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LAKESIDE BK 1 LT 3 - Similar Use Determinationdevelopment on this property would be a similar use. Staff's recommendation is to approve this Similar Use, that on balance, a multi structure multi -family residential development in the RB -Retail Business zoning district may be found to be similar in character and impact to a permitted boarding house, hotel, motel or multi -family residential use not located on street level. COMMISSIONER JANZ MOVED TO DETERMINE, in accordance with Section 17.03.090 (Similar Uses) of the Borough Code, that a multi structure multi -family residential development in the RB -Retail Business zoning district is similar in character and impact to a permitted boarding house, hotel, motel use and similar in character and impact to multi -family residential uses not located on the street level of a commercial building, and to adopt the findings of fact contained in the staff report dated February 14, 2007 as "Findings of Fact" for Case No. 07-016.. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: Lee Russell, the applicant spoke in favor of this request. Dane Larsen, the applicant's agent spoke in favor of this request. lie stated they are high-end attached Single Family Residences and will be sold as condominiums. Public hearing closed: Regular session opened: The Commission had a discussion. FINDINGS OF FACT [1] As it applies to multi -family residential use at this location, the proposed use is similar in character and impact to other land uses specifically permitted in the RB — Retail Business zoning district. [2] As described in the application, the uses are similar in scale and intensity to other permitted uses of land allowed in the RB -Retail Business zoning district. Multi -family residential is a permitted use in the zone, just not on street level of a commercial structure. As described in the proposal, the multi -structure multi -family residential use will not result in negative impacts on neighboring properties. The question was called, and it CARRIED 6-0. OLD BUSINESS A) Case 07-013. Adoption of "Findings of Fact" in support of the Commission's denial of a Similar Use Determination. COMMISSIONER WATKINS MOVED TO ADOPT the findings contained in the memorandum dated February 21, 2007 as "Findings of Fact" in support of the denial of a similar use determination in Case 07-013. COMMISSIONER JANZ SECONDED the motion. [31 FINDINGS OF FACT Findings of fact in support of denial are as follows: 1. The denial of the similar use determination is largely based upon the information submitted by the applicant, the City of Kodiak, and review of applicable zoning requirements and land use characteristics. Based largely on public testimony, the Commission does not believe that the proposed location is appropriate for a police station, jail and dispatch center. February 21, 2007 P & Z Commission Meeting Minutes Page 4 of 7 2. The proposed police station, jail and dispatch are determined not to be similar in character and impact to a permitted hospital use in the R2 -Two-family Residential zoning district. The kind of traffic generation by a hospital would be more compatible with surrounding residential uses. Generally, ambulances running with sirens and lights on would be going one way, i.e, too the hospital facility whereas police traffic to and from headquarters could be running sirens and lights both to and from the police station which would be more disruptive to the surrounding area. 3, Un -refuted concerns about public safety in the area surrounding the proposed police station, jail and dispatch center, related to pedestrian and vehicle traffic generated to and from the proposed facility, were not adequately addressed by petitioner, City of Kodiak. Based on the testimony of many property owners in the arca, the common perception was that the proposed police station, jail and dispatch facility would create a profoundly negative safety and economic impact on their neighborhood. 4. Comprehensive Plan: The 1997 Lakeside Safeway Subarea Plan identifies this area for residential use% o R2 -Two -Family Residential District ■ Description and Intent. The R2 -Two -Family Residential Zoning District is established as a land use district for single-family and two-family residential dwellings and limited office uses where public water and sewer services are available. For the two-family residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To Encourage the construction of single-family and two-family dwellings in the district; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family and two-family dwellings in the district; C. *** *** *** *** *** *** D, To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets. Considering the comprehensive plan identifies this area as residential, along with the description and intent for a R2 district, it is determined by the Commission that a hospital and jail/police station would, indeed, impact the development and character of the proposed neighborhood. Traffic flow and patterns would significantly be increased. Public response spoke clearly of a neighborhood of concerned homeowners, The question was called and it CARRIED 6-0. NEW BUSINESS There was no new business. COMMUNICATIONS A. KIBCMP Project Consistency Review COMMISSIONER WATKINS MOVED TO ACCEPT communications A, COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. REPORTS Lydick reported the KIBCMP Project Consistency Review is in Communications because this is a part of the Borough that has been ignored due to the policy that we only act on a complaint basis, With the re-application of the mining operator and the intent to start the operation again we went back to review the files and noted that prior Conditional Use Permits that were approved by the Commission had February 21, 2007 P & Z Commission Meeting Minutes Page 5 of 7 Linda Freed City of Kodiak 710 Mill Bay Raod Kodiak, AK 996I5 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 Hand Delivered February 26, 2007 Re: Request a Similar Use Determination, in accordance with KIBC 17.03.090, to allow a police station, including a 22 bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per KIBC 17.19.020. Dear Ms. Freed: It has been determined that the request referenced above has been denied. Findings of fact in support of this decision is as follows: FINDINGS OF FACT 1. The denial of the similar use determination is largely based upon the information submitted by the applicant, the City of Kodiak, and review of applicable zoning requirements and land use characteristics. Based largely on public testimony, the Commission does not believe that the proposed location is appropriate for a police station, jail and dispatch center. 2. The proposed police station,jail and dispatch are determined not to be similar in character and impact to a permitted hospital use in the R2 -Two-family Residential zoning district. The kind of traffic generation by a hospital would be more compatible with surrounding residential uses. Generally, ambulances running with sirens and lights on would be going one way, i.e. too the hospital facility whereas police traffic to and from headquarters could be running sirens and lights both to and from the police station which would be more disruptive to the surrounding area. 3. Un -refuted concerns about public safety in the area surrounding the proposed police station, jail and dispatch center, related to pedestrian and vehicle traffic generated to and from the proposed facility, were not adequately addressed by petitioner, City of Kodiak. Based on the testimony of many property owners in the area, the common perception was that the proposed police station, jail and dispatch facility would create a profoundly negative safety and economic impact on their neighborhood. 4. Comprehensive Plan: The 1997 Lakeside Safeway Subarea Plan identifies this area fo residential use. o R2 -Two -Family Residential District • Description and Intent. The R2 -Two -Family Residential Zoning District is established as a land use district for single-family and two-family residential dwellings and limited office uses where public water and sewer services are available. For the two-family residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To Encourage the construction of single-family and two-family dwellings in the district; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family and two-family dwellings in the district; *** *** *** *** *** *** C. D. To discourage any use which would generate other than normal, vehicular traffic on streets serving residents on those streets. Considering the comprehensive plan identifies this area as residential, along with the description and intent for a R2 district, it is determined by the Commission that a hospital and jail/police station would, indeed, impact the development and character of the proposed neighborhood. Traffic flow and patterns would significantly be increased. Public response spoke clearly of a neighborhood of concerned homeowners. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments, by filing a written notice of appeal to the Borough Clerk within ten (10) working days of the date of this decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the decision will not be final and effective until ten (10) working days following the decision. Please feel free to contact me at 486-9360 if you should have any questions regarding the determination. Duane Dvorak, Acting Director Community Development Department CC: Building Officials DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: 4d Business Item VII - A REVISED MEMORANDUM February 21, 2007 Planning and Zoning Commission Community Development Department Information for the February 21, 2007 Regular Meeting 07-013 City of Kodiak Revised Findings of Fact for the Determination, per KIBC 17.03.090, including a 22 bed jail and regional similar in character and impact to a KIBC 17.19.020.G. LOCATION: Lots 2 through 6, Lakeside Subdivision ZONING: R2 -Two-family Residential denial of a Similar Use to allow a police station, dispatch facility, as a use permitted hospital use, per The Commission requested several changes to the proposed findings at it's February 14, 2007 work session. As previously indicated the findings presented here are draft and should be considered thoroughly before adoption. Should the Commission disagree with any of the findings, those findings should be amended to reflect the Commissions deliberations on this case. The following motion is provided to adopt the proposed findings: APPROPRIATE MOTION Move to adopt the findings contained in the memorandum dated February 21, 2007 as "Findings of Fact" in support of the denial of a similar use determination in Case 07-013. FINDINGS OF FACT Findings of fact in support of denial are as follows: 1. The denial of the similar use determination is largely based upon the information submitted by the applicant, the City of Kodiak, and review of applicable zoning requirements and land use characteristics. Based largely on public testimony, the Case 07-013/Findings Page 1 of 2 P & Z: February 14, 2007 Business Item VII - A Commission does not believe that the proposed location is appropriate for a police station, jail and dispatch center. 2. The proposed police station, jail and dispatch are determined not to be similar in character and impact to a permitted hospital use in the R2 -Two-family Residential zoning district. The kind of traffic generation by a hospital would be more compatible with surrounding residential uses. Generally, ambulances running with sirens and lights on would be going one way, i.e. too the hospital facility whereas police traffic to and from headquarters could be running sirens and lights both to and from the police station which would be more disruptive to the surrounding area. 3. Un -refuted concerns about public safety in the area surrounding the proposed police station, jail and dispatch center, related to pedestrian and vehicle traffic generated to and from the proposed facility, were not adequately addressed by petitioner, City of Kodiak. Based on the testimony of many property owners in the area, the common perception was that the proposed police station, jail and dispatch facility would create a profoundly negative safety and economic impact on their neighborhood. 4. Comprehensive Plan: The 1997 Lakeside Safeway Subarea Plan identifies this area for residential use. o R2 -Two -Family Residential District ■ Description and Intent. The R2 -Two -Family Residential Zoning District is established as a land use district for single-family and two-family residential dwellings and limited office uses where public water and sewer services are available. For the two-family residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To Encourage the construction of single-family and two-family dwellings in the district; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family and two-family dwellings in the district; *** *** *** *** *** *** To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets. C. D. Considering the comprehensive plan identifies this area as residential, along with the description and intent for a R2 district, it is determined by the Commission that a hospital and jail/police station would, indeed, impact the development and character of the proposed neighborhood. Traffic flow and patterns would significantly be increased. Public response spoke clearly of a neighborhood of concerned homeowners. Case 07-013/Findings Page 2 of 2 P & Z: February 14, 2007 Findings of Fact for Case 07-013 1) Comprehensive Plan: The 1997 Lakeside Safeway Subarea Plan identifies this area for Residential use. o R2 -Two -Family Residential District ■ Description and Intent. The R2- Two-family Residential Zoning District is established as a land use district for single-family and two-family residential dwellings and limited office uses where public water and sewer services are available. For the two-family residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family and two-family dwellings in the district; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family and two-family dwellings in the district; D To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets. Considering the comprehensive plan identifies this area as residential, along with the description and intent for a R2 districts, it is determined by the commission that a hospital and jaillpolice station would, indeed, impact the development and character of the proposed neighborhood. Traffic flow and patterns would significantly be increased. Public response spoke clearly of a a neighborhood of concerned homeowners. (606 6 -mot -28'©' PRessv( (''114111-) DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: old Business Item VII - A MEMORANDUM February 14, 2007 Planning and Zoning Commission Community Development Department Information for the February 21, 2007 Regular Meeting 07-013 City of Kodiak Revised Findings of Fact for the Determination, per KIBC 17.03.090, including a 22 bed jail and regional similar in character and impact to a KIBC 17.19.020.G. LOCATION: Lots 2 through 6, Lakeside Subdivision ZONING: R2 -Two-family Residential denial of a Similar Use to allow a police station, dispatch facility, as a use permitted hospital use, per The Commission denied the above referenced variance request on January 17, 2007. At that time, the Commission elected to postpone the adoption of "Findings of Fact" for this case until the next regular meeting as permitted in the P&Z Commission bylaws. Staff has re -drafted the findings based upon the deliberations of the Commission at the time the case was heard. In order to grant a similar use determination the Commission must find that the use (or uses) proposed are similar in character and impact to one or more permitted or conditional uses that are allowed in the applicable zoning district. In this case the comparative analysis was between the proposed police station, jail, and dispatch center and a hospital use that is a permitted principal use in the R2 -Two-family Residential zoning district. In this case, the Commission could not find the standards for a similar use determination to be met. In order to complete the decision making process so that staff can properly inform the applicant of the basis for the Commission's decision, it is necessary to adopt findings which, when adopted, will begin the appeal period for this case. Without findings, the case is incomplete The findings presented here are draft and should be considered thoroughly before adoption. Should the Commission disagree with any of the findings, those findings should be amended to reflect the Commissions deliberations on this case. The following motion is provided to adopt the proposed findings: Case 07-013/Findings Page 1 of 2 P & Z: February 14, 2007 Old Business Item VII - A APPROPRIATE MOTION Move to adopt the findings contained in the memorandum dated February 14, 2007 as "Findings of Fact" in support of the denial of a similar use determination in Case 07-013. FINDINGS OF FACT Findings of fact in support of denial are as follows: The denial of' the similar use determination is largely based upon the information submitted by the applicant, the City of Kodiak, and review of applicable zoning requirements and land use characteristics. Based largely on public testimony, the Commission does not believe that the proposed location is appropriate for a police station, jail and dispatch center. 2. The proposed police station, jail and dispatch are determined not to be similar in character and impact to a permitted hospital use in the R2 -Two-family Residential zoning district. The kind of traffic generation by a hospital would be more compatible with surrounding residential uses. Generally, ambulances running with sirens and lights on would be going one way, i.e. too the hospital facility whereas police traffic to and from headquarters could be running sirens and Lights both to and from the police station which would be more disruptive to the surrounding area. 3. Unrefuted concerns about public safety in the area surrounding the proposed police station, jail and dispatch center, related to pedestrian and vehicle traffic generated to and from the proposed facility, were not adequately addressed by petitioner, City of Kodiak. This made it particularly hard for the Commission to determine whether the direct and indirect impacts to the surrounding residential neighborhood would be detrimental. Based on the testimony of many property owners in the area, the common perception was that the proposed police station, jail and dispatch facility would create a profoundly negative safety and economic impact on their neighborhood. Case 07-013/Findings Page 2 of 2 P & Z: February 14, 2007 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING JANUARY 17, 2007 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE CHAIR KING on January 17, 2007 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present David King X Duane Dvorak, Acting Director Gary Carver X Community Development Dept. Brent Watkins X Sheila Smith, Secretary Casey Janz X Community Development Dept. Gary Juenger X Bill Kersch X Vacant COMMISSIONER JUENGER MOVED TO EXCUSE COMMISSIONER KERSCH. The motion was SECONDED by COMMISSIONER JANZ. A quorum was established. APPROVAL OF AGENDA COMMISSIONER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED 5-0. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO APPROVE the minutes as submitted. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 5-0. PUBLIC HEARINGS A. Case 07-013. Request a Similar Use Determination, per KIBC 17.03.090, to allow a police station, including a 22 bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per KIBC 17.19.020.G. The location is Lakeside Subdivision, Block 1, Lots 2 through 6, and it is zoned R2 -Two Family Residential. Staff reported the purpose of Similar Use Determinations is a comparison between a proposed use that is not on the list of permitted uses in comparing that with a use that is on the list of permitted uses. In this case, the City of Kodiak has requested the review of a proposed police jail and dispatch facility. (inaudible) with the permitted hospital use that is a permitted use in the R2 zone, which is applicable to the properties along Selief Lane. Staff believes the character and impact of this police jail/dispatch center use was similar to the hospital use. However, there was a certain amount of detail (inaudible) the January 17, 2007 P & Z Commission Minutes Page 1 of 10 commissioners had asked for additional information regarding definitions, criteria, standards of review in addition to a checklist of various characteristics of the use. The two uses are dissimilar in some regard, but we're looking at the characteristics of the use that generally refer to parking, loading, traffic generation, landscaping, lighting, signage, hours of operation, waste receptacles, and that sort of thing. We found one definition of impact analysis from the reference we used which was the latest Illustrated Book of Development Definitions, 3`a Edition, published by Rutgers University. It is considered to be a premier work in that area as far as development definitions are concerned, but finding exact definitions that relate to the exact terms of our code was challenging. We provided as many direct definition references as possible, in addition, we provided some additional definitions we felt are relevant, along with some additional analysis. Impacts can be direct or indirect, Without further clarification from the code you can consider either one. It's considering whether the impacts between that use and a hospital are similar. Staff provided parking area requirements to show we have a standard for general hospitals, but we don't have a specified standard for police station. Staff has recommended the Commission grant the Similar Use Determination based on the comparative analysis. COMMISSIONER JUENGER MOVED TO GRANT s similar use determination, per KIBC 17.03.090, to allow a police station, including a 22-bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per KIBC 17.19.020.G, and to approve the findings in the staff report dated January 9, 2006 as "Findings of Fact" for this case. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing open: William Sharad who is a resident on Selief spoke against this request. Brett Richardson who is also a resident spoke against this request and submitted a petition. Mark Tho rrras is also a resident is opposed to this request. Myla Thomas, resident, spoke opposing this request. Kerri Sharad phoned in to speak against this request. Lorna Arndt phoned in to speak in favor of this request. Brian Mitchell, resident, phoned in opposing this request. Mike York, resident, phoned in opposing this request. John Miller spoke opposing this request. Public hearing closed: Regular session open: During discussion COMMISSIONER WATKINS asked Linda Freed if the City Council has chosen a site by the Baranof Park area and he shared his concerns regarding the two way traffic for emergencies, and the let out time for the jail. Linda Freed, City Manager stated the City Council has not made a final decision on a site other than a resolution they passed at their December meeting which indicated they prefer January 17, 2007 P & Z Commission Minutes Page 2 of 10 Near Island. Until the City Council resend their previous resolution and choose a new site, and award an engineering contract for that site or an alternative site they do not have a final decision. The Commission continued their discussion. The question was called, and it FAILED 5-0. COMMISSIONER CARVER MOVED TO POSTPONE this determination of Findings of Fact for this case until the February meeting. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED 5-0. B) Appeal 07-014. Request an appeal of an administrative decision, per KIBC 17.90.010.A, denying zoning compliance to construct a single family residence. The location is a portion of Lot 7, U.S. Survey 3474, and it is zoned C -Conservation. Staff stated the appellants' written argument in support for appeal is document on top, following is the staff report, and then is the appeal record. COMMISSIONER CARVER MOVED TO REVERSE the denial of zoning compliance for the construction of a single family residence on a Portion of Lot 7, U.S. Survey as created by deed at Book 57, Page 46, Kodiak Recording District.. COMMISSIONER WATKINS SECONDED the motion. Staff reported the appeal pertains to the denial of zoning compliance based on applicable sections of KIBC 17.13 pertaining to the minimum lot area and minimum lot width, This appeal only applies to the KIBC Title 17 provisions for lot width and lot area. From staff's perspective does not permit the direct considerations of circumstances surrounding the illegal subdivision of the property in 1972. It doesn't appear to staff that there is any way the Commission can address Title 16 issues of subdivision or issues of property valuation which are not within Title 17. He is sharing the 10 minutes with Brad Meyen, the attorney who has helped conduct the review even before the appeal was filed, and he is council to staff in terms of preparing the appeal packet. Brad Meyen stated this non -conformity goes back to the time when the Federal subdivision that was created with less than 5 acres. Because it was a Federal subdivision it was exempt from the otherwise applicable requirements. What occurred here is an estate deed. At the time of settling the estate the owner of Lot 7 divided it. It would not have complied at that time because in its entirety it was only approximately 3 acres, He stated the Ordinance 80-24-0 adopted June 5, 1980 that grandfathered in all the non - conformities at that time. This deed occurred after that time and that is why we've been unable to recognize this lot as a non -conformity. At this time, AS 4015.01 State statute requires the platting authority approve divisions to create subdivisions, and that was not done at that time. The Borough has looked at the code, analyzed it, and is treating this matter as to upholding the code, effects on neighboring and adjoining property owners, and in looking at that as the nature of their duties here. Mel Stevens who is assisting the appellants on this issues. He will take the 10 minute rebuttal. Randy Gilbert stated he gained information from four departments at the Borough - Assessing, Community Development, Tax Department, and Engineering and Facilities. He read from different pages from the written argument in support of appeal stating there January 17, 2007 P & Z Commission Minutes Page 3 of 10 Linda Freed City of Kodiak 710 Mill Bay Road Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us January 23, 2007 Re: Case 07-013. Request a Similar Use Determination, per KIBC 17.03.090, to allow a police station, including a 22 bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per KIBC 17.19.020.G. Dear Ms. Freed The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on January 17, 2006 denied your request and postponed adoption of findings of fact on the case referenced above until their February 21, 2007 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Duane Dvorak Acting Director Petition We (the undersigned individuals) are against the proposal to rezone the Lakeside Subdivision, Block 1, Lots 2-6 as per Kodiak Island Borough Planning and Zoning commission Case nr. 07-013 which would allow a 22 bed jail and regional dispatch facility. Name/Signature ----Address �FF Seca -.-0 -11 -c- 2/J 3 SFC -/CE 4 -11" -c -- it • •, BlcsbS SPl:e4 Lank_ 34. /� ' q -garc S,ovi,41f &i r c a- e) \\Svn .2)-1R 5atn+ gl((as �f- 2 1t�4-oo X 7..5" iz zt517-Al ,&t u5 4V a ,r Q.,3 312 ; (40th 4 C (- Z14J lam- X37- &a3 1 Vii; e5- Public Hearing Item VI -A SUPPLEMEMENT MEMORANDUM DATE: January 17, 2007 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the January 17, 2007 Regular Meeting CASE: 07-013 APPLICANT: City of Kodiak AGENT: Linda Freed REQUEST: A Similar Use Determination, per KIBC 17.03.090, to allow a police station, including a 22 bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per }UBC 17.19.020.G. LOCATION: Lakeside Subdivision, Block 1, Lots 2-6 ZONING: R2 -Two-family Residential At the packet review worksession on January 10, 2007, the Commission asked staff to clarify the requirements of KIBC 17.03.090 in order to conduct a more concise comparison of the proposed Police Station, Dispatch Center and Jail and the Hospital use which is a permitted principal use in the R2 -Two-family Residential zoning district. This additional write-up and analysis should be considered information to supplement the original staff report. Nothing here has persuaded staff to change the recommendation for this case and this information should be considered as additional clarification to the staff report which contain the recommend action and suggested findings of fact. In reviewing relevant code language, staff started with the most applicable provision of KJBC Title 17, under which auspices this request has been brought before the Planning and Zoning Commission. The specific language of ICIBC 17.03.090 is as follows: 17.03.090 Similar uses may be permitted. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. Case 07-013/Staff Report Page 1 of 7 P & Z: January 17, 2007 Public Hearing Item VI -A In addition to the code section authorizing similar use determinations, staff has reviewed and included here the "rules of construction" for interpreting provision of the Kodiak Island Borough Code (KIBC) generally: 1.04.010 Grammatical interpretation. Words and phrases shall be construed according to the rules of grammar and according to the common and approved usage. Technical words and phrases, and those which have acquired a peculiar and appropriate meaning whether by legislative definition or otherwise, shall be construed according to the peculiar and appropriate meaning. Based upon the preceding code sections, staff set about to determine what relevant definitions may already be contained within KIBC Title 17 with regard to the similar use determination process. The definition of "Use" appears to be the only relevant reference staff could identify that appears to have a "peculiar and appropriate meaning" established by legislative definition. 17.06.560 Use. "Use" means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. While the emphasis of the similar use determination is based upon a similarity of "character and impact" between certain specified land uses, it may still be helpful to know a little more about the definitions of these terms and other related definitions which are being applied in this analysis. The following definitions have been provided from "The `latest' Illustrated Book of Development Definitions" (Third Edition, ©20041 published by Rutgers University. It provides a wide range of development terms and commentary. Many of the definitions are drawn from a review of development ordinances from around the United States. This book does not always provide a perfect match with local zoning code terminology. In the following definitions, staff has provided what it believes are the most applicable definitions while staying within this single reference work. Where the borough code term could not be referenced exactly, the most appropriate term is provided with the borough code term in parentheses. In this regard staff has provided all of the following definitions from this single text, including the related comments as endnotes where appropriate. Hospital: An institution providing primary health services and medical or surgical care to persons, primary inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including as an integral part of the institution related facilities, such as laboratories, outpatient facilities, training facilities, medical offices and staffresidences.' Correctional Facility (Jail): A public or privately operated facility housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense. Case 07-013/Staff Report Page 2 of 7 P & Z: January 17, 2007 ' - Public Hearing Item VI -A Public Building (Police Station): (1) Any building used exclusively for public purposes by any department or branch of government; (2) buildings of an institutional nature and serving a public need, such as houses of worship; hospitals; schools; libraries; museums; post offices; police, rescue, and fire stations; and public utilities and services. Wireless Telecommunications Towers and Facilities (Dispatch Center): (1) A parcel of land containing a tower, sending and receiving antennas attached to the tower, and a prefabricated or modular structure or cabinets containing electronic equipment; (2) a Federal Communications Commission (FCC) -licensed facility, designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices and equipment. For purposes of this ordinance, amateur radio transmission facilities and facilities used exclusively for receive -only antennas are not classified as wireless telecommunications towers and facilities. Base Station (Dispatch Center): In wireless communications, a fixed, local radio station used to communicate with a portable or mobile radio.2 Character: Special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest and/or individuality.3 Community Facility: A building or structure owned and operated by a governmental agency to provide a governmental service to the public. Compatible Land Use: A land use and/or building(s) that, in tabus of development intensity, building coverage, design, bulk and occupancy, traffic generation, parking requirements, access and circulation, site improvements, and public facilities and service demands, is consistent with and similar to neighboring uses and does not adversely affect the quality of life of persons in surrounding or nearby buildings. Impact Analysis: A study to determine the potential direct or indirect effects of a proposed development on activities, utilities, stormwater runoff, circulation, surrounding land uses, community facilities, environment, and other factors.4 Institutional Use: A nonprofit, religious, or public use, such as a religious building, library, public or private school, hospital, or government-owned or —operated building, structure, or land used for public purposes. KIBC 17.03.090 indicates that a use not specified in a zoning district "may" be allowed by the Commission, if it is found to be similar in "character and impact" to those uses listed in the zone. Use of the word "may" clearly is permissive, but not mandatory. In addition, staff notes that the use of words "those uses" implies that a comparison may be made with one or more of the uses listed for the particular zoning district in question. Case 07-013/Staff Report Page 3 of 7 P & Z: January 17, 2007 Public Hearing Item VI -A Staff has an understanding of what if believes "character" of use entails. Staff has previously reviewed other similar use requests and applied criteria similar to those listed in the prior staff report to each case. Finding a discrete definition of "character" as it applies to the comparison of two land uses is another matter. After reviewing the definitions provided above, staff realizes that the standards previously applied to the `character" portion of a similar use determination is really much closer to the definition provided for "compatible land use". The only difference here is that the compatibility of use criteria have typically been applied to the two or more uses cited in the application for similar use determination, rather than determining compatibility with the surrounding area. Staff reviewed a large number of online zoning ordinances searching for the phrase "characteristics of use" associated with the words "zoning" and "definition". Many zoning ordinances from around the United States have reference to this term, although staff could not find what could be considered a definition. This term as found in other ordinances is most often associated with the nonconforming section of a typical zoning code. In those codes it usually describes a situation where a nonconforming use may not change from one land use classification to another, but the characteristics associated with that use may be affected by the way the property is being utilized. For example, if a nonconforming "Mom & Pop" convenience store operates on daily basis, but is later sold to a 24/7/365 convenience store chain, increases in hours of operation, traffic, noise and lighting impacts to adjoining properties may be restricted in some ordinances as an expansion of the "characteristics" of the use. The use classification itself, retail business, is not changed, but the essential relationship of the convenience store to the surrounding properties of obviously altered by these changes. Staff applies this same critera to the similar use determination, although as previously mentioned it simply used as a comparative standard between the allowed use(s) in the zone and the proposed use which is not listed in that zone. With regard to the word "impact" staff found that this term as previously applied in similar use determinations is where the proposed use is generally considered in the context of the surrounding land uses. Staff found that the phrase "impact analysis" most closely reflects how staff has applied that term "impact" in prior reviews. In response to a direct question from the Commission, staff would submit that the "impact analysis" may consider direct and indirect effects of a proposed development. While this would allow the Commission to consider the widest possible range of "impacts", staff would caution the Commission to apply a reasonable standard in terms of differentiating perceived impacts, based on perception, speculation or conjecture. Where reasonable concerns are expressed, the Commission should try to discern whether there is a factual or rational basis for the concerns of the public. When reviewing the `character" of a use, staff generally tends to review what are considered the "characteristics" of the use. Character or characteristics of the use is not a defined term in the code, however staff research indicates that character of a use means those observable manifestations of a use which are normally associated with the use and which may or may not be otherwise regulated by the zoning code. As considered in previous similar use determinations these characteristics may include but are not limited to: Case 07-013/Staff Report Page 4 of 7 P & Z: January 17, 2007 'Public Hearing Item VI -A Off -Street Parking Off -Street Loading Traffic Generation Landscaping Lighting Signage Hours of Operation Noise Waste Receptacles The Kodiak Island Borough regulates parking, loading, signage, and lighting. The borough does not regulate (through zoning) landscaping, hours of operation, noise or waste receptacles. There are provisions for waste receptacles in KIBC Title 8 which is largely a function of the Engineering and Facilities Department to implement and enforce. KIBC 17.57 provides standards for parking and loading as follows: 17.57.040 Off-street parking --Number of spaces required. A. The required number of off-street parking spaces to be provided will be determined as follows: PERMITTED USES REQUIRED OFF-STREET PARKING SPACES Churches, dance halls, schools, community building, fraternal organization, auditoriums, theaters, banquet facilities, and other places of assembly 1 per 4 seats, based on maximum seating capacity in the principal place of assembly General hospitals 1 per 500 square feet of gross floor area Offices (total area of the structure is 2,000 square feet or Tess) 1 per 200 square feet of gross floor area Except identified file and supply storage space at per 1,000 square feet of gross floor area Offices (total area of the structure is more than 2,000 square feet) I per 200 square feet of gross floor area for the first 2,000 square feet of the structure and I per 300 square feet of gross floor area for square footage in excess of 2,000 square feet, except identified file and supply storage space at 1 per 1,000 square feet of gross floor area B. The off-street parking requirement for a use not specified in this section shall be the requirement for the use specified in this section whose parking demand characteristics the community development department determines to be most similar to those of the unspecified use. D. Where a building contains more than one (I) principal use, the parking required for that building shall be the sum of the parking required for each such use. (Emphasis Added) Jails and correctional facilities are not listed in the section which establishes parking requirements in the zoning code. Staff would need to make a determination of whether to apply a listed standard. The listed options which would most likely be applied are indicated above. Staff would probably use the standards for a hospital or combination of hospital and office Case 07-013/Staff Report Page 5 of 7 P & Z: January 17, 2007 Public Hearing Item VI -A standards. Given the floor area breakdown of the proposed police station and jail the ratio of correctional beds to office space is comparable to the ratio of hospital beds to office space in a hospital setting. Staff would also consider loading and traffic generation to be comparable, although this is a somewhat subjective assessment. Staff could not identify a qualified source of information in order to quantify this characteristic. Signage is regulated under KIBC 17.60: 17.60.030 Nonresidential zoning districts. In all nonresidential zoning districts any number, type, or location of signs are permitted, subject to the following: A. No flashing signs are permitted within three hundred (300) feet of any residential zoning district unless shielded from the residential zoning district. B. The maximum height of any sign is limited to the maximum building height of the zoning district in which the sign is located. C. All signs shall be located on the same lot as, or any adjoining/abutting lot in common ownership as, the principal building or use which they are intended to serve. They may be located anywhere on the lot as long as they do not create an obstruction to traffic. D. The maximum square footage of all signs for a developed lot shall not exceed twenty-five (25) percent of the square footage of that building face fronting on the public street which the sign will face. E. The maximum square footage of a sign erected on vacant property (e.g., advertising the property for sale) is thirty-two (32) square feet. (Ord. 92-05-0.2(part), 1992; Ord. 90-32.2 (part), 1990; Ord. 81-58-0.1(part), 1981). Given that the code only has one category for "nonresidential" signs, staff presumes that the signage for both uses would be comparable. With regard to property values as mentioned in a couple of the public hearing notices returned, staff has requested a short discussion of this topic from the Borough Assessor which is attached to this supplement. A short checklist of items follows which the Commission can use to review this request and several fields are provided so that the Commission may add additional criteria as needed. It is not clear whether the use must be found similar on all counts or only a preponderance of characteristics. That will be a judgment call that the Commission will need to discuss and determine what is the appropriate level of similarity that must be found. Hospital Police Station/Jail/Dispatch Center Off -Street Parking Off -Street Loading Traffic Generation Landscaping Lighting Signage Hours of Operation Noise Waste Receptacles Case 07-013/Staff Report Page 6 of 7 P & Z: January 17, 2007 `Public Hearing Item VI -A State agencies usually regulate the size, scale, type and location of hospitals. Before one can be built, a `certificate of need" or similar instrument is required. In most urban and suburban areas, new hospital construction is rare as state agencies attempt to reduce costs by limiting new facilities. However, reconstruction, rehabilitation, and new construction for older hospitals to meet new demands are increasing. From a zoning perspective, hospitals are extremely intensive uses. They operate 24 hours a day, generate significant traffic volumes, and have many employees on different shifts. Some estimates indicate that the average hospital has three employees per bed, plus volunteers, visitors, and doctors. Because hospitals are often located in residential areas, particular attention should focus on entrances and exits; location of power plants, laundries, and other support uses; parking; and overall neighborhood impact. Hospital care is changing rapidly, and this will have an impact on the future design of hospital campuses. For instance, outpatient surgery, which accounted for less 3 percent of all surgery 20 years ago, now constitutes more than 75 percent of all surgical procedures. The result is a general downsizing of bed and long-term function and more outpatient facilities. Another change is the construction of medical office buildings on hospital campuses. They bring doctors closer to the hospitalized patients, reduce traffic and congestion, and offer some taxes from otherwise tax-exempt facilities. 2 A base station includes equipment to receive and generate radio frequency signals and an antenna. 3 Examples of an area's character might include: a pattem of residential gridiron, tree lined streets with alleys for garage access and trash removal; a business district with uniformity in building scale, materials, setbacks, street furniture, and sign design; or a waterfront promenade with fountains, public art, and design -coordinated street furniture of benches, light standards, and trash receptacles. ° The impact analysis also can include fiscal, aesthetic, social, and legal impacts. The impact analysis serves a variety of functions. It should point out what impact the proposed development will have on the factors considered and what steps are needed to mitigate the impact. This is particularly true for environmental considerations, stormwater management, and utility needs. For projects that require variances, the impact analysis can be used to determine whether substantial detriment would result — an important criterion in the granting of a variance. Finally, impact analysis allows the municipality to plan. If, for example, a development of houses is expected to generate a given number of school-age children, an impact analysis can alert the local board of education to the need to accommodate the additional load. Case 07-013/Staff Report Page 7 of 7 P & Z: January 17, 2007 Memo To: Duarte Dvorak From: Tom Anderson CC: Date: 1/17/2007 Re: Police Station Assessing Department Kodiak Island Borough Duane, To follow up our discussion last week, there's really no way to know whether locating the new police station/jail at the Selief Lane site will have an impact on property values in the area. Residents might claim that this is a straight forward exercise; a clear-cut causal relationship with the processing of law breakers leading directly to a decrease in the surrounding residential property values. In my experience as an appraiser I've observed that market influences are usually far more complex and varied. In appraisal practice it's often not reality but rather the perception of reality that affects value. The only way to know for sure how much the police station will affect property values in the area, if at all, is to wait and see how the market reacts. Ifs a question of stigma. ICs entirely possible that the neighborhood would be just as safe statistically as it ever was, but if buyers in the area perceive a higher risk of crime compared to other neighborhoods then there could be a measurable decrease in sales prices The opposite could also be true; there could in fact be an increase in crime rates in the area, but buyers might not perceive the increased risk to be significant enough to influence the amount they are willing to pay. Personally, I would be surprised to see any measurable market reaction across the entire neighborhood. I think it is more likely that the properties immediately adjacent to the police station could see a reaction, not due to the perception of increased exposure to crime but perhaps to increased traffic, after-hours noise, etc. Perhaps these potentially detrimental influences could be mitigated in the design of, and access to, the station. Let me know if I can provide further assistance in this process. Tom • Page 1 KODIAK ISLAND BOROUi',l-I COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, January 17, 2007. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the _ Kodiak Island Borough Planning and Zoning Commission, to hear cci - following request: I ] } L 4ti !' L' Ulrt CASE: 07-013 APPLICANT: City of Kodiak AGENT: Linda Freed -REQUEST: AN 1 1 2007 nt - COMMUNITY DEVELOPMENT DEPARTTMErv: —A.Similaz Use.Determination,_per KIBC_17.03.090, to allow a police station, _ including a 22 bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per KIBC17.19.020 G. LOCATION: Lakeside Subdivision, Block 1, Lots 2-6 ZONING: R2 -Residential mis notice is being sent to you because our records indicate you are a property ownertintere party in the area of #1 a request. If you do not wish to testify verbally; you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would Tike to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The fall free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, January 10, 2007, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. /� 1 /�/1 [ lb Yaur Name: /f 0 tc /-11, ,...s Mailing Address: Z.2. Ci4 Xe-Ite( `h. 4.... Your property description: 1...e) 7 -� - ,(t. J /-- Comments; . bo .9 ti �0 / �j tiroiv)Lthe FJor04C//kt •. CaLL£e /f 7 fh0t^sAf Fie' i Wa,5 fo leo t&ecL /°(r045hi jlt•1Lir`hI rrs j oeY+�rr+:/', I Wb4/r lC4 C here ` bov,, 1 t -frit /0 t ft'rid 1ptnt ' / ri• woto jGtp C.4 07 v. � 0.r �� 7Ai 1, c S�a rt rt, %I 1 ,c �^ I / / e2 Cleo55 fit., jlre-eI .jL Orn J'(A•re ' .7Y/rs UaSLIJ cebGftte Ccnof m/ ca tib , to 11 t/e&see ont f7l0tu ce.4 ci.1: h iflc-S CG( be ire`. • e oa( G. . . rr• a. - e obi �. bVfrint 1-415 er \[ ttttl ,7 ,.•"'...♦ ...G 7 1.1 n, ieridaltem#°V1► TCase #{D7 :0-13 City of kodiak.; RequostaahSimilart.Ise•LAeteri�rtna'C,�orti per K3BG�ET03 i?94 to alioau a:police station stncludtng�a . bed fat nd#reg1onal Ctispatch faclity, las a `tasctsimilar in character and0 csp' act #oka pe_rmkted hospifal,use, ;pet 17 19.020 G: The app`licant'istthetity'of''Kodiek The • 3locatton is Lakeside. Sukidivistori Blodkt1,,wLo sg2 6, and'it is, E r 'zoned R2= wo'FamilyiResidenttalxt , 3 0 400 800 Feet Map prepared for the purpose of showing the General location of the Kodiak Urban eren, June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets.. Alaska D.O.T. " . Sept. 2002 Contour infonnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 7,63,350 Created In ArcGIS 9, "NAD 27, State Plane 5 Parcel information is taken from ,selected fields in the current "computedzed jsropedy records in the Assessing Dept. Ws data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Location Agenda Item # VI A P & Z Case # 07-013 City of Kodiak Request a Similar Use Determinatiul1, per KIBC 17.03.090, to alloy a police station, including a 22 bed jail and regional dispatch facility as a use similar in character and impact to a permitted hospital use per KIBC 17.19.020 G. The applicant is the City of Kodiak. The location is Lakeside Subdivision. Block 1, Lots 2 - 6, and it is zoned R2 -Two Family Residential N E 0 400 800 Feet 11 1 1 1 Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System. GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Public Hearing Item VI -A MEMORANDUM DATE: January 9, 2007 TO: Planning and Zoning Commission FROM; Community Development Department SUBJECT: Information for the January 17, 2007 Regular Meeting CASE: 07-013 APPLICANT: City of Kodiak AGENT: Linda Freed REQUEST: A Similar Use Determination, per KIBC 17.03.090, to allow a police station, including a 22 bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per KIBC 17.19.020.G. LOCATION: ZONING: Lakeside Subdivision, Block 1, Lots 2-6 R2 -Two-family Residential Fifty One (51) public hearing notices were mailed on December 21, 2006. Date of site visit: January 8, 2007 1. Zoning History: The 1968 Comprehensive Plan described the zoning as Public and Semi -Public. The subject area was rezoned to I -Industrial in 1980. In the early 1990's this area was rezoned from I -Industrial to LI - Light -Industrial and PL -Public Use Land. In 1997 the subject area was rezoned from LI -Light -Industrial and PL -Public Use Land to R2 -Two-family Residential and RB -Retail Business (Lot 1 only) by Ordinance No. 97-18. 2, Lot Size: Existing Land Use: 4. Surrounding Land Use and Zoning: North: Lots 3 — Use: Zoning: Case 07-0 Report Approximately seven (7) acres. Impounded Vehicle Yard 12, Block 1, Lakeside Sub.; Lot 1 and 2, Block 1, Lakeside Sub. SFR on Lots 3 - 12; Industrial on Lots 1 and 2 R] -SFR on Lots 3 — 12; I -Industrial on Lots 1 and 2 Page 1 of 5 P & Z: January 9, 2007 South: East: West: Public Hearing Item VI -A Unsubdivided USS 3467 and 3469 (Kodiak Municipal Airport) Use: Airport and airport related uses Zoning: LI -Light Industrial Lot 7 Industrial Park Sub.; Lot 8 Industrial Park Sub. Use: Vacant and Outdoor storage Zoning: RB -Retail Business, Lot 7; I -Industrial, Lot 8 Lot Al -A, Block 3, Lakeside Sub. Use: Church Zoning: R2 -Two-family Residential 5. Comprehensive Plan: 6. Applicable Regulations: The 1997 Lakeside Safeway Subarea Plan identifies this area for Residential use. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.03.090 Similar uses may be permitted. A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. 17.19.010 Description and intent. The R2 -Two-family Residential Zoning District is established as a land use district for single-family and two-family residential dwellings and limited office uses where public water and sewer services are available. For the two-family residential zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family and two-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family and two-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provision of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply, and sewerage, before such services can systematically and adequately be provided. 17.19.020 Permitted uses. The following land uses are permitted in the two-family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; D. Clinics; Case 07-013/Staff Report Page 2 of 5 P & Z: January 9, 2007 E. Greenhouses; F. Home occupations; G. Hospitals; H. Parks and playgrounds; I. Professional offices; J. Schools; K. Single-family dwellings; and L. Two-family dwellings. (Emphasis Added) Staff Analysis Public Hearing Item VI -A Staff was provided a copy of a floor plan showing the proposed Police Station and Jail facility that the City of Kodiak contemplates developing on the site should the similar use determination be approved. In terms of the character and impact of typical land use related criteria, such as traffic generation, parking requirements, floor area distribution, etc., the proposed police station presents a use profile very similar to that of a permitted hospital use. Like a permitted hospital use, a police station and jail is a 24/7/365 operation. Like a hospital facility, it may be necessary from time -to -time to operate vehicles with sirens to or from the facility. This is not expected to be the case on a daily basis and typically vehicle units will be in an assigned patrol area when a response call is required. Similar to the occasional ambulance call that may arrive or depart a hospital, either delivering a trauma patient or transferring a patient to a medevac, it is expected that vehicles with sirens operating may transit the vicity of the proposed police station from time -to -time. It is not expected that this will be a daily or even common event. A review of the floor plan indicates that about 75% of the floor area will be devoted to Police Station activities and support. Most of the area is identified as office and work areas with certain areas identified for other activities such as dispatch and locker rooms. Only about 25% of the floor area is designated for the jail use, which is anticipated to have a maximum of 22 beds. Based on this floor plan, staff anticipates that the level of employee and visitor traffic and parking requirements will be similar to that of a typical hospital of similar size and bed capacity. Staff is aware of concerns about the nature of (presumably) visitor traffic and the reality of prisoner releases that are likely to occur as a result of the jail being located within the police station facility. While staff recognizes that it is a common practice to co -locate jails along with police stations, from a land use perspective, staff would be hard pressed to characterize the relative safety of surrounding residents due to jail related traffic any more than staff would be able to characterize the impact of patients seeking treatment for infectious disease or mental health disorders coming and going at a local hospital. Case 07-013/Staff Report Page 3 of 5 P & Z: January 9, 2007 'Public Hearing Item VI -A Given the size and walk ability of the community, staff would be hard pressed to determine what the effect in relative safety of local residents would be if the jail were to be located on the proposed site. As a practical observation staff believes that jail prisoners are likely to live anywhere within the community and will usually make way to their home of record upon release from incarceration. The material submitted for review does not contain adequate information upon which to say with certainty that this is the case. Based on a general knowledge of other land uses however, staff believes it may be more pertinent to know how jail operations are intended to be carried out by the landowner. If the Commission members or residents of the surrounding community have concerns about the relative impact on safety due to the additional traffic represented by jail operations, those questions should be posed to the petitioners as part of this public hearing review. If there appear to be certain limitations or conditions on the jail use that might be suggested as a way to ensure a higher level of safety and compatibility with the surrounding neighborhood, the Commission may wish to explore these options with the petitioner. The department reviewed and analyzed the following documents submitted by the applicant for this determination: 1. Application for similar use determination dated November 27, 2006 2. Copy of Floor Plan rec'd November 27, 2006 @ 1/8 inch —1'-0" The above referenced floor plan did not indicate the preparer, nor was a site plan provided to indicate exactly where on the site the facility might be placed. In common practice, institutional facilities are perceived to be public or quasi -public land or facilities that provide basic services to people or organizations. These facilities can be publicly or privately owned and operated, although the substantial nature of institutional buildings is usually reflected in the architecture design and materials used in construction. Common examples of institutional facilities provided in the Borough code include hospitals, fire stations, group homes, correctional facilities, etc. Specific examples in the Kodiak vicinity could include the Providence Kodiak Island Medical Center, the Kodiak Area Native Association building, both the Fishery Industrial Technology Center and the Kodiak Fishery Research Center on Near Island, the Borough Building and all state and local school buildings and libraries. Examples of local buildings that would probably not be considered institutional facilities without considering the use more closely are the Kodiak city shop building, the Borough baler building, Kodiak Electric Association office building and shops, Alaska Communication Systems offices and shop, etc. Case 07-013/Staff Report Page 4 of 5 P & Z: January 9, 2007 'ublic Hearing Item VI -A Findings of Fact Findings of fact in support of this decision is as follows: 1. This similar use determination is largely based upon the information submitted by the applicant, the City of Kodiak, and review of applicable zoning requirements and land use characteristics. 2. The proposed Police Station and Jail are determined to be similar in character and impact to a permitted hospital use in the R2 -Two-family, Residential zoning district on the basis of land use and zoning criteria. 3. Concerns about public safety should be discussed with the operators of the proposed facility in order that the Commission may consider appropriate stipulations or conditions of approval to ensure that the use is compatible with the surrounding area. The characteristics and impact of jail related visitor traffic or prisoner release is beyond the scope of a typical land use review and is most appropriately addressed in the standards of operation for the facility. RECOMMENDATION Staff recommends that the Commission find that the proposed Police Station, Dispatch Faciltiy and Jail are similar in character and impact to a permitted hospital use. Concerns about jail traffic or prisoner release should be discussed with the petitioner and appropriate stipulations or conditions of approval should be considered as necessary. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a similar use. determination , per KIBC 17.03.090, to allow a police station, including a 22 -bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per KIBC 17.19.020.G, and to approve the findings in the staff report dated January 9, 2006 as "Findings of Fact" for this case. Case 07-013/Staff Report Page 5 of 5 P & Z: January 9, 2007 KODIAK ISLAND BOVTUGH - COMMUNITY DEVE'-^-;QMENT DEPARTMENT 710 Mill Bay Rd., Roc:.-, -:JJ5, KODIAK, AK 99615-6398 (907) 486- _ .J 3 - FAX (907) 486-9396 www.kib.co.kodiak.ak.us Applicant Information Property owner's name �I�►.AILi_ ?tPd CflbsC) Property owner's mailing address >~ I City State Zip L` ') 1ar-S('40 Home phone Work Phone sick. fildlaar Agent's name (If applicable) C E-mail Ad Agent's mailing address SAMG- City State Zip Home phone Work Phone E-mail Addr. Property Information 1aS3otc vto — Lafl Property ID Number/s 1 ^4r Z— lD ,, Suafjr Legal Description Current Zoning: 1Z.,^2_. Applicable Comprehensive Plan:Y S.Jo Year of Plan adoption: 1 )I 19 0 t1.+•�tt.JS Present Use of Property t_Ar Z • trAg_ �RtPc.. Low . Proposed Use of Property: Lett 1J Clrt girl t mix 22 i'- --ctidscyL-- A-c 2ELgicz•IJA-t— T 7cs%— `�1ir— t \ic n. nZSt 'r 1 a : St4-4UM,- r>e I .►nay as Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review Is true and complete to the best of my knowledge and that It is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plant for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional NarrativeMistory _ As -built Survey Photographs Maps Other P perty__Owner'sSignature Da = Author' Agenf• Signature Date fkry ti ; 1 1 A delkelojimeiivplaf fdt otic ofmore,lots on which is shown the existing and proposed conditions of the lot, including topography, vegetapf drainage; flood plaihsrwetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; dre ilation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; app a 1: othatCniorrpayonM reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The' ew fll1ustra'teil'Sook:of bevelopment Definitions, ©1993 by Rutgers University) --STAFF USE ONLY .,bul l: (.:: .. .. - Code Section(e IrIvolved:> Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250 V Other (appearance requests, site plan review, e Zoning changeirom to (KIB Application received by, Staff signature Itr 50.00 NOV2 P T VERIFICATION 7.72.030 and 030.C)• g Change, chedule: Assembly Resolution July 1. 2005) Less than 1.75 acres 1.76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more 5350.00 S750.00 51.000.00 S 1,500.00 07-013 . J di cable Kodiak Island Boroueh Code Application Re,;.....Emen General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an for consideration shall be submitted to the community development deparhneht with a site plan.... ti Variance 17.66.020 Application. An application fora Variance may be fled by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan.. All applications shall be available for public inspection. I7.66.050 Approval or denial. • "...A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or resMetions, meets all of the following, the variance shall be granted: ' • ' 1.' That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. Mit the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after coniidemtion of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. I 17.66,060 , Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or`alteied; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of art enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may -require guarantees in'stich farm as deemed proper under the circumstances to ensure that the conditions designated will be compliedwith.• • Conditional Use , 17.67,020 'Application and fee. . A. An application to the community development department for - a conditional use or modification of an existing conditional use maybe initiated by a property " owner or Ilia huih'oriied agent. B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. - That granting the conditional use permit will not be hannful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.67.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to cavy out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 1733.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development„et 17.34.090 Site plan requirement. Developments of more:then three (3) common -wall structures shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit. n sre.:,r 3 , • Boundary Amendment titezoninaj AAAl. 1. r i_iifl._-.. 17.72.030 Manner of initiatioh. Cheng"es'in,this title,may_be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and _ C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. r Revised Jan. 2004 N:\CD\Templates\ComDev\Revised F -CUP Variance Application.doc '1)1NA% .ofr,„voit_sicwtts ec;srt Kodiak Police Station Selief Site Scale: l/8 2i$4.7i PUBLIC SIM POLICE rit,T: XL SECUROY npran ki) cp-tio,qv KODIAK ISLAND BOROU3ii COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, January 17, 2007. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 07-013 APPLICANT: City of Kodiak AGENT: ___REQUEST: _ LOCATION: ZONING: Linda Freed A Similar Use Determination, per KIBC 17.03.090, to allow a police station, including a 22 bed jail and regional dispatchfacility, as a use similar in- -_ character and impact to a permitted hospital use, per KJBC:17?19;020 G� �l C'1.ota JAN - 8 2007 Lakeside Subdivision, Block 1, Lots 2-6 R2 -Residential This notice is being sent to you because our records indicate you are a property owner/interested;partyyiuthe jreatof the request. If you do not wish to testify verbally; you may provide your comments in the space below; orima4etter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify viatelephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, January 10, 2007, a work session will be held at 7:30 p.m in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Nome: •t iC, /i orr:s,', .Y /eor,i /Zero. -7 Mailing Address: 36;5' & >i ht Cool+ Yo // ur property description: 3CC7 5;4- L/' s Cour 1 — -- Comments: _ My family does not want the city police station in our neighborhood. We routinely walk by the Von Scheele/Selief site. We do not want the additional traffic that the police station would draw, nor do we want the personalities that frequent a police station and jail roaming by our houses. In addition, we prefer the atmosphere of a treed lot as compared to a police station. We also have concerns about how a police station would affect the resale value of our home. A police station does not belong in a residential area. As a whole, we feel this location for the police station would negatively impact this neighborhood. urretit Location: endo 9ItemC# VI A r" Z:Case;# O7 013 its/ of Kodiak J Requestra;?SimilarU peter..pnination; perlKIBC 17`03 090,`to';allow'st a: policersfation,:includ ng a 22$bedijail�and,regional,disptch facility;�t ' :as a suss similar in character and imp pct to a 'permitted".hospitaIuse,:G: ,.:perKIBC 17 1k9 020 G The applicant sthe City df Kodiakt.The ' .;'location`is Lakesi'deSubdivision <Block 1I,tLots 2 = 6'an"d'it°is. . - zonecria2iTmio Family tSesidentlal ' , WQ -E 0 400 800 Feet 1 1 I l Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System. GPS centerline data. National Highway System, Highways, Roads, Streets..r,, Alaska D.O.T. Sept. 2002 Contour Informaton:05GS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records In the Assessing Dept. This data has not been reconciled with data contained in manual files which may be mare up-to-date. Kodiak Island Borough Community Development Department. DEC 8-06 02:17 AM co 941-,':61153 KODIAK ISLAND BOROUGH NITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 P. 01 Public Hearing Item VI -A PUBLIC HEARING NOTICE Al4ublic hearing will be held on Wednesday, January 17, 2067. The m- in the Borough Assembly Chambers, 710 Mili Bay Road, Kodl___, Island Borough Planning and Zoning Commission, to hear commen g request: CjtSE: APPLICANT: AGENT: REQUEST: - L6CATI©N; ZONING: 07 -013 City of Kodiak Linda Freed A -Similar Use Determination, per KIBC .17.03,090, to allow a policy atatiou including a 22 bed jail and regional dispatch facility, as a use salt character and Impact to a permitted hospital use, per KIBC 17.19.020 G. Lakeside Subdivision, Block 1, Lots 2-6 R2 -Residential hila the to the Mx the;approprlate toll'Iree One the Kodiak decision of 46.9363. at ue 486,Name'63. lteai• onnimeeV notice is being sent to you because tquest. 0 you do not wish to testify Commuairy Development Deportmentpjlpj liumher is: (907) 486-9396. if you public bearing section telephone number is 1400.476-5736. week prior to the regular meeting, Kodiak island Borough Conference Island Borough Codaprovides an this request if you have 0.7 j our records indicate you are a property owner/interested parr/in the area of verbally; you may provide your comments in the space below, or in a letter to the meeting. if you would litre to fax your comments to us,ow would like to testify via telephone, please call In your continents during of the meeting. The local call-in telephone number is 486-3231. The on Wednesday; January 10, 2007, a work session will be held at 7:30 p.m, in Room (4121), to review the packet material for the case. you with specific appeal rights if you disagree with the Commission's any questions about the request or your appeal rights, please feel free to call us n /j /� J% d<^L% Melling Address: +t% ligr.!t %. 1, N property dm:ripdon: 4+ Imo/ " 4�t+ i d1 • /_ a..r_. ,,idR —i �j' y[ 1/r 4 n..+ rk:ee�,, 6' "Are ..:e %Q /I er P " t +s . 2'4.•d n/ -70 /: f4 for tic,.), , i6goy :41-pv; ��� yAli , S f• is e7 tr aM-fi i A/sccrn ii` IL, it viL a. ..- _ _.._.... • .. akUN1Ti 0000 Sheila Smith From: JKazub@aol.com Sent: Wednesday, December 27, 2006 9:54 AM To: Sheila Smith Subject: Planning and Zoning Commission Question Dear Ms. Smith, I see that Casey Janz, David King and Dennis McMurry ail have terms that expire in 2006 on the web site. Do you know if three new members will be part of that meeting on the 17th or will these three still be part of that? If new members will be present do you have their names and emails as they are not on the web site today? I am against any zoning change other that the residential it is today. I want to make sure to let each member know how I feel, I will not be in town on the 17th of Jan so I want to write each one personally. Thanks for your time, Happy New Year. Best Regards, John Kozub Homeowner 2095 Selief Lane It states public hearing will be held on Wednesday, Jan 17, 2007. the meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 MITI Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission to hear comments if any, on the following request: Case: 07-013 appllcanl: city of Kodiak Agent: Linda Freed Request: A similar use delemtinahon, per KIBC 17.03.090, to allow a police station, including a 22 bed jail and regional dispatch facility, as a use similar in character and impact to permitted hospital use, per KIBC 17.19.020 G. Location: Lakeside Subdivision, Block 1, lots 2-6 Zoning: R2 -Residential" John F. Kozub 2095 Seller Lane Kodiak AK 99615 email: jkozubia,aol.com 1/2/2007 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 ANGEL & MERY CRUZ 431 VON SCHEELE WAY KODIAK, AK 99615 049J82035543 z $ 00.390 12/21/2006 Mailed From 99615 US POSTAGE NIXIE 995 1 01 01/09/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 99615639929 *1909-09024-09-29 99615%639e II,In Irin,ll,nnlLliln lln nll, 1)J L,In,Lll,lu nll�l Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 or/ DONALD L JAKLEWICZ ETAL 2321 SELIEF LN KODIAK, AK 99615 99615Z539B i 049J82035543 $ 00.390 0 12/21/2006 Mailed Rom 99615 US POSTAGE NIXIE 99S 1 01 01/13/07 RETURN. TO SENDER UNCLAIMED UNABLE TO FORWARD BC: 99615639929 *1989-05741-12-20 11I1IIL„II,,,,1,ILL,L,11111,11 )11! L„LII,II,1,ILI Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 Kodiak Island Borough N a 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 049J82035343 $ 00.39° 12/21/2006 Mailed From 99615 US POSTAGE CASEY RUSSELLETAL PO BOX 2359 GRAPY-TaAT nnn-.,�.,..__ NIXIE • 970 1 00 1.2/31/05 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 99815679029 *01.72-02339-23-34 FLInI,L„IL,n II,I,LJI i„ILLI„I„I,, LILL,i/ILL ANTHONY & SILVIA CAVAN PO BOX 9041 KODIAK, AK 99615 049382035543 $00 390 n 12/21/2006 C Mailed From 99615 US POSTAGE NIXIE 993 1 01 01/04/07 TURN TO SEDER NOT DELLIVERABLE ASNADDRESSED UNABLE TO FORWARD SC: 99613639829 *1989-00225-04-29 9961576398 I.I,I,.II1n1Ln,,1111,L,11n11J,L,InInJ,ILLn,II,1 KODIAK ISLAND BOROUvfI COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, January 17, 2007. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 07-013 City of Kodiak Linda Freed A Similar Use Determination, per KIBC 17.03.090, to allow a police station, including a 22 bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per KIBC 17.19.020 G. Lakeside Subdivision, Block 1, Lots 2-6 R2 -Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally; you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-800-478-5736. One week prior to the regular meeting, on Wednesday, January 10, 2007, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: mgtled l2 -2I O(n_ KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 LESTER L RUSSELL PO BOX 9024 KODIAK, AK 99615 WAYNE & LYNNE MURPHY PO BOX 2171 KODIAK, AK 99615 DONALD L JAKLEWICZ ETAL 2321 SELIEF LN KODIAK, AK 99615 KERI & WILLIAM SHEROD PO BOX 4345 KODIAK, AK 99615 JEFFERY & DENISE SLOCUMB 2133 SELIEF LN :KODIAK, AK 99615 THOMAS & LAURA KELLY 2020 BEAVER LAKE DR. KODIAK, AK 99615 RICHARD & SUSAN ROHRER PO BOX 2219 KODIAK, AK 99615 JAMES & ED WINA HORN C/0 DAVID HORN 717 MILL BAY RD KODIAK, AK 99615 PLUG NICKEL, LLC 2161 MILL BAY RD KODIAK, AK 99615 MILL BAY PLAZA ASSOC LTD C/0 OLIN CORPJWALT EBELL 2702 DENALI ST. 11100 ANCHORAGE, AK 99503 JIMMY W ASHFORD PO 130X 703 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 JOHN & KERRY BATEMAN 2283 SELIEF LN KODIAK, AK 99615 BRIAN & ELIZABETH MITCHELL 2195 SELIEF LN KODIAK, AK 99615 DONNA KOZUB PO BOX 4111 KODIAK, AK 99615 FILIPINO CHRISTIAN FELLOWSHIP 2050 SELIEF LN KODIAK, AK 99615 KATHLEEN MCINALLY 1986 SELIEF LN KODIAK, AK 99615 ED WAR COREA ETAL PO BOX 8625 KODIAK, AK 99615 DERRICK & BRANDY NELSON 2030 BEAVER LAKE DR KODIAK, AK 99615 LONNIE WOLFF ETAL PO BOX 4011 KODIAK, AK 99615 CASEY RUSSELL ETAL PO BOX 2359 GEARHART, OR 97138 GRANT SHIELDS PO 130X 651 KODIAK, AK 99615 MARK & MYLA THOMAS 2249 SELIEF LN KODIAK, AK 99615 SHAWN & CHERYL GORNALL 2165 SELIEF LN KODIAK, AK 99615 JEFFERY & HOLLY M HARRIS 2065 SELIEF LN .KODIAK, AK 99615 MARGARET ROBERTS 1994 SELIEF LANE KODIAK, AK 99615 GARETH & KATHERINE VANHATTEN PO BOX 4213 KODIAK, AK 99615 PLUG NICKEL LLC 2161 MILL BAY RD KODIAK, AK 99615 PAUL & SOO-KYUNG FUSSEY 2040 BEAVER LAKE DR KODIAK, AK 99615 0�-0(3 CHERRY & CLARENCECASTANEDA 357 DENALI COURT KODIAK, AK 99615 ALAN & HEATHER HANSEN 376 DENALI CT KODIAK, AK 99615 MATTHEW & JANELLE WILSON 379 SAINT ELIAS CT KODIAK, AK 99615 KEVIN & HEIDI MORRISON 368 SAINT ELIAS CT KODIAK, AK 99615 ENERGY PLUS HOMES, INC PO BOX 1066 KODIAK, AK 99615 RANDY & AUBREY DELA CRUZ 366 AUGUSTINE CT KODIAK, AK 99615 ANGEL & MERY CRUZ 431 VON SCHEELE WAY KODIAK, AK 99615 ENERGY PLUS HOMES, INC PO 130X 1066 KODIAK, AK 99615 WILFREDO & MELINDANERO 2102 BEAVER LAKE DR KODIAK, AK 99615 JONATHAN & STACY ROSS 371 ST. ELIAS COURT KODIAK, AK 99615 AGNES & ROSENDO VELASCO JR PO BOX 3377 KODIAK, AK 99615 KEITH & KATIIIE MORIN 375 AUGUSTINE CT KODIAK, AK 99615 MICHAEL EDROSA ETAL 2310 BEAVER LAKE DR KODIAK, AK 99615 KODIAK VENTURES, INC PO BOX 1066 KODIAK, AK 99615 IMELDA & CARLOS LAPENA 370 DENALI CT KODIAK, AK 99615 RENATO & IMELDAGALINDO 351 DENALI COURT KODIAK, AK 99615 BRETT & ROSEMARIE RICHARDSON 374 ST ELIAS CT KODIAK, AK 99615 SONIA RAMOS 2150 BEAVER LAKE DR KODIAK, AK 99615 ANTHONY & SILVIA CAVAN PO BOX 9041 KODIAK, AK 99615 ALBERT & GLENDA FERNANDEZ 2250 BEAVER LAKE DR KODIAK, AK 99615 JUSTIN & LORI HARFORD PO BOX 8726 KODIAK, AK 99615 Linda Freed City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Kodiak. Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us December 21, 2006 Re: Case 07-013. Request a Similar Use Determination, per KIBC 17.03.090, to allow a police station, including a 22 bed jail and regional dispatch facility, as a use similar in character and impact to a permitted hospital use, per KIBC 17.19.020 G. Dear Ms. Freed: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their January 17, 2007 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, January 10, 2007 at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department