Loading...
LEITE ADD BK 3 LT 15A - RezoneIntroduced by: Mayor Selby Requested by:Planning & Zoning Commission Drafted by: Community Development Department Introduced: 04/04/96 Public Hearing: 04/23/96 Amended: 04/23/96 Adopted: 04/23/96 KODIAK ISLAND BOROUGH ORDINANCE NO. 96-04 AN ORDINANCE REZONING LOTS 14, 14A, 14B, AND 15, (PROPOSED LOT 15A) BLOCK 3, LEITE ADDITION, FROM R1 --SINGLE FAMILY RESIDENTIAL TS! R2 --TWO FAMILY RESIDENTIAL (1619 MISSION ROAD) WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held a public hearing on this rezoning; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly approve this rezoning; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has adopted findings of fact in support of its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: Lots 14, 14A, 14B, and 15 (proposed Lot 15A), Block 3, Leite Addition, is hereby rezoned from R1 -Single family residential la R2 -Two family residential. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission in recommending the approval of this rezone are hereby confirmed as follows: 17 72 n9n A Findings ac to the NPpd and .luctifiratinn for a Change nr AmPndmpnt A rezone from R1 to R2 is needed and justified because the zoning district permits development that: A. is in conformance with the medium/high density residential designation for this Kodiak Island Borough, Alaska Ordinance No. 96-04 Page t of 2 area indicated by the Year 2000 Land Use Plan contained within the Kodiak Island Borough Comprehensive Plan; B. will not create nonconforming land uses in the rezone area; C. will not create negative impacts resulting from increased traffic; D. will not increase the density intended for these two original lots (Lot 14 and Lot 15) of Leite Addition Subdivision (one unit per original lot) and is consistent with the historical use (until road expansion in the early 1980's) of two dwellings on this parcel. 17 79 090 R Findings as to the Effect a Change nr Amendment wnnld have nn the OhjerfivPc of the Comprrhpnsiva P/an. A change of zoning from R1 to R2 is consistent with the objectives of the Comprehensive plan which designates this area as medium and high density residential. /n addition, this entire sing/e family area will be investigated for rezoning to R--2, consistent with the Comprehensive Plan and in keeping with the medium/high density residential designation bf this area. Section 4: The official zoning map shall be updated to reflect this rezoning. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY-THIRD DAY OFAPRIL, 1996 KODIAK ISLAND BOROUGH ATTEST: a ' L. Stevens, Presiding Officer Donna F. Smith, CMC/AAE, Borough Clerk . Kodiak Island Borough, Alaska Ordinance No. 96-04 Page 2 of 2 PUBLIC HEARING PUBLIC HEARING All ordinances' and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 96-04 Rezoning Lots 14, 14A, 14B, ORDINANCE and 15 (Proposed Lot 15A), Block 3, Leite NO. 96-04 Addition, From R1 --Single Family Residential TQ R2 --Two Family Residential. (1619 Mission Road) Presented for consideration was Ordinance No. 96-04 that, if adopted, rezoned property consistent with objectives of the Comprehensive Plan that designates the area as medium and high density residential. McFARLAND, moved to adopt seconded by MILLIGAN Ordinance No. 96-04. Mayor Selby said the Planning and Zoning Commission reviewed the rezone and recommended approval. Presiding Officer Stevens announced that 31 public hearing notices were mailed; one was returned in favor. McFARLAND, seconded by MILLIGAN moved to amend Ordinance No. 96-04 by adding as the final sentence in Section 3 Findings of Fact: "In addition, this entire single family area will be investigated for rezoning to R--2, consistent with the Comprehensive Plan and in keeping with the medium/high density residential designation of this area." Assemblymember McFarland felt it was the Assembly's responsibility.to direct the Commission to review and determine'whether the entire block should be R--2. Presiding Officer Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Regular Assembly Meeting April23, 1996 Volume XXI Page 96 VOTE ON MOTION TO AMEND Ayes: Burt, Heinrichs, Johnson, McFarland, Milligan, Stevens Noes: None Absent: Hancock MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Heinrichs, Johnson, McFarland, Milligan,. Burt, Stevens Noes: None Absent: Hancock MOTION CARRIED Unanimous HEINRICHS, moved to direct the seconded by MILLIGAN Planning and Zoning Commission to investigate rezoning of R--1 zoned properties adjacent to Mission Road and northeast of 17th Avenue from R--1 to R--2. Assemblymember Heinrichs felt comparable properties should be rezoned in blocks. Assemblymember Burt hoped to not cause inconvenience to others. VOTE ON MOTION Ayes: McFarland, Milligan, Heinrichs, Stevens Noes: Johnson, Burt Absent:, Hancock MOTION CARRIED 4 Ayes, 2 Noes Regular Assembly Meeting April 23, 1996 Volume XXI Page 97 Assemblymember Milligan remembered that school superintendent Bruce Johnson alluded to.a change in the foundation funding cap and asked how that affected the Borough. Mayor Selby thought it would depend on the window of the cap. He spoke to the complicating factor of what was taxed and exemptions. He remarked that since there had not been a bill in the legislature, it would be three to five years through the court system before there would be changes. He reiterated that the foundation formula "had no inflationary increases when costs have increased for six years., Assemblymember Milligan asked if any items in the school district budget had increased significantly. Mayor Selby said 85% of the school district budget was wages and benefits for professional staff. He reiterated that was a $450,000 yearly increase when the foundation formula unit stayed the same. In response to Assemblymember Burt, Mayor Selby explained that the school district budget increased about 1/2 mils per year. He added that if Borough contributions exceeded the cap, funding would be lost dollar for dollar. OLD BUSINESS None. NEW BUSINESS A. AWARDS None. B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 96-04 Rezoning Lots 14, 14A, 14B, and 15 (Proposed Lot 15A), Block 3, Leite Addition From R1 --Single Family Residential TQ R2 --Two Family Residential. (1619 Mission Road) Presented for consideration was Ordinance No. 96-04 that, if adopted, rezoned property consistent with objectives of the Comprehensive Plan which designates the area as medium and high density residential. Regular Assembly Meeting April4, 1996 OLD BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 96-04 Volume XXI Page 87 McFARLAND, seconded by MILLIGAN moved to advance Ordinance No. 96-04 to public hearing on April 23, 1996. Assemblymember Heinrichs was concerned that the property was in the middle of an R-1 zoning district. He suggested the Planning and Zoning Commission use the areawide land use plan to avoid spot zoning. At the request of Mayor Selby, Bob Scholze, Community Development Department associate planner, responded that it was a special circumstance and the Commission intended to explore a rezone of the entire block to be consistent with the land use plan. Assemblymember Heinrichs understood the special circumstance but was uncomfortable with the patchwork process in rezoning. He wanted direction given to use the area land use plan. Mr. Scholze reported that those concerns were the same expressed by staff. Following discussion of the process to give direction to the Commission, it was suggested that an amendment to the ordinance be made at the public hearing. VOTE ON MOTION TO ADVANCE Ayes: Burt, .Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens Noes: None MOTION CARRIED Unanimous OTHER ITEMS D. OTHER ITEMS 1. Vacation of the Twenty Foot (20') Wide VACATION Utility Easement Along the Rear Lot Line of Lot 6, Block 9, Woodland Acres Subdivision 5th Addition. (3547 Sharatin Road and 300 Teal Way) JOHNSON, seconded by HEINRICHS Regular Assembly Meeting April4, 1996 moved to approve the vacation of a twenty - foot (20') wide utility easement along the rear lot line of Lot 6, Block 9, Woodland Acres Subdivision 5th Addition (3547 Sharatin Road and 300 Teal Way). Volume XIII Page 88 Kodiak Island Borough AGENDA STATEMENT Meeting of: April 4, 1996 ITEM NO. Ordinance No. 96 - ITEM TITLE: An Ordinance rezoning Lots 14, 14A, 14B, and 15 (proposed Lot 15A), Block 3, Leite Addition from R1 -Single family residential to R2 -Two family residential. SUMMARY STATEMENT: The purpose of this request is to investigate the possible rezone of four (4) small non -conforming lots along Mission Road in Block 3 of Leite Addition from R1 -Single family residential to R2 -Two family residential. A non -permitted duplex covers portions of all four of the lots. On March 20, 1996 the Commission granted preliminary plat approval to a vacate and replat request to combine all four of these lots into one (proposed Lot 15A), subject to City Council approval of the vacation of an 8 foot wide access easement. Since properties immediately across Mission Road from proposed Lot 15A, are zoned R2, rezoning these lots to R2 is not inconsistent with existing zoning in the area. R2 zoning is also in conformance with the Comprehensive Plan, and would eliminate what is technically a zoning violation, since the existing duplex on the property was constructed in 1982, 2 years after the general grandfathering ordinance became effective. The Planning and Zoning Commission held a public hearing on this rezone request at their March 20, 1996 regular meeting. The Commission has recommended that the Kodiak Island Borough Assembly approve this rezone. Findings in support of the Commission's decision are'included'Hin the ordinance. Acknowledging that this might be perceived as "spot zoning", the Commission has directed staff to investigate the current zoning of the entire Block 3 of Leite Addition, the wishes of property owners in that block and, based on that information, the possibility of expanding the rezone area to include all of Block 3 The information considered by the Commission in making this recommendation, is attached. FISCAL NOTES [X] N/A Expenditure Required -0- General Fund N/A Account APPROVAL FOR AGENDA: Mayor: RECOMMENDED ACTION: Introduced by: Mayor Selby Requested by:Planning & Zoning Commission Drafted by: Community Development Department Introduced: 04/04/96 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. 96-04 AN ORDINANCE REZONING LOTS 14, 14A, 14B, AND 15, (PROPOSED LOT 15A) BLOCK 3, LEITE ADDITION, FROM R1 --SINGLE FAMILY RESIDENTIAL TS2 R2 --TWO FAMILY RESIDENTIAL (1619 MISSION ROAD) WHEREAS, the Kodiak Island Borough Planning and Zoning Commission held a public hearing on this rezoning; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly approve this rezoning; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has adopted findings of fact in support of its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: Lots 14, 14A, 14B, and 15 (proposed Lot 15A), Brock 3, Leite Addition, is hereby rezoned from R1 -Single family residential to R2 -Two family residential. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission in recommending the approval of this rezone are hereby confirmed as follows: 17 79 070 A Findings ac to the Need and ./ustiflratinn fnr a Change nr Amendment A rezone from R1 to R2 is needed and justified because the zoning district permits development that A. is in conformance with the medium/high density residential designation for this area indicated by the Year 2000 Land Use Plan contained within the Kodiak Kodiak Island Borough, Alaska Ordinance No. 96-04 Page 1 of 2 Island Borough Comprehensive Plan; B. will not create nonconforming land uses in the rezone area; C. will not create negative impacts resulting from increased traffic; D. will not increase the density intended for these two original lots (Lot 14 and Lot 15) of Leite Addition Subdivision (one unit per original lot) and is consistent with the historical use (until road expansion In the early 1980's) of two dwellings on this parcel. 17 79 090 R Findings as to the Fffert a Change nr Amendment would have on the 0bjertivvc of the Cnmprehensive Plan A change of zoning from R1 to R2 is consistent with the objectives of the Comprehensive plan which designates this area as medium and high density residential. Section 4: The official zoning map shall be updated to reflect this rezoning. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 1996 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Gary L. Stevens, Presiding Officer ATTEST: Donna F. Smith, CMC/AAE, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. 96-04 Page 2 of 2 3/ /M4,4 -t4 KODIAK ISLAND BOROUGH BOROUGH ASSEMBLY/CLERK'S OFFICE 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING A public hearing will be held on Tuesday. April 23. 1996. 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 Assembly, to hear comments on: Ordinance No. 96-04 Rezoning Lots 14, 14A, 14B, and 15 (Proposed Lot 15A), Block 3, Leite Addition From R1—Single Family Residential Tn R2 --Two Family Residential. (1619 Mission Road) If you do not wish to testify verbally, you may provide your comments in the space below and fax to 486-9391 or hand deliver to the office of,the Borough Clerk prior to 5:00 p.m. on April 23, 1996. Comments favoring and opposing are encouraged. If you have any questions, please call us at 486-9310. Your name: Mailing Address: Comments: Kodiak Island Borough *LIVE* GEO BASED PROPERTY S Y S T E N .PAGE DATE 2/29/96 VENUE: CITY L60220 TIME 11:30:50 FORM LETTER #: 1 PROPERTY GROUP LISTING GROUP #: 96051 CDSEC3 FORM LETTER DESCRIPTION: PNN VENUE 1 Q` �5 &\U �QI PROPERTY NUMBER OWNER NAME PROPERTY ADDRESS l MAILING ADDRESS R1120510011 R1120510021 R1120510181 R1120510190 R1200020080 R1200020090 R1200020100 R1200020110 R1200020120 R1200020131 R1200030010 R1200030020 R1200030052 DANA & SUSAN REID CURTIS LAW MARSHA NICHOLS E & D SCHMELZENBACN WAYNE MURPHY ROLAN RUOSS DONALD PARKER ETAL 1527 ISMAILOV ST KODIAK ANN ISMAILOV ST KCOIAK AK 99615 AK 99615 REID,DANA & SUSAN 1813 SIMEONOFF ST KODIAK CURTIS LAW P.O. BOX 42 KODIAK 1526 REZANOF DR E NICHOLS,KARSHA KODIAK AK 99615 P.O. BOX 1725 KODIAK 1528 REZANOF DR E E & D SCHMELZENBACN KODIAK AK 99615 920 REZANOF DR E KODIAK 1524 ISMAILOV ST KODIAK 1526 ISMAILOV ST KCOIAK 1528 ISMAILOV ST KODIAK BONNIE BRECKBERG 1527 MISSION RD KODIAK SVEA RICKS GLENN & VIRGIN! DICK MARION STIRRUP LENNART GROTHE ARYAN & HELEN WANDERSEE 1725 MISSION RD KODIAK 1529 MISSION RD KODIAK 1525 MISSION RD KODIAK 1610 1SNAILOV ST KODIAK 1612 ISMAILOV ST KODIAK AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 WAYNE MURPHY P 0 BOX 2171 KCOIAK RUOSS,ROLAN P 0 BOX 1371 KODIAK PARKER ETAL,DONALD P.O. BOX 606 KCOIAK BRECKBERG,BONNIE 1418 01 KOUSKOV KODIAK RICKS,SVEA 1418 01 KOUSKOV KODIAK GLENN & VIRGINIA DICK P 0 BOX 2182 KODIAK MARION STIRRUP P.O. BOX 1694 KODIAK , LENNART GROTHE P 0 BOX 1504 KODIAK AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 WANDERSEE,ARYAN & HELEN P.O. BOX 2226 KODIAK AK 99615 Mike and Candy McGuire 1621 Mission Road Kodiak, AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 March 21, 1996 RE: Case 96-005. Request for a rezone, in accordance with Section 17.72.030.0 of the Borough Code, of Lots 14, 14A, 14B, & 15, (proposed Lot 15A) Block 3, Leite Addition, from R1 -Single family residential to R2 -Two family residential. 1619 Mission Road. Dear Mr. & Mrs. McGuire: The Kodiak Island Borough Planning and Zoning Commission at their meeting on March 20, 1996, moved to forward the request cited above, recommending approval, to the Borough Assembly. This item will likely appear for first reading at the Assembly's April 4, 1996 regular meeting and if approved, will likely appear for second reading and a public hearing at the Assembly's April 18, 1996 regular meeting. Please confirm these dates with the Borough Clerk, Donna Smith, at 486- 9310, no sooner than five (5) working days from the date of this letter. Section 17.72.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The Commission adopted the following findings of fact in support of their recommendation to the Assembly: Kodiak Island Borough Mike and Candy McGuire March 21, 1996 Page Two 17.72.020A. Findings as to the Need and Justification fora Change or Amendment A rezone from RI to R2 is needed and justified because the zoning district permits development that: A. is in conformance with the medium/high density residential designation for this area indicated by the Year 2000 Land Use Plan contained within the Kodiak Island Borough Comprehensive Plan; B. will not create nonconforming land uses in the rezone area; C. will not create negative impacts resulting from increased traffic; D. will not increase the density intended for these two original lots (Lot 14 and Lot 15) of Leite Addition Subdivision (one unit per original lot) and is consistent with the historical use (until road expansion in the early 1980's) of two dwellings on this parcel. 1772.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from R1 to R2 is consistent with the objectives of the Comprehensive plan which designates this area as medium and high density residential. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9362. Sincerely, "OC ob Scholze, Ass 'ate Planner Community Development Department cc: Donna Smith, Borough Clerk FINDING OF FACT 1. At 16,625 square feet, Lots 5 & 6 are fairly small relative to the size of the large existing two-story structure on the property. With parking code revisions that have been instituted since the building was constructed, all available outdoor area on the property has been utilized to support required parking for the business uses downstairs in the building. The new owner of this old building will be restricted from fully using all of its floor area without this determination by the Commission. This meets the intent of what this code section was designed to do. The MOTION was seconded. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. Case 96-005. Request for a rezone, in accordance with Section 17.72.030.0 of the Borough Code, of Lots 14, 14A, 14B, & 15, (proposed Lot 15A) Block 3, Leite Addition, front R1 -Single family residential to R2 -Two family residential. 16191vMlssion Road. BOB SCHOLZE indicated 33 public hearing notices were mailed for this case and 2 were returned, stating non -objection to this request. Staff recommended forwarding this request to the Assembly with a recommendation of approval. COMMISSIONER BELL MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Lots 14, 14A, 14B, and 15 (proposed Lot 15A), Block 3, Leite Addition, from R1 -Single family residential to R2 -Two family residential, and to adopt the findings of fact in the staff report dated February 27, 1996, in support of this recommendation. FINDINGS OF FACT 17.72,020 A. Findings as to the Need and Justification for a Change or Amendment. P & Z Minutes: March20, 1996 Pagc ] c(13 A rezone from RI to R2 is needed and justified because the zoning district permits development that: A. is in conformance with the medium/high density residential designation for this area indicated by the Year 2000 Land Use Plan contained within the Kodiak Island Borough Comprehensive Plan; B. will not create nonconforming land uses in the rezone area; C. will not create negative impacts resulting from increased traffic; D. will not increase the density intended for these two original lots (Lot 14 and Lot 15) of Leite Addition Subdivision (one unit per original lot) and is consistent with the historical use (until road expansion in the early 1980's) of two dwellings on this parcel. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from R1 to R2 is consistent with the objectives of the Comprehensive plan which designates this area as medium and high density residential. The MOTION was seconded. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The Commission discussed the possibility that this might be interpreted as "spot zoning" and requested that their intent be clarified, in the Assembly Agenda Statement, that all of Block 3 in Leite Addition, and other R1 zoned properties adjacent to Mission Road and northeast of 17th Avenue, be investigated for possible rezoning to R2. The question was called and the motion CARRIED by unanimous roll call vote. C) Case 896-009. Request for preliminary approval of the vacation of Lots 14, 14A, 14B and 15, Block 3, Leite Addition, and replat to Lot 15A, Block 3, Leite P &: z Minutes: March 20, 1996 Page 4 of 13 Mike and Candy McGuire 1621 Mission Road Kodiak, AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 April 24, 1996 RE: Case S96-009. Final approval of the vacation of Lots 14, 14A, 14B and 15, Block 3, Leite Addition, and replat to Lot 15A, Block 3, Leite Addition, and vacation of an eight (8) foot wide access easement. 1619 Mission Road. Dear Mr. & Mrs. McGuire: Your proposed subdivision has been processed and is hereby approved. Please instruct your surveyor to complete the final plat and submit the blackline mylar and the appropriate number of copies to this office. It is your responsibility to obtain the required ownership, surveyor and ADEC signatures prior to filing by the Borough. Please insure that the notary stamp is visible on the mylar of the final plat so that there are no unnecessary delays at the recording office. Please be advised that property taxes are due and payable when billed. Your final plat will not be recorded until any applicable taxes due have been paid in full. If property taxes have already been paid in full then please disregard this notice. A disapproved plat can be refiled within twenty (20) working days of notification of first disapproval. If disapproved again, the plat shall be void and a new application fee will be required for subdivision of the property. A decision of the Community Development Department Director is final unless appealed to the Kodiak Island Borough Planning and Zoning Commission within ten (10) working days of receipt of this notice. If you have any questions about the action taken regarding this final plat, please contact this office at 486- 9362. Sincerely, 4 Bob Scholze, Associate Planner Community Development Department Ecldund Surveying Public Hearing Item Vi -B Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT - March 13, 1996 Meeting of. March 20, 1996 ITEM TITLE: Case 96-005. Request for a rezone, in accordance with Section 17.72.030.0 of the Borough Code, of Lots 14, 14A, 14B, & 15, (proposed Lot 15A) Block 3, Leite Addition, from R1 -Single family residential to R2 -Two family residential. 1619 Mission Road. RECOMMENDED ACTION: Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 14, 14A, 14B, and 15 (proposed Lot 15A), Block 3, Leite Addition, from R1 -Single family residential to R2 -Two family residential, and to adopt the findings of fact in the staff report dated February 27, 1996, in support of this recommendation. DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Publie Hearing Item VI -B Kodiak Island Borough MEMORANDUM February 27, 1996 Planning and Zoning Commission Community Development Department Information for the March 20, 1996 Regular Meeting 96-005 Mike and Candy McGuire Request for a rezone, in accordance with Section 17.72.030.0 of Borough Code, of Lots 14, 14A, 14B, and 15 (proposed Lot 15A), Block 3, Leite Addition, from R1 -Single family residential to R2 -Two family residential. 1619 Mission Road R1 -Single family residential Thirty-three (33) public hearing notices were distributed on March 4, 1996. Date of site visit: 1. March 11, 1996 Zoning Hiistory: The 1968 Comprehensive Plan identifies this area as R1 -Single family residential. 2. Lot Size: 3. Existing Land Use: 4. Surrounding Land Use and Zoning; North: South: East: 13,619 square feet (four lots) Duplex (Two dwellings attached across lot lines) Potatopatch Lake Use: N/A Zoning: R1 Lot 11C -1A, 13k. 8 and Lot 10, Bk. 6, Leite Addition Use: SFR (Lot 8) and Vacant (Lot 10) Zoning: R2 Lot 12A, Bk. 3, Leite Addition. Case 96-005 Page 1 of g P & Z: March 20, 1996 Use: Zoning: West: Lot 16, Bk. Use: Zoning: 5. Comprehensive Plan: 6. Applicable Regulations: Public Hearing Item VI -B SFR R1 3, Leite Addition SFR R1 The 1968 Comprehensive Plan depicts this area as medium and high density residential. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice, shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Case 96-005 Page 2 of 8 P $ Z: March 20,1996 Public Hearing Han W -B COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, onsite facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: 2. Open Space Not applicable. These lots are served by public utilities. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Not applicable. These properties are located in a long - existing subdivision. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not applicable. These properties are not located along the shoreline. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run-up shall be required to the extent feasible and prudent. Consistent: Not applicable. These properties are not located in a known hazardous area. Case 96-005 Page 3 of 8 P & Z: March 20, 1996 Public Hearing leen VI -13 5. Wetlands Filling and drainage of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. This action does not involve fill or drainage of water bodies. COMMENTS The purpose of this request is to investigate the possible rezone of four (4) nonconforming Tots along Mission Road in Leite Addition Subdivision from R1 -Single family residential to R2 -Two family residential. A single structure covers all four of the lots, which, according to KIBC 17.36.030, causes the properties to be considered as an undivided parcel for zoning purposes. Since the property is presently zoned R1 -Single family residential, the use of the structure as a duplex is essentially a zoning violation. Zoning and building permit #4873 issued in April of 1982 was for construction of a addition above the garage to be used for storage. At some time subsequently this was apparently converted into a second dwelling unit without permits and contrary to the zoning. Electric permit #CE93019 was issued in March of 1993 for an additional meter base. This rezone request is not inconsistent with the Kodiak Island Borough Comprehensive Plan since the area immediately surrounding these properties is indicated as high and medium density residential in the Year 2000 Land Use Plan contained within that document. For that reason, most of the lots in Blocks 5, 6, 7, and 8 of Leite Addition across Mission Road from the subject property and to the south were rezoned to R3 -Multi family Residential by Ordinance 73-26-0. A number of these lots in Blocks 6 and 8, Leite Addition, including the properties immediately opposite the subject property, were then rezoned from R3 to R2 by Ordinance 80-44-0. The issue of `kpot zoning" should be examined as it may relate to this case since it is generally poor planning practice and prohibited by state statute. Spot zoning is described as the ..rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land uses and that does not further the comprehensive zoning plan." The comment accompanying this definition in The New Illustrated Book of Development Definitions, page 262 (attached) Case 96-005 Page of P&Z: March 20, 1996 Public, Hearing Hem VI -B further qualifies the definition by noting that spot zoning is invalid only when all the following factors are present: 1) a small parcel singled out for special and privileged treatment; 2) the singling out is not in the public interest but only for the benefit of the land owner, and 3) the action is not in accord with a comprehensive plan. According to this analysis, since the Borough Comprehensive Plan designates this area as a mix of medium and high density residential, a rezone to R2 would not constitute spot zoning. And also, as noted, the property immediately across the Mission Road is zoned R2. When Lot 2, Block 1, USS 3066AB, approximately 700 feet down Mission Road, was rezoned to R2 as a single lot in 1983 by Ordinance 83-43-0 (Case 83-029), it was justified at the P&Z public hearing as not constituting spot zoning since it adjoined R2 zoned land. That same reasoning is applicable to this case. These four lots combine to form a parcel of 13,619 square feet (proposed Lot 15A, subdivision request Case # S96-009 on this month's agenda). This vacation and replat nearly doubles the minimum area (7,200 square feet) of both the R1 and the R2 zoning districts. This will eliminate the nonconformity associated with the four small lots.. Since the duplex use of this property has existed for a number of years with no complaints resulting from negative neighborhood impacts, there is nothing to suggest that a rezone to R2 would be contrary to the public interest. There is sufficient parking area in front of the structure to support the parking currently required by code for a duplex (three 9 foot by 18 foot spaces per unit; six spaces total). While a rezone should not be used as a tool to legitimize non -permitted land uses, in past cases involving rezones from residential to commercial, rezoning has been employed to sanction uses allowed by exception or as nonconforming uses (Cases 88-036 and 94-008). The staff report for the rezone of a portion of the Kodiak Baptist Mission complex from RR1-Rural Residential One to UNC -Urban Neighborhood Commercial (an area designated by the Comprehensive Plan for medium density residential) rationalized as follows: "The intent of this request is to implement appropriate zoning that will bring the land uses on and around the Kodiak Baptist Mission lands into conformity with the current Borough plans and codes." (Page 11, Case 94-008) With this rezone request from RI to R2, it is not the use of the land for residential purposes that is at issue, but the intensity of the use (i.e. density). And this is barely an issue. As a combination of two of the original lots (Lot 14 and Lot 15 of this subdivision), proposed Lot 15A rezoned to R2 with the existing duplex would still comply with the intent of the original (and existing) RI zoning in this area (one dwelling unit per original lot) in addition to remaining consistent with the medium/high density designation of the Comprehensive Plan. Case 96-005 Page 5 of 8 P & Z: March 20, 1996 Public Hearing Item VI -13 While it is not always the case, often the Commission will see fit to expand a rezone request with a narrow focus in order to include a larger area. This makes sense to allow the same options for expansion or development to neighboring property owners. Ten (10) of the nineteen (19) lots that comprise Block 3, Leite Addition exceed 7,200 square feet. Most, however, would not have sufficient area to accommodate three (3) additional parking spaces should they be rezoned to R2 and a second dwelling unit added. A prerequisite for requests of this nature should be available parking. For this reason, and in the interest of maintaining the density originally intended, a strong recommendation should also be consolidation of original lots into a larger parcel, as is the case with proposed Lot 15A Should the Commission determine that it is desirable to expand the rezone area, it is appropriate to move to postpone action on this case so that it can be brought back later with the inclusion of all of Block 3, and perhaps other R1 zoned blocks of Leite Addition nearby. Issues to be considered in evaluating this rezone request include conformance with the comprehensive plan, land suitability, recent development trends in the area, and traffic impacts including adequate access and offstreet parking. CONFORMANCE WITH THE COMPREHENSIVE PLAN: This rezone request is in conformance with the Kodiak Island Borough Comprehensive Plan since the area including and immediately surrounding these properties is indicated as high and medium density residential in the Year 2000 Land Use Plan contained within that document. ZONING/USE: The residential use designated for this property would not change with a rezone from R1 to R2. Nor, really, would the density. This rezone would bring into compliance with the Borough zoning ordinance an existing non -permitted duplex use in the R1 -Single family Residential zoning district. The density would remain consistent with intent of the existing R1 zoning since the result would be one dwelling unit for each original lot (Lot 14 and Lot 15) as designed in the original Leite Addition Subdivision platted in 1943. LAND SUITABILITY: It appears that this land would be as suitable zoned R2 as it has been zoned Rl for this existing duplex use. There is no record of any neighbor complaints indicating negative neighborhood impacts in the years that the structure has served as a duplex. Until the removal of one to accommodate road expansion in the early 1980's, there were originally two houses on these combined properties. The density resulting from the existing duplex use is consistent with both Case 96-005 Page 6 of 8 P & Z• March 20, 1996 Public Hearing /Inn W -B the current R1 zoning (two units for two original Lots) and the proposed R2 zoning suggested by the Comprehensive Plan, There is sufficient area in front of the structure to accommodate the parking required for a duplex. RECENT DEVELOPMENT TRENDS IN THE AREA: Rezones in 1973 and 1980 (Ordinances 73-26-0 and 80-44-0) resulted in the rezone from RI to R2 and R3 of Blocks 5, 6, 7, and 8, Leite Addition across Mission Road from the subject property. A comprehensive rezone down Mission Road opposite Shahafica Cove (Mission Beach) in 1994 (Case 94-008) resulted Kodiak Baptist Mission properties being rezoned to R2 and Urban Neighborhood Commercial, and two mobile home parks on Mission Road being rezoned to R3. There have been no other recent significant development trends in this long-established residential area. TRAFFIC IMPACTS: This rezone would result in no additional traffic impacts or increase in traffic volume. There would be no change in the duplex use that has existed for a number of years. SUMMARY Although this rezone request is for a single parcel (four independent lots proposed for consolidation by vacation and replat), it does not appear to be spot zoning since it is in conformance with the Comprehensive Plan and immediately across the street from R2 zoning. M noted in the comments above, there are precedents for single parcel rezones, and even rezones of portions of single parcels. If it is determined to be appropriate, based on neighbor response and public hearing input, the Commission can postpone this request in order to examine an expansion of the rezone area. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Case 96-005 Page 7 of 8 P & Z: March 20, 1996 Public Hearing Item 111-13 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 14, 14A, 1413, and 15 (proposed Lot 15A), Block 3, Leite Addition, from R1 -Single family residential to R2 -Two family residential, and to adopt the findings of fact in the staff report dated February 27, 1996, in support of this recommendation. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from Rl to R2 is needed and justified because the zoning district permits development that: A. is in conformance with the medium/high density residential designation for this area indicated by the Year 2000 Land Use Plan contained within the Kodiak Island Borough Comprehensive Plan; B. will not create nonconforming land uses in the rezone area; C. will not create negative impacts resulting from increased traffic; D. will not increase the density intended for these two original lots (Lot 14 and Lot 15) of Leite Addition Subdivision (one unit per original lot) and is consistent with the historical use (until road expansion in the early 1980's) of two dwellings on this parcel. 17.72.02013. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A change of zoning from R1 to R2 is consistent with the objectives of the Comprehensive plan which designates this area as medium and high density residential. Case 96-005 Page 8 of 8 P & Z: March 20, 1996 LOTS 14A, 1 14C, & 15, 3 LETF AD -2,1T1 3, 3 353 FEET F EXTECLOT L 6.24 LAND USE LAW 16.24 use the term "spot" zoning to describe this type of map amendment. They are suspicious of spot zonings because of their potential for abuse and will aggressively review a spot -zoning amendment to determine whether it meets constitutional and statutory requirements. The basis for a constitutional attack on spot zoning is unclear. Because a spot zoning is an upzoning to a more intensive use, the landowner usually is satisfied and will not bring a taking claim. An action challeng- ing the spot zoning is usually brought by neighbors. They cannot claim a taking based on a more intensive use of neighboring property. Their objection is that the spot zoning violates equal protection because it arbitrarily favors a single landowner." Courts examine the public pur- poses for a spot zoning to determine whether they overcome the claim of arbitrary action. Objecting neighbors can also claim that a spot zoning violates the statutory requirement that zoning must be "in accordance" with a com- prehensive plan because it is arbitrary.87 A few courts achieve even more leverage over spot zoning by holding that it is a quasi judicial rather than a legislative action. This holding means that the usual presumption of constitutionality does not apply, and that the municipality has the bur- den to justify the spot zoning. A zoning map amendment that changes the zoning on a tract of land to a less intensive use is called a downzoning. Landowners can attack a downzoning as a taking of their property. Although the law on downzoning is not as well developed as the law on spot zoning, some courts have adopted rules that limit the extent to which municipalities can downzone property. § 6 24. "Spot" Zoning. Probably no term in zoning jurisprudence is used more frequently by the courts and is less understood than "spot" zoning. Zoning statutes and ordinances authorize amendments to the zoning map without differenti- ating between "spot" and other types of rezonings. A "spot zoning" is a zoning map amendment that rezones a tract of land from a less intensive to a more intensive use district. Spot zoning comes under attack because objectors believe it confers a zoning "favor" on a single landowner with- out justification. The courts have adopted a definition of spot zoning which they use to decide spot zoning cases. Although the definitions vary, the definition 86. See also Clawson v. Harborcreek Twp. Zoning Hearing Bd., 304 A.2d 184 (Pa. Commw. 1973) (due process). 87. §§ 9.14-9.20. 224 /tom /4-4/6 ttse lila (M4-AJt r;R) (tTfsr) 16.24 THE ZONING PROCESS 16.24 adopted by a Texas Court of Appeals is typical. It held that the term spot zoning is descriptive of the process of singling out a small parcel of land for a use classification different and inconsistent with the surrounding area, for the benefit of the owner of such property and to the detriment of the rights of other property owners.ss The Texas Supreme Court adopted a similar definition and added that spot zoning "is piecemeal zoning, the antithesis of planned zoning."'" These definitions highlight the equal protection objection to spot zoning. They also modify the presumption of constitutionality that courts usually apply to zoning map amendments. Spot zoning definitions contain spatial and non -spatial, zoning criteria that courts apply to determine whether a spot zoning is invalid. These definitions indicate that a spot zoning is invalid if it covers a small parcel of land and is inconsistent with the surrounding area. This criterion is spatial. They also indicate that a spot zoning is invalid because it confers a private benefit and injures other property owners 9° This criterion is non -spatial. Many courts elaborate these criteria by adopting a balancing test un- der which they weigh the benefits of a spot zoning to the public against its detriments to other landowners. A court can uphold a spot zoning under the balancing test if it finds that its benefits outweigh its detri- ments?' A court may add that a spot zoning must be "in accordance" with the comprehensive plan, as required by many zoning statutes.92 The "in accordance" requirement means that a court must find an acceptable planning or zoning purpose for a spot zoning that overcomes the objec- tion that it is arbitrary. This requirement does not necessarily mean that the spot zoning must be consistent with the planning policies in a com- prehensive plan. The criteria that apply to spot zoning are flexible and provide guide- lines rather than rigid rules. Not all rezonings for small parcels are necessarily invalid, and not all rezonings for large parcels are necessarily valid98 The courts usually require consistency with surrounding land uses and zoning, but inconsistency is not necessarily fatal.94 225 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 20, 1996. 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 96-005. Request for a rezone, in accordance with Section 17.72.030.0 of the Borough Code, of Lots 14, 14A, 14B, & 15, (proposed Lot 15A) Block 3, Leite Addition, from R1 -Single family residential to 112 -Two family residential. 1619 Mission Road. This notice is being sent to you because our records indicate you area property owner ulWareg of the r quessT If you do not wish to testify verbally, you may provide your comments in the space_below dfLft{ter to_the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9374. 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 Sec telephone number is 1400-478-5736. One week prior to the regular meeting, on Wednesday, March 13, 1996 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 486-9362. Your Nam= CI0ri lel Malnorey Via Mission -Poa.j Your property description:� -�o✓�Z Commas: 1{{ V� res2s aesc -1 e -A ih c'af5 Q6—c©5 a `` per s l I\Dc 14 i 's rjd t- "C1 �-/t O pg -ii' f , y 3610er / LOTS 1LA, 1/1B, LC, & B< 3 ADD 110\ RO OR LOT Lk KuDIAK ISLAND BOROUuH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 20, 1996. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Md1 Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 96-005. Request for a rezone, in accordance with Section 17.72.030.0 of the Borough Code, of Lots 14, 14A, 14B, & 15, (proposed Lot 15A) Block 3, Leite Addition, from R1 -Single family residential to R2 -Two family residential. 1619 Mission Road. MAR 151 COMMONt!y DEVELOPMENT ` Phis ndtiree is'being seiifto you atise oiu iecdrdsitidicate you area property owner in,ili= . 1-,3' :"' , 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 munber is: (907) 486-9374. If you would hire to testify via telephone, please can in your comments during the appropriate hearing soon of the meeting The local call-in telephone mmrber is 486-3231. The toll free public telephone number is 1-800478-5736. One week prior to the regular meeting, on Wednesday, March 13, 1996 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 486-9362. 77 4.ary F. Your Nan>C In trzie/(CAL mei 4,gAddmin . /6 AZTf/44-J irszci Your propatydraaiptioo: I /Z 4L©i _ / 41 0z7 -'U cn CD six—post-:it) O. D i=- T lk(C.- H t_o 9- S. 1 10 G 1,.•071— 1 5 - ld-Wo T4-. le.&Zolulc_ To h -`Li 1 S No Dr th)Cr* U S . LOS MA, 1 `4C, & 15, B ADD Jan. 2; '96 .1:46 5832 Art Z:nner TEL 967-486-5632 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 90615 Public pleasing Item V141 PUBLIC HEARING NOTICE pu c eying will be held on WSntsday, March 20, 1996, Tho meeting wilt beKitt at 7:30 .m. m the Borough Assembly Chambers, 7101411ll Bay Road, Kodiak, Alaska, before the Kodiak land Borough planning and Zoning Commission, to hear comments, if any, un the tbllowing request: Caw 964105. Request for ramie, in aecordenze veldt Section 17.72,030.0 of the Borough Code, of Lab 14, 14A, 148, & 15, (proposed Lot 15A) Block 3, LeUe Addition, kw R1-51uglo family residential 1Q R2 -Two family residential, 1619 Mission Road P. 1 -71996 NITY DEVELOPMENT This notice is being sent to you because our records indicate you are a pmpeny twiner you do not wish to testify vorbally, you may provide your comments in the spare Community Development Departmentr{t_i g to the meeting, If you would like to fax in thkyrr at Thar- 1!L i below, or in a letter to the your comments to us, our fax is year comments during the is 486.3231. The toll free will bo held et 7:30 p.m, in for the cam. with Tho Commission's rights, please Mel free to call /Tr a) number s: (907) 4864374. If you would Moa b ice* via telephone, please cell agropritto palls hearing traction of the meeting. The local call-in tdgslwee number tdcphona number is 140(1478-5736. • One neck price to the regular meeting, oa Wednesday, Minch 13, 1996 a work session the Kodiak Island Borough Cenfptenec Room ($121), m review the packet material Kodiak Wand Borough Code provides Yon with gwcifin aPPS ri0b if You ditoPcc decision oa thld fequeaL If you have any question about the request or your appeal us at u486-9362,,/ • Yea ..mr. /../�f ;J _nteA_z_' Mair. Amen ,$?a4C- • / your pwalyoasoca f lo, /7 //2.areosi. it" Cmmm i 4 iv _ ✓✓_1 �' �! .✓arta - _1(..'r; 96-005 LO -S 1 1 LC, 1 A A, 1L -B, 5, B< 3 DDI 0\ C AR -T FROV L9T LINES ketie add() 011-i-, 7 Lci ittiLlA,040,-etr t1 Kodiak IslandBLorough 710 Mitt SAY ROAD KODIAK, ALASKA 996154398 UfJiit DEv'Ei DEPARTMEf1 NO SUCH / ,...UNCLAIMED REFUSED -UNKNOWN VACANT_, FWD EXPIRED INSUFFICIENT ADDRESS _� NO MAIL RECEPTACLE NtnAL ROBERT & SHARON SIMPLER 1532 E KOUSKOV KODIAK AK 99615 9L.c(5 s:its339 IWDIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 20, 1996. 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 96-005. Request for a rezone, in accordance with Section 17.72.030.0 of the Borough Code, of Lots 14, 14A, 1413, & 15, (proposed Lot 15A) Block 3, Leite Addition, from R1 -Single family residential to R2 -Two family residential. 1619 Mission Road. This notice is being sent to you because our records indicate you are a property owner 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, aur fax number is: (907) 486-9374. 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, March 13, 1996 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (1121), 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 486-9362. Your Name: Mailing Addams: You property desorption: Co®mis: Kodiak Island Borough *LIVE* DATE 2/29/96 TIME 11:30:50 FORM LETTER #: 1 GED BASED PROPERTY SYSTEM PROPERTY GROUP LISTING FORM LETTER DESCRIPTION: PHN VENUE 1 PROPERTY NUMBER OWNER NAME PAGE 1 VENUE: CITY LB0220 GROUP #: 96051 COSEC3 c r'n3 t gLA 0:39 PROPERTY ADDRESS MAILING ADDRESS R1120510011 DANA & SUSAN REID 1527 ISMAILOV ST REID,DANA & SUSAN KODIAK AK 99615 1813 SIMEONOFF ST KODIAK 81120510021 CURTIS LAW NNN ISNAILOV ST CURTIS LAW KOOIAK AK 99615 P.O. BOX 42 KODIAK R1120510181 MARSHA NICHOLS 1526 REZANOF DR E NICHOLS,MARSHA KOOIAK AK 99615 P.O. BOX 1725 KODIAK R1120510190 E & D SCHMELZENBACH 1528 REZANOF DR E E & D SCHMELZENBACH KODIAK AK 99615 920 REZANOF DR E KODIAK R1200020080 WAYNE MURPHY 1524 ISMAILOV ST WAYNE MURPHY KODIAK AK 99615 P 0 BOX 2171 KODIAK R1200020090 ROLAN RUOSS 1526 ISMAILOV ST RUOSS,ROLAN 1 KODIAK' AK 99615 P 0 BOX 1371 KODIAK R1200020100 R1200020110 R1200020120 R1200020131 R1200030010 R1200030020 R1200030052 DONALD PARKER ETAL 1528 ISMAILOV ST KOOIAK BONNIE BRECKBERG 1527 MISSION RD KODIAK SVEA RICKS 1529 MISSION RD KODIAK GLENN & VIRGINI DICK 1525 MISSION RD KODIAK MARION STIRRUP 3 1610 ISNAILOV ST KODIAK LENNART GROTHE 1612 ISMAILOV ST KODIAK ARYAN & HELEN WANDERSEE 1725 MISSION RD KODIAK AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 PARKER ETAL,DONALD P.O. BOX 606 KODIAK BRECKBERG,BONNIE 1418 #1 KOUSKOV KODIAK RICKS,SVEA 1418 #1 KOUSKOV KODIAK GLENN & VIRGINIA DICK P 0 BOX 2182 KODIAK MARION STIRRUP P.O. BOX 1694 KODIAK LENNART GROTHE P 0 BOX 1504 KODIAK AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 WANDERSEE,ARYAN & HELEN P.O. BOX 2226 KODIAK AK 99615 15 728 CUT OFF RD. KODIAK AK 99615 87335000213' \\., SUZANNE & JOHN DONAT SUZANNE & JOHN DONAT 15 P 0 BOX 3115 NO 2 KODIAK AK 99615 R7335000214 ROBERT BROOKS ROBERT BROOKS �\ 15 C/O WILLODES THOMPSON 739 RINNGOLD DR NASHVILLE KVUlAK .AK 996 2564 SPRUCE'CAPE RD KODIAK /% AK 996 750 CUT-OFF RD / KODIAK AK 996 R7335000215 AGNES KAMEROFF AGNES KAMEROFF 15 C/O TIMOTHY BURCH 2578 METROKIN WAY KODIAK R7335000216 JOHN RYAN RYAN, JOHN 15 2593 METROKIN WAY KODIAK AK 99615 R7335000220 STEVEN BROOKS ETAL BROOKS/ETAL,STEVEN i 15 739•/RINGGOLD DRIVE J NASHVILLE R7335000230/' JAMIE FAGAN JAMIE FAGAN TN 37207 2585 SPRUCE CAPE RD KODIAK AK 996 2593 METROKIN WAY 'KODIAK 745 CUT-OFF RD KODIAK 2646 SPRUCE CAPE RD AK 996 AK 996 Kodiak Island Borough *LIVE* ' GEO BASED PROPERTY SYSTEM DATE 2/29/96 TIME 11:30:50 FORM LETTER'#: 1 PROPERTY GROUP LISTING FORM LETTER DESCRIPTION:. PROPERTY NUMBER OWNER NAME PAGE 2 VENUE: CITY 180220 GROUP #: 96051 CDSEC3 PROPERTY ADDRESS MAILING ADDRESS R1200030060 R1200030071 R1200030080 R1200030091 CARLOS & TITA MED!NA, 1723 MISSION RD KODIAK DELLA LACKEY 1721 MISSION RD KODIAK HOUSER/HAAGA 1719 MISSION RD KODIAK JOHN & PATRICIA MAHONEY 1717 MISSION RD KODIAK R1200030110 WILLIAM TONYA DONALDSON 1715 MISSION RD KODIAK R1200030120 R4248838125--- R1200D0 R1200030141 R1200030142 R1200030160 R1200030180 R1200060071 ELIZABETH CARROLL 1711 MISSION RD KODIAK AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 FRANK & HELEN LEE 4623"1TTSSION—RD KODZAXf 1621 MISSION RD KODIAK MIKE & CANDACE MCGUIRE 1619 MISSION RD KODIAK ARTHUR & ARLENE ZIMMER DONALD ERDMAN KENNETH & ELLEN LESTER 1617 MISSION RD KODIAK 1613 MISSION RD KODIAK 5 AK 99615 AK 99615 AK 99615 AK 99615 CARLOS & TITA MEOINA P 0 BOX 2043 KODIAK LACKEY,DELLA P.O. BOX 1733 KODIAK JOHN HOUSER. JANICE HAAGA P 0 BOX 3493 KODIAK AK 99615 AK 99615 AK 99615 NAHONEY,JOHN & PATRICIA 1717 MISSION RD KODIAK AK 99615 DONALDSON,WILLIAM/TONYA 1713 M1SSION ROAD KODIAK AK 99615 CARROLL,ELIZABETH P.O. BOX 401 KODIAK .r UA8ETH—GARROLL E.-0404 401 KOD� CARROLLrEIIZABETH 2.87-60X-461 LEE,FRANK & HELEN P.O. BOX 2117 KODIAK MIKE & CANDACE MCGUIRE 1621 MISSION RD KODIAK ZIMMER,ARTHUR & ARLENE P.O. BOX 1582 KODIAK EROMAN,DONALD P.O. BOX 394 KODIAK WIN MISSION RD LESTER,KENNETH & ELLEN KCOIAK AK 99615 P.O. BOX 373 AK 99615 AK'"99615' Ar 09M45 - AK 99615 AK 99615 AK 99615 AK 99615 15 P.O. BOX 1672 KODIAK AR 99615 R7335000082 STEVE DRYDEN STEVE DRYDEN 15 P.O. BOX 3425 KODIAK AK 99615 R7335000090 AMALIA BRAVO AMALIA BRAVO 15 P 0 BOX 431734 SAN YSIDRO CA`92143 "\ 7, R7335000092 THEODOR GOOSSEN THEODOR GOOSSEN 15 P 0 BOX 3514 2653 SPRUCE CAPE RD KODIAK KODIAK /4(K 99615 \, %/ R7335000094 GEORGE &ICONCEP WOLKOFF GEORGE & CONCEPCION WOLKOFF :,/ 15 P 0 BOX 2879 7 KODIAK 7 AK 99615 R7335000100 .WILLIAM ZIMMERMAN WILLIAM ZIMMERMAN 15 P.O. BOX 3942 7% KODIAK AK 99615 R7335000101 7/ WILLIAM WEVER IV WEVER IV,WILLIAM 15 4/ P.O. BOX 1603 f '2726 REZANOF DR E AK 996 AK 996 KODIAK AK 996 2736 REZANOF DR E KODIAK 2679 SPRUCE CAPE RD `KODIAK 2705 SPRUCE CAPE RD KODIAK 2713 SPRUCE CAPE RD KODIAK AK 996 AK 996 AK 996 AK 996 Kodiak Island Borough •LIVE• DATE 2/29/96 TIME 11:30:50 FORM LETTER #: 1 FORM LETTER DESCRIPTION: PROPERTY NUMBER OWNER NAME IG E O BASED PROPERTY SYSTEM PROPERTY GROUP LISTING PAGE 3 VENUE: CITY LB0220 GROUP #: 96051 CDSEC3 PROPERTY ADDRESS MAILING ADDRESS R1200080070 MARTIN & CAROL WANDERSEE 1524 E KOUSKOV ST KODIAK AK 99615 KODIAK AK 99615 WANDERSEE,MARTIN & CAROL 1524 KOUSKOV KOOIAK AK 99615 R1200080080 JERIMIAH & SALL MYERS 1526 E KOUSKOV ST JERIMIAH & SALLY MYERS KODIAK AK 99615 P.O. BOX 1948 KODIAK AK 99615 R1200080101 KENNETH & CHRIS HOLLAND JR 1530 E KOUSKOV ST KENNETH JR & CHRISTINE HOLLAND KOOIAK AK 99615 P.O. BOX 608 KODIAK AK 99615 81200080112 81200080113 R1200080120 R1200080183 PAUL & KAREN ANDERSON 1132 E KOUSKOV ST KOOIAK ROBERT & SHARON SIMPLER 1532A E KOl1SKOV ST KODIAK TIMOTHY & MARY LONGRICH 1620 MISSION RD. KODIAK REGINALD & LIND CHILDERS 1712 MISSION RD KODIAK TOTAL LETTERS: 33 AK 99615 AK 99615 AK 99615 AK 99615 PAUL & KAREN ANDERSON P 0 BOX 1561 KODIAK AK 99615 ROBERT & SHARON SIMPLER 1532 E KOUSKOV KODIAK AK 99615 TIMOTHY & MARY LONGRICH P.O. BOX 2494 KODIAK AK 99615 REGINALD & CINDA CHILDERS P 0 BOX 3909 KODIAK- AK 99615 Kodiak Island YSTEM DATE 2/29/96 TIME 11:11:36 PROPERTY NUMBER \ OWNER NAME MAILING ADDRESS Borough *LIVE* GEO BASED PROPERTYS PAGE 1 VENUE: WOODLAND LB0220 FORM LETTER #: 2 GROUP #: 55152 CDSEC3 FORM LETTER DESCRIPTION: PHN VENUE 2 PROPERTY GROUP LISTING PROPERTY ADDRESS R2285110200 DAYTON•& JENNIF WANDERSEE DAYTON & JENNIFER WANDERSEE j 15 3498 HARLEQUIN CT\ KODIAK AK\99615 R2285110210 JOHN & CHRISTIN/ABELL ABELL,JOHN & CHRISTINE,/ 15 P.O. BOX 2224 KODIAK 3498 HARLEQUIN CT KODIAK 3490 HARLEQUIN CT KODIAK .%2/ AK 99615 "\ 3484 HARLEQUIN CT KODIAK R2285110220 KENNETH & KATHL SKINNER KENNETH & KATHLEEN SKINNER 15 P.O. BOX% 1901 RENTAL ;/ KODIAK AK 99615 F/ TOTAL LETTERS: 3 •; AK 996 AK 996 AK 996 aLsciutwci - 961 I ENcT FtOICI SA 'fit\ 5\ cc OI A-\ ¶Zlla 0510 011 'f At), D \ S t6K 51 UT cA\ EZ11a ob10 t_f\v3, C bl , Liv leeR1la Obl vat IAtototS, h7 5� ,LT \9 I cS51 talo a1w..zatv_,�.�___ LEAT{5 AODYT,C� \c,U� e5?2, -"z1ao coo (leo ,xzpHy., gt\o ,t_.T13 _ RCCIp 6`0311..N C 1 I R1a1 C OIO IKKUP, H i5vvo3 , t...7 Oa RtdO Coto a C:,ccenlrt,,t. Zt<03,1--vC�6 RIaO CObO_d , Inaa,_1\i1t I ' — -- 6c 075 1 C 1lst R 1 aO Cn 1_laO Z, t•AhIER R . i\- _ SKo3 , L T 1E5 Rao Co3o I c6o ER +'\e{. (t) „I iZC\(1L 4_-i C51 OO(b-031 WSTtR_, 1s `,fa '1"N a ot cQC!. ceic6 opo w a tRazE,,mc= 5L1e,,O`6 F\I"a cow Ceo MasiS,S 1Ob R.‘ao 0060 101 W,u_kab , 'tom=, C- 120Kca6._, cY 80 1 l ctsCatc1k, T4 R1ao coo 1 CAkt_' 5,� 8C cP 4 3 b`c- copoz CASE 96-0T5 & CASE S96 -0C9 LOTS 14A, 143, 14C, & 15, i< 3 LETE A»TO\ --PUELIC NOTICE MEA 350 FEET F EXTRIN L3T L SON ES CeM:.,lssl'r:FV'c. PPLSr':T Virginia Crowe Pat Briggs Steve Rennell Ken Gregg Tim Hill Dan James JoAnn Strickert Quroum was established. 'LSO PrESt:T Will Walton, Director of Community Deve- lopment Department Joanne Jones, Planning Secretary Dave Crowe, Borough Engineer 1. MINUTES - March 16, 1983. Mrs. Crowe moved to accept the March 16. 1993 minutes as prepared. Seconded by Mrs. Strickert. Motion PASSED by unanimous voice vote. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS - None. 3. PUBLIC BEARING ON CASE 83-029.' A request to rezone Lot 2, Block 1, USS 3066AB from Business to R-2. (Walter Sargent) Discussion between the Commission members and Mr. Walton on the staff report addendum. Mr. Walton 14 public hearing notices were mailed, none returned. Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting ;'eopened. Mr. Grecs what is the zoning on Lot 3? Mr. Walton business. Mrs. Strickert roved to grant a request to rezone Lot 2. Block 1, USS 3066AB from Business to R-2. Seconded by Mrs. Crowe. Motion PASSED by unanimous roll call vote. Mr. Hill this is not considered spot zoning as it adjoins R-2 zoned land. 4. PUBLIC HEARING ON CASE 83-030. A request for an exception to permit the expansion of the existing vehicle repair shop and to build two (2) apartments on Lot 23B, USS 3099. (Precision Specialist/Ernest Edwards) Mr. James what about the quonset hut? Mr. Walton the quonset will be removed after the new apartment is built. 1 Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. Mrs. Ciowe 23 notices mailed, 1 returned against; is that all? Mr. Walton yes. Mr. Briggs the business is grandfathered? Mr. Walton yes. Mrs. Crowe are other properties involved? Me'. Walton yes, the lot across the street where the vehicles to be worked on are stored. Mrs. Crowe could the whole area be rezoned? Mr. Walton that is a possibility. Mrs. Crowe problem with enlarging the'non-conforming structure. Business should be on Lot 236 only. Mr. Hill I concur with Mrs. Crowe. the area nort'ii of Near Island Channel is well •:lted for many of these uses. This area would constitute about 19 acres when fully developed. As mentioned in the section covering future transportation facilities, the futur of the city airstrip is somewhat doubtful. If the existing airstrip were aban- doned, about 78 acres would be available which would be well suited to light industrial development of all types. If the airstrip is not abandoned, additional, growth of general aviation will very likely require all of the 78 acres fdr aircraft parking, hangars, and aviation -oriented industries. In that event, additional potential light industrial land is available in Bell's Flats and it is possible that land well suited to light industrial uses might be made available in the future on the Naval Station. The northeast end of Bell's Flats between Sargeant Creek and the highway comprises about 140 acres which would be ideal for most light industrial requirements. Residential Development Table 3 presents recommended residential land use categories, together with recommended maximum and estimated average development densities. Common Zone Designation TABLE 3. RESIDENTIAL LAND USE CATEGORIES Density in Units/Gross Acre Est. Average Description Common Building Types Max. R-0 Low Density Single Fam. Residential on Lots over 15,000 s.f. in area. 2 1 or less R-1 ) ') Medium Single Fam. Residential Density and Duplexes on Lots ) over 7,200 s.f. in area R-2 ) R-3 High Density Multi -Family Apartments and Row Houses 25 12 42 Mike and Candy McGuire 16211VIission Road Kodiak, AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 February 28, 1996 RE: Case 96-005. Request for a rezone, in accordance with Section 17.72.030.0 of the Borough Code, of Lots 14, 14A, 14B, & 15, (proposed Lot 15A) Block 3, Leite Addition, from R1 -Single family residential to R2 -Two family residential. 1619 Mission Road. RE: Case S96-009.: Request for preliminary approval of the vacation of Lots 14, 14A, 14B and 15, Biock 3, Leite Addition, and replat to Lot 15A, Biock 3, Leite Addition, and vacation of an eight (8) foot wide access easement. 1619 Mission Road. Dear Mr. & Mrs. McGuire: Please be advised that' the requests referenced above have been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their March 20, 1996 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 recommended. The week prior to the regular meeting, on Wednesday, March 13, at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding these requests. If you have any questions, please call the Community Development Department at 486-9363. Sincerely, Eileen Probasco, Secretary' Community Development Department cc: Ecklund Surveying KODIAK ISLAND BOROUGH teootem.At r F6 z3 CQTCAUNITY DEVELOPMENT D IRTMENT 710 MILD` 2 ROAD, ROOM 205, KODIAK, ALASKA 9981 18, (907) 486-9362 The application fee for items covered by this fom 5200.00 e3ept as otherwise noted. Conddiorm/ Use Permits, and Variance appgcadons aha iasren of a oke Plan. Applicant Information Property owner's name: fr\ \ K a- CAnO Dy Mc Go i ,e.e Property owner's mailing address: Ca Ia.( rn.rS S t o,J RI f City: Vo 0 I AIG State: A- Zip: S Home phone: 1-P$6 - VS I d- • Work phone: 486 - 9S-1'7 If applicable, Agent's name: Agent's mailing address: City: State: Zip: Home phone: Work phone: Property Information Legal Description: L-oTS I `f I'M #1415 8LOU< 3 e Lss T ar 6 t -2 3 J4r+,a Present use of property: LST 15 SLocK 3 ',L#T is (21 -?A L E Ere 14-09 N, ta'svev p lyg) D,,,.0_.r,..,, r COr "moo .7 -t-C- R- I. ltd Proposed use of property: I rna c� e� n.nR d ..eis :r °' a -rut Applicant Certification 1, the applicant/euthon'zed agent, have been advised of the pmcadures involved with this copy of Me appropriate regda ion,. have request and redeved a Authorized Agent's Signature Date Property Owner's Signature 6 Date STAFF USE ONLY Code Section(s) involved: PAYMENT VERIFICATION - 0D00001 000017617 10:14:0.00 elli VRR =0R14 LINE 01 to 84 Variance Conditional Use Permit Title 18 Review Other (appearance requests, et .1 $50.00 X Zoning change from to 12D136 A.Ti Application received by: moi/ i,�, Z Zi tf , 'Staff signature 7 0.te July, 1993 9b--005 2-20-96 LETTER OF INTENT We would like to buy Lots 14, 14a, and 14b 'Block 3, Leite Addition' from the estate of Helen Lee. All the utility easements would remain the same. We want to erase the interior lot lines. This would bring the structure into compliance with the zoning laws. History of property: The house was first built in the 1940's on Lot 14,14a and 14b. It was added onto in 1961. The structure on Lot 15 was built in 1964 and a second story was added in 1962. Over the next few years the houses were joined together into one dwelling. In the past we have had one dwelling on four small, irregular lots. We would like to revise, due to the death of Helen Lee, my mother, who is no longer living with us byiadjoining these four R1 lots into one larger R2 lot. This does not institute spot zoning. We are in the process of replotting Lots 14,14a,14b(Helen Lee estate), and 15 Block 3 Leite Addition into lot 15a, Block 3, Leite Addition. Thank -you. Signed, Mike and Candy McGuire