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2014-09-18 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 18, 2014, 7:30 p.m., Assembly Chambers Page 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 6. AWARDS AND PRESENTATIONS A. Providence Kodiak Island Medical Center Update - Hospital Administrator Don Rush 4 B. Childhood Cancer Awareness Week Proclamation Childhood Cancer Awareness Week 2014.pdf 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 5 - 18 A. Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 By Amending Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, Section 2.30.080 Decorum in Debate, and Section 2.30.090 Citizens Rights. Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 - Pdf 10. BOROUGH MANAGER'S REPORT Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and PublicP itr0f 451 Numbers: Toll Free (855) 492-9202 and Local 486-3231. 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 1S -43 1. Resolution No. 10A5'81H Amending Resolution No. 1995-01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendments to Various Categories, Retention Schedules, and Records Series. Resolution No. 1995-01H Amendinq Various Records Retention Schedules - Pdf 44 ' 52 2. Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak Island Borough. Resolution No. FY2O1 5-02 ReestablishinQ the Fees for the Kodiak Island Borouqh. - Pdf 53 ' 91 3. Resolution No. FY2015-09 Accepting the Recommendation of the Planning and Zoning Commission Approving the Disposal of Lots 11 14. Block 4, and a ± 29.979 Square Foot Portion of Tract R-2, Killarney Hills Subdivision, Comprising Approximately 1.6 Acres of Borough land, as Land Surplus to the Public's Need, and Subject to Disposal at Fair Market Value (P&Z Case 14-022). Resolution No. FY2015-09 Land Disposal - Killarnev Hill Subdivision 14-022 - Pdf S2 - 127 4. Resolution No. FY2D15'11 Adopting a Capital Improvement ta Projects Priority List for the 2015 State Legislative Session Resolution No. FY2O15'11 State C|P List Correc1ed.pdf Resolution No. FY2015-11 Adopting a Capital Improvement Projects Priority List for the 2015 State Leciislative Session. - Pdf 13.C. Ordinances for Introduction 128 ' 375 1. Ordinance No. FY2015-04 Amending the 2008 Comprehensive yS Land Use Plan to Change the Future Land Use Designation of Lot 1 Alagnak Acres From Urban Residentia to Commercial Business (Case No. 04-14). Ordinance No. FY2U15'O4 Case No. 14-014 Attachments - Pdf Ordinance No. FY2015'04 Case No. 14-014 &1inutes.pdf Ordinance No. FY2015-04 Case No. 14-014 Minutes2 - corrected.pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens Comments and PublicPivf 451 Numbers: Toll Free (U55) 49%'8ZV2 and Local 488'3231 376 - 393 2. Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 of the Kodiak Island Borough Code to Implement the Alaska Uniform Citation Procedure for Certain Violations of Borough Code. Ordinance No. FY 2015-06 - Pdf 13.D. Other Items 394 -439 1. Approval of a Vacation of a Portion of a Fifty (50) Foot Wide Road and Utility Easement on Tract A, Raven Hills Subdivision. Approval of a Vacation of a Portion of a Fifty (50) Foot Wide Road and Utility Easement on Tract A, Raven Hills Subdivision. - Pdf 440 2. Approval of the October 7, 2014 Regular Municipal Election Workers. Municipal Election Workers - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 441 - 451 1. Bay View Road Service Area Board, August 22, 2014; Fire Protection Area No. 1 Board, March 18, 2014; Parks and Recreation Committee, March 25, 2014. Regular Meeting Minutes of Other Boards.pdf 17.B. Reports 1. Kodiak Island Borough School District Board of Education Special Meeting Summary of August 4, 2014. Board of Education Summary 8-4-14.pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public9at f 451 Numbers: Toll Free (855) 492-9202 and Local 486-3231. AGENDA ITEM #6.B. C ,4_ : p. �'� �^' �° tip. 1 Office nfthe cWgor i t, �5, r C alak erlund Caraugh, Alaska- !tE;,4 c,. is rodra atfon its , * tt L DECLARING SEPTEMBER 28TH-OCTOBER 4TH,2014 AS "�/ CHILDHOOD CANCER AWARENESS WEEK ;L ''- 1 WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection report cancer rtl"_"°IA,' I is the leading cause of death by disease among U.S. children between infancy and age 15. This �`� °�`, ' .L I: tragic disease is detected in more than 15,000 of our country's young people each and every year; 'ItVj and t 'V 3V LI WHEREAS, one in five of our nation's children loses his or her battle with cancer. Many infants, Y I , 1) children and teens will suffer from long-term effects of comprehensive treatment, including 1 s•-. 'J secondary cancers;and , , ..„"tr, -1 WHEREAS, founded over twenty years ago by Steven Firestein, a member of the philanthropic q R{„ I,f�. }r Max Factor family,the American Cancer Fund for Children, Inc. and Kids Cancer Connection, Inc. 1, are dedicated to helping these children and their families;and l '�, ir, # WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection provide a it I l c I variety of vital patient psychosocial services to children undergoing cancer treatment at Providence µ , 1 Alaska Medical Center in Anchorage, as well as participating hospitals throughout the country, , 7 ; c. 111,1, thereby enhancing the quality of life for these children and their families;and :;r t/ WHEREAS, the American Cancer Fund for Children and Kids Cancer Connection also sponsor ,tt`�/ r k Courageous Kid Recognition Award ceremonies and hospital celebrations in honor of a child's 6`� r, %{ determination and bravery to fight the battle against childhood cancer. 1 'I }ii 1, c4 ' f�;-' 1 NOW, THEREFORE, I, Jerrol Friend, Mayor of the Kodiak Island Borough, do hereby proclaim » to / e 1 September 28th through October 4th,2014,as"Childhood Cancer Awareness Week." (k/4 •1 it t, On miliresr�rlarrol��hm�h�r�nite re/my !tt • s i FA/ f 1 410 ccern/and ague this rem la be ffert/ • ' ln.r 1�, ) A 'V ta , .„4), Page 4 of 451 Childhood Cancer Awareness Week Proclamation AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT et A*o�i SEPTEMBER 18, 2014 r�'- r , r ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 By Amending Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, Section 2.30.080 Decorum in Debate, and Section 2.30.090 Citizens Rights. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This ordinance was requested by Assembly member Tuck Bonney to rescind Ordinance No. FY2014-20 which was adopted on July 3, 2014. Kodiak Island Borough Code Section 2.30.070(N) states that the Assembly may amend, repeal, rescind, or reconsider an ordinance by enacting another ordinance. It also states in KIBC 2.30.070(Q)that a motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the same vote as that required to pass the previously adopted action (majority vote). There shall be no more than one motion to rescind on a question. If the motion to rescind passes, the question on the main motion is automatically before the assembly for further action, including amendment. Please see additional information regarding amendments and previous notice in the packet. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2015-05. Kodiak Island Borough Page 5 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. Introduced by: Assembly member Tuck Bonney Requested by: Assen tly member Tuck Bonney Drafted by: Assembly member Tuck Bonney 2 and Borough Cleat Introduce : d 09/04/2014 3 Public Hearing, 09/182014 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2015-05 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH RESCINDING ORDINANCE NO. FY2014-20 BY 11 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 12 2.30 RULES OF THE ASSEMBLY, SECTION 2.30.080 DECORUM IN 13 DEBATE,AND SECTION 2.30.090 CITIZENS RIGHTS 14 IS WHEREAS, per KIBC 2.30.070(N), the Assembly may amend, repeal, rescind, or 16 reconsider an ordinance by enacting another ordinance;and 17 18 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 19 BOROUGH that: 20 21 Section 1: This ordinance is of a general and permanent nature and shall become a 22 part of the Kodiak Island Borough Code of Ordinances;and 23 24 Section 2: Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, 25 Section 2.30.080 Decorum in Debate, shall be amended as follows: 26 27 A. Decorum in Debate. Whet) n any assembly,member is about to speak in debate or 28 deliver,any;hatter to the assembly,he shall address himself to the chair and,being 29 recognized, confine-himself to the question under debate. No assembly member 30 shall impugn the motive 6f any assembly member's vote or argument and shall 31 avoid personalities. 33 person's remarks- . - ;.- .. .. •• .c•;'••.... . 37 insulting-threatenMgar`ar.. .. . . . . ._. .W-perfowwh4a- eakie -ehal 38 avoid-persenahtie., .• .. . ..•• .•.-. ..• . ;cFSen-:Task--e�-quesF+en-tNe 39 motives of aaother-person. •- -•- .. '•...-:'. ;. a .•.' • - - • 40 persea-violating ;o.. .•- '• :-.. - .•- - - -• c;x itien. An assembly member 41 who is speaking may not be interrupted to make a motion, even one with high 42 priority like the motion to adjourn. 43 44 B. Order of Speaking. 45 46 1. The manager. a delegate to the assembly, or any assembly member,when desiring to 47 speak at an assembly meeting, shall respectfully address the chair and shall refrain from 48 speaking until recognized. Kodiak Island Borough,Alaska Ordinance No.FY2015-05 Page 1 of 3 Page 6 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. 49 50 2. When two or more persons request recognition at the same time, the chair shall 51 determine which one shall speak first. 52 5 3 2-An-assembly-member.. •: - _:__ _ •: :: '• :rcupt , 55 56 C. Point of Order. If any assembly member, in speaking or otherwise,transgresses prepec 57 deserura-er the rules of the assembly, the chair shall call him to order, or any other 58 assembly member may rise to a point of order.The assembly member called to order shall 59 immediately cease speaking and cease the action to which he was called to order. The 60 chair or assembly member rising to point of order shall state'the offense committed and 61 the assembly member called to order shall then be,head"in explanation or justification. 62 The chair shall then rule on the point of order. Any assembly member may challenge a 63 ruling of the chair and, if duly seconded,the chair's ruling'shail not stand unless affirmed 64 by a majority vote of the assembly. 65 66 D. Private Conversations.When an assembly:member is speaking0the assembly shall be 67 in order and no private conversations shall be carried on, 68 / 69 E. Recognition to Speak. No assembly member shall be recognized to speak the same 70 question a second time until every assembly member choosing to speak has spoken 71 except the mover of the question,.who may open and 'close the debate. The chair may 72 take part in the discussion of any matter before the assembly. 73 74 The chair may recognize a citizen to address the assembly upon request of an assembly 75 member, unless objected'to by two or more assembly members. Remarks by a citizen so 76 recognized may relate only to a question before the body 77 decorum. 78 79 Section 3: Title 2 Administration and Personnel,,Chapter 2.30 Rules of the Assembly, 2. 80 Section 30.090.,Cilizens Rights shalt be amended as follows: 81 ' • 82 2.30.090 Citizens'rights. 83 • 84 A. Addressing the Assembly. Any person desiring to address the assembly shall first 85 secure the perriiission of the chair. However, under the following headings of business. 86 unless the chair rules otherwise, any qualified person may address the assembly without 87 securing such prior permission:citizens'comments, public hearing, 88 89 B. Written Communications. Interested parties or their authorized representatives may 90 address the assembly by written communication in regard to matters then under 91 discussion.Written items bearing a request that they be read into the record shall be read 92 aloud by the clerk or designated assembly person. 93 94 C. Addressing the Assembly After Motion Made. After a motion is made by the assembly, 95 no person shall address the assembly without first securing the permission of the 96 assembly to do so. 97 Kodiak Island Borough,Alaska Ordinance No.FY2015-05 Page 2 of 3 Page 7 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. 98 D. Manner of Addressing the Assembly - Time Limit. Each person addressing the 99 assembly shall step up to the microphone, give his name in an audible tone of voice for 00 the record and. unless further time is granted by the assembly, shall limit his address to 01 three minutes. All remarks shall be addressed to the assembly as a body and not to any 02 member thereof. No person, other than the assembly and the person having the floor, 03 shall be permitted to enter into any discussion, either directly or through the members of 04 the assembly, without the permission of the chair. No questions shall be asked of the 05 assembly except through the chair. 06 09 atmesphere-iree n . . ._ 0 : : .• -_ :- .:•, n...-. - ._. .: _- _. .., a .e.- _..- - .._. I - -- -. - . _ - _ . . . _- __ ,•:• -no circumstances can a 2 person attack or : :. ':. .-: --- -- - •- •- :: .6..,'. •• •• :_ _ a8-a- 4 or a member if the assembly may rice to a point of order. TM-p' - ----:- -- - 5 erder-s44af-insmediate4ycea • - -- - .. -- ':. . ._ - 6 a a- -- • ' a .:••: •---•:- t • of-order-shall state the offence 8 challongo a ruling-of-the •-. -•°. ' :. - .. . .. ; -1 .-,. ' ..,-,.•. 9 20 21 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 122 THIS 'DAY OF , 2014 123 124 125 KODIAK ISLAND BOROUGH 126 127 128 129 ATTEST: Jerrol Friend, Borough Mayor 130 131 132 133 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Ordinance No.FY2015-05 Page 3 of 3 Page 8 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. • 1 2 Introduced by, Assembly Member ran Requested by: Assembly Members 3 ,(f[( '�,Q seAu:Menden&troth 4 Drafted by: Clerk/Assembly member 5 W�/ �144//�+� AustennanlBorough Attorney 6 � Introduced: 06 /1912014 Public Hearng'. 071032014 7 Adopted 07/03/2014 8 9 KODIAK ISLAND BOROUGH 0 ORDINANCE NO. FY2014.20 2 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 3 AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL CHAPTER 2.30 4 RULES OF THE ASSEMBLY SECTION 2.30.080 DECORUM IN DEBATE 5 SECTION 2.30.090 CITIZENS'RIGHTS 6 7 WHEREAS, KIBC 2.30.020(0)Rules of Order"Robert's Rules of Order Current Edition'shall 8 govern the proceedings of the assembly in all cases,unless they are in conflict with these rules; 9 and 20 21 WHEREAS, KIBC 2.30.080 states proper Assembly decorum during debate and Roberts 22 Rules of Order(RRO), Article 7, Section 43, Decorum in Debate suggests that practices and 23 customs should be observed by speakers and members In an assembly to assist the carrying 24 on of debate in a smooth and orderly manner;and 25 26 WHEREAS, KIBC 2.30,090 states the manner in which the citizens could address the 27 assembly and Alaska Statutes 44.62.310 states that the governing body shall provide 28 reasonable opportunity for the public to be heard. "Reasonable opportunity" means that 29 reasonable restrictions are allowed such as time limits and decorum rules;and 30 31 WHEREAS, the right to free speech must be protected while maintaining proper decorum 32 avoiding libel and slander. Every person shall be allowed to state their positions in an 33 atmosphere free of slander,libel,and threats of violence. Every person should be referred to in 34 a respectful manner confining remarks to the merits of the pending questions avoiding 35 personalities. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 38 BOROUGH THAT: 39 40 Section 1: This ordinance is of a general and permanent nature and shall become a part of 41 the Kodiak Island Borough Code of Ordinances;and 42 43 Section 2: Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, 44 Section 2,30.080 Decorum in Debate shall be amended as follows: 45 46 A. Decorum in Debate. • - .- ..;..-: '. -1_ • . .;::-k-114-dehata-taF-deliker-aRY 50 Kodiak Island Borough,Alaska Ordinance No,FY2014-20 Page 1 of 3 Page 9 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. 51 52 Assembly meetings shall be conducted in a courteous and respectful manner.In debate, 53 a person's remarks must have bearing on whether the pending motion should be 54 adopted and should be germane to the question before the assembly. Citizens and 55 Assembly members will be allowed to state their positions in an atmosphere free of 56 slander and threats of violence. Every person shall avoid the use of profanities, 57 personally offensive,insulting,threatening,or abusive remarks at all times.Every person 58 while speaking shall avoid personalities, and under no circumstances can a person 59 attack or question the motives of another person. The chair must act immediately and 60 decisively to correct any person violating decorum In debate and prevent its repetition. 62 NSh-pr. . 63 64 B.Order of Speaking. 65 66 1.The manager,a delegate to the assembly,or any assembly member,when desiring to speak 67 at an assembly meeting,shall respectfully address the chair and shall refrain from speaking until 68 recognized. 69 70 2.When two or more persons request recognition at the same time, the chair shall determine 71 which one shall speak first. 72 73 3. An assembly member who is speaking may not be Interrupted to make a motion,even 74 one with high priority like the motion to adjourn. 75 76 C. Point of Order. If any assembly member, in speaking or otherwise, transgresses proper 77 decorum or the rules of the assembly,the chair shall call him to order,or any other assembly 78 member may rise to a point of order.The assembly member called to order shall immediately 79 cease speaking and cease the action to which he was called to order.The chair or assembly 80 member rising to point of order shall state the offense committed and the assembly member 81 called to order shall then be heard in explanation or justification.The chair shall then rule on the 82 point of order.Any assembly member may challenge a ruling of the chair and,if duly seconded, 83 the chair's ruling shall not stand unless affirmed by a majority vote of the assembly. 84 85 D. Private Conversations.When an assembly member is speaking, the assembly shall be in 86 order and no private conversations shall be carried on. 87 88 E. Recognition to Speak. No assembly member shall be recognized to speak on the same 89 question a second time until every assembly member choosing to speak has spoken except the 90 mover of the question, who may open and close the debate. The chair may take pan in the 91 discussion of any matter before the assembly. 92 93 The chair may recognize a citizen to address the assembly upon request of an assembly 94 member, unless objected to by two or more assembly members. Remarks by a citizen so 95 recognized may relate only to a question before the body and shall observe proper decorum. 96 97 Section 3:Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, Section 98 2.30.080 Decorum in Debate shall be amended as follows: 99 100 2.30.090 Citizens'rights. 101 Kodiak Island Borough,Alaska Ordinance No.FY2014-20 Page 2 of 3 Page 10 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. 02 A.Addressing the Assembly.Any person desiring to address the assembly shall first secure the 03 permission of the chair. However, under the following headings of business, unless the chair 04 rules otherwise, any qualified person may address the assembly without securing such prior 05 permission:citizens'comments,public hearing. 06 07 8.Written Communications. Interested parties or their authorized representatives may address 08 the assembly by written communication in regard to matters then under discussion. Written 09 items bearing a request that they be read into the record shall be read aloud by the clerk or 0 designated assembly person. 1 2 C. Addressing the Assembly After Motion Made. After a motion is made by the assembly, no 3 person shall address the assembly without first securing the permission of the assembly to do 4 so. 5 6 D. Manner of Addressing the Assembly— Time Limit, Each person addressing the assembly 7 shall step up to the microphone, give his name in an audible tone of voice for the record and, 8 unless further time is granted by the assembly, shall limit his address to three minutes. All 9 remarks shall be addressed to the assembly as a body and not to any member thereof. No 20 person,other than the assembly and the person having the floor,shall be permitted to enter into 21 any discussion,either directly or through the members of the assembly,without the permission 22 of the chair.No questions shall be asked of the assembly except through the chair. 23 24 E. Public decorum.Assembly meetings shall be conducted in a courteous and respectful 25 manner. Citizens will be allowed to state their positions during public meetings to an 26 atmosphere free of slander and threats of violence. Every person shall avoid the use of 27 profanities, personally offensive, Insulting,threatening, or abusive remarks at all times. 28 Every person while speaking shall avoid personalities,and under no circumstances can 29 a person attack or question the motives of another person. The chair must act 30 immediately and decisively to correct any person violating decorum in debate and 31 prevent its repetition or a member of the assembly may rise to a point of order. The 32 public member called to order shall immediately cease speaking and cease the action to 33 which he was called to order.The chair or assembly member rising to point of order shall 34 state the offense committed. The chair shall then rule on the point of order. Any 35 assembly member may challenge a ruling of the chair and, if duly seconded,the chair's 36 ruling shall not stand unless affirmed by a majority vote of the assembly. 37 38 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 39 THIS THIRD DAY OF JULY,2014 KODIAK ISLAND OUCH 'a• lint Frol Fnend,dough Mayor ATTEST: Ma/ Nova M,Javier,MMC, rough Clerk 140 Kodiak Island Borough,Alaska Ordinance No.FY2014-20 Page 3 of 3 Page 11 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. • 051 0 KODIAK ISLAND BOROUGH CODE 2.30,080 1. When the question could be reached by a or to regulate the rate charged by a public utility for / motion to reconsider; its services. `\ 2. When something has been done, as a C. An emergency ordinance is effective for 60 result of the vote on the main motion,that is impos- days.(Ord.03-06§2,2003.nF{o1rmerAlyr§2,17.0751. sible to undo or persons have otherwise reason- Wyri IS OF Oc Inr1 �� ably relied on the vote to their detriment (the 2.30.080 Debate. lN! 7V4v unexecuted part of an action, however, can be A. Decorum in Debate. When any assembly rescinded); member is about to speak in debate or deliver any 3. When the matter is in the nature of a con- matter to the assembly,he shall address himself to tract,and the other party has been informed of the the chair and,being recognized,confine himself to vole;or the question under debate.No assembly member 4. When a resignation has been acted upon, shall impugn the motive of any assembly member's or a person has been elected to or expelled from vote or argument and shall avoid personalities.An membership or office,and the person was present assembly member who is speaking may not be or has been officially notified of the action. interrupted to make a motion,even one with high' A motion to rescind may be made at any subse- priority like the motion to adjourn. quent assembly meeting and there is no time limit B. Order of Speaking. on when the motion can be made. A motion to 1. The manager,a delegate to the assembly, rescind shall not be renewed during the same or any assembly member,when desiring to speak meeting at which II was made,but it may be recon- at an assembly meeting,shall respectfully address sidered in the same manner as any other main the chair and shall refrain from speaking until rec- motion. ognized. A motion to rescind yields to all privileged,sub- 2. When two or more persons request recog- sidiary and incidental motions and it requires the ration at the same time,the chair shall determine same vote as that required to pass the previously which one shall speak first. adopted action.There shall be no more than one C. Point of Order.If any assembly member,in motion to rescind on a question. If the motion to 0.. speaking or otherwise, transgresses the rules of resdnd passes,the question on the main motion isir the assembly,the chair shall call him to order,or automatically before the assembly for further any other assembly member may rise to a point of action,including amendment.(Ord.FY2008-14§2, order,The assembly member called to order shall 2008;Ord. FY2008-13 §2, 2008; Ord, 03-06§2, immediately cease speaking and cease the action 2003;Ord.02-16§4,2002;Ord,98.02§4, 1998; to which he was called to order, The chair or Ord.90-48§3,1991;Ord 90-12§2,1990;Ord.87- assembly member rising to point of order shall 11-0§3,1987;Ord.86-13-0(A)§3,1986;Ord.79- state the offense committed and the assembly 11-0,1979.Formerly§2.17.0701. member called to order shall then be heard in explanation or justification, The chair shall then 2.30.075 Emergency ordinances. rule on the point of order,Any assembly member 'A. To meet a public emergency,the assembly may challenge a ruling of the chair and,if duly sec- may adopt an emergency ordinance effective on ended, the chair's ruling shall not stand unless adoption.Each emergency ordinance shall contain affirmed by a majority vote of the assembly. a finding by the assembly that an emergency exists D. Private Conversations,When an assembly and a statement of the facts upon which the finding member is speaking, the assembly shall be in is based. An emergency ordinance may be order and no private conversations shall be carried adopted,amended and adopted,or rejected at the on. meeting at which it is introduced. The affirmative E. Recognition to Speak.No assembly member vote of all members present,or the affirmative vote shall be recognized to speak on the same question of three-fourths of the total membership,whichever a second time until every assembly member is less,is required for adoption of an emergency choosing to speak has spoken except the mover of ordinance. The assembly shall print and make the question,who may open and close the debate, available copies of adopted emergency midi- The chair may take part In the discussion of any nances. matter before the assembly. B. An emergency ordinance may not be used to The chair may recognize a citizen to address the levy taxes,to grant,renew,or extend a franchise, assembly upon request of an assembly member, unless objected to by two or more assembly mem- 2-15 Page 12 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. 2.30.090 RULES OF THE ASSEMBLY hers. Remarks by a citizen so recognized may C. Recess.The chair may cat a recess not to relate only to a question before the body.(Ord.98- exceed 20 minutes at any time during a meeting to (� 02§4, 1998:Ord.85-13-0(A)§3, 1986:Ord.79- determine a rule of order or at the request of a 11-0,1979.Formerly§2,17.080). majority of the assembly. The chair may cat a recess at any time between items of business. 2.30.090 Citizens'rights. D. Seating Arrangement. Assembly members A. Addressing the Assembly.Any person desir- shall occupy the respective seats in the assembly ing to address the assembly shall first secure the chambers assigned them by the mayor. permission of the chair.However.under the follow- E. Compensation and Expenses. ing headings of business, unless the chair rules 1. Assembly members shalt receive$300.00 otherwise, any qualified person may address the per month.Assembly members may be included in assembly without securing such prior permission: the borough health and life insurance plan. citizens'comments,public hearing. 2. Expenses of assembly members, other B. Written Communications. Interested parties than transportation and per diem for approved or their authorized representatives may address travel,incurred because of borough activities may the assembly by written communication in regard be reimbursed by the borough only after approval to matters then under discussion. Written items by the assembly. bearing a request that they be read into the record F. Travel. shall be read aloud by the clerk or designated 1. Assembly members while traveling over- assembly person. night on official business will be advanced or reirn- C. Addressing the Assembly After Motion bursed per diem at the rate and under such Made.After a motion is made by the assembly,no conditions as are prescribed for other appointed person shall address the assembly without first officers and employees of the borough. securing the permission of the assembly to do so. 2. Travel shall be at the most economical D. Manner of Addressing the Assembly-Time fare possible. Limit.Each person addressing the assembly shall 3. Travel requests to the clerk shall be sub- step up to the microphone, give his name in an milled timely to avoid unnecessary staff overtime. audible tone of voice for the record and,unless fur- 4. Once travel arrangements are accepted ther time is granted by the assembly,shall limit his and confirmed by the assembly member,and tick- address to three minutes. All remarks shall be ets are purchased, any changes and additional addressed to the assembly as a body and not to fees shall be the assembly member's responsibility any member thereof. No person, other than the except: assembly and the person having the floor,shall be a. When travel arrangements are permitted to enter into any discussion, either changed for borough business:or directly or through the members of the assembly, b. When travel arrangements are without the permission of the chair.No questions changed for a family-related emergency. shall be asked of the assembly except through the i. Interim financial assistance may be chair.[Ord.03-08§2,2003:Ord.98-02§4,1998; provided by the borough:however,reimbursement Ord. 86-13-0(A) §3, 1986; Ord, 79-11-0, 1979. of the assistance shall be subject to assembly Formerly§2.17.090]. approval. c. If travel arrangements are changed for 2.30.100 Miscellaneous, personal reasons, other than a family-related A. Suspension of Rules.The standing rules or emergency, additional fees shall not be reim- the order of business established by the assembly bursed. may be suspended by a two-thirds vote to which 5. An assembly member traveling on bor- the assembly is entitled. ought business who is stranded from Kodiak due to B. Assembly Chambers.The assembly chain- inclement weather or other adverse conditions will bers shall be under the supervision and control of be reimbursed the appropriate per diem and any the clerk when the assembly is not in session. It reasonable necessary expenses incurred. shall be used solely for the transaction of public a. If an assembly member shortens or business of the borough or,as authorized,within extends their originally scheduled travel time in any the intent of assembly policy on the use of the way for borough business and becomes stranded, assembly chambers. reimbursement of the appropriate per diem and 2-16 Page 13 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. KIBC 2.30.070(N)The Assembly may amend, repeal, rescind or reconsider an ordinance by enacting another ordinance(K1BG 2.30.070(N)). RESCINDING(KIBC 2.30.070(0)). • A motion to rescind may be applied to any previously adopted ordinance, resolution,or action of the assembly except: 1.When the question could be reached by a motion to reconsider; 2.When something has been done, as a result of the vote on the main motion, that is impossible to undo or persons have otherwise reasonably relied on the vote to their detriment (the unexecuted pad of an action, however, can be rescinded); 3.When the matter is in the nature of a contract, and the other party has been informed of the vole;or 4.When a resignation has been acted upon,or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. A motion to rescind may be made at any subsequent assembly meeting and there is no time limit on when the motion can be made. A motion to rescind shall not be renewed during the same meeting at which it was made,but it may be reconsidered in the same manner as any other main notion. A motion to rescind yields to all privileged, subsidiary and incidental motions and it requires the same vote as that required to pass the previously adopted action. There shall be no more than one motion to rescind on a question. If the motion to rescind passes,the question on the main motion is automatically before the assembly for further action,including amendment. Note: Privileged motions do not relate to pending business. Deal with special matters of immediate and overriding importance. Subsidiary motions assist the body in treating or disposing of a main motion. Incidental motions deal with questions of procedure arising from a pending motion, etc. examples.Appeal,point of order, suspend the rules, parliamentary inquiry • Per Robert's Rules,RESCINDING is also known as repeat or annul.The effect of this motion is to strike out an entire main motion, resolution, order or rule, that has been adopted at some previous time. AMEND SOMETHING PREVIOUSLY ADOPTED(NO. REF.IN KIBC) • Per Robert's Rules,this is the motion that can be used if it Is desired to change only a part of the text,or to substitute a different version. • RECONSIDERATIONS(KIBC 2.30.070(P))—(Time limitations am in place) • 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 • 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..... Page 14 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. i___ ..._ Roberts toles of Order.fourth flits(biridged) 311 II ei'r", ; v This form of the motion to reconsider and have entered on the minutes differs from As' M4,11 the simple form to reconsider in the following respects: r 3.,dz x , (I)ft can he made only on the day the vote to he reconsidered is taken.If a meeting is y -r4? o, : held on the next day the simple form of the motion to reconsider,made then,accom• "`° fishes the object of this motion by bringing the question before the assembly on a k P Y 5^ g 9 Cs 'v:s lg Mv" different day from the one when the vote was taken. q� i'a - i (2)It outranks the simple form of the motion to reconsider,and may be made even t - q after the vote has been taken on the motion to reconsider,provided the result of the t ( a ',$5 ' vote has not been announced.If made after the simple form of the motion to recen- t 34:ii 4' ii S sider,it supersedes the latter,which is thereafter ignored. a r+-a €°' 't'i (3)It can be applied only to votes which finally dispose of the main question.They 8t are as follows:an affirmative or negative vote on adopting,and an affirmative vote on ' 5 "t ? ig z: , postponing indefinitely,a main question.And it may be applied to a negative vote on j tr 't„rt, the consideration of a question that has been objected to,provided the session extends r. ` rt :,?. beyond that day. v tN i . s5 ``.'' $ lxy fs (4)In an assembly not having regular business meetings as often as quarterly,it can- t ■1,324 - ryEE;; t4 not be moved at the last business meeting of a session. t i ii:` x - p s ` (5)1r cannot be called up on the day it is made,except when it is moved on the last e,{., r ?y; day of a session of an assembly not having regular business sessions as often as quur- ,u , e terly,when any one can call it up at the last business meeting of the session. t§. pr xsd After it is called up there is no difference in the treatment of the two forms of the ,(,. -C�'7 333 a� motion. I -e` 0" S` a 37.Rescind,Repeal,or Annul.(See Chapter 141 Any vote taken by an assembly, .{ s , )s, except those mentioned further on,may be rescinded by a majority vote,provided s wa� . notice of the motion has been given at the previous meeting ur in the call for this ; q '„ -,;;,tat,":,r ' ' meeting;or it may be rescinded without notice by a two-thirds vote,or by a vote of a v-,v ., -.a" - majority of the entire membership.The notice may he given when another question r1 31,,./ _;q;„ is pending,but cannot interrupt a member while speaking.To rescind is identical with "'iv a t*-rr j'kffs. - the motion to amend something previously adopted,by striking out the entire by-lau; k ts .,- r , ' 'rule,resolution,section,or paragraph,and is subject to all the limitations as to notice v , xi., e x c 1. y• and yore that may be placed by the rules on similar amendments.It is a main motion ,v- s`:"without any privilege,and therefore can be introduced only when there is nothing q -, ' &uy& else before the assembly.It cannot be made if the question can be reached by calling `• >. } '* f,up the motion to reconsider which has been previously made.It may be made by any t -- .. member;it is debatable,and yields to all privileged and incidental motions;and all of y ; �,"' 11 the subsidiary motions may be applied to it.The motion to rescind can be applied to , �•vines on all main motions,including questions of privilege and orders of the day that i i ti I . . .-..�.�...-.-..- . f1 , i �,. Page 15 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... AGENDA ITEM #9.A. ] 3I2 Appeodiz B have been acted upon,and to votes on an appeal,with the following exception.votes cannot be rescinded after something has been done as a result of that vote that the assembly cannot undo;or where it is in the nature of a contract and the other party is informed of the fact;or,where a resignation has been acted upon,or one has been elected to,or expelled from,membership or office,and was present or has been offi- cially notified.In the case of expulsion,the only way to reverse the action afterwards is to restore the person to membership or office,which requires the same preliminary steps and vote as is required for an election. Where it is desired not only to rescind the action,but to express very strong disap- proval,legislative bodies have,on rare occasions,voted to rescind the objectionable resolution and expunge it from the record,which is done by crossing out the words, or drawing a line around them,and writing across them the words,"Expunged by order of the assembly,"etc.,giving the date of the order.This statement should be signed by the secretary.The words expunged most not be so blotted as not to be readable,as otherwise it would be impossible to determine whether more was expunged than ordered.Any vote less than a majority of the total membership of an • organization is certainly incompetent to expunge from the records a correct state- ment of what was done and recorded and the record of which was officially approved, even though a quorum is present and the vote to expunge is unanimous. Article VII.Debate §42. Debate(See Chapter 8) §43. Decorum in Debate(See Chapter 8] §44. Closing and Preventing Debate(See Chapter 8) §45. Principles of Debate and Undebatable Motions(See Chapter 8] 45.Principles of Debate and Undebatable Motions.(See Chapter 8)Al main motions are debatable,and debate is allowed or prohibited on other motions in accordance with the following principles'. (n)High privilege is,nr n ride,incompatible with the right of debate of the privileged motion: and,therefore,all highly privileged motions are undebatable,except those relating to the privileges of the assembly or a member.Questions of privilege[I9]rarely arise, but when they do,they are likely to be so important that they must be allowed to interrupt business,and yet they cannot generally be acted upon intelligently without debate,and,therefore,they are debatable.The same is true of appeals from the deci- sion of the chair which are debatable,unless they relate to indecorum,or to trans- gression of the rules of speaking,or to priority of business,or are made while an Page 16 of 451 Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 B... 0 a. m 5 n t> Z a . hs7 1: y r+ ' [pppn 304 RULES Ut 01(5*It I' „ aFSCINU�AAIYND xoa4ITmNt rNEVin Vfll eI UI TY.ta 305 y 4t E 1 1 0 Q yy;yy C11 .Yv. a 1 At the next session any such order Is exhausted a�in 1� ....4,1' '" r s ;� t0 ,` ` ) CIND;AMEND SOMETId',fNG 1 I I ular rules of debate evail a i U) 7 prevail. 5 -e e PREVIOUSLY ADOPTED Form and Example *+, ;Zf•giMng Ps io he do red w Cis arc o and r Afro e g N I 5 # m $ dung Prrmwuly Adopted—which arc ovo lormcotbne 5 n f.: The form used in making this motion is (ores pk,9 •ental main motion governed by identical rules—the i M1Frt " 4 _" 1""�' 1•can chap can action previously taken or ordered. t a move to take from the table the resolution relating m7� ) g p ' "s ' > M—also known as Repro lor AurnJ—n slit motion 6y r 61 —. jn its amendment" 1+.) 0 # If Member A,who has risen to seek the floorrfm the o %previous action or omits can be canceled or cuun[c. ''{I 0 pose of making this motion,observes that the dtalr ii' ed•The effect of Rescind is to strike out an entire main 10 0 } ognized another member who rose at about Ilac Biit .I` resohnien,order,or rule that has been adopted at "ii-ds } b k 4 r , and edu a wouldth intends to make a new main rs oti n,t#t psn'ioth time Amend Something red so sty stdaptr+t is n '-^'' 5' a procedure would be as Follows; "'° a son dui eel be used Wit is dedred to change only a I j � ''''..-144,7 " tar a oithe LUXE,or to substitute a di(tcrcnt awnStnn. 0 d j5 nseuncx<lr�wsg standing.+ml mterruptmgt ttfr"4 :5 15 ) 0D ' me Tr me purpose or mlmng us'ateaqucawm fasts b , � x Smndard Descriptive Characteristics N C Z 11 ':i th " I < :"l"!( O 's ! Dpon rccag •inn,Member A roe,would n atik l'it motions to Ratind and to Antnrd Something pm.i. 1 F : % 1 (# ff from the table the motion relating to.:" ..e'i Adopted: •s x .al Ty' .a If Member A did not rise to claim the floors 2U I +L}} ": #'� '1 chair recognized another member who already hi,a ake precedence over nothing, and Lan thcrelbre L e 'kaj•A, xit•f; Or+ new motion,then before this question has been smtcdlby Ae f`moved only when no other motion is pending. Prrnrnru 33(, Y - ea". ! chair,Member A can quickly rise and address the ehaiFnth. j Boner(pp.121-24)of intern to offer one of these motto Is AI, a "1 % ss at die next meeting can be given whde another question 1 •p0. $ nenme%n Madam 1'rcsidcm 1f it pending,hoaevcr--provided that it dues not interrupt 25 ?ra • xJ}y, O 111116 For whir purpose drKs ale member ivNtq .a . +�t Weaker(see Standard Characteristic 7) These motions s P ("y., ( si: nexA tam tar the PeT^"ofmmang' Iwdwt''In,arm. �ymld m subsidiary,privileged,and incidental motions. °A l{ case sbovtt - %%Tyre' t Cm be applied to an)dlmg(e.g.,bylaw,ride,policy,de- I '..13 . wN Its. 7 a 02 ozoh,or choice)which has continuing three and effect 1 as's�` t and which was made or created at any time or times as iU § g:,,'`"" Y'°a 1 a z-"` ,dxresult of the ndaptian of one or more main nwtions. ,•t y L�Fiouescz se hcbw fior%coons that cannot be rescinded • +a , L j Mk tcamendtd f All olds<tad'and rnatend can be applied I ., ' Vdu;moraoncto-Rrrtinst and to Amend Something I4s-c T. p �rly Rdoprod.. { � � r ✓ �$ i,is C..tv+ . 17-a`.....,k"t ,'?.:0 To.141tyll(( v..ASt .: #rr€ 7p, ry sa n n aT v q %a 3Y x f's ., ,••• k r. - .,I tinYg z a. L'ay• '....%,,I17 444,I. - - t kl: w bi 0 m ti hl a 0 01 A W m b 0 a CO O CD Z O T { N O_ car O cn ia ”:741--,--r , rte ^'F_ ' ° 'aasf. ..--; d�3" ffl-- 1. '^; -,.�3P n —1.. ry m s ; 'a.,...^.--0- av "°.• 'a 1N a x , r v v 7s 2,3h`$ .5 a ,9 '; a '" ,� ° b^}Sd, v , S . in .17 Q 3nfi our r IN?' �5 -sr / v vu lU 13O rteu Anon. 307 q `; en" ' '^ } + 4' 1 3. Are out of order when another has die Floor,but pr rescind d or amended arc prc5ent fir have received ample 1 y5. S`# f, notice of intent to offer one of these motions at the y 4 oorr in which case they require a majority vote A mo. "t h ' meeting can he given after another member has ban tium hn rescind or amend pros rnons of a constitution or "° a ( signed the floor,provided that he has not begun tospeik. f bylaays is subject to the rcquireme tits for amendment as £ � ).: 5 4 Must be seconded. v p contained in the constitution or bylaws( 56,57). If 5 < 3 a n $ Are debatable debate can go into the merits ofthcgaa R s c bylaws or governing instrument contains a provision O u' t i' "ton which it is proposed to rescind or amend.. " abating to amendment,a motion to rescind or amend ap- `., N .I 6..Are mendable e by the processes ofpnmary and secaij i C plied to a constitution or to bylaws is ss bject to the same Z t t,' ary amendment in any of the forms discussed,inrli,� voting requirement as to rescind or amend special rules O aU as applicable to to paruculaucase.Thus,a motion to of order that is it requires(a)previous nnucc as de• m , Rewindeanbe amended for xam plc,by subsnmongfor scribed above and a two-thirds vote or(b)a sots of a e't ' 4 Y �`"} it a motion to amend what is proposed to be react ( majority of the enure membership „•fj N d But if motion to Rescind or to A mold 1 urrbng Rte tw8 A`nega five vote on these motions can he reconsidered, O oust Adopted is amended so that the change propose47 t not an affirmative son 117.';`/. a th:.)s. 15 the amended motion then exceeds Us scope ofa prep r 15 r{je p 'S+tj notice that was given;.tre effect of the previous noucee er Rules and Explanation yt N p� l % destroyed and the motion can no longer be adopted bpi r O Il " 4 majorry vote(ice Standard Characteristic 7) When theht 4 RIGHT OF ANY MEMBER 1'O MAKE THE MO- W 1, d 4 "' motions require pits inus notice(as may he the case with 'ICONS,WITHOUT TIME LIMIT In contrast-r t s the cast }. s ?U respect us a motion to rescind or amend a prosoiond{x 1(Ihe motion to Iirrunndrq there is no time limit on nuking _'U w' • the litlasts or a spheral rule of order),such a motion "'S •motions after the adoption of the measure to which '$`I {7k not be amended so as to make the proposed chair thry,are applied,and they Call he moved by any member,re- "1 µ t a ( greater than that liar which notice has been given:"" prdl'ess of how he voted on the original question.I.Vh n pro I 4 _' h 7 In an assembly, p pp IT^x dim nonec has been gusto,a rs usual to wan lord ember ,� Jh gcxcc twhcna nett n vat on'� s + laws,or apenal rules of order,require(a) coo tlntQ4 pia gore notice of these motions to move them,hut if he 25 .pr vote,(b)a majority vote when none f intent toimje. &ernot,any member can do so the motion,stating the complete substance of Mega-. t y t t. 3.) if posed change,has been given at the previous mce''5 [PROPOSED AMENDMENTS BEYOND THE SCOPE A Id try wnhm a quarterly time interval or in the call of the t OP THE NOTICE. As noted in Standard Descriptive 4 t;.-, -t 30 meeting,or(e)a Vote of a majority f the entire J'% cteristrc 6 above,when previous notice is a rcgmr<umur 30 vs kJ, I B; hership any one of which ss ill suffice The same votes flxthe adoption of.1 mono's to rescind or amend something '.r ' - ,I required for the assembly to rescind or amend an agIYL iously au pied, no subsidiary motion to amend is in •t; t^ taken by subordinate bodies, such sekuuga V&'deighat proposes a change greater than that Ior which no- Hb h; s,i; ' ,1 boards,emposscrcd to act on behalf of the assembly-lint v t&e was given.This is always the case,for example,sc huh the '$ ' . .may .( 35 committee,these motions require a coo thirds vote iSis s of an organization require pets notice for their 35 - lb O ,,,,1111 I t h all commit members a ho voted I r the motion id-4). amendment,ss hich they should do(pp iHll 82).It will also fi 9J. K AC\b Z g 1 0 A tT m 3 It co a AGENDA ITEM #13.B.1. -� KODIAK ISLAND BOROUGH :(4 " \ AGENDA STATEMENT SEPTEMBER 18, 2014 Cr:)' ?"; ASSEMBLY REGULAR MEETING TITLE: Resolution No. 1995-01H Amending Resolution No. 1995-01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendments to Various Categories, Retention Schedules, and Records Series. ORIGINATOR: Jess Kilborn FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Several years ago staff determined the need to revise the current retention schedule to comply with and consider recent and existing laws and regulations, reflect industry best practices, update cross referenced Borough Code sections, and to meet present needs of the Borough departments. The Records Administrator met with and worked with the various department directors, records coordinators, staff and the Borough Attorney to move forward the revised schedules for the Assessing, Engineering and Facilities, Community Development, Borough Clerk, and Elections records series. This resolution and backup material have been thoroughly reviewed by the Borough Attorney and have been found to be sufficient and compliant with all regulations. Staff recommends that the Assembly adopt this resolution. RECOMMENDED MOTION: Move to adopt Resolution No. 1995-01 H. Kodiak Island Borough Page 19 of 451 Resolution No. 1995-01H Amending Resolution No. 1995-01 Adop... AGENDA ITEM #13.B.1. 1 Introduced by: Borough Assembly 2 Requested by: Borough Clerk 3 Drafted by. Records Administrator Introduced on: 09/18/2014 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. 1995-01H 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AMENDING RESOLUTION NO. 1995-01 ADOPTING A RECORDS 11 RETENTION SCHEDULE AND CENTRAL FILING SYSTEM TO 12 REFLECT AMENDMENTS TO VARIOUS CATEGORIES, RETENTION 13 SCHEDULES,AND RECORDS SERIES 14 15 WHEREAS, Kodiak Island Borough Code 2.40.120 provides for a records management 16 program creation and administration; and 17 18 WHEREAS, staff determined the need to revise the current retention schedule to comply 19 with and consider recent and existing laws and regulations, reflect industry best practices, 20 update cross referenced Borough Code sections, and to meet present needs of the 21 Borough departments;and 22 23 WHEREAS, this has been an on-going project for the last several years; and 24 25 WHEREAS, the records administrator met with and worked with department directors, 26 records coordinators, staff, and the Borough Attorney over the last eight months to finalize 27 the proposed amendments to the following records series: Assessing, Engineering and 28 Facilities, Community Development,Borough Clerk, and Elections. 29 30 NOW,THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 31 BOROUGH THAT: 32 33 Section 1: Exhibit"A" identifies extensive revisions to the Assessing-AO records series 34 through amended,added,and repealed sections. 35 36 Section 2: Exhibit"B"identifies extensive revisions to the Engineering and Facilities-EF 37 records series through amended,added, and repealed sections. 38 39 Section 3: Exhibit"C"identifies extensive revisions to the Community Development-CD 40 records series through amended,added, and repealed sections. 41 42 Section 4: Exhibit "D" identifies extensive revisions to the Borough Clerk-BC records 43 series through amended, added, and repealed sections. 44 45 Section 5: Exhibit "E" identifies extensive revisions to the Elections-EL records series 46 through amended,added, and repealed sections. 47 48 Kodiak Island Borough.Alaska Resolution No. 1995-01 H Page 1 of 2 Page 20 of 451 Resolution No. 1995-01H Amending Resolution No. 1995-01 Adop... AGENDA ITEM #13.B.1. 49 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS DAY OF 2014 52 53 KODIAK ISLAND BOROUGH 54 55 56 57 ATTEST: Jerrol Friend, Borough Mayor 58 59 60 61 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Resolution No, 1995-01H Page 2 of 2 Page 21 of 451 Resolution No. 1995-01H Amending Resolution No. 1995-01 Adop... 73 CD 0 0 C o Z 0 EXHIBIT A N co Cirl ASSESSING - AO _ SERIES -DESCRIPTION - RETENTION FORMAT/REMARKS y A0.00 ASSESSING-GENERAL CORRESPONDENCE ONSITE, 3 YRS Electronic S XREF: Includes correspondence, reports, studies, and other pertinent information on department functions, CENTER: 0 co SR 1.111.2 conditions,and events of a routine nature. TOTAL 3 YRS Added by R1995.01H Q A0-01 ASSESSMENT RECORDS-EDP REPORTS CERTIFIED ROLL ONSITE'. 46 YRS PACS to XREF: .. .. .. . ,<:>• , -..':;:. . .,.... :. ,. . . : :»::• CES"ER: ¢XRSP Lasedttte ZT KIBC 3.20,3.24 Neat-and fietne2 F GS.'n5. Hid pv'Canoi props -. ' _. Annual assessment roll TOTAL: I- RS P N 3,35.060 cedification totals including real and personal propel/ entities, exemptions, vessels, and aircraft. co o SR 15.1/15.7 Assessment adjustments are included in this series. C Amended by R1995-01H or AO.02 .4 ' - • •} 9NSlT€ 5 YRS 0 XR€En .... e»e>• . .;., ...' ..'e• :. ,..'m— .. ... . :.. -!• '-::• GENTSR R 3.2086 fimsta-COG7dCk 5, TOTAL P o Repealed by R1995-0IH A0.03 CHANGE OF ADDRESS CARDS FORMS ONSITE: 3 YRS XREF: Change of address sands forms indicating pr0perny-s ales:e-new&waeas a change in where notices,bills.or CENTER: 0 Co KIBC 344,01 other correspondence regarding taxation is received. .. . .. . .. - . .. : n•• .• TOTAL: 3 YRS 91 3,35.070 Filed Aalpha by n '$owners last name O SR None Cited Amended by R1995-01H A0-04 -DEEDS P 0_ XREF: Cepies0 :••:-'_.-: • •' to:.:R- :. : :' .-' : , . . •. ..:: ■ . . .:: CENTER: 4 0 3,20:022 ,....,; :. - .. .._ .. ,... -.._.,.. ... TOTAL P a Repealed by 81995-01H _._- .. . .- - A0.05 _- - - ,• ON51TEx 3-YRS XREF: .. - CENTER; R 32481 's:: >:::. ... :.,..:'..,... . . -::• ';. .,..::. TOTAL P MICROFILM Repealed by R1995-01H AO.06 EXEMPTIONS FROM PROPERTY TAX ONSITE: 26 YRS PACS XREF: Applications and any other Correspondence pertaining to the application process regarding senior CENTER: 0 CONFIDENTIAL KIBC 320,08 citizens.disabled veterans,and farm use exemptions. TOTAL: 2 6 YRS 3,35.080 Amended by R1995-01H SR 15.5 A0.07 BOARD OF EQUALIZATION ONSITE, S6 YRS Laserfiche n XREF: Appeal,case presentation evidence, copy of minutes of hearings,certification of board of equalization CENTER: Pt KIBC 3.20.05 actions, TOTAL: P 6 YRS Borough Clerk's office retains m 3.35.050 SEE 50.67 Boards,Committees,and Commissions Minutes original minutes and audio Z 03 SR 15.4 SEE BC-68 Boards,Committees,and Commissions Audio recordings CD Amended by 82995-OIH co N n N ° Revised 08/19/2014JK FINAL Page 1 --{ A cn It V W 0 V fd N O C cz O 2 O EXHIBIT A to co al ASSESSING - AO _ SERIES - DESCRIPTION - RETENTION .FORMAT(.REMARKS > AO-OR PERSONAL PROPERTY ASSESSMENT RETURNS GNSITE: 2 YRS PACS 9 XREF: Personal properly assessment forms filled out by taxpayer and filed in the assessor's office with related CENTER: R 4 YRS CONFIO€NTIAI. N KIBC 34441 attachments.MI RORIUM TOTAL: P6 YRS = 3.40.030 Amended by R1995-01H a _' SR 15.7 10 A0-09 R€AOI/6FAL€ ONSITE; a YRS XKIBC3.31 .. . :....... .... ... .. ,. .r.e..:'... ::-, . . CENTER: B CD no4 e€cent 4444 3 XR5 to SEE AO-00 Assessing—General Correspondence O C Repeated by R1995-01H AO-10 REAL PROPERTY RECORD CARDS ONSITE: +NB° Laser`ti,he-before 2009 o XREF: History of parcels of real property in the Borough:nodding a48-records of ownership,assessed values,and CENTER: P PACS-after 2009 KIBC 2,20 any other pertinent property information. . or s .o.... :-.. x.r r.. . .. . -.. 441R., TOTAL: P Vital Record O 3.35.040 appraise'wsa:eps,and r•.rkM so en P�4e aaL�arepufer.F'krr-paper . SR 15.5 Amended by R1995-01H CD AU-11 MARKET SALES PROGRAM RECORDS ONSITE: 6 YRS Cn XREF: Includes property acquisition questionnaires and market sales program information.This retention includes CENTER: 0 O KIBC None cited appraisals contracted by the Borough. TOTAL: 6YRS _. SR 15.10 Added by R1995-01H y, A0-12 NOTICES OF ASSESSMENT ONSITE, 6 YRS PACS only oXREF: Real and personal assessment notices(PACS),including undellverables(paper). CENTER: 0 .O KIBC 3.35.040 Added by R1995-01H TOTAL: 6YRS SR 15.2 I APPROVALS: Initial Date ' I Dept.Records Coordinator - I Department Head • - . Records Manager - . Manager " Attorney - °-. . - -- . 4) m Z co ra o N.) b o Revised 08/19/2014.IK FINAL Page 2 ~". 4, el m 4t v W Cb cD vi 0 E 0 n Z 0 _, EXHIBIT S u1 ` ENGINEERING AND FACILITIES EF o SERIES • -DESCRIPTION -- RETENTION FORMAT/REMARKS I EF-00 ENGINEERING FACILITIES DEPARTMENT-GENERAL CORRESPONDENCE ONSITE. 3 YRS > XREF; Status reports,logs,and internal departmental business of a routine nature. CENTER: 0 3 SR 1.1(1.2 Added by R1995-01H TOTAL: 3 YRS CD EF-01 HEALTH AND SAFETY cemmir C4 ONSITE: 27 YRS Laserfiche G. %REF: Internal Borough safety meeting minutes notes, training records, inspections, safety violations and CENTER: P Microfilm KIBC None cited corrections, sign in sheets, meeting backup documentation for compliance with insurance program TOTAL: P 7 YRS CO SR 2.1 requirements. tD Amended by 819995-0114 N EF-02 ASBESTOS ABATEMENT ONSITE: I-YRP I Laserfiche O XREF: .. :a ._•-.':. .:.: -n _ •:•:-.: a e;,, l .... - ..:• CENTER: P MNrotilm E, KIBC None cited - - --_- -- . e er a -. Asbestos inspecf.ns, abatement, and TOTAL: P Binders on-site in p SR 13.32 ' volition reports including Yiose for school facifes.Includes AHERA repels Engineering/Facilities offices Z Amended by 81995-01H Z EF-03 ROADS,and TRAILS,AND PARKS ONSITE'. 1.10 YRS O XREF: Recommendations,petitions,action taken,repairs,complaints,construction as-builts,on Borough roads CENTER: R KIBC 130:165 not within service areas,trails,and parks.etc. TOTAL: R 10 YRS CO C SR None Cited Amended by R1995-01H 91 EF-04 U.T S ONWTTl IND ,RE-F+ —. IQB0-15:35 - - - •.e•. r •.. .. TOTAL p SR-137 Repealed by R1995-01H Q• EF-05 SERVICE DISTRICTS AREA FILES ONSITE. IND2 YRS Electronic O 10 XREF: .. : -: :>.:, ar' :. .•: .: :.:0•::•.• :-:: - .> e'. C ..::. : •••. :. :..•: ENTER. ND 3 YRS KIBC 4,10;4.15 Recommendations,petitions.action taken,repairs,complaints,construction as-builts,on Borough roads TOTAL: IMO 5 YRS SR 2.1 within service areas, Includes board correspondence and copies of service area road maintenance Borough Cferk's office retains working documents, Service Areas include Bay View Road Service Area,Fire Protector.Area No. 1. original minutes and contracts. . Monashka Bay Road Service Area,Service Area No.1,Worrers Bay Road Service Area.and any other Cassette tapes converted to established service or orottecian areas- d gitai aria recordings SEE EF-24 Senate Area Boards Meeting Packets and Audio Recordings SEE BC-67 Boards,Committees,and Commissions Minutes SEE BC-15 Contracts Amended by R1995-01H EF-06 CONSTRUCTION PROJECT FILES ONSITE: I YR Laserfiche XREF; For construction and non-facility projects:includes specifications,contract selection(negotiation),plans, CENTER: P Microfilm KIBC 3.30;3.65 bids,evaluations, performance and payment bonds,certificates of insurance, correspondence,change TOTAL: P b SR 13.2 orders,inspection reports,testing reports,permits,submittals,grant awards,bond project agreements, Project files are stored in 0 cost estimates,redacted certified payroll,Requests for Information,Requests for Proposals,Requests for arcAives on-site I year after Bias, architect's supplemental information, design clarifcationlvariation request, photos, schedules, project completion, Na invoices/pay requests, daily construction reports, construction change directives, contract register, After project completion,ifa iiIC N operation and maintenance(O&M)manuals,and warranties. :. i e i . •_ •. facility project,move to Facilities irj NA . SEE EF-20 Facilities Files Files.If non-facility project,keep IN' O Amended by R1995-01H per retention. Cy A Revised 08119/2014JK FINAL Page 1 Ti at -a J It -A W w C co cn 0 0 C Z 0 EXHIBIT B m GD ENGINEERING AND FACILITIES - EF . : I SERIES DESCRIPTION - _ RETENTION ' FORMATI REMARKS D EF-07 GNSITE INB B •.. •• ... CENTER R co ..: .•: TOTAL: R a Repealed by R1995-01H t0 EF-08 SOLID WASTE MANAPEt1ENT DISPOSAL ONSITE: 21 YRS XREF: r^"octon and diopo - :eac.Scale reports. CENTER: 54 YRS 77 KIBC 8.25 Amended by R1995-01H TOTAL: 7 5 YRS O co SR 13.18/13.19 o EF-09 RECYCLING PROGRAMS ONSITE: 23 YRS ». XREF: Reports,activities,and feasibility studies. CENTER: 50 YRS o KIBC None cited Amended by R1995-01H TOTAL: 7 3 YRS 7 SR 13.32 Z O YR EF-10 -• ... _ ONSITE: 2- SP Laserfiche XREF: .:' •• ••• •• :::• : •. . ::. CENTER: P Microfilm KIBC 8.25.120 ASBESTOS WASTE DISPOSAL INFORMATION TOTAL: P CO SR 13.32 Asbestos waste disposal records and manifests. U' Amended by R1995-01H O EF-11 LANDFILL MANAGEMENT ONSITE: GURRENF 6 YRS D XREF: EPA and APUC regulations and monitoring reports,activities,and maintenance of landfill.Keep current CENTER: 0 P O. KIBC 8.25 regulations only,replace as superseded. Regulations are retained in the office. TOTAL: P O SR 13.19 Amended by R1995-01H. EF-12 ARCHITECTURAL/ENGINEERING REVIEW BOARD MEETING PACKETS AND AUDIO RECORDINGS ONSITE. IND2 YRS Laserfiche XREF: 1:. : .: • .. • ••••.• Agendas, meeting packets containing backup CENTER: 03 YRS Microfilm KIBC 2745 2.125 correspondence and reports related to business of the board,roll call sheets or attendance records,sign- TOTAL: IND 5 YRS SR 2.1 in sheets,audio recordings,and copies of minutes,"uswes5e4N : a•d,^outrxts,and e—raspondea^a Borough Clerk's office retains relatest4Asewirt,AstisPiets.Includes board correspondence. original minutes. SEE BC-67 Boards,Committees,and Commissions Minutes Amended by R1995-01H EF-13 ONSITE-: 2 YRS minutes, C€NT€R: R Repealed by R1995-01H TOTAL: R EF-14 VEHICLES,MUNICIPAL ONSITE: ON517& Dispose of files after vehicles IN ^ XREF: • :-, .•• •-•.•.:.•: ... .-: :..Vehicle records. CURRENT+2 YRS are sold or transferred.See V! KIBC 40,00 3.30 Amended by R1995-01H CENTER: 0 State Retention regarding m SR 1.9 TOTAL: INB CURRENT.2 Claim Files for 2 co YRS accident/litigation. co O N IN on o y a Revised 08/19/2014JK FINAL Page 2 111 cn w P3 A 33 ro 0 O C O O z O EXHIBIT B co in ENGINEERING AND FACILITIES - EF O - SERIES • 'DESCRIPTION . - RETENTION • FORMAT I REMARKS- = EF-15 - • _, L4kIa4TE 2"RS > -.. .. ,.•e'•:., r::....... :. :. :. .... CENTER- 0 N Repealed by R1995-01H TOTAL 2"RS EF-16 OSHA REPORTS ONSITE: 5 YRS Laser-fiche _a XREF: Contains only(i.e.,300,301,300A)summary accident reports as required by OSHA to be retained for CENTER: 0 Microfilm O 29 CFR 1903.33 five years.Accident records are CONFIDENTIAL and shall be retained within EF-17. TOTAL: 5 YRS CONFIDENTIAL(ACCIDENT QM SEE EF-17 OSHA Plans and Records RECORDS) 3: SEE PE-05 Personnel Files,Supplemental(Previously Personnel Jackets,Medical History) on Added by R1995-01H O EF-11 OSHA PLANS,RECORDS,AND REPORTS 3 ONSITE: 5 YRS Laserfche ,C-, XREF: Accident and incident reports and training records retain for`total retention period, CENTER: 45 YRS Microfilm p KIBC None Cited Accident Preve raan Programs,training modules,and Right to Know retain ACTIVE until obsolete.or l TOTAL 50 YRS CONFIDENTIAL(ACCIDENT O SR None Cited superseded.Any accident records containing employee information are considered CONFIDENTIAL RECORDS) Z and shall be transferred to the Human Resource Officer for inclusion in Personnel Medical History fie. P SEE PE-05 Personnel Files,Supplemental(Previously Personnel Jackets,Medical History) Added by R1995-01H CO EF-19 UNDERGROUND STORAGE TANK RECORDS ONSITE: CURRENT c4 C XREF: Document registration and State Certification,Retain maintenance and repair history for the life of the CENTER: 6 YRS '� KIBC None Cited tank plus 6 years.Retain current registration and certification for 6 years. TOTAL: 6 YRS -..s SR 13.20 Corrective action documents are permanently retained under EF-21 DEC Reports. Added by 81995-01H _ a EF-19 SOLID WASTE ADVISORY BOARD MEETING PACKETS AND AUDIO RECORDINGS ONSITE: 2 YRS Borough Clerk's office retains O XREF: Agendas,meeting packets containing backup correspondence and reports related to business of the CENTER: 3 YRS original minutes. KIBC 2.145 board,roll cat sheets or attendance records,sign-in sheets,audio recordings.and copies of minutes. TOTAL: 5 YRS SR 21 Includes board correspondence. Includes any ad-hoc subcommittees that may be established in association with the Solid Waste Advisory Board's duties. SEE BC-67 Boards,Committees,and Commissions Minutes Added byRt99s-8tH EF-20 FACILITIES FILES i ONSITE: P Laserfiche XREF: Documents,files,copies of contracts,drawings,and data relating to operation of facility,permits CENTER: 0 Microfilm SR 13.13 utilities correspondence,bids,reports,proposals,accounting,etc.Retain for life of facility. TOTAL: P Borough Clerk's office retains SEE BC-t5 Contracts original contracts. Added by R1995-01 H EF-21 DEC REPORTS ONSITE: 1 YR Laserfohe XREF: Communications, Notice of Violation (NOV), inspections and recommendations. May contain CENTER: P Microfilm )? SR 13.19 Underground Storage Tank corrective actions, TOTAL: P Reports related to Project Files C) SEE EF-06 Project Files are kept with the project file. rn "0 Added by 81995-01H 'yam. a EF-22 INDUSTRIAL HYGIENE MONITORING ONSITE: 1 YR Laserfiche ai XREF: All industrial hygiene monitoring documents pertaining to personnel exposure including monitoring for CENTER: P Microfilm N 29CFR1910 air rontaminanls;chemical,biological,physical,and ergonomic hazards TOTAL: P )`• o SR 13.19 Added by R1995-OIH wee. O a Revised O8/19/2014JK FINAL Page 3 F cn J C4 a A X ro 0 a C_ 0 0 Z 0 a. EXHIBIT B ra co ENGINEERING AND FACILITIES - EF S ..- SERIES • ` , . : ' - ' DESCRIPTION - •` . RETENTION . FORMAT I REMARKS'° ' > EF-23 UNADOPTED PROJECT FILES ONSITE: 10 YRS Laserfche 3 XREF: Recommendations,petitions,action taken,repairs,complaints,construction as-buills,etc.,for projects CENTER: 0 Microfilm N KIBC 3.30:3.65 prior to official adoption.Un-adopted projects with no action retain on-site 10 years. TOTAL: 10 YRS D. SR None Cited Adopted project becomes EF-06. SEE EF-06 Project Files 0 Added by R1995-01H vdt Z EF-24 SERVICE AREA BOARDS MEETING PACKETS AND AUDIO RECORDINGS ONSITE: 2YRS Borough Clerk's office retains N XREF: Agendas,meeting packets containing backup correspondence and reports related to service areas CENTER: 3YRS original minutes. 0 MC 4.10;4.15 ea business of the board,roll call sheets or attendance records,sign-in sheets, able hearing TOTAL 5 YRS WBSA lies are maintained at 0 SR 2.1 documentation,arch recordings.and copies of minutes.includes beard correspondence and copies Womens Bay Fire Hail. a of service area road snantenerce contracts.Service Areas include Bay View Road Service Area.Fire a Protection Area No. 1,Morashka Bay Road Service Area,Service Area No.1,Ydamers Bay Road Service Area,and any other established service or protection areas. Z SEE EF-05 Service Areas Files o SEE BC-67 Boards,Committees,and Commissions Minutes —b SEE BC-15 Contracts SO SEE BF-11 Womens Bay Service Area Board CO C 71 Added by R1995-01H CA APPROVALS:. Initial Date > Dept.Records Coordinator a Department Head . -o Records Manager _ 6 . • Manager, . , . Attorney ■ . ( b G) tv AC co tp ro N .1 0 ,ti. - a Revised 08118t2014JK FINAL Page 4 L cn '-k Gin Po V X CD N o C O Z O EXHIBIT C Co to - COMMUNITY D_ EVELOPMENT - CD i SERIES DESCRIPTION RETENTION FORMAT I REMARKS > CD-01 ADMINI STR"TVESUBJ€CT-GILES ONSITE. RIO YRS Electronic XREF: COMMUNITY DEVELOPMENT-GENERAL CORRESPONDENCE CENTER: 0 3 KIBC 132 2.80 Correspondence files related to departmental administration of a routine nature:Budget TOTAL: IND 3 YRS = SR 1.1;1.2 work files,inter-department memos::' •.: : : • - • 5'' decisionerets Subject to annual administrative review and purge. CC/ Amended by R1995-01H PZI CO-02 ..,.EA-..,DE PROJECT FILES ONSITE: IND ACTIVE+2 YRS Electronic N XREF: Project permit files related le%09iak•islerAdisatAsr==.: - .•.. CENTER: 013 YRS N KIBC 37:57 None hed by the Panel and Zor g Comm5eiee to projects or matters not related to TOTAL: IND 15 YRS cited property reds-Subeci to annual administrative review for completion and historical SR None cited value for transfer to the Records Center or to CD-12 Library. o Amended by R1995-04i Z CD-03 AREA VIDE PPBJ€SLP€RMIT FINES 9N44E. DID :: a •0.. •. -:..... ':•. :- ... .:.:. .. ,- ... a O48 —s. Repealed by R1995-OIH CO CD-04 MINUTES AND AUDIO CASSETTE T PES RECORDINGS OF COMMITTEE ONSITE: 25 YRS Original signed minutes are CO 91 XREF: MEETINGS CENTER: 0 retained by the Borough O KIBC None cited .::. 0 ••••. .•: .e•••'-.?• .•: :-: .:• :•- .. TOTAL: S5 YRS Clerk's office. —' SR 12.1 Meeting minutes and audio recordings of committee meetings. > SEE BC-67 Boards.Committees,and Commissions Minutes a Amended by R1995-01H '0O CD-05 Repealed by R1995-Ot CD-O6 ' COASTAL ZONE MANAGEMENT AND OUTER CONTINENTAL SHELF ONSITE: IND ACTIVE+2 YRS Historical XREF: Coastal Zone Management and Outer Continental Shelf`des correspondence related to CENTER: G YRS 3 YRS This record series is KIBC 37:02 None i coastal management ark outer continental shelf issues.Grant and legislative backup TOTAL: 7 YRS A+5 YRS currently inactive. Cited - Tiles. Retention period starts after SR 12.7 ArreendeE by R1995-0IN q��O�� project completed. CD-07 .- - e e •e ONSD& IA18 TOTAL; P Repealed by R1995-01H CD-OB C4"nE14€NS.L'€PLANS ONSITE: IND ACTIVE Laserfiche XREF: General land use and development plans for cities or areas in the Kodiak Island CENTER: P Upon completion transfer KIBC 77,02-17.10 Borough including work papers,surveys,studies,and reports.MIGRORLMfwal$an TOTAL: P plan to Records Center for C) SR 13.1 permanent retention. r Ill Amended by R1995-01H `y " t0 CD-D9 - .. (j i'D NT IS ca o "•� AT Revised 08/19/2014 UK FINAL Page 1 m 4t V W Oq N XI do N O C_ O 7 Z O EXHIBIT C CO cO COMMUNITY DEVELOPMENT - CD _ SERIES - `"'DESCRIPTION RETENTION ' FORMAT-/REMARKS D CD-10 PLANNING AND ZONING COMMISSION AGENDA PACKETS ONSITE: 2 YRS Electronic R XREF: Agendas,public hearing records,and items presented to the commission for action, CENTER: 13 YRS Laserfiche CD KIBC 2-402105 Amended by R1995-01H TOTAL: 15 YRS p SR 12.1 Q CD-11 °P°O'er....-..=..,OVAb—.,_"" ` S TITLES 6,8,10,AND 15 ADMINISTRATION ONSITE: 2 YRS Electronic t=0 XREF: Correspondence, reports, photos ownership files related to animal control issues, CENTER: 54 YRS Z7 KIBC 10.10 cefletalawapaMacse-oissorret junk removal,including vehicles,solid waste TOTAL: T 6 YRS Ip and litter control,and building official administration. o Amended by R1995-01H CD-12 LIBRARY ONSITE: IND ACTIVE Subject-toannual XREF: Studies and surveys generated by Kodiak Island Borough and other jurisdictions.awl CENTER: 0 adminisua4we-review-an4 O KIBC 4,142 None ..•: t::.:• -.::• - -:.•:'•: •.••"•: .•: e: :::'•: . :.. •.. . TOTAL: INB ACTIVE Ririe.Review for historical D cited (Functions as reference library,) Includes administrative decisions/determinations not value.Retain ACTIVE until Z SR 1.4 related to property files, obsolete,superseded.or Amended by R1995-01H administrative need is met. CD-13 MAPS ONSITE: IND Electronic COProject maps, such as outer continental shelf projects; area (village) maps; U.S. CENTER: P Microfilm cn Geodetic survey maps, historical maps. Subject to annual administrative review and TOTAL: P Paper p purge. Historical Amended by R1995-01H D CD-14 ZONING MAPS ONSITE: IND Electronic O- Adapted zoning maps,land classification files.Historical. CENTER: P Microfilm a SEE CD-17 Property Files TOTAL: P Paper Amended by R1995-01H Historical • Retain CURRENT or until superseded.Once superseded transfer previous version to records center. CD-15 - -. Amended/Repealed by R1995-01 CD-16 PLANNING AND ZONING COMMISSION MINUT,.,,..eTES Mc"OD RESOLUTIONS ONSITE: P Retain originals on site. XREF: O.ginal signeA e. nd d Resolutions of the Planning and Zoning Commission. CENTER: 0 SR12.1 . ... .•: .':•:: ••'•.-. . : •- _:: .. -: ...-:. ... TOTAL P permare^t•Brer9 44'CR^FILM. Amended by R1995-01H G) co Z co ri N n co o y a Revised 08/19/2014 JK FINAL Page 2 m cn R It co P3 T 0 o C 0 0 z 0 EXHIBIT C (0 co • . a COMMUNITY DEVELOPMENT - CD = SERIES I DESCRIPTION RETENTION FORMAT!REMARKS y CD-17 PROPERTY FILES ONSITE: R3 YRS Laserfiche XREF: All real property within the jurisdiction of the Kodiak Island Borough,sorted by legal CENTER. OP Microfilm to KIBC 17,72 description. Case files that includes history of zoning, exceptions, nonconformities, TOTAL: P Vital Record O SR 16.1 variances, waivers, violations, complaints, conditional use permits, temporary use a permits,zoning compliance permits,enforcement files,copies of adopted plats,etc. 0 Amended by R1995-0tH @ CD-18 PLATS 0NE4TEs OLP 0 X -Fe . .. s-.:•-.t 4-se,i-oa"!egh afy by plat lumbers.Sear w GiENTER- 0 0 KIBC-1530 o I SEE Cat?Property Files Repealed by R1995-01H Z O CD-19 CENSUS-REPORTS ONSIT& IND XREF .. . ........ ... .••.. s::..,!•..:'-.: •: :: :.:•. CENTER: R SO KIBC-3.33 Repealed by R1995-01H TOTAL; P (0 CD-20 0N84E: R U1 XRELF3, •:.: :. :. '•: ..n. ,, -�-v...':•., :..-..:• 6€NTER. O O KI8C1&TO - :.:•. TOTAL: P —` XR-4341 SEE CO-17 Property Files > Repealed by R1995-01H O CD-21 SITE MAPS OF BOROUGH PARKS ONSITE: CURRENT Retain CURRENT or until 'O Site maps of parks showing topographic features,drainage,structures,and equipment. CENTER: P superseded. . As-built drawings for structures. Copies of previous site maps are retained within TOTAL: P properly files. SEE CD-17 Property Flies Amended by R 1995-01H CD-22 ONSIT& IND .•:••,.••.•.... ..-' :: : r e '- TOTAL: INB and-perige-amma9Y- Repealed by R1995-01H CD-23 PARKS AND RECREATION COMMITTEE AGENDA PACKETS ONSITE: 2 YRS Electronic XREF: Agenda packets, rosters and correspondence relating to Borough parks recreational CENTER: 13 YRS Laserfiche KIBC 2,43 2.120 activities.This includes advisory boards, TOTAL: 15 YRS Original signed minutes are It SR 2.1 SEE BC-67 Boards,Committees,and Commissions Minutes retained by the Borough O Amended by R1995-01H Clerk's office. t0 IS Li W .w O 0 ~ Js. Revised 0871972014 JK FINAL Page 3 m cn a v W W w CD U, 0 0 C 0 Z 0 EXHIBIT C mco cin COMMUNITY DEVELOPMENT - CD _ -SERIES DESCRIP.TION'. RETENTION` . FORMAN:REMARKS CD-24 EMERGENCY MANAGEMENT ONSITE: ACTIVE 2 YRS Electronic 3 XREF: Correspondence and agenda packets relating to the Local Emergency Planning CENTER: P Laserfiche cD KIBC 2.110 Committee(LEPC),Emergency Services Council(ESC),Tsunami sirens,emergency TOTAL: P Vital Record SR 11.44 management,and emergency preparedness and planning. Q Added by R199S-OIH 5 • t° APPROVALS: Initial - - Date - _.... ° Dept.Recoids Coordinator co Department Head - - o Records Manager ° Manager o Attorney 0 0 co co U O_ D 0 0 0 co 2 m `° n 0 y Revised 08/19/2014 JK FINAL Page 4 m to C ID CO O C O Z P EXHIBIT D to cis BOROUGH CLERK - BC S SERIES DESCRIPTION RETENTION FORMAT I REMARKS D BC-01 ._ -. - BOROUGH CLERK'S OFFICE - GENERAL ONSITE: 3YRS XREF: CORRESPONDENCE CENTER: 0 e9 KIBC None cited Assembly and clerk's office incoming and outgoing correspondence of a general nature. TOTAL: 3 YRS M Amended Del R4-993.94-Gby 81995-01H C%; BC-02 GENERAL APPEALS ONSITE: 2 YRS Retention period starts after XREF: Records related to appeals submitted to the Borough Assembly on issues other than land use CENTER: 8 YRS final decision is adopted. KIBC 15.45 concerns and permits,i.e.Building Code Board of Appeals to the Assembly. TOTAL: 10 YRS X SR None Cited Amended by R1995-01H 9 BC-93 LAND USE APPEALS ONSITE: I MO 7m-ever Retention period O XREF: Appeals from approvals.denials.or conditions of land use permits ie,se h as variances.use CENTER: 0 starts after Findings of feel are sot KIBC 16.90,17125 permits,Prang issues,subdivisions,etc-,i.e.,Appeals o the wssemby:oac0 o`.Adjustment TOTAL: 1 MO adopted-Pander Ste no O SR None Cited Amended by R1995-01H Confoev.fM permanent M retention_toNw0erpor21ian44 Z thc;•cfos. P BC-04 MINUTES OF THE BOROUGH ASSEMBLY MEETING MINUTES ONSITE: P Laserfiche XREF: Minutes Regular and special meeting minutes et-meetings held by the Assembly. CENTER: 0 Microfilm CO KIBC 2.30 SEE BC-87 Boards,Committees,and Commissions Minutes TOTAL: P Vital Record 91 SR 2.1 Amended by R1995-01H Historical originals are available O in binders in Clerk's office/safe. D use CL BC-05 ASSEMBLY AGENDAS AND PACKETS PACKETS Laserfiche O 0 XEF: Agendas;Regular meeting,gaekek,special meeting,Rackets,and work session,and joint ONSITE 2 YRS KIBC 2-502.30 work session packets containing backup correspondence and reports distributed to assembly CENTER: P 15 YRS SR G6.2.1:2.2 members fe ice at assembly meetings.and Includes mont„; ,da s,agendas,roll TOTAL: P 15 YRS cal sheets, sign-in sheets, public hearing documentation, and guide6o-s. ate-are-also I inel eerie AGENDAS , Microfilm Minutes Agendas are permanent 48G-443. ONSITE: 2YRS I Laserflhe SEE BC-25 Public Hearing Records CENTER: P a Extract agenda from passel.in SEE CULl-Indexes folder for permanent tracking of Assembly actions TOTAL: P Le and retain permanently in Amended by R1995-01H correct LFIAgendas folder. BC-06 ASSEMBLY MEETING AUDIO TAPES RECORDINGS ONSITE: 2YRS 5 YRS Electronic only XREF: Audio andler-wdeetapes recordings of Assembly meetings. CENTER: 3-YRS 0 Video recordings were KIBC None Cited SEE BC-68 Boards,Committees,and Commissions Audio TOTAL: 6-YRS 5 YRS discontinued in 2009/Audio lige SR GG-2.1 Amended by R1995-01H tapes were discontinued 2/14/08;converted to digitalis 0 4C - audio recordings. r., N N yd Y O .. cis Revised 08/19/2014,1K FINAL PAGE 1 y W C CD N O C O 7 z O EXHIBIT D co - BOROUGH CLERK - BC = SERIES DESCRIPTION RETENTION FORMAT I REMARKS BC-07 AUDITS;SEE FI-16 Annual External Audits 3 Amended/Deleted by R1995-01 (D BC-08 BOARD OF EQUALIZATION APPEALS ONSITE: 2-YRS 1 MO After one(1)month of XREF: Minutes,rosters end-serafcat:• : dr., • .':• ..':• . .::• .:••: :!-, CENTER: 0 certification of BOE actions, d KIBC 3-29-900 :. •e ! •?• TOTAL: 121 MO transfer files to Assessing for tp 3.35.050 Board of Equalization appeal packets,dockets,and other appeal hearing materials. permanent retention. .D SR None Cited SEE BC-67 Boards,Committees,and Commissions Minutes 1p Amended by R1995-01H BC-09 8OR000H BOARDS,COMMITTEES,AND COMMISSIONS ROSTERS ONSITE: 2 YRS Electronic XREF: •,.•: ... CENTER: BP Laserfiche _� KIBC 2.392.100 SE€86-O47eo-miwdas: TOTAL: 2—Y-RS P Historical • O • ::. . • .: Scan into LF at the end of Rosters of boards, committees, and commissions (including Ad-Hoc) members' contact every fiscal year for permanent information, updated per appointment, and kept in the black binders in Assistant Clerk's record. office. SEE BC-69 Boards,Committees,and Commissions CO r0 Amended by R1995-01H cT1 BC-10 BOROUGH BUDGETS;SEE FI-17 Annual Budget O Amended/Deleted by R1995-01 BC-11 CONFLICT OF INTEREST STATEMENTS; SEE ELECTION CCRdES EL-08 Financial D Disclosure Statements 0 Amended/Deleted by R1995-01F a BC-12 TO BC-14 CONTRACTS;COMBINED;SEE BC-15 Contracts Amended/Deleted by R1995-01 BC-15 CONTRACTS GENISIM Laserfiche XREF: Contracts,agreements,and leases between KIB and vendor.Contract file includes change ONSITE: 2 YRS Vital record KIBC 346 3.30 orders and insurance certificates as required by agreement.General(GEN),Service,and/or CENTER: R 10 YRS Retention begins after contract SR 5.2 Maintenance(S/M)contracts are kept for 10 years after completion of the projector contract. TOTAL: P 12 YRS end completion date. SEE-THESE-ALSO Boreugfi Clerk's office retains PCC 91; ^Cr 92; Capital Project (CP) or Facilities (FAC) contracts are kept permanently to cover any CP/FAC original or copies of signed EBW-02 applicable warranties that are associated with the contract. ONSITE: 2 YRS contracts. . ... .:•'.: . .: .. CENTER: P me •aate. s- -atgceemer" Computer Index: Creokhadoxrcoetracts MICROFILM new TOTAL: P contracts,grants,and leases,and fib.grant^ and'Ant-no MICROFILM for•esp•ds center ra,ent men SEE COD-Indexes folder for permanent tracking of Assembly actions G) Amended by R1995-01H m p1 BC-16 CANVASS BOARD CERTIFICATIONS; SEE R SCTn�.QN-S,,voRR EL-03 Certificates of Election Returns m Amended/Deleted by R1995-01F w y of Revised 08/19/2014 JK FINAL PAGE 2 rn W PO 73 0 to 0 C z 0 _•, EXHIBIT D CO BOROUGH CLERK - BC J i SERIES DESCRIPTION RETENTION FORMAT/REMARKS 3y, BC-17 ELECTION ADMINISTRATIONS; SEE r6f" 'e.T.^311- S EL-13 Election Official's Records CCDD Amended/Deleted by R1995-01F = BC-18 I NOMINATING PETITIONS;SEE o - - -.Et.M7 Declarations 04 Candidacy a Amended/Deleted by R1995-+37P t0 BC-19 ORDINANCES ONSITE: P Laserfiche ro XREF: Ordinances adopted/failed by the Borough Assembly. CENTER: 0 Microfilm 0 KIBC 2-14460 SEE CLIU-Indexes folder for permanent tracking of Assembly actions TOTAL: P Vital Record O 2,25.160 Amended by R1995-01H Historical a SR&6-2,5 Originals in binders in Clerk's offrce/safe. = BC-20 RESOLUTIONS ONSITE: P Laserfiche z XREF: Resolutions adopted/failed by the Borough Assembly. CENTER: 0 Microfilm O KIBC 246480 SEE CLIU-Indexes folder for permanent tracking of Assembly actions TOTAL: P Vital Record 2.25.180 _Amended by R7995-01H Historical CO SR 06-2.5 Originals in binders in Clerk's co office/safe. 91 BC-21 OATHS OF OFFICE AND APPOINTMENTS ONSITE: 32 YRS Laserfiche O XREF: Oaths of office of bath elected and appointed municipal officials. CENTER: P Microfilm D KIBC 2467050 originals.Pro set may corNet of onto for boards,cams--ions,coMMMC00,cv>^^' . m4 TOTAL: P Historical 226030,2.25A30, «- :.•.., .. . . ,a:•.n-•., •: O 245950 .. . . . .. .. ..: �ax:-..a �- . :... . . .. 73 SR 2.6 .,'. "•: ..: r.. :: ....... .. AS 29,20.600 MICROFILM Amended by R1995-01H BC-22 BOROUGH CODES ONSITE: P2 YRS Laserfiche XREF: Code,replaced pages,and'Stages,.supplemeents,- :e -n• CENTER: OP Microfilm KIBC .02:1.01 Amended by R1995-01H TOTAL: P Vital Record SR 66-2.5 MICROFILM Historical AS 29.20.380 BC-23 BALLOTS;SEE ELECTION ECIUCS Et 01 Voted Ballots Amended/Deleted by R1995-0EF BC-24 PUBLICATIONS ONSITE: 21 YR i Electronic A %REF: Newspaper slimes: Publications ef-aetise of meetings, public bearings, and Assembly CENTER: P Laserfiche KIBC 2.30.030 business advertised in the'Borough News Page'or other special advertisements in the local TOTAL: P Historical 0 SR 611.1.6 newspaper.May contain copies of affidavits of publications. - - -- •.:'•, : , ' y m n .- . a SEE EL 16 Municipal Election Publications .� m Amended by R1995-01 H w A A O y Is Lt1 cry Revised 08/19/2014 JK FINAL PAGE 3 4* V W P3 V C 0 0 C o z 0 EXHIBIT D co u cn BOROUGH CLERK- BC = SERIES DESCRIPTION RETENTION FORMAT/REMARKS > BC-25 PUBLIC HEARING RECORDS GENERAL Backup documentation shall XREF: Public hearing notices and responses regarding rezones and appeals and other general ONSITE: 2 YRS remain part of the agenda 0 KIBC 16.90 matters.Other General public hearing records should shall remaia be retained by the Clerk's CENTER: 8 YRS packets. 7 SR 66-2.2 office. •:r .?•> •• •• :: :.,n.:: . :.. TOTAL'. 15 YRS ✓ SEEK-05 Assembly Agendas and Packets REZONES/ One(1)month after completion CO SEE CD-17 Property Files APPEALS of assembly action,transfer file 'D Amended by R1995-01H ONSITE' 1 MO to Community Development en CENTER: 0 are-pfased-in CCMD€V for a TOTAL: I MO permanent retention. BC-26 LEGAL OPINIONS ONSITE: P Computer index. o XREF: Official interpretations regarding questions of legal rights or liabilities affecting operating CENTER: 0 Clerklindexllegal opinions n KIBC 2,24 2.65 departments. TOTAL: P Laserfiche Z SR IEC 1 10.1 Copies in binders in Clerk's 0 office. PROPRIETARY CO INFORMATION cm BC-27 ELECTION BOUNDARY;SEE ELECT nn�ALSE-ROES EL-14 Voting Descriptions,Maps,and p Street Books Amended/Deleted by R1995-01F y 8C-28 ELECTION RECORDS;SEE ECTIT °S91ES EL-01 through EL-16 O. Amended/Deleted by R1995-01F -0p 8C-29 ABENSENTEE VOTING;SEE EELE IOSEnvEN RIES EL-01 through EL-16 Amended/Deleted by R1995-01F • BC-30 • ••• • . • . .! . I'; SEE BC-69 Boards, Committees, and 91S1T€ 2 KRS !'-'. •••. • - -.'•-: XREF: Commissions CENTER R by-ConDev-CD4& KIBG2-40 .... ..•. .:...............__ - .. . TOTAL: R SR-G64 Repealed by R1995-01H BC-31 . . . -1. ; SEE BC-69 Boards, Committees, and ONSIi& 2-YRS XREF: Commissions CENTER; B KIBC 2.11 , ••..... ......:... TOTA; B SR-6G4 Repealed by R1995-011-I BC-32 e! .e• - - - . .- • SEE BC-69 Boards,Committees, ONSITE 2-YRS XREF: and Commissions C€NT€& R 14I862.42 I4EDC minutes,rmdings,and commisci01 memberscorrespondence. TOTAL: R SR CC} Repealed by R1995-01H 0 BC-33 ••• '' I •-.• • !• .! --; SEE BC-69 Boards, Committees, and ONSN 2-YRS m XREF: Commissions CENTER R Z coKIBC 2.11 •'• .... • ......••• ••••••••..: .... .. ... TOTAL: R wSR CC} Repealed by R1995.01H ra a n a a1 Revised 08/19/2014 JK FINAL PAGE 4 V W P3 79 co rn a c_ a _ Z 0 EXHIBIT CS CO S0 BOROUGH CLERK - BC SERIES I DESCRIPTION RETENTION FORMAT/REMARKS B C and Commis sions R -34 , e}t, ,• • •- ! •t; SEE BC-69 Boards, Committees, ONSET& 2-YRS CE 1TER (D ` . 5 - .. .. . TOTAL P = SR-66-4 Repealed by R1995.01H _ 0-: BC-3S AIRPORT ABBISORYCOMMITTL ONS4& 24-RS ..- ..'., .•e r: . 1.. .: a• .: - ::•:-•.-. CENTER: P Repealed by Ord.2006-04 TOTAL P 72,1 BC-36 ' „ • :! .-•'t;SEE 8C-69 Boards,Committees,and Commissions - SITE: 2485 teaoth,e-E^ard. 0 %R£€; -. s.• ,. . - _ GENT€RE P 0 K184440 Reed by R1995 0 . .. I TOTAL R SR-664 I o BC-37 _• • - ".• •• ` SEE BC-69 Boards, Committees, and ONSIT& 2"RS _ %R€P Commissions CENTER: R Z KI864,68 •• •r•. :.,::..... ...:., 't'•:.,..,,,. : ••::..: :.::•>: TOTAL: P O SR-664 Repealed by R1995.01H BC-38 • - - r _ - - Tr • -- SEE BC-69 Boards,Committees,and ONSIT€ 2YRS PO XR€Ft Commissions CENTER R AO CCm K4B6-0,69 TWAT. R rj CR CC 1 Repealed by R1995-01H ....,.. BC-39 SERVICE A -A.n .nnARRD;SEE BC-69 Boards,Committees,and Commissions ONSIT€ 2-Y-RS ,_ > XREF :- .:• :-..- CENTER: P a KIBG4,10 Repealed by R1995-01H ;WALT R '0 SG-4 BC-40 - - .• .. •. t; SEE BC-69 Boards, Committees, and ONSITE 2-YRE, XR€F. Commissions CENTER+ p KIB6.4:8O _ ..;.. r..... :.. ....'.,: ,:..•. •-r.>- :.•:••.-. TOTAL R SR CC 1 Repealed by R7995-01H 60.41 .•€A-69ARB; SEE BC-69 Boards, Committees. and �-1ITE: a RS XR€F: Commissions 6 E-LATER R VJBCI.99 ✓_.'..,:e .... .._;. .;'.., ..: .,...:•. .: - TOTAL R SR-46-4. Repealed by RI995.0IR BC-42 e e. P. . 146HT—S€RVICE—AREA BOARD; SEE BC-69 Boards, 9NStTE4 2-YRS XREF: Committees,and Commissions CENTER+ P /4180.4.100 . ...: •:'•t.,.•: e::.; .....:• .: • .. . - TOTAL P 5R-66-1 Repealed by R1995-01H A BC-43 LICENSES,LIQUOR ONSITE: 32 YRS Electronic C) XREF: Liquor license applications and back-up information. CENTER: B4 YRS m KIBC5.01 ! :•- - !-:.. •. .•.:.•e !::,: .. !. -::••.• TOTAL: 36 YRS `S�i• mSR L-t0414.1 Amended by R1995-01H -9, y .y ern Revised 08/19/2014 JK FINAL PAGE 5 *,a W Co. a. C Oa 0 0 C 0 0 z 9 EXHIBIT D co to BOROUGH CLERK - BC -s SERIES DESCRIPTION - RETENTION FORMAT/REMARKS > BC-44 RROWB€N6EKOn Ax-ls f •_ .• • ,_ - ON£4TEs 2 YRS N . . . ... . . GRNTRR P Ssaakr-for TOTAL R MICROFILM a Repealed by R1995-01H CO BC-45 _ . . _ .e. Op�N��S�UT€cn� 2--YRS ...• :.:� TOTAL: P V1 MICROFILM .. O Reed by R1995-01H � • BC-46 PLATISTATE RECORDER INFORMATION LOG I ONSITE: P Electronic Only O XREF: Plat tog details, properly owner, plat location, date filed,and plat no. assigned by State .CENTER: 0 CPvpuler index: 2 KIBC 16.50 Recorder's office.Also includes miscellaneous documentation recorded by the Slate. TOTAL: P Clerk ka9exipiater O SR EN4 W13.1 SEE COO-Indexes folder for permanent tracking of Assembly actions Scan annual log Into IF al the Amended by R1995-01H end of every fiscal year for So permanent record.Dispose co back-up documentation after Cfl one(1)year. p BC-47 NOTARY—LOG 9Nsg& R GfSna+e-the-09310Y0900; —' WEE: •?: .. :•,:.:,, .....•••• •e. ::. GENTFR; 0 AerwsxNa,-FtmIge of > KISGNonecited Repealed by R1995-01H TOTAL; R ... :•.x. 0. BC-48 VOTER REGISTRY;SEE - EL-04 Election Registers and Tally Books -p Amended/Deleted by R1995-01F BC-49 PRECINCT STATISTICS;SEE !- .- _EL-03 Certificate of Election Returns • Amended/Deleted by R1995-DIP BC-50 RECOUNTS/CONTESTED MUNICIPAL ELECTIONS; SEE - C - - EL-t0 Recount Petitions ! Amended/Deleted by R1995-01F BC-51 I LICENSES,GAMES ONSITE: 32 YRS XREF: ( Games of Chance and Skill permit applications. CENTER: 04 YRS - KIBCSABNone !.y•_:.. ..., ; . .. .::.;...:.. ....... .., >•:••'.! TOTAL: 36 YRS cited SR LTA 14,1 BC-52 ELECTION PAMPHLET; SEE E -CTION SERIES EL-16 Election Pamphlet and Publications IN AmendedlDeleted by P1995.61F 0 BC-53 PRA;SEE BC-69 Boards,Committees,and Commissions ONSWWF 3-YRS m Mils .:'•:..•: ::. ...:..::... .... . ... GENTRR; R id ro 14484-242 Repealed by R1995-01H TOTAL R D SR 66-4 G./ b v 0 ... i Revised 08`1912414 dK FINAL PAGE 6 3t W C3 X 0 US 0 G O O z P „.. EXHIBIT D CO ad CP BOROUGH CLERK - BC = SERIES DESCRIPTION RETENTION FORMAT/REMARKS BC-54 DATA PROCESSING STEERING COMMITTEE 3 Amended/Deleted by R1995.01F cc BC-55 ALTERATION OF BOROUGH ONSITE: 2 YRS Laserfiche XREF: Boundaries/consolidation/annexation. Includes petitions, correspondence, affidavits of CENTER: P Historical O: KIBC(NONE)4.05 publication,copy of ordinance,and related public hearing back-up records.If annexation fails, TOTAL: P =0 SR C6-102.9 retain five years. AS 29.6 Amended by R1495-OIH _ X B&56 PETITIONS ONSITE: 6YRS N XREF: For irdtatives,referenda,and fecal:`led by private citizens or groups neaaestataarea,Nrg CENTER: 0 O KIBC{NONE)None bedyaotn- TOTAL: 6YRS cited Amended by R19955-01H O SR CG-78 2,3 O AS 29.6 Z BC-57 .... ... . •. ... ....,. - ....... .... BDkggE; 10 YRS' CO CD p Repealed by R1995-01H BC-S8 INCORPORATION FILES ONSITE: P > XREF: Documents incorporation file sets not found elsewhere on this schedule. {9eNNettoreaWis CENTER: 0 O SR CGS 2.8 hesfags;-etc.)May include information related to investigations,decisions,municipal logo, TOTAL: P -O AS 29.05 and official municipal seal. Amended by R1995-01H BC-59 REAPPORTIONMENT AND REDISTRICTING RECORDS ONSITE CURRENT XREF: May include municipal and school district reapportionment records;precinct boundaries:,and CENTER: 0 KIBC(NAB} district,munidpat and State boundary reapportionment documentation. TOTAL: CURRENT None cited Retain until superseded. ; SRGG4d2U a 0 Armend— ry R199501H - AS 29.60 BC-60 CENSUS-RECORDS ONSET& CURRENT ::..••:•. ::- •_.:'•t -:.'::• -.:. •.••:, .::, ,:•r:, CCNTER: 0 .. ' ';-•.- •.••:: : '- :...•...;e TOTAL'. CURRENT Repealed by R1995-01H IN BC•S1 TRAVEL-A000UNA046 Oa 3Y-RS Finance Department retains 0 KIBF:2,15.970 61er1FSetGSe-office . . • .. ;o ,,.. .•-no •.,:••: ••r TA 3YRS travmals. Electronic copies of ED XREF; •... travel documentation for Z ro 244400 SEE EI-48 Travel Accounting Mayor, Assembly, and Clerk's til N SWAP-02 Repealed by R1995-01H Office staff will be retained in by)co 1:41 U-Travel folder. ' 0 y cc i1 Revised 0811912014 JK FINAL PAGE 7 4t y co .PD ce ro co 0 0 C z 0 EXHIBIT D co r9 BOROUGH CLERK - BC = SERIES DESCRIPTION RETENTION FORMAT!REMARKS D BC-62 - 9NSIT€ CURRENT .. ,• . .. . . .. . ..'.:.. : .. TOTAL: CURRENT Repealed by 81995-01H co BC-63 '• - - - - -- - - - 9NSIT€ 3 YRS .. -..:BC-01 Borough Clerk's Office-General Correspondence CE-N-TE-R B CD •- .. . ..•:-: : .. ,. TOTAL 3YRS Cl) . . ... ...:.... . .. _. .. ..- - o be-rewewed. o Repealed by 51995-01H 7 BC-64 -• •- - . -• . •• • -- ; SEE BC-69 Boards, ONSITl 2--Y-PS Mashve-Romd z XREF: Committees,and Commissions CENTER P O KIBC 1.12 .. ..-. ..-. .,' , .. .. .. . TOTAL R SR CG 1 Repealed by R1995-01H cO cp BC-65 - • •- -• • - _- -;SEE BC-69 Boards,Committees, ONRIT& 2 fSS `1 XRER and Commissions CENTER R o KIBC 4,12 ML minutes,bounnay maps,Flier and beard^e'^bers correspondome. TOTAL: R D SR-CG- Repealed by R1995-0114 rs BC-66 • ! • - . ! !; SEE BC-69 Boards, ONSITPu 2-YRS MasN d Ve-Boar O XREF: Committees,and Commissions CENTER R -o 1(IB4,4440n T' ^••tcs,hm.ed'•y aps,5rdiegs,and bo,.Amemr•ersserrespander^e. TOTAL: R SR CC 1 Repealed by R1995-01H BC-67 BOARDS,COMMITTEES,AND COMMISSIONS MINUTES(Including AD-HOC) ONSITE: 2 YRS Lasediche %REF: Regular and special meeting minutes held by boards.commissions,and committees of the CENTER: P KIBC 2.100;4.15 Borough.Includes all service area boards. TOTAL: P SR 2.1 SEE BC-04 Borough Assembly Meeting Minutes SEE BC-68 Boards,Committees,and Commissions Audio SEE BC-69 Boards,Committees.and Commissions Added by 81995-0114 BC-69 BOARDS,COMMITTEES,AND COMMISSIONS AUDIO(Including AD-HOC) ONSITE: 5 YRS Boards,etc.specifically staffed %REF: Audio recordings of regular and special meetings held by boards, commissions, and CENTER: 0 by other Borough departments KIBC 2100;4.15 committees of the Borough. TOTAL: 5 YRS will retain audio according to n SR 2.1 SEE BC-69 Boards,Committees,and Commissions specified retention schedules. SEE ALSO CD-04,EF-12,EF-19,EF-24,and PE-03 Added by R1995-01H m Z w n° co o y ccnn Revised 08/19/2014 JK FINAL PAGE 8 i St J W P3 X co Vr O C_ O m Z O EXHIBIT D (0 BOROUGH CLERK — BC CD S BC-69 - BOARDS COMMITTEES,AND COMMISSIONS(Including AO-HOC) -ONSITE: 2 YRS XREF: Board members applications, affirmations, acknowledgements, notices of appointments, CENTER: 3YRS A KIBC 2.100;4.15 resignations,and correspondence.Includes all service area boards. TOTAL: 5 YRS 2 SR 2.1 SEE BC-09 Boards,Committees.and Commissions Rosters M SEE BC-67 Boards,Committees,and Commissions Minutes a. SEE BC-6a Boards,Committees.and Commissions Audio =' Added by R1995-01H t6 BC-70 BOROUGH NEWSLETTER ONSITE: 5YRS Electronic X XREF; A printed report published after regular or special meetings reporting on agenda items. CENTER: 0 Lasertiche CO KIBC:None cited SEE CLIU-Indexes folder for permanent tracking of Assembly actions. TOTAL: 5 YRS O SR 2.1 Added by R19995-01H C BC-71 LOBBYIST ONSITE: 2 YRS E Ironic 0 %REF: Lobbyist employer activities,reports of activities to APOC- CENTER: 4 YRS KIBC:None cited File includes copies of contract.APOC quarterly reports,and status reports. TOTAL: 6 YRS Z SR None cited Added by R1995.01 H O • to APPROVALS: Initial - Date . n Dept,Records Coordinator Department Head p Records Manager a Manager o Attorney I • A 0 ca 2 ca co co O a A 0 o �. rn Revised 0 8/1912014 JK ANAL PAGE 9 J 93 -a CD CD en 0 C O D Z 0 co EXHIBIT E 91 ELECTIONS EL I SERIES DESCRIPTION RETENTION FORMAT I REMARKS D EL-01 VOTED BALLOTS ONSITE: 0 3 XREF: Completed, challenged, rejected, absentee, and special-needs personal representative. CENTER: 1 MO O KIBC 7.10 Includes spoiled ballots,and voted and partially used ballot stubs.May include all applications TOTAL: 1 MO D SR EL-1 except 6pepialneeds personal representative.(Soo EL 04)Retain one month after election is certified.If election is contested,retain longer per AS 15.15 470. CO Amended by R1995-01H 73 EL-02 CERTIFICATES OF ELECTION ONSITE: 4 YRS CD XREF: Copies of election certificates presented to candidates upon verification of election. CENTER: 0 N O KIBC 7.40.020 TOTAL: 4 YRS E SR C4:-28.2 EL-03 CERTIFICATES OF ELECTION RETURNS(REGULAR AND SPECIAL) ONSITE: 1 YR O XREF: Canvass Board certifications.Receipt from Optical Scan units that reflect individual machine CENTER: P KIBC 7.40.020 numbers; polling place designation: date of election; total votes registered by machine, TOTAL: P Z SR E1--28.3 candidate or referenda:and signatures of elections inspectors,judges,administrators,clerks, and volunteers. Certain certificates that are duplicated elsewhere or do not have archival value may be disposed after administrative/management need is met. CO EL-04 ELECTION REGISTERS AND TALLY BOOKS ONSITE: 4 YRS Cap XREF: Consists of the following registers: precinct, final voting, questioned voter, personal CENTER: 0 'p KIBC 7.30 representative, spesiaMeeds—voting, and absentee voter. TOTAL: 4 YRS SR EL-4 sentested:) y AS 15.15.470 Amended by R1995-01H a EL-05 ELECTION CONTEST ONSITE: 1 YR Retain 1 year after election is O XREF: Contested election data. CENTER: 0 certified. KIBC 7.40 TOTAL: 1 YR • EL-O6 DOJ PRECLEARANCE RECORDS ONSITE: P Black White notebook binder in XREF: Includes request and pre-clearance for election. CENTER: 0 Deputy Clerk's office. SR EL-6 TOTAL: P Laserfiche EL-07 DECLARATIONS OF CANDIDACY ONSITE: 4 YRS XREF: Declarations executed under oath, applications including name, mailing address, office CENTER: 0 KIBC 7.20 declared,residency length,etc. TOTAL: 4 YRS SR EL-7 Amended by R1995-01H AS 15.25.030 EL-08 FINANCIAL DISCLOSURE STATEMENTS ONSITE: 6 YRS Electronic XREF: A4ay-inctdeAPOC financial disclosure reports. CENTER: 0 IN KIBC 249-1-40 7.20 APOC:Alaska Public Offices Commission. TOTAL: 6 YRS SR EL-8{168.8 Amended by R1995-01H m a 2 o co 0 A IN O Revised 08/19/2014 JK FINAL PAGE 1 A 1 s V Cal 03 J X a) 0 a 0 0 z P to EXHIBIT E tD ELECTIONS - EL I SERIES DESCRIPTION RETENTION FORMAT 1 REMARKS 3 EL-09 SPECIAL REQUEST AFFIDAVITS ONSITE: 4 YRS XREF: Do^"moatr Voters requiring or requesting action or special accommodation during an CENTER: 0 a KIBC None cited election documentation. TOTAL: 4 YRS d SR EL-9 Amended by R1995-01H = EL-10 RECOUNT PETITIONS ONSITE: 4 YRS XREF Candidate requests for recount of individual machine or ballot tallies. Includes candiates' CENTER: 0 N KIBC 7.40 reason for request. TOTAL: 4 YRS N SR EL-10 I O EL-11 CANDIDATE LISTS ONSITE: 4 YRS C XREF: Lists of candidates,Data includes name and address of candidate,order in which they w1, CENTER: 0 9 KIBC 720.030 appear on the ballot,office sought,and term of office. TOTAL: 4 YRS D SR EL-11 z EL-12 CANDIDATE WITHDRAWALS ONSITE: 4 YRS O XREF: (^rtiteato of w't"d.awol.lnuludee Candidate statement concerning reason for withdrawal. CENTER: 0 KIBC 7.20.030 Amended by R1995-01H TOTAL: 4 YRS SR EL-12 (COO EL-13 ELECTION OFFICIALS RECORDS ONSITE: 4 YRS XREF: May consist of recruitment materials,interest letters,training notes,acceptance forms,oaths, CENTER: 0 KIBC 7.30.030 and mileage reimbursement requests, and election workers' payment requests. Includes TOTAL: 4 YRS ' - SR EL•13 absentee voting official's documentation. > Amended by R1995-01H _ O. EL-14 VOTING DISTRICT DESCRIPTIONS.MAPS,AND STREET BOOKS ONSITE: 1 YR Laserfiche •OO XREF: Descriptions of election precinct boundaries and maps indicating current voting district CENTER: P KIBC 7.30.030 boundaries and numbers. Street books consist of alphabetical lists of streets(and house TOTAL: P SR EL-14 numbers where street encompasses mote than one district) providing senatorial and I representative numbers. EL•15 I CAMPAIGN DISCLOSURE ONSITE: 6YRS XREF: Documentation where muneoa_ites must report to APOC when money is spent on CENTER: 0 SR EL-IS information campaigns- TOTAL: 6 YRS Amended by R1995-01H EL48 ELECTION PAMPHLET AND PUBLICATIONS ONSITE: 4 YRS Laserfiche XREF: Municipal election pamphlet summarizing candidates and issues.Copies of news publications CENTER: P Historical KIBC 7.60 for municipal elections including copies of affidavits. TOTAL: P Amended by R1995-01H. 'A EL-17 ELECTION RESULTS—OFFICIAL ONSITE: P Laserfiche XREF: Resolutions with detailed election results. CENTER: 0 Historical -O KIBC 7.40.020 Added by R1995-01H TOTAL: P N ei N Y o Revised 08/19/2014 JK FINAL PAGE 2 ~'I a n. 01 it J. CJ 74 73 cD to 0 0 r z 0 to EXHIBIT E P 0 _ APPROVALS: Initial Date • Dept.Records Coordinator . 3 Department Head CD Records Manager Manager 5 c1. Attorney to 2 tn N O C_ 0 z 0 m 0 cn o_ 0 0 n rn co v D CD n Revised 08/19/2014 JK FINAL PAGE 3 CO AGENDA ITEM #13.B.2. KODIAK ISLAND BOROUGH ,r i �"� AGENDA STATEMENT SEPTEMBER 18, 2014 lk,i.4 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak Island Borough. ORIGINATOR: Dora Cross FISCAL IMPACT: FUNDS AVAILABLE: Account Number Amount Budgeted: SUMMARY STATEMENT: KIBC 3.10.190 ordains that all Kodiak Island Borough fees be reviewed on an annual basis. The last fee resolution was reviewed and adopted on June 2013. These fee changes are more inline with the budgetary needs for the 2015 fiscal year. RECOMMENDED MOTION: Move to adopt Resolution No. FY2015-02. Kodiak Island Borough Page 44 of 451 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... AGENDA ITEM #13.B.2. 1 Introduced by: Borough Manager 2 Requested by: Finance Director 3 Drafted by Finance Director Introduced on: 0911812014 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2015.,02 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 11 REESTABLISHING THE FEES OF THE KODIAK ISLAND BOROUGH 12 13 WHEREAS, prudent financial management dictates that an organization review its fees on 14 an annual basis;and 15 16 WHEREAS, Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on an 17 annual basis;and 18 19 WHEREAS, it is recognized that if a service or program benefits only a select individual or 20 group of individuals, those individuals or group of individuals should pay for the service;and; 21 and 22 23 WHEREAS, staff has compiled a list of all current fees; and 24 25 WHEREAS, staff has recommended changes to the current fee schedule for fiscal year 26 2015 as shown on the attached exhibit. 27 28 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 29 ISLAND BOROUGH: 30 31 Section is The attached exhibit of schedule of fees shall become effective on October 1, 32 2014. 33 34 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 35 THIS OF ,2014 36 37 KODIAK ISLAND BOROUGH 38 39 40 41 ATTEST: Jerrol Friend, Borough Mayor 42 43 44 45 Nova M,Javier,MMC,Borough Clerk Kodiak Island Borough,Alaska Resolution No.FY2015-02 Page 1 of 1 Page 45 of 451 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... AGENDA ITEM #13.B.2. a r A. t .�: KODIAK ISLAND BOROUGH,ALASKA FEE SCHEDULE Effective ! ^,2^013 October 1,2014 Contents Page Miscellaneous Services Title 3:Revenue and Finance Title 6:Animals will assign page numbers Title 8:Health and Safety when additions/deletions Solid Waste Collection and Disposal completed Title 15':Building and Construction Building Permits Electric Permits Grading Permits Plumbing Other Title 16:Subdivision Title 17:Zoning Title 18:Borough Real Property Page 46 of 451 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... AGENDA ITEM #13.8.2. Nmliak Island Borough,Alaska FY-14 FY2015 Fee Schedule Effective 47-6I-24la 1041-2014 AC gS soon.nos `q ECG REASON ICI 1 eg a lere.Semen So Longer Used ▪ 'will - �n ...0rro D ,•% $2400,nn . RAROC $Omeeent4-an4Apr4-SII4 ,% 1WOp6Op_410- Oo �YCOMMU 1154 000 100110E FIRE STATION COMMUNITY TRAINING CENTEF copy Si FUe Repo,ls 51x.100 One-roll of Ttainmg Cemer,pee hall day llhi nrs mar 40 people 825 00 OnMalt o, Renrng Center,par day lUlo him max aa peeple $25 00 Res Tta mmg Cemer,per halt nF hqmax SO people 10000 mn Full Trarg Comet,par am I6.10 nn m . a. 0 people 150 00 RelundoLe Cleaning Depose 150 00 Non II oym dapem and puWrc safely agen les who en no'charge a tee for the acl,vrty bang conduced mayapplY fo a wavere(T inns Center use lees BOROUGH B0101/00 Code,Complete B0101/00 [ES $200 00 SuEMFM 01a/1"wneum Fee- 525 00 Tale 15"complete 0750 Tale 16,complete pages free,00251hetealrel Tae 17,complete test 20 pages free.$025 meeeaflei BOROUGH RECORDS 2002 Comprehensive Plan(bland copy 510000 dro Aecommg CO 05 00 Audio Recording(vent by email charge Certified copies(do ndu1e copycharyes 045500 Copy,scan single rile to CD of DVD,per disk/includes large sole maps/ 55 00 Copies,per page first 20 pages free, 50 251hereaflei Comprehensive Plans,paper 525 00 GNb4cIaMsWCOFmAINFARNAIMAXIIAC-O4 Oc4(D Duplication Rxeu44444.AaYwYUS GysaU krRoo pn,an 060 General Seances GENERAL SERVICES Copies.per page,general pudht $0 25 Copies per page,govemmen:and nomproeA: 50 05 Electronically Reproduced Records(hem copy to electmnm first 20 pages tree, 1025 thereat.Update mbgy Electronically ProducedRteJAed Records/originally ele0VOdre no charge Delivery Opt. Interest on Miscellaneous Accounts 12%annually s er,Liquor License 5100 pee Non-Filing or late filing Fee!or Special Toes/Severance end Bed 550 per slag NSF Check Fee 125 TO ones,serves iv ery First hours eeO4000 per Ivthereaftel Research s a mls Fee set at 54000 per hl we Transfer r $2500 Note ' KIBC 240060 authorizes the selling of fees for camglafon or crealmn or records(Vara arra/70s) The artrlrary amorxnt of PO per nouns an average of Clerks Office s(aphoudy wage andoene(lo'<16C 240040 poles that we cannoteaceedlhe actga'saw.aodbenele cost AV 0ersonne Pme RODIAK FISHERIES RESEARCH CENTER(KFRCI Minn Lobby(upstairs/doom-fee inc10011 large conference room( 1250 00 Relundaos deanmg deposit main bah, 5300 00 Large Conference Room 550 00 ping deposit large conference men 550 00 small C• on c fe ence Room 140 00 Relundaore cleaning deposit small conference roan $30 00 Notex Non pmlil aryanisahons andpuolrc safely agencies vitro do nor Marge a lee for the aclinry pang conducted may apply for a waeveroI I(FRC lees Page 47 of 451 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... AGENDA ITEM #13.B.2. Kodiak Islantl ssoogb.Alaska GY44 FY2O15 Fee Schedule Effective a'nl`n'uo 01-2034 REPRODUCTION AND MAPPING COSTS: GIS services(1I1 nt mnlmum $60 OOMe P nm LCopi es Bond 51.00 sq n Semi Gloss 5200 so n Mylar S]ODSU E SSX11 inR first 2O pages free, SO 25 thereafter 11 X 17 ince Iasi 1O pagesleee 5050 thereafter Nola No..pygmy or commepeal use except for reference TITLE 3:REVENUE AND FINANCE SPECIAL ASSESSMENT AND PROPERTY TAX Foleyosuee/Aooeeey Fee actual cosl Public."n Fee actualCOSA Redemption Certificates actual cost Add Fee to Pvgssed SchMJe 12%annually Penalty 10%one time charge TITLE 6:ANIMALS Animal Control Crveny to Animals 1s ry andalo co 2nd offensse MaedaSey court appearance 3rd offense mandatory court appearance 57540 --- sadSO P nes have been mmed ma Imp eD separatexyMcie xay 439 52F50 55560 SA2m .>'.d a(°6rnw%PI ft 15 $YS0 55240 6zs9 54.540 8250 imals 2119-00 Vicious Animals 1st affen mry court aPPearanet led offense gory ca led mandatory corm app l appearance +a M/64a45484 525-50 "A^ v 55540 F to a 58250 separate sunny% SiA wpalxl fasaPw11GB6541434 f.7-Jl- I 52250 -Xticl4asa 55549 66259 ✓1.A. rr.rlur..e-c nn non, SKA --D-,n6alemse 647-99 WSJ Boardlea Fees SMall is(cogs,c sc t Pereal 5500 Le ge animals(cows,emseg 61c.3 Per tla1 550 00 License Fees xle DoG year 53500 eu ele ooff per year 53500 N r and Spayed Does.om yea 51006 D upl...Tag e 5500 Mueellaneoes Fees ▪ ea vacanavons Deoom(Pet"r s shdame 52000 Ado oncmdea nee%m seer.amt.met,license actual..at Page 48 of 451 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... AGENDA ITEM #13.B.2. Kodiak Island Borough,Alaska 04144 Fy2015 Fee smedule Eft e[rve 07-04-2-044 10-01.2014 -TITLE S:HEALTH AND SAFETY SOLID WASTE COLLECTION AND DISPOSAL Appllaa n ^ ar ..� r rn APPne eOm ommge Refrigerators,tesmen uI u charge Ameslos D,Npcaal Inure[e Wavered in"oaten.0rm a0Weane regwasSesl x20000 minimum,$200 00/op Batteries Batteries.residential charge Lead Attie Batteries.mmmemal 55 00 per large.53 00 per small Litho"'Batteries 56 00 per Gnu,12500 0 per small Cart Service Fee 525 W per Incident New Fee Commercial Garbage $20 00 minimum,514600 5107 Canon update Fee Pate C Wn/Denmlaen DOISlepodeiuelkomme5nonpune17%o mna0 53000 mrnrmumiSi36W 0107 00/ton Update Fee Bate Fining Dear-0ehandne05110 mn.I km,cruet,ic,„eieD e,„cume axed 54w47 51870vmn update Fee Rate Equipment Usage to 00 Load Customer Waste USCG 5100 00/hour,525445100 W minimum drale Fee Rae Garbage Truck Of Borough COaceon Contractor 5"n nn Rt$700M1On Update Fee Pate Garbage truck of united states Coast Guard Contractor 1130605187DINOn ursr,re We Rae Household Hazardous Waste-40 pound limitemonth Net charge Greater Than 40 Pounds per Month 51.00/1b House Trailers Imeazund per trailers longest dimension) 52500111 Incineration 54S05300/Ib 5-4444 530 00 minimum Update Fee Rae mnpeaeon OI Animals-weeeatmnrvp to 200 ngunde) $200 00 Note Nome a are Incineration of Animals 5 p nc ne eW Ontl.au euthandedt no a ny lee only s t m tend Ind 13 0068.530 00 minimum n of Medica0nleNOUS Waste-under Go pounds 55000 minimum,5300/18 Incineration of MedSeltnfeNUS Wes - ver 10 pours S40-00.55500m ,5440518006 over 1018 Update Fee Rate incineration of Regulaed vessel Waste 585 00 minimum r 5240 53M C b ever 10lb Update Fee Paw Lendfillingof Regulated Vessel Waste 5'en W S187MM1On update Fee Rate Metals 5275 00/Ion($0.1370/IOn Oki Used 011 wmmercral 53 00/gal Used Oil-residen0al-5 gallons pet mcnth harge no Used OJ-resideeoal•Greater then 5 gallons gel meets St 50401 Res dent1a1Oarbagelby y obmodl er pickup ctrl�up to SdOIbs charge 001 pounds en greaten passenger 80 ro 5157 dA4on Update Fen Role Sludge Disposal 5'e17^^415700/Ion Update gee Rote Tres-commensal _ 0^510700/ton Update Fee Rae Uncovered Loads-addNOnal cbarge $35 00 D.el scat to/Dbwn a eeruged Welghl 51500 per ticket 4e3mIes 547500 per vehicle N Cedernmenlal aslomes,ws,Deservedby"name mmpany by came negofra/on for sonoce Feesued betel.bored and corrected by that temper,y • Comore ael and reside/Ma Bead marl@ melenals corrected by the(Meted Slates Coast OUad,Or epresentalrve.for disposal aI the NadaklWWand Borough landfill mg be charged at Ise lime of dvpoael al the bee esta0115ned in rnrs/tie schedule The nd Boough fief l mvwae the United Shales"ear Gard fir al tan any Po/eon"hose pea he dupon bylhepaNes Feezasson sled AM oler waste dispose/Bpuon swill barged eased onlhe appicme mee represenedm na amedale Eines eeba ( .. (e _ mynassmeau p .,,n ro rev.ea .,..r,r .. ._ n n a• .._.,w (( n o •Companres mndudtrng eommetal,n0ueblal andinebfueenal demdtm projects need to separaie Them waste into metal and non-metal loads(Axed 'gads mu not be BeCepled etthe/aneo/I MaNSm and or aolea prepared man ceplamem r.Tani.must be Gamed of all fluids and roped dean.Tanks Wader SWgakns must an le"a n.Tanks over 500 gallons meal have one end out of fend taped clean.ranks 7 00510 gallons am 5redel must contact En geenng.Faoury slat(la dscuss acceptable mlena Fahing came must be rut Into 3' englhs om e e.erman lee'.r wideana 5'h;gn hey axe"Beated nom 001-melalmermN legmaoen mm hoecelednul domomen6 •Non-pant organlzaboe oo be allowed Ire Mapoee/of self-hauled household reshdanoel stale of to I,oW Ibsheek.Disposal of large gems leg. Heete .take/uM he maryea ar me Be fee Sehedufie •COm /.lea rca nd/ora mNlwnarygen ratOrLMOgeneraleh02ardousrvlete must 0.10000 ennrolmenIM company to progeny eonndf bl�eme h .. _.. .... .. ... .. . .. .. .. ... epee heee ceps repeee to «, o spee Mir. a_( . e/ t.e. e . separate xeeea Denied nt Resmenfral Was le-Waste generated from your home(/or example,household garbage.bulky menu such as lumuh/ngs and grass/lean oppnge)11 aNUes mmemel wag,d Co -llaorwmnL and,nduabial orgenrzao0ru tie mntao0e and ouanesses conlu[eng wwklor[enrpensalion,ndnee bane,. Reoulaled geue/wove-Waste nom vesaelo mat haue been madded byte S Customs d gorge,P/seeciron OMCe must be lansponed by a comMlm¢e radv Me landfill and may be landoled Waste from vessels the nave not been repecred.eet beva opened ey a aam0anne harder and must be monera,ed Page 49 of 451 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... AGENDA ITEM #13.B.2. Kodiak Island Borough,Alaska 1001152015 Fee Schedule Effective 07-111-2111-3-10-01-2014 TITLE 16:BUILDING AND CONSTRUCTION BEADING PERMIT FEES m P Fees value=up to 1500 00 01500 value=$50001•52000 00 51500 for the first 5500 plus 1300 for each additional 1100 OC ur fraction thereat,to and including$2,000Of value=12,000 01-525 00 14500 for the boot 52,000 00 plus as 00 breach add-bona 11000.00 or tool an thereof,to and including$25.000 OC value=125 000 01-050000 00 525200 for the first 525,000 00 plus 16 50 for each addLona S1,000 00 or,act on thereof,to and including$50.000 CPC .810E 0550 000 01-4100.00000 1414 50 for the first 550,000 00 plus 14 50 for Pan ed0mona 51,000 00 or hanon thereof,to and including$100000 00 0010e=5100,000 01 to 5500000 00 1639 50 for the NW 5100000 00 plus 13 50 for each aa4NOro 51000 00 or 5aNUn thereof,to and including$500,000 05 value.5500,000 01 m 51,000 000 00 52,039 50 for the first 15130,000 01 olua 13 00 for each additional 5100000or fronton thereof,to na lnoud,nc 01,00050000 value=51 050000 01 and up 53,539 50 for the first 01000,00000 plus 12.00101 owl additional 5100000 or fraction memo Mlles or perm ✓Ibe bas ed 000mwa P00e0 OF m The eeseoae olamlSacepna.the Swirling veluabon Daley published.by I CB Building Standards ELECTRIC PERMIT FEES The following schedule of lees shall apply to all electrical work for which a pemut n required NEW CONSTRUCTION ELECTRICAL WORK S,ngla 00805 old 0011em Temporary Wort Service Permit 530 Residential Smg1e Famuy-new 000.00 Duplex.new 5100 00 Additional wing,remodeling 15,oental only 03000 ALL OTHER ELECTRICAL WORK issuance of pen, 535 00 Each Fixture/Duplex OuI,VIndwidual Swat/Emergency Light 5125 Olen n w Installed 5100 Each Power Outlet 00 11.001lcal SeMCe to 200 amps 520 00 Electrical Semite con 200 amps 53000 Each Am F100[111g011st light 520 00 Each Additional Fbodli0ht 5500 Generator per kw.Output 5100 Tonf formats 5400 OF"O.. 0500 hp and above 52000 TralnsfeobWnmees-manuelnd 5500 -automatic 01000 Electrical S,ynse5 520 00 Trailer Courts-each space 550 00 Each Aaan,0na1-s permit SI000 Temporary Services 35 00 Environmental Control Devices per OuSeWnI 5125 The fellemng schedule of fees snail apply to all e,ectnrel work for0T,ch a plan„w„.,,8501rt0 50 00-5500 00 53500 5 501 00-11,00000 10000 5100100-3300000 5100 W 5200100.13000W 515000 53,001 00 14 000 00 5200 W 04,001 00-16,000 W 5250 W 5600100-up $30000 When extra inspectors are made necessary 0y reason of defect vework.d of me holder come pmm4.Or mm homers 01fi001 sef,ng forth Mewonhory dory onesuch extra inspeclonoshall be made under me regular fees as prre cr,bed of Fpr each further extra inspen,on for which me holder or the petal or employee is entirely responsible fees charged as follows: /WM The buidingdepeomenl shall new fa,pees.,of such weds a maximum of len wrong days fallowing thedate shall Frio Inspection $40 Second lnspecton 15000 Each Additional Inspector, 10000 Eletlac Penns After Walk has Started 2 x me published amour Page 50 of 451 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... AGENDA ITEM #13.B.2. Kodiak Island Borough,Alaska P344 E72015 Fee Schedule Effective 0'311'l3 3001.2054 .TITLE 15(BUILDING AND CONSTRUCTION(coned) GRADING PERMIT FEES'. 50 cubic yards 52350 515/100 cy 53700 101 to 1,000 c y. 537 00 for 1d 100 cy.117.50 for ea additional 100 os 10011010000 c.y. 5194 50 ro,1a 1,000 cy a sa 50 rob ea additional 1,000 cl 10,001 t0100,000 cy. 5325 00 for 1st 00,000 c1-566 00.for ea add/Ona110,000 ca 100,001 cy.or more 091900for 1st 100000 cy,53650 GI ea add 10000 cy The lee fOr n grading De,eIl auNOnvng addIthcnal woe*la thal under a valid perinrl shall be IIIe OMe,ence delneen the fees paid tor the onglnal perm,. and we lee sown for the encre pm/m,EE OTHER Addipo a9 Plan Review Required by Changes.-/4/lions m mansion to approved plans 1113 hr min) 55000/hr Appealsand Eeceplmns 535000 B/14PB oemoILOn Pea 54000 °IAEA°,Pmmn Fee.lino lee when Included Hdldg permal 53500 Inspections Which No Fee is BpeoM1relly Indsated 54000/hr Inspections Outside Notmal Business Hours(per hour,2 he mnl 07000 Assessed Under Prw of Section 3050 5400mn W)Per Right c1 Way ROW)Permit m,Driveway Pccesa s1000o PLUMBING PERMIT FEES: Additional Plumbing Remodeling.resmental cnl $3000 Single Family and 0/s■oes lease fee/ Ne.Duplex 10000 New Residential Eagle Family $1050 Plus the Following Add.LOnal Charges Earn Plumbing Endure $100 Earn Gas OWet 55 00 Each Water Heater and Hot Water Boiler(per 1 000 btu) 50 20 Automate Sniveler 5yslems Iper head) 5150 Plumbing Alteration'Goff Iper outlet) 57.00 All Other Plumbing wee 535 00 Plumbing Permits After Work has Stared 2 rthe published amours Page 51 of 451 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... AGENDA ITEM #13.B.2. Kodiak Island Borough,Alaska 1544 PY2015 Fee Schedule Elfective 8104281310-01-2014 TITLE 1Si SUBOIVISIONS SUBDIVISION FEES e tedlAlpuot Pan Plats 530000 Approl Appeal to Commbly $20000 Appeal to commission sz0000 Appeal Record Copy, Dec per page 5500 Renew of P82G Decision pa 320 00 Vacations 53515.00 Inspection Services-Genera personnel Costs-strait time 5400000,0 Personnel Co.K-overtime $560000,, Personnel Casts-double time 5)30000,, Vehicle-hours $0 30mr Verde-mn 50 ea9e 3000% vevde-edminrsntive fee 10% nspedlan Services-Subdlsmn Road and tldlny Improvement(per lineal f. lAWFAFAVG4 Vt 10012000! 83 50/11 Improvements b,13 lots and more $200V1 m Fm s(s Approval Services: Submit%a 520000 Subsequent Redews 467200 Plan Review services: Additional Improvement Plan Revrevr_ 510000 Improvement Plan Review a ual con Meal and Final Aar 120.00 See Grading Plan Rene,. 825000 0 nary Plots Creating Creating 12 rots 835000 13 to 50 Lets 5350 00.520.00 for each additional Ira aver 12 Over 501ots $1 110 00 511 00 for ead%additional list over SC Waivers 17500 TITLE 17:ZONING - -- -- - Aft.,the last Zoning complInx Pemma 2 a the published amours Appeal to Board of Adlustmenl 5350 00 Pope 35000 Appeal Record Copy.Per page 50.15 Cons.aonal Use Perm. 8250 00 Orher P0Z Screening Approval 5150 00 Postponement at Pettioners Request-public heaping 50e00 5100 00 Postponement at Petition/s Request-non-public heam9 item 525 00 Reoew or Pszc Decision 5150 00 vanance $25000 Zon g Change Per Less%aft 1 515 aces 5350 00 1 7e to 500 acres 5750 00 5.01 to 4000 acres 11000.00 4001 acres or more 01,50000 Zoning Compliance Penne_ Less 5100151 75 acres 530 00 1 7610 500 acres 050 00 5 DI to 40 00 acres 90 00 4001 acres or more 512000 TITLE 1$:BOROUGH REAL PROPERTY , Land 0ls70511 Ap olkanan 5350 00 Land Use Permms-annually 5250 00 %Venal Sales royalty for per cubic yard-annually 5200 Wcca Gutting Permits-annual% 52500 Page 52 of 451 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... AGENDA ITEM #13.B.3. /C,;:#,>> KODIAK ISLAND BOROUGH AGENDA STATEMENT • '`a SEPTEMBER 18,2014 t ,y. 3 ASSEMBLY REGULAR MEETING o ` TITLE: Resolution No. FY2015-09 Accepting the Recommendation of the Planning and Zoning Commission Approving the Disposal of Lots 11-14, Block 4, and a ± 29,979 Square Foot Portion of Tract R-2, Killarney Hills Subdivision, Comprising Approximately 1.6 Acres of Borough land, as Land Surplus to the Public's Need, and Subject to Disposal at Fair Market Value(P&Z Case 14- 022). ORIGINATOR: Jack Maker FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Borough Resource Management Officer has identified land that may be suitable for disposal at a future land sale. The land includes four(4) parcels that were initially scheduled to be sold during KIB Land Sale No, 18. These lots were withdrawn from the sale to further investigate details for connection to public sewer and to research alternative designs that would expand the disposal area, while providing separation from the adjacent ball field. A conceptual design has been developed that incorporates a portion of an adjacent parcel to increase the number of lots from four(4)to nine (9). The lots will be smaller and configured to provide more separation between the rear lot lines and the ball field. With nine(9)lots, it will be less costly to connect to public sewer,which will make the lots more affordable for individual buyers. Should the disposal be approved, the final design will be perfected by the recording of a plat using the procedures outlined in Title 16 of the Borough Code. At this primary stage of review,typically all that is required is a determination by the Assembly that the identified lands are surplus to the Borough (public's) need. There is no adopted plan guidance indicating a need for these lands to be retained by the Borough. The Commission held a public hearing on this request and found the request to be consistent with the goals and objectives of the Kodiak Island Borough Comprehensive Plan. RECOMMENDED MOTION: Move to adopt Resolution No. FY2015-09. Kodiak Island Borough Page 53 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. •1 Introduced by: Borough Manager 2 Requested by: Planning and Zoning Commission 3 Drafted by: Community Development Staff Introduced on: 09/18/2014 4 Adopted on: 5 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO.FY2015-09 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 11 ACCEPTING THE RECOMMENDATION OF THE PLANNING AND 12 ZONING COMMISSION APPROVING THE DISPOSAL OF LOTS 11- 13 14,BLOCK 4,AND A ±29,979 SQUARE FOOT PORTION OF TRACT 14 R-2, KILLARNEY HILLS SUBDIVISION, COMPRISING 15 APPROXIMATELY 1.6 ACRES, AS LAND SURPLUS TO THE 16 PUBLIC'S NEED, AND SUBJECT TO DISPOSAL FAIR MARKET 17 VALUE(P&Z CASE 14-022) 18 19 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed 20 disposal of Borough land to be reviewed by the Planning and Zoning Commission 21 before submission to the Assembly;and 22 23 WHEREAS, the Planning and Zoning Commission is required under KIBC 18.20.030 to 24 make a recommendation on the disposal by resolution before it is forwarded to the 25 Borough Assembly;and 26 27 WHEREAS, the principal purpose of the Commission is to consider if the land identified 28 is surplus to the Borough's need;and 29 • 30 WHEREAS, lots 11-14, Block 4. Killarney Hills Subdivision were previously approved for 31 disposal, but were withdrawn from KIB Land Sale No. 18 to consider expansion of the 32 disposal area to include additional land not previously considered for disposal by the 33 Borough Assembly; and 34 35 WHEREAS, the Planning and Zoning Commission has found that the parcels identified • 36 below for disposal are surplus to the public's need based on its review;and 37 38 WHEREAS, the Planning and Zoning Commission held a public hearing on August 20, 39 2014 and is recommending the disposal of the parcels listed below. 40 41 NOW,THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH that: 43 44 Section 1: The Kodiak Island Borough Planning and Zoning Commission, in 45 accordance with Title 18 of the KIBC, recommends disposal of the 46 Borough's interest in approximately 1.6 acres of land identified as Lots 11- 47 14, Block 4, and a ±29,979 square foot portion of Tract R-2, Killarney Hills 48 Subdivision as described generally in the staff report for Case No. 14-022. Kodiak Island Borough,Alaska Resolution No.FY2015-09 Page 1 of 2 Page 54 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. 49 SO Section 2: The Planning and Zoning Commission, in accordance with Title 18 of the 51 KIBC. has determined after a public hearing on August 20,2014,that the 52 aforementioned properties are hereby surplus to the public's need. 53 54 Section 3: Upon perfection of the subdivision by the recording of a Final Plat, the 55 aforementioned lands should be offered to the public for disposal in a 56 subsequent land sale. 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS DAY OF 2014 60 61 KODIAK ISLAND BOROUGH 62 63 64 65 ATTEST: Jerrol Friend,Borough Mayor 66 57 68 69 Nova M.Javier,MMC, Borough Clerk Kodiak Island Borough,Alaska Resolution No.FY2015-09 Page 2 of 2 Page 55 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. 1 Introduced by: Requested by: v Drafted by: 3 Introduced on: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 PLANNING (i ZONING COMMISSION 8 RESOLUTION NO,FY2015-02 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING 11 COMMISSION RECOMMENDING THE DISPOSAL OF LOTS 11.14, BLOCK 4,AND A 12 s 29,979 SQUARE FOOT PORTION OF TRACT R-2,KILLARNEY HILLS SUBDIVISION, 13 COMPRISING APPROXIMATELY 1.6 ACRES,AS LAND SURPLUS TO THE 14 PUBLIC'S NEED AND SUBJECT TO DISPOSAL AT FAIR MARKET VALUE. 15 16 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20,030 requires each proposed 37 disposal of Borough land to be reviewed by the Planning 8, Zoning Commission 18 before submission to the Assembly;and 19 20 WHEREAS, the Planning & Zoning Commission is required under KIBC 1820.030 to 21 make a recommendation on the disposal by resolution before it is forwarded to the 22 Borough Assembly:and 23 24 WHEREAS, the principal purpose of the Commission is to consider if the and identified 25 is surplus to the Borough's need;and 26 27 WHEREAS, lots 11-14. Block 4, Killarney Hills Subdivision were previously approved for 28 disposal, but were withdrawn from KIB Land Sale No. 18 to consider expansion of the 29 disposal area to include additional land not previously considered for disposal by the 30 Borough Assembly;and 31 32 WHEREAS, the Planning ,5 Zoning Commission has found that the parcels identified 33 below for disposal are surplus to the public's need based on its review:and 34 35 WHEREAS, the Planning & Zoning Commission held a public hearing on August 20, 36 2014 and is recommending the disposal of the following parcels 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH 39 PLANNING AND ZONING COMMISSION THAT: 40 41 Section 1; The Kodiak Island Borough Planning & Zoning Commission, in 42 accordance with Title 18 of the Kodiak Island Borough Code, 43 recommends disposal of the Borough's interest in approximately 1.6 44 acres of land identified as Lots 11-14, Block 4,and a s 29,979 square foot 45 portion of Tract R-2, Killarney Hills Subdivision as described generally in 46 the staff report for Case No. 14-022. 47 Kodiak Island Borough Planning and Zoning Commission Resolution No,FY2015-02 Page 1 of 2 Page 56 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.8.3. 48 Section 2: The Kodiak Island Borough Planning & Zoning Commission, in 49 accordance with Title 18 of the Kodiak Island Borough Code, has 50 determined after a public hearing on August 20, 2014, that the 51 aforementioned properties are hereby surplus to the public's need. 52 53 Section 3: Upon perfection of the subdivision by the recording of a Final Plat, the 54 aforementioned lands should be offered to the public for disposal in a 55 subsequent land sale. 55 57 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING 58 COMMISSION THIS 20"DAY OF AUGUST 2014. 59 60 PLANNING AND ZONING COMMISSION 64 64 ATTEST: Alan Torres,Chair 65 66 67 ... .t>l.�t tai 1 ...... 68 Sheila Smith,COD Secretary • Kodiak Island Borough Planning and Zoning Commission Resolution No.FY2015-02 Page 2 of 2 Page 57 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. ;4r-fir,.. Kodiak Island Borough t t "'(.,---,-.7„., ,::��` Community Development Department ,J � 1 710 dill Bay Road 42 P iiR,k r Kodiak.Alaska 99515 IC r' s Phone(907)486-9363 Fax(907)48 9396 +s6 �" u=WW10d12ikak.us August 21,2014 Mr.Bob Scholze,Borough Resource Officer Kodiak Island Borough 710 Mill Bay Road Kodiak,AK 99615 Re: Case 14-022.Request a Land Disposal review to consider disposal of Lots 11-14,Block 4,and a poison of Tract R-2,Killarney Hills Subdivision(KIBC 1$20.030). Dear Mr.Schulze:. The Kodiak Island Borough Planning& Zoning Commission at their August 20.2014 regular meeting determined the property is surplus to the borough's needs and granted approval by resolution with a recommendation to the Assembly_ The following Findings of Fact were adopted to support of their decision: I. The commission has reviewed the proposed disposal and finds the land to tic surplus trt the public's need. 2. This disposal will accommodate the community's need for additional land m facilitate residential development. 3. This disposal is consistent with the Comprehensive Plan implementation action of identifying an adequate supply of land in each community to meet future residential and other land development needs. The commission's resolution, recommendation, and other packet materials will be forwarded to the Assembly, Please contact the Clerk's Office at 486-9310 for information on when this item will he scheduled to be heard by the Assembly. Sincerely, zi_____ Robert H.Pederson,AICP Director.Community Development Dept. CC: Nova Javier,Borough Clerk Planning and Zoning Commission Page 58 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.8.3. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES APPLICABLE TO CASE NO. 14-022 August 20,2014Regular Meeting 6:30 p.m,in the Assembly Chambers PUBLIC HEARINGS B) Case 14-022. Request a Land Disposal review to consider disposal of Lots 11-14, Block 4, and a portion of Tract R-2, Killarney Hills Subdivision (KIBC 18.20.030). The applicant is the Kodiak Island Borough and the agent is Robert Scholze, Borough Resource Officer. The location is NHN Woody Way Loop(Lots 11-14, Block 4) and 3235 Rezanof Drive (Tract R-2) and the zoning is R2-Two-family Residential. Maker reported this request is for a disposal of public lands at fair market value. This new request expands the area of a previous land disposal that resulted in the creation of Lots 11-14, Block 4, and Tract R-2, Killarney Hills Subdivision. Lots 11-14 were scheduled to be sold during KIB Land Sale No. 18 but were withdrawn from the sale to further investigate details for connection to public sewer and to research alternative designs that would expand the disposal area. The Borough Resource Management Officer has developed a conceptual design that expands the disposal area from.91 acres to 1.6 acres and increases the number of lots from four to nine. Staff recommended the commission forward this to the Assembly with a favorable recommendation. COMMISSIONER RICHCREEK MOVED to adopt Planning and Zoning Commission Resolution No. FY2015-02 recommending disposal of Lots 11-14, Block 4, and a±29,979 square foot portion of Tract R-2, Killarney Hills Subdivision, to facilitate creation of up to nine (9) lots to be sold to the public at fair market value (KIBC 18.20.100.A); and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No. 14-022. Close regular meeting &open public hearing: Kathy Huling stated she was confused on the lots being subdivided and was concerned about if it was coming through Murphy Way. Director Pederson stated this action expands the area and reconfigures these lots so there are nine lots, and the four existing lots wilt become five lots and then the others will be taken from the larger lot shown. Murphy Way is a platted Right-of-Way and it could be part of the discussion for the overall Tract R-2 in the future. Bob Scholze, Borough Resource Officer stated where the original four lots existed was going to require the installation of public water and sewer in Woody Way that would have been premised on pushing sewage uphill which was suppressing the value of the lots. 'The Assembly was interested in pursuing a design that would make individual lots more readily available to individual buyers. This design would take advantage of gravity with the sewer. Close public hearing&open regular meeting: FINDINGS OF FACT 1. The commission has reviewed the proposed disposal and finds the land to be surplus to the public's need. 2. This disposal will accommodate the community's need for additional land to facilitate residential development. 3. This disposal is consistent with the Comprehensive Plan implementation action of identifying an adequate supply of land in each community to meet future residential and other land development needs. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 8/20/2014 P&Z Minutes Page 1 of 1 Page 59 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM 7-B P82 REGULAR MEETING.AUGUST 20,2014 KIB Location & Zoning Map AN` Location and Zoning Request:AaelICIDisposal review to consider disposal co Case No.14-022 ilit 11.14,Block 4,agje portion of Tract R-2,Killarney Applicant:Kodiak OnglElorough IMbSubdivision{KIBC 18.20030{. Agent:Robert Soholze,M Note:ittai disposal Dm create up to.nine(9) lots Q•psale to at fair U SW12J \ f ✓ s 9 "%E.- TRACT'S „..7—, P� e 13- ry 'Sr ry..=, TRACT Ant: a 0 c;::\ •pO c y 3�\�1" I ,`s yo- I S4ny1,1 , ,t, 1 s p e cb P ^ \ b 6 Ny © O % ry z Ga ."° P P O` 313-d A `d 1 ,T ry o ry ry w co i 0 P Ae' a' p Legend 4 Murphy Way Q Deposal Area zoned R2 l'7 9 1 ry ry P A-5-2/ 'r ^ .. ��// PI�n, �� .1. /.,�'3 yr:IN e°/ G Zoning Legend i I Public Use Lands I .1 Rural Residential 1 I I Multi Family Residential Q Light Industrial ®Watershed Q Rural Residential 2 ®Business Q Rural Neighborhood Commercial i 1 Conservation I I Single Family Residential ini Retail Business =Urban Neighborhood Commercial I Rural Residential ( I Two Family Residential 0 Industrial ¶-n Natural Use Kodiak Island Borough Gl5 Community Development Department ====Access Roads Inn/nom.kodiaisak us/us (90])486,9337 uav me amn tn�ema w any�aeenapumum roeai�.asamam�. f ;yi unansvuned Rest of wavy Case No.14-022 Introduction Page 1 of 2 Page 60 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM]-B P.S2 REGULAR MEETING.AUGUST 20 2014 Image Overlay Request:Ai Disposal review to consider disposal cg' Case 114-022 Lots 11-14,Block 4,and Q portion of Tract R-2,Killarney Applicant:Kodiak Island Borough Hills Subdivision(KIt3C 18'20.030). Agent:Robert Scholze,RMO Note:The intent of this disposal is to create up to nine tots sale to the public at fair market value. � � f�' � wdvw : " -' ( m ., EC .4 w � sp ' ,y c • MI° •ikivt.t' tU 4. ,N t w.ie Lie"f _J %t r ,'Gs^ tk`'�+^, ii.#i./. /i'"yy. `.i+t� • hi t 61 P 444.&3 URIC _ • it �'4-5.1"" 4 }r d �-` s. 'T,'A'` 4 't; >'s ' ..-. t ‘ .e Yt4---,,c- t f e ti P` Wi� ° " 4 x 1� ''o-2 f ,t 4 k ;dry, 1 air' "C S e e e� t “ r■A> ° r C .. t i' L x ,rYZ: � F far e 4 ( -6 e skid S t + (-.. . t i::.. A Ya tT id S` Ill,' � p - s r �d ki r 1 ,r a .z• pi!,t '"°"''''t- Tom' 'd elf ° 'fir -%,.,a.,w ...- , u t,' %'04 2ty S t `M�(,,'�j,��,"Sa }/‘1,;:1‘, 3 £If, E" ♦ . ,..,7-4%..1,. g i.T. sM a k`2: ) ��s�•#♦4 f,3fl� t ..t .. - *. ♦-�t ':E ,✓ U✓...,.}'t� eJf ,st �.1F >yt A tR 4 - -94.1%.*-ys _ v .N ri �p':��a ✓r t ti r-Syi c 4 s p.. rture 4� A Image Overlay Y t_egend QDisposal Area A el- Kodiak Island 8orauph GIS Communky DevHOpm'M Department hap Mew kodenkak usigis(90G 48.6 9337 t°^'"°s^annaea b,mrcmaomewiw+se wxv nGre ne,IMmeee forany le6a'.eae+.✓a4uie. Case No 14-022 Introduction Page 2 of 2 Page 61 of 451 Resolution No FY2015-o9 Accepting the Recommendation of the AGENDA ITEM #13.B.3. pr 0 so,o PUBLIC HEARING ITEM 7-B ky g- � P&Z REGULAR MEETING'.AUGUST 20,2014 O d?i 3 ALASKA STAFF REPORT AND RECOMMENDATION Case 14 — 022. A Land Disposal review to consider disposal of Lots 11-14, Block 4, and a portion of Tract R-2, Killarney Hills Subdivision(KIBC 18.20.030). DATE: August 6,2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 14-022 APPLICANT: Kodiak Island Borough AGENT: Robert Scholze, Resource Management Officer LOCATION: 3235 East Rezanof Drive(KANA Field) ZONING: R2-Two-family Residential NOTICE: Eighty-one (81) public hearing notices were mailed on July 7, 2014. One (1) public hearing notice was returned as of the date this report was prepared. APPLICABLE REGULATIONS: The following sections of Tale 18 (Borough Real Property) of the Borough Code are applicable to this request: 18.20.030 Review by planning commission—Assembly approval. Except for disposal required by law: A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly.The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. 18.20.100 Disposal for fair market value. A. Except as otherwise provided by this title or another provision of law, all disposal of borough land shall be for the fair market value of the interest disposed of. The borough may accept in exchange for borough land any consideration of sufficient value not prohibited by law. 18.20.170 Definitions. As used in this chapter:"Real property"means any interest in real property under the law of the state of Alaska, including but not limited to a fee, easement, or leasehold interest, and a revocable license or permit to use real property. Case No.14-022 Staff Report and Recommendation Page 1 of 3 Page 62 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. p 4O soy e• PUBLIC HEARING ITEM 7-B 1- P&Z REGULAR MEETING:AUGUST 20,2014 a o 'r?r, o *' - -L ALASKA STAFF ANALYSIS This is a request for a disposal of public lands at fair market value, This new request expands the area of a previous land disposal (Case No. 13-002) approved by KIB Resolution No. FY2013-0081. Subsequent to that approval, Lots 11-14, Block 4, and Tract R-2, Killarney Hills Subdivision were created by Plat 2013-142(Case No. S13-020). Lots 11-14 were scheduled to be sold during KIB Land Sale No. 18, but were withdrawn from the sale to further investigate details for connection to public sewer and to research alternative designs that would expand the disposal area. The Borough Resource Management Officer has developed a conceptual designs that expands the disposal area from approximately .91 acres to 1.6 acres and increases the number of lots from four to nine. All lots meet the design criteria for R2 zoning. The new lots are smaller than the previously platted tots. The lots are configured to provide more separation between the rear lot lines and the adjacent ball field than is currently the case for Lots 11-14. The design has received favorable reviews by the Borough and City Parks and Recreation Committee?. Should the disposal be approved,the final design will be reflected in a Preliminary Plat that will come before the Commission. To preserve the existing ball field and to provide adequate space for future fields and open recreational areas, the Parks and Recreation Committees both recommend that a large portion of the remainder of Tract R-2 be rezoned from R2-Two-family Residential to PL-Public Use lands. It should be noted that parks and playgrounds are a permitted use under the current R2 zoning. Should the disposal be approved,the Resource Management Officer will research the benefit of such a rezone and initiate one if deemed appropriate. Perhaps the larger question that should be addressed, prior to initiating a rezone, is the long term status and planning for the balance of Tract R-2. This site was originally purchased by the Borough as a hospital site. Several uses have been considered over time,but no formal designation of this site as a park or playfield has ever been made. Staff recommends that such long-term planning should occur before a rezone is initiated. The site is vacant,does not encroach into the recreational portion of Tract R-2,and is surplus to the public's need. This disposal will accommodate the community's need for additional land to facilitate residential development and should not infringe on the recreational use of the ball field. This disposal is also consistent with the Comprehensive Plan implementation action of identifying an adequate supply of land in each community to meet future residential and other land development needs. Staff recommends a favorable recommendation to the Assembly for a disposal of this land. Borough Code Section 18.20.030 specifies that the Commission, by resolution, shall make a recommendation to the Assembly regarding a proposed land disposal. Anticipating a decision in favor of the applicant, a draft resolutions is attached to this report 'Appendix Pages 1&2 ` Appendix Page 3 Appendix Page 4 °Application Pages 7.13 s Appendix Pages 5&a Case No 14-022 staff Report and Recommendation Page 2 of 3 Page 63 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. ran B b �. PUBLIC REARING ITEM TAB Y i P&Z REGULAR MEETING:AUGUST 20,2014 Q r Ya" a - ALASKA RECOMMENDATION Staff recommends the Commission make a positive recommendation to the Assembly for disposal at fair market value. APPROPRIATE MOTION Should the Commission agree with the staff recommendation,the appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. FY2015-02 recommending disposal of Lots 11-14. Block 4, and a ± 29,979 square foot portion of Tract R-2, Killarney Hills Subdivision, to facilitate creation of up to nine (9) lots to be sold to the public at fair market value (KIBC 18.20.100,A); and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No, 14-022. Staff recommends this motion be approved. FINDINGS OF FACT 1. The commission has reviewed the proposed disposal and finds the land to be surplus to the public's need. 2. This disposal will accommodate the community's need for additional land to facilitate residential development. 3. This disposal is consistent with the Comprehensive Plan implementation action of identifying an adequate supply of land in each community to meet future residential and other land development needs. Case No.14-022 Staff Report and Recommendation Page 3 of 3 Page 64 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.8.3. PUBLIC HEARING ITEM 7-B P&2 REGULAR MEETING:AUGUST 20,2014 1 aantern ter: Fdralalatai O1wI mel'w:antorr Aart-1Vtins Caen 3 tnie d l•;. :CO Fail:llr._:Xr 'nav!uee do 38.142.112 •I R.Gµr'z'211 6RV4612 5 6 KODIAK ISLAND BOROUGH RESOLUTION NO.FY2613.011 to A RESOLUTION OF THE KODIAK 13LAND ROROUGH ASSEMBLY ACCEPTING THE it RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION APPROVING T.' OF CERTAIN BOROUGH LAND TO BE SOLD AT A FUTURE LAND SALE 13 14 WHEREAS, Kcdgk ig'nrc Rcr.^,i:}ri Coen EURO} 18.28.62E !rc,iree fia:h pregesad 15 arspcsal ai Erasougt.land tc.to re'rtrrred as'the Planted and Ydrinp Ccmrris:.nr:s,kee 16 :t6tainntua le fh*A4ANnrl:ty';foul 1} 13 WHEREAS, the FIEIIrioG are Zcciap COar aietnen i5<ey0$NMt with!,gin 1.5.2anars G) 10 make a leCCITYTCadrdcm^-n IBA Yc11(o:a(4 by roseIUtlon te:Yela it in ItaNSAB re to ere I.3 801014:,Assemtly;and :1 .. WHEREAS, the pdncpa pnrnnr.r:of the Commission attire•Is In dnlerrrtte M the Lrrd 23 isonlifec fee cispoNs1 Is suralu!to LYE Ba^rust's need:arc a1 25 WHEREAS, the parces pro ,scd for(isaaal tar the 8aquge Neeeerce 0.aragerne' 25 Ol1Ker haa,r,e:I prte ou54}teens 2 ido:et ra d1EGVeel y the OC1'Cush.Asserntly,and 17 25 WHEREAS. the Pawns.;Crrd Zoning Cerr:rasi:r,has(curd Rini rhe parody.alenlilies. a bal5n hN deptaEd Ste BUrplUI is Inv putted revel tfeet oil 4s rode'.':egg 311 31 WHEREAS. the Plannirh3 b=id ZU'1ixz CurrreNtEUrt)9d a 7u*114 Acne; en Jets- It :IT 7042 and is ree remunaing 9*Onposnt est t e parcels tilted be rav 33 44 Nowt. THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE ROWAY. 35 ISLAND BOROUGH THAT: 36 37 Secllon l: 'Ito 06>dalt Is erd Stele:WI gaping and Zering C,nmmiosIon, In 38 encetenace uilh 361e i 8 cf the>:icdak Wend Scrooge,Coact, rd.cmmeree ,w dS(egnl 01 Il'1 hnrtw_rli& Inlerect Tn ern Ic Gp,G'evs elgeno !.male el lama :0 ccroaising SODS noses of pro;cly dozrbed as'. Lots 11-14 were created *A, Parcels 1, 2, 3, < and 5, (ore Lac! 13E4, Manner Nils E<Gdrmian. from parcels PNpcgal rk ParaI 4 :AI 5,nosy :hot W:nre cAJndMN^n cedlgn 101 1,2,and 3. sr crnndcatc orfension cL?Aurpay way Ihrcuah Punet 4 Ic c.xe81911/ as SYIBI O41 with P.gSat Mfg. RO.ICs onninC Pnn:N16 4 ern)5 roil he .te caas:noctec lo G:ly ct 3rcdak sad:cards and, rmali.e In tie Inlerer vn 47 nisi ReaM0(O,i.d.to.Jnsia G.; admen at T$Vdixrn8Iic i 310174004s. 40 Tile Assist xis a.krm,MCStyeS, as rnsnl in trro t}arrM9 arc ZGnrte Ksdia:.L:Inne Bcrtnrgh FRAtedulien rdg,FY31113-CE Page;ei2 Case No.14-022 Appendix Page 1 of n Page 65 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. • PUBLIC HEARING ITEM 7'8 P&Z REGULAR MEETING.AUGUST 20,2014 49 Commission Resolution No. FY2013-01, that there has been no 50 determination made dedicating the existing ball field to long term use as 51 a ball field. 52 53 5, Parcel 1.from Lot 7A,Block 7 Miller Point Alaska Subdivision 54 55 C. Parcels 1,2 and 3,near the end fo Panamaroff Creek Drive 56 57 D. Parcel 1,near the end of Middle Bay Drive 58 59 E. Parcel 1,from Lot S,Block 1,Chiniak Alaska Subdivision 60 61 Section 2: The Kodiak Island Borough Planning and Zoning Commission, in 62 accordance with Title 18 of the Kodiak Island Borough Code, has 63 determined after a public hearing on July 18.2012,that the aforementioned 64 properties are hereby surplus to the public's need. 65 66 Section 3: The aforementioned lands,some of which may require additional planning. 67 zoning or subdivision in order to be made suitable for disposal,should be 68 offered to the public for disposal in a subsequent borough land sale. 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS SIXTH DAY OF SEPTEMBER,2012 72 73 KODIAK ISLAND BOROUGH 74 75 76 - 1>OJ.w......r--[ - ECilA 77 ATTEST: Jerome M.Selby,Borouan:Mt 78 �4 ti t .A. 8ff —1� A _ 81 Nova M.Javier, / ,Borough Clerk Kodiak Island Borough Resolution No.FY2013-08 Page 2 of 2 case No 14022 Appendix Page 2 of 6 Page 66 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... 7J CD N 0 C_ 0 7 Z O PUBLIC HEARING ITEM 7-B -Tt PAZ REGULAR MEETING'.AUGUST 20,2014 Na O_ (11 O MD y 10/.1, ; r ,r }�a �4ea r �� >• ry t no unl :9 N-!v \1�NM1 V.,` x,r.. m Q J � r 3 4 i R. 0 f •..a zw_.2 7 it 'Y aa� / .,1>k,f • w4 _�� .,-ems....`..... . Ai-s� y•. . .... � . +.��rrtee Is >.N .A1 r __ _ _•r,bir d?PAI 5uaorn5'09 n-I iGCT R.-1.A ,n..•..•-..ae.,.,... .r...... e...w., I.:4...1 Vt.!' -v .., 0a84-4,dxei..d p CSUaw ...,...r,.,—..-.....r y a} ,II$ i 4i ��^0.Y}��{.ly- .7.;;;;- 11 �,� Z•\ � n ...roc 9 tlI-AC Ili 1.nNy 17 ni 0) t Kew ,,,1 2 0 In v J n O ..... 1 . 41. Case NO.14-022 Appendix Page 3 of -1 cri 3 it w CO w N O C O 7 Z 0 PUBLIC HEARING ITEM 7 B TI P&Z REGULAR MEETING AUGUST 20,2014 N) N) O_ (71 o g s d et D Woody Way Loop M" ° x s'3" ""7 A n yr g `ti"f. • j (D v. ';'-'4'~ "$:o n c �,I in ne}�ay,�x�an s e�" $ XI O �,l f LR^+Y/ ∎' , .v f e ' `.a' r w. t O `i 4�'a;it„ " "al.'".r ;� `i tt' e." ay1 .R ax :„ -,...m,an:�.e. it v s ;i„ , e 5S a ,,ii. t 3 1Y�� b : iE �_ •• it tea` 3 # 10 i � !„i• ,;E .' " sty S.,, --9.44 r.yf:r F TM�r a * tir.{ } ia . "^to 1 qj y 6L .e4 S.a, -4 t J7 ''' +e. Ti ~ a� 43 .0. a O ♦ .L— ✓r f q1,.5 ,;>,..%''''',"‘"4,‘ 4Ir 1 ::'..1 G •'�"- 1 . 0 ?t 4 m'k Lay y, ..: .°f, n s. x *So M yyjp'. ' y t r f �j yr1,, , } m CD r c-n '� r r., � 'x ' W e,x y r -f a 9 ° ti } : .• M* e b• ( r d„,.,.".,;,-; ' ri. F r q $ i d, :1 l'( #lx ''' 1 ,t 4.e •s a f "Vy� '+ ,,. ``! "!t 1 -s.l''b ( >'rs a .wF.S^`x.41f..y g; y, dye: r.�,i ' r ,, Supplemental Exhibit"B"provided on July 21 20141 � �.4 ti- )-(4'f "�sc ♦ .'' �,� �ti `✓G [3::-, Ofd,fix n ��t�..);"'W.C 1m ;41 ©®B1 C: ° `�a I: gr o {o= o ga©9 10 , 1 x eot 'o, rti co 0 0) CD ni n Case No 14-022 Appendix Page of A cn G.1 CO W AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM 7-8 P52 REGULAR MEETING:AUGUST 20,2014 1 Introduced by, 2 Requested by: 3 Drafted by Introduced on: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 PLANNING B ZONING COMMISSION 8 RESOLUTION NO.FY2015-02 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING 11 COMMISSION RECOMMENDING THE DISPOSAL OF LOTS 11-14,BLOCK 4,AND A 12 ±29,979 SQUARE FOOT PORTION OF TRACT R-2,KILLARNEY HILLS SUBDIVISION, 13 COMPRISING APPROXIMATELY 1.6 ACRES,AS LAND SURPLUS TO THE 14 PUBLICS NEED AND SUBJECT TO DISPOSAL AT FAIR MARKET VALUE. 15 16 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed 17 disposal of Borough land to be reviewed by the Planning & Zoning Commission 18 before submission to the Assembly;and 19 20 WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to 21 make a recommendation on the disposal by resolution before it is forwarded to the 22 Borough Assembly;and 23 24 WHEREAS, the principal purpose of the Commission is to consider if the land identified 25 is surplus to the Borough's need;and 26 27 WHEREAS, lots 11-14. Block 4, Killarney Hills Subdivision were previously approved for 28 disposal. but were withdrawn from KIB Land Sale No. 18 to consider expansion of the 29 disposal area to include additional land not previously considered for disposal by the 30 Borough Assembly;and 31 32 WHEREAS, the Planning & Zoning Commission has found that the parcels identified 33 below for disposal ate surplus to the public's need based on its review;and 34 35 WHEREAS, the Planning & Zoning Commission held a public hearing on August 20, 36 2014 and is recommending the disposal of the following parcels 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH 39 PLANNING AND ZONING COMMISSION THAT: 40 41 Section 1: The Kodiak Island Borough Planning & Zoning Commission, in 42 accordance with Title 18 of the Kodiak Island Borough Code, 43 recommends disposal of the Borough's interest in approximately 1.6 44 acres of land identified as Lots 11-14,Block 4,and a m 29,979 square foot 45 portion of Tract R-2, Killarney Hills Subdivision as described generally in 46 the staff report for Case No.14-022. 47 Kodiak Island Borough Planning and Zoning Commission Resolution No P72015-02 Page 1 of 2 Case No.14.022 Appendix Page 5 of 6 Page 69 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING.AUGUST 20,2014 48 Section 2; The Kodiak Island Borough Planning & Zoning Commission, in 49 accordance with Title 18 of the Kodiak Island Borough Code, has 50 determined after a public hearing on August 20, 2014, that the 51 aforementioned properties are hereby surplus to the publics need. 52 53 Section 3: Upon perfection of the subdivision by the recording of a Final Plat, the 54 aforementioned lands should be offered to the public for disposal in a 55 subsequent land sale. 56 57 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING 58 COMMISSION THIS 207H DAY OF AUGUST 2014. 59 60 PLANNING AND ZONING COMMISSION 61 62 63 64 ATTEST: Alan Torres,Chair 65 66 67 68 Sheila Smith,COD Secretary Kodiak island Borough Planning and Zoning Commission Resolution No.FY2015-02 Page 2 of 2 Case No.14-022 Appendix Page 6 of Page 70 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM 7-B PAZ REGULAR MEETING.AUGUST 20,2014 Kodiak Island Borough Community Development Department 's�bmkeyEmzp:;- 710 Mill Bay Rd.Rm 205,Kodiak,AK 99615 errpj , Ph.(907)486-9362 Fax(907)486-9396 Piint E htt /www.kodiakak.us Administrative Request Applicant Information: Property Owner/Applicant: Kodiak Island Borough Mailing Address: 710 Mill Bay Rd. Phone Number: 486-9304 Other Contact email,etc.: rscholze @kodiakakus Agent&/or Surveyor: Robert Scholze,RMO Mailing Address: (same) Phone Number: (same) Other Contact email,etc.: Nature/Purpose of Request: PAZ Commission Site Plan Review) i® ;48c /7_ao.o6n. - <7.S,0j c3 ,Properly Information: �f Legal Description: tuber Killarney Hills eject Lot: TcR'2A¢- 'j Current Zoning: R2 ear 1)80 1�i-P1,k") Applicable Comprehensive Plan: 2CC8 KID Cpnpehensive Plan Update Present Use of Property: Ball fields I am providing additional Information In the form of Additional Narrative/History: YES As-built Survey: Maps: Photographs: YES OOther: YES Date: June 30,2014 Signature: ( v<10/_ �M0 Payment Verification Fee Payable in Cashier's Office Rooms 104-Main oor of Borough Building Reconsideration of PAZCommission Decision KIBC 17.215 Ft $150.00 Appeal to PAZ Commission KIBC 17.220 r, $350.00 PAZCommission Site Plan Review KIBC 1 7.130020 m $15000 PAZ Commission Screening Approval KIBC 17.105.060 (- siso.co Title 18 Land Disposal Review KIBC 18.20.060 A IX $350.00 Postponement at Petitioner's request-Public Hearing Item r $100.00 Postponement at Petitioner's request-Non-Public Hearing Item (—, $ 25.00 Other r, siso.00 Date: (0�F COD Staff: e, `/, Case No.14.022 Application Page 1 of 14 Page 71 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... 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OFFICE of the MANAGER f�� 'x. 710 Mill Bay Road t Kodiak,Alaska 99615 Phone(907)486-9304 Fax(907)486-9374 681 E-mail: rscholze(a,,kodiakak.us To: Planning and Zoning Commission From: Bob Scholze,Resource Management Officer tV Date: June 30,2014 1 Subject: Killarney Hills/Woody Way Loop Land Disposal The Borough Parks and Recreation Committee, at its meeting on June 24, 2014, passed a motion approving a conceptual design that would expand the disposal area adjacent to the Woody Way ball fields along Woody Way Loop from the four lots created by Plat#2013-14(Exhibit A)to nine lots(Exhibit B). Attached you will find the CDD staff memo dated June 30, 2014 reporting on that P&R Committee action,the staff report from the Resource Management Officer to the Committee dated June 19, 2014 providing background, and minutes from the City Parks and Recreation Advisory Committee meeting of May 5, 2014 recommending that the level portion of Tract R-2 presently supporting ball fields be rezoned to PL Public Lands to preserve "adequate space for future fields and recreational open areas," while at the same time "retaining lands along the perimeter for public sale for residential and commercial development." The conceptual design illustrated by Exhibit B will better accommodate continuation of the ball field use of Tract R2, while at the same time make improved residential lots available individually to prospective buyers,which was a principal goal of the Assembly in proceeding with a land sale. The value of nine lots improved with direct water and sewer service taking advantage of gravity downhill to the Rezanof Drive manhole would more than offset the additional cost of installation of sewer main in Woody Way Loop. Staff recommends that the Commission, should it agree with the recommendation of the Parks and Recreation Committee, recommend that the Assembly approve an Case No.14-022 Application Pager of 14 Page 77 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM 7-B ELSE REGULAR MEETING:AUGUST20,2014 tlFpan: :d .rea Iur dis1cI al a3. 8uifdus to the riehlic-s ;'e,d cerTespol}ding to the ;:nnrepnlal dent_n for aim tots (E.hii:it tat- Parks and piag ronuds Am i,errninrxl undca dic current IC Wining. However,ihtt Comntdssion.H-approi ia!e,4ccthi Ht initiate at this that: an in•.oailpakin into !Inure rezone of the brtl field pariah of the- inlet to PI-Public that consElenE with the recut mILmd:nions of both the City mad hi nu gh I'it s a id Recreation CGmintteeei. Case No.14-022 Application Page 8 of 14 Page 78 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM 7-B P 82 REGULAR MEETING'.AUGUST 20,2014 R A �,,�$ Kodiak island Borough R rz ' , Community Development Department a,, '`"-' /` 710 Mill Bay Road S �y ',Ted*/ Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak,}E4 Memorandum Date: 6130,2014 To: KIS Assembly Planning and Zoning Commission Cc: Kt6 Manager Resource Management Officer From: Neil Horn,Asst Planner RE: Parks and Recreation Committee motion for a possible rezone of Tract R-2. Killarney Hills Subdivision(Woody Way Field). At the-meeting of the KIS Parks and Recreation Committee on 24 June 2014. the Committee passed a,motion to approve the conceptual design ofLots 11A through 19A,. Block 4,Killarney Hills subdivision,for future land.sate. The same motion also proposed a possible re-zone of a large portion of Tract R-2, Killarney Hills subdivision(Woody Way Field)from R2 to PL. The committee's discussion focused on re-zoning and further development for public use of the following areas: 1. The current sports fields. 2. The areas on the north and east sides of the sports field currently used for spectating and parking. 3. The wooded area and wetlands at the south west corner of the field. 4. Park entrances on Woody Way Loop,Rezone(Drive,and Murphy Way. COMMITTEE MEMBER SAL TONSTALL MOVED that the Parks and Recreation Committee likes the conceptual plan for a nine lot design, we would like to see the area be designated as a park at least the entrance off Woody Way and the entrance off Case No.14-022 Application Page 9 of 14 Page 79 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC 1,IEARING ITEM 7-8 PSZ REGULAR MEETING:AUGUST 20,2014 rd7404f OISEe E GU51jItWERE tiOn.e nnotikinfmlvn of fansenny,(.V'\51'A'(v panic 1enAo4of. and we knoiesled in inn ifismhv Wan accog5 4n ix;4 VOICE VOTE ON MOTION CAHR1£C4 UNANIMOUSLY Thin KIH Parke and Renfeatinn •P;nlni!fee thank yto rot your ovuidoinfian of fta5 motion, Case No.14-022AppCcafon Page 10 at 14 Page 80 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.8.3. PUBLIC HEARING ITEM 7-B Paz REGULAR MEETING:AUGUST 20.2014 Kodiak Island Borough trO 4'. OFFICE of the MANAGER t 4o .n..' 710 Mill Bay Road ^ ri`':�";1,•" Kodiak,Alaska 99615 i +K9 Phone(907)486-9304 Fax(907)486-9374 k ''t"• E-mail rscholze(a'?kodiakak.us To: KIB Parks and Recreation Committee From: Bob Scholze,Resource Management Officer -yri Date: June 19,2014 Subject: Killarney Hills/Woody Way Loop Land Disposal Following comments from members of both the Borough and City Parks and Recreation Committees, Lots 11-14, Block 4, Killarney Hills Subdivision (plat #2013.14) (Exhibit A) were withdrawn from Land Sale 418. This was done in order to consider alternative designs that might better accommodate continuation of what was originally intended as a temporary ball field use of Tract R2,while at the same time exploring ways to make the residential lots available individually to prospective buyers. By this memo,an alternative conceptual design (Exhibit B) that might accomplish both is presented to the Borough Parks and Recreation Committee for review and comment prior to being advanced to the Planning and Zoning Commission and Assembly for expanded disposal review. At its meeting on May 5,2014,the City Parks and Recreation Advisory Committee recommended that the level portion of Tract R-2 presently supporting ball fields be rezoned to PL Public Lands to preserve"adequate space for future fields and recreational open areas,"while at the same time "retaining lands along the perimeter for public sale for residential and commercial development"(Exhibit C) The conceptual design illustrated by Exhibit 13 could potentially result in nine(9) lots if the disposal area were extended to the intersection with Rezanof Drive. All properties are zoned R-2, and eight of nine proposed lots are adjacent to a paved street with sidewalk,curb and gutters. A public water main fronts those properties in Woody Way Loop. Construction of improvements in Woody Way Loop would be required to connect to the public sewer system. Proposed Lot 19A would have direct driveway access to Rezanof Drive and would rely on a utility easement between proposed lots 17A and I 8A for connection to the public utility system. Case Na.14-022 App4caI on Page 11 of 14 Page 81 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM 7-B PS2 REGULAR MEETING,AUGUST 20,2014 Existing Lots 11-14, Killarney Hills (Exhibit A) are approximately 4,1){10 N. fl. each. The fair marked value estimate of tots 11-14 provided by the Borough Assessor is S 135,01X1 sold as a sins!: Klock_ This average value per tot(533.750) is suppressed by the eau of connection into the public utility system and reflects the fret that each residence would require a grinchn pump.Connection to the public sower system would be W a manbnle its the street uphill to the west and would require a sixes cut, This option would likely place all the properties in the control of a single developer and deny the opportunity to make single lots avaitable to individual buyers. The conceptual design of Lots 1 1.4.194 (Exhibit C1) would acute cmulles lots averaging approximately 7,600 sq. it., while increasing by ten (10) feet the separation between teat lot lines of the residential lots and the adjacent ball field. This also &len for a sixty (60) foot wide access to the ball field, which could conceivably serve as a Mare right of way if needed. This design would rely on extension of the sewer main in Woody Way Loop approximately 500 lineal feet from propased lot t I,A downhill easterly to the manhole at the Rezattof Drive intersection, exploiting the advantage of gravity inherent to movement ot'.ewe. This would eliminate both the cost of a road cut into a manhole and the need for individual lot grinder pumps. In this scenario.the value per lot is estimated to he 555,000, which would more than offset du_•additional cost of installation of sewer mein in ll'rxraly Wny Loop. i•I '�ftll Case No.14.022 Application Page 12 of 14 H. 11 #tt Page 82 of 451 ". Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM 7-B P82 REGULAR MEETING:AUGUST 20,2014 Minutes PARKS g RECREATION ADVISORY COMMITTEE Monday,May 5,2014 Baranof Park Office,6:30 p.m. ROLL CALL 1. Natasha Hayden H 6. Amy rogle If 2. John Butler A 7. Helm Johnson H 3. Marcus Dunbar H 8. Jeremiah Gardner H 4. Jim Willis H 9. Ryan Murdock II 5. Andrew Iota.USCG A 1O. Deborah Bitanga'Student KIBSD A Visitor Aimee K II. PUBLIC TESTIMONY OF NON-AGENDA ITEMS a. None M. APPROVAL OF PREVIOUS MINUTES Motion Natasha 2"t Helm Approved IV. APPROVAL Or AGENDA Motion Helm In° Natasha Approved V. AGENDA ITEMS a. Aimee K speaking on 2 items Skate Ramp and Snack shack i. Skate Ramp discusslon: 1. Money is still available from park grant. 2, Unable to use volunteers for construction to much liability 3. Talked about capital project equest process to fund phases of project 4. Ryan,Can we promote advertising billboards or sponsorships to raise funds. 5, Aimee,other monies can be raised to support project. 6. Helm,what's our timeline?Aimee,it it goes out to bid,3O days for bid, 7, Charlie,4.6 weeks order&deliver.Ready to assemble late October/November. A. Mmee,Saturday May 10 city budget presentation at library May 22 first reading,final June 12. 9. The City of Kodiak Parks and Recreation Advisory Board unanimously recommends to the Kodiak City Council to keep the proposed FY25 budget line item tar phase one of the skate park improvement in the amount of$110,0000. b. earanolskate ramp Improvement project:See preceding remarks C. Update on Woody Way field lot sale I. Borough on hold to sell to parcels on woody way closest to park entrance. Charlie:The tabled resolution I noted was VI., The City of Kodiak Parks and Recreation Advisory Board unanimously recommends to the Kodiak Island Borough 'Parks and Recreation Advisory Committee and the Kodiak Island Borough that roughly cli a`eres within 16.32 acre the •i KILLARNEY HILLS TR R'l lot which Is being subdivided for Public sale be mooned from R.;to Public Landi sherefDie 'a preierving aded'dalc space for future fields and recreational open areas and retaining lands along the perimeter for Public sale for residentlal Sid ca`mmercial development.Motion Helm,Marcus 2'4 Approved.c. a. Review proposed annual youth activity master schedule i. Charlie distributed chart of parks activities based on yearly calendar b. Baranof Snack Shack I. Aimee:KFL applies for yearly permit to collect gate fees and have concessions for KR games. ii, Problem:city code prohibits the making of money.Title 5,nO person may construct a building for the sale of goads on city property.It could only be a temporary structure. Iii. Citycouncil;recent KFt request Is against code and has sent it back to ad board for recommendation. iv. Group Discussion:Charlie gave permission to put shack in park. Natasha/Ryan against KFL having exclusive shack at Park- 4. Amy:Qwhat are Kit Intentions on how to run shack? 1 Case No 14-022 Application Page 130114 Page 83 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.B.3. PUBLIC REARING ITEM 7-9 Pal REGULAR MEETING AUGUST 20.2014 '.C4 r -I ' d v :rt. � -rh e ;f '4 . t ! r. a Y / t 3 y. ��.it r�F}�^� 9pr A, w• k JF ri 41E.II iti Zoning Two E1' 1 41. ,., 1 e Y' u t (ix,.- --t�.31h'Y.. 1 Y - -) , ' WOODY W0."LOOP r, r't 2 ii tY 5.i.:... }w.' , ciL 3 f4'' l ; 1' I `4 ;�� . 1 4..}0. 3 1 I' c .jam' ,..t.. • \ 1 Lot 4!ai } p! r z: r s ft ((nn,,, 1.p , v. , / 1 .-x. u, ,t/ ,r is ip'r r,\ C Kxaay� • 7 A . u rri(( t 1��11 i w� -,4. 9 . iyt, yT �s e .t+ 1 'kt . :'�\_ IC, 2e �t2. 4 „,,,. ri ' -1,1:::l rl r L.,"frJ .T f r f 141 .y‘,/.. w M tF (.# ti p, r l 1 a yr:* , r'#s5t 4 e 4' l� o E°s� ` . f ' ry iiitt..,,1 . . t'+1t1' .' 1Y t),..',...0!.-..•• =,trio+• K .,'4 S'�s' ± x „.0- `ray I a' t t th"" 1"''Jr iti J e ..,-.4,,H.,. r & � � oY101 • t1i ,Ld. y MURPtHwVS f ' ...t 1i?�'� 4= i. ry yj $,,\. y L! 1h't�l trs Mile 4 ""1i2'.'r'.+, ¢4 P `�r.J r- CS 4k •-.A y. fit+•JJ(71,i , .,,k ♦[4`,••:' _ ClN �J P.t -+' , y�Q �+YJ�"•A �y i /_ M.F��t "k,wl � � .'� >�"� �� f M�':YF.+ r � in r .v �'� / o b j.,a { `S M sY:,`` - .ir1 t#sL.2�(((�t '�r�,} 1 '1,:i.,•1 \" it t } �((3 {�1. •r 1 { , t I7(( ► -( et ? v ' f h .r. 11111 , If_ ." �p'ia �{j.t • I' _.,�.t.l.I�4r'"'.� ':,��- ] 1� .t. !t'+la 1 70 140 280 420 Kodiak Island Borough GIS Feet C3 http://www.kodiakak.us/gis (907)486.9333 rots dp s po l mrvor la e data r 7. Case No.14-022 Application Page 14 of 14 Page 84 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.8.3. PUBLIC HEARING ITEM 7-B PAZ REGULAR MEETING AUGUST 20,2014 Kodiak Island Borough Community Development Department yR m 710 Mill Bay Road Room 205 �n li fr,,:q Kodiak,Alaska 99615 • ,°c ];M Ase Phone(907)486-9363 Pax(907)486%9396 www.kediakak.uv July 7,2014 Mr.Robert Scholar.Borough Resource Officer Kodiak Island Borough 710 Mill Bay Road Kodiat,AK 99615 Re: Case 14-021.Request a Land Disposal review to consider disposal of Lots II-14,Block 4,and a portion of'trot R-2,Killarney I lilts Subdivision(KIBC 18.20.030). Dear Mr.Scholl: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced abuse for Public Hearing at their August 20.2014 regular meeting.This meeting will begin at 4:30 p.m.in the Assembly Chambers,710 Mill Bay Road, Kodiak.Alaska,Attendance at this meeting is not mandatory but recommended. One week prim to the regular mooing.on Wednesday, August 13, 2014 at 6:30 pm. in the Borough Conference Room(8121),the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff sumlories of cases scheduled tot the regular meeting, The public is welcome to attend the packet review work session;however,the work session is not fur Bur purpose of receiving public testimony,Appiicnnts who wish to present testimony and/or evidence related to their rase should appear at the Public Heaping during the Regular Meeting and present such information in person. Please contact the Community Development Dementia tia at 486-9363 if we can answer any outstanding questions or provide additional information,In advance,thank you for your cooperation. Sincerely. rs �yl saA 9n Sheila Smith,Secretary Community Development Department Case No.14.022 Public Comment Page 1 of Page 85 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.8.3. PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING:AUGUST 20,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak.Alaska 99615 (907)486-9363 ssww.ksdiakaka4 July 7.2014 Public(caring Item 7-B PUBLIC HEARING NOTICE A public hearing will he held on Wednesday,August 211,2014.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: 14-021 APPLICANT: Kodiak Island Borough AGENT. Robert Scholee,Borough Resource Officer REQUEST: A Land Disposal review to consider disposal of Lots 11-14, Block 4,and a portion of Tract R-2,Killarney I tills Subdivision(KIBC 18.20.030). LOCATION: NUN Woody Way Loop(Lots 11-14,Block 4)and 3235 Rezanof Drive(Tract It- 21. ZONING: R2-Two-family Residential This notice is being sent to um because our records indicate you see 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 Des elopmenl Department.Written comments must be neeis ed ttc 5 pm,Tuesday,August 5, 21114 to be considered by the commission,If you would like to fax your mmmnts to Us.our fax nuntbet is:(9071 486-9396,or you may email your comments to ssm ithnkod i akak.us. If you would like to testify via telephone, plea.se call in your comments during the appropriate public hearing section at 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.August 13,2014.a sso,k session will be held at 6:30 p.m.in the Kodiak Island Borough Conference P sons(8121).to review the packet tit:aeri ti for the ease. 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. 11,ur Name: baiting Address: Saar preeere,deeeriptien: Comments: .............................. Case No.14022 Public Comment Page 2 of 7 Page 86 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... AGENDA ITEM #13.8.3. PUBLIC HEARING ITEM Y-B 1982 REGULAR MEETING:AUGUST 20.2019 Location 3235 Rezanof Dr.& Request a Land Disposal review to consider NHN Woody Way Loop disposal of Lots 11-14, Block 4, and a portion Case 14-021 of Tract R-2, Killarney Hills Subdivision ve--Applicant Kodiak Island Borough (KIBC 18.20.030). Ham Dm. Vita IP I e 1 lk ` e j , ACTB 1yam4 F p pg 1 5 25 h. P 3 �C ci!ere % 4 el I 'A is �� Leh � e ��ta waphrwey �• 'il®�tita %I L_ 4 , 754-04. 9 r5 ® P ''.3 n ` k / • s a % : gifts ��®�i l op as z ^9 Public Hearing Notice Legend N 1 feet =Subject Parcels �� to I. 0 275 550 1.100 Q Notification Area Kodiak Nand Borough Olt Community Development Department ----Kwas Rasea h d p l M w x koiakak outgo(9074469337 m i m e o Paaa al.Mnl in n to."9.", .nac'o ETD Uneon4rvcbJ Pot of Ways Case No.14022 Public Comment Page 3 of Page 87 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the... XI (V N 0 C O r z O PUBLIC HEARING ITEM 014 -n PAZ REGULAR MEETING:AUGUST 20,2014 NS CD 90 First Name Last_Name Mail Line_ Mail Linel Mail City Mail_Stal Mail Zip CO UNIVERSITY OF ALASKA PO Box 757380 FAIRBANKS AK 99775 > BARRY F ALTENHOF PO BOX 1373 KODIAK AK 99615 Cl ALWERT FISHERIES INC P.O.BOX 1711 KODIAK AK 99615 ro T7 MONTE K ANDERSON 3072 WOODY WAY LP KODIAK AK 99635 _' ANDERSON CONSTRUCTION CO,LL C/0 KONIAG,INC 4300 B ST#444 ANCHORAGE AK 99503 (0 CAROL AUSTERMAN PO BOX 8766 KODIAK AK 99615 5 DOUGLAS BEAVER 23005 ROCK CREEK PKWY a C28-202 SUPERIOR CO B0027 JOHN BENNETT P 0 BOX 368 KODIAK AK 99615 NBRECHAN ENTERPRISES INC PO BOX 1275 KODIAK AK 99615 O TROY BREVIK 3239 KATMAI DRIVE KODIAK AK 99615 3 JOHN BUTLER P.O.BOX 2610 KODIAK AK 99515 3 MANUEL CASTELLON PO BOX 2562 KODIAK AK 99615 f6 REGINALD CHILDERS PO BOX 725 KODIAK AK 99615 N CITY OF KODIAK P.O.BOX 1397 KODIAK AK 99615 STEVEN COOLEY PO BOX 682 KODIAK AK 99615 O a CORP OF ST MARY'S PARISH 225 CORDOVA STREET ANCHORAGE AK 99501-2409 O MAURICE COSTELLO PO BOX 754 KODIAK AK 99615 n S GARY R DARRAH PO BOX 1943 KODIAK AK 99615 (0 ELISAIA OEARDURFF 3164 WOODY WAY LOOP KODIAK AK 99615 ROLAND DORMAN 3462 SITKINAK DR KODIAK AK 99615 DENNIS DUPRAS 19705 SHUMAGIN CIRCLE EAGLE RIVER AK 99577 DUNCAN FIELDS PO BOX 25 KODIAK AX 99615 KEVIN&SHERYL FISHER 38414 LABISKE LANE ASTORIA OR 97103 JAMES GRAHAM P O BOX 3147 KODIAK AK 99615 BRIAN GREGORY 3659 WOODLAND DR • KODIAK AK 99615 LOUISE HALVORSEN PO BOX 136 KODIAK AK 99615 MELAYNA HALVORSEN P.O.BOX 136 KODIAK AK 99615 LAURINDA HASKIN 1314 ISLMAILOV ST KODIAK AK 99615 EMILY HORN 1210 MISSION ROAD KODIAK AK 99615 /"+� ERIK HOWARD ETAL PO BOX 1321 KODIAK AK 99615 V/ ALLEN HULING 216 MURPHY WAY KODIAK AK 99615 .10 0 �y JERLING ENTERPRISES,LLC 1212 MADSEN AVE. KODIAK AK 99615 alC a) JEREMIAH JOHNSON 2714 HILARY LN KODIAK AK 99615 V 03 0 Z. Case No.14-022 Pubic Comment Page 4 of 1 Za m y CO CD m CD 0 0 C. 0 z O PUBLIC AUG ITEM 74 .n PAZ REGULAR MEETING:AUGUST 20.20194 "() N 0 03 U JESSICA DAVID JOHNSON 3243 KATMAI DR KODIAK AK 99615 (0 JAY JOHNSTON PO BOX 2503 KODIAK AK 99615 > PHILLIP JORDINELLI PO BOX 8764 KODIAK AK 99615 0 WENDY KILPATRICK ETA!. 310 MURPHY WAY KODIAK AK 99615 CD ALAN&NANCY KINMAN 3305 WOODY WAY LOOP KODIAK AK 99615 _' KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK AK 99615 CO KODIAK CHRISTIAN EDUCATION 3300 E.RE2ANOF DR KODIAK AK 99615 5 KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD W00DSIDE MANOR KODIAK AK 99615 KODIAK ISLAND BOROUGH 719 MILL BAY RD KODIAK AK 99615 NDUSTIN KRUG PO BOX 1971 KODIAK AK 99615 O RONALD KUTCHICK P.O.BOX 2295 KODIAK AK 99615 3 JOEY LINDBERG 3424 SITKINAK DR KODIAK AK 99615 3 DERRIK MAGNUSEN 217 MURPHY WAY KODIAK AK 99615 N NICHOLAS MANGINI 313 MURPHY WAY KODIAK AK 99615 0- MICHAEL MARTIN PO BOX 889 KODIAK AK 99615 LU a JOSEPH K MAUER 3225 WOODY WAY LOOP KODIAK AK 99615 ORLANDO MERCADO ETAL PO BOX 3011 KODIAK AK 99615 O KENNETH MORRISON PO BOX 8713 KODIAK AK 99615 NATHANIEL NEWMAN PO BOX 1847 KODIAK AK 99615 (D MARY OCAMPO PO BOX 8688 KODIAK AK 99615 TAKESHI OKI PO BOX 2077 KODIAK AK 99615 ANTONIO OLAZABAL PO BOX 2825 KODIAK AK 99615 MARIUS PANZARELLA PO BOX 77 KODIAK AK 99615 D GARRICK PARKER 3314 WOODY WAY LOOP KODIAK AK 99615 RUSSELL PATRICK 3313 WOODY WAY LOOP KODIAK AK 99615 MICHAEL PESTRIKOFF 18860 TALARIK OR EAGLE RIVER AK 99577 RAM DEVELOPMENT ETAL 2812 70TH AVE E. FIFE WA 98424 DANA REID PO BOX 8935 KODIAK AK 99615 JEANNINE RENNICK 3296 WOODY WAY LOOP KODIAK AK 99615 MICHAEL REUTER PO BOX 1489 KODIAK AK 99615 D STEVEN RUSSELL FAMILY TRUST 3152 WOODY WAY LP KODIAK AK 99615 0K.�y FREDERICK SARGENT 3177 WOODY WAY LOOP KODIAK AK 99615 111 '9 N ALAN SCHMITT ETAL 3295 WOODY WAY LOOP KODIAK AK 99615 Z CO MICHAEL SCHRECK PO BOX 1011 KODIAK AK 99615 O 07 CO 0 .... Case Na.14-022 Public Comment Page 5 o(1 •.i CD It '-4 w to W CDCD 0 O C_ 0 M z 0 PUBLIC HEARING ITEM 7-B T1 PAZ REGULAR MEETING'.AUGUST 20,2014 N O_ CTI O CD > 0 0 co 0 op CD co O O BRENDA SCHWANTES PO BOX 2393 KODIAK AK 99615 O LISA SCHWIEN PO BOX 8742 KODIAK AK 99615 3 JOSEPH SEKERAK 3286 WOODY WAY LOOP KODIAK AK 99615 0 KARLETON SHORT 3446 SITKINAK DR KODIAK AK 99615 a a ALAN SKAW P.O.BOX 842 KODIAK AK 99615 D1 ST PAUL LUTHERAN CHURCH PO BOX 1O2 KODIAK AK 99615 O STEVEN TIDWELL PO BOX 8904 KODIAK AK 99615 REBECCA TORSEN PO BOX 8884 KODIAK AK 99615 O_ ANTHONY TROUT 3214 KATMAI DR KODIAK AK 99615 3 CASEY&ALEXANDRA TURNER 3227 KATMAI DR KODIAK AK 99615 CD JOSHUA TYNDALL PO BOX 3073 KODIAK AK 99615 STEVEN TYNER 3266 WOODY WAY LOOP KODIAK AK 99615 SHERRY WEIMER PO BOX 158 KODIAK AK 99615 TIMOTHY&TIFFANY WILLIAMSON 3222 KATMAI DRIVE KODIAK AK 99615 15154 MILL BAY ROAD KODIAK AK 99615 n 0 Z OJ CD o OD IN o ? Case No.14-O22 Public Comment Page 6017 y cn 111 R it • ■ $4 W w AGENDA ITEM #13.B.3. PUBLIC HEARING ITEM 7-B P82 REGULAR MEETING:AUGUST 217 2014 Sheila Smith From: sherry@xmission.com Sent: Tuesday.August 05,2014 8:13 AM To: Sheila Smith Subject: Comments on Public Hearing of TraceR-2,NHN WoodyWaytoop I am against any development of this Tract of land. It is a natural drainage area for this area and as such should not be filled in for development It is also one of the last blueberry areas left on the island as most everything else has been developed over. Houses hull on fill are more prone to damage in earthquakes,but more importantly,where is all the water going to go that now flows into this area.I am concerned that should this area he filled in,backup water will flow into the existing properties. This tract should remain as is for a green buffer zone between existing houses that are around it. If anything make it into a natural park land for the residents with trails and perhaps a pond but leaving the trees and hushes. Please do not develope this area. Sherry Weimer 3224 Woody Way Loop Case No 14-022 Public Comment Page 7 or 7 Page 91 of 451 Resolution No. FY2015-09 Accepting the Recommendation of the--- AGENDA ITEM #13.B.4. Introduced by: Borough Manager CORRECTED VERSION Requested by: Borough Assembly Drafted by: Special Projects Support 3 Introduced: 09118/2014 Amended 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2015-11 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL 11 IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2015 12 LEGISLATIVE SESSION 13 14 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 15 Kodiak Island Archipelago living in six incorporated cities and one community governed by 16 a tribal council government; and 17 18 WHEREAS, a Borough—wide capital improvement program has been adopted by the 19 Kodiak Island Borough Planning&Zoning Commission which identifies major needs of the 20 island community for the next five years; and 21 22 WHEREAS, the Kodiak Island Borough Assembly has identified major projects to submit 23 to the Alaska Governor and State Legislative Delegation for funding consideration; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 26 ISLAND BOROUGH THAT: 27 28 Section 1: The Kodiak Island Borough's State Legislative capital improvement project 29 priorities for the 2014 legislative session are as follows: 30 31 1. Kodiak Landfill Lateral Expansion,Wastewater Treatment Plant 32 Estimated Project Cost $16,000,000 33 State Funding Request $1,825,000 34 The Kodiak Island Borough is requesting support for approval of the SFY15 Municipal 35 Matching Grant request in the amount of$1,825,000 through DEC for this project. Alaska 36 Clean Water Fund loan funds have been approved for the project but the Borough is 37 seeking grant funds to reduce the burden of the debt repayment to the local rate payers. 38 39 The Kodiak Landfill Lateral Expansion project closes out the existing landfill footprint and 40 creates a new landfill cell designed to meet EPA and DEC regulations. The lined cell will 41 collect the leachate generated by the solid waste stored in the cell and the leachate will be 42 treated by an on-site wastewater treatment plant. Construction of an on-site treatment 43 plant was chosen as the method to address leachate produced at the landfill after the 44 alternative of piping it to the City of Kodiak Wastewater Treatment Facility was found not 45 to be a feasible option. Construction of the wastewater treatment plant is underway and 46 estimated to be complete in June,2015 47 48 49 50 Kodiak Island Borough Resolution No. FY2015-11 Page 1 of 4 Page 92 of 451 Resolution No. FY2015-11 Adopting a Capital improvement Proj... AGENDA ITEM #13.8.4. 51 2. MN Tustumena Replacement Vessel Construction 52 Estimated Project Cost $250,000,000 53 State Funding Request $50,000,000 54 55 The Alaska Department of Transportation and Public Facilities is currently in the process 56 of designing the MN Tustumena replacement vessel. The MN Tustumena was built in 57 1964 and serves the communities of South Central, Kodiak Island and Southwest Alaska. 58 It is one of two ocean class vessels in the Alaska Marine Highway System (AMHS) fleet. 59 Because of its size and design, it is the only AMHS vessel that is capable of serving all 13 60 ports of call between Homer and Unalaska. Retiring and replacing the MN Tustumena 61 with a vessel that is equally, if not more, versatile and seaworthy will provide reliable 62 marine transportation service well into the future for the communities, residents and 63 businesses in South Central, Kodiak Island and Southwest Alaska....Governor Parnell 64 added $5 million into the vessel construction fund in 2014 making the total available $45 65 million. Legislators also have the ability to add funds into the vessel construction fund, so 66 as to add to that total. (from the Alaska Marine Highway System website) 67 68 The MN Tustumena is an essential service to the communities of Kodiak Island. As such, 69 the Kodiak Island Borough is requesting that the Governor plan to include in the FY2017 70 capital budget a $50,000,000 deposit into the Vessel Replacement Fund to provide 71 funding for the construction of the replacement vessel 72 73 3. Anton Larsen Bay Road Extension to Ice Free Water 74 Estimated Project Cost $6,000,000 • 75 State Funding Request $6,000,000 76 77 An extension of the Anton Larsen Bay Road to ice free waters will provide year around 78 access to those communities located in the Kupreanof Strait as well as those who use the 79 island's west side for commercial and recreational purposes. Many times during the year 80 travel by vessel to Kodiak is treacherous. Extending the road to ice free waters makes 81 traveling safer, providing access to critical services located in the City of Kodiak including 82 hospitals and businesses. This route was identified in the Kodiak Transportation Plan as 83 an important upland facility. The Ouzinkie Native Corporation subsidiary, Spruce Island 84 Development Corporation (SIDCO) received a $450.000 legislative grant for planning and 85 design. DOT is finalizing the route and developing a more formal coast estimate. KIB is 86 working with various Tribes in an effort to secure BIA Tribal Roads money. Resolutions 87 from rural communities and letters of Support from the Tribes will be forwarded to KIB. 88 Funding is requested from DOT for construction and maintenance of this road as it is an 89 extension of an existing state roadway. The land owner, Ouzinkie Native Corporation, will 90 deed the road right of way to the State when construction funding is obtained. 91 92 4. Monashka Bay Water and Sewer Project: Feasibility, Planning and Design 93 Estimated Project Cost $500,000 94 State Funding Request $500,000 95 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer 96 and public water utilities in the Monashka Bay area. The soil and topography in this area 97 is not ideal for septic systems and many are failing. The construction of a wastewater 98 treatment facility at the Kodiak landfill provides an option for future expansion that could 99 include sanitary sewer treatment for the residents of this area. Water in this neighborhood 100 is provided by wells, cisterns and more frequently by tank from a distant public source, 101 Water quality and quantity are questionable in the Monashka Bay Neighborhood. Kodiak Island Borough Resolution No. FY2015-11 Page 2 of 4 Page 93 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. 102 Extension of water service from the City of Kodiak will be is needed. A feasibility study, 103 planning and design is the first step in providing water and sewer services to the residents 104 of the Monashka Bay area. 105 106 5. Service Area Road Improvements and Paving 107 Estimated Project Cost $5,000,000 108 KIB Funding Sources: local improvement district $1,000,000 109 State Funding Request $4,000,000 110 This project addresses the on-going need to improve portions of Borough Service Area I I I roads. There are approximately 26 miles of road among four Road Service Areas that 112 connect residential neighborhoods with the greater Kodiak community. Paving projects will 113 address main thoroughfares or busy neighborhood roads. Improvements to major 114 drainage courses, installation of guard rails, and other identified road improvement needs 115 may also be addressed with this funding. Priorities will be based on recommendations 116 made by the elected service area boards. Local contributions to project engineering and 117 design may be funded through local improvement districts where those in the district are 118 taxed a proportion of the project cost. 119 120 6. East Elementary Traffic Flow Improvements Design 121 Estimated Project Cost $2,000,000 122 KIB Funding Sources $20,000 123 State Funding Request $180,000 124 East Elementary School was constructed in 1966 with a substantial addition in 1988. The 125 facility now totals 39,842 square feet with twenty-five teaching stations. Since the 126 expansion, increased traffic flows due to business development have created dangerous 127 vehicle/student hazards when students are entering and leaving school. Reconfiguration 128 of the parking area will reduce risks by providing for a safer separation of pedestrians, 129 small vehicle traffic and bus loading/unloading. A new design will require an increase in 130 the total area of the parking lot to allow adequate parking to support increased building 131 usage and occupant load. 132 133 7. Peterson Elementary School Parking Rehabilitation, Drainage and Paving 134 Engineering& Design 135 Estimated Project Cost $2,000,000 136 KIB Funding Sources $20,000 137 State Funding Request $180,000 138 Peterson Elementary School was built in 1945 by the U.S. Navy on government property 139 to provide an educational facility for dependent children. The building was conveyed to 140 the Kodiak Island Borough and provides elementary education for children of Coast Guard 141 families living on base and for children of the Womens Bay community. The parking lot 142 for this 39,967 square foot facility is gravel, and requires excessive maintenance expense 143 due to continual pothole repair, re-grading, and surfacing. A paved surface will not only 144 reduce maintenance expenses, it will mitigate ice hazards in the cold months of the year 145 and will provide safer and cleaner facilities for the students, faculty, staff and parents. 146 147 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 148 State of Alaska Governor and Legislative Delegation of the Capital 149 Improvement Projects Priority List adopted by the Kodiak Island Borough 150 Assembly. 151 Kodiak Island Borough Resolution No. FY2015-11 Page 3 of 4 Page 94 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.8.4. 152 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 153 THIS DAY OF , 2014 154 155 156 KODIAK ISLAND BOROUGH 157 158 159 160 ATTEST: Jerrol Friend, Borough Mayor 161 162 163 164 Nova M. Javier MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2015-11 Page 4 of 4 Page 95 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. KODIAK ISLAND BOROUGH - " „err:- 'N AGENDA STATEMENT it „°� / s°`. SEPTEMBER 18,2014 Y.'_ ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2015-11 Adopting a Capital Improvement Projects Priority List for the 2015 State Legislative Session. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: In accordance with KIBC 2.40.030(E), the Planning and Zoning Commission has reviewed and updated a list of project priorities for the KIB Capital Improvement Program (CIP)for FY2015-2019. The Commission is required to make a recommendation to the Assembly by resolution and deliver that recommendation no later than October 1st of each year. The Commission reviewed last year's resolution and took into account those projects which have been funded since that time. In addition,the commission received input from the KIB Parks and Recreation Committee and made available opportunities for input by the general public. At its July 16, 2014 regular meeting the Commission reviewed the input received and adopted P&Z Resolution No. FY2015-01 Recommending a Capital Improvements Projects List for FY2015-2019.That resolution is now formally transmitted to the borough Assembly for its further consideration. The Assembly has historically referred to the Planning and Zoning Commission's CIP list in preparing a short list of projects for which the Borough requests legislative funding from the State of Alaska to assist in accomplishing important community priorities. The Assembly may add projects, amend language and figures as well as remove projects.The goal is to complete a list early in September so that projects may be considered by the different state agencies with the aim of being included in the Governor's Capital Budget. The adopted list will be forwarded to our legislative delegation, the governor, and any state agencies that would have oversight and/or involvement in the project. RECOMMENDED MOTION: Move to adopt Resolution No. FY2015-11. Kodiak Island Borough Page 96 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Prot.,. AGENDA ITEM #13.B.4. Introduced by. Borough Manager I Requested by: Borough Assembly 2 Drafted by: Special Projects Support 3 Introduced: 09/18/2014 4 Amended: Adopted. 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO.FY2015-11 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 0 BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL I IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2015 2 LEGISLATIVE SESSION 3 4 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 5 Kodiak Island Archipelago living in six incorporated cities and one community governed by 6 a tribal council government;and 7 8 WHEREAS, a Borough—wide capital improvement program has been adopted by the 9 Kodiak Island Borough Planning&Zoning Commission which identifies major needs of the 20 island community for the next five years; and 21 22 WHEREAS, the Kodiak Island Borough Assembly has identified major projects to submit 23 to the Alaska Governor and State Legislative Delegation for funding consideration; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 26 ISLAND BOROUGH THAT: 27 28 Section 1: The Kodiak Island Borough's State Legislative capital improvement project 29 priorities for the 2014 legislative session are as follows: 30 31 1. Kodiak Landfill Lateral Expansion,Wastewater Treatment Plant 32 Estimated Project Cost $16,000,000 33 State Funding Request $1,825,000 34 The Kodiak Island Borough is requesting support for approval of the SFY15 Municipal 35 Matching Grant request in the amount of$1,825,000 through DEC for this project. Alaska 36 Clean Water Fund loan funds have been approved for the project but the Borough is 37 seeking grant funds to reduce the burden of the debt repayment to the local rate payers. 38 39 The Kodiak Landfill Lateral Expansion project closes out the existing landfill footprint and 40 creates a new landfill cell designed to meet EPA and DEC regulations. The lined cell will 41 collect the leachate generated by the solid waste stored in the cell and the leachate will be 42 treated by an on-site wastewater treatment plant. Construction of an on-site treatment 43 plant was chosen as the method to address leachate produced at the landfill after the 44 alternative of piping it to the City of Kodiak Wastewater Treatment Facility was found not 45 to be a feasible option. Construction of the wastewater treatment plant is underway and 46 estimated to be complete in June,2015 47 48 49 50 Kodiak Island Borough Resolution No. FY2015-11 Page 1 of 4 Page 97 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.8.4. 51 2. MN Tustumena Replacement Vessel Construction 52 Estimated Project Cost $250,000,000 53 State Funding Request $50,000,000 54 55 The Alaska Department of Transportation and Public Facilities is currently in the process 56 of designing the MN Tustumena replacement vessel. The MN Tustumena was built in 57 1964 and serves the communities of South Central, Kodiak Island and Southwest Alaska. 58 It is one of two ocean class vessels in the Alaska Marine Highway System (AMHS) fleet. 59 Because of its size and design, it is the only AMHS vessel that is capable of serving all 13 60 ports of call between Homer and Unalaska. Retiring and replacing the MN Tustumena 61 with a vessel that is equally, if not more, versatile and seaworthy will provide reliable 62 marine transportation service well into the future for the communities, residents and 63 businesses in South Central, Kodiak Island and Southwest Alaska....Governor Parnell 64 added $5 million into the vessel construction fund in 2014 making the total available $45 65 million. Legislators also have the ability to add funds into the vessel construction fund, so 66 as to add to that total.(from the Alaska Marine Highway System website) 67 68 The MN Tustumena is an essential service to the communities of Kodiak Island. As such, 69 the Kodiak Island Borough is requesting that the Governor plan to include in the FY2017 70 capital budget a $50,000,000 deposit into the Vessel Replacement Fund to provide 71 funding for the construction of the replacement vessel 72 73 3. Monashka Bay Water and Sewer Project: Feasibility, Planning and Design 74 Estimated Project Cost $500,000 75 State Funding Request $500,000 76 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer 77 and public water utilities in the Monashka Bay area. The soil and topography in this area 78 is not ideal for septic systems and many are failing. The construction of a wastewater 79 treatment facility at the Kodiak landfill provides an option for future expansion that could 80 include sanitary sewer treatment for the residents of this area. Water in this neighborhood 81 is provided by wells, cisterns and more frequently by tank from a distant public source. 82 Water quality and quantity are questionable in the Monashka Bay Neighborhood. 83 Extension of water service from the City of Kodiak will be is needed. A feasibility study, 84 planning and design is the first step in providing water and sewer services to the residents 85 of the Monashka Bay area. 86 87 4. Service Area Road Improvements and Paving 88 Estimated Project Cost $5,000,000 89 KIB Funding Sources: local improvement district $1,000,000 90 State Funding Request $4,000,000 91 This project addresses the on-going need to improve portions of Borough Service Area 92 roads. There are approximately 26 miles of road among four Road Service Areas that 93 connect residential neighborhoods with the greater Kodiak community. Paving projects will 94 address main thoroughfares or busy neighborhood roads. Improvements to major 95 drainage courses, installation of guard rails, and other identified road improvement needs 96 may also be addressed with this funding. Priorities will be based on recommendations 97 made by the elected service area boards. Local contributions to project engineering and 98 design may be funded through local improvement districts where those in the district are 99 taxed a proportion of the project cost. 100 Kodiak Island Borough Resolution No. FY2015-11 Page 2 of 4 Page 98 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. 01 5. Extension of Public Utilities to Swampy Acres 02 Estimated Project Cost $5,000,000 03 State Funding Request $500,000 04 05 Extension of public utilities to the area between Kodiak City and Nemitz Park housing to 06 the area known as Swampy Acres will aid in the private development of the area to serve )7 the residential needs associated with U.S. Coast Guard expansion on Kodiak.This land is )8 privately owned by the Natives of Kodiak and is immediately adjacent to the U.S. Coast )9 Guard Support Center and is a logical choice for development. The U.S. Coast Guard is 0 looking for private interests to provide the bulk of its infrastructure needs as it looks to I grow in Alaska. Stationing additional vessels and fixed and rotary wing aircraft in Kodiak is 2 contingent upon having affordable housing stock to meet the needs of service men and 3 women and their families. These additional community residents are important to the 4 growth and vitality of the Kodiak community. We are requesting 5500,000 be funded for 5 design and cost estimate. 6 7 6. Anton Larsen Bay Road Extension to Ice Free Water 8 Estimated Project Cost $6,000,000 9 State Funding Request $6,000,000 20 21 An extension of the Anton Larsen Bay Road to ice free waters will provide year around 22 access to those communities located in the Kupreanof Strait as well as those who use the 23 island's west side for commercial and recreational purposes. Many times during the year 24 travel by vessel to Kodiak is treacherous. Extending the road to ice free waters makes 25 traveling safer, providing access to critical services located in the City of Kodiak including 26 hospitals and businesses, Ouzinkie Native Corporation as the land owner would dedicate 27 the land necessary to locate the road; funding is requested to DOT for construction and 28 maintenance of this road as it is an extension of an existing state roadway.This route was 29 identified in the Kodiak Transportation Plan as an important upland facility. The Ouzinkie 30 Native Corporation subsidiary, Spruce Island Development Corporation (SIDCO) received 31 a $450,000 legislative grant for planning and design. Included the scope will be 32 construction of a year round boat launchtramp facility. 33 34 7. Anton Larsen Bay Road Switchback Straightening 35 Estimated Project Cost $5,000,000 36 State Funding Request $500,000 37 38 The challenge to having a year around road connecting Anton Larsen Bay to the City of 39 Kodiak is the elimination of the switchbacks just beyond the golf course.This narrow road 40 works its way up a canyon in a series of switchbacks before it straightens out. It must also 41 accommodate a stream that is known to leave its banks. This section of road needs to be 42 addressed when discussing extending Anton Larsen Road to ice free waters. This 43 challenging section of road is a safety issue that needs to be resolved as we work to get 44 fishermen, rural communities and those living and working on the island safer access to 45 services in the City of Kodiak.The cost is estimated based on the work being done at the 46 Mayflower Beach switchback straightening project. $500,000 is being requested to initiate 47 planning and design work. 48 49 50 51 Kodiak Island Borough Resolution No. FY2015-11 Page 3 of 4 Page 99 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.8.4. 152 8. East Elementary Traffic Flow Improvements Design 153 Estimated Project Cost - $2,000,000 154 KIB Funding Sources $20,000 155 State Funding Request $180,000 56 East Elementary School was constructed in 1966 with a substantial addition in 1988. The 57 facility now totals 39,842 square feet with twenty-five teaching stations. Since the 58 expansion, increased traffic flows due to business development have created dangerous 59 vehicle/student hazards when students are entering and leaving school. Reconfiguration 60 of the parking area will reduce risks by providing for a safer separation of pedestrians, 61 small vehicle traffic and bus loading/unloading. A new design will require an increase in 62 the total area of the parking lot to allow adequate parking to support increased building 63 usage and occupant load. 64 65 9. Peterson Elementary School Parking Rehabilitation, Drainage and Paving 66 Engineering 8 Design 67 Estimated Project Cost $2,000,000 68 KIB Funding Sources $20,000 69 State Funding Request $180,000 70 Peterson Elementary School was built in 1945 by the U.S. Navy on government property 71 to provide an educational facility for dependent children. The building was conveyed to 72 the Kodiak Island Borough and provides elementary education for children of Coast Guard 73 families living on base and for children of the Womens Bay community. The parking lot 74 for this 39,967 square foot facility is gravel, and requires excessive maintenance expense 75 due to continual pothole repair, re-grading, and surfacing. A paved surface will not only 76 reduce maintenance expenses, it will mitigate ice hazards in the cold months of the year 77 and will provide safer and cleaner facilities for the students,faculty, staff and parents. 78 79 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 80 State of Alaska Governor and Legislative Delegation of the Capital 81 Improvement Projects Priority List adopted by the Kodiak Island Borough 82 Assembly. 83 R4 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 85 THIS DAY OF , 2014 86 87 R8 KODIAK ISLAND BOROUGH 89 90 91 92 ATTEST: Jerrol Friend, Borough Mayor 93 94 95 96 Nova M.Javier MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2015-11 Page 4 of 4 Page 100 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. Kodiak Island Borough ,"� Community Development Department r_ � = "`" 714 Mill Bay Road !r * nu.- } . _r 4r Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kog akak.us Memorandum Date: July 23,2014 To: Mr.Charles E.Cassidy,Jr.,Borough Manager @ Cc: Mr_Robert Ft Pederson,ACIP,Director,Community � Development Department V s j`1 From: Jack L Maker,Assistant Planner RE: Transmittal of P&Z Resolution FY2015-01 Recommending a Capital Improvement Projects list for FY 2015-2019. In accordance with KIBC 2.105,030.E, the Planning and Zoning Commission has reviewed and updated a list of project priorities for the KIB Capital Improvement Program (CIP) for FY 2015- 2019. The Commission is required to make a recommendation to the Assembly by resolution and deliver that recommendation no later than October 1st of each year. The Commission reviewed last year's resolution and took into account those projects which have been funded since that time. In addition, the commission received input from the KIB Parks and Recreation Committee and made available opportunities for input by the general public. At its July 16,2014 regular meeting,the Commission reviewed the input received and adopted P&Z Resolution No. FY2015-ot establishing a revised and updated list of project priorities for FY2015-2019. That resolution is transmitted to the Borough Manager's office for further consideration by the Assembly during the FY 2015 CIP process. Attachments: Adopted P&Z Resolution FY2015-01, Applicable Draft P&Z Minutes, P&R Committee Input,and P&Z CIP Packet. Page 101 of 451 Resolution No. FY2015-11 Adopting a Capital improvement Proj... AGENDA ITEM #13.B.4. 1 Introduced by: P&Z Commission 2 Requedoo by: P&Z Commission 3 Dratted by. Staff Introduced on: July 9,2014 4 Adopted on: July 16,2014 5 6 KODIAK ISLAND BOROUGH 7 PLANNING AND ZONING COMMISSION 8 RESOLUTION NO.FY2015-01 9 10 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING 11 COMMISSION RECOMMENDING A CAPITAL IMPROVEMENT PROJECTS PRIORITY 12 LIST FOR FY 2015-2019 13 14 WHEREAS, the Kodiak Island Borough represents approximately 15,000 residents of the 15 Kodiak Island Archipelago living in six incorporated cities and one community governed by 16 a tribal council government;and 17 18 WHEREAS, a Borough-wide capital improvement program is adopted annually by the 19 Kodiak Island Borough Assembly with recommendations from the Planning and Zoning 20 Commission. This IS identifies the major needs of the island community for the next five 21 years;and 22 23 WHEREAS, the Kodiak Wand Borough identifies priority projects to be submitted to the 24 Alaska State Legislative Delegaton,the Federal Legislative Delegation and when applying 25 for grants. 26 27 Section 1; The Kodiak Island Borough Planning and Zoning Commission recommend 28 the following capital improvement projects, not in any priority order, for 29 adoption into the Kodiak Island Borough FY 2015-2019 CIP list of capital 30 projects: 31 32 1. Landfill Lateral Expansion Phase III- Wastewater Treatment Facility $16,000,000 33 The Borough's bndfill is quickly filling up. Construction of an expansion cell adjacent to the 34 existing landfill is funded and underway. The expansion must meet all current EPA and DEC 35 regulations which require a liner to trap all fluids.This"leachate"will be treated on-site in new 36 treatment plant to be developed for that purpose. 37 38 2. E911 Replacement Equipment $350,000 39 The City of Kodiak completed construction of the new public safety building in 2010.One of the 40 important aspects of the new facility is to continue to provide area-wide dispatch services and 41 enhanced 911 (Egli) service to the Kodiak area. The City completed a study which advised 42 replacement of the system. The study indicated that basic upgrades with future expansion 43 capabilities will cost at least$350,000. The current system is operable but replacement parts 44 and serviceimaintenance agreements are no longer available due to the age of the system. 45 The City and Borough have been unable to find additional funding to help cover the cost of 46 replacement and will continue to look for available funding sources for this important public 47 safety service. 48 Kodiak Island Borough,Alaska Capital improvement Projects Resolution No,FY2015-01 Page 1 of 4 Page 102 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. 49 3. Anton Larsen Bay Road Extension to Ice Free Water $6,000,000 50 An extension of the Anton Larsen Bay Road to ice-free waters will provide year around 51 access to those communities located in the Kupreanof Strait and Kizhuiak Bay areas as 52 well as those who use the island's west side for commercial and recreational purposes. 53 Many times during the year travel by vessel to Kodiak is treacherous.Extending the road to 54 ice free waters makes traveling safer, providing access to critical services located in the 55 City of Kodiak including hospitals and businesses. This is envisioned to be a cooperative 56 effort between KIB, AKOOT, Ouzinkie Native Corporation (surface estate owner), Koniag 57 Inc. (subsurface estate owner) and other tribal entities. This route was identified in the 58 Kodiak Transportation Plan as an important upland facility. Some or all of the 59 aforementioned parties may participate in funding this. 60 61 3B. Anton Larsen Bay Road Switchback Straightening 5500,000 62 The challenge to having a year around road connecting Anton Larsen Bay to the City of 63 Kodiak is the elimination of the switchbacks just beyond the golf course.This narrow road 64 works its way up a canyon in a series of switchbacks before it straightens out. It must also 65 accommodate a stream that is known to leave its banks. This section of road needs to be 66 addressed when discussing extending Anton Larsen Road to ice free waters. This 67 challenging section of road is a safety issue that needs to be resolved as we work to get 68 fishermen. rural communities, and those living and working on the island safer access to 69 services in the City of Kodiak.The cost is estimated based on the work being done at the 70 Mayflower Beach switchback straightening project. $500,000 is being requested to initiate 71 planning and design work. 72 73 4. Monashka Bay Utility Installation/Water Treatment Plant . Phase I (Feasibility, 74 Planning and Design) $250,000 75 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer and 76 public water utilities in the Monashka Bay area;the soil and topography in this area is not ideal 77 for septic systems and many are failing. The construction of a wastewater treatment facility at 78 the Kodiak landfill provides an option for future expansion that could include sanitary sewer 79 treatment.A feasibility study, planning and design would be the first steps in providing water 80 and sewer services to the residents of the Monashka Bay area. 81 82 5. Service Area Road and Paving Improvements $5,000,000 83 To be applied to priority projects identified by the road service districts including Service Area 84 One, Womens Bay Service Area, Bayview Service Area, and Monashka Bay Service Area. 85 Priorities will be based on recommendations made by the elected service area boards and 86 professional engineering study. Local contributions to project engineering and design may be 87 funded through local improvement districts where those in the district are taxed a proportion of 88 the project. 89 90 6. Mission Road Safety Improvements $20,000,000 91 Mission Road is a major collector street for the community, and one of the roads that 92 lead to downtown. The project will widen the existing two (2) lanes and provide a 93 pedestrian and bike path on the shoulder or on the sidewalks. This requested funding 94 will provide for the needed planning and design that will help develop a scope of work and 95 the overall project cost. 96 Kodiak Island Borough,Alaska Capital Improvement Projects Resolution No.FY2015-01 Page 2 of 4 Page 103 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. 97 7. Mill Bay Beach Access and Recreation Upgrade $163,000 98 This beach is heavily used by residents, sports fisherman and the community who come to 99 view this bay located close to town. New construction items proposed here would include 100 new stairs and walkways and trail enhancements between the two beaches, as well as a 101 small raft/kayak bunch.The planning and design has already been funded. 102 103 8. Engineering and Design for East Elementary Traffic Flow Improvements $815,000 104 East Elementary School was constructed in 1966 with a substantially addition in 1988. 105 The facility now totals 39,842 square feet wih twenty-five teaching stations.Since the 106 expansion, increased traffic flows in the vicinity due to major business development have 107 created dangerous vehicle/student hazards when students are entering and leaving school. 108 Reconfiguration of the parking area will reduce risks by providing for a safer separation of 109 pedestrians, small vehicle traffic and bus loading/unloading. A new design wilt require an 110 increase in the total area of the parking tot to allow adequate parking to support increased 111 building usage and occupant load. 112 113 9. Peterson Elementary School Parking Lot Paving 51,690,000 114 Peterson Elementary School was built by the U.S. Navy on government property in 1945 115 to provide an educational facility for dependent children.The building was conveyed to the 116 Kodiak Island Borough and provides elementary education for children of Coast Guard 117 families living on base and for chikiren of the Womens Bay community.The parking lot for 118 this 39,967 square foot facility is gravel, and requires excessive maintenance expense 119 due to continual pothole repair, re-grading,and resurfacing. A paved surface will not 120 only reduce maintenance expenses,it will mitigate ice hazards in the cold months of the 121 year and will provide safer and cleaner facilities for the students,faculty,staff and parents. 122 123 10. Parks and Field Plan 550,000 124 Borough owns and manages land and fields for recreational purposes which need a master 125 plan to ensure best utization and maintenance by the community. A master plan would also 126 help to reconcile jurisdictional and policy concerns with regard to cooperative use 127 arrangements with City of Kodiak and KIB School District. 128 129 11. Kodiak Island Trail Improvements $50,000 130 This is a priority dentified by the Kodiak bland Borough Parks and Recreation Committee. 131 The purpose of the project would be to design and implement trail system improvements as 132 recommended and prioritized in the recently adopted Kodiak Road System Trail Plan,to 133 include. but not limited to, trail head improvements, parking area and ciculation plans, 134 drainage&nprovements,environmentaipermitting,etc. 135 136 12. Plan and Develop Womens Bay Boat Ramp $50,000 137 The 2007 Womens Bay Comprehensive Plan identifies a goal to provide public access to the 138 shoreline of Womens Bay for recreational purposes. This access would include access for 139 skiffs,kayaks and small pleasure craft. The project would initially develop a boat ramp design 140 with parameters and specifications that could be used in a site selection process. The 141 investigation of potential sites for public acquisition would then provide the necessary 142 information to develop a detailed cost breakdown of what would be required to complete the 143 project. 144 Kodiak Island Borough,Alaska Capita;Improvement Projects Resolution No,FY2015-01 Page 3 of 4 Page 104 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. 145 13. Chiniak School Playground Equipment $100,000 146 Members of the Chiniak community desire to replace unsafe playground equipment at the 147 Chiniak School. Total cost of the equipment, transportation, site prep, and construction is 148 estimated to be 5700,000. The Chiniak PTO is pursuing a KABOOM grant($15k match)and 149 has requested a match from the Borough and a match from the State Legislature, 150 151 14. VFW Rifle Range Reconstruction $150,000 152 The existing outdoor rifle range is closed because it is unsafe to property owners adjacent to 153 the facility. Bullets are known to have left the range creating off-she dangers. The solution to 154 this danger is to properly develop the area into a bone-a-fide 100 yard range.KISA has enlisted 155 the help of a range consultant that evaluated the existing range and made design suggestions 156 to make it available to the shooting public. Design aspects include the proper grading of the 157 area,creation of two backstops, expansion of the width of the range and the installation of a 158 baffle system.The continued closure of this range has led to a number of unsafe bandit ranges 159 along the road system that are not regulated,cause a public nuisance and are in dangerous. 160 161 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING 162 COMMISSION OF THE KODIAK ISLAND BOROUGH THAT 163 164 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 165 THIS.....1cot.b DAY OF —fuIt[ 2014 166 / 167 KODIAK ISLAND BOROUGH 168 PLANNING AND ZONING CO a SSION 169 170 171 ATTEST: Alan Torres,Chair 172 173 174 ell!f1. '01.%. 175 Sheila Smith,Secretary 176 Community Development Department Kodiak Island Borough,Alaska Capital Improvement Projects Resolution No.FY2015-01 Page 4 of 4 Page 145 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. KODIAK ISLAND BOROUGH DRAFT PLANNING & ZONING COMMISSION MINUTES APPLICABLE TO FY2015-2019 CAPITAL IMPROVEMENT PROJECTS July 16,2014 6:30 p.m.In the Assembly Chambers NEW BUSINESS C) FY2015-2019 Capital Improvement Projects Director Pederson reported that the commission's recommendations are passed on to the borough assembly and they formulate a list that goes to the Governor and Legislature for their actions. COMMISSIONER ARNDT MOVED to adopt the Planning and Zoning's Capital Improvement Project Resolution FY2015-01. COMMISSIONER DRABEK MOVED to amend #3 Anton Larsen Bay Road Extension to Ice-free Water-An extension of the Anton Larsen Say Road to ice-free waters will provide year around access to those communities located in this Kupreanof Strait and Kizhuiak Bay areas as well as those who use the island's west side for commercial and recreational purposes. Many times during the year travel by vessel to Kodiak is treacherous. Extending the road to ice free waters makes traveling safer, providing access to critical service located int eh City of Kodiak including hospitals and businesses. This is envisioned to be a cooperative effort between KIB, AKDOT, Ouzinkie Native Corporation (surface estate owner), Koniag Inc (subsurface estate owners) and other tribal entities. This route was identified in the Kodiak Transportation Plan as an importance upland facility. Some or all of the aforementioned parties may participate in funding this, and to add #6 from last year's resolution on page 10 of page 15, having both on the list together. Director Pederson stated to list them as 3A or 3B. COMMISSIONER SCHMITT MOVED TO AMEND the motion to have paragraph 3A be Ms. Drabek's proposed language on the Anton Larsen Bay Road Extension to ice-free water and sub-paragraph B be item#6 from last year's Borough Assembly CIP List. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Brief discussion. COMMISSIONER ARNDT stated that the e911 is partially funded through our monthly phone bills where there is a charge for e911. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY 7/16/2014 P&Z Guidelines Page 1 of 1 Page 106 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. NEW BUSINESS ITEM ITEM'.9-C P&Z REGULAR MEETING'.JULY IS,2014 PARKS AND RECREATION COMMITTEE FY 2015-2019 CAPITAL IMPROVEMENT PROJECTS APPROVED JUNE 24, 2014 REGULAR MEETING Not a prioritized list: • Dark Late Trail Plan Improvements please see attached memo • Parks and Fields Plan • Kodiak Island Urban Trails Plan-Downtown through town to College, Safeway, and Fort Abercrombie • Mill Bay Beach Site Plan and Construction • Woody Way Field Recreation Area P&R GIP List Page 1 of 1 Page 107 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. pro eogo NEW BUSINESS ITEM ITEM 9-C h P 8 Z REGULAR MEETING'.JULY 16,2014 k - p a 0.. : 3 ALASKA MEMORANDUM DATE: July 7, 2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Parks and Recreation Committee CIP list error RE: New Business Item 9C-FY2015-2019 Capital improvement Projects The Parks and Recreation Committee, at their June 24, 2014 regular meeting, approved a Capital Improvement Projects list for FY 2015-2019. The motion approving the list incorrectly identified the first item as"Dark Lake Trail Plan Improvements". This memo is to clarify that the first item on the list should read'Beaver Lake Trail Plan Improvements". P&P PIP last Ciantcaron Memo Page 1 of 1 Page 108 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. NEW BUSINESS ITEM 9-C Pal REGULAR MEETING.JULY 16,2014 n10; Rat Com,204, Pv 2,4:44402 vies fan:k:::•'. v:att In:txNee0 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO.FY2015-01 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR FY 2015-2019 WHEREAS, the Kodiak Island Borough represents approximately 15.000 residents of the Kodiak lshnd Archipelago lying in six incorporated cities and one community governed by a tribal councilgovernment; and WHEREAS, a Borough-wide capital improvement program is adopted annually by the Kodiak Island Borough Assembly with recommendations from the Planning and Zoning Commission. This Ast identifies the major needs of the island community for the noel five years;and WHEREAS, the Kodiak bland Borough identifies priority projects to be submitted to the Alaska State Legislative Delegation,the Federal Legislative Delegation and when applying for grants. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Hand Borough Planning and Zoning Commission recommend the following capital improvement projects, not in any priority order, for adoption into the Kodiak Island Borough PY2014-2018 CIP fist of capital projects: 1. Landfill Lateral Expansion Phase III -Wastewater Treatment Facility $16,000,000 The Borough's Sndilll S quickly filling up.Construction 01 an expansion cell adjacent to the existing landfill is funded and underway. The expansion must meet all crrrent EPA and DEC regulations which require a liner to trap all ftuids.This'Rachate"will be!realer) on-she in new treatment plant to be developed for that purpOSe. 2. E911 Replacement Equipment $350,000 The City of Kodiak completed construction of the new public safety building in 2010. One of the important aspects of the new facility is to continue to provide area-wide dispatch services and enhanced 911 (E911) service to the Kodiak area. The City completed a study which advised replacement of the system. The study indicated that basic upgrades with future expansion capabilities will cost at least 2350,000.The current system is operable but replacement parts and service/maintenance agreements are no longer available due to the age of the system.The City and Borough have been unable to find additional funding to help cover the cost of replacement and will continue to look for available funding sources for this important public safety service. Kodiak Island Borough Resolution No.FY2015-01 Capital Improvement Projects Page t of 4 P65 2014 Capital Improvements Projects Packet Page 1 of 15 Page 109 of 451 Resolution No. FY2015-11 Adopting a Capital improvement Proj... AGENDA ITEM #13,6.4. NEW BUSINESS ITEM 9-C P&Z REGULAR MEETING.JULY 16,2014 3. Anton Larsen Bay Road Extension to Ice Free Water 56,000,000 This road would provide alternative year around access to Kodiak Road System services for the Villages of Ouzinkie, Port Lions, and Larsen Bay It would also serve the commercial and sport fishers and others living, working, or recreating on Kodiak Island's west side. This project is to provide planning, pre-design,and engineering funding for the route selected. This is envisioned to be a cooperative effort between KID,AKDOT, Ouzinkie Native Corporation (surface estate owner), and Koolau Inc. (sub-surface estate owner. Additionally,this roadway is Used by members of Pon Lions,Larsen Bay,Woody Island,Afognak,Ouzinkie,and the Sun'aq Tribes.Members from the Old Harbor, Akhiok, Kaguyak,and Karluk Tribes also reside along the Kodiak road system and would benefit from the improvements.Some or all of these parties may partner in funding this project. 4. Monashka Bay Utility Installation/Water Treatment Plant-Phase I(Feasibility, Planning and Design) $250,000 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer and public water utilities in the Monashka Bay area;the soil and topography in this area is not ideal for septic systems and many are failing. The construction of a wastewater treatment facility at the Kodiak landfill provides an option tor future expansion that could include sanitary sewer treatment. A feasibility study,planning and design would be the first steps in providing water and sewer services to the residents of the Monashka Bey area. 5. Service Area Road and Paving Improvements $5,000,000 To be applied to priority projects identified by the road service districts including Service Area One, Womens Bay Service Area, Bayview Service Area,and Monashka Bay Service Area. Priorities will be based on recommendations made by the elected service area boards and professional engineering study. Local contributions to project engineering and design may be funded through local improvement districts where those in the district are taxed a proportion of the project. 6. Mission Road Safely Improvements 520,000,000 Mission Road a a major collector street for the community,and one of the roads that lead to downtown. The project will widen the existing two (2)lanes and provide a pedestrian and bike path on the shoulder or on the sidewalks.This requested funding will provide for the needed planning and design that will help develop a scope of work and the overall project cost. 7. Mill Bay Beach Access and Recreation Upgrade $163,000 This beach is heavily used by residents,sports fisherman and the community who come to view this hey located close to town. New construction items proposed here would include new stairs and walkways and trail enhancements between the two beaches, as well as a small raft/kayak launch.The planning and design has already been funded. 8. Engineering and Design for East Elementary Traffic Flow Improvements $815,000 East Elementary School was constructed in 1966 with a substantially addition in 1988. The facility now totals 39.842 square feet wth twenty-five teaching stations.Since the expansion, increased traffic flows in the vicinity due to major business development have created dangerous vehicle/student hazards when students are entering and leaving school. Reconfiguration of the parking area will reduce risks by providing for a safer separation of pedestrians, small vehicle traffic and bus loading/unloading. A new design will require an increase in the total area of the parking lot to allow adequate parking to support increased building usage and occupant load Kodiak Island Borough Resolution No.FY2015-01 Capital Improvement Projects Page 2 of 4 P&Z 2015 Capital Improvements Projects Packet Page 2 of 15 Page 110 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.8.4. NEW BUSINESS ITEM 9-C P&Z REGULAR MEETING.JULY 10,2014 9. Peterson Elementary School Parking Lot Paving $1,690,000 Peterson Elementary School was built by the U.S. Navy on government property in 1945 to provide an educational facility for dependent children.The building was conveyed to the Kodiak brand Borough and provides elementary education for children of Coast Guard familes living on base and for chidren of the Womens Bay community.The parking lot for this 39 957 square foot facility is gravel, and requires excessive maintenance expense due to continual pothole repair, re-grading, and resurfacing. A paved surface will not only reduce maintenance expenses,it will mitigate ice hazards in the cold months of the year and will provide safer and cleaner facilities for the students,(acuity,staff and parents. 10. Parks and Field Plan $50,000 Borough owns and manages land and fields for recreational purposes which need a master plan to ensure best utilization and maintenance by the community. A master plan would also help to reconcile jurisdictional and policy concerns with regard to cooperative use arrangements with City of Kodiak and KIB School District. 11. Kodiak Island Trail Improvements 550.000 This k a priority identified by the Kodiak Island Borough Parks and Recreation Committee,The purpose of the project would be to design and implement trail system improvements as recommended and prioritized in the recently adopted Kodiak Road System Trail Plan,to include, but not limnad to. trail head improvements, parking area and circulation plans. drainage improvements,environmental permitting,etc. 12. Plan and Develop Womens Bay Boat Ramp $50,000 The 2007 Womens Bay Comprehensive Plan identifies a goal to provide public access to the shoreline of Worsens Bay for recreational purposes. This access would include access for skiffs, kayaks and small pleasure craft, The project would initially develop a boat ramp design with parameters and specifications that could be used in a site selection process. The investigation of potential sites for public acquisition would then provide the necessary information to develop a detailed cost breakdown of what would be required to complete the project. 13. Chiniak School Playground Equipment $100,000 Members of the Chiniak community desire to replace unsafe playground equipment at the Chiniak School.Total cost of the equipment,transporladon, site prep,and construction is estimated to be $100,000-The Chiniak P1'0 is pursuing a KABOOM grant(515k match)and has requested a match from the Borough and a match from the State Legislature. 14. VFW Rifle Range Reconstruction 5150,000 The existing outdoor rifle range is closed because it is unsafe to property owners adjacent to the facility.Bullets are known to have left the range creating oil-site dangers,The solution to this danger is to properly develop the area into a bone-a-tide 100 yard range. KISA has enlisted the help of a range consultant that evaluated the existing range and made design suggestions to make it available to the shooting public. Design aspects include the proper grading of the area, creation of two backstops,expansion of the width at the range arid the installation of a baffle system.The continued closure of this range has led to a number of unsafe bandit ranges along the road system that are not regulated,cause a public nuisance and are in dangerous. Kodiak Island Borough Resnbnion No.FY2OSS-Ot Capital Improvement Projects Page 3 of 4 P&22015 Capital Improvements Projects Packet Page 3 of 15 Page 111 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.8.4. NEW BUSINESS ITEM 9-C P8Z REGULAR MEETING.JULY 16,2014 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS DAY OF , 2014 PLANNING AND ZONING COMMISSION Alan Torres,Chair ATTEST Sheila Smith, Secretary Kodiak Island Borough Resolution No.FY2015-01 Capital Improvement Projects Page 4 of 4 P&Z 2015 Capital Improvements Projects Packet Page 4 of 15 Page 112 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.8.4. NEW BUSINESS ITEM 9-C PAZ REGULAR MEETING.JULY 16,2014 Jack Maker From: Bob Pederson Sent: Tuesday,July 01,2014 930 AM To: Jack Maker;Martin Lydick Cc: Sheila Smith Subject: FW:CIP review Attachments: Assembly Strategic Plan.docx;Siigned State Legislative CIP Priority List.pdf Robert H-Pederson AICP Director,Community Development Department (907)486-9363 bpederson kodiakak.us From:Bud Cassidy Sent:Tuesday,July 01,2014 9:02 AM To:Bob Pederson Cc:Meagan Christiansen;Dave Conrad Subject:CIP review Bob— Please schedule the adoption of a CIP list on your next agenda.I have attached last year's CIP resolution as well as the adopted Strategic Plan. We are working on a project grant from DEC to provide funding for the Waste Water Treatment Plant at the landfill. Scoring of grant applications is based on various categories.Points are given for each category.One of the categories is passage of a CIP resolution by the governing body that identifies this project as the communities AI project.We are going to suggest the Assembly that this be the Borough's kl project in order to score the maximum amount of points in that category.This project just missed being funded last year.We were third below those projects that got funded. As you know,the acquisition of this grant has a direct cost savings to those users of the landfill.That is important because we have been asked to treat the leachate to drinking water standards which has resulted in a significant increase in project cost and a jump in landfill fees. Thanks Bud PAZ 2015 Caonai Improvements PfOjeCtS Packet Page 5 of 15 Page 113 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. NEW BUSINESS ITEM 9-C P52 REGULAR MEETING:JULY 16,2014 Qy� KODIAK ISLAND BOROUGH A ‘:(14.• =Or IhNit STRATEGIC PLAN 2014-2018 The Kodiak Island Borough is responsible, through direction from the Assembly,for day to day management of Borough governance. Staff will manage the operations of the Borough services in a way that provides for the most cost efficient, transparent, and beneficial resources to the communities of Kodiak. This includes managing the financial, human, natural, and capital resources of the Borough to best serve the interests of Kodiak, as well as caring for Borough facilities. The health, education and safety of the people of Kodiak is a high priority and will be treated as such in Borough dealings. Goals: 1. Restructure the budget development calendar Develop a budget calendar to facilitate a smoother budget development process. 2. M/V Tustumena Replacement Vessel Full funding to construct a replacement ferry is not in place and important to the economic well being of Kodiak,Communities on the island and Western Alaska. 3. Payoff of PERS/TERS unfunded liability Payment of the KIB and KIBSD unfunded liability with fund balance will lessen future obligation by Kodiak residents. 4. Kodiak Economic Development Corporation Develop a Kodiak Economic Development Corporation who will work to attract new business growth and encourage business expansion island-wide. 5. Develop and implement a Military Facility Zone Designation of a Military Facility Zone will provide low interest loans to developers to expand support services important for the expansion of the various missions of the USGC in Kodiak. 6. Address the results of the Kodiak Area Energy Audit conducted by AEA Work to diversify energy sources for island residents P&Z 2015 Capital Improvements Projects Packet Page 6 of 15 Page 114 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. NEW BUSINESS ITEM 9-C P82 REGULAR MEETING'.JULY lb,2014 7. improve Borough owned Land and Resource Management Program Develop a lands and resource management program that identifies lands and resources to be disposed, acquired and retained in a manner that will not unduly affect the existing market and that benefits present and future residents. 8. solid waste Management Develop(Expand the existing) a solid waste management plan that identifies the most efficient method of collecting,disposing and diverting municipal waste and also considers convenience and effectiveness. 9. Citizen Participation • Develop the technologies that increase resident involvement in the decision making process of the borough. 10.Consolidation of Services and Governments Pursue methods of combining similar duties and responsibilities into larger management schemes(one large road service district,one borough fire-fighting district and one larger government)to most efficiently serve the public. 11. Expand Existing Public Utilities Expand existing public utilities to areas beyond that presently served. 12. Maintenance of Borough Assets Develop a program that maintains borough's fixed assets in a manner that retains their value, functionality,and purpose. PR 2015 Capimel Improvements Projects Packet Page 0 of 15 Page 115 of 451 Resolution No. FY2015-11 Adopting a Capital improvement Proj... AGENDA ITEM #13.B.4. NEW BUSINESS ITEM 9-C Pat REGULAR MEETING.JULY 16,2014 '! Introduced by: Borough Manager Requested by: Borough Assembly Drafted by: Special Projects Support InvoduCed: 09/1912013 Postponed'. 09119/2013 ( Amended: 10/03/2013 3 Adopted. 10/032013 4 KODIAK ISLAND BOROUGH 5 RESOLUTION NO.FY2014-12 6 7 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 0 8 BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL 9 IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2014 10 LEGISLATIVE SESSION 11 12 WHEREAS,the Kodiak Island Borough represents approximately 14,000 residents of the 13 Kodiak Island Archipelago living in six incorporated cities and one community governed by 14 a tribal council government;and 15 16 WHEREAS, a Borough-wide capital improvement program has been adopated by the 17 Kodiak Island Borough Planning&Zoning Commission which identifies major needs of the 18 island community for the next five years;and 19 20 WHEREAS,the Kodiak Island Borough Assembly has identified major projects to submit � . ; 21 to the Alaska Governor and State Legislative Delegation for funding consideration; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 24 ISLAND BOROUGH THAT: 25 26 Section It 'The Kodiak Island Borough's State Legislative capital improvement project 27 priorities for the 2014 legislative session are as follows: 28 29 1. Kodiak Landfill Lateral Expansion,Wastewater Treatment Plant 30 Estimated Project Cost $15,678,526 31 State Funding Request $3,000,000 32 The Kodiak Island Borough is requesting support for approval of the SFY55 Municipal 33 Matching Grant request of$3 million through DEC for this project. Alaska Clean Water 34 Fund loan funds have been approved for the project but the Borough is seeking grant 35 funds to reduce the burden of the debt repayment to the local rate payers. 0 36 37 The Kodiak Landfill Lateral Expansion project closes out the existing landfill footprint and 38 creates a new landfill cell designed to meet EPA and DEC regulations,The lined cell will 39 collect the leachate generated by the solid waste stored in the cell and the leachate will be 40 treated by an on-site wastewater treatment plant. Construction of an on-site treatment 41 plant was chosen as the method to address leachate produced at the landfill after the 42 alternative of piping it to the City of Kodiak Wastewater Treatment Facility was found not 1 1 43 to be a feasible option. 44 f Kodiak Island Borough Resolution No.FY2014.12 Page 1 of 4 P32 2015 Capital Improvements Projects Packet Page 8 al 15 Page 116 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.8.4. NEW BUSINESS ITEM 9-C P82 REGULAR MEETING:JULY 16,2014 ( 45 2. Monashka Bay Water and Sewer Project:Feasibility,Planning and Design 46 Estimated Project Cost $500,000 47 State Funding Request $500000 48 There are 256 residential parcels that lie outside the reach of the existing sanitary sewer 49 and public water utilities in the Monashka Bay area. The soil and topography in this area 50 is not ideal for septic systems and many are failing. The construction of a wastewater 51 treatment facility at the Kodiak landfill provides an option for future expansion that could (� 52 include sanitary sewer treatment for the residents of this area. Water in this neighborhood 53 is provided by wells,cisterns and more frequently by tank from a distant public source. 54 Water quality and quantity are questionable in the Monashka Bay Neighborhood. 55 Extension of water service from the City of Kodiak will be is needed.A feasibility study. 56 planning and design is the test step in providing water and sewer services to the residents 57 of the Monashka Bay area. 58 59 3. Service Area Road and Paving Improvements 60 Estimated Project Cost $5,000,000 61 KIB Funding Sources:local improvement district $1,000,000 62 State Funding Request $4,000,000 63 This project addresses the on-going need to pave portions of Borough Service Area 64 roads. There are approximately 26 miles of road among four Road Service Areas that —' 65 connect residential neighborhoods with the greater Kodiak community.Paving projects will 66 address main thoroughfares or busy neighborhood roads as well as improvements to �- 67 major drainage course that run through these areas, Funding wilt be applied to priority 68 projects identified by the road service districts(Service Area One,Womens Bay Service 69 Area,Bayvtew Service Area,and Monashka Bay Service Area). Priorities will be based 70 on recommendations made by the elected service area boards. Local contributions to if project engineering and design may be funded through local improvement districts where 72 those in the district are taxed a proportion of the project. 73 74 4. Extension of Public Utilities to Swampy Acres 75 Estimated Project Cost $5,000,000 76 State Funding Request $500,000 77 78 Extension of public utilities to the area between Kodiak City and Nemtz Park housing to 79 the area known as Swampy Acres will aid in the private development of the area to serve (---) 80 the residential needs associated with U.S.Coast Guard expansion on Kodiak.This land is 81 privately owned by the Natives of Kodiak and is immediately adjacent to the U.S. Coast 82 Guard Support Center and is a logical choice for development,The U.S. Coast Guard is 83 looking for private interests to provide the bulk of its infrastructure needs as it looks to 84 grow in Alaska.Stationing additional vessels and fixed and rotary wing aircraft in Kodiak is 85 contingent upon having affordable housing stock to meet the needs of service men and women and their families. These additional community residents are important to the 87 growth and vitality of the Kodiak community. We are requesting$500000 be funded for t_j 88 design and cost estimate. Kodiak Island Borough Resolution No.FY2014-12 Page 2 of 4 PAZ 2015 Capital Improvements Projects Packet Page S of 15 Page 117 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. NEW BUSINESS ITEM 9-C P&Z REGULAR MEETING.JULY 16,2014 r� I 89 5. Anton Larsen Bay Road Extension to Ice Free Water 90 Estimated Project Cost $6,000,000 1 ' 91 State Funding Request $6,000,000 92 93 An extension of the Anton Larsen Bay Road to ice free waters will provide year around 94 access to those communities located in the Kupreanof Strait as well as those who use the f.. 95 island's west side for commercial and recreational purposes.Many times during the year 96 travel by vessel to Kodiak is treacherous. Extending the road to ice free waters makes 97 traveling safer,providing access to critical services located in the City of Kodiak including 98 hospitals and businesses.Ouzinkie Native Corporation as the land owner would dedicate 99 the land necessary to locate the road;funding is requested to DOT for construction and 00 maintenance of this road as it is an extension of an existing state roadway.This route was 01 identified in the Kodiak Transportation Plan as an important upland facility.The Ouzinkie 02 Native Corporation subsidiary,Spruce Island Development Corporation(SIDCO)received 03 a $450,000 legislative grant for planning and design. Included the scope will be 04 construction of a year round boat launch/ramp facility. 05 06 6. Anton Larsen Bay Road Switchback Straightening 07 Estimated Project Cost $5,000,000 08 State Funding Request $500,000 09 10 The challenge to having a year around road connecting Anton Larsen Bay to the City of 11 Kodiak is the elimination of the switchbacks just beyond the golf course,This narrow road 12 works its way up a canyon in a series of switchbacks before it straightens out.It must also 13 accommodate a stream that is known to leave its banks.This section of road needs to be 14 addressed when discussing extending Anton Larsen Road to ice free waters. This 15 challenging section of road is a safety issue that needs to be resolved as we work to get 16 fishermen, rural communities and those living and working on the island safer access to 17 services in the City of Kodiak.The cost is estimated based on the work being done at tie 18 Mayflower Beach switchback straightening project.$500,000 is being requested to initiate 19 planning and design work. 20 21 7. East Elementary Traffic Flow Improvements Design 22 Estimated Project Cost $2,000,000 23 KIB Funding Sources $20,000 24 State Funding Request $180,000 25 East Elementary School was constructed in 1965 with a substantial addition in 1988. The 26 facility now totals 39,842 square feet with twenty-five teaching stations. Since the 27 expansion,increased traffic flows due to business development have created dangerous 28 vehicle/student hazards when students are entering and leaving school. Reconfiguration 29 of the parking area will reduce risks by providing for a safer separation of pedestrians, } 1 30 small vehicle traffic and bus loading/unloading. A new design will require an increase in 31 the total area of the parking lot to allow adequate parking to support increased building 32 usage and occupant load, , Kodiak Island Borough Resolution No.FY2014-12 Page 3 of 4 P&Z 2015 Capital Improvements Protects Packet Page 10 of 15 Page 118 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. • NEW BUSINESS ITEM 9-C PPP REGULAR MEETING.JULY 16,2014 1 133 8. Peterson Elementary School Parking Rehabilitation, Drainage and Paving 134 Engineering&Design 135 Estimated Project Cost $2.000,000 136 KIB Funding Sources $20,000 137 State Funding Request $180,000 38 Peterson Elementary School was built in 1945 by the U.S. Navy on government property 39 to provide an educational facility for dependent children. The building was conveyed to 40 the Kodiak(stand Borough and provides elementary education for children of Coast Guard 41 families living on base and for children of the Womens Bay community. The parking lot 42 for this 39,967 square foot facility is gravel,and requires excessive maintenance expense 43 due to continual pothole repair,re-grading,and surfacing. A paved surface will not only 44 reduce maintenance expenses,it will mitigate ice hazards in the cold months of the year 45 and will provide safer and leaner facilities for the students,faculty,staff and parents. 46 47 Section Z The Kodiak Island Borough administration is hereby instructed to advise our 48 State of Alaska Governor and Legislative Delegation of the Capital 49 Improvement Projects Priority List adopted by the Kodiak Island Borough 50 Assembly. 51 52 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53 THIS THIRD DAY OF OCTOBER,2013 54 55 56 K0e •K ISLAND BoROUGH 57 58 59 60 At IEST: Jeiome M,Set,y,iorough Mayor J 63 62 1 64 Nova M.Javier/ C,Borough Clerk 0 fl J Kodak Island Borough Resolution No.FY2014 i2 Page 4 of 4 PSZ 2015 Capital Improvements Protects Packet Page 11 0115 Page 119 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.8.4. NEW BUSINESS ITEM SC P&2 REGULAR MEETING'JULY 16,2014 introduced Dv:: FEZ Con nosun Requested to FEZ Cornniss.on Draftedep: Stan IrLoduced. AutotN I4,2013 Adopted August 21,2013 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO.FY20't4-03 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING A CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR FY 2014-2018 WHEREAS, the Kodiak island Borough represents approximately 15,000 residents of the Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal council government;and WHEREAS,a Borough—wide capital improvement program is adopted annually by the Kodiak island Borough Assembly with recommendations from the Planning and Zoning Commission. This list identifies the major needs of the island community for the next five years;and WHEREAS,the Kodiak Island Borough identities priority projects to be submitted to the Alaska State Legislative Delegation,the Federal Legislative Delegation and when applying for grants. NOW,THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Kodiak Island Borough Planning and Zoning Commission recommend the following capital improvement projects. not in any priority order, for adoption into the Kodiak Island Borough FY 2014—2018 CIP list of capital projects: 1. Landfill Lateral Expansion Phase III—Wastewater Treatment Facility $3,000,000 The Borough's landfill is quickly filling up.Construction of an expansion cell adjacent to the existing landfill is funded and underway.The expansion must meet all current EPA and DEC regulations which require a liner to trap ail fluids,This'leachate'will he treated on-site in new treatment plant to be developed for that purpose. 2. TUSTEMENA CLASS REPLACEMENT—Design and construction$70,000,000 The MN Tusturnena is a critical transportation link to Kodiak Island and southwest Alaska. The lack of regular scheduled service from the mainland to Kodiak.from Kodiak to the island rural villages,and out the Aleutian chain has created hardships for alt.The softt'ion to this problem is the construction of a Tusteelena-class replacement terry as soon as possible,ti is vital that a new ferry be designed to work with existing docking facilities because many of the communities served have constructed docks to serve a vessel that operates like the Tustumena.The cost of a new Tustumena-class ferry is anticipated to be well over$150 million dollars. Kodiak Island Borough Resolution No.FY2014-03 Capital Improvement Projects Page 1 of 4 P&Z 2015 Capital improvements Proieuts Packet Page 12 of 15 Page 120 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. NEW BUSINESS ITEM 9-0 ESE REGULAR MEETING,JULY 16,2014 Approximately Sic million dollats has previously been earmarked for the design of a replacement vessel.There is an additional$30,000,000 in the ferry replacement fund that should be designated for construction of the Tustemena replacement.At least$70,000,000 should be funded-possibly over the new two budget cycles-for construction of a new ferry. 3. E911 Replacement Equipment $350,000 The City of Kodiak completed construction of the new public safety building in 2010.One of the important aspects of the new tacitly is to continue to provide area-wide dispatch services and enhanced 911 (ell)service to the Kodiak area. The City completed a study which advised replacement of the system. The study indicated that basic upgrades with future expansion capabilities will cost at least 5350,000. The current system is operable but replacement parts and service/maintenance agreements are no longer available due to the age of the system.The City and Borough have been unable to find additional funding to help cover the cost of replacement and will continue to look for available funding sources for this important public safety service. 4. Anton Larsen Bay Road Extension to Ice Free Water $ This road would provide alternative year around access to Kodiak Road System services for the Villages of Ouzinkie,Port Lions,and Larsen Bay It would also serve the commercial and sport fishers and others living,working,or recreating on Kodiak Island's west side. This project is to provide planning,pre-design,and engineering funding for the route selected.This is envisioned to be a cooperative effort between KIB, AKOOT, Ouzinkie Native Corporation (surface estate owner), and Koniag Inc. (sub-surface estate owner. Additionally, this roadway is used by members of Port Lions, Larsen Bay,Wondy Island,Afoonek,Ouzinkie,and the Suriaq Tribes. Members from the Old Harbor,Akhiok,Kaguyak,and Karluk Tribes also reside along the Kodiak mad system and would Ponta from the improvements.Some or all of these patties may partner in funding this project. 5. Monashka Bay Utility Installation/Water Treatement Plant-Phase I(Feasibility, Planning and Design) $250,000 There are 256 residentail parcels that lie outside the reach of the existing sanitary sewer and public water uarties in the Monashka Bay area,the soil and topography in this area is not ideal for septic systems and many are failing. The construction of a wastewater treatment facility at the Kodiak landfill provides an option for future expansion that could include sanitary sewer treatment, A feasibility study, planning and design would be the first steps in providing water and sewer services to the residents of the Monashka Bay area. 6. Service Area Road and Paving Improvements $5,000,000 To be applied to priority projects identified by the road service districts including Service Area One, Womens Bay Service Area, Bayveiw Service Area, and Monashka Bay Service Area. Priorities will be based on recommendations made by the elected service area boards and professional engineering study. Local contributions to project engineering and design may be funded through local improvement districts where those in the district are taxed a proportion of the protect. Kodiak Island Borough Resolution No.FY2014-03 Capital Improvement Projects Page 2 of 4 Paz 2615 Capital Improvements Projects Packet Page 13 of 15 Page 121 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. NEW BUSINESS ITEM S C PFZ RESUTAR MESSING'JULY 16,2014 7. Mission Road Safety Improvements $20.000,000 Mission Road is a major collector street for the community, and one of the roads that lead to downtown,The project will widen the existing two(2)lanes and provide a pedestrian and bike path on the shoulder or on the sidewalks. This requested funding will provide for the needed planning and design that will help develop a scope of work and the overall project cost. 8- Mill Bay Beach Access and Recreation Upgrade $183,000 This beach is heavily used by residents,sports fisherman and the community who come to view this bay located close to town. New construction items proposed here would include the construction of new stairs and walkways as well as trail enhancements between the two beaches as well as a small rafUkayak launch.The planning and design has already been funded. 9. Engineering and Design for East Elementary Traffic Flow Improvements $815,000 East Elementary School was constructed in 1966 with a substantially addition in 1968. The facility now totals 39,842 square feet with twenty-five teaching stations. Since the expansion, increased traffic flows in the vicinity due to major business development have created dangerous vehicle/student hazards when students are entering and leaving school. Reconfiguration of the parking area will reduce risks by providing for a safer separation of pedestrians, small vehicle traffic and bus loading/unloading. A new design will require an increase in the total area of the parking lot to allow adequate parking to suppon increased building usage ano occupant load. 10. Peterson Elementary School Parking Lot Paving $1,690,000 Peterson Elerentary School was built by the U.S. Navy on government property in 1945 to provide an educational facility for dependent children. The building was conveyed to the Kodiak Island Borough and provides elementary education for children of Coast Guard families Irving on base and for children of the Womens Bay community. The parking lot for this 39,967 Square foot facility is gravel,and requires excessive maintenance expense due to continual pothole repair, re-grading, and resurfacing. A paved surface will not only reduce maintenance expenses, it will mitigate ice hazards in the cold months of the year and will provide safer and cleaner facilities for the students,faculty,staff and parents. 11. Parks and Field Plan $50,000 Borough owns and manages land and fields for recreational purposes which need a master plan to ensure best utilization and maintenance by the community. A master plan would also help to reconcile jurisdictional and policy concerns with regard to Cooperative use arrangements with City of Kodiak and KIS School District, 12. Kodiak Island Trail Improvements $50,000 This is a priority identified by the Kodiak Island Borough Parks and Recreation Committee. The purpose of the project would be to design and implement trail system improvements as recommended and prioritized in the recently adopted Kodiak Road System Trail Plan,to include,but not limited to,trail head improvements,parking area and circulation plans,drainage improvements,environmental permitting,etc. 13. Plan and Develop Womens Bay Boat Ramp $50,000 The 2007 Womens Bay Comprehensive Plan identifies a goal to provide public access to the shoreline of Womens Bay for recreational purposes. This access would include access for Kodiak Island Borough Resolution No,FY2014-03 Capital Improvement Projects Page 3 of 4 P&Z 2015 capital Improvements Projects Packet Page 14 of 15 Page 122 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. NEW BUSINESS ITEM 4C P&Z REGULAR MEETING'.JULY 16,2014 skiffs,kayaks and small pleasure craft. The project would initially develop a boat ramp design with parameters and specifications that could be used in a site selection process. The investigation of potential sites for public acquisition would then provide the necessary information to develop a detailed cost breakdown of what would he required to complete the project. 14. Chiniak School Playground Equipment $100,000 Members of the Chiniak community desire to replace unsafe playground equipment at the Chiniak School. Total cost of the equipment, transportation, site prep, and construction is estimated to be$100,000.The Chiniak PTO is pursuing a KABOOM grant($15k match)and have requested a match from the Borough and a match from the State Legislature, 15. VFW Rifle Range Reconstruction $150,000 The existing outdoor rifle range is closed because it is unsafe to properly owners adjacent to the facility,Bullets are known to have left the range creating aft-site dangers.The solution to this danger is to property develop the area into a bone-a-lide 100 yard range.KIM has enlisted the help of a range consultant that evaluated the existing range and made design suggestions to make it available to the shooting public.Design aspects include the proper grading of the area, creation of two backstops,expansion of the width of the range and the installation of a baffle system.The continued closure of this range has led to a number of unsafe bandit ranges along the road system that are not regulated,cause a public nuisance and are in dangerous. ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION THIS 21st DAY OF August,2013 PLANNING AND ZONING COMMISSION ......Alan Tones,Chair ATTEST VA', .,, is 43 __ Sheila Smit ,Secretary Kodiak Island Borough Resolution No.FY2014-03 Capital Improvement Projects Page 4 of 4 P&Z 2015 Capital Improvements Projects Packet Page 15 of 15 Page 123 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. Introduced by: Borough Manager Requested by: Borough Assembly Drafted by: Special Projects Support Introduced: 0971812013 Postponed: 0915912013 Amended: 10143x2013 2 Adopted: 10/03/2013 3 4 KODIAK ISLAND BOROUGH 5 RESOLUTION NO. FY2014-12 6 7 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 8 BOROUGH ADOPTING A STATE LEGISLATIVE CAPITAL 9 IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2014 10 LEGISLATIVE SESSION I 12 WHEREAS, the Kodiak Island Borough represents approximately 14,000 residents of the 13 Kodiak Island Archipelago living in six incorporated cities and one community governed by 14 a tribal council government:and 15 16 WHEREAS, a Borough—wide capital improvement program has been adopated by the 17 Kodiak Island Borough Planning&Zoning Commission which identifies major needs of the 18 island community for the next five years;and 19 20 WHEREAS, the Kodiak Island Borough Assembly has identified major projects to submit 21 to the Alaska Governor and State Legislative Delegation for funding consideration; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK 24 ISLAND BOROUGH THAT: 25 26 Section 1: The Kodiak Island Borough's State Legislative capital improvement project 27 priorities for the 2014 legislative session are as follows: 28 29 1. Kodiak Landfill Lateral Expansion,Wastewater Treatment Plant 30 Estimated Project Cost $15.678,526 31 State Funding Request $3,000,000 32 The Kodiak Island Borough is requesting support for approval of the SFY15 Municipal 33 Matching Grant request of $3 million through DEC for this project. Alaska Clean Water 34 Fund loan funds have been approved for the project but the Borough is seeking grant 35 funds to reduce the burden of the debt repayment to the local rate payers. 36 37 The Kodiak Landfill Lateral Expansion project closes out the existing landfill footprint and 38 creates a new landfill cell designed to meet EPA and DEC regulations. The lined cell will 39 collect the leachate generated by the solid waste stored in the cell and the leachate will be 40 treated by an on-site wastewater treatment plant. Construction of an on-site treatment 41 plant was chosen as the method to address leachate produced at the landfill after the 42 alternative of piping it to the City of Kodiak Wastewater Treatment Facility was found not 43 to be a feasible option. 44 Kodiak Island Borough Resolution No.FY2014-12 Page 1 of 4 Page 124 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.a4. 45 2. Monashka Bay Water and Sewer Project: Feasibility,Planning and Design 46 Estimated Project Cost $500,000 47 State Funding Request $500,000 48 There are 255 residential parcels that lie outside the reach of the existing sanitary sewer 49 and public water utilities in the Monashka Bay area, The soil and topography in this area 50 is not ideal for septic systems and many are failing. The construction of a wastewater 51 treatment facility at the Kodiak landfill provides an option for future expansion that could 52 include sanitary sewer treatment for the residents of this area, Water in this neighborhood 53 is provided by wells, cisterns and more frequently by tank from a distant public source. 54 Water quality and quantity are questionable in the Monashka Bay Neighborhood. 55 Extension of water service from the City of Kodiak will be is needed. A feasibility study, 56 planning and design is the first step in providing water and sewer services to the residents 57 of the Monashka Bay area. 58 59 3. Service Area Road and Paving Improvements 60 Estimated Project Cost $5,000,000 61 KIB Funding Sources:local improvement district $1,000,000 62 State Funding Request $4,000,000 63 This project addresses the on-going need to pave portions of Borough Service Area 64 roads. There are approximately 26 miles of road among four Road Service Areas that 65 connect residential neighborhoods with the greater Kodiak community. Paving projects will 66 address main thoroughfares or busy neighborhood roads as well as improvements to 67 major drainage course that run through these areas. Funding will be applied to priority 68 projects identified by the road service districts (Service Area One, Womens Bay Service 69 Area, Bayview Service Area, and Monashka Bay Service Area). Priorities will be based 70 on recommendations made by the elected service area boards. Local contributions to 71 project engineering and design may be funded through local improvement districts where 72 those in the district are taxed a proportion of the project. 74 4. Extension of Public Utilities to Swampy Acres 75 Estimated Project Cost $5.000.000 76 State Funding Request $500,000 77 78 Extension of public utilities to the area between Kodiak City and Nemitz Park housing to 79 the area known as Swampy Acres will aid in the private development of the area to serve 80 the residential needs associated with U.S. Coast Guard expansion on Kodiak.This land is 81 privately owned by the Natives of Kodiak and is immediately adjacent to the U.S. Coast 82 Guard Support Center and is a logical choice for development, The U.S. Coast Guard is 83 looking for private interests to provide the bulk of its infrastructure needs as it looks to 84 grow in Alaska. Stationing additional vessels and fixed and rotary wing aircraft in Kodiak is 85 contingent upon having affordable housing stock to meet the needs of service men and 86 women and their families. These additional community residents are important to the 87 growth and vitality of the Kodiak community. We are requesting $500,000 be funded for SS design and cost estimate. Kodiak Island Borough Resolution No. FY2014-12 Page 2 of 4 Page 125 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. 89 5. Anton Larsen Say Road Extension to Ice Free Water 90 Estimated Project Cost $5,000,000 91 Stale Funding Request $6,000.000 92 93 An extension of the Anton Larsen Bay Road to ice free waters will provide year around 94 access to those communities located in the Kupreanof Strait as well as those who use the 95 island's west side for commercial and recreational purposes. Many times during the year 96 travel by vessel to Kodiak is treacherous. Extending the road to ice free waters makes 97 traveling safer, providing access to critical services located in the City of Kodiak including 98 hospitals and businesses. Ouzinkie Native Corporation as the land owner would dedicate 99 the land necessary to locate the road; funding is requested to DOT for construction and 100 maintenance of this road as it is an extension of an existing state roadway.This route was 101 identified in the Kodiak Transportation Plan as an important upland facility. The Ouzinkie 102 Native Corporation subsidiary,Spruce Island Development Corporation(SIDCO)received 103 a $450.000 legislative grant for planning and design. Included the scope will be 104 construction of a year round boat launch/ramp facility. 105 106 6. Anton Larsen Bay Road Switchback Straightening 107 Estimated Project Cost $5.000,000 108 State Funding Request $500,000 109 110 The challenge to having a year around road connecting Anton Larsen Bay to the City of Ill Kodiak is the elimination of the switchbacks just beyond the golf course.This narrow road 112 works its way up a canyon in a series of switchbacks before it straightens out. It must also 113 accommodate a stream that is known to leave its banks. This section of road needs to be 114 addressed when discussing extending Anton Larsen Road to ice free waters. This 115 challenging section of road is a safety issue that needs to be resolved as we work to get 116 fishermen, rural communities and those living and working on the island safer access to 117 services in the City of Kodiak. The cost is estimated based on the work being done at the 118 Mayflower Beach switchback straightening project. $500,000 is being requested to initiate 119 planning and design work. 120 121 7. East Elementary Traffic Flow Improvements Design 122 Estimated Project Cost $2,000,000 123 KIB Funding Sources $20,000 124 State Funding Request $180,000 125 East Elementary School was constructed in 1966 with a substantial addition in 1988. The 126 facility now totals 39,842 square feet with twenty-five teaching stations. Since the 127 expansion, increased traffic flows due to business development have created dangerous 128 vehicle/student hazards when students are entering and leaving school_ Reconfiguration 129 of the parking area wilt reduce risks by providing for a safer separation of pedestrians, 130 small vehicle traffic and bus loadingfunloading. A new design will require an increase in 131 the total area of the parking lot to allow adequate parking to support increased building 132 usage and occupant load. Kodiak Island Borough Resolution No.FY2014-12 Page 3 of 4 Page 126 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.B.4. 133 8. Peterson Elementary School Parking Rehabilitation. Drainage and Paving 134 Engineering&Design 135 Estimated Project Cost $2,000,000 136 MB Funding Sources 520,000 137 State Funding Request 5180,000 138 Peterson Elementary School was built in 1945 by the U.S. Navy on government property 139 to provide an educational facility for dependent children, The building was conveyed to 140 the Kodiak Island Borough and provides elementary education for children of Coast Guard 141 families living on base and for children of the Womens Bay community. The parking lot 142 for this 39,967 square foot facility is gravel, and requires excessive maintenance expense 143 due to continual pothole repair, re-grading. and surfacing, A paved surface will not only 144 reduce maintenance expenses, it will mitigate ice hazards in the cold months of the year 145 and will provide safer and cleaner facilities for the students,faculty,staff and parents. 146 147 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our 148 State of Alaska Governor and Legislative Delegation of the Capital 149 Improvement Projects Priority List adopted by the Kodiak Island Borough ISO Assembly. 51 52 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53 THIS THIRD DAY OF OCTOBER,2013 54 55 56 KODIAK ISLAND BOROUGH 57 1 i 59 4! .r 60 ATTEST: L'Jerome M. Sel.y orough Mayor 61 L t J 62 63 64 Nova M.Javier 9vIC, Borough Clerk Kodiak Island Borough Resolution No. FY2014-12 Page 4 of 4 Page 127 of 451 Resolution No. FY2015-11 Adopting a Capital Improvement Proj... AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH ° AGENDA STATEMENT *F "r`� SEPTEMBER 18,2014 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land Use Plan to Change the Future Land Use Designation of Lot 1 Alagnak Acres From Urban Residential to Commercial Business . ORIGINATOR: Martin Lydick FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Kodiak Island Borough Planning and Zoning Commission, as required per KIBC 17.205.055, hereby transmits the August 20, 2014 meeting materials and recommendation for a 2008 Comprehensive Plan amendment for consideration by the Kodiak Island Borough Assembly. The P&Z Commission recommends approval of this amendment to the 2008 Comprehensive Plan to change the future land use designation of Lot 1, Alagnak Acres from Urban Residential to Commercial Business. At its regular meeting on July 16, 2014, the Planning and Zoning Commission voted 4-3 to recommend approval of the Comprehensive Plan amendment and at its regular meeting on August 20, 2014, the commission voted 4-3 to adopt the Findings of Fact in support of their recommendation. The Community Development Department does not concur with the Commission's recommendation to the assembly or the findings of fact in support of the Commission's recommendation. The detailed reasons for this position were set forth in the staff report and packet prepared for this request and submitted to the Commission. Staff recommends that this request is inconsistent with specific goals, policies, implementation actions, and implementation priorities stated in the KIB 2008 Comprehensive Plan. The specific reasons why staff does not support the proposed comprehensive plan amendment are as follows: • The amendment will facilitate a rezone without an adequate justification of any economic need predicated upon population growth or positive employment impact. • The amendment will facilitate a rezone that increases potential compatibility issues between adjacent districts by creating a boundary that separates similarly zoned and developed properties. • The amendment will facilitate a rezone without demonstrating a need for more business zoned lands. The application fails to provide any rationale for such a rezone, which is particularly problematical given the obvious amount of vacant or under-utilized business zoned property in the immediate neighborhood. A review of the approved meeting minutes where the Commission considered this matter has disclosed certain errors which will require administrative action in order to correct those errors. For this reason, the meeting minutes reflecting the Commission's deliberations on this matter are omitted from this transmittal memo. They will be forwarded to the Assembly once amended by P&Z. Kodiak Island Borough Page 128 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH it+. -.i ". AGENDA STATEMENT e°f�r`-''y's``' SEPTEMBER 18, 2014 ASSEMBLY REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2015-04 in first reading to advance to public hearing at the next meeting of the Assembly. Kodiak Island Borough Page 129 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. Introduced by: Borough Manager Requested by: Planning&Zoning Commission 1 Drafted by: C D 0 Staff 2 Introduced: 09/18/2014 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2015-04 7 R AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH AMENDING THE 2008 COMPREHENSIVE LAND USE PLAN 10 TO CHANGE THE FUTURE LAND USE DESIGNATION OF LOT 1, I I ALAGNAK ACRES FROM URBAN RESIDENTIAL TO COMMERCIAL 12 BUSINESS(CASE NO.14-014) 13 WHEREAS, the Planning and Zoning Commission received a request from the applicant 14 to amend the 2008 Comprehensive Plan by changing the future land use designation of 15 Lot 1,Alagnak Acres Subdivision from Urban Residential to Commercial Business; and 16 17 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 18 Code 17.205,the Commission considered the merits of the amendment request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 21 2008 Comprehensive Plan be amended to change the future land use designation of Lot 22 1,Alagnak Acres Subdivision from Urban Residential to Commercial Business;and 23 24 WHEREAS, the Commission hereby recommends that this 2008 Comprehensive Plan 25 amendment be reviewed 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: The 2008 Comprehensive Plan of the Kodiak Island Borough shall be 34 amended to change the future land use designation of Lot 1,Alagnak Acres 35 Subdivision from Urban Residential to Commercial. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 38 Commission are confirmed as follows: 39 40 17.205.020 A. Findings as to the Need and Justification for a Change or 41 Amendment. 42 43 Lots to the south are zoned Commercial Business. 44 45 The lot is located in an important, pre-existing commercial center. Kodiak Island Borough,Alaska Ordinance No. FY2015-04 Page 1 of 2 Page 130 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 46 47 17.205.020 B. Findings as to the Effect a Change or Amendment would 48 have on the Objectives of the Comprehensive Plan. 49 50 Designating this lot as Commercial/Business is consistent with the Kodiak 51 Island Borough Comprehensive Plan Goal to support commercial 52 businesses and areas within the Borough. 53 54 Designating this lot as Commercial/Business is consistent with the Kodiak 55 Island Borough Comprehensive Plan Goal to update and improve the 56 effectiveness of Borough policies, plans, regulations and procedures, 57 achieved by reviewing zoning ordinances with a focus on minimizing the 58 number of zones where possible to mitigate confusion. 59 60 Designating this lot as Commercial/Business is consistent with the Kodiak 61 Island Borough Comprehensive Plan implementation Action to periodically 62 review adopted zoning districts to ensure that they are appropriate and 63 focused on the needs and direction provided by provided by the 64 Comprehensive Plan, as an example supporting Commercial Business. 65 66 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 67 THIS DAY OF 2014 68 69 70 KODIAK ISLAND BOROUGH 71 72 71 74 Jerrol Friend,Borough Mayor 75 Ai JEST: 76 77 78 79 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Ordinance No. FY2015-04 Page 2 of 2 Page 131 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. A Kodiak Island Borough rt ( #�.`;� Community Development Department ' a ��N r i ft, 710 Mill Bay Road 4�i yK Kodiak,Alaska 99615 is ;l Phone(907)486-9363 Fax(907)486-9396 -ge 'xp www.kodiakak.us .g.. August 22, 2014 Mr.Mark Anderson Alagnak,Inc. 2705 Mill Bay Road Kodiak,AK 99615 Re: Case 14-014. Adopt Findings of Fact for Case 14-014 to support the commission's approval of the request for a Comprehensive Plan Amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business(KIBC 17.205). Dear Mr.Anderson: The Kodiak Island Borough Planning & Zoning Commission at their August 20, 2014 regular meeting adopted Findings of Fact in support of their July 16, 2014 approval, 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. Page 132 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS Of FACT T. Lots to the South are zoned Commercial/Business. 2. The lot is located in an important,pre-existing commercial center. 3. Designating this lot as Commercial/Business is consistent with the Kodiak Island Borough Comprehensive Plan Goal to support commercial businesses and areas within the Borough. 4. Designating this lot as Commercial/Business is consistent with the Kodiak Island Borough Comprehensive Plan Goal to update and improve the effectiveness of Borough policies, plans,regulations and procedures,achieved by reviewing zoning ordinances with a focus on minimizing the number of zones where possible to mitigate confusion. 5. Designating this lot as Commercial/Business is consistent with the Kodiak Island Borough Comprehensive Plan Implementation Action to periodically review adopted zoning districts to ensure that they are appropriate and focused on the needs and direction provided by the Comprehensive Plan,as an example..supporting Commercial/Business. Should this Comprehensive Plan Amendment be approved by the Kodiak Island Borough Assembly,you will still need to submit a rezone application. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely teri ...Pederson, P Director,Community Development Department CC: Nova Javier,Borough Clerk Planning&Zoning Commission Page 133 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. „can s. "• - OLD BUSINESS ITEM 7-A P&Z REGULAR MEETING:AUGUST 20,2014 3 ALASKA SUPPLEMENTAL STAFF MEMORANDUM OLD BUSINESS ITEM:7-A. Adoption of Findings of Fact for Case 14-014. DATE: August 8,2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Supplemental Staff Memorandum CASE: 14.014 APPLICANT: Alagnak,Inc. AGENT: Mark Anderson LOCATION: NHN Cove Drive(Alagnak Acres Lot 1) ZONING: R2-Two-family Residential STAFF COMMENTS At the Regular Meeting of the Planning and Zoning Commission on July 16,2014 the commission,by majority vote,voted to recommend to the Kodiak Island Borough Assembly that the 2008 Comprehensive Plan be amended to change the future land use designation of Alagnak Acres Lot 1 from Urban Residential to Commercial/Business. Case History • The applicant requested a zoning change on April 1,2014. This request was amended on April 2,2014 to reflect a request for a comprehensive plan amendment. • The initial public hearing on the matter was scheduled for May 21,2014. • The applicant requested a postponement until the June 18,2014 regular meeting. • The commission,after requesting additional information,continued their consideration of the matter to the July 16,2014 regular meeting. • Findings of Fact for Case No.14-014 were postponed until the August 20, 2014 Regular Meeting of the Planning and Zoning Commission. • On July 17,2014,and again on July 30,2014,after the public hearing had been closed, the applicant,through their agent,submitted to the department additional information labeled"Findings of Fact by Applicant—Alagnak Inc. Case No.14-014. 00 • At their discretion,the commission may proceed to adopt Findings of Fact for Case No. 14-014 based upon the record as established July 16,2014,or • The commission may reopen the public hearing for Case No.14-014 and accept into the record the additional information submitted by the applicant on July 17'"and 30th,2014. Case No. 14-014 Supplemental Staff Memorandum Aug. 8, 2014 Page 1 of 2 Page 134 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PNo ooyO yr' ri OLD BUSINESS ITEM 7-A v,9 P&Z REGULAR MEETING:AUGUST 20, 2014 `L ALASKA~' RECOMMENDATION Staff recommends the Commission adopt Findings of Fact, relative to their decision of July 16, 2014 in Case No. 14-014, consistent with the general principles of fact finding as outlined in Kodiak Island Borough Code 16.90.080 B. APPROPRIATE MOTION Should the Commission agree with the staff recommendation,the appropriate motion is: Move to adopt Planning and Zoning Commission motion( ),as amended, as Findings of Fact for Case No. 14-014. Staff recommends this motion be approved. FINDINGS OF FACT 1. . 2. 3. . 4. . 5. . 6. . Case No. 14-014 Supplemental Staff Memorandum Aug. 8, 2014 Page 2 of 2 Page 135 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. ,* 4„, Kodiak Island Borough a *,, Community Development Department 4y;. r 710 Mill Bay Road x t,()re r Kodiak,Alaska 99615 ism Phone(907)486-9363 Fax(907)486-9396 www,kodiakak.us July 21,2014 Mr.Mark Anderson Alagnak,Inc. 2705 Mill Bay Road Kodiak,AK 99615 Re: Case 14-014. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot I, Alagnak Acres Subdivision from Urban Residential to Commercial/Business(KIBC 17.205). Dear Mr.Anderson: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on July 16,2014 approved your request but postponed adoption of Findings of Fact in support of their decision until their August 20,2014 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerer Robert H.Pederson, Director,Community Development Department CC: Nova Javier,Borough Clerk Planning&Zoning Commission Page 136 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. n 0 PUBLIC HEARINGS A) CaseS14-012. Request preliminary approval of the subdivision of the School Reserve, Portion of Block 16, Port Lions Subdivision, First Addition creating the Native Village of Port Lions Tract and School Reserve Tract A (KIBC 16.40). The applicant Is the Kodiak Island Borough and Native Village of Port Lions and the agent is Sta. Denny Surveying, Inc.The location is 2008 Airport Road, Port Lions and the zoning is PL-Public Use Lands. Director Pederson reported this case is not ready to move forward and recommended the commission table this case. COMMISSIONER ARNDT MOVED that the public hearing for Case No S14-012 be laid on the table.There was no second. CHAIR TORRES stated this motion is out of order because you can't table a case without a motion on the floor. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the subdivision of the school reserve, portion of Block 16, Port Lions Subdivision 1st Addition creating the Native Village of Port Lions Tract and School Reserve Tract A. COMMISSIONER SCHMITT MOVED to table. ROLL CALL VOTE ON MOTION TO TABLE CARRIED UNANIMOUSLY B) Case 14-014. (Continued from June 18, 2014 P&Z Regular Meeting) Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business (KIBC 17.205).The applicant is Alagnak Inc.The location is NHN Cove Drive and the zoning is R2-Two-family Residential. Lydick reported this request is for an amendment to the 2008 Comp Plan changing the designated land use of the Alagnak Acres Lot 1 from Urban Residential to CommerciaVBusiness. The master plan is a comprehensive long range plan intended to guide the growth and development of a community that typically includes inventory and analytical sections leading to recommendations for the community's future economic development. Staff is unconvinced that the applicant has entered into the record any convincing evidence or a need, trend, or justification or has identified any positive impact resulting in the requested plan amendment that promotes the objectives of the Comp Plan. Staff recommended the commission deny forwarding this request to the Borough Assembly with a recommendation of approval. Public Hearing was held at the June 18,2014 regular meeting. The motion as amended on the floor made by Scott Arndt at the June 18th Regular Meeting is: To recommend a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business. In response to COMMISSIONER SCHMITT'S inquiry of did the applicant review staffs recommendation and if he agrees it is currently zoned R2, Mark Anderson stated he 7/16/2014 P&Z Guidelines Page 2 of 7 Page 137 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM#13.C.1. 0 0 continues to believe it is zoned 112 because of the ordinance,there hasn't been a repeal of the ordinance,and this problem needs to be fixed. Discussion ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to postpone the Findings of Fact to the August meeting. ROLL CALL VOTE CARRIED UNANIMOUSSY C) CaseS14-016. Request a vacation of a portion of a utility easement identified on Plat 2014-8 for Pillar Creek Hatchery Tract(KIBC 16.60).The applicant is the Kodiak Regional Aquaculture Association. The location is 9547 Monashka Bay Road and the zoning is C-Conservation. Maker reported this request for vacation is for a portion of a utility easement on the Pillar Creek Hatchery Tract. The overhead utilities to the main hatchery building pass through this easement and KRAA intends to relocate those installations to an underground installation that will serve only the buildings on the tract. Borough code does not require such utility installations to be located in an easement so the easement is not required for the current utilities or the new utility installation. Staff recommends approval with 1 condition of approval. COMMISSIONER ARNDT MOVED to approve the vacation of a portion of a utility easement identified on Plat 2014-8 for Pillar Creek Hatchery Tract(KIBC 16.60),subject to one (1) condition of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No.S14-016. Close regular meeting&open public hearing: Lee Robbins,KRAA representative,was there to answer any questions. Close public hearing&open regular meeting: Discussion-Amendments may be offered at this time. CONDITIONS OF APPROVAL 1. The property owner shall perfect the approved vacation by filing a plat depicting the vacation using the abbreviated plat procedures of Chapter 1630 of the Borough Code. FINDINGS OF FACT 1. KEA and ACS support the vacation. 2. The vacated portion of the utility easement is not required by Borough Code. 3. The condition of approval will ensure the vacation meets the requirements of approval under Chapter 16.60 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None 7/16/2014 P&Z Guidelines Page 3 of 7 Page 138 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. `-' 'w $ Public Hearing Item 7-B • Planning and Zoning-July 16,2014 i::-, Kodiak island Borough ;I" Community Development Department , ";rt`'-""1 710 Mill Bay Road 41'4 r• / Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.v5 Memorandum Date: July 3.2014 To: Planning and Zoning Commission From:Robed H.Pederson,AICP If Director -et RE: Case No,14-014.Comprehenthe Plan Amendment This memo is intended to clarify the zoning history for the parcel in question. During your June 181"public hearing for the above referenced case,the applicant's agent entered an exhibit in the record.This exhibit consisted of a copy of Ordinance No. 86-37-0 and a portion of what appears to a preliminary plat map for Tract 51-B, Brechan Subdivision. The exhibit was apparently submitted to show that the parcel in question was already zoned business.The applicant's submittal does not correctly represent the zoning history for this site,as detailed below.Clearly,the parcel now known as Lot 1,Alagnak Acres has never been zoned 8-Business and remains zoned R-2 at this time. Ordinance No,86-37-0 did in fact rezone a"Portion of Tract S-1,U.S-Survey 3218, specifically Tract St-B,Brechan Subdivision Plat(Case 5.88.011,dated April 18, 1988),generally north of an extension of Meinitsa Lane,is rezoned from RRi- Rural Residential One to 8-Business;and e.. The applicant's submittal did not correctly represent the Preliminary Plat for Brechan Subdivision Plat(Case 5-86-011,dated April 18, 1986).A correct copy of the Preliminary Plat for Case 5-86-011 is attached.As you can see on the Preliminary Plat, the area of the current Comprehensive Plan Amendment request is designated as Lot 1, Block 1,Brechan Subdivision.Proposed parcel S1-B is over 300'to the south of Lot 1. The staff report for Case 8.88.011 clearly states that the current zoning is RR-1 and that this Preliminary Plat could not receive Final Plat approval until a pending rezone was approved. What the applicant submitted appears to be a portion of the Preliminary Plat for Case 5- 91-015.The designation of Tract S1-B for a second time(on this Preliminary Plat)was possible because the Preliminary Plat for Case 5-86-011 was never submitted for Final Case 14-014-1 of 5 Page 139 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. �" Public Hearing Item 7-B Planning and Zoning-July 16.2014 Plat approval and preliminary approval expired on July 16,1987.Since the plat was never finaled,Ordinance 86-37.0 created split lot zoning and the area now known as Lot 1,Alagnak Acres was rezoned to from RR-1 to R-2(see Ordinance 86-37-0 Section 1-shown below). "Section 1:A Portion of Tract S-1,U.S.Survey 3218,specifically Lots 1 through 7,Block 1,Bret hart Subdivision Preliminary Plat(Case$46.011), dated April 18, 1986 are rezoned from PR-1 to 122-Two-Family Residential:..." This zoning pattern is also reflected in the zoning map for the public hearing notices for Case 5-91-05. In summary,Lot 1,Block 1,Alagnak Acres Subdivision has never been zoned B- Business and the staff report for this case correctly represented the zoning history of the site. case 14-014-2 of s Page 140 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... 0 a cv S 0 CD Z • 1 9 —< E put Henn hem,B N) • '''.7 0 —, i ‘ . - .-rt);.,N, ,. Cn . -4, ...,.... ,.. 434 7"-\. ) 11 •' '‘' \ > I 3 I to D ft I a t., __ 7>,--, ....->r, I J I Ili . ,.....1. .,- -.-..r. ...v... co - ''<,,, '... ' '‘,48),\;,c-- ,00" 0 SI co sc••,. ' ii.v.,Yi.4j,c-,-;•.:o -•-- iv o o -• ',....-• .. , • I -IV, 4.-;'4', co ‘it 0 ....... . o 1 P i ,,,,..-- , I i '‘',•‘• 'or-VI, I,\ *,ii, BP Memo 7-3-14 LI f Exhibit 1 a3 A, , , \ NAB ...,,,::7 (Do \- LS /fill f- 'I M \ , C I le! CD I i 1 ' D . 0_ I i; , V...1... .., . 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Page 143vf451 AGENDA ITEM#13.0.1. 0 0 Kodiak Island Borough Planning &Zoning Commission Minutes June 18,2014 6:30 p.m.in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the June 18, 2014 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance ROLL CALL Commissioners present were Alan Tones,Alan Schmitt,Kathy Drabek,Jennifer Richcreek,Maria Painter,Scott Arndt,and Pat Olsen, A quorum was established. Community Development Department staff present was Martin Lydick, Jack Maker, and Sheila Smith, APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the June 18,2014 Planning&Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES None AUDIENCE COMMENTS AND APPEARANCE REQUESTS None PUBLIC HEARINGS A) Casel4.014 (Postponed from the May 21, 2014 Regular Meeting). Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business(KIBC 1T.205). The applicant is Alagnak,Inc.The location is NHN Cove Drive and the zoning is R2-Two- family Residential. Associate Planner Martin Lydick reported the Kodiak Island Borough Comp Plan is a guide to growth and development that includes inventory and analytical sections leading to recommendations for future economic development, housing, recreation and open space, transportation, community facilities, and land use, all related to the community's goals and objectives.The local plan lists identity an adequate supply of land to meet future needs for homes and businesses including commercial and industrial uses as a high priority implementation action. It also lists factors to be considered prior to amending a land designation that include;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,and potential conflicts with adjacent land uses.The applicant's petition for a Comp Plan amendment does not identify any need or trend,and offers no justification,Staff provided a regular staff report and supplemental staff report that includes specific exhibits,documentation,and historical references.Thirty one public hearing 6/18/20 P&Z Minutes Pagel of Page 144 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. • C 7 CJ notices were sent out, and one written comment opposing this request was submitted. Staff recommended denial of this request. COMMISSIONER ARNDT MOVED to recommend a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1,Alagnak Acres Subdivision from Urban Residential to Commercial/Business,and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-014, Close regular meeting&open public hearing.Public testimony was given by: Ben Polum, Division Manager of Kodiak Northern Sales, spoke in support of the request stating they have been a tenant since 1999 at this location and he requested the enclosed dock for safety reasons. Mark Anderson, agent, provided documents to the commission and spoke in favor of the request stating this property was zoned Business according to Ordinance No.86-37,in approximately 1991 Lots S-18 and S-1A were platted,in 1992 the Elizabeth F warehouse was completed,then a piece of property was sold to Wal-Mart and it was replatted to Lots 1 —8,Alagnak Acres. Lot S-81 was zoned Business and there is no ordinance on record that rezoned that property again,and there is an error in the Comp Plan. Close public hearing and open regular meeting. Discussion of supplemental information, Ordinance 86-27 not listed as part of zoning history, vacating lot tine, a complicated history, uses permitted table, impacts, legal ordinance trumps zoning map, predominately Business, operating for over a decade, and cleaning it up so it's in conformance. COMMISSIONER SCHMITT requested Planner Lydick respond to Mr. Anderson's assertion that Ordinance 86-37 is the controlling ordinance for this Lot and does it make this lot Business rather than RR1, Lydick stated there is the possibility that staff has been in error at some point but we don't believe so.;however,from a technical standpoint,the official zoning of Kodiak Island Borough depicts this lot as R-2. In these types of cases the depiction of the official zoning map takes precedence and controls, COMMISSIONER ARNDT MOVED TO AMEND the motion to read to recommend a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1,Alagnak Acres Subdivision from Urban Residential to CommerciattBusiness. ROLL CALL VOTE ON AMENDMENT CARRIED 4-3. THE AYES WERE COMMISSIONERS TORRES, RICHCREEK, PAINTER, AND ARNDT. THE NOES WERE COMMISSIONWER SCHMITT,ORASEK,AND OLSEN Discussion regarding the fiaglot surrounded by Business, proposed lot being surrounded by residential, wanting to see where it says the official zoning map takes precedence over the ordinance, COMMISSIONER SCHMITT MOVED TO CONTINUE to the July 16, 2014 Planning and Zoning regular meeting. Discussion ROLL CALL VOTE ON MOTION TO CONTINUE CARRIED 4.3. THE AYES WERE COMMISSIONERS TORRES, SCHMITT, DRABEK, AND OLSEN, THE NOES WERE COMMISSIONERS RICHCREEK,PAINTER,AND ARNDT. CHAIR TORRES called a recess at 7:30 p.m. CHAIR TORRES reconvened the regular meeting at 7:35 p.m. 6/18/20 P&2 Minutes Page 2 of 9 Page 145 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. a) .) A � Kodiak Island Borough ,rr-,-.:F Community Development Department pkt (1�� 710 Mill Bay Road tit!.. r�,. Kodiak,Alaska 99615 "r:»;. ' ass Phone(907)486-9363 Fax(907)486-9396 www,kodiakak.us lune 20,2014 Carlie Malley Alagnak,Inc. 2705 Mill Bay Road Kodiak,AK 99615 Re: Case 14-014. Request a Comprehensive Plan amendment to change the Future Land Use Designation of tot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business{KIBC 17.2051, Dear Ms.Malley: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on tune 18,2014 moved to continue action on the case referenced above to their July 16,2014 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely,�ela Robert H.Pederson,AICP Director,Community Development Department CC: Nova Javier,Borough Clerk Planning&Zoning Commission Page 146 of 451 Ordinance No. FY2015-04 Amending the 2006 Comprehensive Land... AGENDA ITEM #13.C.1. _'lubin±64-1- 4Ck Flnt orann nt+hn [n-iR-14 etztRi 1 --- - I 114-D■ • eft, L \� / COVE DRIVE s �'O .y �� • iF{QHAFKA� /YORE s:. s ee.r:sot sr..•r 94- -v 5-A g I 1-B I I-A ) .b'�ogo� �s \ . U- t • . ( �\ 6 = 2 S-IN \\1 %* 4 S 3 ?` VC", + J %j/ . Ai 'cLR .:h • •` .1 \ �pt � S-2 0py c�, ' '°� \may �R �I.> 't 4CT• Q . e„•.b,. :M^,lam'.��.' rR r �(/I' T 4 ° �i Op 4 / VACATION .J RFPLAT ,�_t . `r [/ A e../0. :as s..-., ':1..rod&hL to - / ��\ pscnM/.. dr Je ..reel ✓Rpyl• a....„.. ,1 n..,` ur s...0 s:a r.el A d_w fit, �\t,.........b•\ V�.y;-... .y..s .,.4 5,4 ,trnme. :i; -', PI. lid 0 KILLARNEY HILyS SUB. ^,,,',,^ " °'•`' %l \ I BLOCK I/ 2 Y 7 .IT . : r_ r....a Page 147 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 0 %ODIAK ISLAND BOROUGH ORDINANCE NO. 86-3I-0 AN ORDINANCE OF TEE 100138. ISLAND ROAWOM ASSEMBLY REZONING TRACT 5-E 1'.5. SURVEY 3218 FROM RRi TO R2. MINERS AMY TNBUStRIAL, The Kodiak Island Borough Asaanbiy hereby ordains that: Section l: A Portion of Tract S-1, U.S. Survey 3218. specifically Iota I through 7, Block I, Breehsn Subdivialec Preliminary Plat (Case 9-86-011, dated April 18, 1986) are rezoned from RR1--Rural Realdenela/.One to 02--tvo-Faally Residential; and a Portion of Tract S-I, U.S, Survey 3218, specifically Lots 1 through 7, Block 2. Bresnan Subdivision Preliminary P1at (Case 1 8-86-011. dated April 18. 1.986) are rezoned frpg RRi—Rural Residential One to 8--eoaineaa; and s Portion at Tract S-1, U.S. Survey 3218, specifically tract SI-B, Bracken Subdivision Preliminary Plat (Casa 5-86-011, dated April t8, 1986), generally north of as extension of Melnitae Lone, is rezoned from 881--Rural Residential One to 3--Ouaineaal and is Portion of Tract S-I, U.S. Survey 1218, specifically Tract SI-A. Brechon Subdivision Preliminary Plat (Case S-86-011, dated April 18, 1906), generally south of an extension of Melntcsa Lane, is rezoned from RRi--Rural Residential One to I--industrial. Section 2: The official zoning app shall he updated to reflect this rezoning. Section 3: This ordinance shall be in full force and effect upon passage and adoption. PASSED AND APPROVED THIS�-DAY OF September , 1986. %ODEAR ISLAND B08000! By ... Strome Selby, Borough Mayor BY 4 1...9 u). 1 Loa Vhita, Pres lding Officer ATTEST: gv'? 1,04.1. .y, 11W--Gaye Van.' , Barone)Clark First Reading. Approval Dates Anwar i. {986 Snood Reading. Public Nearing, Approval Date: Serconter 4. 1996 ORDINANCE 36-37-0 PACE 1 OF 2 Page 148 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM#13.0.1. j( 0 1 Effective Data: 5eptamber 4. 16775 .10ESIAMMON Mot: Comunity Development Department Aaaeeeing Department I Engineering Department tl DP.D1#A.96E 86-37-0 Page 149 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. OF N • 0 0 Tf.0 HAI HE At 0V' DATED GJ 5_ ky �G� LOT 46-I LOT 3 \ /,r^ COVE % DRIVE \\\ AC •A LOT 2 — s.Or SE 10'E 3$1,07 92. zpdrz MISS + #WCsn�w e Qn N(4 tdw 4. 8 LOT I-A 8 w • LOT I a . f a LOT S- 18 r•. • 69.]5!Sr.: %% l cc ` �t4p Y W % a a V LOT 2A vA • ms ns. „ e 0 a osz'J94 D"w. 'a LOT 2A LOT 28 n e LOT S-IA • 855 ACRES, A•44•1 50' • .._— l N.R4rf u u LOT 9A Eawlo AC W CCC r aarp?sa¢IOar ir o. • n Q g LOT0 H4 Ag w if f AtY LOT IA TRACT 5-2 A+> PO , 'Certifinta of Approval by ADM. "44 X. TmmATER DISPOSAL; Approval of this y I (,4y R division is based on the representation V t no wastewater will be generated or • posed of on any lot. Conditions eight not suitable for onsita wastewater treatment lyV disposal system. Any oosita wastewater LEDEAD stment and disposal system must moat Via alatory raoniramentw of the Alaska e •FOWiO VOMWEHT artsant of tivironemntal Conservation. •.5Et AL CAPOHiIE }art to any noted restriction', the Alaska artfent of Environmental Conservation p .ama f gR WEHSI roves this subdivision for platting. 171/7111 e and title of Data pease a e Page 150 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. a �.. --, -I - rl a 1:9iZ lA . '4 er w✓ 4 „=!on a `I f �aGL t �/ie • - . NOTARY 5 KNgL.ECGEUENT5 ,7 • 1 r EEEE !' ..a,. ! . , r` ° ••.•°°. me.. �.72(itiC Ge jr •'o::°%ta - /JY �-- !H - SVROORSS CERIW/2 MAW:- C i mn °m Page 151 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #11,0.1. "") .W NOM. S .TM,IS ON 0 • I-Cf R0W. WATER UNE r SW.s r DRIW COVE .k` f _ v o-.-�_..-..___ ,x_ ._ s __:.:.V__..' -y 1 t. - ,r ; ,Hf ,. e.0� v;MS AT I]'XYL g `#�¢` ..�fM'�_JRSN' IssiR - ,F♦ ts ',•r" LOT 1—A k N�. ;1 y 7.2155F.S +y %.441. I/if - ' LOT a ONE I 'I LOT IA-I r1 ti Lai M 00•] ]' uNE 4` Y m54E5w4b THIIS01,P r AT 111 I U-.TR ✓<` / ;: r ,% �, .„T. Y_- I !r 1 1 1 i aIr 1 ,a' S. 0 s . tt t I,p I • r R' WAREHOUSE. LOT 10-2 LOT TWO ii pi n . 1 ,.l i.3 for r-e i y t.41 AOR€S z .2',n i 4' II 8 n :o" 8 r1 H x 1r r �. III i 9` 1 i 8 fXitabYlE� ` 1" d re re a„ ' X et uxm !. 1Y LJ ,.f` OT 2$ M1 \ Page 152 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 0 Brief discussion. FINDINGS OF FACT 17.66.050 Al.. Exceptional physical circumstances or conditions applicable to the properly or intended use of development,which generally do not apply to other properties in the same land use district. Typical residential properties have greater lot depth than width. The subject property suffers from a negative depth to width ratio. The subject parcel is also constrained by its' location abutting ocean waters. Natural forces have combined over time to reduce the available building area to a size considerably smaller than typically enjoyed by residential parcels in the same zoning district. There are also physical site constraints of the existing power pole and down guys that further restrict the developable area of the lot. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would impose unnecessarily high economic costs upon the property owner in order to develop a residential garage,an amenity typically enjoyed by residential properties. Strict application of the zoning ordinances would work to deprive the property owner of a reasonably subsidiary residential use of what little land is available for development. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health,safety and welfare. The property owner has proactively worked with neighbors and contractors in order to respect the existing neighborhood character and to preserve, to the extent possible, the current viewscape enjoyed by neighbors and the motoring public. The new garage will adhere to all applicable building codes and will not represent a danger to the public health,safety,or welfare. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan designates this area as Urban Residential. Granting the variance will not allow the establishment of a use contrary to the guidelines contained in the Comprehensive Plan. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant is acting proactively and has not engaged in any construction prior to seeking relief through the variance process. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting the variance will allow the construction of a detached residential garage, a permitted accessory use in the applicable zoning district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY F).Case 14-014. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business(KIBC 17.205).The applicant is Alagnak,Inc.The location is NHN Cove Drive and the zoning is R2-Two-family Residential Director Pederson stated the applicant requested postponement to the next regular meeting. COMMISSIONER ARNDT MOVED postpone to the June 18,2014 regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 5/21/2014 P&Z M inutes Page 6 of 8 Page 153 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM#13.C.1. G 0 Introduction The Highway Data Section provides data describing the volumes(number of vehicles)and other characteristics of traffic over the state highway system for use by engineers, planners, administrators, and others whose work requires such information, The traffic data program includes the collection of traffic data, data editing,data processing,analysis,report preparation, data distribution, computer traffic modeling, traffic forecasting, equipment installation and maintenance,data file maintenance,and the annual planning of activities. The Central Region contains the largest concentration of population in the State of Alaska,and is the most far-flung of the three Regions.The contiguous highway system runs from the Homer Spit at the end of the Sterling Highway to the Regional boundaries on the Glenn Highway at MP 118 near Eureka,and the Parks Highway at MP 163 at Little Coal Creek.It includes Kodiak Island and the Aleutian Chain,as well as the isolated villages south of the Kuskokwim River,and all points in between. The Annual Traffic Volume Report is a summary of the data collected in the Central Region. The key elements are: Permanent Counts:Traffic volumes,by direction of travel,collected year-round with Permanent Traffic Recorders (PTRs) at a number of permanently established locations. These counts are summarized yearly and used to provide seasonal adjustment factors applicable to coverage counts recorded at all other locations. Coverage Counts:Traffic volumes,sometimes by direction of travel,typically collected for seven days,with a minimum of one weekend and one weekday. These counts are on a cycle of one to three years at selected locations on the state,borough,and municipal road system.Most coverage counts are taken between May and September because the weather related road conditions make counting very difficult during the remainder of the year.Since summer traffic is generally much higher than other times of the year,the counts are adjusted for weekday and seasonal variations using one or more associated permanent traffic recorders(PTRs)to obtain an estimated Annual Average Daily Traffic(AADT).The calculated AADT then represents the traffic on the specific traffic link on which the count was taken. Vehicle Classification Counts:Traffic volume counts that classify all vehicles by type,based on the axle arrangement,number of trailers,and other vehicle characteristics. Class counts are collected for seven days or more. Al.key permanent locations,data is collected throughout the year using permanently installed detectors and counters. Weigh-In-Motion (WIM): Traffic counts which classify all vehicles by the same criteria as the vehicle classification counts,but include the added dimension of axle weights for all commercial size vehicles.The axle weights are not included in this report,but volume and class data from the \VIM sites are included, 20t0-1012 Traffic Volume Repot I- t Page 154 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 0 Definitions: Annual Average Daily Traffic(AADT):The estimated number of vehicles traveling over a given road segment during one 24 hour day. In practice, AADT is usually obtained from a sample (coverage count)adjusted for seasonality assuming roads are open year round. Automatic Polling: A method of obtaining data from automatic traffic counters by telecommunication from a central computer location with automatic dialing equipment. Automated Traffic Recorder(ATR): An electronic traffic counter installed inside an aluminum cabinet connected to sensors built under the pavement to measure road usage continuously or for a short periods of time.The ATR records volume,classification and speed data in memory and can be downloaded and viewed in software. Automatic Vehicle Classifier(AVC):Traffic counting equipment which automatically counts and classifies vehicles passing over its detectors,providing a record of those volumes by specific time intervals and vehicle classes. Axle-Body Combination: A vehicle description based on the configuration of axles, leading and trailing units,and tractor body. Axle Correction Factor: The proportion by which a volume count based on axles (e.g., from pneumatic tube detectors)is multiplied to obtain an estimate of the number of actual vehicles. The ratio is 1.0 or less,and is derived from vehicle class counts. Collector:A road classification applicable to roads serving a mixture of local access and through traffic,for which the volume,average speed,and trip length of vehicles using the road are usually lower than for principal or minor arterials,but higher than for local roads. Coverage Count: Hourly (sometimes directional)total traffic volumes collected for seven days, with one weekend on cycle of one to three years. Counts are generally done with a portable automatic traffic counter using pneumatic-tubes(hoses)or inductive loops in the road.Locations of counts remain the same from one rotation year to the next. Daily Vehicle Miles of Travel(DVMT);For any given traffic link or combination of links,the sum of miles traveled by all vehicles;usually calculated as the sum of the products of each link length and annual average daily traffic(AADT)for that link. DVMT s Link Length x Link AADT Highway Perfomrance Monitoring System(HPMS): The data reporting system developed by the Federal Highway Administration(FHWA)for standardized road inventory,physical condition,and traffic use monitoring by all states. Interstate Highway:A highway within the principal arterial category that is also designated as part of the Federal Interstate Highway System. 2010-2012 Traffic Volume Repon 1.2 Page 155 of 451 Ordinance No, FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM#110.1. 0 C ) • Link: A section of a road for which traffic data is reported. Link termini are located so that the traffic volume is roughly constant on a link. Link Volume:The average number of vehicles passing over a traffic link in a 24-hour period of time.This is equivalent to the Annual Average Daily Traffic. Local Road:Any street(regardless of ownership)that is not classified as any higher type of arterial or collector road.Local roads serve mostly local-access movements,at lower speeds and volumes than roads of other classifications. Milenoints: A linear system of measurement giving distances to features along a route as measured from the start of the route. Features may include intersections,mileposts,businesses, bridges,regional boundaries,city limits,and so on. Mileposts:A system of markers installed alongside a road at one mile intervals and numbered to indicate mileage. Due to realignments that either shorten or lengthen a section of road, most mileposts are no longer accurate measurements, but approximations and function more like landmarks. Minor Arterial: A road serving mostly through movements, but with shorter trip lengths and at lower speeds than principal arterials, Monthly Average Daily Traffic fMADT):The estimated average daily traffic volume for a specific month at a given location. Permanent Count: Hourly, directional total traffic volumes collected year-round with Permanent Traffic Recorders(PTRs)at established locations.These counts are used to adjust coverage counts for seasonal variations to yield AADTs. Permanent Detector:A vehicle detector that is permanently installed in a roadway,as compared to a portable detector.The most common permanent detector equipment employs an inductive loop that senses a vehicle's presence as a change in the electrical characteristics of the loop. Piezo electric cables are used in conjunction with inductive loops to detect and sometimes weigh vehicle axles to determine a vehicle's type(classification)and sometimes weight. Permanent Traffic Recorder(FIR):Traffic volume counting equipment that automatically counts vehicles passing over detectors,providing a record of those volumes by specific time intervals. Pneumatic-Tube (Hose),Detector/Counter: A vehicle-detection device/counter consisting of a pneumatic rubber tube placed across a roadway,and which detects vehicles by sensing air pressure pulses from the vehicle axles passing over the tube. Portable Counter:An automatic traffic counting machine which is moved from location to location where needed,rather than permanently installed in one location. i010-2012 Traffic Volume Report 1-3 Page 156 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM#13.C.1. J a • Principal Arterial: A street or highway connecting major population centers with high traffic • volumes,long average trip lengths,and very little local travel service. Sampling Plan:A plan for collecting a sample from a larger population(e.g. traffic counting at a few locations to estimate traffic at all locations). Seasonally Adjusted Coot* A traffic volume count that has been adjusted to an annual estimate from a raw count.The adjustment is based on the estimated relationship between volumes for the period counted and the annual average at one or more PTRs. Vehicle Classification Count: A volume count which classifies vehicles by type (tracks, trailers, buses,recreational vehicle,automobiles,motorcycles,etc.)based on axle arrangement. Data may be collected manually or using specially designed automatic counters. ZOlO-?atZ Traffic Volume Report t-3 Page 157 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. n n ,Routemig;.Route Neme/Descnptioil Cengtti(ml)_ Fe"C 18AADT; ]IAADT .H2AADTLDVMT 067472 SAWMILL CIRCLE,KODIAK 0.000 Start of Road 0.548 19 210 210 114 62 0.548 Jet with Monashka Bay Road Total 62 067475 OTMELOI WAY,KODIAK 0.000 Jet with Monashka Bay Road 0.394 17 230 230 203 80 0.394 Jet with Mallard Way 0.393 17 490 490 383 151 0.787 Jet with Rezanof Drive Total 231 068000 REZANOF DRIVE.KODIAK 0,000 Jet with Abercrombie Drive 0.130 17 2430 2440 2102 273 0.130 Jet with Otmeloi Way 0.788 17 3840 3850 3274 2580 0.918 Jet with Mill Bay Road 0.804 16 4090 4100 2768 2225 1.722 Jet with North Cutoff Road 0.187 16 5070 5080 5030 941 1.909 Jet with Benny Benson Drive 0.555 16 5110 5120 3387 1880 2.464 Jet with Bartell Street 0.274 16 5450 5470 5410 1482 2,738 Jet with Ole Johnson Avenue 0.263 16 5790 5810 5750 1512 3.001 Jet with 12th Avenue 0.790 16 5300 5320 3559 2812 3391 Jet with Mill Bay Road 0.097 16 12410 12450 10793 1047 3.888 Jet with Marine Way 0.365 16 5430 5450 5517 2014 4.253 Jct with lack Hinkel Wav-PTR 3.145 16 5185 5200 5144 16178 7.398 Jct with Tom Stilts Road 1.180 16 5030 5040 5058 5968 8.578 Jet with Anton Larson Bay Road 0.113 16 5450 5470 5956 673 8,691 tel with Airport Terminal Road 1.495 16 4230 4240 4216 6303 10.186 let with US Coast Guard Entrance 3.567 17,7 2280 2290 2347 8372 13,753 Jet with Chiniak Highway Total 54260 063030 AIRPORT TERMINAL ROAD KODIAK 0.000 Jet with Rezanof Drive 0.165 17 1790 1800 1780 294 0.165 Kodiak Airport Terminal Total 294 068040 ANTON LARSON BAY ROAD KODIAK 0.000 Jot with Rezanof Drive 1.502 1718 400 400 921 632 1.502 Buskin River Bridge(2nd-No 7) 10.117 8 100 100 100 1012 11.619 End of Road Total 1644 2010-2012 Traffic Volume Report III-5 Page 158 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1, } C) rRoBteiNtifff!-..Route`Name%DeseistohJA gth(miL AiiaDT. I fiabij24:4DT. AkmT. 068087 h1ELNITSA LANE KODIAK 0.000 lot with Rezanof Drive 0.142 17 480 480 486 69 0.142 Jet with Neva Way Total 69 0611089 NEVA WAY.KODIAK 0,000 Jet with Melnitsa Lane 0.219 17 550 550 491 108 0.219 Jet with Balika Lane Total 108 068460 ISLAND LAKE ROAD,KODIAK _ 0.000 Jet with Mill Bay Road 0.428 17 1680 1680 1525 653 0,428 Jet with Scout Circle Total 653 - 068500 SPRUCE CAPE.ROAD,KODIAK 0.000 let with North Cutoff Road 0.094 17 2250 2260 2914 274 0.094 Jet with Jackson Lane 0.413 17 1400 1400 1322 546 0-507 Jet with Pere Way 0,896 9 720 720 710 636 1.403 End of Road Total 1456 068510 MARINE WAY,KODIAK 0.000 Jet with Remo(Drive 0.304 16 3600 3610 4071 1238 0.304 Jet with Center Avenue Total 1238 068525 MILL BAY ROAD.KODIAK _,_, 0.000 Jet with Remind Drive 0.640 16 9240 9270 8827 5649 0.640 Jet with Powell Avenue 0.365 16 8180 8200 9245 3374 1.005 Jet with Ole Johnson Avenue 0.264 16 8690 8720 9044 2388 1.169 Jet with Bartell Street 0.616 16 7930 7950 9133 5626 1.885 Jet with Benny Benson Drive 0.285 16 8650 8680 12060 3437 2.170 Jet with Island Lake Road 0.405 16 3910 3920 3880 1571 2.575 Jet with Rezanof Drive Total 22046 (168540 BELAY BENSON DRIVE,KODIAK 0.000 Jet with Mission Road 0.082 17 990 990 1104 91 0.082 Jet with Round Drive 0.281 17 2670 2680 1826 513 0.363 !q with Mill Bay Road Total 604 2010-2012 Traffic Volume Report lI1-6 Page 159 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. , RouteMpt„Route Name/Description Length(tai)_FC, IOAADT _IIAADT. I2AADt Dv?IT 068543 MISSION ROAD.KODIAK 0.000 let with North Cutoff Road 0.792 77 1310 1310 2.15 406 0.192 Jet with Benny Benson Drive 0.762 17 1530 1530 1872 1426 0.954 Jet with 17th Avenue 1.087 17 1590 1590 2207 2399 2.041 let with Center Avenue 0.090 17 2070 2080 1484 134 2.131 let with Marine Way Total 4365 068550 MONASHKA BAY ROAD,KODIAK - 0.000 let with Abercrombie Drive 0.686 17 1790 1800 1628 1117 0.686 Jet with Otmeloi Way 0.669 17 1440 1440 1118 882 1.355 Jet with Sawmill Circle 5.933 17,8 250 250 210 1246 7.288 End of Road Total 3244 068551 ABERCROMBIE DRIVE,KODIAK 0,000 let with RezanofDrive 0.301 19 460 460 460 138 0.301 Alaska State Park Total 138 068554 LAKEVIEW DRIVE,KODIAK 0.000 let with Otmeloi Way 0 818 19 130 130 95 78 0.818 End of Road Total 78 068600 NEAR ISLAND BRIDGE ROAD,KODIAK 0,000 Jet with Rezanaf Drive 0,287 17 1630 1630 1767 507 0.287 Jet with Alimag Drive Total 507 068610 ALIMAO DRIVE(DOG SALMON BAY RD),KODIAK 0.000 Jet with Near Island Bridge Road 1.034 17719 1250 1250 1466 1516 1.034 Kodiak Harbor Total 1516 070000 NARNEKJKING SALMON ROAD 0.000 let with Airport Way 1.233 7 1330 1404 1380 1702 1.233 let with Naknek Dock Road 5.011 7 1030 1186 1170 5863 6.244 Jet with Cemetery Road/Lynx Loop 6.329 7 739 570 3608 12.573 Jet with King Salmon Heights Road 0,662 7 1320 1319 960 636 13.235 let with Sockeye Road 1.160 7 1666 1640 1902 2010-2012 Traffic Volume Report III-7 Page 160 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 t� PUBLIC HEARING ITEM:7A 3 x P&Z REGULAR MEETING June 18,2014 of AL ... Kodiak Island Borough Planning and Zoning Commission SUPPLEMENTAL STAFF MEMORANDUM - JUNE 18, 2014 ITEM TITLE: Case No. 14-019. A Comprehensive Plan amendment to change the Future Land Use Designation of lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business(KIBC 17.205). The current request for a comprehensive plan amendment originated with the property owner's request to rezone Lot 1,Alagnak Acres Subdivision from R2-Two-family Residential to B - Business Zoning in Case No. 13-013 (Nov. 21, 2012). The request was precipitated by the department's denial of the applicant's request for zoning compliance in order to expand existing unpermitted construction and land use conversion. This rezone request was denied by the commission. This request for plan amendment is {reparatory to a second rezone request by the property owner, anticipating a favorable recommendation this time. No provision of code limits the applicant's right to request such changes,and recent history has shown some applicants have prevailed following multiple requests. This supplementary investigation by staff has established that neither a zoning compliance permit nor a building permit has been issued for the construction of the loading dock located at the north end of the warehouse on Lot 1 Alagnak Acres Subdivision. Neither does there exist a building plan for the approved warehouse that includes the representation of a loading dock in any location. The Commission requested additional information and documentation be entered into the record for this case at the work session of June 11,2014. Specific requests were that the latest State of Alaska DOT traffic counts(map)for the Kodiak area,prior rezone Case No.13-013,and additional historical zoning actions for the Alagnak Acres Subdivision be appended to the original report. For the purpose of continuity, clarity, and explanatory benefit, staff felt it necessary to go beyond these specific requests and supplement the record with additional exhibits. Page 1 of the supplemental appendix contains the DOT traffic count map documenting vehicular passages in the area in question. Case No.14-014 Supplemental Staff Report&Recommendation Page 1 of 3 Page 161 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C,1. l V c‘‘. �-„ ,� "•' PUBLIC HEARING ITEM:7 A " c P&2 REGULAR MEETING June 18,2014 AL aKe Page 2 of the supplemental appendix is the As-Built survey of the warehouse located on Lot 2 Alagnak Acres Subdivision. This exhibit was submitted by the applicant in Subdivision Case No. 598-007. At a scale of 1 to 100,the warehouse is located within±5 feet of the lot line of Lot 1 Alagnak Acres Subdivision. Locating the warehouse this close to the lot line of the adjoining lot was a self-Imposed burden. Pages 3 and 4 of the supplemental appendix document the result of this Improvident placement. Pages 5 through 35 of the supplemental appendix comprise the prior rezone request,Case No. 13-013. The commission held a public hearing on this request at their November 21, 2013 regular meeting. The commission declined to forward a favorable recommendation to the assembly. The applicant did not appeal. Rezone Case No.98-014 and companion subdivision Case No.598-007 are presented on pages 36 through 97 of the supplemental appendix- These two cases contain significant amount of zoning history related to the immediate neighborhood and explain the current configuration of lots in the Alagnak Acres Subdivision. Pages 98 and 99 are the zoning compliance permitting for the warehouse to be located on proposed Lot 5-18, U.S.Survey 3218(currently Lot 2 Alagnak Acres Subdivision). This zoning compliance was issued subject to the conditions of approval attached to the decision in Conditional Use Permit Case No.91-024,and prior to the finalization of the subdivision request. The conditions of approval attached in CUP Case No.91-024 were reiterated on this permit. Pages 100 through 119 comprise the Conditional Use Permit Case No. 91-024. Significant conditions of approval attached to this decision(pages 100&101)Included; • Traffic access to proposed Lot Sl-B will be limited to the corner of the lot closest to the intersection of Cove Drive and Island Lake Road(the flag stem access of Lot 2,Alagnak Acres to Cove Drive). • A twenty(20)foot buffer strip(as defined in the staff report dated May 2 1991 for this case)augmented by sight obscuring fencing,earth berms,vegetation or combinations thereof to a height of six(6)feet,will be adequate to"screen'a commercial warehouse from neighboring residential uses,zones and traffic ways,thereby preventing adverse impacts to the surrounding area, The final forty pages of the supplemental appendix is Subdivision Case No.586.011. Th, •is1he s 'division case • - . •• r•. ed yet referenced on page 129(Staff Comm-i No.591-015). Page 133 illustrates the anomaly o r e sp r.-ot zoning resulting from the lapsing of the subdivision request and the progression and passage of the rezone request(Ordinance 86-37-0). Case No.14-014 Supplemental Staff Report&Recommendation Page 2 of 3 Page 162 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 ,) q,, PUBLIC HEARING ITEM:7 A o+ pa P&Z REGULAR MEETING June 18,2014 i AtiAII: Viewed in its entirety, staff believes that the additional material presented in the appendix presents a true and accurate picture of the zoning history and subdivision progression of the area in question,and clearly depicts the facts on the ground today, Staff believes,based on the body of evidence that the property owner was duly noticed several times of the conditions of approval attached to the placement and use of the warehouse located on Lot 2 Alagnak Acres Subdivision,and should have been aware of the consequences for non-compliance. As a result of this additional review,staff has not changed its recommendation. RECOMMENDED ACTION: Staff recommends that the Commission deny forwarding this amendment 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 a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1,Alagnak Acres Subdivision from Urban Residential to Commercial/ Business,and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No.14-014. Staff believes this motion should be failed. FINDINGS OF FACT 1. The amendment will facilitate a rezone without an adequate explanation of any economic need. 2. The amendment will facilitate a rezone without demonstrating a need for more business zoned lands. 3. The amendment will facilitate a rezone that increases conflict between adjacent districts. 4. The amendment will facilitate a rezone that replicates staff and Commission time and resources. ALERNATE MOTION Should the Commission concur with the staff recommendation and fall to adopt the previous motion,the appropriate motion is: Move to adopt the findings of fact as presented in the staff report as"Findings of Fact" for Case No.14-014. Case No.14.014 Supplemental Staff Report&Recommendation Page 3 of 3 Page 163 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. __ _ ......_ ____ ___ ........,.. .....__ C) 0 PUBLIC HEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 ABM.RONMIL PR pram n ss s ' 203 067175 i 4,- oo :-- ..., - .....C-i 7.7\ e 4 N ISA L. , (. SAN AlItt runt _ I 14 06.717:' ,,f • ,,,,,S 1 /III MON t;;111; B,M'Y .9 '4‘ / . .frl- 046510 „ ,. . flAlt1 I II Al! . 50'e , ... .,. Dl!101114014M L Ao $4‘..:20t, .1.::•‘,71`JACall‘LAR '‘,. ctC7...' 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A^3,....„ _ . 7.e ..." ------^" 's-1-'• ''''''kir'".,.1 1 r le -4.1<lkitle'l ' AN AWALY---SS:s:Scipa•cte";"We•'4v-4 a 0... •4. -A 1 te ,:i• (.0 -....i.:41...- - • —421._ .,‘,•-. , a) ; --4 i rn I Case No.14-019 Supplemental Appendix Page 4 of 160 0 Jo. EP •ssi c.) 0 .:4 AGENDA ITEM #13.C.1. PU04S-TARING ITEM 7A J P&2 PENMAN MEEr1NG/UNE 18,2014 KODIAK ISLAND BOROUGH PLANNING&ZONING COMMISSION AGENDA November 21,2012 Regular Meeting 6:30 pants theEIS Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the November 21,2012 regular meeting of the Planning&Zoning Commission at 632 pan. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance ROLL CALL Commissioners present were Bill Kersch,Alan Torres,Alan Schmitt,Rick Wahl,and Sonny Vlnber . Absent was Brent Watkins. A quorum was established. COMMISSIONER VINBERG MOVED to excuse Brent Watkins Motion failed due to a tacker a second, Community Development Department staff presentwas Martin Lydick and Sheila Smith APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTEEON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMISSION£RSCHMTTTMOVED to approve the minutes of October 17,2012 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS Local Telephone Number 486.3231 Toll Free Number 838492-9202 A) CASE 13013.Request a rezone,according to RISC 17205.030 C,to rezone Lot 1 Magnate Aces, R-2 Two Family Residential Zoning District•jR S-Business Zoning District,The applicant is Alagnak,inc.The location is NHN Cove Drive and the zoning is lt2-TwodamBy Residential Lydick state this rezone request was submitted by the applicant In an effort to assemble a consolidated lot unhindered by split lot zoning The current use of the residential lot supports the business activity loated on the Business zoned property Immediately behind.The failure to tallow through with the requirement to sepirate the business zoned property from the resldentlilly zoned property with eight-obscuring fencing his resulted in a situation where the property owner utilizes both,properties as one entity.This supporting role is a violation of Title 17. it the original Conditions of Approval attached to the Commission's decision in Case No.398-007 (Wal-Mart subdivision)had been mat,the violation could not exist Forty three(43)public hearing notices were mailed on October 17,2012Atte notice has been rammed opposing this request Stall is 11/21/2012 Page 1 of PAZ.Minutes Case No.14.014 Supplemental Appendix Page 5 of 160 Page 168 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • 0 PUOLI V ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 4' 0 recommending the Commission deny this request for manic and submit a recommendation of disapproval to the Assembly. COMMISSIONER SCHMMT MOVED to recommend the rezone of Lot 1,Alagnak Acres Subdivision f18m R2-Two Family Residential jg B-Business and forward this case to the borough assembly with a recommendation for approval and to adopt the findings In supportafan approvaL The public hearing was opened.Public testimony was given by: Carlle Malley stated she's the Alagnak Property Manager for the property In question.The request for having a solid commercial request Is that It's currently being operated by a business and they've asked to have a building modification which we've received word that our building permits will be denied based on the split zoning.Being that this business has been operating commercially on this property and we believe there isn't any intent to move this property Into a type of residential.We requestit be commercial property. Kathleen Ballenger stated she owns 351 Shahafka Circle and she's opposed to the rezone based on what the staff is saying,Cove Drive is certainly not a thoroughfare that's going to be able to withstand more Waffle. Her feeling at one time was all this was designated residential and plecemealed Into different areas.She is adamantly opposed to this rezone. The public hearing was closed. Brief discussion ROLL CALL VOTE FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings In the staff report dated November 3,2012 supporting the denial of the rezone from R2-Two Family Residential to B-Businesses FINDINGS OF FACT for this case. FINDINGS OF FACT 1772.020 A. Finding:Las to the Need and luslificatlon for a Change or Amendment The principal justification presented In this case to rezone this parcel to B-Business is because that Is how the property Is currently being utilized.The commission finds that such a rezone will have sharp impacts to the existing residential level road serving this area and that its future use is not suitable or compatible with the residential neighborhood character of this area. 17 72.020 B. Flndlnes es to the FDrrt a Chanel.or Amendment would have on the Oblrctivrs of the Comnrehenslvr Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update Identifies this lot for Urban Residential uses and the lot size makes It practical to develop In a manner consistent with Its existing zoning.In this regard,this request Is inconsistent with the objectives of the domprehensive plan. ROLL GILL VOTE ON MOTION CARRIED UNANIMOUSLY 8) CASE 13-014.Request a Title 18 Land Disposal Review,per KIBC 1820.030 A,to consider the combined disposal for fair market value by direct negotiation of approximately 19,500 square feet of borough land adjoining Lot 28,Block 9,Miller Point Subdivision,1st Addition, according to RUC 1810.060 A,and,M08C 1820.070 A.The appilcant is Lawrence J.Van Dade.The location is 3391 Antone Way and 961 Mallard Way (Noithstar Elementary School).The zoning Is RR-1-Rural Residential Zoning District,and PL-Public Use Zoning District Lydick stated this request for a Borough land disposal has been initiated by the adjoining property owner. The applicant's stated purpose for the disposal Is to provide buffering for his misting residential investment The applicant's current land area totals 25,264.8 square feet. Combined 11/21/2012 Paget of 9 P&Z Minutes Case No.14-014 Supplemental Appendix Page 6 of 160 Page 169 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLL)FARING ITEM 7A tt P&l2 REGULAR MEETING TUNE 18,2014 PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 21,2012 6:30 p.m. KODIAK ISLAND BOROUGH ASSEMBLY CHAMBERS AGENDA Ai CASE: 13-013 APPLICANT: Alagnak,Inc. REQUEST: A rezone, according to KIBC 17.205.030 C,to rezone Lot 1 Alagnak Acres, from R-2 Two Family Residential Zoning District-tog—Business Zoning District LOCATION: NHN Cove Drive ZONING: R-2 Two Family Residential Zoning District Thank you Mr.Chairman, 1. This rezone request was submitted by the applicant in an effort to assemble o consolidated lot unhindered by the burden of split lot zoning. The current use of the residential lot supports the business activity located on the business zoned property immediately behind. 2. The failure to follow through with the requirement to separate the business zoned property from the residentially zoned property with sight-obscuring • fencing has resulted In a situation where the property owner utilizes both properties as one entity. 3. ,This supporting role Is a violation of Title 17. If the original Conditions of Approval attached to the Commission's decision in Case No.598-007(Wal- Mart subdivision)had been met,the violation could not exist. Forty three(43)public hearing notices were moiled on October 17,2012. One notice has been returned opposing this request. 4. Staff is recommending the Commission deny this request for rezone and submit a recommendation of disapproval to the Assembly. Case No.14.014 Supplemental Appendix Page 7 of 160 Page 170 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM#13.C.1. C J PUB4U.EARING ITEM 7A P&Z��REGULAR MEETING JUNE 18,2014 i Kodiak Island Borough AII° , ,i Comm unity Development Department * nee I 71OMU1 Bay Reed t- Kadiak Alaska 99615 Phone(907)486-9363 Fax(907)486.9396 wwwkodekekw November 26,2012 Cask Malley Magna/4,1m 2705 Mill gay Road Kodiak,AK 99615 Re: Case 13.013. Request a radon,according to KIBC 37.205.030 C,to rezone tot I Magnet Acres,from R-2 Two Family Residential Zoning District-to B—Business Zoning District. Dear Ms.Malley: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on November 21,2012 denied your rezone request and adopted Findings of Fact in support of their denial.Findings of Pact are the commission'sforma/justifation for the action taken, FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The principal justification presented in this case to rezone this parcel to B•Business Is because that is how the property is currently being utilized.The commission finds that suds a rezone will have sharp Impacts to the existing residential lewd road serving this area and that its future use is not suitable or compatible with the residential neighborhood character of this area, 17.72.020 B. findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update Identifies this lot for Urban Residential uses and the lot size makes K practical to develop In a manner consistent with its existing zoning. In this regard, this request Is inconsistent with the objectives of the comprehensive plan. According to KIBC 17.205.056.8: If the planning commission recommends dental of any proposed amendment,Its action shall be final unless the initiating party,within ten working days by 5:00 p.m.,December 7,2012),files a written statement with the Borough Clerk requesting that the commission's action be taken up by the borough assembly.A$350 appeal fee is required along with your written statement.. Case No.14.014 Supplemental Appendix Page 8 of 160 Page 171 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. C PUBL �EAAING ITEM JA P&2 REGULAR MEETING JUNE 18,2014 . 0 0 Should you have any questions about the procedure,please call the Community Development Department at 4864363. Sincere /(, el.4 4 4 Martin Lydkk Associate Planner CC: Bud Cassidy,Interim Manager NovaJavler,Borough perk Planning&Zoning Commission Case No 14-014 Supplemental Appendix Page 9 of 160 Page 172 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • OPU8IE TARING ITEM 7A P g:2 REGULAR MEETING JUNE 18,2014 Mho Emma Item f-A / , Q 0 P&2.November 21,2012 Rc-urrentjlocatianl ,-- +-� {i3e�uASt t le one—7-4,',-care{n� se ta0Cri9'err,P&SZ{La5eIi 13-0 31 i o e one fet#6177rn-C:e ttmn r 2$Tr Je t Alagnak,jine AL den _IZcamr ui Kit op,U-EIUsfoes Lanm_;yn,urin'e Agent iCarligfMalleyt ‘, 41- --- -24:014M.Slitigiligli itoi:zipri7'i ft _u�3218 Ifk ris 1S Q ,. .ail P '.:"... n3 ZAI: lik 0 41 , . �l ssy�gs gi ,t, r a a . ,,,r , 0% ..,,,,,. It lea Legend ie a,e{'�,2 ` .ti Subject Parcel tr Kodiak Island Borough GIS System ; W a -04.v..., a In as as 1.114 r 8NY Awn.us `: � . i•��w'r.+or.1ww0 1i w1�r.a t_ __�. .,U.i0..0.w4.00.1�. s. p a1raswrwa..n rtdr...a +s Case No.13-013 Intraductdan Page 1 of 3 Case No.14.014 Supplemental Appendix Page 10 of 160 Page 173 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. 0 PUBI:_+tEARING ITEM 7A P 8 2 REGULAR MEETING JUNE 18,2014 0 (1 Public Heanag Item/•A tf PtZ November 21,2412 c Kodiak Island Borough Zoning Map tY.' a ®: Community Development Department • Current Zoning`# ,R,ws r:enl� onndnil,lolrlRC-ir ay n 4u ,Q&ZCaset13013 ' torezonllot3l111idk ci Itoom142 Iwo Iamil . Ala Wait s esidltnl honing th to t to b-tu m ss Zom z: lsrr_t .Agent ( ic It IL ? ass 3218 st I raM, 1)/,,,,) ir 111,11011:0: 1,tia P -75,„ -�• I I V le'. fi >� Ifs ♦ .Yf �,zy S ,lF ff _ ! Legend i / J . vttl r, {5u6j:Parcel ._ _ Zoning Legend !'-3 PON Use lmta al fb4WRWee.41 I f ail Mt Fnt/R.ads MI WM asWW IM wanes l^3 PonIRSdeVe 2 MIone to tale N$P*od EmneW1 O Ceenvion ' 1 alg4 frrelyite*4.81 MI BAN U ke aim th tsatea Je4nnetill Q Pond R.ededle n 1 vF. Ra idetle a I I.—.I Mule Use 1)t 4414. e.W sot smon44e e11 swe. .e.mo.M�Obte.4.,.I.p. e.aW WYbw. aw Wir01.F.1ne.YM..01M1.;e.4n.b W WOnsy,rtpeMU.tYp RISIMI Case No.13-013 introduction Page 2 of 3 Case No.14.014 Supplemental Appendix Page 11 of 160 Page 174 of 451 Ordinance Na FY2015-04 Amending the 2008 Comprehensive Land_. 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Legend P At— r3` — i }y " r: J _ . .461 :...'' 2+r" _.t... .,r � evartd Kodiak Island Borough GIS System w ,,N, g Y m lee ]ot m _ It s Y--p S .K�.KS.1V4WW ell. .•,��IrSS I M ew.ebede Saw e.Irto...eYMW W,1..�i ..ipere.Sesvwee MS.la—aeeesep rt4e...WPTS®. Case No.13-013 Introduction Page 3 of 3 Case No.14-014 Supplemental Appendix Page 12 of 160 Page 175 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBli_.t'EARING REM 7A P&Z REGULAR MEETING JUNE 18,2014 l� IMMIC Heanng Item/-A V" P&Z November 21,2012 Koch o* Idm frm II SuhmMly Emil i ;It Comn.ayots*pm.moe$nwm 4 nosmayM.PJ gas .WAMp%1 PN0.37)0s-4 i Fax$0714116.93% al PROP_IbA ffle{ Application for Rezone KIBC 17.205 • iB.Vb xptlwwmnxme.wgdld6ym.Ayplmc :. PmpenyO.mrt/.lppuvs 4/Iel41J:l!! .1nC. Frmno MP= .di- t .2,-; • ., Phone NUthen (90- 1".4/ 1 J- mn..ae= ri � .i isoreopMa P1J _ _ Lae Meet Addmc ,Agar 'nn.. 1414 CumnanNw Q,Z PM/owl d Mtge 13-&es App.pbMCmpmi.r. - _ .- .. ...._.. 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PUBEIQARING ITEM 7A F&Z REGUEAR MEETING JUNE 18,2014 VOW Hearin@ Illm hA O P&2 November 21,1012 CDOSaflcmnlalm0 � , EL2 9/�y�a =Sum 2A 4�4 tO3M1311ffipEa20 rmtnrriar Maidaes Fn P.qUe ii 0*.Mani la- kn a kn..Laic 967 Nm4Pdlab14 PAID EN Oanl.Is raa Ic/mum V4 msmaes r Moto SEP202012© WWl ma=sou r memo • 40,07 a Or en r ma1m (OOIa slant1tl010Ugl clmncPgentAmni Use No.13-013 ApPlladon Ptje ld 2 Case No.14-014 Supplemental Appendix Page 14 07160 Page 177 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM#13.0.1. ll PUBL., EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Public Healing Hem t-A 0 1/4-1 November 21,2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MB Bay Road,tweak.Alaska 99619 (9071486+1363 October 17,2012 Public Hearing Item 7'6 PUBLIC HEARING NOTICE A public hearing will be held an Wednesday,November 21, 2012.The meeting will begin at 6:30 p.m.In the Borough Assembly Chambers,710 Mill Bay Road,Kodiak,Alaska,before the Kodiak bland Borough Planning and Zoning Commission,to hear comments K any, on the following request: B) CASE: 13-013 APPLICANT: Aagnek me AGENT: REQUEST: Aresone,according to&IBC17105.030C,to rezone tot 1 Magna Ants, ((gm R.2 Two Family Rmnbantal Zoning CNtdrt.fg B^Business Luling District LOCATION: NHN Cove Drive ZONING. R2-TwofamtyReesantal This notice Is being tent to you because ourremrds imitate you an a wcwerty ownarfimarated party M the artat of the mumt. H you do not with to testify wrbady,you may provide yew comments in the spare Slow or in a letter to the Cemmuniw Oayelnpmmt Department.Written c i wnenn mutt be meshed bu 6 an on TuasdW Nmamber 6.2011 to be wmdem d be chi rammduten II you would me to lax your comments to us.our fax number Is:(907)486.9396 Or you may email them to ssmh eggr abtia If au would Ma to testify ma tela hones Weise all in your moments dairy the appropriate put&hearing section of the meant The lead =NW telephone number di 41167131.T e toll tree number is 145S-4414201. One week prior to the raayar meeting on Wednesday,November 14,2012.a work session will S Mid at 600 pa in the Kodiak Wand Batough Conference Roan 111211,to review Be pedal material for Mews. Kodak bbd Borough Code ProvIde you with specific appeal right R you anew with the Cou,tdo&s decision a INS request if you bas any actions about the request or your aped rtrh s.paste real free to call us at4669363. Ton Wow Malyamnm Tee Rgsaewmwwn Can aC Case NO.13-013 Pubicc Comment Page 1 of7 Case No.14-014 Supplemental Appendix Page IS of 160 Page 178 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. QPUBLC)ARING(t EM 7A P&2 REGULAR MEETING JUNE 18,2014 Public Nearing Item I-A O kJ P&Z November 21,2012 Notification Area Request A rezone,according to KIBC 17.205.030 C, P&Z Case 13.113 to rezone tot 1 Alagnak Acres,from R-27Wo Family A1agnak Inc Residential Zoning District-to 0—Business Zoning 0istrict V �t r ir , _ 1 d ,. „ ► � . ' ®. e . r ` :oRne . riari a ,31-.:milk—to . it- .d `••..ift'. S Ft ii, sat 5 Ir t.. �� ,7,----.u �, y O Kodiak Island Borough GIS . Legend W �'I E +r .. - Till* s tm w ago •'%y Subject Parcel $ ttun.,e ,w~∎aseewee w.�'"r.�` t..ewniaws" ens a.a.ra. °sr r:ra.0franm n4..�im0onaugim '�' Case No.13-013 Publk Comment Page 2 of 7 Case No.14414 Supplemental Appendix Page 16 of 160 Page 179 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBIi i.,,$ARING ITEM 7A P&2 REGULAR MEETING JUNE 19,2014 Public Hearing Item/-A ) »r' P&2 November 21,2012 a Kodiak Island Borough a '�r rs. s Commanlfp Development Department o �+ai9 w` 710 Mill Bay Read Room 205 ^ .� Kodiak;Alaska 99615 .,a� Phone(907)486-9363 Fax(907)486.9396 www.kodiakek.us October 17,2012 AJagnak,Inc. C/o Ms.Cadie Malley 2705 Mill Bay Rd. Kodiak,AK.9963 Re: Case 13013,Request a rezone,according to RISC 17.205.030 c to rezone Lot 1 Atagnak Acres, twig R-2 Two family Rs*Jdentlat Zoning District-MB—Business Zoning District Dear Ms.Malley: Please be advised that the Kodiak island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their November 21,2012 regular meeting.This meeting will begin at 6:30 p.m.In the Assembly Chambers,710 Mill Bay Road,Kodiak,Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting,on Wednesday,November 14,2012 at 6:30 pin.in the Borough Conference Room(11121),the Commlulan 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 recaMng 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 4969353 if we can answer any outstanding questions or provide additional Information-In advance,thank you for your cooperation. Sincerely, Staff Shelia Smith,Secnstary Community Development Department CC: Case No.13.013 Public Comment Page 3 of 7 Case No.14-014 Supplemental Appendix Page 17 of 160 Page 180 of 451 Ordinance No, FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 f\ Public Hearing Item/-A CD a P&2 November 21,2012 KODIAK ISLAND BOROUGH 1DA ENTERPRISES,Lit JOHN ARNDT 710 MILL BAY RD 3017 RAVEN CIRCLE PO BOX 1636 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AN 99615 DEREK FOSTER SWANSON FAMILY TRUST RONALD FRIED 599 TOMALES RD P 0 BOX 2666 P 0 BOX 8585 PETALUMA,CA 94952 KODIAK,AK 99615 KODIAK,AK 99615 MICHAEL HERTER MARTIN EATON MICHAEL WELBORN 490 SHAHAFKA CIRCLE PO BOX 2609 PO BOX 634 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JOHN ARNDT KODIAK BIBLE CHAPEL OF KODIAK MICHAEL WELBORN PO BOX 1636 P.O.BOX 1245 P.O.BOX 634 KODIAK,AK 99515 KODIAK,AK 99615 KODIAK,AK 99615 KELSEY CHATSKI BENJAMIN REHMER TED ROGERS 4026 LUNAR DR RA2 P.O.BOX 446 445 SHAHAFKA CIRCLE ANCHORAGE,AK 99504 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK BIBLE CHAPEL OF KODIAK TED ROGERS CARL ERICKSON P.O.BOX 1245 445 SHAHAFKA CIRCLE 2943 COVE DR KODIAK,AK 99615 KODIAK,AN 99615 KODIAK,AK 99615 MAR HOOVER TED ROGERS BRENT ARNDT 420 SHAHAFKA CIRCLE 445 SHAHAFKA CIRCLE PO BOK 1066 KODIAK,AK 99615 KODIAK,AN 99615 KODIAK,AK 99615 KODIAK BIBLE CHAPEL OF KODIAK ALAGNAK INC ALAGNAK INC P.O.BOX 1245 P.O.BOX 1275 P.O.BOX 1275 KODIAK.AK 99615 KODIAK,AK 99615 KODIAK.AK 99615 LESUE SEATON WAL-MART REAL EST.BUS.TRUST JACKJOHNSON 2920 COVE DR PO BOX 8050 PO 60X 2359 KODIAK,AK 99615 BENTONVILLE,AR 72716 GEARHART,OR 97138 MARK DAILEY KATHLEEN BALLENGER RICHARD MCKINNEY PO BOX 959 P.O.BOX 126 PD BOX 1739 KODIAK,AK 99615 KODIAK,AK 99615 KODLAK,AK 99615 Case No.13-013 Public Comment Page 4 of 7 Case No.14-014 Supplemental Appendix Page 18 of 160 Page 181 of 451 Ordinance No FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 1-� PUBt Lt_.TARING ITEM 1A P 8 2 REGULAR MEETING JUNE 18,2014 Public Hearing Item/-A P&Z November 21,2012 CHRISTINE MCVAY DANIEL CANAVAN ERIC L RYAN 344 S'3AHAFXA C)R 330 SHAHAFKA CIR 315 SHAHAFKA CIRCLE KODIAK,AK 99515 KODIAK,AK 99615 KODAK,AK 99615 IAN FULP KODIAK VENTURES,INC KODIAK VENTURES,INC P.O.BOX 2306 PO BOX 1066 PO BOK 1066 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99815 KODIAK VENTURES,INC, KODIAK VENTURES,INC KODIAK VENTURES,INC PO BOX 1066 PO BOX 1066 PO BOX 1066 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK VENTURES,INC JAMES COLE NATHAN MUDD PO BOX 1066 PO BOX 8372 PO BOX 8933 KODAK,AK 99615 KOOSAX,AX 99515 KODIAK,AX 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK,AK 99616 Case No.13-013 Public Comment Page 5 of 7 Case No-14-014 Supplemental Appendix Page 19 of 260 Page 182 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • , TUBE„-TARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2019 r('�„,. Public Hearing Item/-A O V P&Z November 21,2012 Sheila Smith From: Ke i Hower at0aoare®rockebnafi.wn> Sent Thursday.November 01,2012 5:23 PM To: Sheila Snit Cc: Marls Hoover Subject- Case: 13-013-Rezoning To Whom It May Concern; Our household received the Public Hearing Notice regarding the request from Alagnak,Inc to rezone Lot I in AJagnak Acres. I am not racdv sum what the difference is between an 11.2 Two Family Residential zone and 11—Business Zone? However,my fear is char if the lot is rezoned then the company wit be free,without consequence,to continue the disruptive activities that already take place in our neighborhood.Some of these disruptive activities include high traffic,loud and large trucks on the roadway,inconsiderate employees who drive way to fast for p residendal urea, loud noise eady in the morning and sometimes throughout the day(even on weekends)and late into the evening and bright lights that stay on throughout the night. My family does not feel that a company with daily functions that involve the above-mentioned activities should be located in a residential setting and therefore should NOT be zoned as a B-Business Zone in a residential neighborhood. Please feel free to contact me with further questions or concerns Kelii Hoover (757)478.4351 420 Shahafka Circle—IA-2 Case No.13-013 Public Comment Page 6 of 7 Case No.14-014 Supplemental Appendix Page 20 of 160 Page 183 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. `w,J PU8■...tARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 PuDltC Hearing Sere hA P&Z November 21,2112 Duane Dvorak From: Ko l Hoover ektllmovsgtruekeu alicoms Sent Friday,November 02,2012128 PM To: Duane Dvorak Subject Case: 13-013-Resonfi To Whom It May Concern: Our household received the Public Hearing Notice regarding the request from Alagnals,Inc.to rezone Lot 1 in Alegre*Acres. I an not needy sure what the difference is between an R-2 Two Family Residential zone and B-Business Zone? However,my for is that if the lot is rezoned then the company,will be free,without consequence,to continue the disruptive activities that already take place in our neighborhood.Some of these disruptive activities incluelc high traffic,loud and large rrvcks on the roadway,inconsiderate employees who drive way to fast for a residential are, loud noise early In the morning and sometimes throughout the day(even on weekends)and late into the evening and bright Eights that stay on throughout the night. My family does not feel that a company with daily functions that involve the above-mentioned activities should be looted in a residential setting and therefore should NOT be zoned as a B-Business Zone in a residential neighborhood. Please feel free to contact me with further questions or concerns: Kelli Hoover (757)478-4351 420 Shelflike Circle-IA-2 —Fawerded Message— From:Shells Smith cgkmgbkekuP To:KaiS Homer Sent:Thursday,November 1,2012 5:22 PM Subject:Automatic reply:Can:13013-Rezec*n I will be out of the office from October 26,2012 fore few days. If you need assistance please all 486-9362 or email Duane Dvorak at lldvomkt kodiakakaes. Thanks! Case No.33413 Publik Comment Page 7 of 7 Case No.14014 Supplemental Appendix Page 21 of 160 Page 184 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. O PUBU—ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Public Hearing Item I-A O O P&Z November 21,2Q12 MEMORANDUM Date: November 3,2012 To: Planning and Zoning Commission From: Community Development Department Subject: Information for the November 21,2012 Regular Meeting Case: 13-013 Applicant Alagnalt,Inc. Request: A Rezone,according to KIBC 17205, to investigate a change of zoning for Lot 1,Alagnak Acres froth R2-Two-family Residential to B-Business Location: No Addressed Assigned. Zoning: R2- Two Family Residential. Use: Vacant—Access to Business zoned property and warehouse. Forty-three(43)public hearing notices related to this request were mailed on October 17,2012. Date of site visit November 4,2012 1. Zoning Historv: The 1960 Comp Plan identifies this lot as"Residential Unclassified'.Ordinance 80-9-0 rezoned the lot to RR(Rural Residential).In Ordinance 86-37.Orezoned this lot to R2. 2. Lot Size; 17,513 square feet/.4 acres 3. Existing Land Use: Loading dock and vehicle maneuvering space for adjacent Warehouse Use. 4. Surrounding Land Use and Zonino: North: Cove Drive Use: Neighborhood mad with Residential development Zoning: R2-Two-family Residential South: Lot 2,Alagnak Acres Use: Warehouse Zoning: B-Business East: Flag stem to Lot 2,Aiagnak Acres and residential lot with R2 Use. Use: Business—Access flag slem/R2—Two-Family Residential Use Zoning: B-Business/R2-Two-family Residential , West: Lot 1A-1,Bk 2,Shahalka Acres Subdivision Use: Single-family Residential Zoning: R2-Two-family Residential Case No.13-013 Staff apt Page 1 of 8 Case No.14-014 Supplemental Appendix Page 22 of 160 Page 185 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. `-/ PUBL_.. ARING ITEM 2A P&Z REGULAR MEETING JUNE 18,2014 Public Hearing item I-A Cl / P&2 November 21,2012 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan Identifies the proposed future land use of the proposed rezone area Urban Residential. 6. Applicable Regulations; The following sections of Title 17(Zoning)of the Borough Code are applicable to this request Rezone 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. KIBC 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- KIBC 17.205.030 Manner of Initiation. Changes in this tide(request for a rezone)may be initiated in the following manner. C.By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed In the community development department,be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shag set forth reasons and Justification for proposing such change. KIBC 17.205,055 Submission to assembly. A.Within thirty days after the planning commission has acted favorably upon a proposed zoning change In accordance with the above provisions,a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly,the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070,by the borough cleric B.If the planning commission recommends denial of any proposed amendment;Its action shell be final unless the Initiating party,within ten days,files a written statement with the derk requesting that the commission's action be taken up by the borough assembly. Case No.13-013 Staff Rpt Page 2 of S Case No.14-014 Supplemental Appendix Page 23 of 160 Page 186 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBU)ARING ITEM 7A P&2 REGULAR MEETING JUNE 15.2014 2^„„ Public Heanng Item/-A 0 U P82 November 21,2012 COMMENTS The petitioner is requesting a rezone of a residentially zone lot to B-Business. The representatives of the land owners In this case have stated that a surcesshA rezoning will lead to consolidation of this parcel with the larger Business zoned lot irnniedletely adjacent and directly behind this parcel. In fact,it was an Inquiry Into the subdivision requirements that would allow the two lots to be joined together that led to this rezoning request"Split lot zoning'(a single kit with two or more different zoning designations)is a poor zoning practice. The petitioner's application states a desire to create one larger lot out or the two existing lots because that Is how the property Is being used.A site visit clearly showed that Is the case,This residential lot for all practical purposes Is being used in support of the warehouse that is located on the larger adjacent parcel.This residential limed lot Is the site of loading docks serving the warehouse(There is a roll up door on the side of the warehouse facing the residential lot).It is also being used as truck maneuvering room to access the loading dock. Combined these two parcels together will make a large tot that will be 1.23 acres in size or 69,343 square feet.This is a significant'amount of B-Business zoned lend.That In itself Is or concern,but of even more concern is that all access to and from this parcel wllfbe from Cove Drive.There ere concerns that this residential level road as currently constructed could be Impacted by this action. Alagnah,Inc.Is the landowner In this case.Magnet(once owned a much larger tract of land in the area(see plat 98-11).Through their efforts,the midtown business node was created.This node has served Kodiak well as it has become a vibrant part of the community. Uses occurring on Alagnak owned land include the Brechan Enterprises headquarters building,the Brechan concrete plant,and the State TrooperslDMV offices. Aiagnak land sold to others Includes the parcels where the Wal-Mart stare is located,as well as the large parcel of land adjacent to the Wal-Mart store (though essentially vacant,there Is a warehouse on the far side of the property).A partial ring of R.2 zoned residential land was sold to Kodiak Ventures along Island Lake Road and Cove Drive. What remains of Alagnak holdings along Cove Drive are the two parcels that are discussed in this case. This request Is as much more than the simple request to rezone the currently zoned residential parcel, It Is about the potential of combining this tot with the existing larger business zone lot.It is also about the future development potential that will occur here. The Business Zoning district includes a wide range of uses that are not compatible with residential uses,There will be Impacts to Cove Drive and the adjacent residential area with the of additional business traffic sure to be generated es business develop on these lots.Though there are Performance Standards found In KIBC 17.90.050 to lessen the impact of business actMtias that are adjacent to residential areas,there are other alternatives. One of those alternatives Is to investigate the zoning to the Urban Neighborhood Commercial District. This district stows for Less Intensive business uses. Case No.13.013 Staff Rpt Page 3 of 8 Case No.14.014 Supplemental Appendix Page 24 of 150 Page 187 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13,,C.1. PUBt{,-.'ARING ITEM 7A P&2 REGULAR MEETING JUNE 18.2014 �'O1 PUNIC Hearing Item bA ( lJ P&T November 21,2012 Rezone CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2008 Kodiak Island Borough Camprehenslve Plan Update is a guide for development during the planning period identified in the plan to be 2005 to 2015 (Kodiak Comprehensive Plan, page 2). The plan Identifies this lot to remain as Urban Residential,This could Because the residential nature of Shahafka and Cave Drives. The'Residential'designation In the 2008 Comprehensive Plan reads as follows: 'This designation allows for a variety of urban level residential uses. It is generally applied within incorporated cities and would allow for a intt of skigle-fatuity and other types of houeing Including those allowed in RI,R2,R3 and SRO zones."/ ZONINGIUSE: Below is a listing of the uses found In the R2-Two-Family zoning district compared to the uses allowed In the B'Business Zoning District.The Business district Is a liberal district end permits many things that are not compatible with the established residential area.Zoning Is the key tool In separating incompatible uses.And though the current use of the lot to support the adjacent warehouse use may not be so Incompatible,a rezone of the lot makes it available for any business uses listed below as permitted uses. R2-Two-family Residential e-Business 'Chapter 4,Page Il Case No.13-013 Staff Apt Page 4 of 8 Case No.14-014 Supplemental Appendix Page 25 of 160 Page 188 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. OPUBLQARING ITEM IA P&Z REGULAR MEETING JUNE 18,2014 Public Hearing Item f-A 0 Q PAZ November 21,2012 17.75.025 Permitted uses. 17.90.010 Permitted uses The(meowing land uses are The following land uses are permitted in the 52 Two- permitted In the0-Business district: family residential district A.Accessory buildings; A.Accessory buildings; B.Beauty Shops B.Assembly Haas; . CM Galleries; C.Churches; O.Auto repair garages and dealerships; D.CIWO C.Banks; E.GreeNrouses; F.Building materiel suppliers; F.Home occupations; G.Dry Cleaners; G.Hospitals; H.Eadng and Drinking Establishments; L Fraternal Organizations and private clubs; H.Pads andplygmunds; J.Funeral parlors; I.Professional Offices K.Gasoline Stations; J.Schools L Government Offices; IC Single-hMly dwellings; M.Hotels; L Two Family Dwellings. N.laundry establishments; M.Vacation Homes 0.Libraries; N.Bed and Breakfasts;and P.Machine Shops. 0.Hoop Houses, O.Marinas and boat storage R.Mint Warehouses 5.Motels T.Multiple-family dwellings U.Museums V.Offices; W,Outdoor storage; S.Printing ships 2.Professional Offices and clinks AA.Public pads and open spaces BB.Retail stores and services CC.Sliyie—family and two family dweltngs with other conditions of approval see code. A list of conditional uses found In the R2-Two-family Residential District compared to the requested 8-Business District Is Identified below. R2-Two-family Residential B-Business 12.75.0330 Conditional uses. 17.90.120Conolllonal Uses There are not Conditional Uses In the 52 Zoning Distrl2 The lollosving land uses may be allowed by obteinIng a conditional use permit In accordance with the provisions of Chapter 17.200 ERIC: A.Churches B.HOSpitab C.Recreational vehicle parks;and D.Warehnuses Case No.13-013 Staff Rpt Page 5 of 8 Case No.14-014 Supplemental Appendix Page 26 of 160 Page 189 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. OPUBLL APING ITEM 7A P 82 REGULAR MEEMNG JUNE 111.1014 Public Hearing Item/-A O PR November 21,2012 Though it Is clear from the list above,that the number,types,and intensity of tees wit Increase should the request to rezone Ole lot from R2-Two Family Residential to El- Business be approved, there are other zoning Issues the commission will need to consider-Of specific concern Is that In the Business district structures can be built to a height of 50 feet.Though the probability of that happening Is small,should that In fad occur,the adjacent residential homes will be staring at a 50 foot wall adjacent to their lot because there are no setback requirements for structures in the 8-Business district. This very Issue has being discussed at length In the Public Advisory Committee who is looking at dtenges in the Zoning Code.Even 11 construction of a bidding Is butt off the property line,customer parking is Slowed to occur right up to the common properly I'ne- Them Is need for a transition zoning district between residential zoning districts and lands In the business zoning district.Such a transition will buffer uses and Impacts to residential areas from uses located on business Toned properties.Socha buffer zone Is the Urban Neighborhood Cumnierdel Zoning district This zoning district altars a more limited list of permitted uses(See RISC 17.100). LAND SUITABILITY: This request Is for a single bit lobe reclassified from R2-Two Family Residential to B- Busness. The topography of the site is relative gal and suitable for most B-Business zone uses.The area also benefits by being served by water and sewer services.What appears to be a limiting factor for business use is that the property is served by a residential level road not capable of sustaining business traffic. RECENT DEVELOPMENT TRENDS IN THE AREA: The development bends occurring In this area are occurring on three hunts.Shahagla Acres Subdivision started off as a large lot residential area-With the Installation of water and sewer services,these lots have been subdivided.There remain a few lots that have future subdivision potential. A more recent trend Is the development of the mid-town business node that Includes the Safeway and Wal-Mart stores.This development has occurred on Mill Bay Road that has the Capacity and cepabilty to sustain increase traffic that business uses generates.Lastly,we are seeing Interest In providing high density residential development N the area. There is value in having these higher density residential neighborhoods adjacent to business nodes. Folks thing nearby will have access, generally pedestrian generated,to groceries,restaurants and other services, TRAFFIC IMPACTS: Alegnek's sale of two parcels to Wal-Mart has changed the pn-ette traffic pattern(See Image overlay).You can see that before the sale, access to the existing warehouses was across the Wal-Mart parcel from Island Lake Road as well as from Cove Drive. Now because of the change in ownership, all access is restricted to and from Cove Drive. A rezone to B- Business and likely development will result in an Incremental Increase In traffic in the area. Cove Drive is a neighborhood level road that at times Case No.13-013 Staff apt Page a of 8 Case Na.14.014 Supplemental Appendi.Page 27 n1160 Page 190 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM#13.0.1. Q PLIBLI,�EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 r-� f{(.'"��t� Publer Nearing Item!-A V \../ P&2 November 21,2012 suffers because of Its poor road foundation.Additional traffic will compound the issue. And though the condition of the road can be addressed with more maintenance,what remains are the Impacts to the residential character of Shahafka Acres and Cove Drive neighborhood. Rezoning this lot and combining It with the back lot will also have another dramatic effect.It will Increase the road frontage for business use from 30.14 lineal feet(the flag stem of the existing business zoned parcel)to 205.42 lineal feat.Each lot created that fronts onto Cove drive could have Its own driveway and traffic. ANALYSIS: With the exception of a flag stem adjacent to the let in question,the current residential zoning of this lot is consistent with the other lots along Cove Drive and the Shehaeka Acres residential subdivision.This low level residential road serves the cul-de-sacs of Shahafka Acres Subdivision which has been a thriving residential neighborhood. The sailing off of Alagnak's other land holdings restricted access to this tot and It neighboring parcel to"Cove Drive.Increasing traffic On this road Is problematic as it is barely capable of sustaining the existing neighborhood traffic that occurs. The question for the commission to answer is if rezoning this residential lot to B- Business and Its future"business development potential Is consistent with the level of the mad serving the area,its Impact to the adjacent residential neighborhood and its consistency with the Comprehensive Plan. Staffs recommendation is to not to rezone this parcel. RECOMMENDATION Staff recommends that this request be DENIED.The Commission shouldtorward this request for rezone to the Assembly with this recommendation. APPROPRIATE MOTION Should the Commission agree with the staff recommendation,the appropriate motion Is: Move to recommend the rezone of Lot 1,Atagnek Acres Subdivision gam R2-Two Family Residential tg B-Business and forward this case to the borough assembly with a recommendation for approval and to adopt the findings In support of an approval. Staff recommends that the preceding motion be DENIED and the following motion be approved: Case No.13-013 Reif Rpt Page 7 of 8 Case N0.14-014 Supplemental Appendix Page 28 of 160 Page 191 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUB1i.IIARING ITEM 7A P&Z REGULAR MEETING JUNE 1B,2014 Public Hearing Item(-A P&Z November 21,2012 Move to adopt the findings In the staff report dated November 3, 2012 supporting the denial of the rezone from R2-Two Family Residential to B- Business as FINDINGS OF FACT for this case FINDINGS OF FACT Section 17.72.020 stales that the Commission shall incorporate the following criteria Into their report to the Assembly: 17.72.020 A,Findings as to the Need and Justification for a Chenoe or Amendmerl6 The principal justification presented In this case to rezone this parcel to B-Business is because that is how the property is currently being utilized.The commission finds that such a rezone will have sharp impacts to the existing residential level mad serving this area and that Its future use Is not suitable or compatible with the residential neighborhood character of this area. 17.72,020 B.Flndlnes as to the Effect a Change or Amendment would have on the Oblectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update Identifies this lot for Urban Residential uses and the lot size makes It practical to develop in a manner consistent with Its existing zoning. In This regard, this request is inconsistent with the objectives of the comprehensive plan. Case No.13-013 Staff Rpt Page 8 018 Case No.14.014 Supplemental Appendix Pate 29 of 160 Page 192 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. 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If, Of Sr arc $1m tivk Inn ten 17,51)It I Z n a y r Y a t LOT J yI 6. .0 cn. a tart Atf l.tY 6 'tt �• '6.'4 1.11 U t ga Case No.13-013 Appendix Page 3 of 4 Case No.14-014 Supplemental Appendix Page 32 of 160 Page 195 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. o PUBbtt:tARING ITEM 7A P&2 REGULAR MEETING JUNE 1B,2014 C) O Public Hearing Item I-A P82 November 21,2012 Era i f �.407 i I ve IagG �� Malt rA".., _ .„,„, .Jo —4.,,..v \_. • Gtr r.". .--a- . ...- a.-i .. �A i. 1" r Yom• ' KMEfi- is • - i Case No.13-013 Appendix Page 4 of 6 Case No.14.014 Supplemental Appendix Page 33 of 160 Page 196 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLI� NG TE 7 • P&1 REGULAARI I R MEETIN • OM ll A JUNE 18,2014 G 0 Al }q . - N;'. 7�'4`' -'' tmYE •' ' �p„F k I f'A14 •§ :-: )4 t47. *f•d 4 ,r p !n E:4,.. y y a. fit/, .te,. :7 r,< fs . a s '3 { ,.4Y' r 4!, '' tfa .r. a 9 fi�y; R � - . ssY 4 X P '- :�-, +� a A_• t# E 4.lis `-y'2 Pfir"6 ri.- _ , 5 4� �g d`#:"1....734.4 i "5 > Y X :� .}nt, } W F'.. ,f' i r - tt•••. O. O . A4Pt�"3 ' d } , J„ • c�—P ib , a^r • ter` ,�..'p..•q �!. Case No 14-014 Supplemental Appendix Page 34 of 160 Page 197 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUI3C,IARING REM 7A P&2 REGULAR MEETING JUNE 18,2014 0 Q • • I. • • , F � ' . 4 1{" ^ - gq1� e" ' 'a st' x ue z ?, � , '`a,p s L `' � 1. +t o h .s of •4, ai a, c rr a '" . Case No.14-014 Supplemental Appendix Page 35 of 160 Page 198 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • PUBLJ` DARING ITEM 7A P&�1 REGULAR MEETINGIUNE 18,2014 introduced by: Mayo.Selby Requenad by: IRwel,ry and Zoning Commission Crafted by: Community Development Wpenmem Introduced: O601/98 Public liming: 06/18/98 Adopted: 0618188 KODIAK ISLAND BOROUGH ORDINANCE NO. 98-14 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A PORTION OF LOT SIA AND ALL OF LOT S2,U.S. SURVEY 3218 (APPROXIMATELY 11.8 ACRES),E$Qpd I-INDUSTRIAL IQ 8-BUSINESS,AND A FLAG STEM PORTION OF LOT S1B,U.S.SURVEY 3218 (APPROXIMATELY 3,000 SQUARE FEETI EHQM 02-TWO FAMILY RESIDENTIAL IQ EC-BUSINESS 1173 ISLAND LAKE ROAD, 2705 MILL BAY ROAD,AND 2580 COVE DRIVE! WHEREAS, the owner of Lots S1A, SIB and 92, U.S. Survey 3218 has requested this rezone;and WHEREAS, the Planning and Zoning Commission held a public hearing on this request on May 20, 1998; and WHEREAS, the Planning and Zoning Commission has recommended that the Assembly approve this rezone;and WHEREAS, the Planning end Zoning Commission has adopted findings of fact in support of this'recommendation. NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance Is not of general application and shall not be codified. Section 2: The portion of Lot S1A currently zoned I-Industrial and all of Lot S2, U.S. Survey 3218 (approximately 11.8 acres), ere hereby rezoned Sr m I- Industrial 18 8-Buelness; and, Section 3: The flag stem portion of proposed Lot 7, Alegnek Acres, (approximately 3,000 square feet)is hereby rezoned from R2-Two family Residential 12 B-Business. Section 4: This rezone shall become affective upon recording of the final plat for KI8 Planning and Zoning Commission case 998-007. Rossi line eweWe,Abate arobnn No.91.14 No I eu Case No.14,014 Supplemental Appendix Page 36 of 160 Page 199 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #93.0.9. �../„� PU8 ARING ITEM 7A 4- Ci P&t REGULAR MEETING JUNE 18,2010 Section 5: The official zoning map shall be updated to reflect this rezone. Section 8: The findings of fact of the Kodiak Island Borough Planning and Zoning Commission in recommending the approval of this rezone are hereby confirmed as follows: 17.72.020 A. Findings as to thel4eed and Justification for a Change or Amendment, A rezone from I-Industrial to B-Business is needed and justified because the zoning district permits development: A. that is consistent with the emerging commercial/retail character that has evolved in the immediate eras in recent years. Retail and service uses permitted in the B- Business zoning district will be well suited to established uses including the Safeway store,fast food restaurants, a sarviers station,a bank, and an office building. B. that Is less intensive In the range of permitted and conditional uses, thereby reducing potential land use conflicts with established nearby residential uses in Shahafka Acres and Holland Acres. C. that will create one nonconforming use,the existing batch plant adjacent to an established residential neighborhood. However,the rezone will•preclude any future expansion of this industrial activity and will likely be a first step in Its relocation to a more suitable industrial area further from residential neighborhoods. D. that will,in conjunction with the companion subdivision,clean up the existing split lot zoning on these tracts, 17.72.020 B, Andinga as to the Effect a Chance or Amendment would have on the Obiectives of the Comprehensive Plan, An area immediately adjacent to the subject property was specifically designated for shopping center development in the 1988 KIS Comprehensive Plan,which emphasized the desirability of providing as compact a business area as possible. Mao noted in the Comprehensive Plan was the fact that outlying shopping areas need to be located at the confluence of major through traffic routes and that this intersection of main roads was particularly suitable(pages 36-37). A change of zoning from I-Industrial to the B-Business zoning district Is necessary not only because it Is consistent with the original Comprehensive Plan designation of shopping center for this area, but also because it will bring the zoning into conformance with this emerging retail/commercial character of the area. It Is also consistent with the designation of adjacent tracts within the Lakeside Subdivision as Retail Business,which was confirmed in the adoption of the revised Lakeside/Safeway Subarea Plan in September of 1997. *Asir beam smvwM Hata a,m,.,ceno.55.11 Page 2 03 Case No.14.014 Supplemental Appendix Page 37 of 160 Page 200 of 451 Ordinance No, FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUT OARING ITEM 7A P8 REGULAR MEETING JUNE 18,2014 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS EIGHTEENTH DAY OF JUNE, 1998 KODIAK ISLAND BOROUGH • • Je • e M.Selby, B.rouc t • . .. Gary L. Ste ens, Presiding Officer ATTEST: �Q OOtt La. f6au,c t ne F. Smith, CMC/AAE, Borough Clerk Odin bland ism*,Atoka ON6nee Nu.18.14 M1p el3 Cd No.14-014 Supplemental Appendix Page 38 or 160 Page 201 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. JPUBC:)ARING ITEM 2A P&3 REGULAR MEETING JUNE It 2014 L/ ITEM NO. 9.A Kodiak Island Borough Ammonium= anteing of a hne I8, 1998 Ordiamlee No.9&14 ITEM TITLE: An Ordinance rezoning a portion of Lot SLA and all of Lot 52, U.S. Survey 3218 (approximately 11.8 acres) , from I-Industrial to B-Business, and a flag stem portion of Lot SIB, U.S. Survey 3215 (approximately 3,000 square feet) faM R2-Two family Residential to B-Business. SUMMARY STATISM The purpose of this request is to rezone approximately 12 acres of privately owned parcels in proposed Alagnak Acres (within U.S. Survey 3218) from I-Industrial to 8-Business and from R2-Two family residential to 8-Business. This rezone request accompanies a eubdivieion request to replat Tracts S-lA, S-18, and 82, into the eight (8) proposed lots of Alagnak Acres Subdivision (Case 698-007) . A note on Plat 91-45, which split Lot 6-1 into 6-lA and 8-18, prohibits further subdivision of Lots S1-A and 51-B until each has been rezoned into a single, appropriate zoning district. The Commission held a public hearing on this request at their May 2D, 1998 regular meeting. The Commission has recommended that the Kodiak Island Borough Assembly approve this rezone. Findings in support of the Commission's decision are included in the ordinance. The information considered by the Commission in making this recommendation, is attached. FISCAL MOTES IK) N/A Expenditure Account Required -D- General Fund nth APPROVAL. FOR AGENDA; Mayor: Case No.14011 Supplemental Appendix Page 39 of 160 Page 202 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. OPUBU TAXING ITEM 7A �? ` e&.vU(AR MEETIN(yJUr4 18,2014 "aa ti C Y 1� �,j i T.: ! 11La iv W I �q g V W O • # ire*_-...,..-.4*, • 1 1/4 Nor4 ###14744 ese Ifri 44 *sir iitifroct is 4 r1+ l�s ►lam 41,4 il si re,rilir 1#111% e dilc://*/ ',..- -. 1 111 a 101111 n (0 7priL km ita -swig ,.\\71/414r,\sr 1 w t W., 4t i - Il - Case No.14-014 Supplemental Appendix Page 40 or 160 Page 203 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • '�) PUSLi)ARING ITEM 7A f 1 P B�REGULAR MEETING JUNE 18.2014 \\\ Introduced by: Mayer Sdby %gweted by: Planning told Zoning Commlulon Dratted by: Community Devdopmem Deportment Introduced: 08/04/98 Public Hiding: 08/18/98 Adopted; KODIAK ISLAND BOROUGH ORDINANCE NO. 98-14 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A PORTION OF LOT S1A AND ALL OF LOT 52,U.S.SURVEY 3218 (APPROXIMATELY 11.8 ACRESI.EHQM I-INDUSTRIAL fl 8-BUSINESS,AND A FLAG STEM PORTION OF LOT SIB,U.S.SURVEY 3218(APPROXIMATELY 3,000 SQUARE FEET)FROM R2-TWO FAMILY RESIDENTIAL IQ B-BUSINESS 1173 ISLAND LAKE ROAD, 2706 MILL BAY ROAD, AND 2980 COVE DRIVE) WHEREAS, the owner of Lots S1 A, 518 end S2, U.S. Survey 3218 has requested this rezone;and WHEREAS, the Planning and Zoning Commission held a public hearing on this request on May 20, 1998; and WHEREAS, the Planning and Zoning Commission has recommended that the Assembly approve this rezone;and WHEREAS, the Planning and Zoning Commission has adopted findings of tact in support of this recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application end shall not be codified, Section 2: The portion of Lot S1 A currently zoned I-Industrial and all of Lot S2,U.S. Survey 3218 (approximately 11.8 acres), are hereby rezoned from I- Industrial lg B-Business; and, Section 3: The flag stem portion of proposed Lot 7, Alegnak Acres, (approximately 3,000 square feet)is hereby rezoned from R2-Two family Residential to B-Business. Section 4: This rezone shall become effective upon recording of the final plat for KIB Planning and Zoning Commission case 59B-007. Kaiak Wand berpi.AIM, O,dlnu,o Pit 01.14 Pow I of 3 Case No 14-014 Supplemental Appendix Page 41 of 160 Page 204 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. a . PUBV J APING ITEM 7A { 1 P&E REGULAR MEETING JUNE 18,2024 Section 5: The official zoning map shall be updated to reflect this rezone. Section 6: The findings of fact of the Kodiak Island Borough Planning and Zoning Commission in recommending the approval of this rezone are hereby confirmed as follows: 17.72.020 A. Findinos-as to the bleed and Justification for a Chance or Amendment, A rezone from I-Industrial to B-Business Is needed and justified because the zoning district permits development: A. that is consistent with the emerging commercial/retail character that has evolved in the immediate area in recent years. Retail and service uses permitted in the B- Business zoning district will be well suited to established uses Including the Safeway store,fast food restaurants, a service station, a bank,and.an office building. B. that is less intensive in the range of permitted and conditional uses, thereby reducing potential lend use conflicts with established nearby residential uses in Shahafka Acres and Holland Acres. C. that will create one nonconforming use, the existing batch plant adjacent to an established residential neighborhood. However, the rezone will preclude any future expansion of this industrial activity and will likely be a first step in its relocation to a more suitable industrial area further from residential neighborhoods. D. that will,in conjunction with the companion subdivision,clean up the existing split lot zoning on these tracts. 17.72,020 B. Findiegs_as to the Effect a Chance or Amendment would have on the Obiectives of the Comprehensive Plan, An area immediately adjacent to the subject property was specifically designated for shopping center development in the 1968 KIB Comprehensive Plan,which emphasized the desirability of providing as compact a business area as possible. Also noted in the Comprehensive Plan was the fact that outlying shopping areas need to be located at the confluence of major through traffic routes and that this intersection of main roads was particularly suitable(pages 36-37). A change of zoning from I-IndustrIal to the B-Business zoning district is necesEary not only because it is consistent with the original Comprehensive Plan designation of shopping center for this area, but also because it will bring the zoning into conformance with this emerging retail/commercial character of the area. it is also consistent with the designation of adjacent tracts within the Lakeside Subdivision as Retail Business,which was confirmed In the adoption of the revised Lakeside/Safeway Subarea Plan in September of 1997. Kodiak bland av,woh.Alaska Oldham,No.01.14 Pop 2 013 Case No.14.014 Supplemental Appendix Page 42 of 160 Page 205 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • \ PUB OARING REM FA P&VPEGULAR MEETING JUNE 18,2014 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 1998 KODIAK ISLAND BOROUGH Jerome M.Selby,Borough Mayor Gary Stevens, Presiding Officer ATTEST: Donna F. Smith,CMC/AAE, Borough Clerk Kodiak Wind a Wag%..*tats Orr/Nana NL I8,14 Case No.14{714 Supplemental Appendix Page 43 of 160 '3 a!3 Page 206 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. a8j[�U[A*i1�fEfl ��NE CL,�OIa� KODIAK ISLAND BOROUGH BOROUGH ASSEMBLY/CLERK'S OFFICE 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING A public hearing will be held on Thursday. Juan 18. 1998. The meeting will begin 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. 98-14 Rezoning a Portion of Lot 91A and All of Lot S2, U.S, Survey 3218 (Approximately 11.5 Acres) , trQm I-Industrial Lq B-Business, And a Flag Stem Portion of Lot 910, U.S. Survey 3218 (Approximately 3,000 Square Feet) DIM R2-Two Family Residential I B-Business. (173 Island Lake Road, 2705 Mill Bay Road, and 2980 Cove Drive) A map of the area is on the reverse. If you do not wish to testify verbally, you may provide your comments in the apace below and fax to 486-9391 or hand deliver to the office of the Borough Clerk prior to 5;00 o.m, on June 18. 1998. Comments favoring and opposing are encouraged. If you have any questions, please call us at 486-9310. 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AGENDA ITEM #13.C.1. ca, PUBIi.kPRING ITEM 78 _I P&L P&J41E60888 MEETING JUNE 18,70]9 i a Q i 1 n 1 / a n 4 2 1 a 1 tl I i i� :2.21 • h • S w n u n n w n w n ! w u . i i n * e 1 1 n n 7 y a a . r . ; op . . 1 6 - = c E c o G 5g5 a : 11 a � � I, ▪ x@ 2a 9& c1 5 • • • I a o si ns 'a i i 8 a s I" 9 R i - i ii! . i AGENDA ITEM #13.C. 1. y/ ) PUBEQARING ITEM 7A C Pk8 Z REGU W R MEETING JUNE 18,2014 i i : : : E i : S g 8 1 1 1 1 1 1 7 1 6 1 1 o" Q. , e it ° Q R. Li .E :? ! S Igoa 0 ! g g i °f! 1g• CS '° E 1 .11 Y . T . S E E E • I : : :1 1 1 1 1 1 1 G : El E S 5 °V VQ g . 1 �i I1 I1 17 11 11 7 "1 11 ei 1 i7 ii i 1 I i: . El n FA mi RI la a Q C 0 re i e 1 Q iiii HMI 1RI U! 1 ai hl _ 4:: ;" E e Y = : o i i 3 Y • kq s Case No.14-0145upplem-oral Appendix Page 52 of 160 Page 215 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. \ PUBII„SEARING ITEM 7A C P&(REGULAR MEETING TUNE 18,2014 gli Y ig R Y B9 / h 15 15 OR i .@ in 229 • • C S Y Y • F 15 55 E 51 c� a ° 5. C : a ¢ /-I I i 11 id a 'xe e Case No.14-014 Supplemental Appendix Page 53 of 160 Page 216 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUpLL�)APING ITEM 7A P 42 REGULAR MEETING JUNE 18,2014 Peblk Wain Item Vl.9 Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT—MAY 20.19911 Meeting of: May 20,1998 ITEM TITLE: Case 98-014. Request for a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation)of the Borough Code, of a portion of Lot S1A and all of Lot S2,U.S. Survey 3218 from I-Industrial IQ 13-Business(approximately 11.8 acres),and a flagstem portion of Lot SW,U.S.Survey 3218!mm R2 Two family Residential to B-Business (approximately 3,000 square feet). 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive. RECOMMENDED ACTION: As a result of discussion at the packet review worksesslon,staff has proposed some changes to the findings of fact for this recommendation, as indicated in bold below. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of a portion of Lot S1A and all of Lot S2, U.S. Survey 3218 jam [- Industrial$.B-Business(approximately 11.8 acres), and a flag stem portion of Lot SIB, U.S. Survey Awn R2-Two family Residential lQ B-Business (approximately 3,000 square feet), and to adopt the findings of fact in the summary statement dated May 20,1998,in support of this recommendation: A rezone from I-Industrial to B-Business is needed and justified because the zoning district permits development A. that is consistent with emerging commercial/retail character that has evolved in the immediate area in recent years. Retail and service uses permitted in the B-Business zoning district will be well suited to established used including the Safeway store, fast food restaurants,a service station,a bank and an office building. B. that is less intensive in the range of permitted and conditional uses, thereby reducing potential of land use conflicts with established nearby residential uses in Sbahafra Acres and Holland Ames. C. that will create one nonconforming use,the existing batch plant adjacent to an established residential neighborhood. However,the rezone will preclude any future expansion of this industrial activity, and will likely be a first step in its relocation to a more suitable industrial area further from residential neighborhoods. D. that will,in conjunction with the companion subdivision,clean up the existing split lot zoning on these tracts. Case No.14014 Supplemental Appendix Pap 54 of 160 Page 217 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PURL; `ABING ITEM 7A P 8 Z PEEGULAR MEETING JUNE 18,2014 of the Comprehensive Plan An area Immediately adjacent to the subject, property was specifically designated for shopping center development In the 1968 KID Comprehensive Plan,which emphasized the desirability of providing as compact • business area as possible, Also noted In the Comprehensive Plan was the fact that outlying shopping areas need to be located at the confluence of major through baffle routes and that this iateneedon of main roads was particularly suitable(pages 36-37). A change of zoning from I•Induatriai to the B-Business zoning district is necessary not only because it is consistent with the original Comprehensive Plan designation of ahopping center for this area but also because it will bring the zoning into conformance with this emerging retail/commercial character of the area It is also consistent with designation of adjacent tracts within the Lakeside Subdivision as Retail Business,which was confirmed in the adoption of the revisal Lakeside/Safeway Subarea Plan in September of 1997- Case No,14-014 Supplemental Appendi.Page 55 of 160 Page 218 of 451 Ordinance No. FY2015-04 Amending (he 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUB'U/(�Y)ARING ITEM 7A y P a *EGULAR MEETING JUNE 18.7014 IOAlie Nearing Iry Vl-a Kodiak Island Borough Planning and Zoning Commission SIBNMARY STATE.MRNT—MAY 3i.1998 Meeting of: May 20,1998 . . ITEM TITLE: Case 98-014. Request for a rezone, in accordance with Section 17.72.030.0 (Mama of Initiation)of the Borough Code, of a portion of Lot S1A and all of Lot 52, U.S. Survey 3218 fimm 1-Industrial to B•Busmess(approahnately 11.8 sera),and a flagstem portion of Lot SIR,U.S.Survey 3218 km R2-Two family Residential to B-Business (approximately 3,000 square feet). 2705 Mill Bay Road, 173 Island Lake Road,and 2980 Cove Drive. RECOMMENDED ACTION: Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION: Move to rco®end that the Kodiak Island Borough Assembly approve the rezoning of a portico of Lot SMA and all of Lot S2, US. Survey 3218 from 1- Industrial in B-Business (approximately 11.8 acres), and a Bag stem portion of Lot SIB, US. Survey /cm R2-Two family Residential to B-Business (approximately 3,000 square feet), and to adopt the findings of fact in the staff report dated April 28,1998,in support of this recommendation Cafe No.14-014 Supplemental Appenaie Page 56 at 160 Page 219 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PU8LC ARING ITEM 7A P&4REGULAR MEETING TUNE 18,2014 Palk Nmva Roo VI-B Kodiak Island Borough MEMORANDUM DATE: April 98 Planning Planning and Zoning Cammiasioo FROM: Community Development Department SUBJECT: Information for the May 20,1998 Regular Meeting CASE: 98-014 APPLICANT: Brechan Enterprises,Inc AGENT: Bill Oliver REQUEST: A rezone,in accordance with Section 17.72.030.0(Manner of Initiation) of the Borough Code, of a portion of Lot SIA and all of Lot S2, U.S. Survey 3218 nom 1-Indvstial Ig B-Business(approximately 11.8 eaes), and a flag stem portion of SIB, U.S. Survey form R2-Two family Residential In B-Business(approximately 3,000 square feet). LOCATION: 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive ZONING: I-Industrial end R-2 Two-family Residential. Ninety-seven(97)public bearing notices were distributed on May 5,1998. Date of site visit: April 24, 1998 1. 7neing History; The 1968 Comprehensive Plan identifies this area as Residential- UnclaotHed. In 1978,Tract S-2 was rezoned torn Unclassified to Industrial by Ordinance 78.14-0. Tract 5-1 was rezoned from Unclassified to RR-Rural Residential by Ordinance 80-9-0. It was than rezoned to RRI Rural Residential One by Ordinance 83-15-0, and further rezoned to R-2 Two Family Residential, B-Business and I-Industrial by Ordinance 86-37-0 in 1986. 2. Lot Size: Area of rezone is approximately 11.8 acres. 3. Existing ExitinalmiLlms, Batch plant,office,outdoor equipment storage, four shop buildings,and a warehouse Case No.14-014 Supplernr,ir Aopendiz Page 57 of ISO Cam 91414 r.alof/ aaz Mry14.199r Page 220 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. k D. Pall DARING ITEM 7A lam I P&4REG IRA R MEETING JUNE 18,1014 rvsuc Su Item n-B 4. Sunnondinglnmd Use end Zoning: North: Blocks 1 and 2,Shahatka Acres Subdivision Use: Residential Zoning: R-2 West: Tracts S-5A-1 and S-4A-1 C,US.Survey 3218 Use; Safeway Store(Tr.S-5A-1)and fast food restaurant(Tr.5- 4A-IC) Zoning: B-Business East Lots IA, lB-I, 1B-2 and 2A, Block t and Lots 1-3, Black 2, Holland Acres Subdivision. Use: Lot 1A is business/residence;Lot 18.1 is a duplex;Lot lB- 2 is a bi nesshesidence; Lot 2A L residential/business; Lots I-3,Block 2 area church Zoning; Block 1 is B-Business;Block 2 is R2. South: Tract T-IA,U.S.Survey 3218 Use: School;church;rectory;convent Zoning: R2 5. Comprehensive PIS; The 1968 Comprehensive Plan depicts this area as medium density residmtiaL 6. Applicable Reaulationa: The following sections of Title 17(Zoning)of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request 17.72.030 Ma_:-.of initiminry Chagos in this tide may be initiated in the following manner: A. The borough assembly upon its own motion; B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office,be sccompanied by the required fee and such data and information as may be necessary to mama the Mess practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 17.12.055...Sithroinisalassobly. 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 shell not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly,the assembly shall set in accordance Case No,14.014 Supplemental Appendix Page 59 or 160 Cue 91-1114 Pin ler9 Pa Z May 10.1991 Page 221 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C. 1. PUBLI�)APING ITEM 7A P R EvEGULAP MEETINGIUNE 18,2014 Public Helens hum V14B with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough cleric 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. COASTAL MANAGEMENT APPLICABLE POLICIES CommerciaNndustrial Development 1. Natural Fntt_ro Dredge mod fill, excavation, shoreline alteration and disturbance of anadromeus streams, tideless end wetlands shall be minimized when constructing and operating port, harbor, dock, business and mazy facilities if permitted under applicable regulations. Consistent Not applicable. This action does not involve dredge,fill or excavation along the shoreline or disturbance of anadromous streams 2. Natural Setting Views and Agcn Development shall be conducted in a manna that mitigates adverse impacts upon the Kodiak Archipel ago;developers shall provide opportunities for public access to the shoreline and scenic views,to the extent feasible and prudent Consistent Not applicable. This is a long established industrial area far from the shoreline and scenic views. 3. Dredge anal Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Costal Development) and 6 AAC 80.110 (MIne al and Mining Processing). Dredge spoil may be utilized in sharuide landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent Not applicable. This action does not involve dredging and fill along the shoreline or processing of minerals. 4. Faculty Design Case No,14.014 Supplemental Appendix Page 59 of 160 C e 99014 Page 3 of P•r:May rn 1991 Page 222 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. l 1 P • URL BRING ITEM 7A P& REGULAR MEETING JUNE 18,2014 Public Hexing hem VbB • Developments in or over the water,such as piers,docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality,fish,wildlife and vegetative resources and minimizes interruption of water circulation patterns,coastal processes and navigation. Consistent: Not applicable. This action does not involve development in or over the water. 5. Buffer ones . Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation mutes and between business development and adjacent,non-business properties in order to minimize conflicts between land uses. Consistent: Buffering is provided in some measure between established industrial zoning and uses and the residential properties across Cove Drive and Island Lake Road. 6. AGCtlaw Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing,open air storage,waste storage, treatment or storm runoff control facilities or utilities. Consistent: Not applicable. This action does not involve accessory development along the shoreline. 7. Wetlands Filling and drainage of water bodies,floodways,backahores or natural wetlands shall be consistent with ACM?Standards 6 AAC 80.070(Energy Facilities)and 6 AAC 80.130(Habitats). Consistent Not applicable. This action does not involve fill or drainage of water bodies,floodways,backsbores or natural wetlands. Case No.14-014 Supplemental Appendix Page 60 of 160 Cue 94014 Pep 4 9f9 P&L May 20,1991 Page 223 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBL./i-[' ARING ITEM 7A P 8 d REGULAR MEETING JUNE 18,2014 Public Name Ilan V146 COMMENTS The purpose of this request is to investigate the possible rezone of approrimarely 11.8 acres of property consisting of Tract 5.2 and a portion of Tract S-1 A,U.S.Survey 3218 from I-Industrial to B-Business. The rezone request accompanies a subdivision request to septet these two tracts, along with Tract S-1B,into the eight(8)proposed lots of Alagnak Acre.Subdivision. A note on Plat 91-45,which split Lot S-I into S-1A and S-1B,prohibits further subdivision of Lets SI-A and SI-B until each has been rezoned into a single,appropriate zoning district Presently a one hundred(100)foot deep strip of Tracts 5-IA and S-18 along Cove Drive and Island Lake Road north of the Melnitsa Lane interned=is zoned 112 Two-family ResidentiaL The R2 zoning will remain with the exception of a thirty(30)foot wide portion adjacent to Cove Drive which will become the ilagstem of proposed Lot 2 and is included in the roe request to Et-Business. In addition to permitting all uses permitted in the B-Business district,the I-Industrial zoning district-also permits some much more intensive uses, such as junkyards, paint shops, rock crushers, seafood processing,coal storage yards, assembly and manufacturing,welding shops, dyeing plants,motor freight terminals and slaughter houses. Rezoning to the potentially less intensive B-Business zoning district would be consistent with the retail business designation of adjacent commercial tracts within the Lakeside Subdivision /Safeway Subarea Plan. It is consistent as well with cammerciaUn+ail development that has evolved in the immediate area in recent years including the Safeway store,fast food restaurants,a service station,a bank and an office building A concrete batch plant has operated an proposed Lot 7 since a special exception was issued for its use in 1966(Case 939). In 1987 CUP and variance requests(Cam 84-069)were granted by the Commission pennitriag erection of a sixty (60) foot high silo staring lime for cement manufacturing within fifty(50)feet of the RI Single-family Residential zoning district With a rezone to B-Business, the concrete manufacture operation consisting of the storage silos and batch plant will become a nonconforming use ineligible for further expansion. Discontinuation of this use for more than one(1)year would extinguish the associated"grandfather"right In 1991,a CUP(Case 91-024)was granted for the sixty by one bathed and sixty foot(60' x 160')warehouse on Tract S-1B (proposed Lot 2). The zoning of this lot at that time was B- Business and is intended to remain so. That CUP.also incorporated approval of a twenty(20) foot wide buffer strip with sight obscuring fencing or vegetation six(6)feet high to screen the commercial warehouse from neighboring residential uses in Shaha9 n Acres. . Proposed Lot 8 contain,an established office building. The zoning of this lot would be changed from I-Industrial to B-Business,bra office is a permitted use in both districts. Care NO 14-014 Supplemental Appendix Page 6101 RIO Cosa 91-014 hp l off P•Z:May 20.1991 Page 224 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. I 1 PUBLi 'ARING ITEM]A YV'} P&Z[REGULAR MEETING JUNE 18,2014 rate Hearing hem V1.13 While these tracts being considered for rezone as well as replat are not within the immediate boundaries of the Lakeside Subdivision/Safeway Subarea Plan,they are easily within the sphere of the developing commercial retail node that has characterized development in this area over the past ten(10) years. With rezone to Business zoning, and the distinct possibility that such a rezone may lead to large scale retail development, consideration must be given to impacts of parking areas on adjacent land uses and public transportation routes regarding aspects of traffic safety and circulation. The only point of entry to the large seven we tract(proposed Lot 5)is a sixty(60)that wide flagstem onto Mill Bay Road,owned by the City of Kodiak,approximately two hundred(200) feet south of its intersection with Island Lake Road. This flagatem should also be designated as an access and utility easement for Lot 6. Because proposed Lot 5 has been identified as the most likely location for large scale,single project retail development with a large parking area heavily trafficked at times, the City has indicated that a traffic impact analysis may be required at time of building permit issuance. Concern has also been expressed about the safety implications of greatly increased traffic in this area busy at certain tunes of the year with walking school children Concern has been expressed about drainage on the residential properties in Block 2 of Shahafka Acres immediately behind the proposed rezone area. This appears to be remnant from development activity over the years as there is clearly a pond shown on air photos and plats dating back to the 4960's and 1970's. The City of Kodiak Public Works Department has indicated that drainage from this area will have to flow north since the storm drain system in Mill Bay Road is probably too high. Should the Commission determine that conditions of approval related to potential impacts on drainage are appropriate, they should be applied to preliminary plat approval in the associated subdivision case(S98-007). Issues to be considered in evaluating this rezone request include comfntmance with the comprehensive plan,land suitability,recent development trends in the area,and traffic impacts including adequate access and offstreet parking. CONFORMANCE WITH THE COMPREHENSIVE PLAN: • The 1968 KID Comprehensive Plan indicates that this area is predominantly medium density residential,with some public land. As was noted in the staff report for Case 86-038,the 1968 Comprehensive Plan as it applies to this area is essentially outdated. The evolution into I- Industrial was spurred principally by development of the concrete manufacturing plant and related activity in the 1960's and 1970's. The compatibility of existing and potential industrial uses with nearby residential neighborhoods in Shaha(ka Acres and Holland Acres has always been a concern. A rezone now to 13-Business Case No.14-014 Supplemental Appendix Page 62 of 160 C=910I4 Pqe 6 of P&L May 20,1991 Page 225 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBL'r{FARING ITEM JA v i P 8,2 R`GUTAR AIEETINGJUNE 18,1014 ?Mk Verna Imo 1/513 would remove the specter of potential fume heavy industrial development and thereby remove the possibility of those conflicts. This is probably desirable and in the public interest. It is also consistent with designation of adjacent tracts within the Lakeside Subdivision as Retail Business, which was confirm' onfirmed in the adoption of the revised plan in September of 1997. ZONING/USE: Of the two principal existing uses in the rezone area,one,the office building on proposed Lots, is consistent with B-Business zoning. The other, a concrete belch pleat, to industrial in name and would become a nonconforming us with rezone to B-Business. There are otherwise a number of shops of varying sizes, along with extensive outdoor storage of construction equipment and materials and fishing gear,on proposed Lot 5. These uses could be permitted as well in the 13-Business zoning district, although the understanding is that this lot will be made vacmt anticipating other future development Proposed Lot 2,coutaimng a large warehouse,will remain zoned B-Business,as presently,and that use will continue as a conditionally permitted tare. LAND SUITABILITY A rezone from I-Industrial to B-Business will reduce potential intensity of use and is more in keeping with the emerging retail character and focus of this area The area is graded and has been uses fora number of years for various industrial and commrtial uses,including extensive outdoor storage. Drainage has been established and is unlikely in change with commercial development However,covering large areas with an impervious surface such as asphalt,a likely prospect with large-scale retail development,may warrant a reevaluation of drainage. There are water and sewer distribution lines located in bland Lake Road to serve proposed Lots 1-4. The water service line terminates at the fire hydrant at the intersection. Otherwise water and sewer service lines in KU Bay Road can serum Loh 5.8. Major road improvements have been completed to MB Bay Road ss the last couple of Years and are presently underway rm Murphy Way. RECENT DEVELOPMENT TRENDS IN TILE AREA: A number of remit and service oriented businesses,including fast-food resteraente and a bunk, have been established in the immediate area in recent years. TRAFFIC IMPACTS: It appears that greatest traffic impacts will be concentrated along Mill Bay Road a couple hundred feet south of its intersection with Island Lake Road. Mill Bay Road is City owned and the City of Kodiak has indicated that high density or use development on proposed Lots 5 or 5 Case No.14.014 Supplemental Appends.Page 63 al 150 rti..MI. Pap 7or9 P a Z:May Z0.199e Page 226 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. y PUBLC)ARING ITEM 7A 1 P&Z(GUI.AR MEETING JUNE 18,2014 Public Raring Itmvl•a would generate a request for a traffic impact study in Ole area prior to issuance of a driveway permit. . Major road improvements were completed to Mill Bay Road two years ago and are presently underway on Murphy Way,with completion projected for this FaIL 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 the rezoning of a portion of Lot S1A and all of Lot 52,U.S. Survey 3218 from I- Industrial 14 B-Business(approximately 11.8 acres), and a flag stern portion of Lot SIB, U.S. Survey fan R2-Two family Residential to B-Business (approximately 3,000 square feet),and to adopt the findings of fact in the staff report dated April 28,•1998,in support of this recommendation FINDINGS OF FACT 17.72.020 A. Findinn as to F Need nd T stification for a Change or Amendment. A rezone from I-Industrial to 13-Business is needed and justified because the zoning district permits development A. that is consistent with emerging commerciallretail character that has evolved in the immediate area in recent years. Retail and service uses permitted in the B-Business zoning district will be well suited to established used including the Safeway store, fast food restaurants,a service station,a bank and an office building. B. that is less intensive in the range of permitted and conditional uses, thereby reducing potential of land use conflicts with established nearby residential uses in Shoham Acres and Holland Acres. C. that will create one nonconforming use,the existing batch plant adjacent to an established residential neighborhood. However,the rezone will preclude any future expansion of this industrial activity, and will likely be a first step in its relocation to a more suitable industrial area further from residential neighborhoods. 1). that will,in conjunction with the companion subdivision,clean up the existing split lot zoning on these tracts. Case No.14-014 Supplemental Appendix Page 64 of 160 -..uuniu rue ler9 P a Z Mur 20,1991 Page 227 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. (,,,f PURLERRING ITEM 7A U P&2RE ULAR MEETING JUNE 18,2014 Public Haulm I,n V1•a I t • n+. • 41 it-e + tin+ .,,CN U.7• 11 • •. • h'_, of the C011 m t enilianan*. A change of zoning from I•Industrial to the B-Business zoning district is necessary because it will bring the zoning into conformance with this emerging retaillcommercial character of the area. It is also consistent with designation of adjacent tracts within the IAkP9ide Subdivision as Retail Business,which was confirmed in the adoption of the revised Lakeside/Safeway Subarea Plan in September of 1997, . Case No.14-014 Supplemental Appendix Page 65 01160 Cue 91-011 hi.909 P&Z May 20,1998 Page 228 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. e21':-GcLAII JAMIE 1110,8 18,2019 • a :..s 7 : 400:0 t I I ite Cg A : IIIPA‘10- voacIss\44,47;1-Pststitt waits; 44p.:4\Aitt xx, "all : raiz vvis-...,%... s ark::;.-7.41/41-; 0 ' Iplat*: .-\ ::,,,olor."5.4' . 0% 7\ it ii:,„ . TA, i 0 71) --e‘ts: ' " ikt Itiiik i .,,,, d 0, .,.....+ ,,.. 4„,,, .. ‘ 8 in itaildie ‘-') LS I 1110, { 1 Ica 4 - , mittaissili jr / g-t. • Itiltrt." ,. um / 1 IPS GA Lagraftkag \IS: ; e *. "----Pis 7-4,;"(_ ; '4"4" Case No.14.014 Supelasplio6 of 4?a Page 229 of 451 Ordinance No. FY2O15-04 Amending the 2808 Comprehensive Land... AGENDA ITEM #13.C.1. ' or, PUB Li. ARING ITEM 7A • (,4afl1 --i" -..P&Z FEGULAR MEET�yT IUNE 18 2614 ; 410„ .# " I. ,,, A i I W a g MAiti'. ...' . 6 '*' . . - , �� i ,,,,, OWQ a. �_ U s sl '.e'711t a8S Wre' . j J Asoe: (804%-141104r:iiost, ;Ties. ** 4,1: - Art Mit velatiti PY - N.,;::3,- \--e ,..,„,rdp,(IV_ LANVIN -.4,4\1016a \ 4<424PASH<Isi 711 „IL0 . \yet 131 . , � , .it b / .%:%\,,,,,,I1 j f/ i fl 1 G , citei isloticallik 00 ; 0 iii\ ei Ili �V1d e, .me iicti �'+ M s ._11 7i tr,1',--, N,N, 1 / 41. / Ott' P r\C\\_ 4 4s410, 1t7 - a * 5 - Case No.14-014 Supplemental Appendix Page 67 of + . Page 230 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. O^'` P U BLIL.)ARING ITEM 7A P&2EEGULAR MEETING TUNE 16 2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 Public Hearing Item VI-B PUBLIC HEARING NOTICE A public herring will be held on Wednesday,May 20, 1998. The meeting will begin at 7:30 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 914010. Ramat for a serene,in accordance with Section 17.72.030.0 Rrg R (Maurer of lnidation)of the Borough Coda,of a t9 portion of Lot SIA and all of 1pp i cif/ IS o R Lot S2,U.S.Survey 3218 from I-Industrial la&Business(approximately. ° )� family and a Bial B pennon Of(Lot SIB,ely 000 square are 3218 Gam R2-Two I 2 family Residential m&Burrow(approaimaely 3,000 aquae fat). 2705 MM _I Il LJ Bay Road,173 Wind Lake Reed.and 1980 Cove Drive. — WItlOtlro c u � ' This notice Is being sent to you becalms our records indicate you an a property owner m the area of the request u you do not wish to testify verbally,you may provide your comments In the space below,or in a lever to the Conni_ty Development Department Our to the meeting. If you would Wm to fax yam comments to us,our fax number is:(907)486.9376, U you would like to testify vla telephone,please call In your comments during the appropriate public bearing section of the mating. The Weal call-la telephone number Is 486.3132, The toll free telephone number Is 1-800-478-5736. One week prim to the regular meeting,on Wednesday,May 13,1998 a work session will be held at 730 pm W the Kodiak Island Borough Conference Room(8121),to review the packet material for the re. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision an this request If you ham any questions about the request or your appeal rights,please feel free to call m at 486-9361.� Cie L 4 /� vetr Mane.i Altair I T C eau0.N Many Addree,131) rlrlaAQ'fr.rl ate' Veer progeny dee)lpre L.or LIA �l CeweeoC /here ,5 n ben:na P arin 0.w) to aft p�a.7F`� o., J If7P4.JPV„ /..i-c 7A//.2.,R an. SI . 7-P r nSAit 7m,k S is repnned) a.4 devP�ptoA oS QA43n.s ei511 I wAAok1& rP 4Pt�/I1 1�a t Oren_ � infra,CPrQ lenriga 1.(p uil4 e. 4 J ee+iorx n f 14a,fk l/}IRhIS 1 OPPa Icce4PA/�o# 4er ✓sea• SIC 4A-2R 0AA w. 7 .Silo..' yrotcra1/ 1��.,./n.�)a-P.O tin(/^uea•/a.e4 ((Pate 4n Lnun 4.r iAa_RPp '1rea_ rrleca arm 4 anr! rAre1rheaP Avyn1 Y 4 an`ttr /loused/a% 41+.,1 xd el/1/r.l Q'f'ertn.eurk idct.ffuw. PcWILi end/,cid 7.4. .51.2 SL 444:s AsaJ∎natcj !r5 in nc.et-Q n4G1Par.:nag o.. 1Qradin©. till eannin Case No.14-014 Supplemental Appendix Page 68 of 160 Page 231 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C1. min 0 "A 0147 5022 2trrC TCL >e�^01f NG ITEM/A r, 0 _ P&ZZZ11LLFEuLAA MEFf111G JUNE 18,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MITI Bay Rad,%Mlik,Abdo P901$ PWUC Magog 1¢m VI•B PUBLIC NEARING NOTICE • A public boning twill be held m W.'7* y ' n m •1 1 . • 0 m p.m. in the Borough Atvembly Chnnb . '�10 Mill Rat Kodak, A111t2, di- 'Kodiak Wend Borough Plums and Toning Conmiiliioa,to lieu cammmq, If Iny. Ott the fnllowinst reoung Cw ad14 loran the•WWI.In.aodma wish Reerkn 17.77D30L l 0' IS C E�ii (Manor.faBWla)ofduEwa*Cob,at apmdm of tor RlA and dt.af 1`LJIIU(1 Lot 12,us gamy 7711 Imo 1-I.Aunl.l a e-Etrate(appe®mrwl7 I I -$EBB aaew),sod.Iris yenta of Cm 610. It lawy 3111 f=o 11,1-Two Amoy natal m U- aM..(y naflY 3,000 Ron OS 7703 Bay Lag 177 Wad li Bawd,ad 2910 Cv.Mtn • ... 7-'�' .,' r w.ILa� ibl.bode Ls 6og!eat to you bream our wow*Slam yeti ur.9+a9uty oven to A.na of ma area[ tr you do in wih t0 witty Teddy,you ray you ev®on•to Ito.pea Slow,ale.I.r.m the Comwary 0inlgcd I.putmem AS re Oa smog. Urn would It 10 ••your moron w a our An *On in(907)416-9376,Una meld Ida to toly Kt Septum,plpu WI In yea mime*Mg mo epj.aprt •poIBe lost=too of tb ioallw TIN Ind an-lo ®he b 4469u31, no ear boa(*plc NSW b 1-C047177)1. Rae wtlaa to le nnkr aeetleg,ea Wethadry,May 13,IRO work=Ion nth be bdd at 730 pm In to India khad Bmougb Cc:enra A®(0131),to rrrlw the pucka wtnid Poe the Mk talk Ialmd Borough Co*wovf6a Yea with gas&N9d ra if Yen luPa wit W Crmmloion *Sinn nu thl.moat. If you km sly g tnd=door the moat or you appeal rlgho,plwa Ml tree to all oa d W64761 r_p._, A110-,r--Z..:.rntw Warn/--, fCS-t. l5-Batt A:tt4i ,ate.. 40 Case No.14.014 Supplemental Appendix Page 69 of 160 Page 232 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. a �PUBIL°.SARI NG REM 7A 0 P&t RpltAR MEETING JUNE 18,2019 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MW Bay Road,Kodiak,Alaska 99615 Public Hearing Item VI-13 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,May 20, 19*8. The meeting will begin at 730 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 98-014. Request fora ranee,in accordance with Section 1732.030.0 F (Hun (Manner of initiation)of the Borough Code,of a pardon of Lot SIA and all of D I Lot S2,US.Survey 3218 from f fodasbiil in 13-Business(approxi®(ely 11.8 1I aces),od a Masten portion of Lot SIB,U.S.Suety 3213 from 92-Too lowly Residential Ia B-Business(approtimstely 3,000 square feet). 2705 Mill Bay Rod,173 kletid Lake Road,and 2980 Cove Drive- GOYA: �, ;,tom This-notice is being sent to you because our records indicate you are a property tamer in the area of the request If you do not wish to testify verbally,you way provide your comments in the space below,or in a letter to the Conimmnity Development Department Our to the meeting. If you would Ile to fax your comments to us,our fu number is:(907)486-9376. If you would like to testify W telephone,plena all In your comments'daring the appropriate public hearing section of the meeting. The local call-In telephone number Is 486.3231. The toll free telephone number Is 1-800.178.5736. One week prior to the regular meeting,on Wednesday,May 13,1998 a work session will be held at 7:30 pm in the Kodiak bland Borough Conference Room(8121),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rigt. if you disagree with the Commission's decision on this request If you have any questions about the request or you appeal rights,piece feel fine to all us m486-9361�q7/ / �JG vew Nammj hrls •fh/�dr/ /� asam.a amr�..Wq..1//IAin4 7(5iY/P. v.ar pnpwp dmlgbat ,An/..7/7 '/1/7/46,a Centaur 7'hp /ss/ie A I aM, n/rn.Mn9r An 11 rt/n-c 1,PAr111n/ ,,-)/"PA purply 4n//,5y .0,3 47 Mannl /Ao{441 thet-11 AI /A, ode --Zs'd finulp/Mr S cam /14A,ernP,/ _p/vru/ IMO ,//.J. ,/ ,,,,/ II'40.2.. //J Me s/rr/ 4nnfr r �»S/,arnpolnly e s 4/ Ann APMOJ7 &. n /7",),;9 eJJrnand to 1iJele r 1/✓. S /)Azei/hnie 1st, de e AXi'. ` rAn.s/40a!im n/'44.1 fines Alin-Aed. • Case No.14-014 Supplemental Appendix Page 70 of 160 Page 233 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUEILI TEARING REM 7A C l P&glIEGULAR MEETING JUNE It 2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak Alaska 99615 Public Hearin&Item VI•B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,May 20,1999. 'fie meeting will begin at 7:30 p.m. in the Borough Assembly C'hambem, 710 hill Bay Road, Kodiak, Alaska before the Kodiak Ielaud Borough Planning and Zoning Commission, to bear comments, if any, on the following request: Cue 98.14. Request fan a raone, b accordance with Section 17.72030.0 to rE Q ryt ^ (Manner of tahiadoo)of the Borough Code,of a porcine of Lot SIA Lod ail of l� t� lY I1 Let S2,US.Surrey 3218 Barn ldadaq>ol m 13-Bad (approxinnielt 11.8 arm), and a Baptism portion of Lot SIB,U.S.Barry 3I18 foam RI-No ."'r-8 ScfS family Re idembl In B-Bamma(approximately 3,000 upon feel). 2705 M01 Bay Road,173 Island Lake Road,and 2980 Cove Drive. � I •T,:Rr ry, ,`. , This rice is beta;am m you b= a as recalls mdlws you arc a property owwer in the me o request II'—. you do rat wish to testify venally,you mu pavida yam mr®eea In the apue below,or to a boa to the Comnnaity Development Depar®eat pint to doe meeting. If you would Ike to fa your co=ts to ua,am far inutinI:(907)486-9376. U you would®a to testify Ha tdphona,please call In year comments dating the appeoprtate poblle hearing union of the tooting. The local call-In telephone cumber b 186.7171. The toll free telephone number b t-00-178.5776. One week prim to the re&utu modng.an WeddoeadaY,May 13,1998 a work aeuloo will be held at 7:0 p.m.In the Kodak bland Bomugh Conference Room(8121),to miew the packet material for the cue. Kodiak Island Borough Cade p ervides you with specific appeal tights if you disagree with the Commission's decision on this remelt If yoo have any quern=about the raper at your appal rights.please lid bee to rail an at 486-9362. `�7 I Cif& Year Nuts`A:A I lie MASS Mars egoo - I'-, _owl rv l f , f r • 1 1.1""P" -eitenrotreg 1111rilft t(I 11 , its a :\t1_�t�a'{,B alL0'� _a�.,ntp_l I LP 1 , t r (_' D.,� crno-, Anici t otra inn a.U'� �j � Lt/,� �Ik' 'err (lint,bid a Mo Ulan" -Ti'd i' �.Q ri.,. r+ ntT city. . r 0-ta Li K.l lar _, �! ` t�t�11 w1 Case No.14-0 1a Supplemental Appentlir Page 71 of 160 G � �.611 h ,C aln Page 234 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLI`.1EAILING ITEM 7A P& REGULAR MEETING JUNE 18,2014 Public Works Department 2410 Mill Bay Road ' } 1, Kodiak,Alaska 99615 :r } 907.486.8060 907-486-8066(fax) TO: Eileen Probasco,Community Development Department Secretary FROM: John Sullivan,Public Works Ditec DATE: May 6, 1998 SUBJECT: Plat review-Case 598-007 There are no water or sewer stub outs from Mill Bay Road to serve the proposed lots 5 and 6. High density or use development on lots 5 or 6 will generate a request for a traffic impact study in this area prior to the issuance of a driveway permit The storm drain system in Mill Bay Road is probable too high to handle drainage from this area It appears that the drainage will need to flow in a northerly direction. p C Li p F. D 111.1- , -6199H CiOFn EMPMW WPD005buaMM a5'5940a,.WPn LFIKTMENT Case No.14-014 Supplemental Appendix Page 72 of 160 Page 235 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. PUBLIi MFARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 EODIAN ISLAND BDNOOGR ORDINANCE I . 86-37-0 AN ORDINANCE OF DUE KODIAK ISLAND B0R000R ASSENBLT REWNSNO TRACT 5-1, U.S. SURVEY 3218 FROM MI TO 1/2, BUSINESS AND INDUSTRIAL. The Rodiak Inland Borough Assembly hereby ordains that: Section I: A Portion of tract 5-1, U.S. Survey 3218, specifically Lots 1 through 7, Block 1, Bracken Subdivision Preliminary Plat (Cate S-Bd-Oil, dated April 18, 1986) are rezoned from MI—Rural Residential One to 1.2—Dw-Faaily Residential; and a Portion of Tract 5-1, U.S. Survey 3218, specifically Lots I through 7, Block 2. Statham Subdivision Preliminary Plat (Cana 5-86411, dated April 18, IPBS) ate rezoned fro*Ill—Rural Residential One to B--Bueineee; and a Portion of Tract 5-1, U.S. Survey 3218, ,pacifically Tract SI-B, Reaches Subdivision Preliminary Plat (Cast S-86-611, dated April I8, 1986), generally north of an extension of BeSaits* Lane, fa rezoned trod 8g1—Rural Residential One to 8—Busmen.; end a Portion of Tract S-1. U.S. Survey 3218, specifically Tract 51-A, Beechen Subdivision Preliminary Plat (Case 5-86-011, dated April IR, 1906), generally south of an extension of Nelntto* tans, is rezoned f eon RBI--Rural Residential One to 1—lnduetrial. Section 2e The official zoning nap shall be updated to reflect this tenoning. Section 3; This ordinance shell be in full force and effect upon passege sod adoption. PASIID AND APPROVED MI5 a DAY OP September , 1986. KODIAR ISLAM 8080008 IT Jaren* Silky, Borough h Mayor • T en r(Dou waits, Presiding Officer ar 8 BE a CRAG.. Gaye 'au" , Baroug. CLOT First Seeding. Approval Date: August 7, 1086 Second Beading. Public nearing. Approval Date: semteeker a I986 Case NJIIN NICE 86;]7-0 ntal Appendix Page 73 of 160 PAGE t OF 2 Page 236 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC EARING ITEM 7A P 8 Z REGULAR MEETING JUNE 18,2014 Effective Date: September 4, 1986 ;1 DISTRIMFT10N LIST: '!Cvemoity Development Department Menelnu Department Enflaming Department • • i! • ii ii Casg No.14-014 Supplemental Appendix Page 74 of 160 .1 ORDINANCE 86-37-0 PAGE 2 OP 2 Page 237 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLU HEARING ITEM 74 r) "1 7 I 3 i S P&2 REGULAR MEETING JUNE IR,2034 KODIAK ISLAND BOROUGH ORDINANCE ND. 83-15-0 Ak ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY DELETING CHAPTER 17.12, RURAL RESIDENTIAL ZONES. AND ENACTING CHAPTER 17.17, RURAL RESIDENTIAL DISTRICT. The Kodiak Island Borough Assembly hereby ordains that: SECTION 1; Chapter 17.12, Rural Residential zones, is repealed in Its entirety. SECTION 2: Chapter 17.17. Rural Residential District, is created to read ss fences: CHAPTER 17.17 RRI -RURACRE57DEATEXC DISTRICT SECTIONS; 17.17.010 Description and Intent 17.17.020 Permitted Uses 17.17.030 Conditional Uses 17.17.040 Area Requirements 11.17.050 Yards 17.17.060 Building Height Limits 17.17,010 Description and Intent. The Rural Residential District Is established as a land use district for large lot, low density, residential and ' general agricultural purposes. For the Rural Residential District, in prorating the general purposes of this-Title, the specific intentions of this Chapter ere: A. To encourage the continued use of land for law density residential and general agricultural purposes; 8. To prohibit ccamrcial and industrial land uses; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of the Chapter; and D. To discourage land uses %filth, because of their character or site,would create unusual requirements and costs for public services. 17.17.020 Permitted Uses. The following land uses are permitted in the 1 Rural Residential District: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; 0. Fishing activities when an o mer-occupied dwelling is present on the premises; E. Greenhouses; F. Horticultural buildings and activities; and G. Single family dwellings. 17.17.030 Conditional Uses. The following land uses may be allowed by obtaining a conditional use permit from the Planning and Zoning Commission: Case No.14-014 Supplemental Appendix Page 75 of 150 Page 238 of 451 Ordinance No FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLIL.rEaRING ITEM 7A 3 0 9 9 1 7 3 1 3 7 P&2 REGULAR MEETING JUNE 18,2014 A. Hose occupations; and B. Fireworks stands. 1,7.17.040 Area Requirements. A. totem. The minima lot area required is 40,000 square feet. 8. Lot Width. The minima lot width required is 120 feet. 17.17.050 Yards. A. Front Yard. The minivan front yard required is 25 feet. S. Side Yards. The minimum yard required, on each side of a principal building. is ID percent of the lot's width. The minima side yard required on the street side of a corner lot is 25 feet. C. Rear Yard. The minima rear yard required Is 25 percent of the lot's depth But need not exceed 40 feet, 17,17.060 Building height Limits. The wan height of residential buildings shall not exceed 35 feet. SECTION 3; This Ordinance shall be In full force and effect upon passage end adoption, PASSED ANO APPROVED THIS 3rd DAY OF hatch , 1983. YODIAK ISLAND 804011614 BY: roug yor ATTEST: • BY: ;,.f FIRST READING DATE; Febrnry 3, 1983 SECOND READING MO PUBLIC NEARING DATE: March 3, 1983 EFFECTIVE DATE: March 3, 1983 REpiESTED BY: ComnitY Cevelapaent Deparuent Staff PREPARED BY; tansunity Development Daparteent Staff •RECOMMENDATION: Planning Coraission and Cpeanity Development Office retmated epprgYal. Kodiak Inland Borough Ordinance No. 83-15-0 Page 2 Case tic.14.014 Supplemental Appendix Page 76 of 160 Page 239 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #93.0.1. r� PUBtUCHEARING ITEM 7A "- 7.1 P&Z REGULAR MEETING JUNE 18,2014 I .i } i 17. 1 , 1 P KODIAK ISLAND BOROUGH ORDINANCE NO. 80-9-0 AN ORDINANCE RELATING TO CHANGES IN ZONING DEALING WITH UNCLASSIFIED ZONES, WHEREAS, the title is confusing as to the use of the `Land and, WHEREAS, area requirements are unclear in order to ;take a clearer interpretation. • NOW THEREFORE BE IT ORDAINED by the Kodiak Island • Borough Assembly that: Section 1: 17:12 Title Unclassified (U) be changed to read Axel Residential (R-R). • Section 7: (a) All references to (U) be changed to (R-R) in the Borough Gale. (b) AL1 zening maps with areas designated (U) be changed to (R-R). PASSED AND APPROVED this 3rd day of April , 1980.. KODIAK ISLAND BOROUGH 1 i { BY • oroug yor ATTEST: BYBolleGgh 'C i First Reading: March 21, 1980 :Becand Reading, Public Hearing: April 3, 1980 Effective Data: April 3, 1980 as No.14.014 Supplemental Appendix Page 77 of 160 Page 240 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. aPUBLIL,EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 7 n n i ^ 2 7 a n 0, KODIAK ISLAND BOROUGH ORDINANCE NUMBER 78-14-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY _ZONING RACTpS Enterprises s l.Sln33218 3218 UNCLASSIFIED TO INDUSTRIAL B T BE IT ORDAINED by the Kodiak Is land Borough Assembly, that, • SECTION 1, Tract S-2, USS 3218 is hereby rezoned from unclassified to Industrial. PASSED AND APPROVED this 701 day of4enm Zi.) 1973. KODIAK ISLAND BOROUGH t By gig • oraugt ATTEST: sraug le >(/I12G.S FIRST READING MD APPROVAL DATE: August 23, 1978 'SECOND READING, PUBLIC HEARING, PASSAGE DATE: December 7. 1878 EFFECTIVE DATE: December 7, 1978 PREPARED BY PLANNING DEPARTMENT RECOMMENDED BY PLANNING MD ZONING COMMIISSION !I. C se .14-014 Supplemental Appendix Page 78 of 160 Page 241 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLICHEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Q LI ; ;; Kodiak Island Borough . ; ° '/ylr"'+op 710 MILL BAY ROAD r.', I j w KODIAK,ALASKA 99615 6398 May21,1998 Bill Oliver Brechan Enterprises 2705 Mill Bay Road Kodiak,AK 99615 RE: Case 898-007. Request for preliminary approval of the vacation of Lots SIA,SIB and S2,U.S.Survey 3218,and rcplat to Lots 1-8,Alagnak Acres. 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive. Dear Mr.Oliver. The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 20,1998, granted preliminary approval to the request referenced above subject to the following conditions,as well as the requirements of Chapter 1630(Final Plat]of the Borough Code; I. Install a new fence andlor repair the existing fence.The fence shall be six(6)feet high and sight obscuring to separate business uses in proposed Alagnak Acres and all adjacent residentially zoned properties in Block 1 and 2 of Shahan®Acres This condition meets the approval requirement of KJBC 17.21.050.C. 2. Place a mote an the plat stating: "There shall be no access directly from Lot 6 onto Mill Bay Road or Island Lake Road." 3, Designate the sixty (60) foot wide Oagstem of proposed Lot 5 as"access and utility easement for Lot 6." 4. Redesignate the existing thirty(30)foot wide roadway easement covering the southerly portion of proposed Lot 8 as"access and utility easement for Lot 7,"and vacate the approximately 330 feet of existing roadway easement covering a southerly portion of proposed Lot 7. 5. Lighting related to future development may not produce a glare on public highways and neighboring residential properties according to KIBC 17.21.050.8. Once these conditions have been met,please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final"check plat" for this purpose. Once the check plat has been reviewed and approved it is your responsibility to obtain Case No.14-014 Supplemental Appendix Page 79 of 160 Page 242 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. ) PNBIIL.ifARING ITEM 7A P&ZnnREGULAR MEETING JUNE 18,2014 `i Bill Oliva May 21,1998 Page Two all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A cmtmt certificate to plat from a licensed title company should accompany the final plat The approval of this preliminary plat shall be effective for twenty-four(24) months from the doll of approval, oolwithsimding the provisions of my eubaegoem change in the SUbdivbion ordnance,zoning ordinance or zoning districts. Alta This dine,the preliminary plat shall become null and void udese an extension of time is granted, al the request of the subdivider,by the commission prior to the expiration of the preliminary plat A time extension will only be greeted If reanloadon of the preUminary plat Indicates that conditions are substantially the same as when the preliminary plat was originally approved. Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations,which may also be applicable. An appeal of this decision may be initiated by, I)the applicant,or 2)any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission,by filing a Slim notice of appeal with the Borough Clair within tan 00)wonting days of the date of the Commission's decision The notice of appeal must state the apecile ground.for the appeal and the relief sought by the appellant,and be accompanied by the appropriate appeal fee. Therefore,the Commission's decision will not be final and effective until ten(10)working days following the derision The Planning and Zoning Commission adapted the following finding of fact in support of their decision: I. This plat meets the minimum standards of survey accuracy and proper preparation of plate required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area Case No.14-014 Supplemental Appendix Page BO of 160 Page 243 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBUI`HEARING ITEM 7A P&Z REGULAR MEETING JUNE IS,2014 • 0 O Kodiak Island Borough Bill Oliver May 21,1998 Page Three If you have my questions Soul the action of the Commission, please feel free to coomet the Community Development Department at 486-9362. (Sininnccerrely,C P/�)n[.�f//. r f a Bob Scholze,Associate Planner Community Development Deparmleot cc: Horizon Surveying Fire Marshall Case No.14-014 Supplemental Appendix Page Sl of 160 Page 244 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC-nEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 O Q area. It it also conrlstent with designation of adjacent traces within the Lakeside Subdivision as Retail Business, which was confirmed in the adoption of the revised Lakeside/Safeway Subarea Plan In September of 1997. The motion was SECONDED. Regular Session Closed. Public Hering Opened: Diane Brooks. Shahalra Acres resident, appeared before the Commission and expressed concern about what development of these lots would do to the already existing drainage problem in the adjacent residential neighborhood She also thought that Island Lake Road was in poor shape and that did not want increased traffic on the road. Kate Ballinger Shehafm An resident, appeared before the Commission and expressed concern about this request. She was also concerned about increased traffic on Island Lake Road and increased business traffic on Cove Drive. pill Olivrr, agent for the applicant, appeared before the Commission and expressed support for this request He assured the previous speakers that the proposed development plan would not change the topography of the lot and that the City of Kodiak building department had indicated a drainage plan would be required prior to any development. He also noted the proposed configuration would ensure that the only access to the largest retail lot would be off of Will Bay Road and that the City of Kodiak his indicated that a traffic impact study would also be required prior to development Public Healing Closed. Regular Session Opened. After some discussion,the Commission agreed that the concerns expressed should be discussed as part of the review of the companion subdivision ease. The question was called and the motion CARRIED by unanimous roll call vote. C) i{Case Oil)Request for preliminary approval of the vacation of Lots 5IA, SIB and S2,US.Survey 3218,and rapist to Lots 1-8,Alegnak Acre. 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive. BOB SCHOLZE indicated 97 public hearing notices were mailed for this case and 2 were returned, 1 expressing no objection and 1 expressing concern about drainage onto adjacent residential properties. Staff recommended approval of this request subject to conditions. He stated that staff had not proposed a condition of approval about drainage because the lots were already relatively flat and there re.Z Mimes:May 20.I99t Pgv1 of 13 Case No.14.014 Supplemental Appendix Page 82 of 160 Page 245 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC HEARING REM 74 P&Z REGULAR MEETING JUNE Ili,2014 a o would likely be no major recontouring of the property. He suggested that if the Commission chose,they could emend the conditions to require a drainage plan. COMMISSIONER STEWART MOVED TO GRANT preliminary approval of the vicarial of Lots SIA,51B and 82,11S,Survey 3218,and replel to Loa I-8, Alagnak Acres,and vacation of an approximately 330 fool long,thirty(30) foot wide roadway easement covering the motherly portion of proposed Lot 7(per Plat 72-5),subject to the conditions of approval contained in the summary statement dated May 20, 1998 and to adopt the findings in the staff report dated May 1, 1998 as'Findings of Fact'for this case. CONDMONS OF APPROVAL I. install a new fence andlm repair the existing fence.The fence shall be six (6) feet high and sight obscuring to separate business uses in proposed Alegnak Aces and all adjacent residentially zoned properties in Block 1 and 2 of Shshelka Acres. This condition meets the approval requirement of CSC 1721.050.C. 2. Place a Irate on the plat staling: "These shall be no access directly from I.o16 onto Mill Bey Road or Island Lake Road." 3. Designate the sixty(60)foot wide Ragsten of proposed Lot 5 as"access and utility easement for Lot 6." 4. Redesignate the existing thirty(30)foot wide roadway easement covering the southerly portion of proposed Lot as"math and utility casement for Lot 7," and vac* the approximately 330 feet of existing roadway easement covering a southerly portion of proposed Lot 7. 5. Lighting related to future development may not produce a glare on public highways and neighboring residential properties according to KIBC 17.21.0508. FINDINGS OF PACT 1. This pet, with conditions, meets the minimum standards of survey accuracy and proper preparation of pets required in Title 16 of the Borough Code- 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat,with conditions,provides a subdivision of land that is consistent with adopted Borough plans for this arcs. V r&Z?Ora Mp 20.391 rare l of ll Use No.14-014 Supplemental Appendix Page 83 of 160 Page 246 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. rTh PUBLIC FARING ITEM 7A • P&/22�REGULAR MEETING JUNE 18,2014 The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The Commission discussed the drainage issue. COMMISSIONER FRIEND felt that the area was reasonably fiat and that further development should not have a negative impact. COMMISSIONER SCHEIDLER felt a condition requiring a drainage plan should be added. CHAIR TURNER was still concerned and wanted to ensure protection of adjacent residential lots. LINDA FREED suggested that a condition of plat approval might not be the best • way to address the speakers concerns,and recommended that if the Commission added a condition of approval that they he very specific with the requirement so that they would achieve the desired results. She suggested that the Commission could direct staff to write a letter to the Building Department requesting a drainage plan prior to issuance of any building permits on the lots. The question was called and the motion CARRIED by unanimous roll call vote. CHAIR TURNER directed staff to send a letter to the building department requesting that they ensure that drainage concerns are addressed prior to development on the lots in this subdivision. D) Case 91-015. Request for a rezone, in accordance with Section 17.72.030.0 (Manner of Initiation)of the Borough Code,of a portion(approximately Y.acre) of Lot 5, Block 1, Radiak Subdivision 1° Addition, &n R3-Multi family Residential to B-Business. 3465 Tugidak Court BOB SCHOLZE indicated 107 public hearing notices were mailed for this case and 2 were returned,stating no objection to this request Staff recommended postponing this request until the June 1998 regular meeting so the rezone area could be expanded to include the portion of Lot C-1A,Woodland Acres 7th which was Dever formally rezoned by ordinance from R2-Two family residential to B- Business. P it ZMi.ua.May 20.1993 Pqe 6 of ll Case No.14.014 Supplemental Appendix Page 84 of 160 Page 247 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBS LIC HEARING ITEM 7A P&22REGULAR MEETING JUNE 18,2014 wok Hen's lam VI-C Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT—MAY 20.1098 Meeting of: May 20,1998 ITEM TITLE:Case S98-007. Request for preliminary approval of the vacation of Lots SI A, SIB and S2,U.S.Survey 3218,and replat to Lots 1-8,Alignak Acres. 2705 Mill Bay Road,173 Island Lake Read,and 2980 Cove Drive. RECOMMENDED ACTION: Staff recommends approval of this request subject to revised conditions,shown below. APPROPRIATE MOTION: Move to grant preliminary approval of Ow vacation of Lots SIA,SIB and 52, U.S. Survey 3218,and replal to Lots 1-8,Alagnak Estates, and vocation of an approximately 330 foot long,thirty(30)foot wide roadway easement covering the southerly portion of proposed Lot 7(per Plat 72.5),subject to the conditions of approval contained in the summary statement dated May 20,1998 and to adopt the findings in the staff report dated May 1, 1998 as"Findings of Fact'for this Cana CONDTITONS OF APPROVAL I. Instal a new fence and/or repair the existing fence.The fence shall be six(6)feet high and sight obscuring to separate business user in proposed Alagnak Estates and all adjacent residentially zoned properties in Block 1 and 2 of Shahafke Acres. This condition meets the approval requirement ofKIBC 17-21.050.C. 2. Place a note on the plat awing: "There Abell be no access directly from Lot 6 onto Mill Bay Road or bland Like Road." 3. Designate the sixty(60) foot wide flagsten of proposed Lot 5 as "access mid utility easement for Lot 6." 4. Redesignate the existing thirty(30)fool wide roadway easement covering the southerly portion of proposed Lot 8 as"access and utility easement for Lot 7," and vacate the approximately 330 feet of existing headway easement covering ■southerly portion of proposed Lot 7. 5. Lighting related to future development may not produce a glare on public highways and neighboring residential properties according to KIDC 1721.050.B, Case No.14.014 5 upplementel Appendla Page 05 of 160 Page 248 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUMA.nEARING ITEM 7A P&1 REGULAR MEETING JUNE 18.1014 . C' KIB COMMUNITY DV Q.... . , - 11:07:41.A.M. MAY 20 19913.,_„,_ __. • ■ Fi• e4.--1.7:1 k.-.‘c ', , , WPM"ACIOCAUSCUMS • -^,• ‘'' - tn. .---- ./...... • ‘.. ■ - ' Jr.1 IT • . .. '11.4% lL, i ... i gut atojer.r ) 'H ‘-'N. .........0. . / - .• - - fi ....- • 7 ,-.,, I Ii. I .1 N .. 41.. „.. 1 . - Of•. .1 - I • ; ■ *.. 1p I\ •, 1 : %.!.. 'IN Ie.?• 7 • ---' i , : ::1 f .. „,.) :)/1,/ ) ‘‘..-. ) - - \ . 1;11.191/". -r , . t l 41 \\ .. . \is_C::) ,... \ !\„/ \ ki 17 / 40.1. - . $ ./ s ... e> 11\ . _ le ,. ,,,f. POI.Affitagit 11.4.\ air,. .... 4. '..? '4.:-.0 ivir "^......-- - •- ,......,. ". .! f.J7.0" Fairtelear / '-'<:,'",-- •:, 15/ / *:-'?-*..:"-.* N ‘ 7 ' .1...z... ktsd>k/ , . • .......-_- zeuzisears p.c.,. , ... . / i "Nie ) ROW %Rte.- I " •10.111111MMI , was... ___ 5\\Nit.„( / 7.1b1c-Ww= i 4.1 t i . ass s......, . ,... .... Case No,14 014 Supplemental Appendix Page 86 of 160 Page 249 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLI C HEARING ITEM 74 P 8 2 REGULAR MEETING JUNE 18.2014 CI l�l Ml's Hmfry lea VIL Kodiak bland Borough Planning and Zoning Commission SUMMARY S72ITEMENf—MAY 13.1 998 Meeting of: May 20,1998 ITEM TITLE:Case S98-007. Request for preliminary approval of the vacation of Lots S IA, SIB and 52,U.S.Survey 3218,and he tat to lets I.8,Alagnak Acres. 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive. RECOMMENDED ACTION: Staff recommends approval of this request subject to conditions APPROPRIATE MOTION: Move to grant preliminary approval of the vacation of Lots SIA,SIB and S2, U.S.Survey 3218, and sepia In Lots 1-8, Alagnak Estates, and vacation of an approximately 330 foot long,thirty(30)foot wide roadway caserneot covering the southerly portion of proposed Lot 7(per Plat 72.5),subject to the conditions of approval contained in the staff retied dated May 1,1998 and to adopt the findings in that staff report as"Findings of Fact"for this case. CONDITIONS OF APPROVAL I. Install new fence or repair existing fence between existing industrial and commercial uses in proposed Alegnak Estates and all adjacent residential properties in Block 1 and 2 of Shebatl9 Ames,as required by 17.21.050.0. 2. Place a note on the plat slating: '-,There shall be no access directly from Lot 6 onto Mill Bay Road or Island Lake Road." 3. Designate the sixty(60) foot wide flagetem of proposed Lot 5 as "access and utility easement for Lot 6." 4. Redesignate the existing thirty(30)fiat wide roadway easement covering the southerly portion of proposed Lot B as'access and utility easement for Lot 7,"and vacate the approximately 330 feet of existing roadway easement covering a southerly portion of proposed Lot 7. 5. Lighting related to future development may not produce a glare on public highways and neighboring residential properties according to KIBC 1721.0503. Case No.14-014 Supplemental Appendix Page 87 cl 160 Page 250 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land..- AGENDA ITEM #13.C.1. Q '7 PUBLICdEARING ITEM 7A P 8.Z REGULAR MEETING JUNE 18,2014 �. Mk Haling hen VIC Kodiak Island Borough MEMORANDUM DATE: May I,1998 TO: Planning and Zoning Commission FROM: Community Development Department SUBI: Information for the May 20,1998 Commission Meeting CASE: 598-007 APPLICANT: Brechan Enterprises,Inc. AGENT: Horizon Surveying REQUEST: Preliminary approval of the vacation of Lots S1A, SIB and S2, U.S. Survey 3218,and replat to Lots 1-8,Alagnak Estates. LOCATION: 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive ZONING: I-Industrie],B-Business and R2-Two family Residential Ninety-seven(97)public heating notices were mailed on May 5,1998. Date of site visit: May 1,1998 I. Minimum lot size: P.2:7,200 square feet Industrial:20,000 square ft. Business:N/A Compliance: Yes 2. Minimum lot width: R2:60 ft. Industrial:75 ft. Business:N/A Compliance: Yes 3. Existing land uses: Concrete batch plant;office;various shops; outdoor storage;warehouse. Compliance: Yes c 5911407 a¢IW10 P&L Mry20,199B Case No.14-014 Supplemental Appendix Page 88 of 160 Page 251 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLIC HEARING ITEM 7A P g Z REGULAR MEETING JUNE 18,2014 Sk Hering ten VIC 4. Existing structure®on the property: 5 shops;batch plant;tower truck scale; office building,warehouse Compliance with setbacks: Yes(contingent on rezone oft-Industrial loB-Business). Compliance with other zoning regulations: Yes(Batch plant will become nonconforming use with rezone to B-Business), Encroachments: No(assuming rezone from 1-Indus-Mel to B-Business) 5. Topography. Provides good building sties: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes 6. Physical Features: Wetlands,streams,drainage courses: No Need for driveway/access restrictions: May depend on results of traffic impact analysis Adequate line of sight: Yes Adequate acorns for additional bathe volume: May depend on results of track impact analysis, Adequate access from a safely standpoint: May depend on results of traffic impact analysis. Neighborhood character. Indus-bill/commercial adjacent to residential. Double(manage Iota: No Flag lots: Yes(2) Adequate access for fire apparatus: Yes Utility installation meets Tide 13: Yes Cara 510-027 replollD Pk214PID,I'M Case No,1a-014 Supplemental Appendix Page 89 of 1.60 Page 252 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. `° PUBLIr 'CARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Ptlk timing law OTC Common wall or ter -lot tine: N/A Frontage on dedicated public right•of--way.Yes(Except proposed Lot 7,which has access on an existing roadway easement. Other road and utility improvements required before Areal approval: No 7. Existing Plat Restrictions: Yes Compliance: Rezone will achieve compliance with plat note. COASTAL MANAGEMENT APPLICABLE POLICIES araidestialnactgruoint 1. Lamina In areas with poorly draining soils,development where feasible shall be connected to a sewer lino Where this is not feasible,on-site facilities shall be designed so as not to cause conditions that will pollute rival, lakes,and other water bodies, including the ground water supply. Consistent Not applicable. This area is served by public sewer and water. 2. Open Legg Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent Not applicable, This area has existing industrial and commercial development. Buffering has been required as a condition of previous development. 3. BC= New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development to the extent feasible and prudent. Cue SIMON Pap a of IS PaaMg10.149e Case No.14-014 Supplemental Appendix Page 90 of 160 Page 253 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLICHEARING ITEM 7A P 8 Z REGULAR MEETING JUNE 18,2014 1) Q Palk Nevin rats NC Consistent: Not applicable. This subdivision is not locoed along the shoreline. 4. H nanan a ands Development shall not occur in hazardous areas such as avalanche moaut zones, active Iloodplains, and high water channels to the extent feasible and pndenL Siting,design,and construction measures to rmimtze exposure to coastal erosion, mass wasting and historic tsunami runup shall be required to the extent feasible and prudent Consistent: Not applicable. This u not a(mown hazard zone. 5. w 1-nda Filling and drainage of water bodies,lloodways,bsckshores,and natural wetlands shall be consistent with ACME Standards 6 AAC 80.070(Energy Facilities)and 6 AAC 80,130(Habitats). Consistent: Not applicable. This subdivision will not require fill or drainage of water bodies,floodways,backshores or natural wetlands. ommersidfideetrid Development I. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous abamn, tideflsts and wetlands shall be minimized when constructing and operating port,harbor,dock,business and energy facilities-if permitted order applicable regulations. ConaistenL Not applicable. This subdivision will not involve dredge and fill,excavation,or alteration of anadmmous streams. 2. Esmxl Setting.Views and Arr c Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago;developer shall provide opportunities for public aesess to the shoreline and scenic views,to the extent feasible and prudent. amsruo hpaarlo r•zw.ra,lsn Case No.14-014 Supplemental Appendix Page 91 of 160 Page 254 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 C hha[Haring Ilea,VIC Consistent: Not applicable. This subdivision is not located along the shoreline. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in'ehoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: Not applicable. This subdivision does not involve dredge and fill along the shoreline. 4. Far:ilityfe[ien Developments in or over the water,such as pis,docks and protective st natures shall be located, designed and maintained in a manna that prevents adverse impacts upon water quality,fish,wildlife and vegetative resources and minimizes intezuption of water circulation patterns,coastal processes and navigation. Consistent: Not applicable This subdivision is not located near the wafer. 5. Buffer 7nrt Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent,non-business properties in order to minimize conflicts between land uses. Consistent: Screening in the form of sight-obscuring fence and vegetation has previously been required between both the batch plant on proposed Lot 7 and the warehouse on proposed fat 2 and the adjacent residences in ShahaOm Acres. Proposed Lots land 3,zoned R-2,were intended to provide some buffering between potential industrial and/or commercial development on Tracts S-1A and S-1B and residential districts in Shahalke Acres and Holland Acres. 6. AuanilcgcDevehx,mrnt Cr¢59l. 7 Pap!or l0 9112 May 20,I99a Case No.14-014 Supplemental Appendix Page 92 of 160 Page 255 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. (D; C) PUBLIC FEARING ITEM 7A P g Z REGULAR MEETING JUNE 18,2014 ',ask IkaU's lion vl-c Accessory development that does not require a shoreline location or order to wry out its support functions shall be sited away from the shoreline whenever there is e feasible and prudent inland alternative. This category includes pendng, warehousing,open Mir storage,waste storage,treannmt or storm runoff control facilities or utilities, Consistent: Not applicable. This action does not involve accessory development along the shoreline. 7. Wetlands Filling and drainage of water bodies,Boodways,backshores or mound wetlands shall be consistent with ACMP Standards 6 AAC 80.070(Energy Facilities)and 6 AAC 80.130(Habitats). Consistent Not applicable. This subdivision does rml require fill or drainage of water bodies or wetlands. COMMENTS This request is to subdivide three tracts into eight(8)lots creating Alagnak Acrd Subdivision. A companion case on this month's agenda requests that Tract S-2 and the portion Tract S-IA be rezoned to B-Business This would result in rezone of approximately twelve(12)acrd from[- Industrial to B-Business and would satisfy a note on Plat 91-45 pmlubitng Anther subdivision of Lots SI-A and SI-B until the lots have been rezoned to a single,appropriate zoning district. Along Cove Drive and Island I aka Road,the replat will create proposed Lots I and 3,zoned R2. This zoning is already in place. The thirty(30)foot wide flegstem of proposed Lot 2,between proposed Lots I and 3,an area approximately 3,000 square feet,would be rezoned from R-2 to 13-Business consistent with the present zoning on proposed Lot 2 which contains a warehouse permined by CUP(Cue 94-024). Proposed Lou l and 3 utisfy the anta and width minimums for the R2 zoning district There are no minimums for the B-Business zoning district. Should rezone fail,the am and width of the proposed lots also satisfy the minimmns ter the I-Industrial zoning district. The existing concrete batch plant,first permitted by special exception in 1966(Case 93B),will be located an proposed Lot 7. The batch plana itself and the shop near the scaling aback will not comply with the twenty (20) fool side yard setback requirement for the preset I-I dustriel zoning. However,with the anticipated scone to B-Business zoning,this will not be an issue since there arc no zoning setback requirements in that districL With a rezone to B-Business,the Cxa5911-0Ml AF6of10 a•n Mry1o.lm Case No.14014 Supplemental Appendix Page 93 of 160 Page 256 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. a ,-, PUBLIL'riEARING REM 7A P g 2 REGULAR MEETING 1 UNE 18,2014 C.` 0 POSe Hmina Iota Vii batch plant itself would become•nonconforming use allowed in continue but not to expand. Discontinuation of the use for more than one year would extinguish the associated"grandfather" right The existing gravel access road used by concrete trucks into the batch plant is within a thirty(30) foot wide roadway easement. While this corresponds with the minimum width required for a f sgstem,it does not provide homage on a dedicated public right-of--way as recommended by 1®C Section 16.40,050.B.8. The roadway easement can be justified since it is existing and appears to provide access also to the peaking errs of the office building on proposed Lot B. Ad a minimum, the portion of the roadway easement extending for approximately 330 feet onto pluyvsed Lot 7 should be raided since it saves no purpose. The remaining thirty(30)foot wide access easonel flossing the southerly portion of Lot 8 should also be designated as a utility casement to accommodate furore provision of utilities to proposed Lot 7. The design of Lot 5 includes a sixty(60)foot wide flagstem to provide access for potential huge- scale retail, since the lot itself is nearly seven(7)acres. This is located approximately two hundred(200)feet hors the intersection of Mill Bay Road with Island Lake Road to the north and from Murphy Way and the principal Safeway access to the south. Traffic circulation and congestion may be a concern, especially if a nlmlber of large-scale stares converge in this expanding retail area west of Mill Bay and Island Lake Roads. Concern has also been expressed about the safety impticetions of greatly increased traffic in an area busy at certain times of the year with walking school children. The City of Kodiak Public Works Department has indicated that high density or use development on proposed Lots 5 or 6 will generate a request for a traffic impact study in the area prior to issuance of a driveway permit. The paelmri any Piet indicates that half(30 ft.)of the width of the Ragatem of proposed Lot 5 will be designated as an access easanent for proposed Lot 6,which is adjacent This would eliminate the need for additional driveways directly onto Mill Bay Road and Island Lake Road too close to the intersection To ensure this and avoid potential traffic safety issues, sniff recommends that a plat note prohibit access directly onto Mill Bay Road and Island Lake Road from proposed Lot 6. It is also recommended that the entire sixty(60)foot width of the Ragsiern of proposed Lot 5 be designated as both access and utility easement for Lot 6. Concern has been expressed about drainage on the residential properties in Block 2 of ShahaOra Acres immediately behind the proposed rezone area This appears to be remnant,from development activity over the years as there is clearly a pond shown on air photos and plats dating beck to the 1960's and 1970's. An existing twenty four(24)inch culvert is buried across the entire length of proposed Lot 2 and carries drainage from low wet areas behind the residences in Block 2 of S1mlu0m Acres northerly to a culvert under Cove Drive. The City of Kodiak Public Works Deportment has indicated that drainage from this area will have to flow north since the storm drain system in Mill Bay Road is probably too high. Cue SStear ayeraf In. rot 1-Ally 20,1971 Cue No,14-014 Supplemental Appendix Page 94 0l tee Page 257 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • PUBLIC HEARING REM 74 P 8 Z REGULAR MEETING JUNE 1B,2014 L aNk ire lam V{C The existing tracts arc essentially level and have been previously graded for existing uses, Since the property is predominately developed,drainage impacts of subdivision itself will be m413011l. However,covering large tress with an impervious surface such as asphalt,a lardy piospeet with large-scale retail development,may alter drainage patterns warranting a reevaluation of drainage. Significant excavation and/or fill for structural development will require engineered plans approved by the Building Department That are water lad sewer distribution lines located in Island Lake Rod to serve proposed Lars 1-4, The water service line terminates at the fire hydrant at the intersection. Otherwise there are water and sewer service lines in Mill Bay Road to serve other lots. The City Public Works Department has noted that there are presently no stub outs existing from Mill Bay Road to proposed Lots 5 and 6.. Major road improvements have been completed to Mill Bay Road in the last couple of years and tae presently underway on Murphy Way. According to the performance standards for the B-Business zoning district of I®C 1721.050, not only is screening required to be provided and maintained between business and residential uses,but suitable groundeover must be provided to minimize dust,erosion and sedimentation. Also,lighting cannot produce gate on neighboring residential property. An existing fence separating industrial and commercial uses on these properties from residential neighborhoods in Shahelka Acres has collapsed in places. A condition of approval should require that this or another fence be reestablished or rebuilt to provide appropriate screening between potentially incompatible uses. The fence should be minimum,six(6)feet high,sight- obscuring solid wood or chain-link with slats. REVIEW AGENCY COMMENTS KmIlak Electric Association; No objeetfon. Pfa Commualestlo se No objection. Clly of Kodiak Notes that there are no sewer or water stub outs front Mill Bay Road to serve proposed lots 5 and 6 and that the storm drain system in Mill Bay Road is probably too high to handle drainage from this area High density development on proposed Lots 5 or 6 will generate a request fora traffic hnpaet study in the area cam Pam/ Ns l er la P a n Mrr t0.IPer Case No,14-014 Supplemental Appendix Page 95 of 160 Page 258 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. CPUBLICNEARING ITEM 78 P&2 REGULAR MEETING JUNE 18,2014 Pubile Ha"cm VIC r. 0 Slate of Alasln Depardmen[nfTnnmortetien: Notes that driveway permite must be obtained for any access to state unwed right-of-way. SIB Department of P¢gllin and Engineering; Notes the potential for development on these lots to affect drainage to the north and west and a requirement on the part of the applicant to notify the Kodiak Island Borough of improvements that may affect the existing drainage plan. Xsdiak Fire Deparnumb Notes that Mum development of buildings on the lots wig require installation of a fire hydrant and provision of emergency vehicle access RECOMMENDATION Staff recommends approval of this request subject to conditions. APPROPRIATE MOTION Move to great preliminary approval of the vacation of Lots 510, SIB and 52, O.S.Survey 3218,and replat to Lob 1-8, Alagnak Estates, and vacation of an approximately 330 foot long,thirty(30)foot wide madway easement covering the southerly portion of proposed Lot 7(per Plat 72-5),subject to the conditions of approval contained in the staff report dated May 1,1998 and to adopt the findings in that staff report as'Findings of Fact"for this use. CONDITIONS OF APPROVAL I. Install new fence or repair existing fence between existing industrial and eotmoaciel uses in proposed Alagnek Fables and all adjacent residential properties in Block 1 and 2 of Shebat,Acres,as required by 1721.050.0. 2. Place a note on the plat staling: '"there ahail be no access directly from Lot 6 onto Mill Bay Road or Island Lake Road" 3. Designate the sixty(60) foot wide gagster]] of proposed Lot 5 as 'access and utility easement for Lot 6." 4. Redesignate the existing thirty(30)foot wide roadway easement covering the southerly portion of proposed Lot 8 as"access and utility easement for Lot 7," and vacate the approximately 330 feet of existing roadway easement covering I. southerly portion of proposed Lot7. Pm AI-447 112.90(10 P•ZMgN,IPar Case No.14014 Supplemental Appendix Page 96 of 160 Page 259 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 C 0 Public Ikati Iwn VIC 5. Lighting related to More development may not produce a glare on public highways and neighboring residential properties according to KIBC 17.21.0503. FINDINGS OF FACT 1. This plat,with conditions,meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat,with conditions,provides a subdivision of land that is consistent with adopted Borough plans for this area Cue 593-007 Peas 10 of 10 rammg20,19m Case No.14-014 Supplemental Appendix Page 97 of 160 Page 260 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. oct°0141449W4C0•IOUa.1IdM5 11011 ON CO -� N ` 7 i 01 ; 111 I.; 1?ii , a kr cc i ' l � f ` ' -; I 1 I cr • - g i I I t e a . • ills I i 1 i i N 't '. t Iii , . [W : Ii 111 , 1 • + i /t 6 . { _ i [r 1,i r c 8 ? 1 a i f a 1. ' : li , j ti II . '. k i i ii I 1 I ,.A 1 I I ILI Irk 1 1 i ;! 4iIii O I f 4 ri n e19i 91 INN 9NIllD■ ninon i 0 0 Vt 113119NIHV3N)1I90E Page 261 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. i i PUSUC HUD. YA P&Z REGULAR?AWING!UNE 19,1014 riiii .:.,gyp `1...at u.,,t ,pe,,Q.:x.. 14 seo weci ittoya Lerdig "1 Lac s-to 4/i9/9t u.s•s szte f mr. caao7okiiH- . E i�lR,Ynrj rok arttewera . z caves.- DeS. . "ar' Aooaaa Drive Locetim Saeommende. b Staff _+ Mdltlona3 B�p,pff r.SAfift,• — fecomanded by Staff / / eat ft I I . P II " � / 1 i ` lib s t , I r G t j ter (-^ f yj "'"5 n ' w sia la-P j t i . . �d 5rxt8rkCuF+> s s a o i � q� Augment -ne maintain OM i r lli �,,rySaamE 7 'buffoon 1p with feneing, berm, year. trot, e- at. that at.- / it is a+-At obscurin to a h -ht of six feet. opposed t I - _ natural egetation w DIY be neonaiatant' pe, /1 oars)4 -tee oars)MnP+Jihf'S6 se.AnnaI V- 1. / . a i I) Cast NO 14-014 Su{p4mtMN Wen*,Page 99d SW Page 262 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land.., AGENDA ITEM #13.C.1. PUBLIC NE/ ,ITEM 74 P 6 Z REGULAR MEETING MINE 18,2014 • O C • Kodiak lslandBorough .i '" 71t am'MAY ROAD p'. ) NNN1• ROOM.MAMA 1M1e-LLe• .n v14019(wv)4a147ns May l&1981 A .,BIB Michael Beechen 9nterpods,Ina 2705 M19 Bay Road Kodiak,Alaska 99615 RE: k Cue 91;0249 Request fir a conditional use permit In accordance with Section 17.21.030K(Conditional Uses)of the Borough Code to permit a 60'X 160 warehouse on a commercial lot and to review a screening plan consisting of a twenty(20)foot buffer strip/greenbelt between the warehouse and residential iota adjoining the commercial/ lndustral/resklmtW lot. Tract Sl. U.S. Survey 3216 (179 Island Lake Rand) Dear Mr.Brechen: The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 15. 1991.panted the conditional sae permit and approved the screening plan for the regent Sled above, subject to the Mowing conditions: CON DrnONAL OSK PnMIT 1. Conditional uses listed under Section 17.24.020(Conditional Uses)of the I—Industrial Zoning District of the Borough (:ode are specifically prohibited unless an exception has teen requested from end approved by the Planning and Zoning Commission. 2. Theft access corner Nto an lot Sl-B will be boated to thener ofth.Mt closes t to the of Cove Drive and Island lake Road.• SCREENING NAN 1. A twenty 1201 foot buffer atria lac dolled to the staff regime[WM May -1991 fur this case)augmented by stmt obscuring fencing earth hens vt maon:or.e�Mnatos thereof m t beimt of gti'ff let wf be adequate to 'screen" a commercial warehouse from atlOibafng Cale No.14-014 supplemental Appendix Page 103 01160 Page 263 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • MAGIC Ht4 O RCM 1A P a 2 REGULAR MEETING NNE I0,1014 • 0 � Kodiak Island Borough rY Brechan Enterprise,tic, May 14 1991 Page Two residential uses, zones and Cafflcwvye, thereby preventby advent Impacts to the surrounding area. MSS APPROVAL DORS NOT ALLOW AIR CONBTYDCTTON TO HE N. zoning compliance and/or a building permit must Brat be obtained. Please contact this o!>Ic for further details. An apps of Ebb decision may be Initiated by any person or pap aiteved by Ming a»notice of viand with the Borough Clerk within ten I10l working days of the date of the Commission's declaim. The notice of apps must state the speafic grounds for the appeal and the relief Sought by the appelbnt Therefore, the CommWlon'a decision will not be final and effective until ten (101 working days following the decision. This latter shall constitute the conditional into permit. Please bring It when you came to our office to obtain earring compliance for any construction oo the property. The Commission adopted the following Badings in supped d their decision: 1. 'That the conditional use will mauve the value a ir& character and It appears that the pmpoeed use will preserve the value,spirit character, and integrity of the surrounding area, A sixty by one-hundred slap 1911 ISO) foot renbmue bulking on a 47,780 square foot lot will not be detrimental ta the 'mounding propertle ti approprWe i dit, ons of approval are required to address the amemlng, traffic and taming comic=related to thla lot. Staff notes that the iodating outdoor storage Is probably come detrimental than-the proposed new warehouse. The new warehouse,tf It s used to get some of the wont outdoor storage In the community y mdmra,would he an amenity to the whole area. The use of this property hr a warehouse use will not he detrimental to the future development of tins area. This s evidenced by the misting c eitW/lndusmW use already located on the site Coe No.14.014 supplemental Append Pep 101 a 160 Page 264 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBUC NEtnirEM)A P&Z REGULAR MEETING JUNE 1B,2010 © 0 Ek KodiaklslandBorough Brechan Enterprises.Inc May 16.1991 Page Three pertaining to the rondiBOnal rise In ouronco. Based on a review of the site plan,the proposed warehouse will fulfill all other requirements of the B—Business Zoning District such as height of structure. off-street parking. etc. Adherence to the applicable performance standards (Section 17.21.050) of the B—Business Zoning District during the coning compliance and building permit processes will Insure that this conditional use fulfills other requirements of the district concerning ground cover and lighting issues. 3. to r:..r ..I, .r: .. .. .....-I a • • •. health safety.convWence and roolforL Granting of the conditional use permit for a warehouse will not be harmful to the public health,safety.convenience Cr comfort Adherence to the Uniform Building Code and Uniform The Code regulations for commercial building construction will ensure protection of the public health and safety. In addition,because a warehouse Is classified by the Code as a 'permitted' industrial land use. It should clear that other industrial land uses are not permitted by this conditional use permit when the warehouse Is located In a B—Burmese Zoning District. The warehouse in this case Is intended for permitted business urea only. Industrial land uses would only be allowed upon the review and approval of an exception by the Planning and Zoning CommisMon. Staff recommends a condition of approval to make this point clear.and to act as a reminder to staff when future zoning compliance permits are being reviewed. It can be argued that a warehouse can potentially detract from the public convenience and comfort if there are residential land uses in the vicinity. In this case there are residential uses on one side of the subject property and also across the street Potential traffic Impacts will be mitigated to the extent feasible by a condition to divert traffic from entering Shahafica Acres Subdivision. Case No.14414 Supplemental Append.Page 10201160 Page 265 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC MCA ITEM 7A P n;^REGULAR MEETING TUNE 00,1014 e ` fjp KodiakIstandBoraugh at Ertnfmn Enterpdacn,Inc. May it 1991 Page Pour 4. That sufficient onbaskG lot area buffers or other I nfeellardi are being a r Ylr a. r . *1 I. I V 11 • 1 aseU9n. The 49.569 square foot site contains sufficient lot area for the proposed use, o8•atreet parking, and will be buffered from adjoining residential uses by the screening plan that M determined by the planning and Zoning Comodsalon to be sufficient for that purpose. if you have any questions about the action of the Commission,please contact the Community Development Department. Sincerely, j/,,,}7 1.101 ( fArx L 2131-^"-^" Eileen Probasco,Secretary Community Development Department Case No.14.014 Supplemental Apoendin Page 103 of 360 Page 266 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C1. PntUC HtA 'fntM 7A P&)'2`y0.EGUlA0.MEETING JUNE 15.2014 0 0 PaallaeMaaq neM NO Kodiak Island Borough MEMORANDUM DATE: May2,1991 To: Planning and Zoning Commission FROM: Community Development Depaitmeot/,f/ SUBJECT: Information for the May 1.1991 Reg Meeting CASE: 91424 APPLICANT:Beechen Enterprises REQUEST: A conditional use permit in accordance with Section 17.21.030E (Conditional Uses) of the Borough Code to permit a 60 X 180' warehouse on a commercial lot. and to review a screening plan consisting of a twenty 1201 foot buffer strip/greenbelt between the warehouse and residential lots adjouang the commerdsltaldustrlal/residential lot LOCATION:'tract SI,U.S.Survey 3218(173 Island Lake Road) 20NING: B—Business,I—Industrial,R2—Two-fandly Residential Forty-five(48)public bearing notices were distributed on May 2,1991 Date of site visit: May 7,1991 1. yaniny ,l9story, The 1968 Comprehenstve Plan identities this area as Residential Unclassified. Penned to RE—Rural Residential by Ordinance 80.9-0. Rezoned to RRI- Rural Residential One by Ordinance 83-15-0. Portions of Tract 5-1,U.S.Survey 3218 were rezoned to R2—Two-Family Residential, B—Business and 1— Industrial by Ordinance 88.37-0. 2. jot Ste: 47,366 square feet(proposed Lot SI-B) 3. Fyipyy(p 1 and Ilse Outdoor Storage 4. Sm12.180.9121 nd U,se and Zanma: (v 01414 Pye I ere 76 L Nq ae. III Case No.Ia-014 S upOemeotal Appeea,Page 104 01100 Page 267 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC HER ITEM 7A P&2 REGULAR MEETING JUNE la,2014 0 0 PUalS NVXPU=anus us North: lot 3,Block 9.Sbahafka Acres First Add. Use: Single-famflyResidential Zoning: 122-7Wo-Famlly Residential South: Tract 5-2.U.S.Survey 9218 Use: Industrial,Cement Batch Plant Outdoor Storage Zoning: I—Industrial East: tote 1-3,Block 2,Holland Aces Sub„Lots IA,18,and 2A. Block 1,Holland Ants First Addition Use: Church, Reaidence/Buaineas. Residence/Business,Single-family Residential Zoning: R2--Two-Family Residential - Lots 1 to 9, B- Buslness•Lam 1A.113 and 2A West Iota LA,2A-1 and 2B,Block 2,ShahafcaAcres Subdivision Use: Mobile Home Residential, Duplex. Single-family Residential Zoning: R2--Two-Famlly Residential(all lots) 5. rmnnrehenstve Hgn; The 1885 Comprehensive Plan depicts this area as Medium Density Residential. 8. 0221125(21529addismat The following sections of Title 17(Zoning)of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request 17.71.830 Conditional use*. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.87: A. Churches: B. Hospitals; C. Recreational vehicle parks; D, Single-fatally residences If located within a structure containing a burliness and not exceeding fifty percent of the area of the structure:and 'E. Warehouses. 0.¢01.0114 Para(. eIt2)q Is.ME Case No.14.014 Supplemental Appendix Page 105 di 160 Page 268 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLIC MEA)ITEM 7A P G 2 REGUTAll MEETING JUNE 10,2014 Y MAR IMAM mxnn aumiatateszniermi 1. Dredge and Ml.excavation,shoreline alteration and disturbance of anadromous streams, ttdefats and wetlands shall be m steed when constructing and operating port,harbor,dock,business and energy facilities-K permitted under applicable regulations, Consistent Not applicable. This action does not Involve excavation or alteration of the shoreline. disturbance of anadromous streams.tideflats or wetlands. 7. atatalktgauXisumidiscra Development shall be conducted to a manner that mitigates adverse Impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic Mews,to the extent feasible and prudent Consistent Not applicable. This property is not located along the shoreline. 9. fledge and Excavation Materiel Dredging and filling shall be consistent with ACMP Standards 6 MC 80,040(Coastal Development)and 8 MC 80.110(Mineral and Mining Processing). Dredge spoil may be utilized in aboreside holdalls if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent Not applicable. This action does not Involve any dredging or filling along the shoreline. 4. gagOitM Design Developments in or over the water, such as piers. docks and protective structures shall be located,designed and maintained in a manner that prevents adverse Impacts upon water quality,fish, ere 01914 eyed•g r&Z$fl US,159' Care Na.14-014 Stipp mental Appendix Page 106 of 160 Page 269 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. km" puotrC 14,..,.11TEM IA P&2 AEGUtA11 MEST,NG NNE 18,2014 0 0 "" PUN IM MO wildlife and vegetative resources and minimizes tnitrn ptmn of writer circulation patterns.coastal processes and navigation. Consistent Not applicable. Ibis action does not involve development in or over the water. 5. Bu fer Theses Suter nines shall be established to the indent feasible and prudent,between business areas and major public transportation routes and between business development and au acent non- business properties in order to minimise conflicts between land uses. Consistent Yea. Review and approval of a s able screening plan by the Planning and Zoning Commission will insure that the potential for land use conflicts between the proposed taarehmme and adjacent non-businesss properties is minimised. B. Amismaredumeat Accessory development that does not require a shoreline location in ceder to Cony out its support functions shall be sited away from the shoreline whenever them is a feasible nod prudent inland alternative. This category includes parking,werdhousing,open sir storage,waste stomge.treatment or storm runoff control falihbes or utilities. Consistent Yes. Warehousing la an accessory use that door not require a shoreline location. Siting the warehouse away from the shoreline at the proposed location is therefore consistent with this policy. SaalOb N{4d9 55Z1114Y A.1001 Case No.14-019 Supplemental Append&Pape 107 of ltO Page 270 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • PUBLIC NEA.)Ir[M 7R P&ZREGULAR MEETING JUNE Ii,2014 Ov PUBLIC MAMBO MEM Na 7. Welland. Filling and drainage of water bodies, foodwaye. baekshores or natural wetlands shall be consistent with ACM?Standards 8 MC 80,070(Energy Facilities)and 8 MC 80.130(Habitats). Consistent Not applicable. This action does not involve filling or draining of water bodies, Roadways, backshores or natural wetlands. COMMENTS This request Is Intended to establish a conditionally permitted use- a warehouse-on a proposed lot that is located In both the B-Business and B2- Two-Family Residential Zoning Districts. The proposed location of the structure on the lot would place the structure In the B-Business Zoning District however.due to a subdivision request that is conCUrsently pending before the Commission,aeoem to this lot would be acmes a portion of land in the R2-Two-Family Residential Zoning District Staff notes that this warehouse development will eventually result in commercial traffic along Island lake Road and Cove Drive which could negatively Impact road conditions for surrounding residential properties. To address this concern. staff suggests the driveway location for this site be limited to the coiner of proposed Lot SI-B closest to the Intersection of Cove Drive and Island lake Road. In this way,commercial traffic will be diverted from the Shahan Acres Subdivision to the extent feasible. Ground cover and lighting issues are addressed in the perfmmanes standards for the B-Business Zoning District and will not be further explained in this report. These performance standards require the review and approval of a screening plan by the Planning and Zoning Commission. In order to meet this requitement the applicant has proposed a twenty(20)foot buffer strip along the property line contiguous with Sbahafea Ames Subdivision. Staff notes that buffer ships (and greenbelts) are not defined In Borough Code. Staff has refer-raced a definition of a Buffer Strip as Follows: Land area used to visibly separate oreuse from another,or to shield or block noise, lights, or other nuisances. (The Illustrated Book of Development Definitions by Moskowitz,Ihrdhloom,1081) Cu 11Or4 pee sal 5 P•Zagla Will Case No.14-014 Supplemental Appendix Page 105 01101 Page 271 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. ` . 11 PUBLIC HEA.-.,!ITEM 7A P&ZZREGULAR MEETING JUNE IS.1014 0 0 punt aeWib il01 via staff has visited the site and observed the natural vegetation now In place. In order for a buffer strip to be most effective it must offer more than just physical separation of Incompeubte uses. For this reason,staff recommends that a sight obscuring screen be provided and maintained to a minimum height of six (6)feet in addition to the buffer strip. This can be a combination of fencing earthen berm, or vegetation provided this minimum standard Is maintained. staff also recommends that the buffer strip mid screening requirement be required along the Cave Drive lot lase where the land Is actually In the R2- Two-Family Residential Zoning District. This would improve the seethed®of the site for those pearling into the ShabaLlsa Acres subdivision and screen the site from residential lots acmes the sheet The dimensions of the proposed warehouse will be about sixty by one hundred sixty(60 x 1601 feet (see attached site plan) A lot size of 47,666 square appears to be adequate for this type of development. Based on a review of the Mrs punt,It appears the proposed warehouse will meet all requirements of the B–Business Zoning District Staff notes that parking for a commercial use is usually knotted to a lot zoned for cominemiai uses as well,staff recorommds that the parking and loading areas for this warehouse be located outside of the R2..Two-Famiily Residential Zoning District portion of tat Sr-B until such time as the split lot zoning Issue Is resolved for this lot. FINDINGS OF FACT 1. it t nut. ,.t: . ..r InInslty of ithe tturroundme a_—r It appears that the proposed use will preserve the value,split character, and integrity of the s utounding area. A ably by one-hundred slaty(BC x 160)foot warehouse building on a 47.366 square foot lot will not be detrimental to the surrounding properties O appropriate conditions of approval are required to address the screening. trade and zoning concerns related to this lot, staff notes that the azldilog outdoor storaga is probably more detrimental than the proposed new warehouse. The new warehouse.If is used to get some of the existing outdoor storage in the community indoors,would be an amenity to the whole area. Cs 01414 M1V1eta 55 nMry h41001 Case No.14.014 Supplemental Appendix Page 109 of 1600 Page 272 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. aPUar1CHEA011EM 7A P&22 REGULAR MEETING JUNE 10,2014 0 0 Pate UMW ITEM The The use of this property for a warehouse use will not be detrimental io the future development of this area. This Is evidenced by the existing commerctsl{mdueMai use already located on the etc 2. IN .e. am• ^r L. • :1 • a •• . pp_at7 bli t due condition use jagrann. Based on a review of the alte plan,the proposed warehouse will fulfill all other requirements of the B--Business Zoning District such m helg t of structure, off-street parking, etc Adherence to the applicable performance standards (Section 17.21.050) of the B—Business Zoning Datriot during the zoning compliance and building permit processes will Insure that this conditional use fulgge other requirement&of the district concerning ground cover and lighting Issues. a. That vnainra ilia conditional+me permit will not be harmful to the lathe health,seers.ea fence and meted Granting of the conditional use permit for a warehouse will not be harmful to the public health,safety,convenience or comfort, Adherence to the Uniform Building Code and Uniform Fire Code regulations for commercial building construction will ensure protection of the public health and safety. In addition.because a warehouse is claaelged by the Code as a `permitted' industrial land use, it should deer that other industrial land'uses are not permitted by this conditional use permit when the warehouse Is located in a B—Business Zoning District. The warehouse In this case Is Intended for permitted business uses only, industrial lent uses would only be allowed upon the review and approval of an exception by the Planning and Zoning Cammieatou, Staff recommends a condition of approval to make this pant clear,and to act as a reminder to staff when Mute zoning compliance permits are being reviewed. It can be argued that a warehouse can potentially detract from the public convenience and comfort If there are residential land uses in the vicinity. In this case there are residential uses an one side of the subject property and also across the strut. Potential traffic impacts will be mitigated to the extent feasible by a condition to divert traffic from entering Shahadca Aces Subdivision. Con 01.034 pap 7t' r&a Ma 15,heel Case Na.14-014 Supplemental Append,.Page 110 of 160 Page 273 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC MAO(TIM IA P&f0�REGUtAR MEETING JUNE 18.1014 Mule rnawwlmana 4. That sufficient setbacks.lot area.buffers or other sotevuards are bane prwldeli to meet therenditions listed In subsections A through C of this The 47,366 square foot site contains au®cant lot area for the proposed use, off-street parking, and will be buffered from adjoining residential uses by the screening plan that Is determined by the Nanning and Zoning Commission to be sufficient for that purpose. RECOMMENDATION Staff Hods that this request does meet an the conditions necessary for a conditional use permit to be granted under Chapter 17,87 (Conditional Use Permits)of the Borough Code. APPROPRIATE MOTION CONDITIONAL USE PERMIT Should the Commission agree with the staff recommendation,the appropriate motion ISO Mare to grant a conditional use permit to accordance with Section 17.21.050E Conditional Uses) of the Borough Code to permit a 60'X 160 warehouse m Tract 5-I,U.S.Survey 5218:subject to the conditions of approval contained in the stall report dated May 2, 1991,and to adopt the findings contained in the stag report dated May 2,1091 as Bindings of Pact'for this case. CONOmONS OA APPROVAL 1. Candttional uses listed under Section 17.24.020(Conditional Uses) of the I—Industrial Zoning District of the Boring, Code are speafcally prohibited unless an =repton has been requested from and approved by the Planning and Zoning Commission. 2. Traffic access to proposed Lot S1-13 will be limited to the comer of the tot closest to the Intersection of Cove Drive and Island Lake Road. Pm 01414 Pyre Ha P&et Mq Ia IM Cate No.14.014 Supplemental Appendix Page 111 of 160 Page 274 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLIC HEN)nEM IA P&ZPEGUtAN MEETING JUNE It,2004 • 0 0 IAA=flIAnm tote VOA APPROPRIATE MOTION SCREENING Move to approve a screening plan consisting of a twenty(2O)toot buffer strip along the front and side lot line of proposed Lot 51-R, U.S.Survey 3218,augmented by the provision and maintenance of at least six(d)feet(above finish graade)of sight obscuring fence. earthen berm, vegetation or combination thereof, as suitable 'screening to separate a conditionally permitted commercial warehouse from neighboring residential land uses, zones and trafeways, In accordance with Section 17.21.050 (performance Standards) of the Borough Code and to adopt the finding contained in the staff report dated May 2, 1991 as a Binding of Fact'for this case. MINDING OF FACT-SCREENING 1. A twenty(20)foot buffer ship(as(kgned in the staff report dated May 2,1991 for this case)augmented by sight obscuring Stang, earth berms,vegetation or combinations thereof to a height of oat (8)feet will be adequate to-screen'a conuuenial warehouse from neighboring residential uses, zones and tra®eways, thereby preventing adverse impacts to the surrounding area. Geo 11142A n6 ads Pea Kg hi.IPol Case No.14.014 Supplemental Apotnep Page 1St of ifi0 Page 275 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. QPUBLIC HE1T )REM 7A 8&E REGULAR MEETING JUNE 18,2014 ibjyseo We.reac-SE. L°`.icbc tapir S le 4/19/91 LASS St%B '(ctoc coaDETiodAL. ., usa. per.. 9- yaw, 1jz ei6f --e----Cave- 'eAV/E- -e_.-- Access Drive Location Recommended by Staff _.-- 2o542? J Jf' I Additional 9ufbc.Srate,_- -- -.. `emnRcomeded by Staff / / Z-z aa 1 ac. / 41 , / a. I f /CND Lai UAL-, ----- • -I- fi . i / IS M 'B05114455 i N 1 `Lcn4G r 1 / 8 / 0 II I J 1 1 a d Augment and maintain 'f" t buffer strip with 131 I fencing, berm, vegeta- tion,tion, etc. so that it is eight obscuring .. `��I to a height of six / feet. Ms opoosed to f t1�� natural vegetation whit A 14.57 ' may be inconsistent and change over time) Case No.14014 Supplemental Appendix paso 113 of 160 Page 276 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLIC HEA JITEM IA 0 P 8 Z REGULAR MEETING JUNE II 2014 0 t ID WLiti W (UN CCw� O ct, ¢L.t, a IN w °o 4tg n � r 0\ j ono ZCI w V) " oz W U• ° Q tL 1 Askitalk* rAl 4:1 „404.00LE .. 4 t . ... i is isii , 10,:. is with ► tee es Illbta Core Nn.14.014 Supplemental Appendix Page 11901160 Page 277 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC FLEA,A',,.t ITFM 7A o&I SEEGUUA MEETING ImIE 1e,1014 0 0 • %, , Kodiak Island Borough• • .y ., I ,lir .., xoo.n,AAASSKKA 1M11s.048 r-I a n MOPE(wt)4:14.036 ,Y Y h April S0,1991 airhaet Brechan Bred=Enterprises,Inc. 9705 Mill Bay Road Kodiak,Alaska 89816 RE: Case 91a024. Request for a conditional use permit In taordana with Section 17.21.0305(Conditional Uses)of the Borough Code to permit a 841'X 1617 warehouse on a commercial tot,and to review a samenmg plan consIatiog of a twenty 120)foot buffer stop/greenbelt between the warehouse and residential lots argolning the commeidailhlduahfaitr uet lot. Tlact SI. U.S. Survey 3228 (173 island Lake Road) Dear Mr.Brechan: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Plaunlog and Zoning Commission at their May 16,1991 regular meeting. This meeting will been at 7:50 p.m In the Assembly Chambers. 710 Mill Bay Road. Kodiak, Alaska Attendance at this meeting Is recommended. The week poor to the regular mating on Wednesday, May 8, 1001, at 7:80 p.m.In the Borough Conference Room(41211,the Conunbebn will bold a workaesaton to mew the packet materiel for the regular rotating. You are Invited to attend this worksaebn m order to respond to any questions the Commission may have regarding this request If you have any questions,please call the Community Development Department at 488-5750,extension 255. Skletteh f-�.t a'. Jt ^.., b ca Eileen Probasco.Secretary Community Development Department it Barry Stilt Brechen Enterprises,Inc. Caw No.14 014 Supplemental Appendle Page 115 of 160 Page 278 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. Lj PUBLIC N&—)6fM1V4 P&Z REGUIai MEET NG TUNE 18,2014 A° "2,C rMAS 1 -Ea.1ly e.CZS +�copD5CTO YJAee.taau$E. t„ccAT,a.J LOT S- t,E3 u.SS 3zts 4/13/91 it 1eca_csLRez. coax iorJA� •• USE �^1T wrtS fir�:1J6E:Li 4r,-.X zz . . Coven 't s'IEr 205.42' L. DIY, 4C. ?viii. - a En '7', 4 as N ■ , J 7 _.. az ra ` II ' 25'+ 149.9 E' scarf E"= ' case NO 14-0I4 jaPPIPmessa,aggeNt Page 116N EGO n Page 279 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. • j PUENIC NfAt„„,ITEM IA P&P INGMAP MEETING IUNE la,201= KO,IAH ISLAND BOROU4B COMMUNITY DEVELOPMENT DEPARTMENT 710 Mm Bay R d.Radish,Alaska 9981e Puhtt Manna Ran V G PUBLIC HEARING NOTICE A nubile bean;wa be bad as Wednesday,May 13, 1881. The mMla win begin at 7:90 pm In the Borough MeemEb Chambai.710 MN Bay Rost Kodak at. before the Koala lagod amough Planning and Zoning Comreleslatn to bear commands.if any,w the Cambia re4 uat Caw 01424. Repuat far•cauWbml use pamll In e®daaa with/edlma 17.21.0802 ICoodnmal Used at the Demuth Code to pawl a ill X Mr warehouse no a aeowdal bt. and to inle p Knitting-coral/12N of•twenty peg foot butler atop/greenbelt between the warebouse and realdeNUal lots a4Jommg the Dada/mdmMal/reeldealla lot. Tact 8I.U.S.Survq 3216 117$reread 101m Road)Pathan 0Inptlen,im. Ulan do not mush to testify mbay.you may provide your mot es to IS race Worn or in a letter to the Commnma Devdopneat Department pnat to the mating. ta,anew tae mg nee aaauseonnaea taste yam in•FMabgweat pawn Nee rawest Ulmu have any quads*awe the reamed.Meuse fed free to tae us at 4004734 m Mon 288. Berl a sa 14.1114— Tne-testy NaaWcat 0.nnnwt Cafe No.11.014 Supplemental Appendix Page II?of IEN Page 280 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUB1lC HES, )ITEM 7A &Z REGULAR MEETING JUNE 18,2014 r•. n `'I(ODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT . 7101111.1 ur Nle.ILV•IIew.Jwic ALMA 11111142411.110041•1738 n/eaeSA.In InYllea emcee yMk Iamb eetONan ISM nep a eaALe Nowt LMknal-l.S bpy •N Wes epgeen.tneae Ow.Me4nM,Ma aeon. Applicant�PGC.Hq. M101mellon Property comes rums: rJ GAT et"R"1fEf 1a�ic_ Property aural mailing Steve: 2705 Mitt'et emtc, Ch: KODAK mat ALASKA JJno: 99/dS- H0111101911e: WoMpeaa: 3215 II applicable,Apnt nn: MU44CtC e r-4-,, _)I IA.t- Nance nett;Stria 2705M/1.1.- 25+9 QUAD cat': Kaf)IA1. sin:AI.ASK.4 zo, 9940/5- It>tl.pmlle:49&-ss/e work atone: 4.8-e-32/S )Eroperty Information LepelDeeoltn LOT 5-i 12..58. 3218 Pall me Of popery: -151 t-.1ESS Primed use apmpay: N./ACEI-100%6 Applicant Cattllioallon {fa apaseSerstInd pµ—IonSMM eI M petme MnlnI uY Y nenlMbae win 1a' ` we.a1 aRacdn S.Oe.�1 09h �/� 'IMI/ MAAhet t BOWE, Dole gNn Otl. STAFF USE ONLY �7 '�" Code BedMt(e)lnmlne: n. 21.03 D Ccnt:IO u,aY 1,tt5 y Caa laal Um Perna Esapwn Vanua Tala la Retire out aaw••eenawa-)Si _ Zoning gulp Nan t0 Alw,,rkm.aeplb: A a , 9%-oa f Case No.14 014 Supplemental G ppeM4 Page 118 of 160 Page 281 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 Pl/INIC HEEDITEM 7A 2 REGULAR MEETINGJUNE 18 2014 7".13A0• aCac.)44,4 -abaser-precAs ----actoseo wArtektoce Lo-y s- u,S SZAB 4/19/91 .Z7F-XPOr-mt Fbg. 91 0',IA I.- LISE. 1-S-CsioT van' 41d, Goya- 20E.4.2. C;..t• A to flarit eo,a.s..,tivAesj LoT LII4E-- - - n't 14 lb ot 'Bost+-1E.,55 t ,t4 n.I I P NV' 1",}: 8 b • 3. ittar a 8 < (Av. 149a l'ir 501 Can No 14 oNSupaitmemat Aoand.Page 119 01160 Page 282 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land AGENDA ITEM #13.C.1. lJ PUBLIC`'ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 F • '' Kodiak Island Borough 7ID NULL RAY RO •e �� t. KODIAK,ALASKA 116154040 s'l .I Z • m ONS(117)alms May 16,1991 Michael'B .s Brechan Enterprises.Inc. 2705 Mm Bay Road Kodiak.Alaska 99615 RE: clgiiii4191:0151,Request for the subdivision of Tract SI, U.S. Survey 3218:creating Lots SIA and S1B,U.S. Survey 3218. 173 Island Lake Road Dear Mr.Brecham The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 15, 1991. gantedprellmtaaey approval to the request cited above, subject to the following conditions Iin addition to the requirements of Chapter 18,50 Anal Plat)of the Borough Code): 1. No further subdivision of Lots SI-A and S1-B, U.S. Survey 3218, is permitted until each lot has been rezoned to a single,appropriate zoning district An appeal of this decision may be initiated by any person or party aggrieved by filing a masa notice of appeal with the Borough Clerk within ten woridng days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate fee. Upon commencement of an appeal, the decision appealed is stayed until the decision on the appeal becomes final. The approval of the preliminary plat shah be affective for twenty-faor.(24) months from the data of approval. After this time,the preliminary plat shall become null and void unless an extension of time is granted by the Commission prior to the expiration of the preliminary plat. Please bring this letter when you come to our office to submit a final plat for approvaL For your information, State of Alaska regulations (18 AAC 72.065 enclosed) require that all subdivisions be approved by the Alaska Department of K1BS213217 Case No.14-014 Supplemental Appendix Page 120 of 160 Page 283 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. OPUB L� IEARING ITEM 7A P&L REGULAR MEETING JUNE 18,2014 0 C Kodiak Island BorOugh Beechen Enterprises,Inc. May 16, 1991 Page Two Environmental Conservation(ADEC). It Is your responsibility to submit a copy of this survey to ADEC. ADEC approval may be contingent on certification by the City of Kodiak that adequate capacity for wastewater treatment exlstn at the City operated wastewater treatment facility. This certification goes beyond the scope of preliminary subdivision approval granted by the Borough Planning and Zoning Commission, therefore. inability to obtain this certification may result in delays in the final subdivtaim approval process. Please see enclosed letters from Gary Bloomquist,Kodiak City Manager for further information. The Comedian adopted the following findings of fact in support of their decision 1. This plat meets the minimum standards of survey accuracy and proper preparation of plate required In Title 16 of the Borough Code. 2. Theis plat meets rill the requirements of Title 17 of the Borough Code. 3. This plat Is genially consistent with adapted Borough plans and provides a subdivision of land that supports those plans. If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Eileen Probasco,Secretary Community Development Department enclosure: 18 MC 72,063 cc: Barry Still,Beechen Enterprises,Inc K.1BS213218 Case No.14-014 Supplemental Appendix Page 171 or 160 Page 284 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC�.ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 0 Ci The motion was seconded and CARRIED by imanimous roll tall vote. M) Case_BBi-016!Request for the subdivision of Tract Si, U.S. Survey 9218, Creating Lots SIA and SIB, U.S. Survey 3218. 173 Island Lake Road. DUANE DVORAK indicated 45 public hearing notices were mailed for this case and none b0) were returned. Staff recommended approval of this request,subject to conditions. Regular Session Closed. Public Hearing Opened: Barry Still, agent, appeared before the Commission to answer questions and to express support for this request Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval of the subdivision of Tract Si, US. Survey 3218, creating Lots S1-A and S1-B. U.S.Survey 3218:subject to the condition of approval contained in the staff report dated May 7, 1991: and to adopt the findings contained in the staff report dated May 7. 1991 as'Findings of Fact'for this case. CONDITION OF APPROVAL 1. No further subdivision of Lots 514 and 51-B, U.S. Survey 9218,is permitted until each lot has been rezoned to a single,appropriate zoning district FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 18 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. KIBS213219 P ez Mmueer Ny'es,sme P'p11 ofa Case No.L4-014 Supplemental Appendix Page 122 of 160 Page 285 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBI_AEAAING ITEM)A P&2 REGULAR MEETING JUNE 18,2014 a c, S. This plat Is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION to require that the applicant be sent a copy of the letter dated April 19. 1991 from the City of Kodiak to the Department of Environmental Conservation concerning connections to City of Kodiak Sanitary Sewer Collection System. The AMENDMENT was seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. NJ Case 891-018. Request for subdivision of Lot 4, Block 9, Miller Point Alaska Subdivision.First Addition,creating Lot 4A and 4B, Block 9, Miller Point Alaska Subdivision, First Addition.(509 Mallard Way). DUANE DVORAK indicated 24 public hearing notices were mailed for this case and one (l) was received opposing this request. Staff recommended approval of this request subject to conditions, Regular Session Closed. Public Hearing Opened: Seeing and bearing none. Public Hearing Closed, Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the subdivision of Lot 4. Block 9, Muter Point Alaska Subdivision, First Addition,into Lots 4A and 4B, Block 9, Miller Point Alaska Subdivision, First Addition, subject to the condition of approval contained In the staff report dated May 8, 1991 and to adopt the findings contained in the staff 015213220 P GZ4Wew.Nom Is.Met Page aaor61 Cale No.14-014 Supplemental Appeniie Page 123 or 160 Page 286 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • OPUBLI DARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 i C... • Kodiak Island Borough • • ( /; 710 NIL NAY ROAD t;: .p 1 NN�i w KODIAK,AIAIKAmNIUWO 411311 i Err t C• - r PHONE(1wl Y4wN .. A et. C . L`yer� i TO: FLAT/Ur/IM O ADENC111. " r fl o Alaska Department of Environmental Conservation VI Ca Alaska Department of Transportation/Public Facilttes V.:, 4); City of Kodiak Public Works Department Fns Protcetlon 01 Board of Supervisors •Kodiak Island B oa`_Engine Kodiak Electric Aeaodatlon Engineering Department Service District#1 Board of Supervisors Telephone U ties of the Northland,Inc. PROM: rim ty Development Department Secretary • DATE: April 22, 1991 • RE: Cate 881-016. Request for Subdivision of Tract Sl, U.S. Survey 3218, creating Lots SIA and S1B, U.S. Survey 3218. (Brechan Enterprises) The Kodiak Island Borough Community Development Department received the enclosed plat for review and action by the Kodiak Island Borough Plmnmg and Toning Cammlaebn at their May 15, 1991 regular meeting. This meeting will begin at 7:30 pm In the Assembly Chambers, 710 Mi9 Bay Road. Kodiak, Alaska. We would appreciate your review and comment regarding this Proposed Plat The week prior to the regular meeting, on Wednesday. May 8, 1991, at 7:30 p.m.In the Kodiak Island Borough Conference Room,the Commission will hold a wmimeseion to review the packet material for the regular meeting. Theref ore,we will need to receive your&mattes no later than 6:00 p.m. on Friday. hay 8, 1991, in order for your comments, suggestions, or requests to be considered by staff and discussed at the packet review worl:mi.sion. If we do not receive a written response from you by May 3, 1991, we will conclude that you have no requests or suggestfooe. Our FAX number, should you wish to use It. Is 488-2886. If you have any questions, please call the Community Development Department at 488-5736,ectensmo 255. KID3213721 Cale No.14-014 Supplemental Appendix Page 124 of 160 • Page 2B7 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUab�EARING ITEM 7A P I,Z REGULAR MEETING JUNE 18,1019 C:Pllauc MEANING mid V14M Kodiak Island Borough MEMORANDUM DATE: May 7, 1991 TO; Harming and Zoning Commission FROM: Community Development Departmentg5 SUB): Information for the May 15, 1991 Commission Meeting CASE: B91-015 APPLICANT. Brechan Enterprises . REQUEST: Subdivision of Tract SI, U.S. Survey 3218, creating Tracts SIA and 51B,U.S.Survey 3218. LOCATION:Tract 51.U.S.Survey 3218(173 IslandLake Road) ZONING: B—Business,1—IndusMJil,142--Two-family Residential Forty-live(45)public hearing notices were mailed on May 2, 1991. Date of site visit May 7, 1991 1. Minimum lot size: B--Business-None, 122--Trvo-Family Residential-7.200 square feet Compliance: Yes 2, MInlmum lot width: B—Busmesa-None, R2—Two-Family Residential-80 feet Compliance: Yes 3. Existing land uses: Outdoor Storage Compliance: Yes 4. Existing structure's)on the property: None Compliance with setbacks: Not Applicable 83BS213222 hsa.l-015 P.pe l or? P&z,.LT Is,MI Case No.L4-014 Supplemental Appendix Page 125 of 161 Page 288 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • C) PUBLIC-4RING ITEM 7A P&Z REGULAR MEETING JUN E 18,2014 C� C' PNHUCHEAR=t[P21VIM Compliance with other zoning regulations: Yes Encroachments: No 5. Topography. Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet minimum slope requirement Yes 8. Physical Features: Wetlands,streams,drainage courses: Yes(See Comments) Need for driveway/access restrictions: No Adequate line of sight Yes Adequate access for additional traffic volume: Yes Adequate arrPss from a safety standpoint (e.g..road grades,line of sight considerations): Yes Neighborhood character(e.g.,existing development characteristics,including the size and shape of existing lots,the extent of existing development, and the topography in the neighborhood): Medium Density Residential m$)nhnika Acres Subdivision, also surrounded by other residential lots (developed with a church)In Holland Acres Subdivision as well as some business zoned lots currently used for residential. Tract S-2, U.S. Survey 3218 is currently zoned and used for I--Industrial activities. KIH5213223 Can WI-016 Posed of 7 Pet Za May 16,l891 Case No.14-014 Supplemental Appendix Page 126 of 160 Page 289 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PU6E'._A EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 QPIIBLM H AHNG Mild V144 Double frontage lots shall not access onto designated collector or arterial streets unless topography allows no reasonable alternative: Not Applicable Flag Iota? A single stem lot shall have a note that further subdivision is prohibited: Not Applicable Adequate access for fire apparatus: Yes Utility Installation meets Title 13: Not Applicable Common wall or zero lot line: Not Applicable Frontage on dedicated public right-of-way: Yes Other road and utility improvements required before final approval: Not Applicable 7. Existing Flat Restrictions: No Compliance: Not Applicable 8. Coastal Management Applicable Policies: Duamesa I looment 1. Natural Features Dredge and fill, excavation,shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port,harbor, dock,business and energy facilities-if permitted under applicable regulations. Consistent: Not applicable. This action does not Involve alteration or disturbance of anadromous streams,tideflats or wetlands. KFBS213224 Cale eala1E Pap saf7 PA 2,14y141091 Case No 14.014 Supplemental Appendix Page 127 of 160 Page 290 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • `J PUBLIC..:ARING ITEM 7A P&/ZZ REGULAR MEETING JUNE 18,2014 C 111.913C 1P.1apO n8N v M 2. Natural Selina,Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views,to the extent feasible and prudent. Consistent: Yes. This site is not located along the shoreline or in an area of high scenic value. 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 8 AAC 80.040(Coastal Development)and 8 SAC 80.110(Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent Not applicable. This action does not involve any dredging or filling along the shoreline. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns,coastal processes and navigation. Consistent Not applicable. This action does not involve development in or over the water. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent,between business areas.and major public tranaportatien routes and between business development and adjacent non- business properties in order to minimize conflicts between land uses. KIBS213225 Cne891-010 Page,el] P&ZMg a, tool Case No.14.014 Supplemental Appendix Page 128 of 160 Page 291 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. (I) PUBi)FARING REM 7A P&Z REGULAR MEETING JUNE 18,2014 Kodiak Island Borough KENO APRIL 25, 1991 TO: COlOEUNITY DEVELOPMENT FR: ENGINEERING/FACILITIES RE: CASE 051-015 ENGINEERING/FACILITIES WOULD LINE TO REVIEW ANY DRAINAGE PLANS AVAILABLE FOR THE PROPOSED DEVELOPMENT IF THE Z4" CRP ON TEE LAST PROPOSED LOT LINE OP EDT 5-1B IS DISTURBED. RECEIVED APR 2 51991 COMMUNITY DEVELDPNENT DEPT KIES213232 Case No.14-0la Supplemental Appendix Page 135 of 150 Page 298 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLICDARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 Telephone Utilities of Alaska,Inc. Telephone Utilities of the Northland,Inc Park Telecom,mc.Co,r awes 35540 Assi0 aoukn,o Ancmn;e,Alaska 50503 IxFOnoxi April 30, 1991 (301I 552.1231 Eileen Probasco,Community Development Department Secretary Kodiak Island Borough 710 Mitt Bay Road Kodiak,Alaska 99615.6340 RE: Case S91-015 Dear Eileen; Having reviewed the following action,Telephone Utilities of the Northland,Inc., is requesting a 5' (five) foot utility easement be granted for each side of the existing anchor located at the northeast corner of proposed Lot SIB of U.S.Survey 3218. Request for Subdivision of Tract SI, U.S.Survey 3218,creating Lots S1A and SIB,U.S.Survey 3218. (Brechen Enterprises) If you require any further comment with regard to this action please advise. Sincerely, TELEPHONE UTILITIES OF THE NORTHLAND,INC. w.:ua:,.,..a. William J.Hansen Senior OSP Engineer (1$$213233 WJH:po cc: file RECEIVED BAY 61991 CONNUNITY DEVELOPIfEN1 DEPT Case No,14-014 supplemental Appendix Page 136 of 160 Page 299 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land,,, AGENDA ITEM #13.C.1. i) { 09130 LET aged xipuaddv Iewawalddn5 tta tl'°N ase) I , _ fi1 ll 11 . . s 1 ' 1 !; i 0 “.,t— ' ' I \I iii , rt j fea '+ ;' `— \. Ckti5 1 I N .,./I o tz . I;, w l `�a 7 � --, r nr — --te 'I pi i jI. J 1 IL 1I oa4401 OZ 6GC.'' I ( P - 00't 9t / I 3, OC.9 a 1I r — I I 1 i ._ 1 I "t 1 S• r it r .n I 0 O 0 _ PTOt'813N(if 9N1133W UV1t 93N2 I d VL W3119NI8V3H)118Nd Page 300 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • PUBLILII ARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 0 C. MEMORANDUM TO: Eileen Probasco, Community Development Secretary FROM: Matt Holmstrom, City Engineer' ' — SUBJECT: CAGE 891-015 Request for Subdivision of Tract el, USS 3218, creating Lots SlA & BIB, USS 3218 (Brecban Ent) DATE: April 26, 1991 Please be advised that the City has reviewed the subject plat and would like to request that you show the existing water location for proposed Lot S1B. sic to v°3 tUar ON0°IcXQ4 K18S213235 Case No.14-014 Supplemental Appendix Page 1.38 of 160 Page 301 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBL.:NEARING ITEM IA P&Z REGULAR MEETING RUNE 18,2014 r Q `• ' Kodiak Island Borough e • •0 • e r' 710 Mal LAY ROAD KODIAK,ALASKA 11611-1340 n P140141 1101)411.5734 VY,ti i April 30, 1991 Michael Brechan Brechan Enterprises,Inc. 2705 Mill Bay Road Kodiak,Alaska 99615 RE: Case 801-015 Request for the subdivision of Tract 51, U.S. Survey 9218,creating Lots 51A and S1B,U.S. Survey 3218. 173 Island lake Road Dear Mr.Brechan: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their May 15, 1991 regular meeting. This meeting will begin at 7:30 p.m. In the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular meeting. on Wednesday, May 8, 1991. at 7:30 p.m.In the Borough Conference Room(#121),the Commission will hold a workseanton to review the park.t material for the regular meeting, You are invited to attend this workeesalan In order to respond to any questions the Commission may have regarding this request if you have any questions, please call the Community Development Department at 488-5738,extension 255. Sincerely, Pia Eileen Probasco,Secretary Community Development Department cc: Barry Still,Bre han Enterprises,Inc. RfBS213236 Case No 14-014 Supplemental Appendie Page 139 of 1E0 Page 302 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C. 1. CT) PUBtIL...ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 KO�sIAK ISLAND BOROwH COMMUNITY DEVELOPMENT DEPARTMENT 710 Min Bay Road.Krdufr Alaska 99616 PublE Hearing it VI-M PUBLIC HEARING NOTICE A public hearing will be hey on Wednesday. May 16, 1991, The meeting will begin at 750 p.m.m the Borough Assembly Chambers,710 MID Hay Road,Kodiak.Alnla. before the Kodiak Inland Borough Planmog and Zoning Conmzlaaon, to her moments.if any.on the following request: Cue 891.015 Request rar the subdivision of Tract St.U.B.Survey 9110.creating Lots B1A and SIB,U.S.Survey 9216. 173 Island Lake Road. Beehan Enterprfau. If you do not wish to testify verbally,you may provide your comments in the space below.or In a letter to the Camnunry Development Department pakg to the meeting. 'Ina mace II kerb'melt to you lame oar mo r"total'you we•pnpcp aarar In ae we of tae ngam. If you have any questions about the request,please feel free to cell us at 46&5796, edmalon 255. Toes Must YAWNAelinm Tie Fusion aaalplbe Cetamee: KlBS213237 Case No.14-014 Supplemental Appendix Page 140 of 160 Page 303 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PURL._.i ERRING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 \ 11 _ —_-sets—I_ONYF e _ __ «oLLamo acgEs r 'air— SYBpYn9Rt / Vii,_ ... a / r 4C i - ISI S-_IB-- . . � .�, 'IL-•\ / -- • 1 III ... / • ;/'% 's i0�•0 St t r / ii 1 11, \\j: 1 Lors-IA - 'a .: r"\ \ rA I t , .� , ' 1 i4 {.,, .4 I, / .! / / r iii' I /1/ / I \,.. :if/ • i ',LB-- ft 1 , "1 ' ter ° /7 f TRACT f ....L / 1021E:DM. ' / ,/// / CORDM IRK, , ' 41' / co Nor ATPW 1D /. .( I tN69U9bIYIfIDM / ��! JTOK>GRIIVNrC. 91USVEY r .} a/.At(ygAW IN41E1C (t f SoBPM�ON MtRKT ��I I / 5-1,uS'Saz143 1QBS213236 591-o'5 Case No.14 014 Supplemental Appendix Page 141 of 160 Page 304 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBlit CARING REM 7A P&I REGULAR MEETING TUNE 18.2014 Q CI At C....71FS. Kodiak Island Borough ca 0�' 414°4.YO£`hj9j CL mr TO: e400y Kodiak Is Borough Engineering and Facilities Department 9'7, FROM deen ty Development Department Secretary DATE: April 18, 1991 RE: Plat review for completeness/Brechan Enterprises The Kodiak Island Borough Community Development Department has received the enclosed plat We need your comments on the 'completeness' of the plat within three (91 days of the date of this letter, as we only have five IN days to review the plat for completeness under the code. if we do not receive a response from you by this date,we will conclude that you consider the plat complete for the purpose of further processing. Your comments should be directed to Duane Dvorak,Associate Planner. COMMENTS: - PA.•ren•Yf'P tdeAr,oats 4 L4.IvZeor#r') o_ o-.E 4-4e7— i.,.r.a.be nLr— TnnwrL A f &gamma rn,rc 44., t6.go.09'0. 74 Jr,nnr.,r,L ;0..+,1eLrret L'. f-._.J....s7..�. �.enot �v �n 4,,6r.,.,.L 76 We ,..-..r. .c T l Mrtr.Yie An..r�ACaP �prrn Y; jr..Y .1Vrn•r...:Gerw Tr.�.J r,�.s, fiwr.y-vl 'dui"er.,P J•ej M..-/We r4..4 .•nL' . hat.b...rtebP 70AaCt/Pd S LA Dr L1 J" ta"3.1 Inr CfAwl nr"(ror 1"C6 nrw+b-/. p,'vN ern NrPO * E e.,.h rem 7-6D el f/ ?r.INEA ear"C..,.F.r. _/fyinr, .K14 c?) V,-/F KIBS213239 RrgJed: Name&Title Date: Cale No.14.014 Supplemental Appendi.Page 142 0l ISO Page 305 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C. 1. :) • P11011 TEARING ITEM 7A P&L REGULAR MEETING JUNE 1a,2014 0 0 •. , , y ; Kodiak Island Borough iv�, Ai 710/Nn lay ROAD ,�f. . , KO01AK,ALASKA[a116•W0 5 t PHONE(107)41411]{ ,Y 107;. TO: T PLAT REVIEWING AGENCIES Alaska Department of Environmental Conservation Alaska Department of Transportation/Public Facilities Calmest= City of Kodiak Public Works Department Fire Protection#1 Board of Supervisors Kodiak Island Borough Engineering and Facilities Department Kodiak Electric Association Engineering Department Service District#1 Board of Supervisors Telephone Ti ties of the Northland,Inc. FROM: Eileen, ob cis,Comavnity Development Department Secretary DATE: April 22, 1991 RE: Cue 891-016. Request for Subdivision of Tract SI, U.S. Survey 3218, creating Lots SIA and SIB. U.S. Survey 3218. (Brechan Enterprises) The Irnalnk Island Borough Community Development Department received the enclosed plat for review and action by the Kodiak Leland Borough Planning and Zoning Commission at their May 15, 1991 regular meeting. This meeting will begin at 7:30 p.m. In the Assembly Chambers, 710 Mil Bay Road, Kodiak, Alaska. We would appreciate your review and comment regarding this proposed plat The week prior to the regular meeting. on Wednesday, May 8. 1991, at 7:30 p.m.in the Kodiak Island Borough Conference Room,the Commission will hold a workseealon to review the packet material for the regular meeting. Therefore,we will need to receive your comments no later than 5:00 p.m. on Friday, May 5, 1991, in order for your comments, suggestions, or requests to be considered by staff and dlsessied at the picket review workseedon. If we do not receive a written response from you by May 3, 1981, we will conclude that you have no requests or suggestions. Our FAX number, should you wish to use it Is 488-2586. If you have any questions, please call the Community Development Department at 488 5736,Walston 256. K)B5213251 Case No 14-014 Supplemental Appendix Page 143 of 160 Page 306 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIi...ARING ITEM 7A P&Z REGULAR MEETING/UNE 18,2014 r SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD,KODIAK,ALASKA 99615-(X7)4065776 11EAF WTg17$W6ML usaaE0sVaIV 110R1iVO W91FED N ORDNVk6WNO APPLICANT INFORMATION Applcanre name: ttcrCcttrc\J Ftt"L1Z[tctst 1tJC . Applcatamdlinp address: 7-lnT t ..*.L ASY--9 tCO Vrn CKy: leant1. 4 dale: Pct LtcvMr ZIP: 956 Home phont Work phone::11173(<- 3 Z1 S d appdWhle,agenfzNlvsyols name:y11 tC44 C.-e'emlIi1 Swirl Agents/surveyors mailing SNees:f 7QC/net. a40 Cdy: g0/7/./}A: State:4.4-C&4 ZIP:99b'S Homeplane: c-538 Work phone: 4.-mss PROPERTY INFORMATION Ctmemlepeldesaipdorc titvtct c-1 nt- use-. -57-Y€\ Wtc. 171,* -7Z-S 114 rte 1W01 PrK. vethtrA u- cncvT\C� 1e-,(1011tic Iet_*SY_Yt Proposed legal description: I OTS s- IN Pr O S-1 IS n It-- 1-vi k— tr1 fE , Ft<-i-i ne--sCct\rn0%1 STAFF USE ONLY XPTan7wR —AlnlairLemQeq Viatamettasesr 020241 AppicatIon accepted by 17e4 F bire‘," r Dare A(pled ecce 591—o t5- K18S213252 Case No.14-014 Supplemental Appendix Page 144 of 160 Page 307 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBL. •IEARING ITEM 7A P&2 REGULAR MEETING TUNE IS 2D14 C3 C s e •, e tin Kodiak Island Borough a . 710 MILL SAY ROAD h• KODIAK PHONE(907)s16.673•6d10 t January 27, 1987 Mr.Michael C.Beechen,President Beechen Enterprises,Inc. P.O.Boa 1275 Kodiak,Alaska 99615 Dear Mike: Subject: Case No.5-86-011,Subdivision of Tract S-1,U.S.Strvey 3218 Enclosed is a copy of the letter we received from the State Department of Transpm- tatlon and Public Facilities in response to our request for their review and approval of your subdivision plats for Tract S-I. As you can see,they will not allow access to Island take Road from any of the individual lots. I checked with DOT/PF,and they are going to require at least a 330-foot minimum sight distance for the future road access to Island lake Road. Sincerely, KODIAK ISLAND BOROUGH ENGINEERING DEPARTMENT David C.Crowe,P.E. Borough Engineer sour Enclosure cc: Horizon Land Surveying,Inc KIBS175006 Case No.14-014 Supplemental Appendix Page 145 of 160 Page 308 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. OPUBLA JRING ITEM 7A P 5 ZZ REGULAR MEETING JUNE IA.2014 ^ E\C7 n ^ mvr rowJrACOVrANOr DEPARTMENT OF TRANSPDaTAT10X AND PUaIIC JA[IIITIEy 41n AVarmON AVENGE p0.001 IMRO f K 4NCNDIACL MAMA IPJIJIENR CENTRAL REGION-PMNNING . (R1fIf1-IIR mon JsLIal January 16, 1987 RE: Kodiak Island Plats v a ri1�I.:711 Mr. David Crowe (It�I+LS Engineering Department Kodiak Wend c/3 JAN 261587 .Borough 710 Mill Bay Road Kodiak, Alaska 99615-6340 KCCO.N ISlPNO B➢ROUGII Dear Mr, Crowe: EHGINEERIN6 BEPARTI:ENT The Department of Transportation and Public Facilities has reviewed the following plat and has these comments: Brechan Subdivision of Tract 5-1, U.S. Survey 3218 The access road intersection with Island Lake Road must be located to provide optima sight distance in both directions and provide safe access to the subdivision. Additional access points along Island Lake Road will not be allowed because'of sight distance,problms. A note should be.placed on the plat`prohibiting any direct access to Island Lake Road from any lots in"Blocks 1 and 2. We believe reasonsabli access to these parcels can be provided off of an internal subdivision reed. Thank you for the opportunity to cement. Driveway permits and drainage channels should be reviewed by Bob Boyd, Kodiak Area Maintenance Supervisor. Sincerely, m r J urge Kodia /Bristol Area inner Ida cc: Bob Boyd, Maintenance 6 Operations, Kodiak KIBS175007 Pam Franger, Maintenance 6 0 eetions Rollin Fredrickson, Traffic 4 Safety Bel Kozlowski,l r Eight-of-Way Manager, ,/ ,}- Ed Mulcahy, Protect Mg �r Rernnnelssence 'w_',' 1/4Rdli.ar�' / /97 Case No.14014 Scpplemencal Appendt Page 146 of 160 Page 309 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUB. FARING ITEM 7A P&7 REGULAR MEETING JUNE 18,2014 0 0 �� a�as smrcowerRGOVERNOR a a DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES ail AVIATION AVENUE 1.0.80X IWe AUUOIWAG&WOO MOM. MOD l IIGOV-PLANNING (11111 Elmo RIM n.4-74) January 16, 1987 RE: Kodiak Island)Plats ''�1 Mr. David Crowe Department �R 1E© VIll I Engineering Department I„j (± Kodiak Island Borough JAN 261987 710 Min Bay Road Kodiak, Alaska 996154340 NOOIAK IStANO BOROUGII Deer Mr. Crowe: ENGINEERING OEPA0TIFENT The Department of Transportation and Public Facilities has reviewed the following plat and has these cements: Brechan Slbdlvision of Tract S-I, U.S. Survey 3218 The access road intersection with island Lake Road must be located to provide optlmua sight distance in both directions and provide safe access to the subdivision. Additional access points along Island Lake Road will not be allowed because of sight distance problems. A note should be placed on the plat prohibiting any direct access to Island Lake Road from any lots in Blocks 1 and 2. We believe reasonable access to theie parcels can be provided off of an internal subdivision road. Thank you for the opportunity to aliment. Driveway permits and drainage channels should be reviewed by Bob Boyd, Kodiak Area Maintenance Supervisor. Sincerely, Kali- !Bristol 4P1 Area • inner tm K1BS175008 cc: Bob Boyd, Maintenance A Operations, Kodiak Pam Franger, Maintenance a 0 eations Pollan Fredrickson, Traffic A Safety Bel Kozlowski, jecttManagey „f ,itc Ed Mulcahy, Project Manager. Reconnaissance ". „/_�'dLda�`�" amid `� ip°�` goo Ow 97 Case No,14-014 Supplemental Appendix Page 147 at 160 Page 310 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC', ARING REM 7A P&Z REGULAR MEETING JUNE 18,2014 NINO CI ds the front ford setback for Lot 3C.kall he d Irow Ica the nor lot line of Last Ie 1. Plans the following Cote on for final plan 'Further .obdleisl.e of Lot 3C shall not be•tlwed." 1. Pro 1de ct ltlty'neon to to feet etcher•ldt of the la lines coon to Let.31 sod 3C,and Lot. IC sod 3D, at �3 twisted by tfdl '4 S. Provide a signature tine and rateo'u Acknoledoeat for Clolt, IM. y` 4) CAS;s-l+=o1l'• Scbdlr4lw of Tract 1■1, U.S. Survey 3211 is y' lsrs'a.atoutbtur s Tract 1-IA. urethan tnnrprLn., Inc.)',•I� CdOII5S1DROt IGwlll indicated that Al.zees had been nosed,11 Ira the geed.. 11 "I 5-1S-0I2. sehdb4la of•?Artist of tot 1,0.1. none, it.. 15 E to late 1 through F, Bruhn Point; generally looted at the yIJ be.. of Marla.sill, Waves Bap. (WL6. Inc.) J L I DOT RWE Indicated 10 public hearing notices cot.ailed let 1; this cum apt I was reoaed trot the 17th Dittrset USW Recdeseebte opposing this teener )' leabr;aeda Cloud. 111, Nbl4 Batting Opened; • Sub;and Jasmine note. Public b;ular en•ion Opened. Ctu llS;m.0 u MOVED TO MVO TEC P.HUIDAat mainstay• } to TWt 411.1CAM.for r.eub.ltul Othello the toted dnrlepatt S plan lot Sohn Point and bbmtien eoewrin;the p..tim ratted by the Coaunity lnrbmnt Dmartant eulf. The notion wee n.tnoded nd'Ceelµm by^anions all tall vets. plls10111Tt OMIOfnOT IMPART/En Std;/COtSTtO1131 I. M ulna spawn In the small'treat If an,Nat will Flab end CC's tenons bet ' 1 1. That typo el materials ion doped es the poverty. Net I they located and what a effect.rill thin till bn. are ca development? .' I. la theta n.dqutt.op Iy of potable not? 4. Will Alaska Department al taltaa.ual Cmanatla ODIC) ' Mtoo ebs anbdhi.la sr a.lot ad if a. will .}. ugW.red septic system be required! i 5) CASE 1-11I-01). 114ht-ef.,ey Plat. U.s. top It11 iartnb sulk i j tot Imago. (Kodiak Satan Pattah) DACE MOM SMintad 1 public Serial betimes ore ailed In SCI ems ooe and none are rand. yg Lucas Rao read•awe Ira tierce Mmgmnt @Haar, led ,! Cwu7•fined bay u, lead. A dbm.bn nosed convict Os Coabedaana.b;brarb; Dtartant stall gN Gaits Dnnlamot Deparbast elan. Regular lmtn Closed. Public Wring Opened; ffiBS175009 Solo and hearing one. • t S S tfWLu OUTING 11 BAT 21, 1965 1marzS , :BP Case No.14-014 Supplemental Appendix Page 148 of 160 Page 311 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. UBL, EARING ITEM 7A P&2 REGIkAR MEE7iNG JUNE 18,2014 0 a f jiy Kodiak Island Borough /T �R 778 MILL SAY ROAD y-t . ;f v., gO PHONE E(O1) t%tf•i "t F, `f •. PNONE(9a7j tae•f77a k ny_ "s14' January 2,1987 Ma.Janet George Department of Transportation and Public Facilities-Planning P.O.Box 196900 Anahm'age,Alaska 99519.6900 Dear Janet: Subjects Proposed Beechen Subdivision of Tian S-1,U.S.Survey 3218 A copy of the proposed grading and drainage plan for the Erection Subiist:don at Tract S-1,U.S.Survey 3218,along Island Lake Road,is enclosed- This proposed subdivlekm was granted preliminary appioval by the Planning and Zoning Commission on July 16,19867 and because it creates additional lots fronting on Island Lake Road and requires revision of existing drainage features within the island Lake Road right- of-way,we are forwarding it to DOT/PF for review and comment. Future development of Tracts S-lA end S-LB will involve development of a public road accessing Island Lake Road directly opposite the existing Melnitea Lane. Lots 1 through 7,BIock 1,are zoned Residential for development of duplexes,Lots 1 through 7,Block 2,and Tract S-I A are zoned for business development,and Tract S-IB is zoned for industrial development. If t can be of any assistance during the review by POT/PF,please call me at 486-5736, extension 275. Sincerely. KODIAK��ISSLAANNNDD BOROUGH ENGINEERING DEPARTMENT David C.Crowe,P.E. Borough Engineer amm 10B5175010 cc: Brechan Enterprises,Inc. Horizon Land Surveying,Inc. Case No.14.014 Supplemental Appendix Page 149 of 150 Page 312 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. OPUBLIIDARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 C 0 Kodiak Isla rzrRornitcrh . aot/1AK,� P 665 766 660 Mid RECEIPT FOR CERTIFIED MAIL A Afar. MA PIS AWIMCOVW�'�RaIE PROMO ISSA linsn4 July 21,1986��ii a�wu.. J�' y�� — CERTIFIED MAIL recto o, AEtORN RECEIPT REQUESTED 4 P14T nf Ase 99GAD Brechen Enterprises,Inc Pte. P.O.Box 1275 v Cana no Kodiak,Alaska 99615 '5 and4I Whey Rot Gentlemen: Reuel me.wt Fe Subject: Case No.5-86-011,Subdivision of Tract S. a.se smwo Wain;n.ma to BRECNAN SUBDIVISION,Lots 1-7,Mo. 70 and Tracts 5-1A and 5-111 ,di p�n'a"eyiga",yer„e„� '"n'n At Its regular meeting Wednesday,July 16,1986.U, S Mal la•er•�E•., 4.41 and Zoning CommWion granted preliminary appeavl g mows wows the following conditioner 1g S.t.cn I. Applicant to submit a grading and drainage p KIBS175013 complete the grading and drainage alteration g final plat; 2. Show a storm drainage easement across Tract S-IA for the existing 24-inch culvert: 3. Applicant to Stall water and sewer services to Lots I-7,Block 1,and Lots 1-7,mock 21 4. Place the following note at the final plat: *Natural streams and drainage connees era not to be blocked or impeded.' 5. Provide such other easements as are necessary to accommodate KEA's existing facilities. Subsection 16.12.020(Fh of the Kodiak Island Borough Code stater: The approval of the preliminary plat does not constitute an acceptance of the subdivision but Is deemed to be an authorization to proceed with the preparation of the final plat. This approval of the preliminary plat shall only be effective for a period of twelve months unless an extension is granted by the Planning Commission. If the final plat has not been submitted for approval within this period,a preliminary plat must again be Submitted for approval and must be accompanied by a new filing fee. KIRS275415 Case No.14-014 Supplemental Appendix Page 1S0 of 160 Page 313 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. V) PUBLt EARlNG ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 ! Kodiakt IandBoraugh Brechan Ent arises,Inc. Case No.5-86-011 July 21,1486 - Page 2 We suggest that you authorise your surveyor to prepare the final plat for submission within this 12-month period. Sincerely. KOO/DD�IAK ISLAND 1 A� N�D BOO��R��OU�G,,HppENGINEERING DEPARTMENT David C.Crowe,P.E. Borough Engineer emm cct Horizon Land Surveying.Inc. KIBS175016 Case No.14-014 Supplemental Appendix Page 151 of 160 Page 314 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. 0 PUBLICIRING ITEM 7A P&2 REGULAR MEETING JUNE 18,2010 T ' s44-dIi lnliattaaxy sulrAivLfao ofRtrac I,o s.S ert}216 ta"i�n o€Sebttytstaaa Lt.I throve,7.Block t sod fats t tbrasgh 7, Utak 7,Stan 6-1A and Trott S-11 vitb tb.ailwtta c.dttl.aat 1. Appacat to aabait a flattop sal tribal.plea tat.pprm.i sd toopins tbs pros[*g ad dnLap alnr.tlsa batsa raurdlog rho flail plat. 2. Shaw a norm drafayt.Das..at saran tract Ma far Oa e.latlag it-{aci manta. ]. Appllciac to bush near sod Pant t.nin.to Iota 1 through 7, link 1 and Lon 1 [maps 7. !lack 2. 6. Placa rba folloMss oars so Oro Mal plan '6atsr.l straws sad draldp MOO era tot to ba blacked or topand." 3. Ingalls soh arbor maaata n et.Sawn as nordsca LL'•subtly fscuttas. 6. A l0-fnec prembslt be ptotSdad n tbs.to the stilton praaataarp plat. TM sotto.no a.tadad. 1 dasoada scant angst rbs tomtsatvwrs.Count Toeslsysat Ospartant wit sad rbgfusriag 0apart..at.raft. 10:11111 111 •'+'10 in MTh=IOU IT MIT= tba i t njilvssnt. hI. na Sated ant by celerity nu eki rat . Cseltstasrs laadiq. — 2 an sod Louu vat"so." Th.ancstlan raw calls.rd the Seto noel"as maenad CA1210 by oral ono roll call ants, 1111. bTfa 10i1p0! non vn 50 as ba.YUs• a. 031111101CA11011 Than an a timalatfw, C. I00tfS A) autos Capon fan the Caaoottl Danlepaat Duatraat• II) CAM 11-017•ragout tat a tnditloal ass permit a acnrdssca vita fracas 17.24.029 tfodltinul 0st)of to/arena Cada to permit Tana pampas seams banks u lawn to cb. t—Idntrbl inlay 0tnritt a tats I sad D,Tract A,p.g. Sinai 4441 lte thee!312 Plinio*toad boa bona nonfat to chi C) Cad v.tbauu•tcbtold tot July 13. aift ns cac.lit. It. AMIEDa m9211T1 ill 1111WR[.hand that tY Cmwtnin fin flat aproost to CASE !43-0Ohi Mal ntlrtala*1 Lot 6, /set I. aua tae.Masks ladi•iala to btu Y. 66, 6C sod 60. (Pah faun) A diwa.la snood snot the Cant.atca.n. tata..riy D.Mrtaat nag an Na. Tarrant. Tbs Cantatas d.eilS to tats no tattoo on kr. !straw'a ragmaat. bar. artass1W4U' [INO Tl KIDS:75017 !M i 1GNORS tI .Mat 163 1311 Case No.10-010 Supplemental Appendix Pare 152 of 160 Page 315 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUlL..kARING ITEM 7A P&2 REGULAR MEETING SUNS 18,2014 C4 t.l rrEM vB - A • Kodiak Island Borough MEMORANDUM DATE July 9,1986 TO: Planning and Zoning Commission FROM: David C.Crowe,Borough Engineer d.1"i SUBJECT: Case No.5-86-011,Subdivision of Tract S-1,U.S.Survey 32181 to BRECHAM SUBDIVISION,Lots 1 through 7,Block II Lots I through 7,Block 27 and Tracts S-IA and S-IS (Brechan Enterprises,Inc./ Brechan Enterprises,Inc.has submitted a slightly revised preliminary plat which fa in accordance with their rezoning request under Case 86-038,Item VI-A on your July 16 agenda. Proposed Tract 5-IA Is 3.02 acres in area and is proposed for business zoning adjacent to the Sbabafka Acres residential area and the residential portion of this subdivision,Block I. Proposed Tract S-IE Is 3.66 acres in area and is proposed for industrial zoning between the proposed business-zoned portions of this subdivision and the existing industrialszoned Tract 5-2. Several changes have been made which eliminate the need for conditions 1 through 4,6,10,and 11 of my June 10,1986 memorandum. I recommend that you grant p e/im nary approval of this subdivision subject to conditions S,7,8,9,and 12 of my June 10,1986 memorandum, MOW cc Owner/Subdivider Surveyor I€IBS175018 Case No.14-014 Supplemental Appendix Page 153 of 160 Page 316 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. (-) PUBLIC,FARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 ri ITEM VII �'/^/.�q/,,�`��YJ�• KodiaklslandBorough " '•r;�'( MEMORANDUM DATE: June 10,1986 TO: Planning and Zoning Commission FROM: David C.Crowe,Borough Engineer0AM SUBJECT: Case No.5-86-011,Subdivision of'[tact 5-1,U.S.Survey 3218;to Brechan Subdivision,Lots 1 through 15 and Tract S-IA (Brecban Enterprises,Inc.) The applicant desires to ante seven residential Iota and 8 business lots fronting on Island Lake Road,with a large industrial tract as the remainder. The property Is zoned RR-I,and you also have a rezoning case before you to initiate the necessary zoning changes. The property has access to public water and sewer,but the sewer In Island Lake Road will have to be extended to serve Lots 14 and 15. Since a future roadway separates Lots 7 and 8,Lots 1 through 7 should be designated Block 1,and Lots 8 through 15 should be renumbered and designated Block 2. The elevation of the existing roadway fronting Lot 15 is so far above the existing surface of the lot that driveway access will be impracticaL Therefore,I recommend that Lots 14 and 15 be combined to form one lot with reasonable access. The existing drainage amuse Lots 8 through 15 is located in approximately the middle of the lots and will undoubtedly be revised by filling of the lots. This drainage flows into an existing culvert which begins in Lot 8 and extends to near the lot line between Lots 5 and 6. From that point,there is open drainage across Lots 3,4,and 5 to the edge of Lot 2 where it crosses Cove Drive. Due to the location of the open drainage courses and culverts across Lots 3 through 14, development of these lots will be severely limited ualess alterations are made. If these alterations are not made before the lots are sold,we will be faced with the problem of trying to control improvements to individual lots on a piece-meal basis. Therefore,I recommend that the applicant be required to submit a grading and drainage plan for approval and complete the alterations before the final plat Is recorded. The corner of Lot 4 at the intersection of Island Lake Road and Cove Drive is very close to the edge of the ex:biting roadway,limiting the establishment of a drainage ditch within the right-of-way. There!ore,I recommend that this corner be eliminated and a curved right-of-way be established. There is an existing 14-inch culvert across Tract 5-1 for which a storm drainage easement should be shown connecting with the proposed easement between Lots Z and 3. (more) KIRS175019 Case No.14-014 Supplemental Appendix Page 154 of 160 Page 317 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. PUMA. ARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 Q Kodiak Island Borough Case No.5-86-011 June 10,1986 - Page 2 I recommend that you grant ptelimiaary approval of this subdivision,subject to the following conditions. 1. Combine Lots 14 and IS into one lot; L Designate Lots 1 through 7 as Block 1; 3. Designate Lots 8 through IS as Block 2; 4. Designate the remainder as Tract 5-1Ai 5. Applicant to submit a grading end drainage plan for approval,and complete the grading and drainage alterations before recording the final plat; 6. Revise configuration of Lot 4 to provide curved right-of-way at intersection of Island Lake Road and Cove Drive; 7. Show a storm drainage easement across Tract 5-IA for the existing 24-inch culvert; 8. Applicant to Stall water and sewer services total lots; 9. Place the following note on the final plat: 'Natural streams and drainage courses an not to be blocked or impeded.' 10. Revise the exterior boundary of the plat to be continuous across the access to Tract 5-IA along Island Lake Road; 11. Provide five-foot-wide electrical easements along all road frontages,and utility easements ten feet each aide of the rear lot lines of Lots 1 through IS: 12. Provide such other easements as are necessary to accommodate KEA'a existing facilities. amen cc: Subdivider Surveyor KBS 175020 Case No 14-014 Supplemental Appends Page 155 of 160 Page 318 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLI',,CARING ITEM 74 - P&Z REGULAR MEETING JUNE 18,2674 1 0 1 _ \ N011AMD ACRES 1V l 1;l f� e■ ( 1 V A ! K, `r� /h �• r f \ !/�l !' f J:r, )4\ s (Ii d kill: ti. c J1 111�1, % ..�,�5. 1,1 '\I\ I L'V` �, , \ J Si I '`5J 1( 11 L / / \l ! 1 1 , / \ )/o /—_. �j"111 L I \ J ti li r $tn D. � I t ' j I JJ 1� i ii 1 111;lei x14:'1°'1' l r t re cr s.z k III/J/F! /!/[1. t ! ... 15/ Y J �f))�F *—t KIBS175021 Case No,14-014 Supplemental Appendix Page 156 of 160 Page 319 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. ) puBL DARING ITEM 7A r P&Z REGULAR MEETING JUNE 18,2014 Kodiak Island Borough ITEM m-A M E M O R A N D U M DATE: June 9, 1986 TO: Planning and Zoning Commission Aoa PROM; Community Development Department SUN: Revised recommendation and information for the June 18, 1986 Regular Meeting RE: CASE 5-86-011. Subdivision of Tract S-1, U.S. Survey 3218 to Lots 1 through 15 and Tract S-lA. (Reaches Enterprises, Inc.) Site visit date: April 24 and 28. 1986 1. Existing zoning: /011--Rural Residential One 2. 'Minimum lot size: 20,000 square feet Compliance: No (a rezone to R1—Single-Pamily Residential, minimum lot site 7,200 square feet; 8—Business, no minimum lot size; and I—Industrial, minimum lot size 20,000 square feet,, is underway) 3. Minimum lot width: 80 feet Compliance: No (see 02 above) 4. Maximum lot depth-to-width ratio: Not Applicable 5. Existing land uses: Vacant with outdoor storage. 6. Existing structures) on the property: Not Applicable 7. Topography: Provides good building aitee: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum elope requirement: Yea (except for Lot 15) Justifies a flag lot: Not Applicable 8. Physical Features: Wetlands, streams, drainage courses: Yea K1BS175022 Need for driveweylaccesaa restrictions: No (see comments) CASE 5-86-011 1 J18iE 18, 1986 PAZ Case No.14-014 Supplemental Appendix Page 157 of 150 Page 320 of 451 Ordinance No, FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLICTARING ITEM 7A P g Z REGULAR MEETING JUNE 18,7014 l t C, II101 V11-A Adequate line of night: Yes 9, Existing Plat Restrictions: No 10. Coastal Management applicable policies: A. Location In areas with poorly draining soils. development °here feasible shall be connected to a sewer line. where this is not feasible, on-site facilities shall be designed so as not to cause conditions that will pollute rivers. lakes, and other water bodies, including the ground water supply. Consistent: Yes B. Open Space Crean areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Yes C. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to end along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not applicable. 0. Hazardous Lends Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run-up shall be required to the extent feasible and prudent. Consistent: Tee E. Wetlands Filling and drainage of water bodies, floodvaya, beckahorea, and natural wetlands shall be consistent with ACNE Standards 6 MC 80.070 (Energy Facilities) and 6 MC 80.170 (Habitats). Consistent: Yes BUSINESS DEVELOPMENT 1. Natural Features XIBS175023 Dredge and fill, excavation, shoreline alteration and disturbance of enedroaous streams, tideflats and wetlands shall be minimized when CASE 5-85-011 2 JUNE 18, 1986 PSZ Case No.14-014 Supplemental Appendix Page 158 of 160 Page 321 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive land... AGENDA ITEM #13.0.1. PuetN:1EARING ITEM PA (f P&2 REGULAR MEETING JUNE 18,2014 l_ ITEM V11-A constructing and operating port, harbor, dock, industrial and energy facilities - if permitted under applicable regulation.. Consistent: Not Applicable 2. Natural. betting, Views and Access Development shall be conducted in a tanner that mitigates adverse impacts upon the Kodiek Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not Applicable 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACM? Standards 6 AAC 80.040 (Coastal Development) end A AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shotaeide landfills if permitted under applicable regulations for the purpose of creating unable waterfront land. Consistent: Not Applicable 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevent. adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of eater circulation patterns, coastal processes and navigation. Consistent: Not Applicable 5. Buffer Zones Buffer zones shall be established to the extant feasible and prudent, between industrial areas and major public transportation routes and between industrial development and adjacent, non-industrial properties in order to minimize conflicts between land uses. Consistent: No, unless additional greenbelts, buffers or building setback distances are provided between proposed industrial and residential lots. 6. Accessory Development Accessory development that doee not require a shoreline location in order to carry out its support functions shall be sited away fray the shoreline whenever there is a feasible and prudent inland alternative, this category includes parking, warehousing, open sic storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: Net Applicable Wetlands KIBS175024 CASE 6-86-011 3 TONE 18, 1986 P61 Case No.14-014 Supplemental Appendix Page 159 of 160 Page 322 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. PURL 1.. �IARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 t 0 ITER .411-A Filling and drainage of water bodies, floodvays, backshotee or natural wetlands shall be consistent with ACRD Standards 6 MC 80.070 (Energy Facilities) and 6 MC 80.130 (Habitats). Consistent: Yes COMMENTS: Lot 15 is located very clan to the intersection of Island Lake and Rill Bay Roads. Because of this and the difficulty in constructing a driveway to Lot 15, the Community Development Department recommends that Lots 14 and 15 be combined into one lot. This will provide for safe, adequate access and line-of-sight. If the balance of the tract is zoned I--Industrial, buffers or a building setback tine should be established on the industrial property. In addition, within the proposed 70-foot greenbelt, natural vegetation should be retained. RECORhENDATION: Based on the above torments, the Community Development Department recommends three conditions of approval and two plat notes for this subdivision, as follows: Conditions of Approval: 1. Lots 14 and 15 shall be combined into one lot. 2. The final plat Mall not be filed until such time as the zoning of the property permits the proposed lot sizes. 3. A 50-foot building setback line shall be show on any industrially zoned areas, wherever industrial areas abut a residential zoning district, Plat Notes: 2. Natural streams and drainage courses shall not be blocked or impeded. 7. Natural vegetation within the greenbelt shall be retained, except for diseased trees. cc: Case File TUBS175025 CASE 5-86-011 4 JUNE 16, 1986 PAZ Case No.14-014 Supplemental Appendix Page 160 of 160 Page 323 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBIia..fEARING ITEM 7A P 8 2 REGULAR MEETING JUNE 18,2014 KIB 2008 Comprehensive Plan WE Land Use Designation Map , Current Designation:Urban Residential $ Request:A Comprehensive Plan amendment ;;,:' Case:No.14-014 . to change the Future Land Use.Designation of;Z:r� Applicant:Alagnak,Inc. Lot/Alagnak Acres Subdivision from Urban f;.. Residential to Commercial/Business,per KIBC 17:205 eliu -64`i 1 :_ Kc483�cs 32'18 it-grill Ili 0 g, 11 f( Ve \ 4,,, A w i� cm.bme b tit, or... s�, 4 P I �e e`a . ° UO 11 _ ' al IP '834 -68, sS • ry s Subject Propery 34 A 9. ar €� ` 0 's Land Use Designations Zoning f]Industnal/L'gh Industrial Q Rural Reskientai Zoning C Open Space/Recreation Q Future Special Planning Area n Conservallon O Public Fadlities/Ownership®Water Shed REI ConneroialSusiness Urban Residential aerie I.l.nd 9awgl,G6 Community Oavalopnl.n Department ....,sw...Re.y nop.awn keoee.e oats(em).t69]]I n.s acs eo.sa w.mnrai peat. ow am nm e..mw.m na+r.vanaces f—ju szruo.e Rae a wt. Case No.14-014 Introduction Page 1 of 2 Page 324 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. C) r)PURLICucARING ITEM 7 A P&Z REGULAR MEETING JUNE 18,2014 Image.Overlay Request:A'ComprehensivefRlan'amendmenriio change Case No.34-014 the�futureELand Ui s eDestgnatio3f4ot 1eAlagnak Acres Applicant Alagnak,Inc. Subdivision,from Urban Residential to Commercial/Business' (MBE 17245).. r y Stt ,'I 0 •s E' a Au , tt i. a Vat .1‘t b c r,it 414r G QS k x atoll .t P-V , ". aa '7 r i Ai e i '+` ? , ,n a- , O . ; r ' I ti‘ i ',pH" cam.,. -0Aa± 9ay I I r-'vx �r 't e. 's. # Ir 1 s KW l' .",'W,a D *,Ai y `le"k r_< ilr'.ur±^t4ms4a t '3B'1 0 f � ' yII f a� 4 , y �,I f. 1 ♦.! f.. ♦ S4 ..ld�t .1 .---a F3ggn'' N ? \V, ' 4) �R Vet Err'--'S k Y `� ♦ +f� 2e i M / , 9x el',,: 3 ,. wit ..,�sji1 /♦ I d 4h J f ..:A� tia °.�'L�9:+i'>, '' - tea*, . N Legend Subject Parcel Lot I Atagnak Acres Subdivision -P s Kodiak mmwe«wgncs Community Development Dep.-mom ...•,ce�eaeaea r L♦xyypytteO Right aLiat.a 190714564337 vrywamwamaba mw y w:nmwmvr awns Case No.14-014 Introduction Page 2 of 2 Page 325 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. C) Q •_•' �s',,,�111"..., PUBLIC HEARING ITEM:7 A 3 •�,,;', P&Z REGULAR MEETING JUNE 18,2014 �i ALASKA STAFF REPORT AND RECOMMENDATION ITEM TITLE:Case 14-014. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1,Alagnak Acres Subdivision from Urban Residential to Commercial/Business (KIBC 17.205). DATE: June 18,2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 14-014 APPLICANT: Alagnak,Inc. LOCATfON: No House Number(NUN)Cove Drive ZONING: R2-Two-family Residential NOTICE: Thirty one(31)public hearing notices related to this request were mailed April 4,2014. One(1)written comment has been received opposing this request. SITE VISIT: Various 1.Zoning History:Ordinance 1964-5-0 established the zoning as C-Conservation • Ordinance 1965-10-0 established the zoning as Residential Unclassified • Ordinance 1980-09-0 established the zoning as Rural Residential • Ordinance 1983-15-0 established the zoning as Rural Residential One it Ordinance 1983-69-0 established the zoning as Residential Two(R2) 2.Lot Size: Lot 1 Alagnak Acres Subdivision,17,513 square Feet 3.Existing Land Use: Vacant 4.Surrounding Land Use and Zoning: North: Lot 3 Block 3 Shahafka Acres 1"Addition Use: Single-family residence Zoning: R2-Two-family Residential South: Lot 2 Alagnak Acres Subdivision Use: Warehouse,established as a Conditional Use per Case 91-024 Zoning: B•Business Zoning District East: Lot 3A Alagnak Acres Subdivision Use: Two-family residence Zoning: R2-Two-family Residential Case No.:14-014 Staff Report&Recommendation Page 1 of 7 Page 326 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. 0 PUBLIC HEARING ITEM:7 A P&2 REGULAR MEETING JUNE 18,2014 4 A ASKd� West: Lot 1A-1 Block 2 Shahafka Acres Subdivision Use: Single-family residence Zoning: R2-Two-family Residential 5.Comprehensive Plan: The 2008 Comprehensive Plan Future Land Use Map designates this area 1 as Urban Residential. 6.Applicable Comprehensive Plan Future Land Use Designations(aka Categories? Future land use designations should be considered generalized designations which may include uses allowed in multiple zoning designations.Following are brief descriptions of land use designations used in accompanying future land use maps: Residential. This designation allows for a variety of urban level residential uses.It is generally applied within incorporated cities and would allow for a mix of single-family and other types of housing including those allowed in the R1,R2,R3 and SRO zones. 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. 7. 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. KIBC 17.205.010 Authority. Whenever the public necessity, convenience,general welfare or good zoning practice requites, the assembly may,by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. KIBC 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. KIBC 17.205.060 Hearing determination. Case No.:14-014 Staff Report&Recommendation Page 2 of 7 Page 327 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C1. { 0 eNO e.. •' PUBLIC HEARING ITEM:7A P&Z REGULAR MEETING JUNE 18,2014 intpj aLABK F- . The assembly shall consider an application or commission recommendation for change in the boundary of a district or any other commission recommendation proposing a change in this title, and the report of the commission at its next regular meeting after receipt of such report.If,from the facts presented and by the findings of the report of the commission,it is determined that the public necessity,convenience, general welfare and good zoning practice requires the change or amendment of any portion thereof, the assembly by ordinance shall effect such amendment, supplement,change or reclassification. REQUESTED PLAN AMENDMENT • Change the future land use designation of Lot 1 Alagnak Acres Subdivision from Urban Residential to Commercial/Business. This request to amend the 2008 Comprehensive Plan was initiated by the applicant as the first step in a two-step process to rezone the property to a commercial zoning district. Commercial zoning is not consistent with the current Urban Residential Future Land Use Designation. Before a rezone may proceed,the Commission, and subsequently the Assembly,must first determine the appropriate future land use designation for this site. THE COMPREHENSIVE PLAN The Comprehensive Plan states that: "Implementation is the most important phase of the planning process. It is when the goals and policies of the Comprehensive Plan are transformed into actions. A Comprehensive Plan,no matter how well crafted,is of little value if it is not implemented and used to inform other Borough and local community planning decisions. Implementation of the Comprehensive Plan can and should be carried out through the following strategies: • Regular review of the Comprehensive Plan by staff as specific policy and administrative decisions are evaluated • Incorporation of plan priorities and projects in annual Borough work plans,budgets and Capital Improvement planning processes. • Development and use of a system to notify plan holders or other interested parties of proposed and/or adopted Plan amendments," The proposed plan amendment from Urban/Residential to Commercial/Business must be evaluated in the context of the following Comprehensive Plan goals,policies,and implementation priorities: Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy: Zone land to meet future housing,commercial,industrial,and other land needs. Implementation Action: Identify an adequate supply of land in each community to meet future residential and ether land development needs based on future population and employment growth projections,assumptions about the type and land requirements for projected uses and conditions Case Not 14-014 Staff Report&Recommendation Page 3 of 7 Page 328 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • ,,) 'x= ll' PUBLIC HEARING ITEM:7 A ", '• • P&2 REGULAR MEETING JUNE 18,2014 '1 ALASKA -V or constraints that may affect development. Consider use of public or private Native-owned lands to help meet these needs. The Borough's population growth has been stagnating for the past twenty years. A population of 13,309 was recorded for the 1990 Census,13,913 for the 2000 Census,and 13,592 for the 2010 Census. A growth rate of less than 2 tenths of one per cent per year is not a clarion call for immediate redress. Within the Kodiak Urban Area,lands currently zoned Business(the zoning district synonymous with the Commercial/Business category)total 159.08 acres(311 parcels). Of this total,34.31 acres(74 parcels) are vacant. Almost twenty-two percent of the business zoned land within the Kodiak Urban Area is currently vacant. This apparent surfeit of Commercial/Business land is even more dramatic if one considers the amount of business zoned property which is currently under-utilized or under-improved and is awaiting favorable market conditions before redevelopment. There are also a number of vacant commercial buildings in the urban area. It is difficult to argue a need for even more Commercial/Business designated land in the Kodiak Urban Area. Policy: Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering,design standards and other means. Implementation Action: Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. In assessing the need and most appropriate locations for new industrial (commercial/business)land,consider the following factors. • Potential conflicts with adjacent land uses,particularly residential uses and sensitive natural resources. Goal: Help ensure an adequate supply of land for housing and a sufficient stock of housing,including affordable housing,are available for Borough residents. Implementation Priority: Identify an adequate supply of land in each community to meet future needs for homes and businesses,including commercial and industrial uses. Within the Kodiak Urban Area, lands currently zoned R1-Single-family Residential, R2-Two-family Residential, and R3-Multi-family Residential (the zoning districts synonymous with the Urban Residential category)total 657.41 acres(2,307 parcels). Of this total, 59.97 acres (180 parcels)are vacant. Just a little more than nine percent of the residential zoned land within the Kodiak Urban Area is currently vacant. This 9%figure For vacant urban residential land stands in stark contrast to the 22%figure for vacant commercial/business land, Given the disparity,it is difficult to argue a need for even more Commercial/Business designated land in the Kodiak Urban Area at the expense of residentially designated lands. Goal: Make efficient use of planning staff and other resources. The amendment will facilitate a rezone request that replicates staff and Commission time and resources. As recently as November,2012,the Commission found: Case No.:14-014 Staff Report&Recommendation Page 4 of 7 Page 329 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. 0 . =. . V• ,f., PUBLIC HEARING ITEM:7 A e ,paa P&Z REGULAR MEETING JUNE 18,2014 u °4A '1 •IABN• • 'The principal justification presented in this case to rezone this parcel to B- Business is because that is how the property is currently being utilized. The commission finds that such a rezone will have sharp impacts to the existing residential level road serving this area and that its future use is not suitable or compatible with the residential neighborhood character of this area:' • "The 2008 Kodiak Island Borough Comprehensive Plan Update Identifies this lot for Urban Residential uses and the lot size makes it practical to develop in a manner consistent with Its existing zoning. In this regard, this request is inconsistent with the objectives of the comprehensive plan." ANALYSIS OF DEVELOPMENT TRENDS IN THE AREA Development trends in the proximity of the subject parcel are focused on the establishment of single-family residences. Although current development has been gradual,the area exhibits all the indicators of continuing expansion and increasing intensity of residential use in the surrounding neighborhood. Larger,developed residential parcels are just now being presented to the department for subdivision processing. A pending preliminary plat if approved,would add 4 additional new lots that will use Cove Drive for access. The requested amendment is inconsistent with the residential development trend of the surrounding area and will have a detrimental effect on the residential development trend. TRAFFIC IMPACTS The requested amendment will likely result in increased traffic levels utilizing the Cove Drive right-of-way. An amendment to the Future Land Use Designation of the subject parcel to Commercial/Business and subsequent commercial zoning would allow a very broad range of permitted and conditional uses. The(FE Institute of Transportation Engineers publishes a manual of trip generation rates for all types of and uses. This manual is considered `The Bible" for evaluating traffic(trip)generation for a new development or redevelopment. The ITE manual presents this information in a number of ways,with the most commonly used metrics being Average Daily Trips(ADT)and AM/PM Peak Hour Trips during rush hour. All ITE trip rates are based on extensive research,actual trip counts from communities of all size,and the resulting tables are peer reviewed prior to publication. The baseline rate for residential use is an average vehicle trip generation rate (ADT) of 10 trips per single-family residence and an ADT of 12 for two-family residences. The subject parcel is primed to capture a significant amount of neighborhood centric traffic(foot and vehicle). A convenience market has been selected as one example to illustrate the possible impact. ITE assigns a rate of 738(ADT)trips per 3,000 square feet of improvements. A fast food, drive-thru restaurant would generate an estimated 496 ADTs per 1,000 square feet of improvements. Case No.:14-014 Staff Report&Recommendation Page 5 of 7 Page 330 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 ,7„." PUBLIC HEARING ITEM:7 A P&Z REGULAR MEETING JUNE 18,2014 i ALASKA It is impossible to accurately predict the exact use a business zoned parcel in this location would attract. And to be fair,today's use as a warehouse may continue—but that Is not guaranteed. ITE's ADT rate for warehouse use is 4 per 1,000 square feet of improvements(38 ADTs). These two types of commercial use, warehouse and convenience store / drive-thru restaurant represent each end of the spectrum. It is important to consider the full range of uses allowed in a business zoning district and the character of each use when considering the large policy question of a comprehensive plan amendment. COMPATIBILITY OF LAND USES Commercial zoning and uses introduce elements of noise, lights, hours of operation, and increased truck traffic at a scale not typically associated with residential uses resulting in a greater likelihood for land use conflicts. A comprehensive plan amendment is essentially the policy decision regarding the long term direction of a specific area in the community. If approved, the amendment will fundamentally change the character of the residential neighborhood along Cove Drive and the subdivision of Shahafka Acres. SUMMARY • The amendment will facilitate a rezone without an adequate justification of any economic need predicated upon population growth or positive employment impact. • The amendment will facilitate a rezone that increases potential compatibility issues between adjacent districts by creating a boundary that separates similarly zoned and developed properties. • The amendment will facilitate a rezone without demonstrating a need for more business zoned lands. The application fails to provide any rational for such a rezone, which is particularly problematical given the obvious amount of vacant or under-utilized business zoned property in the immediate neighborhood. CONCLUSION Staff has determined that this request is inconsistent with specific goals, policies, implementation actions, and implementation priorities stated in the KIB 2008 Comprehensive Plan. Staff does not support forwarding a favorable recommendation from the Commission for approval by the Assembly. RECOMMENDATION Staff recommends that the Commission deny forwarding this amendment 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 a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1,Alagnak Acres Subdivision from Urban Residential to Commercial/Business, Case No.:14-014 Staff Report&Recommendation Page 6 of 7 Page 331 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. as .7 ' ' "F>,,t, PUBLIC HEARING ITEM:7 A b . '' T P&Z REGULAR MEETING JUNE 18,2014 e'L ALASKA �.1" and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-014. Staff believes this motion should be foiled. FINDINGS OF FACT 1. The amendment will facilitate a rezone without an adequate explanation of any economic need, 2. The amendment will facilitate a rezone without demonstrating a need for more business zoned lands, 3. The amendment will facilitate a rezone that increases conflict between adjacent districts. 4. The amendment will facilitate a rezone that replicates staff and Commission time and resources. ALERNATE MOTION Should the Commission concur with the staff recommendation and fail to adopt the previous motion, the appropriate motion is: Move to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No.14-014. Case No.:14-014 Staff Report&Recommendation Page 7 of 7 Page 332 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC"4EA RING ITEM 7A P&Z REGULAR MEETING JUNE 18,7019 Sheila Smith From: JACKIE HERTER<jatke.herter @aknet> Sent Sunday,May 04,2014 5'18 PM To: Sheila Smith Subject Fwd:CASE 14-014,Comments From Property Owner in Area of Request —Caging!Massage— From: "JACKIE HERTER'ajacho holier/14h nap To esmit,Okodekakue Sent Sat 04 May 201417:11:40.0800 CASE5t CASE C /4014,Comments From Property Omer In Meat Request Re Case:14.014,NMI Coro Drive,Zoning R2-Two-Family Residential Dear Community Development Department: As property comers at 490 StwM9tn Cirda,we protest Ws rimmed for•change from Urban Residential to Conegareuseen.Thera no reason to tea beams smack In Rm TTSI eaf reeideroaL Even Plough The Elizabeth F warehouse has been then lot years,If the property owner is sell,no one ehoukI be able to repeat whet Is baby done amently.The homy trucks end constant bank horn the renter of e portion of thin warehouse cause wear end leer on ow mn roads that maid not happen were the wee MI residential.At times I have seen the renter use our res dens!dumpster,WO also would not happen If Ihh wwe not zoned busine e. We need to rain our neighborhoods.The properly owner can still earl the lard lust is easay as It end nol non the neighborhood for the rest el us. Strcarety, Like and Tackle Hader 4g0Shah Put Circle Kodak,AK 901-488-6221 Case No.14-014 Public Comment Page 1 of 5 Page 333 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBU FARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 Kodiak Island Borough nea , Community Development Department i Re R4P 1r fnw 710 Mill Bay Road Room 205 `' ig �4 ,.-,. Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)466-9796 www.kodiakak,us April 4,2014 Minn*Inc. 2705 Mill Bay Road Kodiak AK 99615 Re: Case 14014. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot I. Alaguak Acres Subdivision horn Urban Residential to Commercial/Business(KIBC 17205). Dear Ms.Malley; Please be advised that the Kodiak Wand Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 21,2014 regular matting This meeting will begin at 6:30 p.m.in the Assembly Chambers,710 Mill Bay Read.Kodiak.Alaska.Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting,on Wednesday. May 14, 2014 at 6:30 p.m. in the Borough Conference Room(4121),the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for themgaarmoving. The public is welcome to mend the packet review work session;however,the work session is not for the purpose of receiving public testimony.Applicants who wish In present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such intonation 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, �,lzk(2a w}^JJ} Sheila Smith,Secretary Community Development Department Case No.14-014 Public Comment Page 2 of 5 Page 334 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBEICdEARING ITEM 7A • P&2 REGULAR MEETING JUNE 18,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (9071486-9363 www.kodiakak us April 4.2014 Public Hearing Item 7-F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,May 21,2014.The meeting will begin al 6:30 p.m.in the Borough Assembly Chambers,710 Mill Boy Road,Kodiak,Alaska.before the Kodiak Island Borough Planning and Zoning Commission,to hear comments if any,on the following request: CASE: 14-014 APPLICANT: Alagnak,Inc. REQUEST: A Comprehensive Plan amendment to change the Future Land Use Designation of Lot I, Alagnak Acres Subdivision from Urban Residential to Commercial/Business (KIBC 17.205). LOCATION: NHN Cove Drive ZONING: R2-Two-family Residential This notice is being sent to you because our records indicate you are a pngnrty 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 tenet to the Community Development Department.Written comments must he received by 5 cam,Tuesday,May 6, 7014 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 ssmilhnokodiakak.ut.If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local nll-In telephone number is 486-3231. The toll free telephone Dumber is 1-855-492.9202. One week prior to the regular meeting,on Wednesday,May 14.2014 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. sr Dame: aisiting.slims: year proper'drariprtaa: Cannon Case No.14.014 Public Comment Page 3 of 5 Page 335 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 n PUBUM.TEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 • Location Request a Comprehensive Plan amendment to NHN Cove Dr. change the Future Land Use Designation of Case 14-014 Lot 1,Alagnak Acres Subdivision from Urban Applicant Residential to Commercial/Business(KIBC 17.205). Alagnak,Inc. __ __.._ _ _ . J as, --",'�fl ..`d.E©' - 0 ,�, tay, 070 :� ,p I ,Lit 3 ,P - QS. , • Q' ..,. , 4,6 ® P Osiii ce/yet_. Core DM* o ? ..:.r A .:: , ..,. . . se i At' 2 '.P. Public Hearing Notice Legend N p 7W Pet lea 9Subject Parcel w `i� E I , Notification Area *Mr S 13441ak l'I.ad Borough oil COMMIE/Development beperonetn hap IN-mv 9Makak uslo(007)436-9337 Ito moor n aaaNN,MMUe Furman **nu m NrSWbwry aianpnemnpn ECI Lircons4vcied ROM 94 Ways Case No,14-014 Public Comment Page 4 of 5 Page 336 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. `'+...✓ PUBLIC HEARING ITEM 7A • P&Z REGULAR MEETING JUNE 18,2014 First_Name Last Name Mail_line_ Mail City Mail_Statc Mail Zip WAYNE ABOUSSLEMAN 420 SHAHAFKA CIRCLE KODIAK AK 99615 ALAGNAK INC P.O.BOX 1275 KODIAK AK 99615 JOHN ARNDT PO BOX 1636 KODIAK AK 99615 BRENT ARNDT PO BOX 1066 KODIAK AK 99615 KATHLEEN BALLENGER P.O.BOX 126 KODIAK AK 99615 DANIEL CANAVAN 330 SHAHAFKA OR KODIAK AK 99615 KELSEY CHATSKI 4026 LUNAR DR PAT ANCHORAGE AK 99504 JAMES L COLE 3635 LIVE OAK HOLLOW DR ORANGE PARK FL 32065 MARK DAILEY PO BOX 959 KODIAK AK 99615 MARTIN EATON PO BOX 2609 KODIAK AK 99615 CARL ERICKSON 2943 COVE DR KODIAK AK 99615 DEREK FOSTER 599 TOMALES RD PETALUMA CA 94952 RONALD FRIED PO BOX 8585 KODIAK AK 99615 IAN FULP 5620 GRAND TETON LOOP ANCHORAGE AK 99502 MICHAEL HERTER 490 SHAHAFKA CIRCLE KODIAK AK 99615 IDA ENTERPRISES,LLC 3017 RAVEN CIRCLE KODIAK AK 99615 JACK JOHNSON PO BOX 2359 GEARHART OR 97138 KODIAK BIBLE CHAPEL OF KODIAK P.O.BOX 1245 KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 KODIAK VENTURES,INC. PO BOX 1066 KODIAK AK 99615 RICHARD MCKINNEY PO BOX 1739 KODIAK AK 99615 CHRISTINE MCVAY 344 SHAHAFKA CIR KODIAK AK 99615 NATHAN MUDD PO BOX 8933 KODIAK AK 99615 BENJAMIN REHMER P.O.BOX 446 KODIAK AK 99615 TED ROGERS 445 SHAHAFKA CIRCLE KODIAK AK 99615 ERIC L RYAN 315 SHAHAFKA CIRCLE KODIAK AK 99615 LESLIE SEATON 2920 COVE DR KODIAK AK 99615 SWANSON FAMILY TRUST PO BOX 2666 KODIAK AK 99615 WAL-MART REAL EST.BUS.TRUST PO BOX 8050 BENTONVILLE AR 72716 MICHAEL WELBORN PO BOX 634 KODIAK AK 99615 SCOTT ARNDT-SERVICE AREA 1 PO BOX 76 KODIAK AK 99615 Case No.14-014 Public Comment Page 5 of 5 Page 337 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. PUBUe,iEARING ITEM 7A P&Z REGULAR MEETING JUNE 18.2014 KodiakisWdBorough ( PAM fords I .SubmkggPma6' Conmunity Development Deparment 710MIRBay&d.Rm 205 ^�- ' KaakAl(996T5 (so7)486.9362 Fax 15071486-93 96 MILLINX0a1248154&81 Wt,yv{„y Ataishee1 PROP ID 21514 Application forme KIBC 17.205 The following Information is to be supplied by the Applicant Property Owner/Applicant Magna ln9. Mang Address: 27051A81 Baykal Kodak AK 99615 Phone Humber. 907-06d733 Other Contact ems8.etc bayeicvmngrpgdnet Legal DtmipUOm Subdr.Mon*Ames Mott to — StmtAJddas: 2980Cove Drive Current Zang:RZ NBC 17Jo Q Proposed Zonkhp &dines CRC 17.90 a Ap$abb Comprehensive Elam A.Kodiak Island Comprehensive Plan Update 2008 Ex planation of Use need BJustMbUOn for a change or amendment dinning: Requesdngan Mnmendmenttote Comprehensive Plan asking that this popery be rams$ered a 8utbessPropeny Instead ofa ReldenUal,There ha warehouse on Mb propertywltb business tenants(Northern Saks,kg.and Premier/Aechanicag.The owner of tldspopedy has no intention to eweruse the R2pomon of the tot as the Comprehensive Plan cab fur.ln bob the opinion of theprepenyownerbeNt this parcel is not conducive toe msMendaIuse(1)eeauseofda nab/ma the bsbessesthat operate adjacent to it,tad(2)HMnga residential modesty att atloatonwodd finthes Meuse gie traffic and wear and ter on CoveM hTheiraer poitappearsto have been.MS" for the nelohbothood In the Past. Explanation of the effect such a Change or amendment would have on the object/on of the applicable mmprehensbe plan: fly changing this parcel to a universal wring of business.them MU be no Impact on the surrounding area.The businesses that operate there.41 continue to do*Okay do nurently.The re wen be no added traffic,noise or wen end tear on the road, 0a$14/225hy Signature —Hi -1 I kilee Case No.14-014 Application Page 1 of 2 Page 338 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC NEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 CDD Staff Certification Date COD Staff. B PaementVei adon Pee Payable in Cahiees Office Room a 104-Main Roomt Borough Roggenn L11 Not Applicable r 50.00 Less than 1.7S ecrer. r 5750.00 1.76 to5110aaes r $750.00 5.01 to QM aunt r $1.000.00 40.01aaeser more r 57,500,00 Cate No.14-014 Application Page 2 of 2 Page 339 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. May 15,2014 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak,AK 99615 Attn:Martin Lydick Dear Mr.Lydick, We respectfully request that the Planning&Zoning Public Hearing for Case 14-014 be postponed to the June regular meeting Instead of the meeting on May 21.We would like to take some additional time to research the property and ordinances in order to better prepare our testimonies. Please contact me or the Property Manager,Carlle Malley,if there is any disagreement to this request. • Regards, gdfrati, 776d Michael R.Martin Alagnak,Inc. Property Owner L i( MAY 1 6 2014 F&R,Inc.I Alognak,Inc.!Brechon Rentals] Bayview Terrace 2705 Mill Boy Rood-Kodiak AK 99615 Phone:907.486.4733 Fox:907.486.4889 Email:bayviewmngr @gcl.net Page 340 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 .1--)- vIEARING ITEM 7 F P&Z REGULAR MEETING MAY 21,2014 t. KIB 2008 Comprehensive Plan r ON E Dr Land Use Designation Map Ps' Current Designation:Urban Residential r r ': Request:a Comprehensive Plan amendment: : 1 Case No.14-014 ' ff ` to change the FuturelLand Use Designation of m ; l''Applicant:Alagnaktlnc i ` ,- - Loh.Alagnak Acres Subdivision,from Urban :„_ I ; ' x a 1 ,Residential to Commercial/Business,'per KIBC 17.205? ' 1 \i ,//— 'y 1 / r 5, i / sn C —/ G 0' 4 �' � 7USS'3465L� USS 3218 it,e prM • i� /� ± •,.. n ry sot Quo 4c '"r/4. f. 4� t �s �P r0� i{ P !P^ 'L '0' 'f s�L �° e -M14t\e �P NE 9 1 i� Cove r9Ma 9p6 M1 # /�! i -$t ill ,, r -rl j a� t^ .�2• I 4- 0s L t II 4, >b" ^ ^gG P 1. \�Ary as O ,-_,c--,8-- a 7US6g, 6 i ry I Subject Property ' `E°- S3q D ,y nr, r a.-d''..`� 44ri .,s NEta.I ty. x n 9' ( : ) 4W2U. 1•II ,A\ 4'9m /r h P� �� 4 tl s }_� � ''" ./ feat p-' � ' y G los Ie '; Land Use Designations Zoning Q Industrial/Light Industrial fl Rural Residentlal Zoning C Cgen Space/Retrealian lini Future Spedal Planning Area (_J Conservation ®Public Fadstks/Ownershlp ED Water Shed f]Commercial/Business Urban Residential Modal bland 5o ct4P OD Community Development Department ma Amen Roads /M.w.tndialatu 901 aaR939] Ms ma,.p.a.d b a�bat papwx Nip/taw Wbl 1 assard.nol mm.a Sr inf WWI repwisoaa I osmmouded Rem mwaya Case No.14-014 Introduction Page 1 of 2 Page 341 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLIC)ARING ITEM 7 F P&1 REGULAR MEETING MAY 21,2014 !Image Overlay Request:A Comprehensive Plan amendment to change =Case No.14-014 the.Future landiUse Designation of dot+l,Alagnak Acres. Applicant:Alagnak,Inc. Subdivision from Urban Residential®Commercial/Business (KIB @17.205). $'yr "1 "tJ �' e Y' 2. gilts qtc 4, tr y3 }a'.dk3Y III cQe l,• rig�sF j 'al 4 +e el' C rlr. -� �3w,3 1 r4. i�,� a ir f 0�T e ,- .1 tn. o f v" 1Yvy$v Ems- R :',i1 r `°'I� 1ç¢ °o �I >� �1 ps , 'y, i� its "3t z'S. 1 oaa 1 . a f 4 P & 1 k� . P t t t a 4 Ai, #:. ') Y �. r f .∎t. t4 d.1i1 ik`rnj>4✓ y i r6 i 1 tef ''', 4 et.! .(�}' Li) 19 14 2' ?970t.i '#2941 r ! ea \ n� q' 44 „if i, , a 1PI L1; ik*r J i cf1/I ryy 'fd l pJ fe'' n rte i 1aozo..+ �i r f , ) ivl. 'r p Afi V !fib h. •q (a r . � + 1r+ 'A . ( 4 �' .Y� �jFy .{Wv` Warehouse L drT�,If, ii, { \•r j j ;GI r Ti.er'' A 7' '-u. ^F S.pjr" "W RA l 4 ,� v t I n ,' _ 4 ti ti` t 1. 2 J..t" .y 1 u`S4ryYw .13 j.4a ir; rye+1, i . �f ti t/ Y V' "� V0' yam• p 'AI' 4t f'I S 4-?.., .7.4, h e 1 41.4 `S,� ` [may , � � ., f{� i r r i .... , ice \J 1 ¢ �l"1 n 6'ek �" p dC} �°""It 4` , Legend N illh �,- .w`a`ke-% w— E tVi = Subject Parcel Lot 1 Alagnak Acres Subdivision .�'y V s Kodiak Wand Omar nun Community Development Department ..mA ss ROat /Mw�MOLrMt m]4a6AV] me maps p°'10jd b tuommw paw.. tPo !M�1 1 mr...e u..tr,mwt+any rannp..Meroe. I:.:..I unemawmed Rama Way. Case No.14-014 introduction Page 2 of 2 Page 342 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. 0 +d• `• PUBLIC HEARING ITEM:7 F '.•. s P&Z REGULAR MEETING MAY 21,2014 . Y ALASKA STAFF REPORT AND RECOMMENDATION ITEM TITLE:Case 14-014. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1,Alagnak Acres Subdivision from Urban Residential to Commercial/Business (KIBC 17.205). DATE: May 21,2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 14-014 APPLICANT: Alagnak,Inc. LOCATION: No House Number(NHN)Cove Drive ZONING: 82-Two-family Residential NOTICE: Thirty one(31)public hearing notices related to this request were mailed April4,2014. One(1)written comment has been received opposing this request. SITE VISIT: Various 1.Zoning History:Ordinance 1964-5-0 established the zoning as C-Conservation • Ordinance 1965-10-0 established the zoning as Residential Unclassified • Ordinance 1980-09-0 established the zoning as Rural Residential • Ordinance 1983-15-0 established the zoning as Rural Residential One + Ordinance 1983-69-0 established the zoning as Residential Two(R2) 2.Lot Size: Lot 1 Alagnak Acres Subdivision,17,513 square feet 3.Existing Land Use: Vacant 4.Surrounding Land Use and Zoning: North: Lot 3 Block 3 Shahafka Acres 1"Addition Use: Single-family residence Zoning: R2-Two-family Residential South: Lot 2 Alagnak Acres Subdivision Use: Warehouse,established as a Conditional Use per Case 91-024 Zoning: B-Business Zoning District East: Lot 3A Alagnak Acres Subdivision Use: Two-family residence Zoning: R2-Two-family Residential Case No.:14-014 Staff Report&Recommendation Page 1 of 7 Page 343 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. C) 0 pa•s- PUBLIC HEARING ITEM:7 F 'r~-q P&2 REGULAR MEETING MAY 21,2014 - o ,: , { ALASKA West: Lot 1A-1 Block 2 Shahafka Acres Subdivision Use: Single-family residence Zoning: R2-Two-family Residential 5.Comprehensive Plan: The 2008 Comprehensive Plan Future Land Use Map designates this area 1 as Urban Residential. 6.Applicable Comprehensive Plan Future Land Use Designations(aka Categories' Future land use designations should be considered generalized designations which may include uses allowed in multiple zoning designations.Following are brief descriptions of land use designations used in accompanying future land use maps: Residential. This designation allows for a variety of urban level residential uses.It is generally applied within Incorporated cities and would allow for a mix of single-family and other types of housing including those allowed in the R1,R2,R3 and SRO zones. 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. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 1710.020 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. KIBC 17.205.010 Authority. Whenever the public necessity, convenience,general welfare or good zoning practice requires, the assembly may,by ordinance and after report thereon by the commission and public hearing as required by law,amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. KIBC 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. KIBC 17.205060 Hearing determination. Case No.:14-014 Staff Report&Recommendation Page 2 of 7 Page 344 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. U •d+B. PUBLIC HEARING ITEM:7 F P&Z REGULAR MEETING MAY 21,2014 B t_ ai ALASKA 1' The assembly shall consider an application or commission recommendation for change in the boundary of a district or any other commission recommendation proposing a change in this title, and the report of the commission at its next regular meeting after receipt of such report.If,from the facts presented and by the findings of the report of the commission,it is determined that the public necessity, convenience, general welfare and good zoning practice requires the change or amendment of any portion thereof, the assembly by ordinance shall effect such amendment, supplement,change or reclassification. REQUESTED PLAN AMENDMENT • Change the future land use designation of Lot 1 Aiagnak Acres Subdivision from Urban Residential to Commercial/Business. This request to amend the 2008 Comprehensive Plan was initiated by the applicant as the first step in a two-step process to rezone the property to a commercial zoning district. Commercial zoning is not consistent with the current Urban Residential Future Land Use Designation. Before a rezone may proceed,the Commission,and subsequently the Assembly,must first determine the appropriate future land use designation for this site. THE COMPREHENSIVE PLAN The Comprehensive Plan states that: "Implementation is the most important phase of the planning process.It is when the goals and policies of the Comprehensive Plan are transformed into actions. A Comprehensive Plan,no matter how well crafted,is of little value if it is not implemented and used to inform other Borough and local community planning decisions. Implementation of the Comprehensive Plan can and should be carried out through the following strategies: • Regular review of the Comprehensive Plan by staff as specific policy and administrative decisions are evaluated • incorporation of pion priorities and projects in annual Borough work plans,budgets and Capitol Improvement planning processes. • Development and use of a system to notify plan holders or other interested ponies of proposed and/or adopted Plan amendments." The proposed plan amendment from Urban/Residential to Commercial/Business must be evaluated in the context of the following Comprehensive Plan goals,policies,and Implementation priorities: Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy: Zone land to meet future housing,commercial,industrial,and other land needs. implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections,assumptions about the type and land requirements for projected uses and conditions Case No.:14-014 Staff Report&Recommendation Page 3 of 7 Page 345 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... • AGENDA ITEM #13.C.1. 0 0 eN•°oo, PUBLIC HEARING ITEM:7 F k n s P&2 REGULAR MEETING MAY 21,2014 r 4 3 At*8% or constraints that may affect development. Consider use of public or private Native-owned lands to help meet these needs. The Borough's population growth has been stagnating for the past twenty years. A population of 13,309 was recorded for the 1990 Census,13,913 for the 2000 Census,and 13,592 for the 2010 Census. A growth rate of less than 2 tenths of one per cent per year is not a clarion call for immediate redress. Within the Kodiak Urban Area,lands currently zoned Business(the zoning district synonymous with the Commercial/Business category)total 159.08 acres(311 parcels). Of this total,34.31 acres(74 parcels) are vacant. Almost twenty-two percent of the business zoned land within the Kodiak Urban Area is currently vacant. This apparent surfeit of Commercial/Business land is even more dramatic if one considers the amount of business zoned property which is currently under-utilized or under-improved and is awaiting favorable market conditions before redevelopment. There are also a number of vacant commercial buildings in the urban area. It is difficult to argue a need for even more Commercial/Business designated land in the Kodiak Urban Area. Policy: Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering,design standards and other means. Implementation Action: Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. In assessing the need and most appropriate locations for new Industrial (commercial/business)land,consider the following factors. • Potential conflicts with adjacent land uses,particularly residential uses and sensitive natural resources. Goal: Help ensure an adequate supply of land for housing and a sufficient stock of housing,Including affordable housing,are available for Borough residents. implementation Priority: identify an adequate supply of land in each community to meet future needs for homes and businesses,including commercial and industrial uses. Within the Kodiak Urban Area, lands currently zoned R1 Singte-family Residential, R2-Two-family Residential, and R3-Multi-family Residential (the zoning districts synonymous with the Urban Residential category) total 657,41 acres (2,307 parcels). Of this total, 59.97 acres(180 parcels)are vacant. lust a little more than nine percent of the residential zoned land within the Kodiak Urban Area is currently vacant. This 9%figure for vacant urban residential land stands in stark contrast to the 22%figure for vacant commercial/business land. Given the disparity,it is difficult to argue a need for even more Commercial/Business designated land in the Kodiak Urban Area at the expense of residentially designated lands. Goal: Make efficient use of planning staff and other resources. The amendment will facilitate a rezone request that replicates staff and Commission time and resources. As recently as November,2012,the Commission found: Case No.:14-014 Staff Report&Recommendation Page 4 of 7 Page 346 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. a a ems° -. PUBLIC HEARING ITEM:7 F rG/vrs P&2 REGULAR MEETING MAY 21,2014 i o ALASKA" • "The principal justification presented in this case to rezone this parcel to 8- Business is because that is how the property is currently being utilized. The commission finds that such a rezone will have sharp Impacts to the existing residential level road serving this area and that its future use is not suitable or compatible with the residential neighborhood character of this area." • "The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this lot for Urban Residential uses and the lot size makes it practical to develop in a manner consistent with its existing zoning. In this regard, this request is inconsistent with the objectives of the comprehensive plan." ANALYSIS OF DEVELOPMENT TRENDS IN THE AREA Development trends in the proximity of the subject parcel are focused on the establishment of single-family residences. Although current development has been gradual, the area exhibits all the indicators of continuing expansion and increasing Intensity of residential use in the surrounding neighborhood. Larger,developed residential parcels are just now being presented to the department for subdivision processing. A pending preliminary plat if approved,would add 4 additional new lots that will use Cove Drive for access. The requested amendment is inconsistent with the residential development trend of the surrounding area and will have a detrimental effect on the residential development trend. TRAFFIC IMPACTS The requested amendment will likely result in increased traffic levels utilizing the Cove Drive right-of-way. An amendment to the Future Land Use Designation of the subject parcel to Commercial/Business and subsequent commercial zoning would allow a very broad range of permitted and conditional uses. The ITE Institute of Transportation Engineers publishes a manual of trip generation rates for all types of land uses. This manual is considered "The Bible" for evaluating traffic (trip) generation for a new development or redevelopment. The ITE manual presents this Information In a number of ways,with the most commonly used metrics being Average Daily Trips(ADT)and AM/PM Peak Hour Trips during rush hour. All ITE trip rates are based on extensive research,actual trip counts from communities of all size,and the resulting tables are peer reviewed prior to publication. The baseline rate for residential use is an average vehicle trip generation rate (ADT)of 10 trips per single-family residence and an ADT of 12 for two-family residences. The subject parcel is primed to capture a significant amount of neighborhood centric traffic(foot and vehicle). A convenience market has been selected as one example to Illustrate the possible impact. ITE assigns a rate of 738(ADT)trips per 1,000 square feet of improvements. A fast food,drive-thru restaurant would generate an estimated 496 ADTs per 1,000 square feet of improvements. Case No.:14-014 Staff Report&Recommendation Page 5 of 7 Page 347 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 0 roc'Roe, PUBLIC HEARING ITEM:7 F e-i,s P&Z REGULAR MEETING MAY 23,2034 '1 ALA SKA It is impossible to accurately predict the exact use a business zoned parcel in this location would attract. And to be fair,today's use as a warehouse may continue-but that is not guaranteed. ITE's ADT rate for warehouse use is 4 per 1,000 square feet of improvements(38 ADTsI. These two types of commercial use, warehouse and convenience store / drive-thru restaurant represent each end of the spectrum. It Is important to consider the full range of uses allowed in a business zoning district and the character of each use when considering the large policy question of a comprehensive plan amendment. COMPATIBILITY OF LAND USES Commercial zoning and uses introduce elements of noise, lights, hours of operation, and increased truck traffic at a scale not typically associated with residential uses resulting in a greater likelihood for land use conflicts. A comprehensive plan amendment is essentially the policy decision regarding the long term direction of a specific area in the community. If approved, the amendment will fundamentally change the character of the residential neighborhood along Cove Drive and the subdivision of Shahafka Acres. SUMMARY • The amendment will facilitate a rezone without an adequate justification of any economic need predicated upon population growth or positive employment impact. • The amendment will facilitate a rezone that increases potential compatibility issues between adjacent districts by creating a boundary that separates similarly zoned and developed properties. •The amendment will facilitate a rezone without demonstrating a need for more business zoned lands. The application falls to provide any rational for such a rezone, which is particularly problematical given the obvious amount of vacant or under-utilized business zoned property in the Immediate neighborhood. CONCLUSION Staff has determined that this request Is inconsistent with specific goals, policies, implementation actions, and implementation priorities stated in the KIB 2008 Comprehensive Plan, Staff does not support forwarding a favorable recommendation from the Commission for approval by the Assembly. RECOMMENDATION Staff recommends that the Commission deny forwarding this amendment 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 a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1,Alagnak Acres Subdivision from Urban Residential to Commercial/Business, Case Not 14-014 Staff Report&Recommendation Page 6 of 7 Page 348 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. . 0 0 o0 B.-, PUBLIC HEARING ITEM:7 F t �t,..1. P&2 REGULAR MEETING MAY 21,2014 iALASKA Y and to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No. 14-014. Staff believes this motion should befoiled. FINDINGS OF FAR 1. The amendment will facilitate a rezone without an adequate explanation of any economic need. 2. The amendment will facilitate a rezone without demonstrating a need for more business zoned lands. 3. The amendment will facilitate a rezone that increases conflict between adjacent districts. 4. The amendment will facilitate a rezone that replicates staff and Commission time and resources. ALERNATE MOTION Should the Commission concur with the staff recommendation and fail to adopt the previous motion, the appropriate motion is: Move to adopt the findings of fact as presented in the staff report as"Findings of Fact"for Case No.14-014. Case No.:14-014 Staff Report&Recommendation Page 7 of 7 Page 349 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC'ARING ITEM:7 F P&2 REGULAR MEETING MAY 21,2014 Sheila Smith From: IACIQE FIERIER ujackie herter@ak.net> Sent Sunday,May 04.2014 5.18 PM To: Sheila Smith Subject: Fwd CASE 14-014,Comments From Properly Owner in Area of Request Original Message— From: 'JACKIE HERTER'a1QChin p20.9.0 ngl> To: ssmilhakedakak s 4 Sent: Sun,04 Ma y 2014 1751:40-0800 Subject. CASE 14.014,Comments Kum Property Owner in Area al Request Re Case:14-014,NH11 Cava Drive.Zoning R2-Two-Farrdy Residential Dear Conruriry Development Department: As properly owners at 490 Sbahalka Circle,we protest this request for a change from Urban Residential to Commercial/Business.There is no mason to put business smack in the mkddh of residential. Even trough the Elizabeth F warehouse has boon there for years,II the properly owner is sell,no one should be able to repeal what Is being cone currently.The heavy trucks end constant Iran[from the renter al a portion of this warehouse cause wear and tear on our din roads that would not happen were the area all residential. At times I have seen the renter use our residential dunpslor,which also would not happen it this ware not zoned business. We need to retain our neighborhoods The property owner can slit sell the land just as easily as R2 end not ruin the neighborhood for the rest ol us_ Sincerely, Mike and Jackie Hller 490 Shahaaka Ch:'ie Kodak,AK 907-486.622; • Case No.14-014 Public Comments Page 1 of 1 Page 350 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. OPUBL FARING ITEM 7 F P&Z REGULAR MEETING MAY 21,2014 „etc.,'tr Kodiak Island Borough fle A new t Community Development Department cs t 710 Mill Bay Road Room 205 4 `.' r;t" t Kodiak,Alaska 99615 . t :14 P Phone(907)486-9363 Fax(907)486-9396 wwwkodiakak.us April 4,2014 Alagnak,Inc. 2705 Mill Bay Road Kodiak,AK 99615 Re: Case 14-014. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot I, Alagnak Acres Subdivision from Urban Residential to Commercial/Business(KIBC 17.205). Dear Ms.Malley: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 21.2014 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 14, 2014 at 630 pm. 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 eases 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. � Sheila Smith,Secretary Community Development Department Case No.14-014 Public Notice Page 1 of 4 Page 351 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBU( .ARING REM 7 F P&2 REGULAR MEETING MAY 21,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill flay Road,Kodiak,Alaska 99515 (907)4$69363 www.kodiakak.us April 4.2014 Public Hearing Item 7-F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,May 21,2014.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: 14.014 APPLICANT: Alagnak,Inc. REQUEST: A Comprehensive Plan amendment to change the Future Land Use Designation of Lot I, Alagnak Acres Subdivision from Urban Residential to Commercial/Business (KIBC 17.205). LOCATION: NHN Cove Drive ZONING: R2-Two-family Residential This notice is being sent to you because our records indicate you arc 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 he teethed by 5 tam,Tuesday,May 6, 2014 to be considered In the commission.If you would like to fax your continents to us,our fax number is:(007) 486-9396,or you may email your continents to tsmithekodiakak uy 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 1-855-092.92D2. One week prior to the regular meeting,on Wednesday,May 14.2014 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 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. Yearswow Malang Addrnc Sear p..e...r de.atpn.e: Cmmaa: Case No.14-014 Public Notice Page 2 of 4 Page 352 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 PUBLEARING ITEM T F P&Z REGULAR MEETING MAY 21,2014 Location Request a Comprehensive Plan amendment to NHN Cove Dr. change the Future Land Use Designation of Case 14-014 Lot 1,Alagnak Acres Subdivision from Urban Applicant Residential to Commercial/Business (KIBC 17.205). Alagnak,Inc. __,.__- ---r, It:. r.'4 gam' 0- " ^ 3: '" r'°""t4t.l 410 1/ Soo ,'1W # 3 _ Vg i' I _ _ _ 9 Oh I 1101117110M)'ce 11' 4 � a a� ¢s cs . ..�t); 0Vt Cove Drive ' 4- .; kg ,_____ 7.:— --,-, aiii i in- I, S . , * -17;1" pyt J ' 1Q;: RI 0P ' - I Eepen4 N Public Hearing Notice +`':?.j o _._._ _.... Fee Y _ _._- sSubleot Parcek w k.yvE 0 +90 330 16o Notification Area U✓ S Kodiak island B..00Ø 015 Community Development uepartment area Rwna M100lMxw kOd.kak uLen 16011<B693M nn mgb prannO oar mywnupn MY 1 nnanaNGCd ROW MO .05 and 5 550505,3 Case No.14.414 Public Notice Page 3 o14 Page 353 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. •C) PUBLIU.)ARING ITEM 7 F . P&2 REGULAR MEETING MAY 21,2014 First Name Last Name Mall line_ Mall City Mail State Mall Zip WAYNE ABOUSSLEMAN 420 SHAHAFKA CIRCLE KODIAK AK 99615 ALAGNAK INC P.O.BOX 1275 KODIAK AK 99615 JOHN ARNDT PO BOX 1636 KODIAK AK 99615 BRENT ARNDT PO BOX 1066 KODIAK AK 99615 KATHLEEN BALLENGER P.O.BOX 126 KODIAK AK 99615 DANIEL CANAVAN 330 SHAHAFKA OR KODIAK AK 99615 KELSEY CHATSKI 4026 LUNAR OR#A2 ANCHORAGE AK 99504 LAMESt COLE 3635 LIVE OAK HOLLOW DR ORANGE PARK FL 32055 MARK DAILEY PO BOX 959 KODIAK AK 99615 MARTIN EATON PO BOX 2509 KODIAK AK 99615 CARL ERICKSON 2943 COVE OR KODIAK AK 99615 DEREK FOSTER 599 TOMALES RD PETALUMA CA 94952 RONALD FRIED PO BOX 8585 KODIAK AK 99615 IAN FULP 5620 GRAND TETON LOOP ANCHORAGE AK 99502 MICHAEL HERTER 490 SHAHAFKA CIRCLE KODIAK AK 99615 1DA ENTERPRISES,LLC 3017 RAVEN CIRCLE KODIAK AK 99615 JACK JOHNSON PO BOX 2359 GEARHART OR 97138 KODIAK BIBLE CHAPEL OF KODIAK P.O.BOX 1245 KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL SAY RD KODIAK AK 99615 KODIAK VENTURES,tNC. PO BOX 1066 KOOIAK AK 99615 RICHARD MCKINNEY PO 60X 1739 KODIAK AK 99515 CHRISTINE MCVAY 344 SHAHAFKA CIR KODIAK AK 99615 NATHAN MUDD PO BOX 8933 KODIAK AK 99615 BENJAMIN REHMER P.O.BOX 446 KODIAK AK 99615 TED ROGERS 445 SHAHAFKACIRCLE KODIAK AK 99615 ERIC L RYAN 315 5HAHAFKA CIRCLE KODIAK AK 99615 LESLIE SEATON 2920 COVE DR KODIAK AK 99615 SWANSON FAMILY TRUST P 0 BOX 2666 KODIAK AK 99615 WAL-MART REAL EST,BUS.TRUST PO BOX 8050 BENTONVILLE AR 72716 MICHAEL WELBORN PO BOX 634 KODIAK AK 99615 SCOTT ARNDT-SERVICE AREA 1 PO BOX 76 KODIAK AK 99615 Case No.14-014 Public Notice Page 4 of 4 Page 354 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1, PUB3EARING ITEM:7 F P&2 REGULAR MEETING MAY 21,2014 Kodiak Island Borough j Print Fenn I •SubmitbyEmail f^� Community Development Department 710 Mill Bay Rd.Rm 205 ^a, Kodiak AK 99619 Ph.(9073486•9362 Fax(907)486.9396 laitscRistiloksan y I ,y,An IJI l4 M PROP ID 21114 Application fora oa e� (�KIIBC 17.205 The following Wormation Is to be suppled by the Applicant Property Owner I Applicant Alagnalc Inc Ma8ing Address 27051441 Bay Road,Kodlak A1(99615 PhoneNumber 90074464733 Other Contact email.etc bayvlawmrgrpgcl net legal DescekitIon: Subttr:Atagmk Acres Nock tot 1 Sheet Address: 2980 Cone Ddre CurrentZONng: R2 mac 17.80 q Proposed Zoning:Bustness NBC 17.90 [i Applicable Comprehensive Plan: A.Kodiak Island Comprehensive Plan Update 2008 Explanaton of the need&)ustifcaton fora change oramendmentof zoning: Requesting an Ammendment to the ComprehensNe Plan asidno that this property be considered a Bushels Property Instead of a ResidentlatThere is a warehouse on this property with business tenants Northern Sales.Inc and Premier Mechanical).The tinter at dlsproperty has no Menton to ever use he R1pOnlon of the of as the Comprehensive Plan calk(or.ln fact.the opinion of thepropertyownerhthat thbpacel isnotcondudve to a eesidentiaiuseth Bemuse of the nature of the businesses that Operate adjacent to It and(2)HavIng a residential property at that location would further Increase the traffic and wear and tear on Cove Dove.The latter point appears to have been a major concern!calla neighborhood ha the past Eaplanaton of the effect such a Wngear amendment would have on the objectives of the applicable comprehensive plan: By chaaging thtt parcel to a universal toning d Business,there MOB be no Impact an the surrounding atea.The businesses that operatetherewill continue to do as they do currendy.Therew9l he no added trade,note or wear and tear on the road. Date: `7 oz. y 9gnaturt: cci r2 GA-/ /61 C Case No.14-014 Application Page 355 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 4., ] PAUL..CARING ITEM:7 F P&T REGULAR MEETING MAY 21,2014 CDD Stiff Ceati8catiOn Crate: COOStaff: Payment Verification FeePayabie In[ashlers Office Room 1104-MaIn floor of Borough BulMIng Not Applicable r 50.00 Less than 1.75 acres: r 535000 1.76to5.00 acres: r 5750.00 5.01 to 40.00 aces- r $,,000.00 4001 acres or more: E 54500.00 Case No.14-0 14 Appl(cation Page 356 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... C) PUB()EARING ITEM:T F AGENDA ITEM #93.0.1. P&1.REGULAR MEETING MAY 21,20I4 PAYMENT DATE Kodiak Island Borough BATCH NO. 04/01/2014 710 Mill Bay Rd. 2014.00000541 COLLECTION STATION Kodiak,AK 99615 RECEIPT NO. CASHIER 2014-00001061 RECEIVED FROM CASHIER ALAGNAK,INC Teresa Medina DESCRIPTION PIO 21114 B.Ee9ME APP 67017/0 PIttt3A‘ b S44t` LIIPAYMENTICODErISI E RECEIP,T,DESCRIP,TION TRANSACTIONAMCUNT , subdmzun Fee SubdMalon Fee 535000 PID 211144EAPP Payments: type Detail Amount CneCk 20023313 saso Total Amount: 3350.00 Printed by:Teresa Medina Page 1 of 1 0410112014 02:26:29 PM Case No,14-014 Application Page 357 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #93.0.9. 0 0 Sheila Smith From: JACKIE HERTER<jackieJlerter@aknet> Sent: Sunday,May 04,2014 518 PM To: Sheila Smith Subject Fwd:CASE 14-014,Comments From Property Owner in Area of Request ---Original Message--- From: 'JACKIE HERTER'<jacKie herteraak.net> To: ssmithekodiak.ak.us Sent: Sun,04 May 2014 17:11:40.0800 Subject: CASE 14-014,Comments From Property Owner in Area of Request Re Case:14-014,NHN Cove Dave,Zoning R2-Two-Famiy Residential Dear Community Development Department As properly owners at 490 Shahalka Circle,we protest this request for a change from Urban Residential to Commerclal/Business, There's no reason to put business smack in the middle of residential. Even though the Elizabeth F warehouse has been there for years,II the property owner is set,no one should be able to repeat what is being done currently. The heavy trucks and constant traffic from the renter of a portion of this warehouse cause wear and tear on our dirt roads that would not happen were the area all residential, At times I have seen the renter use our residential dumpster,which also would not happen it this were not zoned business. We need to retain our neighborhoods. The property owner can still sell the land just as easily as R2 and not ruin the neighborhood for the rest of us, Sincerely, Mike and Jackie Herter 490 Shahaika Circle Kodiak.AK 907-486.8221 Page 358 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 A A%,tn Kodiak Island Borough f Community Development Department ;; rr' 710 Mill Bay Road Room 205 • '-0 �i Kodiak,Alaska 99615 ?"'1 4 Phone(907)486-9363 Fax(907)486-9396 t,.. • `'" www.kodiakak.us April 4,2014 Alagnak,Inc. 2705 Mill Bay Road Kodiak,AK 99615 Re: Case 14-014. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business(KIBC 17.205). Dear Ms.Malley: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 21,2014 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 14, 2014 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,n'a Sheila Smith,Secretary Community Development Department Page 359 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. Cm Q • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 www.kodiakak.us April 4,2014 Public Hearing Item 7-F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,May 21,2014.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: 14-014 APPLICANT: Alagnak,Inc. REQUEST: A Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business (KIBC 17.205). LOCATION: NHN Cove Drive ZONING: R2-Two-family Residential This notice is being sent to you because our records indicate you me a property ownerfinterested 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 ba 5 pm,Tuesday,May 6, 2014 to be considered by the commission.If you would like to fax your comments to us,our fax number is:(9071 486-9396,or you may email your comments to Sstnith67kodiakak.uf.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 486.323. The toll free telephone number is I-855.492-9202. One week prior to the regular meeting,on Wednesday,May 14,2014 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. Voer Name: Mailing Address: Year prepens deurtpaaa: Commems: • Page 360 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.0.1. 0 0 location Request a Comprehensive Plan amendment to NHN Cove Dr. change the Future Land Use Designation of Case 14-014 Lot 1,Alagnak Acres Subdivision from Urban Applicant Residential to Commercial/Business(KIBC 17.205). Alagnak,Inc. y.� � yp biM t4.Fa 8 e��,• / , if 'g „gyp Q. 1 . • Tillill Illi 0 N., f i yy 111011:9-:• / - 09-°' . 40gip" 4::�`''' 1 ..r, I ' —- " i ' # lel • il f Public Hearing Notice Upend N �t� pSubject Parcel w`�� 5TrL1� Feel IT..,.'Ji v 0 reo no The Notification Area �Ir S Kodiak bliM Deroafl GIS Coflanunar Development°apartment ..n.rcnu aeu, ampMe *kOdaaakaY9b 190'44159317 M,me it pu.osalu a+a.vmspap, 0,0IE0004?0Mtn0,00l,x0w.hw4 ii WWNiMYaO Right OrYAM 4 Page 361 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • First_Name Las[ Name Maii_Line_ Mail_City Mail Stata Mail_2ip WAYNE ABOUSSLEMAN 420 SHAHAFKA CIRCLE KODIAK AK 9961.5 ALAGNAK INC P.O.BOX 1275 KODIAK AN 99615 JOHN ARNDT PO BOX 1636 KODIAK AK 99615 BRENT ARNDT PO BOX 1066 KODIAK AK 99615 KATHLEEN BALLENGER P.O.BOX 126 KODIAK AK 99615 DANIEL CANAVAN 330 SHAHAFKA OR KODIAK AK 99515 KELSEY CHATSKI 4026 LUNAR DRNA2 ANCHORAGE AK 99504 JAMES L COLE 3635 LIVE OAK HOLLOW DR ORANGE PARK FL 32065 MARK DAILEY PO BOX 959 KODIAK AK 99615 MARTIN EATON PO BOX 2609 KODIAK AK 99615 CARL ERICKSON 2943 COVE OR KODIAK AK 99615 DEREK FOSTER 599 TOMALES RD PETALUMA CA 94952 RONALD FRIED P O BOX 8585 KODIAK AK 99615 IAN FULP 5620 GRAND TETON LOOP ANCHORAGE AK 99502 MICHAEL HERTER 490 SHAHAFKA CIRCLE KODIAK AK 99615 JDA ENTERPRISES,LLC 3017 RAVEN CIRCLE KODIAK AN 99615 JACK JOHNSON PO 80X 2359 GEARHART OR 97138 KODIAK BIBLE CHAPEL OF KODIAK PO.BOX 1245 KODIAK AK 9961.5 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 KODIAK VENTURES,INC. PO BOX 1065 KODIAK AK 99615 RICHARD MCKINNEY PO BOX 1739 KODIAK AK 99615 CHRISTINE MCVAY 344 SHAHAFKA CIR KODIAK AK 99615 NATHAN MUDD PO BOX 8933 KODIAK AK 99615 BENJAMIN REHMER P.O.BOX 446 KODIAK AK 99615 TED ROGERS 445 SHAHAFKA CIRCLE KODIAK AK 99615 ERICI RYAN 315 SHAHAFKA CIRCLE KODIAK AK 99515 LESUE SEATON 2920 COVE DR KODIAK AK 99615 SWANSON FAMILY TRUST PO BOX 2666 KODIAK AK 99615 WAL.MART REAL EST.BUS.TRUST PO BOX 8050 BENTONVILLE AR 72716 MICHAEL WELBORN PO BOX 634 KODIAK AK 99615 SCOTT ARNDT-SERVICE AREA 1 PO BOX 76 KODIAK AK 99615 Page 362 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PAYMENT DATE C Kodiak Island Borough 0 BATCH NO. 04/01/2014 710 MEl Bay Rd. 2014-00000541 COLLECTION STATION Kodiak,AK 99615 RECEIPT NO. CASHIER - 2014-00001061 RECEIVED FROM CASHIER ALAGNAK,INC. Teresa Medina DESCRIPTION PIO 21114 BUSSE APP Camp RA()AimeA)bw,ur keoo.SfOct' APAYMENT;CODEf4 �.tiyRECEIPT,DESCRIPTION p47t?'w"°� .av TRAN9ACTION'AMOUNTS t° Subdivision Fee Subdivision Fee $35000 PID 21114 Rfd@k1E APP Payments: Type Detail Amount Check 20023313 $35000-''y Total Amount: $350.00 Printed by:Teresa Medina Page 1 of 1 04/01/2014 02:26:29 PM Page 363 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 0 Martin Lydick From: Martin Lydick Sent Wednesday,April 02,2014 352 PM To: 'Carne Malley' Cc Bob Pederson;Jack Maker(knaker @kodiakak.us);Sheila Smith Subject RE:Application for Rezone Good afternoon Carlie, I have discussed this particular situation with our director Bob Pederson. We are in agreement on the following points: • The Community Development Dept.will accept this application for a Comprehensive Plan Amendment and credit the payment from your previous rezone application($350.00). • A public hearing on this Comp Plan Amendment will be scheduled on the Planning and Zoning Commission's May,2014 agenda. • If the Planning and Zoning Commission approves a favorable recommendation to the Assembly,we will forward that recommendation to the Assembly. • We don't control the Assembly's agenda,but the most optimistic scenario would be; o A public hearing on the amendment before the Assembly in June,2014 o If the Assembly approves the request,we would then resurrect your rezone application in June,2014(following appropriate fee payment)& o Schedule a Planning and Zoning Commission public hearing on the rezone for the July,2014 agenda& o Forward a favorable rezone decision from the Planning and Zoning Commission to the Assembly for August,2014. • So,September if all the winds are favorable. Thank you, From:Carne Malley u..i Sent Wednesday,April 02,2014 1:32 PM To Martin Lydick 1 Page 364 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. Cc:Bob Pederson 0 0 Subject:RE:Application for Rezone Martin, Per our conversation,I have adjusted the Rezone Request form to accommodate a request for an amendment to the comprehensive plan,relative to the specific rezone we are requesting for PIP 21114.Please see attached. As you know,we have been trying to get this seemingly innocuous rezone through for almost two years,and have been met with opposition on all fronts,We have approached the neighbors that had originally opposed this request,and were able to at least get their support in understanding that this will have no impact on the neighborhood. Because of the amount of time,administrative back and forth,and confusion that Alagnak has been confronted with in achieving a relatively simple goal,lam asking that we are granted the courtesy of putting us on the May agenda.It is very important that the property owner(Michael Martin),be involved in the work session and meeting,and he has other pressing commitments for the entire summer. Please get back to me with any issues,or it there is any further information you require at this point. Regards, Cartie Cantle Malley Property Manager F&R,Inc.I erechan Enterprises,Inc I Alagnak,Inc. Elizabeth F,Inc.I Sunset Development Co of Kodiak Main: 907.486.4733 email: bawlewmnt(@eci.net Fax: 907.486.4889 web: brechanoom Ate: 2705 MITI Bay Rd. web: 4ywiewkodiak.com Kodiak,AX 99615 ea Like us on Facebook From:Martin Lydick(mailto:m ydick(Gkodiakak.USj Sent:Wednesday,April 02,2014 11:51 AM To:Carlie Malley(EavViewMnnregd net) Cc:Bob Pederson Subject:Application for Rezone Good morning Carlie, During a staff meeting this morning,a problem was identified with respect to your rezone application for Lot 1 Alagnak Acres. Please call me at your earliest convenience so that I may explain the problem and your options for moving forward with this request. Thank you, Martin Lydick,Associate Planner 2 Page 365 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. Kodiak Island Borough U 0 Community Development Dept. 710 Mill Bay Rd.,Kodiak,AK.99615 (907(4869361 mlvdtck @kodiakak.us 7 Page 366 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 /�) Kodektsend Borough Pent foim f Submit by Email Community Development Department 710 Mill Bay Rd.Rm 205 Kodak AK 99615 Ph.(907)486-9362 fax(907)486 9396 11tlD!/w w.kodiakakui n photo 44.01:443)---1 / r. n PROP JO 21114 Application force KIBC 17.205 The fokwing Information is to be supplied by the Applicant Property Owner/Applicant A2agnak lnc. Mailing Address 2705 MIB Bay Road,Kodiak.AK 99615 Phone Number. 907486-4733 Other Contact email,etc bayviewnsngrogdnet Legal Description: Subdv. Alagnak Acres Block Lot Street Address: 2980 Cove Drive Current Zoning: R2 KIBC 17.80 Q Proposed ZoNng, Business KIBC 17.90 O Applicable Comprehensive Plan: A.Kodiak island Comprehensive Plan Update 2008 it Explanation of the need&justifiaton for a change or amendment of zoning: Requesting an Ammendment to the Comprehensive Plan asking that this property be considered a Business Property instead of a Residential.There Is a warehouse on this property with business tenants(Northern Sales,Inc and Premier Mechanical).The owner of thispmpemn has no intention to ever use the R2 portion oldie tot as the Comprehens{ve Plan ails for.In fact the opinion of the property owner Is that this parcel Is not conducive to a residential use(1)Because tithe nature of the businesses that operate adjacent to it.and(2)Having a residential property at that loationwould further Increase the traffic and wear and tear on Cove Drive.The latter point appears to have been a major concern for the neighborhood in the past Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: By changing this parcel to a universal zoning of Business,there will be no impact on the surrounding area.The businesses that operatetherewillcontinue to do as theydo currently.There will be no added traffic,noise or wear and tear on the road. 4J/� ' / Sig .r1 Gate: / CSignature: .i // a� sf.' C Page 367 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. cDD Staff Certification Date: COD Staff: Q Payment Verificatigll Fee Payable in Cashiers Office Room R 104-Main floor of Borough Building Not Applicable r 50.00 Less than 1.75 acres: r $350.00 1.76 to 5.00 acres: r 5750.00 5.01 to 40.00 acres: r 51,00000 90.01 acres or more: r 51,500.00 Page 368 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PAYMENT DATE O Kodiak Island Borough U BATCH NO. 04/01/2014 710 Mill Bay Rd. \_/ 2014-00000541 COLLECTION STATION Kodiak,AK 99615 RECEIPT NO. CASHIER 2014-00001061 RECEIVED FROM CASHIER ALAGNAK, INC. Teresa Medina DESCRIPTION PID 21114 REZONE APP TILPAYMENTkCODECT a,:.'; •. -RECEIPT;DESCRIPTION ' 's" - ,� 6TRANSACTIONIAMOUNT6T. Subdivision Fee Subdivision Fee 5350.00 _ PID 21114 REZONE APP Payments: Type Detail Amount Check 20023313 $350.00 1' ATS p V -e TO @amp pl, 0 F le.s(7cc 4/y Total Amount: $350.00 Printed by:Teresa Medina Page 1 of 1 04/01/2014 02:26:29 PM Page 369 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. 0 Kodiak Island Borough —r Print Font I SubmitbyFinall �j`°<no, r; Community Development Department f r^- If+s�} 710 Mill Bay Rd.Rm 205 a.; Kodiak Ph.(907)486-9362 Fa x(907 )486-9396 bttiLwww.kodlakaicui PROP ID 9iiIYr, Application for Rezone KIBC 17.205 The following Information Is to be supplied by the Applicant Property Owner/Applicant 0/ q)1 1��C Mailing Address: ' y.r Al YAA / ,�L . to A W. Phone Number. L/Afia / Other Contact emai,etc.: thyviii.07 0 G tie+' Legal Description: Subddi( Q 0 / Block: Lot / Street Address: 39 e I WAWA= `ti. Current Zoning: k- P. p Proposed Zoning: p_ au Q Applicable Comprehensive Plan: Q Explanation of the need&justification for a change or amendment of zoning: // / . C/cLc, Ou1/ y � 7 _ .1/1 cL, Inn?e 777'r e . /�o 'r # 2, c rcei r��arnivi/ /' ' Q/' 7CULce fit?: /t'eiri ' ' P .d • i S nalltilia WC iv A F. D Ill e. i. /2 a i# /i'Z' i JOTS a ILJLIII t, .iri' I I I�ifiltarea..!_ L, of • �e /� i • / /7 7 L._ t ea Explanation of the effect such a cha Ow amendment w.• •have on the objectives of the appllible comprehe Jve plan: n� •• -e-- IAA ,(e, CAt /� a .('( I l/1 { ' e(7t Z' // a 1 •• - ' y I ' / 51! ) QCY--' a a 41 &! a..' • - ? 'flit fl S !�/ ' Date:Z/// //C_,L Signature: /� • Page 370 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C. 1. '3 '3 67.11erriLdnia--1(0-/ t7'Uc/TaJ flan `kcvt else �z -O I L - a(ur CDD Staff Certification / Dale: `�l�[( CDD Staff: /�./r,at Payment Verification Fee Payable In Cashier's Office Room I 104-Main floor of,Borough Building DV- 2DU -3313 Not Applicable r 50.00 PAIDLess than 1.75 acres Ic"5350.007hr Nay/its ® , 1.7610 5.00 acres: r $750.00 ,0�rs�s�1 ` _ ^1 5.01 to 40.00 acres F 51.000.00 APR 40.01 acres or more: f 515).00 KODIAK ISLAND BORDUG RNANCE DEPARTMENT Page 371 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • PUBLIC HEARINGS A) CaseS14-012. Request preliminary approval of the subdivision of the School Reserve, Portion of Block 16, Port Lions Subdivision, First Addition creating the Native Village of Port Lions Tract and School Reserve Tract A (KIBC 16.40). The applicant is the Kodiak Island Borough and Native Village of Port Lions and the agent is Sta. Denny Surveying, Inc. The location is 2008 Airport Road, Port Lions and the zoning is PL-Public Use Lands. Director Pederson reported this case is not ready to move forward and recommended the commission table this case. COMMISSIONER ARNDT MOVED that the public hearing for Case No S14-012 be laid on the table. There was no second. CHAIR TORRES stated this motion is out of order because you can't table a case without a motion on the floor. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the subdivision of the school reserve, portion of Block 16, Port Lions Subdivision 1s' Addition creating the Native Village of Port Lions Tract and School Reserve Tract A. COMMISSIONER SCHMITT MOVED to table. ROLL CALL VOTE ON MOTION TO TABLE CARRIED UNANIMOUSLY 'B) Case 14-014. (Continued from June 18, 2014 P&Z Regular Meeting) Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business (KIBC 17.205). The applicant is Alagnak Inc. The location is NHN Cove Drive and the zoning is R2-Two-family Residential. Lydick reported this request is for an amendment to the 2008 Comp Plan changing the designated land use of the Alagnak Acres Lot 1 from Urban Residential to CommerciaVBusiness. The master plan is a comprehensive long range plan intended to guide the growth and development of a community that typically includes inventory and analytical sections leading to recommendations for the community's future economic development. Staff is unconvinced that the applicant has entered into the record any convincing evidence or a need, trend, or justification or has identified any positive impact resulting in the requested plan amendment that promotes the objectives of the Comp Plan. Staff recommended the commission deny forwarding this request to the Borough Assembly with a recommendation of approval. Public Hearing was held at the June 18, 2014 regular meeting. The motion as amended on the floor made by Scott Arndt at the June 181" Regular Meeting is: To recommend a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to CommerciaVBusiness. 'In response to COMMISSIONER SCHMITT'S inquiry of did the applicant review staff's; recommendation and if he agrees it is currently zoned R2, Mark Anderson stated he, 7/16/2014 P&Z Minutes Page 2 of 7 Page 372 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. • [continues to believe it is zoned R2 because of the ordinance, there hasn`t been a repeal of he ordinance, and this problem needs to be fixed.. Discussion ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. COMMISSIONER SCHMITT MOVED to postpone the Findings of Fact to the August meeting. ROLL CALL VOTE CARRIED UNANIMOULLY C) CaseS14-016. Request a vacation of a portion of a utility easement identified on Plat 2014-8 for Pillar Creek Hatchery Tract (KIBC 16.60). The applicant is the Kodiak Regional Aquaculture Association. The location is 9547 Monashka Bay Road and the zoning is C-Conservation. Maker reported this request for vacation is for a portion of a utility easement on the Pillar Creek Hatchery Tract. The overhead utilities to the main hatchery building pass through this easement and KRAA intends to relocate those installations to an underground installation that will serve only the buildings on the tract. Borough code does not require such utility installations to be located in an easement so the easement is not required for the current utilities or the new utility installation. Staff recommends approval with 1 condition of approval. COMMISSIONER ARNDT MOVED to approve the vacation of a portion of a utility easement identified on Plat 2014-8 for Pillar Creek Hatchery Tract (KIBC 16.60), subject to one (1) condition of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No. S14-016. Close regular meeting & open public hearing: Lee Robbins, KRAA representative,was there to answer any questions. Close public hearing& open regular meeting: Discussion - Amendments may be offered at this time. CONDITIONS OF APPROVAL 1. The property owner shall perfect the approved vacation by filing a plat depicting the vacation using the abbreviated plat procedures of Chapter 16.30 of the Borough Code. FINDINGS OF FACT 1. KEA and ACS support the vacation. 2. The vacated portion of the utility easement is not required by Borough Code. 3. The condition of approval will ensure the vacation meets the requirements of approval under Chapter 16.60 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None 7/16/2014 P&Z Minutes Page 3 of 7 Page 373 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. PUBLIC HEARINGS A) CaseS14.012. Request preliminary approval of the subdivision of the School Reserve, Portion of Block 16, Port Lions Subdivision, First Addition creating the Native Village of Port Lions Tract and School Reserve Tract A (KIBC 16.40). The applicant is the Kodiak Island Borough and Native Village of Port Lions and the agent is Sta. Denny Surveying, Inc. The location Is 2008 Airport Road, Port Lions and the zoning Is PL-Public Use Lands. Director Pederson reported this case is not ready to move forward and recommended the commission table this case. COMMISSIONER ARNDT MOVED that the public hearing for Case No 514-012 be laid on the table. There was no second. CHAIR TORRES stated this motion is out of order because you can't table a case without a motion on the floor. COMMISSIONER SCHMITT MOVED to grant preliminary approval of the subdivision of the school reserve, portion of Block 16, Port Lions Subdivision 1" Addition creating the Native Village of Port Lions Tract and School Reserve Tract A. COMMISSIONER SCHMITT MOVED to table. ROLL CALL VOTE ON MOTION TO TABLE CARRIED UNANIMOUSLY !B) Case 14-014. (Continued from June 18, 2014 P&Z Regular Meeting) Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to CommerciallBusiness (KIBC 17.205). The applicant Is Alagnak Inc. The location Is NHN Cove Drive and the zoning is R2-Two-family Residential. Lydick reported this request is for an amendment to the 2008 Comp Plan changing the designated land use of the Alagnak Acres Lot 1 from Urban Residential to Commercial/Business. The master plan is a comprehensive long range plan intended to guide the growth and development of a community that typically includes inventory and analytical sections leading to recommendations for the community's future economic development. Staff is unconvinced that the applicant has entered into the record any convincing evidence or a need, trend, or justification or has identified any positive impact resulting in the requested plan amendment that promotes the objectives of the Comp Plan. Staff recommended the commission deny forwarding this request to the Borough Assembly with a recommendation of approval. Public Hearing was held at the June 18, 2014 regular meeting. The motion as amended on the floor made by Scott Arndt at the June 18th Regular Meeting is: To recommend a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business. In response to-COMMISSIONER SCHMITT'S i n q u i ry of;-did the applicant revieW-staffs, ;recommendation and'if he agrees it is currently zoned,'R2 Mark-Anderson stated fie' 7/16/2014 P&Z Minutes Page 2 of 8 Page 374 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.1. continues to believe it is'zoned Business because of the ,ordinance, there. hasn't been a' repeat"of the ordinance,-and' this problem needsto be fixed:, Discussion ROLL,CALL 'VOTE ON MORON AS AMENDED CARRIED 4-3., The ayes were COMMISSIONERS RICHCREEK, TORRES, PAINTER, and ARNDT. The noes were COMMISSIONER SCHMITT, DRABEK, and OLSEN. COMMISSIONER SCHMITT MOVED to postpone the Findings of Fact to the August meeting. ROLL CALL VOTE CARRIED UNANIMOULSY C) CaseS14-016. Request a vacation of a portion of a utility easement identified on Plat 20144 for Pillar Creek Hatchery Tract (KIBC 16.60). The applicant is the Kodiak Regional Aquaculture Association. The location is 9547 Monashka Bay Road and the zoning is C-Conservation. Maker reported this request for vacation is for a portion of a utility easement on the Pillar Creek Hatchery Tract. The overhead utilities to the main hatchery building pass through this easement and KRAA intends to relocate those installations to an underground installation that will serve only the buildings on the tract. Borough code does not require such utility installations to be located in an easement so the easement is not required for the current utilities or the new utility installation. Staff recommends approval with 1 condition of approval. COMMISSIONER ARNDT MOVED to approve the vacation of a portion of a utility easement identified on Plat 2014-8 for Pillar Creek Hatchery Tract(KIBC 16.60), subject to one (1) condition of approval and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No. S14-016. Close regular meeting& open public hearing: Lee Robbins, KRAA representative, was there to answer any questions, Close public hearing & open regular meeting: Discussion -Amendments may be offered at this time. CONDITIONS OF APPROVAL 1. The property owner shall perfect the approved vacation by filing a plat depicting the vacation using the abbreviated plat procedures of Chapter 16.30 of the Borough Code, FINDINGS OF FACT 1. KEA and ACS support the vacation. 2. The vacated portion of the utility easement is not required by Borough Code. 3. The condition of approval will ensure the vacation meets the requirements of approval under Chapter 16.60 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None 7/16/2014 P&Z Minutes Page 3 of 8 Page 375 of 451 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT ta o SEPTEMBER 18, 2014 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 of the Kodiak Island Borough Code to Implement the Alaska Uniform Citation Procedure for Certain Violations of Borough Code. ORIGINATOR: Bob Pederson FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: On March 27, 2014, a majority of the Assembly agreed to move forward with code amendments to adopt the Alaska Uniform Citation Process for certain violations of Borough Code, as required by the Alaska Court system. This system also requires that the Borough adopt a schedule of fines for violations of Borough Code that will be handled by the uniform citation process. The primary example of how this system will be used is for animal control fines. As directed, staff has worked with the City of Kodiak with respect to the animal control fines. Other violations of Borough Code that will be included in the schedule of fines include littering, solid waste violations, and fireworks control. Implementing these changes requires: 1)An ordinance amending KIB code to adopt the uniform citation process and reference a schedule of fines, and 2)A resolution adopting a schedule of fines. Clerk's note: A draft resolution adopting a schedule of fines is provided as back up information and will be scheduled for the October 2, 2014 Regular Meeting. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2015-06 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Page 376 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.0.2= Kodiak Island Borough >,., . Community Development Department • Ito Mill Bay Road „ ..yy;;r '�f'y`r r' Kodiak,Alaska 99815 ' J Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.6a Memorandum Date: August 25,2014 To: Borough Mayor and Assembly From: Robert H.Pederson,AICP Director Thm: Bud Cassidy,Borough Manager RE: Staff report and recommendations for amendments to Chapters 1.20,6.04,8.20,8.25,8.40, 9.10,and 10.10, Kodiak Island Borough Code to implement the Alaska Uniform Citation Process and adopting a Schedule of Fines • Transmittal This memo is to transmit the staff report and recommendations for amendments to seven chapters of the Borough Code to implement the Alaska Uniform Citation Process. The staff report, recommendations, and adopting ordinance are presented for your consideration and deliberations following the scheduled public hearing. A proposed resolution adopting a schedule of fines is also attached. Background The option to use the Alaska Uniform Citation Process for certain violations of Borough Code was discussed in an Assembly work session on March 27`h. This option was identified following discussions with staff at the Alaska court system regarding civil penalties for violations of the animal control ordinance. The applicable Alaska Statutes are: Alaska Statutes 2013 AS 29.25.070 Sec. 29.25.070.Penalties. (a) For the violation of an ordinance,a municipality may by ordinance prescribe a penalty not to exceed a fine of 51.000 and imprisonment for 90 days.Fora violation that cannot result in incarceration or the loss of a valuable license, a municipality may allow disposition of the violation without court appearance and establish a schedule of fine amounts for each offense. Page 377 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.C.2. (b)The municipality or an aggrieved person may institute a civil action against a person,including a minor as provided in AS 29.25.072,who violates an ordinance.in addition to injunctive and compensatory relief, a civil penally not to exceed$1,000 may be imposed for each violation.An action to enjoin a violation maybe brought notwithstanding the availability of any other remedy.On application for injunctive relief and a finding of a violation or a threatened violation,the superior court shall grant the injunction.Each day that a violation of an ordinance continues constitutes a separate violation. (c)The penalties authorized under this section maybe imposed only if copies of the ordinance are made available for distribution to the public at no more than cost... AS 12.25.175 Sec. 12.25.175. Uniform citation format and procedure. (a)Notwithstanding any contrary provision of law,a citation issued by a peace officer and by another person who is authorized by law to issue a citation in the state must comply with standards concerning uniform citation format and procedure adopted by the Department of Public Safety. The standards must include (1)a statewide numbering system for citations; (2}a requirement that a citation be made upon oath or ate/mat:on before a person authorized by law to administer oaths or affirmations or signed with a certification under penalty of perjury that the citation is true and was personally served on the person charged; (3)a requirement that the citation contain information required by AS 12.25.200(b). (b)The commissioner of public safely shall provide or prescribe citation forms for use by peace officers and other persons who are authorized by law to issue citations. (c)The commissioner of public safety shall adopt regulations under AS 44.62 to implement this section. Staff discussed five recommendations for moving forward on this issue, as follows: 1) Borough staff initiate an Ordinance to amend various chapters of Borough Code to establish a clear link between violations of borough code and use of the Alaska Uniform Citation system. 2) Develop a Schedule of Fines for each type of violation, for adoption by the Borough Assembly_ 3) Work with the Court to implement the Alaska Uniform Citation process. 4) Work with the City of Kodiak to amend the contract for animal control services to reference the updated code amendments and that citations for offenses will use the Alaska Uniform Citation system. 5) Corresponding code amendments in Titles 16, 17, and 18, as appropriate, will be addressed in the ongoing code update project. After discussion, a majority of the Assembly were in favor of moving forward with the staff recommendations. Subsequently, staff met with the City of Kodiak to discuss these issues and began preparing the draft ordinance. Staff has also added language to include violations of Chapters 8.20 Littering, 8.25 Solid Waste Collection and Disposal, 8.40 Motorized Vessels, and 9.10 Fireworks Control to the schedule of fines, as these chapters also provide for penalties for violations. Page 378 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 a... AGENDA ITEM #93.0.2. Staff consulted with the Borough Attorney regarding a question raised at the work session. The attorney relayed that should the recipient of a citation contest the issue in court,the animal control officer or code enforcement officer would represent the Borough in almost all such cases. Should an attorney be necessary,the court allows counsel to participate telephonically. The proposed amendments to Borough code insert references to a Schedule of Fines adopted by the Borough Assembly, as required by AS 29.25.070. Some of these violations are currently listed in the Borough's fee schedule. These violations will be removed from the fee schedule and placed in the schedule of fines. As a reminder, updates to the fee schedule will be finalized following the next Borough Assembly& City Council joint work session. The Schedule of Fines for the Kodiak Island Borough is attached for your review, together with the Resolution to adopt the fine schedule. Recommendation Staff recommends approval of the Ordinance to implement the Alaska Uniform Citation process. These code changes have been reviewed by the Borough Attorney for legal sufficiency. The review memorandum is attached under separate cover. Next Steps 1) Once adopted by the Assembly, staff will work with the court system to implement these changes. 2) Staff will also work with the City animal control personnel to ensure that citations are issued using the correct citations based on the amended code. For violations of Titles 16 and 17,we have not identified any violations to include in the Schedule of Fines at this time. Violations of these titles will continue to be handled through the code enforcement process(courtesy and advisory notice, notice of violation, etc.). For Title 18, trespass on Borough land may be included in the Schedule of Fines as part of the ongoing code update project. Page 379 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 o... AGENDA ITEM #13.0.2. Introduced by: Borough Manager Requested bye Community Development 1 Department Dratted by: Community Development Department 3 Introduced: 09!1812014 4 Public Hearing: Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2015.06 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND I I BOROUGH AMENDING TITLES 1, 6, 8, 9, AND 10 OF THE KODIAK 12 ISLAND BOROUGH CODE TO IMPLEMENT THE ALASKA UNIFORM 13 CITATION PROCEDURE FOR CERTAIN VIOLATIONS OF BOROUGH 14 CODE 15 16 WHEREAS, as a second class borough, the Kodiak Island Borough exercises certain 17 enforcement powers. which include the ability to levy fines and penalties in accordance 18 with the Kodiak Island Borough Code;and 19 20 WHEREAS, the Kodiak Island Borough Code contains references and authority to levy 21 fines and penalties in Title 1 General Provisions, Title 6 Animals,Title 8 Health and Safely, 22 Title 9 Public Peace, Morals and Welfare, and Title 10 Vehicles and Traffic;and 23 24 WHEREAS, KIBC Chapters 1.20, 6.04, 8.20, 8.25, 8.40, 9.10, and 10.10 each contain 25 references to fines for violations of Borough Code; and 26 27 WHEREAS, fines for violations of Borough Code are currently listed in the Schedule of 28 Fees that is adopted by resolution by the Borough Assembly, generally in conjunction with 29 the annual budget process; and 30 31 WHEREAS, the aforementioned chapters also refer to issuance of citations,and there is 32 currently no court recognized citation process available to Borough officials;and 33 34 WHEREAS, the Borough Code does not presently contain specific references to a 35 "Schedule of Fines'adopted by the Borough Assembly; and 36 37 WHEREAS, AS 29.25.070 requires that the schedule of fines adopted by the Borough 38 must be listed in the uniform table of minor offences maintained by the Alaska court 39 system,and 40 41 WHEREAS, the Alaska State Legislature requires all citations for minor offenses be 42 processed in accordance with AS 12.25.175, the Uniform Citation format and procedures, 43 and 44 45 WHEREAS, the Borough Assembly held a work session on March 27, 2014 to discuss 46 enforcement policy and a majority of of those present supported moving forward to 47 implement the Alaska Uniform Citation process, format, and procedures for certain Kodiak Island Borough,Alaska Ordinance No, FY2015-06 Page 1 of 2 Page 380 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 o... AGENDA ITEM #13.C.2. 48 violations of Borough Code and to adopt a Schedule of Fines that is separate from the 49 Borough Fee Schedule;and 50 51 WHEREAS, the amendments to Borough Code to implement the Alaska Uniform Citation 52 process,with references to a Schedule of Fines as adopted by the Borough Assembly, are 53 attached as Exhibit'A',and 54 55 WHEREAS, the amendments to KIBC Chapters 1.20, 6.04, 8.20, 8.25, 8.40, 9.10, and 56 10.10 as shown on attached Exhibit 'A' have been reviewed for legal sufficiency by the 57 Borough Attorney, and 58 59 WHEREAS, the Schedule of Fines for the Kodiak Island Borough will be adopted by a 60 separate resolution of the Borough Assembly. 61 62 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 63 BOROUGH that: 64 65 Section 1: This ordinance is of a general and permanent nature and shall become a 66 part of the Kodiak Island Borough Code of Ordinances. 67 68 Section 2: Amendments to Chapters 1.20, 6.04, 8.20, 8.25, 8.40, 9.10, and 10.10 of 69 KIBC are reflected in the attached Exhibit A. 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS DAY OF 2014 73 74 75 KODIAK ISLAND BOROUGH 76 77 78 79 Jerrol Friend,Borough Mayor 80 81 ATTEST: 82 83 84 85 Nova M. Javier, MMC, Borough Clerk 86 87 Kodiak Island Borough,Alaska Ordinance No. FY2015-06 Page 2 of 2 Page 381 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.C.2. Exhibit"A" Title 1,General Provisions KIBC 1.20.010 Designated. A. A violation of a provision of this code is an offense punishable by a penalty not to exceed a fine of$1,000, in addition to the surcharge required under AS 12.55.039. If another penalty is established by ordinance for the provision violated and that penalty is listed in the schedule of fines adopted by the borough assembly,that penalty shall apply. B. In accordance with AS 29.25.070(a), citations for the certain offenses of KIBC may be disposed of as provided in AS 12.25.195-230,without a court appearance, upon payment of the fine amounts established in a Schedule of Fines adopted by the Borough assembly by resolution, plus the state surcharge required by AS 12.55.039 and AS 29.25.074.The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed in the established Schedule of Fines. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one of these offenses appears in court and is found guilty,the penalty imposed for the offense may not exceed the fine amount for that offense listed. If an offense is not listed on this schedule of fines, the defendant must appear in court to answer to the charges. These fines may not be judicially reduced. B. C.The borough or an aggrieved person may institute a civil action against a person, including a minor as provided in this subsection, who violates any provision of this code. In addition to injunctive and compensatory relief, a civil the penalty listed in the Schedule of Fines adopted by the borough assembly,and not to exceed$1,000 may be imposed for each violation.An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation,the superior court shall grant the injunction. Each day that a violation of an ordinance continues constitutes a separate violation. I C. D. The borough shall provide written notice to the commissioner of health and social services or to the commissioner's designee of the commencement of a civil enforcement action for the violation of an ordinance under subsection (B) of this section against a minor. Unless the commissioner and the borough have negotiated an agreement making other arrangements for the borough to provide the notice required by this subsection, the borough shall provide the notice by mailing a copy of the citation or other document setting out the notice of the commencement of the civil enforcement action. 1 Page 382 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.G2. 0. E. In this section,"minor'means a person under 18 years of age. &-F. Unless an ordinance authorizes use of a hearing officer,the enforcement of a civil penalty against a minor for violation of any provision of this code shall be heard in the district court in the same manner as for similar allegations brought against an adult, except that the minor's parent, guardian, or legal custodian shall be present at all proceedings unless the court excuses the parent, guardian, or legal custodian from attendance for good cause. F. G.An action for a civil penalty filed against a minor under this section does not give rise to the right to a trial by jury or to counsel appointed at public expense. [Ord. FY2011-03§2, 2010; Ord. 98-26§2, 1998;Ord. 74-8-0§1, 1974; prior code Ch. 1 §11. Formerly§1.12.0101. Title 6,Animals KIBC 6.04.270 Penalties and remedies. A. In accordance with AS 29.25.070(a),citations for the certain offenses of KIBC may be disposed of as provided in AS 12.25.195-230,without a court appearance, upon payment of the fine amounts established in a Schedule of Fines adopted by the Borough assembly by resolution pursuant to Chapter 1.20 KIBC,plus the state surcharge required by AS 12.55.039 and AS 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed in the established schedule of fines.Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged w' _ - _ -- - ape arsin court and is =_ : n.' , - cr•e e-..{h- :.._.. - _ • exceed the find amount for that offense listed. If an offence isnet-" -. _ - __ --_ - of fines, the defendant . -- -= - - _- - : he-charges. These fines may paying .:e"c _ •- _ _ - -- cc a.beimposed under AS !.e _-- .-_ '•. •:. "-e _:- - : •_' = -the citation. Alternatively,the person may choose to appear in court and contest the citation. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense listed.If an offense is not listed on this Schedule of Fines,the defendant must appear in court to answer to the charges.These fines may not be judicially reduced. If a person is cited for an offense for which a scheduled fine has 2 Page 383 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.C.2. been established under this chapter and fails to pay a fine or appear in court,the citation shall be considered a summons for a misdemeanor. tf-found-guety the maximum sentence that may-be imposed is the fine amount, in-addition-le-the t�e eurcharge-r-:_- -a r :c '••¢S-__ _-a- • - ._-.1-t. ' eC ceeR-chacr.�.g�w4Th—a4 •-• :-••---: •c .-a = _ : : - -_ .cce' ed lawyer. If no fine is - - -• z- c.m-- _ _ --- --- - . - - - ant. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this chapter.An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation,the superior court shall enjoin the violation. C. Each act or condition violating this chapter,and each day during which the act or condition exists when the owner or keeper is known to be aware of the condition, shall be a separate and distinct violation except in circumstances where the violation is acknowledged and actively being corrected. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. [Ord. 98-26§3, 1998; Ord. 96-12§2, 1996; Ord. 96-11 §2, 1996; Ord. 86-16-0§2, 1986. Formerly§6.04.210]. Title 8, Health and Safety K1BC 8.20.030 Penalties and remedies. A. In accordance with AS 29.25.070(a),citations for the certain offenses of KIBC may be disposed of as provided in AS 12.25.195-230,without a court appearance, upon payment of the fine amounts established in a Schedule of Fines adopted by the Borough assembly by resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and AS 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed in the established Schedule of Fines.Citations charging these offenses must meet the requirements of Minor Offense Rule 3.Alternatively,the person may choose to appear in court and contest the citation. If a person charged with one of these offenses appears in court and is found guilty,the penalty imposed for the offense may not exceed the fine amount for that offense listed.If an offense is not listed 3 Page 384 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.C.2. on this schedule of fines,the defendant must appear in court to answer to the charges.These fines may not be judicially reduced.If a person is cited for an offense for which a scheduled fine has been established in the schedule of fines and fails to pay a fine or appear in court,the citation shall be considered a summons for a misdemeanor. • __ __ _ _ - •_ _ • • _ _ _ • _ _ __ • '16• .^-.anorand-.nn• __ _ _ __ _ _- . _ - - _ _ _ _ _ •::_-duad2rA.fi-t255-02�1n addition, the court may order the person to gather and dispose of litter in an area and for a length of time to be determined by the court. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this chapter or to obtain damages for any injury the plaintiff suffered as a result of the violation. C. Each act or condition violating this chapter and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. [Ord. 98-26§4, 1998; Repealed and reenacted by Ord. 87-16-0§3, 1987; Ord. 82-49- 0(A)§1, 1982. Formerly§8.12.030]. KIBC 8.25.240 Violations,enforcement actions and remedies A.Violations. 1. Per Failure. Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter constitutes a separate violation. For example, scavenging is a separate violation for each container from which materials are scavenged. 2. Per Day. Each day a violation continues is a separate violation. For example, failure to maintain a collection vehicle in accordance with KIBC 8.25.150(B) is a separate violation for each day until the vehicle is repaired. B. Enforcement Actions and Remedies. 1. Actual Violations. If the manager believes that someone has violated any provision of this chapter,whether that person is acting or failing to act in the capacity of a principal, agent,employee or otherwise, then the manager may institute any enforcement action and exercise any legal or equitable remedy available to the borough under law, such as the following: 4 Page 385 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.0.2. a. Civil actions seeking a penalty of up to$250.00 per violation; b. Civil actions seeking injunctive relief; c. Civil suits seeking damages or civil penalties, including the costs of any corrective action that the manager deems necessary to mitigate consequences of violations, whether acts or omissions; or d. Proceedings to declare a property a public nuisance and abate the nuisance as authorized by AS 46.03.870(c). 2. Imminent Violations. If the manager believes that a person will imminently violate any provision of this chapter,whether that person is acting or failing to act in the capacity of a principal,agent, employee,or otherwise,then the manager may exercise any equitable remedy available to the borough under law, such as a temporary restraining order or injunction. 3. Enforcement Actions and Remedies Are Cumulative, Not Exclusive. Enforcement actions and remedies are cumulative, not mutually exclusive. The manager may institute any single enforcement action or exercise any single remedy or a combination of multiple enforcement actions and remedies, separately or simultaneously. The manager need not conclude any particular enforcement action or exhaust any particular remedy before instituting other enforcement action or exercising any other remedy. 4. Penalties and Remedies Are Not Limited. The penalties and remedies provided for violation of this chapter are in addition to and not in lieu of any other penalty or remedy provided for in state law or otherwise. [Ord. FY2010-07§3,2010]. KIBC 8.40,Motorized Watercraft 8.40.025 Violations and penalties. Violations of this chapter shall be infractions, and each occurrence of a prohibited act shall constitute a separate violation. Remedies, enforcement actions and penalties shall be consistent with KIBC 1.20.010 and the Schedule of Fines adopted by the Borough Assembly. In any event this x$200:004 --- r- -- --. _ : : -aay-sebcoquent offense,a ..- f.tee '- _ - .e.-e.[Ord. FY2008-07§2, 2007. Formerly§8.35.025). 5 Page 386 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.C.2. Title 9,Public Peace,Morals and Welfare KIBC 9.10, Fireworks Control 9.10.060 Penalty. Penalties for violations of this chapter are as provided Chapter 1.20 KIBC.[Ord. FY2011-15§2,20111 In accordance with AS 29.25.070(a),citations for the certain offenses of KIBC may be disposed of as provided in AS 12.25.195-230,without a court appearance, upon payment of the fine amounts established in a Schedule of Fines adopted by the Borough assembly by resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and AS 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. Alternatively,the person may choose to appear in court and contest the citation. If a person charged with one of these offenses appears in court and is found guilty,the penalty imposed for the offense may not exceed the fine amount for that offense listed.If an offense is not listed on this Schedule of Fines,the defendant must appear in court to answer to the charges.These fines may not be judicially reduced.If a person is cited for an offense for which a scheduled fine has been established in the schedule of fines and fails to pay a fine or appear in court,the citation shall be considered a summons for a misdemeanor. Title 10, Vehicles and Traffic KIBC 10.10.080 Penalties and remedies. A.A-person-who-violates-t•; _ > '.':•- = er-is-gt ilf • •• -•.•u t t- =• - - - x _ble-by-a-fine-et-net-mare than43 te-te 6 Page 387 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.C.2. In accordance with AS 29.25.070(a),citations for the certain offenses of KIBC may be disposed of as provided in AS 12.25.195-230,without a court appearance, upon payment of the fine amounts established in a Schedule of Fines adopted by the Borough assembly by resolution pursuant to Chapter 1.20 KIBC, plus the state surcharge required by AS 12.55.039 and AS 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed in the established schedule of fines. Citations charging these offenses must meet the requirements of Minor Offense Rule 3.Alternatively,the person may choose to appear in court and contest the citation. If a person charged with one of these offenses appears in court and is found guilty,the penalty imposed for the offense may not exceed the fine amount for that offense listed. If an offense is not listed on this Schedule of Fines,the defendant must appear in court to answer to the charges.These fines may not be judicially reduced. If a person is cited for an offense for which a scheduled fine has been established in the schedule of fines and fails to pay a fine or appear in court,the citation shall be considered a summons for a misdemeanor. B. Notwithstanding the availability of any other remedy, the borough or any aggrieved person may bring a civil action to enjoin any violation of this chapter, or to obtain damages for any injury the plaintiff suffered as a result of the violation. C. Each act or condition violated in this chapter, and each day during which the act or condition exists, continues or is repeated shall be a separate and distinct violation. D. The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the borough. [Ord. 98.26§6 1998; Ord. 83-37_0§21983],__.._ 7 Page 388 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.C.2. INFORMATIONAL ONLY THIS RESOLUTION IS SCHEDULED FOR ADOPTION AT THE OCTOBER 2 REGULAR MEETING 1 Introduced by: Borough Manager 2 Requested by: Community Development Department 3 Drafted by: Community Development Department Introduced on 10102/2014 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2015-10 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ADOPTING A SCHEDULE OF FINES FOR CERTAIN VIOLATIONS OF 11 BOROUGH CODE 12 13 WHEREAS, as a second class borough, the Kodiak Island Borough exercises certain 14 enforcement powers, which include the ability to levy fines and penalties in accordance 15 with the Kodiak Island Borough Code and AS 29.070;and 16 17 WHEREAS, the Kodiak Island Borough Code (KIBC) contains references and authority 18 to levy fines and penalties in Title 1 General Provisions, Title 6 Animals,Title 8 Health and 19 Safety,Title 9 Public Peace, Morals and Welfare, and Title 10 Vehicles and Traffic;and 20 • 21 WHEREAS, KIBC Chapters 1.20, 6.04, 8.20, 8.25, 8.40, 9.10, and 10.10 each contain 22 references to fines for violations of Borough Code;and 23 24 WHEREAS, the Borough Code does not presently contain references to a schedule of 25 fines adopted by the Borough Assembly, which must be listed in the uniform table of minor 26 offences maintained by the Alaska court system, as required by AS 29.25.070. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that the Schedule of Fines reflected in the attached Exhibit A are hereby 30 adopted. 31 32 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 33 THIS • DAY OF 2014 34 35 KODIAK ISLAND BOROUGH 36 37 38 39 ATTEST: Jerrol Friend, Borough Mayor 40 41 42 43 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Resolution No. FY2015-10 Page 1 of 1 Page 389 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 o... AGENDA ITEM #13.C.2. Exhibit A Kodiak Island Borough Schedule of Fines. KIB Code Description of Schedule of Fines Code Section Establishing Section Violation Amount Penalty for This Violation KIBC 6.04.060 Contagious Animals $55 KIBC 6.04.270 Prohibited (1st offense) KIBC 6.04.060 Contagious Animals $83 KIBC 6.04.270 Prohibited (2nd offense) KIBC 6.04.060 Contagious Animals $100 KIBC 6.04.270 Prohibited (3rd and subsequent offenses) KIBC 6.04.080 Annoying Animals $28 KIBC 6.04.270 Prohibited (1st Offense) KIBC 6.04.080 Annoying Animals $55 KIBC 6.04.270 Prohibited (2nd offense) KIBC 6.04.080 Annoying Animals $83 KIBC 6.04.270 Prohibited (3rd and subsequent offenses) KIBC 6.04.090 Tethering Of Animals $28 KIBC 6.04.270 Prohibited (1st offense) KIBC 6.04.090 Tethering Of Animals $55 KIBC 6.04.270 Prohibited (2nd offense) KIBC 6.04.090 Tethering Of Animals $83 KIBC 6.04.270 Prohibited (3rd offense) KIBC Control Of Animals $55 KIBC 6.04.270 6.04.100(0)8(D) (1st offense) KIBC Control Of Animals $83 KIBC 6.04.270 6.04.100(0)8(D) (2nd Offense) KIBC Control Of Animals $110 KIBC 6.04.270 6.04.100(B)8(D) (3rd and subsequent offenses) 1 Page 390 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.C.2. KIB Code Description of Schedule of Fines Code Section Establishing Section Violation Amount Penalty for This Violation KIBC Title 1, Establishes that Incorporated by KIBC 1.20.010(A)-(G) General violations of Borough Reference Provisions Code are listed in an adopted Schedule of Fines KIBC Animal Littering $28 KIBC 6.04.270 6.04.110 Prohibited (1st offense) KIBC Animal Littering 555 KIBC 6.04.270 6.04.110 Prohibited (2nd offense) KIBC Animal Littering $83 KIBC 6.04.270 6.04.110 Prohibited (3rd and subsequent offenses) KIBC Animal Identification $28 KIBC 6.04.270 6.04.120 (1st offense) KIBC Animal Identification $55 KIBC 6.04.270 6.04.120 (2nd offense) KIBC Animal Identification $83 KIBC 6.04.270 6.04.120 (3rd and subsequent offenses) KIBC Animal Tag And Collar 528 KIBC 6.04.270 6.04.130 (1st offense) KIBC Animal Tag And Collar $55 KIBC 6.04.270 6.04.130 (2nd offense) KIBC Animal Tag And Collar S83 KIBC 6.04.270 6.04.130 (3rd and subsequent offenses) KIBC 8.20.010 Uttering-Unlawful Acts $50 KIBC 8.20.030 (1st offense) KIBC 8.20.010 Littering-Unlawful Acts $200 KIBC 8.20.030 (2nd offense) KIBC 8.20.010 Littering-Unlawful Acts $500 KIBC 8.20.030 (3rd offense) 2 Page 391 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.0.2. K18 Code Description of Schedule of Fines Code Section Establishing Section Violation Amount Penalty for This Violation KIBC 8.20.010 Littering-Unlawful Acts $1,000 KIBC 8.20.030 (4ih and subsequent offenses) KIBC 8.25.040 Solid Waste $100 KIBC 8.25.240 accumulation (1"offense) KIBC 8.25.040 Solid Waste $250 KIBC 8.25.240 accumulation (2nd offense) KIBC 8.25.040 Solid Waste $500 KIBC 8.25.240 accumulation (3rd and subsequent offenses KIBC 8.25.070 Solid Waste Storage $100 KIBC 8.25.240 and Set-Out (1st offense) KIBC 8.25.070 Solid Waste Storage $250 KIBC 8.25.240 and Set-Out (2nd offense) KIBC 8.25.070 Solid Waste Storage $500 KIBC 8.25.240 and Set-Out (3rd offense) KIBC 8.25.070 Solid Waste Storage $1000 KIBC 8.25.240 and Set-Out (4th and subsequent offenses) KIBC Disposal of Hazardous $500 KIBC 8.25.240 8.25.120 waste (1st offense) KIBC Disposal of Hazardous $1000 KIBC 8.25.240 8.25.120 waste (2nd and subsequent offenses) KIBC 8.40.015 Motorized Watercraft- $100 KIBC 8.40.025 Unlawful Acts. 1st offense KIBC 8.40.015 Motorized Watercraft- $200 KIBC 8.40.025 Unlawful Acts. 2nd offense 3 Page 392 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 o... AGENDA ITEM #13.C.2. KIB Code Description of Schedule of Fines Code Section Establishing Section Violation Amount Penalty for This Violation KIBC 8.40.015 Motorized Watercraft- $300 KIBC 8.40.025 Unlawful Acts. (3rd and subsequent offenses KIBC 9.10.040 Fireworks-Use S100 KIBC 9.10.060 Prohibited (1st offense) KIBC 9.10.040 Fireworks-Use $200 KIBC 9.10.060 Prohibited (2nd offense) KIBC 9.10.040 Fireworks-Use $500 KIBC 9.10.060 Prohibited (3rd and subsequent offenses) KIBC 10.10.030 Junk Vehicles or other $300 KIBC 10.10.080 junk (1st offense) KIBC 10.10.030 Junk Vehicles or other S500 KIBC 10.10.080 junk (2nd and subsequent offenses) 4 Page 393 of 451 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH -�^ AGENDA STATEMENT , SEPTEMBER 18, 2014 ;__ .ay ASSEMBLY REGULAR MEETING TITLE: Approval of a Vacation of a Portion of a Fifty(50) Foot Wide Road and Utility Easement on Tract A, Raven Hills Subdivision. ORIGINATOR: Jack Maker FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: At the August 20, 2014, Planning and Zoning Commission regular meeting,the Planning and Zoning Commission granted approval of a Preliminary Plat subdividing Tract A, Raven Hills Subdivision. The Commission's action included approval of a vacation of a portion of a fifty (50)foot wide road and utility easement that runs through the tract. The easement contains no roadway or utilities and serves no practical purpose. No review agency or affected property owner has expressed a need to retain the easement. The area to be vacated is outside the City of Kodiak and has no monetary value to the Borough. KIBC 16.60.060 requires approval by the Borough Assembly prior to the vacation becoming effective. RECOMMENDED MOTION: Move to approve the vacation of a portion of a fifty (50)foot wide road and utility easement on Tract A, Raven Hills Subdivision. Kodiak Island Borough Page 394 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.0,1. :7: ; Kodiak Island Borough I * ,i, Community Devetopmenf Department .4 ) 710 Mitl ska Road f l Kodiak,Alaska 99615 r - -, �'. Phone(907)486-9363 Fax(907)486-9396 ,. .kB www.kodiakak.us August 21,2014 Mr.David Townsend PO Box 9044 Kodiak,AK 99615 Re: Case 514-017. Request preliminary approval of the subdivision of Tract A, Raven Hills Subdivision, vacating a road and utility easement and creating Lots I, 2, and 3 Raven Hills Subdivision,Townsend Addition(KIBC 16.40). Dear Mr.Townsend: The Kodiak Island Borough Planning and Zoning Commission at their meeting on August 20, 2014 granted preliminary approval to the request referenced above subject to the following conditions,as well as the requirements of Chapter 16.50[Final Plat)of the Borough Code: CONDITIONS OF APPROVAL 1. The Final Plat shall include a note requiring all lots to have a minimum driveway width of twenty(20)feet to accommodate fire apparatus and emergency services vehicles. 2. The Final Plat shall contain a note requiring the maintenance costs for any shared portions of the driveway on the flag stem of Lot 2 to be equally divided among the respective property owners. 3. The 30' driveway easement on the flag stem of proposed Lot 2 shall be identified as a 30' driveway and utility easement on the Final Plat 4. The legal description on the Final Plat shall read "Replat of Tract A, Raven Hills Subdivision (Plat 2004-9)vacating a portion of a road and utility easement(Plat 68-8)creating Lots 1, 2, and 3,Raven Hills Subdivision,Townsend Addition". S. On the Final Plat, note No, 5 shall be revised to read "Lots 1 and 3 shall not be subdivided until connection to public water and sewer service is available', 6. The Final Plat must properly depict Monashka Bay Road(MC 16.050.020,E), Page 395 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT 1. The specific conditions of approval will ensure that all required details are properly addressed on the Final Plat. 2. The specific conditions of approval satisfy all review agency requests. 3. This plat provides a subdivision of land that is not detrimental to the public's health, safety, or general welfare. 4. This plat provides a subdivision of land that will not result in material damage or prejudice to other properties in the area. 5. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. Please contact the Borough Clerk's Office at 486-9310 for information on when your vacation request will be scheduled for a first reading and public hearing before the Assembly, The approval of this preliminary plat shall be effective for twenty-four (24) months from the date of approval, notwithstanding the provisions of any subsequent change in the subdivision ordinance, zoning ordinance or zoning districts, After this time, the preliminary plat shall become null and void unless an extension of time is granted, at the request of the subdivider, by the commission prior to the expiration of the preliminary plat.A time extension will only be granted if a re-evaluation of the preliminary plat indicates that conditions are substantially the same as when the preliminary plat was originally approved.Approval of this plat by the Kodiak Island Borough Planning and Zoning Commission does not necessarily mean that development of the property complies with State and federal regulations,which may also be applicable. According to KIBC 16.90.030 An appeal of the commission's decision may be initiated by; 1)the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission,by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and is accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten(10)working days following the decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: FINDINGS OF FACT 1. The specific conditions of approval will ensure that all required details are properly addressed on the Final Plat. 2. The specific conditions of approval satisfy all review agency requests. 3. This plat provides a subdivision of land that is not detrimental to the public's health,safety, or general welfare. Page 396 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. 4. This plat provides a subdivision of land that will not result in material damage or prejudice to other properties in the area. 5, This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. If you have any questions about the action of the Commission or the final plat process, please feel free to contact the Community Development Department at 486-9363. Sincerely, Robert H.Pederson,AICP Director.Community Development Department Cc: Borough Clerk's Office Planning and Zoning Commission Philip Cullum Barbara Spalinger Robert Baer Bob Scholze, Borough Resource Officer Page 397 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION DRAFT MINUTES APPLICABLE TO CASE NO. S14-017 August 20,2014Regular Meeting 6:30 p.m.in the Assembly Chambers PUBLIC HEARINGS A) Case S14-017. Request preliminary approval of the subdivision of Tract A, Raven Hills Subdivision, vacating a road and utility easement and creating Lots 1, 2, and 3 Raven Hills Subdivision, Townsend Addition (KIBC 16.40). The applicant is David Townsend/Philip Cullum/Barbara Spalinger/Robert Baer/Kodiak Island Borough and the agent is David Townsend. The location is 2840 Monashka Bay Road and the zoning is RR1-Rural Residential One. Jack Maker reported this is a subdivision request is of a 5.63 acre parcel into three lots. The parcel was recently purchased during Borough Land Sale No. 18, and the current plat restricts its subdivision to no more than three lots unless public sewer and water are available. Staff recommended approval of this request subject to six Conditions of Approval. COMMISSIONER ARNDT MOVED to grant preliminary approval of the subdivision of Tract A, Raven Hills Subdivision vacating a road and utility easement and creating Lots 1, 2, and 3 Raven Hills Subdivision, Townsend Addition (KIBC 16.40), subject to six (6) conditions of approval and to adopt the findings in the staff report entered into the record • for this case as"Findings of Fact'for case S14-017. Close regular meeting&open public hearing: There was no public testimony Close public hearing&open regular meeting: Brief discussion CONDITIONS OF APPROVAL 1. The Final Plat shall include a note requiring all lots to have a minimum driveway width of twenty (20)feet to accommodate fire apparatus and emergency services vehicles. 2. The Final Plat shall contain a note requiring the maintenance costs for any shared portions of the driveway on the flag stem of Lot 2 to be equally divided among the respective property owners. 3. The 30' driveway easement on the flag stem of proposed Lot 2 shall be identified as a 30' driveway and utility easement on the Final Plat 4. The legal description on the Final Plat shall read "Replat of Tract A, Raven Hills Subdivision (Plat 2004-9) vacating a portion of a road and utility easement (Plat 68-8) creating Lots 1, 2, and 3, Raven Hills Subdivision, Townsend Addition". 5. On the Final Plat, note No. 5 shall be revised to read "Lots 1 and 3 shall not be subdivided until connection to public water and sewer service is available". 6. The Final Plat must properly depict Monashka Bay Road (KIBC 16.050.020.E). FINDINGS OF FACT 1. The specific conditions of approval will ensure that all required details are properly addressed on the Final Plat. 8/20/20 P&Z Minutes Page 1 of 2 Page 398 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. 2. The specific conditions of approval satisfy all review agency requests. 3. This plat provides a subdivision of land that is not detrimental to the public's health, safety, or general welfare. 4. This plat provides a subdivision of land that will not result in material damage or prejudice to other properties in the area. 5. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY • 8/20/20 P&Z Minutes Page 2 of 2 Page 399 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING:AUGUST 20,2014 KIB Location & Zoning Map , t, Location and MOW Request:Preliminary approval of the subdivision afar as CNJi'a!1/ of Tract A, Applicants: e: Townsend,Philip Cullum, sib' Hills Subdivision,vacatin 1 l P Qj gJ vtility�d[ncrowtlng�l,ti Barbara Spalinger,Robert�Baer.�� l�© Hills Subdivision,Townsend Addition Agent: a�j. ej Townsend Me]16.406 ' e -- j/\ // ' war". e` .._ ' >'—, / '\ Legend i} , , _ 1 t ,. Q Subject Parcel Zoned RR] t, t` t\/' / 4T7 Y� • 1 i V �l+ s ---VT::. \ fi / e — gleeete . # ,\ - ,../).- 1 /� Y \ s ____ , Zoning Legend I Public Use Lands=Rural Residential 1 F-1 Multi Family Residential Light Industrial ®tA6tershed Q Rural Residential 2 Q Business Q Rural Neighborhood Commercial I I Conservation I 1 Single Family Residential O Retail Business _Urban Neighborhood Commercial I j Rural Residential 1 I Two Family Residential CI Industrial 1 I Natural Use Kodiak Island Borough cR Community Development Department =___Access Roads Tan maws prOvIded for int ormatroal purposes here//War kodlaksknslgis(907)484•93.37 mly and I.not intanM[Io any legal representation. N r 7 Unconstlasled Right at Ways Case No.514-017 Introduction Page I of 3 Page 400 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM]A P&Z Fr FGII7AR MEETING:All Gt1GT:0 2014 Image Overlay Request:Preliminary approval of the subdivision Gase'No,$14-Ot'7 of Tract A,Raven Hills Subdivision,vacating O Applicants: r[e$.,'jTownsend,Philip Cullum, road and SQ(Tjeasemontend creating tom- Babarat�SpaMlingor,Robert 6aer, yam'- r�r+��aGi� Subdivision,Townsend,Addition Agent:>�;yy4 Townsend t3+`++'16.4O).. t{��j '�g�g� ,kT'r .rP `'a"6y .''A 1 y_'f,. 'or ..0,/gib a Aw y n *44".0'r• -,-- j j'Tr, -:,.— J .6�t�'11. 4 R =T \ ++F ($ 'a "{'sec b=ste \ 4vT [y S f'1G''✓ 'S f 'F"_?3 x' .° t'" 3'4+' n...t'i'4 tL 7.` ` .. y,; '<, t- l.. " .a r�! '. . *N }'1t' std LAr .1i�s c tt ittr / eyr • �� ,h t to ik%tq.p,� rt,�,, .rdaa,�' fQf y- .'-� way 1 f ! ors r `'�. '� D++` .f/ T tr e'' .7 ten' �'`e rid re' 07 i retWb, 'r.g gg '�� }l.'ts.oakrorodeven�.,ry ♦ t m • ear L "fi`+ "i9'.. �6 P e 4 i 3t:147" ir /St .y+ . pt" A .. ,.• % .� ii �Q . 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P&Z REGULAR MEETING:AUGUST 20.2014 C 5: O 'i ALASKA r STAFF REPORT AND RECOMMENDATION Case S14 - 017. Preliminary approval of the subdivision of Tract A, Raven Hills Subdivision vacating a road and utility easement and creating Lots 1, 2, and 3 Raven Hills Subdivision, Townsend Addition(KIBC 16.40). DATE: August 6,2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Staff Report and Recommendation CASE: S14-017 APPLICANTS: David Townsend,Philip Cullum.Barbara Spalinger, Robert Baer,and KIB AGENT: David Townsend SURVEYOR: Pilch Land Surveying LOCATION: 2840 Monashka Bay Road ZONING: RR1-Rural Residential One NOTICE: Twenty-three (23) public hearing notices were mailed on July 8, 2014. Twenty- three (23) updated public hearing notices listing additional applicants were mailed on July 31, 2014. Three (3) public hearing notices were returned as of the date this report was prepared. Date of site visit: Various 1. Minimum lot size: 40,000 square feet Compliance: Yes 2. Minimum lot width: 120' Compliance: Yes 3. Existin. Ian. u Vacant 4. Existing structures)on the property: No 5. Topography: Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes 6. Physical Features: Wetlands,streams,drainage courses: Yes Need for driveway or access restrictions: Yes(see No.7) Adequate line of sight: Yes Adequate access for additional traffic volume: Yes Adequate access horn a safety standpoint: Yes Case No.514-017 Staff Repon and Recommendation Page 1 et 5 Page 403 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wd... AGENDA ITEM #13.121. do©oq PUBLIC HEARING ITEM 7-A P 8 2 REGULAR MEETING:AUGUST 20,2014 Y �5 -L ALASKA Neighborhood character: Low density single-family residences Double frontage lots: No Flag lots: Yes • Proposed Lot 2 is a single-stem Type I flag lot that meets the requirements of KIBC 16.40.050.8.3,a.i Adequate access for fire apparatus: Roads are existing Utility installation meets Title 13: No utility installations are within the platted area Common wall or zero-lot line: No Frontage on dedicated public right-of-way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: Yes(Plat 2004-9 restrictions 2 and 3 apply) • (2)Tract A can be subdivided into no more than three(3)lots subject to ADEC requirements for septic systems and provisions of potable water,unless public sewer and water become available and the Monashka Bay Comprehensive Plan is revised accordingly. • (3) Driveway access from Monashka Bay Road to Tract A and any lots created by future subdivision of Tract A, is restricted to the sixty(60)foot frontage on Monashka Bay Road centered on the existing forty (40) foot culvert generally opposite Monashka Circle, as indicated on the Plat. 8. Applicable Regulations: The following sections of Title 16 and Title 17 of the Borough Code are applicable to this request: KIBC 16.10.010 Purpose, The purpose of this title is to: A.Provide minimum standards for survey accuracy and proper preparation of plats. B.Promote and protect the public health,safety,and general welfare. C.Provide reasonable consideration of adopted borough plans and regulations in order to provide the best subdivision of land. 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. Case No.514-017 Staff Report and Recommendation Page 2 of e Page 404 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. No Sog0 PUBLIC HEARING ITEM 7-A 0,1: L P 5 7 REGULAR MEETING:AUGUST 20.2014 '1 ALASKA REVIEW AGENCY COMMENT SUMMARY Alaska Communications Systems No objection. Alaska Department of Fish and Game It is unclear on the Preliminary Plat whether the 50' section line easements along the section line common to Sections 20 and 21 were vacated by past platting actions. However, there do not appear to be any actions that would block or remove public access to public lands or waters. ADF&G has no objection to the Preliminary Plat as proposed. Kodiak Electric Association Request the 30'driveway easement shown on the plat be depicted as a 30'driveway and utility easement. No other review agency comments were received. STAFF ANALYSIS This request is for the subdivision of a 5.63 acre parcel into three lots. The parcel was recently purchased during Borough Land Sale No. 18. Plat 2004-91 restricts subdivision of this parcel to no more than three lots unless public sewer and water are available. Since those utilities are not available, only three lots may be created. A note restricting further subdivision until public sewer and water become available is included on the Preliminary Plat. A recommendation for revision of that note is addressed later in this report. Proposed lot sizes range from 1.404 to 2.276 acres. The lots will accommodate low density residential development, which is consistent with Comprehensive Plan and the development trends of the surrounding area. All lots should accommodate adequate building sites and meet the lot area and width requirements for RR1 zoning. Lot 2 is a flag lot that meets the design criteria for a single-stem type 1 flag lot. KIB Code requires a plat note that prohibits further subdivision of such lots, regardless of the availability of public sewer and water. That note is included on the plat. The applicants propose to vacte a fifty foot wide road and utility easement that runs through proposed Lot 3. This is a portion of a road and utility easement that extends across seven properties from Monashka Bay Road to Sawmill Circle (Plat 68-8)2; therefore, the vacation affects all seven properties. KIBC 16.10.040 and AS 29.40.120 require that the application (petition)for a replat or alteration be signed by a majority of the property owners affected by the replat or alteration. The initial application was only signed by two of the seven affected property owners. Staff advised the applicant that at least two additional signatures would be required before the application would be eligible for the scheduled and advertised public hearing. The applicant subsequently provided supplemental applications signed by three additional affected property owners. Updated public hearing notices listing the additional applicants were mailed out upon receipt of those applications. 'Appendix Page 1 Appendix Pages 2&3 Case No.514-017 Staff Report and Recommendation Page 3 of 6 Page 405 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. po St PUBLIC HEARING ITEM 7-A air u OL P&Z REGULAR MEETING'.AUGUST 20,2014 Y S a 4 - ALASKA The vacation of a portion of the easement is supported by a majority of the affected property owners. All affected properties have public road right-of-way frontage on Monashka Bay Road, Sawmill Circle, or Lakeview Drive, so the easement appears to serve no practical purpose. The easement is unimproved, with no roadway or utilities running through it. The topography of the easement is extreme and construction of a roadway would be very expensive. No review agency has expressed a need to retain the easement for roadway or utility use. Should there be a future need to run utilities to the rear of the properties within the vicinity of the proposed subdivision, alternate routes are available through other existing utility easements and rights-of- ways. Should the vacation be granted, KIBC 16.60.060 requires additional approval by the Borough Assembly, The Preliminary Plat depicts newly created easements to provide driveway access and continuity of the existing utility easement along the rear of the proposed lots: . A thirty(30)foot wide driveway easement for the benefit of Lots 1 and 3 on the flag stem of Lot 2. The topography of the easement allows for construction of a driveway that is within maximum slope requirements. Plat 2004-94 restricts driveway access to the sixty(60) foot frontage on Monashka Bay Road centered on the existing forty (40) foot long culvert generally opposite Monashka Gircle.The driveway easement is accessible from that location and plat notes continuing the access restriction and identifying which lots shall benefit from the easement are included on the plat. • A ten (10) foot wide utility easement along the southern portion of the rear lot line of Lot 3. That easement connects to an existing easement, providing a continuous ten (10)foot utility easement along the rear of Lots 2 and 3. The driveway easement on the flag stem of Lot 2 is approximately 200 feet long and provides access to all three lots. To accommodate fire apparatus and other emergency services vehicles,staff recommends a condition of approval for a plat note that requires all lots to have a minimum driveway width of twenty (20) feet. The Kodiak Fire Marshall and Bayside Fire Chief concur that such a note should be required. The maintenance costs related to the shared driveway on the access easement have the potential to be a source of contention among future property owners. To avoid possible disputes, staff recommends a condition of approval for a plat note requiring those costs to be equally divided among the property owners. Kodiak Electric Association requests that the proposed driveway easement be identified as a driveway and utility easement. Staff recommends a condition of approval that ensures the easement is identified as such on the Final Plat. The Alaska Department of Fish and Game questions whether the fifty foot section line easements have been vacated in this area. Those easements are not depicted on the State of Alaska Department of Natural Resources Division of Lands Survey that created the Monashka Bay Subdivision (Plat 68-85) or on the plats reflecting further subdivisions in the area. The Certificate to Plat for the subdivision that created Tract A, Raven Hills Subdivision (Case No. S02-017) does not state that Tract A is subject to those easements. No comments regarding 'Appendix Page 1 Appendix Page 1 'Appendix Page 2 Case No 514-011 Staff Report and Recommendation Page 4 mr6 Page 406 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. „N°Bo%� PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING.AUGUST 20,2014 1 S ALASKA section line easements were provided by the Alaska Department of Transportation and Public Facilities. In addition to the previously noted issues, staff review has identified the following technical deficiencies°that need to be addressed as part of this application: • The legal description should be revised to read as follows: A replat of Tract A, Raven Hills Subdivision (Plat 2004-9) vacating a portion of a road and utility easement (Plat 68-8) creating Lots 1, 2, and 3, Raven Hills Subdivision, Townsend Addition. • Plat note No. 5 should be revised to read as follows: Lots 1 and 3 shall not be subdivided until connection to public water and sewer service is available. • Monashka Bay Road is not properly identified on the Preliminary Plat. Only the edge of the road pavement and a portion of the right-of-way are depicted, which is sufficient for this review. The Final Plat must properly depict Monashka Bay Road(KIBC 16.050.020.E). Staff has determined that this subdivision is consistent with the adopted Borough plans and development trends for this area and that all noted issues are addressed by the recommended conditions of approval. Approval subject to those conditions would ensure the Final Plat conforms to the requirements of Title 16 of the Borough Code. 6 Appendix Page 4 Case No.514-017 Staff Repon and Recommendation Page 5 of 5 Page 407 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. pN°°oq0 PUBLIC HEARING ITEM 7-A o P&Z REGULAR MEETING:AUGUST 20,2014 � ,'„51 cS :.:,.' o%- ` KALASKA RECOMMENDATION Staff recommends approval of this request,with the adoption of six(6)conditions of approval. APPROPRIATE MOTION Move to grant preliminary approval of the subdivision of Tract A, Raven Hills Subdivision vacating a road and utility easement and creating Lots 1, 2, and 3 Raven Hills Subdivision, Townsend Addition (KIBC 16.40), subject to six (6) conditions of approval and to adopt the findings in the staff report entered into the record for this case as "Findings of Fact" for case S14-017. Staff recommends this motion be approved. CONDITIONS OF APPROVAL 1. The Final Plat shall include a note requiring all lots to have a minimum driveway width of twenty(20)feet to accommodate fire apparatus and emergency services vehicles. 2. The Final Plat shall contain a note requiring the maintenance costs for any shared portions of the driveway on the flag stem of Lot 2 to be equally divided among the respective property owners. 3. The 30' driveway easement on the flag stem of proposed Lot 2 shall be identified as a 30'driveway and utility easement on the Final Plat • 4. The legal description on the Final Plat shall read "Replat of Tract A, Raven Hills Subdivision (Plat 2004-9) vacating a portion of a road and utility easement (Plat 68-8) creating Lots 1,2, and 3, Raven Hills Subdivision,Townsend Addition". 5. On the Final Plat, note No. 5 shall be revised to read "Lots 1 and 3 shall not be subdivided until connection to public water and sewer service is available". 6. The Final Plat must properly depict Monashka Bay Road(KIBC 16.050.020.E). FINDINGS OF FACT 1. The specific conditions of approval will ensure that all required details are properly addressed on the Final Plat. 2. The specific conditions of approval satisfy all review agency requests. 3. This plat provides a subdivision of land that is not detrimental to the public's heath, safety, or general welfare. 4. This plat provides a subdivision of land that will not result in material damage or prejudice to other properties in the area. 5. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. Case No.S14-017 Staff Report and Recommendation Page 6 of 6 Page 408 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... > a -a al C tu 0 0,) < PUBLIC HEARNE REM 7-A W P&Z REGULAR MEETING:AUGUST 20.2014 0 Co C; 0 //, -- ..,,,,,,„ ;;_,..i.-.-...:„.• {2 ®,‘,///:"^••"`" 1 1 '•"D“'" O ., „--,---.--------- ./„..-••••--Subdivision restrictions I ,------------ • - - . •,.., 1 - 0 i - —..---- applicable to Tract A 1 --^-----.. r-1-i.:-.2"Cr''t.-40.74.11 / .-;:/.11‘,,--11 ':•,Lit:: -0 oi'" 1.=•:=.*:=----'-=:.:,-.:.-_^.:..-_-_:...--•=1-_:.• O ----------- -M. sa-:•:::::€: • Existing alternate routes for utilities ' ,'.'■" Y \ • ' ''.h•--4— ... = VICINITY IMP ..-19e I''''.....'"....- from Monashka Bay Road. _ O : . .....“. RIFT '--T TTs. - ,- , -.1 I SP "•••2 !. , , .... -----__,---, , ,,,! .• '**. 1 :1. j... ---•:, f ------„,.... rt---------------------t il 1:11: -ti `,C , •'t',It?: 'n I-- - --;* :-.7.* .•.--, , ' 1 . 1 ' 411 IL i • -. i .•:- s' -c" — ‘I.--•-•-•=re; si tc. ,,,-,i ;glti „ 1 Ti .. NI tt ".ig,i,,` . —.....4.,...-. • - ,, ..„ f•cLr,1 „. ,.. r.,_:_-.•_c_i_::;•-:. a •:.-is• ------r- . , : ... ...a-..-- I” , . L°" ! : . , . ,..2.,=.............•■•■■.w........... ........................................,...... ,)'13^34'))3. ....L... f 1 ...,........_,..... . ., ...........&& ' . ......-a..................&--... \ &...............................&...-...... „ , k.'\\his , \ : % ..... . • '' . is easement'i intersects -..:• . . , ,. . ' -.....y....., .........-, ' =IS:-T.-:-.1.- - • ..- , . ..,.. : . . ....._ rm._...re)........--- ..3 7,...........o....3r...L.3....t..... "07.-33,443,330—33.••1:333), . with Sawmill Circle,but is not ------- —.— v.... . fr..._„.... ......j...■■■•••....4.....i../......••••• 1 •••••■••■I.1.min....n.4..4*v...VI WI,. Its h own on this plat. --.........,---- --.----- '-"*".;-"-- -n-4-.' kr.n---,,- 2.- ..„5.,.... ;._ 4.•3:4..110 from co,rm.r.,....,.....o ,,„„_,,,.„..,,,,„„,,.„,„, CI 7) ,•.i'.me......,..u.ww.,..........., ...a....................... ...,................,„,.,,., , ,,,., . . ....—.. .,. Az..•,:". co ,....,—,......—,—...,,—, ,.... ...._.--..—— -„—...„ , 4,,,..:,:s .....ni I ......_____r,,,,_,,,,,._, ,—..,.....,.................—,,, —.,---,.--..— ----,--- --- f..,_ ___.------ ...1.%-•••‘41-‘11 01C 0 a _....a _ ___ cr.-a-Lt.:65- N,b-;,‘.,•'• C,3 a Case No 514-017 Appendix Pane 1 of 4 ......1 CP LI'l —■ 4t .4. .54 p i74, > -o 0 m o_ m --- - ,. G PUBLIC HEARING ITEM 7-A N P&Z REGULAR MEETING:AUGUST 20,2014 m Page 3 of Plat 68-8 o (applicable page) „y D �N \ j m r t ✓ Portion of Easement to be vacated /,� W w / \> : / t 'I�/ t�- 1:. __,S Road and utility easement that extends across V' ur•-n 1r t a V- seven properties(please see GIS photo on ty---10- o ( -i 1 following page for current affected properties) �.. , I �, < f�f5� ?; i / rl' III.1 �„ . 1 f i F, Ill i ` _ i( -\ ... � 1, " e uN3,„E„, _______0, 1 aNO I 'd .______., _... .„..... -____,,,,,, - _....,,,=,,i.„..... .— MONASHKA V BAY, ALASKA SUBDIVISION %'" uoxnsnKe ew�s�°`as.a m N .,- -.s -- t.:L'f-•- Z A1 -�cc._.:- .�...�„.. .•.e, II sneer r or —a.'FT' O ----- a 0 A Case No.S14-017 Appendix Page 2 of CP �- m I I OSI C4 '0 iu n :: sa r,SSEN h 4ld g ew, "i<� a, Kodia #. larT , T ' �' Y , '- 2,r'y A fa , a,. r %,04-w , NFr va. vacated v i t x s x. F 1 's �k .enttobe p Yt :4., r , 7 ° �: \ 40, of e e,d y rpl �,-:* , ,;f4 ih. ,�i a R P io 'fie 's,° . C i ' + °rs, :rot 5t�,m ` ' a w• g� 4 ' ,ti i i te a x4' " < ' < s�'r G ' y § yerti ir T S rNC 4X44, geh `�'t y p .'', / a .w vk1,m gAN:fi 4"tm F A1KO E 0 fi +4 . s *1 � w { " .:417.7.t4-, �1P'. +^# , l'.. x. , � x * f 'a ,'*4Wt�,,,, l} ilk r :§q� .0.0 a, :0- 4+.;o. v.`. 'y7'r �1 * i s$Oa°�1 r ' .: Y ',. ' +`+�©ER ER?T ` :Y tiGtY easettrOnt O °cAR4;Y'S`s^ "k ' 4*" . " - L�*.y. .• 'ra " ` 1., ,) w Road and that axtends R+ O �I . is t O,„„ s t .©s " ,V Arri'1 - a3 (rtroSS even 9' -- � ## y' x o . * '' '�^; '--- -__ across s. - /.W - aoROU°h if.' i ;' �r s ))jj// °� t 4 r , s 1. ga Y - rSI.AN .ry °"" �, y IS r �.�;R W4 Po r l O°lPK ,q°* . S� �©� wy " 'f b A �'i�r� EtER +` t tt • i by 'Yta ' °KP ' . �.a 4"o Ne Y e f R °° M PM�Ip M w y.yr "'Ya t KENDRI +AU" + } ' . .E4 x 'i' ' `_ g^M Y rT E4 +KW � YG.y x■ a p�.!!it 31;ps f }� '�y�� yb rf; O ,s elk,: rP''" $tom t t, EENEYlONN NANCY.I' ;4414"1" t Z 14'44! fl *,A. °qn f YEtAI JAMES •;tt�''jt13 _,�Y—�S '"" StA oi5 a" r, ( ^4 xa'.h 'M S 1� p35 . ' i K ,t ^R.4 w .nya: s4.pe:a A..&,a e.., r O p0315 02 km y;',41A,s i 0. . " .9t., „, "•' ^44,-. .` of c "a, -,t. � � , 4c 0.05 ev4 s.pb. �M.:cN we� fita CtiECIN 3bth fy Py lS1'''2p1a Sta. O,A9Pend,,Pace 9 o A ce'e uo. II 01 D -o -o 0 a) 0 a) PUBLIC HEARING ITEM 7-A a) Paz REGULAR MEETING'.AUGUST 20,2014 0 N o i NOTES 7 }Y 1 t -\ )(i( 1 1�o��, f .."m...�..w so wog a,... ..n J ,,/,,, ,-es/ t//i 1 �'I'- L L 81 xV /// �) VICINITY MAP 0 Revise note 5 to read as follows S hve ,/ �_� / /' L 7jy�t'1 ( L� b-sr ..Ak o-._.vc Lots l and 3 shall not be sbtl deb - -e YROetl / �/ -S, / s / y r/ Y a) untl connection to public water and �/ ) va /L011 j- / t 11 7 0 - / 14x4 ACRES s - 1 Wn/,F fi� LEGEND Lewer service is available / .c A / / / - !/' `< I 1�' / ' v p V /f2 ,, L / ``r +� sssuevl aurtv+ws n.e O \2 .. / / -. v a• °x 7�' \ s 9 E l aa// ae ' f LLllllu e.gvw+v.c.rm ms r nn r, . 7 A �, 1 �i r ”Lr�4 1 I a;° ° . ,� / 1 f V1 i -\ C'; o ere �A,�M+ o ii t� l� I ro :- 4/ LOT z , ) . 0 S ( / o 11 tt ?ANa w 1948 ACRES r I e▪ (.h ., ';� f 4 ,_/ t� �1tl(� ��° 1 i,Jl( 1 /1 � '\r1 ,� CER IFICATF OF ONTJERSNIP d l/f t �l( '.Ls 2 96�ACREB .i / ' a 'P' r L6B 8� e u a A ,a x 1 en w,.r • j/f� �%i // Y o z w±?-.PMnr 1 e Re' p �" / ,.,w m seams ( j Dery /i�— r/ I A '6ro" 4h(11 j k,.∎�1 a 4Z///I, tit1 J��yi i / /i- +m 7/U 9 1� �/ J -Ji ' DAVID TOWNSEND /, Monashka=a Dad shall be ro erl de dad {) / f/ r �^ v' P P Y P N7 1 S �I �/ ...5 '\.t / / / PO Dox 9044 / nFinal Plat(example given is not to scale and Rt / 11 / ,, r?l / KOOIPK. Ak 99615 ��rs for description purposes only). r S.h d /_ f ') 7T l 1./,j i � /„ —_r (/� i �f/��1' fryr lip 'v Pi 19fnJ�! i� �/� f• / //�� '�, �J b v�ao,/. I�/ : PRELIMINARY / Y �� by • ( P r. "+ ti f 7' not cam` A j/ / • r' -7.2 / ) / 4 LDi7 k C' ti r r//' 1 �/ r t r RAVFN HILLS SUBDIVISION / ruc s VA // 1 AT yi I '1 1 r ( / I TOWNSFND ADDITION /. / m rwd4v „v( \ /. / s 1 1 1 - 1J�o,)f t :L L I ) I ' I,� /�_ IA / \ / //1� !/,� Reese Legal Desvlpttion to read as follows' yl' 1 ° ctc tVI n a�r 'sou,y o—so mo�f+ev a ,a sso 850 •� , f�///'-,^I / / „ w LOT 2057 c,A replat of Tract A,Raven Hlls S bdivision u Ft a s n aN 2r• �_�4/C ., 1 1 ,i// ,-T I 1 / ,N P J _c-1� (Plat 2004-9)vacating a portion of a road and v u r"VI a� / / .utility easement(Plat 68-8)creating Lots 1,2, u `SURVEPORS'1GEERTIL IL A tL l •/ i Y — ! A t vs a T ALS a v eumaK` 1 ,_ wcxu�mu and 3, Raven Hills Subdivision, Townsentl r,N sa r uu:vc ssa c wr oe.[ss Y a f u+un r,h Atltl tiOM1 /''� Y/ 'D r A �Pac PILCH LAND SURVEYING CO BOX 5,1 7LLOPI ALASKA 9969E 2 9007-354-1124 O PPUL PILCII. PI$ .DATE'6 29 14 A SCALE 1.50' / / n N o y _- -Case No.514.017 Appendix Page 4 of4___ _ _ _ ____ —_ _ _, rn J. W . _ 0 AGENDA ITEM #13.D.1. PUBLIC HEAPING ITEM TA PSZ REGULAR MEETING.AUGUST 20,2014 '-- Kodiak Island Borough Community Development Department�suamn Gy Pmau #�' 710 Mill Bay Rd.Rm 205,Kodiak,AK 49615 ri Ph.(907)486-9362 Fax(907)486-9396 i" Print ROim http://www.kodi0kak.us Subdivision Application Kodiak Island Borough Code Title 16 Applicant Information: ,. Property0wner/Applicant: David TnwnnedJ4)B , I ila Ci,}h4'a Mailing Address: PO Box 9044,yodiab AK 99615 Phone Number. 907-654-4123 Other Contact email,es: davetownl2gahotmail.<om Agent&/or Surveyor: Pilch Land Surveying Mailing Address: PO Box 641,Willow,AK,99958 Phalle Number, 907-354-1124 _ Other Contact email,etc.: V`uperty iEformation: Current Legal fMS[nptionlsi: Raven Hills Subdivision ream A • Proposed Legal Descriptiorr(il; haven Hills Subdivision 1 ownsend Addition Lot 1:1.904 Acres Lot 2:1.948 Acres Lot3:2.276Acres try a)) Iva:v.10Q fF' SD EL ROA° A9(1 Vt1L11 L..Ca5bMEAif, Areyou requesting naive:otany subdMsionrequiremento[cording toloaC 15.1100101 r Yes / g No r_16 14&P- nave: tun 30,2014 Signature. M01b Li OLW.iS EA/lb PaynlentVerificatlon Fee Payable in Cashiers Office Room it 104-Main floor of Borough Building Waiver Plat per KIBC 16.10050; r 575,00 PAM c+E fpY. Abbreviated flat per KIBC 1630: r 530000 Preliminary Plat per KIBC 16.40(maximum i2mts): /) �M1tt 5350.00 JUN 30 Ay IT 'Jtu? Preliminary Plat per KIBC 16.40(more than 1210(s): r S to be dererminedN AKlaot1AtPn9iQM6nierun proposed vacation Plat per KIBC 1660: $r S3so.00 FINANCE DEPARTMENT Dale: JUke.30t vi COD Staff: ,'rj1L N7 Case No.914.017 Application Page I or Page 413 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A PAZ REGULAR MEETING.AUGUST 20,2014 PAYMENT DATE Kodiak Island Borough EATCII NO. 3f3Q12OI4 110 Mill Bay Rd_ 2014-00003732 COLLECTION STATION Kodiak,AK 9061.5 RECEIPT NO. CASHIER 2014-00001452 RECEIVED FROM CASHIER DAVID TOWNSEND Cashier DESCRIPTION 2840 MONASHKA BAY RD SUODIVISION APPLICATION PAYMENT COOEOIw RECEIPTt0E6CRIF,TION rtTRIWSACTION'Na00N7OR R[IhNONl61on Fee SubdM-inn Pee $&'+C 00 Prymmte: Type Datall Amount recx 138 {3;00.00 _.._. Total Amount:al Printed by:Cashier Page I of t 062301201401:.8:58 PM Case No.514-017 Application Page 2 of 8 Page 414 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7A FEZ REGULAR MEETING.AUGUST 20.2054 I Submit by Email „:: .` Kodiak Island Borough Community Development Department 71 9 Bay Rd. 205,Kodiak,AK 99615 dr . Ph..((90 07)486-93636 2 Fax(907)486-9396 Print Form , http://www.kodiakak.us Subdivision Application Kodiak Island Borough Code Title 16 Applicant lnformati,pry. Property Owner/Applicant Davtd Townsend/Kodiak Island Borough Mailing Address: P.O.Box 9044,Kodiak,A&99615/710 Min Bay Road,Kodiak,AK 99615 Phone Number: (907)654.4123/(907)485-9302 Other Contact email,etc.: davetown@hotmail.com Agent&/or Surveyor: Pilch Land Surveying Mailing Address: P.O.Box 641,Willow,AK 99688 �... Phone Number: (9077354a124 Other Contact email.etc.: Current Legal Description(s): Tract A,Raven Hills Subdivision Proposed Legal Description(s): Lots 1,2,and 3,Raven Hills Subdivision,Townsend Addition Note This is a supplemental application signed by a majority of the property owners affected by the vacation of the portion of the sec wide road and utility easement that runs through Lot 3 of this proposed subdivision(AS 29.40.120).Seven(7)property owners are affected by this vacation(minimum of four signatures required)_Additional signatures are on the back of tIs application. Are you requesting o waiver olany subdivision requirement according to 108C16110.0 JO? (—Yes % No Oats 1f3 Signature: D nsend/Charles E.Cassidy 1R,KI6 Manager Payment Verification Fee Payable in Cashier's Office Room X104-Main Boor of Borough Building n µms, Waiver Plat per NBC 16.10.050. P S 75.00 /x 00 ” Fa S OPPLItA IAL. Abbreviated Plat per NBC 16.30: P 5300.00 A$6 Preliminary Plat pet NBC 16.40(maximums 121ots7: r uc.rria 0.00 u Preliminary Plat per NBC 16.40(more than 721ots): S ra be determined based on maximum number of lots proposed Vacation Plat per KIBC 16.60: /' r 5350.00 Date: J/j q7Y COO Staff: sack Maker (1 S1bMA'tl4-CS CAC Otut A1Otnnu4C n(ffCTGA 6TotrftV- owut? op WICK a Case No.514017 Appticatian Page 3 of 8 Page 415 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A P&2 REGULAR MEETING'.AUGUST 20,2014 `I'_ iV A tit:, APyPOr, ?c C.A 7"67' U4' i4C R)AC g.n<e;nCrT i'tx. �N��Ly 6 4,cyr 6r�C , Ri Ya,� R[Je -tA a , 8447 tnlcvIE D , q tj 7-`)9A- ko!41;c.Raat 4AL.( Case No.S14.017 AppLca1iorl Page 4 of 8 Page 416 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... • AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7W P&Z REGULAR MEETING.AUGUST 20,2914 Kodiak Island Borough Community Development Department Submit byemad 710 Mill Bay Rd.Am 205,Kodiak,AK 99615 I Ph.(907)486-9362 Fax(907)486-9396 .Pant Form>e. http://www.ko-ltiakak.us Subdivision Application Kodiak Island Borough Code Title 16 Applicant information: Property Owner/Applicant David Townsend/Kodiak island Borough Mailing Address: P.O.Box 9044,Kodiak,AK 99615/710 Mill Bay Road,Kodiak,AK 99615 Phone Number: (907)654-4123/(907)486,9302 Other Contact email,etc: davetown hotma➢com Agent 6/or Surveyor: Pilch Land Surveying Mailing Address: P.O.Box 641,Willow,AK 99688 Phone Number: (907)354-1124 Other Contact email,etc.: P gqy InfonagtiaG Curtest Legal Description{s;: Tract A,Raven Hilts Subdivision • Proposed Legal Description(s): Lots 1,2,and3,Raven Hills Subdivision,Townsend Addition _ Note:This is a supplemental application signed by a majority of the property owners affected by the vacation of the portion of the 50'wide road and utility easement that runs through Lot 3 of this proposed subdivision(A5 29.40.120).Seven(7)Property owners are affected by this vacation(minimum of lour signatures required).Additional signatures are on the back of this application. Areyou requesting a waiver of any sub divisronrequirementoccarding to IOC 16110.010? r Yes frt No Date: 7/245//Y Signature: David Townsend/Charles E.Cassidy JR,KW Manager Payment Verification Fee Payable in Cashier's Office Room k104-Main floor of Borough Building Waiver Plat per KIBC 16.10.050: r 575.00 � „„ Ftt)Ss*1t. 4LA IAL Abbreviated Plat per KIBC 1630: r 530o,00- I L J Preliminary Plat per KIBC 16.40(maximum 52 lots): r 3o.00 it�}�� Preliminary Plat per KIBC 16.40(more than)2 lots): 7"S to be determined hosed on maximum number of lots proposed Vacation Plat per KIBC 16.6tY. r 5350.00 Date: 7/36/P1 1 COD staff: Jack Maker SJGN A/UKFS aF TwDAthraamAL Aracff,,o vreffkT ' oikweCS /3-44 Case No.314-017 Application Page 5 of 8 Page 417 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A Psi REGULAR MEETING.AUGUST 20,2014 ,t4,,,? 066? LAetvti ) V C?"‘`) OS- gto- qc"-I a4G_ra eaf5r r 15q Saw nu c n1�'- Case No.514-017 Application Page 6 ul Page 418 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wd_. AGENDA ITEM #13.0.1. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING'.AUGUST 20,2014 tuiy 28.2014 Regarding the subdivision application for Raven Hills Subdivision Tract A,utility and road easement. I would like to vacate the existing road and utility easement to allow for better use or the land.The current easement does not follow a preexisting access. 1 would like to build my house in the path of the current easement,The present road and utility easement Is not being utilized In any way.I have spoken with the land owners whose property borders the existing easement and they do not want the easement. A new road and utility easement to serve the proposed three lots is part of the subdivision application plot. Thank you, David Townsend PO Box 9044 Kodiak,AK 99515 >-�' : r/y Case No.S14-017 Application Page 7 of 8 Page 419 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... > 0 a) o_ a) PUBLIC HEARING ITEM 7-A N P8Z REGULAR MEETING'.AUGUST 20,2014 O a) O O a) �� arcs / %/ 1 Ci(( I y%??42*'l��1(4i O / r999,-,"ti , 1 /. N / ��- t_✓ ,/111 1✓/p`s� ;, { 1 L v/ I II}) yrc / O (4,230://ii-1,,, v / ▪ /-,.. 1 / ( 1 O /��o / /� }-i --��v 114 L- 1) 11 VICINITY MAP ▪ � rr u„. uo�./ ( c n/ .� ,/— Y ; • { ,' - ( / c8 I. / ,c,,/ LEGEND- °- 2`,°� A ./L ;Y ° \ / /I 7,2.„)� i x.i ls /i � I��/ s. - CAIN] ...u�,....., o - rkl 1/` /il ,A ik 1N� ?zit m� EI�� /L01�,1/,,,/ S✓\ c„W L ,m.E- ice„ f ) /1/22-2" �,, 19 ACAf5 C _ I / / 1)1111 �' I a ( f dl Goan ICAIE OE OWNERSHIP O- �' i, ) Y 1- — /�r r t�k1i1%1�1 k.LO1 3 t I\, //// C tG 1 4 L u,31 / i� oAhn r sr o 1 )r. l / - / i) k✓,v'� ) r % '{',I 111 I!//1 'r eta' 1/ /�/ „Kim, ,K vo.. 71 a 1 / .99616 /i j,�� c-' %-N- >ti ° 1 //',._/'/ IPA1 C)? r .1 r J/, /7/' , _4 / /- 1 / l„ • ';11 4 LI/IU� / ;4(J /\/ : PRELIMINARY /4 /. f / / R {�// � �r< i / , �i 1 / c�L07r�� 1 , -7 %0 (7'/0 1'( ' ' '' RAVEN HILLS NDSUBOMSIGN - > S• / I '/ ' ` - /v 1�� / I y i , 'J TOV 4SEND A0fl ON -d- s—'�C- � ws 1 /,'/ , 1 / 2 /N o zo " �\ I ; f//�/�/ .f' �� (�S ) 0/00,•'<__,t- -) y �(t f, / e(qN J // 1 SURVEYORS`ar: Ic/-1,-.ET-� °.J _- _ .)1 c /// ., .�n...�...o a.�...... PIL CH IAND SURVEYING 1 (9919 9191991219 2911 291 999990S 290,„9„ , ..r wwml Pe 61 ILO n1ASNA 9Ntla i� PAU YLLCr.GIS 90]-354-1124 0 D scot[ =sa' Dan 6129/1, rn a) co co Z -o. _. __ ____._—_ ._- ._ __. . 0 IN o o Case No.S14-017 Application Page B of Ill A CO Ui O v AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM PA P8Z REGULAR MEETING'.AUGUST20.20,4 (t. ¢" , Kodiak Island Borough f R Community Development Department s ;� 710 Mill Bay Road Roam 205 ra;rt s: Kodiak,Alaska 99615 Phone(907)486 9363 Fax(907)486-9396 „ ? www.kodiakak.us se July 7,2014 Mr.David Townsend PO Box 9044 Kodiak,AK 99615 Re: Case SI4-017. Request preliminary approval of the subdivision of Tract A, Raven Hills Subdivision vacating a road and utility easement and creating Lots I, 2, and 3 Raven Hills Subdivision,Townsend Addition(KIBC 16.403 Dear Mr.Townsend: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 20,2014 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, August 13, 2014 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.Its advance,thank you for your cooperation. Sincerely. � „. �(�\\/J Sheila Smith.Secretary Community Development Department CC: Mr.Robert Schulze,Borough Resource Officer Case NO.544-017 Public Comment Page t of IS Page 421 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A P8,2 REGULAR MEETING:AUGUST 20,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak,Alaska 99615 {907)486-9363 umtw kodiakakns July 8.2014 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,August 2014. 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 rg uest: CASE: 514-017 APPLICANT: David Townsend/Kodiak Island Borough AGENT: David Townsend REQUEST: Preliminary approval of the subdivision of Tract A, Raven Hills Subdivision vacating a toad and utility easement and creating Lots 1, 2, and 3 Raven Hilts Subdivision,Townsend Addition(KIBC 16.40). LOCATION: 2840 Monashka Bay Road ZONING: RR I-Rural Residential One This notice is being sent to you because our records indicate you are a properly 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 Connminily Development Department.Written comments must be received by 5 pm,Tuesday,August 5, 21)14 to he considered b. the commission.If you onuld like to fax your comM0015 to us,our fax number is:(907) 486-9396,or you may email tour continents to ssm ithPdtkodinkak.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 1-855-492-921)2. One week prior to the repnlar meeting,on Wednesday,August 13,2014,a work session will be held at 6:30 p.m.its the Kodiak Island Borough Conference Room(+12 I),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights ii'you disagree with the Commissions decision nn this request. II'you have any questions about the request or your appeal rights,please feel Ike to call to at 486-9363. Yam-now: Stalling Address: Your proper(.description: Coa,mems: Case No.S14-017 Public Comment Page 2 of 1S Page 422 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... D a a 0 C v_ 0 PUBLIC HEARING ITEM]-A Paz REGULAR MEETING'.AUGUST 20,2014 A TS tt66 SU t p / e 1 114 LOTS PAIL WINM 01.0 ,di . fu or 1 1_1_416?TN 0 x.n.oNU.m Vi ' C 2 ♦ 1 K A• VICINITY MAP T rur M ZC 1 AO4 ACHES L GFUD Cn.N(ID r .Pt.r `G I�lllgpp,,,, �/ y b j " ° 1I ll 1 5 5646 wre MS r n° an,/`" L y. nk �t>II� to T ti s a� LOT 2 c.x O It / ' 1 9A6 ACRES ,. 5 v^ti _ � CERTIRICAT OF OWNERSHIP sy, �22]BACR15 P� r/ YY •,� n. o• A •.\ rvmtt � 1111 i M - DAY 9 Ho 1 AK AK s9615 soOI , 9914 hill , f'p d 1 4. 9b> PRELIMINARY \ 1 m LE --m K a ;,E ,""' II / RAVEN HILLS SUBDIVISION auwiE �/:1� TOWNSEND ADDITION / / 1 4 Ar - SURVEYOd� rss.rr 4�rPILCH LAND SURVEYING m ROY 641 MLLOW ALASKA 99656 0AUI FILCH.PLS 0°7-/54-TT24 0 CO SCALE Y-50 DATE 6/29/14 1 CD A N w y O Case No 514017 PublIC Comment Page 30115 m CAI O > -o 1 0 C C..) 0 sa yr PUBLIC HEARING ITEM i-A N P8Z REGULAR MEETING:AUGUST20,2014 0 co 0 0 0 0 0 4, p First Name Last_Name Mail_Line_ Mail Unel Mail_City Mail_State Mail Zip 0 ROBERT I BAER 2847 LAKEVIEW DR KODIAK AK 99615 LYNN BASH 3117 MONASHKA BAY RD KODIAK AK 99615 CARL BRADHAM P.O.BOX 3111 KODIAK AK 99615 MI ROBERT BUSHELL PO.BOX 8626 KODIAK AK 99615 "c PHILIP M CULLUM P4 BOX 1092 KODIAK AK 99615 471 REY ESTRADA PO BOX 8309 KODIAK AK 99615 O VIRGINIA F&JOSEPH R GLASHEEN PO BOX 8663 KODIAK AK 99615 o1 O ERIK GOOSSEN P.O.BOX 2908 KODIAK AK 99615 a MICHAEL HANSEN P.O.BOX 822 KODIAK AK 99615 * DAVID HANSEN PO BOX 2696 KODIAK AK 99615 C3. TRENT HARTILL 1579 MONASHKA CIR KODIAK AK 99615 WILLIAM HUGHES 903 SEXTANT WAY ANNAPOLIS MD 21401 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 KODIAK VENTURES,INC. PO BOX 1066 KODIAK AK 99615 JEFFRY MARCH 1628 MONASHKA BAY CIRCLE KODIAK AK 99615 MIDDLESWORTH FAMILY TRUST 22814 EENBY LANE SWAN LAKE MT 59911 JAMES PURDY ETAL P.O.BOX 2322 KODIAK AK 99615 STEVEN RUOTSALAINEN ETAL PO BOX 2499 KODIAK AK 99615 RICHARD RYSER PO BOX 8908 KODIAK AK 99615 JAMES SPALINGER P.O.BOX 1462 KODIAK AK 99615 DANIEL STIHL ETAL PO BOX 3373 KODIAK AK 99615 THOMAS TORMALA PO BOX 8829 KODIAK AK 99615 EDWARD WALTON ETAL RENATE KESSLER P 0 BOX 3123 KODIAK AK 99615 I> 0 -u nil (0 Z 0 O N A 0 Case No,514471I Public Comment Page^of 15 CH R H CJ p J. AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A P52 REGULAR MEETING'.AUGUST 20.2014 A A Kodiak Island Borough Community Development Department 710 Milt Buy Road • �tiY r" Kudiak,Alaska 99615 ,{ {55 _4, ''"`'. Phone(907)486-9363 Fax(907)486-9396 < www.kodiak.ak.us Srt July 28,2014 Mr.Dave Townsend P.O.Box 9044 Kodiak.AK 99615 Re: Case 514—017. Preliminary approval of the subdivision of Tract A,Raven Hills Subdivision vacating a road and utility easement and creating Lots 1,2,and 3 Raven Hills Subdivision, Townsend Addition(KIBC 16.40). Dear Mr.Townsend: The Community Development Department received the application for the above referenced case on June 30,2014. The case was scheduled for Public Hearing during the August 20, 2014 Planning and Zoning Commission regular meeting. The required Public Hearing Notices were mailed out on July 8,2014. Public comment raising concerns about the vacation of the portion of the 50 foot wide road and utility easement that runs through Lot 3 of your proposed subdivision was received on June 22, 2014. Staff further researched the vacation of that easement and has determined that the signatures of a majority of the property owners affected by the vacation are required on the application (AS 29.40.120 and KIBC 16.10.040). A written statement containing reasons in support of the vacation must also be provided with the application (KIBC 16.60.030.A). Since no written statement was provided and the requited signatures were not included on the submitted application, we have determined that the application is incomplete (i.e., not properly submitted). Subsequently, your request has been withdrawn from the August 20,2014 meeting. Because this application was not property submitted, the 60 day processing timeframe for the Planning and Zoning Commission public hearing has not commenced(KIBC 17.195.040). We recommend that you submit a supplemental application that includes the signatures, printed names,legal description of the affected property,and contact information for a majority of the seven (7) property owners affected by the vacation of the easement in question. A written statement containing reasons in support of the vacation must also be provided. Once the application is submitted and found to be complete, your request will be scheduled for public hearing within 60 working days after the date of the next available Planning and Zoning Commission meeting deadline and new Public Hearing Notices will be mailed. If you have any questions about the action taken regarding your applications, please contact this office at 486-9362 Note: The applicant submitted the requested written statement Sincerely, and supplemental applications with additional signatures on July 30, 2014. The Community Development Department Director determined that updated public hearing notices reneging the - additional applicants would be mailed out and that the request Jack L. *aker,Assistant Planner could go to public hearing at the August 20,2014 regular meeting. Cc:Robert Scholze,Borough Resource Management Officer Case No.S14.017 Public Comment Page 5 of 15 Page 425 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A PRZ REGULAR MEETING'.AUGUST 20,2014 Kodiak Island Borough R A R Community Development Department a a < 71U Mill Bay Road Room 205 "I ittif ;el rc Kodiak,Alaska 99615 Phone(9O7)486-9363 Pax(907)486-9396 www.kodiakak.us July 31,2014 Mr.David Townsend PO Box 9044 Kodiak,AK 99615 Re: Case 514-017, Request preliminary approval of the subdivision of Tract A. Raven Hills Subdivision, vacating a road and utility easement and creating IRIS 1, 2, and 3 Raven Hills Subdivision,Townsend Addition(KIBC 16.411). Dear Mr.Townsend: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public I tearing at their August 20,2014 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, August 13, 2014 at 6:30 p.m. in the Borough Conference Room 0121).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 audios 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,ht advance,thank you for your cooperation. Sincerely, ch-)esQa C Sheila Smith,Secretary Community Development Department CC: Bob Schulze,Borough Resource Officer Philip Cullum Barbara Spalinger Robert Baer Case No.514-017 Public Comment Page 6 of 15 Page 426 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A PET REGULAR MEETING'.AUGUST 20,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Ray Road,Kodiak,Alaska 99615 (907)480-9363 nwkodiakak.us July 31.2014 Public Hearing Item 7-A PUBLIC HEARING NOTTCE A public hearing will be held on Wednesday,August 20,2014.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: SI4-1117(Re.advertisement of notice due to addition of three applicant names) APPLICANT: David Townsend/Philip Cullutn/Barbara Spalinger/Robert Baer/Kodiak Island Borough AGENT: David Townsend REQUEST: Preliminary approval of the subdivision of Tract A, Raven Hills Subdivision, vacating a road and utility easement and creating Lots I. 2. and 3 Raven Hills Subdivision,Townsend Addition(K IBC 16.40). LOCATION: 2840 Monashka f3as-Road ZONING: RRI-Rural Residential One This notice is being sent to you because our records indicate you are a property owner/interested party its the area of the request If you do not wish to testily verbally,you may provide your comments in the space below or in a letter to the Community Des'elopn rent Department Written comments most be received by 5 pm,Tuesday.August 19, 2014 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 ssm ittt9tkodiakak.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 loll free telephone number is 1-855-492.9202, One week prior to the regular meeting,on Wednesday,August 13,2014,a work session will be held at 6:30 p.a,.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- +63. Van.Name: Maiting.sddera,: 11555 prnperry description: Comments: Case No.514-017 Public Comment Page 7 of 15 Page 427 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... ON et- I°9abed 14a'AW,,Ypte llOP S „e0 :.tcc�su+5 su-✓c is e oa A �l� i4"11 4 /1, 1 V //2 / ye � N�/ LW"' / aaa�N��ta 5 s, 4 / iii r/ k7�/r �fry ) / r ' ✓ r t/ �7 .� '_i ■∎, r , � '/ r, ; r t .\ cr /r �, w ». i x r„ ■ 1 , , / `��/ �' /7' 1 ,-/-17-0 �4 Kavma "a "'. .. , ', / J �i ° 3, 'b. 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' try 4�-.��,�C,L \n ,'�w /r ■ J r. ° a � � =z ,/v/ My a2r :' 'L"" ,1VJt3 u33 / b Gr' st \‘,,,l, " v t ? s/ €2 9 ' 2 i 1 °.k .n • ""' :yMO 36 �a xs�`` 'W' 4 'V i, '#nv p' .//. -i�j' \ o°w 0 0 / Y / wN �� VII:, '� ; '/;YD'S �� i\ // , ,.t;t'"t «a, °'b \ 3, ., / ,1s 3,1 ak.Ii A, i1,j 11 _..., MI > a 0 C w 0 v PUBLIC HEARING ITEM 7-A O P8Z REGULAR MEETING'.AUGUST 20,2014 n N O 3 O_ C) O a p First_Name Last Name Mail_Line_ Mail_Linel Mail City Mail_State Mail_Zip 7 ROBERTT BAER 2847 LAKEVIEW DR KODIAK AK 99615 O_ LYNN BASH 3117 MONASHKA BAY RD KODIAK AK 99615 O CARL BRADHAM P.O.BOX 3111 KODIAK AK 99615 71 ROBERT BUSHELL PO.BOX 8626 KODIAK AK 99615 `C PHILIP M CULLUM PO BOX 1092 KODIAK AK 99615 01 REY ESTRADA PO BOX 8309 KODIAK AK 99615 O VIRGINIA F&JOSEPH R GLASHEEN PO BOX 8663 KODIAK AK 99615 T ERIK GOOSSEN P.O.BOX 2908 KODIAK AK 99615 O 0 MICHAEL HANSEN P.O.BOX 822 KODIAK AK 99615 DAVID HANSEN PO BOX 2696 KODIAK AK 99615 p_ TRENT HARTILL 1579 MONASHKACIR KODIAK AK 99615 WILLIAM HUGHES 903 SEXTANT WAY ANNAPOLIS MD 21401 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 KODIAK VENTURES,INC. PO BOX 1066 KODIAK AK 99615 JEFFRY MARCH 1628 MONASHKA BAY CIRCLE KODIAK AK 99615 MIDDLESWORTH FAMILY TRUST 22814 FENBY LANE SWAN LAKE MT 59911 JAMES PURDY ETAL P.O.BOX 2322 KODIAK AK 99615 STEVEN RUOTSALAINEN ETAL PO BOX 2499 KODIAK AK 99615 RICHARD RYSER PO BOX 8908 KODIAK AK 99615 JAMES SPALINGER P.O.BOX 1462 KODIAK AK 99615 DANIEL STIHL ETAL PO BOX 3373 KODIAK AK 99615 THOMAS TORMALA PO BOX 8829 KODIAK AK 99615 EDWARD WALTON ETAL RENATE KESSLER P 0 BOX 3123 KODIAK AK 99615 IN 0 -o m °' z co o a N n co O A Case No.514-017 Public Comment Page 9 of 15 ni cn It w 6 AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING.AUGUST 20,2014 Sheila Smith From: KLS <kodiaklandsurveying@ak.net> Sent: Tuesday,July 22,2014 4:37 PM To: Jack Maker Cc: Bob Pederson;Sheila Smith Subject: Case S14-017,Townsend Addition Subdivision Community Development Department Kodiak Island Borough, Public Comment Case S14-017 Townsend Addition Subdivision, I recently received notice of this proposed subdivision and given the nature of the vacation requests it has spurred great interest in the neighborhood.Just to give you some of the background information concerning this subdivision and my past involvement.—I surveyed an adjoining lot in 1988 and became very interested in the area;I consequently purchased a lot in 1990 with the intent of utilizing the road and utility easement shown for service to a future home on my new property.Shortly after that time the easement came into question when a property owner in the area wanted to vacate the easement servicing Sawmill Circle.At this time I surveyed the easement and conducted constructability reviews and received construction costs from local contractors to build a driveway across the easement.I presented this information along with profiles and supporting evidence to P&Z to retain this road and utility easement,At the time KIB consulted an attorney(Jamin,Ebell,Bolger&Gentry)due to the fact that this is labeled as a"rood easement"and the attorneys response to KIB stated that the easement was dedicated on the original plat and according to Article 1,Section 18 of the Alaska Constitution that"private property shall not be taken or damaged for public use without just compensation".The easement is currently treated as an easement but according to legal interpretation it is more likely a public rood because of language on the original plat.This could lead to KIB liability if this issue went to court. The easement was again under review in 1991 when KIB hired HDR Engineering to conduct a study and present a "Monashka Bay Water and Wastewater Plan"for the area.I attended several meetings during that time and this easement was utilized in the plan for future water and sewer service to the Monashka Bay area,This easement stands out among other easements in Monashka Bay because most specify"electric easement"exclusively but this one is for all utilities and would support water and sewer. The easement again came into question in 2003 and 2004 when I surveyed and subdivided the parent lot 7A for subdivision by Kodiak Island Borough, The easement received extensive scrutiny by KIB staff and property owners of the lots it serviced and it was decided to retain the easement and more over it was decided to retain it in its original position instead of moving it to the new lot line because KIB didn't want the lots it services to incur any additional costs or constructability problems due to its being relocated.The lot the easement is located on was originally set aside by KIB due to this issue and two other lots were prepared from the parent lot for sale to the public.The two lots received extensive planning and new easements were created as to cause no impact to already existing lots and property owners in the area and Tract A was not considered for sale at the time. I was disappointed that KIB recently choose to sell this lot without addressing this issue and I was confused that the two other lots that were prepared for sale in 2004 were not 1 Case No.S14-017 Public Comment Page 10 of 15 Page 430 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A PAZ REGULAR MEETING.AUGUST 20,2014 offered to the public since that was the original purpose of the subdivision.I was even more disappointed that the purchaser of Tract A immediately wanted to vacate this road and utility easement and take it away as a contributing asset to the development of the community. So as a property owner directly affected,this will be the third time this easement has went up for possible elimination or relocation.The easement was originally put in place by the State of Alaska in the 60's to service as a road and utility easement for the lots in this area.The subdivision was studied at the time and it was decided due to topography that this easement was necessary for access to the area. As people purchased property over the last 40 years in the area this easement has been utilized several times,it was necessary for the approval of two subdivisions and two proposed subdivisions that never went through.I purchased my property with the knowledge that I could always subdivide my property by utilizing this easement.Through the years I have talked with several neighbors with the same plan. I have surveyed the easement and walked it with contractors and the route proposed for vacation is the most constructible route to adjoining property.The utilities servicing these new lots would come from Monashka Bay road so elimination of this easement would possibility make subdivision cost prohibitive or impossible and remove great property value from the entire neighborhood.As KIB knows from the price it received for this property recently,the lots in this area are in high demand and highly valued.To allow the easement to he eliminated from the area would be a great loss of property value to the long time property owners and has some questionable legal and/or financial consequences. In the past KIB had proposed the easement be relocated at the new property line between Tract A and the new lots 1&2 of Raven Hills Sub.I believe this would be a good compromise between the current owner who wants as much area unencumbered as possible and the existing property owners in the area that want to retain existing public access to their land. I plan on presenting this information to the P&Z Commission when the matter is reviewed but I wanted to bring this information to the CDD staff so they could investigate the matter and make a recommendation to the commission. One request I would like to make of COD is I received my letter showing the preliminary plat for this subdivision but I did not receive a copy of the complete plat.the notes are not legible and have great pertinence to this subdivision. Additionally-missing from the preliminary plat are the existing utilities within the plat.Both water and electric go by this tract along Monashka Bay Road and showing how close these are to the easement and the future service route across this easement is very important to making an informed decision in this matter.According to KIB code Title 16,this information is required and I believe it is very important to the adjoiners and the utility providers to know how close the utilities are to this easement so they can consider this before they comment on the subdivision and vacation. Thank you very much for your consideration in this matter and if you have any questions at all please contact me.I am available at your convenience. Sincerely Jim Purdy Cell: 539-1945 Hm: 486-7661 Case No.514-017 Public Comment Page 11 of 15 Page 431 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING.AUGUST 20,2014 Sheila Smith From: KLS <kodiaklandsurveying@ak.net> Sent: Friday,July 25,2014 3:53 PM To: Jack Maker Cc: Bob Pederson;Sheila Smith Subject: FW:Case S14-017,Townsend Addition Subdivision Correction to earlier email. Community Development Department Kodiak Island Borough, Public Comment Case 514-017 Townsend Addition Subdivision. This easement stands out among other easements in Monashka Bay because most specify"electric easement"exclusively but this one is for all utilities and would support water and sewer. I made this statement from info I read from a letter from Ann Moen-KIB Engineering dated September 1,1988.I latter did some additional research and looked at plats from the area and determined that most of the easements are in fact labeled"utility easement"and not electrical like I stated. Please disregard this point in my earlier correspondence. Thank you. If you have any questions please contact me.I am available at your convenience. Sincerely Jim Purdy Cell: 539-1945 Hm: 486-7661 From: KLS[mailto:kodiaklandsurveying @ak.net] Sent:Tuesday,July 22,2014 4:37 PM To:Jack Maker Cc: Bob Pederson; Sheila Smith Subject:Case 514-017,Townsend Addition Subdivision Case No.514-017 Public Comment Page 12 of 15 Page 432 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A PAZ REGULAR MEETING:AUGUST 20,2014 Jack Maker From: KLS <kodiaklandsurveying @ak.net> Sent: Monday,August 04,2014 9:38 AM To: Jack Maker Cc: Sheila Smith Subject: Please provide receipt verification to this email -FW:Case 514-017,Townsend Addition Subdivision Community Development Department Kodiak Island Borough, Public Comment Case S14-017 Townsend Addition Subdivision. Jack, Please update contact information on local owners effected by this subdivision. I no longer own the property effected by this subdivision so I will not be commenting to P&Z on this issue. Sincerely Jim Purdy From: KLS[mailto:kodiaklandsurvevinq@ak.net] Sent:Friday,July 25,2014 3:53 PM To:Jack Maker Cc: Bob Pederson; Sheila Smith Subject: FW: Case 514-017,Townsend Addition Subdivision Correction to earlier email. Community Development Department Kodiak Island Borough, Public Comment Case 514-017 Townsend Addition Subdivision. This easement stands out among other easements in Monashko Bay because most specify"electric easement"exclusively but this one is for ail utilities and would support water and sewer. I made this statement from info I read from a letter from Ann Moen-KIB Engineering dated September 1,1988.I latter did some additional research and looked at plats from the area and determined that most of the easements are in fact labeled"utility easement"and not electrical like I stated. Case No.514-017 Public Comment Page 13 of 15 Page 433 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1- PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING:AUGUST 20,2019 Jack Maker From: Rob Baer<kodiakrob @gmail.com> Sent: Saturday,August 02,2014 11:22 AM To: lack Maker Subject: Public comment case#S14-017 ack. I will be at sea during the work session and regular meeting. Will you please ensure my attached comments are submitted to the P&Z commission and to the assembly for final review? Thank you for your time. ROB Baer 907-942-2237 Planning and zoning commission thank you for your time. I. Robert Baer;of 2847 lake View Dr. apologize for not giving you my feedback in person but I am currently at sea.This is concerning case#514-017 subdivision of Raven Hills Tract A and vacation of the road easement and utility easement. I fully support Mr.Townsend's proposed subdivision of Tract A into the 3 lots as depicted on his proposed plat. I also fully support the vacation of the 50'wide road and utility easement through'tract A and connecting to my property. I believe this road and easement was created by the State DOT many years ago by someone who did not have an accurate topographic survey nor by anyone who actually walked the land. I also believe the intention was to provide access to the lower(northwestern)portion of my lot I I 9C).Not only is this road access unnecessary as I and my utilities access my lot front Lake View Dr.but it is completely impractical and unreasonable from a cost and development standpoint. In short this road and utility easement would; I)Require a large straight swath of tree removal creating a wind tunnel in a northwest direction in an area heavily forested with old growth timber. 2)require significant soil and rock removal on the entrance of the road to meet the DOT required<I4%grade. 3)require the road to span a 35'deep valley on the south side of the lot that would either require a massive amount fill or a 150' long bridge. 4)the road would then need to continue on through my property and cross an anadromous stream to get to my house or to get to any other developable land to meet RRI building code. I don't need it and I don't want it. Please remove this unnecessary and burdensome road and utility easement so that Mr.Townsend's practical site development plan can proceed. I also would like to express my disappointment in the execution of the disposal of this land.The borough has had this land slated for disposal since I purchased my property 14 years ago.a has taken this long to make it happen and yet still allowed this piece of land to be disposed knowing it had this unnecessary road and easement running right in the middle of the lot,thus putting the burden on the new land owner and significantly delaying his permitting application. Thank you for your consideration. Robert Baer 907-942-2237 t Case No.514-017 Public Comment Page 14 or 15 Page 434 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A PSZ REGULAR MEETING:AUGUST 20,2019 t ' KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 www.kodiakak.us July 31.2014 Public Hearing Item 7-A PUBLIC HEARING NOTICE -ee_.._ A public hearing will be held on Wednesday,August 20,2014.The ntceting 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: 614-017(Re-advertisement of notice due to addition of three applicant names) APPLICANT: David Townsend/Philip CullumBarbara Spalinger/Robert Baer/Kodiak Island Borough AGENT: David Townsend REQUEST: Preliminary approval of the subdivision of Tract A, Raven Hills Subdivision, vacalimg a road and utility easement and creating trots I,2,and 3 Raven Hills Subdivision,Townsend Addition(KtBC 16.40). LOCATION: 2840 Monashka Ray Road ZONING: RRi-Rural Residential One This notice is being sent to you because our records indicate you are a properly owner/interested party in the area of the request. Ifyuu 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,Tuesdav,August 19, 2014 to be considered by the commission.If you would like to fax your comments to us,our fat number is:(907) 486-9396,or you may email your comments to ssmitLCarkdiakak.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 486,323 1. The toll free telephone number is 1-855-492,9202, One week prior to the regular meeting,on Wednesday,August 13,2014,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 Code provides you with specific appeal rights if you disagree with the Commission's derision on this request. If you have any questions about the request or your appeal rights,please feel free to call us at 486-9363. j �+�,�a- �yy ??31 Soot Sams �t; 4k /Surma 2RgLKRS<EJt/�210 esaeera: la ...tu..Sj�+P Rt) S<stprapeerydraerpsise: ik t I'4 a &3tiFea 1{r It S Se RD Comment. AS 51i312.41+S,atJ ,fEatti.) Hatt) 2 Lek fsn " 4alrri p4 ND2E it-s aN_......L7-t+T 2a-9 )140 rorfng, pran;f0c- KwwnIn 12,–)5 nF kilts p Vitt 4t (V Jj%9nr,J_CF........7 Ste Fr 2010E t�qL AwP_.....u`nu i ri ._- £16.41 earl T IS (c •,5TE^2- J WMRT" iq"_'QS Tp Cyr HaJE 3d.: ,yr_-_'�tr�tre'IE,v7- a Pa,-' 71=i ,,,i}n,'J Ac50 . 7` g ,QEccmm - f lu ea.7 •> c r- or .,:a . . cM STAFF" M r!t'sE --C.74,-tin 17 r Ai, tal cit.= T:lb Case No,S14-017 Public Comment Page 15 of 15 Page 435 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING.AUGUST 20,2014 fa Kodiak Island Borough R �� ..��,r Community Development Department t� 4�i y n , ) 710 Mill Bay Road Room 205 'E, Kodiak,Alaska 99615 ,r,+ Phone(907)486-9363 Fax(907)486-9396 a� www.kodiakak.us To: PRELIMINARY PLAT REVIEW AGENCIES Alaska Communications Systems-Engineering Department-Kenai Alaska Department of Fish&Game-Division of Habitat Alaska Dept.of Transportation&Public Facilities-Central Region Planning City of Kodiak-Building Officials Fire Marshal Bayside Fire Department GCI Cable,Inc. Kodiak Island Borough-Engineering and Facilities Department Kodiak Island Borough Parks&Recreation Committee Kodiak Electric Association-Engineering Department U.S.Army Corp of Engineers United States Postal Service Kodiak Island Borough-Information Technology Department Kodiak Island Borough-Finance Department FROM: Sheila Smith,Secretary DATE: July 8,2014 RE: Case 514-017. Request preliminary approval of the subdivision of Tract A, Raven Hills Subdivision vacating a road and utility easement and creating Lots 1, 2, and 3 Raven Hills Subdivision, Townsend Addition(KIBC 16.40). The Kodiak Island Borough Community Development Department received the enclosed plat for review and action by the Kodiak Island Borough Planning and Zoning Commission at their August 20, 2014 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak,Alaska.We would appreciate your review and comment regarding this proposed plat. The week prior to the regular meeting on Wednesday,August 13, 2014 at 6:30 p.m. in the Kodiak Island Borough Conference Room, the Commission will hold a work session to review the packet material for the regular meeting. Therefore, we will need to receive your comments no later than 5:00 p.m. on Tuesday,August 5,2014 in order for your comments,suggestions, or requests to be considered by staff and discussed at the packet review work session. If we do not receive a written response from you by August 5th, we will conclude that you have no requests or suggestions. Our FAX number, should you wish to use it, is 486-9396 or you may email comments to ssmith@kodiakak.us. If you have any questions, please call the Community Development Department at 486-9363. Cas No.514-017 Review Agency Comment Page 1 of 4 Page 436 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.0.1. PUBLIC HEARING ITEM 7-A P52 REGULAR MEETING:AUGUST 20,2014 Sheila Smith From: Jackson,Byron cByron.Jackson @acsalaska.com> Sent: Tuesday,August 05,2014 7:42 AM To: Sheila Smith Subject: Case 514-017 Good Morning, Alaska Communications has no objections to Case 514-017,subdivision of Tract A,Raven Hills Subdivision,vacating a road and utility easement and creating lots 1,2,&3 of Raven Hills Subdivision,Townsend Addition, Thank You. Byron T.Jackson Network Engineer III,Outside Plant 151 Warehouse Drive Soldotna,Alaska 99669 Byron Jackson @acsalaska.com T:(907]714-8791 C:(907]394-8791 alaska COMMUNICATIONS Custmnct Setbre: 12001 806 2 08 3 alaskacommuniollons.can This transmittal may contain Cenhdential information intended solely for Inc andrssee If you are not the intended recipient you are hereby noctled that you have received this transmlt".at in error:any review.d,sseminatiOn.OrsaittutiOn or Copying Of Inrt Vans millet Is smctiy prohibited It you have received the communisation in error.plaaee notify us immediately oy reply Or by telephone at 907.2hr-3000 and ask to speak ninth me message sender In arlrNOt.please imrnedratety delete :NS message and art att moments Thank you Alaska CcmmunirNSons, t Cas No.514.017 Review Agency Comment Page 2 of 4 Page 437 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. RUSTIC HEARING ITEM 7-A PAZ REGULAR MEETING:AUGUST 20,2014 Sheila Smith From Zafian,Holly K(DEG) <holly.zafian @alaska.gov> Sent: Friday,July 25,2014 2:13 PM To: Sheila Smith Cc: Fink,Mark 1(DFG);Poydack,Joseph L(DNR);Frost.William 0(DFG) Subject: Case 514-017:Raven Hills Subdivision Townsend Addition Good afternoon, The Alaska Department of Fish and Game(ADF&G has reviewed the Preliminary Plat which requests to subdivide Tract A,Raven Hills Subdivision Lots 1,2,and Tract A located in Sections 20 and 21,T.27 5.,R.19 W.,S.M.,Alaska in order to create 3 new lots to be known as Lots 1-3,Raven Hills Subdivision Townsend Addition. It is unclear on the Preliminary Plat whether the 50'section line easements along the section line common to sections 20 and 21 have been vacated. However,there do not appear to be any actions that would block or remove public access to public lands or waters. ADF&G has no objection to the Preliminary Plat as proposed. Thank you for the opportunity to review and comment on this proposal. If you have questions or would like to discuss this further,please feel free to call or email me, Holly Zafian Habitat Biologist Access Defense Program Alaska Department of Fish and Game 333 Raspberry Road Anchorage,Alaska 99518 Phone 907-267-2292 Fax 907-267-2859 Email holly.zafian@alaska.gov Cas No Sit017 Review Agency Comment Page 3 of 4 Page 438 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.1. PUBLIC HEARING ITEM 7-A P82 REGULAR MEETING'.AUGUST 20,2014 E KODIAK ELECTRIC ASSOCIATION, INC. A P.O.9OX 787,KODIAK,AK 99615-9187 KODIAK ELECTRIC (907)486-7700 ASSOCIATION July 16, 2014 Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak,AK 99615 Dear Ms. Smith: Following are comments on the case sent to us for review under your cover letter dated July 6, 2014. Case S14-017. Request preliminary approval of the subdivision of Tact A, Raven Hills Subdivision vacating a road and utility easement and creating Lots 1, 2, and 3 Raven Hills Subdivision, Townsend Addition. Kodiak Electric requests the"30FT DRIVEWAY EASEMENT" shown on the plat be revised to READ"SOFT DRIVEWAY AND UTILITY EASEMENT'. Thanks for the opportunity to comment. Sincerely, Jim Devlin Manager of Operations and Engineering JD KgFi61{CK ■ Endeavor to produce 95%of energy soles with cost effective renewable power solutions by the year 2020. www.kodiekelectric.com Cat No S14-017 Review Agency Comment Page 4 of 4 Page 439 of 451 Approval of a Vacation of a Portion of a Fifty (50) Foot Wid... AGENDA ITEM #13.D.2. MEMORANDUM TO Kodiak Island Borough Assembly FROM : Nova M. Javier, MMC, Borough Clerk DATE : September 5, 2014 RE. Regular Municipal Election—October 7, 2014 Pursuant to KIB 730.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough's October 7, 2014 Regular Municipal Election. KODIAK NO. 1 PRECINCT NO.820 KODIAK NO. 2 PRECINCT NO.825 Chair Merle Powell Chair Esther Waddell Co-Chair Sandy Peotter Co-Chair Richard Waddell Judge Margaret Bosworth Judge Carol Wandersee Judge Gretchen Saupe Judge Helen Williams Judge Yvonne Boudreau Judge Delia Aspiras Judge Angelito Llave Judge Cecelia Esparza Judge Nita Nicolas Judge Agnes McCormick MISSION ROAD PRECINCT NO. 830 FLATS PRECINCT NO.810 Chair Mike Marion Chair Nicola Belisle Co-Chair Ellen Marion Co-Chair Marie Rice Judge Anita Sholl Judge Dale Rice Judge Joan Burnett Judge Robin Killeen Judge Alison M. Berton Judge Mary Ann Hickey Judge Lorna Steelman Judge Gregory Egle Judge Jessica Horn Judge Andrea Altman Krahn Judge Katherine Skinner Judge Lisa Foust CAPE CHINIAK PRECINCT NO. 800 LARSEN BAY PRECINCT NO. 815 Chair Teresa Stone Chair Marie Squartosff Co-Chair Alana Tousignant Judge Charlene Clampffer Judge Janice Botz Judge Annabelle Eva Wick Judge Nancy McCormick Judge Sherry Harmes Judge Donna Andrews Judge Kristin Andre Judge Gretchen Patterson OLD HARBOR PRECINCT NO. 835 OUZINKIE PRECINCT NO. 840 Chair Frances French Chair Chandra Wommack Co-Chair Justina Ignatin Judge Rebecca Anderson Judge Neta A. Graves Judge Amber Panamarioff Judge Carol Christiansen Judge Gale M. Boskofsky Judge Sharon Andrewvitch PORT LIONS PRECINCT NO. 845 CANVASS BOARD Chair Judith Clayton Karen Still Kate Loewen Judge Roxanne McGavran Randy Busch Sally Haldewang Co-Chair Roberta Sanders Judge Cassey Rowland RECEIVING BOARD Marilyn Nelson Susan Norton Marya Nault David Girard Cathy Cordry Jeanne Miller ACCUVOTE TEAM Borough Clerk's Staff City Clerk's Staff Page 440 of 451 Approval of the October 7, 2014 Regular Municipal Election W... AGENDA ITEM #17.A.1. gEGEIVED BAY VIEW ROAD SERVICE AREA BOARD SP 4 2014 SPECIAL.MEETING MINUTES Friday,August 22,2014, 6 p.m., Bayside Fire H.II orx r+ mcs°fla can ki wisK.^c ' The meeting convened at 6 p.m. Those present were: Chairperson Reed Oswalt, Jim Carmichael, Fred Roberts, and Jim Schauff.Absent was Peter Ivanoff. Borough Manager Bud Cassidy and Clerk Nova Javier were also present. Member of the public present was Steven Ivanoff. Citizens Comments None. Items for Discussion 1. Bay View Service Area Guard Rail The Board members discussed the following: • Accidents in the past few years in the area • The need for a guard rail for safety-reasons • Steep embankment adjacent to right of way. Residents who lose control,not only slide off the road when they attempt a right hand turn from Monashka Circle on to Bay View Road, but continue over embankment. • Borough ownership of the road makes the Borough responsible for guard rail installation • Maintenance of the road is the service area's responsibility, not guardrail installation • Initial construction drawings were stamped by a professional engineer but not reviewed and verified by another person • Because the plans were not reviewed, there are possibly liability and litigation issues. The board advocated avoiding getting into a lawsuit • Manager spoke with State DOT project manager regarding old"good'guardrail that is being left in Kodiak. State DOT did verify this information. • Bids solicited by the service area from multiple companies, lowest bid was at $15K to Install the guard rail. The quote is by the vendor who is in town installing guardrail on the Monashka Bay repaving project. Other vendors would require a mobilization fee. This mobilization would occur from Anchorage. • Service Area explored the possibility of putting logs along the side of the road instead of a guard rail, borough attorney express liability concerns. Manager Cassidy explained that a legal opinion was being sought regarding where the Borough responsibility ended and the Service Areas responsibility began. Once the opinion is available from the borough attorney, it Would be shared with the service area board members. Bay View Road Service Area Board Minutes; Page 1 of 2 Page 441 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot... AGENDA ITEM #17.A1. 2. Cul-de-Sac at the Bottom of Monashka Circle Board members wished to vacate the 200 foot in diameter down to the Borough standard 100',Anything that was beyond the minimum borough requirement would be transferred to the adjacent property owners.This would be beneficial for the property owners, the service area, and the borough. Some were baffled why this cul-de-sac ended up so big in size and they wished to find out the history behind it. Platting costs to reduce the size of the cul-de-sac and show additional land enlarging neighboring parcels will be the responsibility of the properly owners who benefit. Manager Cassidy noted that he would research the history of the cul-de-sac. The board could also start this moving forward by initiating discussion with CDD Director Bob Pederson and work at starting a draft pith. (NOTE: Mr. Ecklund passed away a number of months ago—but he was a great source of knowledge. He surveyed in Kodiak for approximately 40 years before passing.) Citizens Comments Mr. Steven Ivanoff contributed/voiced his comments during item discussion. Board members Discussion Board members thanked the Manager Cassidy and Clerk Javier for their attendance.With no/objection, the special meeting was adjourned at 6:46 p.m. EZJ(n?f f" a"-- Adopted on: O+ hat aoi 4 Reed Oswalt, Chair Person Bay View Road Service Area Board Bay View Road Service Area Board Minutes Page 2 of 2 Page 442 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot... AGENDA ITEM #17.A.1. FIRE PROTECTION DISTRICT NO.1 BOA RD . RECEIVED REGULAR MEETING March 18,2014 7:35 p.m. SEP 4 2014 BAYSIDE FIRE HALL BOROUGH CLERICS OFFICE KOOIAK,ALASKA I.CALL TO ORDER CHAIR N. NELSON called the regular meeting to order at 7:35 PM 2. ROLL CALL Board Members present were Richard Carstens, Andrew DeVries (teleconference), Chair Rebecca Nelson, Jim Pickett, Kiela Pickett. Also present were Engineering and Facilities Director Bob Tucker, Scott Arndt and Secretary Jenny Clay. Ex Officio Member Bob Himes was absent. 3.ACCEPTANCE/APPROVAL OF AGENDA PICKETT moved to accept and approve the agenda for March 18,2014. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4.ACKNOWLEDGEMENT RECEIPT OF FINANCIAL REPORT CARSTENS moved to Acknowledge Receipt of the Financial Report. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5.APPROVAL OF MINUTES CARSTENS moved to approve the meeting minutes of January 21,2014. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6.CHAIR REPORT Chair Nelson stated the budget would be scheduled April I, 2014. Work session items scheduled starting for April meetings were volunteer retention, review Fire Chiefs job and Bayside staffing matrix. 7.STAFF REPORT Tucker stated that he was there to help with the boards questions. 8. ACTION ITEMS a.FY 2015 Budget Fire Protection Area No. I Board Regular Meeting March 18,2014 Page I of3 Page 443 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot... AGENDA ITEM #17.A.1. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 7:49 p.m. SUBMITTED BY: %4L4 . a d Date: 0 °l& I Jen y Clay,Bard Secretary KIB Engineering/Facilities Department APPROVED BY: g� ( �J . _a! Date: Sig j 7 . Chair Rebec a Nelson Fire Protection Area No. I Board Fire Protection Area No. I Board Regular Meeting March 18.2014 Page 3 of 3 Page 444 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot... AGENDA ITEM #17.A.1. RECEIVED KODIAK ISLAND BOROUGH SEP 4 2014 PARKS & RECREATION COMMITTEE • MINUTES BOROUGH CLERK'S OFFICE KODIAK,ALASKA March 25,2014 Regular Meeting 7 p.m. in the KIB School District Conference Room CALL TO ORDER CHAIR MARION called to order the March 25, 2014 regular meeting of the Parks and Recreation Committee at 7:11 p.m. ROLL CALL Requested excusal was Rick Lindholm and Jeff Huntley. Committee members present were Patrick Saltonstall, Michael Marion, Helm Johnson, Michael Scalzo, and John Neff. Excused were Rick Lindholm and Jeff Huntley. Ex-Officio members present were Mel Stephens and Steve Doerksen.Absent ex-officio member was Alan Schmitt. A quorum was established. Community Development Department staff present was Neil Horn and Sheila Smith. COMMITTEE MEMBER SALTONSTALL MOVED to excuse Rick Lindholm and Jeff Huntley. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMITTEE MEMBER SALTONSTALL requested to add Discussion of Killarney Hills Subdivision to Audience Comments due to Charlie Powers can't stay for long. COMMITTEE MEMBER SALTONSTALL MOVED to approve the agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER SALTONSTALL MOVED to approve the January 28, 2014 and February 25,2014 minutes VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS Charlie Powers stated the Borough is doing a land sale where Woody Way/KANA Fields is which is zoned R2. He expressed concern because this lot is important for the fields use and a lot of money has been put into improvements with fill and such. His issue is there isn't a lot of space in the main area and to take that away an opportunity for the future, He said we don't know what the community's needs are going to be 30 years from now and from a Paths and Rec standpoint Baranof doesn't take care of all the demand. We can't take care of all the user groups now and it's mainly used 2/3 of the time by the school district now but there is still demand for youth sports and for unorganized sports and there is no other place available to do them except Woody Way Field. Right now we have a facility there with fencing, a score keeper shed, two baseball fields, and there's a significant amount of grass. What's proposed right now are these four lots that would be sold. It s on the borough assembly agenda to sell the lots and Powers plans to speak to the assembly and request holding off on selling the lots so we can get some better planning In place on how that impacts the larger picture. At least take a look at the egrets and ingress because if these lots go in there's not adequate space. There are so many activities that go on there and to only have this ingress and egress off Rezanof, a main artery, isn't very wise.There needs to be a secondary ingress and egress at the very least. He believes the Borough Parks aid Rec made a recommendation at one time to have this made into a park P&R Minutes Page 1 of 3 March 25,2014 Page 445 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot... AGENDA ITEM #1T.A.1. and this is the motivation to get people to rally around the Idea that there is a core area that still needs to be an outdoor space and identified as that. OLD BUSINESS A) Draft Summary Statement to Accompany TMO's for Jack&Lee Lakes Brief discussion with consensus that the committee was happy with the summary. COMMITTEE MEMBER SALTONSTALL MOVED to approve the Jack and Lee Lakes Summary Statement VOICE VOTE ON MOTION CARRIED UNANIMOUSLY B) Pillar Mountain to Sargent Creek TMO's Consensus to have a public meeting for public input on issues with the TMO area. It was proposed to have two meetings in May, a regular meeting and then a public meeting. COMMITTEE MEMBER SALTONSTALL MOVED to hold a public meeting on our next area of TMO's on May 13th concerning Pillar Mountain to Sargent Creek TMO's. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Michael Scaizo stated he will not be at the April 22n'meeting. The committee directed staff to reserve the Assembly Chambers for May I3" and put this planning item on the next agenda. NEW BUSINESS A) Russian Ridge area&Jack and Lee Lake Area Action Items for Grant Applications Discussion of coming up with a list and ideas to present to staff to have the grant writer work on. COMMITTEE MEMBER SALTONSTALL MOVED to direct staff to look into these two TMO's for Beaver Lake and for the Sargent Creek access down on the end to come back to us with possible grant opportunities. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY B) Public access lands in PasagshaklNarrow Cape and private lands. Neil Horn provided maps showing the land of and around Burton Ranch including the gates stating it's state land all around the ranch with no easements. Horn updated the committee on the purpose of the gates, the reasons behind the no trespassing signs, and the extremely long process of establishing an easement through the state. Discussion COMMUNICATIONS A) Parks and Recreation Motion to Changes to KIBC 2.120 Memo Brief discussion. B) April 16, 2014 Planning and Zoning Agenda Discussion regarding the easement. COMMITTEE MEMBER SALTONSTALL MOVED to accept communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY PRA Minutes Page 2 of 3 March 25,2014 Page 446 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot... AGENDA ITEM #17.A.1. REPORTS Meeting Schedule: • April 22, 2014 Parks & Recreation Committee meeting at 7:00 p.m. in the KIB School District Conference Room • May 13, 2014 Parks & Recreation Pillar Mountain to Sargent Creek Trail Management Objectives Public Meeting at 7 p.m. in the Assembly Chambers • May 27, 2014 Parks & Recreation Committee meeting at 7:00 p.m. in the KIB School District Conference Room COMMITTEE MEMBER SALTONSTALL MOVED to accept reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None. COMMITTEE MEMBER'S COMMENTS John Neff said it's great that they got to talk about Beaver Lake some more and areas that can be developed for usage. Patrick Saltonstall said he hopes going to a quorum of four will make it easier. Steve Doerksen said it was good to hear about the KANA Field discussion, it does get a lot of use. Mike Marion urged everyone to go to the Assembly meeting Thursday to give comment. He stated he attended the Robert's Rules training and what would help us at our meetings is to take turns speaking and not talk over each other because it turns into a free for all. Marion also said we've been talking about a possible project on Mill Bay Beach but we need to keep it on our minds. ADJOURNMENT COMMITTEE MEMBER SALTONSTALL MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR MARION adjourned the meeting at 8:25 p.m. KODIAK ISLAND BOROUGH PARKS AND REC EATION COMMITTEE By: Michael Marion, Chair ATTEST By: Sheila mith Community Development Department APPROVED: June 24, 2014 P&R Minutes Page 3 of 3 March 25, 2014 Page 447 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot... AGENDA ITEM #17.A.1. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES April 16.2014 Regular Meeting 6:30 p.m.in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the April 16, 2014 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES lead the pledge of allegiance ROLL CALL Requested excusals were Jennifer Richcreek, Kathy Drabek, and Maria Painter. Commissioners present Alan Torres,Alan Schmitt, Scott Arndt, and Pat Olsen. A quorum was established. Community Development Department staff present was Director Pederson, Martin Lydick, and Sheila Smith. COMMISSIONER SCHMITT MOVED to excuse Jennifer Richcreek, Kathy Drabek, and Maria Painter. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the April 16, 2014 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the March 19, 2014 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION AUDIENCE COMMENTS AND APPEARANCE REQUESTS None PUBLIC HEARINGS A) Case 514-008. Request a vacation of access and utility easements Identified on Plat 88-20 for Tracts 111 and 0-2 of Tract A, Bells Flats Subdivision (KIBC 16.60). Martin Lydick stated this request is to vacate existing easements on Industrial property to allow for a more intensive development, and it was postponed from the March 2014 meeting due to confusion regarding existing utilities in the Right-Of-Way. The utility company that has utilities in that Right-Of-Way indicated willingness to vacate the majority of the easement as long as 5' along either side of the existing utility cables are retained. The property owner indicated willingness also. Staff recommended approval. 4/16/2014 P&Z Minutes Page 1 of 4 Page 448 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot... AGENDA ITEM #17.A.1. Lydick stated there's confusion on the 2008 land use designations for these parcels and staff believes these designations are a mapping error. This will be brought back to the commission with a recommendation to address the mapping COMMISSIONER ARNDT MOVED to approve the vacation of the access and utility easement identified on Plat 88-20 for Tracts D-1 and D-2 of Tract A, Bells Flats Subdivision (KIBC 16.60), subject to three (3) conditions of approval and to adopt the findings of fact listed in the staff report dated April 2, 2014 as"Findings of Fact"for Case No. S14-008. Close regular meeting &open public hearing: Ken Knowles, agent, spoke in support of this request. Close public hearing & open regular meeting: Brief discussion CONDITIONS OF APPROVAL 1. The property owner shall perfect the vacation by filing a plat depicting such vacation. The vacation and replatting of the area shall conform with the abbreviated plat procedures of Chapter 16.30 of the Borough Code. 2. The property owner shall establish a new utility easement covering an area at least five (5) feet to each side of any ACS cable found to be buried within the vacated easement. The new easement shall be depicted on the plat and a letter of non- objection must be provided by ACS prior to preliminary approval of the plat. 3. The vacation must receive Borough Assembly approval prior to becoming effective (KIBC 16.60.060). FINDINGS OF FACT 1. The vacation will increase the development area on the parcels. 2. The Sargent Creek Road frontage of Tract D-2 is sufficient for driveway access from that road. 3. Access to adjacent public lands is now available via abutting public road rights-of- way. 4. ACS is the only review agency that has identified a need to retain a utility easement and the current easement exceeds the area required to accommodate their needs. 5. The conditions of approval wilt ensure the establishment of a less obtrusive utility easement that will accommodate the requirements of ACS. 6. With the adoption of the (3) specified conditions of approval, the vacation meets the requirements of approval under Chapter 16.60 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. March Planning and Zoning Commission Results Letters B. S14-007 Draft Final Plat Review Letter dated March 17, 2014 C. Community Development Projects and Work Items Update 4/16/2014 P&Z Minutes Page 2 of4 Page 449 of 451 Bay View Road Service Area Board, August 22. 2014; Fire Prot.. AGENDA ITEM #17.4.1. Director Pederson reported on Item C and gave an update on the assembly discussion. Pederson will be out of the office from April 18 through May 5'". COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: The P&Z will be reviewing the draft revisions to Title 16 (Subdivisions), Title 17 (Zoning),and Title 18 (Borough Real Property in a series of special meeting and regular meetings on the following dates. • April 16, 2014 Special Work Session in the KIB Conference Room immediately following the Regular Meeting • May 7,2014 Special Work Session at 6:30 p.m.in the KIB Conference Room • May 12, 2014 Special Work Session at 6:30 p.m. in the KIB Conference Room • May 14, 2014 Special Work Session at 6:30 p.m. Packet Review Work Session in the KIB Conference Room immediately followed by the Special Work Session • May 19, 2014 Special Work Session at 6:30 p.m, in the KIB Conference Room • May 21, 2014 Regular Meeting at 6:30 p.m. in the Assembly Chambers • May 28,2014 Special Work Session at 6:30 p.m. in the KIB Conference Room This schedule may be adjusted as necessary to make efficient use of the Commission's time. Accordingly, any Title may be discussed at any given meeting. Please check our website for updates. C) Minutes of Other Meetings • December 10, 2013 Parks & Recreation Committee • January 28, 2014 Parks and Recreation Committee • February 28, 2014 Parks and Recreation Committee STAFF REPORT COMMISSIONER ARNDT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMISSIONER'S COMMENTS Alan Schmitt stated he was looking at the March 27th assembly work session and seen there was a presentation and presumed discussion on the code enforcement policy. Director Pederson stated basically there is a consensus to operate under the existing adopted policy that has drifted in, around, and about over the years, We will operate under that policy,report back periodically, and keep good records to see how it works. Alan Torres asked if we are stepping away from the signed complaint only based enforcement. Director Pederson stated the adopted policy says we will accept complaints anonymously but they don't take precedence over written complaints. 4/16/2014 P&2 Minutes Page 3 of 4 Page 450 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot.., AGENDA ITEM #17.A.1. Alan Torres said he went to White Sands recently and was disappointed about what people have done to the restroom. When it was put in it was a big deal and it was maintained for a few years. Its a shame that we've gotten to the point of tearing it down. He also inquired about their APA memberships. Sheila Smith said they may get publications and she can't remember what email addresses she used to create accounts off hand but will resend the information out to them. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 6:54 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Alan Torres, Chair ATTEST /�� By:{jlOQCTt 1,1 1 Sheila Smith Community Development Department APPROVED: May 21, 2014 4/16/2014 P&Z Minutes Page 4 of4 Page 451 of 451 Bay View Road Service Area Board, August 22, 2014; Fire Prot... Kodiak Island Borough Assembly Regular Meeting Guidelines September 18, 2014, 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 Assembly member Griffin will provide the invocation. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Peterson who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda: Clerk's Note: Mr. Rush asked that we reschedule his presentation to the October 16 regular meeting agenda due to an unforeseen family matter he needed to attend to. Recommended motion: Move to amend the agenda by removing Item 6.A Providence Kodiak Island Medical Center Update. VOICE VOTE ON MOTION TO AMEND. VOICE VOTE ON MAIN MOTION AS AMENDED. 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Childhood Cancer Awareness Week Proclamation— Mayor Friend 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 Kodiak Island Borough Assembly Guidelines Car■}ny-nknr 1❑ On1A pang 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2015-05 Rescinding Ordinance No, FY2014-20 By Amending Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, Section 2.30.080 Decorum in Debate, and Section 2.30.090 Citizens Rights. Recommended motion: Move to adopt Ordinance No. FY2015-05. 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. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts—None. B. Resolutions 1. Resolution No. 1995-01H Amending Resolution No. 1995-01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendments to Various Categories, Retention Schedules, and Records Series. Recommended motion: Move to adopt Resolution No. 1995-01H. Staff Report—Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines erst-tfro-nknr 1 4 0111 A D0rin 0 2. Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak Island Borough. Recommended motion: Move to adopt Resolution No. FY2015-02. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Resolution No. FY2015-09 Accepting the Recommendation of the Planning and Zoning Commission Approving the Disposal of Lots 11-14, Block 4, and a 29,979 Square Foot Portion of Tract R-2, Killarney Hills Subdivision, Comprising Approximately 1.6 Acres of Borough land, as Land Surplus to the Public's Need, and Subject to Disposal at Fair Market Value (P&Z Case 14-022). Recommended motion: Move to adopt Resolution No. FY2015-09. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 4. Resolution No. FY2015-11 Adopting a Capital Improvement Projects Priority List for the 2015 State Legislative Session. Recommended motion: Move to adopt Resolution No. FY2015-11. Clerk's Note: Attached on Ire, paper is a corrected version of the resolution, based on Assembly discussion at the last work session. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines IQ 01114 Qnnn Q C. Ordinance for Introduction 1. Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land Use Plan to Change the Future Land Use Designation of Lot 1 Alagnak Acres From Urban Residential to Commercial Business. Recommended motion: Move to adopt Ordinance No. FY2015-04 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. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 of the Kodiak Island Borough Code to Implement the Alaska Uniform Citation Procedure for Certain Violations of Borough Code. Recommended motion: Move to adopt Ordinance No. FY2015-06 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. D. Other Items 1. Approval of a Vacation of a Portion of a Fifty (50) Foot Wide Road and Utility Easement on Tract A, Raven Hills Subdivision. Recommended motion: Move to approve the vacation of a portion of a fifty (50) foot wide road and utility easement on Tract A, Raven Hills Subdivision. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines Ccnfnmknr IQ 7l11A Dann A 2. Approval of the October 7, 2014 Regular Municipal Election Workers. Recommended motion: Move to appoint the election officials for the upcoming October 7 municipal elections as listed in the memo submitted by the Borough Clerk. Staff Report — Clerk Javier 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 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Friend The next Assembly work session will be held on Thursday, September 25 at 7:30 p.m, in the Borough Conference Room. The next regular meeting is scheduled on Thursday, October 2 at 7:30 p.m. in the Borough Assembly Chambers. The Regular Municipal Election will be held on Tuesday, October 7, 2014. If you will be out of town on Election Day, absentee voting is available in the Borough Clerk's Office, Room 101 in the Borough building from 8 a.m. to 5 p.m., starting Monday, September • 22, 2014, through Monday, October 6, 2014. Please bring your voter card or picture identification with you. If you have any questions, please call 486-9310. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines Cnnten nkn. 1❑ OM A Oenn G ied: Recessed: Reconvened: , . BY: Kaciatki BY: a BY: KaikkkL) BY: )ND: SECOND: uyvid SECOND: Utext SECOND: bitiva., SECOND: bokika ( crfULA YES NO I YES N07 ' YES NOl I YES' NO I YES I Ms. Austerman / Ms. Austerman l Ms. Austerrnan Ms. Austerman Ms. Austerma v/ 4, ' Mr. Bonney V/ Mr. Bonney Mr. Bonney 1 Mr. Bonney Mr. Bonney 1 v : I Mr. Griffin V Mr. Griffin i Mr. Griffin Mr. Griffin I l Mr. Griffin 1,7 Mr, Kaplan ' Mr. Kaplan I Mr. Kaplan Mr. Kaplan I 1 Mr. I . Kaplan i v I 1------ Ms. Lynch Ms. Lynch Ms, Lynch [ Ms. Lynch I Ms. Lynch I V l Mr. Peterson I 1/7i • -te :. i Mr. P so •- ers5■111111111 F-Mr. p- , -. I 4 INS Mr. Stephens I , i Mr. Stephens I I Mr. Stephens Mr. Stephens Mr. Stephens • ! t I tHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOr _ , . _ . ... .._ ' I ! TOTAL: 1 TOTAL: 1 1 l TOTAL: 1 I TOTAL: • "ne case where only six members of the assembly are present and there is a three/three tie vote of the assf i Mayor Friend 1 1 1 Mayor Friend l 1 1 Mayor Friend 4AVA___. --ytOK) BY: KapLilt,_., BY: iNr Vc.-6.1*- BY:D: • SECOND: SECOND: L i , Q SECOND: 4,4, SECOND: 7 j , ,, ,, , 1 1 tecbLutvc 1 , 4 G I Po --S 'f3FC YES i NO YES NO YES NO • I YES. NO YES Vs, Austerman V I Ms. Austerman Ms. Austerman pill Ms. Austerman { Ms. Austerman V Mr, Bonney At ✓ , Mr. Bonney Mr. Bonney Mr. Bonney t / Mr. Bonney 1 1/ V Mr. Griffin / Mr. Griffin Mr. Griffin I V Mr. Griffin Mr. Griffin V Mr. Kaplan V Mr. Kaplan Mr, Kaplan Mr. Kaplan Mr. Kaplan ■ i Ms. Lynch Ms. Lynch Ms. Lynch / Ms. Lynch Ms. Lynch { Mr. P• e in ! r •e-:rsor r. Pe - a ■ 'r. "-terso * . •• erson / , V Mr. Stephens Mr. Stephens ✓ j Mr. Stephens V I Mr. Stephens ^' CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF V! I 1 I TOTAL i 1 ( • TOTAL' 1 1 0 TOTAL: ^Hx members of the assembly are present and there is a three/three tie vote of the Regular /Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET _ Date: II% 1 l CD Convened: Recessed: Reconvened: Adjourned: 2 ' 22 BY: LA y°} � BY: J .,__ BY: 1�l/j�l / BY: ( !,fit n j�� BY: kWityli SECOND: ,w , SECOND: "` SECOND: . VI SECOND: Y l[c/ SECOND: h ( ; " '., t rd A A/t OW & d (): ° El 3-0 -0'° VOL CGS- h. int nAir Vc F "0 wJ YES NO` YES NO' ' ` YES NO YES ' ',NO ,.YES NO Ms. Austerman v Ms. Austerman V Ms. Austermar`V , / Ms. Austerman Ms. Austerman Mr. Bonney Mr. Bonney V Mr. Bonney V Mr. Bonney Mr. Bonney Mr. Griffin t Mr. Griffin Mr. Griffin y f Mr. Griffin V Mr. Griffin ' V Mr. Kaplan V, / Mr. Kaplan V Mr. Kaplan yr / Mr. Kaplan Mr. Kaplan / Ms. Lynch \/ V Ms. Lynch Ms. Lynch V Ms. Lynch ✓ Ms. Lynch r. ete terson ers eton Mr. Peterson Mr. Stephens J Mr. Stephens-a V Mr. Stephens V Mr. Stephens V Mr. Stephens ,. [CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?J ' TOTAL: ii 0 TOTAL: ( ¶ t TOTAL: 4j 0 TOTAL: (n 0 TOTAL: U 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Friend Mayor Friend I Mayor Friend 1 Mayor Friend Mayor Friend • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: 1 c204- Please PRINT your name Please PRINT your name S cots /9/51.01V HI HO 0 Ivv--t A ti r eik) ( ( 4 i ry 55� 4 LAy✓r Awl �(l 11 J `GV` �er Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk’s Office or on the Kodiak Island Borough’s website www.kodiakak.us. The next regular meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, October 2, 2014, at 7:30 p.m. in the Borough Assembly Chambers. At its Regular Meeting of September 18, 2014, Kodiak Island Borough Assembly Took the Following Actions: PROCLAIMED the W eek of September 28 through October 4, 2014 as Childhood Cancer Awareness Week. ADOPTED Ordinance No. FY2015-05 Rescinding Ordinance No. FY2014-20 By Amending Title 2 Administration and Personnel, Chapter 2.30 Rules of the Assembly, Section 2.30.080 Decorum in Debate, and Section 2.30.090 Citizens Rights. ADOPTED Resolution No. 1995-01H Amending Resolution No. 1995-01 Adopting a Records Retention Schedule and Central Filing System to Reflect Amendments to Various Categories, Retention Schedules, and Records Series. POSTPONED Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak Island Borough. ADOPTED Resolution No. FY2015-09 Accepting the Recommendation of the Planning and Zoning Commission Approving the Disposal of Lots 11-14, Block 4, and a ± 29,979 Square Foot Portion of Tract R-2, Killarney Hills Subdivision, Comprising Approximately 1.6 Acres of Borough land, as Land Surplus to the Public's Need, and Subject to Disposal at Fair Market Value (P&Z Case 14-022). ADOPTED Resolution No. FY2015-11 Adopting a Capital Improvement Projects Priority List for the 2015 State Legislative Session. ADVANCED Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land Use Plan to Change the Future Land Use Designation of Lot 1 Alagnak Acres From Urban Residential to Commercial Business (Case No. 04-14) to Public Hearing at the Next Regular Meeting of the Assembly. ADVANCED Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 of the Kodiak Island Borough Code to Implement the Alaska Uniform Citation Procedure for Certain Violations of Borough Code to Public Hearing at the Next Regular Meeting of the Assembly. APPROVED the Vacation of a Portion of a Fifty (50) Foot Wide Road and Utility Easement on Tract A, Raven Hills Subdivision. APPOINTED the Election Officials for the Upcoming October 7 Municipal Election as Listed in the Memo Submitted by the Borough Clerk. Vol. FY2015, No. 6 September 19, 2014 Kodiak Island Borough Assembly Newsletter