ISLAND LAKE BK 1 LT 7 - RezoneBrent Arndt
P.O. Box 2069
Kodiak, Alaska 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615 -6340
PHONE (907) 486 -5736
August 19, 1993
RE: Case 93 -059. Request for a rezone, according to Section
17.72.030C (Manner of Initiation) of the Borough Code, of Lots 7 -1213,
Block 1, Island Lake Subdivision, from RP-Single-family Residential
to B-- Business. 646 Island lake Road and 3115 - 3189 Arctic Tern
Road.
Dear Mr. Arndt:
The Kodiak Island Borough Planning and Zoning Commission at their
meeting on August 18, 1993, denied the rezone request cited above.
Section 17,72.055 (Submission to assembly) of the Borough Code states:
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
decision:
1. Findings as to the Need and Justification for a Change or Amendment.
A rezone from RP-Single-family Residential to B-- Business is not
needed and not justified because the existing RP-Single-family
Residential zoning district permits development that:
A. is consistent with the type of development indicated for this area
in the comprehensive plan;
B. will not increase the nonconformity of existing nonconforming
lots;
Kodiak Island Borough
Brent Arndt
August 19, 1993
Page Two
C. will not create any nonconforming uses in the rezone area; and,
D. will not increase the potential traffic in the area.
2. Findings as to the Effect a Change or Amendment would have on the
Objectives of the Comprehensive Plan.
A change of zoning from R1-- Single - family Residential to B— Business on
Lots 7 - 12B, Block 1, Island Lake Subdivision, is not consistent with
the 1968 comprehensive plan. Before a zoning change to provide
additional commercial area near Island Lake is considered, the
surrounding Island Lake community should be consulted through a
planning process to determine the needs, and desires of the other
landowners. Only if it is the consensus of the landowners in the area
that expanding commercial zoning is desirable, as expressed through
the comprehensive planning process, should the Commission consider
changing the zoning of a long established residential area.
If you have any questions about the action of the Commission, please contact
the Community Development Department.
erely,
Duane 15vorak, Associate Planner
Community Development Department
cc: Donna Smith, Borough Clerk
Lorna -Lee Arndt
•
Mayor, RE: Joint City Council/Planning and Zoning
Commission meeting.
E) Letter dated August 17, 1993 to Tony Perez from Bob
Scholze, RE: Clean-up on Lot 1, Tona Subdivision.
DELETIONS
X REPORTS
A) Community Development Department Monthly Status
Report
COMMISSIONER FRIEND MOVED TO ACCEPT the agenda with the
changes reported by staff. The motion was seconded and CARRIED
by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER SZABO pointed out a correction that needed to be
made on page 13 of the July 21, 1993 minutes. The change was
noted by the secretary.
COMMISSIONER SZABO MOVED TO ACCEPT the minutes, as
corrected, of the July 21, 1993 Planning and Zoning Commission
regular meeting. The motion was seconded and CARRIED by
unanimous voice vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
There were no audience comments.
VI. PUBLIC HEARINGS
Case 93 -06.9. Request for a rezone, according to Section
17.72,030C (Manner of Initiation) of the Borough Code, of_Lots-
7-1-2B, Block -1, Island Lake Subdivlsioii' from R1- Single - family
Residential j B-- Business. 646 Island Lake Road and 3115 -
1 3189 Arctic Tem Road.
DUANE DVORAK indicated 35 public hearing notices were
mailed for this case and 2 were returned, 1 opposing and 1
stating non- obJectlon to this request. Staff recommended
denial of this request.
Regular Session Closed.
Public Hearing Opened:
Theresa Baker, nearby property owner, appeared before the
Commission and expressed opposition to this request.
Mike Sweeney, nearby property owner. appeared before the
Commission and expressed concern for the long term
implications of establishing businesses in this mostly
residential neighborhood. He stated that he wasn't necessarily
against business zoning, but that if it did occur, he would be
Minutes: August 18.199-2' Page 2 of 12
concerned that it be developed in an appropriate manner, in
relation to the neighboring homes.
Pam Laudert, nearby property owner, appeared before the
Commission and expressed opposition to this request.
Jim Brighenti, owner of Lot 9 in the proposed rezone area,
appeared before the Commission and expressed opposition to
this request.
Tom Emerson, owner of Lot 10 in the proposed rezone area,
appeared before the Commission and stated that he was
I originally in favor of rezoning to B -- Business because he builds
aluminum skiffs as a hobby in his garage. He wanted to make
; ; sure he could continue to do this without violating any zoning
codes. He . also stated that he enjoyed the neighborhood
characteristic of' the Island Lake Subdivision and did not
necessarily want to change that, and that perhaps R2 zoning
I might be more appropriate if rezoning were considered. He
stated that under the present home occupation code, he could
still pursue his skiff building as a hobby.
Kristin Stahl - Johnson, owner of Lot 12A in the proposed rezone
area, appeared before the Commission and expressed
opposition to this request.
Lorna Arndt, agent for the applicant, appeared before the
Commission and expressed support for this request. She felt
that B-- Business zoning was consistent with the rest of the
Island Lake area. however, if the Commission would not
I consider B-- Business zoning, they should at least consider R -2 --
Two Family Residential zoning.
Mike Sweeney appeared again and stated that he would be
more agreeable to a rezone to R2.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER SZABO MOVED TO FORWARD this request
' to the Borough Assembly, according to Section 17.72.030C, of
the Borough Code, recommending the rezone of Lots 7 -128,
Block 1, Island Lake Subdivision from R1. Single- family
Residential to B-- Business.
The motion was seconded and FAILED by unanimous roll call
vote.
j COMMISSIONER FRIEND MOVED TO ADOPT the findings
contained in staff report dated August 3, 1993 as "Findings of
' Fact" for this case.
FINDINGS OF FACT
1. Findings as to the Need and Justification for a Change or
Amendment.
vAir a M,.v....w ....w =.. , a ,WO
A rezone from R1 -- Single - family Residential to B --
Business is not needed and not justified because the
existing R1-- Single - family., Residential zoning district
permits development that:
A. is consistent with the type of development
indicated for this area in the comprehensive plan;
B. will not increase the nonconformity of existing
nonconforming lots;
C. will not create any nonconforming uses in the
rezone area; and,
D. will not increase the potential traffic in the area.
2. Findings as to the Effect a Change or Amendment would
have on the Objectives.of the Comor h nc a P lan.
A change of zoning from R1-- Single - family Residential to
B-- Business on Lots 7 - 12B, Block 1, Island Lake
Subdivision, is not consistent with the 1968
comprehensive plan. Before a zoning change to provide
additional commercial area near Island Lake is
considered, the surrounding Island Lake community
should be consulted through a planning process to
determine the needs, and desires of the other
landowners. Only if it is the consensus of the landowners
in the area that expanding commercial zoning is
desirable, as expressed through the comprehensive
planning process, should the Commission consider
changing the zoning of a long established residential
area.
The MOTION was seconded and CARRIED by unanimous roll
call vote.
B) Case S93 -020. Request for preliminary approval of the
creation of Tract C -1, U.S. Survey 2735, from a portion of Tract
C, U.S. Survey 2735 and a portion of Section 28, T29S, R20W,
Seward Meridian. 22261 Chiniak Highway.
DUANE DVORAK indicated 9 public hearing notices were
mailed for this case and none were returned. Staff
recommended granting preliminary approval of this request,
subject to only one condition, since the first suggested
condition of approval in the staff report had already been met.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
P & Z Minutes: August 18. 1991 Page ? of 12
Kodiak Island Borough
DATE:
TO:
FROM:
SUBJECT:
CASE:
APPLICANT:
AGENT:
REQUEST:
LOCATION:
ZONING:
Public Hearing Item VI -A
MEMORANDUM
August 3, 1993.
Planning and Zoning Commission
Community Development Departure
Information. for the August 18, 199 egular Meeting
93-059
Brent Arndt
Lorna -Lee Arndt
A rezone, according to Section 17.72.030C (Manner of
Initiation) of the Borough Code, of Lots 7 -12B, Block 1, Island
Lake Subdivision, from R1-- Single - family Residential to B --
Business.
646 Island Lake Road and 3115 - 3189 Arctic Tern Road
R1-- Single - family Residential
Thirty-five (35) public hearing notices were distributed on August 4, 1993.
Date of site visit:
1.
August 4, 1993
Zoning History The 1968 Comprehensive Plan identifies this area as
Residential Unclassified. This area was zoned RR --
Rural Residential by Ordinance 80 -9 -0. Rezoned
from RR- -Rural Residential to RR1- -Rural Residential
One by Ordinance 83 -15 -0. This portion of USS 3219
(Island Lake Subdivision), and portions of Miller Point
Subdivision First Addition and portions of USS 3218
were rezoned to R1- Single - family Residential and R2-
- Two - family Residential by Ordinance 83 -69 -0 (Case
83 -108). Rezone Case 83 -108 was initiated by the
Planning and Zoning Commission which anticipated
the installation of water and sewer utilities in this
area. A fence variance was granted to allow an eight
foot tall fence to screen portions of Lots 11 and 12B
(Case 83 -117). A request to rezone Lots 7 - 12B,
Block 1, from R1- Single - family Residential to R2 --
Case 93 -059 Page 1 of 11 P & Z: August 18, 1993
Public Hearing Item VI -A
Two- family Residential was denied by the
Commission and the Assembly in 1984 (Case 84 -001).
A variance was granted to allow an accessory
building to encroach one -half foot into the required
side setback on Lot 4, Block 1, Island Lake
Subdivision, in September 1984 (Case 84 -106).
2. Lot Sizes: Square Feet
Lot 7 7,879
Lot 8 6,765
Lot 9 7,708
Lot 10 9,493
Lot 11 11,274
Lot 12A 9,770
Lot 12B 6,696
3. Existing Land Use: Use
Lot 7
Lot 8
Lot9
Lot 10
Lot 11
Lot 12A
Lot 12B
4. Surrounding Land Use and Zoning:
Fifth Wheel Trailer
Outdoor Storage
Mobile Home Residential
Single- family Residential
Outdoor Storage
Single - family Residential
Single- family Residential
North: Portion of Lot 5, and Lot 6, Block 1, Island Lake
Subdivision.
Use: Single- family Residential and Mobile Home
Residential
Zoning: R1- Single - family Residential
South: Tracts 1A -1 and 1A-4, USS 3465
Use: Park and Playground
Zoning: PL- -Public Use Land
East: Lots 13 - 18, Block 2, Island Lake Subdivision
Use: Outdoor Storage and Vacant (Lots 13 and 14
have foundation of shop building)
Zoning: B-- Business
West: Island Lake
Case 93 -059 Page 2 of 11 P & Z: August 18. 1993
Public Hearing Item VI -A
5. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area
as Medium Density Residential.
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:
17.72.030 Manner of initiation. Changes in this title may be initiated in the
following manner:
A. The borough assembly upon its own motion;
B. The planning commission upon its own motion;
`C. By petition of one or more owners of property within an area proposed
to be rezoned. A petition shall be in the form of an application for a
change in the boundary of.a district, shall be filed in the community
development office, be accompanied by the required fee and such data
and information as may be necessary to assure the fullest practicable
presentation of facts and shall set forth reasons and justification for
proposing such change.
17.72.055 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.
Case 93-059 Page 3 of 11 P &Z: August 18, 1993
Public Hearing Item V1 -A
COASTAL MANAGEMENT APPLICABLE POLICIES
Business Development
1. Natural Features
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: Not applicable. This action does not involve
excavation or alteration of the shoreline, disturbance
of anadromous streams, tideflats or wetlands.
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: Not Applicable. This request does not involve land
development. When development occurs, regardless
of zoning district, it will be reviewed for consistency
with this enforceable policy.
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: Not applicable. This action does not involve any
dredging or filling 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,
Case 93 -059 Page 4 of 11 P & Z: August 18, 1993
Public Hearing Item VI -A
wildlife and vegetative resources and minimizes interruption of water
circulation patterns, coastal processes and navigation.
Consistent: Not applicable. This action does not involve
development in or over the water.
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.
Consistent: Not applicable /consistent. There are no major public
transportation routes contiguous with the rezone
area. The zoning code requires screening as a buffer
for any adjacent non - business properties.
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: Not applicable. This action does not involve
accessory development.
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: Not applicable. This action does not involve filling or
draining of water bodies, floodways, backshores or
natural wetlands.
COMMENTS
The purpose of this request is to investigate the possible rezone of seven lots
presently located in the' R1 -- Single -family Residential zoning district to B --
Case 93-059
Page 5 of 11 P & Z: August 18, 1993
Public Hearing Item VI-A
Business. This request is essentially an appeal of an administrative decision
regarding the use of Lots 7 and 8 for outdoor storage purposes in an RI--
Single-family Residential zoning district. The Borough enforcement officer
initiated enforcement action in late April and May of this year. Enforcement
action has been halted temporarily pending the outcome of this rezone
request as a way to make the use of land for outdoor storage consistent with
zoning requirements.
This area has had a long and interesting history of rezones and zoning
reviews. This history is summarized for the Commission in the following
paragraphs.
In 1969, Don Arndt requested the rezone of Lots 1 and 2, Block 1, Miller Point
Alaska Subdivision and Lots 9, 10, 11, and 12, Block 3, USS 3219 from
Unclassified to B-- Business (Case 218A). Mr. Arndt was sitting on the
Assembly at the time and voted on the fmal motion to adopt the rezone. A
review of the file indicates a number of discrepancies based on today's
procedural standards for zoning cases. It was noted in the record that the
rezone was not consistent with the comprehensive plan although it is not
clear what plan was being referred to. The 1968 Comprehensive Plan was not
officially adopted until 1972.
In 1980, Scott and Beth Arndt requested the rezone of Lots 7 - 18, Block 2,
USS 3219 from RR- -Rural Residential to B-- Business (Case Z -80 -020). Mr.
Arndt stated that due to failing on -site waste -water systems in the area, his
land was undevelopable for residential purposes under EPA guidelines due to
its location at a point where polluted groundwater reached the surface. In
addition, Mr. Arndt expressed a belief that the proposed water and sewer for
the area would not be forthcoming in the near future due to proposed budget
cuts in EPA funded water and sewer construction programs. It was also
noted that the lots under consideration were located near a pre - existing B --
Business zoning district. This request was not consistent with the 1968
Comprehensive Plan so the plan was amended to identify this block for future
business use (Case Z- 80 -021). The two cases, rezone and plan amendment,
were considered at the same time by both the Commission and the Assembly.
The Commission recommended contract zoning which would only allow retail
businesses and warehouses on the lots rather than the complete set of
permitted uses in the B-- Business zone. The Assembly chose not to follow
this recommendation and rezoned the land to B-- Business with no restriction.
Case 93 -059 Page 6 at 11 P & Z: August 18, 1993
Public Hearing Item VI -A
In 1983, the Commission initiated a rezone review of the East Island Lake -
Dark Lake area in anticipation of the water and sewer systems that were
being extended to the area at that time (Case 83 -108). Shahafka Acres, and
portions of Miller Point First Addition, portions of Holland Acres, portions of
USS 3218 were rezoned from RR1- -Rural Residential One to R2-- Two - family
Residential. USS 3466 along Dark Lake was maintained in RR1- -Rural
Residential One zoning, as were Lots 1 and 2, USS 3464 and Lots 5 and 6,
Block 10, Miller Point Alaska Subdivision. Those parts of Island Lake
Subdivision not previously zoned 13-- Business were rezoned from RR1- -Rural
Residential One to R1-- Single - family Residential, including Lots 7 and 8,
Block 1, Miller Point Alaska Subdivision First Addition. These rezones were
consistent with the 1968 Comprehensive Plan which indicated medium
density residential for those areas that were considered for rezone.
In 1984, Lorna Arndt requested a rezone of Lots 7 - 12B from R1- Single-
family Residential to R2-- Two - family Residential (Case 84 -001). This request
was denied by the Planning and Zoning Commission based on negative
written and oral testimony. The Borough Assembly upheld the Planning and
Zoning Commission on appeal citing the findings summarized below:
1. the rezone would change the character of the area according to
testimony received at public hearing;
2. all the lots are substandard and nonconforming due to lot size, lot width
or both;
3. there is a substantial number of undeveloped R2 lots already located in
the area;
4. the amount of adverse testimony received at public hearing;
5. no reason was stated by the applicant to reverse the decision of the
Commission.
Later in 1984, John Lund and a number of other land owners in the area
petitioned for Lots 7 - 18, Block 2, Island Lake Subdivision to be rezoned from
B- Business to R1-- Single -family Residential. The petition was denied by the
Planning and Zoning Commission for the following reasons as summarized
below:
1. There is no present need to rezone;
Case 93 -059 Page 7 of 11 P & Z: August 18, 1993
r
Public Hearing Item VI -A
2. the request is inappropriate because none of the petitioners own
property within the rezone area.
3. with the extension of water and sewer utilities in the area, some rural
residential land in the area will probably be upgraded; and,
4. although there was public opposition during the initial hearings to
rezone this area to business, the Borough Assembly did have the
opportunity to review the case, and did decide to go along with the
recommendation to rezone the property.
Issues to be considered in evaluating this rezone request include conformance
with the comprehensive plan, land suitability, recent development trends in
the area, and traffic impacts including adequate access and offstreet parking.
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The 1968 Comprehensive Plan identifies these lots for Medium Density
Residential Development. This would include both R1-- Single - family
Residential and R2-- Two - family Residential zoning districts.. These lots were
reviewed for R2-- Two - family Residential in 1984 and were denied a rezone
because the prevailing lot size is less than 7,200 square feet and lot widths
less than 60 feet. In addition, it was felt that additional commercial zoning in
the area would be detrimental to the essential neighborhood character.
ZONING/USE:
The lots in the proposed rezone area are primarily used for residential
purposes. Two vacant lots are used for outdoor storage. A number of the
residential units are mobile homes which could easily be removed. This
would most likely be a necessity for conversion the lots to commercial use
should the rezone be approved. Single - family residential use of land is a
conditional use in the B-- Business zoning district, but only when located
within the same structure as a permitted commercial use. All existing
residential use in this block would become nonconforming if the land is
rezoned to B -- Business.
Outdoor storage on Lots 8 and 11 would become conforming under B --
Business zoning, however, the use of the lots for outdoor storage might
require a screening fence from the adjoining residential uses per Section
17.21.050.0 (Performance Standards) of the Borough Code.
Case 93-059 Page 8 of 11 P & Z: August 18, 1993
Public Hearing Item VIA
LAND SUITABILITY:
Lots reviewed in this investigation generally slope from Artie Tern Street
towards Island Lake. The slope is generally slight near Island Lake Road and
increases near Kittiwake Street to about fourteen percent. The average lot
area in this block is about 8,500 square feet and the average lot width is
about sixty feet. The 13—Business zoning district has no minimum lot size or
lot width. Lots less than about 10,000 square feet are generally considered to
be less than optimum for most forms of commercial development. Due to the
pattern of structural development and the topographical features in this
block, it is unlikely that the individual lots can support adequate off -street
parking for retail commercial activities or eating and drinking
establishments. These lots would be most suitable only for commercial uses
with low off -street parking requirements such as outdoor storage or
warehouse use. Warehouses are a conditional use in the B-- Business zoning
district.
RECENT DEVELOPMENT TRENDS IN THE AREA:
A number of lots in Block 2, Island Lake Subdivision are presently being
developed for commercial uses. This land has been zoned commercial for
about 13 years and only recently has development begun to occur. None of
the commercial lots in Block 3 and nearby Block 1, Miller Point Alaska
Subdivision First Addition, are developed to their full commercial potential.
Lots 1 and 2, Block 1 Miller Point Alaska Subdivision were recently the
subject of a cleanup effort which removed nearly all of the outdoor storage
from the site. The landowner has reportedly been in contact with staff to
inquire about the prospects for multifamily residential or mobile home
development on the site.
Commercial development in this area is occurring at a slow rate and it does
not appear that there is a public need for additional commercial land in this
area.
The Borough has recently made a number of improvements to nearby Island
Lake Park. New playground equipment has been installed in addition to the
development of Scout Circle. Land has been granted to the Elks Club
between Scout Circle and Island Lake for the development of a youth camp to
be operated for Boy Scout or Girl Scout activities.
Case 93 -059 Page 9 of 11 P & Z: August 18, 1993
Public Hearing Item VI -A
Surrounding the developing commercial area is a long established residential
area.
TRAFFIC IMPACTS:
The right -of -way accessing Lots 7 - 12B is only 40 feet wide along Artie Tem
and Kittiwake Streets. This is not considered adequate for roads accessing
commercial property. The Borough Code currently requires a sixty foot wide
road right -of -way fox- local roads. Roads accessing commercial land should
often exceed this minimum right -of -way width in order to accommodate
heavy truck traffic and other traffic generated by commercial uses.
As mentioned previously in the section under land suitability, it appears that
the lot size and width prevailing on these lots, will make it unlikely that the
lots can be developed to provide adequate off- street parking for retail
commercial uses or eating and drinking establishments. Commercial
development in this block, other than outdoor storage, would likely require
the consolidation of multiple lots and perhaps the relocation of existing
structures.
RECOMMENDATION
Staff recommends that this rezone request not be forwarded to the Borough
Assembly with a recommendation for approval.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate
motion is:
Move to forward this request to the Borough Assembly, according to
Section 17.72.030C, of the Borough Code, recommending the rezone
of Lots 7 -12B, Block 1, Island Lake Subdivision, from R1-- Single-
family Residential to B-- Business.
Staff recommends that the preceding motion be denied and the following
motion be adopted:
Move to adopt the findings contained in staff report dated August 3,
1993 as "Findings of Fact" for this case.
Case 93-059 Page 10 of 11 P & Z: August 18, 1993
Public Hearing Item VI -A
FINDINGS OF FACT
Section 17.72.020 states that the Commission shall incorporate the following
criteria into their report to the Assembly:
1. Findings as to the Need and Justiflcationfor a Change or Amendment.
A rezone from R1-- Single - family Residential to B -- Business is not
needed and not Justified because the existing R1- Single- family
Residential zoning district permits development that:
A. is consistent with the type of development indicated for this area
in the comprehensive plan;
B. will not increase the nonconformity of existing nonconforming
lots;
C. will not create any nonconforming uses in the rezone area; and,
D. will not increase the potential traffic in the area.
2. Findings as to the Effect a Change or Amendment would have on the
Objectives of the Comprehensive Plan.
A change of zoning from R1- Single- family Residential to B-- Business on
Lots 7 - 12B, Block 1, Island Lake Subdivision, is not consistent with
the 1968 comprehensive plan. Before a zoning change to provide
additional commercial area near Island Lake is considered, the
surrounding Island Lake community should be consulted .through a
planning process to determine the needs, and desires of the other
landowners. Only if it is the consensus of the landowners in the area
that expanding commercial zoning is desirable, as expressed through
the comprehensive planning process, should the Commission consider
changing the zoning of a long established residential area.
Case 98-059 Page 11 of 11 P & Z: August 18, 1993
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710 Mill Bay Road, Kodiak, Alaska 99615
Public Hearing Item VI -A
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday. August 18, 1993. 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 93 -059. Request for a rezone, according to Section
17.72.030C (Manner of Initiation) of the Borough Code, of Lots 7-
12B, Block 1, Island Lake Subdivision, from R1- Single - family
Residential tom.. B_- Bu_Iness. 646 Hand lake Road and 3115 -
3189 Arctic Tern Road.
COMMUNITY DEVEELOPMEN
UCrtitt I Mt ill l
This notice Is being sent to you because our records Indicate you are a property owner In the area oflhe 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.
One week prior to the regular meeting, on Wednesday. August 11, 1993 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.
If you have any questions about the request, please feel free to call us at 486-9362.
Your Name: EARL 51)1/ Tl-f Matting Address: 'J . 0 t t -2.4Qo F S
Your property description 2 0 TS i A 4' 9 ,9-
Comments: fit/ 0 /7 N-77 OD
CAS
LO
93 -059
S 7 -12B
B1 OC
SAND _AK
PUBLIC
NJT
SAD.
CE AR-A
350 FEET FRC
-X -=R OR _0T N
v
IS
KOIAK ISLAND BORc*GH
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, August 18, 1993. 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 93 -059. Request for a rezone, according to Section
17.72.0300 (Manner of Initiation) of the Borough Code, of Lots 7-
12B, Block 1, Island Lake Subdivision, from R1- Single- family
Residentiat_r` 13,- 1;t,1c;nnec, 646. Island late Rcad and 3115 --
3189 Arctic Tern Road.
� d
AUG - 131993
COMMUNI PMiENT
nrnn nrn Nr MY
c:1--e031‘.
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
One week prior to the regular
be held at 7:30 p.m. in the
packet material for the case.
If you have any questions
Your Name: V one\ , ep
to us, our fax number is: (907) 486 -9374.
meeting, on Wednesday, August 11, 1993 a work session will
Kodiak Island Borough Conference Room (#121), to review the
about the request, please feel free to call us at `,448�6- -9362.
I `not r Mailing Address: 50K 4 J 24
I (.., y�
Your property description: 3L31 Arctic_ cti c_ kerb
Co
anti:
'y�/
17 te. ink 1 S a y e rU beat .T
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Ke, i t rc (. i
1 IM-e__ l lrkivit 5
c:1--e031‘.
CAS- 93 -059
LOTS 7 -12B
Brent Arndt
P.O. Box 2069
Kodiak, Alaska 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
July 28, 1993
Case 93 -059. Request for a rezone, according to Section
17.72.030C (Manner of Initiation) of the Borough Code, of Lots 7 -12B,
Block 1, Island Lake Subdivision, from R1-- Single - family Residential
to B— Business. 646 Island lake Road and 3115 - 3189 Arctic Tern
Road.
Dear Mr. Arndt:
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 August 18, 1993 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, August 11, 1993, 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.
Sincerely,
Eileen Probasco, Secretary
Community Development Department
cc: Lorna -Lee Arndt
Kodiak Island Borough
7W MITI BAY ROAD
KODIAK, AIASKA 99615-0396
DICK,MATTHEW & MARY
386 PROSPECT ST #C -3
NEW HAVEN CT 06511
0651i-2120 4 Mural :h l:,:, IL „IL,I,L,,II„1,IU,,,! „L:16,6,1:1
KOiviAK 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, August 18, 1993. 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 93 -059. Request for a rezone, according to Section
17.72.030C (Manner of Initiation) of the Borough Code, of Lots 7-
12B, Block 1, Island Lake Subdivision from R1- Single - family
Residential to B-- Business. 646 Island lake Road and 3115 -
3189 Arctic Tern Road.
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.
One week prior to the regular meeting, on Wednesday, August 11, 1993 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.
If you have any questions about the request, please feel free to call us at 486 -9362.
Your Name: Mailing Address:
Your property description:
Comments:
CAS
LW IS 7
B! OC
SAND _AK
93
-059
-12B
SJBD.
PUBLIC NICE A
353 FEET FR
X -
=ROR _O
k
v
=S
VAT 8/V2/93
. T,IME.46:15:50 FORM LETTER #: 7
FORM LETTER DESCRIPTION:
PROPERTY NUMBER OWNER NAME
PROPERTY GROUP LISTING
PHN VENUE 7
PROPERTY ADDRESS
V • �nwv♦ A
L NI H
GROUP #: 30597 CDSEC3
MAILING ADDRESS
93 -o5
R7425010010
JANE PETRICH
87425010030
R7425010040
R7425010050
7425010060
87425010070
R7425010091
R7425010100
7 010110
87425010121
MIKE & PAMELA LAUDERT
MATTHEW & JANEL KEPLINGER
THOMAS MICHAEL SWEENEY
THOMAS w " AE L SWEE
BRENT ARNDT
BRENT ARNDT
JAMES JR. BRIGHENTI
THOMAS & SUSAN EMERSON
BRENT ARNDT
BRIAN & KRISTIN JOHNSON .
ARNDT
3273 ARCTIC TERN ST
KODIAK
3259 — 3-ERt�'I
AR3h6 AK 09961
3245 ARCTIC TERN ST
KODIAK
3231 ARCTIC TERN ST
KODIAK
3217 ARCTIC TERN ST
KODIAK
3207 ARC TERN
3189 ARCTIC TERN ST
KODIAK
5 ARCTIC TERN ST
KO
AK 09961
AK 09961
AK 09961
AK 99615
AK 99615
AK -996
PETRICH, JANE
P.O. BOX 2842
KODIAK
PETRICH, JANE
P,CL. BOX 2842
KODIAK
AK 99615
A.99615/
LAUDERT,MIKE & PAMELA
3245 ARCTIC TERN
KODIAK AK 99615
MATTHEW & JANEL KEPLINGER
P 0 BOX 4024
KODIAK AK 99615
THOMAS MICHAEL SWEENEY
P.O. BOX 129
KODIAK
THOMAS MICHAEL SWEENEY
P. BOX 129
KODIAK
3161 ARCTIC TERN ST
KODIAK AK 99615
3147 ARCTIC TERN ST
KODIAK
3131 ARCTIC TERN ST
IAK
646 ISLAND LAKE RD
KODIAK
AK 99615
AK 9
BRENT ARNDT
P.O. BOX 2069
KODIAK
ARNDT, BRENT
P •.
BUR-1-0E9
KODIAK
AK 99615
AK 99615
AK 99
BRIGHENTI,JAMES M. JR.
P.O. BOX 4361
KODIAK AK 99615
EMERSON,THOMAS & SUSAN
P.O. BOX 3907
KODIAK AK 99615
ARNDT
BOX .5� 206
KODIAK AK y9615
AK 99615
(0 ARC RN ST kA
GO ) 9615
JOHNSON,BRIAN & KRISTIN
P.O. BOX 2661
KODIAK
AK 99615
ARNDT 8N
.0. BOX 2069 -�"
KODIAK AK 99615
Kodiak Island Borough 'LIVE'
DATE 8/02/93
TIME "16:15:50 FORM LETTER #: 7
FORM LETTER DESCRIPTION:
PROPERTY NUMBER OWNER NAME
G E O B A S E D P R O P E R T Y S Y S T E M
PROPERTY GROUP LISTING
PROPERTY ADDRESS
PAGE 2
VENUE: SERVICE #1 LB0220
GROUP #: 30597 CDSEC3
MAILING ADDRESS
R7425020010 JOHN SAGER
R7425020020 MARY SCHOPEN
3273 PTARMIGAN PASS ST
KODIAK AK 99615
3259 PTARMIGAN PASS ST
KODIAK AK 99615
JOHN SAGER
240 S.W. 183RD ST.
SEATTLE
SCHOPEN, MARY
P.O. BOX 3948
KODIAK
WA 98166 -3944
AK 99615
/2.426020030 MARY SCHOPEN 3245 PTARMIGAN PASS - MARY SC}30PEN"""'"..,,
AK AK 996 •. -OX 3948
KODIAK AK 99
R7425020040
R7425020050
R7425020070
WILTON WHITE REVOCABLE TRUST 3231 PTARMIGAN PASS ST
KODIAK AK 99615
RONALD & ROBERTA BLONDIN
EARL & DONNA SMITH
R,7 25020090 EARL & DONNA S
R7425020100
SCOTT ARNDT
3217 PTARMIGAN PASS ST
WILTON WHITE, REVOCABLE TRUST
P.O. BOX 254
KODIAK AK 99615
BLONDIN,RONALD & ROBERTA
KODIAK AK 99615 P.O. BOX 3703
KODIAK AK 99615
3185 PTARMIGAN PASS ST
KODIAK AK 99615
EARL A. & DONNA F. SMITH
4606 REZANOF DR.
KODIAK AK 99615
63 PTARMIGAN PASS S EARL A. & DONNA ySMITH
KOD AK 99615 606 REZA
KOD A A 615"
3147 PTARMIGAN PASS ST
KODIAK --AK -99615
SCOTT ARNDT
P.O. BOX 489
KODIAK
7425020110 OTT ARNDT 31 --PTARMTO N PASS ST SCOTT ARNDT
CODIAK AK 996L5- P.4. BOX 469
KODrA
AK 99615
9K�5
87425020120 GREG & DARSHA SPALINGER 3115 PTARMIGAN PASS ST GREG & DARSHA SPALINOER
KODIAK AK 99615 P.O. BOX 2635
KODIAK AK 99615
R7425020130
4250
RICHARD POWELL
HARD P
L
3116 ARCTIC TERN ST
KODIAK
2
*
A
AK 99615
RICHARD POWELL
1720 REZANOF DR
KODIAK
AK 99615
RN �9FiL�t� 1720A L
REZANOF DR
�{C KODIAK AK 99615
TERN
AK 99615
RICHARD
ZANOF DR
KODIAK AK 99615
Kodiak Island Borough 'LIVE'
DATE 8/02/93
TIMC16:15:50 FORM LETTER #: 7
FORM LETTER DESCRIPTION:
PROPERTY NUMBER OWNER NAME
B A S E D P R O P E R T Y S Y S T E M
PROPERTY GROUP LISTING
PROPERTY ADDRESS
VENUE: SERVICE #1
GROUP #: 30597
MAILING ADDRESS
PAGE 3
LB0220
CDSEC3
8742 L 31 ARCT I CAPE
(ODIAK
ST
AK 99615
RICHARD POWELL
1- 7- 20-IFEZAN0E--
KODIAK
425 R- iCHARD�OWELL ARCT� RNS� JiICHARD, OEWELL
KODIAK AK 99615 1720 REZANOF
KODIAK
R7ri,250 018��� HAR ELL 31 �ARCTI�'TERN_S�� RICHARD POWELL
KODIAK
R7425020190
DALE FLORES
3208 ARCTIC TERN ST
KODIAK
R 5020200 DALE FLORE 2-26 ARCTTC TFR
KODIAK
R7425020210
R7425020220
R7425020230
R7425020240
R7425030030
R7425030040
R7425030050
030060
CRAIG & THERESA BAKER
NORMAN & JOY,CE WOOTEN
RODNEY KIEFER ETAL
RICHARD & REKA LANDIS
LYLE LAMONT
GREGORY MOO
HAROLD CHRISTIANSEN
JANE PETRICH
G E O •
AK 99615
AK 99615
AK 99&t5 _ 11�2Q REZAN�OF��,
KODIA AK 99615
AK 99615
3230 ARCTIC TERN ST
KODIAK
3246 ARCTIC TERN ST
KODIAK
3260 ARCTIC TERN ST
KODIAK
3274 ARCTIC TERN ST
KODIAK
FLORES, DALE
P.O. BOX 1775
KODIAK AK 99615
FLORE ,
AK 9961 P.O. BOX 1775
KODIAK AK 99615
CRAIG & THERESA BAKER
AK 99615 P.O. BOX 8514
KODIAK AK 99615
AK 99615
AK 99615
AK 99615
3246 PTARMIGAN PASS ST
KODIAK AK 99615
3230 PTARMIGAN PASS ST
KODIAK AK 99615
3216 PTARMIGAN PASS ST
KODIAK AK 99615
3202 PTARMIG
AK
WOOTEN,NORMAN & JOYCE
P.O. BOX 3016
KODIAK AK 99615
KIEFER ETAL, RODNEY
P.O. BOX 417
KODIAK AK 99615
LANDIS,RICHARD & REKA
P.O. BOX 3101
KODIAK AK 99615
LAMONT, LYLE
P.O. BOX 439
KODIAK
MOO, GREGORY
3990 DONALD ST
EUGENE
CHRISTIANSEN, HAROLD
P.O. BOX 124
OLD HARBOR
N PASS_^ST` PETRICHI,JANE
AK'996- 1-�P.G. BOX 28
KODIAK
AK 99615
OR 97405
AK 99643
AK 996
Kodiak Island Borough 'LIVE',
• DATE.. 8/02/93
TIME 16:15:50 FORM LETTER #: 7
FORM LETTER DESCRIPTION:
PROPERTY NUMBER OWNER NAME
G E O B A S E D P R O P E R T Y S Y S T E M
PROPERTY GROUP LISTING
PAGE 4
VENUE: SERVICE #1 LB0220
GROUP #: 30597 CDSEC3
PROPERTY ADDRESS MAILING ADDRESS
R7425030080
R7425030090
R7425030100
R7425030110
5
R7425030123
R7465010021
R7465010022
MATTHEW & MARY DICK
JAMES & JORIE LANDERS
ANDREW & JUANIT CESSNA
DONALD ARNDT
3174 PTARMIGAN PASS ST
KODIAK AK 99615
DICK,MATTHEW & MARY
386 PROSPECT 5T #0 -3
NEW HAVEN CT 06511
3160 PTARMIGAN PASS ST JAMES & JORIE LANDERS
DRAIN OR 97435 1820 ECHO HOLLOW RD
EUGENE OR 97402
3146 PTARMIGAN PASS ST
ANDREW & JUANITA CESSNA
KODIAK AK 99615 P.O. BOX 807
KODIAK AK 99615
3132 PTARMIGAN PASS ST
KODIAK AK 99615
PTARMIGAN PASS ST
ARNDT, DONALD
P.O. BOX 1066
KODIAK
ARNDT, DONALD
.0.
D BOX 104.6 —�
SAK AK-99625-v
PETER KLEIN
T C ALASKA INC.
ELKS LODGE #1772
7535010
R7535010031
R7535010032
TOTAL LETTERS: 51
D
DONALD ARNDT
FRANK PASTOR
HUGH WISNER
KO
3100 PTARMIGAN PASS ST
KODIAK AK 99615
526 ISLAND LAKE RD
KODIAK
2999 SCOUT CR
KODIAK
AK 99615
AK 99615
AK 99615
PETER KLEIN
P 0 BOX 1324
KODIAK
AK 99615
T C ALASKA INC.
P.O. BOX 2338
KODIAK AK 99615
ELKS LODGE #1772
P 0 BOX 046
KODIAK
03 BALI N ARNDT, DONALD
BOX 1066
ALIKA
AK
3233 BALIKA LN
KODIAK
3255 BALIKA LN
KODIAK
KODIAK
AK 99615
OAK -99615
AR ITTDO ALD
AK 99615 ' .0. BOX 1
KODIAK AK 99615
AK 99615
AK 99615
PASTOR, FRANK
P.O. BOX 2873
KODIAK
WISNER, HUGH
P.O. BOX 2783
KODIAK
AK 99615
AK 99615
27 LO S 7
3x B 1 C C
SAND _AK
-178
1
SAD.
CP& 9 -059 1/a�q-1
ass 3zAq
,�y�w�Ltu�Sro_ep 'B \K 61 Lat 1:n IN 'WS- 5Z)10_0.1.0 \w-
.. Lc* zy- as.‘. R; a4 a�.� ins
zO
PU52-Vi SS 39
L5ur1D_1A4crc. llES -0 2- 5330 030
Like_ LO.in cnk-
'1145 k lot c$ ?O*U 5o c:. 02.E TG a \a�tco�
l.cA-
1 Cale 55\0 022- EVs5 Laace 4 UY?Z-
k�1K oc Lok_v■ cao�\�t
"q7 \�j b1 50 \O cart_ �� L1 l>J1�hgr
I; i
- 714- n e-
.CJ_2.enD A_RNdt el A ene y-
nerd. .5 en Z`tY2_c_in_cen% ettnaL /J CZea rr
tcjt4 L0/ J J/ uneZ /z ")B /c /,
Safe v y niy,
Sct4d; vi ;.iory LQ/;C —b e9ct cue
e2- / Q cit. i1N n v "l ani e
r en 6 /: /.vim
sbx 20g9
iro cf; 4 /4-if 771/5-
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT d
710 MILL BAY ROAD, ROOM 205, KODIAK, ALASKA 99615 -6398, (907) 486 -9362
The application fee for items covered by this form is 5175.00, except as otherwise noted.
Conditional Use Permits, Exceptions, and Variance applications also require the submission of a site plan.
Applicant Information
Property owner's name: Brent Arndt
Property owner's mailing address: P.O. Box 2069
City: Kodiak State: AK Zip: 99615
Do not give out
Home phone: 486 -6486 (unlisted) Work phone:
If applicable, Agent's name: Lorna -Lee Arndt
Agent's mailing address: P.O. Box 2069
City: Kodiak State: AK Zip: 99615
Do not give out
Home phone: 486 -6486 (unlisted) Work phone: 487 -5297
Property Information
Legal Description: Lots 7, 8, 9, 10, 11, 12A and 12B U.S. Survey 3219
Present use of property: R -1
Proposed use of property: Business (All ajacent• properties are Business)
Applicant Certification
1, the applicant/authorized agent, have been advised of the procedures involved with this request and have recieved a
copy of the appropriate regulations.
�� — /Xe t f,Ca-- 0627 9.3
Authorized Agent's Signature Date Property Owner's Signature Date
STAFF USE ONLY
Code Section(s) involved:
Conditional Use Permit Exception
Variance Title 18 Review 0m0001 0000(
6/29/93 16:56:03 Viviar
Other (e.g., appearance requests, etc.) $25.00 fee p p or 175.00
X Zoning change from to FREE I L ..S.
93
Application received by: .(/I'(,{ y 1R 93
Staff signature 1 gate
`1--059
July, July, 1992
181
ZON