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ELDERBERRY HGTS 1ST BK 2 LT 10 - RezoneDATE RECEIVED MEETING DATE APPLICATION CASE CHECK LIST LETTER FROM APPLICANT IF NEEDED PUBLIC HEARING NOTICES SENT LETTER TO APPLICANT(TEL[lNG OF PUBLIC HEARING DATE) PLAT IF REQUIRED PLOT PLAN IF REQUIRED- DENIED APPROVED LETTER TO APPLICANT TELL WHETHER DENIED OR APPROVED TO BOROUGH ASSEMBLY (IF REQUIRED) ACTION TAKEN BY P & COMMISSION � • ACTION TAKEN BY THE BOROUGH ASSEMBLY RESOLUTION NO. (P & 2) RESOLUTION NO. (BOROUGH ASSEMBLY) ORDINANCE NO. (BOROUGH ASSEMBLY) KODIAK ISLAND BOROUGH ORDINANCE NO. 81-26-0 AN ORDINANCE REZONING ELDERBERRY HEIGHTS SUBDIVISION FIRST ADDITION, BLOCK 2, PLUS TRACT "H" OF USS 1396, AND THE REMAINING UNSUBDIVIDED PORTION OF USS 1396, SOUTH AND EAST OF SELIEF LANE, IN SECTIONS 28 AND 29, T27S, R19W OF SEWARD MERIDIAN, FROM RR RURAL RESIDENTIAL TO R-2 TWO FAMILY RESIDENTIAL. THE KODIAK ISLAND BOROUGH ASSEMBLY ORDAINS: !SECTION 1: That Elderberry Heights Subdivision First Addition, block 2, plus !Tract "H" of USS 1396 and the remaining unsubdivided portion of USS 1396, south and east of Selief Lane, An Sections 28 and 29, T27S, R19W of Seward Meridian, tare hereby rezoned from RR rural residential to !R-2 two family residential. PASSED AND APPROVED THIS 2nd DAY OF July , 1981. KODIAK IS D BOROUGH ough ay 1„1:1 " r ' 1 • , , ) ATTEST: ? . *)N > t,) t ) Boogh C ))■ \\ ) I FIRST READING DATE: June 4, 198.1 !SECOND READING, PUBLIC HEARING, PASSAGE DATE: July 2, 1981 !EFFECTIVE DATE: July. 2, 1981 ;REQUESTED BY: Mr. Larry LeDoux and Len Grothe ,PREPARED BY: Planning and Community Development Department RECOMMENDATION: The Plannning and Zoning Commission recommends approval of this Ordinance. KODIAK ISLAND BOROUGH July 9, 1981 MEMORANDUM TO: Will Walton, Planning Director FROM: Phil C. Shealy, Borough Manager RE: Zoning Change from RR to R-2 - Elderberry Heights Please be advised that the Borough Assembly at their regular meeting on July 2, 1981 approved the Planning and Zoning recommendation for Case Z-81-009. Thank you for your attention to this matter. ia1"6 ", ' , ■ - `. ``'� '• -- -- - — •- - - -' '1 '7;7.� ^ • `��� '.�� • KIB ASSEMBLY MEETING - JULY 2, 1981 Section 17.30.000(18)(h) requires "That property adjacent to the proposed dwelling group will not be adversely affected." Adjacent � . property is owned by the Lutheran Church and the State of Alaska (Community College). Section 17'30.060(19)(i) requires "That such dwelling group not be located in an industrial districz". The area proposed for development is located in an R-2 District. Section 17.30.060(18)(j) requires "That the proposed group housing development will be consistent with the intent and purpose of this title to promise public health, safety and general welfare." Typical consideration for public health, safety and welfare are the availability of services, the amount of traffic generated, nuisance factors such as anticipated pet population, access to the rest of the community, natural or manmade hazards, etc. VII PUBLIC HEARINGS A. Ord. No. 81~26-0 Rezoning Elderberry Hgts. Subd. First Addition, Blk 2, Plus Tract "H" of USS 1390 And The Remaining Unsubdivided Portion of USS 1396. South And East of Selief Lane, In Section 28 and 29, R19N Of Seward Meridian, From RR-Rural Residential to R-2 Two Family (LeDoux & Grothe) Mr. Murray moved to adopt Ordinance No. 81-26-0, Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: Larry LeDoux:(owner of Lot 2, Blk. 2 on Mozart Circle) I support the change. ` Public Hearing closed: Regular Session opened: Notion carried by unanimous roll call vote. B. Ord. No. 8I-27-0 Amending Title 15 Of The 0B Code Pertaining To The Uniform Building Code (locally manufactured lumber) Mr. Anderson moved to adopt Ordinance No. 81-27-0. Seconded by Mr. Wakefield. Mr. Peotter moved to substitute Ordinance No. 81-27-0(A) for Ordinance No. 0-27'0. Seconded by Mr. Murray. Regular Session closed: Public Hearing opened: Bill Williams: I would like to see under Section 1. A. changed to read one- and two-story dwellings and one- and two-story accessory buildings. Bill Beaty:(Kodiak Area Contractors Assoc.) I would like to see this tabled to see if we are really complying with the UBC. Walt Ebell:(Represents Timberline) This ordinance would allow to continue something that has gone on in the Borough for a number of years. The building process is what you have to look at. It is not the manufacturer's Job to ascertain hdw they are going to use it. The necessity of having this ordinance is to provide that ungraded rough-cut spruce can be used by individuals as set forth in the ordinance. Whether the lumber is graded or ungraded does not mean that it will be used properly or improperly. Public Hearing closed: Regular Session opened: KODIAK ISLAND BOROUGH MEMORAM.D UM - DATE: May 26, 1981 TO: Mayor and•Borough ASsembly‘f/aelaAikeo SUBJ: Staff Report RE: Case Z-81-009. Planning -and Zoning Commission initiation -of a zoning change from RR rural residential to R-2 two family residential on an area described as.Elderberry Heights Subdivision First Addition, block 2,'plus Tract • "H" of USS 1396 and the remaining unsubdivided portion' of.USS 1396, south and.east of Selief Lane, in sections 28 and 29, T27S, R19W of Seward:Meridan. Please be advised . that the.Planning and Zoning Commission, at its • May 20, 1981, regular meeting, following a properly advertised and conducted public hearing, recommended approval of the zoning change referenced above. Ordinance-number 81-26-0, a,staff report and related "back up", materials are enclosed for 'our information and use. . -" KODIAK ISLAND BOROUGH PLANNING eNn ZONING COMMISSION MINUTES MAY 20, 1981, regular meeting .( Page 5 PUBLIC HEARING ON CASE -Z =81 -009: -A- request to-rezone- Elderberry Heights First Addition, block 2, and the unsubdivided portion of USS 1396 south and east of Selief Lane in sections 28- and- 29, T27S, R19W, SM from rural residential- to. R -2. (P & Z Commission) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Planning Department. Staff recommends approval of the zoning change. Zero lot line concept Mr. Walton read another staff report on this subject. My only worry is that the term variance was used and that the motion did not state that your approval dealt with the Zero Lot Line concept, and I think that you should add that somehow to protect the owners of the property if you'still agree with the zero lot line concept. Mrs. Crowe the problem I have with that is that it has not been advertised for. We would in essence be granting an exception that we did not hold a public hearing on. How do you feel Ron? Mr.'Ball all we are doing is stating what the commission thought at that time, They did not realize when they granted that a variance would expire in six (6) months, they are inconsistent with each other. Discussion on special. exception. ' Mr. Ball we are not changing anything that the Commission thought at that time did we are just clearing up an item that could cause us problems years from now. Mr. Walton we would have problems if a person came in for a building permit now, we would go back to the case file and look up the minutes and say that two varia_ ,nces were granted and they have never been used and the exception allows 10 town- houses if a person proposed something else as a zero lot line would not go through. Mrs. Crowe asked Mr. Rick Garnett if the Commission has the freedom without an additional public hearing to add something like this into a motion. Mr. Garnett asked for the question to be restated. Mr. Walton read the question again. - Mr. Garnett you are taking about clarifying a motion that was made in the past. It would just be a technical clarification of what was assumed at that time. Discussion between the Commission and the.Borough Attorney. Mr. Hill isn't this going to be a new action if we delete the variance (the word) Mr. Walton it has already been deleted by no action Mr. Hill I know that, but I am saying,if we take action on this because if we • redo this the way you stated we are deleting the word variance and we are creating a new action. Mrs. Crowe it was just a question I had because I do not want it to appear as though we are taking a different action than what we advertised for. Mr. Ball Mr. Garnett could we make a statement like this where the word variance was used in May 17, 1978 meeting we believe exception should have been used. Mr. Garnett yes, you can do that, what you would be saying is that exception was intended. Mr. Ball that is right. Mr. Garnett I think you can do that in a clarified situation if, however, there is some body out there who has a big stake in reading it some other way, then it is not at all clear that what you do tonight would be ironclad protection. But it may help. Mrs. Crowe closed the regular meeting and opened the public hearing. Larry LeDoux support the rezoning, would like to put in an efficiency apartment in there. KODIAK ISLAND BOROUGH PLANNNINC., -,—' ZONING COMMISSION MINUTES MAY 20, 1981, regular meeting Page 6 ;Harry Brighton who is blasting over there? Do they have a- permit? Not opposed to zoning change. Mr. Ball Len Grothe is preparing a Church site. Mr. Crowe he does have permits. Mrs. Crowe Closed the public hearing and reopendd the regular meeting. ;Mrs. Crowe what do we want to do about the zero lot line problem? Discussion between the Planning Commission. Mr. Ball moved to clarify the intent of the Minutes of May 17, 1978, Planning and Zoning Commission, page 3 by placing the following in this evenings minutes: ' "Mr. Ball moved to grant an exception for duplex townhouses, using the zero lot line concept, for lots 1 -10, block 2, Elderberry Heights First Addition. Also the following four conditions to meet the exception: the intended use will pro- vide two advantages to the community, 1(a) reduction in cost to the buyer as a 'decided advantage, (b) it will not change the appearance, permitted density or characteristic of the neighborhood, 2. no hardships would be created or adverse .effects be imposed upon the surrounding area, 3. we find no deterimental or pre - judicial impacts will result from granting this exception, and 4. granting this ,exception will not be inconsistant with the comprehensive plan as the densities allowed will not change." Seconded by Mrs. Walser. Motion PASSED by unanimous ;roll call vote. Mr. Ramaglia moved to recommend approval of a zoning change from rr -rural resident- ;jai to R -2 two family residential on an area described as Elderberry Heights - : Subdivision First Addition, block 2, and the unsubdivided portion of USS 1396 south and east of Selief Lane in Sections 28 and 29, T27S, R19W, Seward Meridian. Second--; ed by Mrs. Walser.. Motion PASSED by unanimous roll call vote. 7. PUBLIC HEARING• ON CASE.Z -81 -010. -A-request-for—an exception from Sections 17.30. 040, 17.30.060(8) and 17.30.060(18) to permit Kodiak Island Housing Authority to build 48 units on Tracts B and E, Kadiak Alaska Subdivision. (Tom Azumbrado) `te.. STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared.;;,,_ ",,;;., by the Planning department. Mr. Walton mentioned several handouts and read an 4 .addendum on annexation_ Mrs. Crowe how many notices were sent out? - -- Mr. Walton 37 notices sent out Discussion between Commissioner's, Mrs. Crowe closed the regular meeting and opened the public hearing for those in favor. - i.e. ,.r^�" . T g Walt Ebell I am an attorney and I represent Kodiak Island Housing Authority. Would u-" s---:- ,-�-, -- like to address the project itself, the exceptions have been outlined by the staff "'"4" y report but I would like to give you our interpretation of the request so that there 0 e � 7 . Sy is no confusion in the record. The project falls within three exceptions within r` �s =°W_ the code and the request is directed towards these exceptions in the alternatives r — , Approval of one of the exceptions will allow the project to be built. Plans be -_ incorporated into the record as they were presented, now as it has been pointed out there is a question about parking and the plans would be amended to provide. for -� - .- the additional offstreet parking as the staff deems necessary, also we would add ,j an additional tot lot and there would be no problem in adding additional play- ground area. The plan call for 48 units the property is zoned R -2 and 48 units could be constructed on the property the exception is necessary for the clustering of these units. Clustering is essential. Does not increase density (overall) or contravene the plan or the zoning tittle. Mr. Briggs you made the statement that it would be cheaper to maintain your complex;: buildings as it would be for a duplex? Are you referring to yard maintenance or are you referring to the actual building maintenance? Mr. Ebell we are referring to building maintenance and overall operational costs and also costs by the tentant. Clustering would limit costs. II KODIAK ISLAND BOROUGH MEMORANDUM IC-N#6 DATE: May 19, 1981 TO: Planning and Zoning Commission FROM: Community Development DepartmentCV;4(t(444474;k' SUBJ: Staff Report RE: Case Z-81-009. Elderberry area rezoning change; additional information. At its May 13, 1981, work session the Planning and Zoning Commission asked about the effect of the referenced rezoning on the "zero lot line concept" previously approved for Elder- berry Heights Subdivision, First Addition. Case S-78-035 subdivided the property involved and Case Z-78-044 requested an exception to permit ten duplex structures on ten lots. A copy of the staff report for the May 17, 1978, public hearing is attached. The staff report is in error where it suggests that two variances are needed in addition to the exception. Variances must be used within six months or they are "..-.-automatically voided." (Section 17.66.170, page 131-132.) The Planning and Zoning Commissjop May 17, 1978 minutes read in part "...Mr. Ball moved to grant a special excpetion for duplex townhouses in an unsubdivided portion of USS 1396, known as Elder- berry Heights and grant a variance from required section 16.20.050 and 17.12.030 of the Kodiak Island Borough Code of Ordinances..." Staff recommends that your minutes for this evenings meeting con- tain a statement which reads, as follows: The minutes of the May 17, 1978, Planning and Zoning Commission meeting, page 3, Case Z-78-044, are.corrected to read "Mr. Ball moved to grant an exception for duplex townhouses, using the zero lot line concept, for lots 1-10, block 2, Elderberry Heights First Addition. Also the following four conditions to meet the exception: The intended use will provide two advantages to the community, 1. (a) reduction in cost to the buyer as a decided advantage, (b) it will not change the appearance, permitted density or character- istic of the neighborhood, 2. no hardships would be created or adverse effects be imposed upon the surrounding area, 3. we find no deterimental or prejudicial impacts will result from granting this exception, 4. granting this exception will not be inconsistant with - 4 , Memorandum, it-- #6 page 2 May 19, 1981 he comprehensive plan as the densities allowed will not change. Mr. Pugh seconded the motion. Motion PASSED with unanimous roll call vote. P & Z con4nued Page 2 5/7/7E The Chairman opened the Public Hearing. No one appeared to testify. Following some discussion, Mr. Pu:111 moved to approve the subdivision of Lot 6 A, Block 1, Miller Point AK Subdivision with the stipulations outlined by the Staff. Mr. Perez seconded the motion. notion carried 5-1 with Mr. Anderson casting NO vote. 4. Subdivision of Lot 4, Block 3, Miller Point Ak Subdivision; 4.02 acres, 3 lots, (Dave Lorring & Ray Tufts). Mr. Mulitalo stated that Staff recommends preliminary approval with the following stipulations: 1) the distance between the main dwelling and accessory building be indicated; 2) the square footage of unidentified lot be indicated and 3) unidentified lot be identified. The Chairmari opened the Public Hearing. ro one appeared to testify. Mr. Pugh moved to grant approval of Subdivision of Lot 4, Block 3,• Millet Point with, the stipulations as outlined by the Staff. Mr. Perez seconded the motion.. Motion passed with unanimous roll call vote. , 5. Vacation of Lots 14 & 15, Block 2 and eplat to Lots 14 A. 14 B, 14 C, 14 D, and 14 E, Block 2, Monashka Bay Subdivision. 5.16 acres, 5 lots (D. Erdman). Mr. Mulitalo stated that the configuration of the property is net practical. Staff recommends denial of the subdivision. The Chairman opened the Public Hearing. MR. DAVE HERRNSTEEN, Lives on Lot 13. Mr. Herrnsteen indicates there is more water on Lot 14 than indicated. MR. RON CHASE, indicates that he has water rights. The Chairman closed the Public Hearing and reopened the regular meeting.' Mr. Pugh moved to.deny preliminary approval of Vacation of Lots 14 & 15, Block 2 and replat to Lots 14 A, 14'-B, 14 C, 14 D and 14 E, Block 2 Mon- ashka Bay A. Subdivision, 5 lots, D. Erdman due to: 1) No approval from D.E.C.; 2) no safeguards to protect water supply of adjacent properties; 3) some proposed lots are largely water; and 4) Lot 14 may not be developable. Mr. Erwin seconded the motion'. Motion passed with unanimous roll call vote. 4 44' a1n.. P44-1*Z*,.4.00. .ete V: V Subdivision of an unsubdivided portion of USS 1396 Elderberry Heights SubdiVision 7.301 acres, 23 lots (Lenhart Grothe) In the analysis, Mr. Milligan stated that the marshy dreas-serve to hold water for release during dry periods into Beaver Lake which in turn feeds into Dark and Island Lakes. Disturbance of this sensitive area through fill activities and building development could cause siltation of these lakes and also affect the future water level of Beaver Lake. Mr. Milligan also stated that the property is located downstream from the lower reservoir and appears to be located within the flood plain described in the U.S.Army Corps of Engineer's Special Flood Hazard Report for Lake Bttinger. The City Engineer advises that the sewer line which-bisects.this property has not been accepted-by the City for operation and maintenance, however it should be accepted prior to any building development within this proposed. subdivision. The Chairman closed the regular meeting and opened the Public Hearing. MR. BRUCE MASSEY: Mr. Massey stated that he plans to construct zero lot line duplexes, i.e.,where an individual owns half of the building and they . also own half of the lot the building sits on. MR. LENHART GROTHE: Mr. Grothe stated that the lot ranges in size from 13,000 up to 25,000 sq. ft. - MR. IVAN WIDOM: City Manager that as,development increases and pressure is placed on the City to take over utilities and services, it creates an undue . burden on the City. ti - MR. LENHART GROTHE: Mr. Grothe stated that the dedication of the road, as shown on the map will be done when the sewer and water line and underground utilities are in nd completed. Mr. Anderson moved to grant conceptual approval on Block 1 & 2 as platted a with stipulations that the sewer and water be approved by the City before , •• any occupancy of the buiIdings. Also that Block 1 be restricted to single family dwellings because of the water course in the small lakes. That the . road- Seleif Street be built to Borough or City Standards and be dedicated . prior to any occupancy. Mr. Perez seconded the motion. Mr. Widom stated that the City would like to have the land dedicated with the approval of 2 & Z, to the City of Kodiak. • ckj4:75. • 1 - • • • . • • P & Z continued 5/r7/7Y7 Page 3 Mr. Anderson amendedthemotion to read as follows To dedicated street from Alderwood Subdivision to the end of ';loc 1-E, 2 including the cul de sac, with inspection rights to the City to inspect the-Road, sewer and water lines. Mr. Anderson's main motion should reflect to City standards instead of Borough or City standards''. .Mr. iertz approVed amenthrent. Motion passed with unanimous roll call vote. ' B. ZONING 1 Special Exception for duplex townhouses in an unsubdivided portion of USS 1396, Elderberry Heights (portion) 2.083 acres, 10 lots, (L, Grothe). Mr. Milligan stated that duplex town houses or zero lot line development is a new concept. Under this concept the individual owns half of'the • dwelling unit and half of the lot the building sits on. It does notf change the 1 . character.in terms of uses allowed in zoning district. Also it does not allow a greater density. The Chairman closed the regular meeting and opened the Public Hearing. MR. FRUCE MASS= Unlike a condominium, there is no home owners agreement. Each unit has a strong conveyance and is enforceable by the neighbor. All utilities will be underground an each unit. MR. MIKE SHOCKLEY: Local housing contractor stated that the main problem in Kodiak in building and development is land, sewer and Water. The Chairman closed the Public :leering and opened the regular meeting. Mr. Ball moved to grant a special-exception for duplex townhouses in an unsubdivided portion of USS 1395, known as Elderberry Heights and grant a variance from required Section 16.20.050 and 17.12.030 of '.'.IB Code of Ordinances. Also the following 4 conditions.to meet the variance: The intended use will provide two advantages to the community, 1. (N)Reduction in cost to the buyer as a decided advantage, (3) It will not change the ' appearance, permitted density or characteristic of the-neighborhood. -2. No hardships would be created or adverse effects be imposed upon the surrounding-area. 3. -Me find no detrimental or prejudicial impacts uill result from granting this variance. 4. Granting this variance will not be inconsistent with the Comprehensive Plan as the densities allowed will not change. Mr. ?ugh seconded the motion. Motion passed, with unanimous roll call vote. • Variance to permit more than one principal dwelling structure in an (multiple family) zoning use district, Lot 1, Block 1, Killarney Hills Subdivision, 4 structures, 2.48 acres (Forest Investment) --Mr. Milligan stated that the applicant has adequately met the variance requirements as set forth in Section 17.66.090 (b) of the KIB Zoning Ordiance. The Chairman closed the regular meeting and-opened the Public Hearing. FOR M2. GENE KIZER . Architect for the development, stated that the project meets the criteria set up by Farmers Nome Administration. Mr. ..Kizer.also stated that when the project is completed it Will add up to in excess of ' $2,000,000 to the tax base. Even though it is financed by FHA it is still a tax paying project.. AGAINST MRS. HENRY MEUNIER. Owns property in Killarney Hills and questioned the adequacy of water and sewer lines to service this development and 3 schools. Mrs. Meunier also stated that at the time of purchase property owners in , in Killarney Hills Subdivision received a copy of a covenant from the Archdiocese in Anchorage. HE. TOM CURLY. Mr. Curly lives on Lot 2 and is concerned with the following: parking, traffic flow, taxes and low income housing. FATHER BATES. Present pastor of St. Mary's and was not aware of the cov- enant. H.. HENRY MEUNIER. Feels the Church was trying to enforce the covenant. • KODIAK ISLAND BOROUGH MEMORANDUM fl TO: P & Z Commission FROM: Planning Department SUBJECT: Request for zoning special exception RE: Lots 1 through 10 proposed Block 2, Elder Berry Subdivision (Lenhart Grothe) /7, /97E' REQUEST The applicant is requesting a zoning special exception to permit the construction of ten (10) duplex structures on ten (10) lots within the referenced proposed subdivision. The unique aspect of this request is that following construction of the foundation for each of the proposed duplexes. The applicant further proposes to subdivide each of the lots equally through the center of the bgildings. Thus, creating what is commonly preferred to in other parts of Alaskaand the nation as duplex town houses. SITE A. basic description of the site has been presented in Case S-78-035. A major concern associated with this site and the proposed subdivision is it's geographic location in the community. It is located to the east of the Alderwood Townhouses project and requires all traffice entering or leaving the project to go through the Aleutian Homes Subdivision; whether via Larch Street, Baranof Heights, Birch Street or North Boulevard, etc. HISTORY Historically, duplexes were structures or small apartment buildings where the owner lived in one unit-. and rented the other.. They soon became low cost apartments where a non-resident owner could invest a moderate cost in an income producing structure. Page 2 Some years ago when housing costs started to rise and land ownership concepts started to change, the duplex condominium concept emerged. That is two individuals bought the buildings, each owned his own dwelling unit, and they each enjoyedan equal but undivided interest in the lot and land. More recently a new concept has emerged, that of the duplex town house or zero lot line development. Under this concept an individual not only owns his or her half of the building (dwelling unit), they also own the half of the lot the building sits upon. With ever spiralling land development and building construction costs. This concept allows a larger segment of the population the privileges and responsibilities of home ownership. Through this concept, in the two family zoning use district, individual dwelling unit land costs are cut by 50 % and through common wall construction techniques some building cost savings are gained. Not every one is interested in this style of living,-but to many persons the reduction in land cost is the difference between ownership and renting. This concept has proven desirable in every community where it has been applied. It seems to work best in small areas as part of a mixed use residential plan unit development and can work very effectively on isolated lots within a duplex zoning use district. ANALYSIS Staff finds there are several advantages to the development concept proposed in this application. It will provide a means of making privately owner occupied housing available to a segment of the community who might otherwise not be able to enjoy the privileges and responsibilities of property ownership. It does not alter or change the character or appearance of the area in terms of uses allowed in the zoning district. It does not allow a greater density than that otherwise allowed in the district. Approval of this application merely allows a different method of property ownership. Page..3 Approval of this land development concept will require a variance from the requirements of Section 16.20.050 (c) of the subdivision regulations which states, " (c) No lot shall have an area or width less than that required by the zoning title", and Section 17.12.030 of the zoning ordinance (unclassified zoning use district) requires, " (c) If water service and sanitary sewer service are available on request from a certified public utility or municipal system, the minimum lot area is seven thousand two hundred (7,200) square feet and the minimum lot width is sixty (60) feet." SUMMARY It appears that this request incorporates a concept of providing private home and land ownership at a somewhat reduced cost without increasing the zoning use district permitted densities. RECOMMENDATIONS The following options are presented_for your consideration: 1. You can deny the request. 2. You can approve the request. 3. You can attach such conditionsto your approval as you find necessary and appropriate. 4. If you approve the request you should also grant a variance from the requirements of Section 16.20.050 (c) and 17.12.030 (c) of the Borough Code of Ordinances. 5. You may wish to consider just the two variances and not review this as a zoning exception. P.O. Box 65E39 Anchorage, Alaska 99502 In Kodiak: General Delivery Kodiak, Alaska 99615 ELDER BERRY HEIGHTS DUPLEX TOWNHOUSE PROJECT 1. Narrative Documentation a. Legal Description: ' Elder Berry Heights Subdivision, U. S. Survey 1396, Block 2, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. PHONE 274-3712 486-5090 b. Statement of Objectives: Massey North Inc. proposes to construct and sell ten (10) duplex townhouses consisting of twenty (20) single family dwelling units. The project is unique in relation to most townhouses in that the setbacks, side yards and density meets or exceeds normal duplex, (R-2), requirements with •the exception of the "zero lot line" defining the separation and ownership of each duplex building and land parcel into two independent units.. The concept allows a considerable reduction in housing costs to the homeowner in both purchase price and required "move in" costs by reducing the cost of land to building ratio, public utility costs and other associated excavation, footing and mobilization expenses. c. Description of Project: Massey North Inc.'s duplex townhouse project will consist of twenty (20) three (3) bedroom ranch style homes (TO duplex buildings) between 900-and 960 square feet per unit. The duplexes will be built on ten (10) separate lots utilizing 2.6 acres of property overlooking a portion of Beaver Lake. The area of the smallest lot (7,885 square feet) exceeds the minimum square footage required for duplex construction by 685 feet. Two of the lots are over 10,000 square feet and the average lot area exceeds 9,000 square feet. The only major difference from normal duplex development consists of a "zero lot line" separating the individual units delineating the total building and lot into two (2) privately owned properties. Building coverage..is less than 17.5% of the available land. Page 2 Narrative Documentation (continued) Each living unit will provide two (2)or more off street parking areas, and will meet or exceed alt local, State and federal building codes... The entire project is located within its own culdesac to provide maximum privacy to the surrounding neighborhood and to reduce traffic flow to the resident owners and guests. All natural vegetation and trees will, be preserved to the maximum extent possible, allowing the project to blend in with the natural beauty of the area. d. The project will be served with city water, sewer-and street maintenance and-lies within 100 linear feet of existing 'telephone and electrical service. 6. Elder Berry Heights duplex townhouses will sell for approximately $65,000. per unit with zero down payment for qualified buyers. The project will also add 1.3 million dollars to Kodiak's'tax base. KODIAK ISLAND BOROUGH MEMORANDUM DATE: May 12, 1981 TO: Planning and Zoning Commission FROM: Community Development Department defea- SUBJ: Staff Report RE: Case Z-81-009. Planning and Zoning Commission initiation of a zoning change from RR-rural residential to R-2 two family residential on an area described as Elderberry Heights Subdivision First Addition, block 2, and the unsubdivided portion of USS 1396 south and east of Selief Lane in Sections 28 and 29, T27S, R1914, Seward Meridian. HISTORY Larry LeDoux approached the Commission at its April 8, 1981, work session about the possibility of rezoning his lot on Mozart Circle to R-2 two family residential for the purpose of permitting him, in the future, to use a .portion of his home as an efficiency apartment. It was suggested by staff that the Commission consider initiating a zoning change for some of the surrounding area in order to avoid "spot zoning" problems. At its April 15, 1981, regular meeting the Commission set a public hearing date of May 20, 1981, on the proposed rezoning. LAND USE The 1962 Comprehensive Plan recommends "residential with 7,200 square foot lots, public sewer and water - two family". The 1968 Comprehensive Plan recommends medium density residential land uses for the area involved. Page 42 of the plan describes medium density residential as R-1 or R-2 zoning with common build- ing types being "single family residential and duplexes on lots over 7,200 square feet in area". The proposed 1978 Comprehensive Plan lists the area involved as one with a "high development priority" and suggests medium density residential land uses. Existing zoning is shown on the attached map which was also presented at your April 15th regular meeting. Adjacent zoning "grades" itself from business along Mill Bay Road to R-2 in the Larch Street area to R-3 and to RR for the area under consTderation. Memorandum, Czr-Z-81-009 Page 2 . F May 12, 1981 The change suggested would provide an R-2 "buffer" at Selief Lane for the large rural residential district which exists on the other side of Selief Lane. From a land use planning point of view the proposed change is most proper. Are we opening up any "cans of worms" by changing the zoning from rural residential to two family residential? The following comparisons of permitted uses may help: PERMITTED USES RR-RURAL RESIDENTIAL 1. Accessory buildings 2. Churches 3. Gardening 4. Farming 5. Fishing 6. Agriculture 7. Horticulture 8. Kennels 9. Home occupations 10. One or two family dwellings 11. Off street parking 12. --- 13 14. 15. 16. 17. 18. 19. R-2 TWO FAMILY RESIDENTIAL S,ame Same same same same same Hospitals Parks and playgrounds Truck gardening Flower gardening Greenhouses Clinics Professional offices Beauty shops. From the preceeding chart one can observe that farming, fishing, agriculture, horticulture, and kennels are not allowed in R-2 zoned areas while hospitals, parks and playgrounds, truck garden- ing, flower gardening, greenhouses, clinks, professional offices, and beauty shops are additional permitted uses. Depending of course, on one's point of view, it appears that the "can of worms" remains unopened. Mr. Grothe was in the office recently and inquired about adding the area across Selief Lane, from Alderwood subdivision to Elderberry Heights, block 1, to this evenings consideration. Since the legal advertisement and notices for this public hearing did not describe the additional property it should not be considered. The text Zoning .Law and Practice, Volume 2 (1978), on page 168, states... "We must remember that in amending a zoning ordinance the statute must be literally complied with, a failure to do so being fatal to validity." Alaska Statutes, Section 29.33.080(C) states..."The Commission shall publish notice of and hold at least one hearing before submitting its recommendations...to the assembly." For the additional property no notice has been published or a hearing scheduled. Memoraddum, pai0 Case Z-81-009 May 12, 1981 • RECOMMENDATION Staff recommends approval of a zoning change from RR-rural residential to R-2 two family residential on an area described as Elderberry Heights First Addition, block 2, Tract "H" of USS 1396 and the remaining unsubdivided portion of USS 1396 south and east of Selief Lane, in Sections 28 and 29, T27S, R191PI of Seward Meridian. KODIAK ISLAND BOROUGH PLANNING ONING COMMISSION MINUTES April 15, 1981, regular meeting��N� PAGE 11 ~�m~ Mr. Hill moved to table a request for renewal of a lease to Timberline, Inc. ADL 44355, 15 acre parcle. Seconded by Mr. Gudenau. Motion PASSED with a 5-1 vote, Mr. Ramaglia, Mrs. Walser, Mr. Hill, Mr. Ball and Mr. Gudenau voted YES and Mr. Briggs voted NO. VI. OLD BUSINESS A. ZONING - None B. SUBDIVISIONS ` ' 1. S-81-003. (final) subdivision of lot 1, block 5, Bells Flats Alaska Subdivision,,,,, USS 2539, into four lots: lots 1A, 18. 1C and ID, block 5, Bells Flats Alaska Subdivision, USS 2539. (Douglas Hall) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared' _'~•--�,` by the Engineering Department. Hr. Hill moved to grant final approval to the subdivision of lot I, block 5' Bells Flats Alaska Subdivision, UO3 2539, into four lots: lots 1A, 1B, 1C and lD, block 5, Bells Flats Alaska Subdivision, USS 2539. Seconded by Mrs. Walser. Motion PASSED by unanimous roll call vote. 2. S-81-000. (final) vacation of lots lOA, 158' and 16C, USS 3098 and replat to lots 16A+1, 16B-1 and 16C-1, USS 3098. (Bill Burke) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Engineering Department. - Mr. Hill moved to grant final approval to the vacation of lots 16A, 108 and 10C, USS 3098 and replat to lots 16A-1, 168-I and 16C-1` USS 3098. Seconded by Mr. Ramaglia. Motion PASSED by unanimous roll call vote. C. OTHER - None VII. NEW BUSINESS A. ZONING - None 8. SUBDIVISIONS - None C. OTHER - None VIII. INFORMATION AND REPORTS A. Communications 1. Work session schedule (revised) - no action needed 2. Planning and Zoning Commission work program 1980'1981 - no action needed. B. Reports 1. Chairman's Report - none 2. Committee Report - none 3. Staff Report a. Borough Manager - none b. City Manager - none c. Planning rtment - Walton, reminder that the Borough Assembly work session is scheduled for i} 25, 1981 At your last work session Mr. Larry LeDoux approached you about the possiblity of rezoning his lot on Mozart Circle from rural residential to R-2 for the purpose of putting in a basement apartment in his home sometime in the future. It was suggested that the Planning and Zoning Commission might be interested in initiating a zoning change for the surrounding , KODIAK ISLAND BOROUGH PLANNIN April 15, 1981, regular meetit PAGE 12 ZONING COMMISSION MINUTES •Mr. Walton pointed out the area in question. Mr. Gudenau this rural residential area has a "0 lot line concept ". Staff it was block one, not this area. Mr. Hill we may have to move this over to exclude the Church property. Discussion on zoning. Mr. Hill moved to initate the rezoning of Elderberry Heights Subdivision First Addition, block 2; and the unsubdivided portion of USS 1396 south and east of Selief Lane; in sections 28 and 29, T27S, R19W, SM, from rural residential to R -2 excluding the 6.735 acre Tract "H ", in USS 1396. Seconded by Mr. Gudenau. Motion PASSED by unanimous roll call vote. d. Engineering Department - none e. Other - none IX. COMMISSIONER'S COMMENTS Mr. Hill suggested study and evaluation of the Borough owned cove near the Three Sister's Mountains for possible use as a boat launching facility. Mr. Gudenau - nothing Mr. Briggs - nothing Mrs. Walser - nothing Mr. Ramaglia - told about the trip to Kenai courtesy of ARCO, got to visit an oil platform. X. AUDIENCE COMMENTS - none XI. ADJOURNMENT - Mr. Ball adjourned the meeting at 10:50 p.m. ATTEST: DATE APPROVED May 20, 1981 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION IN G.ohx-n Pl a%gg a Zoning Commission Chairman • KODIAK ISLAND, BOROUGH MEMORANDUM DATE: April 15, 1981 TO: Planning and Zoning Commission FROM: Planning and Community Development Department al-427a4-01;16" SUBJ: Staff Report RE: Planning and Zoning Commission initiation of a zoning change from rural residential to R-.2 on an area described as Elderberry Heights Subdivision First Addition, block 2; and the unsurveyed portion of USS 1396 south and east of Selief Lane; in Sections 28 and 29, T27S, R1914, SM Larry LeDoux approached the Commission at its April 8, 1981, work session about the possiblity of rezoning his lot on Mozart Circle to R-2 for the purpose of permitting an apartment in his home. It was suggested that the Planning and Zoning Commission might be interested in initiating a zoning change for the surrounding area. A map of the existing zoning in the Mozart Circle vicinity is attached for your information. The striped area is proposed for a zoning change from rural residential to R-2. RECOMMENDATION Staff recommends that a public hearing be conducted on May 20, 1981, by the Planning and Zoning Commission on the question of a zoning change from rural residential to R-2, on property described as Elderberry Heights Subdivision First Addition, Block 2; and the unsurveyed portion of USS 1396 south and east of Selief Lane, in Sections 28 and 29, T27S, R19W, SM. KO' IAK ISLAND liUltUOuti �� ^ / ' - —^. x� / ~. uo� ��«v FIRST CLASS MAIL NOTICE OF PUBLIC LX E A R K N G The Kodiak island Borough Planning and Zoning Commission has received a petition from KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION requesting to rezone Elderberry Heights First Addition, block 2 and the unsubdivided portion of U55 1396 south and east of 38lf8f Lane in sections 28 and 29, 5M from rural residential to R-2' The Kodiak Island Borough Planning and Zoning Commission ill hold'a Public Hearing on this matter at 7:30 p.m., Wednesday, May 20, 1981 in the Borough Kssend`ly Chambers, 700 Upper Mill Day Road, Kodiak. You are being notified because you aro either the property owner of the above-referenced lots, or an owner of property within 300 feet of the above-referenced property. This will be /h, only Public Hearing before the Planning and Zoning Commission on this petition, .x`d you are invited to appear and voice your opinion. If you cannot attend, you may :Admit ^ vzjLLeo opinion that can be read into the minutes of the Public Hearing. It you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. 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BOX 801 KODIAK _ AK 99615 R1423020050 OLSEN, DANIEL & HILDUR BOX 1743 KODIAK AK 99615 R1423020060 PETERSON,MARY P.O.BOX 753 KODIAK AK 99615 81423020070 BUCHANAN,•OMA.LEA GENERAL DELIVERY KODIAK AK 99615 , (. • ti R1423020080 FLEMING,WRAY /MCDONALD,M.M R.R.01, BOX 451 WAILUKU, MAUI, HI 96793 1 814230200901 ( GILL,HWASONG & JUNG NAM B • P.O. BOX 1126 KODIAK AK 99615 R1421010220 NATIONAL BANK OF ALASKA ATTENTION JAN SIEBERT BOX 600 ANCHORAGE _AK 99501 R1423020111 ZENER,RONALD & BARBARA P.O. BOX 746 KODIAK AK 99615 • -Jjy�v' icliibti 'Vim''._.. M •d C' c R1427020150 ((• SCHWAAB,WM & JEAN P.O. BOX 2812 KODIAK AK 99615 - (( (( R1427020160 ((' - CLENTIMACK,NORMAN R. P.O. BOX 2190 KODIAK OSBORNE,JANE B POUCH 0 KODIAK GUDENAU,KIRK C. P.O. BOX 2184 KODIAK AK 99615 R1427020170 (( AK 99615 (( R1427020180 (( .AK 99615 R1427030081 KENDALL,CLYDE R /MARYANNE P.O. BOX 3116 KODIAK, AK 99615 (( GROTHE,LENHART P.O. BOX 1504 KODIAK R1427030091 AK 9961.5 (( R1427030100 („ FARBER,WM. C. & ALICE G. P.O. BOX 1005 KODIAK AK 99615 ( �. BAKER,DON & KAY P.O. BOX 2194 KODIAK R1427030110 0) AK 99615 WISNER,HUGH R. P.O. BOX 2783 KODIAK AK 99615 R1423020112 ( SHANGIN,EDGAR J. MEYBURG,YOLANDA P.O. BOX 2738 'KODIAK AK 99615 R1423030010 R1423030020'( CHICKERING,LARRY & CATHIE P.O. BOX 2859 .' KODIAK AK 99615 R1423030030:( HOLZSHU,RICHARD H. &NANCY P.O. BOX 1202 USCGAS KODIAK AK 99619 )( ( R1423030040 C. ROUTZAHN,MILTON & GRACE P.O. BOX 438 KODIAK AK 99615 R142030050,(, HEIKES,JAMES B & JUDY P.O. BOX 2963 KODIAK AK 99615 .0 R1423030060 BAGLIN, RAYMOND E. &CAROL P.O. BOX 1036 KODIAK AK 99615 R1423030070 RAMAGLIA,JAMES & SUSAN D P.O. BOX 335 KODIAK AK 99615 ' - - _ • ■ e •- ■ HANSEN,MICHAEL R P.O. BOX 822 KODIAK MANTHEY,KEN R. P.O. BOX 141 KODIAK R1427030120 AK 99615 ( R/427030130 AK 99615 , • R1427030140 C GUY,WILLIAM A. & MARY C.0 P.O. BOX 2967 KODIAK AK 99615 -,-, 7_ • R1427030150 ( FISCHER,STANLEY & JEANNE P.O. BOX 2398 KODIAK AK 99615 R1423010040 C:=, KOD. 7TH DAY ADVENTIST P.O. 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P.0.B0X 2120 KODIAK R1422010007 AK 99615 R1422010008 AK 99615 ( ( • R1422010010 STOLTENBERG,ROG C&JUANITA BOX 2804 KODIAK AK 99615 �- 'R1080070060 OLSEN,DANIEL L. & HILDAR VETERAN'S AFFAIRS POUCH DA JUNEAU _ AK 99811 • R1080070070' SANTORO,LEWIS & ELIZABETH P.O. BOX 31 KODIAK AK 99615 R1080070080 BRIGHTON,HAROLD & JUD -ITH P.O. BOX 2649 - KODIAK AK 99615 KOZAK,WAYNE & P.O. BOX 357 KODIAK ( (. ( 81080070090' PATRICIA' J AK 99615 _ R1420070002, (• JONES,ROLLAND & HAZEL P.0.• BOX 375 KODIAK AK 99615 A_ R1420070003 PILKINGTON, WILLIAM /JO E. !. P.O. BOX 103 - _KODIAK AK 99615 (i ,r... - is • i`1: 7G ".t _ Y ,- A 'S C: „, v- ,ter cis mac... Ri421010310 ALDERWOOD TOWNHOUSES ASSO P.O. BOX 3034. - KODIAK AK 99615 R1421010240 LE.GRUE,RAY.G. &CAROLS L. LEGRUE,HENRY J. & ETA C. P.O. BOX 947 KODIAK . AK 99615 / • t f yu,JY'4A 75q, -13C' • - Ri421010260 BARNETT,,MONTE & CHERYL KODIAK AK 99615. • C Wit:: %r - r. C. cciirgagEgaitagiNgOil • R1090070100 WOLF, LARRY L.& ELIZABETH P.O. 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