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BELLS FLATS TR E OF TR A - Code Enforcement (2)Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us CASE FILE ACTION LOG • Legal Description Tract E of Tract A, Bells Faits Subdivision Street Address 465 Sargent Creek Road, Kodiak Origination Date 11/19/2013 Property Owner Mr John Zbitnoff Case Number ' 7a/ /4S/C c i io/3 61, 10 1.4 70'5 Date Action Initial 11/19/2013 C &A Sent NBH 7, .271/ 112/6 2 013 ,c ava7 r02 FIB; /J.Pa2 7 /0A) ii--// z I ' 7a/ /4S/C c i io/3 61, 10 1.4 70'5 Page 1 of 2 U.S. Department of Homeland Security United States Coast Guard John A Zbitnoff P.O. Box 8849 Kodiak, AK 99615 Dear Mr. Zbitnoff: Commanding Officer United States Coast Guard Base Kodiak P.O. Box 195005 Kodiak, AK 99619 -5005 Staff Symbol: (e) Phone: (907)487- 5320 x226 Fax: (907)487 -5334 Email: mark.c.nelson©uscg.mil 11000 FEB 4-2013 Coast Guard Base Kodiak convened an investigation after receiving a report of encroachment onto Coast Guard property adjacent to your land on Sargent Creek Road. The attached photograph depicts the boundary line separating the two properties and displays the encroached area. As stated in your conversation with LCDR Mark Nelson, the property is currently leased to A -1 Consultants for equipment storage and log transfer in support of shipping operation to the Lash Dock. A -1 Consultants utilized heavy equipment to clear Coast Guard property and store equipment and logs. There were no agreements nor was permission sought or granted to clear the land. The Coast Guard requires removal of all encroachments and land restoration to the best possible extent. This will include removing all machinery, logs and debris and leveling the affected area. To prevent soil erosion and sediment infiltration into Sargent Creek, plant grass and install a sediment barrier. In addition, place markers that clearly identify the boundary line to prevent future incidents. All the aforementioned actions need to be completed within the next 90 days. I am confident this proposal is the best possible compromise to minimize the effects and mitigate any negative impacts to the site. We are staunch stewards of the environment and take great strides in executing best management practices in order to protect and preserve it. If you have any questions, feel free to contact LCDR Mark Nelson, Engineering and Management Branch Chief (907) 487 -5320, ext. 226. Enclosure Sincerely PATRICK S. McELLIGAYI' Commander, US Coast Guard Acting Commander SENDER: COMPLETE THIS SECTION • COMPLETE THIS SECTION ON DELIVE Item 41f ResnctdDeliv&iy i�esd Yi(!)- 41:;9ECri anlae;'-tEi' e geese so that * Attach this card to the back of the 9 1. Mole Addressed to Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 SdeliVeiyaddresi different frontitril enier, deliverieddress below: :3 SvIceipe:. aCeitifled 13 Express Mail CIF:registered 1:1 Return Receipt 1:1:Insiirecl Mali .C1,CO.D. tifthedbelly paha Fee) Oiiit,:elass Mail, - - Postage Fees, Feld usPs PermitNO:: 30 December 2013 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Via: Certified Mail — Return Receipt Requested Receipt No: 7007 0220 0001 4423 8264 Notice of Violation and Order Re: Tract E of Tract A, Bells Flats Subdivision, 465 Sargent Creek Road, Kodiak, AK 99615 Dear Mr. Zbitnoff: On 19 November 2013, the Community Development Department provided you with a Courtesy and Advisory Notice advising you of the public safety hazard and KIB Code violations at the above detailed property. That correspondence further informed you that failure to address these matters by 4 December 2013 would result in a formal notice of violation. On 12 December 2013, at your request, this Department held a meeting with your representatives. At that meeting, The Community Development Department was informed that: 1. All logs had been moved out of the 25 foot 'no-storage' area as of that morning. 2. Logs were no longer being stored parallel to Sargent Creek Road. We were also assured that such storage would not happen again. It was also agreed that Mr. Norshiem would mark out the 25 foot set-back in the field and notify Mr Horn when this was done. Also a site inspection with Mr Horn and the Kodiak Fire Marshal was scheduled on 20 December 2013, to confirm the 25 foot 'no-storage' area and to carry out a Fire Code inspection. This inspection failed to transpire due to the inability of your legal counsel to fly into Kodiak. This Department conducted a follow up field review of the property on 27 December 2013. We were disappointed to find that despite the assurances from your representatives, many of the KIB Code violations had not been addressed or were reoccurring. Page 1 of 6 Logs and other items continue to be stored within the 25 foot 'no- storage' area, and in one area are touching the temporary fence along Sargent Creek Road (Contrary to KIBC 17.105.060F and the site plan for Planning and Zoning Commission Screening Review Case No. 11 -009). 17.105.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right - of -way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. In addition logs are still being stored parallel to the roadway and are being used as un- approved stops for the cold- decks. The logs piles (cold- decks) are also in excess of 20 feet in height. These issues continue to create a public safety hazard and the Kodiak Fire Marshal informed this Department that these are a violation of the 2009 International Fire Code. This issue will be addressed by the Kodiak Fire Marshal in writing. Accordingly, you are hereby notified that a violation of Kodiak Island Borough Code 17.105.060F and a public safety hazard exists on the property described as Tract E of Tract A, Bells Flats Subdivision (465 Sargent Creek Road, Kodiak, AK 99615). With the authority found in Kodiak Borough Code section 17.210.010: You are ordered to take the following actions on the property described as Tract E of Tract A, Bells Flats Subdivision (465 Sargent Creek Road, Kodiak, AK 99615). 1. Remove all logs and other stored items to outside of the 25 foot 'no- storage', area. 2. Remove and cease the storage of any Togs parallel to the Sargent Creek Road. 3. Permit the Kodiak Fire Marshal access to the property to, conduct a formal fire inspection within 10 days of the date of this correspondence. A thirty . (30) day deadline (from the date of this correspondence) is hereby established by administrative decision for you to abate this violation and to achieve compliance with the applicable zoning district standards and fire code requirements. Failure to address the issues detailed above by 29 January 2013, will result in further enforcement action required to ensure such compliance. That enforcement action will include forwarding this matter to the Borough Attorney for possible legal action. The property owner may be subject to the penalties and remedies prescribed by the following KIB. Title 17 Code: 17.210.030 Penalties and remedies. A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a Page 2 of 5 fine of not more than $300.00, in addition to the surcharge required to be imposed under AS 12.55.039. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use; variance or other entitlement issued under this chapter,. or to obtain damages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. C. Each act or condition violating this title, any order issued under KIBC 17.210.010(A), or any term or condition of a conditional use, variance, or other entitlement issued under this title, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. In the event that you disagree with this determination, you have certain rights of appeal as prescribed by the following KIB. Title 17 Code: 17.220.020 Commencement of appeal — Stay. A. A decision of the community development department director is final unless appealed to the commission within 10 working days of receipt of notification of the decision. B. An appeal is commenced by filing with the community development department a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. For your review, copies of the applicable sections of Kodiak Island Borough Code have been included with this correspondence. Please feel free to contact me at (907) 486-9364 with any questions or concerns you may have regarding this matter. Sincerely, Neil Horn, Code Enforcement Officer cc: Mr. Robert H. Pederson, AICP, Director, Community Development Department Mr. Charles E. Cassidy, Jr., Manager, Kodiak Island Borough Mr Rome Kamai, Kodiak Fire Marshal Mr Tom Loushin, CEO, A-1 Timber Mr David Norshiem, Resource Manager, A-1 Timber Mr Jasha Zbitnoff, representing Mr John Zbitnoff Mr Matthew Claman, Legal Counsel to A-1 Timber Planning & Zoning Commission Enc: Photographs of the property as at 27 December 2013. Page 3 of 5 Clucked, On : 2013:12 :27 10 :59:47� ates 57.70722222222223, 152.57166666666.666 Photograph showing log piles within 25 foot no- storage area and touching the fence. Page 4 of 5 , • Clicked On 2013122711;0619 " "COOrdirtates :.67.7072222222?223, -15157222222222222, Photograph showing log piles parallel to the road and being used as stops. :Clicked 0n12913.1211 1146:94 C0091+nrate' : S7 7Th, =15/57333333333332 Photograph showing parallel stored logs within 5 feet of the fence and therefore the Sargent Creek ROW. Photograph also shows cold-decks in excess of 20 feet in height. Page 5 of 5 ;10 1:-Ota67424e1J7 Community Development Departme • Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ..er _ .:'. dclrea ssee. ; "te'of,Del very lelivery addressc Es 'enter deiive Mr. John Zbitnoff PO Box 8849;, ' , Kodiak, AK 996151' :Article j∎1uhiber; I 1/ 1 (Transfer from servicelatie¢ 1 ervice Type Certified Mall D Express Mail • D Registered D Retum Recelpt for Memhandlse • • D'Inaured Mall QC.O D 4 Restricted Delive e). • . p Yes !:7007` 0220 DDD1' 4423 8264 PS -Form 3811, February 2004 Domestic Return Receipt 1025995 0211,540 17 December 2013 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Via: Certified Mail — Return Receipt Requested Receipt No: 7007 0220 0001 4423 8257 Re: Tract E of Tract A, Bells Flats Subdivision, 465 Sargent Creek Road, Kodiak, AK 99615 Dear Mr. Zbitnoff: Thank you for allowing your representative to meet with the Community Development Department (CDD) on 12 December 2013 to discuss Tract E of Tract A, Bells Flats Subdivision. The purpose of the meeting was to discuss the details of the Courtesy and Advisory Notice (C&A) sent to you on 19 November 2013 for this site. This correspondence details our discussion from that meeting. We were informed by A-1 Timber and your representative that the log-piles had been moved outside of the 25 ft "no-storage" area as of that morning and'that they would no longer be stored in that area. Additionally the logs stored parallel to Sargent Creek Road had been moved and would no longer be stored in that manner. Mr Nesheim agreed to mark the 25 foot no-storage area on the ground and would confirm this with the Code Enforcement Officer. Mr. Zbitnoff stated that the machinery and other items stored on the site were not junk. Mr. Jasha Zbitnoff will inform the Code Enforcement Officer, by 16 December 2013, of the plan and date to move these items. A-1 Timber stated that the use of cables as gates had been authorized by the KIB. However, neither party had at hand any documentary evidence of this and resolved to find documentary evidence for discussion at the next meeting. On 15 December 2013, the Kodiak Fire Marshal carried out an off-site, informal inspection of the site in respect to compliance with the 2009 International Fire Code (2009 IFC). The CDD met with the Fire Marshal today and he confirmed that there are issues with the current log storage in respect to the 2009 IFC. The Fire Marshal will conduct a formal .inspection of the site and inform all parties of his findings prior to the next meeting. The inspection will be coordinated through Mr Norshiem. Page 1 of 2 • In addition to the matters detailed above, the issue of vegetative screening at the rear of the site was discussed. The CDD will investigate this issue with the USCG (owners of the abutting property) and provide additional information at the next meeting. The next meeting is scheduled for 21 January at 2p.m. in the KIB Conference Room. Mr Horn and Mr Claman will confirm the details with all parties. We thank you for the opportunity to discuss these matters and for your cooperation thus far. In addition we also appreciate your efforts in moving the stored logs in response to public safety concerns and the requirements of KIBC Title 17 (Zoning Code). Please feel free to contact me at (907) 486-9364 with any questions or concerns you may have. Neil Horn, Code Enforcement Officer cc: Mr. Robert H. Pederson, AICP, Director, Community Development Department Mr. Charles E. Cassidy, Jr., Manager, Kodiak Island Borough Mr Rome Kamai, Kodiak Fire Marshal Mr Tom Loushin, CEO, A-1 Timber Mr Jasha Zbitnoff, representing Mr John Zbitnoff Mr Matthew Claman, Legal Counsel to A-1 Timber Planning & Zoning Commission Page 2 of 2 Bells Flats Yard Log Storage Plan Submitted by John Zbitnoff (Property Owner) and A -1 Timber Consultants (Lessee) 11 March 2014 A. Site Dimensions The site is described in the attached Bells Flats Yard Storage Plan map, which includes the following details: 1. Location of 25 -foot no storage area; 2. Location of permanent stops at each end of the property; 3. Location of two potential water hydrants, subject to review and approval by KIB Fire Marshall; 4. Location of cable gates; 5. Length and width of the property at its longest and widest points; and 6. Dimensions of log storage cold decks, which approximate the storage of logs that vary in length from 26' to 36' B. Water Hydrant Locations and Installation The map reflects two potential locations for water hydrants. The property owner understands that the KIB is in the process of acquiring two hydrants, but is uncertain of the type of hydrant the KIB will acquire. In addition, the property owner is uncertain of the planned method to supply water to the hydrants. Once the KIB identifies the type of hydrant and water supply, the property owner will work with the KIB to develop construction and installation plans. Once materials are available and there is an agreement about design, the property owner will install the water hydrants within 90 days. The final hydrant siting and installation will be done through consultation, review, and acceptance by the KIB Fire Marshall. C. Log Deck Stops In addition to the existing permanent log deck stops at the end that faces Rezanof Drive, A -1 will install two permanent log deck stops at the end of the deck that faces Sargent Creek Road. The stops will be logs at least 12 inch small end diameter and 40 feet in length. These logs will be buried a minimum of 10 feet in the ground. The spacing between logs will depend on the width of the deck. A -1 will install these stops within 30 days of the acceptance of this plan by the KIB Fire Marshall and KIB Code Enforcement. Temporary log deck stops may be employed on log deck ends as logs are being stacked. D. Log Storage Cold Deck Dimensions Logs shall be stored perpendicular to Sargent Creek road in decks that are no greater than 30 feet in height. The logs may be stacked in any combination of length and width that best utilizes the storage area. The width of the stacks on the map is representational, and logs of varying length will be stored in all stacks. Bells Flats Yard Storage Plan This map was prepared by A -1 Timber Consultants Inc (A -1) for the purpose of display only. A -1 does not warrant the accuracy of this map nor any of the information it contains. Permission is required before reproducing. Additionally, any and all ideas, concepts or designs are the sole property of the author. N s 1 inch = 100 feet Legend • Monuments Public Road • Stanchions Site Features Cable Gate x x Fencing rNo Storage Area L] Storage_Plan Streams Section Lines I Private Property February 19, 2014 s U.S. Department of Homeland Securit United States Coast Guard John A Zbitnoff P.O. Box 8849 Kodiak, AK 99615 Dear Mr. Zbitnoff: Commanding Officer United States Coast Guard Base Kodak P.O. Box 195005 Kodiak. AK 99619 -5005 Staff Symbol: (e) Phone. (907)487- 5320 x226 Fax: (907)487 -5334 Email: mark.c.nelson@uscg.mil 11000 FEB 4-20 :3 Coast Guard Base Kodiak convened an investigation after receiving a report of encroachment onto Coast Guard property adjacent to your land on Sargent Creek Road. The attached photograph depicts the boundary line separating the two properties and displays the encroached area. As stated in your conversation with LCDR Mark Nelson, the property is currently leased to A -1 Consultants for equipment storage and log transfer in support of shipping operation to the Lash Dock. A -1 Consultants utilized heavy equipment to clear Coast Guard property and store equipment and logs. There were no agreements nor was permission sought or granted to clear the land. The Coast Guard requires removal of all encroachments and land restoration to the best possible extent. This will include removing all machinery, logs and debris and leveling the affected area. To prevent soil erosion and sediment infiltration into Sargent Creek, plant grass and install a sediment barricr. In addition, place markers that clearly identify the boundary line to prevent future incidents. All the aforementioned actions need to be completed within the next 90 days. I am confident this proposal is the best possible compromise to minimize the effects and mitigate any negative impacts to the site. We are staunch stewards of the environment and take great strides in executing best management practices in order to protect and preserve it. If you have any questions, feel free to contact LCDR Mark Nelson, Engineering and Management Branch Chief (907) 487 -5320, ext. 226. Enclosure Sincerely PATRICK S. McELLIGATT Commander, US Coast Guard Acting Commander ;� CuoAcHe2 6�12r Point marked by Borough personnel depicting how the area of encroachment. k: 4 /i • t ZBITNOFF. JOHN Property line between the USCG and Mr. John Zhitnotl f" Kodiak Island Borough GIS This map does not<oromotea survey no, ran m....oraq of property boundaries be vMMd. imagery is from 2010. httpYto n.kodlakak.Ps /gis (907) 486 -9333 d 85 130 260 390 520 Feel • Recorded Locations • Survey Monument Recovered Property Boundaries <14,4tE, •• 7F. TN. I , f ( 4 t44 OlotiViirte‘, 1!IIP.t.' • • :1",_ • jpi Kodiak Island Borough GIS 114s..pd.""°"°•"'`"" • property boundarivn be verified. Imagery la horn 2010. W•CT lutplArenv.kodiakak.us/gis (907) 486-9333 0 65 130 250 390 520 ' .11.° ."`• 4P F Poi • Recorded Locations • Survey Monument Recovered Property Boundaries U.S. Fish and Wildlife Service National Wetlands Inventor fi r Available Layers Ca ..Vetlands © O • • Wetland Staus • • Ripanan 0 II • • Ripanan Status /0*,e _C Data Source t � Sowcs Type Image Sole o Image Year • Areas of Interest FWS Refuges L Welland Zoom To F••tur• °pant,: S Classification Code: PEM1 /SSIR r jj.code Wetland Type: Fr•.hoater Emergent wetland Acres: 3.33 Status: Digital Image Date(s): 06/78. 07/79. 07/83 Source Type: CIR Image Scale: 60000 Project Metadata: NOME Historrc Map Info: FLOC Metadete: cLc4 here Wetlands - Freshwater Emergent ▪ Froshwaier Forested+Shrub _ Estuanne and Marine Deepeater ▪ Eshunne and Mann. ▪ Freshwater Pond _ Lake - Rnen:e ▪ dew P2USF1V!1N Mai Stake: 1t9028 Lett 37.7084, trig: - 152.5636 U S Fish and Wildlife Service National Wetlands Invento Zeem to. Available Layers - -d Wetlands © it Wetland Status Rrpanan Rrpanan Statue Oata Source • Source Type • •1tneae xale; Image Year . At of Interest s Refuges' • B FWS Ref Wetlands Freshwater Emergent - Freshwater Forested/Shrub ▪ Estuanne and Mame Denpwahr • Estuanne and Marna resherater Pond _ate (.. Pvenne r;rrer Latt 57.7086 Utgt -152.5777 Neil Horn From: Neil Horn Sent: Tuesday, February I1^2Ul4225PN4 To: Claman, Matthew W. (C|amanM@LanePoweU.com);mma.kamai@city.kodiak.ak.us; 'dnesheim@acsalaska.net'; Jascha Zbitnoff; Dale Rice (rnah 'hce@gmnai|.con) Cc: Bob Pederson; Bud Cassidy; Jack Maker Subject: Tract E of Tract A Belis Flats - Log Storage Good Afternoon Gentlemen, (David and Jascha, please forward to Tom and John) Thank-you for meeting this morning to discuss the !og storage at Tract E of Tract A BeIJs Flats. A very successful meeting that created a mutually agreeable way forward. As discussed, this email is to summarize the key agreements of that meeting, in advance of a formal plan from A-1 Timber and Zbitnoff. Please respond with anything you feel 1 may have omitted or miss-interpreted, in order that we agree the basic details for Dale Rice to take to the Womens Bay Fire Prevention Board on 4 March 2014. Meeting at Tract E of Tract A Bells Flats at 11 am, 11 February 2014. Attending: Neil Horn (KIB), Rome Kamai (Kodiak Fire Marshal), Dale Rice (Womens Bay Fire Chief), Matthew Claman (Legal Representative, A-1), Tom Lousin (CEO A-1), David Nesheim (Resource Manager a-1), John Zbitnoff (property owner), Jascha Zbitnoff (property owner). Purpose: To discuss and agree the requirements for the continued Iog storage at the property in accordance with KIB Code and International Fire Code. It was agreed that: 1. The no storage area has now been estabtished and marked (with fence posts) at 25 feet back from the drivabie surface or Sargent Creek Road. a. The property owner and A-1 agreed that no items (logs or other) would be stored forward ofthese markers. 2. Permanent, approved (by the Fire Marshal) stops to be established and maintained at each end of the property. a. The current stops at the Rezanof Drive end are acceptable. b. Stops must be established at the opposite end of the property. 3. Temporary stops may be used in between smaller log piles within the property boundaries. 4. Logs must be stored perpendicular to Sargent Creek Road. Logs are not to be stored parallel to Sargent Creek Road; this creates a safety hazard, potentiaily blocking the road. 5. The property owner will construct 2 wefls; one at each end of the property TBD), to permit greater fire- fighting capacity. a. Tobe correctly applied for through K|B. b. The Fire Marshal agreed to provid a' c. The Fire Marshal agreed to provid water hydrants. 1 6. Ifthe above conditions are met, the Fire Marshal agreed to allow cold decks up to 30ft high (as opposed to 20 ft without the additional water supply). 7. If the above conditions are met, the CDD agrees to continue to allow the use of the "cabte-gates" for the two (2) entrances. 8. A-1 and Zbitnoff will provide, by 11 March 2014, to the CDD, a written and drawn plan detailing: a. Site Dimensions. b. Z water hydrant locations. c. Plan and construction details of wells for hydrants (including date to complete). d. PIan and construction detalis of stops (including date to complete). e. Dimensions (drawn on plan) of Iog storage cold decks. 9. The CDD and Fire Marshal will provide approval or detailed, proposed amendments within 14 (calendar) days of receipt of the plan. Due to the requirement to gain KIB approvals, itwiUbeacceptab|athattheP/ancnntainsdates"hHdaysafter0B approval of this plan" or similar. We are all aware that as we are working to a solution enforcement action is currently abated. We do not however, intend to provide formal "Notice ofCornp|iance" until we have a defined plan and agreement that meets K|8 approval. Please provide any feedback in order that we have the basics ironed out before Dale's meeting on 4 March. Thanks Neil 2 r Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us FIELD REVIEW CHECK LIST DATE 12/9/2013 STREET ADDRESS 465 Sargent Creek Road LEGAL DESCRIPTION Tract E of Tract A, Bells Flats Subdivision OWNER Mr John Zbitnoff MAIL ADDRESS PO Box 8849, Kodiak AK 99615 TELEPHONE No. PURPOSE OF REVIEW Follow up from C &A dated 11/19/2013 COMMENTS / NOTES On 12/9/2013 at 11:45 I conducted a field inspection of the log storage yard at 365 Sargent Creek Road, Kodiak. This Field Inspection followed the C &A issued on 19 November 2013 in respect to; 1.Open Storage of logs and other items closer that 25ft to ROW. 2.No gates installed. 3.Area constitutes a junkyard. 4.Logs in excess of 20ft high. Since the issue of the C &A there has been no effort to remedy the KIB Code violations. The attached photographs show the continued violations of Code. Additionally the photographs show the addition of junk items on the ROW, outside cif the fence, being used to support the fence. Also parallel logs are egre'ssing outside of the fence -line, under the rope 'gate'. REVIEWER Neil B Horn, KIB Code Enforcement Officer Page 1 of 1 "1- "!•4' 4;40. a r _ d;. ; ]rah,. -. �a,rt 4 December 2013 Mr. Rome Kamai Kodiak Fire Marshal Kodiak Fire Department 219 Lower Mill Bay Kodiak AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Request for Fire Code Compliance Inspections Dear Mr. Kamai: As you may be aware, there has been growing public concern about, possible health and safety hazards at the log-pile storage areas at the LASH Dock and at 465 Sargent Creek Road. Our preliminary research indicates that both sites may be in violation of the requirements of the 2009 International Fire Code (IRC), specifically with regard to the height of the stacked logs (cold decks) and the proper means of securing the log piles with stops for safety. Other standards of the IRC may also apply. We previously provided you copy of the Courtesy and Advisory Notices sent to the respective property owners in reference to these matters. Accordingly, this Department requests that the Fire Marshal conduct a compliance inspection of both sites for compliance with the IRC. We would appreciate receiving copies of your findings. Please contact me should you have any questions or need additional information. Thank you for your.assistance in this matter. Sincerely, ,Neil Horn, Code Enforcement Officer cc: Mr. Robert H. Pederson, AICP, Director, Community Development Department Mr. Charles E. Cassidy, Jr., Manager, Kodiak Island Borough Planning & Zoning Commission File: Parcel A and B of USS 2539 Tract E of Tract A, Bells Flats Subdivision Page 1 of 1 21 September 2012 Mr. Jack Maker Code Enforcement Officer Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Bells Flats TR E of TR A Letter of Courtesy and Advisory (August 24) Dear Mr. Maker, I received your above referenced letter on August 31st. This is delay is due to the fact our mail is not delivered at Pasagshak and only picked up on limited trips to town. Immediate action was taken on your letter that same day. Please accept the facts below as proof that we are voluntarily performing your requested actions: Item #1) Repair the damaged portions of your properties fence. A meeting was conducted with A -1 Timber on August 31St to discuss the fence issue. The down sections of fence were discussed and the fence was put back up. Subsequent actions have also taken place to install more fence ties along the entire section on Sargent Creek Road. Item #2) install gates at the fence entrance /exit opening along Sargent Creek Road (southwest) side of our property. This item is being addressed but not yet completed. It will however be complete by the end of October which I believe is reasonable given the changes we are making. We are installing different end posts on both sides of these areas to facilitate more secure mounting for the gates. These openings are approximately 80 feet wide to allow the truck /trailer combinations to enter and leave the property without crossing into the other traffic lane. The width of the opening prevents the use conventional chain -link gates. Lighter rollup safety fences gates were used initially but these fail during the high winds and heavy snow we receive. We will be installing the new end posts on both driveways and switching to a cable gate that can be stretched across the opening. Warning /keep -out signs are currently in place at these opening and will be re- installed on the new gate posts. Additional signs will be installed on the cables. This item requires coordination with the local utility companies and a contractor to make sure the utility cables are damaged during the digging and installation of the posts. Item #3) Install fencing along the West Rezanof Drive (southeast) side of your property. This item is complete. We complied with this action item but do not agree with the validity of this action. This area fenced off with this short piece of fence is basically the highway right -of -way where no pedestrian traffic is supposed to occur. Item #4) Regularly maintain your properties fencing so as to continuously reduce the possibility of unauthorized or casual entry. Regular fence maintenance was discussed with A -1 Timber during the meeting on August 31St. The maintenance intervals have been shortened to provide more and improved maintenance on the fence. The four actions you requested were immediately looked into and we feel are adequately being addressed to meet the terms of your letter. In your letter you also asked that I contact you if I have any questions or concerns. I do have a serious concern that is not being addressed by anyone at the Borough up and including the previous Borough Manager. I am attaching copies of written correspondence that 'I have sent without receiving written reply on either from anyone involved with the Borough. I have also had multiple phone conversations and written communications with Mr. Conrad, Mr. Cassidy, and Mr. Gifford that to date have not resulted in any type of action on the Borough's behalf. From the very onse of the A-1 Timber operations at this Iocation we have requested that proper ditchirig be performed by the service district along the nearly 800 feet of Sargent Creek Road. This ditching plan has been discussed at service district meetings, with service district officials, Mc Cassidy and Mr. Gifford. We have offered to supply all of the required culvert materials at no charge to the service district, provide for a dump site for the excavated material, provide any possible help including certified traffic contro flaggers, and have even gone as far as offering to complete the requfred action with one of the Iocal Kodiak excavating contractors. Similar ditching requests are performed by the service district on a regular basis and this request is not out of the ordinary. A direct example of this was in fact obvious at the service district meeting both A-1 Timber and | attended in2010. A service district resident requested a similar ditch be dug that was not adjacent to his property and the work wa performed. Additional work for this same resident was performed in the past by the service district while I owned a company that had the service district contract. Additional ditching was performed again last spring on this same section while I was told it could not happen adjacent to our property. We want to install a more permanent fence along Sargent Creek Road and as stated with the Service District, P&z' Mr. Cassidy, and Mr. Gifford. This fence cannot be properly in5talled until the ditching is completed and proper culverts are installed at the driveways. This ditching is also a very important for safety on Sargent Creek Road. Currently all of the water coming down Sargent Creek Road is ponding in the low spot adjacent to the driveway on to our property until it is high enough to run across the road. This happened frequently last spring and as recent as the last storm this month. We have tried to deepen the ditches with a grader during maintenance on the property and work pad as much as possible but the long term and correct solution is performing the ditching with an excavator like they routinely do on other roads in Bells Flats. Please address the ditching issue as identified by the standard in Chapter zanuoun | have been requesting action on this matter even received return correspondence concerning this matter, 1 have asked to have the work scheduled by the service district and have observed them doing other similar ditching but none of my requests are even answered. We have offered to provide labor and materials free of charge for this effort. We have also offered to contract the work out which is done in service districts when the current service district contractor is unable to perform the service We met all of our obligations. and done,verything possible to meet or exceed the requests of the Kodiak Island Borough and Woman's Bay Community over the Iast two years. Up to this point in time, neither the B�rough nor the Woman's Bay Service District has taken any initiative to even address our concerns much less work to install the ditches mandated by Borough Code. The A-1 Timber operation has provided substantial income to the Borough that more than adequately would cover a two day operation at the most at a cost uf less than $sonn. Please schedule a meeting time with the Borough Manager and vvvmun', Bay Service District Officials 50 we can get the ditching done and bring this issue to close before someone is infu,:d trying to dodge the water that is cros ing the road. Sincerely, John Zbitnoff Cc: Mr. Duane Dvorak, Interim Director, Community Development Department Mr. Bud Cassidy, Interim Manager, Kodiak lsland Borough Mr. Jerome Selby, Kodiak Borough Mayor Honor Carpenter, ADEC Attachments, 23 November 2010 letter, 29 June 2011 email traffic, 17 June 2011 email traffic Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us August 24, 2012 Letter of Courtesy and Advisory Via: Regular Mail Reference: Bells Flats TR E of TR A / 465 Sargent Creek Road, Kodiak, AK 99615 Zoning District: I — Industrial Zoning District Mr. John Zbitnoff Post Office Box 8849 Kodiak, AK 99615 Dear Mr. Zbitnoff, This correspondence is directed to you as courtesy notice and advisory. On January 23, 2011, the Community Development Department provided you with correspondence notifying you of the above identified Industrial Zoning District property's fencing requirements approved by the Kodiak Island Borough Planning and Zoning Commission during Case 11 -009 (Fence and Screening Review according to KIBC 17.105.060 F & G, copy enclosed). The fencing approved as acceptable was a temporary fence around three sides of your property utilizing gates to completely close off the property from Sargent Creek Road, with the vegetation along the Sargent Creek side (being left in its natural state) sufficing as the fencing for that portion of your property. That correspondence also stated that the fencing was to be maintained on a regular basis. The Community Development Department, through routine code enforcement patrols, has noted your property's required fencing to often be in disrepair (portions regularly knocked down, fencing detached from fence poles, etc.). In addition, it was noted that no fencing has been installed along the West Rezanof Drive (southeast) side of your property and no gates have been provided to close off the site from Sargent Creek Road (photos enclosed). Due to those findings, we have determined your property's fencing fails to meet the performance standard accepted by the K.I.B. Planning and Zoning Commission as required by the following K.I.B. Title 17 (Zoning), Chapter 17.105 (I — Industrial District) Code: 17.105.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right -of -way. Any storage shall be enclosed with a fence acceptable to the 11dove\departments \CD \CD -17 Property Files\Bells Flats\Tract A1Tract E\Zbitnof C&A.docx Page 1 of 6 commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. Of particular concern to the Borough is the public safety issue created by your property's poorly maintained fencing and lack of gates. In its current condition, that fencing fails to provide the needed security for the public and property owner, due to its inability to prevent unauthorized or casual entry into an area where potentially dangerous industrial activities are taking place. To ensure this public safety issue is addressed, it is requested that you perform the following actions to bring your property's fencing up to the standards found acceptable by the K.I.B. Planning and Zoning Commission during their Fence and Screening Review (Case 11 -009); 1. Repair the damaged portions of your property's existing fencing. 2. Install gates at the fence entrance /exit openings along the Sargent Creek Road (southwest) side of your property. 3. Install fencing along the West Rezanof Drive property. 4. Regularly maintain your property's fencing so as to continuously reduce the possibility of unauthorized or casual entry. A follow up field review of your property is scheduled for thirty (30) days from the date of this correspondence. Failure to voluntarily perform these requested actions by September 23, 2012 will result in the posting of a formal Notice of Violation and the subsequent enforcement action required to ensure your fencing conforms to the Industrial Zoning District performance standard prescribed by Kodiak Island Borough Zoning Code. Your recognition of, and attention to, this requirement of Kodiak Island Borough Code is appreciated. Please feel free to contact me at (907) 486 -9364 if you have any questions or concerns regarding this matter. Thank you, (southeast) side of your Jack L. Maker, Code Enforcement Officer Cc: Mr. Duane Dvorak, Interim Director, Community Development Department Mr. Bud Cassidy, Interim Manager, Kodiak Island Borough Planning & Zoning Commission File: Bells Flats Tract E of Tract A Enc: Photos, January 23, 2011 Notice of Acceptable Fencing (Case 11 -009) 11dove\departments \CD \CD -17 Property Files\Bells Flats\Tract A\Tract E\Zbitnof C &A.docx Page 2 of 6 Photos showing installed fencing along Sargent Creek Road to be in disrepair. 1ldove\departments\CD \CD -17 Property Files\Bells Flats\Tract A\Tract E\Zbitnof C &A.docx Page 3 of 6 Photos showing lack of required fencing along West Rezanof Drive (southeast) side of property. 11dove\departments \CD\CD -17 Property Files\Bells Flats\Tract A\Tract E\Zbitnof C&A.docx Page 4 of 6 Photos showing lack of required gates at entrance /exit openings along Sargent Creek Road. 1ldoveldepartments\CD\CD -17 Property Files\Bells Flats\Tract AlTract E\Zbitnof C&A.docx Page 5 of 6 a..•ell III +IICaP2: dju. >;Illldlp .11 ✓.1 +i ilra °aCe;i ;eul:.iu +1111, 1 i. 1101 I�ei11 +! 1�!a •iil:c i4 II �liulaill r. +! 'nil CO qt.t1P' GIS photo 11dove\departments \CD \CD -17 Property Files\Bells Flats\Tract A\Tract E1Zbitnof C&A.docx Page 6 of 6 January 23, 2011 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 11 -009. Request a Fence and Screening Review) according to KIBC 17.105.060.F & G, to allow the outdoor storage of bulk timber as permitted under KIBC 17.105.010.0 (Outdoor Storage) subject to commission review/ and approval of a fence per KJBC 17.105.060.F and commission review arid approval of screening for a lot located within 100 feet of residential use or.zonaper-K1BC,17e105.060.G (1 Dear Mr. Zbitnoff:, \l \� 1 `r i The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on January 19, 2011,,reviewed the fcricesereening request cited above. The commission - approved the motion to find acceptable a temporary fence established for the site by the applicant subject to the provision that it run around three sides of the lot and that the vegetation located along the common border with Sargent Creek be left in its natural state, that gates be providedto`'completely.clo'se off the site from Sargent Creek Drive, and that the fence be maintained on a`regular-basis;"'and adopt findings found in the staff report dated January 7, 2011 as Findings of Fact for Case 11 -009. The commission also approved the "no screening option" proposed by the applicant along the border of the parcel that is common and within 100 feet of any residential use and adopt the finding the findings outlined in the staff report dated January 7, 2011 as Findings of Fact for this case. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by tiling a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and is accompanied by the $350 appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FENCE FINDINGS OF FACT 1. KIBC17.105.060 (F) requires a fence option acceptable to the commission be submitted for review. The fence erected will provide the needed security for the public as well as the property owner preventing unauthorized or casual entry. 2. The fencing provided will address a number of other issues important to the Womens Bay Community, specific providing a specific entrance and exit to\the parcel and confining the activity associated with the logging operation (i.e. loading and unloading and equipment maneuvering), within the boundary of the designated parcel and off Sargent Creek Drive. NO SCREENING FINDINGS OF FACT 1. KIBC 17.105.060 (G) requires commission revic`w of screening provided by the applicant along the property line that is common and within 100 feet of any residentially zoned parcels; 2. The no screening option is sufficient alongihe.boundary of the parcels that sits adjacent of Sargent Creek and Russian Creek as residential deyelopnent in this area will not occur in the near future; and N • / 3. The no screening option is sufficient-as_ there is•a significant vegetative buffer between this parcel and the area zoned C- Conservation \ If you have any questions about; the action of the1Commission, please feel free to contact the Community Development Department at 486 -9363! \\�,4 / Sincerely, (7 ht an Sheila Smith Secretary CC: Jascha Zbitnoff r Neil Horn To: Subject: Claman, Matthew W. RE: Bells Flats meeting From: Claman, Matthew W. [mailto:ClamanM@LanePowell.corn] Sent: Tuesday, December 10, 2013 5:25 PM To: Neil Horn Cc: Bob Pederson; Jack Maker Subject: RE: Bells Flats meeting Neil: This email confirms that Mr. Loushin and Mr. Zbitnoff, as well as David Nesheim from A-1 Timber, plan to be at the KIB Community Development Office at 2:00 pm in Thursday, 12 December. I will stand by at my office to participate telephonically. Please let me know if you have any questions. Sincerely, Matthew W. Claman El LANE POWELL ATTORNEYS & COUNSELORS Counsel to the Firm, Bio I vCard Lane Powell LLC 301 West Northern Lights Boulevard, Suite 301 Anchorage, AK 99503-2648 Direct: 907.264.3311 Cell: 907.350.3105 www.laneoowell.com 1 17 December 2013 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Via: Certified Mail — Return Receipt Requested Receipt No: 7007 0220 0001 4423 8257 Re: Tract E of Tract A, Bells Flats Subdivision, 465 Sargent Creek Road, Kodiak, AK 99615 Dear Mr. Zbitnoff: Thank you for allowing your representative to meet with the Community Development Department (CDD) on 12 December 2013 to discuss Tract E of Tract A, Bells Flats Subdivision. The purpose of the meeting was to discuss the details of the Courtesy and Advisory Notice (C&A) sent to you on 19 November 2013 for this site. This correspondence details our discussion from that meeting. We were informed by A-1 Timber and your representative that the log-piles had been moved outside of the 25 ft "no-storage" area as of that morning and that they would no longer be stored in that area. Additionally the logs stored parallel to Sargent Creek Road had been moved and would no longer be stored in that manner. Mr Nesheim agreed to mark the 25 foot no-storage area on the ground and would confirm this with the Code Enforcement Officer. Mr. Zbitnoff stated that the machinery and other items stored on the site were not junk. Mr. Jasha Zbitnoff will inform the Code Enforcement Officer, by 16 December 2013, of the plan and date to move these items. A-1 Timber stated that the use of cables as gates had been authorized by the KIB. However, neither party had at hand any documentary evidence of this and resolved to find documentary evidence for discussion at the next meeting. On 15 December 2013, the Kodiak Fire Marshal carried out an off-site, informal inspection of the site in respect to compliance with the 2009 International Fire Code (2009 IFC). The CDD met with the Fire Marshal today and he confirmed that there are issues with the current log storage in respect to the 2009 IFC. The Fire Marshal will conduct a formal inspection of the site and inform all parties of his findings prior to the next meeting. The inspection will be coordinated through Mr Norshiem. Page 1 of 2 Y, In addition to the matters detailed above, the issue of vegetative screening at the rear of the site was discussed. The CDD will investigate this issue with the USCG (owners of the abutting property) and provide additional information at the next meeting. The next meeting is scheduled for 21 January at 2p.m. in the KIB Conference Room. Mr Horn and Mr Claman will confirm the details with all parties. We thank you for the opportunity to discuss these matters and for your cooperation thus far. In addition we also appreciate your efforts in moving the stored logs in response to public safety concerns and the requirements of KIBC Title 17 (Zoning Code). Please feel free to contact me at (907) 486 -9364 with any questions or concerns you may have. Sincerely, Neil Horn, Code Enforcement Officer cc: Mr. Robert H. Pederson, AICP, Director, Community Development Department Mr. Charles E. Cassidy, Jr., Manager, Kodiak Island Borough Mr Rome Kamai, Kodiak Fire Marshal Mr Tom Loushin, CEO, A -1 Timber Mr Jasha Zbitnoff, representing Mr John Zbitnoff Mr Matthew Claman, Legal Counsel to A -1 Timber Planning & Zoning Commission Page 2 of 2 January 23, 2011 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 9961.5 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 wwvv.kodiakak.us Re: Case 11-009. Request a Fence and Screei3iniew according to>KIBC 17.105.060.F & G, to allow the outdoor storage of lou)k timber Is \permitted under KIBC 17.105.010.0 (Outdoor Storage) subject to commission rev/ifewi and approval of a fence per KIBC 17.105.060.F and commission review and\approV(al of screening for a lot looated within 100 feet of residential use or zone per-KIBC 17005.060.G Dear Mr: Zbitnoff: The Kodiak Island BorOWPlanni4.and Zoning Commission at their regular meeting on January 19,2011, reviewed the fence screening-request cited above. The commission approved the motion to find acceptable a temporary fence established for the site by the applicant subject to the provision that it run around three sides of the lot and that the vegetation located along thecosimion border with Sargent Creek be left in its natural state, that gates be provided to cor41ete1y-c16se off the site from Sargent Creek Drive, and that the fence be maintained on a regular basis, and adopt findings found in the staff report dated January 7, 2011 as Findings of Fact for Case 11-009. The commission also approved the "no screening option" proposed by the applicant along the border of the parcel that is common and within 100 feet of any residential use and adopt the finding the findings outlined in the staff report dated January 7, 2011 as Findings of Fact for this case. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and is accompanied by the $350 appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision; FENCE FINDINGS OF FACT 1. KIBC17.105.060 (F) requires a fence option acceptable to the commission be submitted for review. The fence erected will provide the needed security for the public as well as the property owner preventing unauthorized or casual entry. 2. The fencing provided will address a number of other issues important to the Womens Bay Community, specific providing a specific entrance and exit to the parcel and confining the activity associated with the logging operation (i.e. loading unloading and equipment maneuvering), within the boundary of the designated parcel adoffSargent Creek Drive. NO SCREENING FINDINGS OF FACT 1. K1BC 17.105.060 (G) requires commission review of-screening \provided by the applicant along the property line that is common and withifF1-00 feet of anyresidentially zoned parcels; \ ,? 2. The no screening option is sufficient along/the boundary of the parcels that sits adjacent of Sargent Creek and Russian Creek as residential development in this area will not occur in the near future; and 3. The no screening option is sufficient-as there is a-sigruficant vegetative buffer between this parcel and the area zoned C-COns‘rvation. If you have any questions about \t.1T action of the Commission, please feel free to contact the Community Development.Department at 486-9363. Sincerely, Sheila Smith Secretary CC: Jascha Zbitnoff January23,, 2011 Mr. John Zbitnoff PO Box 8849 Kodiak, AK 99615 Kodiak Island Borough Community Development 'Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakalc.us Re: Case 11-009. Request a Fence and Screening R G, to allow the outdoor storage of bulk ti (Outdoor Storage) subject to corruniss. 17.105.060.F and commission revie 100 feet of residential use or zone per Dear Mr. Zbitnoff: o_ revi app r.1v 1'll. 11% ding to KIBC 17.105.060.F & perm L. u et.nder KIBC 17.105.01.0.0 and app Mal of a fence per KIBC al of screening for a lot located within 05.060.G The Kodiak Island Boroupp. DI in . a 0 on ng Commission at their regular meeting on January 19, 2011, reviewed the fence screening request cited above. The commission approveg e motio find acceptable a temporary fence- established for the site by the applicant subje 93 the sion that it run around three sides of the lot and that the vegetation located along the co o border with Sargent Creek be left in its natural state, that gates be provided to completely close off the site from Sargent Creek Drive, and that the fence be maintained on a regular basis, and adopt findings found. in the staff report dated January 7, 2011 as Findings of Pact for Case 11-009. The commission also approved the "no screening option" proposed by the applicant along the border of the parcel that is common and within 100 feet of any residential use and adopt the finding the findings outlined in the staff report dated January 7; 2011 as Findings of Fact for this ease. An appeal of this decision may be initiated by; 1) the applicant; or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Cornmission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and is accompanied by the $350 appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decisiOn: FENCE FINDINGS OF FACT 1. KIBC17.105.060 (F) requires a fence option acceptable to the commission be submitted for review. The fence erected will provide the needed security for the public as well as the property owner preventing unauthorized or casual entry. 2. The fencing provided will address a number of other issues important to the Womens Bay Community, specific providing a specific entrance and exit to the parcel and confining the activity associated with the logging operation (i.e. loading and unloading and equipment maneuvering), within the boundary of the designated parcel and off Sargent Creek Drive. NO SCREENING FINDINGS OF FACT 1. KIBC 17.105.060 (G) requires commission review of scr along the property line that is common and within 1 ng provided by the applicant y residentially zoned parcels; 2. The no screening option is sufficient along li>"Tho,441ary of - larcels that sits adjacent of Sargent Creek and Russian Creek as resid- tideve o 'ment in is area will not occur in the near future; and 3. The no screening option is sufficie parcel and the area zoned C-Cons If you have any questions about th Community Development D en Sincerely, 6t)e620 Sheila Smith Secretary CC: Jascha Zbitnoff ificant vegetative buffer between this Commission, please feel free to contact the U.S. Postal Servicem, 'CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) =ti C3 C3 iC3 iCI p r1 =• ri ' IT 1'- For delivery information visit iitt o ' - Rudd Postage CertHied Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required' TotatPostage & Fees Sent To website usps.comr. `-VON\ !- D?17Skit) J. \TiM Vi f Apt No • tee, or PO Box No. e1Q1 �c, City, State, ZIP+ PS Form 3800. 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IA pay Ueo.. • ' ®lien Iquoud 10 ®lien ss �l Pelievad J1 „TAT au Juellodwj ; s1saA one Jo' woes teelsod egt t(q;da>I,Aiemiep to [mow y • NOV3 l5w2 J 1elll;uap! anblun V Ix J V I . ;draoai 6ulll0wV • KODIAK iSLAfJD J i pailUIa3 ,.'ft .eaun_:,nt V. l4 I,nl[a0F1 November 20, 2013 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Via: Certified Mail - Return Receipt Requested Receipt No: 7009 1410 000.0 9500 4457 Mr. Tom Loushin A-1 Timber Consultants Inc. P.O. Box 825 Kodiak, AK.- 99615 Re: Tract E of Tract A, Bells Flats Subdivision/4 ent Creek Rd. Kodiak, AK 99615 Zoning: I - Industrial Zoning District Dear Mr. Loushin: The Community Developm n,t-D-epartrnent_Adetermined the above identified property is being maintained in a manner that creates a blic safety hazard and violates KIB Title 17 (Zoning code). As the operator of tie log storage yard established on the property, the enclosed correspondence (directed t lhe prope owner, Mr. John Zbitnoff) is provided for your review. / Please feel free to contact me at--(907) 486-9362 with any questions or concerns you may have regarding this correspondence. Thank you, Jet* L. Ma er, Assistant Planner cc: Mr. Robert H. Pederson, AICP, Director, Community Development Department Mr. Charles E. Cassidy, Jr., Manager, Kodiak Island Borough Planning & Zoning Commission File :Tract E of Tract A, Belts Flats Subdivision Enc:Copy of Courtesy and Advisory Notice dated November 19, 2013, Applicable sections of KIB Title 17 Code, P&Z Case No 11-009 decision letter, Photos Page 1 of n.s 0 0 LtJ u.s., postal Service u, CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; 140 Insurance Coverage Provided) For delivery information visit our website at varivrAISpS.cOMe KQQflF4CSALr Co 1-1 7., fiebitnReCeibtre.a b" (EndotSeMentReqUilea) o Restdcted Ilvety F ( ndoisement Raoul 0 rA TotalPQM° & ......... s'n**, :52S ........ ........... ................ --- Wrest N .... WieN(1,4 , ....... orPOB" bragialfa ()W4 ‘C- PS Form 3900. August 2006 -71 17-1. ir 7- - rhc-77,-TA SENDER: COMPLETE THIS SECTION See Reverse or instructions COMPLETE THIS SECTION ON DELIVERY ii:122.Vvrttatr 61151W' 410TY: • Mr. John Zbitnoff P.O. Box 8849 Kodiak, AK 99615 - Raoiior Wait' idlse ,.5okiiiiip7sfitork4 7009 h4io nada 95004235 111 1,*, 5-15S Foik3gliiFFeliiiiirij2064t': " 1ozsgs432-m-Is4o ' UNITED:STATES POSTAL SERVICE - „. • Sender Please print your name, address and ZIP-F4 box/ --' ,)r oC. • , — VE WPM 'f-194:11,4 1619C7 • ''\11,91-STta y;00 November 19,2013 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Via: Certified Mail — Retum Receipt Requested Receipt No: 7009 1410 0000 9500 4235 Mr. John Zbitnoff P.O. Box 8849 Kodiak, AK. 99615 Re: Tract E of Tract A, Bells Flats Subdivision KQ)\> Creek Rd. Kodiak, AK 99615 Zoning: I — Industrial Zoning District Dear Mr. Zbitnoff: This correspondence is directeoyo ks,a cou esy and advisory notice. The Community Development Department has received numerous complaints alleging the log storage yard established ontthe abovecdentified property is being maintained in a manner that creates a hazard to public safety and welfare. The specific allegations are that logs are being stored too close to the abuttihg Sargeflt'Creek Road right -of -way and that no gates are installed to close off the access openings ihthe fence that runs along that right -of -way. This department conducted various field reviews of the property and reviewed the applicable property files, applicable sections of KIB Title 17 (Zoning code), and various other codes and regulations applicable to log storage yards. Our investigation revealed the following: 1. Logs (including lengthwise logs positioned parallel to the roadway) and other items are being openly stored closer than twenty -five (25) feet from the abutting Sargent Creek Road right -of -way (contrary to KIBC 17.105.060 F and the site plan for Planning and Zoning Commission Screening Review Case No. 11- 009 /KIBC 17.105.060 G). 2. No gates have been installed to completely close off the site from Sargent Creek Drive (contrary to the requirements of Planning and Zoning Commission Screening Review Case No. 11- 009 /KIBC 17.105.060 G). 3. A sufficient amount of junk materials are being openly stored to constitute the lot being designated as a junkyard (KIBC17.25.110 J). 4. The log piles (defined as cold decks) do not appear to comply with the requirements of the 2009 International Fire Code (Cold decks are stacked in excess of twenty (20) feet high, are positioned to close together, and lack approved stops). Page 1 of 4 The Community Development Department has determined the property is being maintained in a manner that creates a public safety hazard and violates KIB Title 17. Copies of the applicable sections of KIB code, the decision letter for P &Z Case No. 11 -009, and photos of the property are provided with this correspondence. It is requested that you review these accompanying materials and address these matters of public safety and KIB Code by taking the following actions: 1. Move all openly stored logs and other items to an area no closer than twenty -five feet from the property line that abuts the Sargent Creek Road right -of -way; and 2. Install gates in the two access openings in the fence that runs along the Sargent Creek Road right -of -way; and 3. Remove all junk items from the property. To further ensure public safety and welfare, this matter has been forwarded to the Kodiak Fire Marshall with a request to inspect all local log storage yards for compliance with the 2009 International Fire Code. As you are aware, this department has previously spoken with you and representatives of A -1 Timber Consultants regarding these matters of KIB Code. To this date, you have failed to take the action required to bring your property into compliance. To ensure the appropriate action is taken, a follow up field review of the property will take place fifteen (15) days from the date of this correspondence. Failure to voluntarily take the requested actions by December 4, 2013, will result in the posting of a formal Notice of Violation and the subsequent enforcement action necessary to ensure compliance with KIB Title 17. Your recognition of, and attention to, these requirements of the Kodiak Island Borough Code are appreciated. Please feel free to contact me at (907) 486 -9362 with any questions or concerns you may have regarding this correspondence. Thank you, Jack L. Maker, Assistant Planner cc: Mr. Robert H. Pederson, AICP, Director, Community Development Department Mr, Charles E. Cassidy, Jr., Manager, Kodiak Island Borough Mr. Rome Kamai, Kodiak Fire Marshal Mr. Dale Rice, Womens Bay Fire Chief Mr. Dave Neuman, Chair, Womens Bay Service Area Board Mr. Tom Loushin, President CEO, A -1 Timber Consultants Inc. Planning & Zoning Commission File:Tract E of Tract A, Bells Flats Subdivision Enc: Applicable sections of KIB Title 17 Code, P &Z Case No. 11 -009 results letter, photos Page 2 of 4 -c-1;9/22/2013 14 52 rnotos snowing no gazes instal lea in fence openings ana logs ana otner items openly stored closer than 25' from the Sargent Creek Road right -of -way. Page 3 of 4 Photo showing lengthwise logs openly stored parallel to, and closer than 25' from, the Sargent Creek Road right -of -way, 1Jr'22: U13 i4 53 pK ^ +n chn i k t I +^r.,1 r"^ser than 25' from the Sargent Creek Road right -of -way. g un i ems open y s Page 4 of 4 New Business Item 9-A P&Z November 17, 2010 II %A/ • 1.••••■•,-.• • Ow VW' I ••••• • • •■■• •••• • ..... •• 710 Mill Bay Rd., Room 205, KODIAK, AK 99615-6398 (907) 480-9363 - FAX (907) 486-9396 www.a.co.kodiak..k.us Applicant Information )ot,,,rx Thi4r10-PC Property owner's name o 88q-q Property owners mailing address 1<-0Ct_Lo qq4215 City State. httgkes.h& Zip *7-6,64-5755_ shokls-f-jocei.30 Home phone Work Phone E-mail Addr. Agent's name (If applicable) Agent's mailing address City Home phone State Zip Work Phone E-mail Addr. Property Information 4 p cioo a,00.10O0 Property ID Number/s Tcye-t- P. o Tv A Legal Description Current Zoning: 71:1; A.A.,...c-t-Am. L APplicable Comprehensive Plan:. Year of Plan adoption: Present Use of Property: 6) ckt ker,V Proposed Use of Property: (0‘44- ASYV v-a.3 (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner/authorized agent that this appikation for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it Is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site planl for valiance and conditional use requests and whkh may include optional supporting documentation as indicated below. k Additional Narrative/History As-bulit Survey Photogrephs X Maps Other Sep-b a 0 i 0 Property Owner's Signature Date Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other Information that reasonably may be required in order that an Informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY (0) Code Section(s) Involved: / 45. d 6d (f) ,ecc_vt Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.0 --K44'4 Other (appearance requests, site plan review, et 150.00 Zoning change frotp to (KIBC 17.72.03 ECEIVED OCT jj 2 OCT 1 MO Kodiak 1 KODIAK ISLAND 80 dpvi Application sect Staff signature ance 710 MILL BAY R0., KRIM, AK 99 1 Department PAYMENT VERIFICATION .Zoning Change, _ Fee Schedule: (per KIB Assembly Resolution Eft July 1, 2005) Less than 1,75 acres S350:00 176 to 5.90 acres $750,00 5.01 to 40,00 acres S1,000.00 40.01 acres or More $1,500:00 -03 Case No. 11-009 Application Page 1 of 2 • e.1) p•••=t. k. or.) ::; oo FT- " 14 5-ToZE" atoe o 'Pe.,;q1c,A.59 New Business Item 9-A P&Z November 17, 2010 A i.,:b E.'". '.;-, f• , -'•' r • 7' r‘ `,... 00-17, --.0:,,, `,,,,.... -r•''') 11'01i A.. o Case No. 11-009 Application Page 2 of 2 Page 1 of 2 Jocelyn Front: John Zbitnoff Vzbitnoff@aol,corn) Sent: Wednesday, June 29, 2011 7:11 PM To: 'doonrad'; David.E.Heuman@uscg.mil; 'dave Neuman' Co: rgifford @kodiakak.us; Bud Cassidy Subject: RE: Contact from John Z DAVE & DAVE This is the follow-up to the phocon. A-1 timber is very close to resuming operations again. The plan is to still use our property for their sorting and storage operations. We have worked through all of the 1?&Z issues and gotten all of the required paperwork and permission from the Borough. We met with Bud Cassidy earlier this month and finished the checklist with him. There are two pieces remaining that require WBSD action. The ditch along the entire Sargent Creek Road still needs to be completed to prevent the road, runoff from entering the property and then we need to construct the permanent fence after the ditch is complete. As I stated in your meeting last fall 1 think this is a minor project and one that shouldn't take tong or cost muck money. The plan below is my best suggestion on how to accomplish the task at the lowest amount. #1 The property drains at approximately 1% from back to front so a uniform depth should work for the most part. #2 The ditch could be only 2 feet deep rather than the now standard 3 feet. Three feet will work also #3 We will provide 15" Ductile Iron pipe for culvert eliminating the need for the extra 1 foot of ditch culvert cover. The areas over the culvert can be humped up 6" to prevent water from going in the driveway. #4 We will remove the temporary fence so all excavator work can take place from the property saving the flagmen cost. #5 The excavated material can all be placed behind the ditch on our property eliminating any trucking cost. #6 The power and phone have been marked numerous times and should not be a problem because they are on the property line for the most part and not in the ditch bottom. There is one short run that they may be In the ditch but that section already is neariy deep enough. #7 We will put up the permanent fence after the ditch is complete. 9/22/2012 Page 2 of 2 #8 The highway ditch Is deep enough to allow drainage. #9 We will move the equipment on the upper end to provide access. #1 0 We will sign any releases necessary for the excavation and material waste This is a very small protect that Is only about 850 feet long and 2 feet deep. The total quantity Is about 250 CY and a small excavator should be able to dig it easily in a day or two at the most including the excavation for the culverts. We will help with the pipe installation once the ditch is dug if necessary to get the project completed. The SWPPP and NOI process is complete. One of the ADEC stipulations is that the road surface water be diverted to prevent entering the property. This diversion requires the ditching on your part. The road ditch Is part of the SWPPP and needs to be completed ASAP. ADEC Is aware that the ditch is not in yet but they are waiting for the completion date and monitoring the status through the SWPPP reports. 1 will be out of the state during your next meeting so please send me an e- mail with your schedule so 1 can deliver the pipe. John Zbitnoff 9 07- 5545758 From: dconrad [mailto:davetlsh @acsalaska.netj Sent: Friday, June 17, 2011 8 :32 AM To: David.E.Heuman @uscg.mil; dave heuman Cc: jzbitnoff @aol.com Subject: Contact from John Z Dave this email is in response to the contact by John Z regarding the request for ditching at his property on Sargent Creek Road several months ago. John contacted me yesterday to inquire regarding the status and ask when our next meeting is scheduled. l suggested that email would be a good method to document discussions. John l have not included the email of all the members as I do not have permission and some members may not what their emails public. I can assure that your correspondence will be shared with the board upon receipt. 9/22/2012 23 November 2010 Woman's Bay Service District c/o Bud Cassidy Kodiak Island Borough 710 Mill Bay Road Kodiak Alaska 99615 Re: 465 Sargent Creek Road Service District Members As the property owner of the property at 465 Sargent Creek Road I am working with ADEC to develop a Storm Water Discharge Plan in response to their letter dated 2 November 2010. The basic concern expressed in the letter is water and sediment entering Russian Creek as well as Sargent Creek. We are developing and submitting a plan that incorporates berming and drainage for the property. This effort is being hampered by the lack of drainage along Sargent Creek Road and the fact that the road and area up gradient is currently being drained on to our property due to the lack of a drainage ditch along this stretch of roadway. Kodiak Island Borough Chapter 16.80.080 Drainage clearly identifies the standard ditching and drainage that should incorporated along this roadway. The Code requires a 3:1 slope for eight feet in order to install culverts to the minimum depth of two feet, The initial response cut off for this action is early December 2010. We attended your November meeting and discussed this corrective action at that time. We are working with ADEC to meet their requirements but need to have the Service District complete the ditching in order to prevent runoff of water from the street onto the property. I am familiar with ditching having been done by the WBSD to keep road drainage from entering private property in the past and do not see this as a special out of the ordinary request. In fact the other discussion at the November meeting was similar type ditching on Kalsin Road, I was directly involved with ditching at this same location years ago when a major ditch was dug along Kalsin Road to protect this same property. Please provide a date that you expect to have this work completed so I can include it in our response to ADEC. Sincerely John Zbitnoff Cc: Honor Carpenter ADEC, Bud Cassidy KIB, Rick Gifford KIB