SELIEF EST BK 1 LT 10 - RezoneIntroduced by:
Recommended by:
Date:
Public Hearing:
Defeated:
KODIAK ISLAND BOROUGH
ORDINANCE NO. 90-28
Mayor Selby
P&Z Commissio
09/20/
10/1890
10/1:/90
AN ORDINANCE REZONING LOTS 8 AND 9, AND A PORTION Or LOT 10,
BLOCK 3, LAKESIDE SUBDIVISION FROM I --INDUSTRIAL ANPL--PUBLIC
USE LANDS TO R2 --TWO-FAMILY RESIDENTIAL AND A TWEN Y -FIVE (25)
FOOT STRIP OF LOT 7 AND LOT 10 ADJACENT TO LOT BLOCK 3,
LAKESIDE SUBDIVISION FROM I --INDUSTRIAL TO PL--P.BLIC USE LANDS
BE IT ORDAINED by the Kodiak Isla'd Borough Assembly
that:
Section 1. This ordinance
permanent nature and shall not be codi
Section 2. Lots 8 and 9, an
3, Lakeside Subdivision are rezoned
s not of a general and
d.
Portion of Lot 10, Block
from I --Industrial and PL --
Public Use Lands to R2 --Two-family esidential.
Section 3. A twenty -f' e (25) foot strip of Lot 7 and
Lot 10 adjacent to Lot 8, Block , Lakeside Subdivision is rezoned
from I --Industrial to PL --Pub is Use Lands.
Section 4. The o•fic'al zoning map shall be updated to
reflect this rezoning.
ATTEST
PASSED AND "PROVED THIS 18th DAY OF OCTOBER, 1990.
orough Clerk
KODIAK ISLAND BOROUGH
Borough Mayor
Presiding Officer
Ordinance No. 90-28
Page 1 of 1
4_
long-term parking, counter space, other carriers, and
to support the parking lot situation by extending the
present boundaries. He encouraged the public.to
attend the meeting on October 25th in the school
district conference room.
PUBLIC HEARING
A. Ordinance No. 90-28 Rezoning,,
Lots 8 and 9 and a
'Portion -of 10 adjaceint.to Lots 8 and 9,
Block 3, Lakeside Subdivision from I --Industrial
to R -2 --Two Family Residential and an 25' Strip
of Lot 7 and Lot 10 adjacent to Lot 8 and (--
Industrial to PL --Public Land.
Presented for consideration was Ordinance No. 90-28
which would rezone lots in Lakeside Subdivision to be
consistent with the residential development in the
Selief Lane Corridor.
Assemblymember Monroe asked to abstain from the
discussion and vote on this issue and declared a
conflict of interest.
HANCOCK, moved to adopt
seconded by SHUTTLESWORTH Ordinance No. 90-28.
The presiding officer called for public testimony.
Scott Arndt questioned the procedure of rezoning
these pieces of property as the public hearing before
the Planning and Zoning Commission had just been
held.
Clerk Vaughan explained the code allowed the Assembly
to initiate a rezone.
Mr. Arndt stated his opposition to the rezone because
industrial property was needed and there was other
adequate R-2 property available.
Mike Rasmussen agreed there was a shortage of
industrial property available and opposed the rezone.
He noted there might be some conflict of interest
with someone sitting on the Assembly that draws a
salary from Small World, Inc.
Ellen Cloudy, a resident in the Lakeside Subdivision,
spoke in favor of the rezone because the subdivision
was a residential area with a neighborhood that was
developed and still developing. She spoke of the
traffic --bicycles and.walkers--in the area. She felt
this ordinance would correct the bad planning of
putting the industrial park in a residential area.
Regular Assembly Meeting
October 18, 1990
PUBLIC HEARING
ORDINANCE
NO. 90-28
Volume XIII
Page 208
Scott Thompson opposed the rezone because the
property was adjacent to the airport and existing
industrial property.
Bill Barnes,. representing Small World, Inc., pointed
out the property had not been put to use as
industrial property nor had the Borough been able to
sell it as industrial land.
Okev Chandler said that since the land was adjacent
to industrial property to leave it that way.
The presiding officer closed the public hearing and
reconvened the regular meeting.
Assemblymember Stevens responded to the comments made
by Mr. Rasmussen. He stated there had been no
attempt to hid the fact that Small World had
approached the Assembly for property. He said Ms.
Monroe had withdrawn from this particular issue and
had made it clear throughout all previous discussions
that she wanted to stay out of it. He asked the
Mayor what happened if the property were placed on
the market and not sold.
Mayor Selby replied that the property had previously
been on a land sale and no bids had been received.
Assemblymember Hancock thought the neighborhood had
changed since the property was originally zoned
industrial.
Assemblymember Stevens agreed there was a major
problem with the lack of industrial property and felt
there were other areas that could be developed for
industrial use.
VOTE ON MOTION TO ADOPT
Ayes: Hancock, Shuttlesworth
Stevens
Noes: Merriman
Abstained: Monroe
MOTION FAILED 3 ayes, 1 no,
1 abstention
MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM
MAYOR
Mayor Selby called the Assemblymember's attention to
the most recent progress report from the Alaska
Regular Assembly Meeting
October 18. 1990
Volume XIII
Page 209
since the balance of the funds available from the
state were only available until September 30, the
local funds had to be matched. He continued by
saying the City of Ouzkinie was able to contribute
$12,000 and asked the Assembly to approve 812,000 in
order for the September 30th deadline to be met.
Assemblymembers agreed the breakwater if very
important to the community and would provide for all
vessels on the island.
VOTE ON MOTION
Ayes:
Shuttlesworth, Stevens,
Hancock, McFarland,
Monroe, -White
Noes: None
MOTION CARRIED Unanimous
C. ORDINANCES FOR INTRODUCTION ORDINANCES
1. Ordinance No. 90-26 Clarifying the Subjects ORDINANCE
whichmay be Discussed by Borough Officials NO. 90-26
in Executive Session and Clarifying the
Records of the Borough which are not
Available for Public Inspection.
(This ordinance was withdrawn from the agenda earlier
in the meeting.)
2. Ordinance No. 90-27 Amending the Duties of ORDINANCE
the Borough Clerk to Require Attestation of NO. 90-27
the Mayor's Signature on all Contracts to
Which the Borough is a Party.
(This ordinance was withdrawn from the agenda earlier
in the meeting.)
3. Ordinance No. 90-28 Rezoning Lots 8 and_.9 ORDINANCE
and a Portion of Lot 10 adjacent to -Lots 8 NO. 90-28
and 9, Block 3, Lakeside Subdivision From -
I -Industrial to R -2 -Two Family Residential
and a 25' Strip of Lot 7 and Lot 10- ...._
adjacent to._Lot_8..from Irindustrial__to_PL-
Public Land.
Presented in first reading was Ordinance No. 90-28
which rezones areas to be consistent with the
residential development in the Selief Lane corridor.
Assemblymember Monroe asked to abstain from
'discussion and vote on this issue as she declared a
conflict of interest.
Regular Assembly Meeting
September 20, 1990
Volume XIII
Page 191
J
5. Resolution No. 90-51 Calling for Action to RESOLUTION
End the Use of High Seas Driftnets by NO. 90-51
Foreign Fishermen.
(This item was previously adopted under "Consent
Agenda".)
6. Resolution No. 90-52 Calling for State RESOLUTION
Support of Health Care Facilities. NO. 90-52
(This item was previously adopted under "Consent
Agenda".) -
7. Resolution No. 90-53 Supporting a RESOLUTION
Constitutional Amendment on Subsistence. NO. 90-53
(This item was previously adopted under "Consent
Agenda".)
8. Resolution No. 90-54 Supporting Adequate RESOLUTION
Funding for the Alaska Regional Development NO. 90-54
Organization Program.
(This item was previously adopted under "Consent
Agenda".)
9. Resolution No. 90-55 Supporting RESOLUTION
Continuation of the Work of DOT Ports and NO. 90-55
Harbors Task Force.
(This item was previously adopted under "Consent
Agenda".)
10. Resolution No. 90-56 Supporting a Ten -Year RESOLUTION
Program to Provide Matching Financing to NO. 90-56
Municipalities for Major Maintenance and
New Construction of Port and Harbor
Facilities.
(This item was previously adopted under "Consent
Agenda".)
11. Resolution No. 90-57 Appropriating $12,000 RESOLUTION
to the City of Ouzinkie for Completion of a NO. 90-57
Breakwater Feasibility Study.
McFARLAND, moved to adopt
seconded by MONROE Resolution No. 90-57
As requested, Mayor Selby explained Corps of
Engineers were in the process of completing the
Ouzinkie Breakwater Feasibility Study and $24,000 had
been appropriated for the City of Ouzinkie by the
legislature and then vetoed by the Governor. He said
Regular Assembly Meeting Volume XIII
September 20, 1990 Page 190
McFARLAND,
seconded by SHUTTLESWORTH
moved to adopt
Ordinance No. 90-28
in first reading.
After discussion, the assembly agreed the land in
question had been removed from the land sale because
it was not conducive to industrial property and
should be rezoned.
,_VOTE _ON_MOTION- .TO_ ADOPT- IN. FIRST_ READING_
Ayes:
Stevens, Hancock,
McFarland,
Shuttlesworth, White
Noes: None
Abstained: Monroe
D. OTHER ITEMS
1. Appointment of Election Workers for October
2, 1990 Regular Election.
This item was previously approved under "Consent
Agenda." -
2. Renewal of Employment Agreement for Borough
Clerk.
McFARLAND,
seconded by SHUTTLESWORTH
VOTE ON MOTION
moved to
postpone employment
agreement with the
Clerk to the October 4,
1990 regular meeting.
MOTION CARRIED Unanimous Voice Vote
INFORMATIONAL MATERIALS (No action required) INFORMATIONAL
MATERIALS
A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER
MEETINGS
1. K.I.B.S.D. Regular Meeting of July 23,
1990.
2. Service District #1 Board of Supervisors
Meeting of August 29, 1990.
B. REPORTS REPORTS
None
Regular Raannbly Muting Volume Rill
September 20. 1990 Page 192
C. OTHER
None
CITIZENS' COMMENTS
None
ASSEMBLYMEMBER'S COMMENTS
Assemblymember Monroe reminded the residents of two
vacancies on the Mental Health Board and other
openings on boards and commissions and urged them to
contact the Clerk for an application She also
reminded the residents of voter registration booths
open this weekend.
Assemblymember McFarland requested discussion of the
comprehensive plan and outline for projected
completion on the next work session with Planning and
Zoning Commission.
Assemblymember Hancock suggested legal advice on
Ordinance No. 90-26 before discussion at a work
session.
Presiding Office White requested an ordinance on
utilities be presented at the next worksession.
MONROE,
seconded by McFARLAND
moved to recess
to executive session
to discuss legal
matters with attorneys
concerning ligation
with Exxon Company on
the Exxon Valdez oil
spill and unionization
of Borough employees.
MOTION CARRIED Unanimous voice vote.
At 9:38 p.m., Presiding Office White reconvened the
regular meeting and reported there would be no action
taken as a result of executive meeting. There being
no further business to come before the assembly, the
meeting adjourned at 9:39 p.m.
ATTEST:
Regular Assembly Meeting
September 20. 1990
OTHER
CITIZENS'
COMMENTS
ASSEMBLYMEMBER'S
COMMENTS
Volume XIII
Page 193
CITY 1AAiNAGER
POST OFFICE DOA 1397, KODIAK, ALASKA 99615
TELEPHONE (907) 486-8640
FAA (907) 486-8600
October 26, 1990
Community Development Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
ATTN: Linda Freed
Dear Linda:
At the Council meeting held on October 25, 1990, the City
Council directed me to write this letter in support of
the Planning and Zoning Commission's decision on the
rezoning of Lots 8 and 9, and a portion of Lot 10,
Lakeside Subdivision. The City Council feels, as the
Planning and Zoning Commission does, that there is not
enough industrial use land in the City of Kodiak or the
immediate surrounding area and that it would not be in
the best interests of the citizens of the Kodiak Island
Borough to rezone this industrial land to R-2.
Very truly yours,
CITY OF KODIAK
Herman T. Beukers
Acting City Manager
HTB/nej
Kodiak Island Borough
MEMORANDUM
TO: Kodiak Island Borough Assembly
THRU: Jerome M. Selby, Mayor
FROM: Community Development De
DATE: October 18, 1990
SUBJ: Information for the October 18, 1990, regular meeting
RE:
Ordinance 90-28. An ordinance rezoning Lots 8 and 9, and a
Portion of Lot 10 adjacent to Lots 8 and 9, Block 3, Lakeside
Subdivision from I --Industrial and PL --Public Use Lands to R2 --
Two-family Residential and a twenty-five foot strip of Lot 7
adjacent to Lot 8, Block 3, Lakeside Subdivision from I --Industrial
to PL --Public Use Lands. 2095, 2165 and 2207 Selief Lane
(Kodiak Island Borough Assembly) (Planning and Zoning
Commission Case 90-072)
The Kodiak Island Borough Planning and Zoning Commission at their meeting
on October 17, 1990, denied the request cited above.
Section 17.72.055 (Submission to assembly) of the Borough Code states:
B. If the planning commission recommends denial of any proposed
amendment, its action shall be final unless the initiating party, within
ten days, files a written statement with the clerk requesting that the
commission's action be taken up by the borough assembly.
The Commission adopted the following findings of fact in support of their
decision:
1. A lack of I --Industrial land in the Kodiak area is the primary reason for
denial of this request. The Kodiak Island Borough should plan for the
provision of additional I --Industrial land before reducing the small
amount of I --Industrial land now available.
Re: Ordinance 90-28
Page 1 of 2 October 18, 1990
2. Lots 1 and 2, Block 3, Lakeside Subdivision are currently being
developed for industrial use, initially commercial fishing gear storage.
This development could result in a land use conflict if nearby lands are
rezoned to R2 --Two-family Residential.
3. A previous vacation and replat, Case S-88-040 which was granted
preliminary approval by the Commission, addressed concerns about the
design of the subdivision. If the final plat were filed for Case S-88-040,
these lots would be more suitable for industrial development.
4. It is important to maintain the greenbelt (Lot 10, Block 3, Lakeside
Subdivision) as an integral part of the overall area and to provide a
necessary amenity for the nearby residential development.
Please find attached, the staff report for this case and the one (1) public
hearing notice received for the case.
If you have any questions about the action of the Commission, please contact
the Community Development Department.
Re: Ordinance 90-28
Page 2 of 2 October 18, 1990
The motion was seconded and CARRIED by unanimous roll call
vote.
F) Case 90.072. _.Request for the rezoning of Lots 8 and 9 and a
Portion of Lot 10 adjacent to Lots 8 and 9, Block 3, Lakeside
Subdivision from I --Industrial and PL --Public Use Lands 12 R2 --
Two-family Residential and a twenty-five (25) foot strip of Lot 7
adjacent to Lot 8, Block 3. Lakeside Subdivision from (-
Industrial to PL—Public Use Lands in accordance with Section
17.72 (Manner of Initiation) of the Borough Code. 2095, 2185,
and 2207 Selief Lane. (Kodiak Island Borough Assembly) (Prior
Case 90-007)
LINDA FREED indicated 17 public hearing notices were mailed
for this case and 1 was returned from the Kodiak City Council,
requesting an 85 foot wide greenbelt adjacent to Lot 8. Staff
recommended forwarding this request to the Assembly
recommending approval of this request. Ms. Freed also reported
that the request would appear on the Assembly's October 18.
1990, agenda.
Regular Session Closed.
Public Hearing Opened:
SCOTT ARNDT appeared before the Commission and expressed
oppositidn to this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HENDEL MOVED TO RECOMMEND that the
Kodiak Island Borough Assembly approve the rezoning of Lots 8
and 9 and that Portion of Lot 10 adjacent to Lots 8 and 9, Block
3, Lakeside Subdivision from I --Industrial and PL --Public Use
Lands 14 R2 --Two-family Residential and a twenty-five (25) foot
strip of Lot 7 adjacent to Lot 8, Block 3, Lakeside Subdivision
Erom I --Industrial 14 PL --Public Use Lands in accordance with
Section 17.72 of the Borough Code: and to adopt the findings
contained In the staff report dated October 9, 1990, as "Findings
of Fact" for this case.
The motion was seconded and FAILED by majority roll call vote.
Commissioners Helnrichs, Barrett, Aspgren, and Hendel voted
"no."
The Commission deferred adoption of findings of fact in support
of their decision until the New Business portion of the agenda.
G) Case 8-90-034. Request for preliminary approval of the
subdivision of Lot 12, U.S. Survey 3101, creating Lots 12A, 12B.
and 12C, U.S. Survey 3101, 3789 Spruce Cape Road (Natalie
and Jeremy Jack)
LINDA FREED indicated 17 public hearing notices were 'nailed
and 1 was returned stating non -objection to this request. Staff
recommended approval of this request, subject to conditions.
Regular Session Closed.
P n Z Mantes: Oct 17. 1990 Page 11 of 33
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
Strict application of the zoning ordinance would only allow
the fence to extend to the front and side property lines.
Dental of this variance does not constitute an unnecessary
hardship as the potential hardship of the applicant 1s
outweighed by the prejudice the fence would cause the
neighboring lots.
The granting of the variance will not result in material
damages or prejudice to other properties In the vicinity
nor be detrimental to the public's health. safety and
welfare,
Granting of the variance will not be detrimental to the
public's health, safety or welfare because a chain link
fence will not pose a line -of -sight problem along Hillside
Drive or Oak Street. However, the fence would prejudice
the surrounding properties if it is constructed with non-
standard materials. In addition, a six (6) foot fence In the
front yard will prejudice the neighboring lots by being
Inconsistent with the character of the surrounding
properties.
4. 'tie granting of the variance will not be contrary to the
obiectives of the Comprehensive Plan,
Granting of the variance will -not be contrary to the
objectives of the comprehensive plan which identifies this
area for Medium Density Residential Development. In
general, comprehensive plans do not address minor
developments such as fences. In addition, the
construction of this fence will not change the permitted
residential land use.
That actions of the applicant did not cause special
conditions or financial hardship from which relief Is being
sought by the variance.
In this instance. actions of the applicant have not caused
the conditions from which relief is being sought by a
variance. The variance request' will be decided prior to
construction of the fence.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Fences are permitted in all residential land use districts.
The motion was seconded and CARRIED by unanimous voice
vote.
There was no further old business.
'VII. NEW BUSINESS
A) CU. -80-072. Findings of fact in support of the dental of a
- —equest for the rezoning of Lots 8 and 9 and a Portion of Lot 10
P & Z Lttuutet October 17, 1990 Page 31 of 33
adjacent to Lots 8 and 9, Block 3, Lakeside Subdivision from I --
Industrial and PL --Public Use Lands Js R2 --Two-family
Residential and a twenty-five (25) foot strip of Lot 7 adjacent to
Lot 8, Block 3, Lakeside Subdivision f34m I --Industrial to Pt --
Public Use Lands in accordance with Section 17.72 (Manner of
Initiation) of the Borough Code. 2095, 2185, and 2207 Selief
Lane. (Kodiak Island Borough Assembly) (Prior Case 90-007)
COMMISSIONER HENDEL MOVED TO ADOPT the following
"Findings of Fact" for Case 90-072:
FINDINGS OF FACT
1. A lack of I --Industrial land in the Kodiak area is the
primary reason for denial of this request. The Kodiak
Island Borough should plan for the provision of additional
I --Industrial land before reducing the small amount of I --
Industrial land now available.
2. Lots 1 and 2, Block 3, Lakeside Subdivision are currently
being developed for industrial use, initially commercial
fishing gear storage. This development could result in a
land use conflict if nearby lands are rezoned to R2 --Two-
family Residential.
3. A previous vacation and replat, Case S-88-040 which was
granted preliminary approval by the Commission,
addressed concerns about the design of the subdivision.
If the final plat were filed for Case 5-88-040, these lots
would be more suitable for industrial development.
4. It is important to maintain the greenbelt (Lot 10, Block 3,
Lakeside Subdivision) as an integral part of the overall
area and to provide a necessary amenity for the nearby
residential development
The motion was seconded and CARRIED by unanimous voice
vote.
There was no further new business.
IS. COMMUNICATIONS
COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of
items A through D of communications. The motion was seconded and
CARRIED by unanimous voice vote.
A) Letter dated September 20, 1990, to Mayor Bob Brodie from
Joanne Demke, President, Kodiak Chamber of Commerce, re:
downtown parking.
B) Letter dated September 27, 1990, to Mary Bixby, OMB-DGC,
from Linda L. Freed, re: Kodiak Island Borough Coastal
Management Program - FY90 Annual Report.
C) Letter dated September 27. 1990, to Alison L. Smith, OMB-DGC.
from Linda L. Freed, re: Women Bay 20 - Lot 22, Block 1,
Russian Creek Alaska Subdivision - SID AK 900911-07A.
PnZcmc amcc v, IWO Page 32of33
DATE:
TO:
FROM:
SUBJECT:
Kodiak Island Borough
MEMORANDUM
October 9. 1990
Planning and Zoning Commission
Community Development Departmen
Information for the October 17, 1990 regular meeting
Public Hearing Item Vl-F
Case 90-072. Request for the rezoning of Lots 8 and 9 and a
Portion of Lot 10 adjacent to Lots 8 and 9, Block 3, Lakeside
Subdivision from I --Industrial and PL --Public Use Lands to R2 --
Two-family Residential and a twenty-five (25) foot strip of Lot 7
adjacent to Lot 8, Block 3, Lakeside Subdivision from I --Industrial
to PL --Public Use Lands in accordance with Section 17.72 (Mariner
of Initiation) of the Borough Code. 2095, 2185, and 2207 Selief
Lane. (Kodiak Island Borough Assembly) (Prior Case 90-007)
Seventeen (17) public hearing notices were distributed on October 3, 1990.
Date of site visit:
1. Applicant:
2. Land Owner:
3. Existing Zoning:
Lots 7 through 9:
Lot 10:
4. Zoning History:
October 8, 1990
Kodiak Island Borough
Kodiak Island Borough
I --Industrial
PL --Public Use Lands
The 1968 Comprehensive Plan identifies this area as Residential
Unclassified and Public and Open Space. Portions of U.S. Survey 3468
and U.S. Survey 3467, encompassing the future location of Block 3,
Lakeside Subdivision, were rezoned from Unclassified and
Service/Recreation to I --Industrial by Ordinance 80-14-0. Lot 10, Block
3, Lakeside Subdivision was rezoned from I --Industrial to PL --Public Use
Land by Ordinance 85-29-0(A). No action was taken on a previous
investigation (Case 88-027) to rezone Lots 4 through 9 and 11, Block 3,
Lakeside Subdivision from I --Industrial to a different zoning district and
nine 9o-072
Page 1 of 8 P & Z; October 17, 1990
r
Public Hearing Item VI -F
Lot 10, Block 3, Lakeside Subdivision from PL --Public Use Land to a
different zoning district. The Planning and Zoning Commission denied a
request (Case 90-007) to rezone Lots 4 through 9 and 11, Block 3,
Lakeside Subdivision from I --Industrial to R2 --Two-family Residential
and Lot 10, Block 3, Lakeside Subdivision from PL --Public Use Land to
R2 --Two-family Residential.
5. Location:
Physical:
Legal:
6. Lot Size:
Lot 7 (portion)
Lot 8
Lot 9
Lot 10 (portion)
2095, 2165, and 2207 Selief Lane
A twenty-five (25) foot strip of
Lot 7 adjacent to Lot 8; and
Lots 8 and 9; and
that Portion of Lot 10
adjacent to Lots 8 and 9,
all in Block 3, Lakeside Subdivision.
6,937 square feet
32,687 square feet
37,386 square feet
45,910 square feet
7. Existing Land Use: Vacant
8. Surrounding Land Use and Zoning:
North: Lots lA - 16B, Block 1, Lakeside 1st Addition
Use: Zero -lot -line development,
single-family residences
Zoning: R2 --Two-family Residential
South: Lots 1 and 2, Block 2 lakeside Subdivision
Lot 7, Block 1, Lakeside Subdivision
Use: Vacant
Zoning: R1 --Single-family Residential
PL --Public Use Lands (greenbelt)
Case 90-072
Page 2 of 8 P & Z: October 17, 1990
Public Hearing Item VI -F
East: Lots 4, 5, and 6, Block 1, Lakeside Subdivision
Use: Vacant; Industrial, Municipal Airport, Impound
Lot
Zoning: I --Industrial
West: Unsubdivided Portions of USS 3467 and USS 3468
Use: Vacant
Zoning: PL --Public Use Land
9. Comprehensive Plan:
10. Applicable Regulations:
The 1968 Comprehensive Plan depicts this
area as Industrial per amending
Ordinance 80-13-0.
The following sections of Title 17 (Zoning)
of the Borough Code and the Kodiak
Island Borough Coastal Management
Program (KIBCMP) are applicable to this
request:
17.72.030 Manner of initiation. Changes in this title may be initiated in
the following manner:
A The borough assembly upon its own motion;
17.72.055 Submission to assembly.
A. Within thirty days after the planning commission has acted
favorably upon a proposed zoning change in accordance with the
above provisions, a report with recommendations shall be
submitted to the assembly together with the proposed ordinance.
Such recommendations of the planning commission shall be
advisory only and shall not be binding upon the assembly. When
an ordinance has been forwarded to the borough assembly, the
assembly shall act in accordance with this chapter and notice shall
be issued as provided in Section 17.72.070, by the borough clerk.
Notice of hearing shall include a description of the protest rights
established by Section 17.72.080.
B. If the planning commission recommends denial of any proposed
amendment, its action shall be final unless the initiating party,
within ten days, files a written statement with the clerk requesting
that the commission's action be taken up by the borough
assembly,
Case 90-072
Page 3 of 8 P & Z: October 17, 1990
Public Hearing Item VI -F
COASTAL MANAGEMENT APPLICABLE POLICIES
Residential Development
1. Location
In areas with poorly draining soils, development where feasible
shall be connected to a sewer line. Where this is not feasible,
onsite facilities shall be designed so as not to cause conditions that
will pollute rivers, lakes, and other water bodies, including the
ground water supply.
Consistent: Yes. These lots are served by public sewer.
2. Open Space
Green areas and open space shall be retained to the maximum
extent feasible and prudent when land is subdivided.
Consistent: Not applicable. This action does not involve land
subdivision.
Access
New subdivisions or other residential developments on the
shoreline shall provide usable public access to and along the
shoreline, extending the length of the development, to the extent
feasible and prudent.
Consistent: Not applicable. These lots are not located along
the shoreline.
4. Hazardous Lands
Development shall not occur in hazardous areas such as
avalanche runout zones, active floodplain, and high water
channels to the extent feasible and prudent. Siting, design, and
construction measures to minimize exposure to coastal erosion,
mass wasting and historic tsunami run-up shall be required to the
extent feasible and prudent.
Case 90-072 Page 4 of 8 P & Z: October 17. 1990
Public Hearing Item VI -F
Consistent: Not applicable. This property is not located in a
known "hazardous" area.
Wetlands
Filling and drainage of water bodies, floodways, backshores, and
natural wetlands shall be consistent with ACMP Standards 6 AAC
80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats).
Consistent: Not applicable. This action does not involve
filling or draining of wetlands.
COMMENTS
The purpose of this request is to investigate the possible rezoning of two (2) lots
and a portion of another lot to R2 --Two-family Residential and a Portion of Lot
7, Block 3, Lakeside Subdivision to PL --Public Use Land.
Issues to be considered in evaluating this rezone request include conformance
with the comprehensive plan, land suitability, recent development trends in the
area, and traffic impacts including adequate access and off-street parking.
CONFORMANCE WITH THE COMPREHENSIVE PLAN
Rezoning these lots to R2 --Two-family Residential would not be in conformance
with the comprehensive plan as amended. It would, however, be consistent
with the continuing residential development along the Selief Lane corridor. As
noted by the Borough Resource Manager in a previous rezone request, this
area has seen increased residential use and development. An example of this
trend is Block 2, Iakeside Subdivision, which is zoned R1 --Single-family
Residential and is currently being developed as such. Block 2, Lakeside
Subdivision is also in the area identified for industrial development in the
amended Comprehensive Plan. Due to the lack of interest in industrial land at
this location, as evidenced by the Borough land sale offering of this site in 1986
and noted by the Borough Resource Manager in a previous rezone request for
this area, staff believes that were the comprehensive plan updated at this time,
this area would likely be redesignated for residential purposes.
Case 90-072 Page 5 of 8 P & Z: October 17, 1990
Public Hearing Item VI -F
ZONING/USE
This land is currently vacant, therefore, the use will be consistent with the
proposed R2 --Two-family Residential Zoning District. Rezoning these lots will
not result in nonconforming land uses. There is the possibility of land use
conflicts arising from the industrial use of Lots 1 through 7, which are zoned I-
-Industrial. The Borough Code requires screening between industrial and
residential land uses located on adjacent properties. For this reason, a twenty-
five (25) foot greenbelt (zoned PL --Public Use Land) will be created on a Portion
of Lot 7, to provide the needed buffer and screening.
LAND SUITABILITY
This property is well vegetated with old growth spruce. The topography, while
not exactly flat, is moderately sloped and fairly well drained. The land is
suitable for medium or high density residential development.
RECENT DEVELOPMENT TRENDS IN THE AREA
As noted earlier in the staff report, the trend in the Selief Lane corridor is one
of continuing residential development.
TRAFFIC IMPACTS
Rezoning Lots 8 and 9 and a Portion of Lot 10, Block 3, Lakeside Subdivision
from I --Industrial to R2 --Two-family Residential will not significantly affect the
traffic generation potential for this property.
SUMMARY
This area is suitable for medium or high density residential development. It
appears that rezoning these lots for residential development will be consistent
with the existing development trends in the area. Traffic will not be
significantly increased by the rezone. The comprehensive plan is not up-to-
date for this area. Very little interest for industrial land in this area was
expressed when the land was offered for sale in 1986. Rezoning this property
to R2 --Two-family Residential will not result in the creation of nonconforming
land uses because the property is currently undeveloped. A greenbelt will be
maintained between the proposed residential and the existing industrial
portions of Block 3, Lakeside Subdivision.
Case 90-072
Page 6 of 8 P & Z: October 17. 1990
Public Hearing Item VI -F
FINDINGS OF FACT
1. Findings as to the Need and Justification for a Change or Amendment.
The rezoning of Lots 8 and 9 and a Portion of Lot 10, Block 3, Lakeside
Subdivision from I --Industrial and PL --Public Use Land, and the rezoning
of a Portion of Lot 7, Block 3, Lakeside Subdivision from I --Industrial to
PL --Public Use Land is necessary and justified because the R2 --Two-
family Residential Zoning District permits development that:
A. is consistent with the trend of residential development in the Selief
Lane corridor;
B. is suitable for the property as a whole, given the physical
characteristics of the lots, and the fact that the property is
currently vacant; and
C. will not create any nonconforming land uses on the lots identified
for rezoning.
2. Findings as to the Effect a Change or Amendment would have on the
Objectives of the Comprehensive Plan.
The 1968 Kodiak Island Borough Comprehensive Plan, as amended,
shows this area to be Industrial. The history of the Selief Lane corridor
is one of continuing residential development. The rezoning of Lots 8 and
9 and a Portion of Lot 10, Block 3, Lakeside Subdivision to R2 --Two-
family Residential will be no more inconsistent with the objectives of the
comprehensive plan than Lots 1 through 19, Block 2, Lakeside
Subdivision, which were rezoned to R1 --Single-family Residential.
RECOMMENDATION
Staff finds that this rezone request meets all the required findings and
therefore recommends the Commission forward this rezoning request to the
Borough Assembly recommending approval.
Case 90-072
Page 7 of 8 P & Z: October 17, 1990
Pubile Hearing Item VI -F
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate
motion is:
Case 90-072
Move to recommend that the Kodiak Island Borough
Assembly approve the rezoning of Lots 8 and 9 and
that Portion of Lot 10 adjacent to Lots 8 and 9, Block
3, Lakeside Subdivision from I --Industrial and PL --
Public Use Lands to R2 --Two-family Residential and a
twenty-five (25) foot strip of Lot 7 adjacent to Lot 8,
Block 3, Lakeside Subdivision from I --Industrial to PL-
-Public Use Lands in accordance with Section 17.72 of
the Borough Code; and to adopt the findings contained
in the staff report dated October 9, 1990, as "Findings
of Fact" for this case.
Page 8 of 8 P & Z: October 17, 1990
Kodiak Island Borough
MEMORANDUM
To: Planning and Zoning Commission
Thru: Duane Dvorak, Associate Planner
From: Bud Cassidy, Resource Management Officer,
Subj: Item for the October 17, 1990 Planning and fning meeting
RE:
Public Hearing Item VI -F
Case 90-072 Request for rezoning of Lots 8, 9, and a Portion of Lot 10, Block
3, Lakeside Subdivision.
INTRODUCTION
The Borough Assembly has initiated this case in an effort to dispose of this property for a
specific purpose. (The Commission has earlier approved these lots for disposal.) The
Assembly is interested in the disposal of these lots to Small World, Inc. Small World
provides daycare services. Small World would be constructing a large facility to
consolidate their operations. In order to construct a facility at this site, the property must
be rezoned to a zoning category that allows daycare services as a permitted use.
The Commission's role in reviewing this request is not one of critiquing the policy decision
of the Assembly, but to determine the land use implications of this rezoning request. It
should be the Commission's role to determine if a rezoning from the Industrial zoning
category of this property to the residential zoning category is good land use policy.
REQUEST
A request to rezone this area form its present industrial zoning category to a residential
category has been made a number of times in the past. The Commission has been
reluctant to recommend a rezoning here because of what they have perceived as the need
to hang on to all remaining industrial zoned land. The Commission was concerned that the
land base of industrial zoned land was dwindling and it was important to hang on to what
land remained.
But a strong case for rezoning can be made. Recent events have demonstrated that
industrial land is used primarily for crab pot storage and for storing fishing gear and may, in
fact, be increasing with recent requests by the Natives of Kodiak, Inc. Natives of Kodiak
are interested in zoning their land in the Swampy Acres into parcels for fishing gear storage
and warehousing: Because of their proximity to piers I and II, such a request may have
merit. Because NOK's land is located somewhat away from the city limits proper, it may be
an ideal area to locate those uses of land that are not compatible with residential and
commercial uses.
The land located in the Lakeside Subdivision is better suited as residentially zoned land. It
is adjacent to other residential lands. It is located adjacent to a growing retail area
(Safeway). It is relatively close to East School and is connected by a bike trail to this public
facility. The area is also serviced by public water and sewer lines. It is a growing
residential neighborhood and node of business development, not an industrial complex
area.
CASE 90-072
Page lof 2 P&Z: October 17, 1990
Public Hearing Item VI -F
In fact, the whole area was zoned industrial in the ?ast only to be rezoned to other zoning
categories. This suggests that there is a higher and getter use of the area than for industrial
uses. The residential areas were once zoned industrial. Even the core business zoned area
that now houses Safeway, Pizza Hut, and National Bank of Alaska was once zoned
industrial.
RECOMMENDATION
It is recommended that the Commission take a broad view when reviewing this request and
determine what is the long range picture for not only these lots but lots in the whole area.
There are alternative sites located in Swampy Acres that are becoming available and are
more suitable fol. the type of uses we find industrial land being used.. These future sites
are in an area that is appropriate for incompatible uses. This cannot be said about what
little land remains in industrial zoning in Lakeside Subdivision, especially if you look at all
the changes in zoning that have occurred in this area the last few years.
CASE 90-072
Page 2of 2 P&z: October 17, 1990
Case 90-0/2
Porton of Lot 7, "lock 3,
Lakeside Suodivision to PL
o{s8ard9aadaFor ior
of Lot 10, 3lock 3,
Lakes; e Subivision to
RP--Two-'aril ResideVial
Duolic notice Area
rnnun of 500 feet from
exterior lot lines
ase : 9C-172
Pcrtioa Qf Lot 1, Elcck 3,
Lakeside Suodivsioa to' PL
ots 8 aad .9 aad a 'crtioa
of Lot 1C, 31oc 3,-
Lakesbe :Suoo;vision to
-Two-f aril esiceatial
*. ern.
- i'QUIZ. Ott,
Pudic \otice Area
aimn of :.500 feet from
exverior tot Lines
-Two..-r
1 -- Suseliiss
2 5, r
at,t
lla siJ
ase 9:—C72
Portion of Lot 7, Block 3,
Lakeside -Su cdivision to PL
Lots 8 aid 9 and a Portion
of Lot 10, Block 3,
Lakeside Subdivision to
P--Two-f anil Res' ential
Puck \otice Area
ti ininun of 500 feet from
exterior lot lines
C sci 71 ►n La./ 0C -c..
Vac./ .�@ —
CITY MANAGER
POST OFFICE BOX 1397. KODIAK, ALASKA 99615
TELEPHONE (907) 486-8640
FAX (907) 486-8600
October 10, 1990
Linda Freed, Director
Community Development Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Dear Linda:
In reference to your rezoning of Lots 8 and 9, and a portion of Lot
10, in Block 3, Lakeside Subdivision, from Industrial and Public
Use Lands to R2, please be advised the City Council desires that
the greenbelt, which is in a portion of Lot 7, be extended to have
85 foot frontage as the other greenbelts are in the area and that
Lot 6 be created as a larger lot to accommodate this proposal.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF KODIAK
t-
an T. Beuiers
Acting City Manager
HTB/nej
cc: Mayor and Council
RECEIVED
OCT 10
COMMUNITY DEVELOPMEN1
DEPT
CITY MANAGER
POST OFHCE BOX 1397. KODIAK. ALASKA 99615
TELEPHONE (907) 486-8640
FAX (907) 486-8600
October 10, 1990
Linda Freed, Director
Community Development Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Dear Linda:
In reference to your rezoning of Lots 8 and 9, and a portion of Lot.
10, in Block 3, Lakeside Subdivision, from Industrial and Public
Use Lands to R2, please be advised the City Council desires that
the greenbelt, which is in a portion of Lot 7, be extended to have
85 foot frontage as the other greenbelts are in the area and that
Lot 6 be created as a larger lot to accommodate this proposal.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF KODIAK
1
erman T. Beu` ers
Acting City Manager
HTB/nej
cc: Mayor and Council
vFI V `®
OCT 101h9U ,
COMMUNITY DEVELOPMENT
DEPT
Kodiak Island Borough
MEMORANDUM
TO: Jerome M. Selby, Mayor
FROM: Patricia Eads,. Community Development Secre
DATE: October 3, 1990
RE:
Planning and Zoning Commission review of Kodiak Island Borough
requests.
Enclosed please find a copy of the materials, concerning the below referenced
items, reviewed by the Planning and Zoning Commission at their regularly
scheduled packet review worksession held Wednesday, October 10, 1990.
If you have any questions or comments, please contact the Community
Development Department.
KODIAK ISLAND BOROUGH REQUESTS
Case 90-072. Request for the rezoning of Lots 8 and 9 and a Portion of Lot 10
adjacent to Lots 8 and 9, Block 3, Lakeside Subdivision from I --Industrial and
PL --Public Use Lands t4 R2 --Two-family Residential and a twenty-five (25) foot
strip of Lot 7 adjacent to Lot 8, Block 3, Iakestde Subdivision from I --Industrial
to PL --Public Use Lands in accordance with Section 17.72 (Manner of
Initiation) of the Borough Code. 2095, 2185, and 2207 Selief Lane. (Kodiak
Island Borough Assembly) (Prior Case 90-007)
Case 90-048. Proposed revisions to Chapter 17.57 (Off-street Parking) of the
Borough Code. (Postponed from the September 1990 regular meeting.)
Case 90-050. Proposed revisions to Chapter 17.40 (Projections into Required
Yards) of the Borough Code. (Postponed from the September 1990 regular
meeting.)
Case 90-051. Proposed revisions to Chapter 17.53 (Recreational Vehicle
Parks) of the Borough Code. (Postponed from the September 1990 regular
meeting.)
Kodiak Island Borough
MEMORANDUM
TO: Jerome M. Selby, Mayor
FROM: Patricia Eads, Community Development Secretary e
DATE: October 3, 1990
RE: Planning and Zoning Commission review of Kodiak Island Borough
requests.
Please be advised that the requests referenced below have been scheduled for
review and action by the Kodiak Island Borough Planning and Zoning
Commission at their October 17, 1990, regular meeting. This meeting will
begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak,
Alaska.
The week prior to the regular meeting, on Wednesday, October 10, 1990, at
7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a
worksession to review the packet material for the regular meeting. You are
invited to attend this worksession in order to respond to any questions the
Commission may have regarding this request.
If you have any questions, please call the Community Development Department
at 486-5736, extension 255.
KODIAK ISLAND BOROUGH REQUESTS
Case 90-072. Request for the rezoning of Lots 8 and 9 and a Portion of Lot 10
adjacent to Lots 8 and 9, Block 3, Lakeside Subdivision from I --Industrial and
PL --Public Use Lands to R2 --Two-family Residential and a twenty-five (25) foot
strip of Lot 7 adjacent to Lot 8, Block 3, Lakeside Subdivision from I --Industrial
to PL --Public Use Lands in accordance with Section 17.72 (Manner of
Initiation) of the Borough Code. 2095, 2185, and 2207 Selief Lane. (Kodiak
Island Borough Assembly) (Prior Case 90-007)
Case 90-048. Proposed revisions to Chapter 17.57 (Off-street Parking) of the
Borough Code. (Postponed from the September 1990 regular meeting.)
Case 90-050. Proposed revisions to Chapter 17.40 (Projections into Required
Yards) of the Borough Code. (Postponed from the September 1990 regular
meeting.)
Case 90-051. Proposed revisions to Chapter 17.53 (Recreational Vehicle
Parks) of the Borough Code. (Postponed from the September 1990 regular
meeting.)
KC _!AK ISLAND BOROIs a 5H
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
Public Hearing Item VI -F
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, October 17, 1990. The meeting
will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 MW Bay Road, Kodiak,
Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear
comments, If any, on the following request:
Case 90-072._, Request for the rezoning of Lots 8 and 9 and a Portion of Lot 10
adjacent to Lots 8 and 9, Block 3, Lakeside Subdivision from I --Industrial and
PL --Public Use Lands to R2 --Two-family Residential and a twenty-five (25) foot
strip of Lot 7 adjacent to Lot 8, Block 3, Lakeside Subdivision from I --Industrial
to PL --Public Use Lands in accordance with Section 17.72 (Manner of
Initiation) of the Borough Code. 2095, 2185, and 2207 Selief Lane. (Kodiak
Island Borough Assembly) (Prior Case 90-007)
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.
This notice is being sent to you because our t ccurds indicate you are a property owner In the area of the request
If you have any questions about the request, please feel free to call us at 486-5736,
extension 255.
Your Name: Mailing Addreao:
Tour property description:
Comments:
co
Pu atic Notice Area
M►nor of 5:: feet from
1
exterior lot lees
Case 90-0/2
Portion of Lot 7, 110K U,
La{elide SLbdivisior {o P_
Lots 8 ago 9 and a Fortiori
on Lot 10,E1oc{:,
Lageside SUbdivisico to
RP--Two-fali1 Resider' iii
KODIAK,CITY OF
P.O. BOX 1397
KODIAK
C G H INC
P.O. BOX 2783
KODIAK
R1448000082
AK 99615
R1448000090
AK 99615
R1448000091
AK 99615
R1448000100
HORN ETAL,JAMES & EDWINA
STEVEN E. SHARON HORN ETAL .
1776 MISSION RD
KODIAK AK 99615
DI
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R 1448000101
STANFORD, ROBERT
P.O. BOX 125
KODIAK
R1448000110
AK 99615
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S ANF RD OBE
P.O. BI 125
K
99615
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BO 1397
K DAK
99615
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AK 99615
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RUSSELLsLESTER C. BONNIE
P.O. BOX 904
KODIAK AK 99615
GROTHE•LENHART
P.O. BOX 1504
KODIAK
R1453020050
AK 99615
R1453030010
RUSSELL ETAL,CASEY
PAMELA JOHNSON
P.O. BOX 2612
KODIAK AK 99615
FREEMAN,ROBERT
P.O. BOX 2865
KODIAK
K
P
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R1453030020
AK 99615
81453030030
AK 99615
R 748401 0070
KODIAK ISLAND BOROUGH
KIB 42
710 MILL BAY RD
KODIAK AK 99615
R7434020010
GREENE,GARY E. JOYCE
1108 3 MADSEN ST
KODIAK AK 9961
ANDERSON,STOSH
P.O. BOX 310
KODIAK
R 74 84 0'Z v ii2 0
AK 99615
87484020030
AUSMAN,DAVID & VELDA
P.O. BOX 1361
KODIAK AK 99615
R 7484020040
MCKILLY ETAL,GABRIEL
YOLANDA JONES
P.O. BOX 4255
KODIAK AK 99615
R 748402 0050
ROBERTS/FREDERICK
P.O. BOX 2164
KODIAK AK 99615
R7484020060
CLOUDY/GERALD E ELLEN
P.O. BOX 2894
KODIAK AK 99615
BUR.NTHON,KIM
P.O. BOX 2103
KODIAK
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AK 99615
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KIB 42
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710 MIL BAY R
K� IAK AK 96i5
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KODIAK ISLAND BOROUGH
KIB 42
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Case 9::—C72
Por±on of Lot 7, ?lock 3,
Lakeside SUOiVSiOP to PL
Lots 8 and 9 and a Portiorl
of Lot 1 , 3oc 3,
Loese Suoovso to
2�--Two-f ar��ly es;etioi
D
\otce Area
inhun of 50: feet f
,exterior dot lines
KodiaklslandBorough
MEMORANDUM
TO: Kodiak Island Borough Assembly
THRU: Jerome M. Selby, Mayor
FROM: Community Development Iibpartme
DATE: September 20, 1990
SUBJ: Information for the September 20, 1990, regular meeting.
RE:
Ordinance 90-28. An ordinance rezoning Lots 8 and 9, and a
Portion of Lot 10, Block 3, Lakeside Subdivision from I --Industrial
to R2 --Two-family Residential and a twenty-five (25) foot strip of
Lot 7 and Lot 10 adjacent to Lot 8, Block 3, Lakeside Subdivision
from I --Industrial to PL --Public Use Lands. 2095, 2165, and 2207
Selief Lane (Kodiak Island Borough Assembly)
BACKGROUND
A similar request to the one referenced above was reviewed by the Planning and
Zoning Commission at their February and March 1990 meetings. A copy of the
staff report for the earlier case is attached for the Assembly's information.
Upon review of the similar case the Planning and Zoning Commission
recommended against the proposed rezoning. A copy of their findings is
attached. No public hearing notices have been sent out for the current request
since the case was initiated by the Assembly. Also attached is the ordinance
that rezones the identified portion of Block 3, Lakeside Subdivision.
If the Assembly wants to change the configuration of the proposed
rezoning area, the ordinance should be amended prior to adoption in first
reading.
Ordinance 90-28
Page 1 of 2 lat reading: September 20, 1990
2nd reading: October 18, 1990
APPROPRIATE MOTION
Move to adopt Ordinance 90-28 in the first reading, finding that:
the rezone of this area is necessary and justified because the new
zoning permits development that
A. is consistent with the continuing trend of residential
development in the Selief Lane corridor;
B. is suitable for the property as a whole, given the
physical characteristics of the lots, and the fact that
the property is currently vacant; and
C. will not create any nonconforming land uses on the
lots identified for rezoning.
The 1968 Kodiak Island Borough Comprehensive Plan, as
amended, shows this area to be Industrial. The history of the
Selief Lane corridor is one of continued residential development.
The rezoning of this area will be no more inconsistent with the
objectives of the comprehensive plan than the rezoning of Lots 1
through 19, Block 2, Lakeside Subdivision which have already
been rezoned to R1 --Single-family Residential..
Ordinance 90-28
Page 2 of 2 1st reading: September 20, 1990
2nd reading: October 18, 1990
KODIAK ISLAND BOROUGH
ORDINANCE 90-28
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
REZONING LOTS 8 AND 9, AND A PORTION OF LOT 10, BLOCK 3,
LAKESIDE SUBDIVISION FROM I --INDUSTRIAL AND PL --PUBLIC USE
LANDS TO R2 --TWO-FAMILY RESIDENTIAL AND A TWENTY-FIVE (25) FOOT
STRIP OF LOT 7 AND LOT 10 ADJACENT TO LOT 8, BLOCK 3, LAKESIDE
SUBDIVISION FROM I --INDUSTRIAL TO PL --PUBLIC USE LANDS.
The Kodiak Island Borough Assembly hereby ordains
that:
Section 1: Lots 8 and 9, and a Portion of Lot 10,
Block 3, Lakeside Subdivision are rezoned from I --Industrial
and PL --Public Use Lands to R2 --Two-family Residential.
Section 2: A twenty-five (25) foot strip of Lot 7
and Lot 10 adjacent to Lot 8, Block 3, Lakeside Subdivision is
rezoned from I --Industrial to PL --Public Use Lands.
Section 3: The official zoning map shall be updated
to reflect this rezoning.
Section 4: This ordinance shall be in full force and
effect upon passage and adoption.
PASSED AND APPROVED THIS
BY
Ordinance 90-28
Page 1 of 2
DAY OF , 1990.
KODIAK ISLAND BOROUGH
Jerome M. Selby, Mayor
BY
ATTEST: Lorne White, Presiding Officer
BY
Gaye Vaughan, Borough Clerk
First Reading, Approval Date:
Second Reading, Public Hearing, Approval Date:
Effective Date:
Distribution List:
Assessing Department
Community Development Department
Ordinance 90-28
Page 2 of 2
Kodiak Island Borough
•
INFORMATIONAL MEMORANDUM
TO: Kodiak Island Borough Assembl
THRU: Jerome M. Selby, Mayor C- Z. FROM: Community Development De ailment j
DATE: March 22, 1990
'i
RE: Planning and Zoning Commission Case 90-007. Request for the
rezoning of Lots 4 through 11, Block 3, Lakeside Subdivision from 1 --
Industrial to R2 --Two-family Residential in accordance with Section
17.72.030C (Manner of Initiation) of the Borough Code. 2095 - 2323
Seliet Lane and 443 Von Scheele Way; generally surrounded by Beaver
Lake;Drive, Selief Lane, and Von Scheele Way. (Kodiak Island Borough)
The Kodiak Island Borough Planning and Zoning Commission at their meeting on March
21, 1990, dented the request cited above.
Section 17.72.055 (Submission to assembly) of the Borough Code states:
B. If the planning commission recommends denial of any proposed amendment, its
action shall be final unless the initiating party, within ten days, files a written
statement with the clerk requesting that the commission's action be taken up by
the borough assembly.
The Commission adopted the following findings of fact in support of their decision:
1. ' A lack of I --Industrial land in the Kodiak area is the primary reason for denial of
this request. The Kodiak Island Borough should plan for the provision of
additional I --Industrial land before reducing the small amount of I --Industrial land
now available.
Lots 1 and 2, Block 3, Lakeside Subdivision are curtently being developed for
Industrial use, Initially commercial fishing gear storage. This development would
Informational Memorandum
Page 1 of 2 March 22, 1990
result in a land use conflict if adjacent lands were rezoned to R2 --Two-family
Residential.
3. A previous vacation and replat, Case S-88-040 which was granted preliminary
approval by the Commission, addressed concerns about the design of the
subdivision. If the final plat were filed for Case S-88-040, these lots would be
more suitable for industrial development.
It Is Important to maintain the greenbelt (Lot 10, Block 3, Lakeside Subdivision)
as an integral part of the overall area and to provide a necessary amenity for the
nearby residential development.
If you have any questions about the action of the Commission, please contact the
Community Development Department.
•
Informational Memorandum Page P. of 2 March 22, 1990
ITEM Vat VI -A.
Kodiak Island Borough
M/EMOR ANDUM
DATE: March 7, 1990
TO: Planrjing and Zoning Commission
FROM: Community Development Department,(
SUBJECT: Information for the March 21, 1990 Regular Meeting
RE: Case 90-007. Request for the rezoning of Lots 4 through 9 and 11, Block
3, Lakeside Subdivision from I --Industrial to R -2 --Two-family Residential
and Lot 10, Block 3, Lakeside Subdivision from PL --Public Use Lands to
R -2 --Two-family Residential In accordance with Section 17.72.030C
(Manner of Initiation) of the Borough Code. 2095 - 2323 Selief Lane and
443 Von Scheele Way; generally surrounded by Beaver Lake Drive, Selief
Lane; and Von Scheele Way. (Kodiak Island Borough) (Postponed from
the February 1990 regular meeting.)
Nineteen (19) public hearing notices were distributed on March 2, 1990.
Date of site visit:
Applicant:
Land Owner:
Existing Zoning;
February 9, 1990
Kodiak Island Borough
Kodiak Island Borough
Lots 4 through 9 and 11 - I --Industrial
Lot 10 - PL --Public Use Lands
Zoning History: The 1968 Comprehensive Plan identifies this area as
Residential Unclassified and PublIc and Open Space.
Portions of U.S. Survey 3468 and U.S. Survey 3467,
encompassing the future location of Block 3, Lakeside
Subdivision, were rezoned from Unclassified and
Service/Recreation to I --Industrial by Ordinance 80-14-0.
Lot 10, Block 3, Lakeside Subdivision was rezoned from 1 --
Industrial to PL --Public Use Land by Ordinance 85-29-0(A).
Page t o19 P 8 Z: March 21, 1950
ITEMWr VI ^h
No action was taken on a previous Investigation (Case 88-
'1 027) to rezone Lots 4 - 9 and 11, Block 3, Lakeside
Subdivision from I—Industrial to a different zoning district and
Lot 10, Block 3, Lakeside Subdivision from PL --Public Use
Land to a different zoning district.
Location:
Physical: 1 2095 - 2323 Selief Lane
443 Von Scheele Way
Generally surrounded by Beaver Lake Drive
Legal: Lots 4 through 11, Block 3, Lakeside Subdivision
6. Lot Size: (in square feet unless otherwise noted)
Lot 4, Block 3 38,849
Lot 5, Block,3 39,935
Lot 6, Block 3 34,576
Lot 7, Block'3 35,736
Lot 8, Blocks 32,687
Lot 9, .Block 3 37,386
Lot 10, Block 3 2.57 acres
Lot 11, Block 3 38,439
7. Existing Land Use:
Lot 4, Block 3 Vacant
Lot 5, Block 3 Vacant
Lot 6, Block 3 Vacant
Lot 7, Block 3 Vacant
c Lot 8, Block 3 Vacant
Lot 9, Block 3 Vacant
Lot 10, Block 3 Vacant
of 11, Block 3 Vacant
Page 2 of 9
P 8 2: March 21, 1990
ITEM 41-4 VI -R
8. Surrounding Land ,Use and Zoning:
North: Lot 1, Lakeside Subdivision;
Lot 9A-1, U.S. Survey 3466
Use: Warehouse, equipment storage;
single-family residence
Zoning: I—Industrial;
RR1--Rural Residential One
South: ; Lots 1 and 2, Block 2, Lakeside Subdivision
Lot 7, Block 1, Lakeside Subdivision
Use: Vacant
Zoning: R1 --Single-family Residential
PL --Public Use Lands (greenbelt)
East: Lots 1 and 3, Block 3, Lakeside Subdivision
Lots 3, 4, 5, and 6, Block 1, Lakeside Subdivision
Use: Vacant; industrial, Municipal Airport, impound lot
Zoning: I --Industrial (all lots)
West: Lots 1A through 16B, Block 1, Lakeside Subdivision 1st Addition
Use: Zero -lot -line development, single-family residence
Zoning: R2 --Two-family Residential
9. Comprehensive Plan:
10. Applicable Regulations:
The 1968 Comprehensive Plan depicts this area as
Industrial per amending Ordinance 80-13-0.
The following sections of Title 17 (Zoning) of the
Borough Code and the Kodiak Island Borough
Coastal Management Program are applicable to this
request:
' 17.72.030 Manner of initiation. Changes in this title may be initiated in the
following manner:
C. By petition of one or more owners of property within an area proposed to
be rezoned. A petition shall be in the form of an application for a change
in the boundary of a district, shall be filed in the community development
office, be accompanied by the required fee and such data and information
as may be necessary to assure the fullest practicable presentation of facts
and shall set forth reasons and justification for proposing such change.
Page 3 of 8 P 8 Z: March 21, 1990
ITEM V-A VI -A
COASTAL MANAGEMENT APPLICABLE POLICIES
a
Residential Development
1. Location
In areas with poorly draining soils, development where feasible shall be
connected to a sewer line. Where this is not feasible, onsite facilities shall
be designed so as not to cause conditions that will pollute rivers, lakes,
and other water bodies, Including the ground water supply.
Consistent: Yes. These lots are served by public sewer.
Open Space
Green areas and open space shall be retained to the maximum extent
feasible and prudent when land is subdivided.
Consistent: Not applicable. This action does not involve land
subdivision.
3. Access
New,subdivisions or other residential developments on the shoreline shall
provide usable public access to and along the shoreline, extending the
length of the development, to the extent feasible and prudent.
Consistent: Not applicable. These Tots are not located along the
shoreline.
Hazardous Lands
Development shall not occur in hazardous areas such as avalanche
runout zones, active floodplains, and high water channels to the extent
feasible and prudent. Siting, design, and construction measures to
minimize exposure to coastal erosion, mass wasting and historic tsunami
run-up shall be required to the extent feasible and prudent.
Consistent: Not applicable. This property is not located in a
known "hazardous" area.
Page 4418 P8Z: March 21,1990
ITEMi44 VI -A
Wetlands
Filling and drainage of water bodies, floodways, backshores, and natural
wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy
Facilities) and 6 AAC 80.130 (Habitats).
Consistent: Not applicable. This action does not involve filling or
draining of wetlands.
COMMENTS
The purpose of this request is to investigate the possible rezone of eight (8) lots owned
by the Kodiak Island Borough to R2 --Two-family Residential. Lot 10, Block 3, Lakeside
Subdivision is currently zoned PL --Public Use Lands. The balance of the lots are
currently zoned l --Industrial.
Issues to be considered in evaluating this rezone request include conformance with the
comprehensive plan, land suitability, recent development trends In the area, and traffic
Impacts including adequate access and off-street parking.
CONFORMANCE WITH THE COMPREHENSIVE PLAN
A rezone of these Tots to R2 --Two-family Residential would not be in conformance with
the comprehensive plan as amended. However, it would be consistent with the
continuing residential development along the Selief Lane corridor. As noted by the
Borough Resource Manager, this area has been increasingly developed for residential
use. An example of this Is Block 2, Lakeside Subdivision, which is zoned R1 --Single-
family Residential and is currently being developed as such. Block 2, Lakeside
Subdivision Is also In the area identified for Industrial Development in the amended
Comprehensive Plan. Due to the lack of interest in Industrial land at this location, as
evidenced by the Borough land sale offering of this site in 1986 and noted by the
Borough Resource Manager in his staff report, staff believes that were the
comprehensive plan to be updated at this time, this area would likely be redesignated
4 for residential purposes.
,I
01
Page 5 GIB Paz: March 21, 19W
4
ZONING/USE
ITEMVA VI -P.
The land is currently vacant, therefore, the use will be consistent with whatever zoning
district Is applied to it. A rezone of these Tots would not result In nonconforming land
uses. There would be the possibility of land use conflicts arising from the use of Lots 1,
2, and 3, Block 3, Lakeside Subdivision which are zoned I --Industrial and have not been
Included In this request for rezoning. The Commission may want to place a condition of
approval on the rezone requiring the vacation and replat of the Tots so that a new
greenbelt or buffer zone could be created between the Industrial and residential portions
of the block. The Commission should be aware that, at a minimum, the Borough Zoning
Code requires screening between Industrial activities located adjacent to residential
zones or uses.
Lots 1, 2, and 3, Block 3, Lakeside Subdivision are not In contiguous ownership with the
remaining lots of Block 3. In addition, the owners of Lots 1 and 2, are currently
developing the property for Industrial use. These three (3) lots, taken in the context of
the Industrial districts located across both sides of the intersection of Selief and Von
Scheele, form a node of industrial development. For this reason, staff believes that
these three (3) lots should remain in the I --Industrial Zone.
LAND SUITABILITY
This property is well vegetated with old growth spruce. The topography, while not
exactly flat, is moderately sloped and fairly well drained. The land is suitable for
medium density residential development; however, the size and design of the existing
lots does not lend itself to an efficient use of the land for residential purposes.
RECENT DEVELOPMENT TRENDS IN THE AREA
As noted earlier in the staff report, the trend in the Selief Lane corridor has been one of
continuing residential development.
TRAFFIC IMPACTS
A rezone of Lots 4 through 9 and 11, Block 3 from I—Industrial to R2 --Two-family
Residential and Lot 10, Block 3 from PL -Public use Land to R2 -Two-family Residential
will not appreciably affect the traffic generation potential for this area. Staff believes that
a rezone from an Industrial classification to a residential classification would result in an
overall reduction of future traffic in this area,
,Case 90-007 i Page 6 of 8 P 8 Z: March 21, 1990
ITEM4d1 VI -P
SUMMARY
This area is suitable for residential development, and it appears that rezoning this area
for residential development would be consistent with the existing development trends in
the area. Traffic will not be increased by the rezone. The comprehensive plan is not
up-to-date for this area. Very little Interest was generated for the use of Industrial land
In this area when the land was put up for sale In 1986. A rezone to R2 --Two-family
Residential would not result in the creation of nonconforming uses as this property is
currently vacant. Lots 1, 2, and 3, Block 3, Lakeside Subdivision are part of an
Industrial district that Is centered around the Intersection of Selief and Von Scheele and
should therefore remain in the Industrial district.
FINDINGS OF FACT
1. Findings as to the Need and Justification for a Change or Amendment.
The rezone of Lots 1 through 9 and 11, Block 3, Lakeside Subdivision from (--
Industrial to R2 --Two-family Residential and Lot 10, Block 3, Lakeside
Subdivision from PL --Public Use Land to R2 --Two-family Residential is
necessary and Justified because the R2 --Two-family Residential Zoning District
permits development that:
A. Is consistent with the continuing trend of residential development in the
Selief Lane corridor;
is suitable for the property as a whole, given the physical characteristics of
the lots, and the fact that the property is currently vacant; and
will not create any nonconforming land uses on the lots identified for
rezoning.
Findings as to the Effect a Change or Amendment would have on the Objectives
of the Comprehensive Pian.
The 1968 Kodiak Island Borough Comprehensive Plan, as amended, shows this
- area to be Industrial. The history of the Sellef Land corridor is one of continued
residential development. The rezoning of Lots 4 through 11, Block 3, Lakeside
Subdivision to R2 --Two-family Residential will be no more inconsistent with the
Case 90-007
Page 7 of 8 P & Z: March 21, 1990
ITEM WA V1—A
objectives of the 'comprehensive plan than Lots 1 through 19, Block 2, Lakeside
Subdivision which'were rezoned to R1 --Single-family Residential.
RECOMMENDATION
Staff finds that this rezone request meets all the required findings and therefore
recommends the Commission forward the rezoning to the Borough Assembly
recommending approval.
APPROPRIATE MOTION
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 Lots 1 through 9 and 11,
Block 3, Lakeside Subdivision, from I --Industrial to R2 --Two-
family Residential, and Lot 10, Block 3, Lakeside Subdivision
from PL --Public Use Land to R2 --Two-family Residential In
accordance with Section 17.72.030 of the Borough Code and
to adopt the findings contained in the staff report dated
March 7, 1990, as "Findings of Fact" for this case.
Page 8 of 8 PBZ: March 21, 1990
ease 90—007
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Kodiak' ; Island
Housing Authority
March 7, 1990
Kodiak Island Borough
Community Development Department
ATTENTION: Planning and Zoning Commission
710 Mill Bay Road
Kodiak, AK 99G15
Commissioners:
SUBJECT:Case 90-007 - (postponed from February 1990
regular meeting)
Kodiak Island Housing Authority continues to consider Lot
10, Lakeside Subdivision, an extremely valuable asset to
the surrounding community with Its current public Use
zoning classification.
Kodiak Island Housing Autnorlty considers the proposed
re -zoning of Lot 4 througn 9 and 11, Block 3, Lakeside
Subdivision to residential occupancy a desirable change
for the nelghborhood. Lot 10, however, should maintain
its current Public Use status to assure minimal impact on
the surrounding areas from the anticipated increase in
population.
The benefits of the existing greenbelt to current
neighborhoods and future residents of the area are
immeasurable. The public Use property assures traffic,
noise, and general congestion will be Kept to a minimum
and will continue to guarantee the livability of the
Beaver Lake area.
Thank you for your careful consideration of this Issue.
If you nave any questions, please call.
KLK/a lm
Enclosure
2815 Woody Way • Kodiak, Alaska 99615 • 907 486-8111
Resp
Karen L. Ing
Executive Director
RECFIVED
MAR 1 1990
COMMUNITY DEVELOPMENT
DEPT