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KILLARNEY HILLS BK 3 LT 14 - Rezone1\uu1Hr\ 1JLHINU DUt' UUlbI-1 COMMUNITY -DEVELOPMENT DEPARTMENT Case File No. Assigned CASE FILE CHECK LIST Date Application Received g-/1-83 Type of Application Date Site Plan Received Z S-17-8-3 Date Fee Paid AJ,' Amount Al Receipt Number Agi7 /7 I, Use Z for Zoning, Variances and Exceptions CUP for Conditional Use Permit LL for Land Leases V for Violations 0 for all Other cases Person Accepting Appl. 011 avaltrit Name of Applicant //Re/Id/hC e5C " 4A1eAoRQge.- i Mailing Address C/O tt ALeq S 460X 701 god la. X,i - Phone I Name of Legal Owner a -MO e, A201Qi5/IOP LOfi�/ a f?'oN (.Q�ti aL�'�, Mailing Address /©, QaryAa39, Anrciogage, Phone Legal description of Property: 17vFmy. Subdivision `//a e e( N///,g Square Footage or Acreage of Property is a).37 OJ'Jr -' P , & Z Public Hearing Date 9/A ///S3 Public Notices Mailed on- V?/ rf'3 How Many? /3 Applicant Notified of P & Z Action on 9 1I Second PubliclHearing.: Notices mailed 10/7/83 - 13 Date Date Action Summary Approved Denied P & Z Assembly Ordinance No. Date Date Tabled ist Reading fkb Date 2nd Reading Ordinance Effective Date 6.81 KODIAK ISLAND BOROUGH ORDINANCE NO. 83-77-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING. PORTIONS OF KILLARNEY HILLS SUBDIVISION (U'S. SURVEY 3218). The Kodiak Island Borough Assembly Hereby Ordains: Section 1: That Tract R -1C of Killarney Hills Subdivision (U.S. Survey 3218) is rezoned from Rural Residential to Business. Section 2: That Lots 7 through 18; Block 3, .and Lots 2 through 10, Block 4 of Killarney Hills Subdivision;(U.SI. Survey 3218) are rezoned from Rural Residential to.Two-family Residential. Section 3: That the official zoning map shall be updated to reflect these rezonings. Section 4: That this ordinance shall) be in full force and effect upon passage and adoption. PASSED AND APPROVED THIS /"- :DAY OF e , 1983. KODIAK ISILAND BOROUGH BY: ' ATTEST: BY: ,7yebi„;0,2E_ Borough Clerk FIRST READING DATE: SECOND READING DATE: PUBLIC HEARING DATE: /o?-/—,P,j EFFECTIVE DATE: 1_, —/--4P i REQUESTED BY: PREPARED BY: Community Development Department Borough Mayor. KODK ISLAND BOROUGH Telephones 486-5736- 486-5737 = Box 1246 KODIAK,ALASKA 99615 December 2,.1983 Archdiocese of Anchorage c/o St. Mary's Church P.O. Box 725 Kodiak, AK 99615 Dear Father Terro: RE: Case 83-118. Request to rezone Tract R -1C, Killarney Hills Subdivision, . from RR1 to R2 and Business. Please be advised that the Kodiak Island Borough Assembly, at their December 1, 1983 meeting, approved yourrequest to rezone Tract R -1C of Killarney Hills Subdivision, U.S. Survey 3218, from Rural Residential to Business; and Lots 7 through 18, Block 3, and Lots 2 through 10, Block 4, Killarney Hills Subdivision, U.B. Survey 3218, from' Rural Residential to Two -Family Residential. eel If you have any questions about this action, please, free to contact me. Sincerely,, Linda Freed Director Community Development Department cc: Case 83-118. Jig \ � . KODIAK ISLAND BOROUGH MEMURAND.UM DATE: November 4, 1983 TO: ALL CONCERNED PARTIES FROM: Community Development Department -----k--;4. RE: Borough Assembly Meeting - November 9, 1983 . Please be notified that the Borough Assembly meeting scheduled for November 8, 1983, has been rescheduled for Nove'bec 9, 1q8], to accommodate a "town meetingn with Governor Bill Sheffield. i cc: Timberline, Inc.,Case 83-130, Vivian Munro, Case 83-83~134. Alan Austerman ',Father Terro, Case 83-118. Jig ( KODIAK ISLAND 110ROUGH MEMORANDUM DATE: October 25, 1983 TO: Phil C. Shealy, Borough Manager FROM: Community Development Dapertmmnk*�~ SUBJ: Planning and Zoning Commission item for the Novrmber 8, 1983 Assembly Meeting. RE: An ordinance rezoning Tract R -1C of Killarney Sub- division (U.S. Survey 3218) from Rural Rosldon al to Business; and Lots 7through 18, Block 3, Lots 2 through 10, Block 4 of Killarney Hills Subdivision (U.SL Survey 3218) from Rural Residential to Two-family Residential. Please be advised that the Planning and Zoning Commission, at its September 21, 1983 and October 19, 1983 meetings, conducted an advertised and noticed public hearing on the referenced rezoning request andvoted to recommend approval to the BorougK Assembly. RECOMMENDATION The Planning and Zoning Commission recommends approval' zoning change from Rural Residential to Business for Tract R -1C of Killarney Hills Subdivision (U.S. Survey 3218) and Ifrom Rural Residential to Two-family Residential for Lots 7 through 18, Block 3, Lots 2 through 10, Block 4 of Killarney Hills NOT [ Mirv,rru n /or` 5/Z6 ^. 9606 Z. T feyr l'AFICeled Ps.m or/y/". f 'fa G.6• dear, da/ed /5 -Tan• /.69., PRE'RED EOR :Arbil/aa sac off' i a;/.e Sr *WI ,/lA00X 78 KSek,.4l: 9AC/. (.'..4.:i..,..... ROY A,ECKLUN6 Drax /46 kbdinh,Aroaler .. bIV15IO of ACT' 11' 44I1 -L3 !SUBDIVI910N �. SURVEY JZ IB LA Nv 73-6 , - ALASK4 SCALES/'•/OJ" DRAWN GY: 3JA DATE: /8' 0.4 /9a3 SHEET: / ,f / ' -1113 IID, TRAC R -i4 r // 16 17 "AK- ALAS - / 23 DISLAND BOROUGH Telephones 486-5736486-5737__ -!Box 1246 ALASKA 99615 October 25, 1983 Archdiocese mf.Amchorage c/o St. Mary's Church P.O. Box 725 . Kodiak, AK 99615 Dear Father Terro: Please be advised that the Planning and Zoning Commission, at its October 19, 1983 meeting, recommended approval of your request to rezone Tract R -1C of Killarney Hills Subdivision, D.S. Sur3218, from Rural Residential to Business; and Lots 7-18, Block 3,/ Lots 2-10, Block 4, of Killarney Hills Subdivision, U.S. Survey 3218, from Rural Residential to Two-family Residential, ' ` | The request will be forwarded tothe Borough Assembly for consideration at their November 8, 1983 meeting. The first reading of the ordinance will be scheduled at the November meeting, with the secondreadlng of the ordinance and public hearing scheduled for the December Assembly meeting. If you have any questions about this matter, please fee) free to con-- tact me. Sincerely, Linda Freed Director Community Development Department cc: Case 83-118. MR. AND MRS. ANDERSON spoke in defense of:theconstruction that had already occurred, felt they were is conformance with the laws, and did not understand how their building could be considered a fire hazard as they were not living in the building. MR. JOHN SULLIVAN, city building inspector, stated that Mr. Anderson had obtained what they felt to be a legally -zoned building permit and had called the city offices twice during the building process;to check compliance with • building restrictions. Mr. Sullivan discussed with the Commissioners the two -fold process necessary to obtain a building permit, that it is done in conjunction with the City, and that these were zoning violations in question. MR. HILL closed the Public Hearing and openedlthe Regular Meeting. He read into the minutes a memo of October 12, 1983, to the Commission from the Community Development Department, regarding th'e facts to be considered on the appeal, MS. FREED clarified for the Commission what action might be taken: the Commission could affirm the administrative decision and the building would have to be brought into compliance; or the Commission could reverse the admin- istrative decision, in whole or in part, and grant relief in the form of a variance for the portions of the structure in violation. MRS. CROWE MOVED TO AFFIRM THE ADMINISTRATIVEiDECISION as outlined in Ms. Freed's letter to Mr. and Mrs. Anderson dated October 6, 1983. Mr. Rennell seconded the motion and the question was called. ROLL CALL VOTE: All the Commissioners voted "yes" except for Mr. James who voted "no." The motion CARRIED. MR. HILL CALLED A TEN-MINUTE RECESS AT 10:15 at 10:27 p.m. .M. The meeting resumed ' ._ 7.'_PUBLIC HEARING -ON -CASE 83-118: A request to rezone; Tract R-1, Killarney_; ;.Hills _ Subdivision, U.S. Survey 3218', from RR1 to R2 and Business, siibm itted by the Archdocese-of-Anchorage and TABLED from the September 21, 1983 meeting. MR. HILL stated that due to the conflict;of interest at the last meeting and the resulting public opinion when he remained as Chairman, he would declare conflict of interest in this case and step down from the chair. He turned the meeting over to Mrs. Crowe. MRS. CROWE then stated for the record that the Commission was in error at the last meeting in not declaring Mr. Hill in conflict of interest. There were no further comments. Mrs. Crowe closed the Regular Meeting and opened the Public Hearing. MR. HILL explained that Tract R -1C is proposed for Business zoning and the lot lines had been moved; Tract R-16 is proposed to' remain at RR1 zoning; Tract R -1A will remain RR1 zoning; and Block 3 anl'4 are proposed for R2 zoning. There was no further public input and Mrs. Crowe closed the Public Hearing and opened the Regular Meeting. MR. GREGG MOVED TO REMOVE FROM THE TABLE Case 83-118. Mr. Rennell seconded and the niotionl.CARRIED by unanimous voice vote. MR. BRIGGS MOVED TO APPROVE the rezoning off Blocks 3 and 4 of Killarney Hills Subdivision to R2 and Tract R -1C to Business. Mr. Gregg seconded the motion and the question was called. The motion CARRIED by unanimous roll call vote. [ 8. PUBLIC HEARING ON CASE 5-83-038. Preliminary Subdivision of a portion of Tract R-1, Killarney Hills Subdivision, U.S. Survey 3218, creating: Lots 7-19, Block 3; Lots 2-12, Block 4; and T'ractl'"X," Killarney Hills Sub- division, U.S. Survey 3218, submitted by the Catholic Arch -Bishop Corporation/ Saint Mary's Parish and TABLED from the September 21, 1983 meeting. MR. CROWE gave an additional staff report and a discussion ensued among the Commissioners to clarify the stipulations' on the subdivision. Mrs. Crowe closed the Regular Meeting and opened the Public Hearing. As there were no audience comments, Mrs. Crowe closed the Public Hearing and opened the Regular Meeting. Regular Meeting - 4 - October 19, 1983 KODIAK ISLAND BOROUGH MEMORANDUM DATE: October 12, 1983 TO: Planning and Zoning Commission FROM: Community Development Departmentr RE: Information for the Commission's October 19, 1983 Regular Meeting. Case 83-118. A request to rezone Tract R-1, Killarney Hills Subd., U.S. Survey 3218, from RR1 to R2 and Business. ITEM #7 Thirteen (13) Public Hearing Notices were mailed on October 7, 1983. BACKGROUND This request was tabled at the Commission's September 21, 1983 Regular Meeting, in order for the Commission to meet with the applicant and concerned residents of the area. The work session was held on October 5, 1983. The work session focused primarily on the request to Isubdivide the area, but it also touched on the request for rezoning. At the work session, there was general consensus that the rezoning of the area to R-2 and Business would not be detrimental to the area as long as the platted subdivision included access from the property to, Rezanoff Dr. At the work session, the applicant stated that the subdivision plat would be changed to reflect: a) access from the property to Rezanoff Drive; and b) larger lots of approximately 10,000 square feet,inisize. RECOMMENDATION Staff previously recommended the apkoval of the request to!rezone 6.2 acres of Tract R-1, U.S. Survey 3218 from Rural Residential to Two Family Residential and 3.0 acres of Tract R-1, U.S. Survey 3218 from Rural Residential to Business, based on the following findings,: , I a) the requested zoning changes are needed and justified; and b) the requested zoning changes will not adversely affect the Comprehensive Plan. A technical problem: The Commission tabled this item for 30 days; only 28 days have passed since the Commission tabled the item. _AKE. URV AK ALASKA // 23 b sr4 rw >>--''''''7'''''''':73W47"-'"" 't7 4t- 24r /2'2 Lots Avg .7700 Jy. ii 84a syf x i 3s4A: r TRALT :y" = Zo, 2.• • Archdiocese v."' Ancho aoe : = P 1=1,4Qt-D .VOR : y .5,1 Ai ?..-yr Kos,44 AK. . Ro. Box. 725- u.,• :i. .3.,S.,',...: -SUbbI/IS®ON. TRACT. R-1 KILLARNEY HILLS SUBDIVISION U.S. SURVEY 3218 _ PLAT Ns 7.3-6 . - ALASKA KOO/AK ROY A-6CKLUND PO. Bax /46 hOdB/c,A/ae%.a ' SCALE : /"- /00" DRAWN 8Y: S✓A DATE: SHEET: / of/ 9 L, N Li • (10 \ X00 . KODIAK ISLAND BOROUGH' Community Development Office P.O. Box 1246 Kodiak, AK 99615 ITEM #7 PUBLIC HEARING NOTICE. NOTICE DATE: October 7, 1983 CASE NUMBER: 83-134 An application for rezoning was filed on August 17, 1983 with the Kodiak Island Borough Community Development Office by: Archdiocese of Anchorage c/o St. Mary's Catholic Church. The application requests rezoning Tract R-1, Killarney Hills, U.S.S. 3218, from RR1 to R2 and B -Business. This request was heard at the Regular Meeting of the Pa Commission on 9/21/83 and the item was tabled until 10/19/83. The Kodiak Island Borough Planning and Zoning Commission will hold public hearing on this request at 7:30 p.m. on Wednesday, October 19 1983 /in the Borough Assembly Chambers, 700 Mill Bay Road, Kodiak. You are being notified because you are a property owner in the area of the request. This is the only scheduled public hearing on the request, at this time, and you are invited to appear before the Commission to express your opinion on the request. If you cannot attend, you may submit a• written opinion which will be read into the minutes of the public hearing if it is received prior to the time and date indicated above. Should you wish to comment on the request, please use the bottom of this notice and return it to the Community Development Office at Box 1246, Kodiak, 99615. A vicinity map showing the property involved is on the back of this form. If you have any questions on this matter, please call us at 486-5736, extension 255. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT OFFICE Your Name Your Property Description COMMENTS: Address • • YIP 401.• 72ro s Malys c 4 ti 2 9 3 ---,IT.-- L�.S:C ear -carry il. �Q�c! =z C I' ( 1..c..;` �' _. Gl.^ �.. — •r ,.` KODIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 October 3, 1983 - TO ALL CONCERNED. PARTIES: The Planning and Zoning Commission, at its September 21, 1983 meeting, tabled the requested zoning changes and sub- division of Tract R-1, U.S. Survey 3218 until the Commiission's October 19 meeting. The Commission, at a work session, decided to hold 'a work session on October 5, 1983 on the rezoning and subdivision proposal and invite all concerned parties to attend,. The. work session will be held in the downstairs conference room at the Kodiak Island Borough offices on October 51, 1983. The meeting will begin at 7:30 p.m. You are invited to attend this work session. If you require any additional information on this work session, please feel free to call 486-5736, extension 255. Sincerely, Linda Freed Director Community Development Office cc: 83-118' ii g •K DIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 - KpDIAK, ALASKA 99615 September 23, 1983 Archdiocese Of Anchorage c/o St. Mary's Church P.O. Box 725 Kodiak, AK 99615 Dear Father Terro: Please be advised that the Planning and_Zoning Commission, at its September 21, 1983 meeting, tabled your requ.std zoning changes on portions of_Tract R-1, U.S. Survey 3218, until the Commission's October 19 -meeting. If you have any questions on this matter, please contact us at 486-5736. Sincerely, William Walton Director Community Development Office cc: Tim Hill 23-112 • jjg '7186, --/-A.6-7 s ,ca.e_Q— alto-- 1- _:/-5- • • On the issue of the Variance from Rear Yards: a. That there are no exceptional physical circumstances or conditions applicable to the property or to its intended uselor development which apply generally to other properties in the sane land use district; b. That the granting of the variance will result in material damage or prejudice to other properties in the vicinity and will be detrimental to the public's health, safety or general welfare; c. That the granting of the variance will be contrary to the objectives of the comprehensive plan; d. That actions of the applicant did cause Special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and e. That granting the variance will permit al prOhibitod]and use in the district involved. The Commission also felt that the residents of this area did not wish to have this type of activity in their neighbbrho6d. 6. PUBLIC HEARING ON CASE 83-117. A request for a variance from Borough Code 17,54,010, Height of Fences and Walls, on Lots 11 and 12B, Block 1, Island lake Subdivision, V.S. Survey 3219, submitted by Lorna -Lee Arndt. There was no additional staff report and MRdHILL closed the Regular Meeting and opened the Public Hearing. MRS. ARNDT presented her case in favor ng the request for a variance to build an 8' fence instead of a 6' fence. MRS. CROWE read comments submitted by Ndil Cooper. MRS. THE R8NBT� -�i� variancefrom h' to 8' with the following stipulations: I. that the last 40' before the lake that the fence be only 6' high; 2, that the fence be maintained by Mrs. Arndt and/or property owner after it has been constructed and positioned on the property. The question was called and the motion CARRIED unanimously by rollcall vote. 7. PUBLIC HEARING ON CASE 83-118, A requeit to rezone Tract R-1, KillarneyHill U 5 Survey3218 from RR1 td R2 and B-Business,submitted Hills, . ,` by the Archdiocese of Anchorage. MR. HILL expressed his concern with conflict of interest and asked if the Commission would like him to step down from chair, as Mr. Hill is on the Parish Committee recommending the rezonling and subdivision of this area. The Commission felt there was no conflict of interest unless there were monetary interest involved. Mr. Hill 'remained as the chairman and closed the Regular Meeting and opened the Public Hearing. The Commission met with public opposition to; the request to rezone. A number of residents from the area where present and stated objections such as the need for proper access to the area, the condition of the present road system, limiting the density on a 7,200 squalre foot lot, the increase in traffic flow, and a desire to see the area remain single-family. MR. HILL closed the Public Hearing d opened the Regular Meeting after a considerable amount of public testimony had been heard. Mr. Hill then stated the intent of the property in the f re was to have a road go through all the way to Rezanoff in order to el ote blockage of any kind, A discussion followed among the Commissioners conFeming zoning issues. Father Terro was present to answer questions rum the Commission and the suggestion was made to rezone the area to RI and rezone the property to R2 when Woody Way was moved all the way to Rezanoff Drive, Father Terro stated that he was not in the position to accept an 8I zoning and that he would need to take the suggestion back to his cnmMittee for further study. Regular Meeting - 3 - September 21, 1983 • '_-_.---_ • ^ ''.-~ • _ MR. RR BRIGGS AND MRS. CROWE concurred in their/opinion that the entire area should be planned at one time so people on Murphy Way would know what is going to happen, that proper access roads be pUt into the subdivision, and that it is poor planning to consider pieces of a section. Mrs. Crowe read Section 16.12.010 Familiarization of Subdivider with Requirements from the Borough Code on Subdivision, alluding tolthe sub- division request which would also have to be tabled if this request were tabled. MR. GREGG MOVED TO TABLE CASE 83-118, a request to rezone Tract R-1, Killarney Hills, U.S. Survey 3218 from RRI to R2 and 8 -Business, submitted by the Archdiocese of Anchorage, to allow the applicant in the case to discuss the comments and return in 30 days. We will remove this case from the table to discuss further progress, not necessarily to take action at that time. Mr. Gregg reserved a comment and Mrs.iStrickert seconded the motion. The motion CARRIED with a unanimous voice vote. MRS. CROHE MOVED TO TABLE ITEM #13 which is the publichearing the preliminary subdivision of Tract R-1, Killarney Hills Subdivision, U.S. Survey 3218 creating: Lots 7 through 19, Block 3i Lots 2 through 12, Block 4; and Tract "X", Killarney Hills SubVivisiU.S. Survey 3218, submitted by the Catholic Arch -Bishop Corporation/Saint Mary's Parish. Mrs. Strickert seconded the motion and the question was called. The motion PASSED with unanimous voice vote. A FIVE-MINUTE RECESS WAS CALLED at 9:30 p.m. The meeting resumed at 8. PUBLIC HEARING ON CASE 83-112. An ordinancelrezoning portionsof Chiniak Subdivision from RKl-Rurul Residential 3iiglo Family Dwelling to RR2-Rural Residential Two Family Dwelling or PL -Public Use Lands, sub- mitted by the Community Development Office. MR. WALTON gave an additional staff report on this Assembly -initiated ordinance for portions of the fall land sale. The Assembly desired the zoning to prevent further subdivision on a one -acre scale, minimizing problems in the future. Mr. Walton felt this to be in line with the wishes of the citizens of Chiniak and their comprehensive plan proposal of earlier this year. One lot, next to the school, has two residences on it and the suggestion was to subdivide it into two portinns,advised by the Borough Engineer. There are two long-term residents living on these lots. The Borough Engineer was advised to submit a subdivision of that one lot. The staff report presented by Mr. Walton recOmmended rezoning U.S. Survey 3474 from C -Conservation to RR2-Rural Residential. Mrs. Crowe reminded the Commission that this request would be an unadvertised rezoning and would be unfair to the general public.She recommended putting the issue on the October agenda. MR. PHIL SHEALY, BOROUGH MANAGER, spoke before the Commission stating the desire of the Assembly to put three lots up for the fall land sale to straighten out a squatter uituativn in that nei0hhnrhood. He reported recent advise from Mr. Dale Tubbs, Land Consultant, not to put the land up for sale due to a question of title to some of the property. Mr. Shealy concurred with the Mr. Walton that the Commixsion|prnceedwith the rezoning and make the subdivision fit whatever zoning classification appropriate. MR. HILL closed the Regular Meeting and opened the Public Henr1ng, MR. FRANK PETERSON, representing Koniag, before the Commission of the possible boundary disputes on the land in question. He advised of Koniag's intent to seek advice from the appropriate authorities on the boundary question. Mr. Peterson requested that the Commission table this item until further notice, or until sufficient time has allowed research to the question. Mr. Peterson stated that 30 days would be sufficient time. Mr. Peterson further stated that if the Commission should happen to rezone Regular Meeting - 4 - . | . '| September 21, 1983 ( KODIAK ISLAND BOROUGH ITEM #7 MEMORANDUM DATE: September 15, 1983 TO: Planning and Zoning Commission FROM: Community Development Office SUBJ: Additional information for September 21, 1983 meeting. RE: Case 83-118. R2 and B rezoning for Archdiocese of Anchorage. Questions were raised at the Commission's September 14 w6rk!session about the "zoning" of the Brechan Enterprises and "Pearson" properties on Mill Bay Road. Brechan Enterprises. On September 29, 1965, Fred Brechan requested an exception for warehouse, office, and equipment storage areal"3 miles north of Kodiak." The exception was approved on November 23, 1965. Pearson.. On January 23, 1979, Randy Chase, Jim Pearson, and Gary Gilbert requested a rezoning from Unclassified to Business on Lots B -1B1, E-2, E-1BZ, and E -1A, U.S. Survey 3218. The Assembly approved the rezoning on April 30, 1979 by adopting Ordinance No. 79-14-0. William Walton Director Community Development Office jig KODIAK ISLAND BOROUGH MEMORANDUM DATE: September 12, 1983 TO: Planning and Zoning Commission FROM: Community Development Office SUBJ: Information for Commission's September 21, 1983 Meeting RE: Case 83-118. Request to rezone Tract R-1, Killarney Mills Sub- division , U.S. Survey 3218, from RR1-Rural Residential to R2 -Two Family Residential and 13 -Business, submitted by the Archdiocese of Anchorage. I Thirteen (13) Public Hearing Notices were mailed on September 9, 1983. REQUEST. The Archdiocese of Anchorage is requesting zoningchanges from RR1-Rural Residential to R2 -Two Family Residential and B -Business on a 9.2 acre portion of,its property adjacent to Killarney Hill Subdivision and the Brechan Enterprise -property on Mill Bay Road near its junction with Rezanoff DISCUSSION. The property involved is presently zoned RR1 and adjoins R2 and B -zoned parcels (see attached map): The ,1968. Compreher&IVe Plan suggests "Medium Density ResidentiaT" as the preferred landlusein the area. Existing land use in the area conforms to the requested rezonings through the Killarney Hills Subdivision and the Brechan Enterprise facility on Mill Bay Road. A proposed subdivision for the rezoned property is on your agenda as Item #13. BOROUGH CODE. Chapter 17.72 on Amendments and Changes was 7ecently revised by the adoption of Ordinance No. 83-58-0 on September 1, 1983 by the Borough Assembly (copy attached). Section 17.72.020, entitled 'Report from Planning Commission, requires the Commission to make findings regarding the need and justification for a rezoning and to make findings as to the effect a rezoning would have on the comprehensive plan. RECOMMENDATION. Staff recommends approval of a request to rezone 6.2 acres of Tract R-1, U.S. Survey 3218, from RR1 to R2 -Two Farnily ROsidential and 3.0 acres of Tract R-1, U.S. Survey 3218, from RR1 to B -Business, based on the following findings: 1. The requested zoning changes are needed and justifried; 2. The requested zoning changes will not adversely affect the comprehensive plan. ITEM #7 William Walton Director, Community Development Office jjg Attachment * i� A z .G hT J 1g a r--- E OR/VE CO, �v c- 8A , ,, /A 03 A ( m y. P •dei 10'10 11 NC ;i tli c.E7:0:3b 1 Z . 2 c k sll o 1°rteqr .a 5-z .. , may`T Lti ktY s 0. - t" .1 L e, a j \ \'\41‘ {J� fi Si%r yN\ i. u�'/i Yy! .pe ., � 3 ' • 41 •' tel Vit: 14,1 �� ¢' Q 0 fir. ,; l 3 B4 47. , 5 6. 7.1 , _9 lin , / L1. 6.5: 3469. K4D ,4j< 9K. SLi3L� - - .. _ VI C SCALE I MTV .: _.I : t" ,_ 4001 IA tom: . KODIAK ISLAND BOROUGH Community Development Office P.O. Box 1246 Kodiak, AK 99615 NOTICE DATE: September 9, 1983 CASE NUMBER: 83-,1181 An application for Rezoning was filed on August 17, 1983 with the Kodiak Island Borough Community Development Office by:] Archdiocese of Anchorage c/o St. Mary's Catholic Church The application requests to rezone Tract R-1, Killarney Hills, USS 3218 from RR1-Rural Residential Single Family to R2 -Two Family Residential and Business. The Kodiak Island Borough Planning and Zoning Commission will hold a public hearing on this request at 7:30 p.m. on Wednesday, September 21 1983 in the Borough Assembly Chambers, 700 Mill Bay Road, Kodiak. You are being notified because you are a property owner in the area Of the request. This is the only scheduled public hearing on the request, at this time, and you are invited to appear before the.Commission to express your opinion on the request. .If you cannot attend, you may submit a written opinion which will be read into the minutes of the public hearing if it is received prior to the time and date indicated above. Should you wish to comment on the request, please use the bottom of this notice and return it to the Community.Development Office at Box11246, Kodiak, 99615. A vicinity map showing the property involved is on the back of this form, 1:67:1i4I1Cind- EicroUgh Kodiak, Alaska • If you have any questions on this matter, please call us extension 255. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT OFFICE ————— — — — — — ----------- - Address 31/ 1714 Your Name Your Property Description j'AJ!lie14..,ei at 0§4.6dt3i6v E D SEP 1 4 1983 PM 16. ( KODIAK ISLAND BOROUGH Community Development Office P.O. Box 1246 Kodiak, AK 99615 PUBLIC HEARING. NOTICE NOTICE DATE: September 9, 1983 CASE NUMBER: 83-118 An application for Rezoning was filed on August with the Kodiak Island Borough Community Development Officelby: Archdiocese of Anchorage c/o St. Mary's Catholic Church 17, 1983 The application requests to rezone Tract R-1, Killarney Hills, USS 3218 from RR1-Rural Residential Single Family to R2 -Two Family Residential and Business. The Kodiak Island Borough Planning and Zoning Commission will hold a public hearing on this request at 7:30 p.m. on Wednesday, September 21 1983 in the Borough Assembly Chambers, 700 Mill Bay Road, Kodiak. You are being notified because you are a property owner in the area of the request. This is the only scheduled public hearing on the request, at this time, and you are invited to appear before the Commission to express your opinion on the request. If you cannot attend, you may submit a written opinion which will be read into the minutes of the public hearing if it is received prior to the time and date indicated above. Should you wish to comment on the request, please use the bottom of this notice and return it to the Community Development Office at Box' 1246, Kodiak, 99615. A vicinity map showing the property involved is on the back of this form. If you have any questions on this matter, please call us at 486-5736, extension 255. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT OFFICE Your Name Address Your Property Description COMMENTS: Case 3 -It - TaRNe its ,72 ots � 1_ _�4_ II 80o a_ o_czl_o__ Zobzo IlaRnr B/oc!'3 __L !1800 300 510 3 300 30 3coSo oobo KiJ/aej 13CocK ____-_ o_-_ R It 800 o_t VCl.6(1"c tJoticcs : /9/s3 7183 A x_700 - 1-/ 5-c2.03000 11 ''b / Aft -- 1-16-e7105- 000 1 If 'V' E a'-� " E- "I 3 3(f- 4/ A05- R118002001 KNOWLES/ADRIAN E COLLEEN P.O® BOX 3343 KODIAK_ AK 99615 8118002002 BEAN9JR JULIAN E MARYL•S P.O. 3OX 2813 KODIAK AK 99615 • 8118003004 RICHARDSON/FRANCIS E. CAR P.0..BOX 2637 KODIAK AK 99615 R118003003 MEUNIER*HENRY. E, SARAH P..0.- BOX 2732 KODIAK AK 99615 MINKS,DAVID E P.C. BOX 300 KODIAK R11.8003005 .AK 99615 8118003006 WISCHER.THOMAS L KATHLEEN P.O. COX 202 KODIAK AK 99615 R1180040011 BEARDSLEY/ALAN a SHARRON. P.O. BOX 361 KODIAK AK 99615 R1452170000 .CATHOLIC ARCHBISHOP CORP OF ANCHORAGE P.O. B0X 2239 ANCHORAGE AK 99510 81452030003 BRECHANtiENTERPRISES INC ' P-.0. BOX 1275 KODIAK " AK' 99615 GI LBERTy0ARY P.O.. BOX 74 - KODIAK ' R.1452050001j AK 99615 81452050002 • ROHRE2,RICARD E SUSAN P.O., 80X 2219 KODIAK i AK 99615 PEARSON,,JAiES S P.O. BOX! 669 KODIAK PEARS0 J,MARIE P.O. BOX 16,95 KODIAK ! R1452050003 AK 99615 R1452050005; AK 99615. • - • •,' ' •` • • ^ ^� •~'� KODIAK ISLAND BOROUGH ORDINANCE N0.:83 - -O | . / AN ORDINANCE OF THE KODIAK ISLAND, BOROUGH ASSEMBLY REVISING CHAPTER 17.72 OF BOROUGH CODE ON AMENDMENTS AND CHANGES. The Kodiak Island Borough Asemblly Hereby Ordains: SECTION 1: That Chapter 17.72 of Borough Code is revised to read as follows: CHAPTER 17.72t AM[NUMEMT§ AND.CH8NGES SECTIONS . | . ! 17.72-010 Authority 17.72.020 ReportlFrom Planning Commission 17.72.030 Manner tof Initiation 17.72.040 Hearing on Boundary Change 17,72.050 Boundary lude additional property 17.72.055 Submission embly 17.72.000 Hearin6 determination 17.72.070 Heurin YRequired--Notice 17 72 V0O 8nun�a' Change --Protest . . y ange_ t s 17.72.010 Authority. Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Borough Assembly may, by Ordinance and after report t*eon by the Planning Commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.72.020 Report from PlanningCommission.The Planning Commission shall report in writing to the Borough Assembly on any proposed ohange or amendment regardless of the manner in which such change is initiated and such report shall find: A. Finds as to need and justification for a change or D. Findings as to the effect achange or amendment would have on the objectives of the comprehensive plan; C. Recommendations as to the approval or disapproval of the change or amendment. 17,72.030 Manner of Initiation. Changes in this title may be initiated in the following manner: A. The Borough Assembly upon its own motion; B. The Planning Commission upon its own motion; C. By petition of one or mbre owners of property within an area proposed to be rezoned. A petition shall 'be in the form of an application for a change in the boundary of a district, shall be filed in the Community Development Office, ef-the-P;ann4eg-Gemm4ss4eeT be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable' reresentatiop -of facts and shall set forth asons ond ju�tifi�atinn fnr proposing such change. 17.72'040 Hearing on Boundary The Planning Commission shall hold a public hearing before considering any change in the boundaries of a district. ff-sue4-heup4,1-45-to-6e-4ef8v Notice, thereof shall be given in the manner prescribed in this title for variances / KODIAK ISLAND BOROUGH ORDINANCE NO. 83-58+0 PAGE 2 except that such procedure shall specifically refer to an application for change in the boundary of a dixtrict. Where property ithin an area proposed to be changed is not under the same ownership, all owners of property within the area shall be notified of such hearing. Within s4xty thirty (30) days after the date of the ffleet4ng-mt-wh4eh-the-vfa"n4ng som4ss4vn-set-thp-t4me-and-pfu*e-fap-t4e public hearing or-*4th4*-s4xwy uays-mftep-whe-f4ff*g-ef-an-appffrawfen-w4en-no-hearfng-fs-oaffe6 the Planning Commission shall report its findings to the Borough Assembly. If such change was initiated by petition the signers shall be notified by the eomm4ss4vn Community Development Department of #s the Commission's recommendation, such notice sOot by registered mail not more than five days after the Commission's has-44feg-*he-repmpt-w4th-*he-Bepounh-Aasembfy public hearing. 17.72.050 Boundary changeinclude additional property. When the Planning Commission deems it necessary or expedient, it may consider other property for change or amendment in addition to the property described in an application for change in the of a district, and may include such additional property in the notices of public hearing and consider amendments relating to such property at the public hearing. 17'72.855 Submission to Assembly. A. Within thirty days after the Planning Commission has acted favorably upon a proposed zoning may change in accordance with the above provisions, a report with recommendations shall be submitted to the Assembly together with the proposed ordinance. Such recommendations of the Planning Commission shall be advisory only and shall not be binding Assembly. When an ordinance has been forwarded to the Borough Assembly, Assembly shall act in accordance with this chapter and notice shall be issued, as provided in Section I7J2.070, by the Borough lerkNotice o hearing shall include a description of the protest rights established by Section 17,72.080, D. If the Planning Commission recommends denial of any proposed amendment, its action shall be final unless the 4n4t4at400 initiating party, within twenty ten (10) days, files a written statement with the Boroughtlerk requesting that the affleodment Commission's action be taken up by the Borough Assembly. 17,72.060 Hearing Uetermination, The Borough Assembly shall consider an application or P anning Commission recommendation for change in the boundary of a district or any other Planning Commission recommendation proposing a change in this title, and the report of the Planning Commission at its next regular meeting after receipt of suchreport. If, from the facts presented and by the findings of the report of the Planning Commission, it is determined that the public necessity, convenience, general welfare and good zoning practice requires the change or amendment or any portion thereof, the Borough Assembly by ordinance shall effect such amendment, supplement, change or reclassification. 17.72.070 Hearing--Required--Notice. No ordinance of the Borough Assembly affecting an amendment, supplement, change or classification, repeal or of regulations or restrictions, the boundaries of districts or classifications of property shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heord. At least seven days notice of the time and place of such hearing shall be published in a paper of general circulation in the Borough. When the proposed amendment covers a change in the boundaries of a district, notice to owners of property shall be given in the manner described in this title for variances. 17.72,080 Boundary change --protest. In case of a protest against a change in zoning district classification signed by the owners twenty percent or more, either of the area of the lots included in such - ~=•"~.~^~~`^_�~~Z~'.~__~ '==.==�-_ .,,O_gu � - ~. . �— ---- - • L KQVQK ISLAND : ORDINANCE NO.- 83-58-0 PAGE 3 | proposed change or of the area of the lots:immediately abutting the area ' included in such proposed change or separated therefrom only by An alley or ` Street, such amendment shall not become effective except by the favorable : vote of all f4ve members of the Borough Assembly. ..� /be: in 2: That this Ordinance shall be'in full force and effect upon �� ., passage and adoption. l| ; ! � � ! �' ' � ' |i PASSED AND APPROVED THIS 1st DAY. OF September , 1983^ i! ' ' | ' _L KODIAK' AND BOR GH / |.: 1 x ' BY: ! |�' i,- ^ ,../' ',`—`` . � . �� '� ATTEST: / '�.} , /' ' ' ° orough/ l�r|�' .'' '«/ '`� `~~��^..' � FIRST READING DATE: 4, 1983 SECOND READlMG.AND PUBLIC NEARING DATE EFFECTIVE DATE: September 1, 1983 � . REQUESTED BY: The'Plonninn and Zoning Com/nission RECOMMENDATION: Planning Commission recommended approval. KODIAK ISLAND BOROUGH POST OFFICE BOX 1246 KODIAK, ALASKA 99615 ( ) Conditional Use Permit ( ) Exception ( ) Variance 0 Zoning Change: From: CODE SECTION INVOLVED: NOTE: The application fee for all items covered by this formilis $50. Conditional Use Permits, Exceptions, and Variance Applicationalso require the submission of a site plan. APPLICANT: CMOC45€ -oc,46%.14/14ye. s/.N4Afiey../f Home Telephone X 7-26— Address j(!oeliat, 9%/5 Work Telephone City, State, Zip lrg Kt/kr/ley/4h PROPERTY: Lot Block ass- il-/8 Subdivision Name United States Survey # Section, Township, Range, S.M. PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: I have been advised of the procedures involved with this request and have received a copy of the appropriate regulations. , Autho d Agent Date Property Owner Date Date Application Accepted: 60* BY: /1•44 • ///a/&it, r1 • ,.•3:;.-f 14; 0, O• 4,0 0 In 0 0 (00 ,10 "/89° 23' \\O /" E 23C.7/' 0 0 0 TRACT R-14 ttl KI LARJE ) WAY MUR pup' SL)5LDI 1510 e;A f-; Q U5. cY" 0.06,9 ici/V 59° 53' 0 KADIAK AL,L\ 1.--< A \9 SLJE3bk\A KIDN 0 (10 WOOPLANID, /CRS 5UD, ADD ez 6 5/.JI VEY /&,e)2 L/. 50QV6K 35/ ‘.5 PRELIMINARY , 5 3/.5' 6.5 1 -<SA //4 I< 4k. SL/k3 VICINITY MAD 5CALE I" = 400' VOT Mininitio7 /0 74' size - -96,00 oy. 131. 2. Top og' 7'noced screorr) (PP/ine/ "fPog 5h74 .6)/ G. . 4f3e7' cia74d /5 -fah. /-960. 131:::1EPADED r-or4 : Arhlioce66, ofAncheyerg c/o 6 Mty- , P.O-6'X 785, ieci,;:lk„ 4k: Cci 51_113b11/1510/V clf 774ACT P4 K I LLAIRNEY LLS 5L.113DIV1510N 1..). 5. 5LIPVY 3218 PLAT A/9 73-6 KOGf/A1-‹ ALASKA ROY A.CCI<L.LIIVb PO. box /.46 A-bc1/91‹.1,4/slc..5 SCALE: /" /00' DAT: /63'6c-/: 483 DRAVVNI 125Y: 5,JA SNEET: / /