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ISLAND LAKE BK 1 LT 10 - 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 -12B, Block 1, Island Lake Subdivision, from R1-- Single - family Residential o B-- Business. 646 Island lake Road and 3115 - 3189 Arctic Tem 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 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; 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 fium 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. Slr eerely, 4.13u 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 pusiness 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 V1 -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 B -- 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 VI-A 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 95-059 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 Justification for 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. F indinrss 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 93-059 Page Hof 11 P & Z: August 18. 1993 CASE 93 LOTS 7- BL_OC IRAQ Q LA -059 -128 'KE SJB , PUBLIC \INTCE AREA 35: FEET FR 3M EXTERIOR LOT L DES CASE 93 -059 LOTS 7 -128 BLOCK ISLAM: LAKE SUB:. p(e-x (MFl 2 = (Molt; %e, tie. 12-es, Stoe _ gas, PUBLIC \ OT CE AREA 35C FEET RCM EXTERIOR LCT L \ ES J CASE 93 -059 LOS 7 -128 BLOCK S_AND _AK- SJBD. �n b = iom b.o"t5i . 1--es tsu < he 55 A ✓'t 00 -e-5t avLthiS PVBLC NOTICE ARIA 350 - - IT ROM P_X - -R OR _0 NES v/-1J LO 93-059 - S 7 -128 81 0 S_AN] _A <E SUBD. RL gel _ (24) 2.2.5 c. R.(= 5(14, Q s. RZt V.A 1 T 6c.) set -v2. SS I ?L L Pub w. ett uS2 u BL: \OT CE AR 35O FEET FRO `X –ER OR _O A v NES KO AK 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 17.72.030C (Manner of Initiation) of the Borough Code, of Lots 7- 127, Block 1, Island Lake Subdivision, from R1- Single - family Residential *.c .. B--Business. 646 Island lake Road - and 3115 - 3189 Arctic Tern Road. COMMUNITY DEVEI DL• mil IMtNI This notice Is being scat to you because our records Indicate you are a property owner in the area oft£e requ 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 Sm 1 ri-i Mating Address: lilt 0 G Ifr214 00 F E Your property description: .1 0 T,S 7 4- 4 - 9 fY Comments: 4) 0 .7A3 i if& CASE 93-059 0 S 7-128 OCK * ALE 50 EXIT KO *AK 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 17.72.030C (Manner of Initiation) of the Borough Code, of Lots 7- 1213. Block 1, Island Lake Subdivision, from R1- Single - family ResIdential_r` W- B,uc;naee 546. Island lake Read and 3115 ,- 3189 Arctic Tern Road. AUG-1 pa3 COMMurairy o:veto�7aiei 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: Vane\ � 4 e p to us, our fax number is: (907) 486 -9374. meeting. on Wednesday, August 11, 1993 a work sr«ion will Kodiak Island Borough Conference Room (#121). to review the about the request, please feel free to call us at 486-9362. 1 `r tit r MaUIng Address: eo %� <4024 Your property description: 3231 Arctic I -ern co auto: T(e ink is a very beau. -1-i'- c a \---e .a. I CJmmunr-i-ut b0U SCOc.(+S) it Id ;.h" s RY) d n ei Poo J mss i Gt)'i rnn Wok-A-- w.s�,„.K�i_ a n_ 1 ..v .0 _ _ .... o_ . Ti I re, 1 s acre s)^ r .s icierY s cu-t4 _om inn (An i 4-0 rh -€4-y1 hers. (As) VIES t,Oow(C( a Ke_ a wc(,� -- 4rom +�, b cuA4 -i ani rI n a �-t.�- i4 *tmendDa.c r car nc t I rfet laa S� rernta.-e a r ©d �o aliLo(,w priYac. �or hoc l 5r out don '4- eet .c aI�in ti1n I(AS 1 Yler r,o a..rvte a Ma Cti_evk3 2 A)ho+, -C- IA3-e H coike bo lcj Re Ke , p' iv oc.Gc. W e_ ha 6 {, CASE 93-059 LOTS 7-123 _IC NOME ARIA 350 EXTERIOR LO Brent Amdt 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 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, 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, ( j Eileen Probasco, Secretary Community Development Department cc: Lorna -Lee Arndt Kodiak Island Borough 710 MU BAY ROAD KODIAK, ALASKA 99615-6396 DICK,MATTHEW & MARY 386 PROSPECT ST #C-3 NEW HAVEN CT 06511 06Si 2120 Vi dhodhuhhudlaulthanhflhithdAnhdd 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: CASE 93 -059 LW I S 7 -12B 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 AREA =RON NES `1 /36591 USS 32,“q OA A ?-»s b L. l ZPr 5010 01© �ysn2rtG4� Ffln e -1- %zckctr aes 3 USS 32A9 o3 0} 11e, C 1 Z Sza3 iZ3 Ls-i,& » ? inner, 'V-- S2aCY K \ejy- 1145 -►nom S% 1_c> Kidd° 5C AO 024 TG Lod i 4\-2_ jet % A-- i T)1 ; 2) R F' acs._A 61 �4l Uc�R � &3 71Q oat_ l\wt� UJ ne.\- e. /773 X. &east- A_RNd.. c a /j e.ne by ku th,a4-2. c_L a2w zee_ ._. l kerree. s e, ttnmCJnSt y etas L C -/J deci.4 Sccee vey 3a / /9, S/an e 4c- tvistosi wkc.i /pa4' aRe e2.._. /©_[i_s N -77 {/ ai7i e G 1 Ady tit ,3bx a o C_9__ 'roc et k 4k 796 /S' 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