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2024-08-29 Work SessionKodiak Island Borough Assembly Work Session Assembly Chambers Thursday, August 29, 2024, 6:30 p.m. Work Sessions are informal meetings of the Assembly where members review forthcoming programs of the borough, receive progress reports on current program or projects or receive other similar information from the manager. All discussions and conclusions are informal and there are no official actions taken. The Assembly also review the upcoming regular meeting agenda packet and request and/or receive information from staff. This work session is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available online. Page CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 2. AGENDA ITEMS a. Discuss Ordinance Amending Various Sections Of The Kodiak 4-56 Island Borough Code Title 17 Zoning To Include Defined Intent And Development Standards For Accessory Dwelling Units Agenda Item Report - Pdf b. Discuss Writing A Letter To The State Of Alaska Alcohol And 57-92 Marijuana Control Office Regarding The Possible Revocation Of The Restaurant Or Eating Place License Renewal Application For Sizzler Burger And Peking Restaurant (License #2611 Combined Renewal Notice) Aaenda Item Resort - Pdf EcIINY_TyR21AV2LVJ12MIA The DRAFT regular meeting packet is available online at Kodiak Island Borough - Meeting Type List (civicweb.net). a. AWARDS AND PRESENTATIONS • Proclamation Declaring September 16-20, 2024, Kodiak Adult Education And Family Literacy Week COMMITTEE REPORTS • Cook Inlet Regional Citizens Advisory Council Presentation PUBLIC HEARING Ordinance No. FY2025-06, Amending Various Sections In Title 2 Administration And Personnel And Title 3 Revenue And Finance In Order To Clarify The Interpretation Of The Two -Thirds Vote Of The Governing Body Page 1 of 114 CONTRACTS • Contract No. FY2025-05, Agreement For The Provision Of Destination Marketing And Tourism Development Program With Kodiak Island Convention and Visitors Bureau (Discover Kodiak) • Contract FY2025-22, Baler Floor Overlay Replacement By RAM Enterprises, Inc. In The Amount Of $207,896.23 RESOLUTIONS • Resolution No. FY2023-03D, Amending The Kodiak Island Borough Records Retention Schedule and Central Filing System To Reflect Amendments To The Data Processing Series and Eliminating The Childcare Assistance Office Series ORDINANCES FOR INTRODUCTION • Ordinance No. FY2025-05, An Ordinance Of The Assembly Of The Kodiak Island Borough Rezoning Kodiak Townsite Block 8 Lot 3, Kodiak Townsite Block 8 Lot 4, And Kodiak Townsite Block 8 Lot 3a (Common Addresses 211 Mill Bay Road, 215 Mill Bay Road, And 206 Kashevaroff Avenue) From R3—Multifamily Residential District To B—Business District • Ordinance No. FY2025-07, Amending Kodiak Island Borough Code Section 1.10.030 Definitions And Section 2.20.080 Executive Absence To Clarify The Role, Responsibilities, And Pay Incentives Of The Administrative Official 4. MANAGER'S COMMENTS a 2024-08-29 Borough Manager's Report 5. CLERK'S COMMENTS a 2024-08-29 Borough Clerk's Report 6. ASSEMBLY MEMBERS' COMMENTS 7. MAYOR'S COMMENTS 8. EVENTS CALENDAR • September 5, Cook Inlet Regional Citizens Advisory Council Meeting, Kodiak, Alaska • September 24-26, 2024 Southeast Alaska Economic Summit & 66th Annual Meeting, Ketchikan, Alaska • December 9-13, Annual Local Government Conference, Anchorage, 93-102 103-113 Page 2 of 114 Alaska INFORMATIONAL MATERIALS a Meeting Material 114 This meeting is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492- 9202. Page 3 of 114 KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 29, 2024 ASSEMBLY WORK SESSION AGENDA ITEM #2.a. SUBJECT: Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough Code Title 17 Zoning To Include Defined Intent And Development Standards For Accessory Dwelling Units ORIGINATOR: Chris French, CDD Director RECOMMENDATION: For Assembly discussion. DISCUSSION: The Kodiak Island Borough Planning & Zoning Commission began working on potential amendments related to accessory dwelling units starting with a work session in May of 2023. After many months of reviewing the existing regulations in light of accessory dwelling unit regulation guides from AARP and AML; the Commission held its first public hearing on amendments related to accessory dwelling units on February 21, 2024. The Commission held three public hearings on the amendments, making multiple revisions to the draft ordinance. On June 18, 2024, the Planning & Zoning Commission voted 4 to 1 to recommend approval of the ordinance to the Assembly. As a part of the Commission's review of potential amendments related to accessory dwelling units, the Commission reviewed several documents: the most important ones being the ABCs of ADUs from AARP and the AkDU's and Don'ts from AML. Both of these documents are attached to this agenda item. This ordinance includes several amendments to the current regulations: • Removes the conditional use permit (CUP) requirement for those ADUs that meet the development standards. • The CUP remains as an option for those ADUs that do not meet one or more of the development standards. • Refines the current definition of an accessory dwelling unit based on best practices. • Removes the parking requirement based on ADU size and splits up the requirement based on those within the City of Kodiak and those outside the city. The requirement in the city is one space less than the requirement in the borough. • Simplifies the size restriction to a maximum of 800 square feet. • Removes the requirement that the owner of the property must live on the property. • Deletes requirements that are already in place through other ordinances such as building permit compliance. • Added a requirement that ADUs must be behind or to the side of the principal dwelling unit on the property. • Added a requirement that a property must meet the minimum lot size of the zoning district the property is located in before the property is allowed to apply for an ADU. • Removed the R2 zone from the list of zones that permit ADUs. This was removed because the R2 zone already permits two units on a property. Kodiak Island Borough Page 4 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 29, 2024 ASSEMBLY WORK SESSION There were two issues that the Commission discussed but motions to amend the ordinance failed. The first amendment was to make the parking requirement the same for the city as the borough. Some Commissioners pointed to the concern that the larger the requirement the higher the cost of the unit. The second issue that the Commission discussed but motions to amend the ordinance failed was the retention of the owner requirement. Some of the Commissioners believed that the owner requirement was hard to enforce. A one-page comparison of the current regulations and the proposed amendments is attached to this agenda item. That document is entitled, "The ADU Ordinance Review". ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... Page 5 of 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2025-NN AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING VARIOUS SECTIONS OF THE KODIAK ISLAND BOROUGH CODE TITLE 17 ZONING TO INCLUDE DEFINED INTENT AND DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS WHEREAS, the Kodiak Island Borough Assembly adopted Ordinance No. FY2017-21 which first adopted accessory dwelling units as a part of Title 17; and WHEREAS, the Kodiak Island Borough Assembly adopted Ordinance No. FY2019-20 which changed development standards for accessory dwelling units related to parking and size limits; and WHEREAS, Kodiak Island Borough Code (KIBC) 17.25.020 defines Accessory Dwelling unit "ADU"; and WHEREAS, KIBC 17.50.040, 17.60.030, 17.65.040, 17.70.030, 17.75.030, and 17.80.025 list conditional uses for the conservation, rural residential, rural residential 1, rural residential 2, and the residential 1 zoning districts; and WHEREAS, KIBC 17.50.020, 17.65.030, 17.70.020, and 17.75.020 list permitted use for the conservation, rural residential, rural residential 1, and the residential 1 zoning districts; and WHEREAS, KIBC 17.160.070 permits ADU construction; and WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts"; and WHEREAS, the public necessity and general welfare of the community may be better served by amending the code to include defined intent and development standards for accessory dwelling units; and WHEREAS, the public necessity and general welfare of the community may be better served by amending the code to make all types of accessory dwelling units permitted uses in the rural residential, rural residential 1, and the residential 1 zoning districts; and WHEREAS, the amendments to KIBC 17.160.070 Accessory Dwelling Units and related sections of Title 17 will accomplish the stated public need. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: That Title 17 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Ordinance No. FY2025-NN Page 1 of 6 Page 6 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. 52 53 Chapter 17.25 DEFINITIONS 54 55 17.25.020 A definitions. 56 57 "Accessory dwelling unit (ADU)" means a smaller, secondary an add0tMAR;;l dwelling unit 58 attaGhed to or within a single family residenGe or within a detaGhed aGGessory struGtUre eF as a 59 separate StFUGtUre on the sarne lot as the single family residenGe. ADLJs have a separate entranGe 60 and exit and Go main Lifnhen bathroGm, and sleeping faGiefies located on the same 61 lot as a principal dwelling. ADUs provide complete, independent living facilities (which at 62 a minimum include permanent provisions for living, sleeping, eating, cooking, and 63 sanitation which are accessed independently). The ADU shall not constitute a dwelling unit 64 for purposes of calculating permissible density. Only one ADU may be permitted per lot. 65 There are two types of ADUs: 66 67 A. Attached ADUs are connected to or part of the principal dwelling. Examples 68 include converted living space, attached garages, basements or attics; 69 additions; or a combination thereof. An ADU shall be considered to be a part 70 of the main building when joined to the main building by a common wall not 71 less than four feet long or by a roofed passageway which shall not be less 72 than eight feet in width. 73 74 B. Detached ADUs which are separate accessory structures from the principal 75 dwelling. Examples include converted garages or new construction. 76 .. 77 78 Chapter 17.50 C — CONSERVATION DISTRICT 79 80 17.50.040 Conditional Uses. 81 .. 82 J. Marijuana cultivation, standard (lots less than five acres)... 83 84 K. Accessory dwelling units that do not meet one or more of the development 85 standards listed in KIBC 17.160.070.C, 1 through 7. 86 87 Chapter 17.60 RR2 — RURAL RESIDENTIAL TWO DISTRICT 88 89 17.60.030 Conditional uses. 90 .. 91 C. Marijuana cultivation, limited (lots equal to or greater than two acres).. -i 92 93 D. Accessory dwelling units (ADUs) that do not meet one or more of the development 94 standards listed in KIBC 17.160.070.C, 1 through 7. 95 96 Chapter 17.65 RR — RURAL RESIDENTIAL DISTRICT 97 98 17.65.030 Permitted accessory uses and structures. 99 100 A. Accessory buildings and accessory dwelling units (ADUS). 101 .. 102 Ordinance No. FY2025-NN Page 2 of 6 Page 7 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 AGENDA ITEM #2.a. 17.65.040 Conditional uses. C. Accessory dwelling units (ADUs) that do not meet one or more of the development standards listed in KIBC 17.160.070. C, 1 through 7. Chapter 17.70 RR1 — RURAL RESIDENTIAL ONE DISTRICT 17.70.020 Permitted uses. M. Accessory dwelling units (ADUs) `at . 17.70.030 Conditional uses. D. Accessory dwelling units (ADUs) (detaG4ea)that do not meet one or more of the development standards listed in KIBC 17.160.070. C, 1 through 7. Chapter 17.75 R1 — SINGLE-FAMILY RESIDENTIAL DISTRICT 17.75.020 Permitted uses. H. Accessory dwelling units (ADUs) r'+;; 17.75.030 Conditional uses. F. Accessory dwelling units (ADUs) (da)that do not meet one or more of the development standards listed in KIBC 17.160.070. C, 1 through 8. Chapter 17.80 R2 — TWO-FAMILY RESIDENTIAL DISTRICT 17.80.020 Permitted uses. QP. Urban agricultural buildings and activities; and RQ. Agricultural buildings and activities (lots equal to or greater than 40,000 square feet when there is a single-family residence on the property). Chapter 17.160 ACCESSORY BUILDINGS AND ACCESSORY DWELLING UNITS 17.160.070 Accessory dwelling units. A. Intent. Accessory dwelling units (ADUs) add options and housing choice in residential neighborhoods and can be an effective way to add affordable housing to existing neighborhoods. ADUs also provide a flexible way to address family needs for additional housing. ADUs are not intended for use as transient housing and shall not be permitted for use as a bed and breakfast. 1. ADUs are not intended to allow a two-family residence in any single-family residential zoning district. Ordinance No. FY2025-NN Page 3 of 6 Page 8 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. 154 155 7 ADUs + + d to + the parking +for o +�.�o family �. v—ar"�RAr-irrceRv ��CirCceRr-aTr�Parrtm�� cgvTr"eli�eR: 156 dwelling (duplex) in the 0_7 zoning dio+rin+ 157 158 B. Permitted Uses. 159 160 1. ADUs are a permitted use in the following residential zoning districts: 161 162 a. Chapter 17.50 KIBC, C – Conservation District; 163 164 b. Chapter 17.65 KIBC, RR – Rural Residential District; 165 166 bc. Chapter 17.60 KIBC, RR2 – Rural Residential Two District; 167 168 ed. Chapter 17.70 KIBC, RR1 – Rural Residential One District (attached); 169 170 de. Chapter 17.75 KIBC, R1 – Single-family Residential District `at ; 171 172 e. Skaapter 17.80 I4I13r R2 Two family ResldeRt al DiiStFiiet. 173 174 G. Gend4ional Uses. 175 176 4 A.—D loo end0t0eno1 i in the fellowing r sideRtiol 9 n dio+rin+o- 177 178 a. Chapter 17.65 K113G RR Rural Residential ^o.'striGt-, 179 180 b. Chanter 17.70 Mar RRI _ R,Ural Residential One DiniSti,.+ _aclT 181 182 G. Chapter 17 75 14113G, R! e o„� tial Di�T�deta .h4T �--r-r-rsr— � �m ��T 183 184 BC. Development Standards for ADUs. 185 1. ^nlY „n„ ID I shall be per.m.i++„rl „n a in+ Lot size: The minimum lot area of the 186 applicable zoning district shall apply. No lot that is substandard in the minimum lot 187 area of the applicable zoning district may apply for an ADU. 188 189 2. Location. An ADU may be attached to or located within a single-family residence or within 190 a detached accessory building on the same lot as the single-family residence or as a 191 separate structure on that lot. 192 193 a. Attached ADU: if the enl l is Irmoted within single family dolling, There shall only 194 be one entrance to the front of the house. Separate entrances to an ADU located within 195 the principal dwelling or attached to it are permitted at the side or the rear of the 196 principal dwelling unit. 197 b. Detached ADU: The structure in which the ADU is located shall be located either 198 to the side or behind the principal structure that contains the single-family 199 residence. 200 201 3. ADUs are required tG GOMPly with all appliGable buildiRg and fire Gode requireme 202 Ordinance No. FY2025-NN Page 4 of 6 Page 9 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 AGENDA ITEM #2.a. 43. Water Supply and Wastewater Disposal. The accessory dwelling unit must have a bathroom and shall share the same sewage disposal and water supply systems (e.g., a well and septic system or connection to public water and sewer) as the principal dwelling unit unless separate sewer and water connections are required by the city of Kodiak, ADEC, or the communities of Akhiok, Karluk, Larsen Bay, Old Harbor, Ouzinkie, or Port Lions. 64. Parking. a. Five off-street parking spaces are required for any lot with an ADU that is 600Square foot of -less outside the City of Kodiak (three for the existing dwelling unit and two for the ADU). b. %kFouir off-street parking spaces are required for any lot with an ADU that is greater than 600 square foo+ located within the City of Kodiak (three for the existing dwelling unit and tlreeone for the ADU). 65. Size Limit. a. An ADU shall be limited to X800 square feet or less OR the R! and R2 DiS+rir.+S In oII ether dio+ri GtS aR / D I shall be limited to 725 square foot or loses b. Mobile homes, recreational vehicles, campers, and travel trailers are not permitted to be used as an ADU. 66. No new access points or driveways shall be created or installed for access to the ADU. 07. Nonconforming Structures. a. ADUs may be located within an existing single-family detached dwelling that is nonconforming with respect to required setbacks, provided the ADU requirement for off-street parking is met. b. ADUs are prohibited in any accessory structure that is nonconforming with respect to required setbacks. 4-08. Access for Emergency Services Providers. a. The zoning compliance permit and site plan for an ADU must show the location of an unobstructed route of travel from the street to the ADU entrance. b. Exterior doors and openings required by this code or the IBC shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from the apparatus access roads to exterior openings shall be provided when required by the fire code official. 449. Variances. a„g^ceT Conditional Use Permit Required. Ordinance No. FY2025-NN Page 5 of 6 Page 10 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 AGENDA ITEM #2.a. rlimorai.-.ns ral featwes, let Size, le hi iillJir..-� layout, other physiGal Rtal faGtOrc shall of be the +i r of a ++a har! „r det—Arh`.r! _FyliwelliRg , Ri+. Provisions within this chapter shall not be eligible for a variance. A proposed ADU that does not meet one or more of the provisions of paragraph D, 1 through 8, may request a conditional use permit. As part of the conditional use permit review, the applicant shall provide written justification on why a development standard cannot be met. The commission must determine as part of its review of such a conditional use permit request whether the written Justification for the CUP is in conformance to the review criteria established in KIBC 17.200.050 paragraph A. Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes effect upon adoption or at a later date specified in the ordinance.) ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2024 KODIAK ISLAND BOROUGH Scott Arndt, Mayor Introduced by: First reading: Second reading/public hearing: VOTES: Ayes: Noes: Ordinance No. FY2025-NN ATTEST: Nova M. Javier, MMC, Borough Clerk Page 6 of 6 Page 11 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. The Al of ADUc I A guide to Accessory Dwelling Units and how they expand housing options for people of all ages n�� DETACHED ADU GARAGE -CONVERSION ADU AARP.org/ADUs BASEMENT ADU ATTACHED ADU SECOND -STORY ADU Page 12 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... .T.1��0 Websites: AARP.org and AARP.org/Livable Email: Livable@AARP.org Facebook: /AARPLivableCommunities Twitter: @AARPLivable Free Newsletter: AARP.org/LivableSubscribe Orange Splot LLC Website: OrangeSplot.net Email: eli@OrangeSplot.net AGENDA ITEM #2.a. AARP is the nation's largest nonprofit, nonpartisan organization dedicated to empowering people 50 or older to choose how they live as they age. With nearly 38 million members and offices in every state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands, AARP strengthens communities and advocates for what matters most to families: health security, financial stability and personal fulfillment. The AARP Livable Communities initiative works nationwide to support the efforts by neighborhoods, towns, cities, counties, rural areas and entire states to be livable for people of all ages. Orange Splot LLC is a development, general contracting and consulting company with a mission to pioneer new models of community -oriented, affordable green housing developments. Orange Splot projects have been featured in the New York Times, Sunset magazine and on NBC's Today show. (The detached ADUs on page 3 and the back cover are by Orange Splot.) Company founder Eli Spevak has managed the financing and construction of more than 300 units of affordable housing, was awarded a Loeb Fellowship by the Harvard University Graduate School of Design, cofounded the website AccessoryDwellings.org and serves as chair of Portland, Oregon's Planning and Sustainability Commission. AARP and Accessory Dwelling Units Visit AARP.org/ADU to order or download our free publications and find more resources about ADUs. AARP The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages Y. AARP..,g/ADUs .......o.o. ss.�e..e.w -_AARP CCESSORY WELLING 1 NITS Model State Act and Local Ordinance IIIIIIIII AARP's ADU Publications (from left): This introductory guide; guidance about creating an ADU model state act or local ordinance; a detailed guide to design and development. Copyright ©AARP 2021, 2nd edition (1st edition published in 2019) 1 AARP is a registered trademark. I All rights reserved. No part of this publication may be reproduced in any form or by any means without the prior written permission of AARP, except brief quotations in connection with reviews written specifically for inclusion in magazines, newspapers or websites, or limited excerpts strictly for personal use. Page 13 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. Welcome! Come On In Accessory dwelling units are a needed housing option for people of all ages We know from surveys by AARP and others that a In fact, in the 2021 AARP Home and Community majority of Americans prefer to live in walkable Preferences Survey, adults age 18 or older who would neighborhoods that offer a mix of housing and consider creating an ADU said they'd do so in order to: transportation options and are close to jobs, schools, • provide a home for a loved one in need of care (86%) shopping, entertainment and parks. • provide housing for relatives or friends (86%) These preferences — coupled with the rapid aging of the United States' population overall, the decrease in households with children and the national housing shortage — will continue to boost the demand for smaller homes and affordable, quality rental housing. As small houses or apartments that exist on the same property lot as a single-family residence, accessory dwelling units — or ADUs — play a major role in serving a national housing need. This traditional home type is reemerging as an affordable and flexible housing option that meets the needs of older adults and young families alike. • have a space for guests (82%) • create a place for a caregiver to stay (74%) • increase the value of their home (69%) • feel safer by having someone living nearby (67%) • earn extra income from renting to a tenant (63%) Since ADUs make use of the existing infrastructure and housing stock, they're also environmentally friendly and respectful of a neighborhood's pace and style. An increasing number of towns, cities, counties and entire states have been adapting their zoning or housing laws to make it easier for homeowners to create ADUs. ■ DETACHED ATTACHED INTERIOR (UPPER LEVEL) ABOVE GARAGEGARAGE CO_JL_ 6 NVERSION A Accessory dwelling units (or ADUs) come in many shapes and styles. The ABCs of ADUs is a primer for elected officials, policymakers, local leaders, homeowners, consumers and others to learn what accessory dwelling units are and how and why they are built. The guide also suggests best practices for how towns, cities, counties and states can support the creation of ADUs as a way to expand and diversify housing options. The ABCs of ADUs I AARP 1 Page 14 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. What ADUs Are And What They Can Do ADUs are a family -friendly, community -creating type of housing the nation needs more of Although many people have never heard the term, accessory dwelling units have been around for centuries (see page 6) and are identified by many different names. To be clear about what's being discussed: • An ADU is a small residence that shares a single-family lot with a larger, primary dwelling • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and sleeping area • An ADU can be located within, attached to or detached from the main residence • An ADU can be converted from an existing structure (such as a garage) or built anew • ADUs are found in cities, in suburbs and in rural areas, yet are often invisible from view because they're positioned behind or are tucked within a larger home • Because ADUs are built on single-family lots as a secondary dwelling, they typically cannot be partitioned off to be sold separately • An ADU can enable family members (including family caregivers) to reside on the same property while having their own living spaces • An ADU can provide housing for a hired caregiver • An ADU can provide rental income to homeowners • ADUs are a practical option for tenants seeking small, affordably priced rental housing • For homeowners looking to downsize, an ADU can be a more appealing option than moving into an apartment or, if they're older, an age -restricted community • ADUs can help older residents remain independent and "age in place" • As an adaptable form of housing, ADUs provide flexible solutions for changing needs. ■ 1. Accessory dwelling units show up in neighborhoods throughout the country — and even in pop culture. One example: In the sitcom Happy Days, Fonzie (right) rents an above -garage ADU from the Cunningham family in 1950s -era Milwaukee, Wisconsin. ADUs Are Also Known As ... • accessory apartment Although most local governments, zoning codes and planners in the United • backyard bungalow States use the term accessory dwelling unit or ADU, these small homes and • basement apartment apartments are known by dozens of other names. The different terms conjure • casita up different images. (Who • carriage house wouldn't rather live in a • coach house "carriage house" than in an • English basement accessory or "ancillary" unit?) . garage apartment o Even if you've never heard • granny flat ~7 of accessory dwelling units • guest cottage �j or ADUs, you have likelyo 1-r heard of and perhaps a , • guest house j know the locations of — • in-law suite some of the home types • Janeway house noted in the list at right. ■ • multi -generational house m Renting out this 350 -square -foot garage -conversion ADU in Portland, Oregon, helps the • un ob unit property owner, who lives in the lot's primary residence, pay her home mortgage. • secondary dwelling unit 2 AARP I The ABCs of ADUs Page 15 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... ADUs Come in Many Shapes and Styles Since ADUs are custom designed and created, they're able to fit discreetly into all sorts of locations, including suburban subdivisions, walkable towns, urban neighborhoods — and, of course, large lots and rural regions. AGENDA ITEM #2.a. A DETACHED ADU (aka DADU) is a stand-alone home on the same lot as a larger, primary dwelling. Examples include backyard bungalows and converted outbuildings. Location: Portland, Oregon Photo by David Todd A An ATTACHED ADU connects to an existing house, typically through the construction of an addition along the home's side or rear. Such units can have a separate or shared entrance. In this example, the owners built a connection between the house and what was a detached garage. The addition and the space above the garage contain the ADU, which has its own entrance (pictured at right). Location: Anne Arundel County, Maryland Photo by Melissa Stanton, AARP ► Access to an UPPER-LEVEL ADU can be provided through a stairway inside the main home or directly from an exterior staircase. This 500 -square -foot ADU is part of a 1,900 -square -foot primary dwelling. Location: Portland, Oregon Photo by Eli Spevak, Orange Splot LLC A A GARAGE ADU converts all or part of an attached or detached garage into a residence. Other options: adding an ADU above a garage or building a new unit for both people and cars. Location: Cape May, New Jersey Photo by Melissa Stanton, AARP A A LOWER -LEVEL ADU is typically created through the conversion of a home's existing basement (provided that height and safety conditions can be met) during construction of the house or (above and on page 7) as part of a foundation replacement and house lift. Location: Portland, Oregon I Photo by Chris Nascimento The ABCs of ADUs I AARP 3 Page 16 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. ADUs Ara Good fca* People and Places Communities that understand the benefits of ADUs allow homeowners to create them ADUs are an economical housing option ADUs can generate rental income to help homeowners cover mortgage payments or simply make ends meet. The income provided by an ADU tenant can be especially important for older people on fixed incomes. • Since the land on which an ADU is built already belongs to the homeowner, the expense to build a secondary residence is for the new structure only. • Many ADUs are created for family members or friends to reside in for free or at a discounted rate. In fact, when a loved one is in need of care or can't live alone, an ADU can be a viable alternative to a costly assisted -living facility. • Although market rate rents for ADUs tend to be slightly more than for similarly sized apartments, they often represent the only affordable rental choices in single-family neighborhoods, which typically contain few or no small or rental housing options at all. . The state of California and some municipalities are boosting ADUs by providing grants and other incentives as part of affordable housing and anti -displacement strategies to help lower-income households build ADUs or reside in them at reliable rents. 4 AARP I The ABCs of ADUs ADUs are community - compatible • ADUs offer a way to include smaller, relatively affordable homes in established neighborhoods with minimal visual impact and without adding to an area's sprawl. • ADUs provide a more dispersed and incremental way of adding homes to a community than other options, such as multistory apartment buildings. • ADUs are typically managed by homeowners who live on the premises. Such landlords are less likely to tolerate a destructive tenant. ADUs are good for the environment • ADUs require fewer resources to build and maintain than full-sized homes. • ADUs use significantly less energy for heating and cooling. (Of all the ADU types, internal ones tend to have the lowest building and operating costs.) ADUs are just the right size • Generally measuring between 600 and 1,000 square feet, ADUs work well for the one - and two-bedroom homes needed by today's smaller, childless households, which now account for nearly two- thirds of all households in the United States. ADUs are able to house people of all ages • ADUs offer young people entry-level housing choices. • ADUs enable families to expand beyond their primary home. • ADUs provide empty nesters and others with the option of moving into a smaller space while renting out their larger house or letting an adult child and his or her family reside in it. • An ADUs use can be adapted for different household types, income levels, employment situations and stages of life. ■ Big houses are being built, small houses are needed Do we really need more than three times as much living space per person as we did in 1950? Can we afford to buy or rent, heat, cool and care for such large homes? FACT. ADUs house more people per square foot of living area than single-family homes do. Page 17 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... HOME VISIT #1 Attached ADU Addition Santa Cruz, California Size: 500 square feet AGENDA ITEM #2.a. The area with the darker roof shingles is the ADU that was added onto the home of Carrie and Sterling Whitley. V The Whitleys' ADU (that's Carrie showing off the front yard's new paths and plantings) has its own entrance on the side of the home and is being rented to the couple's daughter so she can help her elderly parents when needed. When Carrie and Sterling Whitley bought their house in 1971, they paid less than $15,000. Nearly 50 years later, similar homes on their street have sold for more than $1 million. THE PROBLEM: The Whitleys, who are in their 80s, own the house outright and don't want to move. But the financial and physical demands involved in maintaining the house are a challenge. A SOLUTION: To help low-income homeowners age 62 or older live independently and keep their homes, the Monterey Bay affiliate of Habitat for Humanity and the City of Santa Cruz launched My House My Home: A Partnership for Aging -in -Place. The pilot program builds accessory dwelling units so older homeowners can downsize into a new, aging -friendlier home and earn rental income from their original house. Or such homeowners can remain in their house and rent out the new, smaller residence. Participating homeowners are required to charge an affordable rental rate. REALITY CHECK: When the Whitleys' project broke ground in April 2017, they were the first homeowners to receive an ADU through the program, which worked with them to design the ADU as an addition to their existing home. Since the dwelling was built with accessibility features, Carrie and Sterling know they can downsize into it if they ever need to. Until then, their daughter, Brenda, resides in the addition. REAL LIFE: "I'm right next door to my parents in case they need me or need any help," Brenda says. Design: Historic Sheds I Builder. Historic Sheds I Cost to build. $758,000 in 2077 (not including volunteer labor) I Photos by Michael Daniel I Article adapted from Where We Live: Communities for All Ages (AARP 2018) The ABCs of ADUs I AARP 5 Page 18 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. ADUs Are an American Tradition While today's interest in ADUs may be new, the housing type is centuries old Early settlers often built a small home to live in while constructing their larger, primary house nearby. When farming was a source of survival for most of the nation's households, families routinely constructed additional homes on their land when needed. People with wealth and acreage regularly populated their lands with secondary mansions and ancillary buildings independent of the main estate house. In fact, until the 20th century, people who owned land built as many homes as they wished, often for extended family or workers. There were few or no zoning rules, municipal services or infrastructure needs (utilities, roads, schools, trash collection, first -responders) to consider. A historic precedent for the modern day accessory dwelling unit is the "carriage house," or "coach house." Originally built for horse-drawn carriages, the structures associated with grander homes were frequently large enough to double as living quarters for workers such as stable hands. Decades later, in response to housing shortages and economic needs, many surviving carriage houses were V This carriage house containing a one -bedroom, one -bath ADU above a two -car garage sits behind a six -level, Gilded Age, Hoboken, New Jersey, townhome that was built in 1883. The dual residence property was on the market in 2018 for $5 million. converted into rental homes. By becoming landlords, the owners gained income from their often unused outbuildings. Automobile garages have a similar history. Some were originally built with a housing unit upstairs. Over time, many garages were converted (often illegally or under zoning codes no longer applicable today) into small homes when the spaces became more valuable for housing people than vehicles. With the rise of suburban single-family home developments following World War II, ADUs practically ceased to be built legally in the United States. Then as now, residential zoning codes typically allowed only one home per lot, regardless of the acreage and with no exceptions. Attached and detached garages occupied yard space that might otherwise have been available for ADUs. Some cities, including Chicago, grandfathered in pre-existing "coach house" ADUs — but only if they remained consistently occupied. In Houston's historic and trendy Heights neighborhood, old and new garage apartments are common and desired. Many communities don't allow new ADUs, even if they did in the past. Even in rural areas with ample land, property owners are often prohibited from creating secondary dwellings or continuing to live in preexisting ones. Countless units in single-family homes or yards are technically illegal simply because they date from when such units were not allowed. ADUs began making a comeback in the 1980s as cities explored ways to support smaller and more affordable housing options within single -dwelling neighborhoods. In 2000, in response to a growing demand for ADU- supportive guidelines, AARP and the American Planning Association partnered to release a model state act and local code for ADUs. An updated resource was published by AARP in 2021. (See an image of it on the inside front cover of this guide.) Many state and local governments are legalizing and encouraging the creation of ADUs (see page 8), driven by high housing costs and, in some cases, the belief that homeowners with suitable space shouldn't be so restricted in the use of their property. ■ Page 19 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. HOME VISIT #2 "1 see our ADU as something very similar to a student loan," says Garage Apartment ADU Mara Owen. "It's something you invest in the future with. It was cheaper than buying a house for Mom, and it lets her have Denver, Colorado Size: 360 square feet independence. It's great knowing we can check in on her whenever." A The apartment above the garage can be reached from inside the garage or from an exterior side entrance accessed from the yard it shares with the primary residence. HOME VISIT #3 Basement ADU Portland, Oregon Size: 796 square feet The transformation of this colorful Victorian was both a preservation and expansion project. TEACHING MOMENT: "Here's a very welcome breath of fresh air, especially in the face of so much gentrification that is going on in Portland!" declared Mark A By lifting the house and digging beneath it, designers, engineers and Lakeman, principal of Communitecture, an builders turned a two-story, single-family home into a three-story, ng an hittural, plannid design firm, multifamily residence. (The ADU's entrance is pictured on page 3.) arcec about the pictured remodel. Writing on his company's website, he says the project provides a lesson in how to "adapt and reuse our precious historic houses so they can accommodate more people while also providing more income to support the existing home" AH -HA MOMENT: Owen, her partner, Andrew, and their three dogs were sharing a one -bedroom, one -bath house with her mother, Diane. When Owen learned that ADUs were allowed in the city, she decided the best way to get more space for her small home's many residents would be to remove their "leaky and defunct" garage and build a new two -car garage with an apartment above it. WISE ADVICE: "Get a really great builder and architect," says Owen. "Interviewing architects was similar to a first date. It's not just who you feel connected with. That's important, but get to the values. It's a niche market, so see if you can find someone who has built ADUs before, because ADUs are a little different" FUTURE PLANS: The stairs to Diane's apartment are wide enough for a stair lift, if it's ever needed. The roof was built at the correct slope for the eventual installation of solar panels. Design: Hive Architecture I Builder: Hive Architecture I Cost to build: $167,000 in 20161 Photo by Mara Owen I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwel li ngs.org. Visit the website to read about and see photographs of more ADU projects. HOW'D THEY DO IT? To add a basement rental unit, engineers lifted the house. The resulting ADU is roughly four feet underground and four feet above. THE ACHIEVEMENT. Adds Lakeman: "Unlike the seemingly pervasive method of simply tearing down existing buildings so that new, giant ones can be built, this approach achieves upgrades in energy efficient living places and adds density while retaining the continuity of our beloved historical urban environment." Design: Communitecture I Home Lift: Emmert International Builder: Tom Champion I Cost to build. $125,000 in 20151 Photos by Communitecture (before) and Chris Nascimento (after) The ABCs of ADUs I AARP 7 Page 20 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. The Time Is Now Rules for ADUs continue to evolve and frequently differ from one town to the next Some communities allow almost any home to be set up with an ADU — so long as size limits, property line setbacks and placement caveats in relation to the primary dwelling are met. Others start with those basic standards and then layer on extra requirements that can make it challenging to create an ADU. (Learn more on pages 14 and 15.) Municipalities nationwide have been relaxing their restrictions against ADUs, and several states now require communities to allow them. Some examples: • New Hampshire and Vermont allow ADUs nearly everywhere single-family housing is permitted. New Hampshire's 2017 legislation stemmed in large part from the frustration of builders who couldn't construct the backyard cottages and garage apartments their clients desired. In 2020, the California legislature declared that "allowing accessory dwelling units in zones that allow single-family and multifamily uses provides additional rental housing, and is an essential component in addressing California's housing needs." The state allows up to one ADU and one JADU per lot. (What's a JADU? See page 14.) • Oregon requires cities and counties of certain sizes to allow ADUs in all single-family areas within urban growth boundaries. In 2021, the state extended ADU rights to rural residential areas. Other states allowing ADUs include Connecticut, Rhode Island and Utah. Many cities now allow ADUs, including Anchorage, Alaska; Atlanta, Georgia; Annapolis, Maryland; Asheville, North Carolina; Austin, Texas; Denver, Colorado; Honolulu, Hawaii; Houston, Texas; Louisville, Kentucky; Philadelphia, Pennsylvania; Phoenix and Tucson, Arizona; Seattle, Washington; and Washington, D.C.■ 01 Located on the lowest floor of a town house, an English basement is a partially belowground apartment that has its own exterior entrance. They are typically found in older cities such as New York or (pictured) Washington, D.C. In the past, property owners used the space as servant quarters. Today, these essentially built-in ADUs are often used as rental apartments. 8 AARP I The ABCs of ADUs To Encourage ADUs LOCAL OFFICIALS can ... • allow all ADU types (detached, attached, interior) • simplify the building permit process for ADUs • waive or reduce permit and impact fees • establish funding programs to help homeowners create ADUs • let garages be converted into ADUs without requiring replacement off-street parking • allow for the creation of a second ADU, subject to a combined size cap COMMUNITY PLANNERS can ... • adopt simple, flexible but nondiscretionary ADU rules about setbacks, square footage and design compatibility with the primary dwelling LENDERS can ... • work with homeowners to finance the construction of ADUs by using renovation loans ADVOCATES can ... • organize tours of completed ADUs in order to inform and inspire the community • educate homeowners, real estate agents, architects and builders about local zoning regulations and the permit process REAL ESTATE AGENTS can ... • educate themselves and their clients about rules for the construction of ADUs LOCAL MEDIA can ... • report on how and why homeowners build ADUs Page 21 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... x O 0 0 D 0 n D AH -HA MOMENT. According to Joan Grimm, who owns the home with Rita Haberman: "What we were looking for in terms of a community and aging in place was right under our noses. Remove a fence and create a shared open space. Build a wall and create a second dwelling unit. It doesn't have to be complicated" REAL LIFE: "Creatively carving out an ADU from the main floor of our house saved on design and construction costs," Grimm adds. "It provides an opportunity for rental income, with no significant compromise to the livability of our home." HOME VISIT #5 Internal ADU (Lower Level) Portland, Oregon Size: 795 square feet AGENDA ITEM #2.a. A The steps and side entrance lead to the studio apartment ADU, which was crafted out of an existing space. The covered porch to the right leads to the primary residence. The ADU contains a kitchen, small dining and living area, sleeping area, bathroom and laundry area. (See two interior photos on pages 19 and 20.) Design: Rita Haberman I Builder: RS Wallace Construction Cost to build: $55,000 in 2015 (with some work done by the homeowners) Photos courtesy Billy Ulmer I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org "We were looking for a way to live in our house for the rest of our lives and to generate at least some income in the process," Robert Mercer and Jim Heuer wrote for the program guide of the annual Portland ADU Tour when their home was part of the lineup. "An ADU offers the possibility of caregiver lodging in the future or even a place for us to live while we rent out the main house if we get to the point where we can't handle the stairs any longer." THE SOUND OF SILENCE: Internal ADUs often require that soundproofing insulation be installed between the primary dwelling and the accessory unit that's below, above or beside it. In Portland, the building code for duplex residences requires a sound insulation rating of at least STCC45. To property owners thinking about a similar ADU setup, the duo advise: "Think about how you live in your home and how having downstairs neighbors will change what The door to the right of the garage leads to a ground -floor ADU with windows along the back and side walls. The upper-level windows are part of the main residence. you can and can't do with your space and what investment you are prepared to make in sound insulation." AN ADDED BONUS: "We are pleased that we have been able to provide more housing density on our property and still be in keeping with the historic character of our home" Design: DMSArchitects I Builder: Weitzer Company I Cost to build.• $261,000 in 2016 1 Photo by Melissa Stanton, AARP Article adapted from the 2017 ADU Tour project profiles on AccessoryDwellings.org The ABCs of ADUs I AARP 9 Page 22 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... �{=•`3 HOME VISIT #4 Internal ADU Level) .j (Main l Portland, Oregon Size: 220 square feet'i S Even small homes can have enough space for an - r ADU. An underused main floor bedroom in this 1.5 -story, 1,500 -square -foot bungalow was �1 transformed into a studio apartment. AH -HA MOMENT. According to Joan Grimm, who owns the home with Rita Haberman: "What we were looking for in terms of a community and aging in place was right under our noses. Remove a fence and create a shared open space. Build a wall and create a second dwelling unit. It doesn't have to be complicated" REAL LIFE: "Creatively carving out an ADU from the main floor of our house saved on design and construction costs," Grimm adds. "It provides an opportunity for rental income, with no significant compromise to the livability of our home." HOME VISIT #5 Internal ADU (Lower Level) Portland, Oregon Size: 795 square feet AGENDA ITEM #2.a. A The steps and side entrance lead to the studio apartment ADU, which was crafted out of an existing space. The covered porch to the right leads to the primary residence. The ADU contains a kitchen, small dining and living area, sleeping area, bathroom and laundry area. (See two interior photos on pages 19 and 20.) Design: Rita Haberman I Builder: RS Wallace Construction Cost to build: $55,000 in 2015 (with some work done by the homeowners) Photos courtesy Billy Ulmer I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org "We were looking for a way to live in our house for the rest of our lives and to generate at least some income in the process," Robert Mercer and Jim Heuer wrote for the program guide of the annual Portland ADU Tour when their home was part of the lineup. "An ADU offers the possibility of caregiver lodging in the future or even a place for us to live while we rent out the main house if we get to the point where we can't handle the stairs any longer." THE SOUND OF SILENCE: Internal ADUs often require that soundproofing insulation be installed between the primary dwelling and the accessory unit that's below, above or beside it. In Portland, the building code for duplex residences requires a sound insulation rating of at least STCC45. To property owners thinking about a similar ADU setup, the duo advise: "Think about how you live in your home and how having downstairs neighbors will change what The door to the right of the garage leads to a ground -floor ADU with windows along the back and side walls. The upper-level windows are part of the main residence. you can and can't do with your space and what investment you are prepared to make in sound insulation." AN ADDED BONUS: "We are pleased that we have been able to provide more housing density on our property and still be in keeping with the historic character of our home" Design: DMSArchitects I Builder: Weitzer Company I Cost to build.• $261,000 in 2016 1 Photo by Melissa Stanton, AARP Article adapted from the 2017 ADU Tour project profiles on AccessoryDwellings.org The ABCs of ADUs I AARP 9 Page 22 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. Bringing Back ADUs The reasons for creating or living in an ADU are as varied as the potential uses ADUs are flexible. Over time, a single ADU might be used in many ways as an owner's needs and life circumstances change. Following are just a few reasons why ADUs are created and by whom: EMPTY NESTERS can build an ADU and move into it, then rent out the main house for supplemental income or make it available to their adult children. FAMILIES WITH YOUNG CHILDREN can use an ADU as housing for a nanny or au pair or even a grandparent or two, who can then help raise their grandkids and be assisted themselves as they age. INDIVIDUALS IN NEED OF CARE can reside in an ADU to be near family members, or they can use the ADU to house a live-in aide. (In fact, ADUs can be an affordable and more comforting alternative to an assisted -living facility or nursing home.) HOME BUYERS can look forward to the rental income from an ADU to help pay their mortgage or finance home improvements, especially in expensive housing markets. HOME-BASED WORKERS can use an ADU as their office or workshop. HOMEOWNERS can use an ADU for guests or as housing for friends or loved ones who: • aren't yet financially independent, such as new high school or college graduates • need temporary housing due to an emergency or while renovating their own home • have disabilities but can live independently if family reside nearby ■ A The zoning code in Evanston, Illinois, permits accessory dwelling units, creating an opportunity for the owners of this 1911 home with an outbuilding in the backyard. 10 AARP I The ABCs of ADUs Page 23 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... HOME VISIT #6 Detached ADU (One -Story) Decatur, Georgia Size: 800 square feet When Walt Drake decided to downsize, his son Scott purchased his dad's house for himself and his family and built a detached ADU (or DADU) for Walt. "From not finding what we wanted for Dad, we decided to create it," says Scott. "Neighborhoods built in the 1920s have carriage houses. Building an ADU was a modern day version of something people have been doing on their property in this area for a hundred years." NEAR AND FAR: "We wanted the houses to be separate and to feel like we're each on our own property, but we're there for each other," says Scott. AGING -FRIENDLY: Building the ADU meant Walt didn't have to leave his home and neighborhood. "He was able to keep his own stuff and turn over what he didn't need to us," says Scott. "It kept my dad in place, which I think was important." FUTURE PLANS: Scott says the ADU is "serving its intended purpose" but that someday down the road it could be used as a long- or short-term rental. "The ADU could turn into lots of different things over the course of its lifetime." Design: Adam Wall, Kronberg Wall I Builder: Rob Morrell I Cost to build: $350,000 in 2014 1 Photo by Fredrik Brauer I Floor plan by Kronberg Wall Architects I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwel I i ngs.org AGENDA ITEM #2. a. �i A Walt Drake's southern -style, one -bedroom ADU has an outdoor, wraparound porch that can be accessed without using steps. The design is in keeping with other buildings in the neighborhood. The ABCs of ADUs I AARP 11 Page 24 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. ADUs Are Age -Friendly Housing New -construction ADUs can be created with "universal design" features An "age -friendly" home has a zero -step entrance and includes doorways, hallways and bathrooms that are accessible for people with mobility differences. Converted garages (such as the one pictured on page 2) are among the easiest and least expensive ADU solutions for aging in place since they're preexisting structures and generally have no -step entries. To learn more about making a home aging -friendly, download or order the AARP HomeFit Guide at AARP.org/HomeFit. HOME VISIT #7 Detached ADU (Two -Story) Seattle, Washington Size: 800 square feet Evelyn Brom's plan was to build a backyard cottage and rent it out. She would keep living in her two- bedroom home. AH -HA MOMENT: As the design developed, Brom realized that she wanted to live in the stunning wood -and -glass ADU. It was a good decision. A week before moving in, Brom was laid off from her job. REAL LIFE: The $3,000 a month Brom receives in rent for the main house (which is occupied by a three -generation family) provides a needed income. "Being laid off has made this arrangement a lifesaver," Brom says. If the stairs in the cottage ever become too hard to navigate, she can move back into her original one-story house and rent out the cottage instead. "Now I have options," she says. Design: Chrystine Kim, NEST Architecture & Design I Builder: Ian Jones, Treebird Construction I Photo by Alex Hayden Cost to build: $250,000 in 2014 1 Article adapted from Where We Live: Communities for All Ages (AARP 2018) 12 AARP I The ABCs of ADUs Page 25 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... A There's a powder room, open kitchen and living room on the first � floor, with a bedroom i and bathroom upstairs. 22STOr RggOOSFDADII �nF E%ISiING ' S Although Brom's SINGLE FAMILY I property is only 0.13 RESIDENU acres, it's large enough to accommodate two homes, a patio, a lawn €RiSTIHG j ,�6i„ and a garage. A slatted I wood fence with a gate divides the space between the two houses and provides privacy. Design: Chrystine Kim, NEST Architecture & Design I Builder: Ian Jones, Treebird Construction I Photo by Alex Hayden Cost to build: $250,000 in 2014 1 Article adapted from Where We Live: Communities for All Ages (AARP 2018) 12 AARP I The ABCs of ADUs Page 25 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... HOME VISIT #8 Detached Bedroom St. Petersburg, Florida Size: 240 square feet Bertha and her son John talked about someday buying a house with a mother-in-law suite. "Then one day someone came along and wanted my house, so I up and sold it," she explains. "But that left me homeless. I asked John if I could build a small house in his backyard and he agreed." CREATIVE THINKING: A detached bedroom is a permanent, accessory structure that, unlike ADUs, lacks a kitchen. But that's what makes these cabin -like homes more affordable to build than many ADUs and even tiny houses. WHAT'S INSIDE: Bertha's home contains a sleeping and living area and a full bathroom. "I paid for the little house and it's on my son's property. So I figured, if I'm cooking I can do it at my son's house," she says. (Her laundry is also done at his house.) �LJLJ �'Qoru AGENDA ITEM #2.a. r A A detached bedroom, which contains a bathroom but no kitchen, can provide housing for a loved one or serve as a home office or guest cottage. REAL LIFE: "Having access to my son's house makes it livable. Otherwise, I personally would not be happy. It's very comforting to know that John is close by. Hopefully this will be my home forever." Design: Historic Sheds I Builder: Historic Sheds I Cost to Build: $50,000 in 2077 1 Photo by Historic Sheds I Article adapted from 'ADU Case Studies" by Lina Menard on AccessoryDwellings.org Page 26 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. Practical Solutions for ADUs Local laws can both allow and appropriately control the creation of accessory dwellings There are more than 19,000 cities, 16,000 towns and 3,000 counties in the United States. ADU regulations are typically adopted at the local level, although several state legislatures have required cities to allow them. Where it's legal to build ADUs, homeowners still need to follow rules about where it can be done, how many square feet they can contain, how they can be used. These rules can be found in the local zoning code. There is a balance to strike between prudent ADU laws and encouraging their construction. For instance, after Portland, Oregon, relaxed its ADU rules in 2010 and waived impact fees (a savings of up to $12,000), the number of ADUs built rose from about 30 per year between 2000 and 2009 to nearly one a day in 2015. Changes in California's ADU rules saw Los Angeles go from 80 applications in 2016 to nearly 2,000 in 2017. Allowing Sonoma County homeowners to add both an ADU and a JADU (see the green box below) were among the policies adopted in the wake of the area's many devastating fires. Rules that discourage ADUs • ADU-specific regulations that don't also apply to primary dwellings (e.g., owner -occupancy requirements) • complex design compatibility criteria and approval steps • off-street parking requirements beyond those required for the primary dwelling • restrictions that limit ADUs to certain areas, particular zoning categories or to large lots • caps on square footage relative to the primary house that make it easy to add an ADU to a large home but hard or impossible to add one to a small home Well-intentioned but burdensome rules can stymie the creation of ADUs. ADU-related zoning codes should be restrictive enough to prevent undesirable development but flexible enough that ADUs get built. When a community is worried about a potentially undesirable outcome, it can — and many do — craft regulations to prevent particular building types, locations or uses. A city concerned about the environmental impact of new structures might prohibit placing detached ADUs in precarious locations, such as on steeply sloping lots. Communities wary of ADUs becoming, for instance, off -campus student housing can establish occupancy rules. Every community has its own priorities and concerns, and there's a wide enough range of regulatory controls that communities can write appropriate ADU rules. This inherent flexibility in the form and function of ADUs allows them to pass political muster and get adopted in a wide range of places. (See page 16 for more about uses and rules.) ■ Are ADUs allowed? Find out by calling your town, city or county office in charge of land use and permits — or stop by in person. You can also search for and read the zoning code through the local government's website. • If ADUs are allowed, ask what conditions, permit needs and impact fees apply. • If ADUs are not allowed and you want them to be, ask an elected official or your community's department of zoning and planning how the codes can be updated. • Then get organized and start advocating! 14 AARP I The ABCs of ADUs Page 27 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. Creating (or Understanding) an ADU Zoning Code The ADU section of a community's zoning code needn't be overly complicated. It just needs to establish clear, objective and fair rules for the following: 1. A Definition: A good zoning code clearly defines its terminology. Here, for example, is a useful outline for what, in the real world, is a very fluid term: "An ADU is a smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heat, cooking and sanitation" 2. The Purpose: This is where the code describes key reasons a community allows ADUs. They should: • increase the number of housing units while respecting the style and scale of the residential neighborhood • bolster the efficient use of existing housing stock and infrastructure • provide housing that's affordable and responds to the needs of smaller, changing households • serve as accessible housing for older adults and people with disabilities 3. Eligibility: Who can build an ADU and on what type of lot? A statement in this part of the code clarifies that an ADU can be placed only on a "residentially zoned lot" (Some communities provide lot size standards.) 4. Creation: The code sets out how an ADU can be built. For instance: "An ADU may be created through new construction, the conversion of an existing structure, as an addition to an existing structure or as a conversion of a qualifying existing house during the construction of a new primary dwelling on the site" S. Quantity: Most municipalities that permit ADUs allow one per lot. Those allowing two typically permit one internal and one external. Some allow duplexes or townhomes to have an ADU, either in the backyard or on the ground floor. 6. Occupancy and Use: A code should state that the use -and -safety standards for ADUs match those used for the main dwelling on the property. (See page 17 for more.) Visit AARP.org/ADU to download Accessory Dwelling Units: Model State Act and Local Ordinance, a free publication that can be used by state and local officials to develop ADU policies. 7. Design Standards: • Size and height: A zoning code might specify exactly how large and tall an ADU is allowed to be. For instance: "An ADU may not exceed 1,000 square feet or the size of the primary dwelling, whichever is smaller." Codes often limit detached ADUs to 1.5 or 2 stories in height. An example of that language: "The maximum height allowed for a detached ADU is the lesser of 25 feet at the peak of the roof or the height of the primary dwelling." • Parking: Most zoning codes address the amount and placement of parking. Some don't require additional parking for ADUs, some do, and others find a middle ground — e.g., allowing tandem parking in the driveway and/or on -street parking. (See page 16 for more about parking.) • Appearance: Standards can specify how an ADU's roof shape, siding type and other features need to match the primary dwelling or neighborhood norms. Some codes exempt one-story and internal ADUs from such requirements. (See page 16 for more.) 8. Additional Design Standards for Detached ADUs: • Building setbacks: Many communities require detached ADUs to either be located behind the primary dwelling or far enough from the street to be discreet. (A code might exempt preexisting detached units that don't meet that standard.) Although such a rule can work well for neighborhoods of large properties with large rear yards, communities with smaller lot sizes may need to employ a more flexible setback -and -placement standard. • Building coverage: A code will likely cap the combined lot coverage of a detached ADU and the primary dwelling to a specific percentage. • Yard setbacks: Most communities have rules about minimum distances to property lines and between buildings on the same lot. ADUs are typically required to follow the same rules. ■ The ABCs of ADUs I AARP 15 Page 28 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. ADU "Hot Topics" As communities allow ADUs or update existing zoning codes and rules to be more ADU-friendly, they inevitably wrestle with some or all of the following issues: Adding ADUs to neighborhoods Recognizing that ADUs may represent a new housing type for existing neighborhoods, communities often write special rules to ensure they'll fit in well. These guidelines typically address visual compatibility with the primary dwelling, appearance from the street (if the ADU can be seen) and privacy for neighbors. Rules that help achieve these goals include: • height and size caps mandating that ADUs be shorter and smaller than the primary dwelling • requirements that detached ADUs be behind the main house or a minimum distance from the street • mandates that the design and location of detached ADUs be managed the same way as other detached structures (e.g., garages) on the lot • design standards for larger or two-story ADUs so they architecturally match the primary dwelling or reflect and complement neighborhood aesthetics • encouragement for the creation of internal ADUs, which are often unnoticeable from the street Each community can strike its own unique balance between strict rules to ensure that ADUs have a minimal impact on neighborhoods and more flexible rules that make them easier to build. Providence, Rhode Island, has many homes that were built as or long -ago converted into multidwelling units. (Notice the two front doors.) A homeowner can live in one apartment while renting out the other. 16 AARP I The ABCs of ADUs Providing places to park ADU regulations often include off -street -parking minimums on top of what's already required for the primary dwelling. Such rules can prevent homeowners from building ADUs if there's insufficient space for added parking. However, the extra parking often isn't needed. Studies of Portland, Oregon, and the San Francisco Bay area found that ADU households own an average of 0.9 cars. That's half the national average of 1.8 cars per household. With just over 2 percent of Portland homes having an ADU (the highest percentage of any large city in the country), there's roughly one extra car parked on the street every six blocks. This suggests that, even in booming ADU cities, any impact on street parking from ADUs is likely to be very small and dispersed. More -realistic parking rules might: • require the creation of new parking only if the ADU displaces the primary dwelling's existing parking • waive off -street -parking requirements at locations within walking distance of transit • allow parking requirements for the house and ADU to be met by using a combination of off-street parking, curb parking and tandem (one car in front of the other) parking in a driveway Dealing with unpermitted ADUs It's not uncommon for homeowners to convert a portion of their residence into an ADU in violation (knowingly or not) of zoning laws or without permits. Such illegal ADUs are common in cities with tight housing markets and a history of ADU bans. One example is New York City, which gained 114,000 apartments between 1990 and 2000 that aren't reflected in certificates of occupancy or by safety inspections. Sadly, in 2021, several city residents living in unsafe basement apartments drowned in their homes due to flooding caused by Hurricane Ida. Some cities have found that legalizing ADUs, simplifying ADU rules and/or waiving fees can be effective at getting the owners of illegal housing units to "go legit" — and address safety problems in the process. ■ Page 29 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... 0 0 D 0 D AGENDA ITEM #2.a. Allowing and Restricting Uses Communities get to decide whether to let ADUs be used just like any other housing type or to create special rules for them. Some municipalities prefer the simple approach: regulating ADUs like other homes. So if a home-based child-care service is allowed to operate in the primary dwelling, it is also allowed in an ADU. Conversely, communities sometimes adopt ADU-specific regulations in order to avoid undesirable impacts on neighbors. Examples of those regulations include: Limiting short-term rentals ADUs tend to work well as short- term rentals. They're small and the owner usually lives on-site, making it convenient to serve as host. However, if ADUs primarily serve as short-term rentals, such as for Airbnb and similar services, it undermines the objective of adding small homes to the local housing supply and creating housing that's affordable. In popular markets, short-term rentals can be more profitable than long-term ones, allowing homeowners to recoup their ADU expenses more quickly. In addition, short-term rentals can provide owners with enough income that they can afford to occasionally use the ADU for friends and family. A survey of ADU owners in three Pacific Northwest cities with mature ADU and short-term rental markets found that 60 percent of ADUs are used for long-term housing as compared with 12 percent for short-term rentals. Respondents shared that they "greatly value the ability to use an ADU flexibly." For instance, an ADU can be rented nightly to tourists, then someday rented to a long-term tenant, then used to house an aging parent. ADUs intended primarily for visting family are sometimes used as short-term rentals between visits. Cities concerned about short-term rentals can regulate them across all housing types. Doing so might mean that special rules are not needed. An approach employed in Portland, Oregon, is to treat ADUs the same as other residences except that any financial incentives (such as fee waivers) to create them are available only if the property owner agrees not to use the ADU as a short-term rental for at least 10 years. Requiring owner occupancy Some jurisdictions require the property owner to live on-site, either in the primary house or its ADU. This is a common way of addressing concerns that absentee landlords and their tenants will allow homes and ADUs to fall into disrepair and negatively impact the neighborhood. Owner -occupancy rules are usually implemented through a deed restriction and/or by requiring that an annual statement confirming residency be filed. Some cities go further, saying ADUs can be occupied only by family members, child- or adult -care providers, or other employees in service of the family. Owner -occupancy requirements make the financing of ADUs more difficult, just as they would if applied to single-family homes. But as ADUs have become more common, owner -occupancy restrictions have become less so, which is good. Such requirements limit the appraised value of properties with ADUs and reduce options for lenders should they need to foreclose. Enforcing owner -occupancy laws can be tricky, and the rules have been challenged in courts, sometimes successfully. However, according to a study by the Oregon Department of Environmental Quality, more than two-thirds of properties with ADUs are owner - occupied even without an owner - occupancy mandate. ■ The zoning code of Brevard, North Carolina, a city of fewer than 10,000 residents, allows ADUs, which are referred to as "secondary dwelling units" and are allowed "within residentially -zoned, single-family and duplex lots." The code states that such homes "shall be encouraged and designed to meet housing needs," adding that "[s]econdary dwelling units shall be accessory and subordinate to the primary living quarters." In the image at left, the one-story cottage is the primary dwelling. The apartment above the detached garage is the secondary dwelling. The ABCs of ADUs I AARP 17 Page 30 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. Inside Spaces ADUs vary from studio apartment -like spaces to multi -bedroom, multi -story structures. Regardless of size, the result is a needed residence A top floor ADU can be a suitable rental for a student or someone who travels a lot for work. ADU expert Kol Peterson grew up in a home with an attic ADU that was usually rented to law school students. "They had to walk up the primary house's interior stairs in order to access the affordable attic unit," he writes in Backdoor Revolution: The Definitive Guide to ADU Development. "Over the years that each of them lived there, the tenants became part of our family." rpt The alcoves in the ADU area above a garage provide a This studio apartment internal ADU uses a wardrobe light -filled work space in one, and a reading nook in the cabinet to separate the bedroom from the living area other. (See the attached ADU's exterior on page 3.) and kitchen (seen on page 19). 18 AARP i The ABCs of ADUs Page 31 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. A As an independent living space, an ADU has its own bathroom and kitchen. Depending on the available square footage — and sometimes on the local zoning code or the property's plumbing and utility connections — an ADU might have a full kitchen with full-sized appliances and a dining area (top) or a smaller but functional kitchenette. This interior is from the detached ADU pictured below right and on the back cover. Fun fact: A coat closet and extra kitchen shelving are built into the base of the circular staircase. In a small home, every bit of space counts! v� V L A The kitchen of this internal ADU (also seen at the top of page 9 and in the bedroom image at left) has a full-sized range but a mini -refrigerator. Some ADU owners install a one- or two -burner electric cooktop and a convection microwave in lieu of an oven. A The second story of this detached ADU is accessed by the spiral staircase shown in the image at top. The space features a bedroom and a sitting area that could be used as a nursery, office or den. A full-sized, stacked washer -dryer is hidden behind a closet door. The ABCs of ADUs i AARP 19 Page 32 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. Page 33 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... Just One More While not technically ADUs, tiny houses can serve a similar purpose Because tiny houses are typically built on a trailer with wheels rather than a fixed foundation, they are usually treated by zoning as recreational vehicles (RVs) or manufactured (aka mobile) homes. In Portland, Oregon, and a growing number of smaller cities, tiny �� a houses can be legally occupied on any residentially -zoned lot. Since { they're small —typically under 400 square feet —tiny houses can fit in a space too small for an ADU. Many include a kitchen and bathroom. Some function more like a detached bedroom. A unique plus: Unlike ADUs, tiny houses can move to a new location as needed. 3a t A "The Lucky Penny" tiny �g *. }-` t y f_ • ' ti house measures 8 feet wide by 14 feet, 6 inches long and provides .. _ _ x _1, 100 square feet of living space. The home, is located in which the backyard of a single-family �.. �.-- - residence, features a pullout bed, a kitchenette, a shower, built-in storage, and three large windows re, plus a skylight to provide lots of nature light. l • ; 5,,; , /V ADUs are sometimes used as short-term rental units for travelers. The "Kangablue," is one r of several units at Caravan, the "world's first tiny house hotel." At 170 square feet, the home is the largest tiny house on the lot, located in the Cully neighborhood of Portland, Oregon. The tiny J space includes a kitchen, living WFT area, bathroom (with a shower - and toilet) and a sleep loft. Top: Design and Builder: Lina Menard, Niche Consulting I Photos by Guillaume Dutilh, Photoxplorer Bottom: Design and Builder: Benn Kovco I Photos by Jeff Freeman Photography 1� 20 AARP i The ABCs of ADUs Page 33 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages WRITTEN AND EDITED BY: Eli Spevak, Orange Splot LLC I Melissa Stanton, AARP Livable Communities ART DIRECTOR: Mlml Park, Design Park, Inc. COPY EDITOR: Don Armstrong I ART PRODUCTION: Steve Walkowiak PROJECT ADVISERS AND REVIEWERS: Danielle Arigoni, Director, Livable Communities, AARP Government Affairs Karen Chapple, Professor, University of California, Berkeley Lina Menard, Founder, Niche Consulting Heather Peters, Senior Housing and Community Development Policy Analyst, San Mateo County, California Kol Peterson, Cofounder, AccessoryDwellings.org I Owner, Accessory Dwelling Strategies LLC, Portland, Oregon Denise Pinkston, Partner, TMG Partners Harriet Tregoning, (Past) Principal Deputy Assistant Secretary, U.S. Housing and Urban Development Jake Wegmann, Assistant Professor, University of Texas at Austin COVER IMAGE CREDITS (clockwise from top left) Front: Alex Hayden I Communitecture: Architecture, Planning, Design I AccessoryDwellings.org I Melissa Stanton, AARP I AccessoryDwellings.org Back: Kol Peterson, BuildingAnADU.com I Eli Spevak, Orange Splot LLC I Schuyler Smith, Polyphon Architecture & Design, LLC A NOTE TO READERS: Many of the photographs and project examples in this publication are from Portland, Oregon, which was one of the first municipalities in the nation to allow and encourage the creation of accessory dwelling units. To learn more about ADUs — and to order or download this guide — visit AARP.org/Livabie. Other useful resources include: • AccessoryDwellings.org • BuildingAnADU.com • Planning.org (the website of the American Planning Association) • And the websites of the states, cities and towns mentioned in this guide as allowing and encouraging the creation of accessory dwelling units. Page 34 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. ABOVE -GARAGE ADU DETACHED -BEDROOM ADU .7:111/_N1:1:1.7_1Dili An accessory dwelling unit is a small residence that shares a single-family lot with a larger primary dwelling. • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and living/sleeping area. (Garage apartments and backyard cottages are each a type of ADU.) • ADUs can enable homeowners to provide needed housing for their parents, adult children, grandchildren or other loved ones. • An ADU can provide older adults a way to downsize on their own property while a tenant or family member resides in the larger house. • Since homeowners can legally rent out an ADU house or apartment, ADUs are an often -essential income source. • ADUs help to improve housing affordability and diversify a community's housing stock without changing the physical character of a neighborhood. or Learn more about ADUs and order or download P L ting Sign weekly 11 AARP Livable Communities Be among to learn when AARP releases more livability guides and resources. • ADUs are a beneficial — and needed — housing option ° for people of all ages. Dzo473 Page 35 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AKDUYS AND DON'TS � A Practical Approach to Bringing Additional Dwelling Units to Alaska Communities AGENDA ITEM #2.a. ® ALASKA .• MUNICIPAL •• LEAGUE This publication was authored by Abigail Barton, a member of the Alaska Fellows Program, and Alicia Hughes-Skandijs. It was made possible through generous support provided by the AARP Community Challenge Grant. The AARP Community Challenge Grant is part of a nationwide livable communities initiative to help communities become great places to live for residents of all ages. Page 37 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. AKDU'S AND DON'TS 1.0 Introduction 1.1 OvarvialAr of Hnucinn rri5ic in Mack Alaska communities face an extreme shortage of affordable, decent housing. Almost eighty thousand Alaska households are considered cost burdened, meaning that they pay more than a third of their income toward their housing costs. Of Alaska's renter population 37% are cost burdened, with 18% severely cost burdened, meaning they pay more than half of their income towards housing. The statewide rate of overcrowding is twice the national average, with some regions experiencing rates twelve times greater. Rural communities where the population majority is Alaska Native are hit the hardest. In some areas, as many as half of all households live in homes that are too small for the number of occupants. Excessively high construction costs and limited senior housing result in households taking in family and community members who would otherwise be homeless. In 2018, the Alaska Housing Finance Corporation estimated that new construction would have to increase 11 % each year to meet projected population growth by 2025. At that time, they found that to achieve that goal, the annual construction output would have to increase ninety percent over the previous five-year average. Since that time, the number of new units built in Alaska dropped precipitously during the pandemic and has yet to return to 2019 levels. Page 38 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... 2 1 AKDU'S AND DON'TS 1.2 Overview of Senior Demographics .- Al--I,- The population of Alaska is rapidly aging. Currently, Alaskans aged 60 and older make up about one in five residents statewide. Aging individuals are most concen- trated in Southeast Alaska, where the rate is one in four. The population of people 65 and older is expected to double by 2030. In the previous decade, the population of Alaskans aged 70 and older increased 97 percent. Data collection conducted in Anchorage, Fairbanks, Juneau, Kenai Peninsula, and Copper Center through the Alaska Senior Needs Assessment found that all regions reported a shortage of affordable independent senior housing. A survey of over 2,000 senior citizens across these communities found that accessible and affordable housing was the third most pressing issue in their lives, closely behind financial security and healthcare. Population Age 65+, Alaska, 1980 to 2050 180:000 160:006 140.000 120.000 100:000 ao:o00 60.000 40.000 20:000 I --- Middle Scenario — Historical AGENDA ITEM #2.a. 1980 1990 2004 2014 2024 2034 2046 2056 Source: Alaska Department ofLobor and Workforce Development Research and Analysis Section 1.3 Accessnry Dwellinq Units! A Creative Solution The pressing issue of affordable, accessible housing in Alaska requires immediate attention. Accessory Dwelling Units, or"ADUs;'can provide a cost-effective means for quickly increasing the affordable housing stock. Also known as"granny flats;"'mother-in-law apartments;' and backyard cottages, ADUs are small residences that are attached to an existing single-family home or built as a free-standing unit on the same lot as an existing home. Though usually no larger than one or two bedrooms and typically much smaller than the primary residence, ADUs are entirely independent dwellings, equipped with their own kitchens, bathrooms, and other amenities necessary for full-time occupancy. ADUs allow communities to take advantage of existing infrastructure and add affordable homes in existing neighborhoods. IN IN ■ ■ Irm M . ■ . ■ DETArxHE❑ ATTACHED INTERIOR (UPPER LEVEL IN ■ ■ OEM OEM ON EM INTERIOR (LOWER LEVEL) ABOVEGARAGE GARAGE CONVERSION Source: AARP's 'Accessory Dwelling Unit Model State Act and Local Ordinance." Page 39 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... ADUs certainly do not replace the large-scale invest- ment and development necessary to meaningfully alleviate the affordable housing crisis in Alaska, but in addition to contributing to that effort, ADUs have the ability to provide unique benefits to communities. As Alaska's population rapidly ages, adult children of aging parents and older homeowners face limited affordable, close, and independent living options. Adding an ADU to the property of a family member or to that of an older homeowner can allow aging individ- uals to maintain their independence and remain within their community. An ADU can act as caregiver housing or allow an elderly person to move closer to family. For aging homeowners concerned primarily with financial security, ADUs can be used to generate income to cover property taxes and maintenance during retirement. Though a meaningful intervention for senior Alaskans looking to avoid residential facilities, ADUs built for this reason can also go on to serve multiple purposes. ADUs built specifically for senior occupancy can be accessi- bly constructed to specifically meet new age-related mobility needs. While affordable housing is scarce, affordable housing that is also accessible is almost nonexistent in many communities. ADUs can make a dramatic impact on the accessibility of a region's affordable rental stock, dramatically increasing the inclusivity of a community. Additionally, an investment in an ADU for an aging relative can later be used to house young adult family members. By facilitating multi -generational living, ADUs can help keep families and communities together. Where commercial developers may have a wide range of financial and logistical considerations when deciding whether or not to go forward with a new development, the potential gains to a private home- owner in a community may increase the likelihood of adding a new housing unit. For that reason alone it is worth considering from the municipal perspective whether this could be a tool to add to your bucket in efforts to increase housing. AGENDA ITEM #2.a. AKDU'S AND DON'TS Former Alaska State Representative Alyce Hanley standing before the basement apartment she added to her Home, allowing her to live with her children while retaining her own living space. Source: KTOO-Anchorage DailyNews'Alosko cities, facing housing_ crunch, encourage backyard cottages and apartment additions" (2018). 31 -year-old Sitka resident Adrienne Wilber standing before her partially constructed ADU built on the corner of her parent's lot Source: KCAW'ADUs Could Make Sitka's Housing More Affordable. Advo- cates Want to Make them Easier to Build" (2021) Page 40 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. AKDU'S AND DON'TS 2.0 Snapshot of Alaska Communities with Existing ADU Ordinances Structure & Lot Parking Occupancy Permitting Process Aesthetics/ Additional Des Details/ City and Borough of Juneau Structure: Lots up to 125% + 1 If the homeown- Applicants building on lots that None. Accessory Dwelling Unit Grant Program: Created a of the required minimum: required er funds their exceed the minimum lot size re- max area 600 ftz. Lots larger ADU construction quirements for their zoning district dedicated grant program than 125%: can be up to with a grant from and are connected to city sewer providing up to $13,500 50% of the net floor area of Juneau's Accesso- services are subject to ministerial for ADU construction to 16 the primary dwelling but ry Dwelling Unit approval. Those not connected homeowners annually. cannot exceed 1000 ftz. Grant Program, to the sewer will need to include Lot: Lot must meet the they must record verification from the Dept. of minimum lot size require- a deed restriction Environmental. Conservation that ment for the zoning district. agreeing not to their wastewater disposal system use the ADU as a can handle the additional use from short-term rental the ADU. Conditional use permits for the first five are required for all ADUs built on a years. sub -standard sized lot. City and Borough of Sitka Structure: Max. 800 ftz Parking plan Long term rentals Two zones are eligible for"by Requires 22.20.160 Accessory dwell - ing units (ADUs). Lot: Lots must be served by required but (90+ days) only. right" permitting if all regulations that ADUs be a publicly maintained right can rededi- are met, three additional zones designed so that of way. Cannot be con- cate existing are automatically subjected to the structure structed on lots accessed primary conditional evaluation as well as maintains"to through easements. dwelling all applications that do not meet the greatest unit spaces. regulations. Conditional permitting extent possible" process: applications must be filed the appearance at least 3 weeks in advance of the of a single - Planning Commission meeting family property. where they are subject to a public [22.20.160 (c) hearing. Applicants are required (8)] to attend and answer questions. Decisions are typically made at the first meeting. Kodiak Island Borough Structure: 575-725 ftz (de- 5 for <600 No short-term Permitted use for attached ADUs in None. 17.160.070 - Accessory pendent on zoning district) ft'; +6 for uses such as bed five residential districts zoned for dwelling units. Lot: No lot size restrictions >600 ftz and breakfasts. single-family, two-family, rural, specified. Owner required and conservation. Conditional use to occupy either for detached ADUs in single-family ADU or principal residential districts and certain ru- dwelling. ral residential districts. Additional rural residential district requires conditional permitting for both detached and attached ADUs. Page 41 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. AKDU'S AND DON'TS Structure & Lot Parking Occupancy Permitting Process Aesthetics/ Additional Des Details/ Petersburg Borough Structure: 800 ftZ or 40- None. None. Attached ADUs are permitted ADU must be Detached Accessory Dwell - ing Unit Standards 80% of the principal dwell- by right. The borough's website constructed ing's area depending on the requests that homeowners inter- with the same/ size of the lot. Height shall ested in constructing a detached similar materials not exceed the height of ADU contact the borough building as the principal the principal dwelling (no official for more information. dwelling. exceptions) Neither the code nor the website Lot: Addition of ADU specifies if a permit is explicitly cannot exceed maximum required. lot coverage, which for most residential properties is 35%. City of Palmer Structure: Min 300 ft'; Max Studio/1 bd Owner must All applications are reviewed by Attached ADUs The zoning administrator 900 ft'. Can't be larger than ADU require occupy either the zoning administrator within must main- is required to furnish the 40% of main property and +1 spaces; the principal 30 calendar days. Applications tain style and planning and zoning can't have more than 2 bd. 2 bd requires or accessory require a $100 non-refundable fee exterior finishes commission with an annual Max height 25 ft. +2 spaces. dwelling for at and a notarized affidavit stating consistent with ADU report. The commission Lot: One ADU permitted least 6 months the owner will occupy either the the existing is required to reassess their per+1OK ftZ lot zoned each year principal or accessory dwelling and structure. Exte- ordinance if records indicate residential or agriculture. that the ADU is compliant with all rior finishes for that 20% of single-family Attached ADUs may be requirements. detached ADUs structures within the city added to single-family Detached ADUs are required to be must comply have ADUs. [17.86.110] dwellings if they are the placed in the rear of the lot at least with local indus- sole principal dwelling on 10 feet behind the front plain of try standards for Chapter 17.86ACCESSORY DWELLING UNITS the lot. Detached ADUs only the primary dwelling, but appli- residential ex- allowed on lots +20K ftz cants can ask the planning and terior cladding. No lot size restrictions for zoning commission for a waiver if Exteriors must central business district. it negatively impacts a neighbor's be compliant view. Applicants are encouraged to within 8 months gather testimony from impacted from start of neighbors. [17.86.040] construction. City of Soldotna Structure: Max. 750 ft' +1 required. Short term All interested applicants must sub- None. 17.10.390 - Accessory (total lot coverage cannot rentals allowed mit a site plan and obtain a zoning dwelling units. exceed limit for single if principal permit and a building permit. structure) residence is ADUs are permitted within the Lot: Must meet minimum owner -occupied Single -Family, Single -Family/ lot size requirements for Two -Family, Rural Residential, and the zoning district Multi -Family residential zoning districts. Page 42 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. AKDU'S AND DON'TS Structure & Lot Parking Occupancy Permitting Process Aesthetics/ Additional Des Details/ Municipality of Anchorage Structure: Max. size is None. Owner occupancy Acessory dwelling units are a per- Formerly The Anchorage Assembly the larger of either 900 is not required. mitted use in all zoning districts. required recently passed massive ft' or 40% of the primary Applicants must obtain a building a purpose reforms to their ADU ordi- dwelling up to 1200 ftz . or land use permit from the Devel- statement on nance to eliminate barriers Max. height of a detached opment Services Department and appearance and and encourage develop- ADU is 25 ft. If ADU is built submit all required documents to character, but ment. Removing owner over a garage, height max. the Building Safety Department at it was removed occupancy requirements extended to 30 ft. No 4700 Elmore Road. Applicable per- in a massive (previously homeowners limit on the number of mit fees vary. For projects under overhaul of the had to live on the property bedrooms. $40k, the permitting fee is $175 ADU code in at least 6 months out of the Lot: ADUs allowed in all per inspection used. Additional 2023. year) opened an additional residential and commercial fees for residential plan review, 10,500 single family rental zones whether there is building safety review, and land homes to ADU develop - another dwelling. Also use plan review add an additional ment. By allowing ADUs allowed on all kinds of $75+ each. on multifamily homes, an housing, including large, estimated 8,000 properties multi -family buildings. became newly eligible Setbacks restrictions are for a bonus dwelling. You the same as those imposed can find more information on the principal structure about these changes at the with exceptions for ADUs Municipality of Anchorage's taller than 15 ft. ADU "Accessory Dwelling Unit (ADU) Project Page" doors may face the street. Residential zoning regulations in both the City of Homer and the Matanuska-Susitna Borough specify that accessory dwelling units are "by -right" permit- ted uses in most single-family and some commercial districts. The Matanuska-Susitna Borough allows two attached or detached accessory dwelling units not exceeding 50% of the total floor area of the primary residence in single-family residential districts, but they can only be used for"guests, family members, or persons provid- ing domestic or health services to the residents of the principal structure : AGENDA ITEM #2.a. AKDU'S AND DON'TS This publication is not a comprehensive list of all ADU ordinances in Alaska. To check if your community has an ADU specific ordinance, you can look up your municipal code at library.municode.com, your local government's website, or contact your city clerk. If you are confused about what codes apply to you, consult the brief overview below on how planning powers are divided in Alaska. 2.1 overview of Powers and Duties of Boroughs & Cities in Relation to Planning, Platting & Land Use Regulation :. Unified Municipality & Home Rule Borough Powers The borough or unified municipality must exercise the powers areawide, but not necessarily in accordance with AS 29.40 First Class Borough The borough must exercise the powers areawide; in accordance with AS 29.40; the borough may allow cities to assume such powers within their boundaries Second Class Borough City Governing Structure Same as for a first class borough Planning, Platting & Land Use Regulation Powers Home Rule City Cities in unorganized boroughs must exercise the powers; if in an organized borough, it may be permit- ted by borough to exercise the powers First Class City Same as for a Home Rule City, except exercised in accordance with AS 29.40 (governance by assembly) Second Class City The City is not required to exercise powers, but may be permitted in the manner described for First Class Boroughs References: AS 29.35.260(c) AS 29.35.260(c) Page 44 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. 8 1 AKDU'S AND DON'TS 3.0 Best Practices to Encourage ADU Development In recent years, communities across the United States have turned to ADUs to address the affordable housing crisis. Experts in planning, policy, design, and aging have dedicated considerable time and energy to studying these communities to understand what works and what does not. A recommended first step for communities interested in increasing ADU development is the creation of a dedicated ADU ordinance. This clarifies the ADU development process for applicants and municipal officials and removes barriers that may have been hindering development under existing general zoning regulations. Section 3.1 provides a brief overview of the "Dos" and "Don'ts" of creating ADU-friendly zoning ordinances. Section 3.2 goes in depth into these recommendations, providing questions and considerations for com- munities seeking to improve their existing ADU regulations as well as additional guidance for those who are considering creating an ADU-specific ordinance for the first time. Creating an ADU-specific ordinance and/or focusing on reducing regulatory barriers is not the most effective approach for encouraging ADU development in communities that have no zoning regulations. If you have no exist- ing zoning regulations your largest barriers are likely construction costs due to a lack of contractors or shipping expenses. The most relevant advice for these communities is in section 5 dedicated to financing recommendations. 3.1 Creating ADU-Friendly Regulations ✓ Blanket use permissions for ADUs in all areas zoned for single-family housing. ✓ Allowing ADU development "By-right"/ministerial approval rather than through a discretionary approval process. ✓ Clear, objective standards intended to mitigate environmental hazards and impact on city resources ✓ Regulations should reflect community values without hindering development. ✓ Set a realistic timeline for producing decisions. ✓ No additional off-street parking requirements. ✓ Reasonable size/height/setback requirements that ensure resulting unit can meet the needs of long-term rentals and aging individuals. X Excessive Size/Height/Setback Restrictions - Inhibit development in dense areas with smaller lots where demand for rentals is likely higher. - Lead to "micro" units that can make it difficult to ensure bathrooms and living spaces are of adequate size to accommodate accessibility devices such as wheelchairs or allow caregiver support. X Discretionary Permitting Processes - Creates uncertainty and slows development timelines. X Off -Street Parking Regulations - Stifles development on smaller lots. X Owner -Occupancy Requirements - Can impact appraised home values and complicate rental configurations, suppressing available units. X Aesthetic Design Standards - Makes construction more costly and technically complex. - Vague rules add subjectivity to conditional permitting processes. Page 45 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. AKDU'S AND DON'TS The immense diversity in zoning practices, environments, and needs across Alaska communities means that there is no one -size -fits -all approach to increasing development of accessory dwelling units. The considerations included below are split into two buckets, those for communities that have an existing ADU-specific ordinance and those that do not have a specific ordinance but maintain robust zoning and permitting regulations, but the recommendations are relevant to local officials in either position. IF YOU HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: THE PERMITTING PROCESS Does your ordinance allow ADUs "by right" or subject to discre- tionary approval / a conditional permitting process? "BY RIGHT": Allowing ADUs by right means that anyone who complies with the existing regulations may build an ADU. An application may still be involved, but it is subject to purely ministerial approval (AARP - Expanding ADU Development, 42). Research on ADUs across the U.S. shows that by right approvals encourage ADU development because they remove uncertainty and are usually much quicker than discretionary processes. DISCRETIONARY/CONDITIONAL APPROVAL: There are many valid reasons for local officials and planners to favor a discretionary approval process for ADUs, especially if there is community resistance ADU devel- opment. However, subjecting all ADU development to a conditional permitting process has been shown to greatly discourage development. Discretionary approval processes are often opaque and subjective, which can be intimidating and burdensome for applicants. SPLIT PROCESSES: It is common to allow by right approval for ADUs if they fit all the required regulations and require applicants who do not meet the requirements apply for exceptions through a conditional permitting pro- cess. This can be helpful for some communities, especially if within zoning districts lot sizes are nonuniform and access to city sewage/water/electricity varies. However, if you are currently operating this way, it is important to examine how ADU applications have split between the two processes. If you find that so far, most applicants have had to go through a conditional permitting process, you should reconsider if your baseline standards are too strict. • Consider: Are there clear standards that applicants have a difficult time meeting, such assize limits, parking requirements, or design regulations? How long does your permitting process take? Lengthy and undefined permitting processes create uncertainty and stall development. Experts recommend that at minimum, local officials publish a realistic timeline for their review processes and stick to a set timeframe for producing decisions. Ideally, that timeframe is as quick as possible. Page 46 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AKDU'S AND DON'TS IF YOU ALREA1 HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: OFF-STREET PARKING Does your ordinance require additional off-street parking spaces? If you require additional off-street parking spaces, is the requirement equal to or greater than that for a single-family home? Requiring any additional off-street parking spaces for ADUs can stifle development, especially for those hoping to build on smaller lots. Experts recommend no additional off-street parking requirements for ADUs. Usually, single-family zoning regulations already require several off-street parking spots for the principal dwelling, which can often meet the needs of accessory dwelling, especially if it is constructed for an existing member of a household. Community concerns about public street parking can be mitigated by restricting off-street parking requirements to certain zoning districts of concern, such as commercial business districts and the residential areas that border them. But even in these cases, mandating more than one additional off-street parking space is unreasonable considering that ADUs rarely accommodate more than 2 people. AGENDA ITEM #2.a. IF YOU HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: SIZE/HEIGHT/SETBACK REQUIREMENTS Certain zoning restrictions can inadvertently hamper construction based on universal design standards. Square footage restrictions can make it difficult to ensure bathrooms and living spaces are of adequate size to accommodate accessibility devices such as wheelchairs or caregiver support. Restrictions regard- ing the ADUs proximity to the primary dwelling and/or to the edge of the lot can make it difficult to construct an entrance that is both covered and allows a car to deliver a person right to the door. Communicating accessibility needs to your builder can be intimidating and difficult. Universal design prin- ciples offer helpful guidance about how to construct ADUs to meet the mobility needs of aging individ- uals. Universal Design is defined as"an approach to design that recognizes and accommodates the ordi- nary changes people experience over their lives due to aging and life circumstances. As such, universal design benefits people through all life stages, including children and adults" (Recommendations for Essential and Advanced Universal Design Features and Product Characteristics in New Single -Family Housing, 2009). Additional information about accessible design and universal design principles can be found at the end of this publication. Does your ordinance have a size limit for ADUs? If yes, are the square footage require- ments based on a ratio relative to the primary residence? Size regulations tying the size of the ADU to a percent of the primary dwelling make adding an ADU to a larger home easy but make adding an ADUs prohibitive for smaller homes. Page 47 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... Excessive size limits can hinder the development of accessible living spaces. If your community is interested in encouraging ADUs to facilitate aging in place, excessive size restrictions can make the resulting accessory dwelling unit inaccessible to seniors and all populations with mobility needs. Highly restrictive square footage restrictions can make it difficult to ensure bathrooms and living spaces are of adequate size to accommodate accessibility devices such as wheelchairs or allow caregiver support. Does your ordinance have setback requirements? Municipalities should avoid imposing setback requirements that would result in excessively small developable areas because this can lead to "micro" units that fail to meet the needs of long-term renters and aging individuals. Restrictions regarding the ADUs proximity to the primary dwelling and/or to the edge of the lot can make it difficult to construct an entrance that is both covered and allows a car to deliver a person right to the door. Excessive setback requirements can also inhibit ADU development in smaller and moderately size lots. AGENDA ITEM #2.a. AKDU'S AND DON'TS Does your ordinance have height requirements? Excessive height requirements (such as 10 or 12 ft) inhibit two story ADUs, which can incorporate design elements, such as a mezzanine floor, that make the best use of the small space. Does your ordinance impose minimum lot size requirements? Minimum lot size requirements inhibit development in more dense single-family districts with smaller lots where demand for rentals is likely higher. An ADU Built Above a Garage in Anchorage. Source: Siahtline Institute. 'Anchorage Needs More Moderately Priced Homes: Lets Start with ADUs" (2021). Page 48 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AKDU'S AND DON'TS IF YOU ALREADY HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: OCCUPANCY RESTRICTIONS Does your ordinance have occupancy requirements? Putting restrictions about how ADUs can be used by homeowners can be important to ensuring that ADU development meaningfully expands the community's affordable housing stock. Areas highly dependent on tourism may choose to prohibit ADUs from being used for short-term rentals to ensure that they will be accessible to full time residents. However, prohibiting homeowners from using ADUs as rentals to nonfamily members dramatically inhibits development. In addition to being self-defeating for municipalities hoping to increase their affordable housing stock, homeown- ers often rely on future rental income to finance ADU development, subsidize increased property taxes, and generate income during retirement. Even if rentals are allowed, owner -occupancy requirements are generally discouraged by housing experts. Mandating that homeowners must live in the primary residence to rent the ADU creates a myriad of legal burdens. This requirement means that if they choose to move, they cannot legally rent out both units. If they want to allow another family member to live in the primary residence, they must add them to the deed to continue renting the ADU. If a person inherits a single-family home with an ADU, they are unable to rent out both residences unless they move into the primary residence. Homeowners also are prevented from living in the ADU and renting out the primary dwelling. These complications can impact appraised home values and further restrict available rental properties. • Caveat: Municipalities interested in encouraging tourism but concerned about mitigating its impacts in residential areas may prefer to impose own- er -occupancy requirements only for ADUs used for short-term rentals. IF YOU ALREAC HAVE AN ADU-SPECIFIC ORDINANCE IN PLACE: AESTHETIC STANDARDS AGENDA ITEM #2.a. Does your ordinance impose discretionary design standards related to neighborhood character and aesthetic compatibility? Community concerns about how ADUs will influence neighborhood character and aesthetics are common. Regulations imposing discretionary design standards may have been important to garnering the political support necessary to pass an ADU ordinance. Yet, it is important to evaluate if the goals of these requirements are worth the increased burden to applicants. Aesthetic design standards increase costs and add technical complexity to the ADU construction and permitting processes. Requiring ADUs to match the appearance of the principal dwelling or to be constructed to maintain the appear- ance of a single-family structure can hinder accessible design, delay construction, and intimidate otherwise interested homeowners. When these provisions are vague, they create uncertainty for applicants and introduce considerable subjectivity and bias to the permitting process. Page 49 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. AKDU'S AND DON'TS IF YOU DO NOT HAVE AN ADU-SPECIFIC ORDINANCE, BUT THERE ARE EXISTING REGULATIONS REGARDING PERMITTING AND CONDITIONAL USE Do you have existing ADUs in your community? If yes, what processes have homeowners gone through to build them? In communities where ADUs can already be created by right, creating an ADU-specific ordinance may not be necessary. Rather, an informational campaign or a dedicated grant program may be more effective. Do you have existing restrictions concerning structural changes in single-family residential districts? Adding an accessory dwelling unit to a single-family home may already be a permitted use in your code. Alternatively, your existing code could consider the addition of an accessory dwelling an a violation of single and multi -family housing zoning regulations, deeply complicating the ADU development process. What is your conditional permitting process like? It is important to realistically evaluate the time, effort, and objectivity of your existing process, as it can greatly impact the development of ADUs if you choose to create an ADU ordinance that relies partly or entirely on your existing conditional permitting process. • Do applicants often have to apply several times before getting approval? • Are there municipal staff members dedicated to sup- porting applicants through the process? • How frequently does your planning commission review applications? • Do planning commission meetings regularly fail to cover all the necessary topics/applications because there is too much on the schedule? Does your community have concerns about infill and/or increased density? Is political and community sentiment particularly favorable or hostile toward ADUs? It may be difficult to judge public sentiment about ADUs specifically, but prior hostility to multi -family housing developments in areas with majority sin- gle-family homes can indicate there may be pushbacks to encouraging ADU development. When drafting an ADU ordinance, it is important to identify and address community concerns. ADU ordi- nances can be curated to the specific needs of your community while still following the recommendations of experts. Certain approaches may include: • Instituting by right permitting processes for ADUs in some zoning districts and requiring a discretionary use permit in others • Crafting different regulations for internal, attached, and detached ADUs. • Restricting use of ADUs as short-term rentals. Page 50 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. AKDU'S AND DON'TS 4.0 Financing ADUs in Your Community While ADUs are cheaper than constructing an entirely new single-family home, they can still be cost -prohibitive for many homeowners. In a 2022 survey of Anchorage homeowners with ADUs, over fifty percent of respondents reported that they earned over $150,000 annually (ADU ANC Survey). The Sightline Institute, a thin ktank dedicated to promoting sustainable communities across the Pacific Northwest, estimates that attached ADUs created by modifying an existing structure cost about $32,000 on average in Anchorage. Detached ADUs requiring a newly built structure are estimated to cost about $79,000. For much of the rest of the state, especially the most rural regions, costs are likely much higher. In the North Slope Borough, construction costs per square root can range from $448 (in Nuiqsut) to $660 (in Point Lay) and more. Depending on the village, a 1,500 square foot home—only slightly larger than the average ADU—can cost between $672,000 to $990,000 (NSB Comprehensive Plan 2019). Municipal officials can reduce financial barriers in a variety of ways: Designated Municipal Funding Scheme Grant -Based Subsidies Municipalities across the country have established grant programs to subsidize the cost of ADUs. Providing cash subsidies to incentive ADU development allows communities to leverage the financial capacity of local homeowners and produce more affordable rent units at a fraction of the cost of a typical publicly funded affordable housing development. In 2018, the City and Borough of Juneau appropriated $480,000 for an incentive grant program providing up to $6,000 to homeowners interested in constructing and ADU. In August of 2023, the Assembly voted to expand this effort, creating the Accessory Dwelling Unit Grant program (ADUG). ADUG provides grants up to $13,5000 to 16 homeowners annually, allocated on a first come, first served basis. In addition to meeting all ADU regulations and passing a final inspection within two years of being issued a building permit, recipients must record a deed restriction agreeing not to use the ADU as a short-term rental (fewer than 30 consecu- tive days) for the first five years. More information can be found online and on the website for the Cites Borough of Juneau. For municipalities that do not have the funds or polit- ical will to establish such a program, local officials can also look to establish partnership with local founda- tions to either fund a grant program or provide seed funding to local non-profit design, construction, and development organizations. Loans Local jurisdictions can also provide subsidies through low-interest loans, loan forgiveness, and by estab- lishing local loan pools. Low interest loans and loan forgiveness can be a more financially and politically viable option for some municipalities. Like the City and Borough of Juneau's ADUG program, eligibility for low interest loans and loan forgiveness can be restricted to homeowners who agree to use their ADU as a long term, affordable rental or for facilitating aging at home. Local loan pools leverage private loan funds generated from partnership with local banks and philanthropic organizations to provide below-market loans to income -eligible homeowners for ADU construction. Attached ADU Added to the Basement of a Juneau Home Through the ADUG Program Source: KTOO -Anchorage Daily News 'Alaska cities, facing housing crunch, encourage backyard cottages and apartment additions" (2018). Page 51 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... Property Tax Abatement The increased property tax burden resulting from the value added by an ADU can intimidate interested homeowners. Reducing or postponing that burden through property tax abatement can be a powerful incentive. In 2022, Anchorage Mayor Dave Bronson's adminis- tration proposed postponing property tax increases tied to the creation of an ADU for ten years. Assembly member Meg Zalatel proposed applying this abate- ment only to ADUs offered as long-term housing. Though this proposal was not adopted by the Assembly, a major overhaul of ADU regulations was passed in 2023. Whether, how, and to what end your local government is able to offer property tax exemptions varies by gov- erning structure. Interested officials should consult Title § 29.45.050 of the Alaska state statues, which identifies an extensive list of optional exemptions a municipality may enact. Design Incentives Design and development costs can force interested homeowners to pay thousands before they even break ground on a new ADU, especially if project plans must be revised multiple times during the permitting process. Municipalities can offset these costs by pro- viding free design and project support to applicants. Additionally, planning officials can save homeowners thousands of dollars by offering applicants the option to use pre -approved, permit -ready plans for ADUs of a range of sizes. Providing model plans can also reduce administrative burdens for municipalities by simpli- fying the permitting process and promote aesthetic standards favored by the planning commission without burdening applicants with additional regulations. (AARP ADU Design & Development) Construction & Permitting Incentives Permit and development fees can be a significant deterrent. Many municipalities have chosen to reduce permit fees, offer fee waivers, or completely remove fees for ADU permit applications. Doing this in conjunc- tion with removing other fees, such as infrastructure AGENDA ITEM #2.a. AKDU'S AND DON'TS impact charges, can make a significant impact on the total cost. Additionally, any measures you can take to facilitate a faster permit review process, such as hiring or training staff dedicated to ADU permit review, can meaningfully reduce costs. (AARP ADU Design & Development) Facilitating Economies of Scale Communities that struggle with exorbitant construc- tion costs often also have high rates of overcrowding and limited or no senior living facilities. Local officials can help reduce construction costs in rural regions by encouraging interested homeowners to work together to create economies of scale. Though it applies to new single-family homes, not ADUs, RurAL CAP's Mutual Self -Help Housing Program provides an excellent model of how economies of scale and "sweat equity" can operate in Alaska. Facilitated in partnership with USDA Rural Development and Alaska Housing Finance Corporation, the Mutual Self -Help Housing Program provides first-time home buyers with the opportunity to buy a home without a down payment. Groups of six to twelve participants work together to build one another's homes under the guid- ance of a RurAL CAP construction supervisor, providing at least 65% of the labor and working a minimum of 35 hours per week. All homebuyers contribute to the construction of all the homes, and no one moves in until every house is complete. The"sweat equity" created by the participant's labor eliminates the down payment and reduces their resulting mortgage, which are originated by RurAL CAP and can have interest rates as low as 1 %. For aging communities or those who cannot invest "sweat equity"for other reasons, prefabricated units are an excellent option to speed up the process and simplify logistics. Interested homeowners can possibly reduce design and transportation costs by approaching a prefabrication contractor as a group. Additional information about prefabrication options can be found at the end of this publication. Page 52 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. AKDU'S AND DON'TS Additional Resources ArCnccihln nncinr • Northwest Universal Design Council (NWUDC): https://www.environmentsforall.org/ - The Council acts as an expert resource on universal design in the Pacific Northwest. Their website provides a simplified overview of the principles and guidelines of universal design, a detailed home checklist which provides essential guidelines for each room and element of a house as well as additional considerations, and a library of resources and research from organizations and universities across the country. • "Aging in Place Alaska" (University of Alaska Fairbanks Cooperative Extension Service): https:Hhomemods.org/materials/aging-in-place-in-alaska/ - This 20 -minute video, narrated by Art Nash, Energy Specialist at the University of Alaska Fairbanks Cooperative Extension Service, examines universal design principles as they related to Alaskan homes. • Alaska Independent Living Centers - These are individual organizations which act as an access point for disability -related services for individuals across Alaska. - Southeast Alaska Independent Living (SAIL) operates the Home Modifications for Aging in Place (HomeMAPTM) Program, which provides expert evaluations of mobility and construction needs. A SAIL team conducts a home survey and produces a written report that lays out the homeowner's individualized needs. This report can then be used to guide construction and communicate design needs to contractors. > https://www.sailinc.org/home-modifications-for-aging-in-place/ - For those residing outside the southeast, Access Alaska and Arctic Access - Nome can provide information regarding programs and services that may be helpful during the design process. > Access Alaska: htti2s://www.accessalaska.orci > Arctic Access - Nome: https://www.facebook.com/people/Arctic-Access-Inc/100068189572892/ * Email: arcticaccessnome@cici.net • Alaska Organizations that are affiliated with or employ a National Association of Home Builders Certified Aging -In -Place Specialist. Those with this certification can provide expert advice regarding accessible design. - Alaska Housing Finance Corporation: https://www.ahfc.us/senior-support - Alaska Community Development Corporation: http://www.alaskacdc.org/ - Cold Climate Housing Research Center: https:Hcchrc.org/- Prefabricated Units FabCab: https://fabcab.com/about/our-story-and-bios/ - A company based in Pacific Northwest specializing in incorporating universal design principles into prefabricated homes. Their founder is a member of the Northwest Universal Design Council. Skyline Homes & Champion Homes: - National companies that supply manufactured homes through a nationwide network of independent dealers. These companies have manufacturers in Oregan and British Columbia and have shipped homes to Alaska. They also have model ADUs. Both companies have a search function to find retailers near where you live, but it is best to contact them directly for more detailed information about Canadian suppliers. - Skyline: https://www.skylinehomes.com/ - Champion: https://www.championhomes.com/ Page 53 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. AKDU'S AND DON'TS ADU Finance, Policy, & Development • "Accessory Dwelling Units: A Step by Step Guide to Design and Development" (AARP): https://www. aarp.org/pri/topics/livable-communities/housing/accessory-dwelling-units-guide-design-development/ • "Expanding ADU Development and Occupancy: Solutions for Removing Local Barriers to ADU Construction" (AARP and the American Planning Association): httpss://www.aarp.org/pri/topics/ livable-communities/housing/expanding-adu-development-solutions-local-barriers.html • "Overcoming Barriers to Bringing ADU Development to Scale" (Enterprise Community Partners): https://www.enterprisecommunity.org/resources/overcoming-barriers-bringing-adu-development-scale-11049 • The ABCs of ADUs: A guide to Accessory Dwelling Units and how they expand housing options for people of all ages (AARP): https://www.aarp.org/livable-communities/housing/info-2019/accessory- dwel ling-units-guide-download.html Powers and Duties of Boroughs & Cities in Relation to Planning, Platting & Land Use Reaulation • Alaska Planning Commission Handbook (Department of Commerce, Community, and Economic Development; Division of Community and Regional Affairs): https://www.commerce.alaska.gov/web/ Portals/4/pub/Planning%20Commission%20Handbook%20Jan%202012.pdf • Planning Powers for Alaska Communities (Alaska Dept. Of Transportation and Public Facilities): https://dot.alaska.gov/creci/planninci/assets/Planning Power for Alaskan Communities.pdf • Alaska's Local Government: State Commitments, Local Roles and Responsibilities (Alaska Municipal League): https://www.akmi.org/wp-content/uploads/2023/02/AML-Govt-Primer-2023-revise-web.pdf Page 54 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. Page 55 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.a. Proposed O R D I N A N C E A very general definition of an additional unit in a home or accessory structure Required for detached ADUs in the RR1 and RIzones Required for all ADUs in the RR zone No requirement on lot size No location design requirements ADUs that are 600 sq. ft. or less in area - two parking spaces required ADUs that are greater than 600 sq. ft. in area - three parking spaces required Clearly defines an ADU as accessory to principal dwelling unit. Includes distinction between attached and detached ADUs. A CUP may be applied for when a proposed ADU does not meet one or more of the development standards Requires that the minimum lot size of the applicable zoning district must be met in order to apply for an ADU Requires a detached ADU to be located to the side or behind the principal structure Removed parking requirement based on size Two parking spaces required for ADUs outside the City of Kodiak One parking space required for ADUs within the City of Kodiak ADU shall be limited to 575 square feet or ADU shall be limited to 800 square feet less in the R1 and R2 zones. R2 zoned remove from ADU list In all other applicable zones an ADU shall be limited to 725 square feet The owner of the property shall live in the The owner requirement has been removed principal dwelling or ADU Page 56 of 114 Discuss Ordinance Amending Various Sections Of The Kodiak Island Borough... AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT }. AUGUST 29, 2024 ASSEMBLY WORK SESSION SUBJECT: Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Control Office Regarding The Possible Revocation Of The Restaurant Or Eating Place License Renewal Application For Sizzler Burger And Peking Restaurant (License #2611 Combined Renewal Notice) ORIGINATOR: James Turner, Assembly Member RECOMMENDATION: Discuss what is outlined in the agenda item request form which is for a "Letter of Revocation". Clerk's note: If there's an interest to discuss REPLs, it is necessary to arrange for that discussion in a future agenda. DISCUSSION: Kodiak Island Borough Actions: • June 11, 2024, notice of renewal was received by the Clerk's Office with a 60 -day protest period which ended on August 9, 2024. • August 1, 2024, the Kodiak Island Borough Assembly voiced non -objection to the renewal of Restaurant and Eating Place license #2611. • August 2, 2024, the Clerk advised the Alcoholic Beverage Control (ABC) Board of the non- objection. • August 16, 2024, Assembly member Turner filled out an Agenda Item Request Form which requests a letter to the ABC Board asking to revoke the license of Peking/Sizzler. He notes that, as presented, the applicant planned to reopen the restaurant and now the applicant is wanting to sell the license. • August 20, 2024, Clerk reached out to Alcohol Marijuana Control Office (AMC) inquiring for opportunities or avenues to provide feedback to the ABC Board after the 60 -day protest period. • August 21, 2024, per AMCO Regulations Specialist, License 2611 is now renewed and valid for calendar years 2024 and 2025. During the second year of the biennial license period, the Assembly may protest the continued operation of license 2611 by sending the ABC board and the licensee a protest and the reasons for the protest no later than January 31, 2025. City of Kodiak Actions: • July 25, 2024, the City Council postponed a resolution titled "Resolution No. 2024-22, Protesting, Subject to Rescission, Renewal of Restaurant or Eating Place License No. 2611 for Sizzler Burger & Peking Restaurant." • August 8, 2024, postponed Resolution No. 2024-22 for another 60 days. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Page 57 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. From: AMCO Local Government Only (CED sponsored) To: Nova Javier Cc: AMCO Local Government Only (CED sponsored) Subject: RE: Renewal Notice LIC#2611 Sizzler Burger & Peking Restaurant Date: Wednesday, August 21, 2024 2:38:30 PM Attachments: imaae001.Dna Good afternoon, A local governing body may protest the issuance, renewal, relocation or transfer of a license or a license with one or more endorsement under AS 04.11.480. License 2611 just recently went through the renewal process and was renewed with no protest received within the 60 -day period. I have highlighted in yellow below a portion of AS 04.11.480 that is seldom used but that will outline the next possible opportunity that a local governing body has to protest. Sec. 04.11.480. Protest. (a) A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license, issuance, renewal, or transfer to another person of a license with one or more endorsements, or issuance of an endorsement by sending the board and the applicant a protest and the reasons for the protest within 60 days of the date of the notice of filing of the application. A protest received after the 60 -day period may not be accepted by the board, and in no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. The local governing body may protest the continued operation of a license or endorsement during the second year of the biennial license period by sending the board and the licensee a protest and the reasons for the protest by January 31 of the second year of the license. The procedures for action on a protest of continued operation of a license or endorsement are the same as the procedures for action on a protest of a renewal application. The board shall consider a protest and testimony received at a hearing conducted under AS O4.11.510(b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS 04.11.5 10(b)(2) or (4) shall be kept as part of the board's permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board find that the protest is arbitrary, capricious, or unreasonable. License 2611 is now renewed and is valid for calendar years 2024 and 2025. The second year of the current biennial license period is 2025 and so, you may Page 58 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. protest the continued operation of license 2611 by sending the board and the licensee a protest and the reasons for the protest no later than January 314Q 2025. Please let me know if you have any questions. Thank you, Kristina Serezhenkov Regulations Specialist 2 Alcohol and Marijuana Control Office 550 West 7th Avenue, Suite 1600 Anchorage, Alaska 99501 907-269-0359 From: Nova Javier <njavier@kodiakak.us> Sent: Tuesday, August 20, 2024 8:54 PM To: AMCO Local Government Only (CED sponsored)<amco.localgovernmentonly@alaska.gov>; CED ABC Alcohol Licensing (CED sponsored) <alcohol.licensing@alaska.gov>; Carrell, Samuel F (RCA) <samuel.carrell@alaska.gov> Subject: FW: Renewal Notice LIC#2611 Sizzler Burger & Peking Restaurant You don't often get email from niavier&kodiakak.us. Learn why this is important CAUTION: This email originated from outside the State of Alaska mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, On August 2, 2024, the Kodiak Island Borough Assembly voiced non -objection to the renewal of this license and the Kodiak Island Borough's 60 -day protest period on this license ended on August 9, 2024. Are there other opportunities or avenues for the Assembly to provide feedback to AMCO regarding this license? Page 59 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Thank you, Nova Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This email, including any attachments, may be subject to disclosure under the law. From: Nova Javier <niavier(@kodiakak.us> Sent: Friday, August 2, 2024 12:31 PM To: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonlyna alaska.gov>; Lina Cruz <Icruz(@kodiakak.us>; Clerks <Clerks @kodiakak.us>; Clerks <Clerks(@city.kodiak.ak.us>; solshin1027Rgmail.com Cc: CED ABC Alcohol Licensing (CED sponsored) <alcohol.licensing(a alaska.gov> Subject: RE: Renewal Notice LIC#2611 Sizzler Burger & Peking Restaurant [CAUTION - EXTERNAL EMAIL] This email originated from outside of our organization. Do not click on links, open attachments, or provide sensitive information unless you are certain of the sender's identity and trust the content. Report any suspicious emails to the IT department. Hello everyone, This is to notify you that the Kodiak Island Borough Assembly VOICED NON -OBJECTION to the renewal of Restaurant and Eating Place License #2611 Sizzler Burger and Peking Restaurant. Please let me know if you have any questions. Thank you, Nova Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This email, including any attachments, may be subject to disclosure under the law. From: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonlyna alaska.gov> Sent: Tuesday, June 11, 2024 3:23 PM To: Lina Cruz <Icruz ankodiakak.us>; Clerks <Clerks(a kodiakak.us>; clerks(a city.kodiak.ak.us; solshinl027(@Rmail.com Page 60 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Cc: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonlyCO)alaska.gov>; CED ABC Alcohol Licensing (CED sponsored) <alcohol.licensing(@alaska.gov> Subject: Renewal Notice LIC#2611 Sizzler Burger & Peking Restaurant Good Afternoon, Local Governing Body(ies), I have attached the LGB Renewal Notice for the above referenced license and the complete renewal packet for your consideration in your jurisdiction. Thank you, Good afternoon, Applicant, Please see the attached correspondence regarding your alcohol renewal license application for the above referenced license. It will now go before the Alcoholic Beverage Control Board for consideration at their June 25, 2024 meeting. If you have any questions or concerns, please direct them to alcohol. licensina analaska.aov. Thank you & have a great day! Samuel Carrell Occupational License Examiner Alcohol & Marijuana Control Office Samuel.carrellC@alaska.gov Office: 907-754-34111 https://www.commerce.alaska.gov/web/amco Page 61 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Alaska Administrative Code Title 3 - Commerce, Community, and Economic Development Part 19 -Alcoholic Beverage Control Board Chapter 305 - Alcoholic Beverage Control Board Article 1 - Board; Administration; Licensing; Fees 3 AAC 305.085 - Local governing body protest Universal Citation: 3AKAdmin Code 305.085 Current through May 31, 2024 (a) A local governing body may protest an application filed under this chapter. The protest must be in writing, filed with the board, and copied to the applicant, and must include the governing body's reason for the protest. The reasons stated by a local governing body must be logical grounds for opposing the application or continued operation of the license and have a reasonable basis in fact. Under this section, a protest may be filed for (1) an application to (A) issue a new license, a license with one or more endorsements, or endorsement; (B) renew an existing license, a license with one or more endorsements, or endorsement; (C) transfer the location of an existing license, a license with one or more endorsements, or endorsement; (D) transfer an existing license, a license with one or more endorsements, or endorsement to another person; or (2) the continued operation of a license or endorsement issued under this chapter; under this paragraph, a local governing body may only protest the continued operation of a license or endorsement during the second year of the biennial license period if the local governing body files the protest and the reasons for the protest with the board and copies the licensee not later than January 31 of the second year of the license. (b) The board will not take final action upon an application until at least (1) 60 days after a local governing body receives the notice issued by the board required by AS 04.11.520, unless the local governing body waives the right to protest the application in writing to the director; and (2) 15 days after completion of public notice of the application. (c) A protest received after the 60 -day period may not be accepted by the board. A protest may not cause the board to reconsider an approved renewal, transfer of location, or transfer to another person. Page 62 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. (d) A local governing body that protests an application shall allow the applicant a reasonable opportunity to defend the application before a meeting of the local governing body. (e) A local governing body protest may be based upon facts that render the particular application objectionable to the local body or may be based upon a general public policy. If based on a general public policy, the policy must have a reasonable basis in fact, may not be contrary to law, and may not be patently inapplicable to the particular application being protested. The board will not substitute the board's judgment for that of the local governing body on a matter of public policy that has reasonable factual support. (f) If the application is denied because of a protest by the local governing body and the applicant requests a hearing, the local governing body must, at the board's request, appear or otherwise meaningfully participate in the hearing and must assist in or undertake the defense of the local governing body's protest. (g) In addition to the other grounds for protest set out in this section, a local governing body may protest the (1) renewal or transfer of a license based on nonpayment of delinquent taxes or fees, whether single or in combination, of at least $1,000 arising in whole or in part from the conduct of the licensed business; and (2) transfer of a license if the local governing body has adopted an ordinance under which the local governing body may estimate the amount of taxes due in the tax year of the proposed transfer and arising in whole or in part from the conduct of the licensed business, and requires the licensee to pay the estimated amount; and (3) the licensee fails to pay that amount or give security under AS 04.11.360. (h) The board may uphold a protest of an application or continued operation with an initial abeyance period of not more than 180 days if the local governing body indicates that the protest is subject to rescission and that it will be withdrawn if the applicant meets conditions set by the local governing body. If the local governing body notifies the board within the period of the abeyance that the protest has been removed, the application or continued operation will be approved when all other applicable requirements have been met. If the local governing body has not notified the board within the period of the abeyance that the local governing body has removed the protest, the application or continued operation is denied. Authority:AS 04.06.005 AS 04.06.090 AS 04.06.100 AS 04.11.330 AS 04.11.360 AS 04.11.480 AS 04.11.510 AS 04.11.520 Page 63 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. AS 04.11.370. Suspension and Revocation of Licenses and Permits. (a) A license or permit shall be suspended or revoked if the board finds (1) misrepresentation of a material fact on an application made under this title or a regulation adopted under this title; (2) continuation of the manufacture, sale, or service of alcoholic beverages by the licensee or permittee would be contrary to the best interests of the public; (3) failure on the part of the licensee to correct a defect that constitutes a violation of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or other laws after receipt of notice issued by the board or its agent; (4) conviction of a licensee of a violation of this title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010; (5) conviction of an agent or employee of a licensee of a violation of this title, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010 , if the licensee is found by the board to have either knowingly allowed the violation or to have recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 with the result that the agent or employee violates a law, regulation, or ordinance; (6) failure of the licensee to comply with the public health, fire, or safety laws and regulations in the state; (7) use of the licensed premises as a resort for illegal possessors or users of narcotics, prostitutes, or sex traffickers; in addition to any other legally competent evidence, the character of the premises may be proved by the general reputation of the premises in the community as a resort for illegal possessors or users of narcotics, prostitutes, or sex traffickers; (8) occurrence of illegal gambling within the limits of the licensed premises; (9) the licensee permitted a public offense involving moral turpitude to occur on the licensed premises; (10) violation by a licensee of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010 ; or (11) violation by an agent or employee of a licensee of a provision of this title, a condition or restriction imposed by the board, a regulation adopted under this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the board to have either knowingly allowed the violation or to have recklessly or with criminal negligence failed to act in accordance with the duty prescribed under AS 04.21.030 with the result that the agent or employee violates the law, condition or restriction, regulation, or ordinance. (b) If the board finds that a licensee or permittee has been convicted of a violation of a criminal law related to gambling under AS 11.66.200 - 11.66.280, the board shall suspend the license or permit for a period of at least six months if the offense is the person's first conviction or violation and shall revoke the license or permit if the offense is the person's second or subsequent conviction or violation. (c) If the board receives notice from the Department of Revenue that a licensee or permittee has violated a provision of AS 05.15 related to gambling, the board (1) may suspend the license or permit; and (2) shall suspend the license or permit for a period of at least 30 days if the offense is the person's second or subsequent violation of AS 05.15 related to gambling. Page 64 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 1, 2024 ASSEMBLY REGULAR MEETING SUBJECT: State Of Alaska Alcohol And Marijuana Control Office, Restaurant Or Eating Place License Renewal Application For Sizzler Burger And Peking Restaurant (License #2611 Combined Renewal Notice) ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move that the Kodiak Island Borough Assembly object to the renewal of Restaurant and Eating Place license #2611 for the reasons identified in the Clerk's investigation and directs the Clerk to advise the Alcoholic Beverage Control Board of the objection. Q 6110111*1 Is] h A On June 11, 2024, the Clerk's Office received the renewal notice for License #2611 Sizzler Burger & Peking Restaurant. Pursuant to KIBC 5.01.020 the Clerk's Office investigated and has been advised that circumstances relating to the license renewal application support an objection by the governing body in order to protect the Borough's interests. Specifically, the Borough has an interest in licensed premises having proper building permits and zoning, and an interest in the information set out in the license application being accurate and complete. Those interests are adversely impacted and need to be protected due to the absence of the correct business address on the application and the apparent lack of operations or permitting for work on the premises. The following particular concerns/interests were brought up from the Clerk's investigation: Community Development Department • A correct business address on the license renewal application hinders the Community Development department from determining if the restaurant's use complies with zoning regulations, specifically KIBC 17.15.020 Conformity with regulation required and KIBC 17.15.060 Zoning compliance. Fire Marshall • There is a need to conduct a fire and life safety inspection before he can recommend approval. Building Official • The business location has been gutted by the building owner without any permits. There is a belief that the business has not been in operation for two years. Included in the packet is information from the City of Kodiak meeting packet for their July 25, 2024. The City Council will be considering a resolution protesting, subject to rescission, the renewal of Restaurant or Eating Place License No. 2611. ALTERNATIVES: 1. Issue a letter of protest. 2. Issue a letter of non -protest. FISCAL IMPACT: Kodiak Island Borough Page 65 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 1, 2024 k ASSEMBLY REGULAR MEETING OTHER INFORMATION: Per AS 04.11.480, a local governing body may protest the renewal by sending the AMCO director and the applicant a protest and the reason for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. The Borough must also provide evidence of proof of service upon the applicant and proof that the applicant has had the opportunity to defend the application before the local governing body's meeting. In addition to Alaska Statutes 04.11.480, regulations in 3 AAC 305.085 states the local governing body has the authority to protest renewal of a liquor license for public policy reasons or due to license -related issues. Kodiak Island Borough Page 66 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... THE STATE OfALASKA June 11, 2024 GOVERNOR MIKE DUNLEAVY AGENDA ITEM #2.b. Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 From: Alcohol.licensing@alaska.gov; amco.localgovernmentonly@alaska.gov Licensee: Sook C. Yun DBA: Sizzler Burger & Peking Restaurant VIA email: solshin1027@gmail.com Local Government 1: Kodiak Island Borough Local Government 2: Kodiak Via Email: Icruz@kodiakak.us; clerks@kodiakak.us; clerks@city.kodiak.ak.us Community Council: N/A Via Email: N/A RE: Restaurant or Eating Place License #2611 Combined Renewal Notice License Number: 2611 License Type: Restaurant or Eating Place Licensee: Sook C. Yun Doing Business As: Sizzler Burger & Peking Restaurant Physical Address: 116 W Rezanof Dr. Designated Licensee: Sook C Yun Phone Number: 907-486-8555 Email Address: solshinl027@gmail.com ® License Renewal Application Dear Licensee: ❑ Endorsement Renewal Application Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to the local governing body(ies), your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(ies) will have 60 days to protest the renewal of your license. Your application will be scheduled for the June 251h, 2024, board meeting for Alcoholic Beverage Control Board consideration. The address and call-in number for the meeting will be posted on our home page. The Page 67 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. board will not grantor deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). Please feel free to contact us through the Alcohol. licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above listed licenses within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsement, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60 -day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear CommunitV Council (Municipality of Anchorage and Mat -Su Borough only) We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This letter serves to provide written notice to the above referenced entities regarding the above application, as required under AS O4.11.310(b) and AS 04.11.525. Please contact the local governing body with jurisdiction over the proposed premises for information regarding review of this application. Comments or objections you may have about the application should first be presented to the local governing body. If you have any questions, please email Alcohol.licensing@alaska.gov Sincerely, // II d�61 /,/;( Glomi &9' Joan M. Wilson, Director 907-269-0350 Page 68 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. 550 W 7s Avenue, Sidle 1600 M A I\,f!`O il�'.; An4hprdlie,AK 99511 L1 M[. aILOhOI. iLQ�sInP.'a I.,Sk-Kv.y ti ryry _ lt s�, www�tommerce.alaska.eov/web(amcu - !l� !a G 2��i PFone: 907.264.0350 DEC r�'1i�Dt 0%01-11 Alaska Alcoholic Beverage Control Board Form AB -17: 2024/2025 General Renewal Application • This form and any required supplemental forms must be completed, signed by the ilcensee, and postmarked no later than January 2, 2024 per AS 04.11.270, 3 AAC 305.050, with all required fees paid in full, or a non-refundable $500.00 late fee applies. • Any complete application for renewal or any fees for renewal that have not been postmarked by rebruary 2B, 2024 will be expired per AS 04.11.540, 3 AAC 305.050(e). • All fields ofthis application must be deemed complete by AMCO staff and must be accompanied by the mandatory fees and all documents required, orthe application will be returned without being processed, per AS 04.11.270, • Receipt and/or processing of reriewal paymentsbyAMLO staff neither Irdicales norgu8tantees in anyway that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Section I - Establishment Contact Information Doing Business As: Sizzler Burger & Peking restaurant LitenseH: 12611 � If your mailing address has changed, write the NEW address below: Mailing Address: 116 W RE3Z8nOf Dr City: Kodiak state AK tlP: 99615 ±_ „w•^ ,,• ,,,, :' _ _ -,_ -Section 2 - Licensee Contact Information Contact ilcensee: The individual listed below most be part of the ownership structure of the licensee listed In.5ettlon 1. This person will be the designated point of contact regarding this license unless the Optional contact is completed. Contact licensee: __1 SOOK C YUN contact Phone: 19074868555 Contact Entail: soishin1027@gmail.com 011 ionai: If you wish for Al staff to communicate with anyone otherthan the Contact licensee (such as legal counsel) about your license, list their information below, Name of Contact: Contact Phone:� Contact Email: I Section S -.for Package Stores ONLY: Written Order InformatEon i YES NO I I Do you intend to sell alcoholic beverages and ship them to another location in response to written solicitation in ❑ ❑ calendar years 2024 and/or 21 If so, you will need to apply for a Shipping Endorsement here: https:I/accis.ekcense365.com/4 Section 4 —Ownership 5tnaeture Cartifictlon, YES NO Did the licensed business in D 0 ownership structure of the change 2022/20237 If yes, and you have NDT notified AMCO, list the updated Information on form A9-39: Change of Officers and submit with your renewal application. if No, certify the statement below by initialing the box to the right of the statement: I certify that the ownership structure of the business who owns this alcohol license did not change in any way during the calendar years 2022 or 2023. F 7V [Form AB -17i (rev 10/9/20231 Page 1 of 3 Page 69 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. k Alaska Alcoholic Beverage Control Board Form AB -17; 2024/2025 License Renewal Application Section 5 - License Operation Unless you operated more than 140 hours in 2021 or 2023, check ONE BOX forEACN CALENDAR YEAR that best describes how this alce holic beverage license wa s operated asset forth in AS 04,11.330: 2022 2023 1, The license was only operated during a specified time each year. (Not to exceed 6 months per year) ❑ ❑ 1 our operation dates hove changed list them below: 2. The license was only ooerated to meet the mlnlrrrum requ 1 renient of 240 total hours each calendar year. ❑ A cam Tete AB 10: Proof of Minimum Operation Checklist and oil documentation must be prqvided with this Lorm., 3. The license was not operated at all or was not operated for at least the minimum requirement of 240 total _ ❑ hours each year, during one or both calendaryears. A complete Farm Ai3-19: Waiverof Dperation Applfcii 7 •.:'„i °.• Section 6 Violations and Convictions YES NO Have any Notices of Violation been issued for this license in 2022 or 20237 ❑ 21 Has any person of entity in this applici tion been convicted of a violation of Title 04, 3AAC 304 cr a local ordinance adopted under AS 04.21.010 In 2022 or 2023? El E If you checked YES, you MUST attach a iist of all Notices of Violation andlor Convictions per AS 04.11.27010)(2)• If You are unsure if you hove received any Notices of Violation, conte[[ the office before submitting this form. Section 7-CertifcatiansrX As an applicant for a liquor license renewal, I declare under penalty of petlury that I have read and am familiar with AS 04 and 3 AAC705, Ind that this application, including all accompanying schedules and statements, are true, correct, and complete. • I agree to provide all information required by the Alcoholic Beverage Control Hoard or requested by AMCO staff In support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and the license tieing potentially expired if I do rat comply with statutory or regulatory requirements. • 1 certify that in accordance with AS 04.11.450, no one other than the licenSee(sl, as del it ed in AS 04.11.260, has a direct or indirect financial interest in the licensed business. ■ i certify that this entity is in good standing with Corporations, Business and professional Licensing [CBPL) and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license and have provided all required documents for any new or changes of officers. • I certify that all licensees, agents, and employees who sell or serve aloe iic beverages or check identification of patrons have completed an alcahol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, If applicable for this license type as set forth in AS 04.21-025 and 3 AAC 305.700. • I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence orother documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response In this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a licenselpermit. I further understand that it is a Gass A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of Unsworn falsification, [Form AB -171 (rev 10191213231 Page 2 of 3 Page 70 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. chit r Alaska Alcoholic Beverage Control Board Form AB -17: 2024/2025 License Renewal Application SOOK C YUN - Printed name of licensee �S-ature of license Restaurant and Eating Place applications must include a completed AS -33: Restaurant Receipts Affidavit Recreational Site applications must include a completed AB -36: Recreational Site Statement Tourism applications must include a completed A13-37: Tourism Statement Wholesale applications must include a completed A3-25: Supplier Certification Common Carrier app#ications must include a current safety inspection certificate All renewal and supplemental forms are available online: https:llwww.commerce.alaska.gov/web/amco/AlcoholLicerseApplication.aspx FOR OFFICE USE ONLY €cense Fee: Application fee: $ 309.00 Misc. Fee- $ G`J TOW Fees Due: (Form AU -17) (rev 10/4/2023) Page 3 of 3 Page 71 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Page 72 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... Alcohol and Marijuana Control Office 550 W ThAvenue. Suite 1600 Anchorage, AK 99501 — a alcohol.licensina(aalaska.xov AMCOnttosy1www commerce alaska.gov/web/amco 171,1. Phone: 9u7 -M U350 Alaska Alcoholic Beverage Control 3oard Form AB -33: 2024/2025 Restaurant Receipts Affidavit What is this form? A restaurant or eating place licensee must file a complete copy of this Porn along with its 2024/2025 license renewal application, n order to provide evidence to the Alcoholic Beverage Control Board that this icensed restaurant's receipts from the sale of food upon the licensed premises constitute no less than 50%of the gross receipts (food +alcohol sales) of the licensed premises for each ca endar year in 2022 and 2023, as currently regjired by AS O4.11.100(e) which will be repealed once AS O4.09.210(e) is in effect January 1, 1024. This+orm isconfidential. This form must be completed and submitted With Form AB -17 to AMCO's main officabefore a license renewal application may be reviewed r Section 1 - Establishment information This form is being subm tted for the fallowing license: Licensee: Sook c yun I License k; 2611 License Type: restaurant/eating place Doing Business As: Sizzler Burger& Peking restaurant _ .'. Section 2 - Gross Receipts for 2022 and 2023 Please fill out the following information carefully, contact AMCO staff if you have questions regarding this form. Enter the dollar amounts of the food and gross (food + alcohol) receipts on the licensed premises and calculate the percentage of gross revenue that is from food sales on the licensed premises for each calendar year. (Food Revenue= Gross Revenue x 100 =%) x 100 = 96 % 2022 Food Sales 2022 Food +Alcohol Sales 2022 Percent from Food �$ + 5. _X100- ss �l 2023 Food Sales 2023 Food +Alcohol Sales Z023 Percent from Food I declare under penalty perjury that this form, including all accompanying schedules and statements, Is true, correct, and complete. /of :YLt Printed name of lirencee Signature of licensee [Form AR 331 (rev 10/24/2023) Page 1 ofi Page 72 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Page 73 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... Kodiak Island Borough OFFICE of the BORUGH CLERK {� 710 Mill Bay Road r Kodiak, Alaska 99615 Phone(907)486-9310 Fax(907)486-9391 E-mail: clerks@ kod iakak. us 8. July 16, 2024 Sook C. Yun/Sizzler Burger & Peking Restaurant 116 W Rezanof Dr Kodiak, Alaska 99615 RE: Hearing on Protest of Restaurant and Eating Place Liquor License # 2611 Renewal Application Dear Ms. Yun, This letter is to inform you that the review of Liquor License # 2611 renewal application for Sizzler Burger and Peking Restaurant is scheduled to be heard by the Kodiak Island Borough Assembly on August 1, 2024. The meeting will start at 6:30 p.m. in the Borough Assembly Chambers at 710 Mill Bay Road, Kodiak. According to Alaska Statutes 04.11.480, and regulations in 3 AAC 305.085, the local governing body has the authority to protest renewal of a liquor license for public policy reasons or due to license - related issues. Pursuant to KIBC 5.01.020 the Clerk's Office investigated and has been advised that circumstances relating to the license renewal application support an objection by the governing body in order to protect the Borough's interests. Specifically, the Borough has an interest in licensed premises having proper building permits and zoning, and an interest in the information set out in the license application being accurate and complete. Those interests are adversely impacted and need to be protected due to the absence of the correct business address on the application and the apparent lack of operations or permitting for work on the premises. The following particular concerns/interests were brought up: Community Development Department • A correct business address on the license renewal application hinders the Community Development department from determining if the restaurant's use complies with zoning regulations, specifically KIBC 17.15.020 Conformity with regulation required and KIBC 17.15.060 Zoning compliance. Page 73 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Page 74 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... Letter to Ms. Yun Liquor License #2611 Page 2 of 2 July 16, 2024 Fire Marshall • There is a need to conduct a fire and life safety inspection before he can recommend approval. Building Official • The business location has been gutted by the building owner without any permits. There is a belief that the business has not been in operation for two years. 3 AAC 305.085(d) calls for a local governing body to provide an applicant with a reasonable opportunity to defend the application before a meeting of the local governing body. This opportunity is now scheduled for the August 1, 2024, regular Assembly meeting. We encourage you to attend the August 1, 2024, regular meeting. You will be given opportunity to provide comments regarding the liquor license renewal application at this meeting. Sincerely, OFFICE OF THE BOROUGH CLERK Lina Cruz, Deputy Clerk CC: Sol M. Shin CPA 207 E. Northern Lights Blvd #105 Anchorage, AK 99503 Page 74 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. From: Seema Garoutte <sgaroutte@kodiakak.us> Sent: Thursday, June 13, 2024 3:39 PM To: Irene Arellano <iarellano@kodiakak.us>; Aimee Williams <awilliams@kodiakak.us>; Fred Berestoff <fberestoff@kodiakak.us> Cc: Ted Hansen <thansen@citv.kodiak.ak.us>; Clerks <Clerks@kodiakak.us>; Christopher French <cfrench@kodiakak.us> Subject: RE: Sizzler Burger & Peking Restaurant- Liquor License Renewal Upon inspection the property known as 116 W Rezanof Drive use has changed, and is no longer a restaurant. The owner of the building is renovating without permit. The owner of the liquor license states that all her equipment is in storage. Assessing has two accounts. One account for Mrs. Kim's business personal property and one for the owner of the building, who's address is NOT the address on the business personal property account. . Upon discussion with GIS, Assessing has been informed that the address that we have on the business personal property account is not right and therefore, incorrect on the application, though Assessing has determined that this is not Ms. Kim's fault. While Assessing has contacted GIS for address changes/verification, contact with Ms. Kim verified that her equipment is no longer at the property nor is the restaurant operating at this time. Assessing would ask that the renewal application be updated with corrected information to be able to decide if a protest is warranted. .seevia ciavoLtte Assessor 710 Mill Bay Road Kodiak, AK. 99615 907-486-9350 Page 75 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. From: Christopher French <cfrench@kodiakak.us> Sent: Thursday, June 13, 2024 3:43 PM To: Irene Arellano <iarellano@kodiakak.us> Cc: James Dixon <IdixonC@kodiakak.us>; Joseph Grochmal <jgrochmal@kodiakak.us>; Seema Garoutte <sga ro u tte @ kod i a ka k. u s> Subject: RE: Sizzler Burger & Peking Restaurant- Liquor License Renewal Importance: High Good afternoon, Community Development staff inspected the property listed on the application and spoke to the applicant. The restaurant does not currently operate at the property listed on the application. The applicant told our staff that they no longer have a lease at the location listed on the application. Therefore, the Community Development Department protests the liquor license renewal application as submitted to the Alcohol & Marijuana Control Office. Best, Chris French, AICP Community Development Director Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 907-486-9360 httDs://www.kodial<ak.us/ i Public Records Law Disclosure: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Page 76 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Page 77 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... From: Hansen, Ted <thansen@city.kodiak.ak.us> Sent: Tuesday, June 11, 2024 4:01 PM To: Irene Arellano <iarellano@kodiakak.us>; Aimee Williams <awilliams@kodiakak.us>; Dave Conrad <dconrad@kodiakak.us>; Dora Cross <dcross@kodiakak.us>; Christopher French <cfrench@kodiakak.us>; Fred Berestoff <fberestoff@kodiakak.us>; Seema Garoutte <sgaroutte@kodiakak.us> Cc: Dorner, Frank <fdorner@city. kodiak.ak.us>; Clerks <Clerks@kodiakak.us> Subject: RE: Sizzler Burger & Peking Restaurant- Liquor License Renewal The space that this business was in was gutted by the building owner without any permits. I don't believe they have been in operation for two years. Building Safety would object to any renewal. Ted Hansen, CBO Building Official Department of Building Safety City of Kodiak / Kodiak Island Borough thansen@citv.kodiak.ak.us 907-486-8072 or 907-486-8070 710 Mill Bay Road, Room 208 Kodiak, Alaska 99615 Page 77 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Date Thu, 27 Jun 2024 16:20:12 +0000 From "Domer, Frank" <fdorner@city.kodiak.ak.us> To Irene Arellano <iarellano@kodiakak.us> Cc "McNeil, Steel" <smcneil@city.kodiak.ak.us> Subject Re: Sizzler Burger & Peking Restaurant- Liquor License Renewal 2611 Sizzler Burger & Peking Rest - Notice.pdf (305KB), image001.gif (10KB) Attachments image001.gif (10KB) 2611 24-25 AB -17 Renewal App +AB -33 Redacted.pdf (393KB) image001.gif (10KB) Good Morning, This location has not been inspected and as far as i know is not in operation. The fire marshals office would need to complete a fire and life safety inspection before we could consider recommending approval of this request. Frank Domer Sent from my iPad On Jun 26, 2024, at 4:24 PM, Irene Arellano wrote: [CAUTION - EXTERNAL EMAIL] This email originated from outside of our organization. Do not click on links, open attachments, or provide sensitive information unless you are certain of the sender's identity and trust the content. Report any suspicious emails to the IT department. Hi Frank, I just wanted to follow-up on your response regarding the liquor license renewal. Thank you, Irene Arellano , Assistant Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 Phone(907) 486-9314 Fax (907) 486-9391 iarellano@kodiakak.us Public Records Law Disclosure: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Irene Arellano Sent: Tuesday, June 11, 2024 3:52 PM To: Aimee Williams ; Dave Conrad ; Dora Cross ; Christopher French ; Fred Berestoff ; Seema Garoutte Cc: Domer, Frank; Ted Hansen ; Clerks Subject: Sizzler Burger & Peking Restaurant- Liquor License Renewal Good afternoon, The Clerk's Office has been informed by the Alcohol & Marijuana Control Office (AMCO) about the Sizzler Burger & Peking Restaurant application for the renewal of their liquor license. Kindly examine the attached application packet and inform us via email whether your department has any interest that can be safeguarded by protesting the submitted liquor license renewal application. Please provide the rationale behind your objection. In the absence of a response, it will be assumed that there is no protest, and the process will proceed accordingly. Should you have any questions, please do not hesitate to let me know. Please ensure that any email responses regarding protest or non -protest interests are sent to the Clerk's Office no later than Thursday, June 20. Link<https:Hkodiakisland.borough.codes/KIBC/5.01> to KIB Code pertaining to liquor license renewal procedure. Best Regards, Irene Arellano , Assistant Clerk Office of the Borough Clerk 710 Mill Bay Road, Room 234 Kodiak, AK 99615 Phone(907) 486-9314 Fax (907) 486-9391 iarellano@kodiakak.us Page 78 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Page 79 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. AS 04.11.330. Denial of License or Permit Renewal. (a) [See delayed amendment note] An application requesting renewal of a license shall be denied if (1) the board finds, after review of all relevant information, that renewal of the license would not be in the best interests of the public; (2) the license has been revoked for any cause; (3) the applicant has not operated the licensed premises for at least 30 eight-hour days during each of the two preceding calendar years, unless the board determines that the licensed premises are under construction or cannot be operated through no fault of the applicant; (4) the board finds that issuance of an existing license under AS 04.11.400(d) has not encouraged tourist trade; (5) the requirements of AS 04.11.420 - 04.11.450 relating to zoning, ownership of the license, and financing of the licensee have not been met; (6) renewal of the license would violate the restrictions pertaining to the particular license under this title or the license has been operated in violation of a condition or restriction imposed by the board; (7) renewal of the license is prohibited under this title as a result of an election conducted under AS 04.11.507 ; (8) the application has not been completed in accordance with AS 04.11.270 (b) [See delayed amendment note] An application for renewal of a license may be denied if the applicant is delinquent in the payment of taxes if the tax liability arises in whole or in part out of the licensed business. (c) An application requesting renewal of a conditional contractor's permit shall be denied if Page 79 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. (1) the board finds, after review of all relevant information, that issuance of the permit would not be in the best interests of the public; (2) the application has not been completed in accordance with AS 04.11.270. (d) [See delayed amendment note] Notwithstanding (a)(3) of this section, a recreational site license issued under AS 04.11.210 may be renewed if the license was exercised at least once during each of the two preceding calendar years. (e) [Effective January 1, 2024] The requirements of (a)(3), (5), and (7) of this section do not apply to a manufacturer direct shipment license issued under AS 04.09.370 AS 04.11.480. Protest. (a) [See delayed amendment note] A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license by sending the board and the applicant a protest and the reasons for the protest within 60 days of receipt from the board of notice of filing of the application. A protest received after the 60 -day period may not be accepted by the board, and in no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. The local governing body may protest the continued operation of a license during the second year of the biennial license period by sending the board and the licensee a protest and the reasons for the protest by January 31 of the second year of the license. The procedures for action on a protest of continued operation of a license are the same as the procedures for action on a protest of a renewal application. The board shall consider a protest and testimony received at a hearing conducted under AS 04.11.510(b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS 04.11.510 (b)(2) or (4) shall be kept as part of the board's permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board finds that the protest is arbitrary, capricious, and unreasonable. (b) [See delayed amendment note] If the permanent residents residing outside of but within two miles of an incorporated city or an established village wish to protest the issuance, renewal, or transfer of a license within the city or village, they shall file with the board a petition meeting the requirements of AS 04.11.510 (b)(3) requesting a public hearing within 30 days of the posting of notice required under AS 04.11.310 , or by December 31 of the year application is made for renewal of a license. The board shall consider testimony received at a hearing conducted under AS 04.11.510 (b)(3) when it considers the application, and the record of a hearing conducted under AS 04.11.510 (b)(3) shall be retained as part of the board's permanent record of its review of the application. (c) [See delayed amendment note] A local governing body may recommend that a license be issued, renewed, relocated, or transferred with conditions. The board shall consider recommended conditions and testimony received at a hearing conducted under AS 04.11.510 (b)(2) or (4) when it considers the application or continued operation, and the recommended conditions and the record of the hearing conducted under AS 04.11.510 (b)(2) or (4) shall be kept as part of the board's permanent record of its review. If the local governing body recommends conditions, the board shall impose the recommended conditions unless the board finds that the recommended conditions are arbitrary, capricious, or unreasonable. If a condition recommended by a local governing body is imposed on a licensee, the local governing body shall Page 80 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. assume responsibility for monitoring compliance with the condition, except as otherwise provided by the board. (d) In addition to the right to protest under (a) of this section, a local governing body may notify the board that the local governing body has determined that a licensee has violated a provision of this title or a condition imposed on the licensee by the board. Unless the board finds that the local governing body's determination is arbitrary, capricious, or unreasonable, the board shall prepare the determination as an accusation against the licensee under AS 44.62.360 and conduct proceedings to resolve the matter as described under AS 04.11.510 (c). (e) [Effective January 1, 2024] If the location or proposed location of a license is within the boundaries of more than one local government, each local governing body may protest the issuance, renewal, relocation, or transfer of a license. Page 81 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Regular Council Meeting °y AGENDA ITEM REPORT A To: City Mayor and Councilmembers From: Josephine Bahnke, Acting City Manager and Michelle Shuravloff-Nelson, City Clerk Meeting: Regular Council Meeting of July 25, 2024 Agenda Item: Resolution No. 2024-22, Protesting, Subject to Rescission, Renewal of Restaurant or Eating Place License No. 2611 For Sizzler Burger & Peking Restaurant Department: Council SUMMARY AND DISCUSSION: The City of Kodiak is in receipt of a Restaurant or Eating Place License (REPL) application for renewal no. 2611 from the Alcohol Beverage Control Board for Sizzler Burger & Peking Restaurant. A local governing body may protest the approval of an application pursuant to AS 04.11.480 with clear and concise reason for protest within 60 days of receipt of the notice and allowing the applicant an opportunity to defend the application. The City Clerk received the renewal and sent inquiry to the Fire Marshal, Finance Director, Chief of Police, and Building Official to review the license and ensure the establishment was in compliance with Kodiak City Code. The Finance Department is recommending the City Council protest this license renewal due to non -remittance of sales tax. It was also noted from City staff that the licensee is not operating from the physical address on their application. The City Clerk sent a letter to Sizzler Burger and Peking Restaurant on July 18, 2024, notifying them of the recommendation to protest at a regular Council meeting. A resolution is before Council to protest, subject to rescission, for the renewal of the REPL No. 2611 Sizzler Burger & Peking Restaurant for non-compliance of City Code Sections 3.08.140 failure to remit sales tax. ALTERNATIVES: Adopt, amend, postpone or do not adopt the resolution. ATTACHMENTS: Res No. 2024-22 Protest Sizzler Burger & Peking REPL 2611 Sizzler Burger & Peking Rest - Notice 261124-25 AB -17 Renewal App + AB -33 _Redacted PROPOSED MOTION: Move to adopt Resolution No. 2024-22. Page 82 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. CITY OF KODIAK RESOLUTION NUMBER 2024-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK PROTESTING, SUBJECT TO RESCISSION, RENEWAL OF RESTAURANT OR EATING PLACE LICENSE NO. 2611 FOR SIZZLER BURGER & PEKING RESTAURANT WHEREAS, the City of Kodiak received an application for renewal of Restaurant or Eating Place License No. 2611 on June 11, 2024; and WHEREAS, staff reviewed the application and the Finance Director issued a recommendation to protest based upon the submittal of Sizzler Burger & Peking Restaurant's application dated December 26, 2023, to AMCO declaring business operations in 2022 and 2023, but not having remitted sales tax to the City of Kodiak for those years; and WHEREAS, the Building Official reviewed the application and indicated the physical location of 116 W. Rezanof Dr. is a vacant building and that it was renovated without the permits required by Kodiak City Code; and WHEREAS, the Fire Chief reviewed the application and indicated that 116 W. Rezanof Dr. is not compliant with fire inspection requirements, due in part to the lack of a building permit application; and WHEREAS, per Alaska Statute 04.11.480, a local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license by sending the board and the applicant a protest and the reasons for the protest within 60 days of receipt from the board of notice of filing of the application; and WHEREAS, if a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Kodiak, Alaska, hereby protests, subject to rescission, renewal of Restaurant or Eating Place License No. 2611 Sizzler Burger & Peking Restaurant for non-compliance with City Code Section 3.08.140; to wit, failure to submit sales tax returns in 2022 and 2023; BE IT FURTHER RESOLVED that the City Clerk is instructed to communicate this protest to the Alaska Alcoholic Beverage Control Board; BE IT FURTHER RESOLVED that this protest shall be rescinded upon the applicant filing accurate sales tax returns, with remittance of taxes owed, for 2022 and 2023; Resolution No. 2024-22 Page I of 2 Page 83 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. BE IT FURTHER RESOLVED that the City Clerk shall promptly communicate to the Alaska Alcoholic Beverage Control Board the applicant's satisfaction of the above requirements and recession of this protest if and when such satisfaction and rescission occurs. BE IT FURTHER RESOLVED that this resolution shall become effective upon adoption. Added Lan¢uaee CITY OF KODIAK ATTEST: CITY CLERK Adopted: Resolution No. 2024-22 Page 2 of 2 MAYOR Page 84 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... THE STATE OfALASKA June 11, 2024 GOVERNOR MIKE DUNLEAVY AGENDA ITEM #2.b. Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7th Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 From: Alcohol.licensing@alaska.gov; amco.localgovernmentonly@alaska.gov Licensee: Sook C. Yun DBA: Sizzler Burger & Peking Restaurant VIA email: solshin1027@gmail.com Local Government 1: Kodiak Island Borough Local Government 2: Kodiak Via Email: Icruz@kodiakak.us; clerks@kodiakak.us; clerks@city.kodiak.ak.us Community Council: N/A Via Email: N/A RE: Restaurant or Eating Place License #2611 Combined Renewal Notice License Number: 2611 License Type: Restaurant or Eating Place Licensee: Sook C. Yun Doing Business As: Sizzler Burger & Peking Restaurant Physical Address: 116 W Rezanof Dr. Designated Licensee: Sook C Yun Phone Number: 907-486-8555 Email Address: solshinl027@gmail.com ® License Renewal Application Dear Licensee: ❑ Endorsement Renewal Application Our staff has reviewed your application after receiving your application and required fees. Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS 04.11.510, and AS 04.11.520. Your application is now considered complete and will be sent electronically to the local governing body(ies), your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body(ies) will have 60 days to protest the renewal of your license. Your application will be scheduled for the June 251h, 2024, board meeting for Alcoholic Beverage Control Board consideration. The address and call-in number for the meeting will be posted on our home page. The Page 85 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. board will not grantor deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). Please feel free to contact us through the Alcohol. licensing@alaska.gov email address if you have any questions. Dear Local Government: We have received completed renewal applications for the above listed licenses within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license with one or more endorsement, or issuance of an endorsement by sending the director and the applicant a protest and the reasons for the protest in a clear and concise statement within 60 days of the date of the notice of filing of the application. A protest received after the 60 -day period may not be accepted by the board, and no event may a protest cause the board to reconsider an approved renewal, relocation, or transfer. To protest any application(s) referenced above, please submit your written protest for each within 60 days to AMCO and provide proof of service upon the applicant and proof that the applicant has had reasonable opportunity to defend the application before the meeting of the local governing body. If you have any questions, please email amco.localgovernmentonly@alaska.gov. Dear CommunitV Council (Municipality of Anchorage and Mat -Su Borough only) We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This letter serves to provide written notice to the above referenced entities regarding the above application, as required under AS O4.11.310(b) and AS 04.11.525. Please contact the local governing body with jurisdiction over the proposed premises for information regarding review of this application. Comments or objections you may have about the application should first be presented to the local governing body. If you have any questions, please email Alcohol.licensing@alaska.gov Sincerely, // II d�61 /,/;( Glomi &9' Joan M. Wilson, Director 907-269-0350 Page 86 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. 550 W 7s Avenue, Sidle 1501 M A I\,f!`O il�'.; An4hprdlie,AK 99511 L1 M[. aILOhOI. iLQ�sInP.'a I.,Sk-Kv.y ti ryry _ lt s�, www�tommerce.alaska.eov/web(amcu - !l� !a G 2��i PFone: 907.264.035t} DEC r�'1i�Dt 0%01-11 Alaska Alcoholic Beverage Control Board Form AB -17: 2024/2025 General Renewal Application • This form and any required supplemental forms must be completed, signed by the ilcensee, and postmarked no later than January 2, 2024 per AS 04.11.270, 3 AAC 305.050, with all required fees paid in full, or a non-refundable $500.00 late fee applies. • Any complete application for renewal or any fees for renewal that have not been postmarked by rebruary 2B, 2024 will be expired per AS 04.11.540, 3 AAC 305.050(e). • All fields ofthis application must be deemed complete by AMCO staff and must be accompanied by the mandatory fees and all documents required, orthe application will be returned without being processed, per AS 04.11.270, • Receipt and/or processing of reriewal paymentsbyAMLO staff neither Irdicales norgu8tantees in anyway that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Section I - Establishment Contact Information Doing Business As: Sizzler Burger & Peking restaurant LitenseH: 12611 � If your mailing address has changed, write the NEW address below: Mailing Address: 116 W RE3Z8nOf Dr City: Kodiak state AK tlP: 99615 ±_ „w•^ ,,• ,,,, :' _ _ -,_ -Section 2 - Licensee Contact Information Contact ilcensee: The individual listed below most be part of the ownership structure of the licensee listed In.5ettlon 1. This person will be the designated point of contact regarding this license unless the Optional contact is completed. Contact licensee: __1 SOOK C YUN contact Phone: 19074868555 Contact Entail: soishin1027@gmail.com 011 ionai: If you wish for Al staff to communicate with anyone otherthan the Contact licensee (such as legal counsel) about your license, list their information below, Name of Contact: Contact Phone:� Contact Email: I Section S -.for Package Stores ONLY: Written Order InformatEon i YES NO I I Do you intend to sell alcoholic beverages and ship them to another location in response to written solicitation in ❑ ❑ calendar years 2024 and/or 21 If so, you will need to apply for a Shipping Endorsement here: https:I/accis.ekcense365.com/4 Section 4 —Ownership 5tnaeture Cartifictlon, YES NO Did the licensed business in D 0 ownership structure of the change 2022/20237 If yes, and you have NDT notified AMCO, list the updated Information on form A9-39: Change of Officers and submit with your renewal application. if No, certify the statement below by initialing the box to the right of the statement: I certify that the ownership structure of the business who owns this alcohol license did not change in any way during the calendar years 2022 or 2023. F 7V [Form AB -17i (rev 10/9/20231 Page 1 of 3 Page 87 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. k Alaska Alcoholic Beverage Control Board Form AB -17; 2024/2025 License Renewal Application Section 5 - License Operation Unless you operated more than 140 hours in 2021 or 2023, check ONE BOX forEACN CALENDAR YEAR that best describes how this alce holic beverage license wa s operated asset forth in AS 04,11.330: 2022 2023 1, The license was only operated during a specified time each year. (Not to exceed 6 months per year) ❑ ❑ 1 our operation dates hove changed list them below: 2. The license was only ooerated to meet the mlnlrrrum requ 1 renient of 240 total hours each calendar year. ❑ A cam Tete AB 10: Proof of Minimum Operation Checklist and oil documentation must be prqvided with this Lorm., 3. The license was not operated at all or was not operated for at least the minimum requirement of 240 total _ ❑ hours each year, during one or both calendaryears. A complete Farm Ai3-19: Waiverof Dperation Applfcii 7 •.:'„i °.• Section 6 Violations and Convictions YES NO Have any Notices of Violation been issued for this license in 2022 or 20237 ❑ 21 Has any person of entity in this applici tion been convicted of a violation of Title 04, 3AAC 304 cr a local ordinance adopted under AS 04.21.010 In 2022 or 2023? El E If you checked YES, you MUST attach a iist of all Notices of Violation andlor Convictions per AS 04.11.27010)(2)• If You are unsure if you hove received any Notices of Violation, conte[[ the office before submitting this form. Section 7-CertifcatiansrX As an applicant for a liquor license renewal, I declare under penalty of petlury that I have read and am familiar with AS 04 and 3 AAC705, Ind that this application, including all accompanying schedules and statements, are true, correct, and complete. • I agree to provide all information required by the Alcoholic Beverage Control Hoard or requested by AMCO staff In support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and the license tieing potentially expired if I do rat comply with statutory or regulatory requirements. • 1 certify that in accordance with AS 04.11.450, no one other than the licenSee(sl, as del it ed in AS 04.11.260, has a direct or indirect financial interest in the licensed business. ■ i certify that this entity is in good standing with Corporations, Business and professional Licensing [CBPL) and that all entity officials and stakeholders are current and I have provided AMCO with all required changes of the ownership structure of the business license and have provided all required documents for any new or changes of officers. • I certify that all licensees, agents, and employees who sell or serve aloe iic beverages or check identification of patrons have completed an alcahol server education course approved by the ABC Board and keep current, valid copies of their course completion cards on the licensed premises during all working hours, If applicable for this license type as set forth in AS 04.21-025 and 3 AAC 305.700. • I hereby certify that I am the person herein named and subscribing to this application and that I have read the complete application, and I know the full content thereof. I declare that all of the information contained herein, and evidence orother documents submitted are true and correct. I understand that any falsification or misrepresentation of any item or response In this application, or any attachment, or documents to support this application, is sufficient grounds for denying or revoking a licenselpermit. I further understand that it is a Gass A misdemeanor under Alaska Statute 11.56.210 to falsify an application and commit the crime of Unsworn falsification, [Form AB -171 (rev 10191213231 Page 2 of 3 Page 88 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. chit r Alaska Alcoholic Beverage Control Board Form AB -17: 2024/2025 License Renewal Application SOOK C YUN - Printed name of licensee �S-ature of license Restaurant and Eating Place applications must include a completed AS -33: Restaurant Receipts Affidavit Recreational Site applications must include a completed AB -36: Recreational Site Statement Tourism applications must include a completed A13-37: Tourism Statement Wholesale applications must include a completed A3-25: Supplier Certification Common Carrier app#ications must include a current safety inspection certificate All renewal and supplemental forms are available online: https:llwww.commerce.alaska.gov/web/amco/AlcoholLicerseApplication.aspx FOR OFFICE USE ONLY €cense Fee: Application fee: $ 309.00 Misc. Fee: I $ G`J TOW Fees Due: I S —� (Form AU -17) (rev 10/4/2023) Page 3 of 3 Page 89 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. Page 90 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... Alcohol and Marijuana Control Office 550 W ThAvenue. Suite 1600 Anchorage, AK 99501 — a alcohol.licensina(aalaska.xov AMCOnttosy1www commerce alaska.gov/web/amco 171,1. Phone: 9u7 -M U350 Alaska Alcoholic Beverage Control 3oard Form AB -33: 2024/2025 Restaurant Receipts Affidavit What is this form? A restaurant or eating place licensee must file a complete copy of this Porn along with its 2024/2025 license renewal application, n order to provide evidence to the Alcoholic Beverage Control Board that this icensed restaurant's receipts from the sale of food upon the licensed premises constitute no less than 50%of the gross receipts (food +alcohol sales) of the licensed premises for each ca endar year in 2022 and 2023, as currently regjired by AS O4.11.100(e) which will be repealed once AS O4.09.210(e) is in effect January 1, 1024. This+orm isconfidential. This form must be completed and submitted With Form AB -17 to AMCO's main officabefore a license renewal application may be reviewed r Section 1 - Establishment information This form is being subm tted for the fallowing license: Licensee: Sook c yun I License k; 2611 License Type: restaurant/eating place Doing Business As: Sizzler Burger& Peking restaurant _ .'. Section 2 - Gross Receipts for 2022 and 2023 Please fill out the following information carefully, contact AMCO staff if you have questions regarding this form. Enter the dollar amounts of the food and gross (food + alcohol) receipts on the licensed premises and calculate the percentage of gross revenue that is from food sales on the licensed premises for each calendar year. (Food Revenue= Gross Revenue x 100 =%) x 100 = 96 % 2022 Food Sales 2022 Food +Alcohol Sales 2022 Percent from Food �$ + 5. _X100- ss �l 2023 Food Sales 2023 Food +Alcohol Sales Z023 Percent from Food I declare under penalty perjury that this form, including all accompanying schedules and statements, Is true, correct, and complete. /of :YLt Printed name of lirencee Signature of licensee [Form AR 331 (rev 10/24/2023) Page 1 ofi Page 90 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. August 8, 2024 Heather Marron accepted the proclamation on behalf of ACS, thanked the Council, and provided an overview of why Fernando Escobar and Grace Hurley were receiving the scholarship and their contributions to the community. Grace Hurley was unable to attend and accept the proclamation, it was stated for the record the proclamation will be mailed to her. b. Public Comments City Clerk Shuravloff-Nelson gave an update on the efforts that are being made for an updated phone system with a call queue for public testimony. Stephanie Kim, via telephone, provided Council with an update on the challenges that Sizzler Burger and Peking Restaurant have face in attempting to reopen the restaurant following the COVID-19 pandemic. Salvation Army Cadet Joe Duran thanked the Mayor and Council for the nonprofit grant funding and provided testimony on how the funding helps the organization and those they help. IV. REPORT OF BOARDS, COMMISSIONS, AND COMMITTEES Councilmember Davidson provided a report on the Historic Preservation Commission. V. UNFINISHED BUSINESS a. Resolution No. 2024-22, Protesting, Subject to Rescission, Renewal of Restaurant or Eating Place License No. 2611 for Sizzler Burger & Peking Restaurant Mayor Branson read Resolution No. 2024-22 by title. The City of Kodiak is in receipt of a Restaurant or Eating Place License (REPL) application for renewal no. 2611 from the Alcohol Beverage Control Board for Sizzler Burger & Peking Restaurant. A local governing body may protest the approval of an application pursuant to AS 04.11.480 with clear and concise reason for protest within 60 days of receipt of the notice and allowing the applicant an opportunity to defend the application. The 60 days is August 11. The City Clerk received the renewal and sent inquiry to the Fire Marshal, Finance Director, Chief of Police, and Building Official to review the license and ensure the establishment was in compliance with Kodiak City Code. The Finance Department is recommending the City Council protest this license renewal due to non -remittance of sales tax. It was also noted from City staff that the licensee is not operating from the physical address on their application. The City Clerk sent a letter to Sizzler Burger and Peking Restaurant on July 18, 2024, notifying them of the recommendation to protest at a regular Council meeting. At this time the owner of Page 91 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... AGENDA ITEM #2.b. August 8, 2024 the restaurant is working to meet the sales tax guidelines as outlined in the resolution, however, the protest in still in effect. Clerk's Note: During the July 25, 2025, regular Council meeting the motion to adopt Resolution No. 2024-22 was made. Councilmember Woods asked if Council protests the renewal can it be rescinded when the conditions are met. City Clerk Shuravloff-Nelson confirmed it can be rescinded. Councilmember Whiddon MOVED to postpone the vote for 30 days from today. Councilmember Davidson MOVED to amend the motion to postpone to 60 days. Discussion ensued regarding the motions to postpone. The roll call vote on the motion to postpone for 60 days was Councilmembers Davidson, Haines, Stanford, and Walker in favor. Councilmembers Whiddon, and Woods opposed. The motion passed. VI. NEW BUSINESS a. Authorization of a Construction Contract Change Order No. 4 with DAMA Industrial LLC for the Chlorine Contact Tank Painting Improvements Project No. 17-06/7043 This authorization of a change order is to an existing construction contract with DAMA Industrial, LLC (DAMA). DAMA started working on the Chlorine Contact Tank (CT) tanks in May 2023. The tanks consist of two 2.2 million gallon welded -steel water tanks located at the City's potable water treatment plant site on Pillar Mountain. The project scope of work includes the following items: replacing the interior coating; repairing and restoring the exterior coating; removing and discarding the existing tank baffles and associated hardware; and reconfiguring the baffle system. Tank B was completed in October of 2023. Three (3) change orders totaling $71,897 were executed during the Tank B phase addressing miscellaneous conditions revealed once the original conditions were removed. Work on Tank A started in May 2024, and is scheduled to be complete this September. Similar to the change orders on Tank B, change order number 4 addresses six (6) separate issues/conditions discovered once the original coating was removed on Tank A. Councilmember Walker MOVED to authorize change order number 4 to the existing Construction Contract with DAMA Industrial, LLC for the City of Kodiak's CT Tanks Painting Improvements Project in the amount of $105,343 with funds coming from Project No. 17- 06/7043 and authorize the City Manager to execute documents on behalf of the City. The roll call vote was Councilmembers Davidson, Haines, Stanford, Walker, Whiddon, and Woods in favor. The motion passed. Page 92 of 114 Discuss Writing A Letter To The State Of Alaska Alcohol And Marijuana Co... Kodiak Island Borough OFFICE of the MANAGER -10: Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 FROM: Aimee Williams, Borough Manager RE: Manager's Report, August 29, 2024 Manager's Department Kodiak Area Leadership Institute (KALI) — The Mayor and Assembly have been invited to attend events taking place on September 12th. Please let me know if you are interested in attending. The deadline to register for the Rural Forum is tomorrow, Friday, August 30, 2024. Joint Use Agreement — The City of Kodiak, Kodiak Island Borough School District, and KIB met earlier in August to discuss the Joint Use Agreement that has been out of date since FY18. Changes were discussed in the meeting and the agreement has been updated and sent to the Superintendent and City Manager for review. If no changes are requested, it will then move to the School Board, City Council, and Assembly for review. Banking — The topic of investments and banking has been added to the September 12, 2024, Work Session. Our finance director will be in attendance for the discussion. Non -Profit Funding — Contracts have been signed and payments went out last week. Public Meeting in Kodiak - Department of Commerce / National Oceanic and Atmospheric Administration / National Marine Fisheries Service meetings September 10 -12, 2024. More information included at the end of the report. Current Recruitments — • General Accountant — An interview was held earlier this week. Page 93 of 114 Community Development Parks and Recreation Committee — The Parks and Recreation Committee met on August 20, 2024, the committee reviewed a draft parks and recreation survey related to current borough parks and recreation facilities. Staff is working to make changes requested by the committee. The survey is expected to go live sometime in the middle of September. Plan 2045 — Staff is currently working to schedule facilities for in-person and virtual meetings as the official kick-off of the PLAN 2045 Comprehensive Plan Project. These first meetings focus on information about the comprehensive plan and the plan development process, including visioning exercises. Community Development will announce the official meeting dates and times in the next manager's report and advertisements around the community. Local Emergency Planning Committee — The borough is advertising open volunteer positions with the Local Emergency Planning Committee. The advertising period will be three weeks and closes on September 9, 2024. Multi -Jurisdiction Multi -Hazard Mitigation Plan — The current draft of the hazard mitigation plan update is currently available for review and comment at https://www.kodiakak.us/757/2024-Hazard-Mitigation-Plan-Update. The comment deadline is September 6, 2024. Assessing Department Field Work — Assessing staff will be doing in-person field inspections in Monashka, Bells Flats, Chiniak, and Pasagshak. The second round of postcards were mailed on August 15. Properties seen as of August 27, 2024 - 624 Senior Citizen / Disable Veteran exemptions — Seven applicants remain to be determined by the PFD and will be processed when the information becomes available. Four additional applicants that did not apply for the PFD have been sent letters and will be processed when the information is received from the applicants. Exemptions — • All exemption applications have been completed by KIB. One exemption applicant has participated in a reconsideration (KIB letter due 9/16) and one applicant is in its appeal/reconsideration period (ends 9/8). Page 94 of 114 One agricultural deferment exemption was applied for by the May 15 deadline but was returned for an incomplete application. The applicant has not provided requested information to date. Tyler Conversion — Assessing continues to run queries for cleanup and is preparing for file transfer. Engineering and Facilities AML/JIA — Staff has participated in a tour of the various KIB facilities and road system schools with the AML/JIA Risk Manager. Architect Visit — • Onsite visit and meetings were conducted for the Hospital Space Study Analysis, and final changes are being competed. Mr. Corey Wall will present the final version after completion and appropriate scheduling on a future agenda. • During the visit, an opportunity was taken to visit East Elementary for further evaluation and consideration specific to design and structural alterations. Borough Building Boiler Installation — • Still Pending - Staff has written to the prime contractor and the electrical subcontractor and requested a factory certified technician be dispatch to the facility at no cost to the KIB to ensure that the ATS is functioning correctly and has no damage to the internal components. Additional generator testing will be conducted during that technician visit. • Contractor has corrected the code violation associated with the installation of fuel lines under an electrical panel box. Fuel piping has been pressure tested, inspected, and approved. • Remaining work has been discussed with the prime contractor including control work, insulation, exterior finish, and final inspection. Women's Bay Playground — Installation is tentatively scheduled to begin on September 9. Anticipate a 2 -week construction period. The contractor and staff are looking forward to this installation for the community. KFRC — • Additional correspondence has occurred with GSA associated with the costs and certification for the required water sampling. Questions have arisen specific to the increased costs. The cost is above the allotted amount due to the quantity of faucets requiring testing and air freight to ensure hold times are met. Page 95 of 114 • Awaiting the follow up reports from the General Services Administration (GSA) representatives specific to the building's fire alarms and sprinkler systems. • Discussions have been held with the General Services Administration (GSA) Awaiting feedback from GSA regarding decontamination system replacement. • The apartment sewage lift station grinder pumps have been ordered and we are awaiting delivery. Lift station is being pumped to ensure sanitation is maintained. • Additional electrical circuits have been priced for GSA consideration to accommodate additional chillers for NOAA. Awaiting approval prior to ordering the work or materials. • E/F Staff has installed the Starlink Satellite antenna at the facility. KIB has been compensated per the estimated cost by NOAA. Old Mental Health Facility — This item has been scheduled for discussion at a future meeting. A site walkthrough and discussion was conducted with the architect during his visit last week. Landfill — • ADEC Solid Waste Inspection on September 18th. • Staff is focused on electric fence clearing and repairs due to incursions by bears to the landfill. Staff has consulted with ADF&G as well. • Staff is continuing to investigate the Compliance Order by Consent (COBC) associated with the storm water violations. • Baler building concrete floor replacement is scheduled for award on September Stn • Parts for major rebuild of the baler strapper have been ordered. • A Fall Commercial Hazardous Waste Event is scheduled for October 1St and 2"d This event will target commercial entities for collection and disposal for hazardous materials. • Equipment radio installation is completed. A new facility antenna is ordered for replacement. Leachate Treatment Plant — • Staff continues to process as much leachate as the plant will allow to reduce the stored quantity. • Staff is researching reseed of the plant or the addition of additional bacteria for a more robust colony for the process. • Staff is researching alternate polymer for better retention and removal of solids in the dewatering process. • Awaiting final shipping dates for the new pump / impeller configuration. Page 96 of 114 KIBSD — Peterson School Roof — • Job is progressing. Metal wall coping is being installed. Some materials were lost in the shipping. New materials ordered. • Contractor has been informed to reduce the materials stored on site as school stat is pending. • Interior cleaning is in progress by the KIBSD staff in preparation for the school opening. • Louvers and actuators are ordered, and installation has been scheduled for next week. Testing of the system will be performed after school hours. Chiniak School — A site visit has been conducted to begin discussion with KIBSD regarding preparation for waterblast and paint of exterior next spring/summer. Siding is in good enough condition for paint preservative. All School Facilities - Town • Additional pavement pothole patching will be evaluated and ordered as required. Snow Removal and Ice Control — Brechan has informed the KIB Staff that they are no longer able to perform snow removal and ice control in the Bayview Service Area and the Monashka Bay Service Area. Staff is preparing specific proposals for these needed services. Anticipate attorney review next week. PKIMC - • PKIMC Staff reported a small fuel oil spill in the boiler room earlier this week. Reported to ADEC Spill Response. Determined to not be large enough for concern. KIB staff requested the event was reported to the City of Kodiak WWTP. • Staff is working on a R&R List for inclusion in the Long Term Care lease discussion. Finance Department Property Taxes — 2024 tax bills are out — if you did not get one, please contact the finance department. For those making a full payment, or missed the August 15th half payment date, the total due must be paid on or before October 15th to avoid additional penalties and interest. For those who made a timely first half payment by August 15th, the final half payment must be paid on or before November 15th to avoid additional penalties and interest. Page 97 of 114 Property Assessment and Taxation Implementation Project - Staff is continuing to meet regularly with Tyler and are in the process of creating a test environment. Prior to moving data to the new environment, we will be working on data cleanup and verification. Current go -live date is June 25, 2025. Staffing - We have interviewed someone for the general accountant position. IT Department Mimecast - Started the process to add an additional layer of security to the kibassembly.org email addresses. Assembly members should have their first round of emails informing them of the changes that are occurring. Security Audit - Initial kickoff meeting has been completed, with a tentative timeline for the audit to be completed by the end of November. Business Continuity and Disaster Recovery - Working on a comprehensive backup and disaster recovery plan and related policies for the Borough. Security - 1. Working on cybersecurity policies for KIB 2. Building a certificate services system for KIB for enterprise wireless redesign. Hardware - 1. Assembly laptops are available for pickup. Need to meet with them individually to migrate files and settings. Software - 1. Completed an analysis of our current Laserfiche by CDI our consultant. Software upgrade to version 11.x planned for next week. 2. Updating our Rockwell LTP monitoring systems and hardware on Thursday September 5th. Will require 2 -hour outage at the Leachate Treatment Plant GIS - Assessing has tasked GIS with reviewing - 7800 property records for accuracy and updating our GIS data. Approximately 250 records left to update. 1. Verify that the legal description is accurate in our records. 2. Check survey records and plat information for the properties and update our GIS systems. 3. Assisting E&F with their digitalization project by scanning large format documents into digital storage 4 Page 98 of 114 Bayside Fire Department Personnel Activity / Professional Development / Training - Recruiting efforts are ongoing and we are happy to announce 5 new potential recruits are engaged with the onboarding and review process. If all facets of the onboarding process are successfully completed, these new members will begin their journey as probationary members of the BFD. We look forward to working & training with our potential new brothers and sisters! Currently the BFD has 2 Engine Co's with 5 members assigned to each,1 Squad Co. with 5 members and 1 Tender Co with 4 Members. Additionally, the department has 10 members assigned to various staff and operational leadership and support roles. Of these 29 members 19 are interior trained and qualified firefighters with all but 5 holding national credentialing as Firefighters. Additionally, 15 hold national credentialing at the EMT level or higher & 7 are certified to the First Responder / Defibrillator level. A reminder to our community that W2 status does not make the competent firefighter, training and culture does. Campus Upgrades and Maintenance — Work continues planning associated with long term stability of the department's ability to complete its mission. Currently assessments of organizational need both in the present moment and long term (25-30 years) are being made and initial actions are taking place to make the most of the wonderful campus we have. Future planning for augmentation of the existing footprint is also ongoing. Issus such as dynamic volunteer staffing models and member retention are priorities in the planning process. Final work is being completed to ready the drill grounds for the kickoff of the Firefighter I & II program starting September 9th. "Stuff to Just Make You Happy" — • The End of Summer Family Picnic was a huge success this past Sunday. Members of the islands fire service (USCG, BFD, KFD) and law enforcement (AST) and their families enjoyed beautiful sunshine and fun at Fort Abercrombie State Park. • Captain Antalik has returned from a successful fishery; this was the first year as a commercial fishing Captain on their own Seiner. Captain Antalik has resumed duties as the Company Office of Engine 10 and Acting Department Mechanic. Lieutenant Bacus has returned after completing post graduate work to earn her PhD. And led a group of undergrads on a 100 -foot schooner across the Atlantic from the BVIs to the Mediterranean. While on board she taught diving, marine biology, and general seamanship. Congratulations to both these fine Fire Officers and welcome home to Kodiak & the BFD! • Continue to check out the BFD social media. Currently Firefighter Chris Glade is running a highlight of each of our Apparatus on Fridays. Lots more to come with that!! Page 99 of 114 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Marine Fisheries Advisory Committee Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of open public meeting. SUMMARY: This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under the SUPPLEMENTARY INFORMATION section below. DATES: The meeting will be held September 10-12, 2024. Daily start and end times are (in Alaska Time):- Tuesday, September 10, 2024 from 9 a.m. to 5:30 p.m.- Wednesday, September 11, 2024 from 8:30 a.m. to 4:45 p.m.- Thursday, September 12, 2024 from 8:30 a.m. to 5:30 p.m. ADDRESSES: The meeting is being held at the Kodiak Area Native Association Marketplace, 111 Rezanof Dr. W, Kodiak, AK 99615. Conference call and webinar access information are available at: https.11www.fisheries.noaa.gov/event/september- 2024-marine-fisheries-advisory-committee-meeting. Public comment may be provided to MAFAC by one of the following methods: (1) submitting written comments in advance of the MAFAC public meeting to katie.zanowicz(cD_noaa._gov, with "September 2024 MAFAC" in the subject line of the email message, or (2) providing oral public comment during the meeting at the time allotted on the posted agenda. FOR FURTHER INFORMATION CONTACT: Katie Zanowicz, MAFAC Assistant, 301- 427-8038, katie.zanowicza_noaa.gov. Supplementary information: As required by section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. appendix 2, notice is hereby given of a meeting of MAFAC. The MAFAC was established by the Secretary of Commerce (Secretary) and, since 1971, advises the Secretary on all living marine resource matters that are the responsibility of the Department of Commerce. The charter, summaries of prior meetings, and MAFAC recommendations and reports are located online at haps://www. fisheries. noaa.gov/topic/partners/marine-fisheries-advisory-committee. Matters To Be Considered: The meeting time and agenda are subject to change. The meeting is convened to hear presentations and discuss policies and guidance on the following topics: climate -ready fisheries and climate impacts to seafood businesses, industry, and communities in Page 100 of 114 Alaska; climate science work in Alaska; equity and environmental justice; and recreational fisheries. MAFAC will also receive other NOAA Fisheries program updates and discuss various administrative and organizational matters. Time and Date The meeting will be held September 10-12, 2024. Conference call and webinar access information are available at: https://www.fisheries. noaa.gov/evenbseptember-2024- marine-fisheries-advisory-committee-meeting. Daily start and end times are noted in the DATES section above. Special Accommodations This meeting is accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Katie Zanowicz, (301) 427- 8038, by August 29, 2024.Dated: August 21, 2024. Heidi Lovett, Designated Federal Officer, Marine Fisheries Advisory Committee, National Marine Fisheries Service. [FR Doc. 2024-19126 Filed 8-23-24; 8:45 am] BILLING CODE 3510-22-P Page 101 of 114 AGENDA ITEM #4.a. Page 102 of 114 AGENDA ITEM #5.a. AUGUST 29, 2024 ELECTIONS UPDATE Voter pamphlets are available on the Borough's website and Facebook page. They will be sent by mail to households of registered voters next week. I was in Anchorage over the weekend and had the opportunity to meet with our new vendor responsible for mailing the ballots to the villages. The distribution of these ballots is expected to occur within the next two weeks. The ballots for the upcoming election have been received, and we have successfully conducted a pretest. A final testing session of the ballots will take place with the staff of the City of Kodiak Clerk's office, and we will configure our machines to Election mode on Wednesday. We will be conducting Election training to the Election workers on September 16 and September 17. The deadline for submitting write-in candidacy filings remains open and will conclude at 3 p.m. on Tuesday, September 24. Acanvassing team has been established for the upcoming local election. The canvassing activities are set to take place on October 9. The certification of the election will occur on October 17, with newly elected officials assuming their roles on Monday, October 21. Candidate forums are scheduled on September 9 and 10. Early voting for the October 1 Municipal Election Will start on Monday, September 16 and it will close on Monday, September 30 Hours: 10 a.m. to 4 p.m. Location: Assembly Chambers Page 1 of 3 Page 103 of 114 AGENDA ITEM #5.a. AUGUST 29, 2024 RECORDS UPDATE ✓ Implemented the new code allowing Records Extension for those records deemed to have administrative value. ✓ Contracts destruction list was distributed to Departments with a return by October 31 date. ✓ Revision of the IT Department's series and deletion of Childcare series on the September 5 agenda. ASSEMBLY AGENDA ITEM REQUESTS ✓ See tracking spreadsheet attached. FY2025 BUDGETS AS OF August 1, 2024 ✓ Legislative Budget — FY2025 at 15% ✓ Clerk's Office Budget — FY2025 at 8% UPCOMING MEETINGS ✓ August 29, Work Session ✓ September 5, Regular Meeting ✓ September 12, Work Session ✓ September 19, Regular Meeting EVENTS CALENDAR ✓ December 9-13, Annual AML Local Government Conference, Anchorage LEAVE Reporting KIBC 2.25.070 No member of the Assembly may absent himself from any regular or special meetings of the assembly except for good cause. An assembly member who is unable to attend a meeting SHALL ADVISE THE Absences CLERK OR THE MAYOR of the contemplated absence. BOARD APPLICATIONS ✓ Kimberly Olson, Solid Waste Advisory Board (Pending) ✓ Notice of Vacancies - Applications are being accepted for the following Board, Committee, and Commission seats that are currently vacant: ■ Architectural and Engineering Review Board/Building Code Board of Appeals —1 Seat ■ Board of Equalization —1 Alternate Seat ■ Bayview Service Area Board — 2 Seats Page 2 of 3 Page 104 of 114 AGENDA ITEM #5.a. AUGUST 29, 2024 ■ Monashka Bay Road Service Area Board - 3 Seats ■ Parks and Recreation Committee - 1 Seat ■ Solid Waste Advisory Board - 1 At -Large Seat and 1 Retail Business Representative Seat • Kodiak Fisheries Development Association - Borough Appointees - Crab Harvester - 1 Seat STAFF TRAINING ✓ Quarterly Safety Training for Borough Employees ✓ September 8-11, Diligent Elevate Training - training includes agenda and boards management, effective meetings and efficiencies, public awareness and engagement, best practices for creating, reviewing, and publishing policies. Attendees: Clerk and Assistant Clerk ✓ October 14-16, ARMA InfoCon 2024, Records Management Training Attendee:Deputy Clerk MISCELLANEOUS ✓ 2025 Assembly Annual Calendar will be presented for approval on October 17 (per Mayor Arndt). ✓ Liquor License Renewal o Aquamarine o Chart Room ✓ Clerk working with the attorney on revising the liquor licenses ordinance. ✓ A review of the Liquor Licenses has uncovered several licenses that we were not previously made aware of. We have created a comprehensive list and are currently collaborating with AMCO to monitor the licenses that are nearing expiration. Attached is a detailed list of the licenses in Kodiak. Page 3 of 3 Page 105 of 114 Trackina for Aaenda Item Request Forms Letter to AMCO Board to revoke 20 Turner 8/16/2024 Peking/Sizzler License 10/15/2024 08/29/24 19 Arndt/Turner 7/29/2024 Legal Opinion on Conflict of Interest NA 08/01/24 Related to nonprofit funding 18 Sharratt 7/25/2024 Policy Decisions on Buildings 9/23/2024 Initial draft received from the 17 Arndt/Sharrat Ordinance Preparation/Legal Opinion Placeholder - Attorney. Being reviewed by the t 6/25/2024 Changes to Liquor Licenses Code 8/24/2024 08/01 Clerk. 2/3 Vote - Ordinance Change to make code Placeholder - Drafted by the Clerk. Sent to the 16 Arndt/Turner 6/25/2024 consistent all throughout 8/24/2024 08/01 Attorney for review. Land Disposal for residential development 15 Whiteside 6/11/2024 Preferred meeting date requested: 06/25/24 8/10/2024 07/11/2024 14 Investment Strategy Waived by Griffin 6/6/2024 Preferred meeting date: 09/12/24 requestor 09/12/24 ORDINANCE NO. FY2024-17 ADOPTED ON MAY 16, 2024 Revision to KIBC 2.125.030 - ARB Code Pending recommendation from 13 Sharratt 2/1/2024 Revisions 02/08/2024 ARB Introduction of ordinance to amend KIBC 12 Sharratt & 3.55. 010 - Management and Account and Whiteside 11/9/2023 3.55.090 - Transient Accomodations *TBS Remove development of CIP from P&Z 11 Smiley 10/19/2023 Authority 10 Griffin 8/21/2023 Service Area Road Maintenance & Snow *TBS Removal Contracts 9 Griffin 8/21/2023 Manager's Spending Authority on Enterprise 12/21/2023 Ordinance FY2024-13- authority Funds changed from $25,000 to $50,000 8 Griffin 8/21/2023 Hospital Facilities Repair and Renewal 2/29/2024 7 Sharratt 8/17/2023 6 Sharratt 8/17/2023 Transfer Station & Requirements for recycling 2/29/2024 5 Sharratt 8/10/2023 Limitinq Air B&B 2/29/2024 4 Turner 8/3/2023 Change of Agenda - Citizens Comments - in 12/21/2023 Mayor would like to leave the room/on phone format as-is 3 Sharratt 7/20/2023 Opening Borough owned lands to auction *TBS 2 Turner 7/20/2023 KIBC 3.35.030 (D) Waiver may only be 12/21/2023 To continue discussion at a later granted for a year date 1 Turner 7/20/2023 Debate Time Limits 12/21/2023 ADOPTED, VETOED *TBS - To be Scheduled AGENDA ITEM #5.a. Currently Active Licenses - Two Year Licenses Number Name Designation Location Address Owner Status 2611 Sizzler Burger & Restaurant/ Kodiak 116 W Rezanof Sook C. Peking Rest. Eating Dr Yun 2024-2025 Place *Temporarily Surrendered 3293 Second Floor Restaurant/ Kodiak 116 W Rezenof Sook C. Last Processed Restaurant Eating Drive Yun 2/17/2020 Place Renewal still to be reviewed by an examiner for 2024- 2025 3458 Aquamarine Cafe & Restaurant/ Kodiak 508 Marine Way Aquamarin Suites Eating e, LLC Place 2022 -2023 - PENDING 5186 Noodles Restaurant/ Kodiak 1247 Mill Bay Crystal, Eating Road LLC Place 2024-2025 85 B & B Bar Beverage Kodiak 326 Shelikof Blue, Inc. Dispensary 2022-2023- 6/9/22 - Last notice received 4346 Bernie's Bar LLC Beverage Kodiak 320 Center Street Bernie's Dispensary Bar LLC 2022-2023 (08/16/22 processed transfer of ownership) Pending application in process. 254 Tropic Lanes & Beverage Kodiak 102 Marine Way BPO Elks Lounge Dispensary Lodge #1772 2023-2024 600 Chart Room Beverage Kodiak 236 W Rezanof Island Dispensary Drive Hotels, Tourism LLC 2024-2025 711 Mecca Lounge Beverage Kodiak 302 Marine Way Mecca Inc Dispensary 2023-2024 Page 108 of 114 Prepared by Nova Javier 8/29/2024 Page 1 4A a c a, a N c to M L W a� m ae rq AGENDA ITEM #5.a. 1040 Shelikof Lodge Beverage Kodiak 211 Thorsheim Rella Mae Dispensary Corporatio n 2024-2025 1061 Henry's Great Beverage Kodiak 512 Marine Way Henry's Alaskan Restaurant Dispensary Great Alaskan 2022 -2023 - Restaurant 12/12/2022 - Last Inc notice received 1155 Tony's Bar Beverage Kodiak 518 Marine Way CNG, Inc. Dispensary 2024-2025 3299 EI Chicano Mexican Beverage Kodiak 402 Marine Way EI Chicano, Restaurant Dispensary Suite 100 Inc. 2023-2024 1211 Village Bar Beverage Kodiak 408 W Marine Wade Ball Dispensary Way Inc 2024-2025 3480 Kodiak Harbor Beverage Kodiak 211 Rezanof W Island Convention Center Dispensary Hotels, LLC 2023-2024 4325 Kodiak Hana Beverage Kodiak 516 E Marine Ocean Restaurant Dispensary Way Enterprises of Alaska 2023-2024 2639 The Rendezvous Beverage Outside 11652 Rezanof Kodiak Dispensary City Way Rendezvou Limits s, Inc 2023-2024 1955 Olds River Inn Beverage Outside Mile 30 Chiniak Circle B, Dispensary City Hwy LLC Limits 2023-2024 4259 Kodiak Island Brewery Kodiak 117 Lower Mill Kodiak Brewing Company Bay Road Island Brewing 2022 -2023 - Company 10/27/2022 - Last LLC notice received 5377 Olds River Inn Brew Pub Outside 32233 Pasagshak Circle B, City Road (Kodiak) LLC Limits 2023-2024 57 American Legion Club Kodiak 318 Center Ave American Post #17 Legion Robert G 2022 -2023 - Blair Post 4/11/2022 - Last #17 notice received Page 109 of 114 Prepared by Nova Javier 8/29/2024 Page 2 AGENDA ITEM #5.a. 364 BPO Elks Lodge Club Kodiak 102 Marine Way BPO Elks #1772 Lodge #1772 2023-2024 1205 V.F.W. Post #7056 Club Outside 8625 Monashka VFW City Bay Rd Katmai Limits Post #7056 2023-2024 5939 Kodiak Island Still Distillery Kodiak 117 Lower Mill Kodiak Bay Road Island Brewing 2022 -2023 - Company 10/27/2022 - Last LLC notice received Kodiak Brown Bear Outdoor Outside T32S R30W TL Karluk Center Recreation City 3601 Camp Island Wilderness 5813 Lodge- Limits Adventures Seasonal ,LLC 2023-2024 Kodiak Raspberry 2022-2023- 5016 Kodiak Raspberry Outdoor Outside Island 11/4/2022 - Last Island Remote Recreation City Iron Creek, Remote notice received - Lodge Lodge Limits Raspberry Island Lodge Inc Active per AMCO 5244 Olds River Inn Package Outside 32233 Pasagshak Circle B, Store City Road LLC Limits 2023-2024 5952 Bells Flats Little Package Outside 11012 W. Bells Flats Store Store City Rezanof Dr. - Unit Little Store Limits B LLC 2023-2024 4044 Liquor Cabinet/Cost Package Kodiak 2161 Mill Bay Rd Liquor Savers Store Cabinet Inc 2023-2024 1156 Tony's Liquor Package Kodiak 518 Marine Way CNG, Inc. Store 2022-2023 2509 Safeway Store Package Kodiak 2685 Mill Bay Safeway #1090 Store Road Inc. 2024-2025 174 Safeway #2522 Package Kodiak 502 Marine Way Safeway Store Inc. 2023-2024 3496 The Odom Wholesale - Outside 5152 Tom Stiles The Odom Corporation General City Rd Bldg B - Bay 1 Corporatio Limits n 2024-2025 Page 110 of 114 Prepared by Nova Javier 8/29/2024 Page 3 AGENDA ITEM #5.a. 4860 Southern Glazer's Wholesale - Outside 5152 Tom Stiles Southern of AK General City Road Bldg B - Glazer's Limits Bay 2 Wine and Spirits of Alaska, LLC 2023-2024 6007 Double Shovel Winery Kodiak 101 Center Ave. Double Cider Kodiak Shovel Cider Company, LLC 2024-2025 Olds River Inn -1 Beverage Dispensary, 1 Brewpub, and 1 Package Store Safeway - 2 package stores Tony's - 1 Beverage Dispensary and 1 Package Store *Temporarily surrendered means the license is active and the license is counted towards the population limits of the local governing body in which it is located but the physical license is surrendered to AMCO and not in use by the licensee. When the licensee is ready to use the license again at the same location, they can reach out to AMCO to get the physical license returned. This, of course, is dependent on each licensee's particular circumstances. 2024-2025 renewal applications have received a letter extending their 2022-2023 licenses until August 2024. Page 111 of 114 Prepared by Nova Javier 8/29/2024 Page 4 AGENDA ITEM #5.a. Nova Javier From: AMCO Local Government Only (CED sponsored) <amco.localgovernmentonly@alaska.gov> Sent: Thursday, August 29, 2024 11:45 AM To: Nova Javier Cc: AMCO Local Government Only (CED sponsored) Subject: RE: Status of Liquor Licenses Hello Nova, Here you go: 85- Active -24-25 renewal application is not yet reviewed. You will receive notice when it is deemed complete. 1061- Active with expiration year of 2024. This will be up for renewal by 12/31/24. 4259- Active with expiration year of 2024. This will be up for renewal by 12/31/24. 57- Active 24-25 renewal application is not yet reviewed. You will receive notice when it is deemed complete. 5939- Active with expiration year of 2024. This will be up for renewal by 12/31/24. I hope this helps. It looks like thee of the licenses above will be up for renewal beginning this October fir the 25-26 renewal. Please let me know if you have any other questions. Thank you, Kristina Serezhenkov Regulations Specialist 2 Alcohol and Marijuana Control Office 550 West 7" Avenue, Suite 1600 Anchorage, Alaska 99501 907-269-0359 1 Page 112 of 114 AGENDA ITEM #5.a. From: Nova Javier <njavier@kodiakak.us> Sent: Thursday, August 29, 202410:38 AM To: AMCO Local Government Only (CED sponsored)<amco.localgovernmentonly@alaska.gov>; AMCO Admin (CED sponsored) <amco.admin@alaska.gov> Subject: Status of Liquor Licenses CAUTION: This email originated from outside the State of Alaska mail system. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, We have yet to receive renewal notifications for the items listed below. Could you kindly provide us with an update regarding their status and any potential reasons for the absence of these notifications? 85 B & B Bar Beverage Kodiak 326 Shelikof Blue, Inc. Alaskan Dispensary Way Great 2022-2023- Restaurant Alaskan 6/9/22 - Last Restaurant ReLast notice received 1061 Henry's Great Beverage Kodiak 512 Marine Henry's Alaskan Dispensary Way Great - Restaurant Alaskan 12/12/2022 - 12/12/ 02 Restaurant ReLast 2022 -2023 - Inc notice I received 4259 Kodiak Island Brewery Kodiak 117 Lower Mill Kodiak Brewing Bay Road Island 2022-2023 - Company Brewing 10/27/2022 - Company Co CoLast 2022 -2023 - LLC notice received 57 American Legion Club Kodiak 318 Center Ave American Post #17 Bay Road Legion 2022 -2023 - Robert G 10/27/2022 - Blair Post 2022 -2023 - #17 4/11/2022 - Last notice received 5939 Kodiak Island Still Distillery Kodiak 117 Lower Mill Kodiak Bay Road Island 2022 -2023 - Brewing 10/27/2022 - Company Last notice LLC received Thank you, Nova Nova M. Javier, MMC Borough Clerk Page 113 of 114 Meeting Type: KODIAK ISLAND BOROUGH Assembly Work Session AGENDA ITEM #9.a. Date: S )ar � 2`I Please PRINT your name legibly Phone number RAT),, Page 114 of 114