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2013-01-17 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 17, 2013, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk () are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. *Regular Meeting of December 20, 2012. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter B. Longevity Awards C. Certificate of Appreciation to Sally Magnuson, American Red Cross Kodiak Chapter Director D. Certificate of Achievement for Excellence in Financial Reporting E. Award for Outstanding Achievement in Popular Annual Financial Reporting 7, CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale, and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Matters. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 1 of 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager. B. Resolutions 1. Resolution No. FY2013 -21 Rescinding Resolution No. FY2013 -12 and Adopting a Revised State Legislative Capital Improvement Projects Priority List for the 2013 Legislative Session. C. Ordinances for Introduction 1. Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To I- Industrial Zoning District. 2. Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision From R1- Single Family Residential Zoning District To UNC- Urban Neighborhood Commercial District (Case 13 -008). D. Other Items — None. 14. BOARD OF ADJUSTMENT A. APPEAL TO THE BOARD OF ADJUSTMENT — An appeal of the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). 15. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Solid Waste Advisory Board Regular Meeting of November 13, 2012. B. Reports Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 2 of 2 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 17, 2013, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *)are considered *to be routine and non - controversial by the Assembly and will be approved by one m f on. There will be no separate e discussion of these items unless an Assembly, mmber so requests, in which case the item will be removed from the Consent Agenda�a'nnd considered in its normal sequence on the agenda. �p 5. APPROVAL OF MINUTES A. *Regular Meeting of December 20, 2012. Aw 1:144 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter B. Longevity Awards t , C. Certificate of Appreciation to Sally Magnuson, Amenca_an,Red Cross Kodiak Chapter Director , D. Certificate!oft`Achievement for Excellenc Financial Reporting E. Award for i Popular Annual Financial Reporting tek e t: 7. CITIZ NENESGOMMENTS =(Limite&to Three Mihutes per Speaker) A. =Agenda Items Scheduled for¢P. ublic Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC'HEARING A. Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchas Sa le, and Transfer Procedures to Make Information About Borough Contracts'More Readily Available to the Public and Other Related Matters. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Number: Local 486 -3231. Page 1 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting December 20, 2012 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, December 20, 2012, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major John Quinn of the Salvation Army. Deputy Presiding Officer Lynch led the Pledge of Allegiance. Present were Deputy Presiding Officer Chris Lynch, Assembly members Carol Austerman, Tuck Bonney, Dave Kaplan, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bud Cassidy, Engineering and Facilities Director Woody Koning, Solid Waste Manager /Environmental Specialist Mike Patterson, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Mayor Selby and Assembly member Griffin who were absent due to personal leave. APPROVAL OF AGENDA AUSTERMAN moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Judi Kidder and Marilyn Guilmet voiced concerns on questions asked of Planning and Zoning Commission applicants regarding potential disagreement of the City Council's position on cases, and that minutes of the meeting at which this occurred were not provided when requested. Clarification was provided that this happened in a City Council Meeting interviewing P &ZC applicants. COMMITTEE REPORTS Assembly member Stutes provided an update on the Southwest Alaska Municipal Conference (SWAMC) board meeting held on December 20, spoke on the upcoming SWAMC annual conference in Anchorage on February 20 -22, 2013, and reported on the recent Kodiak Fisheries Advisory Committee meeting. Kodiak Island Borough Assembly Minutes December 20, 2012 Page 1 UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2013 -12 To Dispose, by Permit or License, to the City of Kodiak a Portion of Land up to 27,720 Square Feet Located on Top of the Active Landfill (1203 Monashka Bay Road East) to Temporarily Produce Class B Compost Until Approximately August 15, 2013. AUSTERMAN moved to adopt Ordinance No. FY2013 -12 in first reading to advance to public hearing at the December 27, 2012 special meeting of the Assembly. The sewage sludge processed through the wastewater treatment plant (biosolids) had been disposed of at the Borough landfill for many years. By a memorandum of agreement (MOA) in 2007, the City and Borough agreed that the landfill would continue to accept biosolids until it interfered with landfill operations. In June 2012 the Borough Manager notified the City Manager that, due to operational difficulties at the active face of the landfill precipitated by the increased volume of biosolids, the Borough would be unable to accept biosolids at the landfill after December 15, 2012. Since that notification was provided, the City had spent a considerable amount of time and resources trying to identify a site as a long -term solution for processing the biosolids into Class A EQ compost. In the interim, the City sought a short term solution to stockpile biosolids using ADEC's approved method, but this required additional transporting and handling at considerable cost to the City. A short term solution was identified consisting of utilizing an area of approximately 27,720 sq. ft. at the landfill for processing biosolids into Class B compost, which then would be disposed of in the landfill to fill voids and for cover material as approved by ADEC. A temporary land use license agreement between the Borough and the City for use of this area at the landfill by the City for processing biosolids into Class B compost would continue the cooperative efforts consistent with the MOA, and offered a short term solution benefiting the community and rate payers while giving the City time to implement a long range plan for processing the biosolids into Class A EQ compost. The land use license agreement would outline issues related to insurance, safety, liability, and indemnification as approved by the Borough Attorney. The license agreement was temporary and would terminate on approximately August 15, 2013. Solid Waste Manager /Environmental Specialist Patterson provided a report on the process being proposed. Deputy Presiding Officer Lynch closed the regular meeting and opened the public hearing. Kodiak Island Borough Assembly Minutes December 20, 2012 Page 3 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes December 20, 2012 Page 5 „dam,'” `„ KODIAK ISLAND BOROUGH ,a 9 k� AGENDA STATEMENT REGULAR MEETING OF: JANUARY 17, 2013 ITEM NO.: 9.A TITLE: Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Matters. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -11 APPROVAL FOR AGEN i , SUMMARY STATEMENT: This Ordinance was requested by Assembly member Tuck Bonney and Assembly member Carol Austerman. The purpose of this ordinance is to amend the code to have the Borough Manager report to the Assembly regarding certain contracts entered into under the Manager's administrative authority, such as unique and professional contracts, change orders, etc. The Assembly's intent in reporting is not to delay or affect the validity of the contract. This ordinance also allows for notices to potential bidders and proposers to be made available by electronic means, as well as by newspaper publication. The privileges and immunities clause of the United States Constitution significantly limits the right of the Borough to grant a contracting preference to local residents or companies and this clarifies that provision. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -11. Kodiak Island Borough Page 1 of 1 1 2 SUBSTITUTED Introduced by: Administrative Official 3 Requested by: Assembly member Bonney 4 VERSION Drafted by: Assembly member Bonney, 5 Assembly member Austerman, 6 Introduced: and Borough 03/2013 7 Public Hearing: 01/17/2013 8 Amended: 9 Adopted: 10 KODIAK ISLAND BOROUGH 11 ORDINANCE NO. FY2013 -11 12 13 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 14 AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 3.30 CONTRACT, 15 PURCHASE, SALE, AND TRANSFER PROCEDURES TO MAKE INFORMATION 16 ABOUT BOROUGH CONTRACTS MORE READILY AVAILABLE TO THE PUBLIC 17 AND OTHER RELATED MATTERS 18 19 WHEREAS, the Kodiak Island Borough has established procedures for entering into 20 contracts for goods and services in a manner intended to be cost - effective for the Borough 21 and fair to all potential contracts; and 22 23 WHEREAS, the procedures set forth in Chapter 3.30 of the Kodiak Island Borough 24 Code should be amended to have the Borough Manager report to the Assembly regarding 25 certain contracts entered into under the Manager's administrative authority, although it is 26 the Assembly's intent that any delay in reporting will not affect the validity of the contract; 27 and 28 29 WHEREAS, notices to potential bidders and proposers should be made available by 30 electronic means, as well as by newspaper publication; and 31 32 WHEREAS, the privileges and immunities clause of the United States Constitution 33 significantly limits the right of the Borough to grant a contracting preference to local 34 residents or companies; and 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH THAT: 38 39 Section 1: This ordinance is of a general and permanent nature and shall become a 40 part of the Kodiak Island Borough Code of Ordinances; 41 42 Section 2: Kodiak Island Borough Code Chapter 3.30 Contract, Purchase, Sale, and 43 Transfer Procedures is hereby amended as follows: 44 45 3.30.010 Contract, purchase and sale and transfer procedure. 46 The manager may carry out any of the following: 47 A. Contract for, purchase, or issue purchase authorizations for all supplies, materials, 48 equipment, and services for the offices, departments, and agencies of the borough; 49 B. Sell surplus, obsolete, or unusable personal property for the offices, department, and 50 agencies of the borough; Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 1 of 7 51 C. Transfer supplies, material, and equipment to or between the offices, departments, 52 and agencies of the borough; or 53 D. Contract for the construction, repair, or improvements of borough facilities. 54 55 3.30.020 Limitation on manager's authority. 56 The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 57 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first 58 obtaining assembly approval with the exception of utility bills, which may be paid without 59 assembly approval. Similar types of work, even if performed in different geographic 60 locations, are considered "in the aggregate" regardless of the project, contract, 61 purchase orders, or change order and require assembly notification if the total 62 payment to one contractor exceeds $25,000 in one fiscal year. The manager will 63 report to the assembly, at its next regular meeting, contracts of $25,000 or less 64 between the borough and a) a member of the assembly, b) an assembly member's 65 immediate family, or c) a business in which the assembly member is associated or 66 has an ownership interest. Immediate family of an assembly member means a 67 parent; sibling; child by blood, adoption, or marriage, spouse; grandparent or 68 grandchild. 69 70 3.30.030 Open market procedures. 71 A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated 72 value in excess of $15,000 but less than $25,000 shall be made in the open market 73 without newspaper advertisement. 74 B. Market purchases, sales, and contracts for over $500.00 shall, whenever possible, be 75 I based on at least two notes and shall be awarded to the lowest 76 responsible bidder, or in the case of a sale, to the highest responsible bidder, except a 77 local preference for purchasing shall be allowed for purchases of $15,000 or less if 78 that bid does not exceed the lowest responsible bid by more than X10 79 percent_. - •- •--- - -_ - -- -•-- - - :—•e - - - -tee. 4 1 1 80 . for purchacos of moro than $15,000 but not moro than 81 $25,000. 82 C. The manager, or authorized designee, may solicit oral or written bids for open market 83 purchases or sales, and shall maintain a record of all bids received. 84 D. The sale of all surplus, obsolete, or unusable personal property shall be advertised by 85 electronic means or in a newspaper of general circulation published -- within the 86 borough unless authorized to the contrary by the assembly. 87 E. The purchase of utilities is exempt from this section. 88 89 3.30.040 Advertising for bids. 90 A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated 91 value of more than $25,000 may be made only after a notice calling for bids issued by 92 electronic means or is printed in a newspaper of general circulation published within 93 the borough once a week for not less than three consecutive weeks prior to the date of 94 the bid opening. The notice shall contain a general description of the property, work, Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 2 of 7 95 or service; state where the bid forms and specifications may be obtained; specify the 96 place for submission of bids and the time by which they must be received. 97 B. The purchase or contract shall be awarded to the lowest responsible bidder, or in the 98 case of a sale to the highest responsible bidder. 99 C. Utilities are exempt from this section. 100 101 3.30.050 Processing of bids. 102 Notwithstanding other provisions of this chapter relating to the award after competitive bid 103 for purchases, sales, and contracts, the borough may: 104 A. Reject defective or nonresponsive bids; 105 B. Waive any irregularities in any and all bids; 106 C. Reject all bids; 107 D. Negotiate with two or more of the lowest bidders, if bid prices are in excess of the 108 money available or authorized, for a reduction in the scope, quality, or quantity of the 109 purchase, service, or contract; or 110 E. Readvertise for bids with or without making changes in the plans or specifications. 111 112 3.30.060 Local preference. 113 The assembly may, in its discretion, direct an award of a contract for the purchase of 114 personal property or services after competitive bidding to a responsible bidder who 115 maintains a business office or store within the borough from which the property or service 116 would be provided, if that bid does not exceed the lowest responsible bid by more than 10 117 percent. 118 119 3.30.070 Exception to bidding requirements. 120 The requirements of this chapter relating to solicitation of competitive bids and award to 121 the lowest responsible bidder shall not apply to: 122 A. Contracts for professional or unique services. The Assembly shall review contracts 123 for professional or unique services such as architects, engineers, surveyors, 124 attorneys, or accountants if the manager recommends exempting the contract 125 from the regular bidding process. Professional services means professional, 126 technical, or consultant's services that are predominately intellectual in 127 character, result in the production of a report or the completion of a task, and 128 include analysis, evaluation, prediction, planning, or recommendation; 129 B. Contracts for property or services necessitated by an emergency, if the delays 130 required for compliance with the bidding requirements would jeopardize the public 131 health or welfare; 132 C. Contracts for audit and insurance services that may be bid at up to five -year intervals; 133 D. Contracts entered into using a competitive sealed proposal process as set forth 134 in KIBC 3.30.110; 135 E. Contracts with a municipality or other political subdivision to the extent authorized by 136 statute with the assembly holding a public hearing on contracts exceeding $100,000; 137 or Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 3 of 7 138 F. Contracts for street improvements involving donated services and materials when the 139 assembly has determined not to create an assessment district and has approved a 140 project. The following steps shall be taken before a proposed contract is submitted to 141 the assembly for approval: 142 1. An applicant shall first submit to the engineering and facilities department director 143 a proposal that fully complies with Chapters 4.45, 16.70, and 16.80 KIBC along 144 with a cost estimate that reasonably describes the value of the services and 145 materials included in the proposal as well as the procedure for addressing any 146 change orders; 147 2. After the engineering and facilities department director accepts the proposal, the 148 applicant shall submit to the borough finance director proof of ability to comply with 149 Chapter 3.65 KIBC; and 150 3. The proposal shall be referred to the applicable road service area board for review 151 and recommendation to the assembly; 152 4. After the borough finance director approves the proposed bonding and a 153 recommendation has been received from any reviewing service area board, the 154 assembly shall hold a public hearing with notice to affected property owners as 155 follows: 156 a. Publication in a newspaper of general circulation in the borough at least once a 157 week for two consecutive weeks prior to the public hearing; 158 b. Mailing at least 15 days before the public hearing to all record owners of 159 property with frontage on the street to be improved. "Record owners" means 160 the person or persons listed as the owner of the property on the current 161 property tax records of the assessor. The notice shall be mailed to the record 162 owner at the address stated in the assessor's tax records; and 163 c. Every notice of a public hearing required by this section shall state the date, 164 time, location, and purpose of the public hearing and shall describe the 165 improvement. The notice shall also state that, if the assembly approves the 166 proposal, no assessment district will be formed and the borough will not 167 participate in the allocation or collection of costs among the respective property 168 owners. 169 5. After the public hearing, the assembly may approve the project, with or without 170 additional conditions. If the assembly approves the project, it shall authorize the 171 manager to execute the contract. 172 173 3.30.080 Lowest responsible bidder. 174 In determining the lowest responsible bidder, the assembly shall may consider: 175 A. The bid price; 176 B. The ability, capacity and skill of the bidder to perform the contract within the time 177 specified; 178 C. The character, integrity, reputation, judgment, and experience of the bidder; and 179 D. The quality of performance of previous contracts; and Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 4 of 7 180 E. If more than one bidder is determined to be responsible using the factors 181 described in A, B, and C, then the responsible bidder with the lowest bid price 182 will be considered to be the lowest responsible bidder. 183 184 3.30.090 Requirements mandatory. 185 Except as provided in KIBC 3.30.110, a purchase, contract, or sale involving 186 expenditure of borough funds or other assets in excess of $25,000 subject to the 187 provisions of this chapter shall not be valid, enforceable or binding upon the borough 188 unless the established requirements have been satisfied and the contract, purchase, or 189 sale approved by the assembly. 190 191 3.30.100 Change orders — Manager authority. 192 The manager, or designee, is authorized, without assembly approval, to enter into change 193 orders with respect to borough senstrustionn projects where the amount of additional 194 expenditure occasioned by the change order or orders does not, in the aggregate, exceed 195 $39 the total amount appropriated for the project, including any of -the 196 designated project contingency. The manager, or designee, shall report monthly to the 197 assembly the nature and amount of such change orders. If tho chango ordor or ordorc 198 - -- .... • --. •- - . _ e : •: .4..--e: , e - -- , -- - -- 199 to ontor into chango ordors with rocpoct to borough projocts whoro tho amount of 200 I additional oxpondituro occasioned by tho chango ordor or ordors doos not, in tho 201 aggrogato, oxcood tho total amount appropriatod for tho projoct. Tho managor, or 202 docignoo, shall roport monthly to tho accombly tho naturo and amount of such chango 203 I orders- Project approval should include a budget for the project that includeds an 204 appropriation of contingency funds. The manager may authorize change orders up 205 I to the appropriated amount of for that project. Change orders of up to 5% in excess 206 of the appropriated project amount, and not exceeding $200,000 for a particular 207 contract, require approval by: 208 A. The mayor and deputy presiding officer; 209 B. The mayor and one assembly member in the absence of the deputy presiding officer 210 C. The deputy presiding officer and one assembly member in the absence of the mayor; 211 or 212 D. Any two assembly members in the absence of the mayor and deputy presiding officer 213 214 I Such approval may be by signature or electronic signature. A change order in 215 excess of $200,000 for a contract or more than 5% in excess of the appropriated 216 I project amount requires assembly approval. 217 218 3.30.105 Circumvention of bidding requirements prohibited. 219 No person shall subdivide an acquisition of supplies, materials, equipment, or services 220 into more than one purchase order, contract, or change order if the acquisition of said 221 items or services would normally, reasonably, and customarily be conducted under a 222 single purchase order, contract, or change order, and if the subdivision has the effect of 223 avoiding or circumventing the competitive bidding requirements, or the limitations on the Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 5 of 7 224 authority to make acquisitions or to award contracts or change orders contained in this 225 chapter. Similar types of work, even if performed in different geographic locations, 226 are considered "in the aggregate" regardless of the project, contract, purchase 227 orders, or change order and require assembly notification if the total payment to 228 one contractor exceeds $25,000 in one fiscal year. 229 230 3.30.110 Competitive sealed proposals — Negotiated procurement. 231 A. If the manager determines that use of competitive sealed bidding is not practicable, 232 the borough may procure supplies, services or construction by competitive sealed 233 proposals under this section. 234 B. The manager shall solicit competitive sealed proposals by issuing a request for 235 proposals. The request for proposals shall state, or incorporate by reference, all 236 specifications and contractual terms and conditions to which a proposal must respond 237 and shall state the factors to be considered in evaluating proposals and the relative 238 importance of those factors. Public notice of a request for proposals shall be given in 239 accordance with KIBC 3.30.040. 240 C. Sealed proposals shall be designated as such on an outer envelope and shall be 241 submitted by mail or in person at the place and no later than the time specified in the 242 request for proposals. Proposals not submitted at the place or within the time so 243 specified shall not be opened or considered. 244 D. Proposals shall be received at the time and place designated in the request for 245 proposals and shall be opened so as to avoid disclosing their contents to competing 246 proponents during the process of negotiation. Proposals and tabulations thereof shall 247 be open to public inspection only after the contract award. 248 E. In the manner provided in the request for proposals, the manager may negotiate with 249 those responsible proponents whose proposals are determined by the manager to be 250 reasonably responsive to the request for proposals. Negotiations shall be used to 251 clarify and assure full understanding of the requirements of the request for proposals. 252 The manager may permit proponents to revise their proposals after submission and 253 prior to award to obtain best and final offers. Proponents deemed eligible for 254 negotiations shall be treated equally regarding any opportunity to discuss and revise 255 proposals. In conducting negotiations or requesting revisions, neither the manager nor 256 any other borough director or employee shall disclose any information derived from 257 proposals of competing proponents. 258 F. Awards shall be made by written notice to the responsible proponent whose final 259 proposal is determined to be most advantageous to the borough. No criteria other than 260 those set forth in the request for proposals may be used in proposal evaluation. If the 261 manager determines that it is in the best interest of the borough to do so, the borough 262 may reject all proposals. 263 264 3.30.115 Delinquency. 265 A. The borough shall not award a contract or purchase order to any person, corporation, 266 or other business entity who is delinquent in paying (1) any tax levied by the borough; 267 (2) any special assessment levied by the borough; (3) any charge for utility or Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 6 of 7 268 municipal waste services; or (4) any other borough fee due under the code, unless the 269 person, corporation, or other business entity cures the delinquency within 30 days 270 after the mailing of written notice of the delinquency. In the case of a closely held 271 business, this prohibition shall also apply to the delinquency of their legal principals or 272 officers. For purposes of this section, a payment shall be considered "delinquent" 273 when it is not made on or before the applicable deadline established by the Kodiak 274 Island Borough Code, or by written notice if the code does not establish a deadline, or, 275 if the code does not establish a deadline and a deadline is not established in a written 276 notice, within 60 days of the mailing of written notice that the payment is due. 277 B. The borough may terminate any contract or purchase order if the person, corporation, 278 or other business entity and, in the case of a closely held business, their legal 279 principals or officers, becomes delinquent in payment of any of the items listed in 280 subsection (A) of this section, unless the delinquency is cured within 30 days after 281 mailing of written notice as above. 282 C. The borough may deduct from any amount otherwise due the person, corporation, or 283 other business entity and, in the case of a closely held business, their legal principals 284 or officers under any contract or purchase order an amount equal to the total of all 285 such delinquent amounts that the contractor owes for (1) taxes levied by the borough; 286 (2) special assessments levied by the borough; (3) charges for borough utility or 287 municipal waste services; and (4) other borough fees due under the code. 288 D. Nothing in this section shall prevent any person, corporation, or other business entity 289 and, in the case of a closely held business, their legal principals or officers from 290 paying under protest any tax, special assessment, utility or municipal waste charge, or 291 other borough fee, or pursuing appropriate judicial or administrative action to contest 292 or recover any such tax, assessment, charge or fee. 293 E. For purposes of this section, the term "closely held business" shall mean a 294 corporation, limited liability company or other business entity which has less than five 295 unrelated (by blood or marriage) owners. 296 297 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 298 THIS DAY OF 2013 299 300 KODIAK ISLAND BOROUGH 301 302 303 304 ATTEST: Jerome M. Selby, Borough Mayor 305 306 307 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 7 of 7 1 2 Introduced by: Administrative Official 3 Requested by: Assembly member Bonney 4 Drafted by: Assembly member Bonney, Assembly member Austerman, 5 6 Introduced: and Borough 03/2013 7 Public Hearing: 01/17/2013 8 Adopted: 9 10 KODIAK ISLAND BOROUGH 11 ORDINANCE NO. FY2013 -11 12 13 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 14 AMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 3.30 CONTRACT, 15 PURCHASE, SALE, AND TRANSFER PROCEDURES TO MAKE INFORMATION 16 ABOUT BOROUGH CONTRACTS MORE READILY AVAILABLE TO THE PUBLIC 17 AND OTHER RELATED MATTERS 18 19 WHEREAS, the Kodiak Island Borough has established procedures for entering into 20 contracts for goods and services in a manner intended to be cost - effective for the Borough 21 and fair to all potential contracts; and 22 23 WHEREAS, the procedures set forth in Chapter 3.30 of the Kodiak Island Borough 24 Code should be amended to have the Borough Manager report to the Assembly regarding 25 certain contracts entered into under the Manager's administrative authority, although it is 26 the Assembly's intent that any delay in reporting will not affect the validity of the contract; 27 and 28 29 WHEREAS, notices to potential bidders and proposers should be made available by 30 electronic means, as well as by newspaper publication; and 31 32 WHEREAS, the privileges and immunities clause of the United States Constitution 33 significantly limits the right of the Borough to grant a contracting preference to local 34 residents or companies; and 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH THAT: 38 39 Section 1: This ordinance is of a general and permanent nature and shall become a 40 part of the Kodiak Island Borough Code of Ordinances; 41 42 Section 2: Kodiak Island Borough Code Chapter 3.30 Contract, Purchase, Sale, and 43 Transfer Procedures is hereby amended as follows: 44 45 3.30.010 Contract, purchase and sale and transfer procedure. 46 The manager may carry out any of the following: 47 A. Contract for, purchase, or issue purchase authorizations for all supplies, materials, 48 equipment, and services for the offices, departments, and agencies of the borough; 49 B. Sell surplus, obsolete, or unusable personal property for the offices, department, and 50 agencies of the borough; Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 1 of 7 51 C. Transfer supplies, material, and equipment to or between the offices, departments, 52 and agencies of the borough; or 53 D. Contract for the construction, repair, or improvements of borough facilities. 54 55 3.30.020 Limitation on manager's authority. 56 The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 57 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first 58 obtaining assembly approval with the exception of utility bills, which may be paid without 59 assembly approval. Similar types of work, even if performed in different geographic 60 locations, are considered "in the aggregate" regardless of the project, contract, 61 purchase orders, or change order and require assembly notification if the total 62 payment to one contractor exceeds $25,000 in one fiscal year. The manager will 63 report to the assembly, at its next regular meeting, contracts of $25,000 or less 64 between the borough and a) a member of the assembly, b) an assembly member's 65 immediate family, or c) a business in which the assembly member is associated or 66 has an ownership interest. Immediate family of an assembly member means a 67 parent; sibling; child by blood, adoption, or marriage, spouse; grandparent or 68 grandchild. 69 70 3.30.030 Open market procedures. 71 A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated 72 value in excess of $15,000 but less than $25,000 shall be made in the open market 73 without newspaper advertisement. 74 B. Market purchases, sales, and contracts for over $500.00 shall, whenever possible, be 75 I based on at least two sempetitive -bids- quotes and shall be awarded to the lowest 76 responsible bidder, or in the case of a sale, to the highest responsible bidder, except a 77 local preference for purchasing shall be allowed for purchases of $15,000 or less if 78 that bid does not exceed the lowest responsible bid by more than net --to- exceed 79 24-10 percent. of tho purchaco prico for purchacos of $15,000 or loss and not to 80 oxcood 10 porcont of tho purchaso prico. for purchacos of moro than $15,000 but not 81 82 C. The manager, or authorized designee, may solicit oral or written bids for open market 83 purchases or sales, and shall maintain a record of all bids received. 84 D. The sale of all surplus, obsolete, or unusable personal property shall be advertised by 85 electronic means or in a newspaper of general circulation min the 86 borough unless authorized to the contrary by the assembly. 87 E. The purchase of utilities is exempt from this section. 88 89 3.30.040 Advertising for bids. 90 A. Purchases, sales, or contracts authorized by KIBC 3.30.010 having an estimated 91 value of more than $25,000 may be made only after a notice calling for bids issued by 92 electronic means or is printed in a newspaper of general circulation published- within 93 the borough once a week for not less than three consecutive weeks prior to the date of 94 the bid opening. The notice shall contain a general description of the property, work, Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 2 of 7 95 or service; state where the bid forms and specifications may be obtained; specify the 96 place for submission of bids and the time by which they must be received. 97 B. The purchase or contract shall be awarded to the lowest responsible bidder, or in the 98 case of a sale to the highest responsible bidder. 99 C. Utilities are exempt from this section. 100 101 3.30.050 Processing of bids. 102 Notwithstanding other provisions of this chapter relating to the award after competitive bid 103 for purchases, sales, and contracts, the borough may: 104 A. Reject defective or nonresponsive bids; 105 B. Waive any irregularities in any and all bids; 106 C. Reject all bids; 107 D. Negotiate with two or more of the lowest bidders, if bid prices are in excess of the 108 money available or authorized, for a reduction in the scope, quality, or quantity of the 109 purchase, service, or contract; or 110 E. Readvertise for bids with or without making changes in the plans or specifications. 111 112 3.30.060 Local preference. 113 The assembly may, in its discretion, direct an award of a contract for the purchase of 114 personal property or services after competitive bidding to a responsible bidder who 115 maintains a business office or store within the borough from which the property or service 116 would be provided, if that bid does not exceed the lowest responsible bid by more than 10 117 percent. 118 119 3.30.070 Exception to bidding requirements. 120 The requirements of this chapter relating to solicitation of competitive bids and award to 121 the lowest responsible bidder shall not apply to: 122 A. Contracts for professional or unique services. The Assembly shall review contracts 123 for professional or unique services such as architects, engineers, surveyors, 124 attorneys, or accountants if the manager recommends exempting the contract 125 from the regular bidding process. Professional services means professional, 126 technical, or consultant's services that are predominately intellectual in 127 character, result in the production of a report or the completion of a task, and 128 include analysis, evaluation, prediction, planning, or recommendation; 129 B. Contracts for property or services necessitated by an emergency, if the delays 130 required for compliance with the bidding requirements would jeopardize the public 131 health or welfare; 132 C. Contracts for audit and insurance services that may be bid at up to five -year intervals; 133 D. Contracts entered into using a competitive sealed proposal process as set forth 134 in KIBC 3.30.110; 135 E. Contracts with a municipality or other political subdivision to the extent authorized by 136 statute with the assembly holding a public hearing on contracts exceeding $100,000; 137 or Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 3 of 7 138 F. Contracts for street improvements involving donated services and materials when the 139 assembly has determined not to create an assessment district and has approved a 140 project. The following steps shall be taken before a proposed contract is submitted to 141 the assembly for approval: 142 1. An applicant shall first submit to the engineering and facilities department director 143 a proposal that fully complies with Chapters 4.45, 16.70, and 16.80 KIBC along 144 with a cost estimate that reasonably describes the value of the services and l45 materials included in the proposal as well as the procedure for addressing any 146 change orders; 147 2. After the engineering and facilities department director accepts the proposal, the 148 applicant shall submit to the borough finance director proof of ability to comply with 149 Chapter 3.65 KIBC; and 150 3. The proposal shall be referred to the applicable road service area board for review 151 and recommendation to the assembly; 152 4. After the borough finance director approves the proposed bonding and a 153 recommendation has been received from any reviewing service area board, the 154 assembly shall hold a public hearing with notice to affected property owners as 155 follows: 156 a. Publication in a newspaper of general circulation in the borough at least once a 157 week for two consecutive weeks prior to the public hearing; 158 b. Mailing at least 15 days before the public hearing to all record owners of 159 property with frontage on the street to be improved. "Record owners" means 160 the person or persons listed as the owner of the property on the current 161 property tax records of the assessor. The notice shall be mailed to the record 162 owner at the address stated in the assessor's tax records; and 163 c. Every notice of a public hearing required by this section shall state the date, 164 time, location, and purpose of the public hearing and shall describe the 165 improvement. The notice shall also state that, if the assembly approves the 166 proposal, no assessment district will be formed and the borough will not 167 participate in the allocation or collection of costs among the respective property 168 owners. 169 5. After the public hearing, the assembly may approve the project, with or without 170 additional conditions. If the assembly approves the project, it shall authorize the 171 manager to execute the contract. 172 173 3.30.080 Lowest responsible bidder. 174 In determining the lowest responsible bidder, the assembly shall may consider: 175 A. The bid price; 176 B. The ability, capacity and skill of the bidder to perform the contract within the time 177 specified; 178 C. The character, integrity, reputation, judgment, and experience of the bidder; aid 179 D. The quality of performance of previous contracts; and Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 4 of 7 180 E. If more than one bidder is determined to be responsible using the factors 181 described in A, B, and C, then the responsible bidder with the lowest bid price 182 will be considered to be the lowest responsible bidder. 183 184 3.30.090 Requirements mandatory. 185 Except as provided in KIBC 3.30.110, a purchase, contract, or sale involving 186 expenditure of borough funds or other assets in excess of $25,000 subject to the 187 provisions of this chapter shall not be valid, enforceable or binding upon the borough 188 unless the established requirements have been satisfied and the contract, purchase, or 189 sale approved by the assembly. 190 191 3.30.100 Change orders — Manager authority. 192 The manager, or designee, is authorized, without assembly approval, to enter into change 193 orders with respect to borough seastwstien projects where the amount of additional 194 expenditure occasioned by the change order or orders does not, in the aggregate, exceed 195 $39,000 the total amount of the designated project contingency. The manager, or 196 designee, shall report monthly to the assembly the nature and amount of such change 197 orders. • - - - - - - - - -- - - • .. .999 --- •- - - - 198 The Manager, or designee, is authorized to enter into change orders with respect to 199 borough projects where the amount of additional expenditure occasioned by the 200 I change order or orders does not, in the aggregate, exceed the total amount 201 appropriated for the project. The manager, or designee, shall report monthly to the 202 assembly the nature and amount of such change orders. Project approval should 203 I include a budget for the project that includeds an appropriation of contingency 204 funds. The manager may authorize change orders up to the appropriated amount 205 I offor that project. Change orders of up to 5% in excess of the appropriated project 206 amount, and not exceeding $200,000 for a particular contract, require approval by: 207 A. The mayor and deputy presiding officer; 208 B. The mayor and one assembly member in the absence of the deputy presiding officer 209 C. The deputy presiding officer and one assembly member in the absence of the mayor; 210 or 211 D. Any two assembly members in the absence of the mayor and deputy presiding officer 212 213 I Such approval may be by signature or electronic signature. A Change order in 214 excess of $200,000 for a contract or more than 5% in excess of the appropriated 215 I project amount requires assembly approval. 216 217 3.30.105 Circumvention of bidding requirements prohibited. 218 No person shall subdivide an acquisition of supplies, materials, equipment, or services 219 into more than one purchase order, contract, or change order if the acquisition of said 220 items or services would normally, reasonably, and customarily be conducted under a 221 single purchase order, contract, or change order, and if the subdivision has the effect of 222 avoiding or circumventing the competitive bidding requirements, or the limitations on the 223 authority to make acquisitions or to award contracts or change orders contained in this Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 5 of 7 224 chapter. Similar types of work, even if performed in different geographic locations, 225 are considered "in the aggregate" regardless of the project, contract, purchase 226 orders, or change order and require assembly notification if the total payment to 227 one contractor exceeds $25,000 in one fiscal year. 228 229 3.30.110 Competitive sealed proposals — Negotiated procurement. 230 A. If the manager determines that use of competitive sealed bidding is not practicable, 231 the borough may procure supplies, services or construction by competitive sealed 232 proposals under this section. 233 B. The manager shall solicit competitive sealed proposals by issuing a request for 234 proposals. The request for proposals shall state, or incorporate by reference, all 235 specifications and contractual terms and conditions to which a proposal must respond 236 and shall state the factors to be considered in evaluating proposals and the relative 237 importance of those factors. Public notice of a request for proposals shall be given in 238 accordance with KIBC 3.30.040. 239 C. Sealed proposals shall be designated as such on an outer envelope and shall be 240 submitted by mail or in person at the place and no later than the time specified in the 241 request for proposals. Proposals not submitted at the place or within the time so 242 specified shall not be opened or considered. 243 D. Proposals shall be received at the time and place designated in the request for 244 proposals and shall be opened so as to avoid disclosing their contents to competing 245 proponents during the process of negotiation. Proposals and tabulations thereof shall 246 be open to public inspection only after the contract award. 247 E. In the manner provided in the request for proposals, the manager may negotiate with 248 those responsible proponents whose proposals are determined by the manager to be 249 reasonably responsive to the request for proposals. Negotiations shall be used to 250 clarify and assure full understanding of the requirements of the request for proposals. 251 The manager may permit proponents to revise their proposals after submission and 252 prior to award to obtain best and final offers. Proponents deemed eligible for 253 negotiations shall be treated equally regarding any opportunity to discuss and revise 254 proposals. In conducting negotiations or requesting revisions, neither the manager nor 255 any other borough director or employee shall disclose any information derived from 256 proposals of competing proponents. 257 F. Awards shall be made by written notice to the responsible proponent whose final 258 proposal is determined to be most advantageous to the borough. No criteria other than 259 those set forth in the request for proposals may be used in proposal evaluation. If the 260 manager determines that it is in the best interest of the borough to do so, the borough 261 may reject all proposals. 262 263 3.30.115 Delinquency. 264 A. The borough shall not award a contract or purchase order to any person, corporation, 265 or other business entity who is delinquent in paying (1) any tax levied by the borough; 266 (2) any special assessment levied by the borough; (3) any charge for utility or 267 municipal waste services; or (4) any other borough fee due under the code, unless the Kodiak Island Borough, Alaska Resolution No. FY2013 -11 Page 6 of 7 268 person, corporation, or other business entity cures the delinquency within 30 days 269 after the mailing of written notice of the delinquency. In the case of a closely held 270 business, this prohibition shall also apply to the delinquency of their legal principals or 271 officers. For purposes of this section, a payment shall be considered "delinquent" 272 when it is not made on or before the applicable deadline established by the Kodiak 273 Island Borough Code, or by written notice if the code does not establish a deadline, or, 274 if the code does not establish a deadline and a deadline is not established in a written 275 notice, within 60 days of the mailing of written notice that the payment is due. 276 B. The borough may terminate any contract or purchase order if the person, corporation, 277 or other business entity and, in the case of a closely held business, their legal 278 principals or officers, becomes delinquent in payment of any of the items listed in 279 subsection (A) of this section, unless the delinquency is cured within 30 days after 280 mailing of written notice as above. 281 C. The borough may deduct from any amount otherwise due the person, corporation, or 282 other business entity and, in the case of a closely held business, their legal principals 283 or officers under any contract or purchase order an amount equal to the total of all 284 such delinquent amounts that the contractor owes for (1) taxes levied by the borough; 285 (2) special assessments levied by the borough; (3) charges for borough utility or 286 municipal waste services; and (4) other borough fees due under the code. 287 D. Nothing in this section shall prevent any person, corporation, or other business entity 288 and, in the case of a closely held business, their legal principals or officers from 289 paying under protest any tax, special assessment, utility or municipal waste charge, or 290 other borough fee, or pursuing appropriate judicial or administrative action to contest 291 or recover any such tax, assessment, charge or fee. 292 E. For purposes of this section, the term "closely held business" shall mean a 293 corporation, limited liability company or other business entity which has less than five 294 unrelated (by blood or marriage) owners. 295 296 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 297 THIS DAY OF 2013 298 299 KODIAK ISLAND BOROUGH 300 301 302 303 ATTEST: Jerome M. Selby, Borough Mayor 304 305 306 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2013 - 11 Page 7 of 7 M `C° KODIAK ISLAND BOROUGH � a,; ` - '° �' ` AGENDA STATEMENT REGULAR MEETING OF: JANUARY 17, 2013 ITEM NO.: 13.A.1 TITLE: Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager. ORIGINATOR: Borough Clerk FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Draft Contract No. FY2013 -14 APPROVAL FOR AGENDA: 4 L SUMMARY STATEMENT: Provided to the Assembly in this packet is a DRAFT version of the contract. RECOMMENDED MOTION: Move to approve Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager. t. y . a:a _ 'k Island Borough Page 1 of 1 f e r z , r°•' Co n rc c r tic, f`I :201314 EMPLOYMENT CONTRACT THIS AGREEMENT is made and entered into this day of January, 2013, between the Kodiak Island Borough Assembly (hereinafter Borough) and Charles E. "Bud" Cassidy, Jr., (hereinafter Manager). WHEREAS, Borough wishes to employ the services of Charles E. "Bud" Cassidy, Jr., as Manager of the Kodiak Island Borough; and WHEREAS, Borough and Manager desire to provide for certain procedures, benefits, and requirements regarding the employment of Manager by Borough; and WHEREAS, Manager wishes to accept employment as Manager of said Borough; and NOW, THEREFORE, Borough and Manager agree to the following terms and conditions: Section 1: Duties and Nature of Employment. A. Borough hereby agrees to employ Manager, and Manager agrees to be employed by Borough, in the position of Borough Manager. Manager is an at -will employee who serves at the pleasure of the Borough Assembly. Manager, as an administrative and /or executive employee of the legislative branch of Borough government, is entitled to all fringe benefits provided to any other Borough administrative and /or executive employee, and, therefore, Manager is not entitled to receive overtime compensation. B. Manager shall perform all duties and functions assigned to Manager by law, and such other legally permissible and proper duties and functions as the Borough Assembly shall from time to time prescribe. Section 2: Contract Term and Notice Requirements. While this is an at -will employment contract, both parties anticipate that it shall be in effect for three (3) years, January _ , 2013, through January , 2016, with a ninety (90) day notice, by either party, to renew or not renew said contract by mutual consent. Section 3: Salary and Benefits. A. Borough agrees to pay Manager for his services, payable in installments at the same time as other employees of the Borough, at the initial rate of One Hundred Twenty - Five and 00/100 Dollars ($125,000) annually. Borough Manager Employment Contract Page 1 of 6 B. Manager's performance shall be reviewed, in executive session, six (6) months after the effective date of the agreement and the Manager's salary will be adjusted to One Hundred Thirty Thousand and 00/100 Dollars ($130,000) annually upon mutual review and determination of satisfactory job performance. C. Manager's performance shall be reviewed, in executive session, twelve (12) months after the effective date of the agreement and the Manager's annual salary will be adjusted to One Hundred Thirty -Five Thousand and 00/100 Dollars ($135,000) annually upon mutual review and determination of satisfactory job performance. D. Manager's performance shall be reviewed, in executive session, twenty -four (24) months after the effective date of the agreement and the Manager's annual salary will be adjusted to One Hundred Forty Thousand and 00/100 Dollars ($140,000) annually upon mutual review and determination of satisfactory job performance. E. Subsequent performance reviews shall take place in executive session at the request of the Assembly or Manager, but no less than annually on or before the Manager's anniversary date. F. Manager shall accrue annual leave of thirty (30) days annually with thirty (30) days provided in advance upon the start date of this contract and each anniversary date for the life of the contract. Annual leave can be accrued from year to year with a maximum accrual limit of one hundred (100) days (800 hours) and no limit on cash out but the Manager must take at least eighty (80) hours of leave annually. Annual leave use of more than five (5) days shall be noticed to the assembly at least two (2) weeks in advance, except in an emergency G. Sick leave, health insurance, life insurance, disability insurance, workers' compensation insurance, jury duty, holidays, and contributions to the Alaska Public Employees Retirement System will be provided to Manager in accordance with the Kodiak Island Borough Personnel Manual, as provided for all other employees except that the Borough shall pay 100% of the cost of health insurance for Manager and his family. Borough will pay for annual physical if not covered by health insurance. H. Except to the extent specifically referenced to in this Agreement, provisions of the Kodiak Island Borough Personnel Manual are not applicable to Manager's personnel status as a Borough employee. I. Borough will provide an automobile for Manager's business use only, including commuting to /from work. Borough will provide gas, oil, maintenance, and liability insurance. • Borough Manager Employment Contract Page 2 of 6 Section 4: Termination of Employment and Severance Pay. A. The Borough Assembly may terminate Manager at any time, for any reason or for no reason, by delivering to Manager written notice of termination. 1. Termination for other than good cause: a. In the event of termination other than for good cause, Borough shall pay to Manager as severance pay an amount equal to six (6) month's salary plus one additional month for each year of service to the Borough as Manager. Manager shall also be compensated for all accrued annual leave. In lieu of severance pay in the event of termination for other than good cause, Manager may exercise the option provided in paragraph 4.A.1.b immediately below. b. In the event of termination for other than good cause during the three (3) year term of this contract, unless otherwise agreed, Manager retains the right to return to the position of the Director of the Community Development Department at the same salary including all cost of living adjustments as though the Manager had never vacated his Community Development Department position with no loss in pay benefits or longevity for his time served as Manager. 2. Termination for good cause: a. In the event Manager is terminated for good cause, Borough shall not pay severance pay to Manager; however, Manager shall be compensated for all accrued annual leave. b. In the event of termination of Manager for good cause during the three (3) year term of this contract, Manager retains the right to return to the position of the Director of the Community Development Department at the same salary including all cost of living adjustments as though the Manager had never vacated the position with no loss in pay benefits or longevity for his time served as Manager. B. Manager may voluntarily resign his employment as Borough Manager at any time, for any reason or for no reason, by delivering to the Borough Assembly notice of resignation at least (90) days prior to the effective date of resignation, unless the parties agree otherwise. If Manager voluntarily resigns, Borough will not be obligated to pay severance pay to Manager. If the Manager voluntarily resigns, Manager may exercise the option to return to his former position as provided in paragraph 4.A.1.b. above. Borough Manager Employment Contract Page 3 of 6 • C. For the purpose of this section, the term "good cause" shall mean: 1. A willful breach, disregard, or gross neglect of the duties assigned to the Manager by law or by the Borough Assembly, or incompetence, which is defined as the inability or the intentional failure to perform the manager's duties in a satisfactory manner. However, termination for incompetence will require written notice and reasonable time allowed, along with appropriate resources provided, to affect a remedy. 2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough. 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as a felony or a misdemeanor that tends to reflect dishonesty. Section 5: Conditions of Employment. Manager shall receive the salary and benefits, and shall work under the terms and conditions, specified in this document during the three year term of this contract with a ninety (90) day notice by either party to renew or not renew by mutual consent after that time. Section 6: Dues and Subscriptions. Borough agrees to budget and to pay the dues of Manager for membership in professional and civic organizations and subscriptions of Manager necessary for his continuation and full participation in national, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Borough, as budgeted /approved by the Borough Assembly. Section 7: Professional Development. A. Borough hereby agrees to budget and pay the travel and subsistence expenses of Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of Manager and to adequately pursue necessary official and other functions for Borough, including, but not limited to, the Alaska Municipal Managers Association (AMMA) and the International City /County Management Association (ICMA). B. Manager, while traveling out of town on official business, will be reimbursed for reasonable expenses by Borough. Borough will provide for and /or reimburse Manager for transportation costs and other costs incidental to such travel, and of a Borough Manager Employment Contract Page 4 of 6 normal and necessary nature. Such expenses would include: hotel rooms, auto • rental, taxi fare, meals and telephone. This section applies to short courses, institutes, and seminars that are necessary for his professional development and for the good of Borough, as budgeted by the Borough Assembly along with all other Borough related travel. Section 8: Indemnification. A. Borough agrees to defend, save and hold harmless, and indemnify Manager against any tort claim, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by Manager arising out of the course and scope of his employment; provided, however, that the aforementioned obligation of Borough shall not extend to claims based on the following acts of misconduct: 1. A willful breach, disregard, or gross neglect of duties requested of Manager by the Borough Assembly formally communicated to Manager or required to be performed by Manager hereunder or under the ordinances of the Kodiak Island Borough and the laws of the United States of America and the State of Alaska; 2. Any conduct of Manager bringing public embarrassment or ridicule to Borough; or 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as any felony involving moral turpitude or a crime, which reflects dishonesty. B. Borough will defend, compromise, or settle any such claim or suit and pay the amount of settlement or judgment rendered thereon. Section 9: General Provisions. A. This Agreement shall constitute the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs -at -law and executors of Manager. C. This Agreement shall be in effect for three (3) years or until Manager resigns or is terminated under the provisions of Section 4, above. D. If any provision, or any portion thereof, contained in this agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this agreement, or any portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. Borough Manager Employment Contract Page 5 of 6 Section 10: No Reduction of Benefits; Good Faith and Fair Dealing. A. Borough shall not at any time during the term of employment with this agreement reduce the salary, compensation, or other financial benefits to Manager. B. All contract provisions shall be subject to good faith and fair dealing. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day of January, 2011 KODIAK ISLAND BOROUGH BOROUGH MANAGER JEROME SELBY, Borough Mayor Charles E. "Bud" Cassidy, Jr. Date: , 2013 Date: , 2013 Borough Manager Employment Contract Page 6 of 6 C'- dooi - o5 4f/Vd4o( y/ /5 /2oo EMPLOYMENT CONTRACT THIS AGREEMENT is made and entered into this twentieth day of April, 2001 between the Kodiak Island Borough (hereinafter "Borough ") and Patrick S. Carlson (hereinafter "Manager "). WHEREAS, Borough wishes to employ the services of Patrick S. Carlson as Manager of the Kodiak Island Borough; and WHEREAS, Borough and Manager desire to provide for certain procedures, benefits, and requirements regarding the employment of Manager by Borough; and WHEREAS, Manager wishes to accept employment as Manager of said Borough; and NOW, THEREFORE, Borough and Manager agree to the following terms and conditions: Section 1: Duties and Nature of Employment. A. Borough hereby agrees to employ Manager, and Manager agrees to be employed by Borough, in the position of Borough Manager. Manager is an at -will employee who serves at the pleasure of the Borough Assembly. Manager, as an administrative and/or executive employee of the legislative branch of Borough government, is entitled to all fringe benefits provided to any other Borough administrative and/or executive employee, and, therefore, Manager is not entitled to receive overtime compensation. B. Manager shall perform all duties and functions assigned to Manager by law, and such other legally permissible and proper duties and functions as the Borough Assembly shall from time to time prescribe. Section 2: Contract Term and Notice Requirements. A. While this is an "at will" employment contract, both parties anticipate that it shall be in effect for three (3) years, April 20, 2001 through April 19, 2004 with a ninety (90) day notice, by either party, to renew or not renew said contract by mutual consent after the three (3) years. Section 3: Signing Bonus. A. Fifteen (15) days (one hundred and twenty (120) hours) of leave shall be added to Manager's annual leave account upon execution of this contract. Borough Manager Employment Contract Page 1 of 5 Section 4: Salary and Benefits. A. Borough agrees to pay Manager for his services, payable in installments at the same time as other employees of the Borough, under the following schedule: Apr 20, 2001 - Oct 19, 2001 $85,000 annually Oct 20, 2001 - Apr 19, 2002 $88,500 annually Apr 20, 2002 - Apr 19, 2003 592,000 annually Apr 20, 2003 - Apr 19, 2004 S95,000 annually Manager's performance shall be reviewed, in executive session, six (6) months after the effective date of the Agreement. Subsequent performance reviews shall take place in executive session at the request of the Assembly or Manager. B. Manager shall maintain his current level of leave accrual of 2 -1/2 days per pay period (30 days) annually. C. Annual leave can be accrued from year to year with a maximum accrual limit of seventy -five (75) working days (600 hours). D. Sick leave, health insurance, life insurance, and contributions to the Alaska Public Employees Retirement System will be provided to Manager in accordance with the Kodiak Island Borough Personnel Manual, as provided for all other employees. E. Manager shall receive a car allowance of $250 per month during the term of this agreement. . F. Except to the extent specifically referenced to in this Agreement, provisions of the Kodiak Island Borough Personnel Manual are not applicable to Manager's personal status as a Borough employee. Section 5: Termination of Employment, Severance Pay, and Bumping Rights. A. The Borough Assembly may terminate Manager at any time, for any reason or for no reason, by delivering to Manager written notice of termination. I. Termination for other than good cause: a. In the event of termination other than for good cause, Borough shall pay to Manager as severance pay an amount equal to six (6) month's salary. Manager shall also be compensated for all accrued annual leave. In lieu of severance pay in the event of termination for other than good cause, Manager may exercise the option provided in paragraph 5.A.1.b below, and Manager shall be entitled to all of his signing bonus of Return to job. fifteen n (15) days (one hundred and twenty (120) hours) of annual leave, b. In the event of termination otlierthan-fong od cause during the 3 year term of this contract, Manager retains the right to return to the pos: ion of Borough Assessor, at the Assessor's salary scale, as if Manager had never vacated the Assessor's position, with no loss in pay or longevity for time served. Borough Manager Employment Contract Page 2 of 5 2. Termination for good cause: a. In the event of termination for good cause, Borough shall not be obligated to pay Manager any severance pay, but Manager shall be compensated for all accrued annual leave. Manager may not exercise the option provided in paragraph 5.A.1.b above. B. In this section the term "good cause" shall mean: I. A willful breach, disregard, or gross neglect of the duties assigned to the Manager by law or by the Borough Assembly, or incompetence, which is defined as the inability or the unintentional or intentional failure to perform the manager's duties in a satisfactory manner. However, termination for incompetence will require written notice and reasonable time allowed, along with appropriate resources provided, to effect a remedy. 2. Any conduct of Manager bringing public embarrassment or ridicule to the Borough. 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as any felony involving moral turpitude or a crime which tends to reflect dishonesty. C. Manager may voluntarily resign his employment as Borough Manager at any time, for any reason or for no reason, by delivering to the Borough Assembly notice of resignation at least ninety (90) days prior to the effective date of resignation, unless the parties agree otherwise. If Manager voluntarily resign, Borough shall not be obligated to pay severance pay to Manager. Further, in the event Manager resigns, he shall forfeit part of his signing bonus of fifteen (15) days (one hundred and twenty (120) hours) of annual leave, under the following schedule: (1) if he leaves in less than six months, 75 %, or 11 1/4 days; (2) if he leaves in less than twelve but more than six months, 50% or 7 '/z days; or (3) if he leaves in less than eighteen but more than twelve months, 25% or 3 3/4 days. D. if Manager voluntarily resigns within nine (9) months of this contract, Manager may exercise the option provided in paragraph 5.A.I.b above. E. If Manager resigns his employment as Borough Manager after nine (9) months of this contract, Manager may not exercise the option provided in paragraph 5.A.1.b above. Section 6: Conditions of Employment. A. Manager shall receive the salary and benefits, and shall work under the terms and conditions, specified in this document during the period from April 20, 2001 to April 19, 2004, with a ninety (90) day notice by either party to renew or not renew by mutual consent after that time. Borough Manager Employment Contract Page 3 of 5 Section 7: Dues and Subscriptions. A. Borough agrees to budget and to pay the dues of Manager for membership in professional and civic organizations and subscriptions of Manager necessary for his /her continuation and full participation in national, state, and local associations and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the Borough, as budgeted/ approved by the Borough Assembly. Section 8: Professional Development. A. Borough hereby agrees to budget and pay the travel and subsistence expenses of Manager for professional and official travel, meetings, and occasions adequate to continue the professional development of Manager and to adequately pursue necessary official and other functions for Borough, including, but not limited to, the Alaska Municipal Managers Association and the ICMA International City /County Management Association. B. Manager, while traveling out of town on official business, will be reimbursed for reasonable expenses by Borough. Borough will provide for and/or reimburse Manager for transportation costs and other costs incidental to such travel, and of a normal and necessary nature. Such expenses would include: hotel rooms, auto rental, taxi fare, and telephone. Manager shall also receive per diem in the amount of $17.50 per half day to be calculated from midnight to noon and noon to midnight. This section applies to short courses, institutes, and seminars that are necessary for his professional development and for the good of Borough, as budgeted by the Borough Assembly. Section 9: Indemnification. A. Borough agrees to defend, save and hold harmless, and indemnify Manager against any tort claim, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission by Manager arising out of the course and scope of his /her employment; provided, however, that the aforementioned obligation of Borough shall not extend to claims based on the following acts of misconduct: 1. A willful breach, disregard, or gross neglect of duties requested of Manager by the Borough Assembly fonnally communicated to Manager or required to be performed by Manager hereunder or under the ordinances of the Kodiak Island Borough and the laws of the United States of America and the State of Alaska; 2. Any conduct of Manager bringing public embarrassment or ridicule to Borough; or 3. Any conduct of Manager involving a conviction for any act of moral turpitude or illegality defined as any felony involving moral turpitude or a crime which tends to reflect dishonesty. Borough will defend, compromise, or settle any such claim or suit and pay the amount of settlement or judgement rendered thereon. Borough Manager Employment Contract Page 4 of 5 Section 10: General Provisions. A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs -at -law and executors of Manager. C. This Agreement, subject to the provisions of Section 2 hereof, shall be in effect for three (3) years, April 20, 2001 through April 19, 2004 or until Manager resigns or is terminated under the provision of Section 2, above. D. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof; shall be deemed severable, shall not be affected, and shall remain in full force and effect: Section 11: No Reduction of Benefits; Good Faith and Fair Dealinv. A. Borough shall not at any time during the term of employment with this agreement reduce the salary, compensation, or other financial benefits to Manager. B. All contract provisions shall be subject to good faith and fair dealing. IN WITNESS WHEREOF, the parties have executed this Agreement on this twentieth day of April, 2001. KODIAK ISLAND BOROUGH (BOROUGH) BOROUGH MANAGER (MANAGER) l c � . _ Cocni -- --- Gabrielle LeDoux, Borough Mayor Patrick S. Carlson, Borough Manager Date: ri/ // 2co; Date: rub C( 200 ATTEST: ATTEST: ��ST: // / i dith / i .t is " r ..'s A' At .�i. A. Nielsen, t MC udtth A. Nielsen, C ugh orough Clerk 4 Borough Clerk gh C Date: (1jyL�1� ��i i Date: Oral 9, 07O6 vstAPdD e0 1 P I: .' Borough Manager Employment Contract Page 5 of 5 � Y � 4 SKA�c A 0 ; KODIAK ISLAND BOROUGH <- ' AGENDA STATEMENT REGULAR MEETING OF: JANUARY 17, 2013 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2013 -21 Rescinding Resolution No. FY2013 -12 and Adopting a Revised State Legislative Capital Improvement Projects Priority List for the 2013 Legislative Session. ORIGINATOR: Manager's Office Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013 -21 and Resolution No. FY2013 -12. APPROVAL FOR ENDA: E SUMMARY STAT MENT: Per KIBC 2.40.030(E), the Planning and Zoning Commission has reviewed and updated a list of project priorities for the KIB Capital Improvement Program (CIP) for FY2013 -2017. At its July 18, 2012 regular meeting, the Commision reviewed the previous year's resolution and took into account those projects which have been funded since that time. In addition, the commission received input from the City of Kodiak, the KIB Parks and Recreation Committee and made available opportunities for input by the general public. The Commission adopted a resolution on August 15, 2012 and forwarded it to the Assembly. Resolution No. FY2013 -12 was adopted by the Assembly on September 20, 2012. The resolution was a compilation of a list of capital improvement priority projects that the Kodiak Island Borough will submit to the 2013 legislative session for funding consideration. At the December 27, 2012 work session, the Assembly met with Senator Stevens and Representative Austerman and reviewed Resolution No. FY2013 -12. The Legislators requested that Resolution No. FY2013 -12 be modified and the attached Resolution No. FY2013 -21 reflects a new list as a result of the discussion and Assembly direction given to staff. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013 -21. Kodiak Island Borough Page 1 of 1 Introduced by: Administrative Official Requested by: Borough Assembly Drafted by: Special Projects Support 1 Introduced: 01/17/2012 2 Adopted: 3 4 KODIAK ISLAND BOROUGH 5 RESOLUTION NO. FY2013 -21 6 7 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 8 RESCINDING RESOLUTION NO. FY2013 -12 AND ADOPTING A 9 REVISED STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS 10 PRIORITY LIST FOR THE 2013 LEGISLATIVE SESSION 11 12 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 13 Kodiak Island Archipelago living in six incorporated cities and one community governed by 14 a tribal council government; and 15 16 WHEREAS, a Borough —wide capital improvement program has been adopted by the 17 Kodiak Island Borough Planning & Zoning Commission which identifies major needs of the 18 island community for the next five years; and 19 20 WHEREAS, the Kodiak Island Borough Assembly has identified major projects to submit 21 to the Alaska Governor and State Legislative Delegation for funding consideration; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 24 ISLAND BOROUGH THAT: 25 26 Section 1: The Kodiak Island Borough's State Legislative capital improvement project 27 priorities for the 2013 legislative session are as follows: 28 29 1. Kodiak Landfill Leachate Treatment Plant 30 Estimated Project Cost $6,592,000 31 KIB Funding Sources: revenue bonds $2,976,458 32 State Funding Request $3,615,542 33 The Borough is closing out the existing landfill footprint and creating a new EPA/DEC 34 lined cell. The lined cell when in operation will generate leachate which will be treated by 35 an on -site waste water treatment plant. This structure is stand -alone skid mounted piece 36 of equipment. It will be installed as Phase III of our landfill expansion project. The cost of 37 Phase III is estimated to cost $6:592 million. Funding is in place for Phase I and Phase II. 38 An on -site Leachate Treatment Plant was chosen as the method to address leachate 39 produced at the landfill after the alternative of piping it to the City of Kodiak Wastewater 40 Treatment Facility was found not to be a feasible option. This waste water plant is 41 required to treat waste water to DEC drinking water standards. The Borough has also 42 submitted a matching grant application through DEC for the maximum amount allowable 43 for this plant. The Borough view this project as a basic infrastructure need for the 44 community. 45 Kodiak Island Borough, Alaska Resolution No. FY2013 -21 Page 1 of 4 46 2. Monashka Bay Water and Sewer Project — Phase I (Feasibility, Planning and 47 Design). 48 Estimated Project Cost $500,000 49 State Funding Request $500,000 50 The borough has chosen to treat leachate generated at the Borough landfill with a waste 51 water treatment plant. This option was chosen after careful study and in order to allow for 52 future expansion of this plant to address failing septic systems common in Monashka Bay 53 and provide treatment of waste water generated from the Monashka Bay Residential 54 subdivisions. This section of town includes 256 residential parcels that lie outside the 55 reach of the existing sanitary sewer utilities and public water. Funding is requested for 56 feasibility, planning and design. 57 58 3. KHSNoc -Ed Renovation 59 Estimated Project Cost $8,500,000 60 State Funding Request $8,500,000 61 The voters approved the construction and renovation of the existing high school. This $76 62 million project includes the redesign and renovation of the existing on- campus vocational 63 facilities at a cost of approximately $15,500,000. The Borough received $7,000,000 during 64 the 2012 legislative session and is requesting the remaining $8.5 million. The 65 Vocational /Career Tech training is essential for Kodiak students. It includes training in the 66 traditional vocational education classes such as welding, woods, and auto mechanics, but 67 the Kodiak High School Career Tech program has broadened to prepare students for 21st 68 century careers. Currently Career Tech at KHS also includes CAD drafting, Multi -Media 69 Production, Seamanship /Maritime Science, Culinary Arts, and Computer Applications. 70 The existing vocational complex was built in 1966 with several additions and renovations 71 made throughout the years. The complex is now functionally obsolete and unable to 72 support the program. Renovation of the existing high -bay spaces and large footprint of the 73 existing complex provides the basis for design and construction of a facility to house a 74 quality Career Tech Program at Kodiak High School. Approval of this project will reduced 75 the overall bonded indebtedness of the project and will reduce the amount of property tax 76 increases expected for the community. Failure to receive this funding means increases in 77 property tax. 78 79 4. Service Area Road and Paving Improvements 80 Estimated Project Cost $5,000,000 81 KIB Funding Sources: local improvement district $1,000,000 82 State Funding Request $4,000,000 83 This project addresses the on -going need to pave portions of Borough Service Area 84 roads. There are approximately 26 miles of road among four Road Service Areas that 85 connect residential neighborhoods with the greater Kodiak community. Paving projects will 86 address main thoroughfares or busy neighborhood roads as well as improvements to 87 major drainage course that runs through these areas. Funding will be applied to priority 88 projects identified by the road service districts (Service Area One, Womens Bay Service 89 Area, Bayview Service Area, and Monashka Bay Service Area). Priorities will be based Kodiak Island Borough, Alaska Resolution No. FY2013 -21 Page 2 of 4 efi 90 on recommendations made by the elected service area boards. Local contributions to 91 project engineering and design may be funded through local improvement districts where 92 those in the district are taxed a proportion of the project costs. 93 94 5. East Elementary Traffic Flow Improvements 95 Estimated Project Cost $1,000,000 96 KIB Funding Sources $100,000 97 State Funding Request $900,000 98 East Elementary School was constructed in 1966 with a substantially addition in 1988. 99 The facility now totals 39,842 square feet with twenty -five teaching stations. Since the 100 expansion, increased traffic flows have created dangerous vehicle /student hazards when 101 students are entering and leaving school. Reconfiguration of the parking area will reduce 102 risks by providing for a safer separation of pedestrians, small vehicle traffic and bus 103 loading /unloading. A new design will require an increase in the total area of the parking 104 lot to allow adequate parking to support increased building usage and occupant load. 105 106 6. Peterson Elementary School Parking Rehabilitation, Drainage and Paving 107 Estimated Project Cost $1,000,000 108 KIB Funding Sources $100,000 109 State Funding Request $900,000 110 Peterson Elementary School was built in 1945 by the U.S. Navy on government property 111 to provide an educational facility for dependent children. The building was conveyed to 112 the Kodiak Island Borough and provides elementary education for children of Coast Guard 113 families living on base and for children of the Womens Bay community. The parking lot 114 for this 39,967 square foot facility is gravel, and requires excessive maintenance expense 115 due to continual pothole repair, re- grading, and surfacing. A paved surface will not only 116 reduce maintenance expenses, it will mitigate ice hazards in the cold months of the year 117 and will provide safer and cleaner facilities for the students, faculty, staff and parents. 118 119 This was moved from #5 to #7. 120 7 MiIl and Island Lake TrailAccess,Upgrade and Vail Improvements 121 Estimated_Project Cost • $400,000 122 State Funding,Request. : $400,000 123 This beach is heavily used by residents, sports fisherman and the community who come 124 to recreate at this bay located close to town. It is also the terminus of the Island Lake Trail. 125 New construction items proposed here would include the construction of new access way 126 to the beach as well as trail enhancements between the two beaches as well as a small 127 raft/kayak launch. The planning, permitting and design cost estimate has come in at 128 approximately $69,000 and has been partially funded through a state grant of $48,000. 129 130 8. Parks and Field Plan 131 Estimated Project Cost $100,000 132 KIB Funding Sources $10,000 133 State Funding Request $90,000 134 Borough owns and manages land and fields for recreational purposes which need a Kodiak Island Borough, Alaska Resolution No. FY2013 -21 Page 3 of 4 90 on recommendations made by the elected service area boards. Local contributions to 91 project engineering and design may be funded through local improvement districts where 92 those in the district are taxed a proportion of the project costs. 93 94 5. Mill Bay Beach and Island Lake Trail Access Upgrade and Trail Improvements 95 Estimated Project Cost $400,000 96 State Funding Request $400,000 97 This beach is heavily used by residents, sports fisherman and the community who come 98 to recreate at this bay located close to town. It is also the terminus of the Island Lake Trail. 99 New construction items proposed here would include the construction of new access way 100 to the beach as well as trail enhancements between the two beaches as well as a small 101 raft/kayak launch. The planning, permitting and design cost estimate has come in at 102 approximately $69,000 and has been partially funded through a state grant of $48,000. 103 104 6. East Elementary Traffic Flow Improvements 105 Estimated Project Cost $1,000,000 106 KIB Funding Sources $100,000 107 State Funding Request $900,000 108 East Elementary School was constructed in 1966 with a substantially addition in 1988. 109 The facility now totals 39,842 square feet with twenty -five teaching stations. Since the 110 expansion, increased traffic flows have created dangerous vehicle /student hazards when 111 students are entering and leaving school. Reconfiguration of the parking area will reduce 112 risks by providing for a safer separation of pedestrians, small vehicle traffic and bus 113 loading /unloading. A new design will require an increase in the total area of the parking 114 lot to allow adequate parking to support increased building usage and occupant load. 115 116 7. Peterson Elementary School Parking Rehabilitation, Drainage and Paving 117 Estimated Project Cost $1,000,000 118 KIB Funding Sources $100,000 119 State Funding Request $900,000 120 Peterson Elementary School was built in 1945 by the U.S. Navy on government property 121 to provide an educational facility for dependent children. The building was conveyed to 122 the Kodiak Island Borough and provides elementary education for children of Coast Guard 123 families living on base and for children of the Womens Bay community. The parking lot 124 for this 39,967 square foot facility is gravel, and requires excessive maintenance expense 125 due to continual pothole repair, re- grading, and surfacing. A paved surface will not only 126 reduce maintenance expenses, it will mitigate ice hazards in the cold months of the year 127 and will provide safer and cleaner facilities for the students, faculty, staff and parents. 128 129 8. Parks and Field Plan 130 Estimated Project Cost $100,000 131 KIB Funding Sources $10,000 132 State Funding Request $90,000 133 Borough owns and manages land and fields for recreational purposes which need a 134 master plan to ensure best utilization and maintenance by the community. A master plan Kodiak Island Borough, Alaska Resolution No. FY2013 -21 Paae 3 of 4 135 would also help to reconcile jurisdictional and policy concerns with regard to cooperative 136 use arrangements with City of Kodiak and KIB School District. 137 138 9. Kodiak Island Trail Improvements 139 Estimated Project Cost $100,000 140 KIB Funding Sources $10,000 141 State Funding Request $90,000 142 This is a priority identified by the Kodiak Island Borough Parks and Recreation Committee. 143 The purpose of the project would be to design and implement trail system improvements 144 as recommended and prioritized in the recently adopted Kodiak Road System Trail Plan, 145 to include, but not limited to, trail head improvements, parking area and circulation plans, 146 drainage improvements, environmental permitting, etc. 147 148 10. Womens Bay Boat Ramp Planning and Design 149 Estimated Project Cost $100,000 150 KIB Funding Sources $10,000 151 State Funding Request $90,000 152 The 2007 Womens Bay Comprehensive Plan identifies a goal to provide public access to 153 the shoreline of Womens Bay for recreational purposes. This access would include 154 access for skiffs, kayaks and small pleasure craft. The project would initially develop a 155 boat ramp design with parameters and specifications that could be used in a site selection 156 process. The investigation of potential sites for public acquisition would then provide the 157 necessary information to develop a detailed cost breakdown of what would be required to 158 complete the project. 159 160 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 161 State of Alaska Governor and Legislative Delegation of the Capital 162 Improvement Projects Priority List adopted by the Kodiak Island Borough 163 Assembly. 164 165 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 166 THIS DAY OF , 2013 167 168 169 KODIAK ISLAND BOROUGH 170 171 172 173 ATTEST: Jerome M. Selby, Borough Mayor 174 175 176 177 Nova M. Javier MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2013 -21 Page 4 of 4 Introduced by: Administrative Official 2 Requested by: Borough Assembly 3 Drafted by: Special Projects Support Introduced: 09/20/2012 4 Adopted: 09/20/2012 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2013-12 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 ADOPTING A STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS 11 PRIORITY LIST FOR THE 2013 LEGISLATIVE SESSION 12 13 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 14 Kodiak Island Archipelago living in six incorporated cities and one community governed by 15 a tribal council government; and 16 • 17 WHEREAS, a Borough —wide capital improvement program has been adopted by the 18 Kodiak Island Borough Planning & Zoning Commission which identifies major needs of the 19 island community for the next five years; and 20 21 WHEREAS, the Kodiak Island Borough Assembly has identified major projects to submit 22 to the Alaska Governor and State Legislative Delegation for funding consideration; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 25 ISLAND BOROUGH THAT: 26 27 Section 1: The Kodiak Island Borough's State Legislative capital improvement project 28 priorities for the 2013 legislative session are as follows: 29 30 1. Kodiak Landfill Leachate Treatment Plant 31 Estimated Project Cost $6,592,000 32 KIB Funding Sources: revenue bonds $2,976,458 33 State Funding Request $3,615,542 34 The Borough is closing out the existing landfill footprint and creating a new EPA/DEC 35 lined cell. The lined cell when in operation will generate leachate which will be treated by 36 an on -site waste water treatment plant. This structure is stand -alone skid mounted piece 37 of equipment. It will be installed as Phase III of our landfill expansion project. The cost of 38 Phase III is estimated to cost $6.592 million. Funding is in place for Phase I and Phase II. 39 An on -site Leachate Treatment Plant was chosen as the method to address leachate 40 produced at the landfill after the alternative of piping it to the City of Kodiak Wastewater 41 Treatment Facility was found not to be a feasible option. The Borough has also submitted 42 a matching grant application through DEC for the maximum amount allowable for this 43 plant. 44 45 Kodiak Island Borough Resolution No. FY2013 -12 Page 1of5 46 2. KHSNoc -Ed Renovation 47 Estimated Project Cost $8,500,000 48 State Funding Request $8,500,000 49 The voters approved the construction and renovation of the existing high school. This $76 50 million project includes the redesign and renovation of the existing on- campus vocational 51 facilities at a cost of approximately $15,500,000. The Borough received $7,000,000 during 52 the 2012 legislative session and is requesting the remaining $8.5 million. The 53 Vocational /Career Tech training is essential for Kodiak students. It includes training in the 54 traditional vocational education classes such as welding, woods, and auto mechanics, but 55 the Kodiak High School Career Tech program has broadened to prepare students for 21st 56 century careers. Currently Career Tech at KHS also includes CAD drafting, Multi -Media 57 Production, Seamanship /Maritime Science, Culinary Arts, and Computer Applications. 58 The existing vocational complex was built in 1966 with several additions and renovations 59 made throughout the years. The complex is now functionally obsolete and unable to 60 support the program. Renovation of the existing high -bay spaces and large footprint of the 61 existing complex provides the basis for design and construction of a facility to house a 62 quality Career Tech Program at Kodiak High School. 63 64 3. New Long Term Care Facility 65 Total Estimated cost for the Project $15,500,000 66 Funding Sources: KIB, CDBG, State, Providence $ 8,000,000 67 State Funding Request S 7,500,000 68 69 Kodiak Island's only long term care facility is in need of replacement. The "Care Center' is 70 housed in a former hospital wing that was never meant to be a nursing home. The use of 71 this existing space presents safety, security, and privacy concerns in this institutional 72 environment. A new care center facility, modeled after the Green House© concept, feels 73 more like a home than an institution. The Borough will be moving forward with this project 74 up the acquisition of a Certificate of Need by Providence. Construction is anticipated in 75 spring of 2013. 76 77 4. Anton Larsen Bay Road Extension to Ice Free Water. 78 Estimated Project Cost $12,000,000 79 State Funding Request • • $12,000,000 80 This road would provide alternative year- around access to Kodiak Road System services 81 for the Villages of Ouzinkie, Port Lions and Larsen Bay. It would also serve the 82 commercial and sports fishers and others living, working or recreating on Kodiak Island's 83 west side. This project will be coordinated with the Ouzinkie Native Corporation (surface 84 estate owner) and Koniag Inc. (sub - surface estate owner) who area adjacent landowners. 85 86 In 2010 the Kodiak Island Borough hired the McDowell Group with funding from the Denali 87 Commission Transportation Program and the Alaska Department of Transportation to 88 conduct the Island -Wide Transportation Feasibility Study, Based on findings in this study, 89 the Kodiak Island Borough is requesting funding for the Department of Transportation to Kodiak Island Borough Resolution No. FY2013 -12 Page 2 of 5 90 investigate the potential road extensions to determine the preferred route, and to fund 91 needed permits, design, right of way acquisition and construction of this road extension. 92 93 5. Monashka Bay Water and Sewer Project — Phase I (Feasibility, Planning and 94 Design). 95 Estimated Project Cost $500,000 96 State Funding Request $500,000 97 The borough has chosen to treat leachate generated at the Borough landfill with a waste 98 water treatment plant. This option was chosen after careful study and in order to allow for 99 future expansion of this plant to address failing septic systems on Monashka Bay 100 Subdivision parcels. This section of town includes 256 residential parcels that lie outside 101 the reach of the existing sanitary sewer utilities and public water. Funding is requested for 102 feasibility, planning and design. 103 104 105 6. Service Area Road and Paving Improvements 106 Estimated Project Cost $5,000,000 107 KIB Funding Sources: local improvement district $1,000,000 108 State Funding Request $4,000,000 109 This project addresses the on -going need to pave portions of Borough Service Area 110 roads. There are approximately 26 miles of road among four Road Service Areas that 111 connect residential neighborhoods with the greater Kodiak community. Paving projects will 112 address main thoroughfares or busy neighborhood roads as well as improvements to 113 major drainage course that runs through these areas. Funding will be applied to priority 114 projects identified by the road service districts (Service Area One, Womens Bay Service 115 Area, Bayview Service Area, and Monashka Bay Service Area). Priorities will be based 116 on recommendations made by the elected service area boards. Local contributions to 117 project engineering and design may be funded through local improvement districts where 118 those in the district are taxed a proportion of the project. 119 120 7. Traffic Safety Lighting (Kodiak to U.S.C.G. Support Center) 121 Estimated Project Cost $15,000,000 122 State Funding Request $2,000,000 123 This request is to provide funding to the Department of Transportation for planning and 124 design and to develop a plan of prioritized phased construction for the installation of street 125 lighting along Rezanof Drive between the City of Kodiak and the U.S. Coast Guard 126 Support Center. This major road is heavily travelled by the public, those who travel to the 127 state airport as well as those working on the United States Coast Guard Base. 128 129 I30 8. Pedestrian /Bike Trail Extension Phase 1B Matching Funds — Deadman's Curve 131 to U.S.C.G. Main Gate 132 Estimated Project Cost $11,700,000 133 . State Funding Request $11,700,000 Kodiak Island Borough Resolution No. FY2013 -12 Page 3 of 5 134 Extending this trail from Deadman's Curve to the U.S. Coast Guard Main Gate completes 135 another phase of a longer route that will run from White Sands Beach to Womens Bay. 136 The trail will promote both a healthier lifestyle and reduce the use of fossil fuels. It is 137 beneficial to local residents as well as the visiting public who arrive by cruises ships that 138 dock nearby this trail. The project will continue to be done in phases with the first phase 139 funded last year. 140 141 9. Mill Bay Beach and Island Lake Trail Access Upgrade and Trail Improvements 142 Estimated Project Cost $400,000 143 State Funding Request $400,000 144 ThIS beach is heavily used by residents, sports fisherman and the community who come 145 to recreate at this bay located close to town. It is also the terminus of the Island Lake Trail. 146 New construction items proposed here would include the construction of new access way 147 to the beach as well as trail enhancements between the two beaches as well as a small 148 raft/kayak launch. The planning, permitting and design cost estimate has come in at 149 approximately $69,000 and has been partially funded through a state grant of $48,000. 150 151 10. East Elementary Traffic Flow Improvements 152 Estimated.Project Cost $1,000,000 153 KIB Funding Sources $100,000 154 State Funding Request $900,000 155 East Elementary School was constructed in 1966 with a substantially addition in 1988. 156 The facility now totals 39,842 square feet with twenty -five teaching stations. Since the 157 expansion, increased traffic flows have created dangerous vehicle /student hazards when 158 students are entering and leaving school. Reconfiguration of the parking area will reduce 159 risks by providing for a safer separation of pedestrians, small vehicle traffic and bus 160 loading /unloading. A new design will require an increase in the total area of the parking 161 lot to allow adequate parking to support increased building usage and occupant load. 162 163 11. Peterson Elementary School Parking Rehabilitation, Drainage and Paving 164 Estimated Project Cost $1,000,000 165 KIB Funding Sources $100,000 166 State Funding Request $900,000 167 Peterson Elementary School was built in 1945 by the U.S. Navy on government property 168 to provide an educational facility for dependent children. The building was conveyed to 169 the Kodiak Island Borough and provides elementary education for children of Coast Guard 170 families living on base and for children of the Womons Bay community. The parking lot 171 for this 39,967 square foot facility is gravel, and requires excessive maintenance expense 172 due to continual pothole repair, re -grading, and surfacing. A paved surface will not only 173 reduce maintenance expenses, it will mitigate ice hazards in the cold months of the year 174 and will provide safer and cleaner facilities for the students, faculty, staff and parents. 175 176 12. Parks and Field Plan 177 Estimated Project Cost $100,000 178 KIB Funding Sources $10,000 Kodiak Island Borough Resolution No. FY2013 -12 Page 4 of5 179 State Funding Request $90,000 180 Borough owns and manages land and fields for recreational purposes which need a 181 master plan to ensure best utilization and maintenance by the community. A master plan 182 would also help to reconcile jurisdictional and policy concerns with regard to cooperative 183 use arrangements with City of Kodiak and KIB School District. 184 185 13. Kodiak Island Trail Improvements 186 Estimated Project Cost $100,000 187 KIB Funding Sources $10,000 188 State Funding Request $90,000 189 This is a priority identified by the Kodiak Island Borough Parks and Recreation Committee. 190 The purpose of the project would be to design and implement trail system improvements 191 as recommended and prioritized in the recently adopted Kodiak Road System Trail Plan, 192 to include, but not limited to, trail head improvements, parking area and circulation plans, 193 drainage improvements, environmental permitting, etc. 194 195 14. Womens Bay Boat Ramp Planning and Design 196 . Estimated Project Cost $100,000 197 KIB Funding Sources $10,000 198 State Funding Request $90,000 199 The 2007 Womens Bay Comprehensive Plan identifies a goal to provide public access to 200 the shoreline of Womens Bay for recreational purposes. This access would include 201 access for skiffs, kayaks and small pleasure craft. The project would initially develop a 202 boat ramp design with parameters and specifications that could be used in a site selection 203 process. The investigation of potential sites for public acquisition would then provide the 204 necessary information to develop a detailed cost breakdown of what would be required to 205 complete the project. 206 207 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 208 State of Alaska Governor and Legislative Delegation of the Capital 209 Improvement Projects Priority List adopted by the Kodiak Island Borough 210 Assembly. 211 212 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 213 THIS TWENTIETH DAY OF SEPTEMBER, 2012 214 215 216 KODIAK ISLAND BOROUGH 217 Or 218 ` •- ,/ 219 220 ATTEST: Jeri! e M. Selby, 8o • .h Mayo 221 222 223 d 224 No a M. Javier MMC, Bo ough Clerk Kodiak Island Borough Resolution No. FY2013 -12 Page 5of5 * y KODIAK ISLAND BOROUGH :} AGENDA STATEMENT REGULAR MEETING OF: JANUARY 17, 2013 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2013 -13 Rezone of Lot 1 United States Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To I- Industrial Zoning District. ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -13; P &Z Case Packet; Results Letter; Mtg Minutes APPROVAL FOR AGENDA • SUMMARY STATEMENT: Lot 1 of United States Survey 3945 and the remainder of ADL 44355 is a 202.51 acre tract currently utilized as the community's solid waste processing and disposal site. The current use was granted an "exception" to the Borough Zoning Ordinance on April 24, 1968. As such, the use and structure(s) are regulated as a Nonconformity per KIBC 17.140.090. As a nonconforming, nonresidential use, the current facility and use would not be able to accommodate the expansion and modernization required in order to comply with the new regulatory environment. The Commission held a public hearing on this request and found the request is consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also requires the Assembly to be notified by the commission of its actions and its findings. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager CORRECTED VERSION Requested by: Borough Manager Drafted by: CDD Development Director 1 Introduced: 01/17/2013 2 Public Hearing: Adopted: 3 4 KODIAK ISLAND BOROUGH 5 ORDINANCE NO. FY2013 -13 6 7 • AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 8 REZONING LOT 1 U.S. SURVEY 3945 AND THE REMAINDER OF ADL 44355 9 FROM A COMBINATION OF PL- PUBLIC USE ZONING DISTRICT AND 10 C— CONSERVATION ZONING DISTRICT TO I— INDUSTRIAL ZONING DISTRICT 11 12 WHEREAS, the Planning and Zoning Commission received a request to rezone a 13 202.51 acre tract of land along Monashka Bay Road; and 14 15 WHEREAS, at an advertised public hearing consistent with KIB 17.205.040, the 16 Commission considered the merits of the rezone request; and 17 18 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 19 tract of land be rezoned with the finding that the public necessity, convenience, and 20 general welfare and good zoning practice would be enhanced by such action; and 21 22 WHEREAS, the Commission hereby recommends that this rezone request be 23 reviewed and approved by the Borough Assembly. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK 26 ISLAND BOROUGH THAT: 27 28 Section 1: This ordinance is not of a general and permanent nature and shall not 29 become a part of the Kodiak Island Borough Code of Ordinances; 30 31 Section 2: Lott U.S. Survey 3945 and the remainder of ADL 44355, except the 32 greenbelt in Ordinance No. 98 -06, are rezoned from PL- Public Use 33 Zoning District and C - Conservation Zoning District to I — Industrial 34 Zoning District. 35 36 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 37 Commission are hereby confirmed as follows: 38 39 17.72.020 A. Findings as the Need and Justification for a Change 40 or Amendment. 41 42 Responsible management of a community's waste stream is a necessary 43 function of local government. 44 45 Providing the means and venues for managing a community's waste 46 stream fulfills the government's responsibility as such. 47 48 No other consolidated tract of land with the requisite size, accessibility, 49 and zoning is available. 50 Kodiak Island Borough, Alaska Ordinance No. FY2013 -13 Page 1 of 2 51 52 53 17.72.020 B. Findings as to the Effect a Change or Amendment 54 would have on the Objectives of the Comprehensive Plan. 55 56 A rezone of the subject parcel would be consistent with objectives of the 57 2008 Kodiak Island Borough Comprehensive Plan Update. 58 59 A rezone of the subject parcel would work to implement the 60 Comprehensive Plan. 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 63 THIS DAY OF 2013 64 65 66 KODIAK ISLAND BOROUGH 67 68 69 70 Jerome M. Selby, Borough Mayor 71 72 ATTEST: 73 74 75 76 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2013 -13 Page 2 of 2 Introduced by: Borough Manager Requested by: Borough Manager Drafted by: CDD Development Director 1 Introduced: 01/17/2013 2 Public Hearing: Adopted: 3 4 KODIAK ISLAND BOROUGH 5 ORDINANCE NO. FY2013 -13 6 7 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 8 REZONING LOT 1 U.S. SURVEY 3945 AND THE REMAINDER OF ADL 44355 9 FROM A COMBINATION OF PL- PUBLIC USE ZONING DISTRICT AND 10 C— CONSERVATION ZONING DISTRICT TO I— INDUSTRIAL ZONING DISTRICT 11 12 WHEREAS, the Planning and Zoning Commission received a request to rezone a 13 202.51 acre tract of land along Monashka Bay Road; and 14 15 WHEREAS, at an advertised public hearing consistent with KIB 17.205.040, the 16 Commission considered the merits of the rezone request; and 17 18 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 19 tract of land be rezoned with the finding that the public necessity, convenience, and 20 general welfare and good zoning practice would be enhanced by such action; and 21 22 WHEREAS, the Commission hereby recommends that this rezone request be 23 reviewed and approved by the Borough Assembly. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK 26 ISLAND BOROUGH THAT: 27 28 Section 1: This ordinance is not of a general and permanent nature and shall not 29 become a part of the Kodiak Island Borough Code of Ordinances; 30 31 Section 2: Lot1 U.S. Survey 3945 and the remainder of ADL 44355 are rezoned 32 from PL- Public Use Zoning District and C - Conservation Zoning District 33 to I — Industrial Zoning District. 34 35 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 36 Commission are hereby confirmed as follows: 37 38 17.72.020 A. Findings as the Need and Justification for a Change 39 or Amendment. 40 41 Responsible management of a community's waste stream is a necessary 42 function of local government. 43 44 Providing the means and venues for managing a community's waste 45 stream fulfills the government's responsibility as such. 46 47 No other consolidated tract of land with the requisite size, accessibility, 48 and zoning is available. 49 50 Kodiak Island Borough, Alaska Ordinance No. FY2013 -13 Page 1 of 2 A 7 Kodiak Island I 'orough aG A %/ community D Development Mill Bay Road t l ` � � 1 /fir, Kodiak, Alaska 99615 ,,. Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us - 140116 ma it iii December 21, 2012 Mike Patterson Kodiak Island Borough . 710 Mill Bay Raod Kodiak, AK 99615 Re: Case 13 -012. Request a Rezone, according to KIBC 17.205.03 C, to rezone Lot I, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land ,and C- Conservation Zoning District to .I- Industrial Zoning District. Dear Mr. Patterson: " The Kodiak Island Borough Planning & Zoning Commission at their meeting on December 19, 2012 moved to recommend that the Kodiak Island Borough Assembly approve a rezone, according to :KIBC 17:205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the.Kodiak Island Borough Solid Waste Disposal Site except the green belt described in Ordinance 98 -06, from a combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District, and, to adopt those findings in the staff report dated December 7,-2012, as Findings of Fact for Case No. 13 -012, recomrnending approval. Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will . be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055'(Submission to assembly) of the Borough Code states: ... A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17:205.070, by the borough clerk. B. lithe planning commission recommends denial of any proposed amendment, its action shall bb final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action 'be'taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 17.205.020.A. Findings as to the Need and Justification for a Change or Amendment. Responsible management of a community's waste stream is a necessary function of local government. Providing the means and venues for managing a community's, waste stream fulfills the government's responsibility as such. No other consolidated tract of land with the requisite size, accessibility, and ,zoning is available. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits; for any'construction activities. If you have any questions about the action of the commission, please contact the Community Development Department, at 486=9363: Sincerely, elit Cjmt Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning 8c, Zoning Commission Kodiak Island Borough Planning & Zoning Commission Minutes December 19, 2012 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the December 19, 2012 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE \ CHAIR TORRES led the pledge of allegiance. ROLL CALL Bill Kersch and Brent Watkins requested excusal. Commissioners present were Alan Torres, Alan Schmitt, Rick Vahl,rand.Sohny'Vi Excused were Bill Kersch and Brent Watkins. V\X A q uorum was established. C � COMMISSIONER SCHMITT MOVED to excuse Bill Kersch andE _ Br ent Watkins. VOICE VOTE ON MOTION CARRIED UNANIMO U � Y� Community Development Department staff present•was \ M artart \ydick and Sheila Smith. APPROVAL OF AGENDA %S N) The commission suggested to re- arrange the agenda in.order to hear public hearing item 7 -D (rezone) before 7 -C (CUP). COMMISSIONER SCHMITT MOVED ( to appp rove the December 19, 2012 Planning & Zoning Commission agenda and re- arrange the order hear public hearing case 7 -D before 7 -C as amended. VOICE VOTE ON MO TION'CA APPROVAL OF MI UTES N ---- Smith didn't receive Brent Watkins message until after the meeting that he requested excusal. \� v COMMISSIONER HL MOV to approve and reflect Brent Watkins as excused from the November n \ VA' �.. \\ 21, 2012 regular meeting.as.amended. \\ VOICE\ \T \ \\ \ I CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Judy Kidder sat in on the interview process when the City of Kodiak interviewed for the P &Z seat and all the questions that were asked of the candidates for the city seat were similar except one for the P &Z and she has an issue with the question; the question was if you disagree with the city's position would you go along with it. She has an issue with that question because it's basically asking someone to say I will agree with you even if I don't agree and it's not in the best interest of Kodiak. She has requested minutes from the city but have not been provided any. Marilyn Guilmet stated she attended that meeting and said that meeting was very disturbing. She sees the P &Z as people who listen to us and represent us and she's very thankful for the commission. It gives us an opportunity to express something outside the current beliefs or ideas of what is happening and to have somebody ask an applicant whether they will agree with them regardless is uncalled for, 12/19/2012 P &Z Minutes Page 1 of 11 it's out of line, it smacks against proper protocol, and to not give us the minutes. They would give us the minutes on everything except on that question. When things like this happen it diminishes the trust people have whether it's warranted or not. When that information is not given to us as citizens of this community under the right to information act then that diminishes our basic trust in those who are representing us. Every commissioner should be able to give their own opinions and that's why you are here. We want P &Z to feel comfortable to come out with their own ideas; they may be innovative, maybe much better than what is established. She encourages the commission to stand for what you believe and not be coaxed to go along with business as usual. CHAIR TORRES said the sitting commissioners don't have a say on any of those meetings, city makes a recommendation to the borough assembly and the mayor appoints the commissioners. PUBLIC HEARINGS \ A) Case S13 -010. Request Preliminary approval, per KIBC 16.40, of the subdivision and of Lot 5 and Tract E -1, Chiniak Alaska Subdivision, creating Lots Sil; Se•SC and�Tract E -1, Chiniak Alaska Subdivision. The applicant is the Kodiak Island<Borough, and Bob Scholze, Borough Resource Officer is the agent. The location is generally located King Crab Way in Chiniak Alaska. The zoning is PL- Public Use Land. U Lydick stated this subdivision request has been submitted as a,positive' esponse to the Assembly's efforts to dispose of unneeded public lands, with an emphasis lands with residential potential. Previously identified by the Commission, and ffizia as a likely candidate for disposal, this parcel, upon further examination, has d emon" ' stiated•the potential to provide more � than a single lot disposal opportunity. With approval tonight; this.s ss subdivision will be scheduled to re- appear on a future agenda of the Commission in order to address disposal and zoning issues. Staff is recommending preliminary approvalbfor th�e,subdivision, as requested. COMMISSIONER SCHMITT MOVED to grant preliminary / approval, according to K1BC 16.40, of the subdivision and replat of Lot 5 and Tract E'Block,1, Chiniak Alaska Subdivision, creating Lots 5A, 5B, 5C and Tract E -1, Block 1, Chiniak - Alaska Subdivision, and to adopt the findings in that staff report i -r. December 7, 2012, as "Findings of Fact' for casev 3 -010. The public hearing was opened- &`clos�eed: There was no public testimony. Discussion FINDINGS OF FACTO`\\\\ !(—"•; 1. This plat meets tfitminimumstandards of survey accuracy and proper preparation of plats required in Tkt\ 16` \ he Borough Code. 'm 2. This plateets l th ale requirements of Title 17 of the Borough Code. �� � 3. This,plat provides•a subdivision of land that is consistent with adopted Borough plans for this area. ROLL CALLLVVOTE ON MOTION CARRIED UNANIMOUSLY B) Case S38 -005. Request Preliminary approval, per KIBC 16.40, of the subdivision of Lot 2A, Block NN, Holland Acres, 1st Addition, creating Lots 2A -1 through 2A -8, Cottonwood Cove Subdivision'/The applicant is Art & Arlene Zimmer. The location is 170 Island Lake Road, and the zoning is B- Business. Lydick stated this request for preliminary subdivision approval comes back before the commission after an October 2012 postponement. The applicant, after consulting with staff following the October postponement, has adjusted expectations and incorporated the majority of staffs concerns raised at the October 2012 review. The applicant has indicated intent to proceed with a "phased plat" process. After gaining preliminary approval of the plat, the applicant will then have the opportunity to submit final plats for each phase, as they come on line. This process will allow the applicant to address issues such as building encroachments and utility services on any particular lot in an orderly manner, and • 12/19/2012 P &Z Minutes Page 2 of 11 permit a more economically sustainable development of the larger tract. If the time frame exceeds the twenty -four month limit, the applicant will be required to ask the Commission for an extension. Staff is recommending preliminary approval, subject to four (4) conditions of approval. If the commission concurs with the removal of Condition #2, three (3) conditions of approval would attach to a positive recommendation. COMMISSIONER SCHMITT MOVED to grant preliminary approval, subject to the conditions of approval contained in the staff report dated December 6, 2012, and to adopt the findings in that staff report as "Findings of Fact" for this case. The public hearing was opened & closed: There was no public testimony Discussion COMMISSIONER SCHMITT MOVED to add Condition of Approval #5- Access to Lots 2A-1;2A-2,-2A-3 shall only be via the access easements. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY \ \ \ \ COMMISSIONER SCHMITT MOVED to amend Condition of Approval #2 so it;reads "Add a note to the plat that prohibits non - dwelling development on Lots 2A -1, 2A -2, 2A 3; 2A�4, 2A_5,,2A -6, and 2A -7. \�- COMMISSIONER SCHMITT said there isn't a definition for commercial or- residential but there is a definition for dwelling which encompasses various types of resfden r property and that's why he's going with non - dwelling development rather than commercial development. \ \ \ \ \ \ \ ROLL CALL VOTE ON MOTION TO AMEND CARRIED - UNANIMOUSLY In response to COMMISSIONER VAHL'S inquiry,ab o \q of approval for your subdivision and one restricting business or non - dwelling units on most of the front lots, how does that affect your development, Art Zimmer replied perhaps none,however; in commercial zoning you may have dwellings along with a business use property and the business use usually gets the best frontage or primary access but there may be a•dwelliny also fated with that business. I wouldn't want that opportunity to be prohibited to anyone that ay want to purchase this property for such intended use where they would combine dwelling,as well`as their business. In response to COMMISSIONER,SCHMIT,T.'S.inquiry regarding 17.90.020 - Permitted Uses - Subsection CC, Single Family and Tw fao milt' dwelling ,$ f located within a structure containing a permitted business use not exceed ng.5 % of the area of the structure and not located on the street level of the structure may be allowed'within a street level business structure, so there could be some combination of business andmesidence ,is that correct, Lydick stated those paragraphs you referenced allow a bottom floor business use; anything that's permitted in the business district and would allow up to a duplex use omthe 2 a „ floor. The other paragraph if his recollection is correct allows a, for want of a �� better term; a single family dwelling towards the rear of a business structure as long as it does not self: \' . presentitself as.the alor facade of that building so under those terms with no restrictions, yes, you would b able to have dual use property business, anything that's allowed in the Business Zoning District a d e idential use. COMMISSIONER SCHMITT MOVED to amend to add Condition of Approval #6 -Meet Service Area # l's recommendations as stated in the September 20, 2012 email from Kelsea Kearns (page 8 of 13 from the October 17, 2012 public comment packet). COMMISSIONER SCHMITT said to clarify it requires there be 18” culverts on all driveways on Melnitsa and requires ditching on lots 2A -1 and 2A -7 on Melnitsa. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY COMMISSIONER VAHL MOVED to amend that Condition of Approval #2 be removed based on the fact it is on the plat, #8- commercial development of Lots 2A -2, 2A -5, and 2A -6 are prohibited. 12/19/2012 P &Z Minutes Page 3 of 11 COMMISSIONER SCHMITT called a Point of Order stating that was the subject of his 2 amendment was to amend that condition of approval. FAILED DUE TO A SECOND CONDITION OF APPROVAL 1. Provide all easements requested by KEA in the letter dated September 11, 2012. 2. Add a note to the plat that prohibits non - dwelling development on Lots 2A -1, 2A -2, 2A -3, 2A -4, 2A- S, 2A -6, and 2A -7. 3. Obtain driveway permits as required for all existing and proposed driveways. 4. Obtain approval for Water and sewer connections from City of Kodiak Public Works as indicated in the memorandum dated December 3, 2012. Shared utilities will have to separated, if the structures that they serve will be located on separate lots. \ �� J \ S. Access to Lots 2A -1, 2A -2, 2A -3 shall only be via the access easements. V ' 6. Meet Service Area # l's recommendations that it requires there be 18" culverts,on all•driveways on Melnitsa and requires ditching on lots 2A -1 and 2A -7 on Melnitsa���\\ \\ FINDINGS OF FACT \ \ \ \ � \ \ J \ 1. This plat meets the minimum standards of survey accuracy�and�proper of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough 3. This plat provides a subdivision of land that is consistentwith adop Borough plans for this area. ROLL CALL VOTE ON MAIN MOTION AS AMENDED.CARRIED;UNANIMOUSLY D) Case 13 -012. Request a Rezone, according'tb,KIBC'17.2052030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising theKodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public•Use Lana /and C- Conservation Zoning District to (- Industrial Zoning District. The applicant isthe.Kodiaklsland Borough, and the agent is Mike Patterson. The location is 1203 Monashka Bay Road (AKA - Tax Lot 2001, Township 27 South, Range 19 West). The zoning is C IC no servatiomand PL- Public Use Land CHAIR TORRES handed the gavePto VICE CHAIR VINBERG due to having a conflict of interest and requests a decision on the conflict VICE CHAIR VINBERG asked the commission if they have any concerns or issues with CHAIR TORRES. There was consensus that there was no conflict of interest. VICE CHAIR VINBERG'handed the gavel back to CHAIR TORRES. \c Lydick stated this,rez e r onequest represents step one of a two -step process in order to bring the existing land�use and'planned expansion into conformity with the current zoning ordinance. Step two is the associated case 13 -016, a request for conditional use permit. This request for a rezone facilitates the community's drive to provide responsible management of the locally generated stream of wastes. A rezone allows for the much needed expansion of the existing footprint, enables the modernization of facilities eq . red to conform to regulatory requirements, and enhances opportunities to incorporate recyclingeff by the public, as well as, the private sectors. Two issues are important in staffs perspective;1) in judging the relative merits of comments opposing the rezone, no action is being proposed that does away with, or modifies, existing restrictions imposed by currently adopted ordinances defining buffers or greenbelt areas, and, 2) the Industrial zoning district actually affords a greater degree of local over -sight of the activity, and provides code enforceability, by virtue of the performance standards contained within the applicable zoning district chapter. Thirty nine (39) public hearing notices were mailed on October 17, 2012. Fourteen (14) responses have been returned commenting on this request for a rezone. Staff recommends the Commission forward a Recommendation of Approval for the rezone to the Borough Assembly. 12/19/2012 P &Z Minutes Page 4 of 11 COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C - Conservation Zoning District to I - Industrial Zoning District, and, to adopt those findings in the staff report dated December 7, 2012, as Findings of Fact for Case No. 13 -012. The public hearing was opened. Public testimony was given by: Doug Mathers suggested the borough subdivide the property, take out the greenbelt, rezone the greenbelt to a restrictive zoning, and rezone the landfill to Industrial so we would have Marmot Drive greenbelt with its own property and a landfill with its own property Industrial. Martha McKinney stated she opposed both proposals for the CUP and the rezone. Her reasons are she received 5 notification maps and on one map a greenbelt boundary had been hand \ drawn in indicating to remain, the other four maps didn't include that and that was hardly reassuring: ADEC'told herthat surface water contamination is a significant issue at the dump and there are%proximat lt'seven test wells surrounding the baler facility, some of which indicate heavy metal'contafi ination. Lauri Aldrich (ADEC) indicated there was a plan to put a water treatment operation theocean,side of the current baler facility, and unless residences have wells that are several hundred fee� t deep they are accessing es\ \ surface water and not ground water. There are wells with depths of less•than_.150'feet on both Marmot and Three Sisters. The State of Alaska regulates public drinking wells butnotprivate wells. What is the borough going to do to ensure the residents that surface waters no[ contminated? Paul Zimmer called in to say he is not opposed to rezoning the :portiomof the lot where the landfill is to allow for that landfill activity. We need a landfill but -he is opposed;to rezoning the entire lot as The Industrial. It's not consistent with the Comp Plan Comp Plan•shows a greenbelt as a buffer along the residential area and Industrial is not consistent with that. He's concerned that if it's all rezoned what potential uses could be done there in4tie futu e'k )1 Jamie Godwin spoke in opposition andasked staff if there were 37 public hearing notices sent out and �� se fi 14 responses and she would like to / � �e know what those.responses were and what percentage of � responses were for and against this request. Doev he commissioners know what these comments were? She didn't see any packep�\ 1� Lydick stated he didn't do astatistical analysis of the responses and they were included in the case / ,':', \ packets which are right outside the door. Every commissioner has read those comments. Doug Penguilly spoke m opp osition and stated the question isn't is there an expansion needed, the mo. �� question is are you going to rezone this 202 acres land which is now Conservation Use and Public Use into Industrial use; no j s the portion that the landfill operates on. A quick fix like this is going to vx . t �� have more problems in term. Tia Leber spoke in opposition and stated the information packets seem to be incomplete with significant things:missmg; 1sI the map on the front is completely different from the Comp Plan map. Frederick Millerspoke in opposition as currently proposed. It has to do with the greenbelt is not prop rly zoned Industrial. Talked about at the work session is to separate the parcels and zone the landfill itself.as Industrial and have a more restrictive zoning for the greenbelt areas. If it's rezoned Industrial it will have an effect on property values and drinking water. Penny Fish spoke in opposition stating her house is about 15 feet from this rezoning. What could happen in 10 years now with the borough, and the composting came up and it opens up too many possibilities for the future. Jean Dixon stated if you look at all the homes that border the area there are about 12 -14 lots. Most of our wells are right beyond the red line on our side. The packet is confusing and she's concerned about the greenbelt and would like it protected. There is a wonderful beach near the house and would like to 12/19/2012 P &Z Minutes Page 5 of 11 see say as Public. Use Laud because is is well used. Andy Schroeder stated he shares the same concerns heard here tonight. As Island Trails Network Executive Director with a mission to preserve trails, access, and open spaces he'd like to see the greenbelt and the Natural Use Lands downhill from the landfill preserved as a green corridor. There is a trail that runs through there across the beach just mentioned and he walks all the way to the VFW, and there's an important trail link therein the trail system. That trail is identified in the Trails Plan as a potential development one day Dave Sundberg spoke in opposition to the rezone as it's written right now. The area you want to rezone has been our playground and basically brings it right up to my back door. Industrial worries him because of the degradation of the area and pollution. Thomas Lance stated he's representing the Monashka Bay Service Area. The effort to re to i Industrial is deceptive as it was presented. Our road service area didn't receive:notice of this. The Monashka Bay Road Service Area created the request for the greenbelt. Rezone the:landfilbos Sanitary landfill instead of Industrial, make it its own zone and then everything else set a side fora greenbelt and Natural Use area for recreation, water quality, watershed values and Yo protect home values. \re \ \ ) Teresa Miller spoke opposing the request because she uses that Iand‘for.recreation: When she was convinced to buy property outside the city she was assured there were multiple layers of protection for drinking water. Rezoning would strip away one of those labors o fprotection. Environmentally for the health of the community and the safety of her drinking as'well•as property value. \‘: \ \ \V " Marilyn Guilmet spoke in opposition stating although it helps.us;to,getthe area rezoned her heart goes out to all of you. Not one child is damaging, they havedrinking water there and no one has been monitoring it. What she's been hearing is amazing�No one'mon tors the drinking water. Until you come to a reasonable decision that helps everyone :she wouldn't feel comfortable. The health of the community, the environment, and the decisions'you make will determine the health of them, their children will really determine how their future goes as far as what their lifestyle is going to be like. She e. �\ /i feels you need more time to make a.good'decisionfnr everyone. The public hearing was closed. \ Discussion of plat 69 -10, it's the City of Kodiak's fill site, permitting issues, the lack of screening along the highway, and the borough come :forty ra d with a subdivision. « \ \ \s„.� COMMISSIONER SCHMITT:MOVED•to amend the motion to add following after the word "site ", and before the word "from -m except the green belt described in Ordinance 98 -06. ) l VA Discussion regarding beaches and other beach areas, greenbelts, proper zoning, and subdividing. CHAIR TORRES inquired :if this case is approved and that lot is zoned Industrial does that change any of the greenbelGrequire e is and restrictions, Lydick stated no, those ordinances exist apart from this actionSGHAIR'TORRESiasked if the only way that could change is if the assembly voted on it when it \ ? comes before them Lydick stated, yes, that's correct. CHAIRsTORRES stated the 100% unanimous public comment we received tonight stated they want an established :b'uffer zone, more than the greenbelt ordinance and from the Island Trails Network it may be more along the shoreline that's currently not within the greenbelt. Can we postpone this case with a recommendation to applicant to consider maybe modifying the application to include for a subdivision basically, Lydick stated the P &Z is advisory to the assembly on these rezone actions. The only authority that you have is to pass along a recommendation for rezone as amended, if that is your desire or a recommendation not to rezone. FINDINGS OF FACT 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. 12/19/2012 P &Z Minutes Page 6 of 11 Responsible management of a community's waste stream is a necessary function of local government. Providing the means and venues for managing a community's waste stream fulfills the government's responsibility as such. No other consolidated tract of land with the requisite size, accessibility, and zoning is available. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. (/ ,2 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval•ofthi're oz ne request \ \ \ ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY y ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY C) Case 13 -016, Request a Conditional Use Permit, according.to KIBC 17.200, to consider the expansion of landfill activities on the remainder of ADL 44355, as allowed by KIBC 17.105.020.E, subject to the approval of a rezone tool Industrial which is pending review in related case 13 -012. The applicant is the Kodiak Isl'and�Borough and the agent is Mike Patterson. The location is 1203 Monashka Bay'Road4AKA. Tax Lot 2001, Township 27 South, Range 19 West), and the zoning is C- Conservat on and'P Public Use Land. Lydick stated this request for a conditionaluC�permi ?i dh step in bringing the existing municipal solid waste facility into complies ceTith \he z ning ordinance. The petitioner is requesting formal recognition of the appropriaten t e\ xisting use, in this locale. The conditional use permit process affords the commission, in consultation .with the public, the opportunity to reasonably impose more stringent controls upon the conduct ofthe permitted activity than might otherwise be available tive through ordinary administra tools\And, the conditional use permit process affords the commission the opportunity to direct.other land ;use controls, i.e., potential subdivision and zoning options that ri �� �< � may achieve or encompass; elevant,neighborhood or community concerns. Thirty four (34) public re.ma hearing notices weiled'on'November 19, 2012 and four (4) responses have been returned commenting on the request. Staff is recommending approval for a conditional use permit. \ \Y/ \1 COMMISSIONEWSCHMIT.T MOVED to grant a Conditional Use Permit, per KIBC 17.200, according to KIBC 17.200>to allow r h expansion of landfill activities on the remainder of ADL 44355, as allowed by KIBC I7 :1051020:E s ubject to the approval of a rezone to I- Industrial, and to approve the findings of P ' . ' fact in that staff report:dated December 7, 2012, as Findings of Fact for Case No. 13 -016. The was opened. Public testimony was given by: Doug Pengilly stated he is not against expansion of the dump and cannot figure out what is being proposed :He's tried to read it,. It says existing landfill, existing landfill and then there's a picture. so he claims ignorance. This is an opportunity to deal with a lot of land issues and the landfill that have been brewing for a long time. He's not sure what this conditional use is for and he doesn't think the problem is solved from the last Tia Leber stated she's not opposed to the expansion of the landfill but she's opposed to the rezoning of the greenbelt buffer. The CUP of the landfill conditional use of Industrial use is messy and doesn't seem to fit especially if you think about the closure of its lifetime. What kind of permitted uses are allowed on Industrial zoned land? She proposed that we parcel out what the borough needs for the landfill, 12/19/2012 P &Z Minutes Page 7 of 11 Public Hearing Item / -L) P &Z December 19, 2012 Current Location Request: A rezone, according to KIBC 17.205.030 C, P & Z Case # 13 -012 to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District 0 0 a c a I � �.��T0 < Air 0 ir :41 1 4 4 4e4 1 61 t 1111111.,IP , il l( al' IP III 011 4 41 ��" NIL Y dthn 7 lir P W . f r . ∎ ∎ ∎∎� ■) ire: 0 s / v4 Ott * A Q, • AIMS 'WI ,< —I ' t' (.: "%. / iii ‘1117 . 4::: ■ 4, 4, „. ..... ,....„,.„ _ .. 4t , ... :-.. ..* i - � Legend Al e c KIB Landfill Site Am _.,e),.%.‘....- z v_,......,,,.. • ....:_,,._.. i. ,..,. ....t...r.„).---, ,\.:o4 Kodiak Island Borough GIS System 0 1,100 2,200 4,400 6,600 8,800 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -012 Introduction Page 1 of 3 Public Hearing Item I -U P &Z December 19, 2012 Kodiak Island Borough Zoning Map riA Community Development Department Current Zoning Request: A rezone, according to KIBC 17.205.030 C, P & Z Case # 13 -012 to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough . Kodiak Island Borough Solid Waste Disposal Site, from a combination of . PL- Public Use Land and C - Conservation Zoning Districi _ il l i P to I – Industrial Zoning District /i X16 ��a/ a L 1 � l�.Fa1s \� 4N+440P a I E- --% 1101011?"` IllrAr ift,,„pf- At 1� + °�►0.1►�alli e at air v 1:1"?:/1111.1r ,, a i l ' , 0 o+` Oprl� � . lk I llka ;) • ' '. t ., -. Ali4 0 . . X60 oc0 orOwi� e � � ,` �, p #;. Legend .a= °'9'' KIB Landfill Site eO.01 ti z � w�.dAPPAMLI r!6 %mar NIIIP!':e Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential 1 Light Industrial Watershed Rural Residential 2 AM Business Rural Neighborhood Commercial ] Conservation I Single Family Residential Retail Business Urban Neighborhood Commercial ] Rural Residential Two Family Residential Industrial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -012 Introduction Page 2 of 3 Public Hearing Item / -U P &Z December 19, 2012 Current Location Request: A rezone, according to KIBC 17.205.030 C, P & Z Case # 13 -012 to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District ."!' }v +' arm 't 16;.. :. r . 1 P` r V s• -',/:' - .4'4',X2 t Itic-t.'` , ;,- if , le •,- fi -K ' F M 7 .ems � : 1 . -;',•,..'',',.'. ' ' - 1'.' fge.g. ..“1...'1,1 00 Ail '0•A .4 4 li ,:`, it r n . .� . i ,' . Kr, : i . !•' .' t i ; r � 1 r r, , ; "o s ' ,,.te � 7 i ` ff *"• f .fi } y i u( 4, 11c �'r �h q 1 7L {r � H . • - ,,,,,... • - - Y e % • , � M- j ,,r ''• §' , mo t` ` ) ; .. 1 ,, ,,....,_, : , .. ' . •' ,4' V 4 Lf * t 4:f, •••;' ♦ /;: `: ;4,,P .. ' � y .Y i f'i 'r J ,r x �t . t _ '' �... -- .. ' H r ,i , t , otk `� fi , - • r i.. . , . j • r J. t . ' Y ; .fi r ' ' `i : �, „. 6 , v .,, 10 •••• 1 / I - ' • �, . sir, c ' • . • � r , 1 M '� fi t' �" .c,S ) till „ ��'' f ' SS 11,-;.,,-./:. fi r' ,?s � ;t . ;, / Be r ,.• f�, ', r . 1. . i' ma ; i ' M � f / ` , , ��ii'v ey r. . r a j} r .. ,. i 3 . A) t r ‘` - � 0 ,J7 0 ; �1f • l':.'"' gat ' '" d . ,' � • y` t � � I�' ~ H. :t . •f,.�jfta y. .1' q �'� S + . , r '.;',.',4,., F r • � � 1 '� . 1y, f.. q • i • _ , •r /' T , , r �..l r > .� � " -.44 -.. .' ,- -k - -lY r „ ' � l � ` y � f ` v y f ! w T 7 .i �T � 1j • kkr - 1" . • y ,I i }. / •'^ at , ,A14'. r 'r.+ t P•r �6 Vi, n' .try. , ,.. f - Ra .� ' ..r' ,r t � ' , 1(�`3, Par , r c , ,'t 7 t . Legend • - 1 � . , 1 • } f I , _0 ,4 !g r F_l.j.. If , . F' ` v `' Landfill Site ,.>� , , . �. ' ` `' K1B . lio ` / . fit . . I i' '!► T . 1. -..-4-: f .I` ' '. aL r. � 6, , I .;at f . .. . , ' � a a. J Y�S . • ' l 4. z ` _ :*'R' �,• 7 o a' r r f 7 y r b�;, Kodiak Island Borough GIS System . p ' 0 550 1,100 2,200 3,300 4,400 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -012 Introduct Page 3 of 3 Public Hearing Item I -D P &Z December 19, 2012 uP Ofa - eo tt /zlf Iz Kodiak Island Borough .. Print Foim I I, Submibby Email Community Development Department 710 Mill Bay Rd. Rm 205 n' Ph. (907) 486 62 Fax (907)486 -9396 III I�II�IIIIII�I IIIIIII httoJ /www,kodiakakus 2214 9 A PROP_ID 22149 Application for Rezone KIBC 17.205 The following information is to be supplied by the Applicant: Property Owner / Applicant: Kodiak Island Borough Mailing Address: 710 Mill Bay Road, Kodiak, AK 99615 Phone Number: 907 -486 -9348 Other Contact email, etc.: mpatterson @kodiakak.us Legal Description: Subdv: T27S R19W TL200 Block: Landfill Lot: Site Street Address: 1203 Monashka Bay Rd. Kodiak, AK 99615 Current Zoning: Public Use KIBC 17.130 Proposed Zoning: Industrial KIBC 17.105 c- o�+5 o,A Applicable Comprehensive Plan: January 2008 Explanation of the need &justification for a change or amendment of zoning: A sanitary landfill is required to be zoned Industrial by KIBC 17.105. The landfill site is currently zoned conservation & public use. Conservation district is a residential zone. A non conforming residential use may not be expanded in a residential zone. Sanitary landfill sites are highly regulated by the U.S. Environmental Protection Agency (EPA) under the Resource Conservation and Recovery Act (RCRA) and the Alaska Department of Environmental Conservation (ADEC) 18AAC60 Solid Waste Regulation. Sanitary landfill placement is restricted by aircraft usage and distances prescribed from airports, floodplanes, wetlands, fault areas, seismic impact zones, and unstable areas. The type of sanitary landfill that the Kodiak Island Borough is operating is a Class I Municipal Solid Waste (MSW) Disposal Facility operating under a cyclical 5 year ADEC permit with stipulations. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: An appropriately zoned and sited sanitary landfill is an objective of the January 2008 KIB Comprehensive Plan. V .l CA-SE A i NOV 1 IL. - ot2 rr.•111luny EVEIOPVP1T Date: Nov 21, 2012 Signature: Michael P. Patterson, CSP; KIB Solid Waste Manager Case No. 13 -012 Application Page 1 of 4 Public Hearing item / -D P &Z December 19, 2012 Kodiak Island Borough I Print Form I Submit by Email I Community Development Department sh 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us PROP_ID /L /? Application for Rezone KIBC 17.205 �" l The following information is to be supplied by the Applicant: Property Owner /Applicant: YGDIAK T(.,fr'i - ) tpto-silh _ Mailing Address: `\fib (Ytl(t 11444 IC ICITIA1C Atc 9 Phone Number. ( { (I �' 4 Yct • t i 3,u Other Contact email, etc.: \Ckec (n 5 ei 1COnt At ,4-ic .0 S Legal Description: - Im bA Ce. S( Subdv: �a1 ,Q1C1 w TL � a � lock: - Lot: Street Address: (a,&, P \ Dnc$hkc 4- J c-G ice) DI Pi& A . fit C Current Zoning:2U vlJA -no Proposed Zoning: tra-3f/tSiQ Applicable Comprehensive Plan: 1 n c) 09 Explanation of the need & justification for a change or amendment of zoning: C ' � r l l r w t S l " `ck f rl I (S ( . Q ( - k { J t [ - f ( . I \ ) vie. 2 l r L v c k OE u s It(/Q Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: appko ?R.t lent St Lp r j t4 w c.. t S Ao 00SS i t O F The SA, r ZOO to lo co ,�/lS{ 1CJSw � L -( Date: q q Signature: t Case No. 13 -012 Application Page 2 of 4 Public Hearing Item I -U P &Z December 19, 2012 • CDD Staff Certi /( Date: ? '/ /�J � /� �_7 'Y` � "'4 CDD Staff: /// I `/ / � // /J / `� l� V � Payment Verification Fee Payable in Cashier's Office Room k 104 Main floor of Borough Building Not Applicable F $0.00 Less than 1.75 acres: F $350.00 1.76 to 5.00 acres: F $750.00 5.01 to 40.00 acres: r $1,000.00 40.01 acres or more: r 1,500.00 boa r / ,, ass • • Case No. 13 -012 Application Page 3 of 4 Kodiak Island Borough Journal Post Listing Journal Reclassification Department Number Type Sub Ledger G/L Date Description Source Reference Journal Type 120 - Finance 2013- 00000495 3E GL 09'19;2012 Application for rezoning from Public conservation to Industrial G/l. Date GIL Account Number Account Description Description Source Debit Amount Credit Amount 09/19/2012 100 101.100 Cash In Bank -Wells Fargo Application for rezoning from Public 1,500 00 conservation to Industrial 09/19/2012 100- 000 322.170 Zoning Change Fee Application for rezoning from Public 1,500 00 conservation to Industrial 09'19'2012 530 101.100 Cash En Bank -Wells Fargo Application for rezoning from Public 1,500.00 conservation to Industrial 09t19/2012 530 -731 450.110 Operating Supplies Application for rezoning from Public 1,500.00 Cu conservation to Industrial Number of Enures, 4 $3.000.00 $3,000.00 0 w d v d ro A Z (j0 N Cr O n fD = co tD 3 N fD o 5 j rn dq r kD rn � NJ • User: Dria Holloway Pages: 1 of 1 9/19/2012 10:14:09 AM Public Hearing Item I -D P &Z December 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 November 19, 2012 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 19, 2012 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -012 APPLICANT: Kodiak Island Borough AGENT: Mike Patterson REQUEST: A Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C- Conservation Zoning District to I- Industrial Zoning District. LOCATION: 1203 Monashka Bay Road (AKA — Tax Lot 2001, Township 27 South, Range 19 West) ZONING: C- Conservation and PL- Public Use Land This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, Tuesday, December 4, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may email your comments to ssmithna.kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. 'The toll free telephone number is 1 -855- 492 -9202. One week prior to the regular meeting, on Wednesday, December 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 13 -012 Public Comment Page 1 of 21 Public Hearing Item /-D P &Z December 19, 2012 Notification Area Request: A rezone, according to KIBC 17.205.030 C, to rezone P &Z Case 13 -012 Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, Kodiak Island Borough from a combination of PL- Public Use Land and C - Conservation Zoning District to I – Industrial Zoning District Az Is, 4 Peritfa all $ 0 1411141 . 1 OM A kkastal* leaf 4 :41. In - .ea -:i i snip v go a /00 Il :• ,• : oo • : O i l e f a t s" i : :;;;.O rg i: ; / ,; i kd ita d p � �i � i � i � • i � i � i � i � � i� i� i • i� i� i� i� i� i i si i i i i • i i i i •• • .iiiii•iii•i, i i i i i • i i i• i v' . • • i • • • • • i • • • • • i • • • i • • i • • •i .. • • i • i • i • i • • • i • • • i • • • i • • • i • ., • 1111 ‘i •••iiiiiiiiiii• 0 •„ O•iiiiiii• ,, Al it , j,. .0....„ -,...r ii0 03--,s4.1 IS if 00 �a� ovo�`oA ' : Kodiak Island Borough GIS C r, , — Legend Feet i rtt • 0 950 1,900 3,800 ' - •� • � •' ) t r t r t 6 igt, Subject Parcel 1 This map was prepared from the Kodiak Island Borough's GIS System. It is poWded for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -012 Public Comment Page 2 of 21 Public Hearing Item / -U P &Z December 19, 2012 MARK WITHROW ETAL BRIAN DIXON ETAL MARTHA MCKINNEY 1818 EAST REZANOF DR PO BOX 364 P.O. BOX 2037 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CAROL JUERGENS ETAL MARK ANDERSON DANNY JACKSON ETAL 1818 E REZANOF DR 1124 STELLER WAY PO BOX 169 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KEVIN LOFBERG FORREST GOULD S & V REVOC TRUST 2289 FOREST DR P.O. BOX 1214 C/O SUZANNE SOLENBERGER KODIAK, AK 99615 KODIAK, AK 99615 BARROW, AK 99723 ANDREW SCHROEDER S & Y REVOC TRUST DOUGLAS MATHERS PO BOX 301 C/O SUZANNE SOLENBERGER PO BOX 2916 KODIAK, AK 99615 BARROW, AK 99723 KODIAK, AK 99615 LAWRENCE ELLSWORTH LOGAN CRANE JAMES SWEARINGIN PO BOX 751 7065 CALLE PONCE DE LEON 1877 MARMOT DR KODIAK, AK 99615 NAVARRE, FL 32566 KODIAK, AK 99615 KENNETH PAULLIN SHAWN DILLON KENNETH CHRISTIANSEN 1523A MISSION RD P.O. BOX 1896 1849 MARMOT DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL TICFMAN JOHN W KIMMEL GARRICK D BARNES 2159 ISLAND CIRCLE 2107 ISLAND CIRCLE 2091 ISLAND CIR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ROBERT MUDD JR JAMIE GODWIN JEAN DICKSON ETAL PO BOX 8933 PO BOX 1532 P.O. BOX 8347 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DAVID SUNDBERG THOMAS ANTHONY FRANK FISH SR 2055 MARMOT DR. 2032 ISLAND CIRCLE P 0 BOX 437 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 VETERANS OF FOREIGN WARS FREDERICK MILLER JOHN THOMAS PO BOX 404 PO BOX 9035 P.O. BOX 3131 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 13 -012 Public Comment Page 3 of 21 Public Hearing Item 7 -U P &Z December 19, 2012 PAUL ZIMMER ETAL DAVID PUTNAM PAUL ZIMMER ETAL 2000 RIDGE CIRCLE PO BOX 1541 2000 RIDGE CIRCLE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK ISLAND BOROUGH MONASHKA BAY ROAD, LLC KODIAK ISLAND BOROUGH 710 MILL BAY RD PO BOX 1753 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 CITY OF KODIAK KODIAK ISLAND BOROUGH KODIAK ISLAND BOROUGH P.O. BOX 1397 710 MILL BAY RD 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 Case No. 13 -012 Public Comment Page 4 of 21 Public Hearing Item I -U P &Z December 19, 2012 Sheila Smith From: nat wales <middlebaynat @yahoo.com> Sent: Monday, December 03, 2012 8:57 PM To: Sheila Smith Cc: middlebaynat @yahoo.com Subject: CASE 13 -012 PUBLIC COMMENT CASE 13 -012 DEC 3, 2012 I would like to comment on the rezone of the Kodiak Island Borough Landfill from PUBLIC USE (PL) and CONSERVATION (C) to (I) an INDUSTRIAL zoning district. First I'm surprised that the KIB landfill is still zoned or even allowed in it's present zoning status. I whole heartily endorse the borough to upgrade the zoning to Industrial as it should be anyway. My wife and I have lived in Middlebay for 30 years where the city has proposed hauling their sewage sludge for the comercial composting project. This could have possible severe negative impacts on our neighborhood do to smells along with possible water and health impacts to name a few. I favor the idea of relocating the commercial composting operation to the KIB landfill after it is rezoned to industrial and the expansion projects are ready for them. I understand that the leachate problem at the land fill is being addressed with a new treatment facility. Wouldn't it be possible to combine commercial composting at the landfill and site its operation there where it's leachate would also be treated. Again rezoning the landfill to Industrial is common sense where both sanitary landfills and commercial composting are allowed as conditional uses. Nat Wales po box 1786 MP 21 chiniak Hwy Middlebay 1 Case No. 13 -012 Public Comment Page 5 of 21 Public Hearing Item / - P &Z December 19, 2012 Sheila Smith From: sarah thayer <ktbls @yahoo.com> Sent: Monday, December 03, 2012 10:53 PM To: Sheila Smith Subject: Public Hearing Notice Re: Case 13 -012 Request: Rezone Landfill from a combination of PL and C Zoning District to I- Industrial Zoning District I, Sarah Thayer, approve the landfill being rezoned from C and PL to I. It makes total sense. Should have been done years ago. Under Industrial, commercial composting is permitted. Pete Olsen can do his sludge composting or the boro can do its own but it will not be done in pristine Middle Bay! The green belt area will remain so no landfill- bordering property owners should be worried. The buffers will still be there. For these positive points, please approve this rezone. Thank you. P.O. Box 1282 MP 21 Chiniak Hwy. Middle Bay Kodiak 1 Case No. 13 -012 Public Comment Page 6 of 21 Public Hearing item / -U P &Z December 19, 2012 Sheila Smith From: Douglas Pengilly <douglaspengilly @icloud.com> Sent: Tuesday, December 04, 2012 12:50 PM To: Sheila Smith Subject: P &Z case 13 -012 (and 13 -016) on the agenda for 19 December 2012 meeting P &Z: My name is Douglas Pengilly. These written comments pertain to case 13 -012 and the related case 13 -016 that the P&Z will be addressing at their December 19, 2012 meeting. I live with my family at the property we own at 2063 Island Circle, which borders the lot being considered for rezoning as (- Industrial. First, I think it goes without saying that absolutely no one in my neighborhood is in support of rezoning the lot that the landfill is in (a lot that is currently a mix of C- Conservation and PL- Public Use, with a "greenbelt" thrown in) as Industrial. We have serious concerns related to health issues (e.g., we are all on well water), quality of our lives, and the monetary value of our homes. A lot of time and words can be saved here by sampling noting the obvious: no one who lives in this neighborhood chose to buy a home and raise a family in this area out of a desire to live next to an industrial zone. The reactions to this possible rezoning that my neighbors have told me include: disbelief, outrage, tears, nightmares, and "if it happens, we're selling our house and moving!" It was not too long ago that we had to fight a request to rezone the nearby "Sawmill Lot 1" as Industrial; turning the lot that the landfill is on - which actually borders our residential lots and is more than 13 times bigger than "Sawmill Lot 1" - into an industrial zone is unacceptable. I want to be clear that, in the remainder of my written comments, I am only speaking for myself. I can't say that any of my neighbors will agree with what I am saying, because I haven't had a chance to discuss an approach to this issue with my neighbors (mainly we have only been able to study and gather information on this issue independently - when we were not wringing our hands over it). I believe that the P &Z should take their consideration of cases 13 -012 and 13 -016 as an opportunity to resolve the re- occurring land- use /residential -use conflicts brought before the P &Z that have existed since my wife and I purchased and moved into our house in 1990. Although the landfill takes up a portion of the lot in question, much of that lot has been de facto natural use land; it is filled with trails and includes a beach used by many people (not just people in the neighborhood). Moreover, we in the neighborhood count on it to be in a natural -use state for the purposes of our health (e.g., well water, again), quality of life, and the related home values. Whether or not correct in legal interpretation, this is what most people think is intended when they see that land is zoned "conservation" or "public use" and are told that it includes a "greenbelt." So my recommendation to address case 13 -012 and the re- occurring land -use conflicts in this area are to: 1) 1) The lot that the landfill is in should be subdivided into two lots so that the land that is currently zoned Public Use, all the land that is included in the "greenbelt ", and all land that is currently zoned as Conservation that is not needed for the landfill or for its expansion plans (I believe I have seen a map with the plans for the landfill development in the next 40 years) can be zoned as NU- Natural Use. Case No. 13 - 012 Public Comment Page 7 of 21 Public Hearing Item / -U P &Z December 19, 2012 2) 2) Rezone that land described in (1) as NU- Natural Use. 3) 3) If it is entirely necessary (i.e., not just for purposes of bureaucratic simplicity) that the remaining area used by, and reasonably projected to be used by, the landfill in that lot be rezoned from C- Conservation to I- Industrial, then the decision to make that rezoning should be accompanied in the written record that no other uses for that land (whether or not they are allowable in the I- Industrial zone) can be allowed without a public hearing before and approval by the P &Z. 4) 4) Finally, complete the resolution of the "re- occurring land- use /residential -use conflicts" in this area by rezoning the other Borough -owned lot that borders the residential property (i.e., the currently - empty "Sawmill Lot 2 ") from C- Conservation to NU- Natural Use. Thank you for your consideration of this. — Douglas Pengilly 2 Case No. 13 -012 Public Comment Page 8 of 21 Public Hearing Item / -U P &Z December 19, 2012 KODIAK ISLAND BOROUGH C [I VIE I COMMUNITY DEVELOPMENT DEPARTME 710 Mill Bay Road, Kodiak, Alaska 99615 NOV 5 2012 (907) 486 -9363 October 17, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE COMMUNITY DEVELOPMENT DEPARTMENT A public hearing will be held on Wednesday, November 21, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: A) CASE: 13 -012 APPLICANT: Kodiak Island Borough AGENT: REQUEST: A rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site from.a.combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District. LOCATION: 1203 Monashka Bay Road ( AKA - Tax Lot 2001,Township 27 South, Range 19 West) ZONING: PL- Public Use Land and C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, on Tuesday, November 6, 2012 tote considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free number is 1- 855- 492 -9202. One week prior to the regular meeting, on Wednesday, November 14, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (8121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: S 1AW■ T` ) tJ f (,IN (' Mailing Address: Z e ess: U) -U SINE 11' <0 F Your property description: AG)rn1 LL Se.I 1! /I Si nets L n . 1- comments: I i '_ X7 a fin'itL I i/t la.n • ^IA. )2.4t�1 _ A A. i 4 L �' i.•s. ✓. (fJl �.�i ��/ 4 4 nay 446 A alr; A / G ;0501 ..,41WASARWInde MA R arA -_CAIN/ Airen .Pi -( Aar; e r / .s;,1/ Case No. 13 -012 Public Comment Page 9 of 21 PUNIC Hearing Item / -U P &Z December 19, 2012 2012 -12 -04 08:00 FED 19074875494 » aklslandBorough p 1/1 Submit by Email Kodiak Island Borough Community Development Department 710 Mill Bay Rd, Rm 205, Kodiak, AK 99615 tcrtik Ph. (907) 486 - 9362 Fax (907) 486 - 9396 Print Form htto://www.kodiakak.us Public Hearing Comment P & Z Case No: Case #13 - Solid Waste Landfill Re -Zone & Case $113-al 6 Conditional Use Permit Your Name: Frederick and Theresa Miller Mailing Address; PO Box 9036, Kodiak, AK 99615 Other Contact email, etc.: ftmillerogci,net, telephone 486 -5512 Your Street Address: 2069 Ridge Circle, Kodiak, AK 99615 Please enter your comments below. Use additional pages as needed. Dear Planning and Zoning Commission, We are residential property owners in close proximity to the Conservation and Public Use zones near the landfill tracts that are currently being considered for rezoning and conditional use permitting. We are also familiar with the Greenbelt established by KIB -C 98-06-0 to serve as a visual and sound barrier separating activities at the landfill site from residences In the area, It Is Important to note that It Is widely recognized that the wetland within the Greenbelt also serves an important water quality function because It acts as a contaminant sink and filter to pollutants found In the landfill leachate. The Greenbelt will continue to serve this critical function even after the new waste water treatment plant is constructed and operational, Water quality Is Important to the residents near the landfill because many currently use drinking water wells that could be effected by solid waste contaminates. The proposed change to Industrial Zoning threatens the health, well - being, and property values of residents in the vicinity of the landfill because it threatens the established Greenbelt. To my knowledge no new industrial activities, other than landfill lateral expansion and waste water treatment facility, are currently proposed but rezoning opens the door to such activities. The existing buffer zone Is not substantial when compared to the large scale Industrial activities currently taking place at the landfill and adjacent commercial sawmill site. Additional loading to the greenbelt Is likely to render It ineffective for Its stated purpose. We are In complete agreement that the current landfill, lateral expansion, and water treatment plant would be appropriately rezoned to Industrial. However, It is Inappropriate to rezone the Greenbelt toIndustrieL For the reasons stated above, we are opposed to the current proposal (Case #13-012) of rezoning the entire Conservation and Public Use parcels In the vicinity of the landfill. We urge the committee to consider an alternative plan that would involve creating an Industrial Zone that encompasses the Landfill operations only (to Include the important expansion projects currently underway), while maintaining adjacent Conservation Zone, Public Use Zone, and established Greenbelt that will serve to protect the nearby residents. Respectfully, Frederick and Theresa Miller //� / /// Date: December4,2012 Signature: A Case No. 13 -012 Public Comment Page 10 of 21 Public Hearing Item 7 -U P &Z December 19, 2012 Sheila Smith From: M. McKinney <marthyog ©hotmail.com> Sent: Tuesday, December 04, 2012 4:20 PM To: Sheila Smith Subject: Case 13 -012 and Case 13 -016 To Whom it May Concern: I oppose the rezone of Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, from combination of PL- Public Use Land and C- Conservation Zoning District to I- Industrial. To my knowledge there has already been an illegal expansion of the KIB Solid Waste Disposal Site. For the Borough to now rezone the area industrial and not acknowledge the greenbelt boundary that was promised to the residents of Three Sisters Way and Monashka Way is dishonest, wrong, and dangerous. To not notify landowners on both sides of the streets eliminates input from the people whose wells, property values, and residences are threatened by this irresponsible action. The maps sent out do not show the numerous wetlands, nor the greenbelt boundary. I object to the manner in which public input has been limited. I respectfully request that the greenbelt boundary be zoned as such. I oppose the conditional use permit to expand the landfill. If any expansion is to be considered, it should be in the other direction toward Pillar Creek. Please protect your citizens. Thank you and Sincerely, Martha McKinney PO Box 2037 Kodiak, AK 99615 Property Description: USS 1678 TR B LT 7 Case No. 13 -012 Public Comment Page 11 of 21 Public Hearing Item / -D P &Z December 19, 2012 KODIAK ISLAND MEDICAL ASSOCIATES LLC 1818 EAST REZANOF DRIVE • KODIAK, ALASKA 99615 • (907) 486 -6065 or 486 -3177 • FAX 486 -2248 MARK WITHROW, M.D. •General Practice _ PAUL ZIMMER, M.D. • Family Practice CAROL JUERGENS. M.D. • Internal Medicine ' ?. RAE JEAN BLASCHKA, ANY STEVE BURNSIDE, M.D. • Internal Medicine ;l i\ . LAURA WALTERS, M.D. • Family Practice •DAYNA FERGUSON, M.D. • Family Practice . z., ,! GREG METE, PA -C SHAWN VAINIO, M.D. • Family Practice JENNIFER WEBSIER. M.D. • Family Practice NADENE ELLSWORTH, Office Manager Mike Patterson NOV 2 6 2012 J November 15, 2012 Engineering and Facilities Kodiak Island Borough Community Development Department COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 RE: Case 13 -012, change of zoning from public use and conversation to industrial zone. Dear Mr. Patterson: I probably will not be able to attend the December 19, 2012 planning and zoning regular meeting. I would like to add my comments on the proposed zoning change. I was the Monashka Bay Service Road District Chairman for six years in the early part of 2000. My time was responsible for the Greenbelt Boundary, Kodiak Island Borough Ordinance #98 -06 -0. I am no longer on the board. But I do, of course, have opinions. 1. Not in my backyard. This may be opinion of others, but it is not mine. I believe it makes sense that if the borough is receiving material from the sewage treatment plant now, that it continue to take it and have the composting operation that was going to be in Middle Bay occur on the landfill site. 2. As a resident of the closest population (the Monashka Bay Road Service District) I would ask your consideration in also putting a transfer station at the landfill. This also makes good sense in an island community. We need to recycle more. The personnel at the landfill can also monitor for illegal dumping. Ultimately, a transfer station reduces the amount in the landfill. 3. Change greenbelt to environmental zoning. hi summary, I am not against the change of zoning from public use and conservation to industrial. I would favor having the composting to happen at the landfill whether you need to expand it a little bit into the Greenbelt or in a more westerly direction toward the VFW. Either solution makes more sense than trucking the sewage to Middle Bay. Secondly, in consideration for this composting in the landfill, I would request that a transfer station be set up also on the landfill for effective recycling in our community. Common sense remains a rare commodity but a noble goal. Sincerely, l / 7 , ,. / "et C4/ /�g 'r W Mark Withrow, MD Resident, Monashka Bay Road Service District MW:kgw D:11/15/2012/T:(1/16/2012 Case No. 13 -012 Public Comment Page 12 of 21 Public Hearing Item I -L.) P &Z December 19, 2012 KODIAK ISLAND BOROUGH C13 R(p COMMUNITY DEVELOPMENT DEPARTMENT 710 M ill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 October 17, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 21., 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 7 a qquc�a A�aa,-before the Kodiak Island Borough Planning and Zoning Co ' sii oWrUckifi $•b any, on the following request: U A) CASE: 13 -012 APPLICANT: Kodiak Island Borough NOV 6 2012 ../ AGENT: — REQUEST: A rezone, according to KIBC 17.205.030 C, C S. 3945 and the remainder of ADL 443c9114 rl I Borough Solid • - - - - • - • • Waste Disposal Site, frog a combination of PL- Public Use Land and C - Conservation Zoning District I — Industrial Zoning District. LOCATION: 1203 Monashka Bay Road ( AKA - Tax Lot 2001,Township 27 South, Range 19 West) ZONING: PL- Public Use Land and C- Conservation This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm. on Tuesday, November 6, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486-3231. The toll free number is 1- 855 - 492-9202. One week prior to the regular meeting, on Wednesday, November 14, 2012, a work session will be held at 630 p.m. in the Kodiak Island Borough Conference Room (f1121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 - 9363 • row Name: ,�A,vvU{ . �t - �ot } Mailln Addreir. p n Nom pitmen desutpmn: MCau •. SXAIA Ct €- l• S.S�O,w1�v Comments: _ I _a t 1 k s SW }. Or.1/4 , . -. • t 1 • 0 Y ' aSr1 e . ! D i } . !r. .r ' m . ' ! __ i .. . Cite YUl Qe ( IsmPKn. ti 00 1AM.1 • � .� a -., i °•,,. as CWW1 caps k • vyCO ► • L'd L60L'994206 uiMpoQGlwer g££ :60 Et90n °N Case No. 13 -012 Public Comment Page 13 of 21 Public Hearing Item / -U P &Z December 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT • 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 November 5, 2012 Public Hearing Item 7 -A PUBLIC HEARING NOTICE The case listed below was postponed to the Decem 19p0�1� ! g Commission regular meeting. The comment deadline h o e d ft r 4, 2012. CASE: 13 -012 • DEC - 4 2012 APPLICANT: Kodiak Island Borough AGENT: Mike Patterson REQUEST: A rezone, according to KIBC 17.205.030 C, tougtipplifq3NaMSJOSSFARilgete - - - - - the - remainder of ADL 44355; Comprising the Kodiak Island Borodgh Solid Waste Disposal Site, fcgm a combination of PL- Public Use Land and C - Conservation Zoning District to I - Industrial Zoning District. . LOCATION: 1203 Monashka Bay Road ( AKA - Tax Lot 200 ',Township 27 South, Range 19 West) ZONING: PL- Public Use Land and C- Conservation This notice is being sent to you became oui records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 Dm. December 4, 2012 to be considered by the commission, If you would like to fax your comments to us, our fax number is: (907) 486- . 9396, or you may email your comments to psmitht kodiakalcu4. If you would like to testify via telephone, please call in your comments during the appropriate public bearing section of the meeting. The local call -in telephone number Is 486.3231. The toll free 'Alaska telephone number is 1- 8559202. • One week prior to the regular meeting, on Wednesday, December 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (9121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. ,a r{1Q,a,p ? ,, _ Your Namat Asr"'� Ern &3� main Add k.7-rJj�SQ(,r7`S r itter.4,7:91- Yoarprapertydaedpdca: "(Ct '.L .22) .L.% :� t Iii �: ��_i 7 4Leropmrit# • ill /Ill 397d tlWIN 130ZZ9B0L06 Bt:DI ZIOZ /DO /ZI Case No. 13 -012 Public Comment Page 14 of 21 Public Hearing Item / -D P &Z December 19, 2012 Sheila Smith From: Ed and Vicki DeNoyelles <denoyelles @hotmail.com> Sent: Monday, December 03, 2012 7:29 PM To: Sheila Smith; kdm Subject: LANDFILL REZONED TO INDUSTRIAL Sheila, I was managing the Adak Landfill twenty years ago as a federal employee. ADEC was very proative when I approached them at that time to bring Adak Landfillinto compliance. Now I am a federal employee with the USCG as a environental program manager. Speaking from solid experience and as a kodiak citizen we need to manage our landfill effectively and responsibly. Lets rezone. And am very concerned about why we just don't go to ADEC and show that we can safely store sewage sludge on existing footprint of the landfill with effective placement of liner to prevent leachate runoff of sewage sludge until placement or composting of final destination. The City and USCG think itis okay to place on USCG property in pristine Buskin Watershed, next to a drinking water plant and then move again at a later date to a unknown destination. I heard on the radio that Juneau and Kodiak re the most expensive cities to reside in Alaska. We are our own worst enemy and need to logically work together in a responsible fiscally cognizant manner. Thanks, Ed DeNoyelles 539 -6987 1 Case No. 13 -012 Public Comment Page 15 of 21 Public Hearing Item I -U P &Z December 19, 2012 • KODIAK ISLAND BOROUGH f' COMMUNITY DEVELOPMENT DEPARTMENT l et' 710 Mill Bay Road, Kodiak, Alaska 99615 November 19, 2012 Public`Hearing Stem 7. -D. PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 19, 2012 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -012 APPLICANT: Kodiak Island Borough AGENT: Mike Patterson REQUEST: A Rezone, according to KIBC 17.205.030 C, to rezone Lot I, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C- Conservation Zoning District to I- Industrial Zoning District. LOCATION: 1203 Monashka Bay Road (AKA — Tax Lot 2001, Township 27 South, Range 19 West) ZONING: C- Conservation and PL- Public Use Land This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, Tuesday, December 4, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. or you may email your comments to ssmitht kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1455 -492 -9202. One week prior to the regular meeting, on Wednesday. December 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. r Your Name:r VM( I$' ,//1/r t , Mailing Address: -t 1 'V MIL& U /'A1 / 1� l./I l Your property description: y oor" /. / 977 ..! / It —! r � I. Comments: • 1 40 rig . Is& ■ i C bil .0 1 t k Rer> , m rktve2 Dr Apt- 11-1- 1-120 ZiLek2WT `D re4i r (- >-tUxfl pis Ye , — L K123 u4 P r7c N Ih IS t� MlI ( M16 APP4Ll -'R fits" e SttD(- 'PTA, R!n- `rY/t. 1ELIIN/C� a 1fll DEC -32012 U Cf VAIJNITY AFVFI OPMFNf nrPAR7111NT Case No. 13 -012 Public Comment Page 16 of 21 Public Hearing Item / -I) P &Z December 19, 2012 Martin Lydick From: Duane Dvorak Sent: Monday, December 03, 2012 3:16 PM To: Martin Lydick Subject: FW: Online Form Submittal: Comments & Questions Related to Cases 13 -012 and 13 -016. - -Duane Original Message From: Meagan Christiansen Sent: Monday, December 03, 2012 2:55 PM To: Duane Dvorak Cc: Mike Patterson Subject: FW: Online Form Submittal: Comments & Questions The following came in via the website... Original Message From: support @civicplus.com (mailto:support@civicplus.com] Sent: Monday, December 03, 2012 2:52 PM To: Meagan Christiansen Subject: Online Form Submittal: Comments & Questions The following form was submitted via your website: Comments & Questions Name:: Christine Ford Address:: 12433 S. Russian Crk. Rd. City:: Kodiak State: : AK Zip:: 99615 Home Phone Number:: 9074874911 Daytime Phone Number:: Email Address:: fordchristine @vahoo.com Comments & Questions:: Please change the zoning for the landfill to industrial to allow composted sewage to be dumped in the landfill. Additional Information: Form submitted on: 12/3/2012 2:52:20 PM 1 Case No. 13 -012 Public Comment Page 17 of 21 Public Hearing Item / -D P &Z December 19, 2012 Submitted from IP Address: 216.67.80.155 Referrer Page: http: / /www.kodiakak.us /index.aspx ?NID =240 Form Address: http: / /www.kodiakak.us /Forms.aspx ?FID =79 2 Case No. 13 -012 Public Comment Page 18 of 21 Public Hearing item / -D P &Z December 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 November 19, 2012 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 19, 2012 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13 -012 APPLICANT: Kodiak Island Borough AGENT: Mike Patterson REQUEST: A Rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C- Conservation Zoning District to I- Industrial Zoning District. LOCATION: 1203 Monashka Bay Road (AKA — Tax Lot 2001, Township 27 South, Range 19 West) ZONING: C- Conservation and PL- Public Use Land This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, Tuesday, December 4, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may email your comments to ssmitht kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 855-492 -9202. One week prior to the regular meeting, on Wednesday, December 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. ��v, 7 Your Name: T 1[ 0M - '��tiv�/ / Mailing Address: 2.c3Z ist (0--C t Your property description: �203 7- t565119-`-c2 (ttiC t. E ) (41 -t I AM l f Comments: g G 1 1 1 ,I AcA `e-N t trt. C1VPIPA m I I I I - COMMUNITY UEVE t • Case No. 13 -012 Public Comment Page 19 of 21 Public Hearing Item / -t) P &Z December 19, 2012 I'm writing in regards to the rezoning of land that borders my property. You want to rezone the land from Public Use /Conservation to Industrial to further expand the landfill. I oppose this rezoning for a number of reasons. The following are reasons I oppose the rezoning of the land. ❑ A decrease in value of my property due to close proximity to a landfill ❑ Excess noise pollution a Undesirable smell from the landfill ❑ Losing the aesthetic value of our property ❑ Possible ground water contamination into our drinking water and well systems Furthermore I am concerned that the development will take away a recreation location for many of the residents that live off of Marmot drive and Three Sisters Rd. This area is frequently used by many residents as a place to hike, access the be2rh, kayak, and enjoy the natural beauty of Kodiak close to home. As land access has become scarcer on the Kodiak road system recently, it would be a shame to further cut more access to natural areas. I want to raise my children close to "the woods" and let them grow up and play in these areas. Not a landfill. P.S. After speaking with other neighbors there is some confusion on if the greenbelt proposal is still effective. Everybody received that notice, but the newer notices do not contain the greenbelt. Someone may want to clear that up at the meeting on December 19, 2012. Thank you for considering my concerns on this rezoning To/ Anthony 2032 island Circle Kodiak AK g f i t e r e l k i i Cat o e 13 01 a Case No. 13 -012 Public Comment Page 20 of 21 Public Hearing item / -I) P &Z December 19, 2012 Sheila Smith From: Paul Zimmer <kodiakzimmers @yahoo.com> Sent: Saturday, November 24, 2012 6:49 PM To: Sheila Smith Subject: Case 12 -012 Dear P&7, Commission: We live at 2000 Ridge Circle, and also own the lot at 2003 Ridge Circle. Both properties border Lot 1 U.S. Survey 3945, which is the lot containing the Kodiak Solid Waste Disposal Site. We oppose the rezone of the entire lot to industrial for the following reasons: 1) Adjacent industrial activity could potentially alter the nature of our neighborhood, and has the potential to decrease property values. Most of us who live out here do so because we value the natural beauty. Even though current plans do not call for industrial development adjacent to the residential lots, future borough assemblies may not honor the intentions of the current and past assemblies to declare a "Greenbelt ". It is our understanding that the term "Greenbelt" is descriptive only, and is not a true, legal protection for that land. 2) All of the residents adjacent Lot 1 U.S. Survey 3945 are on fresh water wells. Extending the solid waste disposal site would jeopardize the water quality and health of the residents. 3) The owner of the sawmill lot has been trying for several years to change zoning to allow for more industrial use. Most of our Marmot Drive neighbors have opposed this. (Note that significant industrial activity has occurred on this lot even though it is not zoned for such use.) Changing the adjacent lot to industrial will further encourage the owner to to continue to pursue such a designation for his lot. Instead, we propose that the lot be subdivided. The area incorporating the current landfill and expansion be zoned industrial. The remainder of the lot, including the entire area currently labeled "greenbelt ", as well as the large wetlands, and the beach area on Monashka Bay, be zoned Natural Use, Wildlife Habitat, or another, equally protective designation that would truly protect the area adjacent to the residential district from development. Thanks You 5 E C (i= 0 V L 2 1 Sincerely J NOV I� V 2 6 2012 Paul Zimmer and Tia Leber 2000 Ridge Circle, Kodiak AK 99615 COMMUNITY DEVELOPMENT DEPARTMENT Case No. 13 -012 Public Comment Page 21 of 21 Public Hearing Item 7 -D P &Z December 19, 2012 MEMORANDUM DATE: December 7, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the December 19, 2012 Regular Meeting CASE: 13 - 012 APPLICANT: Kodiak Island Borough Agent: Mike Patterson REQUEST: A rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District. LOCATION: 1203 E. Monashka Bay Rd. ZONING: C - Conservation Zoning District & PL- Public Use Zoning District Thirty nine (39) public hearing notices related to this request were mailed on October 17, 2012. Fourteen (14) responses have been received commenting on this request for a rezone. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Unclassified. Ordinance 77 -15 -0 rezoned the tract to C - Conservation Zoning District. Ordinance 84 -58 -0- rezoned a portion (generally described as the designated greenbelt /buffer zone) of the tract to PL- Public Use Zoning District. 2. Lot Size: 202.51 acres 3. Existing Land Use: Community landfill & associated mechanical facilities. 4. Surrounding Land Use and Zoning: North: Monashka Bay Use: Marine environment Zoning: n/a South: Sawmill Subdivision Lot 1 Use: Warehousing & outdoor storage Zoning: C - Conservation Zoning District South: Unsubdivided portion United States Survey 3945 Use: (City of Kodiak) Zoning: C - Conservation Zoning District Case No. 13 -012 Staff Rpt Page 1 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 East: Island Vista Subdivision & portions of remainders Use: Single Family Residence(s) Zoning: RR -1 Rural Residential Zoning District West: Monashka Bay Tract A of BLM Tract D Use: Institutional, RV Park, & Recreation Zoning: C - Conservation Zoning District S. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan designates the proposed rezone area as a combination of Industrial /Light Industrial, & Open Space /Recreation. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. The Plan notes under "Implementation Policies ": Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. Additional study is needed to estimate future employment in specific industries and related needs for land zoned for those types of uses. For example, in assessing the need and most appropriate locations for new industrial land, consider the following factors. Is The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. 9 Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. II Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. Chapter 17.105 — INDUSTRIAL DISTRICT 17.105.005 Description and intent. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: ' 2008 Comprehensive Plan Update, Chp. 12 page 3. Case No. 13 -012 Staff Rpt Page 2 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 A. To encourage the construction of and the continued use of the land for business and industrial purposes; B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. 17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: A.... N. Junkyards, wrecking, salvage or scrap metal operations; 0.... 17.105.020 Conditional uses. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A.... E. Garbage disposal sites, dumps and sanitary landfills; and F.... 17.105.030 Lot requirements. A. Lot Area. The minimum lot area required is 20,000 square feet. B. Lot Width. The minimum lot width required is 75 feet. 17.105.040 Yards. A. Front Yards. 1. There shall be a front yard of not less than 30 feet. 2. The front yard, when facing a state highway, shall be not less than 50 feet. B. Side Yards. 1. There shall be a side yard on each side of a principal building of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. C. Rear Yards. 1. There shall be a rear yard of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. D. Exemptions. Waterfront industries are exempt from the requirements of this section. 17.105.050 Building height limit. The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within 50 feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. 17.105.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. Case No. 13 -012 Staff Rpt Page 3 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed 90 decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two -hour fire - resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create a nuisance. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right -of- way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or zone, that industry shall provide screening as approved by the commission. COMMENTS This request for rezone recognizes the changing regulatory environment of municipal landfilling operations. Recognition of environmental impacts, shifting public opinion, and acceptance of the responsibility to properly manage municipal waste streams has prompted the community to move towards compliance with the local zoning ordinance. Although specific details of local waste stream processing remain contentious, there is no debate about the location where the great bulk of processing will take place. The current use was granted an "Exception" to the Borough Zoning Ordinance on April 24, 1968 As such, the use and structure(s) are regulated as a Nonconformity per KIBC 17.140.090. The C - Conservation Zoning District is defined as a residential district per KIBC 17.140.100. KIBC 17.140.020 provides: It is the intent of this chapter to permit these nonconformities to continue until they are eliminated. Nonconforming uses are generally incompatible with conforming uses. Nonconforming nonresidential uses are especially incompatible with permitted uses in residential zoning districts; 2 Appendix page 16 of 25. Case No. 13 -012 Staff Rpt Page 4 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 And KIBC 17.140.050 D provides: Structures (and Uses ed ") containing nonconforming nonresidential uses may not be expanded. The expansion of land filling operations and the addition of mandatory facilities in order to safely process byproduct(s) is in jeopardy without a rezone to an appropriate zoning district. In order to evaluate the rezone proposal, staff will rely upon the guidance provided by the applicable comprehensive plan, and the characteristics of the proposed zoning district. The applicable comprehensive plan provides "in assessing the need and most appropriate locations for new industrial land, consider the following factors ". © The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. Despite the most optimistic projections, the local population trend is flat to declining and there does not appear to be any impetus for a reversal of this trend in the foreseeable future. Stable, or even declining populations, do not necessarily correspond to diminishing volumes of waste. Local efforts to re- direct some wastes by the initiation of voluntary recycling programs have shown potential to significantly increase the useful life of the current landfill. Mandatory recycling programs in other jurisdictions have shown even greater positive impacts and return on investments made by the public for the purpose of responsible management of wastes. However, absent a dramatic shift in political will, it is unlikely that any adjustment to management practices will significant decrease the community's generation of wastes. Growth may not be inevitable, but reliance upon the current location and system of waste management is assured. 9 Proximity to adequate public facilities, including roads, water, and air transport facilities, as well as water and wastewater treatment facilities. The subject parcel is located with paved road frontage, yet lacks access to public water and sewer utilities. These essential utilities are supplied onsite by well and septic systems. In this instance, and given the type of business (industry) proposed, the distance from an airport is a desirable characteristic. By locating farther away from airports, conflicts between aircraft and birds are minimized. The subject parcel is located 4.63 air miles from the State Airport, and 1.18 miles from the Municipal Airport 9 Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. The subject parcel and use is segregated from abutting parcels (including residential parcels) by the application of land management practices that include dedicated greenbelts and other 3 Appendix page 18 of 25 " Appendix pages 19 & 20 of 25. Case No. 13 -012 Staff Rpt Page 5 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 buffering techniques The current request does not include the removal and /or abandonment of these controls. Recent development trends in the area: An established residential neighborhood abuts the proposed rezone tract on the east. Five of the 39 parcels selected are listed as vacant . according to the most recently available assessment data Building permit activity has been slow to non - existent and this trend is expected to continue into the foreseeable future. Traffic impacts: In light of the existing, long- established use, and past efforts to control unwanted ursine incursions that acted to draw tourists to the area, the potential traffic impacts resulting from a rezone are expected to be insignificant. Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. Land suitability: The parcel subject to this rezone request was, in all probability, originally chosen as the preferred site because of its suitability. Pretty much at the end (then) of the road, dumping could begin immediately without the expense of large start -up costs. Size, topography, and other characteristics are suitable for industrial use: The site totals 202.51 acres. Along the road system, a total of 232.63 acres of land are identified as zoned industrial'. One hundred and fourteen (114) parcels ranging in size from .03 acres (1,131 square feet) to 27.99 acres constitute the accessible industrial zoned inventory. Predominately located along a narrow strip of coastal lands no existing, individual parcel is capable of containing the use within the entirety of its boundary. Initially, topography, as mentioned earlier, was probably one of the main attractions for the site's location. Naturally occurring depressions could be immediately utilized. The site's size also means that required improvements (infrastructure) for the continued operation will be able to be located on -site, without the cost of obtaining additional lands. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The request is consistent with the recently adopted Kodiak Island Borough 2008 Comprehensive Plan. The future development, i.e., landfill expansion, of the proposed rezone area will remain consistent with the applicable comprehensive plan. In essence, rezoning the subject parcel to the I — Industrial Zone District will work to implement the Comprehensive Plan. 5 Appendix pages 4 thru 13 of 25. 6 Appendix pages 21 & 22 of 25. ' Appendix pages 23 & 24 of 25. Appendix page 25 of 25. Case No. 13 -012 Staff Rpt Page 6 of 7 Public Hearing Item 7 -D P &Z December 19, 2012 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 C, to rezone Lot 1, U.S. Survey 3945 and the remainder of ADL 44355, comprising the Kodiak Island Borough Solid Waste Disposal Site, from a combination of PL- Public Use Land and C - Conservation Zoning District to I — Industrial Zoning District, MW, to adopt those findings in the staff report dated December 7, 2012, as Findings of Fact for Case No. 13 -012. FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. Responsible management of a community's waste stream is a necessary function of local government. Providing the means and venues for managing a community's waste stream fulfills the government's responsibility as such. No other consolidated tract of land with the requisite size, accessibility, and zoning is available. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. Case No. 13 -012 Staff Rpt Page 7 of 7 Public Hearing Item / -U P &Z December 19, 2012 KODIAK ISLAND BOROUGH RESOLUTION NUMBER 69 -38 -R A RESOLUTION OF THE BOROUGH ASSEMBLY OF THE KODIAK ISLAND BOROUGH PURSUANT TO CHAPTER 5, SUB - CHAPTER 4, SECTION 6 OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES AND RESOLUTIONS APPROV+ ING THE STATE OF ALASKA'S FINAL PLAT OF CITY OF KODIAK SANITARY FILI SURVEY WHEREAS, Chapter 5, Sub - Chapter 4, Section 6 of the Kodiak Island Borough Code of Ordinances and Resolutions provides that a final plat shall be approved by the Borough Assembly by resolution and which resolution shall provide for the acceptance of all streets, alleys, easements or other open spaces dedicated top public purposes, and WHEREAS, the State of Alaska, Department of Natural Resources, Division of Lands, has presented for approval its final plat of City of Kodiak Sanitary Fill Site Survey within protracted Sections 19, 20, 29 and 30, T27S, R19W, S.M. Alaska, and there being lo roadways or easements shown thereon, the same comprising a tract of two hundred two point five one (202.51) acres more or less to be used as a Sanitary Fill Site by the City of Kodiak all as shown on a plat of said land prepared by ROY A. ECKLUND, 9eeistered: Land Surveyor, approved by ?.J. KEENAN, Director of Lands on September 24, 1969 and which plat will have access from OTMELCI Point Road, it being understood that the area will be fenced off and will have a irate on OEMELOI Point Road and will not be access- ible by the Public and the City having indicated that in the event there is a necessity for electrical utility service on said land, they will provide for the same, and the Planning and Zoning Commission of the Kodiak Island Borough having approved said final plat on October 8, 1969. NOW, THEREFORE, BE IT RESOLVED that the Kodiak - Island Borough Assembly grant approval to the final piet presented) by the State of Alaska Department of Natural Resources, Division of Lands entitled "City of Kodiak Sanitary Fill Site Survey, Loca- Pace One, RESOLUTION NO. 69 -38 -R Case No. 13 -012 Appendix Page 1 of 25 Public Hearing Item / - I) P &Z December 19, 2012 • • ted within protracted sections Nineteen (19), twenty (20), twenty - nine (29) and thirty (30) T -27 SR -19 W.S.:4. Alaska. PAST AND APPROVED this 20th day of November, 1969. KODIAK ISLAND BOROUGH J� BY: wee /� • C SY: merriti CdA1RMAN - ATTEST aei.666H C4.ERK Page Two, RESOLUTION NO. 69 -38 -R • Case No. 13 -012 Appendix Page 2 of 25 Public Hearing Item / -V P &Z December 19, 2012 n o o n ? ri 7 5 1 n KODIAK ISLAND BOROUGH ORDINANCE NO. 77 -15 -0 AN ORDINANCE AMENDING THE KODIAK ISLAND BOROUGH ZONING MAP AND DEFINITIVELY ZONING ALL LANDS WITHIN THE BOROUGH NOT PREVIOUSLY CLASSIFIED BE IT ORDAINED by the Kodiak Island Borough Assembly that the official zoning map is hereby amended as follows: Section 1. All lands within the corporate jurisdiction of the Kodiak Island Borough which have not previously been classified and depicted on the official zoning map are hereby zoned "Conservation" and all such lands will herein after be so reflected on the official zoning map until further rezoned in accordance with Chapter 17 of the Kodiak Island Borough code of ordinances. PASSED AND APPROVED this //-- day of ,, (. 1977 KODIAK ISLAND BOROUGH BY z ;ate • alt ' Borou-, ,'a • - ', empore 41 • BY , sljt As.. `res • ng 0 cer ATTEST: orough pier First Reading, Approval Date: - /971 Second Reading, Public Hearing, Approval Date: �..L, y 7 /777 Effective Date: , _Z � �o�, / 77 7 v Case No. 13 -012 Appendix Page 3 of 25 Public Hearing Item / -D P &Z December 19, 2012 1'1 )' I ^ 3 5 5 KODIAE ISLAND BOROUGH ORDINANCE NO. 84- 58 -O(A) AN ORDINANCE OF THE PORTION OF ADL 44355 AND A PORTION I ON OFTRACT ""B"" TRACT DEFROMNC A CONSERVATION TO PUBLIC USE LANDS. WHEREAS, ADL 44355 has been used for many years as the sanitary landfill site for the Kodiak road system; and WHEREAS, this site is being studied in order to identify necessary 1 improvements to increase the longevity and the environmental quality of the 1 landfill; and I WHEREAS, this site has potential for use as a dry metal dump when j the lease for the existing site located in the City of Kodiak expires; and WHEREAS, since this large tract of land is adjacent to rural residential property there is a need for a buffer between the sanitary landfill and this residential land use; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has investigated rezoning this tract of land and had no objections to this portion being rezoned to Public Use Lands. NOW, THEREFORE. BE IT ORDAINED: Section 1: That a portion of ADL 44355 and that portion of Tcact "a" of ELM ' Tract D north of Monashka Bay Road is rezoned from Conservation to: Public Lands for that portion of the area starting at the southeast corner of the "sawmill lease tract," running along the easterly boundary i i of the "sawmill lease tract," and continuing on the same bearing to a point 271 feet from the northwesterly boundary of U.S. Survey 1678, and then paralleling the westerly boundary of U.S. Survey 1678 to a point which lies 271 feet S89'57'17 "W of the corner common to Lot 4, Block 2. and Lot 4, Block 3. Island Vista Subdivision, U.S. Survey 1678, and then running southwest generally paralleling the coastline to an intersection with the westerly boundary of ADL 36049 (VFW site). Section 2: That the official zoning map shall be updated to reflect this rezoning. l 1 • Case No. 13 -012 Appendix Page 4 of 25 Public Hearing Item I -D P &Z December 19, 2012 mew Section ): That this Ordinance shall be in full force and effect upon passage and adoption. 1984. PASSED AND APPROVED this Gip day of si De Oe KODIAK ISLAND BOROUGH By • Awl „ Borou ayor .. . • ATTEST: a d By e'" Rot h G erk FIRST READING ➢ATE: October 4 1984 u• for recon id l i SECOND READING, PUBLIC HEARING DATE: Ueoember 6 1984 EPPECTIVE DATE: De 'mb'r Co®unit Davelo ment De artmeht �, PREPARED BY: REQUESTED BY: Aeaembl o Dennis Nurra II I I I • • l I I l Ii{ l lI it Case No. 13 -012 Appendix Page 5 of 25 Public Hearing Item / -U P &Z December 19, 2012 r " -- 1 ,- 4. 4 .4, - - � .lay �.'` r'� r , . r ,tit r. .^w- a i 4 %` . r - 4 „,:_...,17..rii....(t7_,.._..,,,,,...7,:a: - I - t• ' ,.," 4 ” • .9. - ' . - A 40, VC_ �: I z 41 V A v y Y a. 'vE C ... .! - .. ;a * -,3 , t .. _ • f �,. '.z a•;• .yam. 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MF 'o'f•'iz. .S c. + ./ry s ir • 3 'Ft ;••• .: MI Landfill Property Boundary { �� ,�.� " . .�.. w`.� fi t .,_ ♦� G a R 1 +�•. � _ , p 1 • i l ' t... z�e 47 : s jf1"7 •PoLa .a :' ` , " -F^G 'ti" Va J f,_�..✓ -•E fi k l I, 235 470 940 1 1,8 r h$y � ~ v a y w �.} � "aa • r • . .y' - K ✓ .� .'1 '� Z. '! * W' qE I Feet 0,.. '!tt i fit .. .. si ,.:tyv.Iff4. • a C' Case No. 13 -012 Appendix Page 6 of 25 Public Hearing Item I -L) P &Z December 19, 2012 KODIAK ISLAND BOROUGH ORDINANCE NO. 87 -15-o AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN. WHEREAS, the Monashka Bay Road Service shares a common boundary with the Sanitary Landfill Site, and WHEREAS, the Monashka Bay Road Service District adopted Resolution 86 -14 -R requesting the Kodiak Island Borough restrict activities along the 200 foot common boundary of the service district and ADL 44355 as well as within a 200 -foot buffer surrounding a former beaver pond; and WHEREAS, this reservation will serve as & visual and sound barrier separating activities at the landfill site from residences in the road service district, NOW THEREFORE, BE IT ORDAINED, by the Kodiak Island Borough Assembly SECTION 1. This ordinance is not of a general nature and should not become a part of the code of ordinances. SECTION 2. A greenbelt be reserved along the common boundary of the Monashka Bay Road Service District and ADL 44355 described as follows: it Q( Beginning at the most westerly corner of Lot 1, Sawmill !I Subdivision, Plat No. 84 -46: Thence, 585 ° 21'00 "W, 739.00 feet; Thence, N34 °39'00 "X, 411.00 feet: Thence, N25 °21'00 "E, 739.00 feet; Thence, N63 "E, 1486.67 feet; Thence, N00°02•33 "W, 2197.13 feet, more or less, to the Mean High Water Line along Monashka Bay: Thence, northeasterly along said Mean High Mater Line to the common boundary between U.S. Survey 1678 and the City of Kodiak Sanitary F111 Site Survey, 3093.17 feet, more or less, to the southwesterly corner of U.S. Survey 1678, common with the most northerly corner of Lot 2, Sawmill Subdivision; Thence, 529 °45'32"X, 256.77 feet along the northerly boundary of Lot 2 of said subdivision: Thence, 547 "W, 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning, and • Case No. 13 -012 Appendix Page 7 of 25 Public Hearing Item / -I) P &Z December 19, 2012 (2) Lot 2, Sawmill Subdivision Containing 69.%8 acres, mote.or less. - SECTION 3. This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the exception of activities necessary for health purposes such as a settling pond for leachate for the landfill; with the concurance of the Nonashka Bay Road Service District. SECTION 4. Park development may occur on Lot 2, Sawmill Subdivision • with the concurrence of the Monashka Bay Road Service District. PASSED AND APPROVED THIS 7 day of July ,1987 by the Kodiak Island Borough Assembly. KODIAK ISLAND BORCVGB • • By /, , CE ugh Kayos By ICA/ccLi P iding Officer ATTT, \ ,,� 1 ' By .mil• \C�C Bomu Q lerk i i First Reading, Approval Date: May 7, 1987 ,i ' Second Reading, Public Hearing, Approval Date: June 4, 1987 Adoption Date: July 7, 1987 1 Recommended By: .i : i 1 • 11 1 1 Ordinance No. 87 -15-0 Page 2 Case No. 13 -012 Appendix Page 8 of 25 Public Hearing item / -D i� y P &Z December 19, 2012 " w h e r f .4'.. �.. ..c.+ S RC; + : .fir .:r.- w C. «£r "Rjve'li'. . - C w� 34 t''''''.1.4 ° Gsr • ... "" - r ; ,f ' • a a •a 44 J ~' t>~ k. $,., yr . 0. - •n` Y� i/•i i Ffiw ' -"..r H - r ..,royr.- i�' � -d , • y » ! ,, •' e • �.y . � 4 y .,'y / tt r� /,' . { rr t Q f i , � ' + .i. � i 't *, r } i ce ~ iiV•r /.'S`yr•+e"' ° "Y /[ .. Gam,! a \i \ � 9 ' l ,� r f M r r `.S 4 Alm t � '''' < ': h . T S 1 Oe t z. „ . .. '-;. � iLr -'�+ re i�'✓ r'1 — - .- iaf. ' `' ' rt ,� - 4' P y v 'r ,t � 1 ! - t t ' , . 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', y 'fin �i. �' ,—,, y '♦ 1 � - '' '� 5 / t•' qa� k r,t sc 1, Y la.... ..- ,.. e ` . 4t. -#L , ` .. a , . , t ` �"r" • r I”,;‘,_••••;" V c s ' 'k / , "T , a- .. <r1 :4, 6 4 1 i' ^ • y � .1 r S y,, } " "L . i y " +• r y' ^ . - h y ,T, �,;, . ¢?�?. ,-, • ?� 9y �, _ .— .• h • f r ; t., • '� . r ye Y' .„,4. .,.. s / v ^i• _ . ...�MC. -... .F ... -w ~� a J r `.o6rJ . ,y Ty Ng - w '��, h + ±g� ] - is ' LS: 4 h y -4 ' fir • .' 'k.-. 'a ,r D a 12,. q .. M1 „ ., F • S ?SE ( r 't ' ... Kr ,,, ' -41 . g h a t-.R tii r ? t f a1 "1:".'4.: 4' .. ..� f J V y ,.� . , y ,� 1' (-blY ar; • z v. f- � G� Q y .(� y }' . .} i s •4 t 4i\ t� J a t J w •..; 1 .q>at - J �\ " K. T �/ r i • Ordinance 87 -15 -0 L ^ v; v tt •,, 4 ( Id• ��p. ..• . rt "t` r: �s•it: o - " >^ . . ` ' 'Ax •5.. + , @ I' _ hl�r Y e `;., --' 1 " M-1 S , 14 -1 -_ T > < ti"' f(f t.. sv.. ,� lR ' yy - ` : ; #�y i v •• .. e % 3i - • c • \ Landfill Property Boundary 4 k y Pt '.n k r 4 '�yr v • ��- . 3 ' +"C"`:. ; , e 'i .` .s.? S'� \ 'a st r'� ` , } r .. .Air. . '4,41-10A ..tKl .t jd" • N 5 -elet - f Ft r V 235 470 Soo 1 1.eeo •, , - ;•I• 'S ; •-2 ° 'w° :'4'�a i . dA` • ,i t 'y i " ,. 9. i ` - . Fee ,, y � � 3§i . ay r ow _ F w 1 .e: i • - .... 4J " �• � •`�' . _ • !'.v. - l • - ?� x... x ti '� vil.t� t . �.. .... --.., Case No. 13 -012 Appendix Page 9 of 25 Public Heanng Item 1 -1) P &Z December 19, 2012 Introduced by: Mayor Selby Requested by: Engineering/ Facilities Department Drafted by: Environmental Engineer Introduced: 04/07198 Public Hearing: 04/16/98 Adopted: 04/16/98 KODIAK ISLAND BOROUGH ORDINANCE NO. 98 -06 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING ORDINANCE NO. 87 -15 -0 RESERVING CERTA /N BOROUGH LANDS AS A VEGETATIVE SCREEN TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE MONASHKA BAY ROAD SERVICE AREA AND BALER /LANDFILL WHEREAS, the Monashka Bay Road Service Area shares a common boundary with the Kodiak Island Borough baler /landfill site; and WHEREAS. the Monashka Bay Road Service Area requested the Kodiak Island Borough restrict activities along the two hundred foot (200') common boundary of the service area and ADL 44355, as well as within a two hundred foot (200') buffer surrounding a former beaver pond; and WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87 -15 -0 reserving certain Borough lands as a vegetative screen and greenbelt; and WHEREAS, the Monashka Bay Road Service Area board approved a request of the Borough to change the greenbelt to accommodate landfill expansion; and WHEREAS, this reservation will serve as a visual and sound barrier separating activities at the landfill site from residences in the road service area; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough code of Ordinances. Section 2: Ordinance No. 87 -15 -0 is hereby repealed to be reenacted by this ordinance to reserve a greenbelt along the common boundary of the Monashka Bay Road Service Area and ADL 44355 described as follows: Beginning at the most westerly corner of Lot 1, Sawmill Subdivision, Plat No. 84 -46; Kodiak tstand Borough, Alaska Ordinance No, 98 -06 Page 1 of 2 Case No. 13 -012 Appendix Page 10 of 25 Public Hearing Item / -U P &Z December 19, 2012 (1) thence, N37 °16'44 "W, 264.04 feet; (2) thence, S55 °00'11 "W, 491.62 feet; (3) thence, S85 °21 '00 "W, 171.78 feet; (4) thence, N34 °39'00 "W, 411.00 feet (5) thence, N25 '21'00"E, 739.00 feet; (6) thence, N63 '32'46"E, 1486.67 feet; (7) thence, N27 °42'18 "W, 1,163 feet, more or less, to the Mean High Water Line along Monashka Bay; (8) thence, northeaster /y, approximately 2, 100 feet, more or less, along said Mean High Water Line to the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey; (9) thence, along the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey S00 °02'33 "E, 3093.17 feet, more or less, to the southwesterly corner of U.S. Survey 1678, common with the most northerly corner of Lot 2, Sawmill Subdivision; (10) thence, S29 °45'32 "W, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; (11) thence, S43 25'09 "W 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning. Containing 80.28 acres, more or less. Section 3: This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the exception of the activities necessary for health purposes, such as a settling pond for leachate for the landfill, with the concurrence of the Monashka Bay Road Service Area board. Section 4: Park development may occur on Lot 2, Sawmill Subdivision with the concurrence of the Monashka Bay Road Service Area board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 KODIAK ISLAND BOROUGH Jerje M. S• : :o . G f - ens, Presiding Officer ATTEST: l..JdZ'VVtR ftA onna F. Smith, CMC /AAE, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. 98 -06 Page 2 of 2 Case No. 13 -012 Appendix Page 11 of 25 Public Hearing Item /-D P &Z December 19, 2012 .- u / 4 ; 1: 1 %o-,.., a , eo n \ 1 le 4 41 741111114 tr ,-• e p \ 0 � 1' � � A- e u � ' � so, ITU .aee' 1 � V° o 4 4 4 4016: a uie ,_ 4 9 U / J 4 �s 0 P P 5 ti 4- Liss uo :ll ]B' / s B ! m. V C 1 J' KOBGN ISLAND BOROUGH Case No. 13 -012 Appendix Page 12 of 25 Public Hearing Item / -U P &Z December 19, 2012 r :t ,) ii......1/2i ; } $� N ��d 1 . � • ♦ ? ��. Y �' � Y s" i'J � • "• A• i r i ♦ ' � ' ', :`4% l. , •:25•' , ..- 'may." - - 70,9e r ' t { 1 . F. t ^ • '. � .Y •,1�.�i' �� _ .. Gk✓b • . +� cur v �V.s t S ' '! ♦ P 4 �G'a ' ' V V X1 710' Sj ,ii .. .. y .... :� •, f`i , /, ( A k .. , '1 , -` ` ` /( c � '7 1 • .. --• . 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Y. • �u • Tr � . ` • �1' t ! •,,,r„ � c a r a , [ -♦ , - t :....„,‘At-, t a '�' 7 • k: ' a a"V.•i:}'10 44 �� j S ' s 1 ' . - t " ` 7 7,, � t ' t. cYE.r rY ti � r,�' c , • M . J ,, ° `rte +c 1 HaA sb .�� +7M.` _ { 1y ♦ �� '�� 44 � 41. ! l r 'ryy .1:::.",+\1;.• ♦;, t`}. ♦ ... .L 0" fi "c•, a •" F -+s .,, 'S ,+� .t._.:. ' ,, .v.✓ /t 1 C'- ♦ *,., . ) �.. 'H � ," t4 ,.t , r r • fi t\ 4.. '` RS' _ � !; : , Y i . + ' tyn v ♦ a L. J 4 '4+3� s ,,• 1 •!. � t v � 9` i L . Ft S c Ordinance 98 -06 � r,'' n "�, t +r .." ra ii f; ;,z.•. ., 1 5. ..1,.... , 3y v ,. a 4 s., ,,��,� ..!yttYe:r � C,,' *V } y. • 4 � L . a 4 ,. 'V " 1 �Kky � °ui ♦.,r j .[t.l c""fV" y L @T ' l ' - ♦l t -'; rtg t' '1 Landfill Property Boundary i{ $1 t M� ^ ! .ac c i L t# e '{� . . • . , � , G • "r y . i • t? i • y' • ( "h • 2 r L t. .•..t . {:.`�s�ytt� .,wk3 >,i- A. z H w y .• $ K wk.: `y- -) ... a i' ` . �.t r ; ., ; i • \ l (t♦, t.: 235 470 940 1,410 1,880 ♦ i *j U :17r.1 ' + ' o 2:5-j,1,4• }� 14 ....., • a �. ` yr r • y � :2 ..h h a....`Y�l.'+fi� .. _. _ _ Feet E d ?! �. ' . u. >•t ,�Z "1. , y� • r C � . T r . c � ? { S f, - �la .. I .�+ . ` - ..,3.�...SS .k.s..- .- .- . ^? �',uu '� _ y r .0 :itl•�t . .'+4 C 9.. _._�.. Case No. 13 -012 Appendix Page 13 of 25 of $38,093.00. The Borough Chairman read Ordinance 68 -10 -0. Mrs. Springhill made a motion to adopt the Ordinance as read at the 2nd reading, seconded by Mr. Arndt. Meeting was recessed and opened for Public Hearing. There were no comments. The meeting was then reconvened. Motion carried unanimously by roll call vote. VII PL1NNING &'ZONING NCNB VIII OLD BUSINESS ter A. Exception for Sanitary Fill Site at Monashka Bay (Case 199 -A). After a review for exception for the Sanitary Fill Site and Mcnashka Bay it was moved by Mrs. Springhill that the Borough approve the action of the P & Z granting the exception of the Sanitary Fill Site at bonashka Day (Case 199 --A), seconded by Pr. Barr. Motion carried unani- mously by voice vote. After further discussion, the irotion was again confirmed and approved. B. Property conveyance to Port Lions - Res. 68 -15 -R. There was no discussion. Mr. Barr Moved to adopt Res. 68 -15 -R and seconded by Ms. Arndt. Motion carried unanimously by voice vote. C. Kodiak Land Canpany request for change in Plant Siaa Lease. It was requested by. Ms. Fltip that since the necessary papers were not available, the item be removed from the Agenda and tabled. D. Reconsideration of Water Resources. Since the City Council did not see fit to contribute to the USGS Water Resources, it was brought tp tje Assembly for reconsider- ation for their action. It was stated by Mrs. Springhill that the City had already spent a lot of money on water resources in the past and they felt that it was not a wise ex- penditure at this time. It was also noted to the Assembly that the City felt that the water was needed now and not in five years, and that they would not want to spend the money on shuch a long range plan. It was stated by Mr. Madsen that the City Council felt the proposed rivers such as Buskin River, Russian River, and Sargent Creek could not benefit the city beccne of being too far away from the city itself. Mr. Barr said that to the best of his knowledge no dtudy of water resources had ever been made by the city: It was moved by It. Barr and seconded by Mrs. Springhill that the Chairman write the USGS `.o < Pmrough Assembly was not able to convice the city that a lgng range plan study is necessary, and inasmuch as the study would be primarily beneficial to them there shall be no farther action on the part of USGS that might involve expense' to the Borough. Piz•. Bair stated that the minutes should reflect that the city action is very ill advised and that he feels we need this study and need to know where water is gt.a:lablh 'Lotion carried by roll rail vote. • Yes No Jo Hajdu Don Arndt Jim Barr Mrs. Springhill IX NEW BED= A. SPnxel and Oliver. Sel og re: additional extension of pa t: Miller Point Blk 7 Lot 1 1st addition - Blk 10 Lot 5 1st audition. Ms. Lest read the letter from Mr. Samuel and Oliver Selvog requestin g an additional extension of payment on Blk 7 Lot 1 ;st add- ition - Blk 10 Lot 6 1st addition. It was moved by Fir. Barr and seconded by Mrs. Spring- hill that the Borough Assembly grat the 60 day additional extension for payment of Samuel and Oliver Selvog. Potion carried unanimously by voice vote. • B. Request for extension of payment for Kenneth Forster re: Miller Point Lot 6 Blk 5 lstt addition. A letter was mead by the Borough Chairman regarding the request for an extension of payment from Mr. Forster. Mrs. Springhill made a motion to grant.a six months extension of pay: €nt with the stipulation that only one lot be involved. It was' seconded by Pr. Barr. Motion carried unanimously by voice vote. • C. Future Site for Chiniak School. A map of the prosposed site was shown to the Assatbly members. It was stated that the Borough designate this area as the future site of the Chini_tk School. Mr, Madsen said a resolution changing the zoning map would have to be drawn up. Mss. Springhill made a motion to authorize the preparation of having a Resolution drawn up changing the zoning map to designate this particular site. It was seconded by W. Barr. Motion carried by voice vote unanimously. ruuNniau u LUIYINL VUMPllbb1UN April 25, 1968 RE: EXCEPTION FOR SANITARY FILL SITE AT MONASHKA BAY - ASSEMBLY INITIATIVE (CASE 199 -A) At their meeting on April 24, 1968, the Planning and Zoning Commission voted unanimously to grant this exception for the following reasons: 1. The use of this land as a sanitary fill site, when used under the restrictions of the contract with the contractor,,nonitored by the Sanitarian, and supervised by the attendant at the site, will not endanger the public health, safety or general welfare, or be inconsistent with the general purposes and intent of Chapter 5, Sub - Chapter 2 of the Borough Code. 2. Garbage removal is essential to the health and welfare of the community, and after investigation this site was found to be the most suitable. This exception was granted under Chapter 5, Sub - Chapter 2, Section 11, Sub - Section 8 of the Borough Code, which provides for federal, state or local government enterprises. telH (GU J�o Waller, Chairman C � rdanning & Zoning Commission /// / Kodiak Island Borough RE: REQUEST FOR EXCEPTION FOR SANITARY FILL SITE AT MONPSHKA BAY, BY BOROUGH ASSEMBLY (CASE 199 -A) At their meeting held on April 24, 1968, the Kodiak Island Borough Planning and Zoning Commission voted unanimously to grant the subject exception with certain conditions. Following are the reasons for granting the exception: 1. The use of this property, as a sanitary fill site will not endanger public health, safety, or general welfare, or be detrimental to other properties or uses in the vicinity if the conditions listed below are met. 2. This use of the property will not be inconsistent with the general purposes and intent of the Zoning Ordinance. 3. The use of this property as a sanitary fill site is necessary as no other suitable site was found. Following are the conditions upon which this exception was granted: 1. The requirements of the contract with the disposal company must be met. 2. The fill site should be monitored by the Sanitarian, who shall exercise control over the maintenance of the site so that any problems can be corrected before they get out of hand. 3. The fill it should be compacted every other day. 4. A rat control program should be maintained. 5. Paper should be prevented f om blowing on the adjacent property. 6. No burning should be permitted. Ta Waller, Chairman P .. ing & Zoning Con mission Kodiak Island Borough The meeting was called to order at 7 :45 p.m. in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska,,by Chairman Faller. II ROLL CALL Present Absent John Waller, Chairman None Ernie Brothers Ed Haney Nos. Edith Longnure Harry Wallace John I:'elch Also present Sam Best, }Borough Chairman; Doug Preston, Clerk/Treasurer; Assemblymen Jo Hajdu, Don Arndt, Jim Barr and Betty Springhill; Economic Development and Planning Cannittea en Dick Berg, hob Brooks, Frank Peterson, Ivor Schott, and Doris Simon; and Alternate ail Norton; Mayor Pete Deveau; Hospital Board Members Bob Childs, Dr. Bob Johnson, and David Wodlinger; Jim Stansbury, Building Inspector; Howard Keiser, Sanitarian; and approximately 50 people in the audience. III MIMES OF PREVIOUS £t .T IG - April 10, 1968 Mk. Haney moved, seconded by tor. Brothers, that the minutes be accepted as written. Notion carried by unanimous voice vote. IV OTHER imuPES • A. Assembly - 4/18/68 B. Ordinance Committee - 4/23/68 There were no comments. V OLD BUSINESS A. Decision on Rsouest for Exception for Sanitary Fill Site at :onashka Bay. Mr. Welch suggested that a fence be constructed to protect Er. Erwin's property fran the site. However, MIr. Best felt that the terrain and cost would prohibit construction of such a fence. t.r. Keiser, the Sanitarian, said that he would monitor the fill site. It would be compacted every other day. He has discuss the site with Nt. Cessna, the contractor, and under the terns cf the'present contract, he would be able.to exercise considerable control over the area. Any discrepancies could be corrected before they got out of hand. An attendant will be present to supervise the operation and to collect fees from private individuals who bring their own garbage to the dump. These stipulations are already in the contract. After further discussion, the motion made at the previous meeting to grant the exception carried by unanimous roll call vote. The contract will be submitted to the Assembly for their approval. VI CORRESPONDENCE - PEOPLE 2o BE HEARD A. Messrs. Gagnon, Hart, Poore and Norris of FHA re zoning and Subdivision .ations• Mr. Gagnon stated that the most important aspect of the regulations is to provide the best possible use of the land while staying within the bounds of good planning and the economic ability of the people involved. The people will accept certain ideas and not others and there is no point in planning something that the people will not accept. Concreting lot sizes, he stated that 50 foot lots might be mute practical than 70 foot lots, since with the latter an individual may be paying for 20 feet that he doesn't really need. It may be wiser to plan for smaller lots, both economically and because there is not that much land to develop. It has been estimated that Kodiak will grow to a population of 10,000 by 1975, and that this will probably be the ultimate peak for many years. He feels that it is wiser to plan only that far ahead now, rather than as late as 2000. ir. Hart, FHA planner, stated that FHA is very interested in the canpletion of Kodiak's comprehensive plan, since a zoning plan based on this overall plan will aivo them a hcttPr ramble nn Olga inenrah41it., of a h.mc Tho e Public Hearing Item 1 -1) KODIAK ISLAND BOROUGH P &Z December 19, 2012 POPULATION FIGURES (Numbers preceeded with * indicate an entry adjusted by compiler 7 /21/05) Alaska Population Estimate 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 Akhiok 82 71 Aleneva 48 37 Chiniak 4 47 Karluk 37 37 Kodiak 6,312 6,130 USCG Base 1,335 1,301 Larsen Bay S9 87 Old Harbor 208. . 218 Ouzinkie 178 161 Port Lions 204 194 Womens Bay 730 719 Remainder of Borough 4,603 4,590 TOTAL 13,870 13,592 Alaska Population Estimate 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 Akhiok 51 48 36 41 42 57 51 49 57 80 Aleneva 67 57 61 46 46 44 59 96 88 68 Chiniak 48 44 44 41 52 50 49 56 53 50 Kailuk 38 38 40 34 35 32 28 27 29 , 27 Kodiak 6,626 6,541 5,796 5,670 6,139 6,210 6,109 6,100 6,173 6,334 USCG Base _ 1,321 1,235 1,974 1,887 1,977 1,764 2,189 1,939 1,758 1,840 Larsen Bay 79 68 89 83 97 96 95 107 113 115 Old Harbor 193 185 201 179 200 198 211 226 236 237 Ouzinkie 170 168 166 172 189 187 172 189 204 225 Port Lions 200 191 193 196 220 240 233 227 246 256 Womens Bay 740 792 747 759 704 689 681 684 683 690 Remainder of Borough 4,327 4,587 4,317 4,349 3,992 4,006 3,940 3,943 4,025 3,991 TOTAL 13,860 13,954 13,664 13,457 13,693 13,573 13,817 13,643 13,565 13,913 Alaska Population Estimate 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 Akhiok 101 109 101 84 80 86 78 77 77 93 Aleneva 0 0 0 0 0 0 0 0 0 0 Chiniak 75 75 71 75 83 . 143 75 150 150 0 Karluk . 41 48 48 57 58 65 74 71 71 82 Kodiak 6,893 6,859 6,749 6,869 7,620 7,428 7,581 7,229 7,229 6,787 USCG Base 1,831 1,703 1,746 1,871 2,049 2,066 2,016 2,129 2,129 `2,129 Larsen Bay 137 127 120 127 130 153 144 147 147 149 Old Harbor 276 297 301 316 310 311 307 284 284 322 Ouzinkie 256 252 246 259 259 221 210 209 209 216 Port Lions 243 242 239 264 263 264 259 222 222 300 Womens Bay 675 674 662 672 749 746 674 843 843 0 Remainder of Borough 3,461 3,462 3,898 3,464 3,799 4,092 3,827 4,174 4,174 `5,601 TOTAL 13,989 13,848 14,181 14,058 15,400 15,575 15,245 15,535 15,535 15,679 \ \Dove \departments \CD \U CD -19 Econ Data \ Census \Local Population \2011 Census Data.xlsx loft Case No. 13 Page 18 of 25 Public Hearing Item / -D P &Z December 19, 2012 Li ¢ .. y ou tt 61 t ,�, li Y40-. c {'(� .rig 4 — f i� �I II d �ld LL ; : d r r , l a � ; 7 V1.54 x yqy� e' i t eta { / � . } 4 ' $ '` ♦ wf J a , Y b y i�t 1 r • . z•imt ti �r f at F '''t.. xg ( (�� f �Y TS { t { � Y I � ,J 1 ' .. / 1,- . I -2? -4 .,„;- ' 4 . v. .‘k 1-, Wc!.:;:,}N-T. ' 4 t« 3 + - : 1 , ..? • , ';' , I - : 1,?\,. li it } AA k 7 v Y. • ' I t ..+- 1! / l • + 1 I qx L � [ ti • s • 3 } a (' # ;I,) xy 1) y 9' { F 1 ttc! • , s yj Al 3' 4 s; : . Y Zy � �} , r i u t , l F(! i'S } r 4 t 4 . 'q i �r y pp r t' re r y �. ` .�, 'rj� t �6 � '`� t f ' S 1 - ' 1 J�.� r o / r • �) C t r , , ' T M1 i ' Yt r 4 k3.f, rr! F.. $� 4 • . ,! ml r l, a y 7t n) ,-' 3 e* v c , , 7 ?,....\,%:.`1:; pi %..".41 4 1 '.A F •. .. . 0 # , a F 1 ) , g : .fl rSYYY } T ft•a ` c 7 4 .,Y a ' I .. r {_} � • D� A ' W a l " %4 r n H ' ._. s + c x �r ) r``x .! I f ) /gii;; j t1 �il • may' • ■ I daf { shy i r /_. i 'i. t.'1 1 5 d. / n i , te h , A ,r � � fi ' • i✓ ire-- . t� ry . J"5 1 : 0 1-11 w • N I . r ' qi )// . Y V-- J ` 11 � Z A v mt v u ,ow, D. t � . _,� � 4 F }.„ , J t K' ', y� , • , '' • to :I: I. « i Case No. 13 - 012 Appendix Page 19 of 25 PuN |�M�annQ /'U P8\ZD�C�rn��r19 i p c ; _ El; ,14.::%,77.y,A4- „1,4-)4-0.,,r'71:tricst #5,....!--±,3ii- .; .-- 1,„„ski k,,,,te„tt, --"H .0 bi '''''tt ti t v 4 : , vt„ ... e..,... -rt. it : „ s 4 y k;iiii,,v,„. , t v i, ,, til ci,k lyir;T:i i PA A se iit4t tir 4 ,cr t 4 $ 1 e 1 it S, Sik ihr iit jiti ti i [a�eNol3'O12AppendixPaQe Public Hearing Item 1 -13 • P &Z December 19, 2012 Request: A Rezone, according QDO fl a 205.030ig o Residential Impact 10 rezone LtQg 1 . 3945 fiat iipremainder p a 23 ease Q 13-012 am 44355, comprisingf Kodiak Island Borough Solid Kodiak Island Borough Waste Disposal s , from p combination CQPL- PublicNb3 ( ola o C- Conservation Zoning District 63 I- Industrial Zoning District 6 // 7 - A ' 41‘0 A - _ ii ..4 /.. 4 . 1 61 16 1. 74111 ) . ./$10 0 Plea ly .ill1® . . 4t4 Legend ® , If 'i Landfill Tract "liare..AR, ' �� Residential Impact ` , l n _ I T ° °a;,; Kodiak Island Borough GIS System rt. 0 350 700 1,400 2,100 2,800 Feet pi This map was prepared from the Kodiak Island Borough's GIS System. 11 is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -012 Appendix Page 21 of 25 Public Hearing Item 1 -1.) P &Z December 19, 2012 Residential Impact Zone_Type Use Legal_Desc 1 RR1 MHR ISLAND VISTA BK 1 LT 6 2 RR1 SFR USS 1678 TR C LT C -8 3 RR1 SFR USS 1678 TR C LT C -6 4 RR1 SFR USS 1678 TR C LT C -7 5 RR1 SFR USS 1678 TR C LT C -5 6 RR1 SFR USS 1678 TR B LT 7 7 RR1 SFR USS 1678 TR C LT C -4 8 RR1 SFR USS 1678 TR B LT 9 9 RR1 SFR USS 1678 TR B LT 6 10 RR1 SFR USS 1678 TR B LT 1 11 RR1 SFR USS 1678 TR B LT 5 12 RR1 SFR USS 1678 TR B LT 2 13 RR1 SFR USS 1678 TR B LT 3 14 RR1 SFR EAGLE RIDGE LT 1 15 RR1 SFR USS 1678 TR B LT 4 16 RR1 SFR ISLAND VISTA BK 3 LT 1 17 RR1 SFR ISLAND VISTA BK 3 LT 2 18 RR1 SFR ISLAND VISTA BK 3 LT 3 19 RR1 SFR ISLAND VISTA BK 3 LT 6 20 RR1 SFR ISLAND VISTA BK 3 LT 4 21 RR1 SFR ISLAND VISTA BK 2 LT 1 22 RR1 SFR ISLAND VISTA BK 2 LT 2 23 RR1 SFR ISLAND VISTA BK 2 LT 3 24 RR1 SFR ISLAND VISTA BK 2 LT 4 25 RR1 SFR ISLAND VISTA BK 2 LT 10 26 RR1 SFR ISLAND VISTA BK 2 LT 5 27 RR1 SFR ISLAND VISTA BK 2 LT 8 28 RR1 SFR ISLAND VISTA BK 2 LT 7 29 RR1 SFR ISLAND VISTA BK 1 LT 1 30 RR1 SFR ISLAND VISTA BK 1 LT 2A 31 RR1 SFR ISLAND VISTA BK 1 LT 5A 32 RR1 SFR ISLAND VISTA BK 1 LT 4A 33 RR1 SMA ISLAND VISTA BK 2 LT 9 34 RR1 SMA ISLAND VISTA BK 2 LT 6 35 RR1 VAC USS 1678 TR B LT 8 36 RR1 VAC EAGLE RIDGE LT 3 37 RR1 VAC EAGLE RIDGE LT 2 38 RR1 VAC ISLAND VISTA BK 3 LT 5 39 RR1 VAC ISLAND VISTA BK 1 LT 3A *5 / 39 = 13% Undeveloped Case No. 13 -012 Appendix Page 22 of 25 Public Hearing Item / -U P &Z December 19, 2012 Properties on the Road System Zoned Industrial Area Acreage Zone_Type Use Legal_Desc 1131.26570667000 0.03 IND VAC KODIAK TWNST 8K 2 LT 20 1858.28252536000 0.04 IND VAC KODIAK TWNST BK 2 LT 6 2053.61606385000 0.05 IND VAC KODIAK TWNST BK 1 LT 16 2055.44687454000 0.05 IND VAC KODIAK TWNST BK 2 LT 5 2492.54508175000 0.06 IND IND KODIAK TWNST BK 2 PTN LT 13 3662.74090135000 0.08 IND VAC KODIAK TWNST BK 1 LT 15 3738.51433191000 0.09 IND VAC KODIAK TWNST BK 2 LT 3A 3812.71704863000 0.09 IND PARKING KODIAK TWNST BK 2 LT 8 3833.67276678000 0.09 IND VAC KODIAK TWNST BK 2 LT 3 4279.68307908000 0.10 IND WFB KODIAK TWNST BK 2 LT 12 4493.27148046000 0.10 IND IND KODIAK TWNST BK 1 LT 13A 4579.91863143000 0.11 IND WFB PORTION OF USS 1086 TL F 4816.46708674000 0.11 IND VAC KODIAK TWNST BK 1 LT 13D 5286.39146325000 0.12 IND VAC NEW KODIAK BK 18 LT5 5425.06418608000 0.12 IND PARKING KODIAK TWNST BK 2 LT 10 5600.88823357000 0.13 IND VAC KODIAK TWNST BK 2 LT 4 5671.71906973000 0.13 IND VAC KODIAK TWNST BK 2 LT 19 6671.33374585000 0.15 IND VAC ATS 49 TR N -320 -1 7040.73902979000 0.16 IND WFB ATS 49 TR 2 7375.76143771000 0.17 IND VAC TIDELAND TRACT N -17A 7743.20814880000 0.18 IND VAC NEW KODIAK BK 18 LT 1 7913.89993789000 0.18 IND PARKING USS 1995 BK 2 LT 11 8442.62274736000 0.19 IND VAC KODIAK TWNST BK 2 LT 2 9499.99128553000 0.22 IND WFB ATS 49 TR 6 9659.61483952000 0.22 IND VAC KODIAK TWNST BK 2 LT 21 10153.61232440000 0.23 IND VAC KODIAK TWNST BK 2 LT 7 10817.19602050000 0,25 IND VAC KODIAK TWNST OK 1 LT 14 11443.01654050000 0.26 IND VAC KODIAK TWNST BK 2 LT 20 11509.24160440000 0.26 IND VAC ATS 49 TR 9A 12192.31958570000 0.28 IND 0-IA USS 444 TR ALT A MISSION RD 12596.83692700000 0.29 IND WEB NEW KODIAK BK 18 LT 2 13017.83378320000 0.30 IND VAC NEW KODIAK OK 18 LT 3 13574.30327700000 0.31 IND BUS KODIAK TWNST BK 2 LT 13672.46815400000 0.31 IND MFR PORTION OF USS 1086 TL C 17713.99897590000 0.41 IND WFB ATS 49 TR 5 17720.30757690000 0.41 IND BR USS 444 TR ALT B MISSION RD 18023.08402180000 0.41 IND WEB USS 1086 PARCEL 0 18769.26451320000 0.43 IND ACC LAKESIDE 2ND LT 10 19367.44723300000 0.44 IND 1ST KODIAK TWNST BK 2 LT 1 21273.92209070000 0.49 IND WFB A PORTION OF ATS 49 NOTED AS TR N -17 21548.24483790000 0.49 IND WFB USS 1534 TR A SHELIKOF ST 24293.03024470000 0.56 IND VAC LAKESIDE 2ND LT 1C 24810.59843550000 0.57 IND VAC ATS 49 TR 9 25058.23530070000 0.58 IND VAC INDUSTRIAL PARK LT 8 25144.36646830000 0.58 IND WFB USS 444 TR ALT D & A PRTN USS 559 25969.98715240000 0.60 IND WFB PORTION OF ATS 49 DESCRIBED AS TR N -28 27690.71748810000 0.64 IND WRH LAKESIDE 2ND LT 19 -2 27926.13224430000 0.64 IND WFB ATS 49 TR N -254 28114.68800840000 0.65 IND WRH LAKESIDE 2ND LT 1B -3 28831.45890490000 0.66 IND VAC LAKESIDE BK 3 LT 1 30160.53324320000 0.69 IND WFB PORTION OF ATS 49 NOTED AS TR N -26 30762.87483169990 0.71 IND 1ST NEW KODIAK BK 18 LT 4A 32637.86709040000 0.75 IND WFB ATS 49 TR N -37A 33212.55034670000 0.76 IND WEB TIDELAND TRACT N -29A 33777.86415020000 0.78 IND WFB TIDELAND TRACT N -29B 36763.98151840000 0.84 IND WEB UNSUBD. PORT. ATS 49 TR N -15 37308.77320500000 0.86 IND VAC ATS 49 TR P -15 38559.24352050000 0.89 IND BUS ATS 49 TR N -18 39642.87720050000 0.91 IND GR5 LAKESIDE BK 3 LT 2 42670.37301390000 0.98 IND WFB ATS 49 TR -18A 43995.00872490000 1.01 IND WFB USS 2537B, BLK 2 TR 16A 44256.03373640000 1.02 IND WRH LAKESIDE 2ND LT 1A -1 45987.05999270000 1.06 IND SFR ATS 49 TR P -19 Case No. 13 -012 Appendix Page 23 of 25 Public Hearing Item 1 -1) P &Z December 19, 2012 Properties on the Road System Zoned Industrial Area Acreage Zone_Type Use Legal_Desc 48291.04763040000 1.11 IND WFB PORTION OF ATS 49 NOTED AS TR N -22 49351.24418310000 1.13 IND WFB ATS 49 TR N -14, N36, & N -41 49598.60713590000 1.14 IND WFB KODIAK TWNST BK 20 LT 1 57891.32743570000 1.33 IND WEB USS 2537B BLK 2 TR 16 -B 60847.42340260000 1.40 IND WFB ATS 49 TR N -32A -1 61069.08482880000 1.40 IND IND SEAVIEW LT9 62269.65009720000 1.43 IND VAC SEAVIEW LT 10 62437.15053300000 1.43 IND VAC BELLS FLATS TR 0 -1 OF TRA 62439.00103280000 1.43 IND WFB ATS 49 TR 4 & PRTNOF USS 1086 & TR D, E & PRTN OF C, USS 1086 63071.10088080000 1.45 IND WRH SEAVIEW LT 5 63291.76825940000 1.45 IND WFB ATS 49 TR 1A 65463.85253810000 1.50 IND VAC ATS 1266 TR E ROUND ISLAND 68143.87109880000 1.56 IND WFB ATS 49 TR N -38A 70348.96986940000 1.61 IND IND SEAVIEW LT 14 71766.68507690000 1.65 IND VAC SEAVIEW LT 13 72369.94811080000 1.66 IND VAC ATS 1266 TR D GULL ISLAND 72689.31818030000 1.67 IND WFB ATS 1408 TR A 75006.50915930000 1.72 IND VAC SEAVIEW LT 19 77362.13307240000 1.78 IND VAC SEAVIEW LT 18 77870.34122070000 1.79 IND BR SEAVIEW LT 11 77874.93231890000 1.79 IND VAC SEAVIEW LT 12 80140.09912270000 1.84 IND VAC SEAVIEW LT 17 82741.61730940000 1.90 IND WRH SEAVIEW LT 15 86937.76864950000 2.00 IND VAC BELLS FLATS TR E OF TR A 87040.33666310000 2.00 IND VAC SEAVIEW LT 16 90891.98640700000 2.09 IND WFB ATS 49 TR 3 AND USS 1086 TRACTS A, B AND A PORTION OF C 98081.54340520000 2.25 IND VAC SEAVIEW LT 6 98346.70346670000 2.26 IND VAC SEAVIEW LT7 107971.92345200000 2.48 IND WRH USS 3468 TR A 135756.07695100000 3.12 IND VAC ATS 955 TR A 141701.31850300000 3.25 IND VAC SEAVIEW LT 22 148628.66301500000 3.41 IND WFB USS 2539 PARCEL A & B WOMANS BAY 149950.54953700000 3.44 IND WFB NEW KODIAK BK 18 LT 6A -1 161064.11276900000 3.70 IND IND USS 1673 LT 2 PTN NAT'L MARINE FISH 170696.54468700000 3.92 IND VAC SEAVIEW LT 20 207878.13350600000 4.77 IND VAC USS 2539 TR A GIBSON COVE 210083.55191100000 4.82 IND VAC USS 1673 TR A 217995.15974800000 5.00 IND WFB USS 2735 TR A MIDDLE BAY 220634.57453600000 5.07 IND IND ATS 1408 TR C -1 228200.75408800000 5.24 IND VAC ATS 1408 TR B 234127.65700600000 5.37 IND IND USS 2537B (PIER 2 -CITY DOCK) 252793.89844700000 5.80 IND VAC SEAVIEW LT 1A 252828.88368700000 5.80 IND BUS USS 1673 TR B 255028.45450700000 5.85 IND VAC SEAVIEW LT 21 260571.62396200000 5.98 IND VAC USS 1673 TR A 323549.93174500000 7.43 IND VAC USS 1673 LT 2 PTN GIBSON COVE 335477.23649900000 7.70 IND 1ST USS 2539 PTN OF /MC11 -1 -001 -1 495215.03476700000 11.37 IND VAC ATS 1266 TR F USKI ISLAND 568913.84488000000 13.06 IND VAC ATS 1266 TR D GULL ISLAND 741107.13210000000 17.01 IND IND BELLS FLATS TR A BK 3 ALL 1219440.05458000000 27.99 IND IND BELLS FLATS TR A BK 4 LT 3 Total Acreage = 232.63 Case No. 13 -012 Appendix Page 24 of 25 ) Public Hearing item 1 - 13 P &Z December 19, 2012 Request: CI Rezone, according (OEM 277.205.030 e Roadsystem Industrial Qo rezone (la g f(l, ig' i 3945 Eadate remainder paR@Egige 13 -012 OM 44355, comprising Kodiak Island Borough Solid Kodiak Island Borough Waste Disposal ft from a combination CS PL-Public l(I! Land ad C- Conservation Zoning District ap I- Industrial Zoning Distric / , ,I — , .-....>•vi 0 l Ci / 9 • • ° ' 4 ° a v • � ? e 0 I�� 2 sA . ) co Crof 0 J 4/2 Pm Q O O • r � Legend • � �/ 4 I I Parcels selection I — _ • K z �o i I Ap� ., Kodiak Island Borough GIS System T n. isi 0 5,500 11,000 22,000 33,000 44,000 "'III Feet P I This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -012 Appendix Page 25 of 25 x= KODIAK ISLAND BOROUGH % Fitt " " AGENDA STATEMENT REGULAR MEETING OF: JANUARY 17, 2013 ITEM NO.: 13.C.2 TITLE: Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision From R -1 Single Family Residential Zoning District To UNC- Urban Neighborhood Commercial District (Case 13 -008). ORIGINATOR: Community Development Director FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2013 -14; P &Z Case Packet; Results Letter; Mtg Minutes APPROVAL FOR AGENDA SUMMARY STATEMENT: ,. Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision was an 8,000 square foot vacant residential lot. Owned by the City of Ouzinkie, the lot exhibited the attributes that made it a desirable candidate for the placement of a telecommunications systems relay facility. Acting upon the imperative for upgrading the community's telecommunications connectivity, the City entered into a lease with the service provider, and only later realized the conflict between zoning and use. The City acted pre - emptively to pass a local resolution recognizing the contribution of the facility to the community's telecommunications requirements, and requesting a rezone to a zoning district that accommodates the use. The Commission held a public hearing on this request and found the request is consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. KIBC 17.205.55(B) also requires the Assembly to be notified by the commission of its actions and its findings. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2013 -14 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 1 of 1 1 Introduced by: Acting Manager 2 Requested by: CDD Acting Director 3 Drafted by: CDD Acting Director 4 Introduced: 01/17/2013 5 Public Hearing: 6 Adopted: 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2013 -14 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 APPROVING A REZONE FOR LOT 2 BLOCK 17, TRACT A, OUZINKIE TOWNSHIP 13 SUBDIVISION, FROM R1- SINGLE - FAMILY RESIDENTIAL TO UNC -URBAN 14 NEIGHBORHOOD COMMERCIAL ZONING DISTRICT 15 16 WHEREAS, the Planning and Zoning Commission initiated a rezone investigation of Lot 17 2, Block 17, Tract A, Ouzinkie Townsite Subdivision per KIBC 17.205.030 B; and 18 19 WHEREAS, Lot 2 has been improved with a public use facility; and 20 21 WHEREAS, the Commission held a properly noticed public hearing on this request and 22 is recommending that the Assembly find that a rezone of Lot 2, Block 17, Tract A, 23 Ouzinkie Townsite Subdivision from R1- Single- family Residential to UNC -Urban 24 Neighborhood Commercial Zoning District is in keeping with the guidance and objectives 25 of the 2008 Comprehensive Plan. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that the following parcel shall be rezoned from R1- Single- family Residential to 29 UNC -Urban Neighborhood Commercial Zoning District as follows: 30 31 Section 1: This ordinance is not of general application and shall not be codified. 32 33 Section 2: Lot 2 Block 17, Tract A, Ouzinkie Townsite Subdivision is hereby rezoned 34 from R1- Single- family Residential to UNC -Urban Neighborhood 35 Commercial Zoning District. 36 37 Section 3: The City of Ouzinkie must obtain the required "After- the - Fact" zoning 38 compliance permit for the existing public use facility located on Lot 2, Block 39 17, Tract A, Ouzinkie Townsite Subdivision prior to this rezone becoming 40 effective. 41 42 Section 4: The City of Ouzinkie must comply with the terms of Conditional Use Permit 43 13 -008 prior to this rezone becoming effective. 44 45 Section 5: The findings of the Kodiak Island Borough Planning and Zoning 46 Commission are hereby confirmed as follows: 47 48 17.205.020.A. Findings as to need and justification for a change or amendments: 49 A rezone from the R -I Single Family Residential Zoning District to the UNC -Urban 50 Neighborhood Commercial Zoning District is needed for the purpose of removing 51 doubt with respect to the property's ability to legally support the existing use. Kodiak Island Borough, Alaska Ordinance No. FY2013 -14 Page 1 of 2 � - -; Kodiak Island Borough - / Co Development Department ,n ` 710 Mill Bay Road .•1 'w , y ` 0 �� r;> Kodiak, Alaska 99615 - Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us Memorandum Date: October 22, 2012 To: Mr. Bud Cassidy, Interim Manager, Kodiak Island Borough From: Community Development Department RE: Case 13-008. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 2, Block 17, Tract A, Ouzinkie Townsite subdivision from RI- Single - family Residential to UNC- Urban Neighborhood Commercial. At the October 17` 2012 Regular Meeting of the Planning & Zoning Commission, the Commission conducted the required public hearing on the matter stated above. The Commission voted unanimously to recommend the rezone to the Borough Assembly. Accompanying this memo are; 1) The case packet for Case No. 13 -008 2) The minutes of the public hearing related to Case 13 -008, 3) A copy of the results letter transmitted to the applicant in the case, 4) And a draft ordinance rezoning Lot 2, Block 17, Tract A, Ouzinkie Townsite Subdivision. vb1 Martin Lydick, Associate Planner Kodiak Island Borough Community Development Department * %% Kodiak Island Borough t * r` Community Development Department d / v 710 Mill Bay Road !Iy Kodiak, Alaska 99615 "° Phone (907) 486 -9363 Fax (907) 486 -9396 r www.kodiakak.us October 18, 2012 Planning & Zoning Commission 710 Mill Bay Road Kodiak, AK 99615 Re: Case 13 -008. Request a rezone investigation, according to KIBC 17.205.030.B, to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision, from R1- Single - family Residential toUNC -Urban Neighborhood Commercial; and, A Conditional Use Permit (CUP), according to KIBC 17:200, to consider a CUP for a Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite communication ground station. Dear Commissioners: The Kodiak Island Borough Planning & Zoning Commission at their meeting on October 17, 2012 moved to forward the request cited above, recommending approval, to the Borough Assembly, and they also approved the CUP Please contact the Borough Clerk's Office at 486 -9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assemlby shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within, ten days, files a written statement with the clerk requesting thatthe commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to thc assembly: FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood Commercial Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood Commercial Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives,of the Comprehensive Plan. A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood Commercial Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood Commercial Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction,activities. If you have any questions about the action of the commission, please contact the Community Development' Department at 486 -9363. Sincerely, cs.tin am/ j 1 Sheila Smith Secretary CC: Nova Javier; Borough Clerk Planni & Zoning Commission Mayor Dan Clarion of Ouzinkie Public Hearing Item 1 -13 P &Z October 17, 2012 Current Location Request: A rezone investigation, according to KIBC 17.205.030.B, P & Z Case # 13 -008 to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie from R1- Single- family Residential to UNC -Urban Neighborhood KIB P &Z Commission Commercial; & A Conditional Use Permit (CUP), according to KIBC Agent: Dan Clarion, 17.200, to consider a CUP for a Utility & Service Use in Mayor, City of Ouzinkie accordance with KIBC 17.100.040.F, by allowing a satellite communication ground station. quirreergemer USS 4871 TR. CT I OF TRACT C Y P 404‘1 f �Rt AkIllgilk.40 010 Alkik • �® USS 388 AfftearS 4 60 A ' & IPM04 0 *Veat ;ir. 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Case No. 13 -008 Introduction Page 1 of 3 Public Hearing Item 1 -13 P &Z October 17, 2012 Kodiak Island Borough Zoning Map 1.114 Community Development Department Current Zoning Request: A rezone investigation, according to KIBC 17.205.030.B, P & Z Case # 13-008 to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie from R1- Single- family Residential to UNC -Urban Neighborhood KIB P &Z Commission Commercial; & A Conditional Use Permit (CUP), according to KIBC Agent: Dan Clarion 17.200, to consider a CUP for a Utility & Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite Mayor, City of Ouzinkie communication ground station. USS 4871 TRACT I OF TRACT C ARM ge a US' 487 . 'ACT C ` �; .01 OCN1 y • l •ye • P A** it I I lik 0 . 4111 a 0 0 _ . * , , i I 1 , „ ak, . " . ‘. . 4 4 0 ' i 44 1* 41e* ' . . ei-,4* • • 7 ,,,: . Alitiv; 41** ' 41 1)11 10 •,0 g i I tz , -, . .,..4 Ilt .-- -'' V4-, f 1. 1 4 0. 1 1 1be. 9 ' 04, :'..> A i p c / '- - - -N -Ili *It* A Itt .- V 3 ,* '.- 1 ■ d ith t . ' '' ® IJ , 4 974 \ a'F , , * Ar 44N0k.: ,i1 444 I A I tit 4". Legend USS 3169 Legend 2 Block 17 Subject Parcel Zoning Legend I I Public Use Lands I Rural Residential 1 I Multi Family Residential Light Industrial ��� Watershed Rural Residential 2 Business I Rural Neighborhood Commercial Conservation _ Single Family Residential 11111 Retail Business . Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial ' Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Case No. 13 -008 Introduction Page 2 of 3 Public Hearing Item / -t3 P &Z October 17, 2012 Image Overlay Request: A rezone investigation, according to KIBC 17.205.030.8, P & Z Case # 13 -008 to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie from R1- Single- family Residential to UNC -Urban Neighborhood KIB P &Z Commission Commercial; & A Conditional Use Permit (CUP), according to KIBC Agent: Dan Clarion, 17.200, to consider a CUP for a Utility & Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite Mayor, City of Ouzinkie communication ground station. 4 ; . A , a te , .0. � . .; ' . f ti �„�. • - . } Y , v1 ` • 4 v., .. - A: - . d.• - � r ,,, • • Nt . 4 . . 7 il ' ' • . . .'' ' _ A vi, .. lia ...•414 : ...., r . .. , ' "fi t : r. . * A■ , 402 , 4 -, : '.1 , C • . •• r, . .. 5. _„ . .. .. .. . •:-..... _,- .. m t." . .._. • . A 4 .•.,,.., . I .. A . ..t.d. .. %...480. .40... --.' -.•.4,L- Iv( __ .: ., . . . . IOW_ .. 4 -'-- I - . Legend r , .. Lot 2 Block 17 Subject Parcel / 4:::: ii ;77.,*"Ightb.. x r _. Kodiak Island Borough GIS System ,01„ 0 45 90 180 270 360 .Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333 Case No. 13 -008 Introduction Page 3 of 3 Public Hearing Item / -b P &Z October 17, 2012 MEMORANDUM DATE: August 4, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 15, 2012 Regular Meeting CASE: 13 -004 APPLICANT: City of Ouzinkie REQUEST: Request for Commission to initiate a rezone for Lot 2, Block 17, Ouzinkie Townsite Subdivision from R1- Single- family Residential to UNC -Urban Neighborhood Commercial in accord with KIBC 17.205.030.B. LOCATION: Lot 2, Block 17, Ouzinkie Townsite Subdivision ZONING: R1- Single- family Residential SUMMARY This request is the result of a complaint based enforcement order. The City of Ouzinkie leased a site to GCI Communications for a satellite ground station thinking the site was previously approved for utility uses. A neighboring resident filed a complaint and staff review determined that the site is zoned R1- Single- family Residential. The city has requested by council resolution that the commission initiate a rezone on its behalf. The commission has typically undertaken these requests on behalf of the remote communities which have very limited resources. Staff has consulted with the mayor and recommended the UNC zone as the best balance between the established communications site and the surrounding residential context. If the rezone is successful the communication site will also require a CUP which staff recommends the commission also initiate so that the most complete review of the zoning and use issues can be conducted in on review. RECOMMENDATION Staff recommends that the Commission make adopt a motion to initiate a rezone (and related CUP review) as requested in City of Ouzinkie Resolution 2012 -11. Case No. 13 -008 Application Page 1 of 6 Public Hearing Item 1 -13 P &Z October 17, 2012 APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to initiate an investigation for Lot 2, Block 17, Ouzinkie Townsite Subdivision for a rezone from R1- Single- family Residential to UNC -Urban Neighborhood Commercial; and, To initiate a concurrent conditional use permit (CUP) review for the existing satellite ground station as a conditional utility facility that will be located in the UNC zoning district if the rezone is successful. If approved a s recommended the case will appear on the commission's October 2012 agenda. If initiated by the commission further enforcement action will continue to be held in abeyance until a final decision is rendered on all matter related to this request. Case No. 13 -008 Application Page 2 of 6 Public Nearing Item 1 -13 P &Z October 17, 2012 CITY OF OUZINKIE RESOLUTION 2012 -11 A RESOLUTION REQUESTING REZONING OF TRACT A, LOT 2, BLOCK 17 FROM RESIDENTIAL TO URBAN NEIGHBORHOOD COMMERCIAL WHEREAS, the Kodiak Island Borough regulates zoning within the borough through the Zoning Commission, and; WHEREAS, property within the city boundaries ofOuzinkie carry with it a zoning classification set by the Zoning Commission, and; WHEREAS, GCI Communications has established an Earthstation on Tract A Lot 2 Block 17 of the U.S. Survey #4871 Townsite ofOuzinkie, Alaska for cellular communications that are vital for the community, specifically the scfiool and the clinic. WHEREAS, the present lot that contains the Earthstation is zoned residential, and WHEREAS, the zoning regulations requires that the lot be classified as Urban Neighborhood Commercial to accommodate the :GCI Earthstation. NOW THEREFORE BE IT RESOLVED, that the City ofOuzinkie requests of the Kodiak Island Borough Zoning Commission to change the zoning for Tract A Lot 2 Block 17 of the U.S. Survey #4871 Townsite ofOuzinkie, Alaska from Residential to Urban Neighborhood Commercial. PASSED AND APPROVED by a duly constituted : quorum of the City Council ofOuzinkie this /0s_ day offM.Plt- 2012. Signe ; • Dat on, Mayor Attest: j Linda Getz, City Clerk Case No. 13 -008 Application Page 3 of 6 Public Hearing item / -5 P &Z October 17, 2012 FAX COVER SHEET CITY • OF DUZINKIE P P.O. Box 109 OUZINK.m, AK 99644 PHONE* (907) 680 -2209 FAX # (907) 680 -2223 E =MAIL o fouz6ilae a ouz�nlne o SEND TO: V t r4 i Ly FROM: L Q I Fn FAX# t��' 4 3 /4. DATE: id? h/f TOTAL PAGES, INCLUDING COVER SHEET 4C if tec OAT /' oor foN /ryo�f /oF;,; 4 20/2 4 fr ✓r DFOg0T .47 Case No. 13 -008 Application Page 4 of 6 .— , (� i X .[ spy C %f Ge�trafoos l�i` List r. i Sin S' � s s • As 0 � ,\ L [ 1 • , '� -- 17:4 i - cil alt `� �� pti ,,,„ ..r. Z / � h4 in 7a W a , -- r(7l a . 42 �h it t, -1,0,4,,- _ i 0 - = '�L M3 A cu ' ®uz ( /' cu erg ua me n •-. N a • tri zta. ...._. .4f,tbr t _______ 0, so c• 7 ., r 74,11 H . : ;)...** . we at- alp q -7-- Envics a Papp r _ 2 ' I K � L [ ocr _ 1 0 s czr� Lt�cLf • .. ,. m� _ 4 i2 of N o '5 (fAA �, co, CD; ■ UN I WDi LDPMEN iDCPARiN,Cj;i' o SD , a • • g / 6 5 < I 3 ( 2 I 1 00 O — if= - '— -- -- _ O a o -- / y. ttld`Ha�.o ::. a N Q/p (( i 6TA6 ,, Inta , .' 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NfIMPi9M PART wxtlp N a A G 1 fn•n'favRnwl+lexpp anal (��� =I COMMUNICATION CARP A W�• p S UCMS /1- lPrRxatla W OW °11, n69ai Gl[IM1N 1cT L Q 5 { /V WCCP C+ J� r vo.emr v,mt ruam l �� Z CI FtriaE W1� l 1 - l ArI.sr lSaa s�.TQn O N —05.1%Ks1=tietiveseC Al [aV Qia Ye xxat NamlxaKw¢of �� � GROUND SLING arras a' 61 anxlwvs'auolx ®arv¢vfmnms 0�+++ y .�+'rR"�t a in Tv eLINIG a 11 nnInc- ranXI- aol -et -, 5 e 7 6 5 a 3 2 1 V 7 co O 3 . N N I a Public Hearing Item 1 -13 P &Z October 17, 2012 A , 1--N Kodi • k Isl, ®rough A 4 ;' - Community Development Department 710 Mill Bay Road Room 205 r n� _ i Kodiak, Alaska 99615 zip Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us September 6, 2012 Mayor Dan Clarion City of Ouzinkie PO Box 109 Ouzinkie, AK 99644 Re: Case 13 -008. Request a rezone investigation, according to KIBC 17.205.030.B, to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from R1- Single - family Residential to UNC -Urban Neighborhood Commercial; and, A Conditional Use Permit (CUP), according to KIBC 17.200, to consider a CUP for a Utility and Service Use in accordance with K1BC 17.100.040.F, by allowing a satellite communication ground station. Dear Mayor Clarion: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their October 17, 201 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, October 10, 2012 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, ca cCvnet Sheila Smith, Secretary Community Development Department Case No. 13 -008 Public Comment Page 1 of 7 Public Hearing Item 1 -13 P &Z October 17, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 September 5, 2012 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 17, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: 13 -008 APPLICANT: Planning & Zoning Commission AGENT: Dan Clarion, Mayor REQUEST: A rezone investigation, according to KIBC 17.205.030.B, to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from R1- Single- family Residential to UNC -Urban Neighborhood Commercial; and, A Conditional Use Permit (CUP), according to KIBC 17.200, to consider a CUP for a Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite communication ground station. LOCATION: 3712 Third Street, Ouzinkie ZONING: RI- Single- family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, on Tuesday, October 2, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmithAkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free number is 1- 855 -492 -9202. One week prior to the regular meeting, on Wednesday, October 10, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 13 -008 Public Comment Page 2 of 7 Public Hearing Item / -ti P &Z October 17, 2012 Request a rezone investigation, according to KIBC Current Location 17.205.030.B, to consider the rezoning of Tract A, 3712 Third St., Ouzinkie Lot 2, Block 17, Ouzinkie Townsite Subdivision from P &Z Case 13 -008 R1- Single- family Residential to UNC -Urban P & Zr ommission/ Neighborhood Commercial; and, A Conditional Use Permit (CUP), according to KIBC City of Ouzinkie 17.200, to consider a CUP for a Utility and Service Use in accordance withKIBC 17.100.040.F, by allowing a satellite communication ground station. USS 48/1 - TRACTIOFTRACTC R ' At L�/ ® sa m 5 u 0 4 �� 470 =�' 4 Lk .- ..- R ipro AISPIM 3 \\\ �® ® c ` t • 111\4 R7 4 4z- ha * A S • - MAW Or ) • i f gba nt kicFT ° ♦ at., TRACTA —° Kodiak Island Borough GIS Legend N 904 Feet ( Subject Parcel W NNW E 255 sio 020 ® Notification Area s This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general Iocadon of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 13 -008 Public Comment Page 3 of 7 STATE OF ALASKA ALLAN BREITZMAN TRUSTEE. ANGELINE CAMPFIELD POUCH 6900 222 W. 7TH AVE. #13 P 0 BOX 112 ANCHORAGE, AK 99502 ANCHORAGE, AK 99513 OUZINKIE, AK 99644 CITY OF OUZINKIE KATHERINE ELLANAK JOE LLANOS P.O. BOX 109 PO BOX 106 4231 FOLKER ST #G101 OUZINKIE, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99508 CHRIS OPHEIM ANTHONY OPHEIM OUZINKIE NATIVE CORP P.O. BOX 10 P.O. BOX 10 PO BOX 89 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 TED PANAMARIOFF, JR ETAL RUSSIAN ORTHODOX CHURCH John Shanagin 810 HILLSIDE DR PO BOX 210569 C/O BIA KODIAK, AK 99615 ANCHORAGE, AK 99521 3601 C Street, #100 Anchorage, AK 99503 WALTER SHANIGAN CARL SMITH ALEXANDRA SMITH PO BOX 76 P.O. BOX 94 P 0 BOX 82 OUZINKIE, AK 99644 OUZINKIE, AK 99644 OUZINKIE, AK 99644 Danny Clarion ALICE SQUARTSOFF BONNIE VLASOFF PO Box 71 PO BOX 35 1571 BEAVER PL Ouzinkic, AK 99644 OUZINKIE, AK 99644 ANCHORAGE, AK 99504 Public Hearing Item 1 -13 P &Z October 17, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 September 5, 2012 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public bearing will be held on Wednesday, October 17, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear cotninents if any, on the following request: CASE: 13 - 008 APPLICANT: Planning & Zoning Commission AGENT: Dan Clarion, Mayor REQUEST: A rezone investigation, according to KIBC 17.205.030.B, to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from R1- Single - family Residential to UNC -Urban Neighborhood Commercial; and, A Conditional Use Permit (CUP), according to KIBC 17.200, to consider a CUP for a Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite communication ground station. LOCATION: 3712 Third Street, Ouzinkic ZONING: RI- Single- family Residential This notice is being sent to you because our records indicate you are a property owner /inter party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Conmmnity Development Department. Written comments must be received by 5 pm; on Tuesday, October 2, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396 or you may email them to ssmith(iukodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, October 10, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (4121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. / Your Name: TYCE / j// 'C . Z,6 /$ /' Malting Address: spy.' ACLA S/ • your property description: fri.7. //YK /t a4' L7t . �Z -L/7 L'T /4,/ .2- evr7'/ 'TSte2 /NK16 Comments: i i f. Z t - - CfF (,i //,e (?n rrA/6,vts E.4:54.; 33ka 6c7.fd, G Case No. 13 -008 Public Comment Page 5 of 7 Public Hearing Item / -li P &Z October 17, 2012 Request a rezone investigation, according to KIBC Current Location 17.205.030.B, to consider the reioning of Tract A, 3712 Third St., Ouzinkie Lot 2, Block 17, Ouzinkie Townsite Subdivision from P&Z Case 13-008 R1- Single4amily:Residential.t &UNC- Urban- . ` P 8g'ZCommission/ - - • A Neighborhood Commercial;_ and . Conditional U se Permit (CUP), according•to KIBC City of Ouzinkie 17.200, to consider a CUP for'a,Utility'.andiSetvice'l) Use in accordance withKIBC;17.100:040.F(by - l':" allowing a satellite communication ground station. US$ 48 - TRACT 1 OF T C ‚4 .- ' • v, , . • . iri.. .,, ,.. ,,,,,,, r i PI 1 :404 ( \ I ); C) ' , )3/4 , ' . k V ite r< a ‘ 3 V a''''''.. \ , ,,.„.„,.,.... 12 4111/4• 1 P W At ., 4 4 ilo ' V di 1: / • A. ' . cir, 4 4P t, a „ .. .. ...,, . . .. .. • • y �! 0 itiit • ® ' aig ------% r ® TRACTA - S . Kodiak Island Borough GIS Legend N • OA "- Fee pp t j Subject Parcel W : E ea "'RRR ipl ( ( ( o ' ' 255 1 510 ' 1,020 '- Notification Area S Thu map vies prelared from the Kodiak Island Borough's GIS system. n is provided for the purpose cr aiming the general locals* a a progeny within the Kodiak Islald Borough. This map done not represent a sway. More Hammon &0u1 the mamma data can be obtained by conlacTmg the Kodak Island Borough IT Cepornnenl al (90114859333. Case No. 13 -008 Public Comment Page 6 of 7 Public Hearing Item 1 -13 P &Z October 17, 2012 Kodiak ISLAND BOROUGH Public Hearing Notice CASE: 13 -008 AGENT: Dan Clarion, Mayor City of Ouzinkie Joe & Doris Llanos Ouzinkie Block 16, Lot 2 Third Street, Ouzinkie,AK 99644 This (attached) Notice came as somewhat of a surprise to us. We assumed that Legal Proceedures were followed by KIB and interested parties before the Commercial Installations were made. NOW WE FIND OUT AFTER THE FACT, WE ARE ASKED FOR OUR INPUT. OF COURSE! WE OBJECT TO THE CHANGE OF REZONING OF THIS PROPERTY(Lot 2, Block 17) for commercial use!. When we purchased our property (Lot2, Block 16), we signed a CONTRACT which states that only one single family dwelling could be built, within three (3) years or the property would revert back to the City of Ouzinkie. WE FULFILLED OUR CONTRACT and registered our property with KIB. We have paid our taxes to KIB ever since. What change in Property Value and TAX will take place on our property now, if commercial building is permitted directly across the street from our property? p i d-Hvity9 " ! ; a 0 Case No. 13 -008 Public Comment Page 7 of 7 Public Hearing Item 1 -1:1 P &Z October 17, 2012 MEMORANDUM DATE: October 5, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the October 17, 2012 Regular Meeting CASE: 13 -008 APPLICANT: Kodiak Island Borough Planning & Zoning Commission AGENT: Dan Clarion, Mayor, City of Ouzinkie REQUEST: A rezone investigation, according to KIBC 17.205.030.B, to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from R1- Single- family Residential to UNC -Urban Neighborhood Commercial; and, A Conditional Use Permit (CUP), according to KIBC 17.200, to consider a CUP fora Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite communication ground station. LOCATION: 3712 Third St., Ouzinkie, Alaska ZONING: R -1 Single Family Residential Zoning District Eighteen (18) public hearing notices were mailed on September 5, 2012. One (1) public hearing notice has been returned objecting to the request. Date of site visit: None 1. Zoning History: The 1968 Comprehensive Plan did not address this area. Ordinance 77 -15 -0 rezoned all previously unclassified property within the Borough to C - Conservation Zoning District. Ordinance 77 -19 -0 rezoned the property to R -1 Single Family Residential Zoning District. 2. Lot Size: 8,000 square feet. 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Ouzinkie Block 16 Lot 5 Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning District South: Ouzinkie Block 17 Lot 3B Use: Single Family Residence Zoning: R -1 Single Family Residential Zoning District East: Ouzinkie Block 17 Lot 3B Use: Single Family Residential Zoning: R -1 Single Family Residential Zoning District Case No. 13 -008 Staff Rpt Page 1 of 6 Public Hearing Item / -13 P &Z October 17, 2012 West: Ouzinkie Block 17 Lot 1 Use: Single Family Residential Zoning: R -1 Single Family Residential Zoning District 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update Chapter Eleven, Ouzinkie, identifies this location as suitable for the "Mixed Use /Commercial" designation The Comprehensive Plan included this discussion of the types of development allowable with the designation: Mixed Use. This zone is intended to allow for a mix of residential and small -scale commercial uses, including retail uses and home occupations, including those allowed in the Rural Neighborhood Commercial zone. It also may allow for bed and breakfast establishments and lodges if they are of a limited size. Only a portion of any mixed commercial /residential use area would be expected to be developed for commercial use (e.g., 40% or less) Commercial. This designation is intended for commercial uses allowed in the Borough's Retail Business, Business, and Urban Neighborhood Commercial zones, which include a variety of retail and other business uses. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: Chapter17.205 AMENDMENTS AND CHANGES 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. ( B. The planning commission upon its own motion; C. ( 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Chapter17.200 CONDITIONAL USE PERMITS 17.200.010 Intent. It is recognized that there are land uses which are generally considered appropriate in certain zoning districts; provided, that controls and safeguards are applied to ensure their compatibility with permitted principal uses. 1 Appendix page 3 of 5 Case No. 13 -008 Staff Rpt Page 2 of 6 Public Hearing Item / -lt P &Z October 1.7, 2012 The conditional use permit procedure is intended to allow consideration of the impact of the proposed conditional use on surrounding property, and the application of controls and safeguards to assure that the conditional use will be compatible with the surrounding area. 17.200.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.200.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. STAFF COMMENTS REZONE This request is the result of a complaint based enforcement order. The City of Ouzinkie leased a site to GCI Communications for a satellite ground station thinking the site was previously approved for utility uses. A neighboring resident filed a complaint and staff review determined that the site is zoned R1- Single- family Residential. The city has requested by council resolution that the commission initiate a rezone on its behalf. The commission has typically undertaken these requests on behalf of the remote communities which have very limited resources. Staff has consulted with the mayor and recommended the UNC zone as the best balance between the established communications site and the surrounding residential context. Conformance with the Comprehensive Plan: The requested rezone would broadly comply with the comprehensive plan. Modern, functioning communications systems have been identified as essential to improving public health access, educational, and economic opportunities within the borough, and particularly within the outlying village communities. A rezone of the property to the Urban Neighborhood Commercial designation would be a step towards implementing the 2008 Comprehensive Plan Update Proposed Future Land Use for the City of Ouzinkie. Zoning /use: The recent communications infrastructure improvement on the lot underscored the need for an appropriate rezone in order to re- establish the compatibility between use and underlying zoning. Case No. 13 -008 Staff Rpt Page 3 of 6 Public Hearing Item / - P &Z October 17, 2012 Land Suitability: The subject parcel is an existing lot within the established lot /block grid of the City Ouzinkie. Rectangular in shape, the parcel does not present any deficiencies of note. Recent Development trends in the area: As summarized by returned public hearing notice, there has been one single - family residence developed across the street to the northeast in recent years. Recent public infrastructure improvements have included projects to upgrade and improve the harbor and docking facilities. Traffic impacts: No additional traffic impacts are expected as a result of the requested zoning change. CONDITIONAL USE PERMIT Because this site is located in a rural village, accessible only by air or water, it may seem counter- intuitive to request the Urban Neighborhood Commercial designation for the property, as opposed to the Rural Neighborhood Commercial designation. The distinguishing feature is that the former is intended to apply in areas where public sewer and water is available, as is the present case. Each district is almost a mirror image of the other with respect to permitted uses, and each district lists as a conditional use "Utility and services uses (e.g. substations, etc.) ". The current satellite communications station clearly is covered by the "etc." category. The existing facility is similar to other installations the Commission has permitted as conditional uses in the Business, Conservation, and Public Use zoning districts. The quickly evolving technology associated with today's telecommunications industry, and the industry's competitive environment results in numerous requests for conditional use permits and /or variances in order to keep pace. A quick review of the department's case logs disclosed at least 14 cases in the last 5 years. These types of requests have been routinely granted by the Commission, modified only by certain generic conditions of approval driven mostly by esthetic concerns. KIBC 17,200.030 Site Plan requires the applicant submit certain documentation that ensures the development complies the requirements of the zoning district, or otherwise complies with the application of variances in order to address any deficiencies. 17.200.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. In this instance, the City of Ouzinkie has been unable to respond with sufficient documentation to comply with 17.200.030 in a timely manner. Staff is suggesting an appropriate condition of approval allowing the City and the tenant (GCI, Inc.) to submit appropriate documentation after the fact. 2 Appendix page 4 of 5 3 Appendix page 5 of 5 Case No. 13 -008 Staff Rpt Page 4 of 6 Public Hearing Item 1 -ti P &Z October 17, 2012 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved; And, in a separate motion staff recommends that the Commission grant the request for a Conditional Use Permit, subject to Conditions of Approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone according to KIBC 17.205.030.B, of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from R1- Single- family Residential to UNC -Urban Neighborhood Commercial, and to adopt the findings of fact in the staff report dated October 5, 2012 as Findings of Fact for Rezone Case 13 -008. Staff is recommending that this motion be passed. FINDINGS OF FACT (Rezone) Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from the R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R -1 Single Family Residential Zoning District to the PL- Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. Case No. 13 -008 Staff Rpt Page 5 of 6 Public Hearing Item / -B P &Z October 17, 2012 Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant A Conditional Use Permit (CUP), according to KIBC 17.200, for a Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite communication ground station to be located on Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision, subject to Four (4) Conditions of Approval, and to adopt the findings of fact in the staff report dated October 5, 2012, as Findings of Fact for CUP Case 13 -008. Staff is recommending that this motion be passed. CONDITIONS OF APPROVAL [1] A) The City of Ouzinkie is required to submit documentation sufficient to establish compliance with the terms of KIBC 17.200.030. B) The documentation required in 1A above must be submitted to the Community Development Department within one hundred eighty (180) days of the decision date for Staff review and approval. [2] The City of Ouzinkie is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate "After the Fact" fee. [3] The City of Ouzinkie / GCI, Inc, is required to install sight- obscuring fencing, a minimum of eight (8) feet in height, around the installation. FINDINGS OF FACT (Conditional Use Permit) A. Appropriate conditions of approval will ensure that the conditional use will preserve the value, spirit, character, and integrity of the surrounding area; B. The conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. Granting the conditional use permit will not be harmful to the public health, safety, convenience, and comfort; D. Documentation submitted with the request ensures that the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. This conditional use permit does not pertain to a public use or structure. Case No. 13 -008 Staff Rpt Page 6 of 6 Public Hearing Item 1 -13 P &Z October 17, 2012 0 0 0 n( 1 7 4 o KODIAK ISLAND BOROUGH ORDINANCE NO. 77 -15 -0 AN ORDINANCE AMENDING THE KODIAK ISLAND BOROUGH ZONING MAP AND DEFINITIVELY ZONING ALL LANDS WITHIN THE BOROUGH NOT PREVIOUSLY CLASSIFIED BE IT ORDAINED by the Kodiak Island Borough Assembly that the official zoning map is hereby amended as follows: Section 1. All lands within the corporate jurisdiction of the Kodiak Island Borough which have not previously been classified and depicted on the official zoning map are hereby zoned "Conservation" and all such lands will herein after be so reflected on the official zoning map until further rezoned in accordance with Chapter 17 of the Kodiak Island Borough code of ordinances. PASSED AND APPROVED this ii ct day of , ,(,r 1977 II I KODIAK ISLAND BOROUGH I / BY a.� • :crow. /'a - -'. empore 411 I - 'S. BY , L+.' 'res • ng 6 cer ATTEST: //JGFL'C % / 1..1:Y.�- Borough r First Reading, Approval Date: Z / 9 7 7 Second Reading, Public Hearing, Approval Date, J ` 7, /777 i Effective Date: •,Zc,9, 7, /7, i." l Case No. 13 -008 Appendix Page 1 of 5 Public Hearing item / -B P &Z October 17, 2012 0 '] 1 0 1 1 2 7 1 4 KODIAK ISLAND BOROUGH ORDINANCE NO. 77 -19 -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING CERTAIN LANDS WITHIN THE BOROUGH. WHEREAS, the Kodiak Island Borough Assembly has found it necessary to rezone certain Land within the Borough from Conservation to Residential classifications within the six major rural villages. The Kodiak Island Borough Assembly hereby Ordains: That all of the land within the corporate limits of the villages of 1. Akhiok 2. Old Harbor 3. Larsen Bay 4. Ouzinkie 5. Port Lions Are hereby rezoned from Conservation to R -1 Single Family Residential. And that those lands within the village of Karluk depicted on Sheet No. 4 of the Kodiak Island Borough Zoning Map as R -1 are hereby rezoned from Conservation to R -1 Single Family Residential. PASSED AND APPROVED THIS 4/ DAY OF fi Quli , 1977. KODIAK ISLAND BOROUGH By tires. 6F� :0/ g 'ayor Pro- Ta:pore 'res • ng 1 cer ATTESSaT dFOLg k -Tr asurer FIRST READING AND APPROVAL DATE July 7 1977 SECOND READING, PUBLIC HEARING AND PASSAGE DATE: August 4, 1977 • Case No. 13 -008 Appendix Page 2 of 5 Public Hearing item / -13 P &Z October 17, 2012 WI '. o n, mi N M RAY ;� ' n It AR R. .S e +� x x ua 4671 ... " v CI 0� ,, Y __ N�R'PO,,��'Z yB L jv r _ g 000 . V **t 4.. O res/ ntia rf iofrasidehtiah =; AO O ,wit. 4 ���.{� 4 I " ��� iv T 2, - at E „�.0 c 15 4 1r ' \ I V* 1/43 it se .44 44 40, a. NI lk 4coli>lire 0 4 s tn if USS 310. US3, E E 0 Kodiak Island Borough - Ouzinkie: Proposed Future Land Use u O Mixed Use/Commercial/ Residential (� Conservation CI J Waterfront/Residentiai l agi c Industrial Kodialglsland Q Public Use /Religious W e IT BO R UGH - a compran p an upaato °•`�°•` Source: Kodiak Island Borough GIs. 2006 m 5 U Case No. 13 -008 Appendix Page 3 of 5 Public Hearing Item / -li _ P &Z October 17, 2012 I C \ ma c: ' + r t , 2. 1 t.( , f L. q i ,:v .if , q ., Ltliki . 4•,-4., Hi. 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' Case No. 13 -008 Appendix Page 4 of 5 Public Hearing Item 1 -6 P &Z October 17, 2012 CASE NUMBER DATE 12 -038 June, 2012 12 -036 May, 2012 12 -035 May 2012 12 -009 August 2011 12 -005 July 2011 12 -004 July 2011 12 -003 July 2011 11 -025 May 2011 10 -002 November 2010 9 -018 May 2009 9 -017 May 2009 9 -004 October 2009 8 -013 November 2008 8 -005 August 2008 Case No. 13 -008 Appendix Page 5 of 5 Kodiak Island Borough Planning & Zoning Commission Minutes October 17, 2012 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the October 17, 2012 regular meeting of the Planning and • Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Brent Watkins & Bill Kersch requested to be excused. Roll call was taken and commissioners present wee Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg. Excused was Brent Watkins and Bill Kersch. A quorum was established. COMMISSIONER VAHL MOVED to excuse Brent Watkins & Bill Kersch. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to add item 9 -B- Proposed Bylaw Amendment and approve the October 17, 2012 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the September 19, 2012 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 13 -009. Request a Parking Review, according to KIBC 17.175.050, to allow three (3) off - street parking spaces required in support of Lot 7A, Allman and Lalande Subdivision, to be located on Lot 9, Allman and Lalande Subdivision, a lot located within 600 feet of the subject parcel. The applicant is Scott Pillans. The locations are 1414 Mill Bay Road and 1411 Selig Street, and the zoning is B- Business. Lydick stated this parking review is an outgrowth of staffs decision to permit construction of a new building before the property owner had all of the zoning compliance review components in place. Staffs decision was based upon the perception that a new building, that lacked adequate on -site parking, was eminently more preferable than the continued presence of a dilapidated structure that ill- served the owner, or community. Staffs decision to proceed was a bet on the come, that is, that an appropriate alternative, in the form of an off -site 10/17/2012 P &Z Minutes Page 1 of 9 parking agreement, or a compromise, in the form of a parking variance, could be achieved in the future. The owner weighed his options, and has chosen the off -site, alternative parking agreement as the preferable option. Fifty six (56) public hearing notices were mailed on September 5, 2012. No notices have been returned either supporting or opposing this request. Staff is recommending that the Commission approve this alternative parking arrangement. COMMISSIONER VAHL MOVED to allow three (3) off- street parking spaces required in support of Lot 7A, Allman and LaLande Subdivision, to be located on Lot 9, Allman and LaLande Subdivision, a lot located within 600 feet of the subject parcel, per KIBC 17.175.050, and to approve the findings in the staff report dated October 5, 2012 as "Findings of Fact" for Case No. 13 -009. Public testimony was given by: Scott Pillans is support of his request. He said there is plenty of parking on lots around his business. He's made an agreement to rent 3 parking spaces which are located at 1411 Selig Street and it's vacant, flat, undeveloped property. Public hearing was closed: During discussion COMMISSIONER SCHMITT expressed concern with the agreement with Ms. Limchantha, particularly the addendum at the bottom that says that she reserves the right to cancel or terminate this agreement anytime without liability to her. That shoots the agreement full of holes. The code states it has to be a long term easement license or permit. She could cancel this at any point and that is not the kind of agreement the code requires. The commission asked Pillans if he would be willing to try to get a long term agreement, something that can't be revoked. COMMISSIONER VAHL stated definitions for long term vary throughout the code. Pillans said the bottom is his business and the upstairs will be residential so the parking during the day would be for business and the parking at night would be for the tenants after they are off work. He said he would talk to Ms. Limchantha to see if she would remove that addendum to terminate. COMMISSIONER SCHMITT MOVED to amend the motion to add a condition of approval that would require a written contract for 3 additional parking spaces for at least 1 year. ROLL CALL VOTE ON THE MOTION TO AMEND CARRIED UNANIMOUSLY CONDITION OF APPROVAL 1. Acquire a written contract for 3 additional parking spaces for at least 1 year. FINDINGS OF FACT I. The distance between the off-site parking and the use that is served is less than the maximum tolerance of 600 lineal feet. 2. The zoning district of the off -site parking and zoning district of the use that is being served is the same. ROLL CALL VOTE ON AMENDED MOTION CARRIED UNANIMOUSLY B) Case 13 -008. Request a rezone investigation, according to KIBC 17.205.030.B, to consider the rezoning of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from R1- Single - family Residential to UNC -Urban Neighborhood Commercial; and, 10/17/2012 P &Z Minutes Page 2 of 9 A Conditional Use Permit (CUP), according to K1BC 17.200, to consider a CUP for a Utility and Service Use in accordance with KIBC 17.100.040.F, by allowing a satellite communication ground station. The applicant is the Planning & Zoning Commission and the Agent is Mayor Dan Clarion of Port Lions. The location is 3712 Third Street, Ouzinkie, and the zoning is R1- Single- family Residential. Lydick stated this request for rezone and conditional use permit was initiated at the Commission's request, and underscores the Commission's position that most lands within the Kodiak Island Borough are indeed subject to the Borough's zoning ordinance. The rezone would provide the subject parcel with the appropriate zoning, and the conditional use permit would to accommodate the existing communications facility. The issues of appropriate zoning and use were originally brought to the attention of the department by a concerned citizen. The department's out -reach effort resulted in acknowledgement by the City of Ouzinkie of the zoning over - sight, and a subsequent request by the City for the Commission's intervention and resolution. Eighteen public hearing notices were mailed on September 5, 2012. One comment has been returned opposing the request. Staff is recommending the Commission forward a favorable recommendation for the rezone to the Assembly, and is recommending granting the request for a conditional use permit, with appropriate conditions of approval. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone according to KIBC 17.205.030.B, of Tract A, Lot 2, Block 17, Ouzinkie Townsite Subdivision from R1- Single - family Residential to UNC -Urban Neighborhood Commercial, and to adopt the findings of fact in the staff report dated October 5, 2012 as Findings of Fact for Rezone Case 13 -006. The public hearing was opened & closed: There was no public testimony. Discussion REZONE FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification fora Change or Amendment. A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood Commercial Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood Commercial Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B. Findings as to the Effect a Change o Amendment would have on the Objectives of the Comprehensive Plan, A rezone from the R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood Commercial Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R -1 Single Family Residential Zoning District to the UNC -Urban Neighborhood Commercial Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 10/17/2012 P &Z Minutes Page 3 of 9 - • KODIAK ISLAND BOROUGH k� : ,, ° y r ° !''' AGENDA STATEMENT t" a REGULAR MEETING OF: JANUARY 17, 2013 ITEM NO.: 14.A TITLE: APPEAL TO THE BOARD OF ADJUSTMENT — An appeal of the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Appeal Packet - Case No. 13 -015 APPROVAL FOR AGENDA /J SUMMARY STATEMENT: 17.225.070 Appeal hearing. A. The board of adjustment shall hold an appeal hearing on the appeal at its first regular meeting 30 days after the appeal record has been completed. 17.225.080 Decision. A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. The board of adjustment may make its own findings on factual issues, based upon the evidence in the record. B. Every decision of the board of adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the board of adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. C. The board of adjustment's decision affirming or reversing the decision of the commission shall be mailed to the parties to the appeal within 10 working days after the appeal decision and approval of findings of fact. RECOMMENDED MOTION: Move to affirm (in whole or in part) the Planning and Zoning Commission's decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). Note: If the Assembly fails to affirm, a motion to reverse is in order. OR RECOMMENDED MOTION: Move to reverse (in whole or in part) the Planning and Zoning Commission's decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). Kodiak Island Borough Page 1 of 1 IN THE BOARD OF ADJUSTMENT FOR THE KODIAK ISLAND BOROUGH WILLIAM WREN, an individual, Case No. 13 -015 Appellant, v. BRIEF OF INTERESTED PARTIES IN SUPPORT OF PLANNING AND PLANNING & ZONING COMMISSION, a ZONING COMMISSION governmental commission of Kodiak Island Borough, Alaska, Appellee. INTRODUCTION Todd Hiner and Cecile Hiner are neighboring property owners who will be adversely affected by Appellant's recreational RV park operations authorized under the conditional use permit approved by the Planning & Zoning Commission ( "Commission ") of the Kodiak Island Borough ( "MB" or "Borough ") on November 21, 2012. The Hiners are nevertheless submitting this brief in support of the Commission's decision because they believe the Commission acted reasonably and appropriately by approving the four stipulations included in the final permit and by declining to waive standard Borough Code requirements for RV parks. The Hiners respectfully urge the Board of Adjustment to approve the Commission's decision in its entirety. BACKGROUND On November 16, 2011, the Commission conducted an "after- the -fact review" of Appellant's unauthorized use of his 5 -acre property as a temporary logging camp with BRIEF OF INTERESTED PARTIES 1 Case No. 13 -015 travel /camping trailers. Staff Report, Appx., at 1 -2, in Assembly Regular Meeting Packet for Case No. 13 -015, at 181 -82 (Jan. 17, 2013) [hereafter "Packet "]. The Commission granted Appellant permission to continue such use, subject to the requirement that he obtain all other necessary after -the -fact permits —i.e., zoning compliance, ADEC wastewater, Fire Marshal, and building permit— within 6 months. Id. at 182. On July 27, 2012, the KIB Community Development Department ( "CDD ") issued a notice of violation ( "NOV ") and cease - and - desist order to Appellant because he had failed to obtain the required permits within the 6 -month timeframe. Appellant was nevertheless continuing to unlawfully operate the logging camp, and he was also advertising recreational RV spaces through a local realtor. See Staff Report, Appx., at 3 -7, in Packet, at 183 -87. Prompted by this enforcement action, on September 20, 2012, Appellant submitted to the CDD an application for a conditional use permit pursuant to the standards for a recreational RV park set forth in KIB Code Chapter 17.165 and the procedures for a conditional use permit set forth in Chapter 17.200. See Conditional Use Permit Application, in Packet, at 164 -69. CDD staff recommended approval of the conditional use permit, subject to the following seven Proposed Stipulations: 1. The applicant is limited to a two -year timeframe (from the date of the decision) for the completion of the phased development. 2. The applicant is prohibited from letting out any RV space without first presenting all required documentation and permits, and obtaining a zoning compliance permit. 3. The applicant must present a legible park plan that details the specifications for development as listed in KIBC 17.165.040 with the requested zoning compliance. 4. The Commission waives the requirement for a separate shower and toilet facility. BRIEF OF INTERESTED PARTIES 2 Case No. 13 -015 5. The applicant, and assigns, is prohibited to let out any RV space to any unit which is not a fully functioning self- contained unit. A self- contained unit is one which provides shower and toilet facilities supplied with running hot and cold water. 6. The Commission waives the requirement for a 50% sight- obscuring fence, a minimum of six -feet in height, to be erected along the property lines. 7. The applicant is prohibited from re- establishing any permitted industrial use on the property so long as the residential use exists. See Staff Report, in Packet, at 179 (footnote omitted; emphasis in original). The Commission considered the permit application at a public hearing on November 21, 2012. See Commission Minutes (Nov. 21, 2012), in Packet, at 196 -99. After extensive discussion and public testimony, the Commission voted to delete Proposed Stipulations 4, 5, and 6 and then approved the conditional use permit subject to the four remaining stipulations. See id. at 199. Appellant is now asking the Board of Adjustment to eliminate from the final permit Stipulation 2 (precluding operations until a zoning compliance permit is in place) and Stipulation 4 (precluding industrial use at the same site as the RV park), and to override the Commission's decision not to grant waivers of the standard Borough Code requirements for RV parks relating to toilet and shower facilities and screening. See Appeal Applic., in Packet, at 148 -52. Todd Hiner and Cecile Hiner were sent written notice of this appeal on January 4, 2013 because they own the property adjacent to Appellant's parcel, surrounding it on two sides. Accordingly, the Hiners are authorized to submit written argument in this appeal. See KIB Code §§ 17.225.030(B), .060. Moreover, the Hiners have a strong interest in the outcome of this appeal because the noise, waste, pollution, and aesthetic degradation BRIEF OF INTERESTED PARTIES 3 Case No. 13 -015 associated with RV park operations will diminish the tranquility and natural setting of the Middle Bay area, adversely affect the Hiners' quality of life, and interfere with their longstanding use and enjoyment of their property. Despite their concerns about the adverse impact of RV park operations, the Hiners are writing in support of the Commission's decision. For the reasons discussed below, the Commission acted reasonably in approving the four final stipulations and declining to waive standard Borough Code requirements concerning mixed industrial and residential use, toilet and shower facilities, and screening for RV parks. These are all important measures designed to mitigate adverse impacts on neighboring properly owners, protect public health and welfare, and ensure compliance with permitting requirements. Such measures are especially appropriate in light of Appellant's history of unlawful operations. Accordingly, the Hiners respectfully urge the Board of Adjustment to approve the Commission's decision in its entirety. ARGUMENT 1. The Planning & Zoning Commission Properly Included a Prohibition Against Incompatible Residential and Industrial Uses in the Conditional Use Permit. Appellant has applied for, and the Commission has approved, a conditional use permit authorizing an RV park that will be open to the general public for recreational purposes. Indeed, this conditional use permit was approved under Chapter 17.165 of the Borough Code, which defines the term "recreational vehicle park" to mean "a tract of land upon which at least 10 or more recreational vehicle spaces are located, established, or maintained for occupancy by recreational vehicles for the general public." KTB Code § 17.165.020 BRIEF OF INTERESTED PARTIES 4 Case No. 13 -015 (emphasis added). Moreover, in his appeal, Appellant emphasizes that his proposed RV park "would promote tourism." Appeal Applic., in Packet, at 151. As Appellant acknowledged at the public hearing on November 21, 2012, however, he is simultaneously seeking permits to undertake a sewage sludge composting operation on the same 5 -acre parcel as the RV park. See Commission Minutes, in Packet, at 197. That operation would involve the transportation, treatment, handling, and storage of all of the sewage sludge generated by the City of Kodiak in an open -air, unlined facility. As discussed in more detail in our comments on that proposal (attached as Exhibit A and incorporated herein by reference), the City's sewage sludge contains numerous human pathogens, heavy metals, and other toxic materials. The proposed sewage composting facility thus presents a serious threat to public health and the surrounding environment. This is especially true in light of the inadequate design of the proposed facility, which would allow disease- causing bacteria and toxic materials easily to escape into the air, soil, surface water, and groundwater. In order to accommodate the sewage composting facility, Appellant has urged the Commission and this Board of Adjustment to eliminate Stipulation 4 from his conditional use permit, which prohibits him from engaging in "any permitted industrial use on the property so long as the residential use exists." See Appeal Applic., in Packet, at 149 (discussing Letter from S. Smith, CDD, to W. Wren (Nov. 28, 2012), in Packet, at 159). The Commission's decision to include this stipulation is well - founded, however, under both the applicable law and the factual circumstances. BRIEF OF INTERESTED PARTIES 5 Case No. 13 -015 The Borough Code provides that industrial uses "are not properly associated nor compatible with residential land uses." KIB Code § 17.105.005. Appellant is essentially requesting a variance from this general prohibition against residential and industrial uses occurring at the same site.' However, the Commission "shall deny" a variance where it cannot make a finding that "the granting of the variance will not ... be detrimental to the public's health, safety or general welfare." Id. § 17.195.050(A)(3), (B). The Commission could not reasonably have made a finding that the granting of the requested variance would not "be detrimental to the public's health, safety or general welfare." Id. § 17.195.050(A)(3). On the contrary, there would be substantial public health hazards associated with allowing tourists and other members of the general public to engage in recreational activities in close proximity to large stockpiles of hundreds of thousands of pounds of sewage sludge exposed to the wind and rain, and moved around the facility through ongoing loading, unloading, mixing, treatment, and other large -scale industrial activities. Given the clear incompatibility of these two types of enterprises, Martin Lydick, Associate Planner with the CDD, appropriately emphasized at the public hearing the "paramount importance of segregating industrial uses from residential uses" at this site. Commission Minutes, in Packet, at 197. Lydick further explained that "basically staff is recommending approval of the RV park with the proviso that the property owner give up the Notably, Chapter 17.120, governing Light Industrial uses —such as automobile service stations, beauty shops, and grocery stores — authorizes, at most, the inclusion of a single "dwelling unit used by the owner or by a caretaker, manager, and family when located on the premises where they are employed in such a capacity." KIB Code § 17.120.020(H). See Comments of M. Lydick, Commission Minutes, in Packet, at 198. ' BRIEF OF INTERESTED PARTIES Case No. 13 -015 composting ... what we are asking is that the property owner commit; one use or the other." Id. at 198. The Commission could not make the necessary finding that the requested variance from the general prohibition against co- location of residential and industrial uses would pose no threat to public health, safety, or welfare. Consequently, the Commission properly fulfilled its duty to deny the variance by including Stipulation 4 in the final permit. 2. The Planning & Zoning Commission Properly Required Appellant to Obtain a Zoning Compliance Permit Before Engaging in Any Further RV Park Activities. The Commission has also included in the conditional use permit a stipulation prohibiting Appellant from "letting out any RV space without first presenting all required documentation and permits." Letter from S. Smith, CDD, to W. Wren (Nov. 28, 2012) (Stipulation 2), in Packet, at 159. While the Borough may have deviated from this standard procedure on some occasions, Appellant has a history of proceeding with commercial and industrial activities at his property in an unlawful manner and without regard for applicable permitting requirements. This has necessitated after- the -fact permitting, and it led to the issuance of an NOV and cease -and- desist order last July. See Letter from J. Maker, Code Enforcement Officer, in Packet, at 183 -87. Under these circumstances, it is eminently reasonable and appropriate for the Borough to insist on the completion of all permitting requirements before Appellant resumes or expands his RV Park operations. Indeed, not doing so in these circumstances would undercut the integrity of the conditional use permitting process. BRIEF OF INTERESTED PARTIES 7 Case No. 13 -015 3. The Planning & Zoning Commission Properly Included Requirements for Toilet and Shower Facilities and Screening in the Conditional Use Permit. Appellant has also sought variances from Borough Code requirements for adequate toilet and shower facilities, KIB Code § 17.165.040(I), and adequate screening, id. § 17.165.040(1-1). While the CDD initially recommended approval of these variances, after considering them carefully, the Commission eliminated them. With respect to the toilet and shower facilities, an important factor discussed at the public hearing on November 21, 2012 was that Appellant had provided documentation showing that water and sewer facilities were installed at the site in 1981, but he had submitted no evidence showing whether they are functional now. See Commission Minutes, in Packet, at 198. Additionally, in response to an inquiry from Commissioner Schmitt, CDD staff member Lydick confirmed that, following the issuance of a conditional use permit, the Borough would have no authority to inspect or certify the adequacy of the water and sewer system. Id. at 198 -99. The discussion also focused on the possibility of an effluent overflow creating a "pretty bad situation" if the sewer system is put into use while not functioning properly. Id. at 199. In Light of the uncertainty about the functionality of the water and sewer facilities and the health risks associated with a potential sewage overflow, the Commission could not reasonably have made the necessary finding that the variance would not "be detrimental to the public's health, safety or general welfare." KIB Code § 17.195.050(A)(3). By eliminating Proposed Stipulation 4, the Commission has fulfilled its legal obligation to deny BRIEF OF INTERESTED PARTIES 8 Case No. 13 -015 the variance and retain the standard Code provisions relating to toilet wer facilities at RV parks. The Commission also acted reasonably in retaining the screening and requ Local property owners, organic farmers, and people engaged in sport fishing, subsistence, wildlife viewing, and other uses and enjoyment of the area will be disturbed by the comings and goings of tourists and other RV park patrons and by the associated noise, waste, pollution, aesthetic degradation, and other impacts. While CDD staff initially suggested that natural vegetation may provide a barrier between Appellant's property and the adjacent Hiner proper see i d., this is not accurate. In most areas, especially along the scenic shoreline cherished by local residents and visitors, the vegetation consists of low grasses and brush that will provide no barrier to the noise and aesthetic degradation that will result from an RV park, as shown in the photos below: a %, x x. a �6 Y .P` .... Th , - :rV z ; £ c um a , . v ��� M ` l; b .�' * fY t i , - v. Photo 1: View from Hiner Property on Wren Property to the East BRIEF OF INTERESTED PARTIES 9 Case No. 13 -015 T +"a'4 r Y i f y` s { T ." n„,' m `fit "",- - t � y rk,y" i p i h w r e at t { " ' 6 .� F I i IAA .i ah Photo 2: View from Edge of Wren Property onto Hiner Property to the West Since the Commission could not reasonably have made a finding that the requested variance would not be detrimental to public welfare, it has fulfilled its obligation to deny the variance by eliminating Proposed Stipulation 6 and retaining the standard Code requirements pertaining to screening. 4. Appellant's Characterization of the Access Road Easement and Water Rights Are Inaccurate and Do Not Support His Appeal. In support of his appeal, Appellant has submitted a letter arguing that his private property rights relating to road access and water rights are sufficient to support large -scale industrial activity, such as his proposed sewage composting facility. See Letter from W. Wren to B. Blankenburg, ADEC (Dec. 3, 2012), in Packet, at 153 -57. While this letter is not directly relevant for this appeal concerning the Commission's approval of certain stipulations BRIEF OF INTERESTED PARTIES 10 Case No. 13 -015 in a permit for a recreational RV park, the Hiners nevertheless wish to set the record straight concerning some of the contentions in the letter. Appellant's deed for his 5 -acre parcel grants him "[t]he right of ingress and egress over and upon and across the present roadway now in existence and located on U.S. Survey 2735 from the Chiniak Road ...." Stat. Warranty Deed, Bk. 22D, P. 342 (Jan. 21, 1970), in Packet, at 157. The deed also cross - references a survey, which similarly notes that "[a]ccess to Tract `A,' across U.S.S.. 2735 shall be over existing roadway as shown on attached plat ... ." U.S. Survey 2735 Tract A (approved by Borough Assembly Jan. 5, 1970). At the time the easement was created in 1970, the roadway was a narrow, single -lane dirt road, and it has remained that way to the present day. The Hiners dispute Appellant's contention that it has ever been a two -lane road, and they dispute Appellant's argument that he has a right to expand the access road to a width of 60 feet. In addition, Appellant's deed does not grant him the right to unilaterally modify the access road to accommodate any and all possible industrial uses. One reason is that the creation of the easement predates the zoning of the parcel for Industrial use. At the time the easement was created in 1970, the parcel was zoned for Conservation, and it was being used for a moderate level of seafood processing activities that could be accomplished with a single -lane dirt access road. It was this particular activity that provided the basis for the original scope of the easement. The parcel was not re -zoned for Industrial use until four years later in 1974. See KIB Ord. No. 74 -24 -0, AN ORDINANCE of THE KODIAK ISLAND BRIEF OF INTERESTED PARTIES 11 Case No 13 -015 BOROUGH ASSEMBLY REZONING TRACT "A" OF U.S. SURVEY 2735 FROM CONSERVATION TO INDUSTRIAL —MIDDLE BAY FISHERIES (effective July 18, 1974). Furthermore, Appellant has no grounds for arguing that the easement has been altered by the mutual agreement of the private property owners in a manner that expands its scope. The access road has not been used for seafood processing activities or any other industrial uses for over 30 years. If anything, the low level of use over the past several decades may warrant an inference that the parties have mutually agreed to a less intensive use than the seafood processing activities that took place during the 1970s. With respect to water usage, Appellant's deed granted him "an easement to construct, use and maintain a water line from the source or location of the water supply as designated by the State of Alaska in Certificate of Appropriation No. 18 issued to HARRY FELTON ...." Deed, in Packet, at 157. These water rights, however, have been forfeited due to lack of use. Under Alaska law, if the holder of water rights fails to use the water for more than five successive years, he forfeits those rights. See AS §' 46.15.140. According to the records of the Alaska Department of Natural Resources, as of 1997, Appellant's water rights had not been in use "for over 20 years." ADNR Case Abstract, File ADL -39813 (last visited Jan. 15, 2013). Now that we have reached 2013, Appellant and his predecessors in interest have not been using these water rights for over 36 years. Thus, there is no question that the water rights have been forfeited. In any event, the certificate referenced in the deed authorizes the use of surface water from the American River, not groundwater from the well on the Hiners' property. See id. BRIEF OF INTERESTED PARTIES 12 Case No. 13 -015 Appellant also quotes language included in the.Hiners' deed (referencing an earlier August 6, 1970 deed), which notes "[t]he continuing right in Grantees to use 2 CFS of public waters per day for any manufacturing or processing purpose accomplished upon the said Tract A" and, in the same sentence, refers to Certificate of Appropriation No. 18. See Stat. Warranty Deed, Bk. 146, P. 914 (Nov. 6, 1996). Regardless of whether the source of the "2 CFS of public waters " was the well on the Hiners' property or the American River, it is clear that Appellant and his predecessors in interest have not been using anywhere near this quantity of water for the past several decades. In Alaska, the holder of water rights forfeits his right to "the unused quantity of water" when he fails to use those rights for more than five successive years. AS § 46.15.140. CONCLUSION For the foregoing reasons, the Hiners respectfully request that this Board APPROVE the Commission's decision in Case No. 13 -015 in its entirety. /// /// /// 2 Two cubic feet per second ( "CFS ") is the equivalent of approximately 1.29 million gallons per day. BRIEF OF INTERESTED PARTIES 13 Case No. 13 -015 Respectfully submitted, DATED: January 16, 2013 BESSENYEY & VAN TUYN, LLC By: � Teresa B. Clemmer, Alaska Bar No. 0111059 BESSENYEY & VAN TUYN, LLC 310 K Street, Suite 200 Anchorage, Alaska 99501 Phone: (907) 278 -2000 Fax: (907) 278 -2004 Email: teresa @bvt- law.com Counsel for Interested Parties Todd Hiner and Cecile Hiner BRIEF OF INTERESTED PARTIES 14 Case No. 13 -015 CERTIFICATE OF SERVICE 1 certify that a true and accurate copy of the foregoing was served, via U.S. Mail and email, on January 16, 2013 to: Nora Javier, Borough Clerk Alan Torres, Chair Office of the Borough Clerk Planning & Zoning Commission Kodiak Island Borough Kodiak Island Borough 710 Mill Bay Road 710 Mill Bay Road Kodiak, AK 99615 Kodiak, AK 99615 njavier @kodiakak.us arjj.torres @yahoo.com Sheila Smith, Secretary William Wren Community Development Department P.O. Box 8284 Kodiak Island Borough Kodiak, AK 99615 710 Mill Bay Road billwren @hotmail.com Kodiak, AK 99615 ssmith @kodiakak.us Cheryl Brooking, Borough Attorney Wohlforth, Brecht, Cartledge & Br000king 900 West 5` Ave., Suite 600 Anchorage, AK 99501 -2048 cbrooking@akatty.com Cl 400 Teresa B. Clemmer BRIEF OF INTERESTED PARTIES 15 Case No. 13 -015 5essen & Van Tu L.C. L 5 I o K Street, Suite 200, Anchorage, Alaska 99501 Phone: (907) 278 -2000, Pax: (907) 278 -2004, Web: www.bvt- iaw.com November 27, 2012 Via U.S. Mail and E -Mail to: Bob Blankenburg, P.E. Jerome M. Selby Solid Waste Program Manager Mayor Alaska Department of Environmental Kodiak Island Borough Conservation P.O. Box 1962 555 Cordova Street Kodiak, AK 99615 Anchorage, AK 99501 jerome.selby @kibassembly.org bob.blankenburg @alaska.gov Re: Request for Extension of Deadlines; Request for Public Hearing; and Preliminary Public Comments on Proposed Sewage Sludge Composting Facility in Middle Bay, Kodiak, AK, ADEC Proposed Solid Waste Treatment Permit No. SWXA058 -17 Dear Mr. Blankenburg and Mayor Selby: We have recently been retained as counsel for Todd Hiner, Cecile Hiner, and Marilyn Guilmet, who own property adjacent to the site of a proposed Sewage Sludge Composting Facility in Middle Bay, Kodiak Island, Alaska ( "Facility "). On their behalf, we are writing to express concern about what appears to be an expedited governmental approval process for an ill- conceived and inadequately designed project. Our clients have very serious concerns because the proposed Facility poses a significant threat to our clients' health, drinking water, property, and quality of life and, in the case of Ms. Guilmet, to her livelihood. This project also has the potential to cause substantial harm to the groundwater, anadromous streams, wetlands, estuaries, and tidal waters surrounding the proposed Facility, which are home to sensitive populations of salmon, cormorants, kittiwakes, sea otters, and other wildlife. None of these impacts have been adequately analyzed to date. We respectfully request that the Alaska Department of Environmental Conservation ( "ADEC ") extend the comment deadline on its proposed Solid Waste Treatment Permit No. SWXA058 -17 for at least 60 days, i.e., until February 4, 2013 or later. We also ask ADEC to schedule a public hearing during the comment period to allow for greater public input on the many issues raised by the proposed Facility and to facilitate better inter- agency understanding and coordination concerning the various permits and approvals needed for this project. Moreover, in light of the strong public interest in avoiding long- term adverse impacts resulting from a hastily approved sewage treatment facility at Middle Bay, we respectfully urge the Kodiak Island Borough ( "Borough ") to extend the December 15, 2012 deadline it has set for transferring responsibility for sewage sludge management to the City of Kodiak for at least 6 months, i.e., until June 14, 2013 or later. I. Background In 2007, the City of Kodiak and the Kodiak Island Borough entered into a Memorandum of Agreement ( "MOA ") concerning the disposal of sewage sludge generated by the City's wastewater treatment plant.' Under the MOA, the Borough agreed to accept sludge until operations at the landfill precluded the Borough's ability to continue accepting the sludge, in which case the Borough would provide the City with a minimum of six months advance notice of the need to make alternate arrangements for sewage sludge disposal. The MOA also provided that, in the interim, the City would "pursue alternative options for sewage sludge disposal. " The City of Kodiak has been evaluating potential long -term disposal options for sewage sludge since 2008. The City commissioned the environmental consulting firm CH2MHi11 to conduct a sludge disposal study and a composting pilot project, which were completed between 2008 and 2010. In its final report, CH2MHill concluded that Gibson Cove would be "well suited to hosting a composting facility" and, "[b]ased on a field review and discussions with City personnel, the Gibson Cove site was tentatively selected as a host property and was used as the basis for this conceptual design. " Some of the reasons for the selection of Gibson Cove were that "[t]he area is currently used for industrial activities," "has appropriate utility services," and "is well removed from residential development and other sensitive receptors." Gibson Cove is located at milepost 2.1 of the Chiniak Highway, at the western end of the City of Kodiak. 'City of Kodiak - Kodiak Island Borough, Memorandum of Agreement (Aug. 14, 2007). 2 Id. 3 Id. 4 City of Kodiak, Minutes of the Regular Council Meeting, at 7621 (Oct. 25, 2012). 5 Id. See City of Kodiak, Biosolids Composting Pilot Test: Final Summary Report and Technical Memorandums (April 2010) (prepared by CH2MHill). 6 City of Kodiak, Kodiak Biosolids Composting Facility: Facility Conceptual Design and Cost Estimate, Technical Memorandum 3, at 1, 2 (April 30, 2010) (prepared by CH2MHill). 1d. at 1. -2- According to the CH2MHi11 report, the City's sewage composting facility should have a "minimum design life of 20 years" for the "major components of the facility, including buildings. " Secondary components could have shorter lifespans, such as mobile equipment which "can be expected to have a lifespan of 5 to 10 years. " CH2MHil1 further recommended the construction of a facility including "five discrete cast -in -place concrete `bunkers ' with back and side walls 12 feet high, each with enough capacity to hold one week's worth of biosolids and associated amendment mixture. Other features of the recommended facility were systems for corrosion protection, worker safety, and odor management because of the ammonia and other toxic and corrosive gases emitted by feedstocks and leachates, as well as systems designed to prevent problems associated with vermin, pathogens, and stormwater runoff.' CH2MHilI further advised that the entire composting facility, including these five bunkers, should be "completely enclosed within a building," except for a small outdoor area for storage of the final compost product on an asphalt pad covered by a wooden roof structure. The cost of constructing a facility in accordance with these recommendations was estimated to be approximately $4.5 million. The City of Kodiak has been engaged in discussions with Quayanna Development Corporation ( "QDC ") concerning potential sewage sludge disposal options since September 2010. In June 2012, the Kodiak Island Borough sent the City a formal notification that it would be unable to accept sewage sludge at the Borough landfill after December 15, 2012. In October 2012, the City of Kodiak entered into a Composting Agreement with QDC. The Composting Agreement does not specify Gibson Cove, Middle Bay, or any other particular location for the composting facility. Instead, the term "Site" is defined generally to mean "real property located within 25 road miles of the City's Wastewater Treatment facility and designated by QDC from time to time and approved by ADEC and other regulatory authorities for the composting of Bio- solids under this Agreement. " The agreement requires QDC to proceed with "due diligence" to obtain all necessary permits and authorizations. If QDC is unsuccessful in doing so 8 Id. at 2. 9 Id. at5. 10 Id. at 7. 1 1 Id. at 5. 12 Id. at 6, 15 -17. 13 M. at 7. 14 Id. at 19. 15 City of Kodiak, Minutes of the Regular Council Meeting, at 7621 (Oct. 25, 2012). 16 Letter from R. Gifford, Kodiak Island Borough, to A. Kniaziowski, City of Kodiak (June 5, 2012). See id. "City of Kodiak. Composting Agreement, Contract No. 205796 (Oct. 30, 2012). 18 Id. at 2. 19 Id. at 2. -3- by December 15, 2012, the Agreement will terminate automatically with no liability or penalty for either QDC or the City. On October 30, 2012, ADEC issued a public notice concerning a solid waste permit application submitted by QDC for a proposed sewage composting facility in Middle Bay. The Facility is proposed to be located on a five -acre parcel of land at milepost 21 of the Chiniak Highway, approximately 20 miles south of the City of Kodiak. This parcel is being leased to QDC by landowner William Wren. The Wren parcel is adjacent to Middle Bay tidelands, property owned by Lesnoi, Inc. (an Alaska Native village corporation), and private property owned by Todd and Cecile Hiner. Currently, its only land access route is directly through the Hiner property. It is also very close to a neighboring property owned by Marilyn Guilmet, which she uses for organic farming purposes. Our clients first learned that the City's proposed composting facility might be constructed in Middle Bay, Alaska in late October 2012. They were not informed of the City's negotiations with QDC at any time prior to the execution of the Composting Agreement. Until very recently, their understanding was that the City's new sewage sludge facility was likely to be constructed at Gibson Cove. After learning of QDC's interest in constructing the Facility in Middle Bay, our clients repeatedly asked the City for copies of QDC's operation plans and other key documents, but the City refused to provide copies of these public documents and referred our clients to QDC. In addition, ADEC failed to include with its public notice any link to the permit application, operations plan, or other key documents. After persistent requests by concerned citizens and consultation with ADEC management, ADEC finally posted these materials on its website on November 9, 2012. We are still in the process of analyzing the QDC solid waste permit application, and we plan to submit supplemental public comments on the proposed facility under separate cover. Our preliminary review indicates that the proposed Facility discussed in QDC's solid waste permit application bears no resemblance to the design and features of the sewage composting facility recommended by CH2MHiII. Instead of constructing a series of five concrete bunkers with 12 -foot high walls, completely enclosed within a building, and having a useful life of at least 20 years, QDC is proposing to construct a series of open -air stockpiles with permeable unlined gravel floors, 5 -foot pony walls (half - walls) on three sides, and temporary fabric covers. Moreover, QDC's facility designs are hand - drawn in pen and ink, and none are drawn to scale, making it difficult to analyze the sufficiency of the proposed Facility design. Furthermore, as a result of the change in location from Gibson Cove to Middle Bay, the Facility would now be built in an area 20 Id. 21 ADEC, Proposal to Issue a Solid Waste Treatment Permit to Quayanna Development Corporation to Operate a Sewage Sludge Composting Facility in Kodiak, Alaska, Permit No. SWXA058 (Oct. 31, 2012). -4- with neighboring residences and an organic farm, surrounded by sensitive wildlife and aquatic receptors, and on a plot that has not been used for industrial purposes in decades. As we will discuss in more detail in our supplemental comments, we believe this proposal is a wholly inadequate means of managing solid waste, and it is likely to result in serious adverse effects on neighboring landowners and the surrounding environment. II. Inaccurate Representations Regarding Driveway Easement and Water Access In the permit application, QDC acknowledges that the sole water source for the proposed Facility is an artesian well that is connected to the Wren property via a 1 ,200 -foot long pipe, and that "[t]he intake of the pipe is located on an adjacent upland lot ... " This statement is misleading because it suggests that there is a reliable and available source of water to support the operations of a new industrial sewage composting facility. Our research to date has not disclosed any right that QDC or Mr. Wren may have to water from that artesian aquifer, and their use of the above- ground pipe is entirely at the discretion of our clients, Todd and Cecile Hiner, on whose land the artesian well is located. Our clients have no obligation to allow Mr. Wren or QDC to utilize water from their well, and they have no intention of continuing to provide water to Mr. Wren's property if the property is to be used for a sewage composting facility. Similarly, the only means of access to the Wren property is through a 2,000 -foot single - lane gravel driveway crossing the property owned by Todd and Cecile Hiner. QDC's permit application fails to mention that, in order to safely accommodate daily truck traffic containing large loads of sewage sludge from the City's wastewater treatment facility, the driveway would need to be expanded and upgraded substantially. Indeed, QDC has already begun making unauthorized modifications to the access road by destroying a cattle guard without obtaining permission from the Hiners. Our research to date shows that the proposed industrial use of the driveway, and the accompanying expansion and upgrades that would be necessary, greatly exceed the scope of the current driveway easement. Our clients have no obligation or intention to authorize this dramatic change in use nor any expansion or modification of the driveway. In addition, the Alaska Department of Fish & Game ( "ADF &G ") has already asked our clients to remove the culvert bridge in the existing driveway because it may be impeding the natural flow of an anadromous stream. Our clients are in the process of determining the best means for doing so, consistent with requirements of ADF &G and possibly the U.S. Army Corps of Engineers. As a result, this access route will temporarily, and possibly even permanently, be cut off. In any case, QDC cannot rely on the existing driveway in its current state for the daily transport of large truckloads of sewage sludge from the City's wastewater treatment facility. 22 QDC, Composting Permit Application Cover Letter, at 3 (Oct. 10, 2012). 23 1d. at 2. -5- III. Inconsistency with Kodiak Island Borough Comprehensive Plan While the Wren parcel was at one time used for fish canning, it has not been used for that or any other industrial activity for more than thirty years. Moreover, with the exception of the five -acre Wren parcel, the entire upland area surrounding Middle Bay is now zoned for "conservation" uses. The Borough's conservation zoning district was "established for the purpose of maintaining open space areas while providing for single - family residential, and limited commercial land uses," and the "specific intentions of this chapter" include "encourag[ing] the discontinuance of existing uses that are not permitted under the provisions of this chapter. " In its Comprehensive Plan Update finalized in January 2008, the Borough explained that "[m]ost land adjacent to the road system and outside cities and unincorporated communities is recommended to continue to be zoned for conservation use. " Consistent with this recommendation, the Comprehensive Plan map depicting "Proposed Future Land Use" for the Middle Bay area shows the Wren parcel being designated as "conservation" land in conformity with the designation of the surrounding area. The Borough also lists among its "Implementation Actions" for the Comprehensive Plan the need to "[p]eriodically review adopted zoning districts to ensure that they are appropriate and focused on the needs and direction provided by the Comprehensive Plan.s In short, the current zoning of the Wren parcel as "industrial" is a remnant of the historical use of the site decades ago that now conflicts with the surrounding zoning designation for conservation purposes. In its Comprehensive Plan, the Borough has expressed an intention to update its zoning code to eliminate such conflicts and discontinue inconsistent uses. It would be directly contrary to this intent to authorize the construction of a new industrial facility on the Wren parcel in Middle Bay. Extending the Borough's December 15, 2012 deadline for the City to take responsibility for its solid waste disposal would allow time for the City to investigate more viable options, and it would allow the Borough to address the conflict between this proposed use and its Comprehensive Plan. 24 See Kodiak Island Borough, Comprehensive Plan Update, Ch. 4, at 24, Fig. 4.12 (Jan. 2008); Kodiak Island Borough GIS Website, http: / /www.arcgi.s.com/explorer/ ?open =l ca27d82be614e34886b4a22003fedd4 (last visited Nov. 25, 2012). 25 Kodiak Island Borough Code, Ch. 17.50 (C —Conservation District), § 17.50.010. 26 Kodiak Island Borough, Comprehensive Plan Update, Ch. 4, at 11 (Jan. 2008). 27 Id., Ch. 4, at 24, Fig. 4.12. 28 Id., Ch. 4, at 31. -6- IV. Additional Permits Needed The Borough's decision to zone the Middle Bay area for conservation purposes is well - founded. The area is home to the American River and numerous other salmon streams, as well as tidelands, estuaries, and wetlands that are home to an abundant population of seabirds and other wildlife. The abundance of wildlife and healthy ecosystems in Middle Bay are very important to our clients' quality of life and enjoyment of their property. These considerations will be important in triggering and guiding the analysis required as part of several other State and federal permitting 'requirements that, to our knowledge, have not yet been initiated in connection with the proposed Facility. According to the Alaska Department of Fish & Game ( "ADF &G "), the American River and its tributaries are home to several species of anadromous fish, including Chinook (King) Salmon, Coho (Silver) Salmon, Chum Salmon, and Dolly Varden Trout. One of these tributaries — determined by ADF &G to be an anadromous stream and rearing habitat for Coho Salmon 31 — crosses the Hiner property and runs near the border of the Wren parcel within roughly 800 to 1000 feet of the site for the proposed Facility. In addition, according to the U.S. Fish and Wildlife Service ( "USF &WS "), "[t]he Kodiak Archipelago is home to high numbers of breeding seabirds ... " Surveys conducted in 2009 showed that the East Kodiak area is home to nesting populations of the Black - legged Kittiwake, Glaucous- winged Gull, Pelagic Cormorant, Red -faced Cormorant, and Double - crested Cormorant. In addition; more than ten thousand individual birds of other species were observed in the area, including the Aleutian Tern, Arctic Tern, Common Murre, Tufted Puffin, Horned Puffin, Pigeon Guillemot, and Black Oystercatcher. Ten of these twelve species (all but the two puffins) are listed in ADF &G's Wildlife Action Plan as being among those species with the greatest 29 In 2007, the Alaska Department of Fish & Game expanded its king salmon enhancement program to include the American River and Olds River, and "[ainglers can now expect at least several hundred kings returning to these drainages each year." ADF &G, Southcentral Alaska Recreational Fishing Series: Kodiak, http: / /www.adfg.alaska.gov/ static- sf /Region2 /pdfpubs /kodiak.pdf (last visited Nov. 25, 2012). 3° ADF &G, Catalog of Waters Important for Spawning, Rearing, or Migration of Anadromous Fishes — Southwestern Region, at 79 (June 1, 2012), http://www.adfg.alaska.gov/static- sf /AWC /PDFs /2012swt CATALOG.pdf (last visited Nov. 25, 2012). 31 Id.; ADF &G, 2012 Regulatory Atlas Map, Southwest Region, Kodiak 250, C -2, 259-23- 10010 -3001- 4004 http: / /gis.sf.adfg. state. ak. us / FlexMaps / fishresourcemonitor .html`hnode =awc (last visited Nov. 25, 2012). 32 USF &WS, Seabird Colony Survey: Kodiak Archipelago Sea Bird Colony Data 1975 -2011, hnp: / /www.fws.gov /refuge /Kodiak /what we do /science /avian research /colony survey.html (last visited Nov. 25, 2012). 33 1d 3° Id. -7- conservation need. Endangered and threatened species, as well as candidates for such listing, are also present in the area. Furthermore, according to the USF &WS National Wetlands Inventory, the Wren property is sandwiched between the estuarine and marine wetlands along the Middle Bay shoreline to the north, and freshwater emergent wetlands extending across a large swath of the Hiner property to the south, including several hundred yards of the existing driveway. Numerous other wetland areas are also present in other areas of the American River - Middle Bay watershed. In light of the presence of these sensitive fish populations and aquatic resources, even assuming QDC did have the right to modify access to the Wren property (which it does not), QDC would be required to obtain additional federal and State permits before modifying the Hiners' existing driveway and culvert bridge, such as a Fish Habitat permit from ADF &G, a driveway permit from the Alaska Department of Transportation and Public Facilities, 39 and a wetlands dredge- and -fill permit from the U.S. Army Corps of Engineers. The latter would involve environmental review under the National Environmental Policy Act and various other interagency consultations and approvals. Since the construction of the proposed Facility appears likely to involve the disturbance of one or more acres of land and has the potential to discharge stormwater runoff into waters of the United States, QDC will need to comply with stormwater permitting requirements by submitting a Notice of Intent for coverage under the Construction General Permit ( "CGP ") and preparing an adequate stormwater pollution prevention plan ( "SWPPP "). In addition, because the proposed Facility involves open -air, unlined structures with temporary fabric covers for the treatment and storage of sewage sludge, there is no doubt that the ongoing operation of the Facility will generate stormwater runoff through exposure of the sewage sludge and compost piles to rain, snow, wind, 35 ADF &G, Our Wealth Maintained: A Strategy for Conserving Alaska's Diverse Wildlife and Fish Resources (April 2006), http: / /www.adfa.alaska. gov / index.cfm ?adfe= species.wapabout (last visited Nov. 25, 2012), including Appendix 7: Nominee Species List, at 12 -24 (birds), http: / /www.adfg.alaska.gov /static /species /wildlife action plan /appendix7.pdf (last visited Nov. 25, 2012). 36 See USF &WS, Listed and Candidate Species in Alaska, , http: / /alaska.fws.gov /fisheries /endangered /species.htm (last visited Nov. 25, 2012). 37 USF &WS, National Wetlands Inventory, http:/ /www.fws.gov /wetlands/Wetlands- Mapper.html (last visited Nov. 25, 2012). 38 AS 16.05.871(6). 39 See ADOT &PF E- Permits, http: / /www. dot. state .ak.us /permits /index.shtml (last visited Nov. 25, 2012). 4p 33 U.S.C. §§ 1311(a), 1344(a). 41 See U.S. Army Corps of Engineers, Alaska District, http: / /www.poa.usace.army.mil /Missions /Regulatory /Permits.aspx (last visited Nov. 25, 2012). 47 See ADEC, http: / /dec.alaska.gov /water /wnpspc/ stormwater / does /ConstructionGeneralPermit.pdf (last visited Nov. 25, 2012). -8- stones, condensation, and high water events. The Facility also falls within EPA's industrial category for "treatment works. " Thus, before operating the Facility, QDC will need to obtain stormwater permitting coverage under the Multi- Sector General Permit ( "MSGP "). Our clients are long -time property owners and residents in this area and greatly appreciate the fish and wildlife resources that surround them. These resources must be taken into account when considering this proposed new industrial activity in Middle Bay. Extending the deadlines for ADEC solid waste permitting and the Borough's transfer of solid waste responsibility to the City and holding one or more public hearings would allow for a more thorough investigation and understanding of the potential impacts of the proposed Facility on these sensitive ecological receptors. V. Health Threats and Potential for Creation of a Contaminated Site Sewage sludge presents health risks for neighbors and workers at or near sludge composting facilities. A major concern is the presence of human pathogens, which can be transmitted to humans through airborne particulates, soil contamination, and water contamination. There are four main types of human pathogens in sewage sludge: bacteria, viruses, protozoa, and helminths. One bacteria of concern is Escherichia coli (E. coli), which has been known to cause severe outbreaks of diarrhea and mortality in young children from hemolytic uremic syndrome. Other bacteria of concern in sewage sludge include Listeria monocytogenes (potentially lethal for people with compromised immune systems, newborns, and fetuses); Helicobacter pylori (stomach ulcers and increased risk of stomach cancer); and Leogionella spp. (respiratory illness). In addition, sewage sludge commonly contains the protozoan parasites Cryptosporidium and Giardia, which can cause serious and life - threatening diarrhea. Viruses in sewage sludge also include adenoviruses, which can also cause outbreaks of diarrhea and respiratory disease. These effects can be serious and life - threatening in vulnerable populations, such as children and cancer patients. 43 See EPA, MSGP 2008, Table D -1, http: / /www.epa.gov /npdes /pubs /msgp2008 appendixd.pdf (last visited Nov. 25, 2012). 44 See ADEC, http: / /dec.alaska.gov/ water /wnpspc /stormwater /MultiSector.htm (last visited Nov. 25, 2012). 45 See Virginia Dept. Health, Health Effects of Biosolids Applied to Land: Available Scientific Evidence, at 13 (Nov. 2007), http: / /www.vdh.virginia.gov /epidemiology /DEE /documents /}3iosolids.pdf (last visited Nov 27, 2012). v Id. at 13. 47 Id. at 13 -14. 48 Id. at 14. 49 Id. at 15. 5° Id -9- In addition to human pathogens, sewage sludge typically includes many types of hazardous substances, such as cleaning solvents, pharmaceuticals, pesticides and insecticides, steroids and hormones, heavy metals, dioxins, furans, polychlorinated biphenyls (PCBs), hydrocarbons, petrochemicals, and organochlorines. The limited test results from samples of the final compost generated during the pilot project as part of the CH2MHi11 study showed that, even after treatment through composting, the sewage sludge produced by the City of Kodiak's wastewater treatment facility (measured as dry weight) contained high levels of ammonia (240 mg/kg), aluminum (2200 mg /kg), phosphorous (1700 mg /kg), iron (5800 mg /kg), lead (100 mg/kg), and manganese (44 mg /kg). Aluminum, for instance, is known to be toxic to salmon and other fish because studies have shown that it interferes with their ability to maintain osmoregulatory balance and causes respiratory problems associated with the collection of aluminum on the gill mucus. In addition, "[t]he serious health effects of lead are well known— learning disabilities in children; nerve, kidney, and liver problems; and pregnancy risks." 53 According to the U.S. Environmental Protection Agency, "[p]reventing contaminants from reaching the ground water is the best way to reduce the health risks associated with poor drinking water quality. " For the reasons discussed above, the proposed Facility will generate leachate and stormwater runoff, and these flows will carry the hazardous substances described above into tidewaters and nearby anadromous streams if not properly controlled, with potentially significant effects on sensitive juvenile salmon and seabirds feeding on affected fish, especially as these substances accumulate over time. In addition, QDC acknowledges that the Facility is proposed to be constructed on land at which "[h]igh tides influence the groundwater hydrology as the average site elevation is approximately 15 feet above mean high water. " The interconnected nature of the subsurface hydrology strongly suggests that leachate and runoff from the unlined, open -air sewage composting facility will make its way into the artesian aquifer that provides drinking water for the Hiners and other nearby landowners. Moreover, since the proposed Facility is not being constructed within an enclosed building, as recommended by CH2MHi11, but rather in a series of open -air, three -sided structures with temporary fabric roofs, particulates carrying human pathogens and hazardous substances will be carried through the air onto neighboring properties. 51 See generally EPA, Water: Sewage Sludge (Biosolids), http: / /water.epa.gov /polwaste/ wastewater /treatment/biosolids /index.cfm (last visited Nov. 25, 2012). 52 See, e.g., U.N. Environment Programme, et al, International Programme on Chemical Safety, Environmental Health Criteria /94: Aluminum § 1.9 (1997), http: / /www.inchem.org /documents /ehc /ehc /ehc 1 94.htm (last visited Nov. 25, 2012). 53 EPA Region 1, Getting Up to Speed: Ground Water Contamination, at C -8 (April 2012), http: / /www.epa.gov /reeion1 /students /pdfs /gwc1.pdf (last visited Nov. 25, 2012). 54 EPA Region 1, Getting Up to Speed: Ground Water Contamination, at C -8 (April 2012), http: / /www.epa.gov /region) /students /pdfs /gwc1.pdf (last visited Nov. 25, 2012). 55 Id. - 10- • While QDC may or may not be exempt from certain solid waste permitting requirements, these exemptions do not eliminate the risk of future cleanup costs and liability resulting from the Facility's air pollution and contamination of surrounding land, surface water, and groundwater. As ADEC has recently observed, "[t]he cost to cleanup (remediate) contaminated groundwater can be staggering. Costs can run into the millions depending on site conditions. Installing and operating groundwater remediation equipment and long -term groundwater monitoring expenses are common expenses during remediation." If QDC is unable to bear these costs, the State of Alaska and local governments will bear the cost of restoring the area and its habitat to their prior condition. In light of proposed Facility's close proximity to neighbors and organic farm land, as well as the sensitive wildlife populations and aquatic resources in the Middle Bay area, there is potential for great harm to be caused by the proposed Facility. We urge each governmental authority involved to proceed with great caution and thorough analysis, rather than merely a cursory review. Toward that end, we reiterate our requests for an extension of the ADEC public comment deadline, a public hearing on the proposed permit, and an extension of the Borough's deadline for transferring responsibility for solid waste management to the City of Kodiak. Thank you for your consideration of our clients' concerns. We would appreciate the opportunity to meet with you to discuss these issues in more detail. We will be in Kodiak on Wednesday this week, and we are generally available to meet in Anchorage. Please contact us at (907) 982 -2774 or teresa @bvt- law.com at your earliest convenience. Very truly yours, Teresa B. Clemmer Of Counsel Peter Van Tuyn Partner 56 We are in the process of researching the applicability of solid waste permitting requirements and have not reached our own independent conclusion as to their applicability or non - applicability. For purposes of this discussion, we are simply referring to ADEC's representation that QDC is not technically obligated to obtain a solid waste permit. ADEC, Groundwater in Alaska (Mar. 2005), http: / /dec.alaska.gov /eh /does /dw /DWP/ Groundwater %20fact %20sheet %202005.pdf (last visited Nov. 25, 2012). - 11 - I GO IA: _'lnn 0 v 4 a44 2OY' u i eM1ylr7U .0 ✓n F DIN�SIOF FACT A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The proposed recreational vehicle park use will preserve the value, spirit, character and integrity of the surrounding area so long as the park is developed in accordance with an approved plan, and in conformity with the applicable development standards in KIBC 17.165. B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. While the plan presented for this CUP is conceptual in nature, the project will be required to undergo a thorough zoning compliance review. Stipulations attached to this decision will ensure that the development meets, or exceeds, minimally acceptable standards of development. Recognizing the maturation of the RV industry and the innovations in RV unit design and construction, the Commission has waived certain development standards where appropriate, C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. So long as the development standards of the code are met, the use should not be harmful to the public health, safety, convenience and comfort. Having a designated and maintained RV Park may be a benefit to the public if it provides an alternative to unregulated RV parking and camping in undesignated and potentially unsuitable areas along the Kodiak Road System. D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Due to the large lot size and rural location it appears that the site will not require any additional buffers, setbacks or safeguards are needed in order to meet the conditions identified in subsections A through C above. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9363. Sincerely, Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission k Chapter 2.35 CONFLICT OF INTEREST Sections: 2.35.010 Conflicts of interest prohibited. 2.35.020 Definitions. 2.35.010 Conflicts of interest prohibited. A. A municipal officer, appointed official, or employee may not solicit or receive money for advice or assistance given in the course of the officer's or employee's employment or relating to his employment. B. A municipal officer, appointed official, or employee may not represent a client before the assembly or the planning and zoning commission for a fee. C. A municipal officer, appointed official, or employee may not accept a gift, loan, gratuity, or other valuable consideration, or a promise of any of them, with the understanding or agreement, expressed or implied, that the officer will cast a vote or give an opinion, decision or judgment in the particular manner, in a matter, question, cause, or proceeding which then is or may by law come or be brought before him, or with the understanding or agreement that the officer or employee will, in his official capacity, act in a particular manner to produce or prevent a particular result. D. No municipal officer, appointed official, or employee may vote or participate in any official action in which he has a substantial direct or indirect financial interest. Direct or indirect financial interest shall be disclosed to the chair prior to a vote on the question, and if there are not at least four assembly members in attendance who are qualified to vote, the matter shall be tabled until the next regular or special meeting at which four assembly members qualified to vote on the matter are in attendance. E. A municipal officer, appointed official, or employee may not use his official position for the primary purpose of obtaining financial gain for himself, or his spouse, child, mother, father, or business with which he is associated or owns stock. [Ord. 98 -02 §4, 1998; Ord. 84 -11 -0, 1984; Ord. 79 -11 -0, 1979. Formerly §2.18.010]. 2.35.020 Definitions. As used in this chapter, the following definitions shall apply: "Municipal officer" means the mayor, assembly members, manager, and members of the planning and zoning commission. [Ord. 98 -02 §4, 1998; Ord. 84 -61 -0 §10, 1984; Ord. 84 -11 -0, 1984; Ord. 79 -11 -0, 1979. Formerly §2.18.020]. Item 14 on the agenda of the January 17 Regular Meeting calls for the assembly to sit as a Board of Adjustment to hear an appeal by William Wren of a Planning & Zoning Commission ruling allowing certain Industrial -zoned property in Middle Bay to be used as an RV park as a conditional use. I have not read the entire appeal record but I gather the approval of the conditional use permit which Mr. Wren requested was made subject to a condition that no Industrial uses be allowed on the property in question so long as any part of it is used for an RV Park. A letter of November 28, 2012 reads, in relevant part: "The applicant is prohibited from re- establishing any permitted industrial use on the property so long as the residential use exists." The referenced "residential use" appears to be use as an RV Park. The property in question is Tract A of USS 2735, which is one of the parcels proposed for the location of a project which would involve the storage and conversion of bio- solids (sludge) from the City of Kodiak Wastewater Treatment Plant into Class A compost. The City has been negotiating with Peter Olsen/Quayanna Development Corporation in connection with the proposed project and Mr.Olsen/Quayanna has been negotiating with Mr. Wren for a lease of Tract A of USS 2735 as a location for the composting activities. Mr. Olsen recently sought my assistance in, among other things, reviewing a proposed contract between Quayanna and the City and in drafting a proposed lease between Quayanna and William Wren. My work for Mr. Olsen and Quayanna was completed last October and I have been fully paid for it. I do not regard Mr. Olsen as a current client, nor have I been advised that he will seek further assistance from me in the future (although he would be welcome to do so). I believe, but am not certain, that the lease which I drafted has actually been fully executed. The same is true for the contract between the City and Quayanna which I reviewed. The lease which I drafted included reference to and the proposed rental of six RV spaces on Mr. Wren's property. It made no mention of a conditional use permit for an RV Park as I was unaware that any such permit had been or would be sought or was necessary. I have no reason to believe that Mr.Olsen intends to locate any RV's on Tract A re -rent any of the RV Spaces he has leased from Mr. Wren (assuming the lease has been signed) or that he has any particular interest in the outcome of the instant appeal. My initial impression is that my previous representation of Peter Olsen and Quayanna Development Corporation does not preclude my participating as a member of the Board of Adjustment hearing Mr. Wren's appeal. I feel I can be impartial in weighing the evidence and arguments presented to the Board of Adjustment. I personally feel no loyalty to Mr.Olsen to vote one way or the other on this appeal and I do not personally perceive any obvious and significant financial impact of this appeal upon Mr. Olsen or his future plans. If I fail to participate in the appeal proceedings, the appellant will automatically be prejudiced because it takes four votes to grant an appeal and overrule or modify the P&Z decision. Because the subject of the City's plans for composting bio - solids from the wastewater treatment plant is highly controversial, I offer the foregoing disclosure. Mel Stephens Assembly Member Page 1 of 3 Chapter 17.225 APPEALS TO THE BOARD OF ADJUSTMENT Sections: 17.225.010 Organization. 17.225.020 Powers of the board. 17.225.030 Persons who may appeal. 17.225.040 New evidence — Changed circumstances. 17.225.050 Appeal hearing — Notice, preparation of record. 17.225.060 Argument on appeal. 17.225.070 Appeal hearing. 17.225.080 Decision. 17.225.090 Hearing examiner. 17.225.100 Judicial review. 17.225.010 Organization. The assembly is the board of adjustment for the Kodiak Island Borough. [Ord. 96 -23 §2, 1996; Ord. 90 -44 §6, 1991. Formerly §17.100.010]. 17.225.020 Powers of the board. The board of adjustment shall hear and decide: A. Appeals from the decisions of the commission regarding alleged errors in enforcement of zoning ordinances and building codes; B. Appeals from the decision of the commission on requests for conditional uses; C. Appeals from the decisions of the commission on requests for variances from the terms of the zoning ordinances and from findings as may be required by sections of this title. [Ord. 92 -17 §6, 1992; Ord. 90 -44 §6, 1991. Formerly §17.100.020]. 17.225.030 Persons who may appeal. A written decision of the commission granting or denying approval under the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. [Ord. 90 -44 §6, 1991. Formerly §17.100.030]. 17.225.040 New evidence — Changed circumstances. Appeals alleging new evidence or changed circumstances may be remanded by the board of adjustment to the commission where they shall be treated as petitions for reconsideration. [Ord. 90-44 §6, 1991. Formerly §17.100.040]. 17.225.050 Appeal hearing — Notice, preparation of record. A. Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeal, request the community development department director to prepare the appeal record, and notify the commission of the appeal. B. The clerk shall mail notice of the appeal to each person who was entitled to notice of the original commission proceeding. The notice shall include the appellant's notice of appeal, describe the decision appealed from, state the date of the appeal hearing and time within which written argument supporting or opposing the appeal may be submitted, and contain the substance of subsections C and E of this section regarding the obtaining of a verbatim transcript and the availability of the appeal record. 12/14/2012 Page 2 of 3 C. The appeal record shall be completed within 10 working days of filing of an appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefor, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice of completion of the transcript the person requesting it shall pay the actual cost thereof, or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. D. Following completion of the record, the clerk shall, by certified mail, serve a copy of the appeal record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as part of the record. The clerk shall deliver a copy of the appeal record to the borough staff assigned responsibility for the appeal. E. A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. [Ord. 90 -44 §6, 1991. Formerly §17.100.050]. 17.225.060 Argument on appeal. On appeal to the board of adjustment, any person who meets the requirements of KIBC 17.225.030 may submit to the clerk written argument supporting or opposing the appeal. Written argument submitted prior to the appeal hearing shall become part of the appeal record. [Ord. 90 -44 §6, 1991. Formerly §17.100.060]. 17.225.070 Appeal hearing. A. The board of adjustment shall hold an appeal hearing on the appeal at its first regular meeting 30 days after the appeal record has been completed. B. At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission may present oral argument. Oral argument shall be subject to the following order and time limitations, unless the assembly, for good cause shown, permits a change in the order or an enlargement of time. 1. Borough staff, including commission representatives: 10 minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes. 3. Private person supporting the appeal: 10 minutes each. 4. Private person opposing the appeal: 10 minutes each. 5. Appellant, for rebuttal: 10 minutes. C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. D. The board of adjustment shall decide the appeal upon the appeal record, the written and oral argument, and the testimony and evidence presented on the appeal. The board of adjustment may exercise its independent judgment on the legal and factual issues raised by the appellant. [Ord. 90 -44 §6, 1991. Formerly §17.100.070]. 17.225.080 Decision. A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. The board of adjustment may make its own findings on factual issues, based upon the evidence in the record. B. Every decision of the board of adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the board of adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. 12/14/2012 Page 3 of 3 C. The board of adjustment's decision affirming or reversing the decision of the commission shall be mailed to the parties to the appeal within 10 working days after the appeal decision and approval of findings of fact. [Ord. 90 -44 §6, 1991. Formerly §17.100.080]. 17.225.090 Hearing examiner. When the borough is either the applicant or appellant, the appeal shall be heard and decided upon by a hearing examiner. The clerk shall refer the appeal to the Alaska Office of Administrative Hearings under AS 44.64.030(b). In rendering a decision, the hearing examiner shall follow the rules and procedures as set forth in the preceding sections of this chapter. [Ord. FY2010 -09 §3, 2010; Ord. 90 -44 §6, 1991. Formerly §17.100.090]. 17.225.100 Judicial review. Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. [Ord. 90 -44 §6, 1991. Formerly §17.100.100]. This page of the Kodiak Island Borough Code is current through Borough Website: http: / /www.kodiakak.us/ Ordinance FY2012 -20, passed May 3, 2012. (http: / /www.kodiakak.us /) Disclaimer: The Borough Clerk's Office has the official version of the Borough Telephone: (907) 486 -9310 Kodiak Island Borough Code. Users should contact the Borough Clerk's Code Publishing Company Office for ordinances passed subsequent to the ordinance cited above. ( http: / /www.codepublishing.com /) eLibrary ( http:// www. codepublishing .com /elibrary.html) 12/14/2012 " �` Kodiak Island Borough • L it .. �, Office of the Borough Clerk 9' 710 Mill Bay Road y : } � .. Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 DATE: December 11, 2012 MEMO TO: Mayor and Assembly Members FROM: Nova M. Javier, MMC U v o RE: Appeal to the Board of Adjustment This is to inform you that an appeal has been submitted to the Board of Adjustment appealing the decision of the Planning and Zoning Commission on: Case No. 13 -015. Request for conditional use permit, in accordance with KIBC 17.165.030, to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC 17.165.040 A thru M (Appellant: William Wren). Attached is a copy of the appeal letter submitted by Mr. Wren. The appeal hearing is tentatively scheduled on Thursday, February 7, 2012 during the regular meeting of the Assembly which will start at 7:30 p.m. in the Assembly chambers. A reminder regarding ex -parte contact, please do not discuss this case with the appellants or CDD staff outside the appeal hearing as you may be exposed to new evidence or changed circumstances others involved in the case may not be aware of. If there's any allegation of new evidence or changed circumstances, the board of adjustment may remand it back to the commission. The board of adjustment shall decide the appeal upon the appeal record, the written and oral argument, and the testimony and evidence presented on the appeal. Attachment: Appeal Letter BOARD OF ADJUSTMENT APPEAL PACKET Page PPP AL APPLICATION L_) L; KIBC 17.225.030 - A written decision of the Commission granting or denying ancoval tyndenthe requirements of this title may be appealed by: taiga (� Applicant /D wat[ti '12) any person who was sent a written notice (Commission level) or i r i r { (3) submitted timely written comments before the Commission or - (4) gave oral testimony at the public hearing before the Commission. Based on the reasons above, please state the reason why you are entitled to appeal; Appellant(s) (print): Mailing a.. ress: wren no. r. PZeS'q . ra-hat t it `i9on . Phone: wk: hm: Cela fax: ` • Signature(s : E -mail 6 //GU/ Np qc /.rt%w/ Date: /2 - 7-- 2o, �_.. Case/Deci of the Commission that you are appealing: /5 - 075 drittreel Provide the physical address, property owner, and property I.D. # related to the Case/Decision that you are appealing: Specifically state the grounds for the appeal: You may state the relief being sought: You may use a separate sheet if you need more space. If you are no going to use this form, please make sure that the notice you are going to submit is In compliance with KIBC Title 17. Your appeal must be accompanied by appropriate fee. If there are more than one appellant, please be aware that KIBC 17.225.070 limits the appellant's oral testimony to 10 minutes. Page 3 of 3 G BOARD OF ADJUSTMENT APPEAL PACKET Page 2 of 54 Attachment to Appeal Application; case decision 13 -015 To whom it may concern, The conditional use permit I applied for is defined as follows; 17.165.030 Conditional use. Because of their potential impact on adjacent land uses, recreational vehicle parks shall only be permitted as conditional uses in all land districts. [Ord. 90-39 §2, 1990; Ord. 85-8-0 §1, 1985; Ord. 82-34-0 §4, 1982. Formerly §17.53.030]. I would like to emphasize "in all land districts". Not Including but with restrictions in Industrial Districts. It does not say anywhere in its description that Chapter 17.165 RECREATIONAL VEHICLE PARKS that they are a "residential use ". Stipulations Attached to the Approval of my Case #13 -015, prohibits me from using any of my industrial permitted uses. This is a direct negation of any dual purpose application of my property. This is unheard of in local zoning code and examples of this "dual Purposes" are in practice everywhere in the Kodiak area. Be it Business, Commercial and Industrial Districts. Items I am appealing; (1.) Item (4.) on letter from Community Development Department, dated November 28, 2012' states, "The applicant is prohibited from re- establishing any permitted industrial use on the property so long as the residential use exists." Grounds for appeal include; a.) It is a legal conditional use, in an Industrial district, as well as all other districts, nowhere is it stated in Chapter 17.165 RECREATIONAL VEHICLE PARKS that if granted, "all industrial zoning us- es will then be prohibited ". b.) Residential uses do occur in Industrial Districts all over the city of Kodiak. The CDD has repeatedly told me there is a zero tolerance to residential uses In Industrial districts. Yet many Seafood Pro- cessing Plants, (Ocean Beauty etc.), in Kodiak have residential uses as well as the Industrial Zoning. They include Apartments and bunkhouses in the Cannery itself, as well as Apartment buildings on the property. c.) Currently I have a permitted use of; FF. warehousing within an enclosed structure. [Ord. 92 -13 §7, 1992; Ord. 81 -40-0 §2, 1981. Formerly §17.24.010). And U. Outdoor storage. I fail to see the prob- lem of conflict with an RV Park. The property is 5 acres and there is plenty of room for both applica- tions. Please see attached Plot Plan. d.) VFW has a shooting range next to it. Is this any less safe than my property? (2.) BOARD OF ADJUSTMENT APPEAL PACKET Page 3 of 54 Item (2.) of same letter as above from CDD, states, "The applicant is prohibited from letting out any RV space without first presenting all required documentation and permits and obtaining a zoning compli- ance permit'. Grounds for appeal include; a.) The Kalsin Bay Inn was allowed a RV park and use permit and allowed to rent out RV spaces imme- diately. This was before all zoning compliances were satisfied. The Zoning board added conditions which I will list below later, that I am also appealing, which will require well over $200,000 in order to accomplish. How can anyone expect to get that much money together without any income? Mind you I cannot use my Industrial applications or my RV spaces until all requirements are satis- fied. b.) Previously I was allowed to use these 6 finished RV spaces on a like use permit. Logging camp and support facility. It was the first time I ever applied for a new use on my property. I was very naive and given 6 months to comply with financial requirements still severe but nothing this radical. I should have appealed this decision right away. It was November of 2011 and I had 8-10 feet of snow that followed. 5 months later most of the logging camp on my property were fired by A -1 Timber and broke their 3 year lease, leaving the Island In April, 2012. The time frame was up in May of 2012 and I still had 6 foot drifts on the property. Yes, this is a personal problem but I am including this in- formation to give the Borough Assembly a clear picture of my situation. I know now, I have to have at least two summers to comply with reasonable requirements. My first time around I went in not knowing the time frame on appeals, purchased my compliance permit, asked for an extension and was denied. This brings me to the decision to have an RV park on the property. If a business fails that is leasing all or part of my property, I always have RV income to count on. c.) Now that I am more educated with the system, I am wondering with my first attempt to secure like uses permit, why I wasn't granted an extension to think things out. Other businesses have asked for an extension, Island Seafood's for example and are granted one. (3.) Though the commission waived the requirements for a separate shower and toilet facilities. The Board at the public hearing amended it back in. I had stated I would only rent to RV's that were fully self - contained. That I would not allow tent camping, which is all right in the RV Parks description. 17.165.040 Development standards. 1. Required Toilet and Shower Facilities. Toilet and shower facilities will be pro- vided as required by the more restrictive of the borough's currently adopted Uniform Plumbing Code or the state of Alaska public accommodation regulations. Grounds for appeal; a.) The type facility that would meet these standards would require at least $200,000, up front, and probably $300,000 after all is said and done. The VFW does not have such a facility. They are the on- ly legitimate RV Park on the Island, yet they have been given an exemption. I also asked for an ex- • BOARD OF ADJUSTMENT APPEAL PACKET Page 4 of 54 emption and have been denied. What is allowed for them should be allowed for me as well. The Kaisin Bay Inn 1 believe was granted the use of the bath in a bunkhouse as an alternative and yet it does not meet the standards required, as stated above. b.) I would only rent to RV's that were fully self - contained. I would not allow any tent camping. (4.) Though the Commission waived Screening the Zoning Board at the hearing amended it back in. 17.165.040 Development standards. H. Screening. Fifty percent sight - obscuring screening that is a min- imum of six feet In height shall be provided and permanently maintained along all property lines. As an example, appropriate screening could include a fence along the side and rear property lines and land- scaped screening with an entrance way along the front property line. Grounds for Appeal; a.) There are no houses within % mile of property line. The Hiner's 1 room cabin with a loft is this house. The next nearest neighbor is Jim Gram and he is K mile off my property. There is nothing to screen from. b.) Both the VFW and Kaisin Bay Inn do not have Fences around their RV Park. For this reason I feel I should not have to have a 6 foot fence the Zoning Board added as a requirement to the approval of my RV Park. The 6 foot fence on two sides of my property, for labor and materials is estimat- ed at $40,000. 1 feel this is unfair and unnecessary. Basically the CDD and the Zoning Board awarded me a hollow victory. Granting me an approval that would require $300,000 in upfront costs surely is no victory at all. Yet without the ability to afford to comply, they can shut things down. They would stop most people from starting a new and much needed business like this in Kodiak, no matter how much money someone had. It just isn't worth it, yet they have avoided saying you can't have an RV Park ". What I don't understand is why it is to the community advantage not to have a facility like this. It would promote tourism, provided much need Seasonal sup- port to State and private Construction Crews. The RV's now are parked Illegally all over and around Ko- diak City. They bring there trailers over and have to park on beaches with no utilities, unsanitary and primitive at best compared to the rest of the Country. I formally request the Borough Assembly to over turn the Zoning Boards and CDD's conditions and allow free enterprise to prevail. That you restore my rights as an American Citizen, to do with my property what Is legally allowed. I'have heard in the last month so much to do about one person and not the im- BOARD OF ADJUSTMENT APPEAL PACKET Page 5 of 54 pact it is having on the Kodiak Community. I have a 60 year history I have documented and sent to my neighbors and their lawyers which I will include with this Appeal. It covers all the rights to access and more. Please read it before making a final decision. Thank you, William Wren BOARD OF ADJUS TWA97 t £ SI4* 61 APPEAL PACKET Page 6 of 54 William Wren December 3, 2012 Middle Bay Industrial Park P.O. Box 8284 Kodiak, Ak 99615 (907) 539-8399 Via E-Mail to: Bob Blankenburg, P.E. Solid Waste Program Manager Alaska Department of Environmental Conservation 555 Cordova Street Anchorage, AK 99501 bob.blankenburg@alaska.gov Jerome M. Selby Mayor Kodiak Island Borough P.O. Box 1962 Kodiak, AK 99615 je rome.sel by(a kibassembly.orge; Re: Letter sent to you from Besseney & Van Tuyn, L.I.C.. Representing; Todd Hiner , Cecile Hiner and Marilyn Guilmet. Proposed Composting Facility on my property in Middle Bay, Kodiak AK Dear Mr. Blankenburg and Mayor Selby: I received a copy of the 12 page letter sent to you by the parties listed above. This is a response to that letter, most specifically to references to my property in Middle Bay, Kodiak AK. I am William Wren, (owner) and have agreed to lease the property to Peter Olsen and his Company QDC. It has been my intention to be completely cooperative with all Govemment agencies and entities c concerned with the permitting process and ensuring the environmental integrity remains high on my property in Middle Bay. I welcome any investigation of my site in Middle Bay and state here; I have a legal zoning on my property to perform the composting operation as propose by Peter Olsen and Quayanna Development Corporation. The process itself and permitting applications, I have no involvements with. But if there are any concerns or questions that I may help you with, I am more than happy to cooperate with you. This letter here Is to clear up any questions that may have arisen from statements and postings made by the Attorneys and their Clients listed above. I think It best to start at the beginning. In 1935 Thomas J. Felton came to Kodiak Island from Montana. He purchased a cabin on the property that is now known as US survey 112735, from a Missionary by the BOARD OF ADJUSTMENT APPEAL PACKET Page 7 of 54 name of Goudy. He built his permanent cabin, In 1938. In 1940 he built a barn by the cabin (Hiners location now) and in 1942 he built a slaughter house. This slaughter house was 1,200 feet away at the oceanfront, on what is now my property, Tract A. of US Survey #2735. This slaughter house provided meat for the thousands of Navy personnel that had relocated on the Island in WWII. Felton had a huge livestock lease he acquired in 1935, (10,000 acres) that included the entire American River Valley, from ridge top to ridge top and back to Saultry Pass. The industrial application of my property, as a slaughterhouse, has been in effect since 1942. This was before the Homestead Patten had been awarded Felton for his 160 acres in 1952, (US Survey 2735). This, what is now my 5 acres was the heart of his entire operation, servicing 100's of heads of cattle.. It was biggest building on the property; no other people lived within 10 miles of Felton. This slaughter house was equipped with concrete floors and corrals and a diesel generating plant. The original water Improvements were constructed, developed and piped to the slaughter house for its operation. The slaughter house was converted and subdivided by Harry Felton in 1970 to a seafood processing plant. This was the first subdivision (Tract A.), on the 160 acres (US Survey #2735). At that time all activity in the area revolved around the Middle Bay Processing Plant and still has much history for locals today. The roadway has had semi -truck traffic for 60 years or better. Regular two way auto traffic was also required over the years. This provided access to 50 -75 personnel, owners and product buyers. It has most recently serviced 5 log trucks. The road has been neglected in the 17 years I have owned the property, and grass has grown in along the sides in some places. This was simply a matter of economics; I could not afford in the past to grade the road and bring in new rock. Now that improvements have been made on the 5 acres itself I am in the position to restore the roadway to its 1970 parameters. Ultimately my point is that my property, with a 60 year legal Industrial history, existed long before any of the neighbors now present had been around. The roadway as well as the waterway were originally built for and specifically designed for its industrial use. When someone buys a property next to an Industrial Site they must consider. "Buyer bewares" they can expect to have, as listed in the Kodiak Island Zoning Code of permitted uses as; w17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; BOARD OF ADJUSTMENT APPEAL PACKET Page 8 of 54 M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; O. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. [Ord. 92 -13 §7, 1992; Ord. 81 -40 -0 §2, 1981. Formerly §17.24.010]. Pay close attention to item (Z.), listed above, "Sewage Treatment Plants ". The concerns I have are references made by the attorneys and clients that are made as statements of fact, in their letter emailed to me and you. Here I am taking an excerpt from that document. Then later I will include legal descriptions that came with my property. I will provide what is what I feel, is a proper n interpretation. I hope this will help and inform you as well as my neighbors which I hope to have good relations with. Below is the copied and pasted page from the correspondence sent to you from my neighbors and their attorneys? 11. Page - Inaccurate Representations Regarding Driveway Easement and Water Access. In the permit application, QDC acknowledges that the sole water source for the proposed Facility is an artesian well that is connected to the Wren property via a 1,200 -foot long pipe, and that "[t]he intake of the pipe is located on an adjacent upland lot .... "22 This statement is misleading because it suggests that there is a reliable and available source of water to support the operations of a new industrial sewage composting facility. Our research to date has not disclosed any right that QDC or Mr. Wren may have to water from that artesian aquifer, and their use of the above - ground pipe is entirely at the discretion of our clients, Todd and Cecile Hiner, on whose land the artesian well is located. Our clients have no obligation to allow Mr. Wren or QDC to utilize water from their well, and they have no intention of continuing to provide water to Mr. Wren's BOARD OF ADJUSTMENT APPEAL PACKET Page 9 of 54 property if the property is to be used for a sewage composting facility. Similarly, the only means of access to the Wren property is through a 2,000 -foot singlelane gravel driveway crossing the property owned by Todd and Cecile Hiner.23 QDC's permit application fails to mention that, in order to safely accommodate daily truck traffic containing large loads of sewage sludge from the City's wastewater treatment facility, the driveway would need to be expanded and upgraded substantially. Indeed, QDC has already begun making unauthorized modifications to the access road by destroying a cattle guard without obtaining permission from the Hiners. Our research to date shows that the proposed industrial use of the driveway, and the accompanying expansion and upgrades that would be necessary, greatly exceed the scope of the current driveway easement. Our clients have no obligation or intention to authorize this dramatic change in use nor any expansion or modification of the driveway. In addition, the Alaska Department of Fish & Game ( "ADF &G ") has already asked our clients to remove the culvert bridge in the existing driveway because it may be impeding the natural flow of an anadromous stream. Our clients are in the process of determining the best means for doing so, consistent with requirements of ADF &G and possibly the U.S. Army Corps of Engineers. As a result, this access route will temporarily, and possibly even permanently, be cut off. In any case, QDC cannot rely on the existing driveway in its current state for the daily transport of large truckloads of sewage sludge from the City's wastewater treatment facility. I will post below a copy of my Statutory Warranty Deed Book 22D Page 342; Kodiak Recording District; this refers to those legal issues. I will give now my interpretation of my rights. You will see that access is described as "present roadway as now in existence" (1970). And "for any lawful purpose" (My 5 acre property is zoned industrial). Industrial easements are 60 feet. Because no substitute right of way was ever constructed, it is very possible that right of way reverts to current Borough code, 60 feet. When Felton applied for exception on a 60 foot easement it was because no one else lived on the US Survey 2735 and probably didn't think it would be an issue. Felton, most likely didn't want to pay for a surveyor for an odd shaped roadway, and have it platted, so now we have speculation. With regards to the Water Issues, it clearly states below that I have in conveyance, grants and warrants an "easement to construct, use and maintain a waterline from the source" and "continue to use 2 cubic feet per second of public waters per day for any manufacturing or processing purpose accomplished on the said Tract A." This was done by Harry Felton in 1970 constructing with the present 9" underground water main from a poured concrete pad with a 48" culvert six feet deep. A cinder block house was built over the catch basin and was for the express use of the Slaughterhouse, then becoming a Processing plant and has run continually for 60 years. The water system also acts as drainage, without it flooding occurs. After running down to my property it is captured in a concrete cistern,6 foot by 6 foot and 10 feet deep. This is where another 9 "overflow pipe runs underground to a pond and the ocean. The Hiners state water use, "is entirely at the discretion" of them, but fail to inform they have no indoor plumbing. This was the case in 1970 as well, the one room cabin with a loft had one kitchen sink, an outhouse and was the only dwelling on the 160 acre Survey 2735. To suggest that thousands of dollars were spent putting in this water system to supply water to one kitchen sink is unlikely. BOARD OF ADJUSTMENT APPEAL PACKET Page 10 of 54 Tract "A ", a five acre parcel of land in the Northeast Corner of U.S. Survey 2735, according to the duly recorded plat thereof dated December 9,.1969, approved by the Ko- diak Island Borough Assembly January 5, 1970 . by Resolu- tion 70 -4 -R. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any wise apper- taining: The right of ingress and egress over and upon and across the present roadway now in existence and located on U.S. Survey 2735 from the Chiniak. Road, which said right -of- ingress and egress may be used by the Grantee in common with the Grantor of the balance of said survey for any lawful purpose until such a time as a usable substitute dedicated way or public right -of -way to said five acre tract from said Chiniak Road shall have been constructer. Also an easement to construct, use and maintain a water , line from the source or location of the water supply as designated by the State of Alaska in Certificate of.Appro- priation No. 18 ussued to HARRY FELTON and an easement to construct, use and maintain a power line over across and upon U.S. Survey #2735 as the same now exists. 'DATED: This'474/ day of January, 1970. '' • 4 v ba ••• 4 T'OMAS J, • •N I hope this might clear up some issues that have been brought forth. That in the future we can keep an open line of communication. Please feel free to contact me at any time, (907) 539 -8399, or email me at billwren(Whotmail.com. I have all rerecords dating back before Feltons original Homestead application, that I had sent from The Smithsonian Institute. All quite interesting and informative, he was truly a pioneer. Best, William Wren PAYMENT DATE Kodiak Island Borough BATCH NO. 12/11/201$OARD OF ADJUSTMENT 710 Mill Bay Rd. 2013- 00000287 COLLECTIARIBEMPACKET Page 11 of 54 Kodiak, AK 99615 RECEIPT NO. CASHIER 2013- 00000737 RECEIVED FROM CASHIER William Wren Cashier DESCRIPTION Case 13 -015 *AYMENT< 9: - .. - _ F3ECEIP ; TRANSACTION AMQUNT',f Zoning Comp! Zoning Compliance Permit $350.00 Payments: Type Detail Amount Cash $350.00 Total Amount: $350.00 Printed by: Cashier Page 1 of 1 12/10/2012 04:50:00 PM r ' Cc: Via Electronic Mail: Lori Aldrich, Solid Waste Program Wade Strickland, Wastewater Discharge Coordinator and Regional Manager, ADEC, Program Manager, ADEC, Iori.aldrich @alaska.gov wade.strickland @ alaska.gov Borough Manager, Kodiak Island Borough, Woody Koning, Director Engineering & c/o Bud Cassidy, Administrative Official, Facilities Department, Kodiak Island bcassidy @kodiakak.us Borough, wkoning @kodiakak.us Pat Branson, Mayor, City of Kodiak Aimee Kniaziowski, City Manager, City of mayor @city.kodiak.ak.us Kodiak, AKniaziowski @city.kodiak.ak.us William Wren, Land Owner Peter Olsen, Executive Director, Quayanna billwren @hotmail.com Development Corp., plarc @alaska.net Randall Bates, Director, ADF &G Division of Patrick Kemp, Acting Commissioner Habitat, randy.bates @alaska.gov ADOT &PF and Deputy Commissioner, ADOT &PF Division of Highways and Public Facilities, pat.kemp @alaska.gov William Frost, Habitat Biologist II, ADF &G Geoffrey Haskett, Alaska Regional Director, Division of Habitat, USF &WS, geoff haskett @fws.gov william.frost @alaska.gov Col. Christopher Lestochi, Commander, U.S. Lori Verbrugge, Ph.D., Biologist, Army Corps of Engineers— Alaska District, Environmental Contaminants, USF &WS, public.affairs3 @usace.anny.mil lori verbrugge @fws.gov Mike Bussell, Director, EPA Region 10 Office of Water and Watersheds, bussell.mike @epa.gov 12 _ BOARD OF ADJUSTMENT APP = KET Page 12 of 54 > R®d Island t omugh i : Community Development Department � `� 710 Mill Bay Road - !r%; • Kodiak Alaska 99615 Phone (901) 4b6 -9363 Fax (907) 486 -9396 wvnv.kodiakak.us l4 November 23, 2012 . NOY 2 7 2012 ' j J , Mr. William Wren l;�i'i r C: I ICE PO Box 9284 Kodiak, AK 99615 (Pal Re: Case 13 -015. Request for conditional use permit, in accordance with KR3C17.165.030, to allow the establiahment of a recreational vehicle park on Tract A, United States Survey 2735, according' to KIBC 17.165.040 A thru M. Dear Mr. Wren: The Kodiak Island Borough Planning and Zoning Commission at their meeting on November 21. 2012. granted the conditional use permit tequest cited above, subject to the following .stipulation: 1. The applicant is limited to a two -year rime frame (from the date of the decision) for the completion of the phased development. 2. The applicant is prohibited from letting out any kV space without first presenting all required documentation and permits , and obtaining a zoning compliance petmii. 3. the applicant must present a legible park plan that details the specification for development as listed in KIBC 17.165.040 with the request zoning compliance. 4. The applicant in prohibited fiom re- establishing any permitted industrial use on the property so Iong as the residential use. exists. MIS APPROVAL DOES NOT ALLOW ANY CONSTR. CTION TO BEGIN. Zoning compliance and:or a building permit must first be obtained. An approved conditional use permit must be permitted within a two -year period to be valid. Please contact this office for further details. According to JCBC 17.230.080: The commission's action may be appealed to the assembly by any party by filing a written notice of appeal with the Borough Clerk within twenty (20) calendar days of the Commission'; decision. 'fhe notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, end is accompanied by the $350 appeal fee. Therefore, the Commission's decision will not be final and cffxti a until twenty (20) days following the decision. This letter shall constitute the conditional use permit. Plcasc bring it when you come to our office to obtain zoning compliance for any construction on the proptsty. The Commission adopted the following Endings in support of their decision 4* I -L1 k , s I, / .ee BOARD OF ADJUSTMENT APPEAL PACKET Page 13 of 54 FINDINGS OF FACT A. That the conditional use will preserve the value, spirit, character and intggrity of the surrounding area. The proposed recreational vehicle park use will preserve the value, spirit character and integrity of the surrounding area so long as the park is developed m accordance with an approved plan. and in conformity with the applicable development standards in KTRC 17.1.65. B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. While the plan presented for this CUP is conceptwl IAA nature, the project will be required to undergo a thorough zoning compliance review. Stipulations attached to this decision will ensure thai. the development meets, or exceeds, minimally accept.ible standards' of development. Recognizing the maturation of the RV industry and the innovations in RV unit design and construction. the Commission has waived certain develnpment standards where apprepriatc. C. :hat ¢ranting the conditional use nermit will not be harmful to the public health, safety, convenience and comfort. So long as the development standards of the code are met, the use should not be harmful to the public health, safety, convenience and eomfvrt. Having 8 designated and maintained RV Park may be a benefit to the public if it provides an alternative to unregulated RV parking and camping in undesignated and potentially unsuitable areas along the Kodiak Road System. D. That the sufficient setbacks, lot area,, buffers or other safeguards are belnyarovided to meet the conditions listed in subsections A through C of this section. Due to the large lot size and rural location it appears that the site will not require any additional buffers, setbacks or safeguards are needed in girder to meet the conditions identified in subsections A through C above. if you have any questions about the action of the Commission, please contact the Conununity Development Department at 486.9363. Sincerely. Sheila Smith, SLcretary Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Pubic hearing Item / -C BOARD OF ADJUSTMENT P &2 November 21, 2012 . , Current Location Request A Conditional Use Permit. per KIBC 17- 165.030, P & 2 Case # 13 -015 to allow the establishment at a recreational vehicle park on Tract A, United Stales Survey 2735, according to KIBC William Wren 17.165.040AthruM 0 0 0 0 0 Legend USS 2735 Tract A Kodiak Island Borough GIS System N �•' E 0 1,350 2,700 5,400 8,100 10,800 I ` Feat r g The map w s prepared from the Kodiak Wend Borough's 018 System It U provided for the purpose of showing th This map does not represent a survey. More laceration about the mapping data an be obtained by contacting the Case No. 13 -015 Intorduction Page 1 of 3 Public Hearing Item / -C BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 15 of 54 Kodiak Island Borough Zoning Map w i ►, >a C Develo Development De Department � Community p P ment Current Zoning Request A Conditional Use Permit. per KIBC 17.155.030 P & Z Case 1t 13 -015 to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC William Wren 17.165 040 A thru M _ _ • 41111k..o Legend 1 • USS 2735 Tract Ai Zoning Legend Public Use Lands f Rural Residential 1 [ J Muth Famiy Residenu, Light Industrial A Watershed _ 1 Rural Residential 2 L 1 Business 1 Rural Neighborhood Commercial 1 Conservation Single Family Residential i Retail Business Urban Neighborhood Commercial Rural Residential I Two Family Residential L I Industrial Natural Use This romp wsa prepared from the Kodiak Nand Borough's GM *Morn. It is provided for the purpose of 1 This map does not represent a survey. More information about the mapping dale can be obtained by con Case No. 13 -015 lntorduction Page 2 of 3 Public hearing Item / -C BOARD OF ADJUSTMENT P&Z November 21, 2012 Image Overlay Request; A Conditional Use Permit, per KIKC 17.165.030, P & Z Case # 13-015 to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC William Wren 17.165 040 A thru M t .. f r' 4. *A -. /♦ 0 4 1 1 11 iL il k- 1 . r k. I ° °- "bilk } C. - : v Legend USS 2735 Tract A • t Kodiak Island Borough GIS System r- ,i - W �,I- E 4" ;J • 0 eo tea 360 Sao 720 Feet S This map vaa prepared from the Kodiak Land Borough's GIs System. It is pntded for the purpose of Moving dm This map does not rapreeent a survey. Mon Information about the mapping date CPR be obtained by ccr5taakig the J Case No. 13 -015 Intorduction Page 3 of 3 Public Hearing Item 1 -1 BOARD OF ADJUSTMENT November 21, 2012 APPEAL PACKET Page 17 Of 54 Kodiak Island8orough L Prim Form 1. Submit by Email .1 Community Development Department Rd. 205 Bay III1f1�I�OIIH�III ell 710 MITI R ell W f` Kodiaki Ph. (902)486 - 9362 Fax (907)486 - 9396 htto•ffwww.kodiakak,us 17 a 00 — 0(. 5 PROP._ID 17400 Conditional Use Permit Application KIBC 17.200 The following information is to be supplied by the Appllant Property Ownei /Applicant William Wren Mailing Address: P.O. Box 8284 Kodiak AN 9961$ Phone Number: 1907) 539 -8399 Other Contact email etc.: blllwren ®hotmall.coin Legal Description: 5ubdv; U552735 Block lot TRA Street Address: 22569Chiniak Hwy, Kodiak AK 99615 Present Use of Property. Zoning; I- industrial Warehouse, Logging Camp and Support facility Proposed Use of Property: Zoning: I- Industrial Warehouse, Recreational Vehicle Park (Chapter 17.165). (aote,UU additional sheets,a needed, to provide • complete description of the proposed request l Site Plan A detailed site planshowrng the proposed leaden B all buadh,gs& structure! on the site, access points, drainage vehicular &pedesman circulation patterns, parking areas, Si the specific location of the use w uses to be made of thedevelopmen; SHALL be submitted wi th the application, together with other information as may be Mowed to cornpy wIth the standards ford condtlorol use listed inthss :banter &nother pertinent 10010113 ofrhn chapter. Respond to each niche following standards as they appyto your tegoest, A. That the conditional use mil preserve Me value, spirit. character &Integrity of thesurroudangme The property is surrounded by Conservation Zoned Property.The RV spaces have been in use and nothing would change. The nearest residence is the neighbors cabin 1,200 feet away on a 30 acre parcel. RV sites will be well spaced exceeding the 20' requirements and 1,000 sq. ft. total area for each space. An eventual 10 spaces total, all will be within the 25' pioperty line requirement Grounds will be maintained and attractive. a. that theamditional useful6lb mother requirements of this chapterpertasning to Mewrditional use In question; The requirements forRecreational Vehicle Parks as per Cgndhlonal use (17.165.030), are allowed in "all land districts'. 1 plan to meet or exceed all Development standards used in (17.164,040); A. thru M all of which will be addressed in an accompanying document. Case No. 13 -015 Application Page 1. of 6 / 7 Public Hearing Item / -C: BOARD OF ADJUSTMENT November 21, 2012 APPEAL PACKET Page 19 of 54 C That granting thecondhloner use pei mh will notbc harmful to the public health of ty, convenience&comfort The RV sites will be using existing Sewer. water and electrical which were approved and inspected when property was used as a Seafood Processing facility and Dormitories. Documentation will be Included from DEQ and Compliance stipulations from similar use determination granted by Planning and Zoning Commission on November 17, 2011 (Case No.12 -019), D. Thai sufficient setbacks, tot area, buflen or other safeguards are being Molded to meet the conditions rated Yes, all setbacks, Individual RV space In subsections A through C of thu section; sizes and distance between spaces, will meet or exceed requirements A through C of Development Standards (17.165 040).A plot plan will be Included with application. E. If the permit is for a pullet use or structure.thecommhsion must find that the proposed use or stnature is N/A located m a manner which wla mesimae public benefits Applicant certification: thereby certify vs the property own. / authorindage ntthatthisapplkott onf orPN ZCommissionreviewisw etandcompletetothe best of my knowledge, and Mao kh submittedlnaccoraance MTh the tequhenwms of the apobcameKatok Island Borough Code, which includes adetailed site plan forth. conditional use nguenand may lndodeophonalsuppwthrgdocumentabon as unheated below. Additional Narrative /History! YES Photographs: As-built Survey: YES Maps YES List Other. - (44 5 Date: September 19, 2012 Signature: 4,124 Zia"- �! — mil ���ttt cm StaffCertiflcatjon. sty Site Plan Submitted? ntZoning• SEP 20 2 � coataKlsiaooduroug .151 9 :4 Date: CDDStaff: Cfn nrPfletnaffrnaflt Payment VerIf15a bm. Fee Payable In Cashiers Office Room g 104 - Malnfloorof Borough Building ['VILA) Case No. 13 -015 Application Page 2 of 6 g Public hearing Item / -C BOARD OF ADJUSTMENT November 21, 2012 APPEAL PACKET Page '7 of 54 William Wren September 17, 2012 RE: Survey 2735 Tract A Middle Bay 22569 Chiniak Hwy Kodiak AK 99615 Community Development Department 710 Mill Bay Road Kodiak, AK 99615 Planning and Zoning Commission, On November 16. 2011, I was granted s simile! use determination (Case No. 12 -019). The circumstances have changed due to a bleach of contract by the Trucking Company that leased my property. They have left me with RV site that I installed and row are some unoccupied. In order to regain income from this investment I must change this Use Permit to include a broader client base. The Warehouse is no longer needed as a support facility so things are left unoccupied and uncertain. It is my intent now to finish complying with stipulations established by the commission, in the original logging camp similar use determination (Case No. 12 -019). This would be specifically for the 6 RV Sites now in place and change their use to "Recreational Vehicle Park" Chapter 17.165. The plan for this will he situated as show on Plot Plan and As Built included with this application. Due to the inability to afford item (l.) in the Development standards 17.165.040,1 would.like le request an exemption from this requirement (Required Toilet and Shower Facilities) and simply allow only Self - Contained RV's access to the Park only. There are also 10 of more RV spares required in Definitions 17,165.020, which presently there are only 6. I request that be given 3years to complete the water and electric lines to be installed Ind buried. These last 4 spaces would he situated as show on Plot Plan provided. These last 4 spaces also already have sewer in place and would not be rented until brought into compliance at that later date. This is the primary document set forth for this application fot change of use to RV Park and wilt • probably be added to as the date set by the Commission draws near. Thank you for your consideration, Sincerely. William Wren Case No. 13 -015 Application Page 3 of 6 Pubuc Hearing Item / -c November 21, 2012 BOARD OF ADJUSTMENT APPEAL PACKET Page 20 of 54 William Wren Middle Bay Property Dev elopment standards (1'7: 105.040) A. Density. An RV park shall not exceed 25 sites; 1 plan to use tht minimum of 10 sites, B. Area. Contain not less than 1,000 square feet per site; mine as erase 2,000. C. Width. Not Icss than 20 feet wide pet site; mine are 40 feet D. Occupancy. 1. Only accommodate recreational vehicles and tent camping; My Park will only accommodate self - contained recreational vehicles, no tent camping. 2. One mobile home or permanent structure, mobile home shown on plot plan will be used as office. 3. No permanent structure constructed or installed in RV space; none intended, 4. No rental of P.V by owner. only prig ately owner occupied RV patrons allowed, E. Setbacks. 25 feet back from property line facing Public Street; 8 feet from any property line; No public street exists here but plan on using the 25 foot setback as standard. F. Separation, No closer than 10 feet to other RV, this will be exercised. O. Open Space and Play Area Not less than 5 ?4 of the gross area set aside. This is the case and an entire beach will be available to the patron as well. 14. Screening. Fifty percent sight - obscuring; there is no one in sight of this property and (1 request this requirement be exempted). 1. Required Toilet and Shower Facilities; Do to the fact that. all RV's will be self - contained And the high expense to build such a facility, (( request this requirement also be exempted). Case No. 13 -015 Application Page 4 of 6 20 Public Hearing Item / -C BOARD OF ADJUSTMENT November 21, 2012 APPEAL PACKET Page of 54 J. Lighting; during the hews of darkness adequate lighting be maintained. 1 have had 3 new LED yard tights installed and maintained by KEA. on power poles in the Area, lighting up the entire property. • K. Waste Disposal Station; At least one waste disposal station be provided, the sewer dump pipe is installed and will meet Alaska State Regulations. L. Roads; Well Drained, Gravel- surfaced, not less than 12 feet one way and 20 feet two ways for each space this will be met. Vi'aiting on Fire marshals recommendations and might request additional time if expense nuts over 55,000. M. Solid waste Management; A solid waste, management plan is in effect Kith the ,"+tale of Alaska that accommodates 28 individuals. Documentation will be included with other related compliance evidence, Case No. 13 -015 Application Page 5 of 6 aW -- - 40 . 1d Mud RAY S eve;a'/ of ede - - - - - -- -- - - a pa gnash/Of n L r 'Mgr (Q44, 1* m -lieu, ✓ _i f 71 Q A t cn f� jerk iirc / �Cahia ( S are x o✓ - 0/1 mess /Mzr.f' r ratio-(.404141 m • to .. �i: . �/ 10 5 2 0 z ' • . ' i - M o • GU a TA22C' . / " j ao o • mac,:/ / / $. ' _sea cri • • . ��:. / "� !, o-t I Y MJJ• ■ ; < a • f y l to m • 1 CO I{ NJ 7 - 1 _ o1TE PL �1-' rWYtl .•a• *— N t— 7\,... awes �... F+ 3 u . 1 4 ... .R .. ... - _. - -. . Public Hearing Item / - BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 23 of 54 -c_, Kodiak Island Borough ;, _ �, Community Development Department if ", ` � q 710 Mill Bay Road Room 205 ' fi,r'Isi� 1, Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 I .27 , - - h C. ` www.kodiakak.us AE October 17, 2012 Mr. William Wren PO Box 8282 Kodiak, AK. 99615 Re: Case 13 -015. Request a Conditional Use Permit, per KIBC 17.165.030, to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC 17.165.040 A thru M. Dear Mr. Wren: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their November 21, 2012 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, November 14, 2012 at 6:30 p.m. In the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and /or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Staff Sheila Smith, Secretary Community Development Department CC: Case No. 13 -015 Public Comment Page 1 of 4 22.) Public Hearing Item / -C P&Z November 21, 2012 BOARD OF ADJUSTMENT - APPEAL PACKET Pa9MDDIN( ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MITI Bay Road, Kodiak, Alaska 99615 (907)486 -9363 October 17, 2012 Public Hearing Item 7 -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 21, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments If any, on the following request: D) CASE: 13 -015 APPLICANT: William Wren AGENT: REQUEST: A Conditional Use Permit, per KIBC 17.165.030, to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC 17.165.040 A thru M. LOCATION: 22569 Chiniak Highway ZONING: I- Industrial This notice is being sent to you because our records Indicate you are a property owner /interested party In the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 em. on Tuesday. November 6, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396 or you may email them to ssmith@kodiakak.us. if you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call-In telephone number Is 486 -3231. The toll free number Is 1-855.492 -9202. One week prior to the regular meeting, on Wednesday, November 14, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights If you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 13 -015 Public Comment Page 2 of 4 2 1 Public Hearing Item / -C BOARD OF ADJUSTMENT P &Z November 21, 2012 ra APPFAI PAPKFT Pa 2 SA Notification Area Request: A Conditional Use Permit, per KIBC 17.165.030, P &Z Case 13 -015 to allow the establishment of a recreational vehicle park William Wren on Tract A, United States Survey 2735, according to KIBC 17.165.040 A thru M I 1 ..m — / I . 11 11111111111 n till A C 111.1 o 1,i \} 0 n i1 f Kodiak Island Borough GIS �, I: ;,z, Legend w ,, E Feet , "" 0 1,100 2,200 4,400 &KV A Sub'ect Parcel i —`_ —i I_■ — u_I .. 1 S This nmp was pied ban the Meek Said Borough's 018 Byte 11 Is pwWed for the purpose of Owing 1 , 7He map does not represent a suety. Yam Intannation about !he irepphp dada can be abated by contacting a Case No. 13 -015 Public Comment Page 3 of 4 -)C- Public Hearing Item / -C BOARD OF ADJUSTMENT P&Z November 21, 2012 APPEAL PACKET Page 26 of 54 TODD HINER WILLIAM WREN LEISNOI, INC P.O. BOX 671 P O BOX 8284 341 W. TUDOR, STE 204 KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99503 Case No. 13 -015 Public Comment Page 4 of 4 Public Hearing Item J -C BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 2i of 54 MEMORANDUM DATE: November 9, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the November 21, 2012 Regular Meeting CASE: 13 - 01S APPLICANT: William Wren REQUEST: Request A Conditional Use Permit, per KIBC 17.200, to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC 17.165.040 A thru M. LOCATION: 22569675 Chiniak Highway ZONING: I — Industrial Zoning District Three (3) public hearing notices were mailed on October 17, 2012. No (0) public notices have been returned commenting on the request. Date of site visit: Various Lot Size: 5 acres Existing Land Use: Vacant warehousing & logging camp support facilities Surrounding Land Use and Zoning: North: Middle Bay Use: NA Zoning: NA South: United States Survey 2735 Tract D -1 Use: Recreational Zoning: C - Conservation Zoning District East: Remainder of Township 29 South Range 20 West Use: Vacant Zoning: C- Conservation District West: United States Survey 2735 Tract D -1 Use: Recreational Zoning: C - Conservation Zoning District Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this area for Commercial use. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: Case No. 13 -015 Staff Rpt Page 1 of 7 Public hearing Item / -C • BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 28 of 54 Chapter 17.165 RECREATIONAL VEHICLE PARKS 17.165.010 INTENT. The intent of this chapter is to provide minimum acceptable standards for the establishment and permanent maintenance of recreational vehicle parks. 17.165.020 DEFINITIONS. "Recreational vehicle" means a vehicular -type unit primarily designed as living quarters for recreational, camping, or travel use, which either has its own motive power, or is mounted on or drawn by another vehicle and does not meet the definition of a "manufactured HOME." EXAMPLES OF RECREATIONAL VEHICLES ARE TRAVEL TRAILERS, CAMPING TRAILERS, TRUCK CAMPERS, and motor homes. "Recreational vehicle park" means a tract of land upon which at least 10 or more recreational vehicle spaces are located, established or maintained for occupancy by recreational vehicles of the general public. "Recreational vehicle space" means a plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle, or other individual camping on a temporary or permanent basis. 17.165.030 CONDITIONAL USE. Because of their potential impact on adjacent land uses, recreational vehicle parks shall only be permitted as conditional uses in all and districts. 17.165.040 DEVELOPMENT STANDARDS. The following development standards shall be met or exceeded by all recreational vehicle parks prior to the placement or occupancy of any recreational vehicle in the park: A. Density. The average park density shall not exceed 25 recreational vehicle sites per acre. B. Area. Each recreational vehicle space shall contain not less than 1,000 square feet of area. C. Width. Each recreational vehicle space shall be at least 20 feet wide. D. Occupancy. 1. A recreational vehicle park shall only accommodate recreational vehicles and tent camping. 2. One mobile home or permanent structure may be located or installed in a recreational vehicle park for use by persons engaged in the management or operation of the recreational vehicle park. 3. No structure or attachment shall be constructed or installed on any recreational vehicle space, or to any recreational vehicle. 4, The recreational vehicle park owner shall not locate any recreational vehicle in the park for the purpose of renting or leasing the recreational vehicle to another. E. Setbacks. No recreational vehicle space shall be closer than 25 feet to any property line facing a public street or closer than eight feet to any other property line. F. Separation. No part of a recreational vehicle shall be located closer than 10 feet from any other recreational vehicle on an adjacent space. G. Open Space and Play Area. A space containing not less than five percent of the gross area to be developed shall be set aside, designated, equipped and maintained as an open space and play area. The area shall be well- drained and graded, kept free from dust, and kept clean and free from the accumulation of refuse, garbage, rubbish or debris. H. Screening. Fifty percent sight- obscuring screening that is a minimum of six feet in height shall be provided and permanently maintained along all property lines. As an example, Case No. 13 -015 Staff Rpt Page 2 of 7 7 Public Hearing Item / -C BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 29 of 54 appropriate screening could include a fence along the side and rear property lines and landscaped screening with an entrance way along the front property line. I. Required Toilet and Shower Facilities. Toilet and shower facilities will be provided as required by the more restrictive of the borough's currently adopted Uniform Plumbing Code or the state of Alaska public accommodation regulations. J. Lighting. During the hours of darkness adequate lighting shall be maintained at the entrances to restroom facilities and within the restroom facilities. K. Waste Disposal Station. At least one waste disposal station shall be provided in accordance with state of Alaska regulations. L. Roads. Well- drained, gravel - surfaced roadways, not less than 12 feet in width for one -way traffic and not less than 20 feet in width for two -way traffic, shall provide access to each recreational vehicle space. M. SOLID WASTE MANAGEMENT, A SOLID WASTE MANAGEMENT PLAN MUST BE PROVIDED TO AND approved by the borough engineering and facilities department staff. Chapter 17.200 CONDITIONAL USE PERMITS 17.200.010 INTENT. It is recognized that there are land uses which are generally considered appropriate in certain zoning districts; provided, that controls and safeguards are applied to ensure their compatibility with permitted principal uses. The conditional use permit procedure is intended to allow consideration of the impact of the proposed conditional use on surrounding property, and the application of controls and safeguards to assure that the conditional use will be compatible with the surrounding area. 17,200.030 SITE PLAN. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.200.050 STANDARDS. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. Case No. 13 -015 Staff Rpt Page 3 of 7 �� Public Hearing Item PC BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 30 of 54 17.200.060 STIPULATIONS. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with the surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. COMMENTS ON THE REQUEST In November 2011, the applicant received a Similar Use Determination from the Commission (Case No. 12 -019) that allowed the establishment of a logging camp and support facility, subject to five Stipulations of Approval'. The Commission established a six month timeline for the applicant to obtain all required permits prior to establishing the use. The applicant failed to meet the timeline requirement The applicant is now proposing to modify that original request, by expanding the projected clientele to include the general public, and is requesting a Conditional Use Permit in order to develop a ten (10) space Recreational Vehicle Park (RV Park). The application includes requests for a "phased project ", recognition of voluntarily imposed exclusions, and deviations from existing development standards for recreational vehicle parks. As noted above, RV Parks are only allowed as Conditional Uses in all zoning districts. The language is rather pejorative in nature, and staff is at a loss to offer a logical rationale for the wording — the code certainly does not provide any example of "their potential Impact on adjacent land uses ", but the phrase is clearly meant to convey a negative impression of the use. (On the other hand, given the RV industry's upscale changes over the last 30 years, a very plausible argument can be made that the potential impact on adjacent land uses would be positive in direction.) Conditional Uses are land uses which are generally considered appropriate in certain zoning districts; provided, that controls and safeguards are applied to ensure their compatibility with permitted principal uses. A recreational vehicle park is undoubtedly a residential use. However, the industrial zoning district only allows a watchman's dwelling unit (singular) as a permitted residential use. Nor is there a residential use listed as a conditional use in the industrial zoning district. The code categorizes residential uses as incompatible with industrial uses. The prior similar use determination threaded the needle by finding that the proposed use was similar in character and impact to a permitted seafood processing and dormitory (residential) use. In this case, staff feels that the same recognition of similarity may be found to be justifiable by the adoption of prohibitions against industrial uses that occur simultaneously with residential uses. 1 Appendix page 1 &2 of 9 2 Appendix page 3 of 9 cf Case No. 13 -015 Staff Rpt Page 4 of 7 Public Heanng Item 1 -C BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 31 of 54 This request for conditional use relies upon a finding by the Commission that the proposed use is not only similar to a permitted use, but that the use can be established in a location, and in a manner, that meets four review standards. The character of the area is a rural, large -lot neighborhood, and improved, to the most extent, with modern residential buildings. Resident's activities range from the pastoral to the low -key agrarian in nature. Naturally occurring vegetation screens the widely dispersed residences from one another. The subject property is five acres in size and the applicant is requesting 10 well dispersed spaces. Maximum allowable density is 125 spaces. At less than one tenth the allowable density, the request is quite modest and will, by default, maintain the rural feel of the neighborhood. KIBC 17.165.040 lists 13 development standards, (and 4 sub - standards), that apply to the construction of recreational vehicle parks. Prior to receiving zoning compliance for the RV Park, the applicant will have to demonstrate compliance with these individual standards, or show that deviations have been specifically approved. The applicant is requesting a three year phased development. Starting with the six existing spaces authorized in the previous case, and then, as revenues allow, the completion of four additional spaces. However, KIBC 17.200.070 mandates that a conditional use be permitted within a two -year time frame to be valid. The applicant is also requesting permission to deviate from the requirement that the RV Park develop and maintain a separate shower and toilet facility. The rationale is that today's modern RVs are self- contained and that by applying a prohibition against any camping units that are not self- contained, this standard is needlessly burdensome and expensive. The applicant also requests permission to deviate from the requirement for screening. There is a requirement for 50% sight- obscuring fencing, a minimum of six feet in height, to be installed along all property lines. Indirectly, the applicant is proposing that the separation distances between RV units and the nearest residential structure, in combination with the naturally occurring vegetation will provide sufficient sight obscuration. The applicant is required to obtain all pertinent power, water, sanitation, and garbage disposal plans, inspections, and permits, and to show that such infrastructure has been installed in a workman like and safe manner. Public safety, convenience, and comfort may also be addressed by the mere presence of a RV Park in the area. Instances of unauthorized camping, private property despoliation, as well as unsightly, unsanitary, and illegal dumping of wastes may be diminished as the service becomes available. The current Recreational Vehicle Park code was formulated in another era, and was designed to apply to locations in much more urban settings than the subject's location. Requirements for separate shower and toilet facilities more or less presume the availability of public water and sewer services. Requirements for setbacks and or buffers presume the elbow- chaffing presence of abutting neighbors. Fashioning stipulations attached to the decision that limit the applicant's activity, serve to ensure that the intent of the conditional use chapter is carried out. Case No. 13 -015 Staff Rpt Page 5 of 7 9 Public Hearing Item / -C BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 32 of 54 RECOMMENDATION Staff recommends that the Commission find the Recreational Vehicle Park use consistent with the standards fora conditional use permit as set forth in KIBC 17.200. Recommended Motion Move to grant a Conditional Use Permit, per KIBC 17.200, to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC 17.165.040 A thru M, subject to seven (7) attached Stipulations, and to approve the findings of fact in that staff report dated November 9, 2012, as Findings of Fact for Case No. 13 -015. Findings of Fact In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value. spirit. character and integrity of the surrounding area. The proposed recreational vehicle park use will preserve the value, spirit, character and integrity of the surrounding area so long as the park is developed in accordance with an approved plan, and in conformity with the applicable development standards in KIBC 17.165. B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. While the plan presented for this CUP is conceptual in nature, the project will be required to undergo a thorough zoning compliance review. Stipulations attached to this decision will ensure that the development meets, or exceeds, minimally acceptable standards of development. Recognizing the maturation of the RV industry and the innovations in RV unit design and construction, the Commission has waived certain development standards where appropriate. C. That granting the conditional use permit will not be harmful to the public health. safety, convenience and comfort. So long as the development standards of the code are met, the use should not be harmful to the public health, safety, convenience and comfort. Having a designated and maintained RV Park may be a benefit to the public if it provides an alternative to unregulated RV parking and camping in undesignated and potentially unsuitable areas along the Kodiak Road System. D. That the sufficient setbacks. lot area. buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Due to the large lot size and rural location it appears that the site will not require any additional buffers, setbacks or safeguards are needed in order to meet the conditions identified in subsections A through C above. Case No. 13 -015 Staff Rpt Page 6 of 7 ice• Public Hearing Item / -C BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 33 of 54 Stipulations Attached to Approval [1] The applicant is limited to a two -year time frame (from the date of the decision) for the completion of the phased development. [2) The applicant is prohibited from letting out any RV space without first presenting all required documentation and permits and obtaining a zoning compliance permit. [3] The applicant must present a legible park plan that details the specifications for development as listed in KIBC 17.165.040 with the request zoning compliance. [4] The Commission waives the requirement for a separate shower and toilet facility. [5) The applicant, and assigns, is prohibited to let out any RV space to any unit which is not a fully functioning self- contained unit. A self - contained unit is one which provides shower and toilet facilities supplied with running hot and cold water. [6] The Commission waives the requirement for a 50% sight - obscuring fence, a minimum six feet in height, to be erected along the property lines. [7] The applicant is prohibited from re- establishing any permitted industrial use on the property so long as the residential use exists. a Appendix page 1 of 9 Stipulation 4, a through d. Case No. 13 -015 Staff Rpt Page 7 of 7 11 Public Hearing Item / -C BOARD OF ADJUSTMENT P&Z November 21, 2012 APPEAL PACKET Page 34 of 54 ,�;�� Kodiak Island Borough 14F Community Development Department .a f (f' I` y' ,7 ) 710 Mill Bay Road t j� -• Kodiak, Alaska 99615 ^ Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us November 17, 2011 Mr. Bill Wren PO Box 8284 Kodiak, AK 99615 Re: Case 12 -019. Request a Similar Use Determination, per KIBC 17.15.090 A, finding a logging camp and support facility are similar in character and impact to a permitted seafood processing and dormitory use. Dear Mr. Wren: The Planning & Zoning Commission, at their regular meeting on November 16, 2011, determined that the request referenced above was similar in character and impact to a permitted seafood processing plant and dormitory use and granted the request subject to stipulations and the commission adopted findings of fact in support of their decision. STIPULATIONS 1. The use and layout of the site will be limited to the extents of the use described in the site plan and related narrative submitted by the applicant for this case. Any substantial change or expansion of the use will require a new review to determine that it remains consistent with similar use determination. 2. The similar use .is deemed to be short-term and temporary in nature and as such is only allowed to operate on this site for a maximum of five (5) years from the date of commission approval. 3. The property owner shall obtain all after -the -fact permits for the utilization and re- development of the site as though this were a new use being proposed for development of this site. 4 Specific approvals that the property owner is required may include, but is not limited to. a: a. zoning compliance permit b. ADEC approval of wastewater systems c. inspection of the access road by the Fire Marshal for adequacy under the applicable fire code provision for driveways supporting the uses on this site. d. building permit and inspections for utility connections, tie downs, and other related items. Case No. 13 -015 Appendix Page 1 of 9 Public Hearing Item / -C BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 35 of 54 The applicant will have six (6) months from the date of commission approval to obtain all required permits for this project. 5. During the duration of this temporary (similar) use the property owner is not permitted to establish any other industrial uses on the site unless the logging camp and support facility use has been terminated or relocated to another legal location. Findings of fact in support of this decision is as follows: FINDINGS OF FACT 1. This similar use determination is based upon the information submitted by the applicant, a review of applicable zoning requirements and the physical attributes of the site and surrounding area. 2. The proposed logging camp and support facilities, subject to certain stipulations, is determined to be similar in character and impact to a permitted seafood processing establishment and related dormitories, allowed as a permitted use in the I- Industrial zoning district. 3. The proposed logging camp and support facilities are considered to be a temporary use in this area due to the nature of timber harvest and the long time required before a new harvest will be required in this area once the current harvest is completed. 4. The Logging Camp use utilizes travel/camping trailers as dwelling units. Travel/camping trailers are designed for occasional and long term camping, but are not designed, nor are they intended to be used, as permanent dwelling units in any context. 5. This is an after- the-fact review and, as such, any permits that would have been properly required prior to the establishment of the land use will now have to be obtained as "after -the- fact" permits. The granting of a similar use determination does not excuse the property owner developer from all local, state and federal rcgulations. An appeal of this decision may be initiated by 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments, by filing a written notice of appeal to the Borough Clerk within ten (10) working days of the date of this decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the $350 appeal fee. Therefore, the decision will not be final and effective until ten (10) working days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486 -9310. Should you have any questions regarding the determination please feel free to contact the Community Development Department at 486 -9363. Sincerely, C'leAQQ ` rit.t.VJ Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Case No. 13 -015 Appendix Page 2 of 9 Public Hearing Item / -C BOARD OF ADJUSTMENT P &Z November 21, 2012 AP' - _ . ET Page 36 o A of Island Borough ; {c?, Community Development Department a it 710 Mill Bay Road 4-46," ti °" • Kodiak, Alaska 99615 7.1 ;! ,z ' ert -, ; , Phone (907) 486 -9363 Fax (907) 486 -9396 ' o 9 www.kodiakak.us i July 27, 2012 Notice of Violation and Order Via: Certified Mail — Return Receipt Requested Receipt No: 7009 1410 0000 9500 4198 Reference: U.S. Survey 2735 Tract A Middle Bay / 22569 Chinlak Hwy, Kodiak, AK 99615 Zoning: I - Industrial Zoning District Mr. William Wren Post Office Box 8284 Kodiak, AK 99615 Dear Mr. Wren, The Kodiak Island Borough Planning and .Zoning Commission, at their regular meeting on November 16, 2011, granted your request for a siinilar use determination finding a logging camp and support facility to be similar in character and impact to your property's permitted seafood processing plant -and. dormitory use (Case No. 12 -019). On November 17, 2011, the community Development Department provided you with correspondence (copy enclosed) notifying you that the granting of that similar use determination was subject the following stipulations established by the commission; 1. The Use and layout of the site willbe'limited to the extents of the use described in the site plan and related narrative submitted by the applicant for this case. Any substantial change or expansion of the use will require a new review to determine that it remains consistent with the similaruse determination. 2. The similar use is deemed to be short-term and temporary in nature and as such is only,ailowed °to operate,on site fora maximum of five (5) years from the date of commission approval. 3. The property owner shall obtain all after - the -fact permits for the utilization and redevelopment of the site as though this were a new use being proposed for development of this site. 4. Speak, approvals that the property owner is required may include, but is not Iimited1o;'a: a. Zoning•Cornpliance Permit b. ADEC approval -of wastewater systems c. Inspection of the access road by the Fire Marshal for adequacy under the applicable fire code provision for driveways supporting the uses on this site. d. Building permit and inspections for utility connections, tie downs, and other related items. The applicant will have six (6) months from the date of commission approval to obtain all required permits for this project. \ \dove\departments\GD \CD-17 Property Files \United States Surveys\USS 27351USS 273518 A Middle Bay\Stipulation Violation .docx Pagel of 3 t Case No. 13 -015 Appendix Page 3 of 9 1 Public Hearing Item BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 37 of 54 e. During the duration of this temporary (similar) use, the property owner is not permitted to establish any other industrial uses on the site unless the logging camp and support facility use has been terminated or relocated to another legal location. To legally use your property as a logging camp and support facility, these stipulations mandated that you acquire specific approvals and that you obtain all of the required permits for this project by May 16, 2012 (six months from the date of the Commission's approval). As of the date of this correspondence, you have not obtained the required permits, nor have you provided documentation of having acquired the listed approvals. In addition, we have found that you are advertising recreational vehicle rental spaces on the property through a local realtor (copy of Alaska One Realty website rental advertisement enclosed). The rental of RV space on your property is beyond the scope of the use established in the site plan and narrative you submitted this case. Due to this, a new review by the Planning and Zoning Commission Is, required and no such review has taken place (see stipulation no. 1 above). _ As a result of our findings, the Community,Development Depa`rtment,has determined the current use of the above identified property is contrary to \the\requirements prescribed by the following Kodiak Island /Borough, Title 17 (Zoning) ;Chapter 17.15 • (General Provisions and Use Regulations) Code: 17.15.020 Conformity with regulationstequlred No building, part of a buildingrorany land.shalPbe used, occupied, erected, moved, or altered unless in conformity- with provisions of this title for the district in which the building or land is located. Ott +81- 54- 0:f1; 1981; prior code Ch. 5 subch. 2 §1A. Formerly §17.0.020]. �> Accordingly, you are noti that a violation. of Island Borough Code 17.15.020 exists on the property described as U.S. Survey 2735 Tract A Middle Bay aka 22569 Chiniak Higghway;,Kodiak 'SAK. With the/ Fthonty found irrtKodiak — Island 'Bo Code 17.210.010, which reads in pa A. The i zoning officer may%rder: 1. The of Unlawful uses of land or structures; You are hereby ordered to cease and desist the following; 1._ The use of the above identified property as a logging camp and support facility. 2. The rental of recreational vehicle spaces on the above identified property. 3. The use of recreational vehicles for any purpose other than storage on the above identified property. According to standard policy, a thirty (30) day deadline (from the date of this correspondence) is now established by administrative decision for you to abate this violation, and to achieve compliance with the applicable zoning district standards. Failure to comply with the requirements of the Kodiak Island Borough Code may subject you, the property owner, to certain civil penalties. \dove\departments \CD1CD-17 Property FilesWnited States SurveysIUSS 27351USS 2735 TR A Middle Bay\Slipulation Violation .docx Page 2 of 5 Case No43 -015 Appendix Page 4 of 9 /� Public Hearmg Item / -C BOARD OF ADJUSTMENT P&Z November 21, 2012 APPEAL PACKET Page 38 of 54 Per Kodiak Island Borough Code 17.210.030 Penalties and remedies. A. A person who violates any provision of this title, an order issued under KIBC 17.210.010(A) or any term or condition of a conditional use, variance or other entitlement issued under this title, is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than $300.00, in addition to the surcharge required to be imposed under AS 12.55.039. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under KiBC 17.210.010(A), or any term or condition of a conditional use, variance or other entitlement issued under this chapter; or to obtain darrnages for any injury the plaintiff suffered as a result of a violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened'yiolation, the superior court shall enjoin the violation. C. Each act or condition violating this title, any _ order; issued under KIBC 17.210.010(4, or any term or condition of a,conditional'use, `variance, or other entitlement issued under this title, and each,,day'during which'the `act or condition exists, continues or is repeated shall beta separate,and distinct violation D. The penalties provided for violation of this chapter are in addition to'and not in lieu of any other penalty provided for state law or any civil remedy available to the borough. In the event that you disagree with this determination, you have certain rights of appeal. Per Kodiak Island Borough"Co`de,17220 Commencement of appeal — Stay. A. A decision of the community development department director is final unless appealed to the commission within 10 working days of receipt of notification of the decision. B. An appeal is commenced by filing withithe community development department a written notice af`appeel „specifically stating /the reason for the appeal and the relief sought; and payment of the appropriatefee. Upon commencement of an appeal, the decision from is stayed_ until,thedecision on appeal becomes final. r . Failure to with the requirements of this notice by August 26, 2012, will result in the further enforcement action required to ensure such compliance. That enforcementaction will include the forwarding of this file to the Borough Attomey in the pursuitof possible legal 'remedy. Please feel freezto;contactme at (907) 486 -9364 with any questions or concems you may have regarding this orrespondence. Respectfully, Jadc L. Maker, Code Enforcement Officer Il \departments \CD1CD -17 Property FIIes United States @ u v 3 1USS 2735\USS 2735 TR A Middle Bay%Stiputation Violation Case No. 13 -015 Appendix Page 5 of 9 3 Public Hearing Item / -L BOARD OF ADJUSTMENT P &z November 21, 2012 APPEAL PACKET Page 39 of 54 Cc: Mr. Duane Dvorak, Interim Director, Community Development Department Mr. Bud Cassidy, Interim Manager, Kodiak Island Borough Ms. Cheryl Brooking, Borough Attomey Mr. Doug Mathers, Building Official Mr. Rome Kamai, Fire Chief, City of Kodiak Fire Department Mr. William Reith, Environmental Engineer, ADEC Ms. Darlene Williamson, Property Manager, Alaska One Realty Planning & Zoning Commission Complainant File: USS 2735 TR A Middle Bay Enc: Notice of Granted Similar Use Determination, Alaska One Realty Website Advertisement Wove \departments \CD1CD -17 Property Files \United States Surveys \USS 2735\USS 2735 TR A Middle Bay \Stipulation Violation .docx Page 4 of 5 Case No. 13 -015 Appendix Page 6 of 9 PUDIIC hearing Item /-C BOARD OF ADJUSTMENT P&Z November 21, 2012 APPEAL PACKET Page 40 of 54 Rental 1 22569 Chiniak Highway (Old Middle Bay Cannery) .Kodiak, Alaska • 4 LoURV Space ' „ • a Ocean Front icts • All Utilities Included! • Month to Month $650 /Month per Lot/RI/Space Alaska One Realty webslte advertisement fui RV_rental space on the referenced pronely. 1 1 t l l v \Idove\departmentMCD\CD -17 Property FJes\Untted States 5urveys \USS 27351USS 2735 TR A Middle Bay\Stipulation Violation .docx Page 5 of 5 Case No. 13 -015 Appendix Page 7 of 9 �F Public Hearing Item / -C BOARD OF ADJUSTMENT P &Z November 21, 2012 APPEAL PACKET Page 41 of 54 Kodiak lsiand Borough P Community Development Department a • ff1Y V 710 Mill Bay Road } ll+ Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us November 17, 2011 Mr. Bill Wren PO Box 8284 Kodiak, AK 99615 Re: Case 12-019. Request a Similar Use Determination.. per KJBC 17.15.090 A, finding a logging camp and support facility are similar in character and impact to a permitted seafood processing and dormitory use. Dear Mr. Wren: The Planning St Zoning Commission, at their regular meeting on November 16, 2011, determined that the request referenced above was -similar in character and impact to a permitted seafood processing plant and dormitory use and granted the request subject to stipulations and the commission adopted findings of fact in support of their decision. STIPULATIONS 1. The use and layout of the site will be limited to the extents of the use described in the site plan and related narrative submitted by the applicant for this case. Any substantial change or expansion of the use will require a new review to determine that it remains consistent with similar use determination. 2. The similar use is deemed to be short-term and temporary in nature and as such is only allowed to operate on this site for a maximum of five (5) years from the date of commission approval. 3. The property owner shall obtain all after - the -fact permits for the utilization and re- development of the site as though this were a new use being proposed for development of this site. 4. Specific approvals that the property owner is required may include, but is not limited to, a: a. zoning compliance permit b. ADEC approval of wastewater systems c. inspection of the access mad by the Fire Marshal for adequacy under the applicable fire code provision for driveways supporting the uses on this site. d. building permit and inspections for utility connections, tie downs, and other related items. Case No. 13 -015 Appendix Page 8 of 9 Public Hearing Item / -C BOARD OF ADJUSTMENT P&Z November 21, 2012 APPEAL PACKET Page 42 of 54 The applicant will have six (6) months from the date of commission approval to obtain all required permits for this project 5. During the duration of this temporary (similar) use, the property owner is not permitted to establish any other industrial uses on the site unless the logging camp and support facility use has been terminated or relocated to another legal location. Findings of fact in support of this decision is as follows: FINDINGS OF FACT 1. This similar use determination is based upon the information submitted by the applicant, a review of applicable zoning requirements and the physical attributes of the site and surrounding area. 2. The proposed logging camp and support facilities, subject to certain stipulations, is determined to be similar in character and impact to a permitted seafood processing establishment and related dormitories, allowed as a permitted use in the I- Industrial zoning district. 3. The proposed logging camp and support facilities are considered to be a temporary use in this area due to the nature of timber harvest and the long time required before a new harvest will be required in this area once the current harvest is completed. 4. The Logging Camp use utilizes travel/camping trailers as dwelling units. Travel/camping trailers are designed for occasional and long term camping, but are not designed, nor are they intended to be used, as permanent dwelling units in any context. 5. This is an after- the -fact review and, as such, any permits that would have been properly required prior to the establishment of the land use will now have to be obtained as "after-the- fact" permits. The granting of a similar use determination does not excuse the property owner developer from all local, state and federal regulations. An appeal of this decision may be initiated by, 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments, by filing a written notice of appeal to the Borough Clerk within ten (10) workutg days of the date of this decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the $350 appeal fee. Therefore, the decision will not be final and effective until ten (10) working days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486 -9310. Should you have any questions regarding the determination please feel flee to contact the Community Development Department at 486 -9363. Sincerely, CsiIead°. stn 1G Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Conunission Case No. 13 -015 Appendix Page 9 of 9 �' BOARD OF ADJUSTMENT APPEAL PACKET Page 4 of 54 TODD HINER WILLIAM WREN LEISNOI, INC P.O. BOX 671 P 0 BOX 8284 341 W. TUDOR, STE 204 KODIAK, AK 99615 KODIAK, AK 99615 ANCHORAGE, AK 99503 (7. - BOARD OF ADJUSTMENT AP • - •t ' . t T Page 44 of 54 Kod island Borough K - a a f a` Community Development Department ' 710 Mill Bay Road r _ f ' 1 • . : . Kodiak, Alaska 99615 t e+7 .r: Phone (907) 486 -9363 Fax (907) 486 -9396 , www.kodiakak-us November 28, 2012 Mr. William Wren PO Box 8284 Kodiak, AK 99615 Re: Case 13 -015. Request for conditional use permit, in accordance with KIBC17.165.030, to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC 17.165.040 A thru M. Dear Mr. Wren: The Kodiak Island Borough Planning and Zoning Commission at their meeting on November 21, 2012, granted the conditional use permit request cited above, subject to the following stipulations: I. The applicant is limited to a two-year time frame (from the date of the decision) for the completion of the phased development. 2. The applicant is prohibited from letting out any RV space without fast presenting all required documentation and permits , and obtaining a zoning compliance permit. 3. The applicant must present a legible park plan that details the specifications for development as listed in KIBC 17. 165.040 with the request zoning compliance. 4. The applicant is prohibited from re-establishing any permitted industrial use on the property so long as the residential use exists, THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. An approved conditional use permit must be permitted within a two-year period to be valid. Please contact this office for further details. According to KIBC 17.200.080: The commission's action be- appealed to the assembly by any party iy'filing a written Donee of appeal with the Borough Clerk within twenty (20) calendar days of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and Is accompanied by the $350 appeal fee. Therefore, the Commission's decision will not be final and effective until twenty (20) days following the decision. This letter shall constitute the conditional use permit. Please bring it when you come to our office to obtain zoning compliance for any construction on the property. The Commission adopted the following findings in support of their decision: • BOARD OF ADJUSTMENT APPEAL PACKET Page45of 54 FIND/NOS OF FACT A. That the conditional use will preserve the valve, spirit. character and integrity of the surronndinz area. The proposed recreational vehicle park use will preserve the value, spirit, character and integrity of the surrounding area so long as the park is developed in accordance with an approved plan, and in conformity with the applicable development standards in KIBC 17.165. B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question, While the plan presented for this CUP is conceptual in nature. the project will be required to undergo a thorough zoning compliance review. Stipulations attached to this decision will ensure that the development meets, or exceeds, minimally acceptable standards of development. Recognizing the maturation of the RV industry and the innovations in RV unit design and construction, the Commission has waived certain development standards where appropriate. C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. So long as the development standards of the code are met, the use should not be harmful to the public health, safety, convenience and comfort. Having a designated and maintained RV Park may be a benefit to the public if it provides an alternative to unregulated RV parking and camping in undesignated and potentially unsuitable areas along the Kodiak Road System. D. That the sufficient setbac lot area, buffers or other safeguards are being arovided to meet the conditions listed in subsections A through C of this section. Due to the large lot size and rural location it appears that the site will not require any additional buffers, setbacks or safeguards are needed in order to meet the conditions identified in subsections A through C above. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9363. Sincerely, Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission 4-J BOARD OF ADJUSTMENT APPEAL PACKET Page * of 54 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES November 21, 2012 Regular Meeting 6:30 p.m. in the KIB Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the November 21, 2012 regular meeting of the Planning & Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance ROLL CALL Commissioners present were Bill Kersch, Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg. Excused was Brent Watkins (amended at the December 19, 2012 regular meeting). A quorum was established. COMMISSIONER VINBERG MOVED to excuse Brent Watkins. Motion failed due to a lack of a second. Community Development Department staffpresentwas Martin Lydick and Sheila Smith APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMISSIONER SCH MOVED to approve the minutes of October 17, 2012 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS Local Telephone Number 486 -3231 Toll Free Number 855 -492 -9202 A) CASE 13 -013. Request a rezone, according to IUBC 17.205.030 C, to rezone Lot 1 Alagnak Acres, from 11-2 Two Family Residential Zoning District - B - Business Zoning District. The applicant Is Alagnak, Inc. The location is NHN Cove Drive and the zoning is R2- Two - family Residential. Lydick state this rezone request was submitted by the applicant in an effort to assemble a consolidated lot unhindered by split lot zoning. The current use of the residential lot supports the business activity located on the Business zoned property immediately behind. The failure to follow through with the requirement to separate the business zoned property from the residentially zoned property with sight - obscuring fencing has resulted in a situation where the property owner utilizes both properties as one entity. This supporting role is a violation of Title 17. If the original Conditions of Approval attached to the Commission's decision in Case No. S98 -007 (Wal -Mart subdivision) had been met, the violation could not exist Forty three (43) public hearing notices were mailed on October 17, 2012.One notice has been returned opposing this request. Staff is 11/21/2012 Page 1 of 9 P&Z Minutes BOARD OF ADJUSTMENT APPEAL PACKET Page4r f 54 recommending the Commission deny this request for rezone and submit a recommendation of disapproval to the Assembly. COMMISSIONER SCHMITT MOVED to recommend the rezone of Lot 1, Alagnak Acres Subdivision fa9Jn R2 -Two Family Residential in B- Business and forward this case to the borough assembly with a recommendation for approval and to adopt the findings in support of an approval. The public hearing was opened. Public testimony was given by: Carlie Malley stated she's the Alagnak Property Manager for the property in question. The request for having a solid commercial request is that it's currently being operated by a business and they've asked to have a building modification which we've received word that our building permits will be denied based on the split zoning. Being that this business has been operating commercially on this property and we believe there isn't any intent to move this property into a type of residential. We request it be commercial property. Kathleen Ballenger stated she owns 351 Shahatka Circle and she's opposed to the rezone based on what the staff is saying, Cove Drive is certainly not a thoroughfare that's going to be able to withstand more traffic. Her feeling at one time was all this was designated residential and piecemealed into different areas. She is adamantly opposed to this rezone. The public hearing was closed. Brief discussion ROLL CALL VOTE FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings in the staff report dated November 3, 2012 supporting the denial of the rezone from R2 -Two Family Residential to B- Business as FINDINGS OF FACT for this case. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment, The principal justification presented in this case to rezone this parcel to B- Business is because that is how the property is currently being utilized. The commission finds that such a rezone will have sharp impacts to the existing residential level road serving this area and that its future use is not suitable or compatible with the residential neighborhood character of this area. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan, The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this lot for Urban Residential uses and the lot size makes it practical to develop In a manner consistent with its existing zoning. In this regard, this request is Inconsistent with the objectives of the comprehensive plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) CASE 13 -014. Request a Title 18 Land Disposal Review, per KIBC 18.20.030 A, to consider the combined disposal for fair market value by direct negotiation of approximately 19,500 square feet of borough land adjoining Lot 2B, Block 9, Miller Point Subdivision, 1st Addition, according to MC 18.20.060 A, and, IUBC 18.20.070 A. The applicant is Lawrence J. Van Daele. The location is 3391 Antone Way and 961 Mallard Way (Northstar Elementary School). The zoning Is RR -1 - Rural Residential Zoning District, and PL- Public Use Zoning District. Lydick stated this request for a Borough land disposal has been initiated by the adjoining property owner. The applicant's stated purpose for the disposal is to provide buffering for his existing residential investment. The applicant's current land area totals 25,264.8 square feet. Combined 11/21/2012 Page 2 of 9 P&Z Minutes BOARD OF ADJUSTMENT APPEAL PACKET PageLNof 54 with the aggregate land area of the requested disposal, the total land area would be 44,764.8 square feet Located in a RR -1 Rural Residential Zoning District, with municipal water and sewer available, the total combined land area would technically allow for the subdivision of one additional residential lot. Although the current land owner confesses no such intent, successor owners would not be bound to maintain a consolidated lot without express title restrictions. Sixty one (61) public hearing notices were mailed on October 17, 2012. One (1) comment has been returned non- objection to the request. Staff is recommending the Commission forward a favorable recommendation for the disposal to the Assembly. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013- 05 recommending disposal of a portion of Lot 1A, Block 6, Miller Point Alaska Subdivision and a portion of Lot 2A, Block 9, Miller Point Alaska Subdivision First Addition, generally located between Antone Way and North Star Elementary School, by direct negotiation with the applicant for fair market value. The public hearing was opened and public testimony was given by: Bob Scholze stated this is a disposal request and it immediately precedes the staff report that Dvorak wrote. There 1s an odd shaped property that is being requested for disposal. The 2 main things they looked at in developing a staff recommendation, the first is this property surplus to the borough needs and in this case with the topography we decided it's more connected with the applicant's property probably than it is with the school property. The second point addressed was maintaining the integrity of the school site and that can be done while making this disposal as requested. In response to COMMISSIONER VINBERG Inquiry that the disposal of the property is actually a part of the actual major school property that wraps around Mr. Van Daele's property and then a portion of the lot, Scholze stated it borders two sides of his property. In response to COMMISSIONER KERSCH'S inquiry that the proposal is to cut an existing lot in half on Lilly Drive, Scholze stated about 8 pages back he took the same photo and it may show up better with the red boundary if you page back what is currently borough land and that the adjoining property owner is requesting, and it's Antone Way. KERSCH said back to this GIS map, basically the road that goes to Northstar Elementary School goes right through the middle of one lot, correct, Scholze responded yes, it's an access drive. KERSCH said if we were to move it over through this other Kodiak Island Borough lot we would actually have an entire building lot right there, correct, so the fair market value for an entire building lot would be greater than what we get for a half of a lot at fair market value and we'll end up with no value, Scholze said yes, you're correct, there would be some value but it wouldn't be. KERSCH said potentially the borough isn't making a good financial decision with this because that's actually a buildable lot, we're going to cut in half and make it unbuildable and your argument was that we need more buildable lots. KERSCH doesn't see that as a valid argument. Scholze said there was no intent on moving that road, it's essential for access to the school. KERSCH said he's just trying to come up with another way to have a buildable lot, if we cut this in half we have just taken a buildable lot off the rolls. Scholze said you are right but I don't think it will ever be used that way. Scholze stated there could end up being 2 lots here anyway since the adJoiner can then further subdivide. Larry Van Daele stated he's the applicant and lives on Lot 2B adjacent to Northstar School and what our intent is to provide a buffer, not a bear sanctuary, a buffer from 6th grade boys and stray dogs coming onto the property. The lots outlined on here are very steep, nothing the borough could ever use for any real activities and by purchasing it at fair market value we would be giving money to the borough for something that they normally wouldn't be able to use. It was his understanding that that lot and the adjacent lot is primarily there for school use and not for subdivision in the future. It's a place for a parking lot should the school expand. He said the superintendent looked at this proposal and had no opposition to it. We feel that taking this buffer onto our property and buying 11/21/2012 Page 3 of 9 P&Z Minutes BOARD OF ADJUSTMENT APPEAL PACKET PagelEof 54 from the borough and putting it on the tax rolls we will be helping the borough with surplus property. COMMISSIONER VAHL inquired about what he means about seeking a drainage easement with the borough, Van Daele said he's not sure If there's a utility easement on the back side and we would not be seeldng to vacate the easement. COMMISSIONER SCHMITT asked Van Daele to talk about the topography of Lot 1, Van Daele said Lot 1 was filled in in the 90's and right now its being used for people who want to tear up their 4 wheelers and trucks. There used to be a creek that went toward Island Lake but it has been filled in for about 20 years now. The public hearing was closed. Brief discussion COMMISSIONER SCHMITT MOVED to amend the motion to add one condition of approval that the land shall be re- platted to become part of Lot 2B and there will be a plat note that the new lot shall not be subdivided. CONDITION OF APPROVAL 1. The land shall be re- platted to become part of Lot 2B and there will be a plat note that the new lot shall not be subdivided. ROLL CALL MOTION TO AMEND CARRIED 4 -1. The ayes were Alan Torres, Alan Schmitt Rick Vah4 and Sonny Vinberg. The no was BIB Kersch. ROLL CALL ON AMENDED MOTION CARRIED 4 -1. The ayes were Alan Torres, Alan Schmitt Rick Vahl, Sonny Vinberg. The no was Bill Kersch. CHAIR TORRES brought it to staffs attention that the date needs to be changed on the resolution. Staff said that can be changed before the chair signs it. FINDINGS OF FACT 1. The commission has reviewed the proposed disposal and finds the identified portions of land to be surplus to the public need. 2. The borough has continued to assemble land around North Star Elementary since its original development to allow for future school expansion but the areas identified for disposal don't appear to be needed for that purpose. 3. A portion of the disposal area will still need to be preserved for drainage use and this can be addressed by a drainage easement during a subdivision and replat review. 4. With this disposal the assembly can balance the need for school expansion with the need in the community for more residential development by fine tuning the boundaries of the school site and disposing of unneeded land to an adjoining land owner who can make something of it COMMISSIONER SCHMITT MOVED to adopt the findings in the staff report dated November 8, 2012 supporting this motion as Findings of Fact for this case. ROLL CALL VOTE CARRIED 4 -1. The ayes were Alan Torres, Alan Schmitt Rick Vahl, and Sonny Vinberg. The no was Bill Kersch. C) CASE 13-015. Request a Conditional Use Permit, per KIBC 17.165.030, to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC 17.165.040 A thru M. The applicant is William Wren. The location is 22569 Chiniak Highway and the zoning Is I- Industrial. Lydick stated this request for a conditional use permit in order to establish an RV Park on the subject property is a requirement of KIBC 17.165.030 which reads; "Because of their potential 11/21/2012 Page4of9 P&ZMinutes C • BOARD OF ADJUSTMENT APPEAL PACKET Page 50 of 54 impact on adjacent land uses, recreational vehicle parks shall only be permitted as conditional uses in all land districts." The petitioner is requesting an expansion of a previously granted similar use determination that found limited development of recreational vehicle / mobile home spaces was similar in character and impact to a permitted use of logging camp and support facilities. Development was limited to six (6) spaces. Two issues are important in staffs perspective; 1) that the Commission forecloses the opportunity available to the applicant to defeat the efficacy of zoning enforcement action through administrative requests, and 2) the paramount Importance of segregating industrial uses from residential uses. Three (3) public hearing notices were mailed on October 17, 2012. No (0) notices have been returned commenting on the request. Staff is recommending the Commission grant the request for a conditional use permit, with seven (7) stipulations attached to the approval. COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit, per KIBC 17.200, to allow the establishment of a recreational vehicle park on Tract A, United States Survey 2735, according to KIBC 17,165.040 A thru M, subject to seven (7) attached Stipulations, and to approve the findings of fact in that staff report dated November 9, 2012, as Findings of Fact for Case No. 13 -015. The public hearing was opened. Public testimony was given by: Bill Wren stated he's started looking at the limitations and Peter Olsen and his corporation want to do a composting operation on his property. Currently Wren has six RV sites and the remoteness of the property requires that I have what's called transient accommodations. He's not looking for any residential applications on the property, they are transient accommodations, in other words, he's leased the six RV sites that are there and he'll probably have to have, if this composting is in place someone will have to be on site or people on the site to monitor this 24 hours a day. In item 7 It says "application is prohibited from re- establishing any permitted industrial use on the property, and Wren objected to that because it was an industrial site for 25 years as a seafood processing plant that had approximately 5 homes on the property, 2 cabins, and a bunkhouse. Wren went to Anchorage to get these blueprints of the very sophisticated sewer treatment system and drain field. It's been approved for 50 people and there's no reason 1 can't have a dual use of this property. It's grandfathered in. He is unfamiliar with the process of use permits. He had a complaint filed against him by his neighbor, Todd Hiner. After 15 years of clean up on this property I finally started to make some money on it and his neighbor filed a complaint I filed for a use permit for the logging operation and used the same permit for their shop and RV's. In September they were fired by Al Trucking and Wren is the recipient of a broken 3 year lease, he was left with an incredible mess, he's disabled and this property is his sole income. Wren said he was told that this was going to be denied and wasn't expecting it to be approved. These RV sites are going to be used exclusively for Peter Olsen and his operation, and would like to have the RV park part of this process so if Olsen doesn't make it he could have something to fall back on. He doesn't want to go through another $500 -$1000 process In order to re- establish this as an RV park. Todd Hiner stated it was a 250 acre homestead in Middle Bay that was John Felton's. He gave his brother a 5 acre tract to start a cannery in the 60's and gave him a temporary easement across the property that Hiner owns. Wren had the right to egress and regress across the designated roadway until another one is provided. He's asking for an RV park and Hiner did sign a complaint in order to get him to come up to standards for an RV park, he didn't do it the proper way so as a neighbor put in a complaint. Now he's already signed a city contract for the sewage /sludge and as of December 15th FDEC signs it off he will be bringing all the solid waste from Kodiak and the Coast Guard Base out across his one lane road. He put in septic systems without getting permits, he put in electric without permits, and he also advertised online that he had an RV park. On industrial land all you can have is a caretaker and that's it. He can't have a bunch of RV units, he can't live out there if Peter Olsen's son is living there. He has a problem with what's going on out there. He can't have an RV park and do the composting out there. The public hearing was closed. 11/21/2012 Page 5 of 9 P&Z Minutes 1 BOARD OF ADJUSTMENT APPEAL PACKET Page of 54 In response to COMMISSIONER SCHMITT'S inquiry of is what we have here is an RV park that is the conditional use permit application that makes no reference to the composting but if we grant the request as approved he doesn't have to use it as an RV park does he, Lydick said that's correct, the purpose for the staff report being written the way it is basically staff Is recommending approval of the RV park with the proviso that the property owner give up the composting. Lydick's understanding is that you can't have the mixed uses located that closely together; his understanding is that it's a state or federal law or regulation. But what he does know is the local borough zoning ordinance does not allow residential use In an industrial zoned property. The commission found previously that the establishment of a logging camp with support facilities was a similar use and would be allowable on this property expanding that concept from 6 spaces to 10 spaces is not that big of a stretch, but the code clearly does not allow both uses to exist simultaneously on the same property. There's also a misconception on the property owner about what the composting would entail or entitle him to have out there. You could have the composting which is an industrial activity on an industrially zoned property but restricted to one residential watchman's unit, not multiple units for owner's or employees. Basically, what we are asking is that the property owner commit; one use or the other. Mr. Wren objected to stipulation #7 and he can see where that could have been misinterpreted, that is written to prohibit the simultaneous establishment of the residential and the industrial use. If he wants to go ahead in establishing the RV park assuming he gets the conditional use permit to do that, gets It permitted, establishes it, and operates it, 5 years down the road if he gives up that use and the residential use is no longer applicable there is nothing here, and it's not written in order to preclude him from re- establishing an industrial use down the road. In response to COMMISSIONER SCHMITT'S inquiry that if we approve this tonight is that going to prevent him from doing the composting or can he just not go any further with this particular permit and then go forward with the composting, Lydick said the direct answer is that he is not precluded from dropping this application altogether, even If he receives your approval if he doesn't come in to get a zoning compliance permit for the RV park there's nothing to it, this just goes by the wayside and he still has the opportunity to do the composting. In response to COMMISSIONER KERSCH'S inquiry if there is any Idnd of restriction on allowing someone to drive through your property on an easement road like that because if it's going to be turned into an RV park the road will be turned into a thoroughfare and then you add the solid waste will continually make it more highly used, Lydick stated that is basically a private property issue between the adjoining land owners and the specifics of how the easement on their title reads. COMMISSIONER SCHMITT MOVED to amend the motion to add stipulation #8 There shall be no tent camping. Discussion regarding the amendment and maybe another amendment to remove other stipulations. ROLL CALL VOTE ON MOTION TO AMEND FAILED 4-1. The ayes were Alan Schmitt. The noes were Bill Kersch, Alan Torres, Rick Vahl, and Sonny Vinberg. COMMISSIONER SCHMITT MOVED to amend the motion to delete stipulations # 4, 5, & 6. Brief discussion on the amendment. COMMISSIONER VAHL asked Wren to see the blueprints on the sewer system. Wren showed the commission the blueprints, approval from DEC, and it shows the plot plan with all the houses, cabins, cook houses, septic system and drain fields. It states here this facility would accommodate 50 people. This is installed on the property. COMMISSIONER SCHMITT asked if we proceed with the motion to amend It's going to require they have water and sewer facilities, he's presenting some information which seems to indicate back in 1981 there were facilities, would he be required to provide some sort of proof these facilities are functional now, Lydick stated there's nothing in the borough code specifically that would require an 11/21/2012 Page 6 of 9 P&Z Minutes 1' BOARD OF ADJUSTMENT APPEAL PACKET Page S.Qof 54 inspector to go out there to certify the efficiency or capability of that system. However, your comment that its sufficient for a bank loan Lydick thinks that would be a requirement of any bank that's going to make any loan on any property that the system be inspected and re- certified. If the property owner goes ahead and establishes the use and utilizes that system and all of a sudden has affluent overflow that's going to be a pretty bad situation. The borough isn't in a situation to do anything about that we don't regulate that, that's state responsibility. Discussion regarding Wren's drawings, stipulations, water, adding toilet and shower facilities, violations, and having the proper permitting. The applicant would either proceed with the RV park development, have 2 years to bring everything into compliance and establish that use. STIPULATIONS [1] The applicant is limited to a two -year time frame (from the date of the decision) for the completion of the phased development. [2] The applicant is prohibited from letting out any RV space without first presenting all required documentation and permitsl, and obtaining a zoning compliance permit [3] The applicant must present a legible park plan that details the specifications for development as listed in KIBC 17.165.040 with the request zoning compliance. [4] The applicant is prohibited from re- establishing any permitted industrial use on the property so long as the residential use exists, FINDINGS OF FACT A. That the conditional use will preserve the value. spirit. character and integrity of the Surrounding area The proposed recreational vehicle park use will preserve the value, spirit, character and integrity of the surrounding area so long as the park is developed in accordance with an approved plan, and in conformity with the applicable development standards in KIBC 17.165. B. That the conditional use fulfills all other requirements of this chapter oertalning to the conditional Ilse in question, While the plan presented for this CUP is conceptual in nature, the project will be required to undergo a thorough zoning compliance review. Stipulations attached to this decision will ensure that the development meets, or exceeds, minimally acceptable standards of development. Recognizing the maturation of the RV industry and the innovations In RV unit design and construction, the Commission has waived certain development standards where appropriate. C. That granting the conditional Ilse permit will not be harmful to the public health. safety, convenience and comfort, So long as the development standards of the code are met, the use should not be harmful to the public health, safety, convenience and comfort. Having a designated and maintained RV Park may be a benefit to the public if it provides an alternative to unregulated RV parking and camping in undesignated and potentially unsuitable areas along the Kodiak Road System. D. That the sufficient seth, tics. lot area. buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section, Due to the large lot size and rural location it appears that the site will not require any additional buffers, setbacks or safeguards are needed in order to meet the conditions identified in subsections A through C above. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4 -1. The ayes were Bill Kersch, Alan Torres, Alan Schmitt, and Sonny Withers. The no was Rick VahL ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY 11/21/2012 Page 7 of 9 P&Z Minutes BOARD OF ADJUSTMENT • APPEAL PACKET Page53of 54 OLD BUSINESS There was no old business NEW BUSINESS A) Planning & Zoning Commission Bylaws Revision COMMISSIONER SCHMITT MOVED we recommend to the Assembly that they approve the amendment to our By -laws specifically Article IX— Procedure, Section D. New Information to read "Staff shall not give to the Commission any new information received less than fifteen (15) days prior to a regular meeting date. Staff shall inform the Commission of new information received after the fifteen (15) day deadline. That new information may be considered by the Commission for action at a future meeting or referred to the staff for study. Brief discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A) October Planning & Zoning Public Hearing Results Letters COMMISSIONER VAHL MOVED to accept communications. VOICE VOTE CARRRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • December 12, 2012 work session at 6:30 p.m. in the KIB conference room • December 19, 2012 regular meeting at 6:30 p.m. in the Assembly Chambers COMMISSIONER KERSCH requested excusal from the December meetings. COMMISSIONER SCHMITT MOVED to accept reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS There were none. COMMISSIONER COMMENTS Bill Kersch said we just went through a huge packet for a land disposal but he was surprised when this lot came from us. From Northstar that lot would have been a prime piece of property before building; it's level, moving that road wouldn't have cost that much, and it's a nice neighborhood that would have brought in a nice house. He hopes in the future that if we have another land disposal that they look at this more thoroughly as a possible building lot Also, this proposed RV park, he's concerned that this applicant will continue to ignore all requirements of anything he's trying to do. The training in Anchorage was awesome, thank you for sending us to it Rick Vahl said the training was diverse in nature and he thinks the networking was wonderful seeing and hearing what's going on around the state. From importance of' documentation and the role of the commissioner it was a great opportunity. Sonny Vinberg re- iterated what was said about the training and thinks it was excellent. It was great to be able to participate in that and he thanked the borough. Echoing Kersch's comment about the disposal of the property he concurs with Kersch and he would like to see more opportunities presented to us and being able to look at something with a little more information would have helped. It's still an opportunity to get it on the tax roll. In reference to the RV park it caught him by surprise last week hearing about it and the other opportunity, and even today reading the 11/21/2012 Page 8 of 9 P&Z Minutes • r BOARD OF ADJUSTMENT APPEAL PACKET Pase 54 newspaper he's still confused by the process because the information that was presented to us outside the purview of this packet Understanding now how things were presented he re- iterated Kersch and Vahl's concerns about the fact about how this will be enforced. Alan Schmitt said he'll be out of town the early part of December and I'm supposed to get back to town on the jet on December 12th so if the jet makes it I will be here. Regarding the land disposal, Schmitt doesn't know when it will be brought up again hoping it's not too far down the road. Staff has the ability to generate some good zoning maps and the maps he's looked at show land owned by the borough and there's big chunks out by Fort Abercrombie and others that aren't so big and It would be nice to sit down with the lands manager. It would be nice approach instead of staff just bringing us a list of parcels that have already been called out in some fashion. He re- iterated that we do work on complaints relative to zoning violations that is different now since we have an enforcement officer but he has a lot of road to cover. Happy Thanksgiving! Alan Torres said first on the RV park, we've had a few cases similar to this, the last approval for an RV park which was in Business zoning which you can have a business and residential on the same lot, where this is an industrial lot where you can have a caretaker unit and we've had one of those too where we approved the Ashford caretaker unit. Several years ago back when Reed Oswalt was chair of P&Z they arranged a land tour. Now we could do a tour with the Land Manager to have them show us the borough lands that are available. Torres said he really appreciated the training. Alan Schmitt said many people in the Fairbanks area, in the valley, and the Kenai folks are making some good change selling Peonies, it's a cash crop In Alaska. There is an international need for these flowers and Alaska is the only environment that produces them from roughly the first of August to mid - September and they get about $4 a stem. ADJOURNMENT COMMISSIONER KERSCH MOVED to adjourn. CHAIR TORRES adjourned the meeting at 8:15 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By: ATTEST Alan Torres, Chair BY: Sheila Smith, Secretary APPROVED: December 19, 2012 11/21/2012 Page 9 of 9 P&Z Minutes <U KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET � Regular V Special Date: 01119 `l9 ICZ 1 / 6 Convened: Recessed: Reconvened: Adjourned: v BY: BY: < (Al iw BY: Mit, � BY: C4 ` tt) BY: s D � V lJ 1 Wl z (if' „wt., SECOND: SECOND: I � I s SECOND: r / R SECOND: l/�, U .�" SECOND: n .iC v lJ 4Levk corataA raoq`dk fili WV YES NO YES NO YES NO YES NO YES NO Ms. Austerman ✓ y... -u • r• :n Is •1 -wn- • •st- a a Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney ✓ Mr. Bonney Mr. Griffin V � Mr. Griffin Mr. Griffin Mr. Griffin 4e• , / Mr. Griffin Mr. Kaplan V � / Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓t V. Mr. Kaplan V Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch V , / Ms. Lynch Mr. Stephens V Mr. Stephens Mr. Stephens Mr. Stephens v ✓ Mr. Stephens V Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes V Ms. Stutes V CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE A TOTAL: TOTAL: TOTAL: TOTAL: L 91 TOTAL: ( O The mayor may of vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET / 0 4 Regular �Special �� Date: 61/1 1 7/ - Convened: Recessed: 0 ` Reconvened: - r� Adjourned: BY: k rq)L&t'u BY: BY: 1 litJ BY: I/'I BY: �VV " n - \ Y 11 SECOND: • SECOND:(^ (alt SECOND: ��1- 6 SECOND: ay., SECOND: 0� J1 k P _ �J 019 CloklOttif ono - It : YES 'NO YES NO YES NO YES NO - YES NO IS �.L AAl s • !little � '.s -r,- __ � M us; ' _ . a Mr. Bonney Mr. Bonney / Mr. Bonney Mr. Bonney / Mr. Bonney / Mr. Griffin ✓/ Mr. Griffin V Mr. Griffin ✓ Mr. Griffin V Mr. Griffin V , / Mr. Kaplan 'y VV Mr. Kaplan Mr. Kaplan l� 17 Mr. Kaplan 1 / Mr. Kaplan 1/ , / Ms. Lynch . Ms. Lynch ✓/ Ms. Lynch V Ms. Lynch +r v ✓ Ms. Lynch 1 v / Mr. Stephen4 � ✓ Mr. Stephens V Mr. Stephens ✓ Mr. Stephens ✓ Mr. Stephens Ms. Stutes Vw V Ms. Stutes ✓ Ms. Stutes V Ms. Stutes Ms. Stutes i / CHANGE OF VOTE? HANGE OF VOTE? CHANGE / E OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j TOTAL: 5 1 TOTAL: l/ TOTAL: _ D TOTAL: (a 0 TOTAL: U The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL / � CALL SHEET / Regular /Special "I l w l Date: �/ /I 1 a Convened: Recessed: - ` '.(ip Reconvened: Adjourned: BY: b 6,� llllN BY: ��, `' M > BY: BY: (!1'/' t BY: � / 1 /�� SECOND: SECOND: SECOND: SECOND• SECOND: s truit MR, it YES NO YES NO YES NO YES NO YES NO f §.%tea / s. • : ster• - :. • st- - an Ms. ■ .st: rman Au a Mr. Bonney V Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney V Mr. Griffin e / Mr. Griffin Mr. Griffin Mr. Griffin 1 f Mr. Griffin �� Mr. Kaplan ,/. V . Mr. Kaplan �( ✓/ Mr. Kaplan Mr. Kaplan V/ Mr. Mr. Kaplan [/ / Ms. Lynch , / Ms. Lynch V Ms. Lynch Ms. Lynch V Ms. Lynch V . Mr. Stephens V V . Mr. Stephens t/ r -!. . -..e ,/7.4— Ms. Stutes V Ms. Stutes I/ Ms. Stutes Ms. Stutes V Ms. Stutes 4- ICHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE 1 TOTAL: (g ! TOTAL: la TOTAL: TOTAL: 0 TOTAL: c-70 The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET II (� Regular Special Date: 4 I l' I I 1 �0 5- Convened: Recessed: Reconvened: ` . Adjourned: 1D: BY: Ltr/C.A.) BY: IS /// BY: BY: BY: � SECOND: J SECOND: Gil '(^ SECOND: SECOND: SECOND: 1 VovV ' 1 ik - O LU KV IIIKIN° YES. NO YES NO YES. • NO- YES NO YES NO . Au to a n . Aus s. u an uster s. Austerman • Mr. Bonney ply Mr. Bonney / Mr. Bonney Mr. Bonney Mr. Bonney �� Mr. Griffin !� 1 r Mr. Griffin 1 :1/4/ Mr. Griffin Mr. Griffin Mr. Griffin Mr. Kaplan �/� Mr. Kaplan / V Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch V Ms. Lynch f Ms. Lynch Ms. Lynch Ms. Lynch M iTyans Mr. Stephens V Mr. Stephens Mr. Stephens Mr. Stephens Ms. Stutes Ms. Stutes ✓ Ms. Stutes Ms. Stutes Ms. Stutes . ICHANGE OF VOTE? RANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE ?j _ TOTAL: (5 QTOTAL: ( 0 TOTAL: TOTAL: TOTAL: The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby Kodiak Island Borough Assembly Regular Meeting Guidelines January 17, 2013, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Austerman who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: alb Regular Meeting Minutes of December 20, 2012. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting of December 20, 2012. \ PLEASE ANNOUNCE: STOP Due to the delay of the radio broadcast and web streaming, please place your \ / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local: 486 -3231. Kodiak Island Borough Assembly Guidelines January 17, 2013 Page 1 6. AWARDS AND PRESENTATIONS A. Employee of the Quarter Award — Administrative Official Cassidy • Maya Daurio — GIS Analyst, in the Information Technology Department B. Longevity Award — Administrative Official Cassidy • Bob Himes — Fire Chief - 15 Years • Kirsten Galliher — Appraiser Technician —10 Years C. Certificate of Appreciation to Sally Magnuson, American Red Cross Kodiak Chapter Director — Mayor Selby D. Certificate of Achievement for Excellence in Financial Reporting — Administrative Official Cassidy E. Award for Outstanding Achievement in Popular Annual Financial Reporting — Administrative Official Cassidy 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2013 -11 Amending Title 3 Revenue and Finance Chapter 3.30 Contract, Purchase, Sale, and Transfer Procedures to Make Information About Borough Contracts More Readily Available to the Public and Other Related Matters. Recommended motion: Move to adopt Ordinance No. FY2013 -11. Clerk's note: Attached on goldenrod paper is the substituted version of Ordinance No. FY2013 -11. Staff Report — Administrative Official Cassidy Recommended motion: Move to amend Ordinance No. FY2013 -11 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION. Open public hearing. Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION. Kodiak Island Borough Assembly Guidelines January 17, 2013 Page 2 10. BOROUGH MANAGER'S REPORT (Administrative Official Cassidy) 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. NEW BUSINESS A. Contracts 1. Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager. Recommended motion: Move to approve Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager. Staff Report — Administrative Official Cassidy Assembly discussion. IF THE ASSEMBLY WISHES TO CONVENE INTO EXECUTIVE SESSION. Recommended motion is: Move to convene into executive session to discuss Contract No. FY2013 -14 Employment Contract Between the Kodiak Island Borough Assembly and Charles E. Cassidy Jr. as Borough Manager which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person. ROLL CALL VOTE ON MOTION. Please invite the Borough Assembly, Administrative Official, and Clerk's Office Staff into executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session OR the Assembly may make a motion if necessary. ROLL CALL VOTE ON THE MOTION TO ADOPT. Kodiak Island Borough Assembly Guidelines January 17, 2013 Page 3 B. Resolutions 1. Resolution No. FY2013 -21 Rescinding Resolution No. FY2013 -12 and Adopting a Revised State Legislative Capital Improvement Projects Priority List for the 2013 Legislative Session. Clerk's note: Attached on preen paper' is the revised page 3 of the Resolution. Recommended motion: Move to adopt Resolution No. FY2013 -21. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2013 -13 Rezoning Lot 1 U.S. Survey 3945 and the Remainder of ADL 44355 From a Combination of PL- Public Using Zoning District and C- Conservation Zoning District To I- Industrial Zoning District. Recommended motion: Move to adopt Ordinance No. FY2013 -13 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2013 -14 Rezoning of Tract A Lot 2 Block 17 Ouzinkie Townsite Subdivision From R1- Single Family Residential Zoning District To UNC - Urban Neighborhood Commercial District (Case 13 -008). Recommended motion: Move to adopt Ordinance No. FY2013 -14 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Administrative Official Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items — None. Mayor Selby will recess the regular meeting and convene the Board of Adjustment. Continued on next page ... Kodiak Island Borough Assembly Guidelines January 17, 2013 Page 4 BOARD OF ADJUSTMENT APPEAL TO THE BOARD OF ADJUSTMENT — An Appeal of the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). IF ANY BOARD MEMBER WISHES TO DECLARE A CONFLICT, please do so by: 1. Disclose the conflict to the Chair of the Board and ask to be excused from participation and a vote on the matter. 2. The Chair of the Board shall rule on the request. 3. The decision of the Chair of the Board may be overridden by the majority vote of the governing body (four board members). Clerk's note: Three (3) appeal hearing notices were mailed. Returned responses are attached on yellow paper. Please announce: The board of adjustment shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per KIBC 17.225.070(B): At the hearing before the board of adjustment, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. Persons who have submitted written argument on the appeal: Testified before the Commission: (Found on Page 50 of 54) Bill Wren Todd Hiner Submitted written comments to the Commission: None The order of oral argument is as follows: 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes - (William Wren) PLEASE ASK THOSE SPEAKING TO IDENTIFY THEMSELVES, SIGN, AND PRINT THEIR NAME ON THE SIGN -IN SHEET. Read phone numbers: Local is 486 -3231 and toll free is 1- 855 - 492 -9202. Kodiak Island Borough Assembly Guidelines January 17, 2013 Page 5 It is recommended that questions for the testifiers not be asked during their testimony. If you need further clarification on their testimony, please ask the Chair to call the person back to the podium during your debate. 3. Private person supporting the appeal: 10 minutes 4. Private person opposing the appeal: 10 minutes 5. Appellant, for rebuttal: 10 minutes - (William Wren)) Clarification - Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per KIBC 17.225.070(C): Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. Board of Adjustment discussion. The Board of Adjustment may convene into closed session for deliberation as a quasi - judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings of fact. If a closed session is desired: Recommended motion: Move to convene into closed session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO CLOSED SESSION. After the vote, CHAIR OF THE BOARD (Mayor Selby) invites the Administrative Official and Clerk's office staff to join in closed session. Per KIBC 17.225.080 Decision. (This MUST be done in open session.) A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. Recommended motion: Move to Affirm IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). OR Recommended motion: Move to Reverse IN WHOLE (OR IN PART) the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M (Appellant: William Wren). Kodiak Island Borough Assembly Guidelines January 17, 2013 Page 6 Clerks Note: If the Board of Adjustment fails to affirm, a motion to reverse is in order. If the Board of Adjustment fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION. DISCUSSION ON FINDINGS OF FACT Every decision of the Board of Adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the Board of Adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Preparation of the written decision will be based on your discussion and adoption of findings of fact. Please be clear so that staff will have clear basis on what to include in the written decision. • Move to adopt findings of fact as follows: (The Board of Adjustment may make its own findings of fact and must be in the record and decision must be supported by these findings.) • If the Board of Adiustment wishes to adopt the same findings of fact as the Commission's: Move to adopt the findings of fact as follows (See attached on blue paper.) • If you wish to postpone the adoption of the findings of fact: Move to postpone the findings of fact of the Board of Adjustment on the Planning and Zoning Commission's Decision on Case No. 13 -015 Request for Conditional Use Permit, in Accordance with KIBC 17.165.030, to Allow the Establishment of a Recreational Vehicle Park on Tract A, United States Survey 2735, According to KIBC 17.165.040 A thru M to (state date). ROLL CALL VOTE ON MOTION. CHAIR OF THE BOARD (Mayor Selby), please announce that a WRITTEN DECISION WILL FOLLOW. The date on the written decision is used for further appeal. Kodiak Island Borough Section 17.225.100 Judicial review states: Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal the decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. Mayor Selby reconvenes the regular meeting. Kodiak Island Borough Assembly Guidelines January 17, 2013 Page 7 15. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486 -3231; Toll Free is 1- 855 - 492 -9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 17. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Assembly and the School Board will meet in a Joint Work Session on Thursday, January 31 at 6:30 p.m. in the Assembly Chambers. The next Assembly work session is scheduled on Thursday, January 31 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, February 7 at 7:30 p.m. in the Borough Assembly Chambers. The Kodiak Island Borough offices will be closed Monday, January 21, in observance of Martin Luther King, Jr. Day. 18. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 17, 2013 Page 8 KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of:.Jdf1,Uit1 I t x1713 Please PRINT your name Please PRINT you2name /catk/ -- add Hhu-9,7 / /VicK ctrie, )11 n,-,�� (< ((Or A nv 1\