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LEITE ADD BK 3 LT 17A-1 - RezoneIntroduced by: Manager Carlson Requested by: Planning and Zoning Commission Drafted. by: Community Development Department Introduced: 05/01/2003 Public Hearing: 05/15/2003 Adopted: 05/15/2003 KODIAK ISLAND BOROUGH ORDINANCE NO. 2003-04 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING LOTS 17 AND A PORTION OF LOT 17A (PROPOSED LOT 17A-1), BLOCK 3, LEITE ADDITION FROM R1 - SINGLE -FAMILY RESIDENTIAL TO PL -PUBLIC USE LAND. (P&Z CASE 03-007). WHEREAS, the City of Kodiak has re -platted Lot 17 and a portion of Lot 17A, Block 3, Leite Addition, as part of a land trade with the adjoining private land owner; and, WHEREAS, a condition of approval from Subdivision Case S03-001 required the initiation of this rezone to eliminate a split lot zoning situation where portions of proposed Lot 17A-1 would be located in two separate zoning districts, R1 -Single-family Residential and PL -Public Use Land; and, WHEREAS, the Commission has determined that it would be best to have all of the City owned land in the PL -Public Use Land zoning district; and, WHEREAS, the P & Z Commission held a public hearing on April 16, 2003 for this case; and, WHEREAS, upon consideration of the request, the Commission recommends that the Kodiak Island Borough Assembly rezonethe portions of Lot 17 and 17A, Block 3, Leite Addition from R1 -Single-family Residential to PL -Public Use Land, 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 17 and 17A, Block 3, Leite Addition, are hereby rezoned from R1 -Single- family Residential to PL -Public Use Land. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed as a minor housekeeping measure to make the zoning conform to the new lot boundaries created by the consolidation plat filed for Case S03-001. The rezone will not have a substantial impact on the use of the property by the City of Kodiak. Kodiak Island Borough, Alaska Ordinance No. 2003-04 1 of 2 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. Lot 17A-1 is restricted from residential development due to its lot width less than 60 feet, however, the area will be used in support of the surrounding residential areas, which are consistent with the intent of the Medium Density Residential land use designation. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF MAY 2003 ATTEST: Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. 2003-04 2 of 2 Betty Walters Superintendent of Schools, hoped the Assembly would bring their funding to the cap. She had questions about in-kind and real money. She understood that the deficit was a state issue. Dave Jones, School District Director of Finance, said the • budget crisis for the school district was state driven. He felt it was important for the Assembly and School Board to determine what in-kind was. If the pool remained open and the Borough paid for it as an in-kind there would be a loss of two additional teachers. He noted that it had been six years since property taxes were raised. Mike Milligan phoned to ask about the value of property as the cap was based on the assessed value. He was willing to pay more taxes to support the school district. Mayor LeDoux closed the public hearing and reconvened the regular meeting. Assemblymember Razo said there was a commitment to fund to the cap. He agreed that in-kind funding was important as 36 school district employees lost their jobs. Assemblymember Heinrichs agreed there was a commitment to fund to the cap. He had a concern about the pool and suggested that a committee of Assemblymembers and School Board members define in-kind funding by early fall. Assemblymember Branson felt that was a good suggestion but wanted a definition sooner. Assemblymember Abell said the people in Juneau followed the voters wishes to not touch the rainy day savings account. He agreed with forming a committee. Assemblymember Wells heard residents say they wanted to pay more in taxes but the Borough could only fund the school district to the cap. She suggested that residents call their legislators and the governor to express their willingness to pay more toward education. ROLL CALL VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Branson, Heinrichs, Razo, Stevens, Wells Noes: None MOTION CARRIED: Unanimous B. Ordinance No. 2003-04 Rezoning Lot 17 and a Portion ORDINANCE of Lot 17A, Block 3, Leite Addition (Proposed Lot NO. 2003-04 17A-1, Block 3, Leite Addition k'rom RI -Single-family Residential to PL -Public Use Land. (Case S03-001) STEVENS, moved to adopt seconded by BRANSON Ordinance No. 2003-04. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Bonney, Branson, Heinrichs, Razo, Stevens, Wells, Abell Regular Assembly Meeting Volume xXVIIi May 15, 2003 Page 69 Noes: MOTION CARRIED: BOROUGH MANAGER'S REPORT None Unanimous Manager Carlson recognized staff members Bill Bissett, Laura Casey, Sharon Nault, and Lauri Whiddon for earning their respective degrees and certificates from Kodiak College and reflected that they were wonderful assets to the Borough. Responding to Mr. Milligan's comment, he said the assessed property value just went above $1 billion and that the state calculation goes through the local assessor. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux thought it was a good idea to form a committee to determine in-kind. She enjoyed her trip to Old Harbor to attend Aleutic Heritage Week and hoped to attend high school graduations in the villages. She shared a letter requested by JoAnne Goyne that was prepared on behalf of the Assembly that supported the Alaska Emergency Language Resource Bank, Inc. Manager Carlson said he met with Ms. Goyne and understood there was a complete Bank of translators on-line. Assemblymember Razo worked on the incorporation for the Bank and knew that Ms. Coyne helped people utilize translators. He felt language could be a significant barrier. BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR The Assembly concurred to send the letter. UNFINISHED BUSINESS UNFINISHED None. BUSINESS NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 2003-16 Requesting that the 70-30 or 60-40 for Municipal School Construction Costs be Maintained for all Municipal Bond Debt. HEINRICHS, moved to adopt seconded by BRANSON Resolution No. 2003-16. Manager Carlson noted that Assemblymember Razo suggested this resolution requesting that the school debt reimbursement be made to municipalities at the rate approved by the Alaska Department of Education. VOTE ON MOTION TO ADOPT Ayes: Branson, Heinrichs, Razo, Stevens, Wells, Abell, Bonney Noes: None MOTION CARRIED: Unanimous Regular Assembly Meeting .$_., lc nnn, RESOLUTION NO. 2003-16 Volume XXVII/ Paoe 70 Tim Richardson, Kodiak Bear Trust Executive Director, testified in support of the resolution. Assemblymember Bonney opposed the short notice on the i resolution. He questioned the amount offered per acre, wondering why it dropped from $1300 to $300 per acre. Assemblymember Heinrichs related that no part of the Borough's consideration came at the expense of the settlement. VOTE ON MOTION TO ADOPT Ayes: Razo, Wells, Abell, Branson, Heinrichs Noes: Absent: Bonney Stevens MOTION CARRIED: 5 Ayes; 1 No C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2003-04 Rezoning Lot 17 and a portion of Lot 17A, Block 3, Leite Addition (proposed Lot 17A-1, Block 3, Leite Addition from RI -Single-family Residential to PL -Public Use Land. (Case S03-001) HEINRICHS, moved to adopt Ordinance seconded by BRANSON No. 2003-04 in first reading to advance to public hearing on May 15, 2003. Manager Carlson said this was as a minor housekeeping measure to make the zoning conform to the new lot boundaries created by the consolidation plat that was filed. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED: D. OTHER ITEMS None. CITIZENS COMMENTS None. ASSEb LYMENBER COMMENTS Wells, Abell, Bonney, Branson, Heinrichs, Razo None Stevens Unanimous Assemblymember Razo disagreed with Mayor LeDoux's comments on education funding. He attended the Alaska Municipal League Conference (AML) and noted the tremendous effect of the governor's broken promises regarding full funding for education. Assemblymember Abell also attended AML and concurred with Assemblymember Razo. He wanted future discussion on the landfill facility. He was glad to see the success of the Mental Health Center. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2003-04 OTHER ITEMS CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting Volume XXVIII May 1, 2003 Page 65 Kodiak Island Borough AGENDA STATEMENT Meeting of: May 1, 2003 ITEM NO. Title: An ordinance rezoning Lot 17 and a portion of 17A, Block 3, Leite Addition (proposed Lot 17A-1, Block 3, Leite Addition, per Case S03-001) from R1 -Single-family Residential to PL -Public Use Land. This case considered at a public hearing of the Planning and Zoning Commission on April 16, -2003, at which time the Commission adopted a recommendation to the Kodiak Island Borough Assembly and forwarded this case to the Assembly for further consideration. The Commission adopted the following findings in support of its recommendation: 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. The rezone is needed as a minor housekeeping measure to make the zoning conform to the new lot boundaries created by the consolidation plat filed for Case S03-001. The rezone will not have a substantial impact on the use of the property by the City of Kodiak. 17.72.020 B. Findings as to the Effect a Change or Amendment would. have .on:the Obiectives of the Comprehensive Plan. Lot 17A-1 is restricted from residential development due to its lot width less than 60. feet, however, the area will be used in support of the surrounding residential areas, which are consistent with the intent of the Medium Density Residential land use designation. FISCAL NOTES: PX] NA - Expenditure: None Required: $0.0 Account: NA Fund: NA APPROVAL FOR AGENDA: MANAGER: Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Ordinances 2003-_ Page l - cif t Manager Carlson Planning &Zoning•Commission Community.Development Dept. 5/1/03 KODIAK ISLAND BOROUGH ORDINANCE NO. 2003 - AN ORDINANCE OF THE KODIAK ISLAND BOROUGH, ASSEMBLY REZONING LOTS 17 AND A PORTION OF .LOT 17A (PROPOSED LOT 17A-1), BLOCK 3, L'EITE-ADDITION, FROM R1 -SINGLE-FAMILY RESIDENTIAL TO PL -PUBLIC USE LAND. (P&Z CASE 03-007). WHEREAS, the City of Kodiak has re -platted Lot 17 and a portion of Lot 17A, Block 3, Leite Addition, as part of a land trade with the adjoining private land owner; and,. WHEREAS, a condition of approval from Subdivision Case S03-001 required the initiation of this rezone to eliminate a split lot zoning situation where portions of proposed=Lot 17A-1 would be located in two separate zoning districts, R1 -Single-family Residential and PL - Public Use Land; and, - Whereas, the Commission has determined that it would be best to haveall of the City owned land in the PL -Public Use Land zoning district; and; ' WHEREAS, the P & Z Commission held a public hearing on April 16, 2003 for this case; and, WHEREAS, upon consideration of the request, the Commission recommends • that the Kodiak Island Borough Assembly rezone the portions of Lot 17 and 17A, :Block 3, Leite Addition from R1 -Single-family Residential to PL -Public Use Land, 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 17 and 17A, Block 3, Leite Addition, are hereby rezoned from R1 Single= family Residential to PL -Public Use Land. Kodiak (stand Borough,. Alaska Ordnance No. 2000-20 Page 1 of 2 Ordinance No: 2003- Page2o Section 3: The findings of the Kodiak Island -Borough Planning and .Zoning Commission - are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed as a minor housekeeping measure to make the zoning conform to the new tot boundaries created by the consolidation plat filed for Case S03-001. The rezone will not have a substantial impact on the use of the property by the City of Kodiak. 17.72.020 B. Findings as to the Effect a Change or Amendment wouldhave on the Objectives of the Comprehensive Plan. Lot 17A-1 is restricted from residential development due to itslot width less than 60 feet, however, the area will be used in support of the surrounding residential areas, which are consistent with the intent of the Medium Density Residential land use designation. • ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2003 ATTEST: Judith Nielsen cmc, Borough Clerk KODIAK ISLAND BOROUGH Gabrielle LeDoux, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. 2000-20 Page 2 01 2 The motion was SECONDED by COMMISSIONER FRIEND. Regular session closed. Public hearing opened: Maria Painter, Applicant: Spoke in support of her request and reviewed her submission to the commission submitted that evening. Jim Crane, Woodland Acres resident: Spoke against this request. Mel Stevens Applicant's Attorney: Spoke in support of this request. Hearing and seeing none. Public hearing closed. Regular session opened: COMMISSIONER FRIEND MOVED TO AMEND the main motion to reference conditions of approval, as contained in the April 9, 2003 staff report, numbers 2, 3 (per KIBC 16.040.2), 6, 8, and 9 to be addressed by the petitioner. The amendment was SECONDED by COMMISSIONER WILLIAMS. The question was called, and the motion CARRIED, six yeas to one nay. Commissioner Oswalt was the nay. The question was called on the amended main motion and CARRIED, four yeas to three nays. Commissioners Ketscher, McMurry, and Oswalt were the nays. 15 minute recess. B) Case 03-007. Request for a rezone in accordance with KIBC 17.72.030.0 (Manner of initiation), of Lot 17A and a portion of Lot 17, Block 3, Leite Addition (proposed Lot 17A-1, Block 3, Leite Addition, per Case S03-001) from R1 -Single Family Residential to PL -Public Use Land. Staff reported that sevety-four (74) public hearing notices were sent out with no responses being received prior to the meeting. Staff recommended that this request be forwarded to the Assembly with a recommendation for approval. COMMISSIONER KETSCHER MOVED TO recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 17A-1, Block 3, Leite Addition from R1 -Single-family Residential to PL -Public Use Land, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated April 9, 2003 in support of this recommendation. P & Z Minutes: April 16, 2003 Page 3 of 9 1 EFFECTIVE CLAUSE The rezone will become effective upon the recordation and filing of the plat approved by the Commission in Case S03-001. 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. The rezone is needed as a minor housekeeping measure to make the zoning conform to the new lot boundaries created by the consolidation plat filed for Case S03-001. The rezone will hot have a substantial impact on the use of the property by the City of Kodiak. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. Lot 17A-1 is restricted from residential development due to its lot width less than 60 feet, however, the area will be used in support of the surrounding residential areas, which are consistent with the intent of the Medium Density Residential land use designation. The motion was SECONDED by COMMISSIONER OSWALT. Regular session closed. Public hearing opened: Hearing and seeing none. Public hearing closed. Regular session opened: The question was called, and the motion CARRIED by unanimous roll call vote. C) Case 03-008. Request for a conditional use permit, in accordance with KIBC 17.67, to permit the reopening of the Port Bailey Cannery for several uses within the C -Conservation Zoning District. Proposed uses would include: commercial cold storage for fisherman; custom processing, freezing, storage and shipping of fish; fishing gear storage and work areas; fuel station for fishing boats; ovemight lodging for fisherman and recreational visitors (i.e. Hunters, fisherman, P & Z Minutes: April 16, 2003 Page 4 of 9 c Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6390 orwarding Order 0Insut0derd Address Asp, 0 Moved, Lett No Address ❑ Unclaimed 0 Retu -' d ❑ Attempted - Notnown 0 No Such Street Number ❑ Vacant ❑Meglt n G ND Mall Receptec O Box Closed - 0 Returned CARROLL,ELIZABb1T4tage P.O. BOX 401 AK 99815 KODIAK Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-639B P COSTELLO PO BOX 8185 KODIAK AK .. ! ; --,.;.:amity Order Expired i <Inssaicisst Addrass I7 rno-•nd, I 'ar , 3dr?Se '3nx.zunun ,.I s. • d v.3 fnCT _ ..�..�...., ❑ No Such Street 0 Number 0 Vacant 0illeOle ❑ No Mali Ret''tptacie toretosed4,56 Order 0 Returned Wetter Address 0 Postage Duo Linda Freed, Manager City of Kodiak PO Box 1397 Kodiak, AK 99615 Kodiak Island Borough Conrrnunity Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us April 17, 2003 Re: Case 03-007. Request for a rezone, in accordance with KIB Code Section17.72.030.0 (Manner of Initiation); of Lot 17A and a portion of Lot 17, Block 3, Leite Addition (proposed Lot 17A-1, Block 3, Leite Addition, per Case S03-001) from R1 -Single Family Residential to PL -Public Use Land. Dear Ms. Freed: The Kodiak Island Borough Planning and Zoning Commission at their meeting on April 16, 2003 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 May 15, 2003 regular meeting and if approved, will likely appear for second reading and a public hearing at the Assembly's June 5, 2003 regular meeting. Please confirm these dates with the Borough Clerk, Judi Nielsen at 486-9310, no sooner than five (5) working days from the date of this letter. The Commission adopted the following findings of fact in support of their recommendation to the Assembly: 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. 13. 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 cleric requesting that the commission's action be taken up by the borough assembly. 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. The rezone is needed as a minor housekeeping measure to make the zoning conform to the new lot boundaries created by the consolidation plat filed for Case 503-001. The rezone will not have a substantial impact on the use of the property by the City of Kodiak. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. Lot 17A-1 is restricted from residential development due to its lot width less than 60 feet, however, the area will be used in support of the surrounding residential areas, which are consistent with the intent of the Medium Density Residential land .use designation. Shbuld 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 486-9363. Singer Duane Dvor. , Acting Director Community Development MEMORANDUM DATE: April 9, 2003 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the April 16, 2003 Reg ar Meeting CASE: Case 03-007 Public Hearing Item VFB APPLICANT: City of Kodiak AGENT: Linda Freed REQUEST: A rezone in accordance with KIBC 17.72.030.0 (Manner of initiation), of Lot 17A and a portion of Lot 17, Block 3, Leite Addition (proposed Lot 17A-1, Block 3, Leite Addition, per Case S03-001) from R1 -Single Family Residential to PL -Public Use Land. LOCATION:. 1613 Mission Road ZONING: R1 -Single-family Residential Seventy -Four (74) public hearing notices were mailed on April 2, 2003. Date of site visit: February 10,:2003 1. Zoning History: 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: Ismailov Street South: Mission Road East: Potato Patch Lake/Lot 16, Blk 3, Leite Addn. Use: Lake/Residential Zoning: NA/Single-family Residential West: Lots 1, 2, 18A and 18B, B1k 3, Leite Addn. Use: Residential Case 03-007/Staff Report 10,178 Square Feet Vacant Page 1 of 6 P& Z: April 16, 2003 Zoning: R1 -Single-family Residential Public VI -s Comprehensive Plan: The 1968 Comprehensive Plan designates this area for medium density residential. 6: Applicable Reeulations: 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 m A. The borough assembly upon its own motion; B. The planning commission upon its own motion; *C. 13y 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 inaccordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the pianning 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. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial/Industrial Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and Case O3-007/Staff Report Page 2 of 6 P & Z: April 16, 2007 operating port, harbor, dock, business and energy facilities = if permitted under applicable regulations. Consistent: N/A. This action does not propose to construct_ a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. Natural Setting. Views and Access Development shall be conducted in a rammer that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N/A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. 3. Dredge and Excavation Material . Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N/A. No dredging or filling is proposed. 4. Facility Design Developments in or over the water, such'as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: N/A. No development in or over the water is proposed. There should be no adverse impacts on water quality, ash, wildlife or vegetative resources. 5. Buffer Zon Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non -business properties inorder to minimize Conflicts between land uses. Consistent: "Case 03-007/Smlf Report N/A. There is no business use or structures proposed by this action. Page 3 of 6 - r & Z: April 16, 2003 6. Accessory Development Public Hearing Item VI -B Accessory development that does not require a shoreline location in order to cavy out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: N/A. No accessory development is proposed along the shoreline. 7. Wetlands Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070, (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N/A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. COMMENTS This case is largely a housekeeping measure to eliminate a minor split lot zoning situation that will occur as a result of the plat design approved by the Commission in Case S03-001. Proposed Lot 17A-1 is restricted to public use by a plat note due to its lot width which is less than 60 feet, per the measurement methodology prescribed by KIBC.. The landowner, the City of Kodiak has some below grade utilities on the site which will be maintained and may develop a small pocket park adjacent to Potato Patch Lake. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Public use areas maintained in support of adjoining residential areas is consistent with the designation of the surrounding area for medium density residential. ZONING/USE: Currently zoned a combination of PL -Public Use Land and R1 -Single-family Residential. The site is used to accommodate below grade utilities and is proposed for a small pocket park adjoining Potato Patch Lake. LAND SUITABILITY: The land is suitable for the existing and proposed uses. The land is restricted from residential development because it does not meet the minimum lot width requirement of 60 feet. Case 03-007/Staff Report Page 4 of 6 P & Z: April 16, 2003 Public Hearing Ilan VI43 RECENT DEVELOPMENT TRENDS IN THE AREA: The area is an older residential area with many nonconforming lots and mixed density residential development. Recent development trends have included several requests to rezone from R1 - Single -family Residential to R2 -Two-family Residential and occasional subdivision requests to consolidate lots into a more conforming pattern TRAFFIC IMPACTS: No traffic impacts will occur as a result of this request. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak ,island Borough Assembly with a recommendation that it be approved. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move torecommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 17A-1, Block 3, Leite Addition from R1 -Single-family Residential to PL -Public Use Land, subject to an effective clause, and to adopt the "Findings of Fact" in the staff report dated April 9, 2003 in support of this recommendation. Effective Clause 1. The rezone will become effective upon the recordation and filing of the plat approved by the Commission in Case S03-001. FINDINGS OF FACT Section 17.72.020 states that the Commission shall inco report to the Assembly: e following criteria into the 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed as a minor housekeeping measure to make the zoning conform to the new lot boundaries created by the consolidation plat filed for Case S03-001. The rezone will not have a substantial impact on the use of the property by the City of Kodiak. -Case 03-W7(Sts$'Aepart Psa 5076 P & Z: April 16, 2003 Public Reusing Item VI -13 17.72.020 IL Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan, Lot 17A-1 is restricted from residential development due to its lot width less than 60 feet, however, the area will be used• in support of the surrounding residential areas, which are consistent with the intent of the Medium Density Residential land use designation. Case 03-007/Staff Report Page 6 of 6 P Z: April 16,2003 C'»crenk Zoning (rwock ltsQ Lmn _. - R1_ Scn&c EO.m;1, (R s4arvf; -1 KI.AK 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, April 16, 2003. The meeting will begin at 7:30 p.nz. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska,before the Kddiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request - B) - CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 03-007 City of Kodiak Linda Freed A rezone, in accordance with KIBC 17.72.030.0 (Manner of initiation), of Lot 17A and a portion of Lot 17, Block 3, Leite Addition (proposed Lot 17A-1, Block 3, Leite Addition, per Case S03-001) from R1 -Single Family Residential to PL -Public Use Land. 1613 Mission Road R] -Single Family 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 Commtmity 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, April 9, 2003, a work session will be held at 7:30 pm in the Kodiak Island Borough Conference Room (11121), to review the packet materiel 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 callus at486-9363. Yodr Name: Mailing Address: ' Yodr property description: _ - Comments: _ KODIAK ISLAND BOROUGH COMMI _:,ITY DEVELOPMENT DEPA'n I IVIENT 710 MILL BAY ROAD, ROOM 205. KODIAK, ALASKA 99515.6398, 19071 486-9362 The application h+ for hems so wrnd by thlr forret iv 3200.00 except asothrrwls• ne Conations/ Use Permits, red Vadanae eppllateens also +ntmi+sdon of a she Applicant Information Property owner's name: t^..lit'( ci �T ttiL Property owner's mailing address: LL._l_ 1? 41 Cclg''O City: ¥-°-' tU - State: Zip:. G8 E'S Home phone: Work phone: 4-e a,--Mo4c If applicable. Agent's name:-Il—����' Agent's mailing address: --�5 iIk19rS City: State: Zip: Home phone: 4'.o -"5 3 4— Work phone: Property information Legal Description: Tkb::::' ] A Present use of property: t-4—)-nel,P-1. r "* Ulll Proposed use of property:1�='`-35t '--t PU(Lk Applicant Certification 1, the appllant/authmised agent, have been asked el the pmcedwes Involved with thbe nquant and have mined a copy of the apprepdae ngdadan. 07, Authorize gents -Si . ature Date Property Owner's Signature Date STAFF USE ONLY Code Section(s) involved: Variance Conditional Use Permit Title 18 Review Other (eppeeenserequest.,ets.) $50.00 Zoning change from ' % to PC - Application received by: Staff signature Date PAYMENT - VERIFICATION 6i C 13 1U I /GbW be:d]:4d 89 Zane hee MM1 n11 2003 ' 200:88 COMM Rl TYholill$6il@M&if60EP Kwleti. AK 99615 (907).186-9321 July, 1993 00 Linda Freed, Manager City of Kodiak PO Box 1397 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.lcib.co.kodiak.ak.us April 4, 2003 Re: Case 03-007. Request for a rezone, in accordance with KIBC 17.72.030.0 (Manner of initiation), of Lot 17A and a portion of Lot 17, Block 3, Leite Addition (proposed Lot 17A-1, Block 3, Leite Addition, per Case S03-001) from R1 -Single Family Residential to PL -Public Use Land. Dear Ms. Freed: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their April 16, 2003 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, April 9, 2003 at 7:30 p.m. in the Borough Cdnference Room (#121), the Commission will hold a work session to review the packet material for the regular meeting. You are invited to attend this work session in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-9363. Sincerely, Erin Whipple, Secretary Community Development Department n Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 APR -3'93 8475:376 m. a of Cert. trot J3' CI Attemptetl - MM .ry�ot Dat:vem Dae 4N0 Such Scree .1 ..8. naCle T Me As AddresCt Vacant CI !tiegita .:1 lnataacle nL Fo�ertlLI No ACtlress - �'ncre :J Moved t.wjorw: � Orse• '1 aeLletl ❑reeuse Jacfdress aee•—• dB ye'c C es & SN,OV V2RON SIMPL :tayaD e_ AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODAK, ALASKA 99615-6398 JJ;,-.B7cmhA'•.p pb Carr. SI na0,iADat Unco ��eodregiuyL ,&,,aACyea sed s .. a T & HE ANDEZ 1 4.15 ILOV, ST AK 99615 p.5 7 0 0 m 0 U.S. POSTAGE p Attemptoo.Nrya KnvviCn Q Vacanto Such Sereet J Nur 0 For Se JPq'a7.Due ncae' • 0 3 7 or I sr U.S. POSTA <! C K: ) IAK ISLAND BOROL 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, April 16, 2003. 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: B) CASE: 03-007 APPLICANT: City of Kodiak AGENT: Linda Freed REQUEST: A rezone, in accordance with KIBC 17.72.030.0 (Manner of initiation), of Lot 17A and a portion of Lot 17, Block 3, Leite Addition (proposed Lot 17A-1, Block 3, Leite Addition, per Case S03-001) from R1 -Single Family Residential to PL -Public Use Land. LOCATION: 1613 Mission Road ZONING: R1 -Single Family 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, April 9, 2003, 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: avc MISSION Oro posed Zom n� _ ... .leo k i C... 0.5 1" J C fl E I, t1"- a-rn V R'C5 ak2-r\j 0-1 �e dS ✓ J R1120450010 R1120450150 R1120460010 R1120460150 R1120500010 R1120500020 R1120500030 R1120500050 R1120500060 R1120500070 R1120500080 R1120500090 R1120500100 R1120500110 81120300110 R41 -205001-48- R1120500130 RI1.20599430- R1120500130 R1120500150,--00 111120500100 R1120500160 R1120500180 R1120500190 R1120500200 oiKk•PL\1142,4420500244 Q ' R1120510011 R1120510021 R1120510040 R1120510050 R1120510060 R1120510070 R4420640040— R1120510090 1120 0R1120510090 R1120510100 R1120G10100 R1120510120 4M-1-2051-81-20 R1120510140 R1120510150 R1120510161 R1120510181 R1120510190 R1120510200 R1120550110 R1200020030 R1200020040 R1200020050 R1200020060 R1200020070 R1200020080 R1200020090 r (tc ( —,�, 4 64-(4"()C c,_. - ( 'S 61aNArt\S 5 otn R1200020100 R1200020110 R1200020120 R1200020131 R1200020140 R1200020152 R1200020154 R1200020170 R1200020181 R1200020182 R1200030010 R1200030020 R1200030060 R1200030071 R1200030080 R1200030091 R1200030110 R1200030125 R1200030141 R1200030160 R1200030171 R *0 t R1200030173 R1200030180 R1200030191 R1200030192 R1200060010 R1200060030 R1200060040 41209969048- R1200060050 -R4200000058- -R4-2000699f0- R1200060071 R1200060080 R1200060090 R1200060100 R1200060120 R1200060130 R1200080011 R1200080031 R1200080051-0 R1200080060 R1200080070 R1200080080 R1200060091 R1200080101 R1200080112 R1200080120 R1200080131 R1200080150 R1200080160 tSa? - tCouAoU. 5in, 7 o.,lk°--&i R1200080170 R1200080181 R1200080182 R1200080183 K & D HATFIELD R SUTLIFF C KODIAK 1425 ISMAILOV ST. 2205 ARCADIA DRIVE P.O. BOX 1397 KODIAK AK 99615 ANCHORAGE AK 99517 KODIAK AK 99615 R & G OTTO N PIERCE PATRICK COSTELLO 1422 REZANOF DR. P.O. BOX 2486 1519 E REZANOF DRIVE KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615-2281 D BUGNI LESLIE VANDERLIN S&SKIM 1424 BARANOF ST 1517 E. REZANOF DR P.O. BOX 769 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 P COSTELLO R & G FREEMAN W & M DONALDSON PO BOX 8185 P.O. BOX 2865 P O BOX 3312 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 D& K WIERENGA N BORS C & S DALRYMPLE 1513 E. REZANOF DR P O BOX 154 PO BOX 369 KODIAK AK 99615-8344 KODIAK AK 99615 WILLISTON ND 55802 S & D GATT C LAW ROBERT & NANCY MAIN 1520 BARANOF ST P.O, BOX 42 2870 SKOWHEGAN DRIVE KODIAK AK 99615 KODIAK AK 99615 HENDERSON NV 89074 D & S REID C ROSALES A & C CHRISTOFFERSON PO BOX 8935 P O BOX 3756 1516 E REZANOF DRIVE KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 J&L BROWN J&WALWERT D & J HEATH P.O. BOX 8604 P.O. BOX 1711 P.O. BOX 2784 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 R&TSTARR J&AWILLIS B&JHANZ 1518 REZANOF DR E 1516 ISMAILOV ST 1528 REZANOF DR KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 D& G GEE T MURPHY J& S MYERS PO BOX 8961 PO BOX 1568 214 W REZANOF DR A KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 J CUTHBERT D PARKER ETAL D JONES 11130 109TH AVE SW P.O. BOX 606 1524 ISLMAILOV ST VASHON WA 98070 KODIAK AK 99615 KODIAK AK 99615 T& R HERNANDEZ J& D CLAYTON B BRECKBERG 1514 ISMAILOV ST PO BOX 8715 1418 #1 KOUSKOV KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 J BRENTESON O& S OMLID J & N PETERSON PO BOX 3025 PO BOX 1161 1525 MISSION RD KODIAK AK 99615 KODIAK AK 99615-1161 KODIAK AK 99615 R RUOSS J& S BALL D& K LONG P O BOX 1371 1612 ISMAILOV ST P.O. BOX 4266 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 S RICKS ANTOINETTE WALKER J HOUSER ETAL 1418 #1 KOUSKOV PO BOX 947 PO BOX 3493 KODIAK AK 99615 KODIAK AK 99615-2676 KODIAK AK 99615 R & M DELA CRUZ A & J OLSEN D & S ERDMAN FLP P O BOX 493 1713 MISSION RD P O BOX 394 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 J MALLOY CARROLL,ELIZABETH A & A ZIMMER TRUST 1517 MISSION RD P.O. BOX 401 P.O. BOX 1582 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 M STIRRUP ETAL G & R CUNNINGHAM K & E LESTER P.O. BOX 1694 1617 MISSION RD P.O. BOX 373 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 W & B HEINRICHS S& G CHRISTIAN NORMAN S GRONN P O BOX 2812 P O BOX 8308 P.O. BOX 963 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 J & P MAHONEY J CARDENAS-FLORES ETAL DANIEL & CAROL NELSON SR 1717 MISSION RD PO BOX 3582 1522 KOUSKOV ST KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 L KERR TRUST M & C WANDERSEE P & K ANDERSON 1711 MISSION RD 1524 KOUSKOV P O BOX 1561 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 MIKE & CANDACE MCGUIRE K & C HOLLAND JR TOMIO T. DEMURA 1621 MISSION RD PO BOX 608 PO BOX 274 KODIAK AK 99615 KODIAK AK 99615-0608 KODIAK AK 99615 JEHOVAHS WITNESS KODIAK T & M LONGRICH ROBERT & SHARON SIMPLER CIO PAUL DEWOLF P.O. BOX 2494 1532 E KOUSKOV P O BOX 3257 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 S DIPALMA J & S PEOTTER R & C CHILDERS 1015 BRIONES RD P.O. BOX 2053 P O BOX 3909 MARTINEZ CA 94553-4338 KODIAK AK 99615 KODIAK AK 99615 E & E MUELLER C & M GRIFFIN 1513 KOUSKOV 1512 YANOFSKY ST KODIAK AK 99615 KODIAK AK 99615 Kodiak Island Borough 710 Mill Bay Rd Kodiak, RK 99615 ' Receipt Number: 010053789 Received By . : FICASH Received Frog: CITY OF KOD/ADDLEITE Zoning Charge Fee 200.00 CITY OF KOD/ADDLEITELT17A-Ibk3 Receipt Total .: 200.00 Amount Tendered : 200.88 Change . .: .80 Payment Received: Cash : .00 Check: 200.00 Charge: .00 Other : .00 03k 103 No.053033 Amaun BOCK OT 17A-1 200.00 200.00 Irk 11 KODIAK ISLAND BOROUGH • COMN,,.__IITY DEVELOPMENT DEPA__. MVIENT 710 MILL BAY ROAD. ROOM 205. KODIAK, ALASKA 99615-6398, (907) 486-9362 The application fee for items covered by this faun is $200.00, except as otherwise noted. Conditional Use Permits, and Variance applications also rsgsire the submission of a she plan. Applicant Information Property owner's name: r' ,PT�'t o — Kaa�ii2 Property owner's mailing address: Tlo A i,l Ll__ teA`'1 J City: -r -0-1D 1 A State: kr__ Zip: IS -_. Home phone: Work phone: 4-eio-Marto If applicable. Agent's name: L.Iil-S 1� rerW Agent's mailing address: S¢t) e , _ City: State: Zip: p Home phone: 4 -cos - e5 3 4- Work phone: Property Information • r Legsl Description: a. i i s� >} f{ -1 • tom-( ©-G r 'n Present use of property: U -»el, C_�h 9c -r 11' - '�.--(.3-12.0-.4- 4 li j l L (1 S Proposed PUra AC. "L,,' tCe7tT? ' use of property:*Ta-a_.1/4---1 , U` --5C_ CstY2 t3 f✓ �lJ I i Li_J TZ Z Applicant Certification I, the applicant/authorized agent, have bean advised of the procedures involved with this request and have rodevd a copy of Um appropnata regulations. Authorized Agent's -Sae ature Date Property Owner's Signature Date STAFF USE ONLY Code Section(s) involved: PAYMENT VERIFICATION Variance 22 C pp 'OL!, ICtga V I Conditional Use Permit Title 18 Review 0 1610ud 0d aa:43 153789 Zone Fee Li 0 1 2003 200.00 r Paid ie tell s Other (appearance requests, etc.) $50.00 ✓ Zoning change from e -P-- 1 to --- • COMMUNIITIOMORKKQEPAIT Application received by: KuJ;di, AK 25otJ (907) 486-9324 Staff signature Date July, 1993