FY2014-15 Altering the Boundary of Womens Bay Service Area 1
2 Introduced by: Borough Manager
Requested by: Resource Management Officer
3 Drafted by: Resource Management Officer
4 Introduced: 03/20/2014
5 Public Hearing: 04/03/2014
6 Adopted 04/03/2014
7
8 KODIAK ISLAND BOROUGH
9 ORDINANCE NO. FY2014-15
I0
11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
12 ALTERING THE BOUNDARY OF WOMENS BAY SERVICE AREA BY
13 ANNEXATION OF THE AREA COMPRISING PROPOSED LOTS 1 AND 2 OF
14 KASHEVAROF HEIGHTS SUBDIVISION, A PORTION OF LOT 1, U.S.
15 SURVEY 2539, AS WELL AS THE PROPOSED PANAMAROFF CREEK
16 DRIVE RIGHT OF WAY EXTENSION AND SERVICE ROAD AS
17 ILLUSTRATED IN EXHIBIT A
18
19 WHEREAS, the Womens Bay Service Area for road services and fire protection was
20 established in 1975 by Ordinance No. 75-26-0 and amended by Ordinance No. 85-23-0; and
21
22 WHEREAS, KIBC 4.05.020 directs that the altering of a service shall be initiated by petition or
23 by the assembly; and
24
25 WHEREAS, it remains for the Assembly to alter the service area by introduction of an
26 ordinance as further directed by KIBC 4.05.040 since, in this case, there are no voters to initiate
27 a petition residing within the annexation area affected by the proposed alteration; and
28
29 WHEREAS, an election is required under KIBC 4.05.060 only if the Assembly, taking into
30 consideration the effect on the level of service and cost of service throughout the existing
31 service area, finds that the entire existing service area is affected by the proposed alteration;
32 and
33
34 WHEREAS, a letter of support from the Womens Bay Service Area Board dated February 14,
35 2014, demonstrates that annexation of the 3.7 acres will benefit the existing Service Area; and
36
37 WHEREAS, AS 29.35.450.c, requiring an election, does not apply under subsection c.3 since
38 the only access to proposed Kashevarof Heights Subdivision is by roads already maintained by
39 the Service Area and improvement of the extended right-of-way is required as a condition of plat
40 approval; and
41
42 WHEREAS, the alteration of the boundary of the Womens Bay Service Area by annexation is
43 consistent with the standards for Assembly action described in KIBC 4.05.050:
44 1. the extension of the Panamaroff Creek Drive right-of-way by approximately 200 feet, and
45 required road improvements, will provide for access and fire protection to the two lots
46 being created;
47 2. the Borough Assessor has estimated a value of$60,000 for each of proposed Lots 1 and
48 2 of Kashaverof Heights Subdivision, which is the taxable property within the annexation
49 area;
50 3. this alteration will maintain the cohesiveness of the community consistent with the
51 predominately large-lot, rural residential character of the Womens Bay area; and
Kodiak Island Borough, Alaska Ordinance No. FY2014-15
Page 1 of 2
52 4. proposed Lots 1 and 2 will be assessed the service area tax so that future property
53 owners will contribute to road maintenance and fire protection for the entire service area.
54
55 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
56 BOROUGH THAT:
57
58 Section 1: This ordinance is of a general and permanent nature and shall become a part of
59 the Kodiak Island Borough Code of Ordinances.
60
61 Section 2: The boundary of Womens Bay Service Area will be altered by addition of the 3.7
62 areas described in Exhibit A (attached) comprising proposed Lots 1 and 2 of
63 proposed Kashevarof Heights Subdivision, including the Panamaroff Creek Drive
64 right-of-way extension and access service road, as granted preliminary plat
65 approval by the Planning and Zoning Commission (Case S13-023).
66
67 Section 3: This alteration of the boundary of the Womens Bay Service Area by annexation
68 will not affect the level of service and cost of service throughout the existing
69 service area, and will benefit the service area by enlarging its tax base.
70
71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
72 THIS THIRD DAY OF APRIL, 2014
73
74
75 KODIAK ISLAND BOROUGH
76
77
78
79 rrol Frie orough Mayor
80
81 ATTEST:
82
83 '
84
85 Nova M. Javier, MMC, B ough Clerk
Kodiak Island Borough, Alaska Ordinance No, FY2014-15
Page 2 of 2
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Ordinance No.FY2014-15 EXHIBIT A