the Borough, in several cases directly related and accessory to a permitted institutional educational use. The character and impact on surrounding property and uses of a mobile to provide housing for a teaching couple staffing the Chiniak School would be far less than that of a facility housing a larger number of students and /or staff, as has been previously permitted in conjunction with educational facilities. A mobile home has served as a residence for teachers on this site for thirteen years without problems or complaints. In a semi - remote location such as this, teachers living at or near the school maximizes both the efficiency and effectiveness of the educational function since the teaching couple serves multiple roles at the school. FINDINGS OF FACT - CONDITIONAL USE PERMIT 17.67.05 A. That the conditional use will preserve the value. spirit. character and integrity of the surr unding area. This mobile home serving as a teacherage is designed specifically to provide housing for the teaching staff, traditionally consisting of a married couple, at the Chiniak School. As such, it is an accessory use that has been determined to be similar to a conditionally permitted dormitory use directly supporting the educational purpose of the school, as prescribed by the description and intent of the PL Public Use Lands zoning district (KIBC 17.33.020). This preserves the value, spirit, character and integrity of the surrounding area which consists of other public use lands, the Chiniak Tsunami Shelter, the Chiniak Library, and other school facilities. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that the conditional use permit will fulfill the requirements of Chapters 17.67 (Conditional Use Permits). The impact of this proposed conditional use can be mitigated, if deemed necessary, by application of controls and safeguards to assure compatibility. However, given the large size of the tract and the remoteness of the site, the proposed conditional use, accessory to the educational purposes of the Chiniak School, supports the general function and enhances the overall success of the school with minimal impacts to the surrounding area. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health. safety. convenience and comfort. Case 97 -005 Page 2 of 3 May 1, 1997 The granting of the conditional use permit will not be harmful to the public health, safety, convenience and comfort. There are no existing commercial uses nearby that will be in conflict, and the teacherage will be compatible with both the function of the school and residences on adjacent properties. 17.67.05 D. That sufficient setbacks. lot area. buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. This is a semi - remote area with very low density residential (RR2) nearby. Maximum retention of natural vegetation, in combination with the site's topography and the relative remoteness serve to adequately control any negative offsite impacts. The mobile home will comply with the setback requirements for all yards in the PL zoning district, which is twenty-five (25) feet. This provides sufficient space and separation between uses. 17.67.05 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. In its function as a teacherage providing housing for the Chiniak teachers, the mobile home is not only similar in nature, if not size, to a dormitory, but also enhances the educational function of the school maximizing the benefit to the public. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9362. Case 97 -005 Page 3 of 3 May 1, 1997 Lakeside/Safeway Subarea Plan, incorporated as an element of the Kodiak Island Borough Comprehensive Plan in 1991. The plan map in the Subarea Plan identifies the rezone area as Retail Business. This rezone will preclude future intensive industrial development that might conflict with nearby existing uses, including commercial and retail, residential, and park/playground, that have been established as a result of development trends in the area over the past decade. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Karen Bendier, attorney for Mill Bay Plaza Inc., one of the property owners in opposition to the rezone request, appeared before the Commission and stated that her client opposed this rezone request at this time, until they had decided how to best use their lot. Public Hearing Closed. Regular Session Opened. The Commission discussed their options and agreed that the best decision at this time would be to defeat the motion, since some of the affected property owners were opposed to the rezone. They confirmed that they wished to keep the option available in the future, should the need arise. The question was called and the motion FAILED by unanimous roll call vote. Case 97-005. Planning and Zoning Commission determination, in accordance with Section 17.03.090.B (Similar uses) of the Borough Code that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL-Public Use Lands zoning district, and a request for a conditional use permit, in accordance with Section 17.67.050 (Conditional uses) of the Borough Code, to permit a teacher residence supporting a public school (as similar in impact to a dormitory) to be located on Tract E, Chiniak Alaska Subdivision. BOB SCHOLZE indicated 13 public hearing notices were mailed for this case and none were returned. He pointed out that there was a revised site plan dated April 18, 1997 which relocated the teacher residence from the first site plan submitted. Staff recommended approval of this similar use determination and also the conditional use permit. P & Z Minutes: April 30, 1997 Page 10 of 14 NtBOB SCHOLZE indicated 2 were returned by property owners t f 's request. Staff originally re Ass b Iywith_a recomme ic hearin: notices were mailed for this case 'n the proposed rezone area, oppo mg mmended--forwarding this request 6 the ion of approval, .t>ev,ezz considering e two o ed--several options. The &sib tion would be to requests, and forward the recommendation to j- Assembly seconkoption would be to withdraw those ots m the orward the recommendation with the balanc of e area, d the d be to deny the request. oppos ignore th as presente rezone area, third opj�f wo g re ests, sta se oppo th COMMISSIONER ELIG MOVED TO RE€ Borough Assembly r one Lot 8, Indust TI:Kt S-4A-1B, Tract 4A-1C, an withih U.S. Surveys 321 46 RB-RetaP% usiness, and March 27, 199 in suoport o Parl'Z'-subdi ots 1A-1 and and 3469 from I-- adopt the findings in s recommendatio hat the Kodiak Island on and Tract S-5A-1, Block 1 of Tract M dustna d B-Business IQ he staff memoiajidum dated FINDINGS M FACT 17.72 O.A. Findings as the Need an J A rezone of Lot 8, Industrial Park Su' Tract S-4A-1C, and Lots 1A-1 and / 321-84467 and 3469 from I--Ind neededdjustified because it co Plan and compatible with the decade. That tr.4e'fid has s ification for a Chan or Amendment. sionkand7 S-5A-1; Tract S-4A-1B, ock &Tract M within U.S. Surveys -Business\ RB-Retail Business is permitted in the RB-Re store/shopping center park/playground. commercial c The re permitte RB-Retail Busi periphery of re street. stent w'th the Lakesi e/Safeway Subarea s evolving • evelopment trhd over the past the establishmen of nearby uss.ecifically Business zoning distiict such as a retail ocery ants service station, rail and service stores, and a ave helped tozealize the area potential as econdary e City of Kodiak. ne of thes ptjicip., parcels allows for existing and prop s which are listed as uses and are consistent with the de pti and intent of the ss (KIBC 17.25.010). The re •ne area located on the iden ial areas and near the in e .ection of arteria collector 17.72,02 Findings as to theErfecta Change or Amendment uld h ve • 'h- Sb e -so t n A change in zonin om I-Industrial and B-Businessgo RB-Retail Busin s will have the effect permitting development that is speci?ial consistent wi the P & Z Minutes: April 30, 1997 Page 9 of 14 4 COMMISSIONER BELL MOVED TO FIND that a teacher residence in support of a public school is similar in character and impact to a conditionally permitted dormitory in the PL-Public Use Lands zoning district, on Tract E, Chiniak Alaska Subdivision, and to adopt the finding contained in the staff report dated March 25, 1997 as "Finding of Fact" for this case. FINDING OF FACT: Residential uses on public lands have historically been permitted in the Borough, in several cases directly related and accessory to a permitted institutional educational use. The character and impact ,on surrounding property and uses of a mobile to provide housing for a teaching couple staffing the Chiniak School would be far less than that of a facility housing a larger number of students and/or staff, as has been previously permitted in conjunction with educational facilities. A mobile home has served as a residence for teachers on this site for thirteen years without problems or complaints. In a semi-rernote location such as this, teachers living at or near the school maximizes both the efficiency and effectiveness of the educational function since the teaching couple serves multiple roles at the school. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Betty Odell, Chiniak resident, called in to express her opposition to the teacher housing situation. She was concerned that the whole procedure was handled improperly, and that no input was solicited from the residents of Chiniak. She felt that the Assembly was told that the community supported this housing, and that was incorrect. In fact, the Chiniak community had recently met to discuss an addition to the school, which would extend back from the side of the school where the new housing unit was planned to be located. She stated that Chiniak was the only community in which teacher housing was provided and didn't feel it reflected well on them. She encouraged the Commission and staff to ensure that proper set-backs were met, as well as building separation requirements, and that all appropriate permits were obtained. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. P & Z Minutes: April 30, 1997 Page 11 of 14 COMMISSIONER BELL MOVED TO GRANT a request for a conditional use permit in accordanCe with Section 17.67.050 of the Borough Code, to permit a teacher residence supporting a public school, to be located on Tract E, Chiniak Alaska Subdivision, and to adopt the findings contained in the staff report dated March 25, 1997 as "Findings of Fact" for this case. FINDINGS OF FACT 17.67.05 A. That the conditional use will preserve the value. spirit, character and integrity of the surrounding area. This mobile home serving as a teacherage is designed specifically to provide housing for the teaching staff, traditionally consisting of a married couple, at the Chiniak School. As such, it is an accessory use that has been determined to be similar to a conditionally permitted dormitory use directly supporting the educational purpose of the school, as prescribed by the description and intent of the PL-Public Use Lands zoning district (ICIBC 17.33.020). This preserves the value, spirit, character and integrity of the surrounding area which consists of other public use lands, the Chiniak Tsunami Shelter, the Chiniak Library, and other school facilities. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, it appears that the conditional use permit will fulfill the requirements of Chapters 17.67 (Conditional Use Permits). The impact of this proposed conditional use can be mitigated, if deemed necessary, by application of controls and safeguards to assure compatibility. However, given the large size of the tract and the remoteness of the site, the proposed conditional use, accessory to the educational purposes of the Chiniak School, supports the general function and enhances the overall success of the school with minimal impacts to the surrounding area. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health. safety. convenience and comfort. The granting of the conditional use permit will not be harmful to the public health, safety, convenience and comfort. There are no existing commercial uses nearby that will be in conflict, and the teacherage will be compatible with both the function of the school and residences on adjacent properties. P & Z Minutes: April 30, 1997 Page 12 of 14 •■• 17.67.05 D. That sufficient setbacks lot area. buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of thin section. This is a semi-remote area with very low density residential (RR2) nearby. Maximum retention ,of natural vegetation, in combination with the site's topography and the relative remoteness serve to adequately control any negative offsite impacts. The mobile home will comply with the setback requirements for all yards in the PL zoning district, which is twenty-five (25) feet. This provides sufficient space and separation between uses. 17.67.05 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 whigh will maximize public benefits. In its function as a teacherage providing housing for the Chiniak teachers, the mobile home is not only similar in nature, if not size, to a dormitory, but also enhances the educational function of the school maximizing the benefit to the public. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of items A through B of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated April 3, 1997 to Alan Phipps, DGC, from Linda Freed, RE: Coastal Review on proposed running line in Swikshak Lagoon on the Katmai Coast B) Letter dated March 14, 1997 to David Nesheim from Donna Smith, RE: Appeal of Case 96-021, denial of a CUP for a log transfer facility at Myrtle Creek. There were no further communications. P & Z Minutes: April 30, 1997 Page 13 of 14 X. REPORTS Staff reported on upcoming meetings. COMMISSIONER BELL MOVED TO ACKNOWLEDGE RECEIPT of reports. The motion was seconded and CARRIED by unanimous voice vote. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMISHSSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 9:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jerrol Friend, Chair ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: June 18, 1997 P & Z Minutes: April 30, 1997 Page 14 of 14