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2013-07-18 Regular Meeting
Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 18, 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 Minutes of June 6 and June 20, 2013. 6. AWARDS AND PRESENTATIONS A. Longevity Awards B. Employee of the Quarter Award 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. FY2014-03 Submitting the Question of the Adoption of a Secondhand Smoke Control Ordinance to the Voters of the Borough at the October 1, 2013 Regular Municipal Election. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13- 020 Lash Corporation). 13. NEW BUSINESS A. Contracts — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478-5736 and Local 486-3231. Page 1 of 2 B. Resolutions 1. Resolution No. FY2014-06 Authorizing the Manager to Execute a Sole Source Agreement with Watterson Construction Company to Perform Kodiak Middle School Concrete Repairs Phase II Project in the Form of a Change Order to Contract No. FY2013-24. C. Ordinances for Introduction 1. Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract And Lot 2 Sawmill Subdivision From a Combination of C- Conservation and PL-Public Use Lands To Natural Use (Case No. 13-027, Landfill). 2. Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C-Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). 3. Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB-Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). 4. Ordinance No. FY2014-01A Amending Ordinance No. FY2014-01 by Amending Budgets to Provide for Various Additional Expenditures and to Budget for a Coastal Impact Assistance Program (CIAP) Grant. D. Other Items 1. Review and Approval of Fire Protection Area No. 1 Board's Volunteer Stipend Policy and Length of Service and Special Award Policy. 2. Per KIBC 12.15, Granting Approval to Start the Process for Naming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center. 3. Accepting a State Grant in the Amount of $4,529,000 for the Landfill Leachate Treatment Plant and Related Phase III Improvements. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Womens Bay Service Area Board Regular Meeting of June 4, 2013. B. Reports 1. Kodiak Island Borough Manager's Change Order Report for June 2013. 2. Projects Office Projects Status Report dated July 3, 2013. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478-5736 and Local 486-3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting June 6, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, June 6, 2013, 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, and Mel Stephens. Staff members present were Borough Manager Bud Cassidy, Engineering and Facilities Director Woody Koning, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Stutes who was attending the North Pacific Fishery Management Council meetings in Juneau. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA KAPLAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of April 18 and May 2, 2013, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed the month of June as Filipino American Heritage Month in Kodiak and urged all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. CITIZENS' COMMENTS Dave Blacketer thanked the Assembly's non-profit committee for its hard work. Gary Lester voiced concerns regarding the non-smoking ordinance being considered by the Assembly. COMMITTEE REPORTS Rick Vahl, Solid Waste Advisory Board Outreach and Education Subcommittee member, gave a report on the efforts of the subcommittee and the Clean-up Day event. The subcommittee recommended implementing a week long community clean-up event for future years. The next subcommittee meeting was scheduled for June 18 at 5:15 p.m. at the Kodiak Fisheries Research Center. Kodiak Island Borough Assembly Minutes June 6, 2013 PUBLIC HEARING 1. Ordinance No. FY2014-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2013 and Ending on the Thirtieth Day of June 2014 (Fiscal Year 2014 Budget). KAPLAN moved to adopt Ordinance No. FY2014-01. The ordinance budgeted for FY2014 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. The ordinance also added multi- year projects to the capital project funds, set FY2014 mill rates, and set the tax rates for commercial aircraft. A substituted version of Ordinance No. FY2014-01 with backup information was provided. Finance Director Short provided proposed changes to Ordinance No. FY2014-01 as discussed at the work session of May 28. AUSTERMAN moved to adopt Ordinance No. FY2014-01 by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY : Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. Mayor Selby opened the public hearing. Scott Arndt, Service Area No. 1 Board Chairperson, Dennis Symmons, Service Area No. 1 Board Vice-Chairperson, and Paul Hansen, Service Area No. 1 Board member, spoke in support of approving the service area board's budget as requested and spoke to the Board's work plan. Mayor Selby closed the public hearing. AUSTERMAN moved to amend Ordinance No. FY2014-01 by: 1. Adjusting the Cruise Ship Tax Sharing Revenues from Fund 277 Tourism Fund to Fund 100 General Fund by: a. Increasing account 100-000 335-180 Cruise Ship Tax Sharing by $25,000 and decreasing account 100-000 389-100 Use of Fund Balance by $25,000; and b. Decreasing account 277-000 335-180 Cruise Ship Tax Sharing by $25,000 and decreasing account 277-287 450-450 Contingencies by $25,000. 2. Adjusting the contribution amount to the Kodiak Island Borough School District to fund to the cap by: a. Increasing account 201-000 311-100 Real Property Tax by $134,230 to $9,114,580, increasing account 201-000 311-200 Personal Property Tax by $15,140 to $925,140, increasing account 201-000 313-110 Motor Vehicle Tax by $30,000 to $280,000, and increasing account 201-000 391-100 Transfers In from the General Fund by $220,000; and Kodiak Island Borough Assembly Minutes June 6, 2013 b. Increasing account 100-000 389-100 Use of Fund Balance by $220,000 to $445,358, increasing account 100-195 494-201 Transfer to Education Support Fund by $220,000 to $220,000. 3. Correcting Fund 555 Interest Expense by: a. Increasing account 555-758 476-276 1997 Kodiak Fisheries Research Center Revenue Bond Interest by $225,400; and b. Increasing account 555-000 389-100 Use of Fund Balance by $225,400. 4. Adjusting Health and Social Services to fully fund Non-Profits by: a. Increasing 100-185 Health and Social Services by $30,000; and b. Increasing 100-000 389-100 Use of Fund Balance by $30,000. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. BONNEY moved to further amend Ordinance No. FY2014-01 by adjusting line 51, Service Area No. 1 Roads from 2.00 mills to 1.50 mills. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO ONE: Griffin, Kaplan, Stephens, Austerman, and Bonney (Ayes); Lynch (No). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch, Stephens, Austerman, Bonney, Griffin, and Kaplan. 2. Ordinance No. FY2013-01C Amending Ordinance No. FY2013-01 Fiscal Year 2013 Budget by Amending Budgets to Account for Various Revenues that are Over Budget, Provide for Additional Expenditures, and Move Funds Between Projects. AUSTERMAN moved to adopt Ordinance No. FY2013-01C. The FY2013 budget was amended due to: • General Fund property tax revenues were higher than originally budgeted along with penalties and interest on taxes; • State Shared Revenues were at least $392,120 more than originally budgeted; • interest earned on investments in the General Fund were approximately $100,000 less than originally budgeted due to poor market conditions; • the Borough Manager's Department, Finance Department, IT Department, and the Engineering/Facilities Department allocated less to the landfill; • an Engineering/Facilities employee suffered long-term illness and death and the sick and vacation leave time had to be charged to the Engineering/Facilities Department instead of the projects the individual had been working on; • the State of Alaska centralized the Child Care Assistance program and it was no longer administered by the Borough; • expenditures in the Building and Grounds Fund - Borough Building were more than budgeted due to staff time spent on maintaining the building; • the State Local Emergency Planning Committee grant was $3,114 less than anticipated; • the State of Alaska no longer funded the Coastal Management Program; Kodiak Island Borough Assembly Minutes June 6, 2013 • Fiscal Year 2012 interest earnings in the Facilities Fund were slightly less than anticipated leading to a reduction in the amount that could be transferred out for debt service and capital expenditures; • Fund 410 Borough Capital Projects had an unreserved fund balance of $517,202 due to projects coming in under budget and interest earnings higher than budgeted; • State of Alaska approved all changes to projects that were reimbursed in part by the State; and • the Federal Emergency Management Agency (FEMA) made numerous amendments to their grants related to flooding. For Fund 469, Renewal and Replacement Projects the Borough needed to: • budget an additional $201,457 for an island-wide underground storage tank removal and replacement; • reduce the budget for the Port Lions School underground storage tank removal and replacement project by $82,148; • reduce the Larsen Bay and Old Harbor HVAC equipment and controls budget by $545,953; • budget $545,953 for a new roof on the Larsen Bay School; • budget $1,547,255 for the Kodiak Middle School HVAC controls; and • budget $624,427 for Peterson Elementary HVAC controls. At the regular meeting of May 17, the FY2013 budget was amended to include $6,000 for the Discover Kodiak 2013 mapping project. A substituted version of Ordinance No. FY2013-01C with backup information was provided . AUSTERMAN moved to adopt Ordinance No. FY2013-01C by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION CARRIED UNANIMOUSLY Kaplan, Lynch, Stephens, Austerman, Bonney, and Griffin. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Lynch, Stephens, Austerman, Bonney, Griffin, and Kaplan. 3. State of Alaska Alcoholic Beverage Control Board Liquor License Application for Transfer of Controlling Ownership (Licensee/Applicant: Kodiak Rendezvous Inc.). BONNEY moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board Liquor License application for transfer of controlling ownership for the Kodiak Rendezvous Inc. This application for liquor license transfer was to transfer license ownership of the Kodiak Rendezvous Inc., DBA The Rendezvous. The Clerk's office followed the procedures in KIBC 5.01.030 New license and transfer procedure when processing the liquor license transfer. 53 public hearing notices were mailed out and public hearing responses were provided. Kodiak Island Borough Assembly Minutes June 6, 2013 Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • He would be taking personal leave June 24 through July 4; • Gave notice that service in Community Development Department would be limited due to shortage of staff; • Announced the Kodiak High School Renovation and Addition Project Groundbreaking Ceremony was held on Thursday, May 23 and it was well attended; and • The Borough Landfill was under construction and the public would need to make arrangements to view the activity. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the Western Interstate Region Conference. He announced there was a five percent reduction of the Payment in Lieu of Taxes (PILT) program and there was a recommendation to Congress to not cut programs that generated revenue. PILT would need to be reauthorized as a mandatory program for the upcoming year. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2013-30 Purchase of Agenda Management Software. GRIFFIN moved to authorize the Manager to execute Contract No. FY2013-30 with iCompass Technologies, Inc. for a five year contract for purchase, support, and maintenance for Agenda Management Software in an amount not to exceed $46,500. The Clerk's Office and IT Department solicited proposals from qualified individuals and/or firms to provide hardware and software for an automated process for the creation of agendas and packets for the Borough Assembly and other Boards and Commissions of the Borough and the publication of those agendas/packets to the web and other mobile devices such as iPads. An interoffice workflow for operational action items and tracking system was also required. Eight responses were received and evaluated; one of the eight responses was deemed as unresponsive due to the company's limited qualifications and capabilities. Borough staff attended four software demonstrations presented by the top rated responding firms: iCompass Technologies, Inc., Provox Systems, Inc., Granicus, Inc., and Carasoft Technology Corporation. After receiving the presentations, staff considered the qualifications of the firms, product features, and usability, and chose iCompass Technologies, Inc. as the firm that would provide the best overall value to the Borough. Staff negotiated scope, schedule, and price with iCompass Technologies, Inc. resulting in the proposed contract. Kodiak Island Borough Assembly Minutes June 6, 2013 The initial contract term was five years for a cost of $24,500 which included onsite training for staff. Support and maintenance for years two through five was $5,500 per year. The total cost for purchase of the software, support, and maintenance for five years was $46,500. Contract No. FY2013-30 was reviewed by the Borough Attorney. The Agenda Management Software Request for Proposal issued by the Kodiak Island Borough in February 2013 was provided as backup. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. 2. Contract No. FY2013-31 Larsen Bay School Roof Replacement. BONNEY moved to authorize the Manager to execute Contract No. FY2013-31 with RPR, Inc. DBA Rain Proof Roofing of Anchorage, Alaska for the Larsen Bay School Roof Replacement in an amount not to exceed $498,500. This contract was for the Larsen Bay School Roof Replacement project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were provided for review. The work included replacing the roof membrane at Larsen Bay School. The roof was failing and any continued neglect would result in considerable damage to the school interior. Kodiak Island Borough School District (KIBSD) staff requested that the project be a priority to be completed during the summer of 2013. An invitation to bid was issued on March 29, 2013, and bids were opened on April 19, 2013. Five bids were received and staff determined that RPR, Inc. dba Rain Proof Roofing of Anchorage, Alaska was the lowest responsible/responsive bidder. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. 3. Contract No. FY2013-32 Karluk School Oil Tank Removal and Replacement. GRIFFIN moved to authorize the Manager to execute Contract No. FY2013-32 with Red Hook Construction, LLC of Kodiak, Alaska for the Karluk School Oil Tank Removal and Replacement in an amount not to exceed $289,000. The contract was for the Karluk School Oil Tank Replacement project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents and associated addenda were provided for review. The work included decommissioning four existing underground oil tanks and installing one new aboveground oil tank to provide heating fuel for Karluk School. The Alaska Department of Environmental Conservation and the Environmental Protection Agency mandated that the work be completed no later than September 30, 2013. Kodiak Island Borough Assembly Minutes June 6, 2013 An invitation to bid was issued on March 28, 2013, and bids were opened on April 25, 2013. Four bids were received and staff determined that Red Hook Construction, LLC of Kodiak, Alaska was the lowest responsible/responsive bidder. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Austerman, and Bonney. Resolutions 1. Resolution No. FY2011-08C Amending the Composition of the Project Advisory Committee (PAC). This item was approved under the consent agenda. The Borough hired a consultant to work with the community and the Planning and Zoning Commission to update portions of Borough Code that regulated land division (Subdivision), land regulation (Zoning), and Borough owned property (Borough Real Property). As part of the review, the consultants recommended that there be a committee made up of Kodiak residents who would represent a broad cross-section of the community and who were familiar with local regulations affecting public and private lands. The committee, known as the Project Advisory Committee (PAC) met more than a dozen times to review the draft codes produced by the code revision process. The committee was working on concluding its work and it appeared that the loss of participating members would not allow the committee to make a quorum. It was recommended that the PAC membership be amended one final time so that the core of the remaining members most familiar with the draft codes could complete their charge. Unfortunately, the last time this issue was considered in May 2013, a member who had substantially participated in the process was unintentionally dropped and another member who had not participated was reappointed to the PAC. The amended resolution would correct this oversight. 2. Resolution No. FY2013-32 A Joint Resolution of the Kodiak Island Borough Assembly and Kodiak City Council Documenting the Kodiak Fisheries Work Group's Scope and Authority. KAPLAN moved to adopt Resolution No. FY2013-32. At the Assembly/City Council joint work session of September 4, 2012, the Kodiak Fisheries Work Group (KFWG) representatives and Fisheries Analyst Consultant Denby Lloyd presented the conditions of the overall approach of the group. It was recommended to both governing bodies to adopt a joint resolution supporting the efforts of the overall approach established by the KFWG. Resolution No. FY2013-09, a joint resolution of the Kodiak Island Borough Assembly and the Kodiak City Council supported the overall approach to fishery issues by forming the KFWG. Resolution No. FY2012-32, a joint resolution of the Kodiak Island Borough Assembly and the Kodiak City Council, documented the KFWG's scope and authority. The resolution specifically addressed the membership, the organization, and purpose, along with administrative assistance, consensus, agenda, meeting notes/summary, and reporting guidelines. The scope of authority was reviewed and approved at the KFWG meeting on May 28, 2013, and submitted to the Joint City/Borough work session on May 28, 2013. Kodiak Island Borough Assembly Minutes June 6, 2013 ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Kaplan, Lynch, Stephens, Austerman, Bonney, and Griffin. Ordinances for Introduction 1. Ordinance No. FY2013-17 Rezone a 3.92 Acre Portion of Tract 6, US Survey 5509 Port Lions Subdivision from RR2-Rural Residential Two to PL-Public Use Land (P&Z Case13- 023, City of Port Lions). GRIFFIN moved to adopt Ordinance No. FY2013-17 in first reading to advance to public hearing at the next regular meeting of the Assembly. The City of Port Lions planned to develop a Sewage Sludge Lagoon adjacent to the existing land fill site. The Alaska Native Tribal Health Consortium would provide the design and construction of the facility on City owned land. This would improve the health, safety, and general welfare of the community while moving the community into compliance with Alaska Department of Environmental Conservation regulations. The Commission held a public hearing on May 15, 2013 on this request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Austerman, Bonney, Griffin, and Kaplan. 2. Ordinance No. FY2013-18 Rezone to Allow for the Proposed Expansion of the Old Harbor Airport from R1-Single Family Residential to LI-Light Industrial (P&Z Case 13-026, City of Old Harbor). AUSTERMAN moved to adopt Ordinance No. FY2013-18 in first reading to advance to public hearing at the next regular meeting of the Assembly. The City of Old Harbor and the Old Harbor Native Corporation made plans to expand the Old Harbor Airport in order to increase the safety and capability of the essential transportation infrastructure. In particular, the project would require substantial relocation of material on the site and drainage improvements. This would require a new survey at the conclusion of the project to account for the material relocations and overall increase in area coverage. When the existing Old Harbor Airport was constructed the project was granted a zoning exception by the Planning and Zoning Commission. This procedure was no longer in the code for various reasons, but all existing exception uses were considered to be non-conforming uses; meaning that they could continue to be used and maintained but not expanded. This rezone was consistent with the comprehensive plan designation and also would bring the Old Harbor Airport zoning into compliance with KIBC Title 17 Zoning. The Commission held a public hearing on April 17, 2013 on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. Kodiak Island Borough Assembly Minutes June 6, 2013 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Austerman, Bonney, Griffin, Kaplan, and Lynch. Other Items 1. Approval of a 7.5-Foot Vacation of a 10-Foot Wide Easement in Accordance with KIBC 16.60.060 Along the South Lot Line of Lot 8, Block 2, Island Vista Subdivision (P&Z Case 13-019, Sundberg). AUSTERMAN moved to approve the vacation of a 7.5-foot wide portion of a 10-foot utility easement along the south lot line of Lot 8, Block 2, Island Vista Subdivision. The Planning and Zoning Commission granted approval of a preliminary plat where the applicants had shown the requested need to vacate a 7.5-foot portion of an existing 10-foot utility easement. The existing utility easement currently served no known utility provider. One potential user of the utility easement had expressed reservations regarding the proposed easement vacation, and had instead suggested the option of vacating only that portion of the easement where the existing single-family residence was located. Because there was a vacation of a utility easement involved, KIBC 16.60.060 required assembly review and approval. If approved, the applicant would submit a final plat that would meet Borough code requirements. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, and Stephens. 2. Approval of the Vacation of a 20-Foot Wide Utility Easement, in Accordance with KIBC 16.60.060, Centered on the Common Boundary of Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision (P&Z Case S13-022, Ness). KAPLAN moved to approve the vacation of a 20-foot wide utility easement centered 10-feet on either side of the lot line common to Lots 1C and 1 D, Block 5, Bells Flats Alaska Subdivision. The Planning and Zoning Commission granted approval of a preliminary plat where the applicants had shown the need to vacate a 20-foot wide utility easement. The utility easement was centered 10-feet on either side of the lot line common to Lots 1C and 1D, Block 5, Bells Flats Alaska Subdivision. The existing utility easement currently served no known utility provider. No recognized utility provider expressed a future interest or need in maintaining the current utility easement. Because there was a vacation of a utility easement involved, KIBC 16.60.060 required assembly review and approval. If approved, the applicant would submit a final plat that would meet Borough code requirements. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, and Austerman. 3. Hiring for the Position of Community Development Director at Salary Range 24.0, Step K. AUSTERMAN moved to authorize the salary placement of the Community Development Director at Salary Range 24, Step K. Kodiak Island Borough Assembly Minutes June 6, 2013 The Community Development Department (CDD) Director position had been officially vacant since January 2013, but had been unofficial vacant since June 2012. After advertising in newspapers and in Planning periodicals, negotiations took place with an applicant that had many years as a Planner, a Planning Director, and who had Kodiak experience. This individual was felt to be the most qualified to manage a department that was currently down two staff members, and had an outstanding project of finalizing a new zoning and subdivision code. It was recommended that the Assembly approve the request to exceed the Step C rating and offer the job at Step K. As stated above, the applicant met the qualifications and required duties of the position. Also, the recent salary and compensation study indicated the mid-range of the CDD position at $111,110.44, well above the $94,925 that had been the negotiated salary with the Planning Director applicant. Based on the applicant's qualifications, work history, and familiarity of Kodiak, it was recommended that the applicant be hired at a Range 24, Step K. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Griffin, Kaplan, Lynch, Austerman, and Bonney (Ayes); Stephens (No). 4. Declaring a Seat on the Kodiak Fisheries Advisory Committee Vacant (Al Burch). This item was approved under the consent agenda. On May 9, 2013, the Clerk's Office received notice of Mr. Al Burch's resignation as the Trawl Vessels representative on the Kodiak Fisheries Advisory Committee, a joint committee of the City of Kodiak and Kodiak Island Borough. Per Resolution No. FY2007-38 (§3): "The term of Kodiak Fisheries Advisory Committee appointments shall be three (3) years, provided that appointees' terms shall extend until their replacements are named and accept their appointment, and further provided that the Borough Assembly and City Council may modify the term of any or all Committee appointments at any time, the City Council and Borough Assembly may remove any member at any time, or may disband the entire Fisheries Advisory Committee at any time, as the City Council and Borough Assembly deem appropriate in their sole discretion". CITIZENS' COMMENTS Bob Brodie thanked the Assembly for its hard work on the FY2014 budget, for staffing vacant positions, and providing full funding for the School District. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke on consolidation of the local governments. Assembly member Kaplan thanked Finance Director Short and staff for preparing the budget and invited more non-profit organizations to attend the work sessions when non-profit funding was being discussed. Assembly member Austerman spoke to the positive public comments received at the meeting. She announced that the Kodiak Community Health Clinic would be opening a dental clinic on Monday, June 10. Kodiak Island Borough Assembly Minutes June 6, 2013 Assembly member Lynch thanked Mr. Vahl for the update on the Solid Waste Advisory Board Outreach and Education Subcommittee and spoke in favor of a week-long community clean-up event in future years. Assembly member Griffin thanked staff for their work on the budget and thanked the Assembly for fully funding the School District. Announcements The next Assembly work session was scheduled on Thursday, June 13 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 20 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stephens, Austerman, Bonney, and Griffin. The meeting was adjourned at 9 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes June 6, 2013 KODIAK ISLAND BOROUGH Assembly Regular Meeting June 20, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, June 20, 2013, 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. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Engineering and Facilities Director Woody Koning, Borough Assessor Bill Roberts, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. AUSTERMAN moved to excuse Assembly members Griffin and Kaplan who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of May 16, 2013, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented a plaque of recognition to Major John Quinn of the Salvation Army. CITIZENS' COMMENTS Mike Sirofchuck and Bill Murdock spoke to the road issues on Cliffside and Parkside Drives within Service Area No. 1 (SA1). SA1 Board members Dennis Svmmons (Vice Chair), Scott Arndt (Chairperson), Greg Spalinger, Kevin Arndt, and SA1 resident Kate Ballenger spoke in opposition of the firm awarded Contract No. FY2013-34. Ken Reinke, Threshold Recycling Services Executive Director, spoke to a drive-thru recycling services program beginning July 1. COMMITTEE REPORTS Scott Arndt, SA1 Board Chairperson, spoke to the road projects along Cliffside and Parkside Drives and noted that a public hearing was currently scheduled for the month of July. Kodiak Island Borough Assembly Minutes June 20, 2013 Page 1 Assembly member Stutes reported on a Southwest Alaska Municipal Conference meeting held on June 20, where the status of the Tustemena ferry was discussed. PUBLIC HEARING 1. Ordinance No. FY2013-17 Rezone a 3.92 Acre Portion of Tract 6, US Survey 5509 Port Lions Subdivision from RR2-Rural Residential Two to PL-Public Use Land (P&Z Case13- 023, City of Port Lions). LYNCH moved to adopt Ordinance No. FY2013-17. The City of Port Lions planned to develop a Sewage Sludge Lagoon adjacent to the existing landfill site. The Alaska Native Tribal Health Consortium provided the design and construction of the facility on City owned land. This would improve the health, safety, and general welfare of the community while moving the community into compliance with Alaska Department of Environmental Conservation regulations. The Planning and Zoning Commission held a public hearing on May 15, 2013, on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. 140 public hearing notices were mailed on June 7; one response was received and provided to the Assembly. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2013-18 Rezone to Allow for the Proposed Expansion of the Old Harbor Airport from R1-Single-Family Residential to LI-Light Industrial (P&Z Case 13-026, City of Old Harbor). AUSTERMAN moved to adopt Ordinance No. FY2013-18. The City of Old Harbor and the Old Harbor Native Corporation planned to expand the Old Harbor Airport to increase the safety and capability of this essential transportation infrastructure. In particular, the project would require substantial relocation of material on the site and drainage improvements. This would require a new survey at the conclusion of the project to account for the material relocations and overall increase in area coverage. When the existing Old Harbor Airport was constructed the project was granted a zoning exception by the Planning and Zoning Commission. That procedure was no longer in the code for various reasons; however, all existing exception uses were considered to be non-conforming uses, meaning that they could continue to be used and maintained, but not expanded. This rezone was consistent with the comprehensive plan designation and also would bring the Old Harbor Airport zoning into compliance with KIBC Title 17 Zoning. The Commission held a public hearing on April 17, 2013, on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. 48 public hearing notices were mailed on June 7 and no responses were received. Kodiak Island Borough Assembly Minutes June 20, 2013 Page 2 Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Lynch, Stephens, Stutes, and Austerman. BOROUGH MANAGER'S REPORT Manager Cassidy reported that he would be out of town June 24 through July 12; Assessor Bill Roberts would be the Administrative Official during that time. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the North Pacific Fishery Management Council (NPFMC) meetings in Juneau the week of June 7. He announced that Payment in Lieu of Taxes payments had been released by the Department of Interior. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2013-33 North Star Elementary School Canopy Repairs Project. STUTES moved to authorize the Manager to execute Contract No. FY2013-33 with Wolverine Supply, Inc. of Wasilla, Alaska for the North Star Elementary School Canopy project in an amount not to exceed $77,000. The contract was for the North Star Elementary School Canopy Remodel project as provided in the construction documents prepared by Jensen Yorba Lott, Inc and was issued for bids. The construction documents, bid documents, and associated addenda were provided for review. The existing steel bus shelter canopies in front of the North Star Elementary School were in very bad condition and needed to be recoated. The contract work included removal of existing coatings, preparation of the steel frame, the application of new coatings, sheet metal flashings, and other elements to match existing conditions. An Invitation to Bid was issued on May 2, 2013, and bids were opened on May 23, 2013. One bid was received from Wolverine Supply of Wasilla, Alaska. Staff reviewed the bid documentation and determined that the bid qualified Wolverine Supply as the lowest responsible/responsive bidder. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, and Bonney. Kodiak Island Borough Assembly Minutes June 20, 2013 Page 3 2. Contract No. FY2013-34 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. BONNEY moved to authorize the Manager to execute Contract No. FY2013-34 with B&R Fish, Inc. of Kodiak, Alaska for Road Service Maintenance and Repairs, and Snow Removal and Sanding for Service Area No. 1 for time and materials based on the bid schedule for the period of July 1, 2013 to June 30, 2015. The Kodiak Island Borough Engineering/Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Service Area No.1 (SA1). Sealed bids were received and opened on May 17, 2013. Four bids were received from Golden Alaska, Brechan Enterprises, B&R Fish, and AIM Maintenance. The bids were submitted with price quotes for individual pieces of equipment to be used on the projects provided. A bid schedule was provided for review. In accordance with the code, Borough staff recommended rejection of the lowest bidder, AIM Maintenance, based on the lack of road construction experience per KIBC 3.30.080 resulting in B&R Fish as the lowest responsible bidder. The bids were provided to the SA1 Board, along with staffs recommendation for review and recommendation. At the time, the SA1 Board recommended AIM Maintenance for all the service area work. The staffs recommendation was to award the contract to B&R Fish. A letter from the Board was provided for the Assembly's consideration. STEPHENS moved to amend Contract No. FY2013-34 to award the contract to AIM Maintenance as the lowest bidder. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO TWO: Stephens, Stutes, and Lynch (Ayes); Austerman and Bonney(Noes). AUSTERMAN moved to postpone Contract No. FY2013-34 to the next regular Assembly meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO ONE: Austerman, Bonney, Lynch, and Stephens (Ayes); Stutes (No). Resolutions 1. Resolution No. FY2013-33 Appointing the Kodiak Island Borough Attorney. AUSTERMAN moved to adopt Resolution No. FY2013-33. The resolution was in compliance with KIBC 2.65.020 which stated "the assembly shall appoint the attorney by resolution". The current contract with Wohlforth, Johnson, Brecht, Cartledge & Brooking law firm expired June 30, 2013, with the renewal options for up to three additional one- year extensions at the Borough Assembly's option, The Borough issued a Request for Proposals and interviewed Wohlforth, Brecht, Cartledge, & Brooking law firm and Levesque Law Group, LLC on June 13, 2013. Kodiak Island Borough Assembly Minutes June 20, 2013 Page 4 Between the two firms interviewed, Levesque Law Group, LLC was selected by the Assembly to become the legal counsel and to be recognized as the Borough Attorney. The resolution also authorized the manager to execute a contract with the approved respondent. STEPHENS moved to amend Resolution No. FY2013-33 by inserting Levesque Law Group, LLC on lines 20, 26, and 30 of the resolution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FOUR TO ONE: Austerman, Bonney, Stephens, and Stutes (Ayes); Lynch (No). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Bonney, Lynch, Stephens, Stutes, and Austerman. 2. Resolution No. FY2014-02 Reestablishing the Fees for the Kodiak Island Borough. LYNCH moved to adopt Resolution No. FY2014-02. A substituted version of Resolution No. FY2014-02 was provided. KIBC 3.10.190 ordained that all Kodiak Island Borough fees be reviewed on an annual basis. The last fee resolution was updated December 2012. The proposed fee changes were more in-line with the budgetary needs for the 2014 fiscal year. A corrected version of the fee schedule was provided. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Lynch, Stephens, Stutes, and Austerman. 3. Resolution No. FY2014-03 Participation in the AML/JIA Loss Control Incentive Program. This item was approved under the consent agenda. The resolution would authorize continued Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. The Borough had participated in the Loss Control program since 2006. Participation in the incentive program required the resolution as well as monthly safety committee meetings, bi-annual facilities self- inspections, and employee safety training. It was required that a resolution be adopted annually in order to be eligible for the discount of$20,000 on the Borough's contribution. Ordinances for Introduction 1. Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District(P&Z Case No. 13-020). BONNEY moved to adopt Ordinance No. FY2014-02 in first reading to advance to public hearing at the next regular meeting of the Assembly. This property was rezoned from Industrial to Business in December 2004. Anticipated development opportunities with the Business zoning designation did not prove fruitful. The property owner now wished to return to the status quo and pursue development allowable under the Industrial designation. The adopted plan guidance and surrounding neighborhood, indicated that the I-Industrial Zoning District was the most appropriate zoning district for developmental purposes. Kodiak Island Borough Assembly Minutes June 20, 2013 Page 5 The Planning and Zoning Commission held a public hearing on March 20, 2013, on this request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, and Bonney. Other Items 1. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Jennifer Richcreek). STUTES moved to confirm the Mayoral appointment of Ms. Jennifer Richcreek to the Planning and Zoning Commission Borough seat for a term to expire December 2014. There was currently one vacant Borough seat on the Planning and Zoning Commission. On June 10, the Clerk's Office received an application from Ms. Jennifer Richcreek for the Borough vacant seat term to expire December 2014. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, and Lynch. 2. Confirmation of the Borough Deputy Clerk. AUSTERMAN moved to confirm the Borough Clerk's appointment of Ms. Jessica Kilborn for Borough Deputy Clerk. KIB Code 2.50.030 Deputy Clerk - Appointment. There is established the position of deputy clerk in the legislative service. The Clerk is authorized to appoint the deputy clerk who shall be confirmed by the Assembly. The position of the deputy clerk would be officially vacated on July 12. The position was advertised in-house and Ms. Jessica Kilborn was selected to fill the vacancy. Clerk Javier recommended that the Assembly confirm the appointment of Ms. Kilborn with the start date of July 15, 2013. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, Lynch, and Stephens. CITIZENS' COMMENTS Greg Spalinger spoke to Contract No. FY2013-34. Ken Reinke, Threshold Recycling Executive Director, spoke to the recycling services offered by Threshold. Dennis Svmmons commended the efforts of SA1 Board Chairperson Scott Arndt. Sid Pruitt spoke in opposition of Ordinance No. FY2014-02. Kodiak Island Borough Assembly Minutes June 20, 2013 Page 6 ASSEMBLY MEMBER COMMENTS Assembly members Bonney and Stephens spoke to the SA1 and Cliffside Drive issues. Assembly member Stutes spoke to the NPFMC meetings during the week of June 7 and noted the support of Kodiak regarding the fishery issues was commended. She also spoke to Threshold's recycling program. Assembly members Austerman and Lynch thanked Ms. Richcreek for volunteering to serve on the Planning and Zoning Commission and congratulated Threshold Recycling for its new drive- thru program. Mayor Selby commended Marylynn McFarland, former Deputy Clerk, for her years of service to the community. Mayor Selby and Assembly members Austerman, Lynch, and Stutes congratulated Ms. Kilborn on her appointment as Deputy Clerk. Announcements The next Assembly work session was scheduled on Thursday, June 13 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 20 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT STUTES moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Lynch, Stephens, and Stutes. The meeting was adjourned at 8:49 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes June 20, 2013 Page 7 - ° "' KODIAK ISLAND BOROUGH °not AGENDA STATEMENT :nor REGULAR MEETING OF: JULY 18, 2013 ITEM NO.: 9.A TITLE: Ordinance No. FY2014-03 Submitting the Question of the Adoption of a Secondhand Smoke Control Ordinance to the Voters of the Borough at the October 1, 2013 Regular Municipal Election. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No.��FY2014-03 APPROVAL FOR AGENDA: G�� SUMMARY STATEMENT: This ordinance was requested by Assembly members Bonney and Griffin. The purpose of this ordinance is to submit before the Kodiak Island Borough at the October 1, 2013 Regular Election the question: "Shall the Kodiak Island Borough adopt a secondhand smoke control ordinance?" If approved by the voters, the ordinance becomes effective January 1, 2014 and the Borough code will be amended to add a new Chapter 8.50 Secondhand Smoke Control in Title 8 Health and Safety. This ordinance was reviewed by the Borough Attorney. KIBC 7.10.025 states that an ordinance placing propositions and questions before the voters must be adopted no later than 53 calendar days before a regular regular election. The last day to adopt such ordinance is Friday, August 9, 2013. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-03. Kodiak Island Borough Page 1 of 1 Introduced by: KIB Manager Requested by: Assembly Members Griffin and 2 3 CORRECTED COPY Drafted by: Assembly Members GBonney riffin, 4 07/02/2013 Bonney, and Borough Attorney Introduced: July 2, 2013 5 Public Hearing: 6 Adopted: 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2014-03 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 12 BOROUGH SUBMITTING THE QUESTION OF THE ADOPTION OF A 13 SECONDHAND SMOKE CONTROL ORDINANCE TO THE VOTERS OF 14 THE BOROUGH AT THE OCTOBER 1, 2013 REGULAR MUNICIPAL 15 ELECTION 16 17 WHEREAS, the severe disease-causing and deadly harms of exposure to secondhand 18 smoke have been documented by the U.S. Surgeon General and numerous other 19 recognized scientific authorities; and 20 21 WHEREAS, exposure to secondhand smoke is recognized as a leading cause of 22 preventable death and the U.S. Surgeon General has determined that exposure to 23 secondhand smoke causes approximately 50,000 needless non-smoker deaths from lung 24 cancer and heart disease each year in the United States; and 25 26 WHEREAS, it has been determined by the U.S. Surgeon General that air ventilation 27 systems and filtration/cleaning systems cannot effectively protect health from secondhand 28 smoke and that only completely smoke-free environments can protect health; and 29 30 WHEREAS, workers and members of the public exposed to secondhand smoke for only a 31 short period of time can experience adverse cardiovascular effects and there is no safe level 32 of exposure to the many carcinogens in secondhand smoke. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH THAT: 36 37 Section 1: The following ballot measure shall be submitted to the qualified voters of the 38 Kodiak Island Borough at the October 1, 2013 Regular Municipal Election. 39 The question must receive an affirmative vote from a majority of the qualified 40 voters voting on the question to be approved. 41 PROPOSITION NO. 1 42 43 "Shall the Kodiak Island Borough adopt a 44 secondhand smoke control ordinance?" 45 A "yes" vote would authorize an ordinance prohibiting smoking in enclosed public 46 areas and certain outdoor areas. Kodiak Island Borough, Alaska Ordinance No. FY2014-03 ATTORNEY REVIEWED Page 1 of 6 47 Section 2: This ordinance is of a special nature. If approved by the voters, the ordinance 48 becomes effective January 2, 2014; and the Borough code shall be amended 49 to add a new Chapter 8.50 Secondhand Smoke Control in Title 8 Health and 50 Safety of the Borough Code as follows: 51 52 Chapter 8.50 53 SECONDHAND SMOKE CONTROL 54 Sections: 55 8.50.010 Definitions. 56 8.50.020 Enclosed areas where smoking is prohibited. 57 8.50.030 Reasonable distance. 58 8.50.040 Outdoor areas where smoking is prohibited. 59 8.50.050 Declaration of smoke-free area. 60 8.50.060 Exceptions—Areas where smoking is not prohibited. 61 8.50.070 Signage—Obligations of property owners and employers. 62 8.50.080 Violations and penalties. 63 8.50.090 Enforcement. 64 8.50.100 Nonretaliation and nondiscrimination. 65 8.50.110 Public education. 66 67 8.50.010 Definitions. 68 The following definitions pertain to this chapter: 69 A. "Bar" means a business that sells alcoholic beverages for consumption on the premises 70 and in which the serving of food is only incidental to the consumption of those 71 beverages, including but not limited to taverns, nightclubs, cocktail lounges, and 72 cabarets. 73 B. "Business" means any natural person or legal entity (such as a business-for-profit 74 corporation, nonprofit corporation, sole proprietorship, partnership, limited liability 75 company or trust) that undertakes to provide goods or services to the public regardless 76 of whether the business exists or is conducted for the purpose of making a profit. 77 C. "Employee" means any person who is employed by any employer for compensation or 78 volunteers his or her services. 79 D. "Employer" means a person, business, partnership, association, corporation including a 80 municipal corporation, trust, or nonprofit entity that employs the services of one or more 81 individual persons. 82 E. "Enclosed area" means the interior space within a building or other facility between a 83 floor and a ceiling that is enclosed on all sides by walls, windows, or doors, whether the 84 windows or doors are open or closed, the combination of which extend from the floor to 85 the ceiling. 86 F. "Health care facility" means a business, office, or institution that provides care or 87 treatment of diseases or disability, whether physical, mental or emotional. 88 G. "Operator" means an employer and the owner or manager of a business or place of 89 employment. 90 H. "Place of employment" means an area under the control of a public or private employer, 91 including but not limited to work areas, places of business, private offices, employee Kodiak Island Borough, Alaska Ordinance No. FY2014-03 Page 2 of 6 92 lounges, restrooms, conference rooms, classrooms, cafeterias, hallways, and vehicles. 93 A vehicle is not a place of employment if it is assigned to, driven by, and used 94 exclusively by a single individual. A private residence is not a place of employment 95 unless it is used as a child care, adult care or health care facility on a fee for service 96 basis. 97 I. "Private club" means an organization (whether a legal entity or an informal association of 98 persons) that is the owner, lessee, or occupant of a building used for club purposes, 99 which is operated solely for a recreational, fraternal, social, patriotic, political, 100 benevolent, or athletic purpose, but not for pecuniary gain and which has been granted 101 an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 102 501. 103 J. "Public place" means any area into which the public is invited or permitted, including but 104 not limited to educational facilities, health care facilities, hotels and motels, 105 entertainment establishments, restaurants, food and beverage service establishments, 106 bars, offices, retail stores, and transportation facilities and vehicles accessible to the 107 general public. A private club is a public place when being used for a function open to 108 the public. A private residence is not a public place unless it is used as a child care, 109 adult care or health care facility on a fee for service basis. 110 K. "Restaurant" means an eating establishment, including but not limited to a coffee house, 111 cafeteria or sandwich shop that gives or offers for sale food to the public, guests or 112 employees, including the kitchen or food preparation areas. The term "restaurant" 113 includes a bar area within a restaurant. 114 L. "Smoking" means inhaling, exhaling, burning or carrying any lighted or heated tobacco 115 product, including E-Cigarettes or and other vapor based nicotine delivery devices. 116 8.50.020 Enclosed areas where smoking is prohibited. 117 Smoking is prohibited in the following places: 118 A. Inside an enclosed public area, including a building or vehicle owned or controlled by the 119 borough or borough school district, and including every room, chamber, place of meeting 120 or public assembly under the control of any borough board, assembly, commission, 121 committee, or borough authority. 122 B. Inside an enclosed area that is a public place within the borough, including, but not 123 limited to, every health care facility, transportation facility, retail store, place of business, 124 bus, taxicab, sports arena, or other enclosed area open to the public. 125 C. Inside every enclosed area within a place of employment. 126 D. Inside every enclosed area within a private club licensed under state law for the sale of 127 alcoholic beverages. 128 E. A private residence when used as a child care, adult care, or health service facility on a 129 fee for service basis. 130 F. Rooms that are rented to guests for dwelling, lodging, or sleeping purposes on a non- 131 permanent basis. This includes, but is not limited to hotels, motels, lodges, bed and 132 breakfast establishments, hostels, shelters, or boarding houses. 133 G. Any facility used for the care, housing, or recreation of the elderly, including nursing 134 homes, long term care facilities, assisted living residences with common use corridors. Kodiak Island Borough, Alaska Ordinance No. FY2014-03 Page 3 of 6 135 8.50.030 Reasonable distance. 136 To ensure that smoke does not enter an enclosed area where smoking is prohibited 137 through entrances, windows, ventilation systems or any other means, smoking is permitted 138 only at a reasonable distance outside an enclosed area, public place or place of 139 employment where smoking is prohibited. Unless otherwise stated under this chapter, or 140 increased by the owner, operator, manager, or other person having control of the property, 141 the minimum reasonable distance is 50 feet. 142 8.50.040 Outdoor areas where smoking is prohibited. 143 Smoking is prohibited in the following places: 144 A. Within 50 feet of any entrance to a hospital or medical clinic. 145 B. Within 50 feet of any entrance to an enclosed area on property owned or controlled by 146 the borough or borough school district, including every room, chamber, place of meeting or 147 public assembly under the control of any borough board, assembly, commission, committee, 148 or borough authority. Smoking is allowed only in designated smoking areas. 149 C. Within 15 feet of the entrance to a premises licensed under state law to sell alcoholic 150 beverages for consumption on the premises. 151 D. An outdoor arena, stadium or amphitheater, except in a designated smoking area, 152 which may be established only in a perimeter area at least 50 feet from bleachers, 153 grandstands, seating areas or concession stands. 154 E. Any municipal operated playground or park. 155 156 8.50.050 Declaration of smoke-free area. 157 Smoking is prohibited on any property On enclosed or outdoor areas) if the owner, 158 operator, manager, or other person having control of the property chooses to prohibit 159 smoking. Smoking is prohibited in any place in which a sign conforming to the requirements 160 of KIBC 8.50.070 is posted. 161 8.50.060 Exceptions —Areas where smoking is not prohibited. 162 A. Smoking is not prohibited in the following places: 163 1. Designated smoking areas described in KIBC 8.50.030, 8.50.040, or areas on 164 borough property designated by the borough manager or designee as smoking 165 areas. 166 2. A private residence, except when used as a child care, adult care, or health service 167 facility on a fee for service basis. 168 3. An area on a deck or patio adjoined to a premises licensed under state law to sell 169 alcoholic beverages for consumption on the premises. The 15 foot separation from 170 the entrance to the enclosed area must still be maintained. 171 4. A business whose sole enterprise is to sell and cater to the cultural side of tobacco 172 smoking. This exception is dependent upon proper structural separation and 173 ventilation so as to restrict smoke to the business occupancy holding the exception. 174 This exception will only be granted after receiving compliance authorization by the 175 manager or the manager's designee following a review of an as-built drawing. Kodiak Island Borough, Alaska Ordinance No. FY2014-03 Page 4 of 6 176 B. Nothing in this chapter shall be construed or interpreted to provide any person a right to 177 smoke on premises or property owned, leased or under the legal control of another. 178 179 8.50.070 Signage— Obligations of Operators. 180 A. Every operator of a place of employment or a public place must conspicuously post 181 signage sufficient to inform the public and employees that smoking is prohibited in every 182 enclosed place in the premises or vehicle. 183 B. The operator or other person having control of a building, enclosed area or other area 184 where smoking is prohibited by this chapter must remove any ashtrays and other 185 smoking accessories offered for on-premises use. 186 C. An employer must provide a smoke-free workplace, and neither an employer nor 187 operator having legal control of the premises may permit an employee, customer, or 188 other person to smoke inside an enclosed area or place of employment or permit smoke 189 to infiltrate into an area where smoking is prohibited under the provisions of this chapter. 190 D. An operator or employee of an establishment subject to this chapter who observes a 191 person smoking in violation of this chapter must immediately direct the person to stop 192 smoking. If the person violating the chapter does not stop smoking, the operator or 193 employee must direct the person to leave the premises. 194 8.50.080 Violations and penalties. 195 A. It is unlawful for any person to smoke in any area where smoking is prohibited or for any 196 person who owns, manages, operates, or otherwise controls the use of premises subject 197 to this chapter to fail to comply with the provisions of this chapter. 198 B. A person who smokes in an area where smoking is prohibited by the provisions of this 199 chapter is subject to a fine of$100.00. 200 C. An operator who controls a public place, a business, an enclosed area, place of 201 employment or place of child care or other premises in violation of this chapter is subject 202 to KIBC 8.18.090(B) and the following penalties: 203 1. A written warning for a first violation; 204 2. A fine of$100.00 for a second violation; 205 3. A fine of$250.00 for a third violation within a 24-month period; and 206 4. A fine of $300.00 for a fourth or additional violation within a 24-month period. 207 D. Each violation and each and every day that a violation occurs is a separate violation. 208 8.50.090 Enforcement. 209 A. The borough manager or designee is responsible for the active enforcement of this 210 chapter. 211 B. A person who desires to register a complaint hereunder may initiate enforcement 212 consideration with the borough manager or designee. 213 C. Before citing an operator for violation of this chapter, the borough manager must provide 214 the operator with a written warning for the violation. Thereafter, the operator is subject to 215 the penalties set out in KIBC 8.50.080. 216 D. In addition to the remedies provided in this chapter, a person aggrieved by the failure of 217 the operator or other person in control of a public place or place of employment to Kodiak Island Borough, Alaska Ordinance No. FY2014-03 Page 5 of 6 218 comply with the provisions of this chapter may apply for injunctive relief to enforce those 219 provisions in a court of competent jurisdiction. 220 8.50.100 Nonretaliation and nondiscrimination. 221 A. No operator may discharge, refuse to hire, or in any other manner retaliate or 222 discriminate against any employee, applicant for employment, or customer because 223 such employee, applicant for employment or customer insists upon compliance with a 224 requirement of this chapter. Violation of this subsection is punishable by a fine not to 225 exceed $300.00 for each violation. 226 B. An employee who works in a setting where an employer allows smoking does not waive 227 or otherwise surrender any legal rights the employee may have against the employer or 228 any other person. 229 8.50.110 Public education. 230 The borough manager will engage in a continuing effort to educate the public about the 231 requirements of this chapter and to guide owners, operators, and managers of enclosed 232 areas and other areas subject to the provisions of this chapter to ensure compliance. 233 234 8.50.120 Other Applicable Laws 235 This article shall not be interpreted or construed to permit smoking where it is otherwise 236 restricted by other applicable laws. 237 238 Section 3: If approved by the voters at the election on October 1, 2013, the ordinance 239 set forth in Section 2 shall be effective January 1, 2014. 240 241 Section 4: This ordinance shall be effective upon approval. 242 243 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 244 THIS DAY OF 2014 245 246 KODIAK ISLAND BOROUGH 247 248 249 250 ATTEST: Jerome M. Selby, Borough Mayor 251 252 253 254 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2014-03 Page 6 of 6 Letter to: Received Kodiak Island Borough Assembly JUL 0 E 2013 Kodiak Daily Mirror Kodiak Islam: t%orougt 7/4/2013 Finance Department RE: Smoking Issue Thomas Jefferson is often credited with the quote: "That government is best, which governs least." He may not actually have written these words, but the idea is sound. I hope the Assembly doesn't go forward with their smoking ban proposal. IF they do, I hope the voters restore sanity, by voting it down. I question the legal, (or if legal)the practical powers of the Borough to intrude this far. Mr. Griffin's assertion that it is primarily a worker safety issue, makes me ask; is worker safety a recognized Borough power? Mr. Bonney indicated enforcement would be on a "complaint" basis, similar to other Borough codes. Is that how we want our laws written or enforced? I say: Don't write a rule you can't (or won't) enforce. And, don't write a rule which will add to the cost of government, or divert scarce resources. The Borough staff time required to develop practical,enforceable law and process the ballot measure could be better spent elsewhere. John Miller Mile 41.5 Chiniak Highway Kodiak 9:37'6'54 30044 Mailing address: Box 882 Marysville WA 98270 . °a "• KODIAK ISLAND BOROUGH fltrd ,;,, /f. , AGENDA STATEMENT REGULAR MEETING OF: JULY 18, 2013 ITEM NO.: 12.A TITLE: Reconsideration of Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020, Lash Corporation). ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Click here to enter text. I APPROVAL FOR AGENDA: / , SUMMARY STATEMENT: On July 3, 2013, Assembly member Tuck Bonney, seconded by Assembly member Aaron Griffin, filed a motion to reconsider the vote taken on Public Hearing Item 9.B titled above. At the Assembly meeting, Assembly member Bonney should make the motion to reconsider. Once the motion is seconded, discussion should be focused on the reason to reconsider the vote. As the maker of the motion, Assembly member Bonney should speak first. If the motion to reconsider passes with a majority vote, the original motion will be before you as if the original vote had not taken place. If the motion to reconsider fails, the original vote stands. Only one motion to reconsider shall be entertained on any specific vote even if the Assembly overturns the original action. If a motion to reconsider fails, a second motion to reconsider the same action shall not be in order. RECOMMENDED MOTION: Move to reconsider the vote taken on Ordinance No. FY2014- 02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020, Lash Corporation). Kodiak Island Borough Page 1 of 1 RECONSIDERATION AFFIDAVIT I, - /C /S„ ,-.-ter , having voted on the prevailing side, file my intent to reconsider the vote taken on Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B- Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020 Lash Corporation). Signature ‘o utiini///�i SUBSCRIBED ANO'SPS?Sore me this 3r. July 2013. �•. $ "4 . r ;�/8LG ' N. •-ry P blic In and For Alaska �/� � .....•5 `� Mj9 mission Expires: WEIL., -Rts-J //�lllllllll� 6;1/4,177, , second the reconsideration affidavit filed by Assembly member Tuck Bonney. Signature ootiggitoot SUBSCRIBEDADA/AOrtN 0b, efore me this this 3rd, July, 2013. • �O Ry '• • ' �g�F'; . - ublic In and For Alaskpa a// s44•f �PAy�`\` mission Expires: L,i(1 tee KIBC 2.30.070(P) A motion to reconsider may be applied to any ordinance, resolution, or action of the assembly and has precedence over all motions except the motion to adjourn. An assembly member may make a motion to reconsider only if: 1. The assembly member voted with the prevailing side on the question to be reconsidered. If an ordinance, resolution, or other action which is the subject of a motion to reconsider was not adopted on initial consideration because it did not receive the required number of"yes" votes, then those assembly members voting "no" shall constitute the prevailing side regardless of the relative number of "yes" and "no" votes cast on the question. An assembly member who changes his vote in accordance with these rules shall be a member of the side on which his vote is finally recorded by the clerk. 2. The assembly member makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken. Such a motion for reconsideration requires a two-thirds vote to carry; or 3. Two assembly members file with the clerk, not later than 5 p.m. on the first borough business day following the day on which the vote was taken, a notice of intent to reconsider and then makes the motion to reconsider at the next regular assembly meeting. The assembly member can file by telephone; provided, that the notice of intent to reconsider is signed before the motion is considered. Such a motion for reconsideration requires a majority vote to carry. An assembly meeting which is recessed and reconvened on a different day shall constitute one meeting. The reconvened session of such a meeting shall not constitute the"next regular assembly meeting" as that term is used in this section. Kodiak Island Borough * Vii- ; . * * ��" �t' Community Development Department * % % !(� 710 Mill Bay Road Kodiak, Alaska 99615 a° Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us Memorandum Date: July 8, 2013 To: Mayor and Assembly Members Cc: Borough Manager From: Robert H. Pederson, AICP �-aY Community Development Director RE: Ordinance No. FY2014-02-Proposed rezone of Lot 21, Seaview Subdivision from B- Business to I - Industrial. This memo is intended to provide additional and clarifying information for the above referenced rezone application. This matter was continued at your July 2, 2013 regular meeting to the July 18th regular meeting. A number of issues and concerns were raised during public comments and Assembly deliberations. These included: ➢ Traffic impacts and possible need for turning lane(s) ➢ Impacts to marine habitat and ecosystems ➢ Visibility • Competition with Horizon Lines Lack of fire protection services During the testimony at the public hearing, it was my impression that the issues raised were largely related to potential impacts from a specific development proposal (i.e., a new docking facility) rather than the implications of the proposed change in zoning to I -Industrial. The issue regarding competition with Horizon is not a land use issue. This memo is intended to highlight the different considerations for a rezoning matter from those attributable to specific development scenarios. From the planning perspective, the standard of review for a rezone is quite different than considerations to be evaluated for specific development proposals, as discussed below: State Enabling Legislation Section 29.40.040 Alaska Statutes sets forth these distinctions on how zoning and land regulations serve to implement local comprehensive plans in differing ways: Sec. 29.40.040. Land use regulation. (a)In accordance with a comprehensive plan adopted under AS 29.40.030 and in order to implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited to, (1)zoning regulations restricting the use of land and improvements by geographic districts; (2)land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minimize unfavorable effects of uses and the construction of structures; Zoning Zoning is one of the primary tools to implement the future land use maps in a comprehensive plan. The 2008 Comprehensive Plan contains a series of Future Land Use Maps Zoning, showing the geographic distribution of nine (9) future land use designations throughout the Borough. The comp plan also provides that: "Future land use designations should be considered generalized designations which may include uses allowed in multiple zoning designations."(KIB Comp Plan Chap. 4,pg. 13) Accordingly, multiple zoning districts may be appropriate in any given future land use designation. Ultimately, the decision of which zoning district is the "best fit" for a site is a policy decision of the Assembly, following review and recommendations from staff and the P&Z Commission. Appropriate factors to be considered in making this decision include: Is the proposed zoning district consistent with description of the mapped land use designation? What are the existing land uses? Do they conform to the future land use designation? Will the range of permitted uses in the proposed zoning district be more or less conforming with the future land use designation? Will the range of permitted uses be compatible with existing land uses or zoning in the area in question? Development regulations and permitting for project review Development regulations are intended to ensure that specific projects are consistent with the underlying zoning district and in compliance with all development requirements. Title 17, KIBC establishes standards for a range of permitted and prohibited uses, conditional uses, permitted densities, area requirements (e.g., lot size and width), setbacks, building heights, performance standards, availability of public services, and other requirements for specific uses. These standards are intended to ensure that potential project impacts are reduced, mitigated, or addressed in the design of a project. Other Agency Permit Requirements Specific development proposals are further governed by requirements and permitting responsibilities of other agencies, such as ADEC, the Corps of Engineers, DNR, etc. At the local government level, we are often faced with concerns or potential adverse impacts from development proposals that fall within the regulatory responsibility of those agencies, regardless of local zoning or development regulations that may apply. KIB 2008 Comprehensive Plan Policy Guidance Following the July 2nd public hearing, staff reexamined the-factors noted above for the site in question. The Boy Scout Lake Area: Proposed Future Land Use Map (Figure 4.11) depicts the entire waterfront south from the Coast Guard base in the Conservation Future Land Use Designation. The Conservation land use designation is described as: "Conservation. This designation corresponds to the zoning designation of the some name and allows for a variety of natural resource extractive uses(timber harvest, mining and farming)as well as low density residential use and other uses such as lodges." (KIB Comp Plan Chap. 4, pg. 13) It should be noted that this information is contrary to what was previously presented in the February 8, 2012 P&Z packet for this rezone. The staff memorandum correctly identified the current zoning of the site as B-Business but incorrectly stated that the Comprehensive Plan designated the area as a combination of Industrial/Light Industrial, & Open Space/Recreation. As noted in the original staff report, zoning decisions shall be based upon the recommendations contained in the Comprehensive Plan. KIB 17.10.020. Based on this standard, a rezone to I-industrial would not be appropriate within an area designated with a Conservation future land use designation. In this specific instance, however, it appears there is a mapping error in the 2008 Comprehensive Plan update, because: 1) the area has been zoned Industrial or Business for decades; and 2) the Conservation future land use designation was intended to correspond to the Conservation zoning district, as noted above. Next Steps/Recommendation Staff recommends that the Assembly continue the rezone request and direct staff to prepare a Comprehensive Plan map amendment for review and recommendation by the Planning and Zoning Commission. tr.,.° � KODIAK ISLAND BOROUGH C\ r� AGENDA STATEMENT .aw;, REGULAR MEETING OF: JULY 2, 2013 ITEM NO.: 9.B TITLE: Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B- Business Zoning District To I-Industrial Zoning District(P&Z Case No. 13-020). ORIGINATOR: COD Staff FISCAL IMPACT: ❑ Yes $ or❑ No Funds Available❑Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2014-02; P&Z Resolution; P&Z Decision Letter; Provisional Minutes; and P&Z Case Packet APPROVAL FOR AGENDA: � l (410/ VV SUMMARY STATEMENT: This property was rezoned from Industrial to Business in December 2004. Anticipated development opportunities with the Business zoning designation have not proved fruitful. The property owner now wishes to return to the status quo and pursue development allowable under the Industrial designation. The adopted plan guidance and surrounding neighborhood, indicate that the I - Industrial Zoning District is the most appropriate zoning district for developmental purposes. The Commission held a public hearing on March 20, 2013 on this request and found the request is consistent with the goals and objectives of the 2008, Kodiak Island Borough Comprehensive Plan Update. 14 public hearing notices were sent out and any responses received by the Clerk's Office will be submitted to the Assembly. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-02. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: P&Z Commission Drafted by: Community 2 Development Introduced: 06/20/2013 3 Public Hearing: 07/02/2013 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-02 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 REZONING LOT 21 SEAVIEW SUBDIVISION FROM B—BUSINESS ZONING DISTRICT 11 TO I—INDUSTRIAL ZONING DISTRICT 12 13 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 21 14 Seaview Subdivision, and 15 16 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 17 Commission considered the merits of the rezone request; and 18 19 WHEREAS, the Commission voted to recommend to the Borough Assembly that this lot 20 be rezoned finding that the public necessity, convenience, and general welfare and good 21 zoning practice would be enhanced by such action; and 22 23 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 24 and approved by the Borough Assembly. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH THAT: 28 29 Section 1: This ordinance is not of a general and permanent nature and shall not 30 become a part of the Kodiak Island Borough Code of Ordinances; 31 32 Section 2: Lot 21 Seaview Subdivision is rezoned from B—Business Zoning District to 33 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 or 39 Amendment. 40 41 The site is located close to existing industrial lands and could be a suitable support area 42 for staging and outdoor storage. 43 44 The site was previously zoned I-Industrial for many years prior to 2005. The site is located 45 close to the LASH marine terminal and to the Coast Guard Base and Kodiak State Airport. 46 These are desirable characteristics for an industrial lot. 47 48 The property has been zoned B-Business for a number of years but the petitioner could 49 not identify a feasible business or residential development plan for the site during that 50 time. 51 52 53 Kodiak Island Borough, Alaska Ordinance No. FY2014-02 Page 1 of 2 54 17.72.020 B. Findings as to the Effect a Change or Amendment 55 would have on the Objectives of the Comprehensive Plan. 56 57 A rezone of the subject parcel would be consistent with objectives of the 58 2008 Kodiak Island Borough Comprehensive Plan Update. 59 60 A rezone of the subject parcel would work to implement the 61 Comprehensive Plan. 62 63 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 64 THIS DAY OF 2013 65 66 67 KODIAK ISLAND BOROUGH 68 69 70 71 Jerome M. Selby, Borough Mayor 72 73 ATTEST: 74 75 76 77 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No.FY2014-02 Page 2 of 2 ' ` Kodiak Island Borough �` * �, �' * r"�'r Office of the Borough Clerk � �'!� =� 710 Mill Bay Road o'!�!' a ' Kodiak, Alaska 99615 ' � � Phone (907) 486-9310 Fax (907) 486-9391 clerks cr odiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Tuesday, July 2, 2013, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020 Lash Corporation). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks(a kodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on July 2, 2013. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2014-02 Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020 Lash Corporation). 140) pp. % Alivii"1112t110 4/ It, A„,y, • ®®X /00 4:94# 1 gat 4,, ..40.8 - 01. <0° < Illikir-- - ® r/ Legend 7.--- 1 Lot 21, Sea view Subdivision Kodiak Island Borough GIS System • A 0 1,125 2,250 4,500 6,750 9.3 1 eet This map was prepared horn 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 Bdro dh This map does not represent a survey More intormation about the mapping data can be obtained by ccrtacing the Kodiak Island Borough IT Department at(907)4h6-9333 PUBLIC HEARING FORM Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020 Lash Corporation). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerkskodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Tuesday. July 2, 2013. ANDERSON CONSTRUCTION TWIN PEAKS CONSTRUCTION LASH CORPORATION CO, LLC PO BOX 70 7205 W. REZANOF DRIVE PO BOX 2310 ANCHOR POINT, AK 99556 KODIAK, AK 99615 KODIAK, AK 99615 T.C. ENTERPRISES, INC. KODIAK ISL HSG AUTH BUREAU OF LAND PO BOX 2338 3137 MILL BAY ROAD MANAGEMENT KODIAK, AK 99615 KODIAK, AK 99615 222 W. 7TH AVE, #13 ANCHORAGE, AK 99513 STATE OF ALASKA OMV STORAGE, LLC PORT WRANGELL PROPERTIES, PO BOX 107005 PO BOX 9032 LLC ANCHORAGE, AK 99510 KODIAK, AK 99615 1533 SAWMILL CIRCLE KODIAK, AK 99615 GEORGE BAGGEN DAYTON WANDERSEE JANET JOHNSON 102 BARLOW STREET PO BOX 8516 PO BOX 1 SITKA,AK 99835 KODIAK, AK 99615 KODIAK,AK 99615 VULCAN CO FACILITIES ENGINEERING STILL/BRECHAN/TYHUIS ATTN: LORI DEMI 7205 W. REZANOF DRIVE US COAST GUARD BASE KODIAK PO BOX 195025 KODIAK, AK 99615 KODIAK,AK 99619-5025 * ;;*1.Ctz, Kodi k Island t trough ..` * � � � Community Development Department 4, 6f.r7 710 Mill Bay Road vs . Kodiak, Alaska 99615 Phone (907)486-9363 Fax (907) 486-9396 www.kodiakak.us March 26, 2013 LASH Corporation 7205 W. Rezanof Drive Kodiak, AK 99615 Re: Case 13-020. Request a rezone, according to KIBC 17.205, to rezone Lot 21, Seaview Subdivision from B - Business to 1—Industrial. Dear Mr. Sir: The Kodiak Island Borough Planning&Zoning Commission at their meeting on March 20, 2013 moved to forward the request cited above, recommending approval, to the Borough Assembly. 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 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. The site is located close to existing industrial lands and could be a suitable support area for staging and outdoor storage. The site was previously zoned I-Industrial for many years prior to 2005. The site is located close to the LASH marine terminal and to the Coast Guard Base and Kodiak State Airport. These are desirable characteristics for an industrial lot. The property has been zoned B-Business for a number of years but the petitioner could not identify a feasible business or residential development plan for the site during that time. 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, fijj Sheila Smith Secretary CC: Nova Javier, Borough Clerk Kodiak Island Borough Planning& Zoning Commission Minutes March 20,2013 6:30 p.m.in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the March 20, 2013 regular meeting of the Planning and Zoning Commission at 6:34 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Rick Vahl, Sonny VinbergK/j/aDrabek, and Frank Peterson. V /n\ E) Case 13-020. Request a Rezone, according to KIBC 17.205,to rezone Lot-21,SeaviewiSubdivision from B - Business to I — Industrial. The applicant is LASH Corporation anndithe agent is Mike Brechan. The location is 8335 Rezanof Drive West.The zoning is B-Business. . v Lydick reported this rezone request is brought by the aurrent owner of ttHe,parcel. Sixteen public hearing notices were sent out. This parcel of waterfront property visas rezoned from Industrial to Business on December 16, 2004.The petitioner's rationale for tha2-rezone was that there was no economic return to be derived from Industrial use. Returning the parcel's zoningnt`o the tatusquo ante is likely the most prudent step to take. The U.S. Coast Guard objects to the rezone based upon the recordation of private easements burdening the parcel which would inhibittthe full;`g e f development options allowed in the I-Industrial Zoning District. The U.S. Coast Guard has withdrawn:their�objection. Staff recommended the commission forward this rezone request to the Assembly withha recommendation for approval. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030•C, to`rezone Loot 21, Seaview Subdivision from B — Business to I - Industrial, AND, to adopt those find ni gs•in the'staff report dated February 8, 2013 as Findings of Fact for Case No. 13-020. The public hearing was opened\&closed..There was no public testimony. FINDINGS OF FACT ^I \v 17.205.020'A Fndings.as to the Need and Justification for a Change or Amendment. The sitelis'located close to existing industrial lands and could be a suitable support area for staging and outdoor is ge..'The site was previously zoned I-Industrial for many years prior to 2005. The site is located close to the LASH marine terminal and to the Coast Guard Base and Kodiak State Airport. These are desirable characteristics for an industrial lot. The property has been zoned B-Business for a number of years but the petitibner could not identify a feasible business or residential development plan for the site during that time. 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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY March 20,2013 Page 1 of 1 P&Z Minutes Public Hearing Item 7-E P&Z - March 20, 2013 OREM Overlay Request:a rezone, according t1 KIBC V o c' P&Z i [Oa 13-020 m rezone Ill2a, Seaview Subdivision, from Corporation p= Business%D 0 o Industrial. Agent: p00 Breehan � ;� ..--45:R.: 59-`+ ��^Y�r��."�} Kye + am• V • / .,$" & ✓'r•4 z ' =k�[∎ 'j T~' ", r#a.rt: Yr`k. 149,r 5,.4 Re./, C \\ jW� � bra ' ° e�d �� ' •; 7 ,ref Q . t x x' -r 774`c y tt • w 'SAS ^ '6�'L9h � r .yt cjtw✓ \` -w N �,., i ,-2is`'G: v ..0 ..r, ry t if {try..^ sr '& 4 a = g! ,-t . y "eF rya ,147::771%.*,t ..p �e Si+` ' 14S �F 4 1 *~/��QG r� ;� CC,' 6 -j1 , . if 7 i .Ziy,'f C'))5 ti. 1 r*.r" .nt••, / ■ d Y iy " f 4y.. ay. n„ 400.. o'fro=l'N. .h • s ♦ r.. TS £ K r1 l J J( N♦ '' •J j ' ,f S ,-. r % . P,f k, y7• { . /i r t- ? .'t.:11,7,, }Y -• y u i .. a-, efe 0:9.8— / r y •`Z" ' ' 'A a � E € ro . .4,-' Oira'. � i e % a ' ` ' a a .1. AS- 'J • ` t is • • ttr r /Yrfs, `J Y / .j /f Legend M f��/ et .; i � .. O Lot 21, Seaview Subdivision / t j r' . -' o'" Kodiak Island Borough GIS System n r ibto 0 225 450 900 1,350 BJO wee This map was prepared from the Kodiak Island Borough's G15 System. It is provided for the purpose of showing the general location of a property witfin the Kodiak Island Borough. This nap does not represent a Survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)4x69333. Introduction - Page 1 of 3 Public Hearing Item 7-E P&Z - March 20, 2013 rr c1/27-,A, Kodiak Island Borough Zoning Map Community Development Department p , j Zoning Request: A rezone, aceording50KIBCn`/Ir`[ a Co pag@E@Go 13-020 50 rezone ion Seaview Subdivision, from Corporation f3= Business 500o Industrial, Agent: Ind Breehan #4. .1 ibii I. Ai / • dp sekoti ■ .. *119P1 Lot 21 Seaview Subd 1110 (j) / Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential - Light Industrial raj Watershed _ Rural Residential 2 1 Business Rural Neighborhood Commercial Conservation Single Family Residential Retail Business ® Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial Natural Use This map was prepared from the KadiS Island Borough's GI5 System. It is provided for the purpose of shovnng the general locafion of a property within the Kodiak Islard Borough. This rep does not represent a survey.More irtonnation about the mapping data can be obtained by contacting the Kodiak Island Borough IT Depadmen at(907)485-9333. Introduction - Page 2 of 3 Public Hearing Item 7-E P&Z - March 20, 2013 Current Location Request: A rezone, according to KIBC 17.205 C, . - P&Z Case No. 13-020 to rezone Lot 21, Seaview Subdivision, from Lash Corporation B - Business to I - Industrial. Agent: Michael Brechan • 44. V�• •`I dip Legend Lot 21, Seaview Subdivision Kodiak Island Borough GIS System J Y `' 0 1,125 2.250 4.500 6,750 9.D eel The 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 oformabon about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Introduction - Page 3 of 3 Public Hearing Item 7-A P&Z - February 20, 2013 ,-r-, Kodiak Island Borough PR(nt Form iSutl)nfby,€mall' Community Development Department 710 MITI Bay Rd.Rm 205 }c iks,pq-, , ,¢ P Kodiak AK 99615 eitryrGJ 9 1Ta, tie Ph,(907)486.9362 Fax(907)486-9396 S'ei htto d/www.k ogll aka k.u s PROP ID _ OAK Application for Rezone KIBC 17.205 The following information Is to be supplied by the Applicant: Property Owner/Applicant G45N GOZ-r2.07,v■-3 Mailing Address: 7ZP fr IZEaA4oF r)2 IC i)sA\L- AIL 991&. Phone Number: '07• NQ7— 01$2 Other Contact email,etc.: 9P7 ,54-551155 Legal Description: $ubdv: Block Lot:an) Street Address: Pet a47- Current Zoning: 3 Lii,„ ,6ss Proposed Zoning: no ta57 i&-L— Applicable Comprehensive Plan: win r4,paittT1 9 40, Fosehui.5 Explanation of the need&Justification for a change or amendment of zoning: it's ?Arpin-, .h20S Pam 6:9 reu a- S-IJ 'A1_ .4 co✓6 142)7.* -14 LRSN ! 'tIC-. .4 pa2ES7 pros vt1V,4I- ?t+ Ant/S1 resi vr/drE/L.GZeat Lotdoe w✓ le"r 21 v✓!A)cW trapv,vreno .4 SACIO S. 1210? f/ n/4✓ - ryi 9ia it l.1 ie17. Mrsb` .ts Wilt1 t S 7b 404444-‘ tiry rel-ek To r..i1.0✓c7.c r6c nfe .Q ri Exrk oleic dOF o✓J2 polar f{tY:1-17.265 Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: 1754.1?-4. PirvAtIP aV G tr." 43 her 21 vyd& j) Reirieer e. (P21618va- Stowe,r4/.4. ✓sveG6a l Rt psi-, Date: .9 oct / Signature: ,/�� ! `_.---tej 4 _ rcic7770.en e„1/4c T'T'd 90T2L8WL06T:01 b920-SSL C802) 11I1S A2gI8:W7+Jd d6£:T0 2T02-h-330 Application - Page 1 of 4 DEC-4-2012 01:220 F0I:BARRY STILL (208) 765-0369 TO:065IICafing Item /-A�2 P&Z - February 20, 2013 ,Me /5 4 CDD Staff Certification ��Date: I5.4/r CDD Staff �, Payment Verification Fee Payable In Cashier's Office Room#104-Mn floor of Borough Building Not Applicable r s0.00r ® t/ Less than 1.75 acres: $350.08on,✓ YYY��I"' 1.76 to 5.00 acres: 575o.Od'EC 0 4 2W l 5.01 to 40.00 acres: i' $t,QQJ h:Di4:a uUIUUg 40.01 acres or more: 1 sl,sobioglnpp nonn++mon' moss nF rNt r20tg,130 of Avis' /74.49.1 a, 1t*b„ ' Application - Page 2 of 4 KIB_ArcGIS_Explorer_Online Public Hearing Item 7-A P&Z - February 20, 2013 Isis ' i Is.LASH CORP © ./ C K Y '.I w yi+ p ^` p 1 �+ J m9e Y s �43,f� .aY � D 552001240:: *t q e7 4 $ ��"yP2r A Y lP5n. / fa • Y � �• + r t- � LI[ a t rb 1PF# } e. 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E :list� Feet o B7s 2750 t 5,500 Notification Area This map was prepared from the Kodiak Island Boroudis GIS System. It is provided for the pirpose of shoving the general locaton of a pmpedy 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)4E6-900a Public Comment - Page 1 of 4 Public Hearing Item 7-A P&Z - February 20, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 January 7, 2013 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2013. 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: 13-020 APPLICANT: Lash Corporation AGENT: Mike Brechan REQUEST: A Rezone, according to KIBC 17.205 C,to rezone Lot 21 Seaview Subdivision from B - Business to I - Industrial. LOCATION: 8335 Rezanof Drive West ZONING: B-Business 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, February 5, 2013 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 ssmithrykodiakak.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, February 13,2013,a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (11121),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: Public Comment - Page 2 of 4 Public Hearing Item 7-A P&Z - February 20, 2013 ANDERSON CONSTRUCTION CO,LLC TWIN PEAKS CONTRUCTION LASH CORP P 0 80X 2310 PO BOX 70 7205 W.REZANOF DR KODIAK,AK 99615 ANCHOR POINT,AK 99556 KODIAK,AK 99615 T.C.ENTERPRISES, INC KODIAK ISL HSG AUTH BUREAU OF LAND MANAGEMENT PO BOX 2338 3137 MILL BAY RD 222 W.7TH AVE#13 KODIAK,AK 99615 KODIAK,AK 99615 ANCHORAGE,AK 99513 STATE OF ALASKA OMV STORAGE, LLC PORT WRANGELL PROPERTIES LLC P 0 BOX 107005 PO BOX 9032 1533 SAWMILL CIRCLE ANCHORAGE,AK 99510 KODIAK,AK 99615 KODIAK,AK 99615 GEORGE BAGGEN PORT WRANGELL PROPERTIES LLC DAYTON WANDERSEE 102 BARLOW ST 1533 SAWMILL CIRCLE PO BOX 8516 SITKA,AK 99835 KODIAK,AK 99615 KODIAK,AK 99615 TWIN PEAKS CONSTRUCTION INC JANET JOHNSON VULCAN CO P.O.BOX 70 PO BOX 1 STILL/BRECHAN/TYHUIS ANCHOR POINT,AK 99556 KODIAK,AK 99615 7205 W. REZANOF DR KODIAK,AK 99615 Attention:Lori Demi Facilities Engineering US Coast Guard Base Kodiak PO Box 195025 Kodiak,AK 99619-5025 Public Comment - Page 3 of 4 Public Hearing Item 7-A P&Z - February 20, 2013 U.S. Department of Homeland Security %'�% Commanding Officer P.O.Box 195005 r United States Coast Guard Kodiak,AK 99619-5005 United States Base Kodiak Staff Symbol:(e) �' Phone:(907)487-5320 x202 Coast Guard Fax:(907)487-5334 Email:andrew.s.brown@uscg.mil 11000 Kodiak Island Borough Attn: Community Development Department FEB 4 2013 710 Mill Bay Road Kodiak, AK 99615 Dear Sir or Madam: • This letter serves as U.S. Coast Guard Base Kodiak's response to the requested rezone of Lot 21 Seaview Subdivision(8335 Rezanof Drive West, Kodiak, AK), Case 13-020, Public Hearing Item 7-A. U.S. Coast Guard Base Kodiak objects to the rezone from B- Business to I - Industrial. The land subject of this request was withdrawn from the public domain by Executive Order 8278 October 28, 1939, for use by the Department of the Navy, and subsequently transferred to the Coast Guard by Public Land Order 5550. It was transferred to the Bureau of Land Management by Public Land Order 5627, and made available for conveyance to Koniag, Inc., subject to restrictive use easements established on December 9, 1977 by the Assistant Secretary of the U.S. Department of Interior, the Commandant of the U.S. Coast Guard, and Koniag. A rule of construction applicable to the easements was enacted by Congress in section 410 of Public Law 99-659, 100 Stat. 3740 (1986). The restrictive easements were recorded at the Kodiak Recording District on three separate occasions and can be found beginning on Page 179 of Book 44, Page 734 of Book 48, and Page 653 of Book 108. The restrictive easements maintain a quiet zone for the antenna field near Holiday Beach that is operated by U.S. Coast Guard Communications Station, Kodiak, listening for distress calls from mariners. The easements prohibit equipment that causes harmful electromagnetic interference with this site. Since not all land uses permitted by the Kodiak Island Borough in an Industrial District are compatible with the use restrictions that burden Lot 21 Seaview Subdivision, U.S. Coast Guard Base Kodiak objects to the request to rezone. Under section 410(a)of Public Law 99-659,the Coast Guard and Koniag, Inc., are authorized to agree on terms and conditions for the operation or maintenance of equipment or machinery within the easement area. If you have any questions, please contact CDR Andy Brown, Base Kodiak Facilities Engineer at 907-487-5320, ext. 202. C E nc E Sincerely, _ u FEB - 5 2013 A TRICK S. cELLI ATT Commander, U.S. Coast Guard COMMUNITY DEVELOPMENT DEPARTMENT Acting Commander Copy Legal Service Center West Public Comment- Page 4 of 4 Public Hearing Item 7-A P&Z - February 20, 2013 MEMORANDUM DATE: February 8, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 20, 2013 Regular Meeting CASE: 13-020 APPLICANT: Lash Corporation Agent: Michael Brechan REQUEST: A rezone, according to KIBC 17.205.030 C, to rezone Lot 21, Seaview Subdivision from B— Business to I - Industrial. LOCATION: 8335 Rezanof Drive West. ZONING: B - Business Zoning District Sixteen (16) public hearing notices related to this request were mailed on January 7, 2013. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan did not address this area. This area was incorporated into the Kodiak Island Borough Land Use Plan by Kodiak Island Borough Ordinance 81-8-0. Rezoned from C - Conservation to I —Industrial by Kodiak Island Borough Ordinance No. 81-9-0. Rezoned from I — Industrial to B—Business by Kodiak Island Borough Ordinance FY2005-09. 2. Lot Size: 5.87 acres 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Seaview Subdivision, Lots 1A, 5, 6, 7, 9, 10, 11, 12, 13, & 14 Use: Business & unimproved (vacant) Zoning: I - Industrial Zoning District South: Womens Bay Use: Marine environment Zoning: N /A East: Lash Dock Tideland Lease Use: Waterfront Business Zoning: C- Conservation Zoning District Staff Report - Page 1 of 7 Public Hearing Item 7-A P&Z - February 20, 2013 West: Lot 1, Seaview Estates Use: Vacant Zoning: RR-1 Rural Residential Zoning District. 5. 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"1: 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. ©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. Cl Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. 0 Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. 0 Parcel size,topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. Chapter 17.105 I—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: 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. 12008 Comprehensive Plan Update,Chp. 12 page 3. Staff Report- Page 2 of 7 Public Hearing Item 7-A P&Z - February 20, 2013 17.105.010 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; M.Gravel or sand extraction; N.Junkyards,wrecking,salvage or scrap metal operations; 0. 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. 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.Acetylene gas manufacture or storage; B.Ammonia,bleaching powder or chlorine manufacture; C.Cement,concrete,lime and plaster manufacture; D.Chemical bulk storage and sales; E.Garbage disposal sites,dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. 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. Staff Report - Page 3 of 7 Public Hearing Item 7-A P&Z - February 20, 2013 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. 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 The applicable comprehensive plan provides "in assessing the need and most appropriate locations for new industrial land, consider the following factors". 0 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. The petitioner came before the commission and assembly in 2005 in order to request a rezone to from I industrial to B-Business. Prior to this time the site was used as additional storage support area for the nearby LASH dock terminal. At the time time of this prior rezone the Staff Report - Page 4 of 7 Public Hearing Item 7-A P&Z - February 20, 2013 petitioner's had planned to build a multi-family residential building along the shoreline of Womens Bay. Because the I-Industrial zone does not permit residential uses, the rezone was sought and obtained. Since that time the plan to develop multi-family residential use has been unsuccessful and the petitioner now wishes to rezone the property back to the original (- Industrial designation. A rezone of this land would make the land useful again for industrial use for which does seem to be some a zone that is short supply, particularly for upland industrial lands. N 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. Water and sewer in this area would most likely be coming from the Coast Guard Base or from on-site systems. In this instance, and given the type of business (industry) proposed, the distance to dock terminals and airports is a desirable characteristic. By being close to the LASH dock terminal and the Kodiak State Airport the site is well suited to support logistics of storing materials awaiting shipping. 0 Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. The subject parcel and use is segregated from abutting parcels by a substantial road right-of- way. The U.S. Coast Guard has commented on the request and objects to the rezone on the basis of several easements that were associated with this parcel when it was originally disposed of by the Coast Guard. It may be that the petitioner and the Coast Guard need to investigate this situation further to see if some reasonable accommodation cannot be reached because the property was once zoned I-Industrial in the recent past and it is located in an area that is heavily industrial in terms of zoning. Staff is not sure that restricting the zoning in this location will provide any assurance of compliance with the easements, and in any event the zoning should not preclude the Coast Guard from enforcing the easements. On this basis staff will recommend approval of the rezone, however, if the commission would like to have this issue investigated further, a motion to postpone the case would be the appropriate action. Recent development trends in the area: Most of the area has been developed industrially along the water front and at the base of Old Womans Mountain. Uses in the area include resource extraction, marine freight terminal and warehousing. The site is also close to the Coast Guard Base and to the Kodiak State Airport. Traffic impacts: The site is located along a state highway so it has good access from a traffic perspective. Land suitability: Size, topography, and other characteristics are suitable for industrial use: The site totals 5.87 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 'Appendix pages 23&24 of 25. Staff Report- Page 5 of 7 Public Hearing Item 7-A P&Z - February 20, 2013 (1,131 square feet) to 27.99 acres constitute the accessible industrial zoned inventory. Predominately located along a narrow strip of coastal lands', The site is ideal for outdoor storage uses and staging in support of the nearby LASH marine terminal. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The request is consistent with the recently adopted Kodiak Island Borough 2008 Comprehensive Plan. In essence, rezoning the subject parcel to the I —Industrial Zone District will work to implement the Comprehensive Plan. 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 21, Seaview Subdivision from B— Business to I - Industrial, AND, to adopt those findings in the staff report dated February 8, 2013 as Findings of Fact for Case No. 13-020. 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. The site is located close to existing industrial lands and could be a suitable support area for staging and outdoor storage. The site was previously zoned (- Industrial for many years prior to 2005. The site is located close to the LASH marine terminal and to the Coast Guard Base and Kodiak State Airport. These are desirable characteristics for an industrial lot. The property has been zoned B-Business for a number of years but the petitioner could not identify a feasible business or residential development plan for the site during that time. 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. 3 Appendix page 25 of 25. Staff Report - Page 6 of 7 Public Hearing Item 7-A P&Z - February 20, 2013 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. Staff Report - Page 7 of 7 Public Hearing Item 7-D P&Z - March 20, 2013 • Sheila Smith From: Red Hook Construction <redhook @alaska.net> Sent: Monday, March 04, 2013 6:54 PM To: Sheila Smith Subject: Public Hearing Notice Case#13-020 Applicant: Lash Corporation Agent: Mike Brechan Request: A Rezone,according to KIBC 17.205, to rezone Lot 21,Seaview Subdivision from B-Business to 1- Industrial Location: 8335 Rezanof Drive West Name: Dayton Wandersee Mailing Address: PO Box 8516, Kodiak AK 99615 Property Description: Lot 13, Seaview Subdivision, 8100 W Rezanof Drive, Kodiak AK 99615 Comments: I HAVE NO OBJECTION Additional Comment - Page 1 of 1 ° "'` KODIAK ISLAND BOROUGH A) AGENDA STATEMENT REGULAR MEETING OF: JULY 18, 2013 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2014-06 Authorizing the Manager to Execute a Sole Source Agreement with Watterson Construction Company to Perform Kodiak Middle School Concrete Repairs Phase II Project in the Form of a Change Order to Contract No. FY2013-24. ORIGINATOR: E/F Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. 2014-0 emo ro T. Yorba APPROVAL FOR AGENDA: I I ! � ( f`y UU SUMMARY STATEMENT: The Engineering & Facilities Department has been unsuccessful in its attempts to obtain bids for the Kodiak Middle School Concrete Repairs Phase II project. The scope of work for this project is to repair concrete walkways and walls surrounding Kodiak Middle School to provide for the safety of students and public users of the school facilities. KIB code 3.30.070.B allows for an exception to the competitive bid and award rules if the delays required for compliance with the bidding requirements would jeopardize the public health or welfare. Watterson Construction Company is currently under contract with KIB to construct the KHS Addition & Renovation, and has agreed to perform the Kodiak Middle School work as a change order. The Alaska Department of Education and Early Development (DEED) has agreed to allow KIB to enter into a sole source agreement via change order with Watterson, but has requested the Borough Assembly approve that agreement by resolution. Upon approval by DEED, KIB staff will negotiate the price for the work with Watterson Construction and submit a change order to the Assembly for final approval. Although this work will be approved as a change order to Contract No. 2013-24, the expense, to be authorized at a later date, will be charged to Kodiak Middle School Concrete Repairs, which is an approved bond project. RECOMMENDED MOTION: Move to adopt Resolution No. 2014-06. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Engineering/Facilities Director 3 Drafted by: Borough Clerk Introduced on: 07/18/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2014-06 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AUTHORIZING THE MANAGER TO EXECUTE A SOLE SOURCE 11 AGREEMENT WITH WATTERSON CONSTRUCTION COMPANY TO 12 PERFORM KODIAK MIDDLE SCHOOL CONCRETE REPAIRS 13 PHASE II PROJECT IN THE FORM OF A CHANGE ORDER TO 14 CONTRACT NO. 2013-24 15 16 WHEREAS, the concrete walkways and walls surrounding the Kodiak Middle School are 17 badly deteriorated and repairs have been planned since 2003; and 18 19 WHEREAS, the repair work will be funded through the 2004 General Obligation Bond 20 Issue and is eligible for 70% reimbursement from the State of Alaska; and 21 22 WHEREAS, the Engineering and Facilities Department has been unsuccessful in its 23 attempts to obtain bids for the Kodiak Middle School Concrete Repairs Phase II project; 24 and 25 26 WHEREAS, this project is to provide for the safety of students and public users of the 27 school facilities; and 28 29 WHEREAS, KIBC 3.30.070.B allows for an exception to the competitive bid and award 30 rules if the delays required for compliance with the bidding requirements would jeopardize 31 the public health or welfare; and 32 33 WHEREAS, Watterson Construction Company is currently contracted with the Borough 34 to construct the Kodiak High School Addition and Renovation project and has agreed to 35 perform the work for the Kodiak Middle School in conjunction with the high school project; 36 and 37 38 WHEREAS, the project will be approved as a change order to Contract No. FY2013-24 39 and the expenses will be charged to the Remodel and Renovation Project for Kodiak 40 Middle School Concrete Repairs; and 41 42 WHEREAS, the Alaska Department of Education and Early Development has agreed to 43 allow the Kodiak Island Borough to award this work as a change order rather than through Kodiak Island Borough, Alaska Resolution No. FY2014-06 Page 1 of 2 44 a competitive bidding process, but has requested the Borough Assembly approve that 45 process via resolution. 46 47 NOW, THEREFORE BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND 48 BOROUGH THAT the Manager is authorized to execute a sole source agreement with 49 Watterson Construction Company in the form of a change order to Contract No. 2013-24 to 50 perform Kodiak Middle School Concrete Repairs, with the change order amount to be 51 authorized at a later date. 52 53 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 54 THIS DAY OF 2013 55 56 KODIAK ISLAND BOROUGH 57 58 59 60 ATTEST: Jerome M. Selby, Borough Mayor 61 62 63 64 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2014-06 Page 2 of 2 Jensen MR Yorba Lott Inc. ® MEMORANDUM Serving Alaska Since 1935 Date: June 19,2013 To: Jessica Wolfe, Matt Gandel From: Tony Yorba RE: Justification for Alternative Delivery Kodiak Middle School Concrete Repair CC: Kodiak Middle School is located adjacent to the existing Kodiak High School. The Middle School occupies buildings originally constructed as Kodiak High School in in 1952 that have been expanded and renovated numerous times since then. The buildings are linear in form and located on a stepped site,with a grade change of approx 25 feet over the length of the building. It is also in alignment with the existing high school. As a result of the grade change and the linear building forms, the primary student access along the south and east side of the buildings follows the concrete sidewalks adjacent to the buildings and retaining walls. These walks and walls have been in poor condition for a number of years and have been planned for replacement since 2003. A 2004 General Obligation bond was approved by voters and is eligible for 70% reimbursement. The Borough contracted with Jensen Yorba Lott Inc. to provide construction drawings for the needed improvements. This included surface repair of approximately 450 linear feet of existing concrete walls, replacement of approximately 550 linear feet of sidewalk, and re-surfacing of two concrete stairs as well as other miscellaneous repairs.The full construction drawings and specifications were bid in June,2010, but only one bid was received. In addition, the single bid exceeded available funding. It was decided to reject those bids and in the summer of 2011 some of the sidewalks were repaired to the extent that funding permitted. The plans were revised to reflect the work already done and re-advertised in May,2013. No bids were offered on the date of bid opening, despite the fact that the borough delayed the bid opening by two weeks to allow for alternative approaches to the work recommended by one bidder, and to allow another bidder ample time to prepare a bid. It appears that the primary reason that bidders are reluctant to take on the work is that there is only one concrete batch plant in Kodiak so that obtaining competitive bids is ARCHITECTURE e INTERIOR DESIGN•CONSTRUCTION MANAGEMENT 522 WEST 10111 STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 w w w.jen sen y orb.I o t t.c orn PAGE 1 difficult,especially if the general contractors must use the batch plant as a subcontractor. Also,in recent years there has been a great deal of work in Kodiak, especially for contractors specializing in horizontal construction such as this project. School construction projects always include a significant risk for contractors because the work must be accomplished in the summer,with significant liquidated damages assessed if work exceeds the allocated time. Traditional bidding methodology has not been successful for this project and the result is that the school has been forced to operate with uneven,unsafe walking surfaces around the main entrances to the school and on the main accessways to facilities further north on the school campus. It has also resulted in delay in performing needed repairs to existing concrete walls, which has resulted in greater damage and further costs. This summer Watterson Construction is working on the adjacent high school campus, including similar grading and concrete repair replacement activities.They have indicated a willingness to provide a proposal to accomplish the work indicated in the 2013 plans for the concrete repair at Kodiak High School. We recommend that since Watterson was already selected in a competitive bid process,and express a willingness to accomplish the work, that a contract be negotiated with them to accomplish the necessary repairs. Once a price is negotiated and approved, it would be added via change order to the KHS Addition and Renovation contract. The cost would be tracked separately and included in a separate reimbursement request through the original 2004 GO bond. None of the cost of the KMS concrete repair would be added to the KI-IS project. G:A Projects\13012VICorrAjustification for alternative delivery.docs ARCHITECTURE•INTERIOR DESIGN•CONSTRUCTION MANAGEMENT 522 WEST 10TH STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 www.jensenyorbalott.com PAGE 2 KODIAK ISLAND BOROUGH,ALASKA CONSTRUCTION CONTRACT Kodiak High School Addition and Renovation#10021 PROJECT NAME AND NUMBER Contract#2013-24 This CONTRACT ("Contract"), between the Kodiak Island Borough, Alaska, herein called the Borough, acting by and through its Borough Manager, and Watterson Construction Company Company Name PO Box 220670,Anchorage,Alaska 99522 Company Address (Street or PO Box, City, State,Zip) a/an Individual ['Partnership OJoint Venture OSole Proprietorship X Corporation incorporated under the laws of the State of Alaska, its successors and assigns,herein called the Contractor, is effective the date of the signature of the Borough Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above-referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the Borough. In no event shall the Borough be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the Borough. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Payment under this Contract shall not exceed Sixty Two Million Two Hundred Fifty Seven Thousand Seven Hundred and Fifty dollars ($62,257,750.00) for all base items and additive items number one (1) and eight (8). The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: November 1, 2015 or within _ calendar days following the date of notice to proceed. [The Borough's signature below shall constitute notice to proceed] It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the Kodiak Island Borough Construction Contract Page 1 of 3 C:\Documents and Settings\bcadson\Local Settings\Temporary Internet Files\Content,Outlook\IMZ6PHVC\Watterson contract 2013-24.doc Borough, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the Borough shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the Borough shall have the right to recover _as specified in _Article 11, Supplemental General Conditions 2.6 N/A dollars )per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided,however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of$ 62.257,750.00 Payment Bond, and $_62,257,750.00 Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the Borough subject to the inspection at all times and approval by any regulatory agency, and in accordance with the laws of the State of Alaska and the Borough. For purposes of this Contract, Contracting Officer means _Charles E. Cassidy, Jr._ or any other person designated by the Borough Manager. The Contractor is an independent contractor and not an employee or agent of the Borough. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) ; (2) IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR \Ve*0150 r\ ( ,oV1/4-5�ftketioik CD. Company Name Kodiak Island Borough Construction Contract Page 2of 3 C:\Documents and Settlngs\bcadson\Local SettIngs\Temporary Internet Files\Content.Outlock\1 MZ6PHVC\Watterson contract 2013-24.doc Signature of Authorized Company Representative [3rerd- GaAsort v17e fre,IIen+ Typed Name and Title 1/75//3 Date KODIAK ISLAND BOROUGH cit Signature of Borough Mangey l ` �fiAo¢cts C■4-ssi� V71, Typed Name 2/572613 Date AMA ii LAND oa Borough Clerk / Q >� O O ', _ # O (ATTEST) - 57 *1g" Kodiak Island Borough Construction Contract Page 3of 3 C:\Documents and Settingstbcm lsoMLOcal Settings\Temporary Internet Files1Content.Outlook\1 MZ6PHVC\Watterson contract 2013-24.doc Jensen MEi Yorba Lott Inc. ® I MEMORANDUM Serving Alaska Since 1935 Date: June 19,2013 To: Jessica Wolfe,Matt Gandel From: Tony Yorba RE: Justification for Alternative Delivery Kodiak Middle School Concrete Repair CC: Kodiak Middle School is located adjacent to the existing Kodiak High School. The Middle School occupies buildings originally constructed as Kodiak High School in in 1952 that have been expanded and renovated numerous times since then. The buildings are linear in form and located on a stepped site,with a grade change of approx 25 feet over the length of the building. It is also in alignment with the existing high school. As a result of the grade change and the linear building forms, the primary student access along the south and east side of the buildings follows the concrete sidewalks adjacent to the buildings and retaining walls. These walks and walls have been in poor condition for a number of years and have been planned for replacement since 2003. A 2004 General Obligation bond was approved by voters and is eligible for 70% reimbursement. The Borough contracted with Jensen Yorba Lott Inc. to provide construction drawings for the needed improvements. This included surface repair of approximately 450 linear feet of existing concrete walls, replacement of approximately 550 linear feet of sidewalk, and re-surfacing of two concrete stairs as well as other miscellaneous repairs.The full construction drawings and specifications were bid in June,2010,but only one bid was received. In addition, the single bid exceeded available funding. It was decided to reject those bids and in the summer of 2011 some of the sidewalks were repaired to the extent that funding permitted. The plans were revised to reflect the work already done and re-advertised in May,2013. No bids were offered on the date of bid opening, despite the fact that the borough delayed the bid opening by two weeks to allow for alternative approaches to the work recommended by one bidder,and to allow another bidder ample time to prepare a bid. It appears that the primary reason that bidders are reluctant to take on the work is that there is only one concrete batch plant in Kodiak so that obtaining competitive bids is ARCHITECTURE• INTERIOR DESIGN•CONSTRUCTION MANAGEMENT 522 WEST 10T1 STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 www.jensenyorbalott.com PAGE 1 difficult,especially if the general contractors must use the batch plant as a subcontractor. Also, in recent years there has been a great deal of work in Kodiak, especially for contractors specializing in horizontal construction such as this project. School construction projects always include a significant risk for contractors because the work must be accomplished in the summer, with significant liquidated damages assessed if work exceeds the allocated time. Traditional bidding methodology has not been successful for this project and the result is that the school has been forced to operate with uneven,unsafe walking surfaces around the main entrances to the school and on the main accessways to facilities further north on the school campus. It has also resulted in delay in performing needed repairs to existing concrete walls, which has resulted in greater damage and further costs. This summer Watterson Construction is working on the adjacent high school campus, including similar grading and concrete repair replacement activities.They have indicated a willingness to provide a proposal to accomplish the work indicated in the 2013 plans for the concrete repair at Kodiak High School. We recommend that since Watterson was already selected in a competitive bid process,and express a willingness to accomplish the work, that a contract be negotiated with them to accomplish the necessary repairs. Once a price is negotiated and approved, it would be added via change order to the KI-IS Addition and Renovation contract. The cost would be tracked separately and included in a separate reimbursement request through the original 2004 GO bond. None of the cost of the KMS concrete repair would be added to the KHS project. G:AProjects\13012\ICorrAjustification for alternative dclivery•.docx • ARCHITECTURE• INTERIOR DESIGN•CONSTRUCTION MANAGEMENT 522 WEST 10TH STREET JUNEAU, ALASKA 99801 (907)5864070 FAX(907)586-3959 www.jcnseny orbalott.com PAGE 2 ° • KODIAK ISLAND BOROUGH 7/ AGENDA STATEMENT Y REGULAR MEETING OF: JULY 18, 2013 ITEM NO.: 13.C.1 TITLE: Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract And Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To Natural Use (Case No. 13-027, Landfill). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2014-I•, F': Decision Letter, and P&Z Case Packet APPROVAL FOR AGENDA: I (I ( / _, AO SUMMARY STATEMENT: The Borough Assembly directed that a rezone of the remainder of the Landfill Tract, not previously rezoned to I—Industrial, be investigated by the Planning and Zoning Commission for a rezone to the NU-Natural Use Zoning District, along with Lot 2 of the Sawmill Subdivision. Direction given also included the charge of investigating the merits of amending Ordinance No. 98-06, the Landfill Greenbelt Ordinance. The Commission held a public hearing on June 19, 2013 on this rezone request and found the request consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly approve this rezone request. The Commission declined to directly address Ordinance No. 98-06, but rather referred the matter of the Landfill Greenbelt Ordinance to the Monahska Bay Road Service Area Board. RECOMMENDED MOTION: Move to adopt Ordinance No. FY201-04 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 Requested by: P&Z Commission Drafted by: CDD 2 Introduced: 07/18/2013 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH REZONING THE REMAINDER PORTION OF THE KIB 10 LANDFILL TRACT AND LOT 2 SAWMILL SUBDIVISION FROM A 11 COMBINATION OF C—CONSERVATION AND PL — PUBLIC USE 12 LANDS TO NU—NATURAL USE (CASE NO. 13-027, LANDFILL) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone the 15 remainder portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision; and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 21 remainder portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision be rezoned 22 finding that the public necessity, convenience, and general welfare and good zoning 23 practice would be enhanced by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is not of a general and permanent nature and shall not 32 become a part of the Kodiak Island Borough Code of Ordinances; 33 34 Section 2: The remainder portion of the KIB Landfill Tract and Lot 2 Sawmill 35 Subdivision is hereby rezoned from a combination of C—Conservation and 36 PL-Public Use Lands Zoning Districts to NU—Natural Use Zoning District. 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 39 Commission are hereby confirmed as follows: 40 41 17.205.020 A. Findings as the Need and Justification for a 42 Change or Amendment. 43 The borough needs to maintain some or all of the remainder of the Kodiak Island 44 Borough Landfill Tract and Lot 2, Sawmill Subdivision for a greenbelt buffer to 45 mitigate the day-to-day impacts of landfill activities and commercial activities on Lot 46 1, Sawmill Subdivision from effecting residential properties in the general area. Kodiak Island Borough, Alaska Ordinance No. FY2014-04 Page 1 of 2 47 The borough land surrounding the current Industrial zoned landfill site also 48 provides for some recreational use at the present time and this potential could be 49 further realized if this area and Lot 2, Sawmill Subdivision were properly zoned and 50 managed for recreation purposes. 51 52 17.72.020 B. Findings as to the Effect a Change or Amendment 53 would have on the Objectives of the Comprehensive Plan. 54 A rezone of the subject parcel would be generally consistent with objectives of the 55 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject 56 parcel would work to implement the Comprehensive Plan. 57 58 17.205.020 C. Recommendations as to the approval or 59 disapproval of the change or amendment. 60 The Kodiak Island Borough Planning and Zoning Commission recommends 61 approval of this rezone request. 62 63 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 64 THIS DAY OF 2013 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 77 78 Kodiak Island Borough, Alaska Ordinance No. FY2014-04 Page 2 of 2 Kodiak 4s9 „nd ; ;orough Community Development Department A A % i , m 710 Mill Bay Road u!; _ . fl.v4V rim Kodiak;Alaska 99615 Phone(907) 486-9363 Fax(907)486-9396 www.kodiakak.us June 24, 2013 Mr. Bob Scholze, Borough Resource Management Officer Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK. 99615 Re: Case 13-027: Request A rezone, according to KIBC 17.205.030.A to investigate the rezone of the remainder portion of the KIB Landfill Tract from a combination of C- Conservation and PL-Public Use Land Districts to the NU-Natural Use District; and, An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL-Public Use Land to NU-Natural Use; and An investigation to consider amendments to modify the Landfill Greenbelt Ordinance (KIB Ord. No.98-06) in light of recent and proposed changes to the KIB Landfill Tract zoning. Dear Mr.Scholze, The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 19, 2013 moved to forward the request cited above, recommending approval, to the Borough Assembly. The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 19, 2013 declined to consider amendments to Kodiak Island Borough Ordinance 98-06, and instead adopted the alternate motion to, Move to refer the matter of revising Ordinance No. 98-06 to a meeting of the Monashka Bay Road Service Area Board where a compromise revision can be worked out that address the concerns of the majority of local residents and that recommendation can be brought back to the Assembly for consideration on a subsequent Assembly meeting agenda. 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 assembly 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 that the commission's action be taken up by the borough assembly. The commission attached one condition of approval to their recommendation to the assembly CONDITION OF APPROVAL [1] The rezone of the subject parcels shall become effective upon the final recordation of the applicable plat. The commission adopted the following findings of fact in support of their recommendation to the assembly. 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. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 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(s) 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. This recommendation supports the change to an existing land use district boundary only. • • • 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 MMLL • Sheila Smith Z J Secretary CC: Nova Javier, Borough Clerk Planning&Zoning Commission Monashka Bay Road Service Area Board Public Hearing lem / A P&Z June 19, 2013 1 Current Location Request: A rezone, according to KIBC 17.205.030.A i to investigate the rezone of the remainder portion of 1 Case No. 13-027 the KIB Landfill Tract from a combination of C-Conservation Kodiak Island Borough & PL-Public Use to the NU-Natural Use District; and, Agent: Bob Scholze An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL-Public Use to NU-Natural Use; and, An investigation to consider amendments to modify the Landfill Greenbelt Ordinance (KIB Ord. No. 98-06) in light of recent and proposed changes to the KIB Landfill Tract zoning. (Postponed by staff from the May 2013 P&Z Commission Agenda) ' Drive:O W m - G /eV „'co 4 1 4•4041 ' 'f II S-';<?T.c..*//1-1, o�°� "4� �* , aver.Way I,4 1 J .. � i/ �A a S • • P m' o , � .= �1= ��a� rr e miI 1 \C"c r aw\ ,, • $ Lj viii y Dack,Lake¢°a; II ` � /r o k 5' yr Kr II tt /4 �� C 'IiiJ''q -- V°e'4 '' S sc ,c 4� Legend heP%w �u __i.e.,.kW) ' // (C., Subject Parcels , oaa' ii O� PcQ • t4 ` , IA e‘,eE L are G �°aa No •`?krov jam;' �t .''��. �.e�`.`�� ```����•,, e `e (� o ii /^/ .° _Madsen `���• z1,.,01ee . °ro c Public Hearing Notice Vicinity Map - 0 1.100 2,200 4,400 6.600 8.800 Feet Kodiak Island Borough GIS Community Development Department Subject Parcels This map is provided for informational purposes O bl http://www.kodiakak.us/gis (907)486-9337 only and is not intended for any legal representations. Case No. 13-027 Introduction Page 1 of 3 Public Hearing !ern / A P&Z June 19, 2013 sa Kodiak Island Borough Zoning Map Zoning Request:A rezone, according t .?,2,7205.030.A za 13-0241 minvestigate nf�13- rezone CMG)remainder portion cif (�t1pgD Landfill Tract from©combination CaC-Conservation Kodiak Island Borough a PL-Public 0/1112(10 5392 NU-Natural(VW District; Agent: Bob SGholze OR investigation t considerf�lnp rezone cik1;20@emith Subdivision from PL-Public f[l p sr)NU-Natural alga ENS atia investigation 50 consider amendments 50 modify( i3 Landfill Greenbelt Ordinance won qa,98-06)Ali (IistnQ d recent NCI of proposed n QJfD1Ci- CAD Landfill Tract zoning. (Postponed (xj gat from g'lnp- NEW 2013 P&Z @ommission Agenda) �\ ` ��Lv i o e v to I ic. ,OCV ..ejS�-a --- 1 � 1-\c`9 r,rni _�- c o ��•s o y'� �I 11 n " g Legend • >°)m I ^ ! �0/-I'r ,&iri �i a /o ; " „ r w'�`� Subject Par �m�• ��� +c'' m F ri ,s°, (m�'�ir/ v �r Joj co n °°' @° pA geCr° G 0a� o/Q Acs �� � � �J77 6 ° . n _ e I Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential ® Light Industrial (n Watershed in Rural Residential 2 l Business Rural Neighborhood Commercial j Conservation I_ Single Family Residential (n Retail Business ® Urban Neighborhood Commercial Rural Residential Two Family Residential n Industrial Natural Use Kodiak Island Borough GIS Community Development Department This map is provided for nformational purposes hap-./hw w.kodiakak.us/gis (907)486-9337 my and is not intended for any legal representations. Case No. 13-027 Introduction Page 2 of 3 Public Hearing !ern / A P&Z June 19, 2013 uhi n overlay Request:Arezone, accordingftCM27.205.030.A ( 13-024 to investigate rezone dgie remainder portion& nC�)pCE)Landfill Tract from ei combination CQC-conservation Kodiak Island Borough f•?t PL-Public W3QD( ii p NU-Natural Nap District; Agent: Bob Schulze OM investigation ft consider(�'lnp rezone co liCao Sawmill Subdivision from PL-Public(bag)NU-Natural OAR egel, ft investigation Qt consider amendments ft modify 02 Landfill Greenbelt Ordinance Marl e qp,98-06)ail oilai cg recent EiBi proposed changes fry(tp CD Landfill Tract zoning. (Postponed cmgeog from 02C✓„�j- 2013 P&Z commission Agenda) � 3 'Fitz, C , 4 l Y+ . • t �J Wr" .r, Y x;41.4 A1'�r 4 -1 '. •4; \ / r - t‘ \ / Kodiak Island Borough . . Landfill Tats 1 \ .slii.S/ IP44: ._. , . \It 11. h Landfill Tract Proposed Rezone Public Hearing Item / A P&Z June 19, 2013 Kodi"i k Is!; aid Borough fr * 3 * ;<, Community Development Department Ir y' 710 Mill Bay Road Room 205 IA w ; Kodiak, Alaska 99615 na, °; •-',, :: Phone(907)486-9363 Fax (907)486-9396 www.kodiakak.us May 14,2013 Mr.Bob Scholze,Borough Resource Officer Kodiak Island Borough 710 Mill Bay Road Kodiak,AK 99615 Re: Case 13-027.Request a rezone, according to KIBC 17.205.030.A to investigate the rezone of the remainder portion of the KM Landfill Tract from a combination of C-Conservation and PL- Public Use Land Districts to the NU-Natural Use District;and, An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL-Public Use Land to NU-Natural Use; and, An investigation to consider amendments to modify the Landfill Greenbelt Ordinance(KIB Ord. No. 98-06) in light of recent and proposed changes to the KIB Landfill Tract zoning. (Postponed by staff from the May 2013 P&Z Commission Agenda) Dear Mr. Scholze: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their June 19, 2013 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, June 12, 2013 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 theft 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, Sheila Smith, Secretary Community Development Department Case No. 13-027 Public Comment Page 1 of 12 Public Hearing Item / A P&Z June 19, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak,Alaska 99615 May 14,2013 Public Hearing Item 7-A PUBLIC HEARING NOTICE 'A public hearing will be held on Wednesday, June 19, 2013 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: 13-027 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze REQUEST: A rezone, according to KIBC 17.205.030.A to investigate the rezone of the remainder portion of the KIB Landfill Tract from a combination of C-Conservation and PL-Public Use Land Districts to the NU-Natural Use District; and, An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL- Public Use Land to NU-Natural Use; and, An investigation to consider amendments to modify the Landfill Greenbelt Ordinance (KIB Ord. No. 98-06) in light of recent and proposed changes to the KIB Landfill Tract zoning. (Postponed by staff from the May 2013 P&Z Commission Agenda) LOCATION: 1203 and 1931 Monaska Bay Road ZONING: C-Conservation; 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 on Tuesday, June 4, 2013 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 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 telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, June 12, 2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room(14121),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. 13-027 Public Comment Page 2 of 12 V A - b I ves ,ga o, .t L: , eN q e,\ Kodiak Island Borough rti,,\ eo 40 �m Landfill Tract 8\,��°'a 4 . \‘'Sb h Landfill Tract Proposed Rezone) Public Hearing Item / A P&Z June 19, 2013 DAVID ALLEN MARK ANDERSON THOMAS ANTHONY P 0 BOX 8976 1124 STELLER WAY 2032 ISLAND CIRCLE KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 GARRICK D BARNES ERIC BERG FRANK BISHOP 2091 ISLAND CIR 1619 THREE SISTERS WAY PO BOX 2491 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 SUMMER BLAIN KENNETH CHRISTIANSEN CITY OF KODIAK 1122 MISSION ROAD 1849 MARMOT DR P.O.BOX 1397 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JEREMY COUNCELLER LOGAN CRANE ANDREW DANO 1417 MOUNTAIN VIEW DR 7065 CALLE PONCE DE LEON 2139 FOREST DR KODIAK,AK 99615 NAVARRE,FL 32566 KODIAK,AK 99615 CLIFFORD DAVIDSON C DAVIDSON FAMILY TRUST CLIFFORD DAVIDSON REVOCABLE P.O.BOX 746 P 0 BOX 2097 TRUST KODIAK,AK 99615 KODIAK,AK 99615 PO BOX 746 KODIAK,AK 99615 STEVEN L DEHART JEANNIE DENNIS ANDREW DEVRIES 2231 THREE SISTERS DR PO BOX 2802 2653 DEVILS PRONG ST KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JEAN DICKSON ETAL SHAWN DILLON BRIAN DIXON ETAL P.O.BOX 8347 P.O.BOX 1896 PO BOX 364 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 RONALD&MARY DOUBT BRYAN&AAREN ELLSWORTH LAWRENCE ELLSWORTH 1010 STELLAR WAY 1948 MARMOT DR PO BOX 751 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 BYRDIE EMANUEL WILLARD A FEDA CORINNE FERRE 6710 EAST 75TH COURT P.O.BOX 2933 1962 THREE SISTERS WAY TULSA,OK 74133 KODIAK,AK 99615 KODIAK,AK 99615 FRANK FISH DONALD FOX ROBERT FOY P 0 BOX 437 2251 THREE SISTERS WAY PO BOX 1921 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 Case No. 13-027 Public Comment Page 4 of 12 Public Hearing Item / A P&Z June 19, 2013 ROCKY FRASER ETAL DARCY GLAGOLICH JAMIE GODWIN 1319 MOUNTAIN VIEW DR P 0 BOX 2826 PO BOX 1532 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 FORREST GOULD PATTI HENDRIX WILLIAM HENTGES P.O.BOX 1214 PO BOX 8690 2204 MONASHKA BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 NANCY HILLSTRAND MITCH HULL STEVEN IVANOFF ETAL P.O.BOX 7 526 1ST AVE.SOUTH#315 1327 MOUNTAIN VIEW DR HOMER,AK 99603 SEATTLE,WA 98104 KODIAK,AK 99615 DANNY JACKSON ETAL PATRICIA JACOBSON REVOCABLE CHARLES JOHNSON PO BOX 169 TRUST 8837 S.W.MARSEILLES DR KODIAK,AK 99615 P 0 BOX 8707 BEAVERTON,OR 97007 KODIAK,AK 99615 BONNIE JONES DENISE JONES CAROL JUERGENS ETAL PO BOX 2454 P 0 BOX 1764 1818 E REZANOF DR WHITE SALMON,WA 98672 KODIAK,AK 99615 KODIAK,AK 99615 RONALD KAVANAUGH JOHN W KIMMEL KODIAK ISLAND BOROUGH 1533 SAWMILL CIRCLE 2107 ISLAND CIRCLE 710 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 BENJAMIN KONDRO THOMAS LANCE DENBY LLOYD 1210 MISSION ROAD 1338 MOUNTAIN VIEW DR PO BOX 1521 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KEVIN LOFBERG OTTO MAHLE JR. DOUGLAS MATHERS 2289 FOREST DR P.O. BOX 3150 PO BOX 2916 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JACK MCFARLAND MARTHA MCKINNEY BRUCE MCNEIL PO BOX 8802 P.O.BOX 2037 2147 THREE SISTERS WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DANIEL MENTH FREDERICK MILLER MONASHKA BAY ROAD,LLC PO BOX 2185 PO BOX 9035 PO BOX 1753 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 Case No. 13-027 Public Comment Page 5 of 12 Public Hearing Item / A P&Z June 19, 2013 NEIL MOOMEY REYNOLD MORRIS JR. ROBERT MUDD JR 1769 THREE SISTERS WAY 2570 MONASHKA BAY RD. PO BOX 8933 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 MICKI MUMMERT MICHAEL MURRAY PATRICK O'DONNELL P.O.BOX 1906 2182 THREE SISTERS WAY P 0 BOX 3075 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DANFORTH OGG LLEWELLY FRED O'HEARN DONALD PARKER P.O.BOX 2754 P 0 BOX 88 PO BOX 8301 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JOHN PARKER SR KENNETH PAULLIN CHARLES PETERSON P.O.BOX 653 1523A MISSION RD 1850 THREE SISTERS WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 STEVEN PRICE DAVID PUTNAM S&Y REVOC TRUST 1604-THREE SISTERS WAY PO BOX 1541 C/O SUZANNE SOLENBERGER KODIAK,AK 99615 KODIAK,AK 99615 PO BOX 29 BARROW,AK 99723 RICHARD SALTONSTALL CHRISTOPHER SANNITO DAVID SARAFIN 1637 THREE SISTERS WAY P 0 BOX 104 PO BOX 577 KODIAK,AK 99615 KODIAK,AK 99615 GLENNALLEN,AK 99588 STEPHEN SCHROF ETAL JARED D SKONBERG ROGER SMITH ETAL CARRIE WORTON PO BOX 2572 P.O.BOX 2473 1943 THREE SISTERS WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 RANDALL SPIVEY MARK ST.DENNY STEVEN E STEFFENSEN 1709 THREE SISTERS WAY PO BOX 388 1462 MOUNTAIN VIEW DR KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 STORMY STUTES DAVID SUNDBERG JAMES SWEARINGIN 2230 MONASHKA WAY SR 2055 MARMOT DR. 1877 MARMOT DR KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 THOMAS THISSEN JOHN THOMAS RICHARD THUMMEL 2241 FOREST DR P.O.BOX 3131 PO BOX 8528 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 Case No. 13-027 Public Comment Page 6 of 12 Public Hearing Item / A P&Z June 19, 2013 MICHAEL TICFMAN DARLENE TURNER FREDERICK VAHL 2159 ISLAND CIRCLE 2046 THREE SISTERS WAY 1324 MOUNTAIN VIEW DR KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 VETERANS OF FOREIGN WARS DAVID WESOLOWSKI MARK WHITE PO BOX 404 1904 MARMOT DR PO BOX 284 KODIAK,AK 99615 KODIAK,AK 99615 NORDLAND,WA 98358 CHARLES JIMME WILSON MARK WITHROW ETAL STIG YNGVE 1855 THREE SISTERS WAY 1818 EAST REZANOF DR 1657 THREE SISTERS WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 PAUL ZIMMER ETAL 2000 RIDGE CIRCLE KODIAK,AK 99615 Case No. 13-027 Public Comment Page 7 of 12 Public Hearing Item / A P&Z June 19, 2013 Sheila Smith From: Darlene Turner <darlene @asmilingbear.com> Sent: Tuesday, June 04, 2013 10:44 AM To: Jenny Clay; chazman @ptialaska.net; sprucegardens @alaska.net; kcsprincipal @gmail.com Cc: Jenny Clay; Duane Dvorak; Sheila Smith Subject: Comments to Case 13-027 P&Z Public Hearing Hello Jenny and Sheila, Here is the response from MBRSA to Community Development on the rezone investigation 13-027. 1. The Monashka Bay Road Service Area Board would like to see the remainder of the Landfill Tract that was not rezoned Industrial. rezoned to NU — Natural Use, this includes the rezone of Lot 2, Sawmill Subdivision, to be used as a trail head for future trail through the area. (identified by the Kodiak Trails proposal) 2. The area of the green belt that was approved for the water treatment plant, should be severed from the green belt and included in the Industrial zoning so that any other changes to that small area, identified in previous maps sent to the Borough Assembly by the MBRSA Board, are not under-laid with the green belt designation. 3. The NU — Natural Use portion of the Landfill Tract will still have a portion under-laid with the green belt designation set out in KIB Ordinance 98-06. 4. We request a seat at the table to work with P&Z to come up with the correct area and designation (description) for the green belt language as none exists in Borough Code with the exception of the information in KIB Ordinance 98-06. 5. We also think the stake holders from the VFW should be included in the re-zone process, as a portion of the PU Public Use and C — Conservation Use area is continued onto their tract. 6. Please provide P&Z with all the maps and letters from the MBRSA Board to P& Z as part of our response to the Public Hearing Notice item 7-F Case 13-027. Darlene J. Turner, President Monashka Bay Road Service Area 2046 Three Sisters Way Kodiak, Alaska 99615 1-907-486-6390 1-907-539-2811/ cell From: Jenny Clay [mailto:iclav@kodiakak.us] Sent: Tuesday, April 09, 2013 3:43 PM To: chazman @ptialaska.net; sprucegardens @alaska.net; kcsprincipal @gmail.com; darlene@asmilinobear.com Subject: FW: Pls send to Monashka Bay Service District Forward from Community Development Jenny Clay, Secretary III Engineering & Facilities Kodiak Island Borough 710 Mill Bay Road, Room 224 Kodiak AK 99615 907-486-2343 Voice 907-486-9394 Fax 1 Case No. 13-027 Public Comment Page 8 of 12 Public Hearing Item / A P&Z June 19, 2013 j clay(u),kodiakak.u s From: Sheila Smith Sent: Tuesday, April 09, 2013 3:04 PM To: Jenny Clay Subject: Pls send to Monashka Bay Service District Hi Jenny Here's another one to send out to the Monashka Bay Road Service District.Thanks! 2 Case No. 13-027 Public Comment Page 9 of 12 Public Hearing Item / A P&Z June 19, 2013 Sheila Smith From: Darlene Turner<darlene @asmilingbear.com> Sent: Sunday, June 02, 2013 12:10 PM To: 'M. McKinney'; Sheila Smith Cc: Nova Javier; jerome.selby @kibassembly.org; carol.austerman @kibassembly.org; tuck.bonney @kibassembly.org; aarongriffen @kibassembly.org; david.kaplan @kibassembly.org; chris.lynch @kibassembly.org; mmstep @gci.net; mel.stephens @kibassembly.org; louise.stutes @kibassembly.org Subject: RE: Written Comments for Public Hearing Nice job Martha Dar Darlene/J. Turner A Smdi/no/Bea.rBerland/Breakfat 2046 Three/SGbtersWay Kocl,:a.k% Ala4 cw 99615 1 -907-481 -6390 1 -907-539-2811/cell From: M. McKinney [mailto:marthyoo @hotmail.com] Sent: Saturday, June 01, 2013 2:16 PM To: ssmithekodiakak.us Cc: njavier@kodiakak.us; ierome.selbv @kibassembly.orq; carol.austerman @kibassembly.orq; tuck.bonnev @kibassemblv.orq; aaronoriffen@kibassembly.orq; david.kaplan @kibassemblv.orq; chris.lynch @kibassembly.orq; mmstep @gci.net; mel.stephens @kibassembly.orq; louise.stutes @kibassembly.orq Subject: Written Comments for Public Hearing Comments regarding Case 13-027 I support the rezone of the remainder portion of KIB Landfill tract from a combination of C-Conservation and PL-Public Use Land Districts to the NU-Natural Use District. I also support rezone of Lot 2, Sawmill Subdivision from PL-Public Use land Districts to Natural Use. I only support an amendment to modify the Greenbelt area for the specific and limited land that has already been granted by the Monashka Bay Road Service District (MBRSA) Supervisors from the Greenbelt Ordinance (KIB Ord. No. 98-06) to the Landfill tract's industrial zoning. That being said, I strongly oppose any other amendments to the Greenbelt Ordinance (KIB Ord. No. 98-06) that would rescind, change, or deplete the protections that are contained within the ordinance for the residents of Marmot and Three Sisters Drive, specifically protecting the ground water and surface water which provides our well water. This is a matter of health and well-being, and I urge the Assembly to act carefully and thoroughly regarding the proposals and testimony of any Borough Staff. Monashka Bay area residents were aware of the dump's existence when we purchased property and established our homes. The illegal expansion of the landfill was instrumental in establishment of the greenbelt through KIB Ordinance 98-06 and it's requirement that MBRSA give approval prior to any activities undertaken within the greenbelt. Past experience, specifically the February 7, 2013 meeting in which KIB staff was not forthcoming about their 1 Case No. 13-027 Public Comment Page 10 of 12 Public Hearing Item / A P&Z June 19, 2013 actions, notifications, and justifications of"urgency" for the blanket rezone to Industrial. I am still grateful for the Assembly's response to the Monashka Bay Road Service Supervisors reactions in that meeting; and for your support for the protection of the health and well-being of residents. I strongly oppose any push by staff that urge you to rescind, weaken, or change Greenbelt Ordinance 98-06 with a "landscape buffer around the dump" as a replacement. Please protect the health and well-being of residents of Monashka Bay. Thank you for your consideration. Martha McKinney PO Box 2037 Kodiak, AK 99615 Property Description: USS 1678 TR B, LT 7 2 Case No. 13-027 Public Comment Page 11 of 12 Public Hearing Item / A P&Z June 19, 2013 Sheila Smith From: M. McKinney <marthyog @hotmail.com> Sent: Saturday, June 01, 2013 2:16 PM To: Sheila Smith Cc: Nova Javier; jerome.selby @kibassembly.org; carol.austerman @kibassembly.org; tuck.bonney @kibassembly.org; aarongriffen @kibassembly.org; david.kaplan @kibassembly.org; chris.lynch @kibassembly.org; mmstep @gci.net; mel.stephens @kibassembly.org; louise.stutes @kibassembly.org Subject: Written Comments for Public Hearing Comments regarding Case 13-027 I support the rezone of the remainder portion of KIB Landfill tract from a combination of C-Conservation and PL-Public Use Land Districts to the NU-Natural Use District. I also support rezone of Lot 2, Sawmill Subdivision from PL-Public Use land Districts to Natural Use. I only support an amendment to modify the Greenbelt area for the specific and limited land that has already been granted by the Monashka Bay Road Service District (MBRSA) Supervisors from the Greenbelt Ordinance (KIB Ord. No. 98-06) to the Landfill tract's industrial zoning. That being said, I strongly oppose any other amendments to the Greenbelt Ordinance (KIB Ord. No. 98-06) that would rescind, change, or deplete the protections that are contained within the ordinance for the residents of Marmot and Three Sisters Drive, specifically protecting the ground water and surface water which provides our well water. This is a matter of health and well-being, and I urge the Assembly to act carefully and thoroughly regarding the proposals and testimony of any Borough Staff. Monashka Bay area residents were aware of the dump's existence when we purchased property and established our homes. The illegal expansion of the landfill was instrumental in establishment of the greenbelt through KIB Ordinance 98-06 and it's requirement that MBRSA give approval prior to any activities undertaken within the greenbelt. Past experience, specifically the February 7, 2013 meeting in which KIB staff was not forthcoming about their actions, notifications, and justifications of"urgency" for the blanket rezone to Industrial. I am still grateful for the Assembly's response to the Monashka Bay Road Service Supervisors reactions in that meeting; and for your support for the protection of the health and well-being of residents. I strongly oppose any push by staff that urge you to rescind, weaken, or change Greenbelt Ordinance 98-06 with a "landscape buffer around the dump" as a replacement. Please protect the health and well-being of residents of Monashka Bay. Thank you for your consideration. Martha McKinney PO Box 2037 Kodiak, AK 99615 Property Description: USS 1678 TR B, LT 7 1 Case No. 13-027 Public Comment Page 12 of 12 Public Hearing Item 7 A P&Z June 19, 2013 MEMORANDUM DATE: June 6, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 19, 2013 Regular Meeting CASE: 13-027 APPLICANT: Kodiak Island Borough Agent: Bob Scholze — Resource Management Officer REQUEST: A rezone, according to KIBC 17.205.030 A, to investigate the rezone of the remainder portion of the KIB Landfill Tract from a combination of C- Conservation and PL-Public Use Land zoning districts to the NU-Natural Use zoning district; and, An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL-Public Use Land to NU-Natural Use; and, An investigation to consider amendments to modify the Landfill Greenbelt Ordinance (KIB Ord. No. 98-06) in light of recent and proposed changes to KIB Landfill Tract zoning. (Postponed by staff from the May 2013 P&Z Commission Agenda) LOCATION: 1203 and 1931 E. Monashka Bay Rd. ZONING: C - Conservation Zoning District & PL-Public Use Zoning District One Hundred (100) public hearing notices related to this request were mailed on May 14, 2013. 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 (total Tract area) 3. Existing Land Use: Water treatment, open space, greenbelt, trails 4. Surrounding Land Use and Zoning: North: Monashka Bay Use: Marine environment Zoning: n/a Case No. 13-027 Staff Rpt Page 1 of 11 Public Hearing Item 7 A P&Z June 19, 2013 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 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 5. 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"1: 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. 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. Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. 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. 1 2008 Comprehensive Plan Update,Chp. 12 page 3. Case No. 13-027 Staff Rpt Page 2 of 11 Public Hearing Item 7 A P&Z June 19, 2013 Chapter 17.45 NU — NATURAL USE DISTRICT 17.45.010 Description and intent. The NU natural use zoning district is established for the purpose of protecting the natural environment, including fish and wildlife habitat and water quality and quantity, while providing for the human use of fish, wildlife, and plant resources. This zoning district is also designed to: A. Protect trails on public lands; B. Protect waterways and their banks; and C. Discourage development by prohibiting the construction of most structures in this zoning district. [Ord. 89-04-0 §2, 1989. Formerly §17.12.010]. 17.45.020 Permitted principal uses and structures. The following land uses and activities are permitted in the natural use district: A. Fish, wildlife, or habitat enhancement and/or rehabilitation projects (nonstructural); B. Hunting, fishing, trapping, and plant gathering activities; C. Passive recreation activities (photography, hiking, camping, cross-country skiing, horseback riding, etc.); D. Pedestrian trails and trail systems; E. Public coastal docking facilities; and F. Recreational cabin. [Ord. FY2007-08-0 §4, 2006; Ord. 89-04-0 §2, 1989. Formerly §17.12.020]. 17.45.030 Permitted accessory uses and structures. None are established for this district. [Ord. 89-04-0 §2, 1989. Formerly §17.12.030]. 17.45.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Communication facilities; B. Parks and recreational support structures, including related equipment, facilities, and structures (e.g., playground equipment, bathroom facilities, picnic shelters, parking lots, and other paved areas, etc.); C. Public recreational cabins; D. Road and utility installations; and E. Structures which enhance the intent of the natural use district (e.g., fish, wildlife, or habitat enhancement and/or rehabilitation structures, fish ladders, hatcheries, etc.). [Ord. 94-02 §2, 1994; Ord. 89-04-0 §2, 1989. Formerly §17.12.040]. 17.45.050 Minimum lot area and width requirements. Minimum lot area and width will be specified as a condition of approval for approved conditional uses based on the specific request. [Ord. 89-04-0 §2, 1989. Formerly §17.12.050]. 17.45.060 Maximum lot coverage for structures. Maximum lot coverage for structures will be specified as a condition of approval for approved conditional uses based on the specific request. [Ord. 89-04-0 §2, 1989. Formerly §17.12.060]. Case No. 13-027 Staff Rpt Page 3 of 11 Public Hearing Item 7 A P&Z June 19, 2013 17.45 070 Maximum height of structures. • Maximum height for structures will be specified as a condition of approval for approved conditional uses based on the specific request. [Ord. 89-04-0 §2, 1989. Formerly §17.12.070]. 17.45.080 Setbacks from property lines. Setbacks from property lines will be specified as a condition of approval for approved conditional uses based on the specific request. [Ord. 89-04-0 §2, 1989. Formerly §17.12.080]. 17.45.090 Special district regulations. Approved conditional uses in this district will conform to the following performance standards: A. Must support a public need; B. Must minimize the impact on the natural environment and shall preserve, to the maximum extent feasible and prudent2, natural features, specifically: 1. Conditional uses in upland habitats must retain natural vegetation coverage, natural drainage patterns, prevent excessive runoff and erosion, and maintain surface water quality and natural groundwater recharge areas; and 2. Conditional uses in estuaries, tideflats, and wetlands must assure water flow, natural circulation patterns, and adequate nutrient and oxygen levels; and C. Although a particular conditional use may constitute a minor change, the cumulative effect of numerous piecemeal changes can result in a major impairment of the environment. The particular site for which a conditional use application is made will be evaluated with the recognition that it may be part of a complete and interrelated environmental area. [Ord. 89-04-0 §2, 1989. Formerly §17.12.090]. 17.45.10.0 Fences, parking, and signs. Fences, parking areas, and signs are permitted when they are necessary for the use of the property for a permitted and/or approved conditional use. [Ord. 89-04-0 §2, 1989. Formerly §17.12.100].'- COMMENTS This request for rezone was initiated by the Kodiak Island Borough Assembly at its March 21, 2013 regular meeting. The need for a second round of zoning review was necessitated by the scaling back of the original request to rezone the Kodiak Island Borough Landfill Tract to I-Industrial in its entirety. The industrial zoning area was scaled back to address only that area necessary for current and projected landfill activities. After the Assembly had referred this request to a community council for additional consultation it was decided to have the assembly investigate the rezone of the remainder of the landfill tract and Lot 2, Sawmill Subdivision to NU-Natural Use Land in recognition of the recreational and open space potential represented by those areas now located outside the Industrial zoned landfill activity area. In addition, although it is not a zoning matter specifically, the Greenbelt Buffer Ordinance No. 98-06 was also 2 Feasible and prudent" means consistent with sound engineering practices and not causing environmental,social, or economic problems that outweigh the public benefit to be derived from compliance with the condition which is modified by the term "feasible and prudent." Case No. 13-027 Staff Rpt Page 4 of 11 Public Hearing Item 7 A P&Z June 19, 2013 added to this case for review because it is difficult to consider the Greenbelt Buffer separately from the zoning issues. The 2008, Kodiak Island Borough Comprehensive Plan Update shows the area described by Ordinance No. 98-06 as Open Space/Recreation. In the most recent zoning review process, consultation with Engineering and Facilities staff and representatives of the community determined that a portion of the area designated for industrial use and lying along the Monashka Bay shoreline was not needed for landfill purposes due to topography, drainage, and proximity to the shoreline. This non- industrial remainder now fully wraps around the designated industrial area on two sides and this entire remainder is now being considered for the NU-Natural Use zoning district as a subject of this review. Although the comprehensive plan does not provide an exact fit to the current request, the plan is intended to be a guide and there are always site specific variables that will turn up as part of the investigative process over which elected and appointed officials may need to exercise a certain amount of discretion. So long as the final decision is substantially consistent with the goals and objectives of the comprehensive plan, and the decision is adequately supported by the adopted findings of fact, there is should be no problem if the final decision does not exactly conform to the generalized plan map. 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 2008 KIB Comprehensive Plan Update provides: "Future land use designations should be considered generalized designations which may include uses allowed in multiple designations. Following are brief descriptions of land use designations used in accompanying future land use maps:... Open Space. This designation is intended for park, recreation and open space areas and is implemented at the zoning level by the wildlife and natural use zones.' Goals, Policies & Implementation Actions4 Goal: Maintain and/or improve access to public recreational lands, including via Native corporation or other private lands, where possible. Policy ❑ Support acquisition of easements, land or other methods for accessing recreational lands and resources. Implementation Actions ❑ Establish criteria and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. ❑ Investigate and assess the feasibility of specific tools for establishing or requiring access; determine which tools are most appropriate for specific conditions or situations. 3 2008 KIB Comprehensive Plan Update, Page 13,Chapter 4 b 2008 KIB Comprehensive Plan Update, Page 17,Chapter 9 Case No. 13-027 Staff Rpt Page 5 of 11 Public Hearing Item 7 A P&Z June 19, 2013 ❑ Explore needs and opportunities, and enter into negotiations if warranted, to obtain land or easements for high-value recreational lands owned by the Leisnoi Native Corporation. Goal: Ensure the long-term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. Policies ❑ Support the development of recreational facilities in village communities and other designated areas within the KIB; encourage communities to develop and update local recreation plans. ❑ Encourage or require dedication of land and development of parks in residential areas as development occurs. Implementation Action ❑ Identify potential sites for marine parks that are located near heavily used recreation areas. ❑ Evaluate and identify those lands under Borough ownership that would be appropriate for parks and recreation facilities,with a goal of a comprehensive Parks and Recreation Plan to guide future decisions. ❑ Review urban areas for potential neighborhood and pocket parks in areas of growth. Establish requirements and/or incentives to reserve land, build and maintain facilities. ❑ Develop standards for playground equipment and related improvements to ensure the highest degree of utility at the lowest reasonable cost. Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. Policies ❑ Work with public land managers and private landowners to develop and implement policies and regulations for the intensity and density of permanent recreational facilities and temporary recreational activities. ❑ Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the KIB. ❑ Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. Implementation Actions ❑ Evaluate the impact of commercial recreation and tourism development on sensitive fish and wildlife populations and their habitat, cultural resources and water quality. ❑ Ensure that all recreation areas have a restroom facility and garbage receptacle. ❑ Develop guidelines for how and when remote industrial, resource extraction and other commercial sites may be converted or reused for commercial recreation and tourism uses. ❑ Consider the costs of commercial recreation and tourism on adjacent landowners. Case No. 13-027 Staff Rpt Page 6 of 11 Public Hearing Item 7 A P&Z June 19, 2013 Goal: Provide opportunities for trail use for walking, bicycling, motorized recreational vehicles (ATVs) and others, while minimizing conflicts among users and adverse environmental impacts. Policies ❑ Partner with the Borough Park and Recreation committee, recreational users, the visitor industry and others in trails planning, development and maintenance efforts. ❑ Address and minimize conflicts between different user types on recreational lands and trails, such as ATVs and non-motorized trail users. Consider designating specific areas or trails for certain uses and enforcing restrictions against incompatible uses in those areas (see additional Trails goal, policies and actions). Use a planning process that involves all trail user groups in the Borough. Implementation Actions ❑ Support and fund maintenance of trails and public access to important recreational areas. ❑ Create a road system trails plan using public participation and existing trails with a focus on a trail network that is interconnected, allows for maximum use for all citizens and addresses conflicts among different types of trail users. Consider restrictions on ATV use in specific areas as part of this process. ❑ For areas on the road system, focus on developing, enhancing and maintaining trails according to the following priorities. Highest Priority Kodiak urban area Monashka Middle Bay/Saltery/Lake Miam area Bicycle trail from White Sands to Salonie Creek Womens Bay Natural Area Salonie Creek Other Priorities Anton Larsen Bay USCG/Buskin area Chiniak Pasagshak ❑ Address the following priority actions in developing and implementing a trails plan for the Borough: Major trail re-routes Garbage cans at}railheads Trailhead information kiosks New bridges at stream crossings Improved }railhead parking areas Resolution of conflicts among trail users ❑ Develop a map and guidebook of trails in the Borough.14 ❑ Explore creation of other programs or strategies to maintain trails within the Borough, such as the following: Including a volunteer program A trail crew program Creation of a trail fund-raising program Trail etiquette and safety programs Creation of some separate motorized and non-motorized trails Create an "adopt-a-trail"program featuring volunteer clean-up efforts (Trails Study) Lot 2, Sawmill Subdivision has road frontage along Monashka Bay Road and could provide public access to the remainder of the KIB Landfill Tract. The KIB Landfill Tract also has access from the tidelands the adjoining borough parcel leased to the VFW. Private landowners along the Marmot Drive corridor whose lots back up to the KIB Landfill Tract also have access to the area. Case No. 13-027 Staff Rpt Page 7 of 11 Public Hearing Item 7 A P&Z June 19, 2013 Maintaining the remainder of the KIB Landfill Tract in open space, from the borough perspective, has historically been for the purpose of keeping a greenbelt buffer between incompatible uses of the landfill and residential. In addition, the Greenbelt Buffer Ordinance 98-06 specifically prohibited any use in the area designated other than water treatment for landfill leachate. In addition, changes to water treatment were only allowed with consultation and approval of the Monashka Bay Road Service Area Board. The Greenbelt Buffer Ordinance was not previously reviewed through the rezoning process because it is not a zoning district per se. Staff believes that it is a product of necessity because there was not then, nor is there now, a perfect zoning district to serve as a greenbelt buffer between incompatible uses. Therefore a custom "overlay" ordinance which superseded the underlying zoning district was called for. That reality has not changed and even though the NU-Natural Use zone may be closer to the ideal, it may also need to have some limitations or restrictions in order to continue to serve as both a greenbelt buffer and a recreational area. Staff will make a recommendation on the zoning issues presented here in accordance with KIBC 17.205. With regard to the greenbelt buffer issue, comments have been submitted by the MBRSA and other members of the public indicating that the greenbelt buffer can be withdrawn from the Industrial zoned area but that the rest of the greenbelt buffer should remain intact. If this seems to be the consensus of the community, then it would be a simple matter to revise Ordinance No. 98-06 with a new metes and bounds description excluding only that area zoned Industrial. Staff had pointed out during the last round of community meetings that the duty to provide a buffer for incompatible uses owes to the industrial use and that it might make sense to designate additional areas emanating from the Industrial landfill boundary for a distance of 200 feet or more. This would allow a portion of the remainder to be unencumbered by greenbelt buffer restrictions. In the alternative, the entire remainder could also be designated with the greenbelt buffer designation. Staff will minimally recommend that the greenbelt buffer be withdrawn from the Industrial area, but if it appears that there is not a consensus in the community, an alternate recommendation would be to refer the issue to a public meeting process similar to the ones held under the auspices of the MBRSA where the details of a compromise can be worked out in a process specifically to address the greenbelt buffer. Because this issue is more about dealing with the day-to-day impacts of the use it is not an issue specific to the zoning process and it may be best to deal with this one issue in a more focused process, which is how the record indicates that it was dealt with in the past. Case No. 13-027 Staff Rpt Page 8 of 11 Public Hearing Item 7 A P&Z June 19, 2013 CONFORMANCE WITH THE COMPREHENSIVE PLAN: The request is generally consistent with the 2008 Kodiak Island Borough Comprehensive Plan Update. The process that was used to "right-size" the Industrial landfill activity area has essentially released additional lands identified for potential industrial use which can now be considered for recreational use as well as providing additional buffering from the day-to-day impacts of the industrial landfill operations. 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 data5. Building permit activity has been slow to non-existent and this trend is expected to continue into the foreseeable future. As pointed out by local residents, the buffer area surrounding the industrial landfill activity area has existing trails and recreational use patterns established which can be further legitimized and improved upon if the area were to be recognized as a proper recreation area by the proposed change of zoning to NU-Natural Use Land. TRAFFIC IMPACTS: The proposed NU-Natural Use Land area does not generate a lot of traffic at this time. Access to the area is largely limited to private properties along the Marmot Drive corridor and from the adjoining borough property leased to the Veterans of Foreign Wars. With the inclusion of Lot 2, Sawmill Subdivision in the rezone area there is the prospect that public access could also be developed from this location, however it would likely require some trail hardening to get access to the remainder of the KIB Landfill Tract across substantial wetlands. Lot 2, Sawmill Subdivision fronts along the Monashka Bay Road which is a designated arterial class road and there would be no trouble for this road to handle additional traffic from outside the local area. LAND SUITABILITY: Size, topography, and other characteristics are suitable for recreational and greenbelt buffer use: Land suitability for recreational and greenbelt buffers are minimal. Variations in topography, soils conditions, drainage and vegetation are often the very things that make a recreation area unique and worth visiting. The remainder of the KIB Landfill Tract is about 112 acres and Lot 2, Sawmill Subdivision is about 6 acres for a total rezone area of approximately 118 acres. 5 Appendix pages 21 &22 of 25. Case No. 13-027 Staff Rpt Page 9 of 11 Public Hearing Item 7 A P&Z June 19, 2013 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Staff also recommends only minimal adjustments to the Ordinance No. 98-06 Greenbelt Buffer Ordinance which will be provided in a second motion. APPROPRIATE MOTIONS ZONING 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 A, to rezone the remainder of the KIB Landfill Tract from a combination of C-Conservation zoning and PL- Public Use Land zoning to NU-Natural Use Land zoning; and, To rezone Lot 2, Sawmill Subdivision from PL-Public Use Land zoning to NU-Natural Use Land zoning, and to adopt those findings in the staff report dated June 6, 2013, as Findings of Fact for Case No. 13-027. 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. The borough needs to maintain some or all of the remainder of the KIB Landfill Tract and Lot 2, Sawmill Subdivision for a greenbelt buffer to mitigate the day-to-day impacts of landfill activities and commercial activities on Lot 1, Sawmill Subdivision from effecting residential properties in the general area. The borough land surrounding the current Industrial zoned landfill site also provides for some recreational use at the present time and this potential could be further realized if this area and Lot 2, Sawmill Subdivision were properly zoned and managed for recreation purposes. 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 generally 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. Case No. 13-027 Staff Rpt Page 10 of 11 Public Hearing Item 7 A P&Z June 19, 2013 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. GREENBELT/BUFFER MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve an ordinance to amend Ordinance No. 98-06 to eliminate the greenbelt buffer coverage of the ordinance by implementing a revised metes and bounds descriptions that would eliminate the landfill activity area currently zoned (- Industrial and which would not include any other changes to the existing greenbelt buffer provisions of the existing ordinance. If this ordinance revision is not acceptable Assembly or residents of the Monashka Bay Road Service Area (MBRSA) it is recommended in the alternative to refer this matter to a public meeting of the MBRSA Board where the MBRSA and Engineering and Facilities Department staff can work out a compromise through a public process. Alternate Motion Move to refer the matter of revising Ordinance No. 98-06 to a meeting of the Monashka Bay Road Service Area Board where a compromise revision can be worked out that address the concerns of the majority of local residents and that recommendation can be brought back to the Assembly for consideration on a subsequent Assembly meeting agenda. Case No. 13-027 Staff Rpt Page 11 of 11 Public Hearing Item / A P&Z June 19, 2013 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 APPROVi ING THE STATE OF ALASKA'S FINAL PLAT OF CITY OF KODIAK SANITARY FILE 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 toi 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 to 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, Registered' Land Surveyor, approved by F,.T. KEENAN, Director of Lands on September 24, 1969 and which plat will have access from OTKaLCI Point Road, it being understood that the area will be fenced off and will have a gate on OEMELCI 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 plat preseuted1 1 by the State of Alaska Department of Natural Resources, Division of Lands entitled "City of Kodiak Sanitary Fill Site Survey, Loca- Page One, RESOLUTION NO. 69-38-R Case No. 13-027 Appendix Page 1 of 25 Public Hearing Item / A P&Z June 19, 2013 • ted within protracted sections Nineteen (19) , twenty (201, twenty- nine (29) and thirty (30) T-27 SR-19 W.S.X. Alaska. PAST AND APPROVED this 20th day of Novemter, 169. KODIAK ISLAND BOROUGH A /J sr/ Al 'P a of R, BY: l(.at;._ / [l,'1.—tti3. BOROUGH CdA1RMAN" ATTEST • • Page Two, RESOLUTION NO. 69-38-R Case No. 13-027 Appendix Page 2 of 25 Public Hearing Item / A P&Z June 19, 2013 fl I n I n 7 5 1 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 ,, ('.j 1977 iKODIAK ISLAND BOROUGH // � BY C1�i.;.40 • '. Borou•, i•a '-, empore BY'was, t . • 'rest. ng I tcer • ATTEST: orough clerk First Reading, Approval Date: ti/r vr�.v 2, /9 7 7 Second Reading, Public Hearing,, Approval Date: w �.1y. 7 /777 Effective Date: .Zr-[a�, 7,. /7,7 Case No. 13-027 Appendix Page 3 of 25 Public Hearing Item / A P&Z June 19, 2013 1 1 1 p ^ 3 5 .i KODIAK ISLAND BOROUGH ORDINANCE NO. 84-58-0(A) AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING A ' PORTION OF ADL 44355 AND A PORTION OF TRACT "B" OF BIN TRACT D FROM CONSERVATION TO PUBLIC USE LANDS. i WHEREAS, ADL 44355 has been used for many years as the sanitary I landfill site for the Kodiak road system; and WHEREAS, this site is being studied in order to identify necessary improvements to increase the longevity and the environmental quality of the landfill; and WHEREAS, this site has potential for use as a dry metal dump when the lease for the existing site located in the City of Kodiak expire.; 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 Tract "B" of BLM Tract D north of Moneshka Bay Road is rezoned from Conservation to: Public Lando for that portion of the area starting at the southeast corner of the "sawmill lease tract," running along the easterly boundary 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 58997'27"W of the corner common to Lot 4, Block 2. and Lot 4, Block 3, Ialand 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 shell ba updated to reflect this rezoning. • II Case No. 13-027 Appendix Page 4 of 25 Public Hearing Item / A P&Z June 19, 2013 1 I n , 1 I n 1 5 5 5 d Section d: That this Ordinance shall be Sn full force and effect upon passage and adoption. 1984. PASSED MC APPROVED this 6th day of D!Cem !i KODIAK ISLAND BOROUGH By I'..,/ tit ttdifin nA Boron: 'yor ATTEST: 1 o •I By ' Hat h C erk i FIRST READING DATE: October 4 1984 U. for reconsid-r. 1! ■• 1 SECOND READING. PUBLIC HEARING DATE: Decetlber 6 19 4 I EFFECTIVE DATE: De emb r PARED BE: CoemunlC Davelo ment De artmeot REQUESTED BY: eembl n Dannls Murrn . I I I ti il II I I 1 Case No. 13-027 Appendix Page 5 of 25 P&Z June 19, 2013 T'. 'r—v- , 4:1,z,.' „,- t4eJ:Ae;::: .., .:- - ;.::.. - -.,?ntr5:1;:.1 Fa---- , _ 2 ` Ilf • , t qL+Y L �;vix.iF °° �f.' .+.l 1 "'•d r . 4 �, '" ♦ r"y�: .,.5• � ''w f - tS� t > 7 ■.c V,aM a e•s` x .. ' w 1, R. .yr�.r. 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''. •.�. • 'y•in .ta"''' r ^" . ^ 'JY" 'py dJ y. ..•/r Tr' E. �., rR r✓yam +:. ..,� ..1.1....„>..-.• 'Y'f4• -IvF• :Gib•"[ A ^ 4 `.,. ;1C-, •4 •i• �, Y . • ti. .4 �4 e 1 �' 4 . w. - t ; "'tiv 'R s 44.... s --A• f 6 '• . 4 1",,.„,;(4.4.,1.:` J "e? • v, <94Y. \�.�.lF: '•O r r r v-0 s w n' $bh 4 .. 'Y . }tv.. -t_ ` . ' 4t.`3. y�, . • z�i k f •j1t w � ° aYi-°� ,, T +i. _ Y Y' Cft-1 C, C \•. w 4:S r+•� �•ti}4 �.�r!' �, li Pr e•� :4 L w F.• �? ai 3 .y - A Y.. J r\ ry . 44 i141. \+•c• • '.:. M>_.. IM t ' Ni !c. � ♦ a .1:`1,..+.4 7 \<4 v 4 a{���, . 'C. .4> 4 `,i''`.” +' % �. I•a 4 ,.. v ?1t.4-, Qata .6Y ' "Y -A w e 4 j •y i ` : ♦ 4s}� v ... w.• ^4 +' 4- t iy Mt"(, Y" ..•v.•.. • (,c. . 1ra h.✓�. J &.. .4. '.,• .4. r '�i•-44,• Pl: a Ordinance 84-58-0(A) T wl- s ,., to ai- ta 4I(' lrar nGf . n :.. •` " E u ka }! rs•�gi. `x •'�aa� -7•k!' .: s7.7„Vr..' c 4 1..• 4.-Sta .4 .3l ♦.i 1 Z"f .tr�. f 'it �.v ..�•n Landfill Property Boundary ".sf r `*. -tt .1taSY .i-. L4^. wa....Z � �� �J�� v x '� r - „ii, 'ui• S 't r ! R -:+•t- - ir`, a\a\� ' \ *+y - ! .sty' 4 ` lUa+- 4 1 �ty,�(/� fir, ` �iy •:/:‘,..;• ' �'S*a t �-�\~' ” r ° ri SV;r Fr 4.c� •"Z 7�t f•' ..,.".. .+g> 235 470 940 1,410 1880 v t"Y' i4 S1M t ♦ ry• \ y •r`y1 '/ A Feet .F a 'C ... <_:, •` .1SZ � ' y.. TC' ""s` a.'t �`3-� a�.. �'" .15.1 '. * p' Ralf w'i+ .. iW < �� f N 4�-`44��,,a� {{�� di 1 ?s.�1 - .`v�K:C.o- f'a• 1,--- s. '> Qa• �, w� _ ' }" a.14.••4!tt!I,[;4 'V •4�-- -.. Case No. 13-027 Appendix Page 6 of 25 Public Hearing Item / A P&Z June 19, 2013 KODIAK ISLAND BOROUGH ORDINANCE NO. 87-15-0 AN ORDINANCE OF THE KOOIAK ISLAND BOROUGH ASSEMBLY RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN. WHEREAS, the Monashka Bay Aoad 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 44155 as well as within a 200-foot buffer surrounding a former beaver pond; and WHEREAS, this reservation will serve as a visual and sound barrier ii separating activities at the landfill site from residences in the road service district, NOW THEREFORE, BE IT ORDAINED, by the Kodiak Island Borough Assembly ,:i that: 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 coon boundary of the Monashka Bay Road Service District and ADL 44355 described as follows: liin Beginning at the most westerly corner of cot 1, Sawmill Subdivision, Plat Ho. 64-46: Thence. 585°21'00"W, 739.00 feet; Thence, N34°39'00"W, 411.00 feet; Thence, N25'21'00"E, 739.00 feat; Thence, H63.32'46"£, 1486.67 feet; Thence, NO0•02'33"W, 2197.13 feet, more or less, to the Mean High Water Line along Monashka Bay; Thence, northeasterly along said Mean High Water Line to the cocoon boundary between U.S. Survey 1678 and the City of Kodiak Sanitary Fill Site Survey, 3093.17 feet, more or less, to the southwesterly corner of U.S. Survey 1678, cocoon with the most northerly corner of Lot 2, Sawmill Subdivision; Thence, 529'45'32"W, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; • Thence, 543.25'09"W, 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning; and Case No. 13-027 Appendix Page 7 of 25 Public Hearing Item / A P&Z June 19, 2013 (2) Lot 2, Sawmill Subdivision Containing 69.76 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 activities necessary for health purposes such as a settling pond for leachate for the landfill; with the concurance of the Monashka 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 BOROUGH By Bci[ ugh Mayor By Pf46lding Officer ATT ST: By���a`v��r" hMcjnag i� Boroug 1erk- First Reading, Approval Date: May 7, 1987 .I Second Reading, Public Hearing, Approval Date: June 4, 1987 ( Adoption Date: July 7, 1987 Recommended By: Ordinance No. B7-15-0 : Page 2 Case No. 13-027 Appendix Page 8 of 25 P&Z June 19, 2013 L- tom' ..y i '.t Irr• I- Z r A'a. 44 y- 7difig r .. K -<kr .+a.t 4i r`r r, ♦ _ ed` .,fir ,... �,a. 4 4y r ; ` i•as >. 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Qvw...x'rta•. .a -s•+a-'G t�: P. r e ,..P..,:•-:,€........„�"' _ a z•', �.watj' r �' A }j i Ordinance 87-15-0 .,-`a-Fy -�. .,': n ...aE ..'._cE`',,-.41•‘••••r,.vaV.V. . ”4-11 ‘•r. -.• n 4 ,s.'' <r,g .1.• Landfill Property Boundary , a�=,„tit ,- -,`."7:(--,..'..R .c-ti :� y�� tz�•. }{. �+t *, \.•r =`�3 $ sZ h'v ."��k. r... `i rlw-_z `_ .. P Y rY � �„�..y��"St �t�x LS ti`y ��yyLYS a:7.0 t 4 .e 04. `•:♦v S .v ` .4".-,.it` •r ry,.t�r ,k �n�. +yf�er +M-1,,te'w ..., -v.; .p,�' Y y- : -.4f'iSte3 r .e �, ura- - 41t_ W7. • ~t-`3• 235 470 940 t 410 t,eao {, a> y ma "..: '"�,• r'f}� t Cei� -:-.- b ,yam . '~.•- • %�.c a Fy .1 ate..~ .! ` ,. t• IFeet �4r 1 . >, .'� YL , .�.. a ;;tt���'� ".P. ." ° > '-‘''. • r. I -1`'-':?;_xvh"- tli,w. sY'iC . tWj�wC +�. r ...m Case No. 13-027 Appendix Page 9 of 25 Public Hearing Item / A P&Z June 19, 2013 Introduced by: Mayor Selby Requested by: Engineering/ Facilities Department Drafted by: Environmental Engineer Introduced: 04/07/98 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 CERTAIN 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 Island Borough,Alaska Ordinance No.98-06 Page 1 of 2 Case No. 13-027 Appendix Page 10 of 25 Public Hearing item / A P&Z June 19, 2013 (1) thence, N37°16'44"W, 264.04 feet; (21 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, N2 7 42'18"W, 1,163 feet, more or less, to the Mean High Water the along Monashka Bay; (8) thence, northeasterly, 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; (101 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 • LC Jentse M. 5- :o •u• • . • Gary/ . ens, Presiding Officer ATTEST: Cranyna onna F. Smith, CMC/AAE, Borough Clerk Kodiak Island Borough,Alaska Ordinance No.98-06 Page 2 of 2 Case No. 13-027 Appendix Page 11 of 25 Public Hearing Item / A P&Z June 19, 2013 I .0 1P- c.,lot D.,", i' / - -fie:,..,Kat_ ______ u, , _ Ctt1ji i F 5 • 0 i� ♦,/,i„.' i1� O � m FI eon ��,,o.,,a,0s, 1. I:, 4. ,b =.e - t41 , 19.4 IP SI ! , e Cr::.. o= / )e 'Li 00'� P l / 01” • 1 P➢➢GX ISLAND ➢UflfIIICN Case No. 13-027 Appendix Page 12 of 25 --'- --'" —_ P&Z June l9, 20lS .4idat, AI 4 . ., ,.,..,..,..,. ._. ....... 9....'f'...."7:4',".....•nr a.v.:.'r,'T`•,..agrot-S4_1F.--::..1t,":_ ii:t ....; .4 1.011e.:r. .:'TV 1 G.- ..,--•• .to. %v.v.,. 4 c....„,, .,,,..:,. ...ir-W'it ?.?-1.,.. .„: 'k!.....c.4',4.?„1:4,,,b, ..A.,...;.. ..4:4... • -144i...t.t.lv,., 41s.o.4.,:„.. . „, ;...-..t.a...."14,- • 4,. , •• , t „..„, . ..,c9 l.5- 1.. .!IQ .1....4 4/IR3 I Case No. 13-027 Appendix Page 13 of 25 of $38,093.00. The Bo rough Chairman read Ordinance 68-10-0. Mrs. Springhill made a motion to adopt the Ordinat.te as read at the 2nd reading, seconded by Mt. 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 PLANNING & ZONING NCNB • VIII OLD BUSINESS �A. Exception for Scni.taid, Fill Site at M_onashke Bay (Case 199-A) . After a review for exception for the Sanitary Fill Site and I. nashka 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 1•:onashka Bay (Case 199-A) , seconded by Mr. Barr. Motion carried unani- mously by voice vote. After fur than discussion, the motion was again confirred and � approve3. - 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 Mr. Arndt. Motion carried unanimously by voice vote.. • C. Kodiak Land Company request for change in Plant Si e:. Lease. It was requested by. Mr. Pulp that since the necessary papers were not available, the item be removed from the Agenda and tabled. D. Recon,:i.derat_oa 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 shush a long range plan. It was stated by Mr. Madsen that the City Council felt the proposed rivers such as Suakin River, Russian River, and Sargent Creek mild not . benefit the city because of being too far away from the city itself. Mr. Barr said that to the hest of his knowledge no dtudy of water resources had ever been made by the city: It was moved by Ak. Barr and seconded by Mrs. Springhill that the Chairman write the USGS t.a - Parough Assembly was not able to convice the city that a long range plan scdcy is nccessa y, and inasmuch as the stung would be primarily beneficial to them there shall be no further action on the part of USGS that might involve expense- to the Borough. Mr. Barr stated that the minutes should reflect that the city action is very ill advised and that ha feels we need this study and need to know where water is ,,..a 4lah1g_ *%onion carried by roll call vote. Yes No Jo Hajdu Don Arndt Jim Barr Mrs. Springhill IX NEW BUSILTECS A. SPruel and Oliver. Selvcgre: additional extension of payment: Miller Point Blk 7 Lot 1 1st addition - Blk 10 Lot 6 1st addition. Mrs. Best read the letter fr+an Mr. Samuel and Oliver Selvog iequestin g an additional extension of payment on B1k 7 Lot 1 ;st add- ition - Bl1c 10 Lot 6 1st addition. It was moved by Mr. Barr and seconded by Mrs. Spring- hill that the Borough Assembly gnat the 60 day additional extension for payment of Samuel and Oliver Selvog. Motion carried unanimously by voice vote. B. fecuest for extension of payment for Kenneth Forster re: Miller Point Lot 6 Blk 5 1st addition. A letter was need by the Borough Chairman regarding the request for an extension of payment front Mr. Forster. Mrs. Springhill made a motion to grant a six• months extension of payment with the stipulation that only one lot be involved. It wasi seconded by Mr.. Barr. Notion carried unanimously by voice vote. C. Future Site for Chiniak School. A map of the prosposed site was shown to the Assembly reeMb ._s. -It was stated that the Borough designate this area as the future site of the Chiniak School. 1't. 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 Me:. Barr. Motion carried by voice vote unanimously. rultainnv U' LV1V.NU UUMMLJJIUN 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. Jo n Waller, Chairman P anning & Zoning Commission `- Kodiak Island Borough RE: REQUEST FOR EXCEPTION FOR SANITARY FILL SITE AT MINASFIKA BAY, BY BOROUGH ASSEMBLY (CASE 199-A) At their meeting held on April 24, 1968, the Kodiak Island Borough Planning and Zoning Canmission 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 should be compacted every other day. 4. A rat control program should be maintained. 5. Paper should be prevented flow blowing on the adjacent property. 6. No burning should be permitted. C/ Waller, Chairman Planning & Zoning Commission Kodiak Island Borough 1 The neeting 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 Ills. Edith Longmire Harry Wallace John Flelch Also present; Sam Best, Borough Chairman; Doug Preston, Clerk/Treasurer; Assemblymen Jo Hajdu, Don Arndt, Jim Barr and Betty Springhill; Economic Development and Planning Committeemen Dick Berg, bob Brooks, Frank Peterson, Ivor Schott, and Doris Sinn; and Alternate Emil Norton; Mayor Pete Deveau Hospital Board Members Bob Childs, Dr. Bob Johnson, and David Wodlinger Jim Stansbury, Building Inspector; Ik and Keiser, Sanitarian; and approximately 50 people in the audience. III FINUPES OF PREVIOUS manna1G - April 10, 1963 Mr. Haney moved, seconded by Mr. Brothers, that the minutes be accepted as written. Motion carried by unanimous voice vote. IV on rnur s A. Assembly - 4/18/68 B. Ordinance Committee - 4/23/63 There were no connents. V OLD I3USINESs [. Decision on Request for Exception for Sanitary Fill Site at ;orashka Bay. Pr.ch suggested that a fence be constructed to protect fir. Erin's property m the site. However, Mr. Lest felt that the terrain and cost would prohibit struction of such a fence. Ix. Keiser, the Sanitarian, said that he would itor the fill site. It would be compacted every other day. He has discuss - site with it. Cessna, the contractor, and under the tams cf the present tract, he would be able.to exercise considerable control over the area. discrepancies could be corrected before they got out of hand. An attendant l be present to supervise the operation and to collect fees from private ividuals who bring their avn garbage to the dump. These stipulations are eady in the contract. After further discussion, the motion made at the vious neeting to grant the exception carried by unanimous roll call vote. contract will be submitted to the Assembly for their approval. VI CORRESPONDET - PEOPLE TO BE HEARD A. Messrs. Gagnon, Hart, Moore and Norris of FHA re Zoning and Subdivision Regulations. pr. 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. Concerning lot sizes, he stated that 50 foot lots might be more practical than 70 foot lots, since with the latter an individual may be paying for 20 feel 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 grog 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. heir. Hart, E7-IA planner, stated that FHA is very interested in the completion of Kodiak's comprehensive plan, since a zoning plan based on this overall plan will Cilia fhPM A haffar narnhia rm fha inc,.rah41:4-., r,F a hrna ,10.0 ....-...-arnr Public Hearing item / A KODIAK ISLAND BOROUGH P&Z June 19, 2013 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 44 47 Karluk '3T 37 Kodiak 6,312 6,130 USCG,Base. 1;335 1,301 Larsen Bay 89 87 Old Hai brat 208 218 Ouzinkie 178 161 PoitLions 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 Karluk 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 ofBorough 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. 13ap2?Ap ¢)x Page 18 of 25 Public Hearing Item / A P&Z June 19, 2013 6�, ;kir ...,.4;-. .t. , • tt 7 AT: I1.-F ly. of '. 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J ' 4,1, 10-, i vql 1�' 4 • is a 2• ^/ .1 hjSi 6 J�J�� ' �Y} ,1/•: t Y 4 1 . • 7 ? �i _ t { Q 1 n b .J >1.i-t. 1 d A. / f fir,..lr k A ,�. fi • . t e r [ } y AJ ! r r 1r ey ,_ r i s 4. :01 CS rd i a� rt •„,„ .fi' p" ,V S"�.``y � r r. �r9iS�Q per•;¢y' ,f x l� � ,,,'\ o Q �j, c� . wat ':nom /�,F iipp!`.� �Y",/ a L *t'., II #i ,�> f � 1•s• , f7 �. o ht. . t k eex� 1 �- >i E p r 31� _ — _ Case No. 13-027 Appendix Page 19 of 25 Public Hearing Item / 8 P&Z]une1S, I013 c ? 41.4i 4 l „is, i A 4 .. _ ......,„... v .,,,. .; r, .i4,. ),...., :...i.,....::: ,,, ,y :. 4 ,.• ..4 ' 1 51i, -1E% i 4', it i i I ftri Iiio 1 S 4, II 4 , 1,.„... , 1 ,i, , .,...,.;... . ..74). ,,..,ici:.4:• ...t,c.:4-,..;,,r0,4 gr-3—%"‘iii !lir il E x Att!,,,,y104 i '._ a Case Nn' 1]'O27Appendix Page 2Onf�S Public Hearing Item / A P&Z June 19, 2013 Request: Rezone, ac-Gording Request:A Rezone, according qz)RUC U.205.0304 Residential Impact Qn)rezone W20 394-5 2remainderd PaIIC gC) 13-012 al 44'355, comprising comprising Orag Kodiak Island Borough Solid Kodiak Island Borough Waste Disposal,from 8 combination co PL-Public UN kiwi Efild C-Conservation Zoning District goI-Industrial Zoning District / . . ► : t : C . a 7 , ® � . 9 b 7 . , PIOL. o o ® 1 jufr4.4.•Legend � , Landfill Tract �' Residential Impact , Sar 0--' Kodiak Island Borough GIS System 0 350 700 1,400 2,100 2,800 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. 13-027 Appendix Page 21 of 25 Public Hearing Item / A P&Z June 19, 2013 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 SA 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. 13-027 Appendix Page 22 of 25 Public Hearing Item / A P&Z June 19, 2013 Properties on the Road System Zoned Industrial Area Acreage Zone_Type Use Legal_Desc 1131.26570667000 0.03 IND VAC KODIAK TWNST BK 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 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 an 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 LT 5 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-32B-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 BK 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 CHR USS 444 TR ALT A MISSION RD 12596.83692700000 0.29 IND WFB NEW KODIAK BK 18 LT2 13017.83378320000 0.30 IND VAC NEW KODIAK BK 18 LT 3 13574.30327700000 0.31 IND BUS KODIAK TWNST BK 2 LT 9 13672.46815400000 0.31 IND MFR PORTION OF U551086 TLC 17713.99897590000 0.41 IND WFB ATS 49 TR 5 17720.30757690000 0.41 IND BR USS 444 TR A LT B MISSION RD 18023.08402180000 0.41 IND WFB USS 1086 PARCEL B 18769.26451320000 0.43 IND ACC LAKESIDE 2ND LT 1D 19367.44723300000 0.44 IND 15T 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 A LT 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 1B-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 WFB TIDELAND TRACT N-29A 33777.86415020000 0.78 IND WFB TIDELAND TRACT N-29B 36763.98151840000 0.84 IND WFB 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 GRS LAKESIDE BK 3 LT2 42670.37301390000 0.98 IND WFB ATS 49 TR-18A 43995.00872490000 1.01 IND WFB USS 2537B,BLK 2TR 16A 44256.03373640000 1.02 IND WRH LAKESIDE 2ND LT lA-1 45987.05999270000 1.06 IND SFR ATS 49 TR P-19 Case No. 13-027 Appendix Page 23 of 25 Public Hearing item / A P&Z June 19, 2013 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 WFB USS 2537B BLK 2 TR 16-B 60847.42340260000 1.40 IND WEB ATS 49 TR N-32A-1 61069.08482880000 1.40 IND IND SEAVIEW LT 9 62269.65009720000 1.43 IND VAC SEAVIEW LT 10 62437.15053300000 1.43 IND VAC BELLS FLATS TR D-1 OF TR A 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 LT5 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 LT 7 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 TRA 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 ABK 3 ALL 1219440.05458000000 27.99 IND IND BELLS FLATS TR A BK 4 LT 3 Total Acreage= 232.63 Case No. 13-027 Appendix Page 24 of 25 Public Hearing Item / A P&Z June 19, 2013 Request:Q Rezone, according OD CECIla.205.030(c-0 Roadsystem Industrial in rezone L gMa&geogcriw 394-5 atriag remainder co pat igteg Q 13-012 MIL 44355, comprising f ig- Kodiak Island Borough Solid Kodiak Island Borough Waste Disposal Mbfrom a combination Ca PL-Public Q thmi ape C-Conservation Zoning DistrictlD I-Industrial Zoning District 7 --"-Vj o of a I d " 0 2 A • z giaiev 9 fre, Ti) r o o �j /7-, 0 • m - j ,8 0 b 0 O / O 1 j �f\/&/ Legend • .�,- J 1 / °fV Parcels selection . •V C-------<::il .,(--)0 0 r* GI . 0 i /V/J a Fpg Kodiak Island Borough GIS System a 0 5,500 11,000 22,000 33,000 44,000 Feel 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. a 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. 13-027 Appendix Page 25 of 25 ¢ R "' KODIAK ISLAND BOROUGH :wa ,h � ,- AGENDA STATEMENT REGULAR MEETING OF: JULY 18, 2013 ITEM NO.: 13.C.2 TITLE: Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C-Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY201 ._I5; P: Decision Letter; P&Z Case Packet APPROVAL FOR AGENDA: Aa • SUMMARY STATEMENT: The Borough Resource Management Officer has identified two (2) parcels of land suitable for disposal at a future land sale. Assembly Resolution No. FY 2013-08 declared the parcels surplus and eligible for disposal. Companion Case No. S13-023 affects the subdivision of the land into code compliant parcels. Prior to public disposal, a rezone to a suitable residential zoning district is required. The adopted plan guidance, and surrounding neighborhood, indicate that the Rural Residential One Zoning District is the most appropriate zoning district for the purpose of disposal. The Commission held a public hearing on June 19, 2013 on this request and found the request is consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly approve this rezone request. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-05 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 Requested by: P&Z Commission 1 Drafted by: CDD 2 Introduced: 07/18/2013 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH REZONING A PORTION OF LOT 1 UNITED STATES 10 SURVEY 2539 FROM C-CONSERVATION TO RR1-RURAL 11 RESIDENTIAL ONE ZONING DISTRICT (P8Z CASE NO. 13-028, 12 KODIAK ISLAND BOROUGH) 13 14 WHEREAS, the Planning and zoning Commission received a request to rezone a 15 portion of Lot 1 USS 2539; and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 21 portion of Lot 1 USS 2539 be rezoned finding that the public necessity, convenience and 22 general welfare and good zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances; 32 33 Section 2: A portion of Lot 1 USS 2539, described as Lots 1 and 2, Kashevarof 34 Heights Subdivision, is hereby rezoned from C—Conservation to RR1—Rural 35 Residential One. 36 37 Section 3: This rezone shall become effective upon the final recordation of the plat 38 subdividing a portion of Lot 1 USS 2539, creating Lots 1 and 2 Kashevarof 39 Heights Subdivision. 40 41 Section 4: The findings of the Kodiak Island Borough Planning and Zoning 42 Commission are hereby confirmed as follows: 43 44 17.205.020 A. Findings as the Need and Justification for a Change or 45 Amendment. 46 47 The community has expressed the need for additional residential land to be made 48 available for development purposes. The borough assembly has reviewed and 49 approved a number of surplus parcels for disposal. Some of these lots need to be 50 surveyed and zoned appropriately for residential development before they can be 51 included in a future land sale. Kodiak Island Borough, Alaska Ordinance No. FY2014-05 Page 1 of 2 52 17.72.020 B. Findings as to the Effect a Change or Amendment would 53 have on the Obiectives of the Comprehensive Plan. 54 55 A rezone of the subject parcel(s) would be consistent with objectives of the 2008 56 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject 57 parcel would work to implement the Comprehensive Plan. 58 17.205.020 C. Recommendations as to the approval or disapproval of 59 the change or amendment. 60 The Kodiak Island Borough Planning and Zoning Commission recommends 61 approval of this rezone request. This recommendation supports the change to an 62 existing land use district boundary only. 63 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 64 THIS DAY OF 2013 65 66 67 KODIAK ISLAND BOROUGH 68 69 70 71 Jerome M. Selby, Borough Mayor 72 73 ATTEST: 74 75 76 77 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2014-05 Page 2 of 2 Public Hearing Item 7 E P&Z June 19, 2013 SUPPLEMENTAL MEMORANDUM DATE: June 7, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the June 19, 2013 Regular Meeting CASE: 13-028 APPLICANT: Kodiak Island Borough REQUEST: A rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020 LOCATION: NHN Panamaroff Creek Drive ZONING: C-Conservation Zoning District At the May 15, 2013 Regular Meeting, the commission voted to postpone the public hearing on Case No. 13-028 until the June 19, 2013 Regular Meeting of Planning &Zoning Commission This supplement contains additional information for the above referenced case that has been submitted since the May 15, 2013 Regular Meeting of the Commission. The Borough Resource Management Officer has submitted (attached) additional clarifying information responding to some concerns raised at the May meeting for the Commission's review. The principal clarification is the role (and options) of the Assembly in the expansion of the Road and Fire Service Districts. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020, subject to one (1) Condition of Approval, Case No. 13-028 Supplemental Memorandum Page 1 of 4 Public Hearing Item 7 E P&Z June 19, 2013 and to adopt those findings in the Supplemental Memorandum dated June 7, 2013, as Findings of Fact for Case No. 13-028. CONDITION OF APPROVAL [1] The rezone of the subject parcels shall become effective upon the final recordation of the applicable plat. 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. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 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(s) 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. This recommendation supports the change to an existing land use district boundary only. Case No. 13-028 Supplemental Memorandum Page 2 of 4 Public Hearing Item 7 E P&Z June 19, 2013 „e, t} \ Kodiak Island Borough frinfr ` f7'. yp OFFICE of the MANAGER 2i •,( , ' f h 710 Mall Ba}'Road • ' rz.0 Kodiak,Alaska 99615 q ! x Phone (907) 486-9304 Fax (907)486-9374 E-mail:rscholzeQikodiakak.us A,l To: Planning and Zoning Commission From: Bob Scholze, Resource Management Office Date: May 28, 2013 Re: Case 13-028 (Rezone of Lots 1&2, Kashevarof Heights Subd.) This updates my staff report dated April 30, 2013, providing additional information. This rezone case accompanies subdivision Case S13-023, both of which were postponed from the Commission's May meeting. As previously mentioned, the area encompassing these proposed lots at the end of Panamaroff Creek Drive in Womens Bay was reviewed for disposal in Case 13-002, which sought to identify Borough property on the road system suitable for residential use as future land sale candidates. By Resolution No. FY 2013-01, the Commission recommended to the Assembly that the property be declared surplus to the public's need and made available at a future land sale, which was subsequently accomplished by Assembly Resolution No. FY 2013-08. Originally three potential lots were identified, but the area suitable for disposal has been scaled back to two lots in the preliminary plat (Case S I3-023) for protection of drainage and wetlands. The area comprising proposed Lots 1 and 2 is adequately elevated alleviating those concerns. They slope generally to the northwest, providing for good drainage and affording a view of the bay. According to the revised preliminary plat, access to the proposed lots will be provided by right-of-way dedication extending Panamaroff Creek Drive. The Womens Bay Service Area Board has noted that these properties are outside of the existing service area boundary established by Ordinance 75-26-0, and subsequently expanded by Ordinance No. 93-50. The expansion of a service area is initiated by introduction of an ordinance by the Assembly effecting the proposed action (KIBC 4.05.040). Since there are no voters living in the area that would be affected by this ordinance, an election as referenced in KIBC 4.05.060 is not Case No. 13-028 Supplemental Memorandum Page 3 of 4 Public Hearing Item 7 E P&Z June 19, 2013 required unless the Assembly should find that the entire service area is affected by the proposed action. The zoning proposed for these two lots is RRI--Rural Residential One, consistent with the surrounding residential zoning and with the 2008 KIB Comprehensive Plan Update (Figure 4-10). The lots well exceed the 40,000 sq. ft. minimum required in the RR1 zoning district. Additionally, proposed conditions #7 and #8 of subdivision approval require documentation provided by a registered engineer attesting to the adequacy of the property for septic installation satisfying ADEC requirements in support of the proposed density, and availability and adequacy of potable water for domestic purposes. In related Case 13-003 last August, the Commission took into consideration a request for disposal of proposed Lot 1 through direct negotiation with the owner of the adjacent property (Lot 26-C) rather than offering it to the public at a future land sale by competitive bid. The Commission recommended against disposal by direct negotiation with only one property owner. However, the Commission did see fit to recommend that the Assembly consider granting a preference option to the applicant in Case 13-003 if she is still the owner of adjacent Lot 26-C at the time of the future land sale, and if the Assembly is convinced that the needs of the applicant are compelling and persuasive. Case No. 13-028 Supplemental Memorandum Page 4 of 4 Public Hearing Item 7 C P&Z May 15, 2013 Request: A rezone, per KIBC 17.205.030 A, Current Location to rezone a portion of Lot 1 USS 2539 P&Z Case No. 13-028 from C - Conservation Zoning District to Kodiak Island Borough RR-1 Rural Residential Zoning District, according to KIBC 17.205.020. .: / IkI IS � �I' tr+•!vo sr111 .c ' gttalifamp."1,A0 ... ..----4ir* 0 tiv.% -4/ is/ ir ikto,w • Ai ‘,. ih-- ,(5 gp Wir` It ,./* **, \ii4 40,w-4,,ew1 0.24 , _...... 4,4*.(4. ,2 $.4t. 4-■ 4#11,"*.O.,-- 44■ 4aver , #1:11 ilp...._ II \ \.. \z/ V,- _4k4)-4,ts i i A-NaWT 1 I 1 .4 0 A, 4/4 ..0 wArli ....__,,, I1H------it , l�,� &�.`+• ki Appx Location of '��WAl�. �r:`0�i Ar�- f'V r'k le lariAll ', Rezone Area I /\ \- ri Kodiak Island Borough GIS System 0 900 1,800 3,600 5,400 7,200 Feet t 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. 13-028 Introduction Page 1 of 3 Public Hearing Item 7 C P&Z May 15, 2013 . .i, Kodiak Island Borough Zoning Map m 1 Community Development Department 1 amain Zoning Request:A rezone,R2OCECU.205.030A Qo rezonea portion dilaagm to P&Z QOM G0a, 13-028 CoConservation Zoning Dist rictrows, Kodiak Island Borough Rural Residential Zoning District, according(¢jo C g .2D5.020. PP ift -, p , fir fir► A ....,Li . .,. Lam► ` ® -�- IAppx Location of Rezone Area Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential _ Light Industrial a Watershed _ Rural Residential 2 Es Business Rural Neighborhood Commercial Conservation Single Family Residential Retail Business — Urban Neighborhood Commercial Rural Residential Two Family Residential 0 Industrial i Natural Use This romp was prepared from the Kodiak Island Borough's GI5 System. It is provided far the purpose of showng the general location of a properly wittin 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. 13-028 Introduction Page 2 of 3 Public Hearing Item 7 C P&Z May 15, 2013 Request:arezone, okW :f'W/205.0304 Meg;Overlay in ezone®portion gaol S OEINNADOicao d� P&Z 13-0B8 Q=conservation Zoning District orm.a Kodiak Island Borough Rural Residential Zoning District, according'go I'Q eI ©n77.205.020. ti a, Y - 1 as 5 .,'§'_.,»` 'Ill N b - ate+ i - *` c $# -y` 'i� r + '> JJI ', SS Am ► l a + � rk f av a.? -x , ,ir ,i� ; ,~," 0.x + _ r p� aM e ALA � V r le • 4_ t• *. �zss.4'4. fah 'Y3 k ` ifs' (. ' f C E 2 iEy' ( t( S d •,w , 4 , , , t , , k S ?FIirt?.J ,Any 4 1y�y�0.]6 ' a l #0k 5 i` t.' f .* Xi r Cyl�a r ,d: &j ,t' -. :g* .. It; fir: � � �f,q�g' � _ r . .a AS I / �/ asa"�'- -t('' ( $` 1 .R:sj �?a' -s d$s (, asil qJ' ' 3k *�-""t�T " .P` Y led f{ 1`k F. , C. i ✓f 4 .es t- y r „h it fa }„F a�� s ' t r , r 4 r, s !'i y` J S .bg p. i': L i-ir-, ,4„ s..t 1 ti ..rr* g ' .. -� ° �' e 9fC ' ' °� ��. n- { .... Appx Location of , ' !i C - - (r Y 04,-* j 'r '' } T °g6 n -I; 'aa nea ai.ifr yr } ! " N^ p yeC e ttvu I i i-:,-}.- '' jY 3r 4 .,. t.j�T - cam F*.''{ ' ',-a �j '14`. r tie ✓te 1 !C .. ` ,i ba r oN.c"k i/if" '. i.r.A py ,, f` i' : .art-,o k i - .9 M:.. _..._ .r Ky .s ..ref s � _iar_S a ,... _ .:i a Kodiak Island Borough GIS System e. Ira .iihticv I This map was prepared from the Kodiak Island Boroughs GIS System. It is proeidel for the purpose of shoving the general locatoon of a property withn the Kodiak Island Borough. This map does not represent a survey.More infonredon about the mapping data can be obtained by canta:ing the Kodiak Island Borough IT Department at(907)486 9333 Case No. 13-028 Introduction Page 3 of 3 Public Hearing Item 7C P&Z May 15, 2013 L P.rihi!r'1 [�"SuSFrili yEmaif—' Kodiak Island Borough Il/�,, If�� M I(�—�- •{5. E V ate. I V L� Community Development Departm 770 Mill BayRd.Rm 205 Kodiak F Ph.(907)486-9362 Fax(907 )486-9 http://www.kodiakak.us APR - 1 2013 PROP_IDA67(f %r' 4 COMMUNITY DEVELOPMENT DEPARTMENT 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 Rd,Kodiak AK 99615 Phone Number: 486-9304 Other Contact email,etc.: rscholze @kodiakak.us Legal Description: Subdv: Ptn.Lot 1,USS 2539(proposed Lts 1&2,Kashavarof Sub. Black: Lot: Street Address: NHN Panamaroff Creek Dr. Current Zoning: Conservation KIBC 17.50 Proposed Zoning: RR1 KIBC 17.70 Applicable Comprehensive Plan: 2008 KIB Comprehensive Plan Update Explanation of the need&justitcation for a change or amendment of zoning: This is consistent with Assembly direction to identify land on the road system suitable for disposal for residential use. There has been in recent years a shortage of developable lots on the market. This property,consisting of 2 proposed lots,is adjacent to existing 881 zoning,in close proximity to existing infrastructure,and characterized by gentle slopes affording a view. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: This rezone is consistent with the Proposed Future Land Use of rural residential as designated in the 2008 KIB Comprehensive Plan Update(p.86). It is also consistent with the land use goal policy for the Womens Bay area to"...increase the supply of private land to allow for community growth(p.91),'as well as the land use goal implementation action to'_.encourage new residential development while maintaining a minimum lot size of RR1 (40,000 square feet)(p.91). The size of the two proposed lots will be nearly double the minimum required for the RR1 zoning district. I —aag Date: Signature: 754,96 Oicioe 7 , ip Case No. 13-028 Application Page 1 of 6 Public Hearing Item 7 C P&Z May 15, 2013 CDD Staff Certification Date: CDD Staff: Payment Verification Fee Payable in Cashier's Office Room#104-Main floor of Borough Building Not Applicable r 50.00 Less than 1.75 acres: F $350.00 1.76 to 5.00 acres: (J 5750.00 7 5.01 to 40.00 acres: r $1,000.00 40.01 acres or more: (— 51,500.00 Case No. 13-028 Application Page 2 of 6 U i 0 r D9oo 00 m ,� Co \ A31.a' OWNERSHIP AFFIDAVIT -. N / AAl 8851 z' vcci �ryp 0 0 co.,unn '. 56._E T28-05.81 At8B.54' - s�GSfl Ei r(1 I�wr mM2mzrwazMUumnn Mla Timm rw[wn.Apivum 00N ‘ % ,wc — NZB57. s�@' ��4� MOO,ei Dwwoly MIX CPS 5610 IT co ~ �D7, - ROFF CREEK °°_ 'S em Bi� • . ..�� 0.0 _N cT * tse �1 PAP pRryE 1 C •¢ Anil �,ti L \�VE�JJA. 1 N r - _ w 0- V'INCINITY MAP o 8 ,.1 \` `r NOTARY ACKNOWLEDGMENT Au I. Je \ \ prate w l9•B Vw M w�O P ` ° Yw m w LD LEGEND . 4_ 1 � 2R OS / 764 2 Sq. vet / /� m O SET 2" ALUMINUM CAP 6 c0 6 AOT¢5 1. A i¢ $ 0)AT p0� FOUND Ls ALUMINUM CAP s L •f� a J\ // I DLO EE FOUND 3' BRASS CAP c — p [ /\ /' R, a LOT 2C m G " f { �� am'O� 1 TAX CERTIFICATE 0_.V/ Z y / ® IN {tw.w4mfw IDMKVV OEC V14 1111070.0 Y io n ? / A CPO w Ye LW w UM M•,ptl N WY Yw[CF U NOTES: LOT 2B _g n 1. SUBJECT TO ALL CONDITIONS. SERVITUDE'S. Z 8 /'.. ; no x mA YR lr_Deo PO Cr EASEMENTS. COVENANTS. RESERVATION, RESTRICTIONS AND RIGHTS OF wAY OF RECORD. 11 2. SUBJECT TO ALL COPY RIGHT LAWS. c 11 1 ,// TWA WC wmat* CO 3. SITE ZONING = RR1 RURAL RESIDENTIAL W m W o C F" / PLAT APPROVAL N 4. ST. DENNY SURVEYING INC. ASSUMES NO O U e'°- \ I l 0 RESPONSIBILITY OR LIABILITY FOR ANY ERRORS mN&M6Pa IC 41a- OR OMISSIONS OF ANY KIND WHATSOEVER IN in _i„a P • J ®m rwY DWN1u TERMS OF CONTENT SHOWN HEREON AND { I ~ DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS , O • / �Y ,amm EXPRESS OR IMPLIED. TO THE CONTENT INTO Z S 5 1 S'/ y 1A• W' 0 ANY MATTER RELATING TO THE INFDRMATION / SIy MS MJam wDwr arc YAmMwwwmY ew Z SHOWN HEREON. I \\/\) ';2 , CU 5. LOTS 1 & 2 SHALL HAVE ACCESS THROUGH '• '- �u tax ea__co Vo CURRENT GRAVEL DRIVE WITHIN THE EXISTING .� _� K.O..0'Vr h RIGHT-OF-WAY. v 1..\ tl ' 9 -- @•5. THE 40 FOOT ROAD EASETIENT SHALL BE � At 'D° A.,_-y¢P J IMO CPC U RESERVED FOR FUTURE DESIGNATION AS ROW 8 q.' `/ Oa RIOFT-OF-WAY UPON FUTURE EXTENSION OF uv� ���� - ROAD. 1 ,�r!rf __2i SgP. EPSOM=PCP T. LOTS ARE VACANT AND NO uiIUTES WERE F /. REMAINDER LOT 1 0, A FOUND OR LOCATED. ,J m YQ • n MR.s+l a I M• +..a Man _ _ _ U.S. SURVEY 2539 _ NC non/l'n.W°wmW m treOroil PER KaDIAY BOROUGH ZONING CODE 10 DO 'DD . WV inen ly WO P� A SUBDIVISION OF BASIS OF BEARING-NORTH AMERICAN PPM 83. LOT 1 U.S. SURVEY 2599 BASIS OF ROTATION- HOLDING 3' BRASS CAP MONUMENT FOUND CREATING LOTS 1 •2 AT THE SOUTHEAST CORNER OF LOT DC AND ROTATING TO 1.5'ALUMNINUM CA° LR.la KASHEVAROT HEIGHTS SUBD.VSION FOUND AT IRE NORTHEAST COPPER OF LOT W. ESAWI A'REMAINDER LOT 1 U.S.S. 2598 /ALMA REFERENCE-PLATS ` �C¢MW 1_IJ AODIAK RECORDING DISTAICT PUT NUMBER 89-1 RECORDED IN THE KODIM RECORDING DISTRICT .MT NUMBER 69-3 RECORDED IN THE KODAK RECORDING DISTRICT. 57' y 1 flour,AA 19-025 PUT NUMBER 90-50 RECORDED IN THE KODAK RECORDING DISTRICT. µ U.S. SURVEY 2539 RECORDED IN THE ROOM RECORDING DISTRICT. �KODIAK ISLAND DOROIICII 710 MILL BAY RD.. KODIAK. AK 99615 �laL Anna e.xL IX,C P.I.wr w. O s .,..,.Y Kodiak Island Borough E M Journal Edit Listing O DO N Journal Ty Type Reclassification ration C Department Number Type Sub Ledger G/L Dale Description Source Reference Journal Type ro 0) 120-Finance 2013-00002045 JE CO. U4/01/2013 BOROUGH PURCHASE OF N T PIiRMIr$ S ra Gil.Date Gil.Account Number Account Description Duci∎peon Source Debit Amount Credit Amount = N 3 NJ 04/01/2013 210-231 450 240 FihngrRecoti Fees BOROUGH PURCHASE OF PERMITS 75000 0- 0- 04,'01/2013 210 101.100 Cash In Bank-Wells Fargo BOROUGH PURCHASE OF PERMITS 750.00 04/01/2013 100 101.100 Cash In Bank-Wells Fargo BOROUGH PURCHASE OF PERMITS 750.00 04101/2013 100-000 322.170 Zoning Change Fee BORUU(JH PURCHASE OF PERMITS 750.00 LO Number of Entries.4 S1.500 00 S1,500.00 Cro O 01 to a- C O ar0 u Q n Q co NJ O rn ti O Z tD h to User: Marilyn Ordal Pages: 1 of 1 4/1;2013 3:19.08 PM Public Hearing Item 7 C P&Z May 15, 2013 f . Kodiak Island Borough U *r 4:-A(07s. r .,,I y OFFICE of the MANAGER 11 ilNV 710 Mill Bay Road " �r E'. r Kodiak,Alaska 99615 :riol ;1 ''` ','. Phone (907) 486-9304 Fax (907) 486-9374 t • `' 1S E-mail:rscholzenkodiakak.us ,:,- • s To: Planning and Zoning Commission From: Bob Scholze, Resource Management Officer Date: April 30, 2013 Re: Case 513-023 (Lots 1&2, Kashevarof Heights Subdivision) Case 13-028 (Rezone of Lots 1&2, Kashevarof I-leights Subdivision) The area encompassing these proposed lots at the end of Panamaroff Creek Drive in Womens Bay was reviewed for disposal in Case 13-002. By Resolution No. FY 2013-01, the Commission recommended to the Assembly that the property be declared surplus to the public's need and made available at a future land sale, which was subsequently accomplished by Assembly Resolution No. FY 2013-08. Originally three potential lots were identified, but the area suitable for disposal has been scaled back to two lots in the preliminary plat (Case S13-023) for protection of drainage and wetlands. The area comprising proposed Lots 1 and 2 is adequately elevated alleviating those concerns. They slope generally to the northwest, providing for good drainage and affording a view of the bay. A forty (40) foot wide road access easement is designated as an extension of Panamaroff Creek Drive to provide driveway access by flagstems to the two lots. As noted by the Womens Bay Service Area Board this road easement and the properties themselves are outside of the existing service area boundary established by Ordinance 75-26-0, and subsequently expanded by Ordinance No. 93-50. Expansion of the service area, which requires an election according to KIBC 4.05.060, would be appropriate prior to sale of the properties, and it would make sense for that to include other suitable areas under consideration. Case No. 13-028 Application Page 5 of 6 Public Hearing Item 7 C P&Z May 15, 2013 The zoning proposed for these two lots is RRI Rural Residential One (Case 13- 028) , consistent with the surrounding residential zoning and with the 2008 KIB Comprehensive Plan Update. Even excluding the area of the flag stems within the road easement, the lots well exceed the 40,000 sq. ft. minimum required in the RR1 zoning district. A standard condition of approval would require documentation provided by a registered engineer attesting to the adequacy of the property for septic installation satisfying ADEC requirements in support of the proposed density. Each lot must also provide access to an adequate amount of potable water for domestic purposes. Case No. 13-028 Application Page 6 of 6 Public Hearing Item 7 C P&Z May 15, 2013 A Kodiak Isl�%nd !:;®rough it 11.;`, * j,,•,`'- Community Development Department 6 t1' 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 aw Phone(907)486-9363 Fax (907)486-9396 w* ; www.kodiakak.us St April 5,2013 Mr.Bob Scholze,Borough Resource Officer Kodiak Island Borough 710 Mi➢Bay Road Kodiak,AK 99615 Re: Case 13-028. Request a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District,according to KIBC 17.205.020. Dear Mr.Scholze: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 15,2013 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, May 8, 2013 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, cm s. Sheila Smith,Secretary Community Development Department Case No. 13-028 Public Comment Page 1 of 9 Public Hearing Item 7 C P&Z May 15, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak.Alaska 99615 (907)486-9363 April 5,2013 Public Hearing Item 7-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 15, 2013. 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: 13-028 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Borough Resource Officer REQUEST: A rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C -Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020. LOCATION: NI-IN Panamaroff Creek Drive ZONING: 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, April 30,2013 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 ssmitloakodiakak.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, May 8.2013, 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. 13-028 Public Comment Page 2 of 9 7 4 a �� *1111t." �� P200.00' D9'0.01 431.47' W w [ OWNERSHIP AFFIDAVIT e -` R31000' ACC reEjMw _ 4.05'- pea`` A69'Ofi 12 _ 11y }-1:A ACI:AM—A E°YN`'vwH W",°Y� •• N181]'SB:���UI:SgT.Q���® Ai88,54' �m W1W6 CW Lams Mil a Kum Rpa n 'Im ul2 Ian I _ cam FF CREEK 6o f�PE1�L�E�n* ��v����resf9 3C,s"��-4".6EL �' M��� � TVE — wn r /.� � IR VINCINITY MAP c v \fitp\ NOTARY ACKNOWLEDGMENT ly' '1f aa�wvwnW561$_mR m1 fD LEGEND 1•I 6290 SD, Feet i 76422 Sq. eat i/Y� Z 0 SET 2'ALUMINUM CAP N'`A' B Aire �o I • 0 FOUND 1A• ALUMINUM CAP A y S .1...../1.8 m g, ® FOUND 3' BRASS CAP C w w e q , "�� I l ry I NJ LOT 2C Z -�'d .yp 'o I TAX CERTIFICATE N si CO 2 / ceraTm mac co x ass a X a a wpm CNoTes: LOT 28 m v 1a 6•rvi O°`•"15°w=.a.rw N..me N.w ma CT I. SUBJECT TO ALL CONDITIONS. SERNNDE'S, en N ///%%f777�� $ 1 °f'p°a .A4—Ismu as EASEMENTS. SAND RIGHTS OF WAY AO RESTRICTIONS 4+0 RIGHTS OF WAY OF RECORD. N // eAV Op Ot (l 2. SUBJECT TO ALL COPY RIGHT LAWS. o J. SITE ZONING - RR1 RURAL RESIDES NO CO '' / A^ 4. ST. DENNY SURVEYING INC. ASSUMES NO O_ �_ $ N I jk71.1 PLAT APPRROVAL 3 RESPoN51&LILY OR LIABILITY FOR ANY ERRORS _�N�� m� 3 OR OMISSIONS OF ANY KIND WHATSOEVER IN < -22,n % '. TERMS OF CONTENT SHOWN HEREON AND dam DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS . O 9 A/ lA enva r=H EXPRESS OR IMPUE°. TO THE CONTENT INTO z 5 AYy• Plau ANY MATTER RELATING 10 THE INFORMATION P I ee In e v mn w muµe DAY woO Yana m x a em SHOWN HEREON. o a d/ / n�_ P 01 5. LOTS I L 2 SHALL HAVE ACCESS THROUGH mp VI DO CURRENT GRAVEL DRIVE WTTHIN THE EXISTING " / _� ass L.+. (D -OF-WAY. . r re- E 40 FOOT ROAD EASEMENT SHALL BE p9 �TO \ app 6 H:-,RUED FOR FUTURE DESIGNATION AS ROAD v n nu I' �^w TN 1 w� O RIGHT-OF-WAY UPON FUTURE EXTENSION OF �X/ __ ti. ROAD. / /il dp,y.u- ISCOn omfurt LC T, LOTS ARE VACANT AN0 NO UTILITIES WERE ' r-- -G REMAINDER LOT 1 '�} FOUND OR LOCATED 4. :um . _ _ n _ _ _ U.S. SURREY 2539 a �� PER KOOMX BOROUGH ZONING CODE -- uA Fmn weeeu. Q • A SUBDIVISION OF N -Ha ERTE BASIS OF BEARING-NORTH AMERICAN DATUM B3. LOT 1 U.S. SURVEY 2539 K BASIS Of ROTATiN- HOLDING r BRASS CAP MONUMENT FOUND GREAT/TUG LOTS I tr 2 .0/ N Al THE SOUTHEAST CORNER OF LOT SC AND ROTATING 10 1.5'ALUMNINUM CAP ' EASHEVAROF HEIGHTS SUDOIVSION I-� 62 FOUND AT THE NORTHEAST CORNOCR OF LOT ZC, Lp wO^'I COAL d Cr AIND£R LOT I U.S.S'. 2539 j (-+t 'A,G _ RAW LA — PLAT NUMBER yy^^�,,,���4ppp CDR a IODINE RECORDING DISTRICT PLAT NUMBER fig-I RECORDED IN NE KODIAK RECORDING'pRPtG2. !J'JJk e -I- .n N OA PLAT NUMBER 69-1 RECORDED IN THE KODIAK RECORDING DISTRICT. 4 J r•.iN' Al of I F.0 I3-025 0 PLAT NUMBER 90-50 RECORDED IN THE XOOLAK RECORDING DISTRICT. ruew)eeA. I- K U,S, SURVEY 2539 RECORDED IN THE KODAK RECORDING DISTRICT. KODIAK ISLAND BOROUGH UJ N 710 MILL SAY RD., KODIAK, AK 99616 3 nw w,u,494/4.04.1509FYiwAC PRO. 9,40. NJ n Public Hearing Item 7 C P&Z May 15, 2013 Location NHN Panamaroff Creek Dr. Case 13-028 Applicant Notification Area Map Kodiak Island Borough/ Bob Scholze-Agent P� P.) n O 4‘1/ 3 r e 4 illi co e �d J yy bH / = by np 2 ddb 9 2 O�o B93 ti� ,. 8p 'bj If %Mr yyObyy"S Pg b'ieb, t 9)0 is 0. 106 "'° Proposed Lots N(5 ry U to ti to h a., • /\ ° Kodiak Island Borough GIS N r, ear°' ° Legend w '�a.VJ E J N Feet ' 0 235 470 940 II Notification Area s I hs map was papered from the Kodiak Island Borougrs GIS System. It is prowled for the pupose of sho*ng the general location of a property within the Kodiak Island Borough. Ttas map does not represert a survey.Mom information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333 Case No. 13-028 Public Comment Page 4 of 9 Public Hearing Item 7 C P&Z May 15, 2013 first_name last_name Mail_Line_ Mail_City Mail_State Mail_Zip NANCY KRACKE ETAL PO BOX 2013 KODIAK AK 99615 LORNE WHITE PO BOX 476 KODIAK AK 99615 CHARLES PITTS P.O. BOX 9038 KODIAK AK 99615 PAIGE ANDERSON ETAL PO BOX 8892 KODIAK AK 99615 EDWARD GONDEK PO BOX 1412 KODIAK AK 99615 ALAN JUHLIN 1059 PANAMAROFF CREEK DR KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK AK 99615 Case No. 13-028 Public Comment Page 5 of 9 Public Hearing Item 7 C P&Z May 15, 2013 Apr 301303:23p 9074872311 p.1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 April 5,2013 Public Hearing Item 7-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 15, 2013. 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: 13-028 APPLICANT: Kodiak Island Borough AGENT: Bob Schotze,Borough Resource Officer REQUEST: A rezone,per KIBC 17.205.030 A,to rezone a portion of Lot 1 United States Survey 2539 from C-Conservation Zoning District to RR-1 Rural Residential Zoning District,according to KIBC 17.205.020. LOCATION: NHN PanamaroffCreek Drive ZONING: C-Conservation This notice is being sent to you because our records indicate you are a property ownerlinterested 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 Inver to the Community Development Department.Written comments must be received by 5 pm,on Tuesday,April 30,2013 to he considered ht the commission.If you would lice to fax your comments to us.our fax number is: (907)486-9396 or you may email them to ssnlith(n)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,May 8,2013,a work session will be held at 6:30 p.m.in the Kodiak Island Borough Conference Room 0121).to review the packet material for the case. Kodiak Island Borough Cede 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. op � 1�//4�� t Your Vame:�aneycrs,r lS Malting Address: •d •k3M �GI/� 1VsY•.a• i1P 4967F Your property description ....... I", ...'�,u r.-,.. -5 at. l\� (Ink rY Comment,:�le':�:LQ [- R f1 Y l n 9 I/,O 00'I gse, 1 Case No. 13-028 Public Comment Page 6 of 9 Public Hearing Item 7 C P&Z May 15, 2013 Apr301303:24p 9074872311 p.2 Rezone from Conservation to RR1 Please reference your Case Number 13-028 requesting a rezone a portion of Loti United States Survey 2539 from C-Conservation Zoning District to RR-1 Rural Residential Zoning District. I would like to see the rezoning request of a portion of Lot 1 United States Survey 2539 from Conservation to RR-1 Rural Residential Zoning District DENIED for the following reasons: 1. The area has traditionally been used for recreation in the form of walking,biking,running,skiing, horseback riding to name a few, 2. Residents in Bells Flats have minimal park like areas set aside for children and adults. 3. Just this last fall 3 gentlemen from the States(Kentucky&Missouri)visiting our Island were out for a drive to see more of the Island before they left on the late evening plan e. They had driven out the road following a map which showed a park on Panamaroff Creek Drive. They inquired of me(I was cleaning out debris from the creek)as to where the park was. I asked what park and they said"Panamaroff Creek Drive Park". I asked how they knew of the park and they said the map they had showed them one at that location. They said they had planned to go to the park to eat their purchased lunch,relax and enjoy the scenery. I asked if they had seen the basketball hoop&the bench up the street and they said yes they had. So I had to tell them that was the park. They were incredulous and started laughing. One gentleman said"Here you are a very wealthy state and that is all you have for a park?" Told them I was very sorry,but yes,that was it. Needless to say,It was sad to have to admit to some tourists that yes,that was our park.I know there has been over$100,000.00 earmarked for a park in the area for a couple of years. The land the borough wants to rezone for more housing would be a wonderful park area since so many folks already enjoy the no traffic trail to walk,bike,run,ski,horseback ride and take pictures,and harvest berries. 4. The current bench and basketball hoop that serve as our park offers very little to the Bells Flats residents,not to mention it is located in a poor area that allows very little,if any,room for expansion. In the 23 years I have lived in the flats,I have seen a minimum of activity at the park except for 4 wheelers off&on. At one time folks used to make a skating rink out of it in the winter for their children,but that was in the early 90's. 5. Our taxes are higher and yet we have minimal benefits for families and their children. So where are the children supposed to go;why do we not have better facilities for them outdoors in a fun, and healthy environment?Surely some of the taxes the Bells Flats community pays could go for the good of the Bells Flats residents in the form of a nice park to be utilized by many,rather than the coffers of the Borough. A nice park area would certainly be welcomed by the locals and tourists. I can Just imagine what those 3 gentlemen told folks when they returned to their respective states about our joke for a park. 6. Your consideration of denying the rezone and keeping this property as Conservation to be utilized as a park to benefit the community as a whole,would be appreciated. Thank you, 1 r Nancy Kracke Case No. 13-028 Public Comment Page 7 of 9 Public Hearing Item 7 C P&Z May 15, 2013 Tuesday,April 30,2013 Kodiak Island Borough Community Development Department Kodiak Island Borough Planning and Zoning Commission Kodiak Island Borough 710 Mill Bay Road Kodiak,Alaska 99615 RE:Case 13-028,513-023—Panamaroff Creek Drive—Subdivision and Rezone To whom it may concern, This letter has been prepared regarding the above referenced case numbers,both pertaining to the disposition of the proposed Lots 1 and 2,Kashevarof Subdivision.The Womens Bay Service Area Board has no opposition to the establishment of the lots or the potential pending sale of the lots as this case has been presented. However in discussion with staff,specifically the agent, Mr.Scholze,there have been conversations with the board regarding the fact that these lots being created are clearly outside of the boundaries of the service area.We are opposed to this for several reasons. The KIB is proposing to create an easement for access to these lots off of Panamaroff Creek Road on an existing military road bed,from the current boundary of the service area.This would create a condition that would allow the owners of these lots the benefits of the service area without the requirement to pay the associated taxes for that service.The primary access to the lots is over service area roads.This is clearly not fare to the taxpayers in the service area. In 2007,the board formally contacted the KIB Manager regarding extending the boundaries of the service area.As this action requires an election,we requested that staff look at adjacent available KIB land to add to the service area so that a single election could be held to minimize costs to the taxpayers. This effort was never completed to or knowledge although several areas including the fairgrounds were offered by the board for consideration. Over the past several years the•board and staff have discussed potentially adding several parcels that are adjacent to the existing boundaries.We believe this effort should be formally initiated and all potential additions be considered in a single effort that will streamline the process. The board understands that this may slow the sale of these parcels however this is not the first time the expansion of the boundaries has been considered with no definitive action or direction from the KIB staff or managers. The board will be available for any request for information or meetings to discuss boundary expansion associated with this action or any other potential additions to the service area and requests consideration regarding the timeframes for information being presented for review. Case No. 13-028 Public Comment Page 8 of 9 Public Hearing Item 7 C P&Z May 15, 2013 We request this letter be placed in the record as our initial comments regarding these two cases.Our board has reviewed the content of the letter and there is a consensus agreement to its content.The board was not provided the information so that it could be discussed at a scheduled meeting.The Public Hearing Notices were received on April 25,2013 for comment by April 30,2013 when requested from the KIB staff. It is our hope that in the future information that may require comment from the board be provided in a timely manner to allow for proper review of information,discussion and development of the board response. Thank you for your time and consideration of these comments, Sincerely, ) 1 David G.Conrad,Board Member for the Womens Bay Service Area Board. Case No. 13-028 Public Comment Page 9 of 9 Public Hearing Item 7 C P&Z May 15, 2013 MEMORANDUM DATE: May 3, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 15, 2013 Regular Meeting CASE: 13-028 APPLICANT: Kodiak Island Borough Agent: Bob Scholze REQUEST: A rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C- Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020. LOCATION: NHN Panamaroff Creek Drive ZONING: PL-Public Use Zoning District Nine (9) public hearing notices related to this request were mailed on January 7, 2013. Date of site visit: None Made 1. Zoning History: Ordinance 1977-15-0- zoned this parcel C-Conservation Zoning District (along with all other previously unclassified lands within the corporate boundaries of the Borough). 2. Lot Size: Lot 58 2.33 acres, Lot 5C 2.23 acres 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Unsubdivided portion Lot 1 United States Survey 2539 Use: Vacant Zoning: C-Conservation Zoning District South: Unsubdivided portion Lot 1 United States Survey 2539 Use: Vacant Zoning: C-Conservation Zoning District East: Unsubdivided portion Lot 1 United States Survey 2539 Use: Vacant Zoning: C- Conservation Zoning District West: Russian Creek Alaska Subdivision Lot 26C Use: Vacant Zoning: RR-1 Rural Residential Zoning District 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan depicts the proposed rezone area as Open Space/ Park. Case No. 13-028 Staff Rpt Page 1 of 5 Public Hearing Item 7 C P&Z May 15, 2013 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. Chapter 17.70 RR1— RURAL RESIDENTIAL ONE DISTRICT 17.70.010 Description and intent. The RR1 rural residential one zoning district is established as a land use district for large lot, low-density, residential, and general agricultural purposes. For the rural residential one district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use of land for low-density residential and general agricultural purposes; B. To prohibit commercial and industrial land uses; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; and D. To discourage land uses which, because of their character or size, would create unusual requirements and costs for public services. 17.70.020 Permitted uses. The following land uses are permitted in the rural residential one district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner-occupied dwelling is present on the premises; E. Greenhouses; F. Horticultural buildings and activities; G. Single-family dwellings; H. Home occupations; I. Vacation homes; J. Bed and breakfasts; K. Recreational cabins; and L. Hoop houses. 17.70.030 Conditional uses. The following land use may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Fireworks stands. 17.70.040 Area requirements. A. Lot Area. The minimum lot area required is 40,000 square feet, unless water service and sanitary sewer service are available on request from a certified public utility or municipal system. In this case, the minimum lot area is 20,000 square feet. Case No. 13-028 Staff Rpt Page 2 of 5 Public Hearing Item 7 C P&Z May 15, 2013 B. Lot Width. The minimum lot width required is 120 feet, unless water service and sanitary sewer service are available on request from a certified public utility or municipal system. In this case, the minimum lot width is 80 feet. 17.70.050 Yards. A. Front Yard. 1.The minimum front yard shall be 25 feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half the remaining distance to the required 25-foot setback. 3. If neither of the abutting side lot or tracts are occupied by a structure,the setback shall be 25 feet. B. Side Yard. The minimum yard required on each side of a principal building is 15 feet.The minimum side yard required on the street side of a corner lot is 15 feet. In the case of lots served by water and sanitary sewer service from a certified public utility or municipal system, the minimum side yard required is 10 feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yard. The minimum rear yard required is 20 feet. 17.70.060 Building height limit. The maximum height of residential buildings shall not exceed 35 feet. COMMENTS Land in this area was previously identified as surplus to borough needs. This request seeks to rezone both proposed lots, readying them for disposal. An effective clause is recommended that the zoning will not go into effect until the plat (companion case 513-023) is recorded. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The applicable comprehensive plan provides under Goals and Implementation Actions, Housing; "Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents'". The applicable comprehensive plan also provides2 "Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses". "For example, in assessing the need and most appropriate locations for new ....(sic].... 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. Recent development trends in the area: 12008 Comprehensive Plan Update, page 480 of 516. 22008 Comprehensive Plan Update, page 473 of 516. Case No. 13-028 Staff Rpt Page 3 of 5 Public Hearing Item 7 C P&Z May 15, 2013 Proximity to adequate public facilities, including roads, water, and air transport facilities, as well as water and wastewater treatment facilities. Land suitability: Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. Land suitability, although not optimal, is certainly conducive to single family residential development. Hillside development defines this micro neighborhood. Conflicts with adjacent land uses will be non-existent. Traffic impacts: Parcel size, topography and other site characteristics as they relate to the requirements of residential use(s [sic]. Size, topography, and other characteristics are suitable for residential purposes. The request is consistent with the recently adopted Kodiak Island Borough 2008 Comprehensive Plan. The plan identifies this general area, and this specific location, for low- density residential use(s). Rezoning the subject parcels to the Rural Residential One Zoning District will work to implement the Comprehensive Plan. 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, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020, subject to one (1) Condition of Approval, and to adopt those findings in the staff report dated May 3, 2013, as Findings of Fact for Case No. 13-028. CONDITION OF APPROVAL [1] The rezone of the subject parcels shall become effective upon the final recordation of the applicable plat. Case No. 13-028 Staff Rpt Page 4 of 5 Public Hearing Item 7 C P&Z May 15, 2013 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. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 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(s) 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. This recommendation supports the change to an existing land use district boundary only. Case No. 13-028 Staff Rpt Page 5 of 5 Public Hearing Item 7 C P&Z May 15, 2013 Figure 4.10 $ ggQ a vt (L'a� ,'cam f ,,Q� it t • ES.491-fr , .,, 14-1,7-c- -‘, . tik,o/i9 , 3, ... _ I ! .,.:� p \ I f e `a 1/4c---i-Th,,,, - gt ii 11 t.1 ‘I 1 tic\el <-\.!‘"N'- \--. licli NI a Ay trap"0 it b ce t Alf /it r, ❑ �ff1J//�/�l /0004.; ,,�, yfr ll/ //41A ❑ - ll' n, r/f/�Ty/l� }��K*',*t1i`, )Py;, '/ l/� / l � � w V/•'(: l f��/,lll/ ;��/il�/f l,1, ��l`,�t�i1r'f�,/��� ��rfl%llJ' #1/ p. r f, flll���lif%�r%!/l;�li%'1%%!//%094 1 i�il fi f,, r ,l//, l !ll ill Flefervii4,11 l'l V!,11 1111 4 1 ❑ ❑ --i L:S.?;�ty,.c' .- .4 1 011 Ili l�.//If�/e/l / l�11 // m g ?? 1. // il i 1/ /.r.ca ..„0/2„,,kr,:. .,,e,r f�i� �/' ,l ll�� l l r;,/s// _Thti,:s_____E:-"Ifir.if.._, qvisibildoo b A, roc-r— . %Ijf "�r � � 1. _-�a 4, te, &I rrr,� 1111 Hof X01 r Page 22 3 January.200E3 B O R Kodiaklsland UGH Chapter Four I, Land Use&Ownership comprehensive Plan Update c Case No. 13-028 Appendix Page 1 of 1 si !Cod!" k 1st. nd eivorough ** * * /� - Community Development Department * A v ,��ot, m 710 Mill Bay Road 6� 7' �, ;� ! y „ 1. Kodiak, Alaska 99615 Y . Phone (907)486-9363 Fax (907) 486-9396 o - '' ' www.kodiakak.us June 21, 2013 Mr. Bob Scholze, Borough Resource Management Officer Kodiak Island Borough 710 Mill Bay Rd. . Kodiak, AK. 99615 Re: Case 13-028: Request a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020. Dear Mr. Scholze, The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 19, 2013 moved to forward the request cited above, recommending approval,to the Borough Assembly. 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 assembly 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 that the commission's action be taken up by the borough assembly. The commission attached one condition of approval to their recommendation to the assembly CONDITION OF APPROVAL [1] The rezone of the subject parcels shall become effective upon the final recordation of the applicable plat. The commission adopted the following findings of fact in support of their recommendation to the assembly. 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. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 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(s) 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. This recommendation supports the change to an existing land use district boundary only. 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, "...ix/A a.- 0.. ?per Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning &Zoning Commission ¢ . KODIAK ISLAND BOROUGH tr° AGENDA STATEMENT 0 REGULAR MEETING OF: JULY 18, 2013 ITEM NO.: 13.C.3 TITLE: Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB- Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or® No Funds Available ❑ Yes N No Account Number: Amount Budgeted: ATTACHMENTS: Assembly Ordinance, P&Z Decision Letter, and P&Z Case Packet APPROVAL FOR AGENDA: � SUMMARY STATEMENT: The applicant requested a rezone of this parcel in order to allow a more intensive use of the property than allowed under the current RB-Retail Business zoning designation. The applicant's projected client base is composed of local and itinerant fishing vessels and crews. The proximity to the harbor and ease of access to the parcel were judged to be major determinants in the likelihood of the business venture's success. This business investment would represent the first significant private capital commitment in any otherwise underutilized tract already benefitting from major municipal investments in the form of street and utility improvements. The Commission held a public hearing on June 19, 2013 on this request and found the request is consistent with the goals and objectives of the 1987 Near Island Comprehensive Development Plan and the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly approve this rezone request. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-06 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 1 Requested by: P&Z Commission 2 Drafted by: CDD Introduced: 07/18/2013 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-06 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING TRACT A MARINE CENTER SUBDIVISION, 11 FROM RB — RETAIL BUSINESS ZONING DISTRICT TO B — BUSINESS 12 ZONING DISTRICT (P82 CASE NO. 13-029, MARINE CENTER) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone Tract A 15 Marine Center Subdivision, which is 2.5 acres in area; and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 21 tract be rezoned finding that the public necessity, convenience, and general welfare and 22 good zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: Tract A Marine Center Subdivision is hereby rezoned from RB—Retail 34 Business to B-Business. 35 36 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 37 Commission are hereby confirmed as follows: 38 39 17.205.020 A. Findings as the Need and Justification for a Change or 40 Amendment. 41 The applicant in this case has identified an underserved constituency with 42 demands for goods and services not explicitly permitted in the RB-Retail Business 43 Zoning District. The efficient delivery of such goods and services is best enhanced Kodiak Island Borough, Alaska Ordinance No. FY2014-06 Page 1 of 2 44 by a location in the closest proximity available to the point of consumption, which is 45 the harbor. 46 47 17.72.020 B. Findings as to the Effect a Change or Amendment 48 would have on the Objectives of the Comprehensive Plan. 49 This request for rezone is consistent with the 1987 Near Island Comprehensive 50 Development Plan. This request for rezone is consistent with the 2008 Kodiak 51 Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B 52 - Business Zoning District will work towards achieving goals and objectives 53 identified in the 2008 Plan. Rezoning the subject parcel to the B — Business Zoning 54 District would represent the adjustment of an existing district's boundary only, not 55 the introduction of a new zoning district. 56 57 17.205.020 C. Recommendations as to the approval or disapproval of 58 the change or amendment. 59 This recommendation supports the change to an existing land use district 60 boundary only. The Kodiak Island Borough Planning & Zoning Commission 61 recommends that the Kodiak Island Borough Assembly approve this rezone 62 request. 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS DAY OF 2013 66 67 68 KODIAK ISLAND BOROUGH 69 70 71 72 Jerome M. Selby, Borough Mayor 73 74 ATTEST: 75 76 77 78 Nova M. Javier, MMC, Borough Clerk 79 80 Kodiak Island Borough, Alaska Ordinance No. FY2014-06 Page 2 of 2 A A Kodiak 9s/L';nd B . rough ** ; * * /j;, .1„ Community Development Deportment * A '%j:I' ` 710 Mill Bay Road ),1 ;y, i Kodiak, Alaska 99615 = Phone (907) 486-9363 Fax (907) 486-9396 r' -+ - . - www.kodiakak.us June 20, 2013 Dennis &Theresa Butts 11068 Lake Orbin Drive Kodiak, AK. 99615 Re: Case 13-029: Request a rezone, according to KIBC 17.205.030.0 (Amendments and Changes), to investigate the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business. Dear Mr. & Ms. Butts: The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 19, 2013 moved to forward the request cited above, recommending approval,to the Borough Assembly. 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 assembly 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 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 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. The applicant in this case has identified an underserved constituency with demands for goods and services not explicitly permitted in the RB-Retail Business Zoning District. The efficient delivery of such goods and services is best enhanced by a location in the closest proximity available to the point of consumption, which is the harbor. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. This request for rezone is consistent with the 1987 Near Island Comprehensive Development Plan This request for rezone is consistent with the 2008 Kodiak Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B—Business Zoning District will work towards achieving goals and objectives identified in the 2008 Plan. — Rezoning the subject parcel to the 8—Business Zoning District would represent the adjustment of an existing district's boundary only, not the introduction of a new zoning district. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. This recommendation supports the change to an existing land use district boundary only. The Kodiak Island Borough Planning & Zoning Commission recommends that the Kodiak Island Borough Assembly approve 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, , � /�,UlC�. ' ro'w Sheila Smith • Secretary CC: Nova Javier, Borough Clerk Planning& Zoning Commission • Public Hearing Item / B P&Z June 19, 2013 Current Location ,Request: A rezone, according to KIBC 17.205.030.C, I. Case No.13-029 to investigate the rezone of Tract A, Marine Center li Marine Center LLC Subdivision fromm RB-Retail Business to B-Business Agent: D & T Butts - M•31117:00., ►F 6AR2 ,44 ,4 4 fr+� �A 0 �4 4 !kilt AP,-..(kit , -.4ralp \ .4'40%07 N4 ' '4.1, °EL 0 A i re:S/4M Pr 4'L itiAK:0 tOP'..; 1 ....%4k/4•/•=145 • /*V 4. „v50" r,�`e ♦km, x`0".4%, �►� Ab Ill. r,� a•-yo.%4Abss*,# &. .. III+ .l 1,�®_j�. NW. <9, . 1111‘IV-4 V)-7101.11‘111. ..„>1 :ialk*S4. V*4& <1„...„04, 7 ‘ 141100P-- '. • v 4 IF-,70 4 0 l ■ v Ars" 400 SO .( . ST P j„ y 111 ' ille-4111°114 :1141 1 lei , Subject Parcel i Tract A Marine Center Subd Kodiak Island Borough GIS System ittl . 0 480 960 1,920 2,880 3,8a3 �t l 1 This map was prepared torn 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. 13-029 Introduction Page 1 of 3 Public Hearing Item / B P&Z June 19, 2013 (in LOCation Request:A rezone, accordingTAMa7ZG �-rore, N0.13-029 eiD investigate rezone CQTract4Marine ei2ow I l Subdivision fromm RB-Retail Businessto8-Business Agent: DE T Butts i is ritt.WAMi+ 4 to m .off+ , 4+ dr a+®��� /.2, 1,44fire f;S:o. at, 44'ASPI Antr- c----7 CJ!! AM,� .®® �� ©moo �„� �.�� �is ,,0 O°e sib ® r) / ___, ,, ,(4.52 / gyp,, / S ® / / 7/. / WI I 41-*:se / _____ ,..Thij ry,-- , i . ' Subject Parcel .7/ O Tract A Marine Center Subd I / :aye¢°j` Kodiak Island Borough GIS System eN • �. 0 480 960 1,920 2,880 3,840 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)4865333. Case No. 13-029 Introduction Page 1 of 3 Public Hearing Item / b P&Z June 19, 2013 a ' Kodiak Island Borough Zoning Map I Mi Ighogin Zoning Request: Q rezone, according in I4IBC 0.205.030.C, via 13-029 4p investigate 03 1)12 rezone COTract ao Marine ©? i Subdivision from RB-Retail Business OD Business Agent: ED a4 Butts el"; ' r it,- � o . � \ � � 0i p ' A� I ObOr 1111 10,:- . II* air") Ley 1101 oCes 9,' MA 0- / Subject Parcel r , / ; _ I Retail Business Zoning Or _ o 0 0 „7 ---'v > 7,,,,, y*�t � o ��� y cp 4 Q B 0 Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential ® Light Industrial ®Watershed M Rural Residential 2 Business Rural Neighborhood Commercial Conservation ( Single Family Residential Ii Retail Business ® Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial Natural Use I 1 Kodiak Island Borough GIS Community Development Department This map is provided far informational purposes http://www.kodiakak.us/gis (907)486-9337 only and is not intended for any legal representations. 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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(90]J 085-9333. Case No. 13-029 Introduction Page 3 of 3 Public Hearing Item / 13 P&Z June 19, 2013 Kodiak Island Borough Print Form. • I Submit by Email %/A Community Development Department \ 710 Mill Bay Rd.Rm 205 saL Kodiak AK 99615 Ph.(907)486-9362 Fax(907)486-9396 3-02-g http://www.kodiakakos PROP_ID Application for Rezone KIBC 17.205 The following information is to be supplied by the Applicant: Property Owner/Applicant: Marine Center LLC/Theresa Butts(see attached letter of authorization) Mailing Address: 9757 Greenwood Ave N Seattle,WA 98103/11068 Lake Orbin Dr.Kodiak 99615 Phone Number: Elias Olafsson 206-789-5576/907-539-1728 Other Contact email,etc.: eilas @dantrawl.com/ttyger @alaska.com Legal Description: Subdv: Marine Center Block: TR A Lot Street Address: 197 Trident Way Current Zoning: Retail Bus KIBC 17.110 Proposed Zoning: Business KIBC 17.90 Applicable Comprehensive Plan: C.Near Island Comprehensive Plan 1987 Explanation of the need&justification for a change or amendment of zoning: We intend to lease what is primarily shop space for marine-related vendors in support of the commercial fishing fleet and the Kodiak Ship Yard.Current Retail Business zoning of this parcel is complementary,and appropriate for neigboring lots,but is too restrictive in terms of permitted activities,specifically fabrication of fishing gear,machining parts,repairing boat-related equipment We believe that it is essential to the growth of the Ship Yard that these types of commercial activities be located in near proximity.KIBC 17.90 permits our intended use of this property.Adjacent land which is already zoned Business under KIBC 17.90 is actually easier to access from the road to this Tract and so makes this property at the northern end of the Business zoning the most proximal available to the Kodiak Ship Yard.At the southern end of the Business zoning,the land is elevated well above the road and is inappropriate to access by commercial vehicle.This request is,essentially,for a boundary change. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: This change will support the goal described on p.21 under"Marine Support Area"by stretching the area so designated to include a parcel(ours)that is at(or nearly at)elevation with Alimaq Dr.The land currently designated for this use presents the obstacle of steep access that Is Inappropriate for moving commercial trucks and equipment to and from the harbors and shipyard. Use of this area under KIBBC 17.90 affects positively these comprehensive plan's stated goals:Economic return to the City of Kodiak by enabling timely development of shipyard support in the most appropriate location available;Physical constraints and environ- mental limitations by expanding the Business zone to Include a parcel with reasonable elevation access from Alimaq Dr.Use as 17.90 does not adversely affect Aesthetic concerns,in fact offers reasonable screening from town;nor does it adversely affect the North End Park,the FITC or other related facilities,or the boat harbors. ,— f.177 Date: 4/10/2013 Si riot Case No. 13-029 Application Page 1 of 3 Public Hearing Item / B P&Z June 19, 2013 MI°fl i °lINE CENTE . LLC February 26, 2013 Quality Marine of Alaska, Inc. Attn: Dennis and Theresa Butts PO Box 2396 Kodiak, AK 99615 RE: Authorized Agent for the limited purposes of IQB rezone application Dear Dennis and Theresa, This letter allows you the limited authorization to act as the agent of Marine Center LLC for the purposes of the application to the Kodiak Island Borough to rezone Tract A of the Marine Center Subdivision on Near Island, physical address: 197 Trident Way, Kodiak, AK. Sincerely,l Jay,E Ati son President, Marine Center LLC PO BOX 1256 PHONE 907.486.6933 KODIAK, AK FAX 907.486.6943 99615 ,E-MAIL-pelagic @ptialaska.net Case No. 13-029 Application Page 3 of 3 Public Hearing item / B P&Z June 19, 2013 CDD Staff Certification Date: !:0 62/1 43 COD Staff: G Payment Verification Fee Payable in Cashier's Office Room#104-lain floor of Borough Building Not Applicable r $0.00 %rr',�t I® Less than 1.75 acres: r /$350.00 PAID 1.76 to 5.00 acres: �,/ 5750.00 APR 11 9019 5.01 to 40.00 acres: r $1,000.00 KODIAK ISLAND BOROUGH 40.01 acres or more: r $1,500.00 FINANCE DEPARTMENT Case No. 13-029 Application Page 2 of 3 Public Hearing Item / Ii P&Z June 19, 2013 Kodiak Island //rough CommuniryDevelopment Department 710 Mill Bay Road Room 205 +s ", �(IC I Kodiak, Alaska 99615 ' 1, n Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us May 14, 2013 Dennis&Theresa Butts 11068 Lake Orbin Drive Kodiak, AK 99615 Re: Case 13-029. Request a rezone, according to KIBC 17.205.030.C, to investigate the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business. Dear Mr. &Mrs. Butts: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their June 19, 2013 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, June 12, 2013 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, acP)c Sheila Smith, Secretary Community Development Department Case No. 13-029 Public Comment Page 1 of 4 Public Hearing Item / B P&Z June 19, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak,Alaska 99615 May 14,2013 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 19, 2013. 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: 13-029 APPLICANT: Marine Center LLC AGENT: Dennis and Theresa Butts REQUEST: A rezone, according to KIBC 17.205.030.C, to investigate the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business. LOCATION: 197 Trident Way; Near Island ZONING: RB-Retail Business 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, June 4, 2013 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 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 4S6-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting,on Wednesday,June 12,2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room(#12I), 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. 13-029 Public Comment Page 2 of 4 Public Hearing Item / B P&Z June 19, 2013 a Location 197 Trident Way Request a rezone, according to KIBC 17.205.030.C, Case 13-029 to investigate the rezone of Tract A, Marine Center Applicant Subdivision from RB-Retail Business to B-Business. Marine Center LLC r®y e / v 16 w � fr D c , W Wlk, ` F �� �M, ,t,,, 4,,, ---\\ e� # \, ,.ei .l ., . ,,,y ,,, •, 41 Sip, o > K 2 1 c .t 7i o N ,‘ Kodiak Island Borough GIS Legend �,� O Subject Parcel �y ... g 0 410 Feet 820 1.640 Q Notification Area �1� I I I I I I I I I S 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. 13-029 Public Comment Page 3 of 4 Public Hearing Item / B P&Z June 19, 2013 CITY OF KODIAK CROWN POINT,LLC KODIAK ISL HSG AUTH P.O.BOX 1397 2018 MILL BAY RD 3137 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK ISLAND BOROUGH KONIAG INC MARINE CENTER LLC 710 MILL BAY RD 4300 B STREET SUITE 444 C/O FINNEY,NEILL&CO., P.S. KODIAK,AK 99615 ANCHORAGE,AK 99503 9757 GREENWOOD AVE.N. SEATTLE,WA 98103 NEAR ISLAND BUILDING LLC DBA KONIAG INC 4300 B ST,STE 444 ANCHORAGE,AK 99503 Case No. 13-029 Public Comment Page 4 of 4 Public Hearing Item 7 B P&Z June 19, 2013 MEMORANDUM DATE: June 7, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 19, 2013 Regular Meeting CASE: 13-029 APPLICANT: Dennis &Theresa Butts REQUEST: A rezone, according to KIBC 17.205.030.C, to investigate the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business. LOCATION: 197 Trident Way, Near Island ZONING: RB-Retail Business Seven (7) public hearing notices related to this request were mailed on May 14, 2013. Date of site visit: Various 1. Zoning History: Ordinance 1977-15-0- zoned this parcel C - Conservation Zoning District (along with all other previously unclassified lands within the corporate boundaries of the Borough). The subject parcel was rezoned to PL-Public Use Zoning District via Ordinance 88-01-0. The subject parcel was rezoned to RB- Retail Business via Ordinance 2001-19. 2. Lot Size: 2.5 acres 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Marine Center Subdivision Tract B Use: Vacant Zoning: RB-Retail Business South: Remainder portion United States Survey 4947 Near Island Use: Vacant Zoning: Split Lot Zoning East: Near Island Research Park Lot 1A Use: Vacant Zoning: RB-Retail Business West: Remainder portion United States Survey 4947 Near Island Use: Vacant Zoning: Split Lot Zoning Case No. 13-029 Staff Rpt Page 1 of 9 Public Hearing Item 7 B P&Z June 19, 2013 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan depicts the proposed rezone area as Commercial / Business'. The 1987 Near Island Comprehensive Development Plan depicts the proposed rezone area as Institutional Support2. 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. Chapter 17.90 B— BUSINESS DISTRICTS 17.90.010 Description and intent. The B business zoning district is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities. For the business zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use and development of land for retail purposes; B. To discourage the use of business district lands for other than retail purposes; C. To prohibit the use of business district lands for manufacturing and industrial purposes; and D. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. 17.90.020 Permitted uses. The following land uses and activities are permitted in the business district: A. Accessory buildings; B. Assembly halls; C. Art galleries; D. Automobile repair garages and dealerships; E. Banks; F. Building material suppliers; G. Dry-cleaning establishments; H. Eating and drinking establishments; I. Fraternal organizations and private clubs; J. Funeral parlors; K. Gasoline service stations; L. Government offices; M. Hotels; N. Laundry establishments; 1 Appendix, page 1 of 6 2 Appendix, page 2 of 6 3 A side-by-side comparison of the two zoning districts is provided in the Appendix at page 3 of 6 Case No. 13-029 Staff Rpt Page 2 of 9 Public Hearing Item 7 B P&Z June 19, 2013 O. Libraries; P. Machine shops; Q. Marinas and boat moorage; R. Mini-warehouses; S. Motels; T. Multiple-family dwellings; U. Museums; V. Offices; W. Outdoor storage; X. Printing shops; Y. Professional offices and clinics; Z. Public parks and open spaces; AA. Recreational related uses; BB. Retail stores and services; CC. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner-occupied single-family dwelling may be allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi-frontage lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no indication, other than a separate entrance on the street level building facade, that a residential use is located within the structure; DD. Theaters; and EE. Radio stations. 17.90.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Churches; B. Hospitals; C. Recreational vehicle parks; and D. Warehouses. 17.90.040 Building height. The maximum building height allowed is 50 feet. 17.90.050 Performance standards. All permitted and conditional uses shall comply with the performance standards listed in this section. A. Groundcover. All areas not devoted to buildings, structures, surfaced drives, walks, or parking areas shall be covered and maintained with grass, shrubbery, trees, rocks or gravel, or other suitable groundcover materials to minimize dust, erosion, and sedimentation. B. Lighting. Any lighting used for advertising, display, or security purposes shall not produce glare on a public highway or neighboring residential property. Case No. 13-029 Staff Rpt Page 3 of 9 Public Hearing Item 7 B P&Z June 19, 2013 C. Screening. Where a business use is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the commission. 17.205.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. COMMENTS This request seeks to rezone a parcel of vacant land on Near Island currently zoned RB-Retail Business. The description and intent section of the RB-Retail Business zoning district (KIBC 17.110) states "The RB retail business zoning district is established for the purpose of providing for a wide range of retail and service businesses for the consumer population of large segments of the community. Because of the potential for heavy traffic and the appearance and performance of these uses, this district is located on the periphery of residential areas and at the intersections of arterial and major collector streets and roads." The parcel subject to this rezone request is not located on the periphery of a residential area, and is not located at an intersection of an arterial or major collector street. The parcel is in a relatively isolated location and is topographically constrained. Twelve years after the RB-Retail Business zoning designation was applied to this parcel, it remains vacant, indicating an inability to identify and serve a viable retail consumer (in the normally understood context) constituency. The applicant in this case has identified a retail constituency, but that prospective consumer occupies a niche with a particular need, that is, one whose primary interest is marine/fisheries related. The concept, as understood by staff, is to establish a facility whose primary purpose is to cater to the vessels / crews of the local and itinerant fishing industry; a modern-day ships' chandlery, so to speak. The following description of the business is courtesy of Wikipedia: A ship chandler is a retail dealer who specialises in supplies or equipment for ships, known as ship's stores. The ship chandlery business was central to the existence and the social and political dynamics of ports and their waterfront areas.W Today's chandlers deal more in goods typical for fuel-powered commercial ships, such as oil tankers, container ships, bulk carriers. They supply the crew's food, ship's maintenance supplies, cleaning compounds, rope, et cetera. The advantage of a ship's crew using a chandler is that they do not have to find stores in the town they have landed in, nor hold that local currency - assuming they are let out of the dock compound by the immigration authorities. Typically, the Case No. 13-029 Staff Rpt Page 4 of 9 Public Hearing Item 7 B P&Z June 19, 2013 ship owner has a line of credit with the chandler and is billed for anything delivered to the crew of his ship. The chandler is supplied by merchants local to his location. Their distinguishing feature is the high level of service demanded and the short time required to fill and deliver their special orders. Because commercial ships discharge and turn around quickly, delay is expensive and the services of a dependable ship chandler are urgent. The applicant in this case proposes to expand this concept by offering services related to fishing gear fabrication, parts machining (manufacture/fabrication), and vessel equipment repairs. These identified services imply a heavier, industrial type of activity / use of the property. The application for this rezone request does not disclose whether or not these activities will occur totally within the enclosed confines of a "retail" building. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Two plans are applicable to this request. The 1987 Near Island Comprehensive Development Plan (NICDP) designates the area of this request as "Institutional Support". As described in that plan; Institutional Support. The main emphasis in planning the Institutional Support Area is to insure that the FITC be supported by related development. This may include, but is not limited to, a museum, a convention center, multi-family residential, student-related activity buildings, and a possible area for commercial development. The anticipated development instead occurred to the south of the subject parcel, across Trident Way. The Kodiak Fisheries Research Facility, adjunct, visiting academic housing, and State of Alaska Fish and Game Administrative Facility have all taken advantage of ocean proximity and views in that location. The 1987 Near Island Comprehensive Development Plan also designates an area as "Marine Support Area". As described in that plan; It is suggested that a Marine Support Area should be established adjacent to the present parking area at the north end of St. Herman Harbor. The intent of this designation would be for the development of marine-related and/or waterfront dependent land use. Development in this area should give priority to those types of businesses and services that are most affected by or dependent on their proximity to the water and harbor. This area could accommodate a variety of commercial marine related uses, such as hardware and tackle, electronic shops, fishing gear supply outlets (both commercial and sport), net hanging and repair facilities, etc. Businesses such as welding and engine repair and sales should be considered. Restaurants, grocery and supply stores, and other public sale and services could help to maximize visitor attraction to the waterfront, while providing a convenience area for the users of the harbor. Plans however, are not set in stone. The 1987 NICDP specifically recognizes the inevitability of changes to development patterns with the wording "The Report proposes a variety of land uses with the intent to allow for flexibility 'emphasis added) as more specific development proposals arise." Case No. 13-029 Staff Rpt Page 5 of 9 Public Hearing Item 7 B P&Z June 19, 2013 The 2008 Kodiak Island Borough Comprehensive Plan Update (2008 Plan) designates the area of this request as "Commercial / Business". As described in that plan; 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. The 2008 Plan provides a short, bulleted list of Implementation Prioritiess. Among the listed priorities is; Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. For example, in assessing the need and most appropriate locations for new ....[sic].... 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. Continuing in this vein, the 2008 Plan lists goals and implementation actions for specific sectors (Economy)6 for the Kodiak urban area. Included in this listing is; Goal: Support commercial businesses and areas within the Borough, including in downtown Kodiak. Implementation Action: Assess the need for and supply of commercial land within the Kodiak urban area to meet a full range of commercial and other business needs; use the results to zone land and regulate uses appropriately to meet those needs. RECENT DEVELOPMENT TRENDS IN THE AREA: The academic campus development concept was first to respond to the availability of land and municipal utility systems on Near Island. The University of Alaska's Fisheries Industrial Technology Center led the way. Adjunct / visiting academic housing, the Kodiak Fisheries Research Facility, and the newest addition, the State of Alaska Fish and Game Administrative Facility round out this type of development. As mentioned earlier, this node of development has taken place to the south of the subject parcel in order to take advantage of ocean proximity and views. To the north of the subject parcel, private business investments and incubation are taking place. Significant investments in corporate headquarters buildings have been made — with the new Koniag, Inc., facility setting the standard. Currently under construction, the new Afognak Native Headquarters facility is expected to be completed late this year. In addition, the Kodiak Island Housing Authority has recently broken ground on the development of a 32 unit senior housing complex to be constructed almost immediately north of the subject location. Other property owners are testing the water in this area, but commitments of significant financial resources have yet to be made. 4 2008 Plan, page 51 of 516 5 2008 Plan, page 473 of 516 6 2008 Plan, page 477 of 516 Case No. 13-029 Staff Rpt Page 6 of 9 Public Hearing Item 7 B P&Z June 19, 2013 Situated between these two nodes of development, and with appropriate site development, the proposed development on the subject parcel should be able to serve the targeted constituency, as well as clients and visitors frequenting the academic and civic nodes of development to the north and south. LAND SUITABILITY: Parcel size, topography and other site characteristics as they relate to the requirements of business use. The subject parcel is 2.5 acres in size. Topographical information' indicates a slight downgrade from the Trident Way frontage towards the northwest corner. Elevation change is estimated to be 25 feet. The parcel is in a semi-rough state, and an unknown amount of earth leveling will be required in order to fully utilize the site. (Pages 6 & 8 of the Appendix document that a considerable amount of land clearing and leveling have already occurred on the parcel without benefit of the required review and permitting. As a consequence, any zoning compliance permits issued for development on this parcel will be subject to the required penalty of 2X the published amounts.) Proximity to adequate public facilities, including roads, water, and air transport facilities, as well as water and wastewater treatment facilities. The subject parcel has access to municipal water and sewer utilities, as well as KEA electrical service. It is not known if stub-outs exist at this time. The parcel has approximately 360 lineal feet of frontage along the existing Trident Way, and is bounded along the western side by a 30 foot-wide platted utility easement. The application indicates a possible point of confusion on the applicant's part. Reference is made to the ease of access to the parcel via Alimaq Drive— however, this access is clearly marked as "NEw 30' UTILITY EASEMENT"9 on the applicable plat (2009-1). Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. Conflicts with adjacent land uses will be non-existent. TRAFFIC IMPACTS: Traffic impacts (negative) are expected to be negligible from the proposed development. Existing rights of way and road bed widths are deemed capable of sustaining increased traffic counts. This request for rezone is consistent with the 1987 Near Island Comprehensive Development Plan 'Appendix, page 5 of 6 8 Resolution FY2013-02 9 Appendix, page 6 of 6 Case No. 13-029 Staff Rpt Page 7 of 9 Public Hearing Item 7 B P&Z June 19, 2013 This request for rezone is consistent with the 2008 Kodiak Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B—Business Zoning District will work towards achieving goals and objectives identified in the 2008 Plan, and would represent the adjustment of an existing district's boundary only, not the introduction of a new zoning district. 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 the rezone of Tract A, Marine Center Subdivision from RB- Retail Business to B-Business, and forward this case to the Kodiak Island Borough Assembly with a recommendation for approval, and to adopt those findings in the staff report dated June 7, 2013, as Findings of Fact for Case No. 13-029. 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. The applicant in this case has identified an underserved constituency with demands for goods and services not explicitly permitted in the RB-Retail Business Zoning District. The efficient delivery of such goods and services is best enhanced by a location in the closest proximity available to the point of consumption, which is the harbor. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. This request for rezone is consistent with the 1987 Near Island Comprehensive Development Plan This request for rezone is consistent with the 2008 Kodiak Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B— Business Zoning District will work towards achieving goals and objectives identified in the 2008 Plan. Rezoning the subject parcel to the B —Business Zoning District would represent the adjustment of an existing district's boundary only, not the introduction of a new zoning district. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. This recommendation supports the change to an existing land use district boundary only. Case No. 13-029 Staff Rpt Page 8 of 9 Public Hearing Item 7 B P&Z June 19, 2013 The Kodiak Island Borough Planning & Zoning Commission recommends that the Kodiak Island Borough Assembly approve this rezone request. Case No. 13-029 Staff Rpt Page 9 of 9 Public Hearing Item / b P&Z June 19, 2013 e.. - 1 ■U 81 p¢ ` ,( 1. 59C i \ �tJ _ _ II visa A i. At r' r C. 5 � 1 i1 2 i 8e 1 O�o ; r Ott ti4F FDty IEd A L J- .t ' `b..+ G'. 2 A, 9 i/? 46%, it 1,r,i *41--1-‘,..,,-ci.i.,,_ALS' ■ ,k , -,,,, ., , ,,o• , rcrke 0 ti : ..,., :.• -MI'',6.,/ 1,II n -15-1.,\T- 1. hic.1.-1,7rel Tr w ....1. r . tl e � rt{ p► r�� y . ¢ � 4 )e 1'11:7444:tgt .1''' , .-4.•kNI.,k) itigrHis41.,,iili.-tp,i-,:, Air ' . a . a . g _ ;,:b:.,,,,,, , \N\Vt. 'N 1.1" . ' .r": 't ' i...-^. 1 1 0., I D DDO j �i ��: 7 ) 5. F\\ ; \ am f , \\\ \\`\\ \ ; k•ie y vyv�\v\�>� / C 1 v.\ \‘‘`..\:-... , 17 i I;ii Iii �`A\VA\ A` Y ���dd�� 1 <Q .y �f i1�� \\VAAA\V �.1 �� r `iii Jill `., i - ,7,=) Case No. 13-029 Appendix Page 1 of 8 D ` ' f p. R ri A 1' -----g-----; IL4-...,--- 0/0--al-AV,114 . - -fr; • ST o� PICNIC /' �� +�� _ ��i .. ._ CD 5.:...:7°`-.\\,.._ „.. ifir_ i,5 SPIT r- .. J _ �i z _,,,43.--,99 ) 4.c. :-) ,,,i1Z7, ', , .. if,sto ,y, tier , ,e, __- - ,,--_...---2, __ ;le 4 7 /. .., 1-7, it..7 .. „ "4.47,. . .. eij. , ' . - ay . . ,, w . • iir . Ni cl-r:1"'it t-.4 t-ges° .-(5- ---- ... „ i - ar — ---- li ,.---T1 ....- a t, ' ,-,---..1- .- l _ . ! j' j) _ Scde 1 .200• co 0_ I)/ . so r, 7 R. / : .. o so- i _ ,--___:: k7, ,," .41" o J!4 ' , _. 0 .41 co =. pz �f�• p :.^ � = c(\0 \ ' ;S:( . CAI 3 • yO5E0 Wit ANWAIL 11 cc MR ISLAND JJ - YNVNLDYM[NT PLAY aTy.yl' I Public Hearing Item / B P&Z June 19, 2013 Chapter 17.110 Chapter 17.90 RB—RETAIL BUSINESS DISTRICT B—BUSINESS DISTRICT 17.110.010 Description and intent. 17.90.010 Description and intent. The RB retail business zoning district is established for the The B business zoning district is established for the purposes of purpose of providing for a wide range of retail and service protecting and encouraging the development of community business businesses for the consumer population of large segments of core areas that function efficiently as centers of retail business and the community, Because of the potential for heavy traffic and retail service activities. For the business zoning district, in promoting the appearance and performance of these uses,this district is the general purposes of this title,the specific intentions of this located on the periphery of residential areas and at the chapter are: intersections of arterial and major collector streets and roads. A.To encourage the continued use and development of land for retail purposes; B.To discourage the use of business district lands for other than retail purposes; C.To prohibit the use of business district lands for manufacturing and industrial purposes;and D.To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. 17.110.020 Permitted principal uses and structures. 17.90.020 Permitted uses. The following land uses and activities are permitted in the The following land uses and activities are permitted in the business retail business district: district: A.Automobile service stations; A.Accessory buildings; B. Boardinghouses, hotels and motels; B.Assembly halls; C.Commercial recreational facilities(e.g., health clubs, C.Art galleries; racquetball courts, ice rinks,etc.); D.Automobile repair garages and dealerships; D. Multifamily dwellings(not located on the street level of the E. Banks; structure); F. Building material suppliers; E. Parks and playgrounds; G. Dry-cleaning establishments; F. Retail stores and service shops(e.g., beauty shops,grocery H. Eating and drinking establishments; stores, clinics, professional offices, etc.); I. Fraternal organizations and private clubs; G. Restaurants and bars; J. Funeral parlors; H.Single-family and two-family dwellings, if located within a K. Gasoline service stations; structure containing a permitted business use, not exceeding L. Government offices; 50 percent of the area of the structure, and not located on the M. Hotels; street level of the structure; N. Laundry establishments; I.Schools/daycare facilities; 0. Libraries; J.Shopping centers; and P. Machine shops; K.Theaters,auditoriums,community halls. Q. Marinas and boat moorage; R. Mini-warehouses; S. Motels; T. Multiple-family dwellings; U. Museums; V. Offices; W. Outdoor storage; X. Printing shops; V. Professional offices and clinics; Z. Public parks and open spaces; AA. Recreational related uses; BB. Retail stores and services; CC. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner-occupied single-family dwelling may be allowed within a street level business structure,so long as the residential portion is predominantly located in the rear of the structure(away from the commercial building facade(s)for corner and multi-frontage lots),the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no indication, other than a separate entrance on the street level building facade, Case No. 13-029 Appendix Page 3 of 8 Public Hearing item / B P&Z June 19, 2013 17.110.030 Permitted accessory uses and structures. that a residential use is located within the structure; The following land uses and activities are permitted in the DD.Theaters;and retail business district: EE. Radio stations. A.Accessory buildings; and B.Outdoor retail display(e.g., small quantities of inventory). 17.110.040 Conditional uses. 17.90.030 Conditional uses. The following land uses and activities may be allowed by The following land uses and activities may be allowed by obtaining a obtaining a conditional use permit in accordance with the conditional use permit in accordance with the provisions of Chapter provisions of Chapter 17.200 KIBC: 17.200 KIBC: A.Automobile and boat sales, storage, and repair; A. Churches; B.Churches; B. Hospitals; C. Institutional facilities (e.g., hospitals,fire stations,group C. Recreational vehicle parks; and homes,correctional facilities, etc.); D. Warehouses. D. Outdoor storage,when screened by a sight-obscuring fence a minimum of six feet in height; E. Utility and service uses(e.g.,substations,etc.); F.Warehouses;and G.Wholesaling and distributing operations(excluding bulk fuel operations). 17.110.050 Minimum lot area and width requirement. There is no minimum lot area or width requirement except as may be required by the State of Alaska Department of Environmental Conservation in areas where community sewer and water is not available. 17.110.060 Maximum lot coverage for structures. There is no maximum lot coverage requirement. 17.110.070 Maximum height of structures. 17.90.040 Building height. The maximum height limit for structures in this district is 50 The maximum building height allowed is 50 feet. feet.Airport protection and safety regulations may limit building height. 17.110.080 Setbacks from property lines. 17.90.050 Performance standards. There are no required setbacks in this district. All permitted and conditional uses shall comply with the performance 17.110.090 Special district regulations. standards listed in this section. There are no special regulations for this district. A. Groundcover.All areas not devoted to buildings,structures, surfaced drives,walks, or parking areas shall be covered and 17.110.100 Fences,parking and signs. maintained with grass,shrubbery,trees, rocks or gravel,or other A.Where a lot in the retail business district is adjacent to a lot suitable groundcover materials to minimize dust,erosion, and in a residential district,the owner of the lot in the retail sedimentation. business district shall be required to erect and maintain a B. Lighting.Any lighting used for advertising,display, or security solid,four-foot fence along the property line adjacent to the purposes shall not produce glare on a public highway or neighboring residential district,from the time the property in the retail residential property. business district is developed for any purpose. C.Screening.Where a business use is adjacent to a residential use or B.Additional regulations for fences,parking and signs are district,that business shall provide and maintain screening as contained in Chapters 17.54, 17.57, and 17.60 KIBC, approved by the commission. respectively. 17.90.060 Urban renewal plan compliance. 17.110.110 Nonconformities. All business district development located in the urban renewal plan Regulations for nonconformities(lots, uses and structures) are downtown area,as defined in the November 1972 revision of said contained in Chapter 17.140 KIBC. plan,shall also comply with the provisions of that plan,and where its requirements are different than those of this chapter,the stricter of the two shall apply. Case No. 13-029 Appendix Page 4 of 8 Public Hearing Item / U P&Z June 19, 2013 i j/// / /i I I I (O N \ Z / / //-� .) i ( i I/ / j llLL7fl 146.50%/ -� % ;/ .i'� I / / I4: Th. . . : E • / / NEW 5'/ ELECTRICAL /' / / ,%` -� , / /� EASEMENT . . Q- \ C 1 ,. ( I/ 50 i/ `/ \ /( / ° ' I U.S. SURVEY / ( // �. . . / C' I • / N / ) / I asap . . O F ) / °/ /r /' -- k l■ PORTION OF �REMAIND R . ! U.S. SURVEY 4947�; y / n/ % (/ / / a / 4 y/ a % /, //',y ,7 - ) ///...rii . / 2 � . • / TRACTA \ )7// ,y • 96,082 sq R GP1 �' // /.1. .2 / 2.2 Acres / W/// /• . / EXISTI( i \_/ ELECT//y/ i r / // ' ONLY 1 / (/N(. o a ��AY �� / PORTION OF LOT 1 -? � / / / / . . . LOT 4 g38.2� PLAT 2002-15 c i �" W --�N. / I / '" $ 5 X4324 l r 90 �.�� / W -,- VJP \. .'.\t• i � mil_ W/�e �_ I i 55 IS'39"W. . . \ I 190.Oi Gvj � ' 2.08' )__ cr X4.340" W 55 y57w / SS J vim/55 "�- VI ss/ Case No. 13-029 Appendix Page 5 of 8 0 P&Z June 19, 2013 - ' •."i"-"W— e- ...., 1141411441111/4. ii •, t.: ,., • a a.. 3 ± -. ., .•`. • • ' '‘ Vitt. -.., 'T.,.a . - ''/ ' •v- . '. 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PLAT�a�z-LS T' ', S 431'32 2811' 1N�43� ( (11 X190 0�) • N i 4.35 41" 6' / 2” W 62.20' + _' .' } 189.96 epRIN 59"W 62.08') .' I ____— _4.35 36" W gp51S 0F. _. ' --- / • ' " S 6 300 W ' Case No. 13-029 Appendix Page 7 of 8 � a . ! � 4 i t /rra � }-omQ!"• TEe &RF f r 4•:...r.,^' s t t #r-4'JiY.15 i` ` 9 '4;&. t1► f , 1 >: \ . t ,' +r, c2 �144 � • 1, pD w� rWpx' �'."' (9r2)? �. 4 r t • n -,>'rv"`. ^`r r' tw.aY, fIv-04i l ° r t ' 'i i` '21:4;7‘ ,3.y` +L - �r^ * ^n s t!�✓ - 1 1 _ Y ?q2.s S4 4142 +ii•• • °r o Y`i .•-.4...; s.t 4. ssf� � -»� `�u y?i,y + T �l S{'. }i }r� 5 r j .i7�,y�r7 --f"rt I1 A.ry.,j �/©�-� i C i•It max•. "i }'}° '4". Pk� y,e� ` ,. xff .Pir41 ! E o.1' , •i> _ - .,. ({I tin "' a 41 " -` �' ♦, to-- t'fF+$ �^' R t s r+.Oro t ti,` ' , r 7a it t T v. �1r .� ,i '`2 A 4 0 r'a (`:'= #T:it= 7fo,1 jJ ? gig •, } i< I"'-'44''''' 's r,-„-' `;t it','t win Y - • . .7'�'". 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(e 1° .ri f`i 1 A i it.' 0 1.9, . la • k 44'7.1% .�.+;V W !{,1 t}i'1 St,.A ^L ‘,.:1� •{ )�{ r Id 4 ARM+ ,? ,�y')M12W ey, '7 { t + r t > c N15,7 2-.-�yy'�`�.j�—,o�,t $ a1a,� a 1 1 fi .) ,r}s1. I s � � � Y 'i II-8....('V t 1 1 1 � � ��fe " " y ` `t{ fi J �'•!4T ai y r f C rr 1 ..r •tt r y .. �` 5 ♦y. YS. .°„w,� yy yl�"` 1 •1 I r ,J wltr i �(4 3•t a"ED« x . "5� � .e.' v �1'4 ,,e� t�f• • y¢e*fL'p h '' .+s+'. c :!r )I It r." 1. , + '°(: • ' 1alit.."Ck��,}lt•i" , } } , 7 -4. t gg1 ,•f 1 •1 ll1'; ,I it. ° c ^� ,1,0* 7,2•- r-' . .4 * it �7: J i.1y • , r 1 .4..irci tp r4 .= x F `�` i tl f Y J` ° ° °. KODIAK ISLAND BOROUGH poi4.., 1 - AGENDA STATEMENT w.4 .. REGULAR MEETING OF: JULY 18, 2013 ITEM NO.: 13.C.4 TITLE: Ordinance No. FY2014-01A Amending Ordinance No. FY2014-01 by Amending Budgets to Provide for Various Additional Expenditures and to Budget for a Coastal Impact Assistance Program (CIAP) Grant. ORIGINATOR: Finance Director FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2014-01A APPROVAL FOR AGENDA: , / , , SUMMARY STATEMENT: Vll This ordinance is to provide for the following adjustments: Fund 469 Renewal and Replacement Project #11009 Karluk Underground Storage Tank bids were higher than anticipated and the project budget will need to be increased from $292.972 to $412,931, an increase of$119,959. Fund 469 Renewal and Replacement Project #12001 North Star Exterior bids were higher than anticipated and the project budget will need to be increased from $269,499 to $357,127, an increase of $87,628. Fund 469 Renewal and Replacement Project #12007 Larsen Bay Roof bids were higher than anticipated and the project budget will need to be increased from $545,953 to $598,200, an increase of$52,247. Fund 469 Renewal and Replacement has a contingency balance of$996,015. Most of the equipment in the Borough parks are old and in disrepair. The Borough has received a grant for $2,187,452 through the US Fish & Wildlife Service, Coastal Impact Assistance Program (CIAP). RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-01A 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 Requested by: Finance Director 1 Drafted by: Finance Director 2 Introduced: 07/18/2013 3 Public Hearing: Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-01A 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH ASSEMBLY AMENDING ORDINANCE NO. FY2014-01 BY 10 AMENDING BUDGETS TO PROVIDE FOR ADDITIONAL 11 EXPENDITURES AND TO BUDGET FOR A COASTAL IMPACT 12 ASSISTANCE PROGRAM (CIAP) GRANT 13 14 WHEREAS, Fund 469 Renewal and Replacement Project #11009 Karluk Underground 15 Storage Tank bids were higher than anticipated and will need to be increased from 16 $292.972 to $412,931, an increase of$119,959; and 17 18 WHEREAS, Fund 469 Renewal and Replacement Project #12001 North Star Exterior 19 bids were higher than anticipated will need to be increased from $269,499 to $357,127, an 20 increase of $87,628; and 21 22 WHEREAS, Fund 469 Renewal and Replacement Project #12007 Larsen Bay Roof bids 23 were higher than anticipated and will need to be increased from $545,953 to $598,200, an 24 increase of$52,247; and 25 26 WHEREAS, Fund 469 Renewal and Replacement has a contingency balance of 27 $996,015; and 28 29 WHEREAS, most of the equipment in the Borough parks are old and in disrepair; and 30 31 WHEREAS, the Borough has received a grant for $2,187,452 through the US Fish and 32 Wildlife Service, Coastal Impact Assistance Program (CIAP) for the Metal Debris and 33 Household Hazardous Waste Clean-up and Removal from Remote Communities project. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH THAT: 37 38 Section 1: This ordinance is not of a general and permanent nature and shall not 39 become a part of the Kodiak Island Borough Code of Ordinances; 40 41 Section 2: The budget for Project #11009, Karluk Underground Storage Tank, will be 42 increased from $292.972 to $412,931, an increase of$119,959 43 44 Section 3: The budget for Project #12001, North Star Exterior, will be increased from 45 $269,499 to $357,127, an increase of$87,628 46 47 Section 4: The budget for Project #12007, Larsen Bay Roof will be increased from 48 $545,953 to $598,200, an increase of $52,247. 49 50 Section 5: The budget for contingencies in Fund 469, renewal and replacements, will 51 be decreased by $259,834. Kodiak Island Borough, Alaska Ordinance No. FY2014-01A Page 1 of 2 52 53 Section 6: The General Fund Parks and Recreation (100-172) budget will be increased 54 by $150,000 and the General Fund use of fund balance account will also be 55 increased $150,000. 56 57 Section 7: Project 13004, Metal Debris and Household Hazardous Waste Clean-up 58 and Removal from Remote Communities, will be set up for the CIAP grant 59 and budgeted for revenues and expenditures of $2,187,452. 60 61 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 62 THIS DAY OF 2013 63 64 65 KODIAK ISLAND BOROUGH 66 67 68 69 Jerome M. Selby, Borough Mayor 70 71 ATTEST: 72 73 74 75 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2014-01A Page 2 of 2 `' KODIAK ISLAND BOROUGH trAiii AGENDA STATEMENT REGULAR MEETING OF: JULY 18, 2013 ITEM NO.: 13.D.1 TITLE: Review and Approval of Fire Protection Area No. 1 Board's Volunteer Stipend Policy and Length of Service and Special Award Policy. ORIGINATOR: Manager's Office Staff FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Email from Bayside Fire Chief Bob Himes and Manager Bud Cassidy, Stipend Policy and Length of Service and Special Award Policy Documents and Stipend costs and Awards costs APPROVAL FOR AGENDA: 4-o SUMMARY STATEMENT: The Fire Protection Area No. Board of Supervisors adopted the attached Stipend Policy and Length of Service and Special Award Policy documents. These policies affirm past practices for these activities. The Board is an advisory to the Assembly. Because of the overall costs for such a program have risen and since the Assembly has not reviewed and there was no documentation in the Borough records found that such a program exists, it is necessary for the Assembly to review and approve this program. Formally approving such policies would also resolve auditors and 1099 issues. RECOMMENDED MOTION: Move to approve the Fire Protection Area No. 1 Board's Volunteer Stipend policy and Length of Service and Special Award policy. Kodiak Island Borough Page 1 of 1 From: Bud Cassidy Sent: Wednesday, June 19, 2013 1:20 PM To: Clerks Subject: FW: stipend and award policy Marylynn Please pass on to the Mayor and Assembly. Mayor Selby and Assembly members— The Service Area#1 (Bayside Fire Department) is advisory to the Assembly. At their Tuesday night meeting, they confirmed a longevity program as attached. It is important to have such a program to attract and retain firefighters. My discussion with Chief Himes and Finance Director Short is that such a program was approved in the past and has been implemented for many years. But because the overall costs for such a program have risen and since the Assembly has not reviewed this policy in recent memory, this is a good time to forward to you for review. Should you have any comments please contact me. Thanks, Bud From: Bob Himes Sent: Wednesday, June 19, 2013 8:50 AM To: Dria Holloway Cc: Bud Cassidy Subject: stipend and award policy Attached are the Stipend and Award Policies that were approved by the Fire Protection Area No. 1 Board of Supervisors last night. These policies affirm past practice for these activities. The Awards Policy was slightly modified to meet IRS requirements. The two day trip for two to Anchorage was removed. Hopefully this helps the auditors and 10-99 issues. Bob Himes, Fire Chief Kodiak Island Borough Bayside Fire Station 4606 East Rezanof Drive Kodiak, AK 99615 (907) 486-4536 office (907) 486-3025 fax (907) 654-2668 cell think green, please don't print this e-mail unless you really need to PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. Bayside Volunteer FD 2010 - 2013 Awards summary expenditures 8/30/2010 Annual awards engraving 249.00 9/8/2010 Annual firefighter awards 2497.22 11/8/2010 Annual fire dept awards banquet 4946.01 11/8/2010 Flowers award banquet 311.54 11/8/2010 Group Photo 165.00 1/4/2011 BVFD Dept jacket / service awards 1422.80 10/11/2011 BVFD Annual Awards Banquet 4964.01 10/31/2011 Flowers for annual fire dept awards banquet 251.64 11/30/2011 Fire dept jackets 1 year service awards 2319.16 12/6/2011 Plaque for fighter of the year 41.18 12/8/2011 Airfare - P Burkey received 5 year service award 352.90 8/22/2012 Plaque for leather award shield 46.98 8/23/2012 Leather award shield for firefighter of the year 39.00 9/20/2012 Awards for banquet 486.27 9/20/2012 Fire dept jackets for awards 498.97 10/2/2012 Bayside FD Annual Banquet 5776.30 11/7/2012 Award banquet flowers 251.64 11/27/2012 20 year service award - Awards Banquet 754.45 4/8/2013 ERA Rountrip - Andrew Dvries / Taj Devries- 10 year 439.00 4/8/2013 ERA Rountrip - Andrew Dvries / Taj Devries- 10 year 439.00 4/8/2013 Alyeska Lodging lift tickets-Andrew DeVries Taj Devr 40.00 4/8/2013 Alyeska Lodging lift tickets-Andrew DeVries Taj Devr 570.72 26862.79 9/9/2010 Uniform shirts 155.96 11/10/2011 Fire dept T-shirts 3055.00 12/15/2012 Fire dept embroidered hats 454.65 12/19/2012 BVFD embroidered winter hats 663.25 4328.86 Total Banquet /Awards / hats and shirts 31191.65 KODIAK ISLAND BOROUGH _RECEIVED FIRE PROTECTION AREA NO. 1 BOARD OF SUPERVISORS JUN 2 1 2013 VOLUNTEER STIPEND POLICY BOROUGH CLERICS OFFICE KODIAK,ALASKA This stipend is primarily for the recruitment and retention of volunteer firefighters and emergency medical responders and is intended to reimburse them for fuel for their privately owned vehicles while responding to calls, for wear and tear on their personally owned vehicles, clothing, and equipment. This stipend shall be paid out twice a year; once at the beginning of December, and once at the end of June. Each volunteer shall be paid a stipend of$15.00 for each: • Emergency call responded to • Monday night drill attended • Day of recruit firefighter training attended • Day of emergency medical training attended • Emergency call responded to while on the ambulance ride along program • Day of other special, department sanctioned training Stipends will only be paid for responses and training received on the Kodiak Island Road System. Volunteers attending training, conferences, symposiums, etc. off island will not be paid a stipend; instead they will receive Per Diem as set by the Kodiak Island Borough Assembly. Approved by the Fire Protection Area No. 1 Board of Supervisors on June 18, 2013. 0 � • ��� Robert Himes, Fire Chief Ji ' ett, Vice Chair Kodiak Island Borough Payroll History Report From Date:07/01/2012-To Date:06/30/2013 a roll Histor otal Hours Description Gross Hours Withholdings and Deductions Gross Base Benefit Amount 64-BVFD FIREFIGHTER 16,845.00 1,123.0000 Gross $16,845.00 STIPEND Federal 678.78 17,245.00 Direct Deposits Amount Total 16,845.00 1,123.0000 FICA 868.59 17,245.00 ALASKA USA 11 27.70 Medicare 250.04 17,245.00 USAA FEDERAL SAVINGS BANK 80 3,381.07 Net $15,447.59 WELLSFARGO AK 53 1,162.55 Total $4,571.32 Check 10,876.27 Kodiak Island Borough Payroll History Report From Date:07/01/2011 -To Date:06/30/2012 a roll Histor otal Hours Description Gross Hours Withholdings and Deductions Gross Base Benefit Amount 64-BVFD FIREFIGHTER 29,175.00 1,945.0000 Gross $29,175.00 STIPEND Federal 1,082.51 29.375.00 Direct Deposits Amount Total 29,175.00 1,945.0000 FICA 1,233.75 29,375.00 USAA FEDERAL SAVINGS BANK 80 1,751.18 Medicare 426.06 29,375.00 WELLSFARGO AK 53 422.38 Net $26,632.68 Total $2,173.56 Check 24,459.12 User: Marilyn Ordal Pages: 10 of 10 7/5/2013 9:29:01 AM RECEIVED KODIAK ISLAND BOROUGH FIRE PROTECTION AREA NO. 1 JUN 2 1 20U BOARD OF SUPERVISORS OUCH CLERICS OFFICE LENGTH OF SERVICE AND SPECIAL AWARD OLI KODIAK,ALASKA It shall be the policy of the Fire Protection Area No.1 Board of Supervisors to award members of the Bayside Fire Station for their length of service to the department, as well as recognizing members of the department and public for special awards. These awards shall be non-monetary to comply with IRS regulations. Length of Service Awards and other special awards shall be presented to members of the department at the Annual Awards Banquet which shall be held in September of each year. Length of Service Awards for the Bayside Fire Station members shall be as follows: o 1 year—Fire Department Coat o 5 year—Plaque • 10 year—Fire Department Gold Ring • 15 year—Fire Department Speaking Trumpet with stand o 20 year—Bronze Fire Department helmet • 25 year—Bronze fire axe on plaque Special Awards for Bayside Fire Station members and members of the public shall be as follows: • Spouse Recognition Award—Long Stem Red Rose o Firefighter of the Year Award—Helmet Front on Plaque • Medal of Valor—Medal with Ribbon o Life Saving Award—Medal with Ribbon Other awards may be given for other special situations as recommended by the Fire Chief or Board of Supervisors. Approved by the Fire Protection Area No. 1 Board of Supervisors on June 18, 2013. Hn Ro /ert Nimes, Fire Chief Jim ett, Vice Chair SymbolArts r (801)475-6000 Phone 6083 South 1550 East S%rAAS L A. (801)475-5500 Fax Ogden,LIT 84405 JEWELRY QUALITY BADGES AND INSIGNIA www.symbolarts.com QUOTE/CONFIIOIA(ION FORM • IMPORTANT INFORMATION: DIE SERVICE/SETUPS ONLY VALID FOR 3 YEARS! This quote is valid for 30 days from TODAYS DATE: 6/17/2013 Precious Meld Quotes(rings,etc.)valid for 6 days from IODAYS DATE:I Customer ft: i IProject:I Phone k: Payment Terms: Customer Name: Bayside Fire Station Fax k: I. I I Order/Contact: Robert Nimes Email: Payment Method: Bill to(Name): Ship to(Name): (If same as Bill To,type SAME) Bill to(Address)! 4606 E ReranofDr Ship to(Address): Bill to(Address): Kodiak,AK 99615 Ship to(Address): No PO Bo.,.Mood(Haeep om:APO/FPO/DIV'ddresme) Exp Date:I I Secu rity:I Ship Method: /r�, SHIPPING CHART X Ground (f/PS Ground Rates n1v)1117,AK,Intl IAddlnonal Charges Deposit Amt: 2 Day Air Order Total Freieht Order Total Freieht Order Total Frei ht _Overnight 50-5100 $10.00 51001-51500 $40.00 53501-54000 $110.00 a IDn111Y➢RYdENPBCTAIDOMM1 Pickup $101-$250 515.00 51501-52000 $50.00 54001-54500 $125.00 Product$HIPS FROSISymbotArrs USPS 5251-5500 $20.00 $2001-52500 $65.00 54501-55000 $140.00 EN11547 pN 111111SAW371 LISPS FLAT RATE 5501-5750 _$25.00 52501-53000 $80.00 55001-55500 $155.00 Ring 8 weeks 5751-51000 $3000 $3001-53500 $95.00 $5501-$6000 $170.00 C` 2 Die Kerrie SHIPPING Extended Price Extended Price Product Artwork# Ver.ti Ole LiaLLI OLIOTE CONFIRMED V (c.namCMkma x kit) IOk Gold Ring C-75038 I 2 $I,500.00 $10.00 $3,010.00 50.00 I. $0.00 $0.00 $0.00 - - $0.00 $0.00 $0.00 I I S0.00 I $0.00 I I I- $0.00 _J I $0.00 _. (CHECKED BOXES ONLY)•SUBTOTAL $3,010.00 (CHECKED BOXES)(DISCOUNT DOES NOT APPLY TO DIE SERVICE FEE)-LESS DISCOUNT= 50.00 (CIIECKED BOXES ONLY-REFERENCE CHART ABOVE)-SHIPPING (CHECKED BOXES ONLY-UT-6.65.)-SALES TAX elate Tatl 1111111. $0.00 GRAND TOTAL $3,010.00 Specific Information for this order: Ring no. I: Size: 14'% Ring no 2:Size: 12 Stone:Faux Ruby Stone:Faux Peridot Engraved: B.McNeil Engraved: D.I'ayelle *Sign and Date indicating accuracy and acceptance Date Ts}N Sipulwr u.uvepnble•i(emvlwe If you have any questions please contact me at 801-475-6000Ext. 104 or email meat ssa chtsombnb,n mm Important Information *No changes are allowed on Badge orders. A cancellation and reorder is available. 'Cancellations after 2 weeks will incur a$35 per badge charge. *No changes are allowed on Pins/Coins/Patch after 24 hours. 'Badges(new molds)ship from SymbolArts 14 weeks from order confirmation date. 'Badges(existing molds)ship from SymbolArts 10 weeks from order confirmation date. 'Rush badge orders are not allowed. D16-17 Boss F.aer © 2012 This copyrighted artwork is the property of SymbolArts and may be used by written permission only. The rights to this artwork may be purchased . 'Enlarged For Detail fa Sato - / - PY,Stp, _ JutI1 ri _ ,it '� r _ 1 � Ju c-.,,i A �,_ � S 11 y �� STP. , -'STA`�� a — a 6,,...lc,,D.�O a. .irATIAi\ : - . �.�ll5 X S I A2_T,D tN. J . EN�AYE ' S 0 YE ' VERILC 11,41„>41ePli',/ , - 1 44, MTAI71 41\ 40E24 tie /- t Nall J J J_ J .J o f A I ® pme 202 neandblaetcd I CO2 012 SymbolArts L. LC MI riehls reserved . Customer accepts this work subject to. and any redistribution or reModuction is governed by. n \ ,. SymbolArts'Copyright Terms& Conditions accessible at rvww.symbolarts.convlegal. ISYMBOL { �. prokct rum', project a acolon ty ant: version r S MBOL ? , ' 6ayeice Fire 5tateion 10 Year Ring C-75038 MC 09/06/2012 1 Vil product AeKriptbn: Mate baaeeF ',rymeMNte mp: reference i 0012 9ymbotArt 1 c. Ring AK l X Seth X o'a"ina»eooOer'DG anseoo X Al aNvt.I.coy Do odd rm .Evpc.tm:a sN t any Please always check'Telling and¢rapines carefully. Molds will be made on final approval of armor k. Any conectioms made after Me molds are made will make i1 necessary to c ha:ee an addiliotnal new the fee. 'I his cop}rinhted au wot k may be available to your for pm chase. Please contact you S)liibolAns Representative. Thmrk Von. COLORS ON THIS PROOF MAY SOT APPEAR TRUE TO THE SPECIFIED PANTONE OR I'U1G LI COLORS. FORA TRUE REPRESENTATION OF SPECIFIED COLORS,PLEASE REFER TO A PANTONE COLOR SPECIFIER OR TUNG LI COLOR CARD. Nova Javier From: Bob Himes Sent: Wednesday,July 03, 2013 7:35 AM To: Nova Javier Cc: Jenny Clay; Bill Roberts; Bud Cassidy Subject: RE: Award Policies Attachments: Copy of 6-17 Bayside Fire rings.xls; C-75038 Bayside Fire Stateion 10 Year Ring Alaska MC.jpg Here is the cost information, I cut and paste from the websites of the vendors that we use. The total costs of these awards very from year to year depending on how many people have stayed around long enough to be eligible for an award. The costs shown do not include the cost of embroidery and engraving. i Art 1 r Q: m 5.11 Tactical: Men's Responder Hi-Vis Parka, ANSI 107 Class 2 $289.99 - $299.99 -. Double Cut Plaque/ X-large Starting $64.50 nl'H x 9'W)) Pewter Ceremonial Trumpet 1:) Starting At: $414.00 (19"H x8"D) wr`I%t `"Od Trumpet Stand I Starting At: $144.00 (10"xn") I I i 1 Solid Brass Fire Helmet Starting At $575.00 °" (151x1O.SWx EH) R . Yl' 1 Ax Display Plaque Starting At: $319.00 (ta'H x 42W) Bob Himes, Fire Chief Kodiak Island Borough Bayside Fire Station 4606 East Rezanof Drive Kodiak,AK 99615 • (907)486-4536 office (907)486-3025 fax (907) 654-2668 cell BA think green,please don't print this e-mail unless you really need to •PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Nova Javier Sent: Tuesday, July 02, 2013 4:37 PM To: Bob Himes Cc: Jenny Clay; Bill Roberts; Bud Cassidy Subject: Award Policies Hi Bob, Attached is the agenda statement and backup. I'm not sure if Bud relayed to you that he wanted costs associated with these policies for the record. If you wish to include a document/additional documents for the packet, please send them to me by Friday. Thank you, Nova 2 Backup information to "Review and Approval of Fire Protection Area No. 1 Board's Volunteer Stipend Policy and Length of Service and Special Award Policy". This document is 261 pages (3.35 MB in size). Due to its size, it has been provided to the Assembly in their iPads. Members of the public who wish to read this document, please contact the Clerk's Office. 1, ?:..:1,24,44A ' WO .1.11T1111, 4 i Itivr:s ci . .,',1:f, I'le tkiv ( : ' ■ U 1117.:141 . ' at' Stati , . ..4 : •-• , lill Qr. 4.. 4.". \ rs: , 4. ,7c4s, ' 'I I 1 i lel li 4 ‘. Irma' f fir weal/ , * .i i .7-• . 0•0" , 1r% Mar 1 4 I -r . --.. , t 1 iirL40) ' t' . ,'' 4 , r. 4., 1,, ...._fri.....--. .. - . ''. 4., 1, -1 ■••-?_. . j•C21465 i - a . ' illiC t ‘. ,• isd A ,,. '-'1 ....':'-:;;;t A:1-n. ,-----:‘,.. r..„„ ,. it. .., ,, ..:.,04„ -z-s,... .' ik .. 511:kt.i.fa 'n.a41 =-,-"aLs.-..•i. ''' .•e- . .. ,•C-''' t,-. " 1 in. sr•r..._,.i4.k-r 11 .-.1:1 •. a 'c4 , l ir - 4:_-at.-:,a i h.4F4.4P.-P--G.•6 1 u.s.:FireAdrrtihistrah011 Retention f etention and Recruitment or the . Vo unteer Emergency Services Challenges and Solutions FA-3101May 2007 ... . . N.c. , EMA F . - ' - - , - - - -- -- -- Nova Javier From: Bob Himes Sent: Thursday, July 11, 2013 1:30 PM To: Nova Javier Cc: Bill Roberts; Bud Cassidy; Rebecca Nelson (huntress @gci.net); Richard Carstens (perfectparents @ak.net);Jim Pickett (JimPick @gci.net); Drew Devries (andrewdevries52 @ hotmail.com) Subject: RE: Agenda Packet, Agenda Statement and Backup I would like to make some clarifications on the 2010-2013 Awards Summary. 12/8/2011, there is a typo here someplace, it should read 10 year service award. Also be advised that this would normally be a trip for two, however the volunteer, Charles Burkey, was going to Anchorage on business anyways and just wanted to have us pay for the airfare for his wife to join him. There was also no hotel costs associated with this 10 year award. Also be advised that this option for the 10 year award has been removed from the policy. 4/8/2013, this expense is an error and looks like we were double billed since the lift tickets were supposed to be part of the room cost. The finance department said they were going to look into this charge and get a credit!?! Again, this option for the 10 year award has been removed from the policy. 9/9/2010, the purchase of these uniform shirts is not part of the awards program, I believe these were uniform shirts for me. 11/10/2011, fire department t-shirts are not purchased on an annual basis, they are only purchased ever 3 to 5 years, They are purchased in bulk to reduce the cost of the shirts and set up charges for printing. Bob Himes, Fire Chief Kodiak Island Borough Bayside Fire Station 4606 East Rezanof Drive Kodiak, AK 99615 (907) 486-4536 office (907) 486-3025 fax (907) 654-2668 cell think green,please don't print this e-mail unless you really need to PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: Nova Javier Sent: Tuesday, July 09, 2013 2:47 PM To: Bob Himes Cc: Bill Roberts; Bud Cassidy; Rebecca Nelson (huntress @gci.net); Richard Carstens (perfectparents @ ak.net); Jim Pickett (JimPick @gci.net); Drew Devries (andrewdevries52 @hotmail.com) Subject: Agenda Packet, Agenda Statement and Backup 1 • RECEIVED PO Box 191 Kodiak, AK 99615 3W. 1 0 2013 July 9"' 2013 BOROUGH KODIAK,,ALASKA OFFICE tom, _ , Mayor Jerome Selby and members of the Assembly: Kodiak Island Borough The Assembly information Packet for the July 11, 2013 work session includes a reference to: Review and Approval of Fire Protection Area No. 1 Board's Volunteer Stipend Policy and Length of Service and Special Award Policy. As a resident of the Fire Protection Area for over thirty years and now a member of the Bayside Volunteer Fire Department I anticipate the Assembly will see these policies as an approval of the vast majority of the residents in the affected area through their duly elected Board members, Bayside Fire Department operates under the direction of a Board per Borough Code Chapter 4.20 Section 30 Authority and duties of Boards.. This service area has a long and credible history since the early 1980's. Since the inception of this service area the Assembly has allowed the Board to establish its own work programs and budgets. Among the scope of the Boards actions has been the establishment of the afore listed stipend and award policies. You have before you a set of policies presented by the Board which reflects expenditures detailed in the proposed budget for Fire Protection Area 1. These are not new policies but a restatement of policies that have been in place over a long time with expenditures that have been ongoing over the same time period. The budget reflects the funding requirements for these two items. The Board under the requirements of Chapter 4.20 Section 40 Public hearing presented the related budget and scope of work including these two policies, to the public at an open public meeting. At the public meeting there were minimal objections to these items as they reflected on gong long term operational plans for the area. It is fair to say the history of the Assembly regarding all Service Area Boards indicates the Assembly approving the various Boards recommendations as the desires of the area residents. It is clear in the Borough Code that Boards are to be the guiding force for budget and policies. The Assembly has been very careful not to micro-manage any Board's operational procedures as the Board reflects the wishes of their constituents. I urge the Assembly members to approve these two items as presented by the Board of Fire Protection Area 1. It meets the most fundamental concern of the Assembly: providing those paying the bills ample opportunity to voice their concerns through a public forum [public hearing' where the Board could determine the concerns of the area residents while developing policies. As I will be out of town during the deliberations on this matter I offer my position on the matter through this letter. Re�pec Ily, ,,7 /y ,JthrYA'Par4 • • 7 ad.= ° '' ' KODIAK ISLAND BOROUGH ti A :.ct , ¢ AGENDA STATEMENT fr 5764T REGULAR MEETING OF: JULY 18, 2013 ITEM NO.: 13.D.2 TITLE: Per KIBC 12.15, Granting Approval to Start the Process for Naming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center. ORIGINATOR: Manager's Office Staff FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: FPA No. 1 Board Resolu .• No. FY2013-01 and KIBC 12.15 APPROVAL FOR AGENDA: 1, I , SUMMARY STATEMENT: The Fire Protection Area No. Board of Supervisors adopted the attached Resolution on June 18, 2013 requesting the the Kodiak Island Borough Assembly Officially Change the Name of the Bayside Fire Training Center to Earl Smith, Jr Memorial Fire Training Center. KIBC 12.15 established the policies in naming a building, facility, or a public place. This will require a two step process. First step, approve the request by Assembly motion. The Mayor appoints and Assembly confirms a five-member citizen panel. The citizen panel review proposed names, hold public hearings, and identify an appropriate name for the facility. The code states that the panel may be comprised of members of recognized boards and commissions. If the Mayor feels that the five-member Fire Protection Board should comprise this panel, a recommended motion is below. Second step, upon agreement of the citizen panel, a letter advising the Mayor shall be dispatched and it will be attached to a resolution for consideration of the Assembly. The Assembly will hold at least one public hearing on the naming resolution. RECOMMENDED MOTION: Move to grant approval to start the process for naming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center and direct the Clerk to advertise for the vacancies to the five-member citizen panel. OR Move to grant approval to start the process for naming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center and appoint the Fire Protection Area No. 1 Board to serve as the five member citizen panel. Kodiak Island Borough Page 1 of 1 RECEIVED 1 2 JUN 2 1 2013 3 4 5 BOROUGH CLERKS OFf ICE 6 FIRE PROTECTION AREA NO.1 K ODIAK ALASKA 7 RESOLUTION NO. FY 2013-01 8 9 A RESOLUTION OF THE BOARD OF SUPERVISORS FOR FIRE PROTECTION AREA NO. 1 10 REQUESTING THAT THE KODIAK ISLAND BOROUGH ASSEMBLY OFFICIALLY CHANGE 11 THE NAME OF THE BAYSIDE FIRE TRAINING CENTER TO THE EARL SMITH, JR. 12 MEMORIAL FIRE TRAINING CENTER. 13 14 15 WHEREAS, Earl Smith, Jr. was hired as the first Fire Chief for the Bayside Fire Station in 16 September 1983, and 17 18 WHEREAS, Earl Smith, Jr. was instrumental in the recruitment and training of volunteers, 19 equipping the new fire station, and establishing standard operating procedures, and 20 21 WHEREAS, Earl Smith, Jr. was the driving force behind the funding of and construction of the 22 Bayside Community Training Center and Fire Training Center, and 23 24 WHEREAS, Earl Smith, Jr. retired from the Bayside Fire Station in October 1998 and 25 subsequently moved to Lemmon, South Dakota where he battled with cancer until his death on 26 February 21, 2013, and 27 28 WHEREAS, the Fire Protection Area No. 1 Board of Supervisors, Fire Station Staff, Volunteers, 29 and the Earl Smith, Jr. family would like to recognize the hard work and dedication that Earl 30 Smith, Jr. provided to the fire service, 31 32 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS FOR ARE 33 PROTECTION AREA NO. 1 that we request the Kodiak Island Borough Assembly officially 34 change the name of the Bayside Fire Training Center to the Earl Smith, Jr. Memorial Training 35 Center, and 36 37 BE IT FURTHER RESOLVED that the Board of Supervisors for Fire Protection Area No. 1 and 38 the Earl Smith, Jr. family requests that the official change of name and dedication occur on 39 Memorial Day 2014. 40 41 ADOPTED BY THE BOARD OF SUPERVISORS FOR FIRE PROTECTION AREA NO. 1 42 THIS 18TH DAY OF JUNE 2013 43 44 45 46 Board of Supervisors, 47 Fire Protection Area No. 1 48 50 51 Ji ckett, Vice Chair FIRE PROTECTION AREA NO. 1 Resolution No. FY2013-01 Page 1 of 2 S2 53 ATTEST: 54 55 56 57 J ny Clay, ecretary I 58 Engineering & Facilities 59 Kodiak Island Borough 60 June 18, 2013 FIRE PROTECTION AREA NO. 1 Resolution No. FY2013-01 Page 2 of 2 Chapter 12.15 BUILDINGS, OTHER FIXED FACILITIES AND PUBLIC PLACES Sections: 12.15.010 Purpose and intent. 12.15.020 Policy. 12.15.030 Procedures. 12.15.040 Changing of names. 12.15.050 Naming a facility for other than an individual. 12.15.060 Application 12.15.010 Purpose and intent. The borough hereby establishes a policy and set of procedures to govern the naming of borough buildings, other fixed facilities and public places. A sound naming policy adds meaning, significance and uniformity to public facilities, minimizes conflict and provides a forum for meaningful discussion regarding naming. Further, a borough naming policy establishes a means of appropriately recognizing prominent individuals and those who have substantially contributed to the Kodiak Island Borough, the state, or the nation. [Ord. FY2009-16 §3, 2009]. 12.15.020 Policy. It is the policy of the Kodiak Island Borough to name borough-owned buildings, other fixed facilities and public places in honor of prominent Alaskans who, by virtue of special efforts, accomplishments or contributions which have benefitted the Kodiak Island Borough of the state of Alaska, have achieved public status worthy of long-term recognition. Non-Alaskans who have substantially contributed to the Kodiak Island Borough, the state of Alaska or the nation as a whole may also be considered. [Ord. FY2009-16 §3, 2009]. 12.15.030 Procedures. A. Preliminary action in naming a building, other fixed facility, or a public place may be initiated by the mayor or by the assembly. Upon approval of a request by assembly motion, a five-member citizen panel will be appointed by the mayor subject to assembly approval to review proposed names; to hold public hearings; and to identify an appropriate name for the building, other fixed facility, or a public place.The citizen panel may be comprised of members of recognized boards and commissions. B.The citizen panel will identify the appropriate name of a building, other fixed facility, or public place. The citizen panel may consider those names submitted by the mayor or the assembly or propose an alternative. Upon agreement by a majority of the citizen panel, a letter advising the mayor shall be dispatched. The mayor will make the panel's letter an attachment to a resolution for consideration by the assembly. Memoranda as appropriate may be appended to the resolution to explain or amplify relevant information for the assembly. C.The assembly will hold at least one public hearing on the naming resolution and ensure appropriate information dissemination to the public prior to adoption of the resolution.The name adoption or the name change shall become effective upon adoption of the resolution by the assembly. [Ord. FY2009-16 §3, 2009]. 12.15.040 Changing of names. Nothing in this chapter shall be construed to prohibit the changing of names of buildings, other fixed facilities, or public places provided the guidelines of this chapter are followed. [Ord. FY2009-16§3, 2009]. 12.15.050 Naming a facility for other than an individual. Names for buildings, other fixed facilities, or public places may be selected from categories other than persons. Geographic influences may be considered in selecting names for facilities. Procedures prescribed herein remain applicable. [Ord. FY2009-16 §3, 2009]. 12.15.060 Application. This chapter shall not apply to the naming or renaming of buildings, other fixed facilities, or public places which were donated to the borough contingent upon assignment of a specific name or to any building, other fixed facility, or a public place constructed or purchased from money or property donated to the borough for the specific purpose of securing a name for the facility. Further, this chapter does not apply to the naming of streets, roads, and sidewalks. This chapter shall apply to all buildings, other fixed public facilities, and places owned by the Kodiak Island Borough and operated by the borough or the Kodiak Island Borough School District. [Ord. FY2009- 16 §3, 2009]. ApA""G gg :i. KODIAK ISLAND BOROUGH .a'° FIRE PROTECTION AREA NO. 1 BOARD NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Richard Carstens 2014 486-4282 486-3281 perfectparentsak.net PO Box 2676 Kodiak, AK 99615 Andrew DeVries 2014 486-1422 487-5808 539-1422 andrewdevries52(u(7hotmail.com 2653 Devil's Prong Ext. 1 Kodiak, AK 99615 Rebecca Nelson (Chair) 2015 486-2527 487-5808 539-5592 huntressCa?gci.net PO Box 3086 Ext. 1 Kodiak, AK 99615 Jim Pickett (Vice Chair) 2013 539-2997 486-3281 JimPick(a�gci.net PO Box 521 Kodiak, AK 99615 Kiela Pickett 2015 539-2996 487-4363 JimPickCcilgci.net PO Box 521 Kodiak, AK 99615 Non-Voting Ex-Officio 486-4536 bhimesAkodiakak.us Bayside Fire Chief 486-2668 486-3025 654-2668 Robert Nimes (Fax) 4606 Rezanof East Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 4.80 EF DIRECTOR,WOODY KONING 486-9343 wkoninq(thkodiakak.us EF SECRETARY,JENNY CLAY 486-9343 jclavekodiakak.us ENGINEERING AND FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK,AK 99615 Revision Date: 3/29/2013 Revised by:JK 0 :, ° KODIAK ISLAND BOROUGH #% ts wP OF)THFS THE STATE Department of Commerce, Community, and Economic Development = °fALASKA p Dl1'ISIVVUPCUi1I1ItiK1"fl' .4\'UREGfUtiaLAFP:IIRS JF GOVERNOR Se:\?: I':\RilIiLL P.O.Box notr:; r;n�4 lUa'd ciU.A:OSKC1 2Y/811-0809 A L A. 980.. 1.1u111:937-465-4731 Progrorns fox: • 7-5967 June 28,2013 RECEIVED The Honorable Jerome Selby,Mayor Kodiak Island Borough JUL - 1 2013 710 Mill Bay Road Kodiak,AK 99615 Tzars OFFICE • SKA RE: 2014 Designated Legislative Grant `. Dear Mayor Selby: I am pleased to notify the Kodiak Island Borough has been appropriated a FY 2014 Designated Legislative Grant per AS 37.05.315, Grants to Municipalities for the purpose of Landfill Leachate Treatment Plant&Related Phase III Improvements.The amount of state funding appropriated for this grant is $4,529,000. In order to receive grant funds,a grant agreement must be executed. Please provide the following information within 30 days: o A scope of work for this project which includes a brief project description,proposed timeline and budget narrative. Enclosed is the Total Project Snapshot (TPS). The TPS is to be used as a reference for writing the brief project description. In the project description, describe the tasks and/or activities that will be accomplished with this grant funding. o Completed Signatory Authority Form Upon receipt of the requested information, I will prepare and send the grant agreement for signature. The latest Designated Legislative Handbook is available online at: http://commerce.a laska.gov/dnn/dcra/GrantsSection/DLGrants.aspx and should answer any questions you have regarding management and use of grant funds. Congratulations on this award. I look forward to working with you to ensure the success this project. If you have any additional questions, please contact me via phone at(907)465- 4731 or email robin.park@alaska.gov. cerel Robin Park Grants Administrator II Enclosure Total Project Snapshot Report 2013 Legislature TPS Report 60388v1 Agency: Commerce, Community and Economic Development Grants to Municipalities (AS 37.05.315) Grant Recipient: Kodiak Island Borough Federal Tax ID: 92-0030845 Project Title: Project Type: Equipment and Materials Kodiak Island Borough - Landfill Leachate Treatment Plant & Related Phase III Improvements State Funding Requested: $4,529,000 House District: 35 / R One-Time Need Brief Project Description: Purchase and installation of a waste water treatment plant Funding Plan: Total Project Cost: $10,848,000 Funding Already Secured: ($6,319,000) FY2014 State Funding Request: ($4,529,000) Project Deficit: $0 Funding Details: The cost of Phase Ill is estimated to be$10,848,000. The funding already secured for Phase Ill consists of(1)approximately$500,000 in KIB revenue bonds;and(2)approximately$5.8 million in Alaska Clean Water Fund loan funds. Detailed Project Description and Justification: The Kodiak Island Borough is closing out the existing landfill footprint and creating a new lined cell in accordance with EPA/DEC requirements.The lined cell when in operation will generate leachate that will be treated by an on-site wastewater treatment plant. This structure is a stand-alone skid mounted piece of equipment. It will be installed as Phase III of our landfill expansion project. Phase III is estimated to cost$10,848,000. Funding is in place for Phase I and Phase II, with local funds covering about 67% and state funds for the remaining 33%. An on-site leachate treatment plant was chosen as the method to address leachate produced at the landfill after the alternative of piping it to the City of Kodiak Wastewater Treatment Facility was found not to be a feasible option. This wastewater treatment plant is required to treat wastewater to DEC drinking water standards. The borough also submitted a matching grant application through DEC for the maximum amount allowable for this plant; however, this project currently ranks below the fundable portion of the budget. The borough views this project as a basic infrastructure need for the community. The purchase and installation of a wastewater treatment plant is the final phase of the Kodiak Landfill Lateral Expansion project. The estimated cost for the purchase, installation and associated equipment of the wastewater treatment plant is $10,848,000. The Kodiak Island Borough has secured funding in the amount of $501,000 in revenue bonds and $5,818,548 in Alaska For use by Co-chair Staff Only: Page 1 00Q Contact Name:Astrid Rose 29 JQ,d Contact Number:465-3271 ' CD Ppp 2:01 PM 5/9/2013 Total Project Snapshot Report 2013 Legislature TPS Report 60388v1 Clean Water Fund loan funds for a total of $6,319,000. This amount of the local funding is approximately 58% of the estimated cost for this phase. KIB is requesting legislative funding in the amount of$4,529,000. This funding reduces the borough's need to further request loan funds or issue revenue bonds, both of which obligate the local citizens to higher use fees for repayment of the debt. If this request is funded, the entire Kodiak Landfill Expansion Project will have be funded with 64%from local funds and 36% from the state once completed. Project Timeline: It is anticipated that the process for the purchase of the treament plant and associated equipment will begin in the summer of 2013 with intallation beginning in late 2013: Entity Responsible for the Ongoing Operation and Maintenance of this Project: Kodiak Island Borough Grant Recipient Contact Information: Name: Charles E. Cassidy Title: Manager Address: 710 Mill Bay Road Kodiak,Alaska 99615 Phone Number: (907)486-9302 Email: bcassidy @kodiakak.us Has this project been through a public review process at the local level and is it a community priority? ©Yes❑No For use by Co-chair Staff Only: Page 2 Contact Name:Astrid Rose Contact Number:465-3271 2:01 PM 5/9/2013 DESIGNATED LEGISLATIVE GRANT SIGNATORY AUTHORITY FORM Department of Commerce,Community,and Economic Development, Division of Community and Regional Affairs Please clearly print,submit ORIGINAL form,and submit an updated form annually or whenever changes are made to the information below. Grantee Name: Date: Regular Election Held(if applicable): Telephone Number: Grantee Contact Name: Fax Number: Address: E-mail Address: City,State,Zip Code: Federal Tax ID k: The following Grantee Employees/Officers are authorized to sigh Grant Agreements and any Amendments: Printed Name: Printed Name: Title: Title: Signature: Signature: The following Grantee Employees/Officers are authorized to sign Grant Financial/Progress Reports and Advance Requests: Printed Name: Printed Name: Title: Title: Signature: Signature: This signatory authority is conveyed by ,the Chief (Name) Administrator of ,this day of ,20 (Grantee Name) Please indicate your preferred method of Signature submitting financial/progress reports: ❑ Monthly Reporting Printed Name/Title ❑Quarterly Reporting Revised 04/2013 -' - KODIAK ISLAND BOROUGH *p,�� ,,, . ENGINEERING/FACILITIES DEPARTMENT A -;/,;; 5 710 Mill Bay Road Viai bdG - Kodiak,AK 99615 —a Phone (907)486-9210- Fax (907)486-9347 MEMORANDUM DATE: July 3, 2013 TO: Borough Assembly CC: Bud Cassidy, Borough Manager Bill Roberts, Acting Official Woody Koning, E/F Director FROM: Matt Gandel, Project Manager/Inspector RE: Projects Status Report KODIAK HIGH SCHOOL ADDITION AND RENOVATION Watterson Construction continues to work in several different areas of the High School. The Upper Mill Bay parking lot (Phase 1) is complete. They have removed the exterior face of the existing building where the new four-story tower will connect, and have started on excavation for the footings and foundation for new tower. Demolition in the gym and existing locker rooms is complete, and installation of new mechanical and electrical systems and finishes in the gym will be ongoing through July and August. The gym is scheduled to be complete by the end of August. _ _- . 'Fate' I I i--- + ' a alai'• r v ti h r,..- O .: i ' te 9 I1111� A.E rti 404 ..,...,..z.., . 4..:. ,#...,_ LANDFILL LATERAL EXPANSION - Brechan Enterprises is currently at work on Phase II of the Landfill , Lateral Expansion project, constructing a new fully-lined landfill cell with leachate collection system. All blasting and excavation for the new cell is complete, and Brechan will start installing the j '`,,,, ' ""` Fr` ' S, . high-density polyethylene leachate liner in July. Phase Ill of then "° w"'�naw.., r project will be construction of a new waste water treatment plant' me` ="' for leachate. Phase Ill was advertised for bid on May 17 and bids were opened on June 27. Staff is currently negotiating with the bidders to agree on a final construction cost for Phase III. Two items for Phase Ill that have long lead times have already been ordered in order to stay on schedule; the pre- manufactured metal building that will house the new treatment plant and the Membrane Bioreactor System (MBR), the main piece of treatment equipment. The complete Phase Ill scope of work is to erect the metal building and install the MBR and all other equipment necessary for operation of the treatment plant. Phase Ill work is scheduled to begin this summer and be complete by summer 2014. KODIAK LONG TERM CARE FACILITY Davis Constructors & Engineers began work in March and is pursuing an aggressive schedule to complete the work prior to the March 2014 deadline. The concrete floor slab was completed by the end of May, and wall framing completed June 27. Roof framing is currently underway and interior plumbing and electrical work is just beginning. ...).2,.-, l� `f y !: `..,3 li .J y LARSEN BAY SCHOOL ROOF REPLACEMENT This project consists of replacing the roof membrane at the Larsen Bay School. The roof is failing badly and any continued ,.,,, . ` neglect would result in considerable damage to the school �'x, '"r"'" s; ° ==`.-"' c interior. The Assembly approved a contract for Rain Proof --:,.. , Roofing of Anchorage on June 6. A pre-construction °^--±"--.--- conference was held at the site on June 12. Rain Proof Roofing =>. is currently mobilizing and work on the roof is scheduled to «t start by the end of July. KARLUK SCHOOL OIL TANK REPLACEMENT This project is an EPA/ADEC mandated decommissioning of four underground oil tanks and installation of one new aboveground oil tank for the Karluk School. The Assembly approved a contract -,— --- r for Red Hook Construction of Kodiak on June 6. A pre- construction conference was held at the site on June 12. The new aboveground oil tank was delivered to Kodiak on June 14, Aand Red Hook is currently shipping the tank and other materials" � , ,� to Karluk. Construction is scheduled to begin by the middle of, • c.r�a...... `. � . T : t- iA-..` Project Status Report 130702 Page 2 July. The project needs to be completed prior to September 30, 2013 to satisfy the EPA/ADEC. KODIAK MIDDLE SCHOOL CONCRETE REPAIRS PHASE II This project is the final project to be completed from the 2004 GO Bond Issue. The scope consists of repairs to concrete walls and walkways surrounding Kodiak Middle School. The project was advertised for bid on March 25 and bids were opened on May 10. There were no bidders, and staff is currently evaluating possible options with the Alaska Department of Education and Early Development to complete this project this summer. NORTH STAR ELEMENTARY CANOPY REMODEL This project consists of re-coating the existing bus shelter canopies in front of the school which are badly rusted. The Assembly p7 1 % . --r approved a contract for Wolverine Supply of Wasilla on June 20 jr`" 1, , Work on the canopy is scheduled to start by the end of July. ' H 1* NORTH STAR ELEMENTRY PAINTING AND SIDING REPLACEMENT _ , - W.-41 This project consists of repair and replacement of portions of the exterior siding and painting of the school exterior. The project was advertised for bid on May 28 and bids were opened on June 18. The low bidder was Wolverine Supply of Wasilla, and staff has forwarded a contract to the Assembly for approval at the July 2 meeting. Project Status Report 130702 Page 3 Kodiak Island Borough Engineering & Facilities Department Projects Office iyyy t 710 Mill Bay Road tO'G' ..' Kodiak, Alaska 99615 "'rr Phone (907) 486-9210 Fax (907) 486-9347 Date: July 3, 2013 To: Bud Cassidy, Borough Manager Bill Roberts,Acting Official Woody Koning, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders—June 2013 Below is a summary of approved change orders for capital projects for June 2013: Kodiak High School Addition and Renovation Watterson Construction Company—Contract No. 2013-24 Change Order#3 -($82,000.00) Substitute lead calcium (SLC)batteries in lieu of NiCad batteries installed in Emergency Power System I and 2 Change Order#4-$18,551.00 Additional excavation to place footing under previously unidentified existing conduit. Change Order#5 -$4,625.00 1) Increase bottom sill from 2"to 6" for-60 hollow metal door frames with relites that sit on floor to match windows-$1,797.00 2) Replace existing hollow metal door and frame in training room CO21 -$2,828.00 Landfill Lateral Expansion CH2M Hill—Contract No.2007-22 Change Order#17- $25,900.00 I) Design of restroom at leachate treatment building-$5,900.00 2) Develop performance specification for bulk chemical storage tanks-$20,000.00 Kodiak Long Term Care Facility Architects Alaska—Contract No. 201 1-33 Change Order#3 -$2,317.00 Cost to replace cast iron boilers with fire tube boilers, including modifications to boiler room and required mechanical changes. Davis Constructors&Engineers,Inc.—Contract No. 2013-11 Please note:All change orders for Davis Constructors are$0 increase to contract amount. Amounts shown are being covered by savings in the GMP contract. Change Order#4 - $0.00 t) Provide and install geotextile fabric under entire building slab-$6,549.00 2) Provide and install piped drainage system for outdoor patios -$6,880.00 Change Order#5 -$0.00 1) Savings to provide vinyl siding in lieu of cementitious siding-($4,691.00) 2) Upgrade interior and exterior door package- $66,643.00 3) Provide and install doors to sunrooms (024 and 124)-$5,907.00 Change Orders-June 2013 Page 2 Kodiak Island Borough Assembly Regular Meeting Guidelines July 18, 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 Sergeant Major Dave Blacketer 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 Mayor Selby who is attending the National Association of Counties annual conference in Fort Worth, Texas and Assembly members Austerman, Griffin, and Stutes who are 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: * Regular Meeting Minutes of June 6 and June 20, 2013. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of June 6 and June 20, 2013. 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 is 486-3231; Toll Free is 1-855- 492-9202. Kodiak Island Borough Assembly Guidelines July 18, 2013 Page 1 6. AWARDS AND PRESENTATIONS A. Longevity Award— Manager Cassidy • Karl Short, Finance Director, 30 years B. Employee of the Quarter Award — Manager Cassidy • Jack Maker, Code Enforcement Officer in the Community Development Department 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. FY2014-03 Submitting the Question of the Adoption of a Secondhand Smoke Control Ordinance to the Voters of the Borough at the October 1, 2013 Regular Municipal Election. Recommended motion: Move to adopt Ordinance No. FY2014-03. Staff Report— Manager Cassidy 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 MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGE FROM THE BOROUGH MAYOR (Deputy Presiding Officer Lynch) Continued on next page... Kodiak Island Borough Assembly Guidelines July 18, 2013 Page 2 12. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13- 020 Lash Corporation). Assembly member Bonney should be the maker of the motion. Any member of the Assembly may second the motion. Recommended motion: Move to reconsider the vote taken on Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020, Lash Corporation). Clerk's Note: Discussion is to focus STRICTLY on the reason to reconsider the vote. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION TO RECONSIDER. If the motion to reconsider fails, move to New Business. If the motion to reconsider passes with a majority vote, the motion to Move to adopt Ordinance No. FY2014-02 [Rezoning Lot 21 Seaview Subdivision From B- Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020 Lash Corporation)] is before the Assembly as if the original vote had not taken place. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Contracts — None. Continued on next page... Kodiak Island Borough Assembly Guidelines July 18, 2013 Page 3 B. Resolutions 1. Resolution No. FY2014-06 Authorizing the Manager to Execute a Sole Source Agreement with Watterson Construction Company to Perform Kodiak Middle School Concrete Repairs Phase II Project in the Form of a Change Order to Contract No. FY2013-24. Recommended motion: Move to adopt Resolution No. 2014-06. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract And Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To NU-Natural Use Lands (Case No. 13-027, Landfill). Recommended motion: Move to adopt Ordinance No. FY2014-04 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report— Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C-Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). Recommended motion: Move to adopt Ordinance No. FY2014-05 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report— Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 18, 2013 Page 4 3. Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB-Retail Business Zoning District To B-Business Zoning District (Case No. 13- 029, Marine Center). Recommended motion: Move to adopt Ordinance No. FY2014-06 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report— Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. Ordinance No. FY2014-01A Amending Ordinance No. FY2014-01 by Amending Budgets to Provide for Various Additional Expenditures and to Budget for a Coastal Impact Assistance Program (CIAP) Grant. Recommended motion: Move to adopt Ordinance No. FY2014-01A in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report— Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Other Items 1. Review and Approval of Fire Protection Area No. 1 Board's Volunteer Stipend Policy and Length of Service and Special Award Policy. Recommended motion: Move to approve the Fire Protection Area No. 1 Board's Volunteer Stipend policy and Length of Service and Special Award policy. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 18, 2013 Page 5 2. Per KIBC 12.15, Granting Approval to Start the Process for Naming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center. Recommended motion: Move to grant approval to start the process for naming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center and direct the Clerk to advertise for the vacancies to the five-member citizen panel. OR Recommended motion: Move to grant approval to start the process for naming the Bayside Fire Training Center to Earl Smith, Jr. Memorial Fire Training Center and appoint the Fire Protection Area No. 1 Board to serve as the five member citizen panel. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Accepting a State Grant in the Amount of $4,529,000 for the Landfill Leachate Treatment Plant and Related Phase Ill Improvements. Recommended motion: Move to authorize the Manager to accept a The State of Alaska FY2014 Designated Legislative Grant in the Amount of $4,529,000 for the Landfill Leachate Treatment Plant and Related Phase III Improvements. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 14. 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 Kodiak Island Borough Assembly Guidelines July 18, 2013 Page 6 I KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I Regular �/ Special Date: ��ri it�y0 f Convened: I vO e'o . Recessed: Reconvened: Adjourned: ' BY: BY: IS 49 BY: % (,�� n , BY: <o ) BY: t SECOND: SECOND: SECOND: �I{ _" "l , SECOND: V 1 wkoilvi SECOND: / / il-a P S'Idef ►� Or ikrki MilI Sc Sm NJ T1 ,900 -ea YES . NO YES NO YES NO 'YES NO YES NO Ms. Austerman , / M . e Ms. Austerma Ms. Austerma • . - • terma / V `-' V Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney .; ✓ Mr. Bonney Mr. Griffin V r. Gr... v r. ••'. Itil Gri ffin ra�_�- Mr. Kaplan %.. . Mr. Kaplan Mr. Kaplan Mr. Kaplan V Mr. Kaplan Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch ✓ Ms. Lynch .bp ,' Mr. Stephens 1` Mr. Stephens Mr. Stephens Mr. Stephens V Mr. Stephens Ms. Stutes ✓ s tut-: us. Stute M - • - . u e- . CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE TOTAL: TOTAL: TOTAL: TOTAL: 0 4 TOTAL: 1 3 The mayor may not vot except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayo2lbv Ma or y Mayor Selb Mayo Iby • Motions required for 2/3 vote to carry. 7 pre ent requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 - Reconsideration on the same day, suspension of rules, limit ot6xtend debate, previous question • Majority votes is majority of the membership (quorum). Point of Order and Recess. / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET ` tom' �, n Regular / Special Date: Oil 11 i a(DI./ Convened: Recessed: / Reconvened: Adjourned: _ BY: .5tri�A ,(k BY: �j (Q�Y V BY: ftr 1 BY: WBY: (r SECOND: 1JI1w `�J(�/\J SECOND: ton SECOND: 4 SECOND: SECOND: V a4(04.___- `� ^ Vek . No Ord, Rb • era . vo , trip / / ,;) 1 1 / b,014-04 W MO Madw -o1° a01,C/Ole YES NO YES NO YES NO YES NO YES NO • s A : •r . ii . a . term.• , • terN n uster Ms er Mr. Bonney Mr. Bonney V Mr. Bonney ' V Mr. Bonney V Mr. Bonney M Gr'•' Gruff- Y . Gri . Gri . GriffiRWL Mr. Kaplan Mr. Kaplan Mr. Kaplan Mr. Kaplan , -V/. Mr. Kaplan ✓ Ms. Lynch s Mr. Stephens Mr. St phens Mr. Stephens ✓ Mr. Stephens V Mr. Stephens V St es �.\Ms. -s -S I' . -s V Stut . CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?i TOTAL: TOTAL: 3 TOTAL: 4 V TOTAL: /I D TOTAL: 4 0 The mayor ay not vote except in the case where only six members of the asse bl are present and there is a t`hrree/three tie vote of the assembly. yo ilby M. for •elb Ma • : by Ma • ` e : • Ma • 'elbytf\_.„ • KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 7 q` r Regular Special Date: t/�/! 1/ t & DL3 0 Convened: Recessed: Reconvened: Adjourned: / BY: . S, 'I 5.7 L. BY: 3O1 `IJJ6 BY: C� { )�V C , BY: 'v BY: / /J, „ SECOND: 11 SECOND: U SECOND: i SECOND SECOND ll••w� VV sixelLirky (iGire. 03 , RSA,011(1 4-e-9--iii, m9,0,--\ Dk.ke PCIC(ArAL ,Nt ll'M 1/4-' YES NO YES NO - YES NO - YES NO YES NO oi'. A t=rm• - r--s10 "—i vs. A . -an ' Mr. Bonney Mr. Bonney Mr. Bonney Mr. Bonney AGriA ■ PArgL _ .Sli� as ' iika jl.1 Mr. Kaplan Mr. Kaplan Mr. Kaplan it Mr. Kaplan Mr. Kaplan Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch ■., Ms. Lynch Mr. Stephens ►, Mr. Stephens Mr. Stephens Mr. Stephens Mr. Stephens St e• ' /, -s r1nr 1 's. . 1r CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?I TOTAL: 0 TOTAL: TOTAL: j O TOTAL: 0 TOTAL: � . The mayor ma not vote except in the case whe - only six members of the assembly are present and there is a three/thr-• tie vote - e assembly. _ Ma� Se Selby /",M�y(5 Selb M. •r .el. i -yor Se .y �� • Motions required for 2/3 vote to carry. 7 present requires 5; 6 pprre ennt requires ; -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 REGULAR MEETING Regular Meeting of Jkt 8� do/3 Please PRINT your name Please PRINT your e r,llav �\ wr s; v1S Q� C .,�� �A� C\\\\ .\N `772, ,C{L, c-\\ Q417,/- 42-v,45A—e/%- ALA,' F,4;99 \\) C 'Merl,k VPin