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SELIEF EST BK 1 LT 11 - Rezone (3)Introduced 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 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. 0±dinance No. 90-28 Rezonin_g,Lots 8 and 9 and a 'Portion ofLot 10 adjaoeint.to Lots 8 and 9, Block 3, Lakeside Subdivision from I --Industrial to R -2 --Two Familp'Residential and an 25' Strip of Lot 7 and Lot 10 adjacent to Lot 8 and I -- 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 Volume XIII October 18. 1990 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 $12,000 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 which, may 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 N©.LL90-28 Rezoning Lots 8 and ORDINANCE and a Portion of Lot 10 adjadent 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 I-lndustrial__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 Volume XIII 9epteeber 20. 1990 Page 191 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 October 26, 1990 Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 ATTN: Linda Freed Dear Linda; CITY MANAGER POST OFFICE BOA 1397, KODIAK, ALASKA 99615 TELEPHONE (907) 486-8640 FAA (907) 486-8600 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. Acting Ci 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 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: Ordlnanee 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 rail 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 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) 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. Publlc 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 fr = I --Industrial and PL --Public Use Lands la R2--T\vo-family Residential and a twenty-five (25) foot strep of Lot 7 adjacent to Lot 8, Block 3, Lakeside Subdivision fmni I --Industrial Js PL—Pubic 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 Heinrichs, Barrett, Aspgren, and Bendel voted "no." The Commission deferred adoption of findings of fact in support of dui* decision until the New Brininess portion of the agenda. 0) Cue 8-90.094. Request for preliminary approval of the subdivision of Lot 12, U.S. Survey 3101, creating Lots 12A, 128. and 12C, U.S. Survey 3101, 3789 Spruce Cape Road (Natalie and Jeremy Jack) LINDA FREED indicated 17 public hearing notices were marled and 1 was returned stating non -objection to this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. P a 2 Minutes October 17. 1060 Page 11 of 39 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 1 -- Industrial and PL --Public Use Lands so R2--Two-Simty Residential and a twenty-five (25) foot strip of Lot 7 adjacent to Lot 8, Block 3, Lakeside Subdivision fa 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) 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. A previous vacation and replat, Case 5-88-040 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. The motion was seconded and vote. There was no further new business. I8. COMMUNICATIONS COMMISSIONER HENDEL MOVED TO ACKNOWLEDGE RECEIPT of Items A through D of communication. 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 -DOC, 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 MC 900911-07A. eazMaas Octiter 7, 1990 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 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. 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 Surrounding Land Use and Zoning: North: Lots 1A - 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 rakeside 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 V1 -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 Defter 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 for 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 tbat have occurred in this area the last few years. CASE 90-072 Page 2o( 2 P&24 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 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: CQe 90-0/2 'Dorton of Lot 1, Floc{ a{elide SLbdivisi9ri 0 0 La R2 s 8 aid 9 aid a For �ioA Lo, E, 3loc< 3, -(eside SUbdivisicn to ---wo �ar�il Reside �L olic Notice Area Minim cf 5:: feet from ex venior lot lines KODIAK,CITY OF P.O. BOX 1397 KODIAK C G H INC P.O. BOX 2783 KODIAK R1448000082 AK 99615 R*1448000090 AK 99615 R1448000091 AK 99615 R1448000100 HORN ETAL,JAMES & EDWINA STEVEN & SHARON HORN ETAL . 1776 MISSION RD KODIAK AK 99615 R1448000101 STANFORD,ROBERT P.O. BOX 125 KODIAK ODI 1,CITY OF P.O. 81 1397 K 99615 R1448000110 AK 99615 R1448000112 99615 R1448000123 99615 R1448000124 AK 99615 CITY 0 AK KODIAK 1397 R1453000009 AK 99615 R1453010010 AK 99615 R1453010030 AK 99615 R1453010040 KODIAK P.O. 0DIA OX 139 F 99615 R1453010050 AK 99615 R1453010060 ro z /-7 7‘)441.5 R1453020010 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 K 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 K Ki 71' KOD1 DIAK 3 42 MI L BAY R R7484020070 AK 99615 R7484030040 0 BOROUGH AK 99:, KODIAK ISLAND BOROUGH KIB 42 7 M LL BAs RD KO K AK 99615 KODI AK KIB 42 MI KOt R 7484030060 SLAND BOROUGH 99615 R7484030070 KODIAK ISLAND BOROUGH KIB 42 710 r LL BA RD K t AK K9 615 R7484030080 KODIAK ISLAND BOROUGH KIB 42 710 MI L BAY KODIAK I KIB 42 710 MI L Ku I AK 99615 R 7484030090 BOROUGH AK 9615 R7484030100 KODIAK ISLAND BOROUGH KIB 42 KODIAK IS KIB 42 710 MI K AK R7484030110 AND BOROUGH AY R KODIAK KIB 42 KO 99615 R 7484024_00 0 BOROUGH —8 A-YR D - AK 99615 • KUf ISLHS AUTHORITY 2815 WO KODIAK AK 99615 /414L ct'aoa ,e 4I 8©©0 VS 1515 3o3o ©D3 ©!v e7zVk 5 030 / 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 THRt1: Jerome M. Selby, Mayor FROM: Community Development De artment 4) DATE: March 22, 1990 'i RE: Planning end Zoning Commission Case 90-007. Request for the rezoning of Lots 4 through 11, Block 3, Lakeside Subdivision from I -- 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: 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 o12 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 ITEM4-4 V1 -q 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. t 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: l --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: The 1968 Comprehensive Plan depicts this area as Industrial per amending Ordinance 80-13-O. 10. ble Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of Initiation. Changes in this title may be initiated in the following manner: 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 3016 P e 2: March 21, 1890 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 ITEM V-4 VI -0. Wetlands Filling and drainage of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 MC 80.070 (Energy Facilities) and 6 MC 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 I --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 lots 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 for residential purposes. Page 5 oI 8 P & Z: March 21, 1990 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 Case 90-007: Lc) ,s L loc.( , c_a-(esiole Suboivision - ,v lc o vice intim 5r0 ext ior to A ea -P% Kodiak Kodiak Island Housing Authority March 7, 1990 Kodiak Island Borough Community Development Department ATTENTI©N: 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 glasslflcatlon. Kodiak Island Housing Authority considers the proposed re -zoning of Lot 4 through 9 and 11, Block 3, Lakeside Subdivision to residential occupancy a desirable change for the neighborhood, 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 u5e 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 have any questions, please call. KLK/aim Enclosure 2815 Woody Way • Kodiak, Alaska 99615 • 907 486-8111 Respec ully, GaWi n L. King) Executive Director RECEIVED MAR 1 1Z 1990 COMMUNITY DEVELOPMEN'J DEPT