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LEES SUB LT 4 - Rezone
Other Items 1. Assembly Review of Case 10 -008 Planning and Zoning Commission Denial of a Rezone of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3 -Multi Family Residential and Directing Staff to Prepare an Ordinance of Introduction. BRANSON moved to direct staff to prepare an ordinance for introduction relating to Case 10- 008 Rezone of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3- Multi Family Residential. At its regular meeting of January 20, 2010, the Planning and Zoning Commission adopted findings of fact in support of its decision on December 16, 2009, to deny a rezone of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3 -Multi Family Residential, In response, the Assembly needed to review Case 10 -008 to determine if the case should move forward by directing staff to prepare an ordinance for introduction that rezoned the parcel From RB- Retail Business To R3 -Multi Family Residential; or to uphold the Commission's decision and fail the motion. ROLL CALL VOTE ON MOTION FAILED FIVE TO TWO; Stutes, Branson, Friend, Fulp, Jeffrey (Noes); Kaplan and Lynch (Ayes). 2. Vacation in Accordance With KIBC 16,60 of a 10 -Foot Portion of a 20 -Foot - r<titity sement Located Along the Rear Lot Line of Lot 2B -1, Block 6, Miller P-' Subdivision, Firs tdition. (Case S10 -005) JEFFREY moved to = • •rove the vacation of a 10 -foot wide p. ion of a 20 -toot utility easement located at the rear of Lot . a -1, Block 6, Miller Point Subdi ' ion, First Addition. The petitioner requested the vacatt+t of the 10- •ot portion of a utility easement found at the rear of their parcel. Public hearing no -re sent to neighbors as well as utility companies with interest in the easement. None of • - "ty companies expressed interest in accessing or utilizing the easement. The services .rovided by •ese companies were already in place without the benefit of the easement. Al' January 20, 2010, egular meeting, the Planning and Zoning Commission agreed with t = request to vacate that p, ion of the easement found on the petitioner's land and rec• • mended the Assembly approve t : request. ROLL CALL VOT- ON MOTION CARRIED UNANIMOUSLY: Lyn Stutes, Branson, Friend, Fulp, Jeffrey, a•+ Kaplan. 3. Appo'- ants to the Providence Kodiak Island Service Area Board. This ite't was approved un•- rconsentagenda. Providence Kodiak Island Medical Center appointed Mr. Alvin Arboleda to fill the vacant s =a on Providence Kodiak Island Service Area Board. The board also reappointed Gretchen Sa to and Cecil Ranney. A letter from Providence regarding the appointments dated January Kodiak Island Borough February 18, 2010 Assembly Minutes Page 767 2010, was provided. The Assembly voiced non objection to the appointments to the Providence Kodiak Island Service Area Board. 4. Confirmation of the Assembly Appointment to the Service Area No. 1 Board. This item was approved under consent agenda. The Service Area No. 1 Board met on February 8, 2010, to review applications received for the vacant seat term to expire 2011. There were Three applications that were submitted to the Service Area Nd. 1 Board from Tuck Bonney, Greg Spalinger, and Gary Turk Martin. The Board recommended the appointment of Turk Martin to the vacant seat for a term to expire October 2011, The Assembly confirmed the appointment of Mr. Martin to the Service Area No. 1 Board. 5. Declaring a Seat on the Service Area No. 1 Board Vacant. This item was approved under consent agenda. Mr. Rick Ryser submitted a notice of resignation from the Service Area No. 1 Board on January 21, 2010, for a term to expire October 2010. The Assembly accepted, with regret, the resignation of Mr. Ryser and directed the Borough Clerk to advertise the vacancy per Borough Code. 6. Confirmation of the Assembly Appointment to the Mission Lake "Tidegate" Service Area Board. This item was approved under consent agenda. On January 28, 2010, Mr. Al Burch indicated his desire to be reappointed to the Mission Lake "Tidegate" Service Area Board for a term to expire December 2012. The Assembly confirmed the appointment of Mr. Burch to the Mission Lake "Tidegate" Service Area Board. 7. Declaring a Seat on the Bay View Road Service Area Board Vacant. This item was approved under consent agenda. Ms. Dawn Lea Black submitted a letter of resignation from the Bay View Road Service Area Board on February 4, 2010, for a term to expire October 2010. The Assembly accepted, with regret, the resignation of Ms. Black and directed the Borough Clerk to advertise the vacancy per Borough Code. CITIZENS' COMMENTS Scott Arndt spoke regarding the proposed garbage collection contract. ASSEMBLY MEMBER COMMENTS Assembly member Lynch, Stules, Kaplan, Friend, Jeffrey, Fulp, and Branson congratulated Jessica Wolfe, Employee of the Quarter, and Student of the Month, Carolyn Craig. Assembly members also thanked the public for their comments and participation in the Solid Waste Collection Contract process. Kodiak Island Borough Assembly Minutes February 18, 2010 Page 768 Vol. FY2010, No.16 February 19, 2010 At its Regular Meeting of February 18, 2010, the Kodiak Island Borough Assembly Took the Following Actions: PRESENTED the Employee of the Quarter Award to Jessica Wolfe, Projects Assistant in the Engineering /Facilities Department. PRESENTED the February Student of the Month Award to Carolyn Craig, a Senior at Kodiak High School. PROCLAIMED the Month of February 2010 as National Teen Dating Violence Awareness and Prevention Month. POSTPONED Contract No. FY2010 -30 Solid Waste Collection Services with Alaska Pacific Environmental Services, LLC of Anchorage, AK to the Next Regular Meeting of the Assembly. AUTHORIZED the Manager to Execute Contract No. FY2010 -31 Accepting a Grant from the Alaska Department of Transportation and Public Facilities to Partially Fund the Island -Wide Transportation Feasibility Study in the Amount of $100,000. ADOPTED Resolution No. FY2010 -25 Establishing Citizens Board of Equalization Dates for the Year 2010. ADOPTED Resolution No. FY2010 -26 Supporting Invasive Species Advisory Council. AMENDED, ADOPTED Resolution No. FY2010 -27 Urging the University of Alaska Fairbanks Cooperative Extension Service to Establish a Cooperative Extension Service District Office With a Full Time Extension Agent in Kodiak. FOALED TO DIRECT Staff to Prepare an Ordinance for Introduction Relating to Case 10 -008 Rezoning Of Industrial Park Subdivision, Lot 7 and Tract A From RB- Retail Business To R3 -Multi Family Residential. APPROVED the Vacation of a 10 -Foot Wide Portion of a 20 -Foot Utility Easement Located at the Rear of Lot 2B -1, Block 6, Miller Point Subdivision, First Addition. VOICED NON - OBJECTION to the Appointments of Alvin Arboleda, Gretchan Saupe, and Cecil Ranney to the Providence Kodiak Island Service Area Board. CONFIRMED the Assembly Appointment of Mr. Turk Martin to the Service Area No. 1 Board for a Term to Expire October 2011. ACCEPTED, With Regret, the Resignation of Mr. Rick Ryser From the Service Area No. 1 Board for a Term to Expire October 2010 and Directed the Borough Clerk to Advertise the Vacancy per Borough Code. CONFIRMED the Assembly Appointment of Mr. Al. Burch to the Mission Lake "Tidegate" Service Area Board for a Term to Expire December 2012. Minutes of this and other assembly meetings as well as copies of agenda Items are available at the Borough Clerk's Office or on the Kodiak Island Borough's website, www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, March 4, 2010 at 7:30 p.m. in the Borough Assembly Chambers: ACCEPTED, With Regret, the Resignation of Ms. Dawn Lea Black From the Bay View Road Service Area Board for a Term to Expire October 2010 and Directed the Borough Clerk to Advertise the Vacancy per Borough Code.. Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak Island Borough's website www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, March 4, 2010 at 7:30 p.m. in the Borough Assembly Chambers. FA) -Case 10 -DOB ?Adopt findings of fact in support of the commission's denial of a rezone 4j RB- Retail Business i3 R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. The applicant is Lester Leroy Russell. The location is 2522 & 2620 Selief Lane and the zoning is RB- Retail Business. Cassidy stated at the last meeting you denied the rezone request and delayed adopting Findings of Fact until the January meeting. COMMISSIONER JANZ MOVED to adopt the findings contained in the memorandum dated January 8, 2010 as "Findings" in support of the decision to deny a rezone from RB- Retail Business to R3- Multifamily Residential for Lot 7 and Tract A, Industrial Park Subdivision, During discussion COMMISSIONER TORRES suggested deleting #2 because it's too subjective. It was the consensus to keep it in the findings because it shows the neighborhood sentiment. FINDINGS OF FACT 1 Spot zoning: A residential lot (R1, R2 or R3) should not be placed in the middle of a business /industrial zoned area. 2 Public Comment: With the number of comments against the rezone it is clear the local residents of this area don't support the rezone. 3 The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Commercial development. As indicated in Table 4.1 in the KIB Comprehensive Plan currently there are 128 acres designated as Multi- Family Residential (R3) and 8 acres designated as Retail Business (RB) in the Borough. Based on this information if this is rezoned to R3 were approved the amount of RB zoned land would be reduced to approximately 5 acres. This would substantially reduce the availability of RB property. 4 The proximity of this property fits the character of other businesses in the area. By putting a multi- family residential land use in the middle of a business district that has Retail Business and Industrial zoned lots nearby appears to look unorganized with poor planning and creates a piece meal and hodge -podge of buildings and equipment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 10 -007. Request Reconsideration of the Commission's vote to recommend denial on an investigation, according to KIBC 17.205, of a rezone from RR1 -Rural Residential One t4 B- Business, for Lot 4, Block 5, Miller Point Alaska Subdivision. The applicant is Dayton Wandersee. The location is 4210 Otmeloi Way and the zoning is RR1 -Rural Residential One: Cassidy said the commission denied this rezone request. A formal reconsideration affidavit was submitted and tonight you will first vote on a motion to reconsider your previous action denying the rezone request. COMMISSIONER TORRES MOVED to reconsider action taken on Case No. 10 - 007. COMMISSIONER RYSER stated she feels this property should be rezoned to Business but her voting decision was swayed by the public testimony last month. CHAIR KING stated Pete Thompson's letter references a conflict of interest with Lori Ryser which King proceeded to read it aloud. COMMISSIONER RYSER stated she doesn't have a conflict of interest or a direct /indirect financial gain. During discussion COMMISSIONERS JANZ, WATKINS, and KERSCH expressed it shouldn't be rezoned because they took public testimony, comments, and the petitions seriously and felt January 20, 2010 P &Z Minutes Page 4 of 7 Mr. Lester Leroy Russell 722 Sugar Avenue Ontario, OR 97914 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us January 22, 20 Re: Case 10 -008. Request an investigation, according to KIBC 17.205, of a rezone from RB- Retail Business to R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. Dear Mr. Russell: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on December 16, 2009 denied your rezone request cited above, and adopted Findings of Fact at their January 20, 2010 regular meeting. Findings of Fact are the commission's formal justification for the action taken. The Finding of Facts for denial of your rezone request are as follows: FINDINGS OF FACT 1 Spot zoning: A residential lot (R1, R2 or R3) should not be placed in the middle of a business /industrial zoned area. 2 Public Comment: With the number of comments against the rezone it is clear the local residents of this area don't support the rezone. 3 The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Commercial development. As indicated in Table 4.1 in the KIB Comprehensive Plan currently there are 128 acres designated as Multi - Family Residential (R3) and 8 acres designated as Retail Business (RB) in the Borough. Based on this information if this is rezoned to R3 and approved the amount of RB zoned land would be reduced to approximately 5 acres. This would substantially reduce the availability of RB property. 4 The proximity of this property fits the character of other businesses in the area. By putting a multi- family residential land use in the middle of a business district that has Retail Business and Industrial zoned lots nearby appears to look unorganized with poor planning and creates a piece meal and hodge -podge of buildings and equipment. According to KIBC 17.205.055.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. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. Should you have any questions about the procedure, please call the Borough Clerk's Office at 486 -9310. Sincerely, 4/To� , is Bud Cassidy Director CC: Nova Javier, Borough Clerk MEMORANDUM DATE: January 8, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the January 20, 2010 Regular Meeting CASE: 10-008 APPLICANT: Lester Leroy Russell AGENT: Daniel L. Nelson, Sr. SUBJECT: Adoption of appeal findings in support of the Planning & Zoning Commission denial of a request for the rezone of Lot 7 and Tract A, Industrial Park Subdivision, from RB- Retail Business to R3- Multifamily Residential. LOCATION: 2522 & 2620 Selief Lane ZONING: RB- Retail Business Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable: 17.205.010 AUTHORITY. Whenever the public necessity, convenience, 9eneral welfare or good zoning_practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearingas required by jaw, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. [Ord. 83 -58 -0 §1, 1983. Formerly §17.72.010]. 17.205.020 REPORT FROM PLANNING AND ZONING COMMISSION. The commission shall report in writing to the assembly on any proposed change ors I-- regardless of the manner in which such change is initiated and such report 'shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 SUBMISSION TO ASSEMBLY. A. Within 30 days after the 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 Case 10-008/Appeal Findings of Fact Page 1 of 3 P & Z: January 20, 2010 recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shill be final unless the initiating party, within 10 days, files a written statementwith_theclerk requesting that the commission's action be taken up by_ the_assembly., COMMENTS The above referenced rezone was heard and decided by the KIB Planning & Zoning Commission at its December 16, 2009 regular meeting. The Commission denied the request which had been recommended by staff and subsequently deferred the adoption of findings until the next regular meeting on January 20, 2010. As noted in the applicable codes sections above, it is necessary for the Commission to adopt findings in support of the decision to convey it's reasoning to both the petitioner and the Assembly. As indicated in KIBC I7.205.055.B, the petitioner has the option of taking the request to the Assembly without a favorable recommendation from the P &Z Commission, however the 10 -day period during which the petitioner may elevate the case to Assembly level is generally not considered to begin until the findings for the case have been adopted and made a part of the case record. Several Commissioners have provided draft findings in support of the decision to deny the requested rezone. As noted in prior zoning cases, the review and adoption of findings is not intended to be a further review of the case, but simply an opportunity to complete the decision making process by the adoption of findings in support of the Commission decision. The petitioner may then consider these findings in terms of whether to elevate the request to the Assembly level or whether to let the decision stand. It is not essential for all Commissioners to agree with the findings personally so long as the Commissioner believes they are a true reflection of the rationale relied upon and expressed by the prevailing member(s) of the Commission for this case. Without the adoption of findings the rezone decision remains incomplete and the ten (10) day elevation period does not begin. RECOMMENDATION The Commission must adopt findings that reasonably represent the rationale behind the decision to deny the rezone requested in this case. Case 10- 008 /Appeal Findings of Fact Page 2 of 3 P & Z: January 20, 2010 APPROPRIATE MOTION Move to adopt the findings contained in the memorandum dated January 8, 2010 as "Findings" in support of the decision to deny a rezone from RB- Retail Business to R3- Multifamily Residential for Lot 7 and Tract A, Industrial Park Subdivision. FINDINGS 1 Spot zoning: A residential lot (R1, R2 or R3) should not be placed in the middle of a business /industrial zoned area. 2 Public Comment: With the number of comments against the rezone it is clear the local residents of this area don't support the rezone. 3 The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Commercial development. As indicated in Table 4.1 in the KIB Comprehensive Plan currently there are 128 acres designated as Multi- Family Residential (R3) and 8 acres designated as Retail Business (RB) in the Borough. Based on this information if this is rezoned to R3 were approved the amount of RB zoned land would be reduced to approximately 5 acres. This would substantially reduce the availability of RB property. 4 The proximity of this property fits the character of other businesses in the area. By putting a multi - family residential land use in the middle of a business district that bas Retail Business and Industrial zoned lots nearby appears to look unorganized with poor planning and creates a piece meal and hodge -podge of buildings and equipment. Case 10.008 /Appea1 Findings of Fact Page 3 of 3 P & Z: January 20, 2010 The public hearing was opened & closed: Public testimony given in support of the request was Amy Tubb and Kevin Arndt. Testimony given opposing the request was Pete Thompson, Barbara Rabold, and Opal Oliver. During discussion there was consensus to follow the Comp Plan and not mix Business and Residential zoning, and public sentiment. ROLL CALL VOTE ON MOTION FAILED 5 -1. The noes were WATKINS, JANZ, KERSCH, TORRES, and RYSER. The aye was KING. COMMISSIONER TORRES MOVED to adopt the Findings of Fact in the staff report dated December 16, 2009 in support of the denial of Case No. 10 -007. Discussion FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. No justification for the rezone has been offered, nor has any need for the rezone been shown. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. A rezone of the subject parcel would be inconsistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone to B - Business Zoning District would add to an existing under - utilized inventory of Business zoned lands. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. By majority vote, the Kodiak Island Borough Planning & Zoning Commission recommends disapproval of this rezone request. ROLL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were WATKINS, JANZ, KERSCH, TORRES, and RYSER. The noe was KING. B) Case 10 -008. Request an investigation, according to KIBC 17.205, of a rezone from RB- Retail Business' 1:4 R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. The applicant is Lester Leroy Russell. The location is 2522 & 2620 Selief Lane, and the zoning is RB- Retail Business. Cassidy stated you granted a Similar Use Determination in 2008 that would have allowed multi- family housing to be developed on that site. In the RB zoning the multi - family takes place not on the ground floor but on the 20d floor and above. The ground floor is reserved for retail use. That project didn't come to fruition. Staff recommends approval of this rezone. Should you approve there is an ongoing subdivision for this property. Public comments received were 4 opposing and 1 in favor of the rezone. COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A and a portion of Lot 7, Industrial Park Subdivision as granted preliminary approval in related Case S10 -004, from RB- Retail Business .t4 R3- Multi- family Residential, subject to an effective clause requiring the recordation of a new plat based upon the preliminary approval in related Case S10 -004. The public hearing was opened &closed: Testimony given in support of the request was Dick Rohrer and Sam Rohrer. Testimony opposing the request was Dennis Symmons, Gary (Turk) Martin, and Kathleen Ballenger (called'in). November 18, 2009 P &Z Guidelines Page 2 of 9 Smith read Rogers comment into the record (directed by Rogers). During discussion, there was consensus to follow the Comp Plan and not mix Business and residential zoning. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY COMMISSIONER TORRES MOVED to postpone the Findings of Fact until January 20th Planning & Zoning meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 10 -009. Request a review of recommended policies, developed by the KIB Parks & Recreation Committee, to address recreational shooting on borough land, including (but not limited to) appropriate signage, cleanup of non - recommended locations, and an Informational brochure to be developed in conjunction with the Kodiak Island Sportsmen's Association. The applicant is the Parks & Recreation Committee. Cassidy stated people have taken fire from people shooting irresponsibly and this is a public safety issue. Staff recommends the Commission approve and forward them on to the Assembly. COMMISSIONER JANZ MOVED to recommend to the Borough Assembly that policies for shooting be adopted in a manner similar to other recreational rules. The public hearing was opened & closed: Given testimony in support of this request was Mike Sirofchuck, Parks & Recreation Committee Chair. Testimony given in opposition was Tom Schwantes. During discussion it was the consensus that the irresponsible behavior be addressed before someone is hurt or killed, and the public access issue should be addressed with KISA. CHAIR KING stated the NRA has education programs that range from pre - school through retired people concerning guns and safety. The NRA is willing to come at no cost to the borough to implement these programs. He has the programs for people to look at that includes CD's, coloring books, work books, etc. SUGGESTED ACTION 1. Current unauthorized target practice sites be cleaned up and signs posted; 2. At White Sands Beach a sign also be posted'stating Shooting not Recommended Here; 3. KISA and the Committee work together on an informational brochure identifying the location where shooting can legally occur such as at the KISA range in Salonie Creek; 4. Develop an education process that allows citizens to file a citizen's complaint when they notice illegal shooting along the road system.. This effort encourages folks not to confront the shooters, but simply write down license plate numbers and report the incident to the state troopers. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 10-001. Request a review and recommendation of the 2010 - 2014 Capital Improvement Projects. The applicant is the Planning & Zoning Commission. Cassidy gave background information on the FY 10 - FY14 CIP list and recommends it be postponed indefinitely. He suggests they discuss how best to proceed with a FY 2011 to FY 2015 C1P process at the January work session so we can do an advertising campaign to really get the word out. COMMISSIONER TORRES MOVED to postpone indefinitely the Kodiak Island Borough's five (5) year 2010 -2014 Capital Improvement Program (CIP). The public hearing was opened & closed: There was no public testimony. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY November 18, 2009 P&Z Guidelines Page 3 of 9 Mr. Lester Leroy Russell 722 Sugar Avenue Ontario, OR 97914 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us December 17, 2009 Re: Case 10 -008. Request an investigation, according to KIBC 17.205, of a rezone btsn RB- Retail Business to R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. The applicant is Lester Leroy Russell. The location is 2522 & 2620 Selief Lane, and the zoning is RB- Retail Business. Dear Mr. Russell: The Kodiak Island Borough Planning and Zoning Commission at their meeting on December 16, 2009, failed to grant the request cited above, and moved to postpone adopting Findings of Fact in support of their denial until the January 20, 2010 regular meeting. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9363. Sincerely, n e Qa CcSrn6aCil Sheila Smith Secretary CC: Daniel L. Nelson, Sr. Current Location 2522 & 2620 Selief Ln P & Z Case # 10 -008 Lester Leroy Russell Request an investigation, G .;ording to KIBC 17.205, of a rezone from RB- Retail Business to R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. The zoning is RB- Retail Business." F P :SS 3469 Feet 500 1,000 Legend i Notification Area Subject Parcels r Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9. NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual riles which may be more up -to -date. Kodiak Island Borough Community Development Department. ��s w Kodiak Island Borough Zoning Map Community Development Department Y p p WAli �� ler Imp ilm.. law Current Zoning equest: Investigation of rezone for Lot 7 and Tract A, P & Z Case # 10 -008 Industrial Park Subdivision from RB- Retail Business to • r gent: Daniel L. Nelson Sr. R3- Multi- family Residential. il, I ' 2. " 245 490 980 Feet 410P41111°P 4/ 03N' A 0P. le 4. lop &AM ( USS 321E /PA 1`11A ti 'fie X03 , , AP c.,--- 4, - co 0 ♦ ♦♦ P-1 e 4, . • It AL o Zoning Legend Business Light Industrial Single Family Residential Retail Business Rural Residential 2 Conservation Natural Use Two Family Residential Rural Residential M Split Lot Zone I Industrial OM Public Use Multi Family Residential ® Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Public Hearing Item VI -B MEMORANDUM DATE: December 1, 2009 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the December 16, 2009 Regular Meeting CASE: 10 -008 APPLICANT: Lester Leroy Russell AGENT: Daniel L. Nelson, Sr. REQUEST: An investigation, according to KIBC 17.205, of a rezone from RB- Retail Business Lo R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. LOCATION: 2522 & 2620 Selief Lane ZONING: RB- Retail Business Twenty-nine (29) public hearing notices were mailed on November 30, 2009. Date of site visit: 1. Zoning History: The 1968 Comprehensive Plan identified this area as Public and Semi- Public. When this area was rezoned to I- Industrial in 1980 (Ordinance No. 80 -14 -0) the motion indicates that it was being rezoned from Unclassified to I- Industrial. The Lakeside /Safeway Subarea Plan, adopted and incorporated into borough code by Ordinance No. 91 -31, depicts the area as Retail Business. The property was subsequently rezoned to RB- Retail Business in April 1997 by Ordinance No. 97 -06. 2. Lot Size: Lot 7 (as proposed Lot 7 -1) Tract A 1.58 acres 3.21 acres Existing Land Use: Resource Extraction/Vacant/Outdoor Storage Case 10- 008 /Staff Report Page 1 of 12 P & Z: December 16, 2009 4. Surrounding Land Use and Zoning: North: Lot 2A, Lakeside 2 "d Addition Use: Park/Ball Fields Zoning: PL- Public Use Land South: 1 -Lot 8, Industrial Park Subdivision 2 -Lot 1, Block 1, Lakeside Subdivision Use: 1- Vacant 2- Vacant Zoning: 1 -I- Industrial 2 -RB- Retail Business East: 1 -Lot 8B, Block 1, Shahaflca Acres 2 -Tract S -5A -1, Tract 1, U.S. Survey 3218 3 -Tract S -5A -1, Tract 2, U.S. Survey 3218 Use: 1- Single - family Residential 2- Commercial Retail 3- Vacant/Outdoor Storage Zoning: 1 -R2- Two - family Residential 2 -B- Business 3 -B- Business West: 1 -Lot 2A, Lakeside 2 "d Addition 2 -Lot 1A -1, Lakeside 2 "a Addition Use: 1- Park/Ball Fields 2- Ministorage /SFR Zoning: 1- PL- Public Use Land 2- I- Industrial 5. Comprehensive Plan: 6. Applicable Regulations: Public Hearing Item VI -B The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this area for Commercial development. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.10.020 REFERENCE AND USE. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 COMPREHENSIVE PLAN. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough; ... Case 10- 008 /Staff Report Page 2 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B 17.205.030 MANNER OF INITIATION. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and "C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.205.055 SUBMISSION TO ASSEMBLY. A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development POLICY B -1: MULTIPLE USE a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. Consistency: Not Applicable. The project will not involve the placement of structures, dredge or fill Material in coastal waters) b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not; Applicable. The project location is not adjacent to or within coastal waters] POLICY B -3: DREDGE AND FILL ACTIVITIES a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Consistency: Not Applicable. The project ocation is not adjacent to or within coastal water& Case 10- 008 /Staff Report Page 3 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. ;Consistency`. Not Applicable: The project location is not adjacent to or within coastal waters! C. Natural Hazards POLICY C -1: EROSION AND LANDSLIDES a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. consistency: Not Applicable. The project location is not located in a designated erosion hazard area owever, the site is already disturbed due to the extraction of substantial rock material! Completion of development will require ,a combination of site landscaping and natural i-evegetation! b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Consistency: Not Applicable. The project location is not located in a steep slope .area or identified as within arr erosion hazard area! D. Coastal Habitats and Resources POLICY 13-5: WIND GENERATION AND BIRD HABITAT a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Consistency: Not Applicable. The project does not involve a wind generation project! b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: Not Applicable. The project does not involve the development or construction of•an' le nergy facility' H. Recreation POLICY H -1: PROTECTION OF RECREATION RESOURCES AND USES a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: Not Applicable. The request does not involve a designated recreation area! b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and Case 10- 008 /Staff Report Page 4 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Consistency: Not Applicable. The project is not located on or near a water body) c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5A, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: Not Applicable. This is not an area specifically identified or reserved for recreational use Linder 11 AAC 114.2500) I. Archaeological and Historic Resources POLICY 1 -1: CONSULTATION AND SURVEYS a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq,Museum. Consistency: Not Applicable. The project is not iocated`in an area identified 'as a historic or prehistoric esignauon area! b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not Applicable. The project is not located inan.area identified' as a historic or prehistoric �Elesignation area POLICY 1 -2: RESOURCE PROTECTION a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: Not Applicable. The project is not located within a designated area! b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Not Applicable. The project is not located in an area identified for the study; jnderstanding or illustration of history and prehistory under 11 AAC 114.250 {i K. Mineral Extraction and Processing POLICY K -1: SITING OF MATERIAL SOURCES a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, Including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: Not Applicable: The, project does not involve extraction of sand and gravel resources) Case 10- 008 /Staff Report Page 5 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B b. This policy applies to the sand and gravel standard (11 AAC 112.260). onsistency: Not Applicable. The pjoject does not involve extraction of sand and gravel resources! 4.5 Designated Areas 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A COMMENTS The land owner /petitioner initiated this rezone investigation with the assistance of local agent. Daniel J. Nelson, Sr. has been designated the agent for the property owner Lester Lee Russell. The petitioner has requested a rezone of Lot 7 and Tract A, Industrial Park Subdivision, from RB- Retail Business to R3- Multi- family Residential. The application form does not address the reasoning behind the request or provide any supplemental information about the suitability of the subject parcels for the intended use, whatever that may entail. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The Kodiak Island Borough Regional Comprehensive Plan Update, January 2008, generally identifies this property for Commercial development. As such, the property is conforming to the comprehensive plan at present and could also be potentially consistent with other commercial zoning districts such as B- Business and UNC -Urban Neighborhood Commercial. Interestingly, this is not the first time that interest has been expressed in using this property for multi- family residential. In February 2007, the Planning and Zoning Commission granted a Similar Use Determination to allow multi - family residential in the RB- Retail Business zoning district as a use similar in character and impact to permitted boarding houses, hotels, motels, multi- family residential (not located on street level of the structure). The project proposed at Case I0- 008 /Staff Report Page 6 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B that time however was never executed and as a result the property remains in the RB- Retail Business zoning district. Although the similar use request proposed to develop the entire site for multi - family residential, granting of the similar use determination did not restrict the developer from changing their mind later and developing a mixed use residential and commercial site. As a result, the addition of unrestricted multi - family residential as an option in 2007 did not preclude the site from also having commercial uses in the mix, as permitted generally under the RB- Retail Business zoning district. In this case, it appears that the property owner wishes to make an irrevocable commitment to multi- family residential use (or other uses allowed only in the R3- Multi- familiy Residential zoning district) with no option to develop a substantial retail business component on the site. The analysis of the rezone will consider the relative benefits benefit of both the existing (RB) zone and the proposed R3 zone. The 2008, KIB Comprehensive Plan Update notes under "Implementation Policies" the following criteria: Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. Additional study is needed to estimate future employment in specific industries and related needs for land zoned for those types of uses. For example, in assessing the need and most appropriate locations for new industrial [sic, Business] land, consider the following factors. ✓ The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. ✓ Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. ✓ Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. ✓ Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. Another consideration that must be taken into account is the timing of a zoning change. Comprehensive plans typically project future land use proposals for a 10, 15 or 20 year period. The Commission and Assembly are not obliged to implement such recommendations in the plan if the overall condition and context of the community are not ready for such changes. As indicated in KIBC 17.05.030 (Intent), the purpose of the KIB system of land use regulation is to: ❖ Provide for orderly development; • Lessen street congestion; ❖ Promote fire safety and public order; ❖ Protect the public health safety and general welfare; • Prevent overcrowding; Case 10- 008 /Staff Report Page 7 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B • Stimulate systematic development of transportation, water, sewer, school, park, and other public facilities; and • Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. The requested rezone is generally consistent with the applicable goals and objectives of the comprehensive plan. Staff has addressed the relative need for RB- Retail Business zoning and R3- Multi- family Residential zoning in the zoning section which follows. With regard to the location of the rezone area at the edge of the City of Kodiak boundary, with access to Tract A only through the city's jurisication, it is recommended that the Commission consider the initiation of annexation as a way to ensure the issue is propertly investigated by the Alaska Local Boundary Commission. Staff has investigated the annexation process and attached to this staff report answers to frequently asked questions. Initiation of an annexation request, which would most likely be done by or through the City of Kodiak, only guarantees a review will be done, it does not guarantee a particular outcome. Each annexation case is reviewed on the merits regard of which local action procedure is used to initiate the review. Zoning Reftulations The land is currently vacant and it is zoned RB- Retail Business. The RB zone permits a shorter list of permitted uses than the related B- Business zoning district. As the name implies the focus of the RB zone is on retail sales and service uses. As noted in the approved similar use determination (Case 07 -016), multi - family residential is an allowed use in all commercial zoning districts. It just so happens in the RB- Retail Business zone is unique in that multi - family residential is only allowed within a commercial structure and not on the street level of said structure. This would be a substantial impediment to strictly multi- family residential development as desired by the petitioner. Case 07 -016 also observed that the character and impact of multi - family residential is easily accommodated on a parcel that has been identified and found suitable for commercial use. So the real criteria for determining what zone best serves the community in this location is more likely based upon the need for additional high density residential land in the larger community that does not unreasonably reduce the inventory of vacant or under developed commercial land. It is also more likely that the determination of whether this is a suitable location for R3- Multifamily Residential uses will have quite a bit to do with the nature of surrounding uses which are a mixture of commercial, industrial and public recreation uses. Staff performed a simple screening exercise based upon the current certified tax roll and found that there is only about 20 acres of undeveloped R3 zoned land (borough wide) compared with more than 160 acres of vacant business land. While it is possible that recent projects permitted since the tax roll was certified may affect these figures, the area relationship between the two categories is not that close to be overly concerned with the margin of error. Case 10- 008 /Staff Report Page 8 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B Of more concern is the fact that Lot 7 is currently being subdivided (Case S10 -004) and has preliminary approval to subdivide .54 acres abutting Lot 8, Industrial Park Subdivision. Although not presently documented in the file, staff is aware that the presumptive purchaser of the smaller portion of Lot 7 does not wish to have R3 zoning. A request has been made to the agent for the rezone to provide clarification that the rezone only applies to the larger remainder portion of Lot 7, Industrial Park Subdivision. While it normally makes sense to place multi - family residential use close to a commercial center like the Safeway/Wal -Mart area, and close to a park such as the nearby Dark Lake ball fields, this context could be impacted by future industrial land uses. The intent of the I- Industrial zoning district is as follows: The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes; B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. [Ord. 81 -40 -0 §2, 1981. Formerly §17.24.005]. Although the I- Industrial zone does place some burden on the industrial user when located next to residential property, past experience has shown that these performance measures are no guarantee that conflicts due to noise, vibration, glare, hours of operation, etc. , will not at some point become a nuisance to adjoining residential land uses. Although the .54 acre subdivision parcel will likely remain zoned RB- Retail Business for the moment, any further change to the zoning (such as a change to I- Industrial) would also need to come through a rezoning process for public review before the Commission and the Assembly. Staff has contacted the various parties to the rezone and subdivision to obtain written clarification to the rezone boundary. These correspondences have been received and attached to this staff report for review. The latest maps have been revised to show the rezone area as it is requested based upon the written clarifications submitted by the respective applicant agents. Case 10- 008 /Staff Report Page 9 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B LAND SUITABILITY: The land as currently situated is suitable for multi - family residential development. The total lot area proposed for rezone is 3.79 acres. Utilities to serve the site are available from or through the City of Kodiak. The utility infrastructure in the area is deemed adequate for the proposed use of the rezone area for multi - family residential as it would similarly be adequate for commercial development of the same area. There is nothing unusually about the lot shape or topography that would preclude development of permitted R3 zone uses. RECENT DEVELOPMENT TRENDS IN THE AREA: There is a large undeveloped tract below the bluff, next to Safeway, that is currently zoned B- Business. Because these sites are separated by topography, cross boundary impacts should be minimal, however, it is unreasonable to expect that a business development on the lower lot will be able to screen or buffer any visual or noise impacts when development of this site occurs. The zoning code places certain obligations on the developer of business property when it adjoins residential, but that doesn't always mean that it is feasible to provide screening or buffering. There are a number of I- Industrial zoned properties in the area. Of the two closest ones the abutting Lot 8 is vacant and the industrial lot across Selief Lane at the corner of the intersection is developed with a ministorage warehouse use and a watchman/caretaker residence. The borough has developed the Dark Lake ball fields at the end of the cul -de -sac, although the City of Kodiak Parks and Recreation Department maintains them. There is a tentative plan for a third ball field to be developed as part of the Dark Lake fields and there was also a plan (and area set aside) for a BMX bike course. Although the BMX course seems to have gone by the wayside, there is potential for a "pocket park" or tot lot should the area be developed with a substantial residential population. TRAFFIC IMPACTS: The amount of traffic to commercially developed property can vary considerably. Nevertheless, if the Commission considers the highest traffic generation scenario for commercially zoned land it is unlikely that the uses allowed in the R3 zone would surpass that level. More than likely, the nature of traffic changes would be based on residential commute times and sporadic traffic and deliveries during the day as opposed to sustained commercial traffic during the day and peak traffic on evenings, weekends and holidays. Given the mixed nature of development in the area staff does not anticipate any significant impact from the change of zoning. The rezone area is located close to a commercial center which is convenient for obtaining goods and services as well as employment in the area. Across the intersection of Von Scheele Way and Selief Lane is a paved bike /pedestrian path. Although it is located close to Safeway and Wal- Mart, it does not seem prudent from a safety standpoint to develop a path directly from this Case 10 -008 /Staff Report Page 10 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B rezone site to the commercial area. If a safe access were to be developed it would need to be done with approval by the affected land owners. So it would appear that for public access purposes the shortest route to nearby commercial areas and schools would be Selief Lane to Von Scheele Way and then to the Safeway driveway or Mill Bay Road intersection. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that Tract A, and a portion of Lot 7 (as granted preliminary approval in Case S10 -004) Industrial Park Subdivision, be rezoned from RB- Retail Business to R3- Multi- family Residential, subject to an effective clause requiring the recordation of a new plat based upon the preliminary approval in related case S10-004. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A and a portion of Lot 7, Industrial Park Subdivision as granted preliminary approval in related Case S10-004, from RB- Retail Business Lo R3- Multi- family Residential, subject to an effective clause requiring the recordation of a new plat based upon the preliminary approval in related Case S 10 -004. The preceding motion should be APPROVED. EFFECTIVE CLAUSES 1. The rezoning will not become effective until a final plat is filed for case S10 -004, establishing the new property boundary to which the 123 zoning will be mapped. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. Based on a review of the current certified borough tax roll, there is a large supply of vacant commercial land (160 acres + / -) and a relatively small supply of vacant multi - family (R3) zoned land (20 acres + / -). The site is located close to a commercial center which can provide some employment opportunities in addition to the goods and services that residential use requires. The site is located relatively close to an elementary school (East Elementary) and it has good access through Von Scheele Way to Mill Bay Road an arterial street. There is also a bike /pedestrian path across Von Scheele Way near the intersection with Selief Lane. The site has a borough Case 10- 008 /Staff Report Page 11 of 12 P & Z: December 16, 2009 Public Hearing Item VI -B owned ball field nearby (which is currently maintained by the City of Kodiak) and the site has potential for additional ball field and park development as needed. Generally, multi - family residential is considered a good fit with commercially zoned land as it is an allowed use in some form in all urban commercial zones where municipal water and sewer are available. There may be some concerns about the mixed use nature of the area surrounding the rezone area (I- Industrial zoned land) and concern about the most efficient and cost effective way to provide services, given the fact the rezone area falls into two different service areas. On the whole, however, the rezone has more positive attributes than negative, hence the recommendation to make the zoning change from RB- Retail Business to R3- Multi- family Residential. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update recommends this area for Commercial development, however the plan does not take into account the available supply and demand for undeveloped commercial and multi - family residential land. In addition, while all urban commercial zones provide for some form of multi - family development, this multi - family residential is sometimes permitted only in conjunction with commercial development as is the case for the RB- Retail Business zoning district. The plan encourages a balance of zoned lands to meet the future needs of the community and while the plan does encourage the development of higher density residential in close proximity to commercial centers, it does not specifically address the desire to have the synergy of multi - family residential and commercial development without actually permitting commercial development on the same lot as the multi- family residential use. Case 10- 008 /Staff Report Page 12 of 12 P & Z: December 16, 2009 Recommended rezone area Case 10 -008 (Tract A extends beyond this page view) VICINITY MAP PWNERSHIP AFFIDAVIT TAY CERTIFICATE N 01'20'28" W PRELIMINARY —v--v -.;-.. - ORRIP6 M Ifl 2 -23 ACS BI DC' M ROC21SC tCW n€14. 1042 gnu 13-34 TOMet It INC NOM SECCONC a 62 act *tato 27. MAT 07-15 WNW 04 0K 35M atalaiG Cl1it1•w1 AXY 1, 5984 99Mt TO AL 0741»01 2WTICs EA21ORS. @OWNS, aYa'a REMOCTOG MD WITS 0 N A Rate „Preliminary,Pl Case S10 -004, Granted approval on 23NOV09 nvuirm uau.sr U civt[L•''•7r7 - i..vmenurvl 1 if UCV nn 1 IVILlI1 710 Mill Bay Rd., Room 5 KODIAK, AK 99615 -6398 (9D7) 486 -93e 'AX (907) 486 -9396 www.kib.co.kodiak.ak.us -- 1P Applicant Information CPCo/ Property owner's name 7o7o7 eS'rhr A'r Property owner's mailing address 0i27,1r/ d Or ow City ate Zip Home phone Work Phorie E -mail Addr. 208.75/0- v/,sy,3r c>7O9-- 399/37 -t Agent's name (if applicable) C/L.9N /.'.-/ ei . i/e/con Er . Agent's mailing address D. ,ox c9c7 State Zip /7/AsPq ??44ca Work Phone E -mail Addr. t5"39'- 6 “,7o5 636C► City /Cr/At Home phone qs' -5 7 Property Information ij/ ((fr30o0 60 Prope ID Number /s TrA/0 KC l,c / �.� r /C' /-/-47 Legal Description Current Zoning: r ?P /A /� /� .80.s7/2 PsC Applicable Comprehensive Plan: JYear of Plan adoption: / +Present Use of Property. ') P 7! % Ll is/ ); ecc prrr "7L (sr )s c %9r4nr 'Prop osed Us of Property :: 411///0/ reS /I7/ ii 2 (Note: Use additional sheets, If needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review Is true and complete to the best of my knowledge and that it Is submitted In accordance with the requirements of the applicable Kodiak island Borough Code, which includes a detailed site plant for variance and condltonal use requests and which may Include optional supporting documentation as indicated below. _ Additional Narretive/HIstory As -bullt Survey Property Owner's Signature Photographs _ Maps _ Other (1,4 Date Authorized Agent's ignature Date 1A development plan for one or more Iota on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an Informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: x,;.,. Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67 Other (appearance req ests, site pia -' Zoning change from .. L Application received by: Staff signature .020.B) $250.00 n review, etc.) $150.00 (KIBC •.i Mt(7.207 "•r:1 r :: -.d Mf __ PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per 1011 Assembly Resolution Eff. July 1, 2005) 11 >,+ i" ss than 1.75 acres ' `=IS t` 1.76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more 5350.00 $750.00 s1.00n.00 SI,SOIL011 L( `c 7'w to • KODIAK ISLAND BOROUGH; COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public hearing Item VI -E A public hearing will be held on Wednesday, December 16, 2009. 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: APPLICANT: REQUEST: LOCATION: ZONING: 10 -008 Lester 'Leroy Russell An investigation, according to KIBC 17.205, of a rezone from RB- Retail Business to R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. 2522.& 2620 Selief Lane RE-Retail Business This notice is being sent to the request. If you do not to the Community Development our fax number is: (907) 486 doting, the appropriate public The toll tree telephone number One week prior to the regular in the Kodiak Island Borough Kodiak Island Borough Code decision on NO request. If at486 -9363. /�� �, �, YenrNmue. t.i�/t .4 you because our records indicate you area property owner /interested parry wish to testify verbally, you may provide your comments in the space below Department prior to the meeting. If you would like to fax your in the area of or in a letter comments to us, your moments Is 486-3231. held at 7'30 p.m the Commission's Seel floe to call us z-Ui -9396. If you would litre to •leatily via telephone, please call in hearing section of the meeting. Thelocaleall -In telephone number lc I -800- 478 - 5736.' meeting, on Wednesday, December 9, 2009, a work session will be Conference Room ( #121), to review the packet material for the case. provides you with specific appeal rights if you disagree with you have any questions about the request or your appeal rights, please .r6t4n1SU^) MrmagMy,s ro...,'j/ -x Your property dine iptton: al -1 5 t.F42 -F *F1G( C°.« , Commend: u i „V -c All .t,t,r�.t- �6 R - 3 4 .rl.,.. ' -. aJ4 • .1 tf„,,.,..,..4 , TO /t9 39Vd S3NOf QNVMQ3 0T0598PL06 EL:4T 6003 /30 /LT December 3, 2009 Regarding Rezone Case 10 -008 To the KIB Planning and Zoning Commission: As the authorized representative for the land owner, Lester Lee Russell, I would like to clarify the rezone application with regards to the requested rezone boundary. Concurrent with this request, Mr. Russell had agreed to sell a portion of Lot 7 to another party and that transfer was addressed in Abbreviated Subdivision Case S10 -004. As the abbreviated plat was granted preliminary approval on 23NOV09, we would ask that you adjust the requested rezone boundary amendment to conform with that preliminary plat. Sincerely, ~-1,14‘, Daniel L. Nelson, Agent for Case 10 -008 MASTER GUIDE-OUTFITTER Dick Rohrer P.O. Box 2219 Kodiak, Alaska 99615 Ph: (907) 486 -5835 Fax: (907) 486 -5800 rrohrer@alaska.com BF CAMF, INC. Kodiak Island Borough Community Development Department 710 Mill Bay Rd Kodiak,, Alaska Dec. 3, 2009 . Mr. Dvorak, FARE CHASE HUNTING Brown Bear Mountain Goat Sitka Blacktail Deer Family Trips Fishing This letter is in response to `our conversation in your office yesterday concerning the requested rezone of Lot 7 Industrial Park Subdivision to R3. Samuel Rohrer and I recently purchased. Lot 8. because of its current zoning as Light Industrial. We have no intention, to include Lot 8 in this rezone request. On October 15, 2009 Leroy and Bonnie. Russell gave me Power of Attorney specific to all matters: relating to the subdivision and replatting of Lot 7 Industrial Park Subdivision. (See Attached) On November 23, 2009 The Kodiak Borough Community Development Department granted preliminary approval for the subdivision of Lot 7 creating Lots 7A & 7B. Case S 10 -004. It is the intent of Mr. and Mrs. Russell that only the larger lot resulting from the subdivision of Lot 7 be included in the rezone request in question. The smaller resulting lot of the Lot 7 subdivision will .therefore retain the existing zoning. Regards, Richard A. Rohrer FILE ar POWER OF ATTORNEY (SPECIFIC) KNOW ALL MEN BY THESE PRESENTS, THAT I, LESTER.LEROY RUSSELL AND BONNIE J RUSSELL, whose address is 722 SUGAR AVENUE, ONTARIO, OREGON 97414, have made, constituted, and appointed RICHARD A ROHRER, whose address is PO BOX 2219, KODIAK, ALASKA 99615, my true and lawful attorney, for me and in my name, place and stead, and for my use and benefit, to make, seal and deliver, to bargain, contract, agree for, purchase, receive and take lands, tenements, heredifaments and accept the seizing and possession of lands, deeds and other assurances and to lease, let, demise, bargain, sell, remise, release, convey, mortgage, and hypothecate lands, tenements and hereditaments, upon such terms,and conditions and under such covenants as he/she shall think fit, and to sign, seal, execute, deliver and acknowledge such deeds, leases and assignments dfleases, covenants, indentures, agreements, mortgages, bills, notes, receipts, evidences of debts, releases and satisfactions of mortgages, judgments and other debts and such other instruments in writing of whatsoever kind and nature as may be necessary or proper in the premises, with regard to the following described' real property: All matters related to the subdivision and replotting of LOT SEVEN (7), INDUSTRIAL PARK SUBDIVISION, according to Plat No. 92.27, Iocated In Kodiak Recording District, Third .Judklal District, State of Alaska. Giving: and' granting unto my said attorney MI power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all Intents and purposes as I might or could do it personally present hereby ratifying and, confirming all that my said attorney shatliawfuttydo.or cause to be done by virtue of these present IN WITNE, EREOF, I have hereunto set my hand and seal this 15 day of Pipe I.of2 Pewit of Attorney iftwcelliuRohml Rezone Area, Case 10 -008, Retail Business to R3- Multi- family Residential Sheet 18 SHEET 18 ARK LAKE BEAVER Borough Ballfields 1,1B-2 swig rrt�IAN TRACT "A" LOT 8 Wal- Mart TRACT B Kodiak Urban Area 100 MO ]W IGU 500 ,Q0 r!pdn,ad a,ap,a7 ('4 ttr ,flF Tnr14 alr nrennrlarlr Table 3.8 Kodiak Island Borough Population by Age and Sex, and Components of Change, 2006 - 2030 July 1, 2006 Estimate Age Total Male Female 0 -4 5 -9 10 -14 15 -19 20 -24 25 -29 30 -34 35 -39 40 -44 45 -49 50 -54 55 -59 60 -64 65 -69 70 -74 75 -79 80 -84 85 -89 90+ 1,119 1,179 1,236 1,133 679 739 944 1,118 1,134 1,119 980 831 512 306 202 124 73 50 28 Total 13,506 Median Age 33.5 560 628 606 607 349 364 480 569 585 614 534 439 279 164 101 62 37 28 8 559 551 630 526 330 375 464 549 549 505 446 392 233 142 101 62 36 22 20 7,014 6,492 34.1 33.0 July 1, 2015 Projected Age Total Male Female 0 -4 5 -9 10 -14 15 -19 20 -24 25 -29 30 -34 35 -39 40 -44 45 -49 50 -54 55 -59 60 -64 65 -69 70 -74 75 -79 80 -84 85 -89 90+ 985 984 1,098 953 876 1,018 779 760 849 973 1,004 921 754 620 346 190 100 51 37 505 504 572 510 434 548 405 370 428 507 534 516 401 333 188 98 45 21 17 480 480 526 443 442 470 374 390 421 466 470 405 353 287 158 92 55 30 20 Total 13,298 6,936 6,362 Median Age 34.7 34.9 34.6 July 1, 2010 Projected Age Total Male Female 0 -4 5 -9 10 -14 15 -19 20 -24 25 -29 30 -34 35 -39 40-44 45 -49 50 -54 55 -59 60 -64 65 -69 70 -74 75 -79 80 -84 85 -89 90+ 962 493 469 1,184 615 569 1,164 616 548 1,034 514 520 960 521 439 760 397 363 806 393 413 946 476 470 1,057 549 508 1,093 581 512 1,022 571 451 831 443 388 708 381 327 398 220 178 239 127 112 151 72 79 78 33 45 44 19 25 40 21 19 Total 13,477 7,042 6,435 Median Age 34.2 34.6 33.8 July 1, 2020 Projected Age Total Male Female 0-4 5 -9 10 -14 15 -19 20 -24 25 -29 30 -34 35 -39 40-44 45-49 50 -54 55 -59 60 -64 65 -69 70 -74 75 -79 80 -84 85 -89 90+ 993 509 484 1,006 515 491 885 454 431 884 465 419 791 425 366 933 460 473 1,047 561 486 730 380 350 660 321 339 772 389 383 884 461 423 903 481 422 838 469 369 667 353 314 549 290 259 281 149 132 130 65 65 65 28 37 40 16 24 Total 13,058 6,791 6,267 Median Age 35.0 35.1 34.8 Source: Alaska Department of Labor and Workforce Development, Research and Analysis Section, Demographics Unit Alaska Population Projections- • 2007 -2030 65 Table 3.8, cont. Kodiak Island Borough Population by Age and Sex, and Components of Change, 2006 - 2030 July 1, 2025 Projected July 1, 2030 Projected Age Total Male Female Age Total Male Female 0 -4 953 488 465 0-4 838 429 409 5 -9 1,015 520 495 5 -9 972 498 474 10 -14 911 468 443 10 -14 921 473 448 15-19 653 338 315 15 -19 689 356 333 20 -24 730 385 345 20 -24 512 265 247 25 -29 848 452 396 25 -29 783 409 374 30 -34 961 471 490 30 -34 871 462 409 35 -39 1,008 542 466 35 -39 919 450 469 40-44 632 331 301 40-44 914 495 419 45-49 590 286 304 45-49 563 296 267 50 -54 692 348 344 50 -54 519 251 268 55 -59 783 408 375 55 -59 601 302 299 60 -64 821 436 385 60 -64 702 365 337 65 -69 749 418 331 65 -69 732 386 346 70 -74 597 311 286 70 -74 671 368 303 75 -79 459 236 223 75 -79 503 255 248 80 -84 203 104 99 80 -84 345 172 '173 85 -89 86 41 45 85 -89 137 68 69 90+ 49 21 28 90+ 63 29 34 Total 12,740 6,604 6,136 Total 12,255 6,329 5,926 Median Age 36.5 36.7 36.3 Median Age 38.0 38.0 37.9 Population and Components of Population Change, 2006 -2030 2006 -2010 2010 -2015 2015-2020 2020 -2025 2025 -2030 Population at Start of Period 13,506 13,477 13,298 13,058 12,740 Population at End of Period 13,477 13,298 13,058 12,740 12,255 Average Annual Births 204 212 217 211 198 Average Annual Deaths 72 73 80 90 101 Average Annual Net Migrants -139 -175 -185 -185 -194 Average Annual Change -7 -36 -48 -64 -97 Average Annual Percent Change -0.05% -0.27% -0.36% - 0.49% -0.78% • Average annual numbers are rounded to whole numbers. Source: Alaska Department of Labor and Workforce Development, Research and Analysis Section, Demographics Unit Alaska Population Projections • 2007 -2030 66 Planning and Preparing Proposals for Annexation to Cities Prepared by: Local Boundary Commission Staff Division of Community & Business Development Alaska Department of Community and Economic Development revised September.21.2000 Proper planning can be critical to the success of any annexation proposal. This is particularly true if the proposal is complex or likely to be controversial. Encourage Public Participation in Planning for Annexation Participation in the annexation planning process by city residents and those who live, work, and /or own property in the area proposed for annexation should be encouraged. If the city is within an organized borough, officials of the borough should also be invited to participate. If the annexing city is in the . unorganized borough, the city should confer with agencies and organizations currently providing local services to the area contemplated for annexation (e.g., regional educational attendance area). When considering the size of the area to be proposed for annexation, identify all proximate areas that are integrated with the community and that may reasonably warrant inclusion within the city during the next decade. Development of an annexation petition requires a substantial commitment of time and energy. Therefore, municipal governments, residents and property owners are often better -served if municipal boundary changes are few in number and comprehensive in scope rather than small and piecemeal. The product of the planning effort should form the basis of the annexation petition. Page I (Th Define Objectives The annexation planning process typically begins by developing a statement of what is intended to be accomplished through annexation. The following are often cited by cities in Alaska as objectives for annexation: 1. To remedy inequities faced by city taxpayers. For example, it may be that city services are being provided to non - residents without commensurate taxes, user fees, or other adequate revenues. Often, businesses within a city will be subject to both higher property taxes and higher sales taxes than businesses located in the adjoining area outside the city. Businesses inside the city may consider themselves to be unfairly burdened and to be at a significant competitive disadvantage under such circumstances. 2. To reduce the city's exposure to liabilities. Cities may choose to provide services such as fire protection or police protection outside their corporate boundaries even though the city may lack clear extraterritorial authority under AS 29.35.020 to do so. In other cases, there may be clear legal authority to provide extraterritorial services such as emergency medical services, however, residents and property owners inside the city may be deprived of timely receipt of emergency services because city resources were committed outside the city's boundaries. 3. To provide services needed by an outlying area. Often residents of areas adjacent to a city request services from the city, such as police protection, fire protection, emergency medical services, road maintenance, and utilities. 4. To promote orderly growth and development or to abate threats to public health and safety through platting, land use regulation, and other powers. Page 2 5. To promote greater efficiency in governmental operations. A city may be able to achieve improved economies of scale by serving a larger area. Additionally, a city may seek annexation of territory to eliminate or avoid the creation of another governmental unit in accordance with Article X, Sections 1 & 5 of Alaska's constitution. 6. To include areas undergoing growth and development outside the corporate boundaries of the city in order to provide political boundaries that more fully reflect the actual community as defined by economic, sociological, physical, and cultural characteristics. 7. To enfranchise individuals. Residents of outlying areas may be a part of the greater community served by the city, but because they live on the other side of an artificial political boundary, those individuals are not allowed a voice in city government. Annexation would allow those individuals to be appointed to city boards and commissions, hold elective office in city government, and vote in city elections. B. To provide more orderly boundaries .: m m m# eliminating confusion and uncertainty regarding whether a particular property is inside the city. This is especially important for the timely delivery of emergency services. 9. To protect or enhance the city's tax base in order to provide more reasonable taxes for all who benefit from city government and /or to increase the bonding capacity of the city. 10. To lower utility rates. Some cities impose utility surcharges to areas served outside the boundaries of the city. I I. To lower fire insurance premiums. Often fire insurance premiums are lower for properties within the boundaries of a city. Page 3 Consider Likely Arguments in opposition to Annexation In planning for annexation, it may be useful to anticipate arguments from those who may oppose any proposal to extend the boundaries of the city. The following arguments are often advanced by critics of city annexations in Alaska. I. Annexation is unnecessary or unwise. Opponents of annexation may assert that they chose to live outside the jurisdiction of a city to pursue a lifestyle free from intrusive local government. Frequently, annexation to a city is equated with a diminution of the personal freedom of residents of the area proposed for annexation. 2. The city lacks adequate resources to extend its services within expanded boundaries. The annexing city may be characterized as deficient in terms of its delivery of services to areas already within the city. Critics may assert that annexation will only exacerbate the annexing city's deficiencies. Critics sometimes express the unrealistic expectation that the annexing city will be obligated to extend utilities, sidewalks, paved streets and other . " amenities to the territory proposed for annexation. 3. Annexation is just a "cash cow" for the city. Opponents to city annexation may characterize the annexing city as being driven by greed and thus being inherently objectionable. 4. Residents of the area proposed for annexation already provide commensurate support to the city. They pay sales taxes for goods and services purchased within the city, they serve as volunteer firefighters, and they pay user fees for city services. 5. Residents may lose certain privileges and entitlements if annexed. These may include eligibility to participate in the rural housing loan program of the Alaska Housing Finance Corporation. 6. The area proposed for annexation is not compatible in character with the annexing city. Residents and property owners in areas proposed for annexation commonly assert that they are 'rural' folk with lifestyles and service needs quite different from those of 'city' people. Residents wish to retain the rural character of their area and oppose annexation as a step toward greater urbanization. They oppose municipal animal control, regulation of firearms, and other ordinances, regulations, and license requirements of the city. Page 4 7. Residents and businesses outside the city chose to build and live there in order to avoid government regulation and taxes for services they do not wish to have. 8. There is distrust of the government and politics of the city. Frequently, opponents of city annexation assert that they moved to the area proposed for annexation with the intention of 'getting away' from government regulation. 9. The city is unable to finance the additional services expected by residents of the area proposed for annexation. Annexation would be a financial drain upon the city for many years. Services may not be extended to new areas without adversely affecting in -city service levels or without utility rate increases. 10. Existing police or fire services may be overextended by annexation, reducing the level of protection to the entire community. 1 1 . It cannot be presumed that it will be more economical for the city to provide services to a larger area, Extending the service area may cost much more for each unit than the existing per unit cost. 12. Annexation, particularly annexation by the legislative review method that does not require voter approval for annexation, is anathema to democracy. Non- resident owners of property in the area may consider it unfair that they are not extended special procedural status in the annexation process. Consider Alternatives to Annexation Once the objectives have been defined and potential arguments against annexation considered, city officials should determine whether there are alternatives to annexation that may be more suitable means of accomplishing the objectives. For example, an alternative to annexation as a way to remedy inequities and reduce liabilities might be to eliminate all extraterritorial services delivered by the city. Of course, such alternatives may have serious shortcomings. Eliminating all extraterritorial services including police, fire protection, and emergency medical services may be morally unacceptable for the community as a whole. Other alternatives to annexation that are often proposed include: (I) increasing property and other taxes within the present city boundaries, (2) establishing borough (organized or unorganized) service areas to provide services, and (3) imposing or increasing user fees on non - residents. Page 5 termine which Method of Annexation is Best Suited If city officials choose to pursue annexation, the planning effort should address which particular method of annexation would be best suited to accomplish the objectives (see: "Background on Annexation of Territory to Cities" prepared by LBC staff, 9/21/00). The method selected will determine the timing and other characteristics of the proposal. Consider the Standards that Govern Annexation Careful consideration should be given to the criteria established in law governing the nature of territory that may be annexed to cities. These are found in AS 29.06.040 and 3 AAC 110.090 — 3 AAC 110.150. A summary of these standards is provided in "Background on Annexation of Territory to Cities" prepared by LBC staff on September 21, 2000. The standards will be particularly useful in defining what territory should be included in the annexation proposal. Consider how Annexation would be Implemented State law (3 AAC 1 10.900) requires that every annexation proposal include a transition plan explaining how annexation will be implemented. The plan must demonstrate: A. The intent and capability of the city to extend essential city services [as defined by 3 AAC 1 I 0.990(a)(8)] into the territory proposed for annexation in the shortest practical time following annexation (not to exceed two years); B. The manner in which the city will assume all relevant and appropriate powers, duties, rights, and functions presently exercised within the territory proposed for annexation; C. The manner in which the city will assume and integrate all relevant and appropriate assets and liabilities of entities providing those services to the territory that will be assumed by the city without loss of value in assets, loss of credit reputation, or a reduced bond rating for liabilities; and 0. That the plan was prepared in consultation with entities currently responsible for or otherwise providing those services to the territory that will be assumed by the city. Page 6 The transition plan should specifically address: I. What specific powers, services, taxes, license requirements, and zoning or other regulations will be extended to the area proposed for annexation; 2. What schedule will guide the extension of powers, services, and taxes, license requirements, and regulations; 3. Whether differential tax zones or other special circumstances are contemplated in conjunction with anticipated levels of services and taxes in the area proposed for annexation; 4. What costs are reasonably anticipated in connection with the proposed extension of powers, services, taxes, license requirements, and zoning or other regulations; 5. What revenues are reasonably anticipated to be gained by the city as a result of annexation; 6. What financial impacts annexation would have on other governments; 7. What assets and liabilities the city will assume from agencies and organizations currently providing services to the area proposed for annexation; Transition Pion 8. Plans for transition of relevant local laws currently in place in the city; 9. The effect that annexation will have on powers or services currently provided or exercised by an organized borough in the area; Page 7 10. If the territory proposed for annexation is within one or more service areas of an organized or unorganized borough, how annexation will affect the nature of the service area (e.g. abolition or detachment of territory). Public Hearing Although not required by current law, a public hearing before the city council is an effective and appropriate means to maximize the effectiveness of the annexation planning process. ;%BUC HEARING Ideally a draft of the, prospective annexation petition will be made available for public review prior to the public hearing. Additionally, a summary Of the annexation proposal, including a map of the territory proposed for annexation, synopsis of the application of the annexation standards to the proposal by the prospective petitioner, and an outline of the reasonably anticipated effects of annexation will also be available for public review in advance of the hearing. Public notice of the hearing should be given in the manner provided for a hearing of the Local Boundary Commission under 3 AAC 110.550. The hearing should be held at a convenient location in or near the territory proposed for annexation. It should provide for a period of comment on the proposal from members of the public. Appropriate hearing topics include: (1) annexation standards and their application to the annexation proposal; (2) proposed method for annexation; and (3) the reasonably anticipated effects of the proposed annexation. It would be fitting to include a transcript or detailed account of the hearing as an appendix of the petition. Technical Assistance, Forms, and Sample Materials Available Local Boundary Commission staff are available to provide technical assistance, petition forms, and sample annexation materials to prospective petitioners, prospective respondents (those favoring or opposing annexation), and to other interested individuals and groups. Page 8 For more information about annexation of territory to a city or the Local Boundary Commission contact: Local Boundary Commission Staff Department of Community and Economic Development 550 West 7th Avenue, Suite 1770 Anchorage, Alaska 9950 I -3510 Telephone: 269 -4559 Fax: 269 -4539 E -mail: Dan Bockhorst @dced.state.ak.us Information about annexation to cities is also available on the Local Boundary Commission's Internet website at http://www.dced.state.ak.usimra/Mrad_lbc.htm Page 9 VI B KODIAK ISLAND BOROUGH . COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-E, PUBLIC HEARING NOTICE A public hearing, will be held on Wednesday, December 16, 2009. 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: APPLICANT: REQUEST:, LOCATION: ZONING: 10 -008 Lester Leroy Russell An investigation, according to KIBC 17.205, of 'a. rezone ,tom R13- Retail Business to R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial park Subdivision. 2522 & 2620 Solid Lane RB- Retail Business This notice is being sent to you because our records indicate you are a property ownerfmteiested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the;Community Development Department prior to the meeting. 'lf you would ]ice to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please eon in your comments during the appropriate public hearing, section of the meeting. The local •Call -ln telephone number is 486 -3231: The toll free telephone urn:Owls 1 -800- 478 -5736. One week prior t0 the regular meeting, on Wednesday, December 9, 2009, a work session will be held at 7:30 p.m in the Kodiak Bland Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the ,Commission's decision on this request. If you have any questions about the request or your appeal tights, please fool fret to call us at486 -9363. OA-Ai-6 .1- ti"l�50, -Q .�YntGng Addraa; i'O. ... t.0) Your Name: . 1'onrprepntydasciption:_) St.('4UF�f+F[! -{: _ G°.[< . Comments: .. , , .td" 4 Gt tom. a !Q'• 3 /l�.• _ - t]-*�artaTha `-- c :ti r...,,Y, ,76.„ kn:c G.. 1 r"' 4 XJu- "v-t • -el t , • • S0 /T0 39dd S340C Oyb'M03 0TB99BDG06 EZ :bT 600E /Z0 /tt Dec 15 09 09:14a Saunaers ri4x -c7. r-3 (4)� 907 -4tti -3090 Le 0 rtl /11 v rti i 1-1 p.1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 Public Hearing Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 2009. 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 (rear comments if any, on the following request: CASE: 10 -008 APPLICANT: Lester Leroy Russell REQUEST: An investigation, according to KIBC 17205. of a rezone film RB- Retail Business S R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision, LOCATION: 2522 & 2620 Selief Lane ZONING: RD-Retail Business This notice is being sent to you because our records indicate you are a property owner /interested party iu 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 Depanment prior to the 'fleeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number Is i -800 -478 -5736. One week prior to the regular meeting, on Wednesday, December 9, 2009, a work session will be held at 7 :30 p.m. in the Kodiak Island Borough Conference Room (#121). to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request, lfyou have any questions about the request or your appeal rights. please feel free to call us al 486 -9363. Your Name: c+OYfN .5 A-4.4.02)4-45 Mailing Address: P& CX 3 ®9 ✓ rya Your property description: ..30"I SHk$#FI�4 ef. toi /8��.y� Comments: . *61 AtsAvQsr RE.'11%R%/.t%6 774-is etopenr e As riCivegest » #-vE .4 x}20Jim 4v,771 PFoPt f fi_amM& rig0Al 'r4E 5FL!Fr 4 B-t 4eK .44±9}5 i� ctT r z -i�Prrce r_ 4ata -l'r T GET 7 I g_ _t. ,th 4 2#t..4'lf)2r' 74ATh arNE2 *T /oats T1`*6 /l1 o Il r/f t 5rtsr o - r✓Ltel.G� , KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710; Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 2009. 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: APPLICANT: REQUEST: LOCATION: ZONING: 10 -008 Lester Leroy Russell An investigation, according to KIBC 17.205, of a rezone from RB- Retail Business g R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. 2522,& 2620 Selief Lane RB- Retail Business This notice is being sent to you because our records indicate you area property ownerlinterested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below of in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would.like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486-3231. The toll free telephone number is1- 800 -478 -5736: One week prior to the regular meeting, on Wednesday, December 9, 2009, a work session will be held at.7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for` the case. Kodiak Island Borough Code provides you with specific appeal rights if you, disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to can us et 486 -9363. ?�/ , Your Name: it4 /1444 Mailing Address:-,iJYXL/�1�.CflfL,tFl1 . Your property description: l�,'c2, % - Comments: •/ -- -re n 2P' -.? i �, e_ ...--e_ ,,sr � Li x.7,4 l silts J s''.f,/ sA'�d O ielorr./J2i.,,, i 91i ,.�et-sr,1 ,d%'.�Se l 'i - / i //. , 7 r!' /. /, T / / D rC 1 6 2009 .j VI B Dec 1 4p - 4/56 — ` c J to L. do -✓ri N.1 I> r Lie L,/ ,. K+ODIAK ISLAND BOROUGPI COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak- Alaska 99615 Public Dearing Item VI -E p.1 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 2009. The meeting will begin' at 7:30 p.tn, in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear coniments if any, 013 the following'requese CASE: APPLICANT: REQUEST: LOCATION: ZONING: 10-008 Lester Leroy Russell An investigation, according to KIBC 17.205, of a rezone from RB- Retail Business .R3 -Multi Family Residential. for Lot 7 and Tract A, Industrial Park Subdivision. 2522 & 2620 SeliefLane RB- Retail Business This notice is being sent to you because oar records indicate you uare .a property tberequest. I1 you do not wish to testify verbally. you may provide your comments to the Community Development Department prior to the.meeeting. If you would ownerlinterested in the space like. to fax your please moil -in telephone number session will be for the case. disagree with rights. please party in the area of below or in a letter comments to us. in your comments Is 486- 3231. , held at 7:30 p.m:. the Couunission's our fax number is: (907) 486.9396. If you would like -to` testify via telephone. during the appropriate public hearing section of the meeting. The local call The toll free telephone number is 1- 800478 -5736. One week prior to the regular meeting, on Wednesday, December 9. 2099, a work in the Kodiak Island Borough Conference Room Cfil21). to review the packet material Kodiak Island Borough Code provides you with specific appeal rights if you decision on this request. If you have any questions about the request or your appeal at 486 -9368, ��7, �/� j /_ Ai/ matting Addresss :: Your Name: F / /1t.Z //(�.J fd",'cy-.'l`i!`'il!z�J/l� feel free to call us / Your property, descripaoe: 2/ J7 4e/teT ht/�( .,,. ('t eC /� .P�: , Comments: -f 411y 6, "oil.. rejo«t 4 3_ .:Z • December 15, 2009 Case: 10 -008 Chairman and Board Members, As a property owner in the affected area of this rezone request, our concerns are as follows. The property is currently zoned R -B Retail Business, which is consistent with the adjacent and surrounding properties, i.e., Safeway, WalMart, Petro Express, Mill Bay Storage, Threshold Recycling, Impound Lot and private storage lots. Rezoning should take into account near term and long term future effects when deciding how our community utilizes its' resources to make for an efficient, functional and aesthetically pleasing municipality. Rezoning this particular property to multi - family residential would NOT be consistent with neighboring land zoning. We think any multi - family housing within the middle of a commercially zoned business park area is poor planning. This immediate area has been and continues to be a growing Business District. Multi- Family housing in this area would not serve the future housing residents and community at large advantageously. The views of the back side of business establishments are not aesthetically pleasing. This is where companies collect garbage, store cardboard, discarded store fixtures, electrical appliances, etc. This would create an unpleasant and possibly a dangerous environment for any future Multi - Family residents. Since this area is continuing to develop in to a growing business district and is still formulating, we feel that it is in the best interest of the borough and the surrounding land owners for this property to remain as RB Retail business. Respectfully, Maryjane Rpgp'Fs 445 Shahafka Cr (/ Kodiak, AK 99615 LOT 4A -1, 4A -2, and 4A -3 Shahafka Subdivision ‘in DEC 1 6 2009 COMMUNITY DEVELOPMENT DEPARTMENT Dec 16 09 06:33p Wdiiasmith Const. Serv. In 90486-8678 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E p.I PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 2009. 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: APPLICANT: REQUEST: LOCATION: ZONING: 10-008 Lester Leroy Russell An investigation, according to KIBC 17.205, of a rezone RB- Retail Business 1st R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. 2522 & 2620 Selief Lane RE-Retail Business This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. if you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Developtnent Department prior to the meeting. if you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1 -800- 478 -5736. One week prior to the regular meeting, on Wednesday, December 9, 2009, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name:C5'Q // a.:7V /J /i. Melling Address:4- -.% + { `,I, /�1GbF.l• Your property dees^eripuon: ,+C,3 Ll�}{i t°S; � ,.,_,[�.ca Iris /,or� /',Vr /S /hoe. Comments: .... i . t4j ircitii (2 / %7"fe re) e-le fU >`ilA.1 1; -f' /;/7 ( rl``; co, ° 1 /7f=' 'ro r'J "7".,1 ° 0 i t �.. )i, li�" 4//4'?'/ hs���. -' . /'iDo 7lf.�tC - {-1'f 2 :J :•9..c /.'V J sizs (K-2--1 • / eel r'; :i )- / % J?E i 7 427z, 0op. 6'i.:,/ .-I 0/2(-2, :in %0 e 7!7/x' Ac ',%7/ /,..•.:: !•'tic:zr:r,� /90;.,/J1 reJ �` ' Y0 'Z ..c::.s'! /J { r ' 6 t t 4 G o(#7r/ / 2 4 - , . /10/::). ` :c2/a Nil)/ :t`::r}i>, r Qce1✓ed to Ici +e to be 8tven k-o C6mmt56ton a1 V hQt( December 1m,2009 reQ m¢8 December 15, 2009 Case: 10 -008 Chairman and Board Members, As a property owner in the affected area of this rezone request, our concerns are as follows. The property is currently zoned R -B Retail Business, which is consistent with the adjacent and surrounding properties, i.e., Safeway, WalMart, Petro Express, Mill Bay Storage, Threshold Recycling, Impound Lot and private storage lots. Rezoning should take into account near term and long term future effects when deciding how our community utilizes its' resources to make for an efficient, functional and aesthetically pleasing municipality. Rezoning this particular property to multi - family residential would NOT be consistent with neighboring land zoning. We think any multi - family housing within the middle of a commercially zoned business park area is poor planning. This immediate area has been and continues to be a growing Business District. Multi- Family housing in this area would not serve the future housing residents and community at large advantageously. The views of the back side of business establishments are not aesthetically pleasing. This is where companies collect garbage, store cardboard, discarded store fixtures, electrical appliances, etc. This would create an unpleasant and possibly a dangerous environment for any future Multi - Family residents. Since this area is continuing to develop in to a growing business district and is still formulating, we feel that it is in the best Interest of the borough and the surrounding land owners for this property to remain as RB Retail business. Respectfully, d Maryjane R 445 Shahafka Cr Kodiak, AK 99615 LOT 4A -1, 4A -2, and 4A -3 Shahafka Subdivision Dec 16 09 03:24p �,... -1-79X ‘7/116 — 7 3 (0 (__. o /✓1 Ifl 0 k/ KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E p.1 PUBLIC HEARING NOTICE A public heating will be held on Wednesday, December 16, 2009. 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: APPLICANT: REQUEST: LOCATION: ZONING: 10 -008 Lester Leroy Russell An investigation, according to KIBC 17.205, of a rezone faun RB- Retail Business rM R3 -Multi Family Residential, for Lot 7 and Tract A, industrial Park Subdivision. 2522 & 2620 Selief Lane RB- Retail Business This notice is being sent to you because our records indicate you are a property owner /interested party iu 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 comsnencs 10 us. our fax number is: (907) 436.9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday. December 9, 2009, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room V #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Com11116. on's decision on this request. If you have any questions about the request or your appeal rights. please feel free to call us a1486 -9363. //f ) / Your Name_ //ta P.0 /p'Gi ///7/ Moiling Address: `//ze Your property dc,cr'pclou: 2� / C sJ e/i er La Y[�. / Comments: -fir et. /y &/D/901e--- c&IOni y 41 43- KO IAK .ISLAND 130ROUtyll COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 2009. 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: 10 -008 APPLICANT: Lester Leroy Russell REQUEST: An investigation, according to KIBC 17.205, of a rezone from RB- Retail Business to R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. LOCATION: 2522 & 2620 Selief Lane ZONING: RB- Retail Business This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public bearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, December 9, 2009, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363,n/ /1 Your Name: L %%5 /7:714 Mailing Address: • ,_ // // -/ , Your property description: ib c2Y ' Camsueulssue: ��## �/ �,Z7 / � '}r' rn /3 % aYt- ' e...1.-972j 1e 9tVd . ." al j/� -2d J f i, / / / �r - i ,, - ✓ . - -r T _< 'o // /// :/ ./' / / ' . lI _ 1 - L// f /it. G _ i/ 1Ji i �4 o ' ,/ , -ef h :,. ,., ,, • .. < <, .40 / ' . f. ZI' a/ .c. z/ r , '/_ /. i /. /. e" �!/ ) IDECi62OO9 COMMUNITY DEVELOPMENT DEPARTMENT c Current 1 e tion investigation; L ;carding roily Residential rand :Tract& Industrial ubd liftmen: The: omegas RB f etail B srne s ._ Legend Notification Area Subject Parcels Map prepared for the purpose of showing the General location al the Kodiak Urban area. Junin 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways. Roads, Streets., Alaska D.O.T. Sept. 2002 Contour infarmalion<USGS Digital Elevation Model Kodiak, Alaska 50 foot letenats, Scale is 1:63,360 Cleated to ArvGIS g, NAD 27 State Plane 5 Parcel Information is taken from selected Raids in the current computerized properly records in Me Assessing Dept. This data has not Son nconciled with dote contained in manual files which may be more 0p40 -date. Kodiak Island Borough Community Development Department. Dec 15 09 09 :14a Saunaers 907- 466 -3090 p.1 7.=-79X — Y it) b— tJtoJ (,0 rrY1Al0 ev 11'1 VeQ KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak. Alaska 99615 • Public Hearing Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 2009. 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; APPLICANT: REQUEST: LOCATION: ZONING: 10-008 Lester Leroy Russell An investigation, according to KIBC 17.205, of a rezone kgra RB- Retail Business to R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision, 2522 & 2620 Setief Lane RB- Retail Business This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally. you may provide your comments in the space below or in a letter to the Community Development Department nrior to the meeting. If you would like to fax your continents to us, our fax number is: (907) 486 -9396. If you would tike to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The Iocal call -in telephone number is 486 -3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, December 9, 2009, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request, if you have any questions about the request or your appeal rights. please feel free to call us at 486 -9363. Your Name: c+-: 0W( 5 4ts/A064S Mailing Address: (v Sax A307 Your property description: .3o Sw.Cs4 P-pot 62. Lo r 28 Comments: . /tie F%*/A,ibr f SZGW/) 7-4/5 neoP en As EA Ar * ye . Yyt Aro Pt. — f1s^+rslilJS: rent 7't+E se Lip r- it 434L4- '`tK 42tfl5, /C-46777.0 6. - Rou.64 jiIi/ 40eart 743 4er T alitt✓ sigr eum oiNete em'S7"'re/R- r.0,0s 72k 7»O /l)oltT 4 arFST = %d!�^� tom/ December 3, 2009 Regarding Rezone Case 10 -008 To the KIB Planning and Zoning Commission: As the authorized representative for the land owner, Lester Lee Russell, 1 would like to clarify the rezone application with regards to the requested rezone boundary. Concurrent with this request, Mr. Russell had agreed to sell a portion of Lot 7 to another party and that transfer was addressed in Abbreviated Subdivision Case 310 -004. As the abbreviated plat was granted preliminary approval on 23NOV09, we would ask that you adjust the requested rezone boundary amendment to conform with that preliminary plat. Daniel L. Nelson, Agent for Case 10 -008 MASTER GUIDE•OUTFITTER Dick Rohrer P.O. Box 2219 Kodiak, Alaska 99615 Ph: (907) 486 -5835 Fax: (907) 486 -5800 rrohrer@alaska.com BEARCA r llr INC. Kodiak Island Borough Community Development Department 710 Mill Bay Rd Kodiak, Alaska Dec. 3, 2009 Mr. Dvorak, FARE CHASE HUNTING Brown Bear Mountain Goat Sitka Blacktail Deer Family Trips Fishing This letter is in response to our conversation in your office yesterday concerning the requested rezone of Lot 7 Industrial Park Subdivision to R3. Samuel Rohrer and I recently purchased Lot 8 because of its current zoning as Light Industrial. We have no intention to include Lot 8 in this rezone request. On October 15, 2009 Leroy and Bonnie Russell gave me Power of Attorney specific to all matters relating to the subdivision and replatting of Lot 7 Industrial Park Subdivision. (See Attached) On November 23, 2009 The Kodiak Borough Community Development Department granted preliminary approval for the subdivision of Lot 7 creating Lots 7A & 7B. Case S10-004. It is the intent of Mr. and Mrs. Russell that only the larger lot resulting from the subdivision of Lot 7 be included in the rezone request in question. The smaller resulting lot of the Lot 7 subdivision will therefore retain the existing zoning. Regards, Richard A. Rohrer FILE a POWER OF ATTORNEY (SPECIFIC) KNOW ALL MEN BY THESE PRESENTS, THAT I, LESTER LEROY RUSSELL AND BONNIE J RUSSELL, whose address is 722 SUGAR AVENUE, ONTARIO, OREGON 97914, have made, constituted, and appointed RICHARD A ROHRER, whose address is PO BOX 2219, KODIAK, ALASKA 99615, my true and lawful attomey, for me and in my name, place and stead, and for my use and benefit, to make, seal and deliver, to bargain, contract, agree for, purchase, receive and take lands, tenements, hereditaments and accept the seizing and possession of lands, deeds and other assurances and to lease, let, demise, bargain, sell, remise, release, convey, mortgage, and hypothecate lands, tenements and hereditaments, upon such terms and conditions and under such covenants as he/she shall think fit, and to sign, seal, execute, deliver and acknowledge such deeds, leases and assignments of leases, covenants, indentures, agreements, mortgages, bills, notes, receipts, evidences of debts, releases and satisfactions of mortgages, judgments and other debts and such other instruments in writing of whatsoever kind and nature as may be necessary or proper in the premises, with regard to the following described real property: All matters related to the subdivision and replatting of LOT SEVEN (7), INDUSTRIAL PARK SUBDIVISION, according to Plat No. 92-23, located In the Kodiak Recording District, Third Judicial District, State of Alaska. Giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present hereby ratifying and confirming all that my said attorney shall lawfully do or cause to be done by virtue of these present /O IN WITNE�$ ! HEREOF, I have hereunto set my hand and seal this 1t day of cc�i 20 ,• Power of Money - IRoosdl to Rohrer) KODIAK ISLAND BOROUGH . COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay hoed, Kodiak, Alaska 9%15 Public Ileanng Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 2009. 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: APPLICANT: REQUEST: LOCATION: ZONING: 10-008 Lester Leroy Russell An investigation, according to KIBC 17.205, of a rezone from RE- Retail Business tit R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. 2522 & 2620 Selief Lane RE- Retail Business This notice • being sent to you becatese our records indicate you area property ownerlinterestedparty itt ilia area of fife iegaest. If you do not wish to testify verbally, you may provide your CO mments in the apace below or in a letter to the, Community Development Department prior to the meeting. If you would lute to fax your comments to us, oar fax number is: (907) 486 -9396. If you would like to testify An telephone, please all in your comments during the appropriate public hearing section of the meeting, The lowl.eall-In telephone number Is 486 -3231. The toll free telephone number's 1-800-478-5736.' One week prior to the regular muting, on Wednesday, December 9, 2009, a work session will be held st 7:30 p.m. in the Kodiak Island Borough Conference Room ( #I21), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request, If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. /� �� �� / 6,6k-L6 —1T© �.5 Oe•J Year Name: Aadrcx lc)• ... r 2i0% �MCetll�o'g z'`l7 51.{-tJ: GF" °��t Cc< , Xunr property description' Commence: 41- GIn1' 4 y — °�"'Up -`'c. ..Ci., r^-,LC G. • TO /IO 39b'd 83401" aarorlo3 OIO99OPLO6 E6 :PI 6013Z /Z0/ZI Mr. Lester Leroy Russell 722 Sugar Avenue Ontario, OR 97914 Kodiak Island Boroughs Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us November 30, 2009 Re: Case 10 -008. Request an investigation, according to KIBC 17.205, of a rezone from RB- Retail Business Lo R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. Dear Mr. Russell: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their December 16, 2009 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, November 9, 2009 at 7:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Con ,�t Sheila Smith, Secretary Community Development Department CC: Daniel L. Nelson, Sr. r KOI,iAK ISLAND BOROUGn COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 2009. 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: 10 -008 APPLICANT: Lester Leroy Russell REQUEST: An investigation, according to KIBC 17.205, of a rezone from RB- Retail Business to R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. LOCATION: 2522 & 2620 Selief Lane ZONING: RB- Retail Business This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1 -800 -478 -5736. One week prior to the regular meeting, on Wednesday, December 9, 2009, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: 29 I I - 30 -09 Current Location 2522 & 2620 Selief Ln P & Z Case # 10 -008 Lester Leroy ; . ssell Request an investigatio► according to KIBC 17.205, of a rezone from RB- Retail Business to R3 -Multi Family Residential, for Lot 7 and Tract A, Industrial Park Subdivision. The zoning is RB- Retail Business. Legend Notification Area Subject Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System. GPS centerline data. National Highway System. Highways. Roads. Streets., Alaska D.O.T. Sept. 2002 Contour infonnation:USGS Digital Elevation Model Kodiak. Alaska. 50 foot intervals. Scale is 1:63.360 Created in ArcGIS 9. NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 ROBERT & EARLENE BERG P.O. 130X 359 KODIAK, AK 99615 ODIAK ISI„Ai " •ROUGH WAL -MART STORES EAST, LP 710 PO BOX 8050 MS 0555 BENTONVIJ T F, AR 72712 JAMES &r JAN JORDAN 315 SHAHAFKA CIRCLE KODIAK, AK 99615 SETH & CHRISTINA MINYARD 308 SHAHAFKA CIR KODIAK, AK 99615 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 RUSSELL &[ DEBORAH OLSON PO BOX 71 KODIAK, AK 99615 MUSK OX STORAGE, LLC PO BOX 2827 KODIAK, AK 99615 JIMMY W ASHFORD P O BOX 703 KODIAK, AK 99615 CHARLES PEARMAN II PO BOX 8782 KODIAK, AK 99615 ANGEL MERY CRUZ 431 VON SCHEELE WAY KODIAK, AK 99615 JOHN & JOANN SAUNDERS P O BOX 2309 KODIAK, AK 99615 KARL E¢ WANDA FORTUNE P.O. BOX 2832 KODIAK, AK 99615 GARY MARTIN PO BOX 2096 KODIAK, AK 99615 DARSHA & GREGORY SPALINGER PO 130X 2635 KODIAK, AK 99615 MILL BAY PLAZA ASSOC LTD C/0 OHN CORPJWALT EBELL 2702 DENALI ST. #100 ANCHORAGE, AK 99503 SAMUEL & SARAH ROHRER PO BOX 1388 KODIAK, AK 99615 GEOFFREY SPALINGER PO BOX 1462 KODIAK, AK 99615 STANLEY SMITH P O BOX 8888 KODIAK, AK 99615 KATHLEEN BALLENGER P.O. BOX 126 KODIAK, AK 99615 DANIEL & DEBRA CANAVAN 330 SHAHAFKA CIR KODIAK, AK 99615 IAN & JUDITH FULP P.O. BOX 2306 KODIAK, AK 99615 DENNIS & DEBORA MCCUSKER 2561 BEAVER LAKE DR KODIAK, AK 99615 CRAIG & TERRIE JOHNSON PO BOX 207 KODIAK, AK 99615 LESTER RUSSELL 722 SUGAR AVE ONTARIO, OR 97914 THRESHHOLD SERVICES, INC PO BOX 8709 KODIAK, AK 99615 CASEY RUSSELL ETAL PO BOX 2359 GEARHART, OR 97138 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 ROBERT & ANIANA HOUGH PO BOX 4046 KODIAK, AK 99615 Kodiak Island Borough :: Serving tht people of Kodiak Island and the surrounding area Page 1 of 1 Kodiak Island Borough Serving the people of Kodiak Island and the surrounding area Home, Search Main Property ID 81453020060 Last Name RUSSELL Fiat Name LESTER Legal Description INDUSTRIAL PARK LT 7 Street Address 2522 SELIEF LN , Tax Code Area 1 School District KISD Exempt Code Zoning Type RE Property Use VAC Mailing Address P O BOX 9029 KODIAK, AK 99615 Land Value 221600 Misc Value 0 Building Value 0 Total Value($) 221600 This information is current as of July 2006 View this property on a map Copyright 2003 - Kodiak Island Borough http: // real. kodiakak. us / proper ty.php ?propnum = 81453020060 11/2/2009 Kodiak Island Borough :: Serving the people of Kodiak Island and the surrounding area Page 1 of 1 Kodiak Island Borough Serving the people of Kodiak Island and the surrounding area Home Search Main Property ID R7485020040 Last Name RUSSELL First Name LESTER Legal Description INDUSTRIAL PARK TR A Street Address 2620 SELIEF LN Tax Code Area _ 7 School District KISD Exempt Code Zoning Type RB Property Use VAC Mailing Address P 0 BOX 9024 KODIAK, AK 99615 Land Value 251700 Misc Value 0 Building Value 0 Total Value($) 251700 This information is current as of July 2006 View this property on a map Copyright 2003 - Kodiak Island Borough http: // real. kodiakak. us /property.php ?propnum= R7485020040 11/2/2009 t\UUIHr. IJL/11YU 17Ut%UUIJ11 - I,LinrinIUfl 1 1 L/C NGLun- Iviicni 1 1JGr-Mn 11Y1L"1.1 710 Mill Bay Rd., Room 205, K "'.AK, AK 99615 -6396 (907) 486 -9363 - F"" -907) 486 -9396 vww.klb.co.kodiak.ak.us Applicant Information /ec7r &ray Rocsell Property owner's name 7&'rSk/g4r 407. Property owner's mailing address O /271r/ j Or City State 9 Zip Home phone Work Phorie E -mail Addr. 9d8-740- 51.57.3 0708 9? 7a —1er_ Agent's name (If applicable) (DAN /r-/ Z /l/P /ag Er Agent's mailing address 7fb, z ©k 61C7 City State Zip / A.P /f/or/('.f 99I /Lr Home phone Work Phone E -mail Addr. yep 15 7 63 7 I ris ea GC' Property Information RAM-30400 60 Property //ID Number's TrA dha1Y'!A I Pd rik fi%va //,-- Legal Description r Current Zoning: P/A// Racy Psi Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: frrSr4 ! ((rP j.r (/4egn Pro sed Us of Property:: .710/n/ rP,s /Yen eft (Note: Use additional sheets, If needed, to provide a complete description of the proposed request.) Applicant Certification ! hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted In accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plant for variance and conditional use requests and which may include optional supporting documentation as Indicated below. Additional Narrative/History _ As -built Survey Photographs Maps Property Owner's Signature l /�.2s2 fPY Date Authorized Agent's ,Signature Other fi-a -0 Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. urce: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) Code Section(s) Involved: STAFF USE ONLY FICP5H 102K102125 Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance req ests, site plan review, etc.) $150.00 ,/ Zoning change from 12,3 (KIBG Kt (7.Po5 4/09 Application received by: Staff signature FICPGH !0:27 55 i0N1NG Pfi i 0 1 C.2& *in Fr Kodiak island Kodiak q;{ rim 4.14— PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per MB Assembly Resolutf Eff. July 1, 2005) 11 an Boress than 1.75 acres "1rol51.76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more $350.00 $750.00 $1,000.00 $1,500.11(1 D cos Aaalicable Kodiak Island Borough Code Application Reeulrments General 17.03.050 Approval by planting and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan.... Variance 17.66.020 Application. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.66.050 Approval or denial. "...A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be glinted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial haniship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not peanit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.66.060 Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that h may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. Conditional Use 17.67.020 Application and fee. ,. A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent. B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.67.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 1733.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development 17.34.090 Site plan requirement. Developments of more than three (3) common -wall structures shall provide a site plan containing the information required by section 17.67.030 of this title Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit. Boundary Amendment (Rezoning) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (I) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised Jan. 2004 Document2