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2014-10-02 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, October 2, 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 4 - 8 A. *Regular Meeting Minutes of September 4, 2014. September 4, 2014 Regular Meeting Minutes.pdf 6. AWARDS AND PRESENTATIONS 9 A. Filipino American National History Month Fil Am History Month Proclamation 10 B. Domestic Violence Awareness Month Domestic Violence Awareness Month 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 11 - 277 A. Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land tot Use Plan to Change the Future Land Use Designation of Lot 1 Alagnak Acres From Urban Residential to Commercial Business. Ordinance No. FY2015-04 Case No. 14-014 Attachments- Pdf Amending Comp Plan Additional Info.pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 1 of 369 278 - 295 B. 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 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 296 - 312 A. Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak AA Island Borough. Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak Island Borough. - Pdf FY15 Fee Schedule Substituted.pdf 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 313 - 339 1. Resolution No. FY2015-10 Adopting a Schedule of Fines for Certain Violations of Borough Code. Resolution No. FY2015-10 Schedule of Fines - Pdf 13.C. Ordinances for Introduction 13.D. Other Items 340 - 354 1. Bay View Service Area Request for Funding of a Guard Rail Project. BayView Guard Rail Quotes.pdf Bay View Service Area Request for Assembly Funding of Guardrail.pdf 2014-09-09 Memo Opinion Bay View Service Area.pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 2 of 369 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 355 - 366 1. Planning and Zoning Commission, July 16 and August 20, 2014. Regular Meeting Minutes of Other Boards.pdf 17.B. Reports 367 - 369 1. Kodiak Island Borough School District Board Regular Meeting Summary of August 18, 2014 and Special Meeting Summary of September 8, 2014. School District Board Summaries.pdf 2. Manager Reports on Projects to Include Change Orders, Other Projects, and Wilson Engineering Monthly Progress Report for August 2014. August 2014 Reports - Change Order, Other Projects, and Wilson Engineerinq.pdf Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855)492-9202 and Local 486-3231. Page 3 of 369 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting September 4,2014 A regular meeting of the Kodiak Island Borough Assembly was held on September 4, 2014, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Major Michael Bates of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Tuck Bonney, Aaron Griffin, Dave Kaplan, Chris Lynch, Frank Peterson Jr., and Mel Stephens. Also present were Borough Manager Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Angela MacKenzie. KAPLAN moved to excuse Assembly member Carol Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA PETERSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Special meeting minutes of May 29, 2014 and August 14, 2014 and the regular meeting minutes of July 17, 2014, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Friend proclaimed September 8'" through 14111, 2014 as "Suicide Prevention Week" and urged Kodiakians to learn how they can help — because "Suicide Prevention Is Everyone's Business." CITIZENS' COMMENTS None. COMMITTEE REPORTS None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • Meeting with Representative Don Young. • The Manager and Assembly member Peterson attended the United States Coast Guard ground breaking ceremony for twenty new USCG housing units. • Met with State Department representatives about the Arctic Council meeting in Alaska, • Met with the two borough volunteer fire departments, discussed the possibility of one chief for both departments. • Manager would be out of town on personal leave October 3-14, 2014. Kodiak Island Borough Assembly Regular Meeting Minutes September 4, 2014 Page 1 *Regular Meeting Minutes of September 4, 2014. Page 4 of 369 AGENDA ITEM #5.A. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reminded everyone school was in session and to be watchful of students. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No, FY2015-07 Aerial Imagery Acquisition. GRIFFIN moved to authorize the Manager to execute Contract No. FY2015-07 with Kodiak Mapping of Kodiak, Alaska for Aerial Imagery Acquisition in an amount not to exceed $97,930. The contract was for the acquisition of aerial imagery for the areas of Akhiok, Old Harbor, Ouzinkie, Salonie Creek, and the Afognak Island Area (including Shuyak Island). Those areas were targeted for collection during the current year as outlined in the GIS Strategic Plan and the Imagery Acquisition Plan. Imagery in the GIS system was used on a daily basis by the Borough to create digital, hard copy, and online maps to support zoning, engineering, emergency planning, land use analysis, property addressing, and assessment efforts of all the Borough departments. By collecting designated areas of the Borough each year, the imagery acquisition schedule maintained an even budget, ensured adequate and accurate coverage, and supported the efforts of the Assessing Department as they schedule their remote assessment trips. This year's collection would be cost shared with other organizations, including U.S. Fish & Wildlife, Afognak Native Corporation, and the forestry companies working on Afognak Island. Those organizations would contribute $8,451.28 towards the acquisition. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Peterson, and Stephens. 2. Contract No. FY2015-14 Approval of the Expenditure Request for the Scheduled Baler Maintenance. LYNCH moved to authorize the Manager to execute Contract No. 2015-14, a purchase order with Pioneer Supply Inc. for parts associated with the rebuild of the landfill baler in an amount not to exceed $54,947. The actual baler machine was routinely rebuilt approximately every two years. This was done in stages - one portion done one year and the other done the second year. This was the second year of the process. During the rebuilding process garbage was not baled but loose filled into the landfill. The cost of rebuilding the baler was approximately $100,000. The amount was budgeted with half in each year. Parts and metal were purchased in the first year with the gatherer ram parts purchased the second year. The gatherer ram was the moving part that compacted the bales. The gatherer ram itself was worn beyond repair. The costs associated with that rebuild were budgeted and paid for out of the landfill enterprise fund. This year the expense of the new gatherer ram was more than budgeted. The additional cost beyond the Kodiak Island Borough Assembly Regular Meeting Minutes September 4, 2014 Page 2 `Regular Meeting Minutes of September 4, 2014. Page 5 of 369 AGENDA ITEM #5.A. budgeted amount would be taken out of the unused portion of the salary from the environmental specialist position. The Borough's baler was made by Harris. Pioneer Supply, Inc. was the exclusive authorized distributor for the State of Alaska providing all parts, equipment, and service for the State. The Borough had used Pioneer Supply for baler parts for many rebuilds in previous years. The purchase would be a sole source purchase. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Peterson, Stephens, and Bonney. Resolutions 1. Resolution No. FY2015-06 Urging The Alaska Energy Authority and Alaska State Legislature to Award Grant Funding for Kodiak Electric Association's Upper Hidden Basin Diversion Project. PETERSON moved to adopt Resolution No. FY2015-06. The Upper Hidden Basin Diversion Project was a technically and economically feasible project that Kodiak Electric Association, Inc. (KEA) was able to complete and operate for the long-term benefit of the Kodiak community. Adding hydropower resources to Terror Lake through the development of a new hydropower diversion in the Upper Hidden Basin watershed would enhance the Terror Lake Hydroelectric Facility's ability to meet future electrical load in Kodiak with renewable power. The final design and permitting of Kodiak Electric Association, Inc.'s Upper Hidden Basin Diversion Project was in need of capital project funding; therefore, KEA was submitting a grant application to the Alaska Energy Authority for Renewable Energy Funds with hopes to include the resolution in the grant application as documentation of community support for the project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Peterson, Stephens, Bonney, and Griffin. 2. Resolution No. FY2015-07 Reappointing a Member to the Kodiak Fisheries Development Association (Albert Schmeil). This item was approved under the consent agenda. The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by-laws of the KFDA provided for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council for three-year terms. Two of the three"Joint KFDA Director's Seats" expired in July 2014. Mr. Albert Schmeil wished to be reappointed for a seat to expire July 2017. Ordinances for Introduction 1. Ordinance No. FY2015-03 Rezoning Lot 2, Block 3, Lakeside Subdivision From (- Industrial Zoning District To LI-Light Industrial Zoning District(P&Z Case No. 14-018.) LYNCH moved to adopt Ordinance No. FY2015-03 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes September 4, 2014 Page 3 `Regular Meeting Minutes of September 4, 2014. Page 6 of 369 AGENDA ITEM #5.A. The rezone request was initiated by the applicant to reduce setback constraints and improve the utility of development of the parcel. The rezone to Light Industrial would also restrict the parcel to less intensive uses that were more compatible with the nearby residentially zoned properties. The Planning and Zoning Commission held a public hearing on June 18, 2014 and found the request was consistent with the goals and objectives of the 2008 KIB Comprehensive Plan. The Commission voted unanimously to recommend the Assembly approve the rezone request. STEPHENS moved to postpone Ordinance No. FY2015-03 indefinitely. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Lynch, Peterson, Stephens, Bonney, Griffin, and Kaplan 2. 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. KAPLAN moved to adopt Ordinance No. FY2015-05 in first reading to advance to public hearing at the next meeting of the Assembly. The 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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Stephens, Bonney, Griffin, Kaplan, and Lynch. Other Items None. CITIZENS' COMMENTS Betty MacTavish, Dennis Summons, and Lisa Ziemer expressed gratitude for Ordinance No. FY2015-05. ASSEMBLY MEMBERS' COMMENTS Assembly member Peterson thanked Kodiak Area Native Association (KANA) for their suicide prevention efforts. Assembly member Griffin spoke on meeting Chris Aguirre, the new High School Principal and noted his discussion about having a proactive approach in integrating higher education in the curriculum. Kodiak Island Borough Assembly Regular Meeting Minutes September 4, 2014 Page 4 *Regular Meeting Minutes of September 4, 2014. Page 7 of 369 AGENDA ITEM #5.A. Assembly member Bonney spoke to the suicide prevention efforts and encouraged the community to seek help if they found themselves in that position. Assembly member Stephens expressed gratitude toward there being so many candidates for Assembly seats and urged the public to vote. He also spoke to the future tasks of the Assembly regarding a formation of a Chart Commission to look at joining together City and Borough governments. Announcements Mayor Friend announced the next Assembly work session would be held on Thursday, September 11 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, September 18 at 7:30 p.m. in the Borough Assembly Chambers. The Regular Municipal Election would be held on Tuesday, October 7, 2014. If voters would be out of town on Election Day, absentee voting was 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. ADJOURNMENT KAPLAN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Bonney, Griffin, Kaplan, Lynch, and Peterson. The meeting was adjourned at 8:13 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes September 4, 2014 Page 5 *Regular Meeting Minutes of September 4, 2014. Page 8 of 369 AGENDA ITEM #6.A. �" •'^fib mew-s.-��^+ea4r9"".'+s� `v+.�xT .;M. _. +"F. c-it) tit.- � f cs,Lzi �; ° � i Wim, # ��i= . tom I '� � ka -� F ) dCadi Orland cS orazh Alaska 1, 1, ,z),„ . ,.. 4, ,,, „ , l DECLARING OCTOBER 2014 AS tf •, ,..1/4T.,, ,) / J FILIPINO AMERICAN NATIONAL HISTORY MONTH ` ; , ka k ,_1i WHEREAS, Filipino American history and culture must be promoted because of the role of t ��; Filipino Americans in the history of Kodiak and Alaska;and i ,.,, ' X1, WHEREAS, positive role models will be able to instill and teach the Filipino American youth AV1t: y' the importance of education,ethnicity,and values of their legacy; and ' L v `j+ /li WHEREAS, Kodiak is fortunate to count among its population a large concentration of t 1 it �� citizens of Filipino •descent, including those who have •lived in •Kodiak •for generations and those ... '/s t who are new to the Kodiak area, who contribute to Kodiak's economy and society through their i =--- 1 commitment to professions, commerce, family,and the arts; �a f 'a t NOW, THEREFORE, I, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby tr, ' 1 t -1q proclaim the month of October 2014 as: � � l `5 Filipino American National History Month , t� }pi 11 # ' , I as established by the trustees of the Filipino American National Historical Society. S {- , t�o /),, Li Yt/, , , c.„. r V -� a 1�, v ' t t ' 67,)(hoar Stara;07 hare honour,ret imp ,t . i, ., , &enr ad artra Jrirraul to k#rruf , L �t �tV� �. y Kairk r 1 � . 7 � 1 Nf h L cn:1/4„,c,„,,,,,.. �� :vs Filipino American National History Month Page 9 of 369 AGENDA ITEM #6.B. ; l (Dice afthe eAlapor 'V- l )s C$Cadrak C�7slcrnd C1arouyh, Ahcrka a i1 L1, DECLARING OCTOBER 2014 AS �t ', / Ip DOMESTIC VIOLENCE AWARENESS MONTH `/ t 1 WHEREAS, historically women have been and continue to be victims of violence in their own 1I homes,with a woman beaten every 15 seconds;and L. i 1' 1 , WHEREAS, the problems of family violence are not confined to any group or groups of people but �V1'' �',1k across all economic,racial,affectional preference,and social barriers;and 51 i. I e WHEREAS, domestic violence can result in the emotional damage, physical harm, or death to } �It members of the family unit,and FBI statistics show that at least 30% of all homicide victims are killed .� � by their boyfriends or husbands;and y1 �. +a WHEREAS, during October 2014 the Kodiak Women's Resource and Crisis Center is sponsoring r �1; Domestic Violence Awareness Month activities to focus attention on battered women and their children . ,t ! dr 1 and to promote support of the shelters and programs that serve them;and IL�; NOW, THEREFORE, 1, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby proclaim the % N l t1month of October 2014 as: Domestic Violence Awareness Month ` tI' 1 •t inV in Kodiak and encourage all citizens of Kodiak to actively support and participate the ongoing n L programs designed to reduce and eventually eliminate violence as a social problem. / . , , .„ r/). ,„ , it , ,, t. ,,, ,,, ,,,, ...,. .„,... ,. Il I -1" vt.. 9rr tuihteee whenea{,S ha"e flaezuas.aet my, / I, t,�' vt lrj t ICi. i NandandcaaneWOnallaftea(fircA. 1, tLd. �C (Meet:,, , r4-, ..f r .Vats ti,�7l 11 E.114.,- 1^, , ,,tv. Domestic Violence Awareness Month Page 10 of 369 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH <riAGENDA STATEMENT /t` : ,✓/ s�` OCTOBER 2, 2014 ASSEMBLY REGULAR MEETING ov; 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 (Case No. 04-014). 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. 31 public hearing notices were mailed out on September 19, 2014. Any responses will be Kodiak Island Borough Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 11 of 369 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH e'f " ti. AGENDA STATEMENT OCTOBER 2, 2014 �"t1 ASSEMBLY REGULAR MEETING provided to the Assembly in their packet. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2015-04. Kodiak Island Borough Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 12 of 369 AGENDA ITEM #9.A. Introduced by: Borough Manager Requested by: Planning 8 Zoning Commission Drafted by: C D D Staff 2 Introduced: 09/18/2014 Public Heanng: 10/02/2014 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2015-04 7 8 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 13 of 369 AGENDA ITEM #9.A. 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 CommerciallBusiness 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 73 74 Jerrol Friend,Borough Mayor 75 ATTEST: 76 77 78 79 Nova M.Javier,MMC, Borough Clerk Kodiak Island Borough.Alaska Ordinance No.FY2015-04 Page 2 of 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 14 of 369 AGENDA ITEM #9.A. iz P Kodiak Island Borough _i `iJ \ Community Development Department u . t,,,r� 710 Mlll Bay Road • �t�ya r Kodiak,Alaska 99615 �,(s ' ') Phone(907)486-9363 Fax(907)486-9396 n,a- www.kociiakak.us 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 he 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. Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 15 of 369 AGENDA ITEM #9.A. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 1. 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. Sincereily Robert , Pederson,ACCP Director,Community Development Department CC: Nova Javier,Borough Clerk Planning&Zoning Commission Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 16 of 369 AGENDA ITEM #9.A. �_o°oqO Oily. ry.- s OLD BUSINESS ITEM 7-A ar P&Z REGULAR MEETING:AUGUST 20,2014 `S 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. O) to ions • 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 1701 and 30th,2014. Case No. 14-014 Supplemental Staff Memorandum Aug. 8, 2014 Page 1 of 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 17 of 369 AGENDA ITEM #9.A. ;sat,Br%B „ 5i OLD BUSINESS ITEM 7-A a �—' P&Z REGULAR MEETING:AUGUST 20,2014 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. S. . 6. Case No. 14-014 Supplemental Staff Memorandum Aug. 8, 2014 Page 2 of 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 18 of 369 AGENDA ITEM #9.A. a ii . Kodiak Island Borough a a /,i, Community Development Department ta:t 1<Ts r" 710 Mill Bay Road ''' ..aroy rte+ Kodiak,Alaska 99615 ; s.. i Phone(907)486-9363 Fax(907)486-9396 • —2404 www.kodiakak.us cf 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 1, 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. Sincerely, Robert H.Pederson,AICP Director,Community Development Department CC: Nova Javier,Borough Clerk Planning&Zoning Commission Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 19 of 369 AGENDA ITEM #9.A. 0 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 Schoot 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 staff's recommendation and if he agrees it is currently zoned R2, Mark Anderson stated he 7/16/2014 P&Z Guidelines Page 2 of 7 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 20 of 369 AGENDA ITEM#9.A. 0 0 continues to believe it is zoned R2 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 UNANIMOULSY 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-B 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 PO Guidelines Page 3 of 7 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 21 of 369 AGENDA ITEM#9.A. aPublic Hearing Item 7-B Planning and Zoning-July 16.2014 M7-At, Kodiak Island Borough (( Community Development Department .— .1 710 Mill Bay Road 14 / Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 -`- www.kodiakak.us Memorandum Date: July 3,2014 To: Planning and Zoning Commission From:Robert H.Pederson,AICP Ai Director RE: Case No.14-014.Comprehensive Plan Amendment This memo is intended to clarify the zoning history for the parcel in question. During your June 18m 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 S1-B, Brechan Subdivision. The exhibit was apparently submitted to show that the parcel in question was already zoned business.The applicants 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 B-Business and remains zoned R-2 at this time. Ordinance No.86-37-0 did in fact rezone a"Portion of Tract S-1,11.S.Survey 3219, specifically Tract 51-B,Brechan Subdivision Plat(Case 5.86-011,dated April 18, 1986),generally north of an extension of Melnitsa Lane,Is rezoned from RR1- Rural Residential One to B-Business;and a..." The applicant's submittal did not correctly represent the Preliminary Plat for Brechan Subdivision Plat(Case S-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 51-B is over 300'to the south of Lot 1. The staff report for Case 5-86-011 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 St-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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 22 of 369 AGENDA ITEM #9.A, ``) 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,Brechan Subdivision Preliminary Plat(Case 5-86-011), dated April 18, 1986 are rezoned from RR-1 to R2-Two-Family Residential:..." This zoning pattern is also reflected in the zoning map for the public hearing notices for Case S-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 5 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... 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HI85213230 :. •'.•:'•d'; • P \'D�v3'�.�1:t•-i: ,:Q,'..::'::yfl,{CL: g}'l`F9142 b ...p It t; etot. •�••••4 .71 4i;.. .... ,.. :• ., dinance No. FY2015_04 Amending the 2008 Comprehensive Land... AGENDA ITEM #9.A. 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 Torres,Alan Schmitt,Kathy Drabek,Jennifer Richcreek,Maria Painter,Scott Amdt,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 8,Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES None AUDIENCE COMMENTS AND APPEARANCE REQUESTS None PUBLIC HEARINGS A) Case14.014- (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 17.205). The applicant is Alagnek, 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 lacilities, and land use, all related to the community's goals and objectives.The local plan lists Identify an adequate supply of land to meet future needs for homes and businesses including commercial and industrial uses as a high priority implementation action. II 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 Page 1 of 9 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 27 of 369 AGENDA ITEM #9.A. Q 0 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 CommerciaVBusiness,and to adopt the findings of fact as presented in the staff report as"Findings of Fact"far Case No.14-014. Close regular meeting&open public hearing.Public testimony was given by: Ben Polum, Division Manager of Kodiak Northem 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 5-1B 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-B1 was zoned Business and there is no ordinance on record that rezoned that properly again,and there is an error in the Comp Plan. Close public hearing and open register meeting. Discussion of supplemental information, Ordinance 86-27 not listed as part of zoning history, vacating lot line, 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 CommerciaVBusiness. ROLL CALL VOTE ON AMENDMENT CARRIED 4-3. THE AYES WERE COMMISSIONERS TORRES, RICHCREEK, PAINTER, ANO ARNDT. THE NOES WERE COMMISSIONWER SCHMITT,DRABEK,AND OLSEN Discussion regarding the flaglot 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&Z Minutes Page 2 of9 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 28 of 369 AGENDA ITEM #9.A. 0 p Sr Kodiak Island Borough Community Development Department 710 Mill Bay Road .sr.WrUUal' rr, Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us 11 June 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 Lot 1, Alagnak Acres Subdivision from Urban Residential to Commercial/Business)KIBC 17.205). Dear Ms.Malley: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on June 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, Robert H.Pederson,AICP Director,Community Development Department CC: Nova Javier,Borough Clerk Planning&Zoning Commission Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 29 of 369 AGENDA ITEM #9.A. .1..hmi*Liz akclitar.. n rmn nttfl G,-tr w..Ca.RECI__ _._. . • An•Cn' 62 14c.1'_� U \/ 111-1-0t4 / \SCS 4-A . C` i'� COVE DRIVE s ib 4 iHAHAFKA ACRE I a e..:,pc n,... C ytill 94- 9o\ 5-A g I I-8 i I-A 3 � i 0 _, \ s 1....3.:,..){...... arQL\th I 2 0 p - • -..) 4- S 3 '; u Rpo� II. ,I N= • Ci \ CV I 21541 S'.2 gyp{ ow t . \ • :�. `• T G S-4 Si/,7.': / , r 4 ('/�F��i CT q VACATION .J REPLAT `21:• ,41 j C/\ A e:as F""1 nitres/mew, .+° '`V�,l • JRpyY a....„..• ./ n...J UT s..cy 2:a ., 9 KILLARNEY HIL}S SUB. • 'TI.,so;,`;-e t c // p._.y.r . ....y n. .' .. II I BLOCK I/ 2 ;r rr �.�.-4 i..,.........1 �µ N o,-si w': / -- n..• a. Tr.-.e awls., , %:w•- Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 30 of 369 AGENDA ITEM #9.A. 0 �7 KODIAK ISLANDBOROUGH ORDINANCE N0. 86-01-0 AN ORDINANCE OF TEE KODIAK ISLAND BOROUGH ASSEMBLY REZONING TRACT 5-1, C.S. SURVEY 3218 FROM RRt TO 12, BUSINE55 MiD INDUSTRIAL. The Kodiak Island Borough Aaaembly hereby ordains that: Section 1: A Portion of Tract S-I, U.S. Survey 3218, specifically Lore I through 1, Block 1, Brechan Subdivision Preliminary Plat (Case 5-86-011, dated April IS, 1985) are rezoned from RRI--Rural Residential One to R2--Tvo-Family Residential; and a Portion of Tract S-1, U.S. Survey 3218, apecifically Lots 1 through 7. Block 2, Brechan Subdivision Preliminary Plat (Case S-86-011, dated April 18. 1986) are rezoned from RBI—Rural P.eaidential One to O--Business; end a Portion of tract 5-I. U.S. Survey 3218, specifically Tract SI-3, Brechan Subdivision Preliminary Plat (Case 5-86-011, dated April 18, 1986), generally north of nn extension of Melnitea Lane, is rezoned from RRI--Rural Residential One to B--Busineee; and a Portion of Tract Si.- U.S. Survey 3218, specifically Tract 51-A, Brach/in Subdivision Preliminary Flat (Case 5-86-011, dated April 19, 1986), generally south of an extension of Helnlrea Lane, is rezoned from RA:-Ruin Residential One to I--Induettlel. Section 2: The official zoning map shell be updated to reflect this rezoning. Section 3: This ordinance shall be in full force and effect upon passage and sdoptioo. PASSED AND APPROVED THIS 4 DAY OF September , 1986. KODIAK ISLAND BOROUGH eY Jerome S,CIby, 10�/crououugh Mayor L'oBY ] White, Presiding Officer ATTEST: If • BYE' 1:ML Gaye Vaug'av, Boraug_ Clerk First Reading, Approval Date: August T, 1986 Second Reading. Public Peering, Approval Date: Sntember 4. 1955 ORDINANCE 86-31-0 PACE I OF 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 31 of 369 AGENDA ITEM #9.A. 0 it I Effective Dace: September 4, 19e0 I I DISTAI8VI10N LIST: Community Development Department Aneeoein8 Department I Engineering Department li Ij ORDINANCE 86-31-1 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 32 of 369 AGENDA ITEM #9.A. Or TM! • 0 O ED PN[ THE Et \P DATED J g VC') GY' P LOT IB-I LOT 3 \ \ COVE t DRIVE . 2 S E9•ST30'f 33(0] 9 \' __ /,S10192 wast O / twee 4uwai cateelT.pm ^� e: O q ti R. 8 LOT I LOT I-A 3 9 baa LOT S- IB 'P•• . � rnSsp PC ^ 69,3 • 54 51.1 �� LOT 2A g 0qi N �� ----8 8 n 9E90 w I. V M49•STJO'w' O LOT 2A LOT 26 w LOT S-IA • r Sib ACRES! 4.11•/30" • R•A41S LOT 9A T�Pt Si mcp YYY Fin Par O / rTN E‘ ry o o3 4 O b 6 hq R •e LOT 6 ie cr • Iw OE 4 LOT {A TRACT 5-2 3 OP0 • ^Certificate of Approval by ALEC" $D 4� qP-1 R Ds ban: Approval of this tr V division is based on the representation t no wastewater will be generated or • posed of on any lot. Conditions might not suitable for omits wastewater treatment ,n\� disposal system. My onsite wesbwater \ LEGEND e[sent uM dleposa3 Meta swat met Na / s •DOVHD w0lNMENT ulatory requirements of the Alaska !// artment of Environmental Conservation. m.SET a4 Cap pl SIF ject to any noted estrictions, the Alaska 0 .aNOIE OR WFfN510 [sent of Enviranmentel Conservation roves this subdivision for platting. ��,j.j��_��. e end Title of Date 'Gee e a e mor Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 33 of 369 AGENDA ITEM #9.A. '2 \ e r est i 99-,, xf�,r ww .4=44.,4. ,yy j xi,7�„F- ��' tr y ;LSA - (n H' , f f .. NOTARY KitMpnlECCEUExiS p ^ Y ! a, of A t. liti - i • i Mar • 94. 41 • i. LLQ b 4 ea'� 1 i _�'LT•t: • • �✓ • �•�ei•m� SUMEVORS CERTIFICATE Vim— s-= Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 34 of 369 AGENDA ITEM #9.A. �) NOR. SAM.SEW.15 ON 0 Cl.Of 11.13.W. WATER LINE rSAN.SEW,r —_—_ 1— _ '' _—_-_ C_.° ______Wn!_—MIC_ .— r OWsa�a Or* „toe 'ri aa'iE9 jbt t. 3' ,,,"N ,,,,,„i�-1�0 131;* !Aii> uTE i 3f 83' LOT 1—A ', ,a" ;t n 7.315 Sr.* `I`I N gx14 %. .g 1 IJ LOT p' h ONE II J LOT 1A-1 '$ H aa'9'.N'W rr.m��.�, LOT TED /' 1 9 I"'Kw1 . THIS RT fl 0 '+Yap u� / 1 'I; 7�R ..? i11.yr 9 ,--___4143.,.. l II I �� 'all Ili ' II fl1 8 r� I / ill il.• Pr 0 II 1 9 W4AEHLJSE li ii 3 LOT 10-2 LOT TWO 'I L I It I S -1 Lor 1—BII i.• o R L.3 ACRES± iI 1 3 '^ I ; y 8 I itI 1 8 LOT2A-! /40- kSOCE 9(-)6W4 S , t ig '19 si " \ s' t 1 v ea uNp • rHw lei W LOT 28 9 . Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 35 of 369 AGENDA ITEM #9.A. J J Brief discussion. FINDINGS OF FACT 17.66.050 A.l. Exceptional physical circumstances or conditions applicable to the property 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 staled 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 Minutes Page 6 of8 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 36 of 369 AGENDA ITEM #9.A. 0 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.At 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 WIM sites are included. 2010.2012 Traffic Volume Report 1.I Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 37 of 369 AGENDA ITEM #9.A. • C> 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. Coveraee 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 = Link Length x Link AADT Highway Performance Monitoring System(HPMSI: The data reporting system developed by the Federal Highway Administration(FH WA)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 pan of the Federal Interstate Highway System. 2010-2012 Traffic Volume Report 1.2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 38 of 369 AGENDA ITEM #9.A. o a 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. Mileooints: 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(MADT):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(PTR):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. 2010-2012 Traffic Volume Report 1-3 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 39 of 369 AGENDA ITEM #9.A. 0 0 • 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 Count: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(trucks, trailers, buses,recreational vehicle,automobiles,motorcycles,etc.)based on axle arrangement. Data may be collected manually or using specially designed automatic counters. 2010-2012 Traffic Volume Report I-4 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 40 of 369 AGENDA ITEM #9.A. n 0 1 R ufe/b1 tLR`oute Name/Deseri tioa Len th mt f dOAA , P i1 ffi r- .. -a�g ( )•_ ~ DIT;Ill' . las.2A'ADT �DVMT 067472 SAWMILL CIRCLE,KODIAK 0.000 Start of Road 0.548 19 210 210 114 62 0.548 Jet wish Monashka Bay Road Total 62 067475 OTMELOI WAY,KODIAK 0.000 Jct with Monashka Bay Road 0.394 17 230 230 203 80 0.394 tel 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 Ouneloi 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 3.791 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 Jet with Jack Hinkel Way•PTR 3.145 16 5185 5200 5144 16178 7.398 Jet with Tom Stiles 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 Jct with Airport Terminal Road 1.495 16 4230 9240 4216 6303 10.186 Jet with US Coast Guard Entrance 3.567 1707 2280 2290 2347 8372 13.753 Jct with Chiniak Highway Total 54260 068010 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 Jet with Rezanof Drive 1.502 I7t8 400 400 421 632 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land.,. Page 41 of 369 AGENDA ITEM#9.A. 3 C) }RouteJAlpt .Route NameNescnpttoni iLength(ml)�FC `IOA:4DTr 11"aT; 12AADTtDVMT • 068087 MELNITSA LANE,KODIAK 0.000 Jet with Rezanof Drive 0.142 17 480 480 486 69 0.142 Jet with Neva Way Total 69 068089 NEVA WAY,KODIAK 0.000 Jet with Melnitca[.ane 0.219 17 550 550 491 108 0.219 Jet with Balika Lane Total 108 068460 ISLAND LAKE ROAD,KODIAK 0.000 Jct 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 Jet 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 Perez Way 0.896 9 720 720 710 676 1.403 End of Read Total 1456 061510 MARINE WAY,KODIAK 0.000 Jot with Rezanof 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 R4444460060 0.640 16 9240 9270 8827 5649 0.640 let with Powell Avenue 0.365 16 8180 8200 9245 3374 1.005 Jet with Ole Johnson Avenue 0.264 16 8690 8720 9044 2388 1.269 Jet with Bartell Street 0.616 I6 7930 7950 9133 5626 1.885 let 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 068540 BENNY BENSON DRIVE KODIAK 0.000 Jet with Mission Road 0.082 17 990 990 1107 91 0.082 Jet with Rezanof Drive 0.281 17 2670 2680 1826 513 0.363 let with Mill Bay Road Total 604 2010-2012 Traffic Volume Report 111-6 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 42 of 369 AGENDA ITEM #9.A. ,'l1 , ,Route/Mpt„- Route Name/Descriptiofr. Length(mi)_EC, 10AADT <IIAAD71 ,I2AADT- DM1T 068543 MISSION ROAD KODIAK 0.000 in with Nonh Cutoff Road 0 192 17 1 1310 1310 2115 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 1 2.041 let with Center Avenue 0.090 17 2070 2080 1484 134 2.131 Jet with Marine Way Total 4365 068550 MONASHKA BAY ROAD,KODIAK 0.000 Jct with Abercrombie Drive 0.686 17 1790 1800 1628 1117 0.686 Jet with Otmetoi Way 0.669 17 1440 1440 13 I8 S32 1.355 Jct with Sawmill Circle 5.933 178 250 250 210 1246 1.288 End of Road Total 3244 068551 ABERCROMBIE DRIVE.KODIAK 0,000 Jct with Rezanof Drive 0.301 19 460 460 460 138 0.301 Alaska State Park Total 138 068554 LAKEVIEW DRIVE,KODIAK 0.000 lct 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 Rezanof Drive 0,287 17 1630 1630 1767 507 0.287 lot with Allman Drive Total 507 068610 ALIMAO DRIVE/DOG SALMON BAY RD).KODIAK 0.000 Jot with Near Island Bridge Road 1.034 17x19 1250 1250 1466 1516 1.034 Kodiak Harbor Total 1516 070000 NAKNEKJKING SALMON ROAD 0.000 Jet wilh Airpon Way 1.233 7 1330 1404 1380 1702 1.233 Jet with Naknek Dock Road 5.011 7 1030 1186 1170 5863 6.244 let with Cemetery Road/Lynx Loop 6.329 7 739 570 3603 12.573 Jct with King Salmon Heights Road 0.662 7 1320 1319 960 636 13.235 Jet with Sockeye Road 1.160 7 1666 1640 1902 2010-2012 Traffic Volume Report III•7 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 43 of 369 AGENDA ITEM #9.A. 0 0 PUBLIC HEARING ITEM:7 A r P&Z REGULAR MEETING June 18,2014 %ALASKA Kodiak Island Borough Planning and Zoning Commission SUPPLEMENTAL STAFF MEMORANDUM - JUNE 18, 2014 ITEM TITLE: Case No. 14-014. 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 owners 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 44 of 369 AGENDA ITEM #9.A. • • 0 0 PUBLIC HEARING ITEM:7 A P&Z REGULAR MEETING June 18,2014 3 ALASKA 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 51-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. Trhisjs111e s division case ' ed yet referenced on page 129(Staff Comme!)ts ca•• No.591-015). Page 133 illustrates the anomaly otlfe spficfot 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 45 of 369 AGENDA ITEM #9.A. 0 0 • PUBLIC HEARING ITEM:7A -`{l.o, P&Z REGULAR MEETING June 18,2014 C*.uaKa,M 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 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 Supplemental Staff Report&Recommendation Page 3 of 3 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 46 of 369 AGENDA ITEM #9.A. to a PUBLIC HEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 ABM R01/411111.PR 460 9' 0111E101 NI ''' 203 9477473 ou.." 6211 ,i , 12102 g c't , c,.„xi , r, I-•,' ._.-.. 7, o , , ', I,, IAIIIKA LW I 11.^ Mahn-V.1.N r I 7467. C7 t7 ''' SAM t el r ,... i i MILL("WU. tr, IC, ,SOY ___IC, .-/ 114 7 ) . , nt7172 /,' ..c• -, win mem ' n KC t s°4,e' ‹..1,,Agsilut , +,4I 7 1 le CC' 4, RD kr1RUNAV `, '',7 (11gtit ' / ..,,/ BARTTLI nu \ on x,,N50,A‘L rilirc, ‘. 12't JACKSON LANE /1>allit net/ / t t # I 2 SIlltra CAM RD ''' 0L,11. I ' 1 (Thirt011 Nfl ILL lik,7n7s'"M'R'" 1 A. ''''t rt , .. CI. Olif ilk, A15.to A MOM.LOOP t r rrni MT 7 aNnit,I51 04.001( x CN E ,... . / 0 r. wan_tv,‘‘ , caract',NCAR ISLAND minor Rano tch I g.. ilmoni ge — i_ / ‘ ; State of Alaska DOT&PF ,, ,-- - p ,14-r - , / i . ,- i , i Central Region 2012 Kodiak r--. , MARINE ELM: \ 4071 /r ,e§t iflgaellt 6RIVt - _ z \ r/ , // Ni ,..•...r. .-r +fla 14 .5. J. Case No.14-014 Supplemental Appendix Page 1 of 1013 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 47 of 369 AGENDA ITEM #9.A, OPURL 3ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,201.4 —— 7 . .., ,1 a\ ../ -----COG£ aawDRfVE---;- • own scup g T` -- inuy '°'a mOa,CSP—5, B9;5J' 30" E ....,i--J51.07 •/7576 ! 301 h O N 92.80 . W. 165.4481691J'JO-W. 8 -P. NO 113• 'a. C. LOT 14 IA TRA T 5-1B ' h o n 1 y a rz At 1.11 9 ACRES ± At • 0' LOT W ff 2A-7 g As-built survey information ; submitted with S98-007 i p I 7, " W. 179.90 r I Lor 28 ov 1 z / / i el., Lir \\ Case No.14.014 Supplemental Appendix Page 2 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 48 of 369 0 o. s N 0 z 0 T PUBLIC HEARING ITEM IA -n P&Z REGULAR MEETING JUNE 18,2014 cn A ,4`tirf4 y {1 y, FI _co d .l• L Yh y�ryy� 2- 9 ..*0. �9 -rJ yds" t ,f M 00 J � i? yti 0 co j . 1� ]y I . 1iirliff iliti ktl $ P F �` W�Y xl' Yar4co -d01110:114,14 ',II 4t °' '#¢ $ M x291. � j�ER F 1"A �-� f..d:, .tt 1 N 'i , a -u$Y a Waza to D- (1) s 1Yb •.v .;„,....1„,4„,...;” a�' 41f "' /` J� k I hr, ,^ „I 't� ^3• ^YR �'�Sc, < (� ��I m e a 4 n•'R '}.-.,,.:' ^e L I �,�f t:,,yyy NII. �t�e4iT°»Y fu 1 ei '' 3"gp,/ t"S�, f £ +',"'a "„'� .. ; e k v. ��' all . i Dated 2011,no loading dock,although partial f'• „w,,,,,,,,, . , �w t'}'. n .. c*- excavation Is visible at northwest corner xg ,•• GT x t S',. I ,. "" ,..a�.< c .e pyx : s °7k� ILL I 6 'Y& I "Yap t Y �A- I ..;,::-.1,t. ! .L N t1)-:'..-""):14. Jli�t "{ ni A co .. ?`� . 'v^YN .., ` ,, ✓_'.d t ,y r..:.. � 4 i-ro2'Cl s `�' :�ut K ib r"G. 2 ( ) Case No.14.014 Supplemental Appendix Page 3 of 160 j '6 o W f D c m co3 w Is 0 4 0) 0) C) 0 co Z p PUBLIC NEARING ITEM 7A N P&Z REGULAR MEETING JUNE 18,2010 I i11 1 +"] yI 4 ` ;SherJ UT _-o ._.__._ .�_,__ i � r• ";'llktkyaF7M, 1 a 4 ;�1 ,' ` , ''..sp' m I ��JI p {•' p M. a n«/ "'!�,.:.....,"ISf+ i"t'+`f'� �... f f -�. R *AtiV ILIY (D I�^'s-_IC/�rIt" Pas®®®®®®�® ®�, ® p Itir I Na /® ',Fr-Lc, Dated 2014,unpermitted consWction of loading dock / r Y j y.51'��q j ,r-L 0- &unpermitted conversion of Lot 1 Alagnak from I . '^� Q fJ o ®�- � raswar �tlesignated residential lands to actual business useb. �1tL�p�31 Q�f 4 • o \vrcu $ Maoarzsasuossarafraccrir/ l�014' / _41 cItI �aka]1. ° +.3),op. ��/ r m a \Cli "� / m .1�p�e04 I 6�6�p1t�3D1s1PI All � /s l Z. CD a %sill* i &ai A V. N.�jIti �➢,1��'p�i a S-.I':';'( •� ' F0, �1�4,454 :,. J�If37l4t..✓ I :"- \i.l �/ `,ir W� T6:k�I�� '\�yL,YM` I\ < +�s+n.T :I � Ii,a1 "�•� lm'\✓".�t "'t O a�• �\ r, ° a"t�MY T4i7.- l i_ltl,l ,s! \J.0 AIV,;;e< .�� .d x'sy\� `_ lmC�.^• ; rt �"'y,„ e.\�`'7-�r—\��. '''\a SS-c �,* 1\t�(v +'�„ � K'�Jy�'\. i ,�`� 5 1s' S:w�s-.� 5 is.eT '� �"�t. ,j \ `"`n s ,Y d 111 p,\ ' *?pt /. , ' t. . 'G NF^1't�'�. • �i `ter. co '`te -. �.P.df'.�•" ` :... iG Z OO I Case No.14014 Supplemental Appendix Page 4 of 160 1�1 W ! } y cr) ` Cr, y 3 10 Iii AGENDA ITEM #9.A. PUBI�,EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 KODIAK ISLAND BOROUGH PLANNING&ZONING COMMISSION AGENDA November 21,2012 Regular Meeting 6:30 p,,.In the RIB Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the November 21,2012 regular meeting of the Planning&Zoning Commission at 632 p.m. PLEDGE OF ALLEGIANCE CHAIRTORRES led the pledge of allegiance ROLL CALL Commisslonirs present were Bill Kersch,Alan Torres,Alan Schmitt,Rick Vahl,and Sonny Vinberg Absent was Brent Watkins. A quorum was established. COMMISSIONER VINE ERG MOVED to excuse Brent Watkins Motion failed due to a lack of a second. Community Development Department staff present was Martin Lydick and Sheila Smith APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VO7EON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS COMMISSIONER SCHMITT MOVED to approve the minutes of October 17,2012 VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none PUBLIC HEARINGS Local Telephone Number 486-3231 Toll Free Number 855492-9202 A) CASE 13-013.Request a rezone,according to MEC 17.205.030 C,to rezone Lat 1 Alagnak Aces,fog R-2.Two Femlly Residential Zoning District-Lp 0-Business Zoning District The applicant is Magnak,Ane.The location is NHN Cove Drive and the-inning Is R2-Two-family Residential . Lydick state this rezone request was submitted by the applicant In an effort to assemble a consolidated lot unhindered by split lot inning.The current use of the residential lot supports the business activity limited on the Business zoned property Immediately behind.The failure to follow through with the requirement to separate the business zoned property from the residentially zoned property with sight-obscuring fencing has resulted in a situation Where the property owner utilizes both,properties as one entity.This supporting role Is a violation of Title 17. If the original Conditions of Approval attached to the Commission's decision In Case No.598-007 (Wal-Mart subdivision)had been met the violation could not exist Forty three(43)public hearing notices were milled on October 17,2012.One notice has been returned opposing this request.Staff Is 11/21/2012 Page 1 of 9 PAZ Minutes Case No.14-014 Supplemental Appendix Page 5 of 150 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 51 of 369 AGENDA ITEM #9.A. 0 PUBLQARING ITEM 7A P&�2 REGULAR MEETING JUNE 18,2014 recommending the Commission deny this request for rezone and submit a recommendation of disapproval to the Assembly. COMMISSIONER SCHMITT MOVED to recommend the rezone of Lot 1,Alagnak Acres Subdivision flllm R2-Two Family Residential Lit B-Business and forward this rase to the borough assembly with a recommendation for approval and to adapt the findings In support of an approvaL The public hearing was opened.Public testimony was given by: Carlie Malley stated she's the Alagnak Property Manager for the property In question.The request far 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 pemnits will be denied based on the split zoning.Being that this business has been operating commercially on this property and we believe there Isn't any Intent to move this property Into a type of residential.We request it he commercial property. Kathleen Ballenger stated she owns 351 Shahath Circle end she's opposed to the rezone based on what the staff is saying Cove Drive is certainly not a thoroughfare that's going to be able to withstand more traffic. Her feeling at one time was all this was designated residential and 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-Business as FINDINGS OF FACT for this case. FINDINGS OF FACT The principal Justification presented in this case to rezone this parcel to B-Business Is beouse 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 ofthis area. 17.72.020 B. Findings as to the Effect a Mamie or Amendment would have on the Oblrctivrc pf the Comorehensive Plan, The 2008 Kodiak Island Borough Comprehensive Plan Update Identifies this lot for Urban Residential uses and the lot size makes it practical to develop in a manner consistent with Its existing zoning.In this regard,this request is Inconsistent with the objectives of the comprehensive plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) CASE 13-014.Request a Title 18 Land Disposal Review,per IOBC 1020.030 A,to consider the combined disposal for fair market value by direct negotiation of approximately 19,500 square feet of borough land edlointng Lot 2B,Bloik 9,Miller Polat Subdivision,1st Addition, according to KIBC 1820.060 A,and,IUBC 1820.070 A.The applicant is Lawrence L Van Dade. The location is 3391 Aotone Way and 961 Mallard Way (Noi hstar Elementary School).The zoning is RR-1-Rural Residential Zoning District,and PL-Public Use Zoning District Lydick stated this request for a Borough land disposal has been Initiated by the adjoining property owner, The applicant's stated purpose for the disposal is to provide buffering for his existing residential investment The applicant's current land area totals 25264.8 square feet Combined 11(21(2012 Page 2 of 9 PAZ Minutes Case No.14-014 Supplemental Appendix Page 6 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 52 of 369 AGENDA ITEM #9.A. • PUBLi_:(EARING ITEM 7A P&Z REGULAR MEETING 1UNE 18,2014 0 (� PLANNING AND ZONING COMMISSION REGULAR MEETING NOVEMBER 21,2012 630 p.m. KODIAK ISLAND BOROUGH ASSEMBLY CHAMBERS AGENDA A) CASE: 13-013 APPUCANT: Alagnak,Inc. REQUEST: A rezone, according to MSC 17.205.030 C, to rezone Lot 1 Alagnak Acres, from R-2 Two Family Residential Zoning District-to B—Business Zoning District LOCATION: NHN Cave 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 a 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 o 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(Wol- Mort subdivision)had been met,the violation could not exist. Forty three(43)public hearing notices were mailed on October 17,2012. One notice has been returned opposing this request. 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 53 of 369 AGENDA ITEM #9.A. LJPUBL1)ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 0 0 Kodiak Island Borough nnp Jjj Community Development Department nR ah 710 Mill Bay Road J 6, �{s,�q. Kodiak,Alaska 99615 J Phone(907)486.0363 Fax(907)466-9396-\ wwwJndkhkus November 26,2012 Carlle Malley Alagnak,Inc 2705 MITI Bay Road Kodiak,AK 99615 Re: Case 13-013. Request a rezone,according to KIBC 17.205.030 C,to rezone Lot 1 Alagnak 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 Fact are the commission's formal justification 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 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. 17.72.02013. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update Identifies this lot for Urban Residential uses and the lot size makes It practical to develop In a manner consistent with its existing zoning. In this regard, this request is inconsistent with the objectives of the comprehensive plan. According to KIBC 17.205.055.8: If the planning commission recommends denial 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$350 appeal fee Is required along with your written statement.. Case No.14.014 Supplemental Appendix Pagel3 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 54 of 369 AGENDA ITEM #9.A. PUBL.41EARI NG ITEM IA P&Z REGULAR MEETING./UNE 18,2014 0 0 Should you have any questions about the procedure,please call the Community Development Department at 486-9363. Sincere •./[ c•?..1 �"t Martin lydkk Assodate Planner CC Bud Cassidy,Interim Manager Nova Javier,Borough perk Planning&Zoning Commission Case No.14.014 Supplemental Appendix Page 9 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 55 of 369 AGENDA ITEM #9.A. GPUBL( IARI NG ITEM 7A P t 2 REGULAR MEETING JUNE 18,2014 Flag Hearing Item/-A .../ O Li PBZ November 21,2012 Currentl1ocatlon .-• .s ' ,C, _ f Brjmtl f,rone Tccudnytol nCrll20p080E ' P&Z Casel#l13 0137 to e one 10 flingn?%croshpo n�b1w1'D F2�r�i� a a4�elu I 120 unf U, 1 la B.yBus nPs Lon nd!U v¢lfi � Alagnak,Inc _ .., Agent Ikre'MaN ..7.-.,::-.._-,.,, tee_ "3. • ,:-.::=1:-_-2:::,:::,-------::-..:_.:.,7,07.7g;.,fj$, "moi 4r _��n AMU .1114ENI_NI a r I c..3 U 3218 r.,,,, I 1 r zipaRliorl,41 affl f) ..• 4/1, VIP" tipp 1 3 J iri 4,..,_ ., �� #4'.,,,• . 4 V " €45,, ... ,/,.,„ � ii fi le /�pt. - , it., a ; a s. , „,. .. a Att., .... ..1 � ' Legend • tf ' • • • 8, {Subject Parcel Kodiak Island Borough GIS System ai!a i I w`:IJB ibctt a ,n NO me the -_ B AiA=...YW YYYgY.xa.e..•—Y..—+b.a Yy../Yl.Y.e:n. *b wrW .* 'YiyY�Ns.�..e.1 Y-Y�.M.Y.WabaY—Y�v* Y.1 Y.PR CetiS nY{dl Case No.13-013 Introduction Page 1 of 3 Case No.14 014 Supplemental Appendix Page 10 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 56 of 369 AGENDA ITEM#9.A. 0 PUBLC?EARING ITEM 7A P&Z REGULAR MEETING JUNE 1&2014 0 0 Public Hera nem/-A MP&2 November 21,2012 `4 Kodiak Island Borough Zoning Map e Community Development Department . -ii Zoning -- '` eewrei. o .ac�l~;.mme it 05'c3Ctp r Pj7rj13-013 ;oe2onriot URey di nt n7onnU tnatoG nw:ess Zoo !, stnUAlagna( Inc ' - Agent:( Malley H , t( p �®33218 '4 0"'/ 1114P:Yrim,:!IlL?:06- 1 ' &/3 7.-ss 34.6 1 ' ....__ ,.. ,_ .4)„,,,„ ... i ry.i ars 1.....,,,,,, .. i _....a: . L.t.., � ,if .„„%,„ 1 >�.t ,? 1 Legend `" j : .'-Na om, ;subject Parcel ^ Zo�ulnp�tapane FT nut ldr Lnldel 1HM PativW, n*---n lbs Fined RWde4W®LIpl4 aaaw ED Watershed Run RWlNIS 2 ®aces n MS PistAtarheed Cennevt n QSaye FMRi nla Rebl aaen i Utn NecCnMcd Cos atlJ [tip]mat Aa/S,'] O Tee Fray Aside,N Qaww O Nee+i Use M.r�Td las So —Pte\as ere,.a—ware•*ek rr+Wr,Si eshrr rr e.dde�. w."—S�S.wr n.•r.rwr.re ee ese ar.aer SOS b.P 1TPr.er.Iwnsub Case No.13-013 Introduction Page 2 of 3 Case No.14014 Supplemental Appendix Page 11 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 57 of 369 AGENDA ITEM#9.A. PUBLL,TARING ITEM 7A P&2 REGULAR MEETING LUNE 1R,2014 Pub IK Nearing nem/-A 0 PBiZ Ntrvember 21,2012 ImageTOverlay .�,r_ '> � linos ,� " "Rec� sl -'-701 cmrdmt la hIUC." SUS 030 f P&Z Casef#13 013r�.: •to ezo`nc t t la e' `� 1 C Alyn Au f&r36 LTt nr i1. Alagnak;jlncf" i irTt s dt n nI Zo>�I]S nct lo�Uw�sinpss 7o_ni I Di�tr,tY i Agenill.i: ll�e,IMall , ,�g� y t. fr y iv � ° t74 .<44,-,,Y4,,-44.4i.-.7:4, t t`7, 1n�` C. 7 eir , t•`` 3 t { g & a .t c,„:...41 rATkazik:Asq. 4 r�3RY fi' dyR' l+a 1141 C 1 �g e 1,4 4 6"' 1rtl� 'M^ F /q '��"`�»�4r F19�.- f"� '` ,t-t----7ire .v,,.f'h�ey,-(.j aw@ Cx i '�a it lE;l \-Y .`�Y� 1 �3i_� ,til Y i= l® ry y e >Gq k d+ N ''T. x+sLi .�r c gT F ,�^ ' Hca 1 i" n I f �F :Jr s sL'L'r7r'aLb vx / ('IY .: B k N �r� t Jaa as flit ASP txu � 2,, ` ..¢s t;it .. -y � 3'„. CJs f'� f s, ! jp 4 �� : Legend it bi o. u� + a '4 s a CPereet h GIS System + Kodiak Island Boroug 3 1 w �J E ," a m II:land ao ao «t g 4s,wq..4Mab,YY2.1.7..."0....wsMmYe SN"...*W 6./�Rw1....Y1N1�®. Use No.13-013 Introduction Page 3 of 3 Case No.14-014 Supplemental Appendix Page 12 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 58 of 369 AGENDA ITEM #9.A. 0 PUBI'1_'IEARI NG ITEM 7A P&2 REGULAR MEETING JUNE 18,2019 FOLIC Meanng Item I-A \J C) P&2 November 21,2012 • kodakSSkww9h Prim Frim I Submit*Emea I i--'-. Cemnanlyteabpmer9Depmmem .r•' imagery R9Nn 30f _".;re 99ddAA99915 ^� Phn071e99.9191 Fax(907105.9.596 9 ke PROP_IO4/Ify Application for Rezone KIBC 17,205 ,. l�i1e/(fmNag onveaUd to b.suppled*9MAppkene Pmpmv YOanr/AppBm .4Gtunl L1'_ 1 ,JnIr..-. �,// MAIN Addax J7Ir/( .Aa,. y, ,COta— M.me Ntmbep (40- .G ii-y -12) Q °d'Ce9WI"Wall': hal lathiln4-i°jr,i.n/:P lu9elonz$oa Sube.,F/491,19t Arm, nom_ UR 1 Speer Adder ,(/Neuf 'r,..- 114 cminZoxn¢ ,2-Z PmepnM2mNq (3-rB/s5 . a{pBode CongnMmMiYn Explanatkmorthe ted&MMatI len dung.gemendmemofeo,*N:L�I /, � - L , Pik GJ0.d�-e27 Ir1d.E�i '�Lt./O C.�Iy�2JtRti7` rong o rax tni r en.t. t.JE i 104 .Lp As7 „ blitz A' i N s �P� ,oiJ( -n . EW me:on deo effsaisch ecamp>uwdmem would Mn on 0eabjeMa of the ap9otletmtpehvWn plan: IV)a_ i3-oi9 Si Wale.MU Otta, Revery 02. Case No,13-013 Application Page 1 of 2 case No.14 019 Supplemental Appendix Page 13 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 59 of 369 AGENDA ITEM #9.A. (J' PUBO‘_,_ARING ITEM 7A P 12 REGULAR MEETING JUNE 18,2014 Public Nearing Item/-A 0 0 P&2 November 21,2012 Wg S141144t 6e4% ^ ant (nowt Paement ggn LMlan�Fee Pa$Ne M 4plet0gke Reams 104- ntaallu .ghMdWp al&&P24G7 ro APPamr PAID® fydeel]seeee r 0 vamsmeelC ` cz SEP 2420@ SDI ts4a00 epee r Pout 40.131 manor more r sumac (00Id1usJanU 90UBl CInanfvfLM211MR111 Case No.13-013 Application Page 2 of 2 Case No.14-014 Supplemental Appendix Page 14 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land. . Page 60 of 369 AGENDA ITEM #9.A. PUBL REM 7A P&Z REGULAR MEETING JUNE 18,2014 Public Hearng Item 1-A P&Z November 21,2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MIO Bay Road.Kodiak,Alaska 99615 190714869363 October 17,2012 Public Nearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,November 21, 2011. The meeting will begin at 6:30 p.m.In the Borough Assembly Chambers,710 MITI Bay Road,Kodiak Alaska,before the Kodiak Island Borough Planning and Zoning Commission, to hear comments If any, on the following request: BI CASE 13-013 APPLICANT: Alegnak,inc. AGENT: REQUEST: A rezone,according to KIBC 17.205.030 C,to rezone Lot 1 Alagnak Acres, f[pgi R-2 Two Family Residential Zoning District-m B—Business Zoning District LOCATION: NEIN Cove Drive ZONING: R2-Two-family Residential This notice is being sent to you because our records Iodate you are a prapeny mar Panned pampa the area of the rental If you do not wish to testify verbally,you may provide your comments In the spam below or In e letter to the community Development DepMment.Written comment must be received by 9 nm.on Tuesday, November 6 3012 to be mmkand by the tommlWdn.If you weed like to In your Conmaab to W.our fax number Is:(907)416-9396 or you may and them to 3p*htkadlakek us B you...mei ala to testify vie telephone,purse dl In your Comments during its.appropriate pubfk hearing section of the meeting.The local WNn telephone number 64163231.The toll five number b 1455-4924202. One week prior to the regular meeting,on Wednesday,November 14,2012,a work session will be hid it 630 pm in the Kodak Aland Borough Conference Room In21),to review the Pada malarial for the rue. Kodak blain Borough Code provides you with specific appeal rights If you&agree with the Commission's decision on this request.Nyou have any questions ghee the request or your appal rid"please feel free to an us el 4869363. Taw Mee Way mown tie araetaye®Maw tonne Case No.13-013 Public Comment Page 1 of 7 Case No.14-014 Supplemental Appendix Page 15 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 61 of 369 AGENDA ITEM #9.A. OPUBLI,)ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 ((''..� Puble Hearing Item/-A 0 l_l P&2 November 21.2012 Notification Area Request A rezone,according to KIBC 17.205.030 C. P&Z Case 13-013 to rezone tot 1 Alagnak Acres,from R-2 Two Family Residential Zoning District-toB—BusinessZoningotstrkt Alagnak,Inc :V, _ ... fa w Ate.. __- .:L. ,„,,,a . > M1 G A e ,, , at ,, . 401 „is i gr a ... ; . tsaa;_ 'alwe - E -10 14$ s :IS r212 4,0" " us 41;66 7 0 a 0n Kodiak Island Borough GIS al'a aJ Legend w e iv i IJ I . '.° , s. . , ;fee: Saga Parcel g 1 z..wyp/b.r W i=ea HM.&_.en PI,✓es,:Whitt a.epi SYa—w MOM lea-- s,.new w.r.r,r,r.raraea .,ecyrr sYraI.*n aetoS Case No.13-013 Pubik Comment Page 2 of 7 Case No.14.014 Supplemental Appendix Page 16 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 62 of 369 AGENDA ITEM #9.A. 0 PUBLL_EARING REM 7A P g Z REGULAR MEETING JUNE 18,2014 Public Hearing item I-A P&Z November 21,2012 °Axil a �q Kodiak Island Borough or ou gh �L i ± a•♦r= ;4., Community Department es #I T 710 Mill Bay Road Room 205 Kodiak,Alaska 99615 ' Phone(907)486.9363 Fax(907)486-9396 www.kodiakak.us October 17,2012 Magnet,Inc. C/o Ms.Carile Malley 2705 MITI Bay Rd. Kodiak,AK.99615 Re: Case 13-013,Request a rezone,according to KIBC 17.205.030 C,to reffine tot I Alagnak Acres, fag R-2 Two Family Residential Zoning District-fg B—BusinessZoning District Dear Ms.Malley: Please be advised that the Kodiak island Borough Planning and Zoning Commission has scheduled the rase 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 MITI Bay Road,Kodiak,Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting,on Wednesday,November 14,2012 at 6:30 p.m.in the Borough Conference Room(#121),the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session;however,the work session Is not for the purpose of receMng 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 suds information in person. Please contact the Community Development Department at 486.9363 If we can answer any outstanding questions or provide additional information.In advance,thank you for your cooperation. .sincerely, Staff Sheila Smith,Secretary Community Development Deyartment CC: Case No.13-013 Public Comment Page 3 of 7 Case No.14-010 Supplemental Appendix Page 17 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 63 of 369 AGENDA ITEM #9.A. 0 PUBL': ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 • Pun lie Hearing Item/-A C) Q P&Z November 21,2012 KODIAK ISLAND BOROUGH JDA ENTERPRISES,LLC JOHN ARNDT 710 MILL BAY RD 3017 RAVEN CIRCLE PO BOX 1636 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DEREK FOSTER SWANSON FAMILY TRUST RONALD FRIED 599 TOMALES RD P 0 BOX 2666 P 0 BOX 8595 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.BO%1245 P.O.BOX 534 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KELSEYCHATSKI BENJAMIN REHMER TED ROGERS 4026 LUNAR DR KA2 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,AK 99615 KODIAK,AK 99615 MARK HOOVER TED ROGERS BRENT ARNDT 420 SHARAFKA CIRCLE 445 SHAHAFKA CIRCLE PO BOX 1066 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK BIBLE CHAPEL OF KODIAK ALAGNAK INC AUGNAK 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 BOX 2359 KODIAK,AK 99515 BENTONVILLE,AR 72716 GEARHART,OR 97138 MARK DAILEY KATHLEEN BALLENGER RICHARD MCKINNEY PO BOX 959 P.O.80%126 PO BD%1739 KODIAK,AK 99615 KODIAK,AK 99615 KODIAX,AK 99615 Case No.13-013 Publk Comment Page 4 of 7 Case No.14-014 Supplemental Appendiv Page 18 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 64 of 369 AGENDA ITEM #9.A. Qn. PUBLARING ITEM TA P&Z REGULAR MEETING JUNE 18,2014 PUDIC hearing Item/-A CI Li P8.2 November 21,2012 CHRISTINE MCVAY DANIEL CANAVAN ERIC L RYAN 344 SHAHAFKA CIR 330 SHAHAFKA CIR 315 SHAHAFKA CIRCLE KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 IAN PULP KODIAK VENTURES,INC. KODIAK VENTURES,INC P.O.BOX 1306 PO BOX 1066 PO BOX 1066 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 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 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 Case No.13-013 Public Comment Page 5 of Case No.14-014 Supplemental Appendix Page 19 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 65 of 369 AGENDA ITEM #9.A. • OPUSL(—)APING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Public Heanng Item I-A Q O P&Z November 21,2012 Sheila Smith From: Kern Hoover'MMom e®rockotmatcom> Sant Thursday,November 01,2012 5:23 PM To: Sheila Smith Cc: Mark 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 t in Alagnak Acres, I ern not esacdv sure what the difference is between en R-2 Two Family Residential zone and 0—Business Zone? However,my fear is that if the lot is rezoned then the company will be free,without consequence,to continue the diarupdve acdsitia that already take place in our neighborhood.Some of these disruptive activities include high traffic,bud and large trucks on the roadway,inconsiderate employees who drive way to fast for a residential area, bud noise early 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 fed that a company with daily lune-dons that involve the above-mendoncd actinides 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: Kelli Hoover (757)478.4351 420 Shahafka Circle—IA-2 Case No.13-013 Public Comment Page 6 of 7 Case No.14014 Supplemental Appendix Page 20 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 66 of 369 AGENDA ITEM #9.A. PUBC,.�ARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 Public Hearing Item/-A PAZ November 21,2012 Duane Dvorak From: Keri Hoover<kdhaovs®mchelmatmma Sent Friday,November 02,2012 129 PM To: Duane Dvorak Subject Cass: 13-013-Rezoning To Whom It May Concern: Our household received the Public Heating Nodes regarding the request from Alagnak,Inc.to rezone Lot 1 in Alagnak Acres. I am nor needy sure what the difference is benseen an 11-2 Two Family Residendel zone and B-Business Zone? However,my fear is that if the lot is rezoned then the company will be free,without consequence,to continue the dismpm•e activities that already take place in our neighborhodd.Some of these disruptive activities indudc high traffic,loud and large trucks on the roadway,inconsiderate employees who drive way en fast for a residential area, loud noise early 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 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 mc with funherquesdons or concerns: Kelli Hoover (757)478-4351 420 Sbabafka Circle-IA-2 —Fawarded Message— From:Shells Smith epsryflekodfekaku» To:Keo Heaver grdhoovserockeimatoNp Sen:Thursday,November 1,20125:22 PM Subject:Aubnulk mply:Case:13013-Rezoning I will he out of the office frau October 26,2012 fora few days. If you need assistance please call 486-9362 or email Duane Dvorak at dd1•omkfnikodiakak es. Thanks! Case No.13-013 Public Comment Page 7 of 7 Case No.14-014 Supplemental Appendix Page 21 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 67 of 369 AGENDA ITEM #9.A. 0 PUBi,, -A RING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 / Public Hearing Item `� Q P&2 November 21,2012 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 Alagnak,Inc. Request: A Rezone,according to KIBC 17205, to investigate a change of zoning for Lot 1,Alagnek Acres from 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. Forythree(43)public hearing notices related to this request were mailed on October 17,2012. Date of site visit November 4,2012 1. 7nnino History'. The 1968 Comp Plan Identifies this lot as'Residentlal Unclassified".Ordinance 80-9-0 rezoned the lot to RR(Rural Residential).In Ordinance 86-37-0rezoned this lot to R2. 2. Lot Size' 17,513 square feeU.4 acres 3. F-idsting Land Use: Loading dock and vehicle maneuvering space for adjacent Warehouse Use. 4. Surrounding Land Use and Zoning: North: Cove Olive Use: Neighborhood road with Residential development Zoning: R2-Two-family Residential South: Lot 2,Alagnak Acres Use: Warehouse Zoning: B-Business East: Flag stem to Lot 2,Alagnak Acres and residential lot with R2 Use. Use: Business—Access flag stem/R2—Two-Family Residential Use Zoning: B-BusinesslR2-Two-family Residential West: Lot 1A-1,Bk 2,Shahalka Acres Subdivision Use: Single-famty 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 68 of 369 AGENDA ITEM #9.A. 1.1 PUBE,. ARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 Public Hearing Item/-A p&ZNovember 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 end 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 17,205,050 Manner of Initiation. Changes In this title(request for a rezone)may be initiated In the following manner. C.By petition of one or more owners of property within en area proposed to be rezoned. A petition shall be In the form of en application for a change in the boundary of a district, shell 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 shall 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 aged 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 shag be issued as provided in Section 17.72.070,by the borough clerk. B.If the planning commission recommends denial of any proposed amendment;Its action shall be final unless the Initiating party,within ten days,files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Case No.13-013 Staff apt Page 2 of 8 Case No.14 A14 supplemental Appendix Page 23 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 69 of 369 AGENDA ITEM #9.A. 0 PUBO APING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Public Nearing Item f-A O O P8,2 November 21,2012 COMMENTS The petitioner Is requesting a rezone of a residentially zone lot to B-Business, The representatives of the land Dinars in this case:have stated that a successful rezoning will lead to consolidation of this parcel with the larger Business zoned lot immediately 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 requesL`Split lot zoning'(a single lot 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 of 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 zoned 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 wit make a large lot that will be 1.23 acres In size or 69,343 square feet.This Is a significant'amount of B-Business zoned land,That In itself is of concern,but of even more concern le that all access to and from this parcel will be from Cove Drive.There are concerns that this residential level road as currently consbucted could be Impacted by this action. Alagnak,Inc.is the landowner In this case.Alagnak once owned a much larger bad 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 Troopers/DMV offices. Alagnak land sold to others includes the parcels where the Wal-Mmt store 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 lot with the existing larger business zone lot.II is also about the future development potential that wit 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 as business develop on these lots.Though there are Performance Standards found In KIBC 17.90.050 to lessen the impact of business activities 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 allows for less intensive business uses. Case No.13-013 Staff Rpt Page 3 of 8 Case No.14-014 Supplemental Appendix Page 24 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 70 of 369 AGENDA ITEM #9.A. 0 PUBLc\ARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 0 Neanng Item/-A l.� P&Z November 21,2012 Rezone CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2008 Kodiak Island Borough Comprehensive 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 Cove 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 ink of single-family and other types of housing Including those allowed in RI,R2,R3 and SRO zones"1 ZONING/USE: 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 and 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 Clippies 4,Pste Ia Case No.13-013 Staff Rpt Page 4 or B Case No.14-014 Supplemental Appendix Page 25 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 71 of 369 AGENDA ITEM #9.A. �J PUBInARIN6ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 ('� Public Hearing Item/-A 0/ O P&Z November 21,2012 17.75.010 Permitted uses. 17.90.010 Permitted uses.The foioadng land usn are The following kind uses are permitted In the Bl Two- permitted in the B.Business tlhtsira: family residential district A.Accessory buildings; A.Accessory buildings; B.Beauty Shops B.Assembly Halls; . C.Art Galleries; C.Own:hes; 0.Auto repair pages and dealerships; 0.ClIics E.Banks; E.Gaenhousa; P.Building materiel suppliers; F.Home occupations; 6:Dry Miners; G.Hospitals; N.Eadng end Drinking Fstablitunents; I.Fraternal Organizations and private clubs; H.Parks and playgrounds' J.Funend parlors; I.Professional Offices K.Gasoline Stations; J.Schools • L Government Offices; k Single-lamiN dwellings; M.Hotels; L Two Sandhi Dwellings. N.laundryestablishments; M.Vacation Homes 0.Libraries; N.Bed and Breakfasts;and O. Machine Shops, 0.Hoop Houses. 0.Marinas and boat storage B.Mini Warehouses S.Motets T.Muhlple-IaMN dwellings U.Museums v.Offices; W.Outdoor storage; V.Printing ships - L Professional Offices and clinics AA.Public parks and open spaces BB.Retail stores and services CC.Single—Jamil and two family dwellingswith other conditions of appmvel Dee code. A list of conditional uses found in the R2-Two-family Residential District compared to the requested B-Business District Is identified below. R2-Two-family Residential 8-Business 17.75.030 Conditional vas. 1790.030 Conditional Uses There are not Conditional Uses In the B2 Zoning Olttrlcl The tonowlng land uses may be allowed by obtahing a conditional use permit In accordance with the pmvlalons of Chapter 17.210 KIBC: A.Churches B.Hospital _ C.Recreational vehicle parks;and D.Warehouses Case No.13-013 Staff Rpt Page 5 of B Case No.14-014 Supplemental Appendix Page 26 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 72 of 369 AGENDA ITEM #9.A. 0 PUfi4...1EARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 cm Public Neanng Item I-A P$2 November 21,2012 Though it Is clear from the list above,that the number,types,and intensity of uses will Increase should the request to rezone this lot from R2-Two Family Residential to B- Business be approved, there are other zoning Issues the commission will need to consider.Of specific concern Is that in the Business district structures con be built to a height of 50 feet.Though the probabilityof that happening Is small,should that in fact 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 changes in the Zoning Code..Even if construction of a building is built off the property line,customer parking Is allowed to occur right up to the common property line. There Is need for a transition zoning district between residential zoning districtsand lands in the business zoning district.Such a transition will buffer uses and impacts to residential areas from uses located on business zoned properties.Such a buffer zone Is the Urban Neighborhood Commercial Zoning district.This zoning district allows a mare [United list of permitted uses(Sea KIBC 17.100). LAND SUITABILITY: This request Is for a single lot to be reclassified from R2-Two Family Residential to B- Business. The topography of the site is relative flat and suitable for most B-Business zone uses.The area also benefits by being served by water and sewer services.Whet appears to be a Ilmiing 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 trends occurring in this area are occurring on three fronts.Shahafka 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 Wel-Mart stores.This development has occurred on MITI Bay Road that has the Capacity and capability to sustain increase traffic that business uses generates.Lastly,we are seeing Interest in providing high density residential development in the area. There is value In having these higher density residential neighborhoods adjacent to business nodes. Folks living nearby will have access, generally pedestrian generated,to groceries,restaurants and other services. TRAFFIC IMPACTS: Alagnak's sale of Iwo parcels to Wal-Mart has changed the on-site 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 Rpt Page 5 of 8 Case No.14-014 Supplemental Appendix Page 27 0r 1.60 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 73 of 369 AGENDA ITEM#9.A. oPUBLI"FARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Public hearing Item I-A 0 V P82 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 Shahalka 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 Meal feet(the flag stem of the existing business zoned parcel)to 205.42 lineal feet.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 lot In question,the current residential zoning of this lot is consistent with the other lots along Cove Drive and the Shahafka Acres residential subdivision.This low level residential road serves the cul-de-sacs of Shahalka Acres Subdivision which has been a thriving residential neighborhood. The selling off of Alagnak's other land holdings restricted access to this lot and It neighboring parcel to Cove Drive. Increasing traffic On this mad 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 IM to B- Busineel end Its future business development potential le consistent With the level of the road serving the area,its impact to the adjacent residential neighborhood and its consistency with the Comprehensive Plen. Staffs recommendation Is to not to rezone this parcel. RECOMMENDATION Staff recommends that this request be DENIED.The Commission should forward 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,Alagnek Acres Subdivision tag R2-Two Family Residential jg 13-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 Staff Rpt Page 7 of 8 Case No.14-014 Supplemental Appendix Page 28 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 74 of 369 AGENDA ITEM #9.A. `J PUBL( ARING ITEM]A P&2 REGULAR MEETING JUNE 18,2014 Public Nearing 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 steles that the Commissbn shall Incorporate the following criteria into their report to the Assembly: 17,72.020 A.Flndlrms es to the Need and Justification for a Change or Amendment. The principal Justification presented In this case to rezone this parcel to B-Business is because that is how the property Is currently being utilized.The commission finds that such a rezone will have sharp Impacts to the existing residential level road serving this area and that Its future use Is not suitable or compatible with the residential neighborhood character of this area. 17.72,020 B.FindInas as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plen, The 2008 Kodiak Island Borough Comprehensive Plan Update Identifies this lot for Urban Residential uses end 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 of 8 Case No.14.014 Supplemental Appendix Page 29 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 75 of 369 — . 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( C) PUBOARING ITEM 7A P& REGULAR MEETING JUNE 18,2014 t - e troduced by: Mayor Selby Requested by: Planning and Zoning Commieslon Drafted by: Community Development Department Introduced: 08104/98 Public Herring: 08118/58 Adopted: 08/18/98 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 OE LOT S2,U.S. SURVEY 3218 (APPROXIMATELY 11 y8 ACRES);iOM I-INDUSTRIAL ZQ B•BUSINESS,AND A FLAG STEM PORTION OF LOT SIB,U.S.SURVEY 3218(APPROXIMATELY 3,000 SQUARE FEET)EBQM R2-TWO FAMILY RESIDENTIAL IQ BLBUSINESS (173 ISLAND LAKE ROAD, 2705 MILL BAY ROAD,ANO 2880 COVE DRIVE) WHEREAS, the owner of Lots S1A,S1B and 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 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: Theportlon of Lot S1A currently zoned I-Industrial and all of,Lot S2, U.S. Survey 3218 (approximately 11.8 acres), are hereby rezoned from I- Industrial 16.8-Business;and, Section 3: The flag stem portion of proposed Lot 7, Alagnak Acres, (approximately 3,000 square feet)is hereby rezoned frsm 92-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 S98-007. Kodak Wine eweuae,Nue oe..©.Ne,11.14 P4/4 1 or 3 Case No.14.014 Supplemental Appendix Page 36 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 82 of 369 AGENDA ITEM #9.A. PUBITt''S:EARING ITEM 7A it P&F REGULAR MEETING JUNE 18,2014 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 the Newland Justification for a Chance or Amendment A rezone from I-Industrial to 0-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 en 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 Shehafka Acres and Holland Acres. C. that will create one nonconforming use,the existing batch plant adjacent to an established residential neighborhood. However, thereione 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 ug the existing split lot zoning on these tracts. 17.72.020 B. Findings as to the Effect a Change 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 KIB Comprehensive Plait,which emphaelied 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 38-37). 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. Kodiak Wend Borough,AW4 a,Kbmou No.08-14 Pogo 2 of 3 Case No.14-014 Supplemental Appendix Page 37 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 83 of 369 AGENDA ITEM #9.A. PUB QARING ITEM 7A P& (REGULAR MEETING RUNE 18,2014 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS EIGHTEENTH DAY OF JUNE, 1998 KODIAK ISLAND BOROUGH J8 • e M. Selby, B.rou.r t 1=_ay_ Gary I.. Ste ens, Presiding Officer ATTEST: ��pp onna F. Smith, CMC/AAE, Borough Clerk cemak Islnd Banogh,Alaska Gretna a No.98.14 Pap 3 91 3 Case No.14014 Supplemental Appendix Page 38 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 84 of 369 AGENDA ITEM #9.A. �^ PUBL�,,.. ARfNG ITEM 7A V P&ZREGULAR MEETING JUNE 18,2014 1 ITEM N0. 9.A" Kodiak Island Borough AGENDA_STATn4 NT Mooting of: June 18.1998 Ordinance No.98-14 ITEM TITLE: An Ordinance rezoning a portion of Lot SfA and all of Lot S2, U.S. Survey 3218 (approximately 11.8 acres) , from I-Industrial to B-Business, and a flag stem portion of Lot S1B, U.S. Survey 3218• (approximately 3,000 square feet) from R2-Two family Residential Ko B-Business. MARY STATEMENT: The purpose of this request is to rezone approximately 12 acres of privately owned parcels in proposed Alagnak Acres (within V.S. Survey 3218) from I-Industrial to B-Business and from R2-Two family residential to B-Business. This rezone request accompanies a subdivision request to replat Tracts S-1A, S-18, and 62, into the eight (8) proposed lots of Alagnak Acres Subdivision (Case S98-007) . A note on Plat 91-45, which split Lot 6-2 into S-lA and 8-1B, prohibits further subdivision of Lots SS-A and Si-B until each has been rezoned into a single, appropriate zoning district. The Commission held a public hearing on this request at their May 20, 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 NOTES (K1 N/A Expenditure Account Required -n- _ General Fund N/A - APPROVAL FOR AGENDA: Mayor: Case No.14-014 Supplemental Appendix Page 39 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 85 of 369 AGENDA ITEM #9.A. PU011 :WING ITEM 7A $ 1 o &2 tg5L4R MEETINW°llIUNEN10,2014 : # ' . c .y` L W d o p 04 g SWC) o pn zv� (t '-Hitt -rr ul X40 J W 1f t �`I <Nm mqO 1� 7 •` C Na UYI Rw§W% f: !spAik VJ 46k1 .IFL FT - loarlytV441144,4trt 9110, Zta hr Ilivik.A4 CJ - A. -'VA.ilts,41 4,‘n II a . ' /044 4t, a I Av aci i 0*, 1"11 O _ a , , ill / / / . -,/ 4 p6�.._I :macp 7 . t i , 1 . .,, , ;-:\klaigaiiiiellp , I .. *10 ? ilipar Ai °':K ayr 11 'Case No.14-014 Supplemental Appendix Page 40 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 86 of 369 AGENDA ITEM #9.A. PURL( ARING ITEM 7A P&(REGULAR MEETING JUNE 18,3014 Introduced by: Meyer Selby Requested by: Planning end Zoning Commission Drafted by: Community Development Department introduced: 08!04/88 Public Hewing: 08/18/88 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 S2,U.S.SURVEY 3218 (APPROXIMATELY 11.8 ACRES)FROM I-INDUSTRIAL IS B-BUSINESS,AND A FLAG STEMPORTION OF LOT S1B,U:S:SURVEY 3218(APPROXIMATELY 3,000 SQUARE FEET) FROM R2-TWO FAMILY RESIDENTIAL=Q B-BUSINESS 1173 ISLAND LAKE ROAD,2708 MILL BAY ROAD;AND 2980 COVE DRIVE) WHEREAS, the owner of Lots SM, S18 and 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 reiohi;and WHEREAS, the Planning and 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 shell not he 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), are hereby rezoned front I- Industriel to B-Business;end, Section 3: The flag stem portion of proposed Lot 7, Alagnak Acres, (approximately 3,000 square feet)is hereby rezoned from R2-Two family Residential 12 B-Business. Section 4: This rezone shell become effective upon recording of the final plat for KIB Planning and Zoning Commission case 898-007. Koch*Wand Borough.Maas Oranuo Ne.e8•14 Page I at 3 Case No.14-014 Supplemental Appendix Page 41 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 87 of 369 AGENDA ITEM #9.A. PUBL�=CARING ITEM 7A P&jREEGULAR MEETING JUNE 18.2014 • Section 5: The officialzoning 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: 17.72.070 A. Findinas ae to the Need 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 area in recent years. Retail and service uses permitted in the 8- 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 land use conflicts with established nearby residential uses in Shahafke 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. Findings as to the Effect a Chance or Amendment would have on the Obiectives of the Comorehensive 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 36-37h A change of zoning from I-Industrial to the 8-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. Kodiak Wend aerauoh,AMA, eminence No.51.14 3 Case No,14-014 Supplemental Appendix Page 42 of 160 Pep of Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 88 of 369 , AGENDA ITEM #9.A. PUB .,1 ARING ITEM 7A � 1 P& EG LAR 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: Donne F.Smith, CMC/AAE, Borough Clerk Raga Mane emoNN.Alaala Ordinance Na,98.14 Page 3 el 3 Case No.14014 Supplemental Appendix Page 43 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 89 of 369 AGENDA ITEM #9.A. t j PnR uatsfigtfiNtiaNE�l,�0149 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. June 16. 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 S1A and All of Lot 52, U.S. Survey 3216 (Approximately 11.8 Acres), FILM I-Industrial B-Business, And a Flag Stem Portion of Lot S1B, U.S. Survey 3216 (Approximately 3,000 Square Feet) From R2-Two Family Residential Tq 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 cocmnents in the space below and fax to 486-9391 or hand deliver to the office of the Borough Clerk prior to 5:00 pa.. on June 38. 1998. Comments favoring and opposing are encouraged. If you have any questions, please call us at 486-9310. Your name: Mailing Address, Coaments: Case No.14014 Supplemental Appendix Page 44 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... 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PUBLI HEAPING ITEM 7A P&(REGULAR MEETING JUNE 18,2014 • • di pp . . p X X Vi 1 :g Q:@ 2g§ a I. " 'n 6 7 : 1 E S 3 E Q a :i 0 0 k r^g �EpE7 8 gg �gi 5 3 6 i [ 1/ I g a HH: 3 SF Case No.14-014 Supplemental Appendix Page 53 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 99 of 369 AGENDA ITEM #9.A. PU LIQARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 Public Musing ham V4a Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT-MAY 20.1998 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 SIA and all of Lot S2,U.S. Survey 3218 from I-industrial In B-Business(approximately 11.8 acres),and a flagstem portion of Lot SIB,U.S. Survey 3218 from R2 Two family Residential m B-Business (approximately 3,000 square feet). 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive. RECOMMENDED ACTION: Ass 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 Conunission 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 Int MA and all of Lot S2, U.S. Survey 3218 from [- Industrial In B-Business(approximately 11.8 acres),and a flag stem portion of Lot SIB, U.S. Survey from R2-Two family Residential in 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: / Irl . .. , . _ • , ♦+-, :,. y, :�,. . q::,' , .,, .:,,,,m A rezone from I-Industrial to B-Business is needed and justified because the zoning district permits development A. that is consistent with emerging commerciaVrctail 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 stare, 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 ShahafIca 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. Case No.14-014 Supplemental Appendix Page 54 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 100 of 369 AGENDA ITEM #9.A. (115PUBL, `ARING ITEM 7A IJ P&Z EGUTAR MEETING JUNE 18,1014 • r 1 1 : • a M::r . : uym ny, , :. u , 01.', pf the Cnniprehensive Ptap, An area immediately adjacent to the subject property was specifically designated for shopping center development in the 1968 KM 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 tbiongb traffic routes and that this intersection of main roads was particularly suitable(page 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 delgnatloo or shopping center for this area, but also became 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 confrtmed in the adoption of the revised Lakeside/Safeway Sub an Plan in September of 1997. Case No.14-014 Supplemental Appendix Page 55 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 101 of 369 AGENDA ITEM #9.A. PUBLI��ARING ITEM 7A ' ll„) P 8 REGULAR MEETING JUNE 18,2014 Public Haling Hem V14 Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT—MAY It 199a 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 in I-Industrial In B-Business(approximately 11.8 goes),and a flagstem portion of Lot SIB,U.S. Survey 3218 from R2-Two family Residential to 3-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 recommend that the Kodiak Island Borough Assembly approve the rezoning of a portion of Lot SIA and all of Lot S2,U.S. Survey 3218 ban I- Industrial 12 B-Business(approximately 11.8 macs),and a flag stem portion of Lot SIB, U.S. Survey foam R2-Two family Residential to B-Business (approximately 3,000 squats feet),and to adopt the findings of fact in the staff report dated April 28,1998,in support of this recommendation Case No.14-014 Supplemental Appendix Page 56 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 102 of 369 AGENDA ITEM #9.A. 9 . PUBL. ARING ITEM 7A P&41,81GULAR MEETING JUNE 18,2014 • Nblk liming Iva V141• :ir KodiakIsland Borough i MEMORANDUM DATE: April 27,1998 TO: Planning and Zoning Commission 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 from I-Industrial 12 B-Business(approximately 11.8 acres), and a flag stein portion of SIB, U.S. Survey 5nm R2-Two family Residential In B-Business(approximately 3,000 square feet). LOCATION: 2705 Mill Bay Road,173 bland Lake Road,and 2980 Cove Drive ZONING: I-Industrial and R-2 Two-family Residential. Ninety-seven(97)public hearing notices were distributed on May 5,1998. Date of site visit April 24,1998 1. ZsmingThamm The 1968 Comprehensive Plan identifies this area as Residential- Unclassified. In 1978,Tract 5-2 was rezoned from Unclassified to Industrial by Ordinance 78-14-0. Tract S-1 was rezoned from Unclassified to RR-Rural Residential by Ordinance 80-9-0. It was then rezoned to RR1 Rural Residenfial One by Ordinance 83-15-0, and Eater rezoned to R-2 Two Family Residential, B-Business and I-Industrial by Ordinance 86-37-0 in 1986. 2. L51,512:1 Area of rezone is approximately 11.8 acres. 3. Exiatinglatillac Batch plant,office,outdoor equipment storage, four shop buildings,end a warehouse. Cue 9-0 014 Case No.14-014 Supplemental Page 57 at 160 enP a Z Mry 20.199S Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 103 of 369 AGENDA ITEM #9.A. ,1 PUBLI .ARING ITEM 7A �..) P&4 REGULAR MEETING JUNE 18,2014 Public Hoag Ilsm V1-9 • 4. ,S,urmimmdiiw and tae n,t n inr. North: Blocks 1 and 2,Shoham Acres Subdivision Use: Residential Zoning: R-2 West Tracts S-5A-1 and S-4A-IC,U.S.Survey 3218 Use: Safety Store(Tr.S-5A-1)and fast food restaurant(Tr.5- 4A-IC) Zoning: B-Business East Lots IA, 1B-1, lB-2 and 2A, Block I and Lots 1-3,Block 2, Holland Acres Subdivision. Use: Lot IA is business/residence;Lot 1B-1 is a duplex;Lot 1B- 2 is a business/residence; Lot 2A is residentialbusiness; Lots 1-3,Block 2 are a church. Zoning: Block 1 is B-Business;Block 2 is R2. South: Tract T-1A,U.S.Survey 3218 Use: School;church;rectory;convent. Zoning: 122 5. Comprehensive Plan; The 1968 Comprehensive Plan depicts this area as medium density residential 6. Applicable Remdatipps; 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 Mennen ofinitiation. Changes in this title 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 n change in the boundary of a district, shall be filed in the coinmirnity development office,be accompanied by the required fee and each data and information as may be necessary to Sure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 1772 055 Submission to assnnb(y. 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 act in accordance Case No.14-014 Supplemental Appendix Page 58 of 160 Cue 91-014 Pap of9 PiZMay24,199K Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 104 of 369 AGENDA ITEM #9.A. PUBLi�., APING ITEM 7A P&ZREEGULAR MEETINGJUNE 18,2014 Public Harlan ben V103 with this chapter and notice shall be issued as provided in Section 17.72.070,by the borough clerk B. If the planning commission recommends denial of any proposed amendment,its action shall be final unless the initiating party,within ten days,files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial/Industrial Development 1. Ntralpeslu 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 dredge,fill or excavation along the shoreline or disturbance of anadmmous steams 2. Natural Setting Niemand Arraq Development shall be conducted in a meaner 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 Not applicable This is a long established industrial area far from the shoreline and scenic views. 3. Dredging and filling shall be consistent with ACtvIP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and brining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront laud. Consistent Not applicable. This action does not involve dredging and fill along the shoreline or processing of minerals. 4. Facility Desitin Case No.14014 Supplemental Appendix Page 59 of 160 Osf1414 Pyel.f9 PaZ May10,1994 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 105 of 369 AGENDA ITEM #9.A. l 1 PUBL(T)ARING ITEM 7A Y.../\ P& REGULAR MEETING JUNE 18,2014 POIk Navin{limit/ED 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. Rufier nnea 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: Buffering is provided in some measure between established industrial zoning and uses and the residential properties across Cove Drive and Island Lake Road 6. Accessary Development Accessory development that does not require a shoreline Mention 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,rent 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,backshorea 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 Cm91014 Apo of P12:May 20,1995 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 106 of 369 AGENDA ITEM #9.A. PUBLi FARING ITEM 7A (L-Jl P&2REGULAR MEETING JUNE 18,2014 Public2MS1 hap V149 COMMENTS The purpose of this request is to investigate the possible rezone of approximately 11.8 acres of property consisting of Tract S-2 and a portion of Tract S-IA,U.S.Survey 3218 from I-Industrial to B-Business. The rezone request accompanies a subdivision request to rapist these two tracts, along with Tract S-113,into the eight(8)proposed lots of Alagnak Acres Subdivision, A note on Plat 91-45,which split Lot S-I into S-1A and S-1B,prohibits further subdivision of Lots 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 S-IA and S-1B along Cove Drive and bland Lake Road north of the Melnitsa Lane intersection is zoned R2 Two-family ResidentiaL The R2 miring will remain with the exception of a thirty(30)foot wide portion adjacent to Cove Drive which will become the fagatem of proposed Lot 2 and is included in the rezone request to B-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-bilsiness designation of adjacent commercial tracts within the Lakeside Subdivision /Safeway Subarea Plan. It is consistent as well with conimercial/retail-development that has evolved in the immediate area in meant years including the Safeway store,fast food restaurants,a service station,a bank and an office bnilding A concrete batch plant has operated on proposed Lot 7 since a special exception was issued for its use in 1966(Case 93B). In 1987 CUP and variance requests(Case 84-069)were granted by the Commission permitting erection of a sixty (60) foot high silo storing lime for cement manufacturing within fifty(50)feet of the Rl 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 emaciated"grandfather"right In 1991,a CUP(Case 91-024)was granted for the sixty byone hundred 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 Sbahafka Acres. .Proposed Lot 8 contains au established office building. The zoning of this lot would be changed from I-Industrial to B-Business,but office is a permitted use in both districts. Case No.14-014 Supplemental Appendix Page 61 of 160 Cne91414 Par a or9 PAr:A*20.1991 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 107 of 369 AGENDA ITEM #9.A. PUBLI- _APING ITEM 7A P&Ifs ULAR MEETING JUNE 18,2014 Mae Hawing Ilei VLB 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 commereial/retail node that has characterized development in this area ova 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 acre tract(proposed Lot 5)is a sixty(60)foot wide fagstem onto Mill Bay Road,owned by the City of Kodiak,approximately two hundred(200) feet south of its intersection with Island Lake Road This flagstem should also be designated as an access and utility easement for Lot 6. Because proposed Lot 5 has been identified as the most'Drely 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 times 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 plan dating back to the 1960'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 conformance 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 Shahatka Acres and Holland Acres has always been a concern. A rezone now to B-Business Case No.14-014 Supplemental Appendix Page 62 of 160 Cna91414 Pqe 6 erg P fl May 20.1991 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 108 of 369 AGENDA ITEM #9.A. PUBL'.eag APING ITEM 7A P&Z REGULAR MEETING JUNE 18,2019 • ' Public Haring Ion V1-B would remove the specter of potential future heavy industrial development and thereby remove the possibility of these conflicts. This is probably desirable and in the public interest. It is also consistent with designation of adjacent tracts within the Lakeside Subdivision es Retail Rusiness, which was confirmed 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 Lot B, is consistent with B-Business zoning. The other, a concrete batch plant,is industrial in nature and would become a nonconforming nes 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 S. These uses could be permitted as well in the B-Business zoning district,although the understanding is that this lot will be made vacant anticipating other future development Proposed Lot 2,containing a large warehouse,will remain zoned B-Business,as presently, and that use will continue as a conditionally permitted use. 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 for a number of years for various industrial and commercial uses,including extensive outdoor storage. Drainage has been established and is unlikely to change with commercial development However,coveting large meas 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 Island 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 Mill Bay Road can serve Lots 54. Major road improvements have been completed to Mill Bay Road in the last couple of years and are presently underway on Murphy Way. RECENT DEVELOPMENT TRENDS IN THE AREA: A number of retail and service oriemed businesses,including that-food restaurants and a bank, 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. Mil Bay Road is City owned and the City of Kodiak has indicated that high density or use development on proposed Lots 5 or 6 Case No.14-019 Supplemental Appendix Page 63 of 150 Ps M.1114 Are r are PAL May res.l998 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 109 of 369 AGENDA ITEM #9.A. • PUBL()ARING ITEM 7A , ,x P&2 EEGULAR MEETING JUNE 18,2014 Pubxk Having 1¢mvl-B would generate a request for a traffic impact study in the area prior to issuance of a driveway permit. . Major mad improvements were completed to Mill Bay Road two years ago and are presently underway on Murphy Way,with completion projected for this Fall, 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 SIA and all of Lot S2,U.S. Survey 3218 km I- Industrial la B-Business (approximately 11.8 acres),and a flag stem portion of Lot SIB, U.S. Survey ¢Om R2-Two family Residential La B-Business (approximately 3,000 square feet),and to adopt the findings of fact in the staff report dated April 284998,in support of this recommendation FINDINGS OF FACT 17.72.020 A. Findings as to thr Need and Justification for a Change or Ammvtmmt A rezone from I-Industrial to B-Business is needed and justified because the zoning district permits development A. that is consistent with emerging commemialretail 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 Shahetka Acres and Holland Acta. 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 lately 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 trams. Case No.14-014 Supplemental Appendix Page 64 of 160 "•—Hamra Pau c9f9 eaZMryr00991 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 110 of 369 AGENDA ITEM #9.A. QPUBL(- TARING ITEM 7A U P&P4 ULAR MEETING JUNE 18,2010 Public&win Ilem VtB 1 1I. . 11 :i• , :n-ie..it . 1 I:r .I i a,.-. i -. pf the Comprehensive Plpe. A change of zoning from I-Industrial to the B-Business zoning district is necessary because it will bring the zoning into conformance with thio 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 revised Lakeside/Safeway Subarea Plan in September of 1997. . . Case No.10-014 supplemental Appendix Page 65 of 160 Case 91-014 Pyr 9or9 P It 2:May 20,1991 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 111 of 369 AGENDA ITEM #9.A. h t r9RING ITEM 7A • Zpiu LAR MEET] GIUNE 12,2014 ; 1110- .. .;A :;-• A 1, w *or e � • w go: QQ y c7 L, E? r�� e ,� •4rr #0 Aic ,*--,„„,„ca,„,1••,,,.. a t lifyk.,I wow" mfr., e 4 ::' go rit \ 414111T%filli-4 :.::# . :\ IIII vt, it Are: t 4;44 n \ . I . 0 we)%Itifis *8 ( oily 'S ? • WWII 37%. ' - Artanants../ -4.r.,.. 4, . / . , , i „.,..„,.i". : � � t �° AF R • z. �� o - z ''' %) *a ,I, eilie%140, ii. I,. .., to: .4).a , . ,---,:. ,,,,N- I/ „,..,,,,„ :. 4, -,.-,.. . -.N. 4;4 Case No.14.014 Sup A ntlia Page 66 of a, Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 112 of 369 AGENDA ITEM #9.A. PUL .EPPING ITEM 7A ,i— •&Z 1 EGULAR MEET8G1UNE 18.2014 g ® !14 g '� t , i ihiitp .r C S�C SI3 ' W IN ; vre. 4, " 4fai? , - igis`I. ► 4 4, 4.34__ a Air lif Pre. ar ��_: 7 V*, "Sr a' q vire . '��:eiternie. 444,E Itili lik 4 0 4A . Nfrat ei a Lit dr „ gm N i I ri a I k 1 Al I I ' arik ' 0 /$ttkJ � e /te.,. .„ , iis ��,I�F� °nilliklb up0 I C` t 41 i leae' LAW Atitil a,:11,. isaire ., , - .i .. • �\:. lam. --,.w�."" ,rr i© j ' Case No.14-0145upplemental AppendiM Page 67 of n Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 113 of 369 AGENDA ITEM #9.A. UPUBLIt..IIARING ITEM 7A &46GUTAR MEETING JUNE 18,2014 KODIAK ISLAND BOROUGH CONIMUNITY DEVELOPMENT DEPARTMENT 710 MBI Bay Rad,Kodiak,Alaska 99615 Public Hearing Item VT-B PUBLIC HEARING NOTICE A public hearing 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 Cue 98.014. Request for a rein,in accordance with Section 17.72.030,0 fR8 RR (Mama of hddatiou)of rho BoroughU Code,of a portion of Lot S1A and all of 15 1313 l' IR I q Lot 52,U.S.Survey 3218 from 1•Indam B- uial mines'(approximatelf 11.8 ; ane),and a ilegstem portion of Lot SIB,US Surrey 3218 from Rr_- 2-Two 12 o J family Residmdal m B-Busmen(approximately 3,000 square feet). 2705 Mat Bay Road 173 Islr.d Lake Reed,and 2980 Con Drive. L ,� n s � COMMIT(iii�i- ' This notice Ls being sent to you because our records indica you an a property owner to alarm of the requese t) you do not wish to testily verbally,you may provide your comments in the spam below,or in a fetter to the Communty Development Depatliuent Rat to the meeting Ifyou would like to fax your common to us,oar fax number is:(907)d86.9376. If you would like to testify via telephone,please all In your comments during the appropriate pahL&hearing soden of the meting. The foul ulna telephone number Is 4863231. The roll free telephone number Is 1-800478-5736. One week prior to the regular meeting on Wednesday,May 13.1998■work session will be held at 7:30 pm In the Kedbk Island Borough Conference Rim(8121),to review the packet material for thea Kodiak Island Borough Code provides you with specific appal rights if you disagree with the Commission's decision on this request If you have any questions ahem the request or your appeal rights,please feel dee to call m et486-9363. veer them Mare I J Ca;&goon aLalquameolSf)sAnAa`f La CX. Vearpnpary aeeWWr Lot- 4A cenmmw ,Iherr is a irn:nnn arsn a.,..4 Valet 1.1Wtcfk.,d 111°4kJeea Lem yA f a3, S2 . pi-erncFW 7rrick Spy is re'Ion 41,0 c pvpde toeO al Q ''fl to Ae15)�p 1 tono+.( rayu s-t- 4.,s carp, hP// LID D/J�N a�PnV--i-tAa:rP/Y 11.v4L f.lesna.Q , irli n, AP air .rj-ian n f 141. t. fakri Oepo. lar:r eA��77q 4f• 4-e• v rsnFes' air 9A-2R a1�� C,. 2 tot •o'Plrp,•4r 1 �N E.Y ilinit/a.t4 re 4o cue 4hr Chia;6 a.:30 Mrs- efeaAa 014 GM,.i afah- 4-',na�glr ,�v,tasL •V f� .t IS ruin a (s-..n:ri SPl/wf W , A66lf:ono.�/Q YM. S7 5..-6,Pa{ 44:B--Am /L5 anrice& n4 Cal ah:'n eith 'P3 I ny1 0.74-41/21asi-u-ne—, 1/8 Case No.14-014 Supplemental Appendix Page 68 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 114 of 369 AGENDA ITEM #9.A. N'' 0 '70 7t 47 5032jars ZUtt,. 71L- Umll:E' WNG ITEM 7A r. OP&Z euTAR MEETING JUNE 18,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mea nay&ad,Kodiak.Malts 99et7 Patio Minn tem V69 PUBLIC HEARING NOTICE A public bee sat will ba held on W.,., . . y - it ": . -m - _wi i • K;di,lbf Island moughugh hlum ng and Zoldost c�i710014 toay�hum commeoptray,'aa tthe ranatou Cue y11914. wyuW tee a ma ie accmdmce with Radm 17.77D30.0 YLL g C El vt (Mar orlaidadeoiorm.Ramegh Ca,of a 32peaon.af(gLaiRu a all.er Lot a E88 1,U.R.Um/ 1 Asa IdadtuaJ m R�Bnleeu p OISSrly 1 t.6 octal,mad a Optima,per.of Tat la U.S.Sirvoy)711 flim 117-Two Lolly Rmaemaa m R-Raba(apprsdmauly 3,000 moan fm). 2705 Mnl • Rey Rpa4 to lad ram Rog ed 2910 Cm meds I • This mace le beam!oat to you bemuse out rowed'imbue yet am propel,nut la loo ua of the ng0m tt yin do OM wish to tit*rabiUy,few mal pMlde year camera to the spam batow,a to a lteoer.m tar ComsaiiwDivao{CtnapytmeuOat senu metas. Ityoa would ILe to rex yourcaa®aon mu7,oar los aimdlir is(907)4669376.Tryon would fi i to oonry as talpboa,plana an to year ammmis Ottani ttti apNowtaupablle timate'Sion of the illslat9 The WM alMa blGthoao moan h 4664731.7Le mu trot tda9lroaa stun*Ii 1400-4765734. Dae weak Ifi r n the Maly meednh m WW2'Mry U,1992 a wade t aaua will bad at 790 pm la the Kodiak khan BoroughCoattaaco Roca(0171,tereriow S punt mania fie the a fedi*had Rmamh Code movidn,you with Mean noel ride it you dlupaa with the Co mbotorfa declaim m thle mount rt7w ban any Wadon about dm maaaat or yea appal nibta,plane feel free to edea roe 46693CL Twanist---eaciathaa/42mipti weavaA4d .r iferrsi, kd sol ,yam Ya�pq„y. . • a. _ /i��_. i y-��' r _ JAn�, ii v Case No.14-014 Supplemental Appendix Page 69 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 115 of 369 AGENDA ITEM #9.A. 11 PUBIJI ERRING ITEM 7A 0 P&2 R0UtAR MEETING JUNE 18,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Baited,Kodiak,Alaska 99615 Public Having Item VT-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,May 20,1998. The meeting will begin at 1:30 p.m. in the Borough'Assembly Clientele, 710.,Mil Bay-Road, Kodiak, Alaska, before the Kodiak Wand Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 98-014. Request for a rezone,In accoMance with Section 17.72.030.0 [ C II TE (Manes ofioidedoo)oftbe Borough Cade,of a portion of Lot SIA ind ill of � 1 Lot S2,US.Swvty 3218 tom I-Industrial m B-Business(app'oromiiel'y 11.8 l I can),an *stem a stem portion of Lot SIB,LLB Stnve9 3218 112--Two t � famBy,Residental m B-Busmen(approximately 3,000 squire fat). 2705 MBI r Bay Road,l73 island take Road,and 2980 Cove Drive. SAI, r,, i .o_ni ra s 'This notice is being sent to you became our tecotds indicate you am a properly miner bi the area of the regvat. If you do not wish to tesdfy verbally,you may provide your cots in the space below,or fa a lean to the Community Development Department pules m the meeting. H you would like to fax Your ecateneab to us,our fax number is:(907)486-9376. If you would Ds to testify ria telepboa,Plana all to your comments daring the appropriate public hearing section of the meeting. The local call-in telephone number Is 4863231. The toll free telephone number Is 1800-4783736. One week prior to the regular meeting,on Wednesday,May 13,1998•work session will be held at 7:30 pm.in the Kodiak Island Borough Confemeco Room(8121),to review the packet material for the case. Kodiak Island.Borough Code provides you with specific appeal rights if you disagree with the Commission's deciifonon this request-If you have any goatioa about the request or yam appal rights,please feel free to all us at 486-9342. ' / q Yet N�!:/I it-Pc /29e/ Mama Amrer..Q4/7/.a9/1/l1116.0 ✓MSP. Vim WPM'destrivea Gamow 111A is:s7✓e n ;Nit //r 1,n/eye Mae /runs As'A,nd -<,n/igrn pent/ Ant/n/ /Jri9/r6`n5 /4/4Ai neeeic ,I4 A- nd n4$eo 12/1/(1.0 ger X AYn AoAAern Pa/ p/An/ Ito ./.41" Ion.,'prp/1. nA Me dirf/ 47nn" F rns/1pri,Pen4' 47.s �} /1n_s /,pe i,JP A I7A4z1,;y Qrtt'nn/✓Ar 440Amr 4e/ X I,'nir/"/hole 4 ,see ,1A,e. egn$ /-n, A28,NIi1 evr,en_ e isiyrAed. • Case No.14-014 Supplemental Appendix Page 70 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 116 of 369 AGENDA ITEM #9.A. u 0PU8LI' EARING ITEM 7A C-} P&2 REGULAR MEETING JUNE 18,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak,Alaska 99615 Public Hearing Item Vt-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday,May 20,1498. The meeting will begin at 7:30 pan, 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: Cast 98-014. Request for a rezone, in accordance with Section 17.72.030.0 r% f�7 �L ry/ I (Manner oflnldatioo)of the Borough Code,of a portion of Lot SlAaad ail of of '0I LS I7 4� 0 f1 ri r Lot Si,U.S.Survey 3218 halo f-rndonxial la B-Business(appimdmieely III '.. ' acres), and a flagstem portion of Lot SIB,U.S.Survey 3218 f®R2-No :•r..$I99b family Residential in B-Business(approximately 3,000 sure feet). 2705 Mill Bay Road,173 Island Lake Road,and 2480 Cove Drive. GOWN Er Ilis notice is being seas to you bemuse out records indicate you an a property natermtheasno request. If you do not with to testify verbally,you may provide your moon=in the apace below,or in a letter to the Commlmity Development Deputiomt pries to the meeting. Ifyou would like to fu your=nose=to us,our 112 oombq S:(907)486-0376. If you would It.to testify via telephone,please rail In your eomment during the appropriate public bearing section of the meeting. lbs local eaWn telephone number Is 4864231. The toll free telephone aumber b 1.806478.5736. One week prim to the regular meeting,on Wednesday,May 13,1998 a work session will be held at 7:30 pm.In the Kodiak Island Borough Confeaxe Room(8121),to review the packet material for the mm. 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 486.9362. 77�.I Yom Nowa^^;: 1 l._�,'I away Aedm, 134:6 ` or , 1 /qI s m 4k1 CaL J • ' i I ) 2 cawmmm (1.(nr: 9I . ' rM.d- Aro in, o g a, ' 'i i ( i �'va>vt gr 6"' • uZ tett- 9XC lti�� s 117 1 in Ila_ f� t t (a-8 alr afLp1° 'rai,, a VA.( C-ra.,.4b anor•„clryai t l Arno �y+A`4 vvs 1 'ere '1.124.t, 1 . S ;- ,,�' 1 c{ ocF cluck . �a .25,4:447 d` Yttti ' ^4-Ii 6 Q( _(1r 7i' rid ar a ,,c, Wii.wlea Case No.14-014 Supplemental Appendix Page 71 of 160 , lbcc c4tw'C ., , liin An Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 117 of 369 AGENDA ITEM #9.A. PUBO )ARING ITEM 7A P& REGULAR MEETINGJUNE 18,2014 Public Works Be'artment c 2410 Mill Bay Road Kodiak,Alaska 99615 Aki 907486-8060 907-4864066(fax) TO: Eileen Probasco,Community Development Department Secretary FROM: John Sullivan,Public Works Direct r6 DAZE: May 6,1998 SUBJECT: Plat review-Case S98-007 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 Mi11 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. 1.1 LE a ! -6916 U CAOFTW PWINWPDOCSm6dHaUm149waT.WPO .'''`TM7RR7.Lcn�4r Case Na.14-014 Supplemental Appendix Page 72 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 118 of 369 AGENDA ITEM #9.A. PURUCHEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 KODIAK ISLAND COR000H ORDINANCE NO, 86-37-0 AN ORDINANCE OF THE KODIAR ISLAND B080UGR ASSDULY REZONING IKACI S-I, U.S. SURVEY 3218 FROM R11 TO R2, BUSINESS AND INDUSTRIAL. The Kodiak Island Borough Asambly hereby ordains that: Section I: A Portion of Tract 5-1, U.S. Survey 3218, specifically Lots t through 7, Block 1, Brechan Subdivision Preliminary Plat (Cass 5-86-011. dated April 18. 1986) are rezoned frog RRI--Rural Residential One to R2—Two-Family Residential; and a Portion of Tract S-1, U.S. Survey 3218, specifically Lite 1 through 7, Block 2. Brechan Subdivision Preliminary Plat (Case 5-86-011, dated April 18, 1986) ere rezoned Eros URI—Rural Residential One to 8—Huatnese; end a Portion of Tract 5-1, V.S. Survey 3218, specifically Tract 51-8, Brechen Subdivision Preliminary Plat (Case 5-86-011, dated April 18. 1986), generally north of an extension of Melnitsa Leu. is rezoned from RHI—Rural Residential Ooe to 8—Business; and a Portion of Tract S-1. U.S. Survey 3218, specifically Tract SI-A, Bracken Subdivision Preliminary P1st (Case 5-86-011, dated April IB, 1986), generally south of an extension of Nelnitaa Lane, is rezoned from P11—Rural Residential One to I—Industrial. Section 2: The official zoning aap shall be updated to reflect this rezoning. Section 3: This ordinance shall be in full force and effect upon passage and adoption. PASSED AND APPROVED THIS 4 DAY OP Seatember , 1986. RODIAE ISLAND BOROUGH BT Jeros• Selby, Borough Mayor • 8Y 45L 9, Presiding flaw Presiding officer • ATTR T: BT CMG. Gays Can , 8n10.4 Clark First Reeding, Approval Data: Aumust 7. 1986 Second Reading,p22Public Peering. Approval Date: SaetaMer 4. 1986 Case NO.14.00114 S86Piro ntal Appendix Page 73 of 160 PAGE I OF 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 119 of 369 AGENDA ITEM #9.A. 0 PUBLIARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 Effective Date September 4, 1986 =I DISTRIIDTION LIST: 'I Coesnity Development Department !kenning Department Engineering Department • • 11 i1 Cas No.14-014 Supplemental Appendix Page 74 of 160 ORDINANCE 85-37-0 PACE 2 07 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 120 of 369 AGENDA ITEM #9,A. 0 PUBLIC'NEARING ITEM 7A 0 0 I ; 1 1 5 P&Z REGULARMEETING JUNE 18,2014 KODIAK ISLAND BOROUGH ORDINANCE NO. 03-15-0 AN ORDINANCE OF THE KODIAK 151AND 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 as follows: CHAPTER 17.17 RAI - RURAL RLSIOE TTIC 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 0escription 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 promoting the general purposes of this•Title, the specific intentions of this Chapter art: A. To encourage the continued use of land for low density residential and general agricultural purposes; • B. To prohibit committal 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 which, because of their character or • size, would create unusual requirements and costs for public services. 17.17.020 Permitted Uses. The following land uses are permitted in the ;Rural Residential District: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities ween an owner-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 pemit from the Planning and Zoning Commission: • Case Na.14014 Supplemental Appendix Page 75 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 121 of 369 AGENDA ITEM #9.A. 0 PUBLI)ARING ITEM 7A fl CI 1 l 1 l ? 57P&Z REGULAR MEETING JUNE 18,2014 A. Nom occupations; and B. Fireworks stands. 17.17.040 Area Requirements. A. Lot Area, The minimum lot area required is 40,000 square feet. B. Lot Width. The minimum lot width required is 120 feet. 17.17.050 lards. A. Front Yard. The minimum front yard required Is 25 feet. B. Side Yards. The minima yard required, on each side of a principal building, is lD percent of the lot's width. The minimum side yard required on the street side of a corner lot is 25 feet. C. Rear Yard. The minismm rear yard required is 25 percent of the lot's depth but need not exceed 40 feet. 17.17.060 Building Haight Limits. The maximum height of residential buildings shall not exceed 35 feet. SECTION 3: This Ordinance shall be in full farce and effect upon passage and adoption. PASSED ANO APPROVED THIS 3rd DAY OF March , 1983. KODIAK ISLAND BOROUGH BY: �{�� B yllaer ATTEST: • BY:tay IU &?G FIRST READING DATE: February 3, 1983 SECOND READING AND PUBLIC NEARING DATE: March 3. 1983 EFFECTIVE DATE: March 3. 1983 REQUESTED BY: Coempnity Development Dtpartmnt Staff PREPMED BY: Camunity Devetopmnt Department Staff RECOMENDATIOR: Planning[omission and[amenity Developamt Office mowed approval • Kodiak Island Borough Ordinance No. 83-15-0 Page 2 Case No.14-014 Supplemental Appendix Page 76 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 122 of 369 AGENDA ITEM #9.A. drs- PUBLICNEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 3 I l 7 7 Rn ).P • KODIAK ISLAND BOROUGH ORDINANCE NO. 80-9-0 • AN ORDINANCE RELATING TO CHANGES IN ZONING DEALING VITA UNCLASSIFIED 20NES. WHEREAS, the title is confusing as to the use of the )and and, WHEREAS. area requirements are unclear in order to :sake 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 Raul Residential (R-R). Section 2: —�7 All references to (U) be changed to (R-R) In the Borough fade, (b) All rating maps with areas designated (U) be changed to (R-R). PASSED AND APPROVED this 3rd day of April , 1980.. KODIAK ISLAND BOROUGH ay/532V !d�L-4Gary orougDD�� yor ATTEST: First Reading: March 11, 1903 !Second Reading, Public Nerving: April 3, 1980 Effective Date: April 3, 1980 Ias No.14.014 Supplemental Appendix Page 77 of 160 • Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 123 of 369 AGENDA ITEM #9.A. o r` `J PUBLIl.1EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 • 07 n I 1 2 7 1 rt KODIAK ISLAND BOROUGH ORDINANCE NUMBER 78-14-8 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY WOKING TRACT 5-2, USS 3218 FROM UNCLASSIFIED TO INDUSTRIAL Oreohen Enterprises, Inc.) 8E IT ORDAINED by the Kodiak Island Borough Assembly, that, . SECTION 1, Tract 5-2, US5 3218 is hereby rezoned from Unclassified to Industrial. PASSED AND APPROVED this 7Of day oF4se„y,,(a..) 39)13. • KODIAK ISLAND BOROUGH //�gy�pp J • yBoroug ATTEST: ay?, 1 circuit e • • FIRST READING AND APPROVAL DATE: August 23, 1978 SECOND READING, PUBLIC HEARING, PASSAGE DATE: December 7, 1978 EFFECTIVE DATE: December 7, 1978 1 PREPARED 8Y PLANNING DEPARTMENT RECOMMENDED BY PLANNING AND ZONING COMMISSION C se I•.14-014 Supplemental Appendix Page 78 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 124 of 369 AGENDA ITEM #9.A. o t PUBUCNEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 e •• , Kodiak Island Borough • • 0 f/y.�i'+a p 710 MILL BAY ROAD .., r I w KODIAK,ALASKA 99615-6398 v, S May21,1998 Bill Oliver Brechan Bntetprises 2705 Will Bay Road Kodiak,AK 99615 RE: Case 598-007. Request for preliminary approval of the vacation of Lots S1A,SIB and S2,U.S.Survey 3218,and replat 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 1650[Final Plat]of the Borough Code; 1. Install a new fence and/or 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 Shahalm Asea This condition meets the approval requirement of KIBC 17.21.050.C. 2. Place a note on 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 angst=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 fat of existing roadway easement covering a southerly portion of proposed Let 7. 5. Lighting related to future development may not produce a glare on public highways and neighboring residential properties according to KIBC 17.21.0509, Once these conditions have been mot,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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 125 of 369 AGENDA ITEM #9.A. �`- PUBLIL HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 0 a Bill Oliver May 21,1998 Page Two all the signatures required on the plat prior to submitting to the Kodiak island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat The approval of this preliminary plat shall be elfeetive 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 Sc is granted, atthe request of the subdivider,by the commission prior to the expiration of the preliminary plat. A time extension will only be granted if a reevaluation 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 end Zoning Commission does not necessarily mean that development of the property complies with State and(Semi 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 s gytlm notice of appeal with the Borough Cled±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 relefsought 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 decision. The Planning and Zoning Commission adopted the following finding of fact in support of their decision: 1. This plat 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 provides a subdivision of lend that is consistent with adopted Borough plans for this area Case No.14-014 Supplemental Appendix Page 80 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 126 of 369 AGENDA ITEM #9.A. PUBLICHEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 • 0 O Kodiak Island Borough Bill Oliver May 21,1998 Page Three If you have any questions about the action of the Commission,please feel free to contact the Community Development Department at 486-9362. Sincerely, /4 Bob Scholze,Associate Planner Community Development Department cc: Horizon Surveying Fire Marshall Case No.14-014 Supplemental Appendix Page 81 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 127 of 369 AGENDA ITEM #9.A. DPUBL'REARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 0 0 area. It is also consistent with designation of adjacent tfaatr within the Lakeside Subdivision or 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 Hearing Opened Diane Brooks. Shaba&a 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 Ulna.Shahafm Ars 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. Bill Oliva- 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 Mill Bay Road and that the City of Kodiak has indicated that a traffic impact study would also be required prior to development. Public Hearing Closed. Regular Session Opened. After some discussion,the Commission agreed that the concerns expressed should be discussed as pan of the review of the companion subdivision case. The question was called and the motion CARRIED by unanimous roll call vote. C) V Case SB&0SID Request for preliminary approval of the vacation of Lots SIA, -SIB led S2,11.9.Survey 3218,and replat to Lots 1-8,Alagnak Ames. 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive. BOB SCHOIZE indicated 97 public hearing notices were mailed for this rax and 2 were returned, I expressing no objection and I 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,V/ laZ Mons:M.,*Im Nylon]] Case No.14-014 Supplemental Appendix Page 82 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 128 of 369 AGENDA ITEM #9.A. (1) a PUBLIC HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 • • O d would likely be no major recontouting of the property. He suggested that if the Commission chose,they could amend the conditions to require a drainage plan, COMMISSIONER STEWART MOVED TO GRANT preliminary approval of the vacation of Lots SIA,SIB end S2,U.S.Survey 3218,and septet to Lots 1-8, Alagnak Acres,and vacation 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 I, 1998 as'Findings of Fact"for this case. CONDITIONS OF APPROVAL I. Install a new fence and/or repair the existing fence.The fence shall be six (6)feet high mid sight obscuring to separate business uses in proposed Alagnak Acres and all adjacent residentially zoned properties in Block I and 2 of Shahal a Acres. This condition meets the approval requirement of EEC 17.21.050.C. 2. Place a note on 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 flagstem 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 IUBC 17.21.0509. 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. V P AZMb,aa My20.1991 Psis 5pf13 Case No.14-014 Supplemental Appendix Page 83 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 129 of 369 AGENDA ITEM #9.A. a r, PUBLIonEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2010 • C� O The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public " lo Hearing Cld osee.,t Regula.Session Opened. The Commission discussed the drainage issue. COMMISSIONER FRIEND felt that the area was reasonably flat 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 beat way to address the speakers concerns,and recommended that if the Commission added a condition of approval that they be 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. TO Case 98-015. Request for a rezone, in accordance with Section 17.72A30.0 (Manner of Initiation)of the Borough Code,of a portion(approximately M acre) of Lot 5, Block 1, Radials Subdivision IC Addition, feat R3-Multi family Residential 10 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-IA,Woodland Acres 76 which was never formally rezoned by ordinance from R2-Two family residential to B- Business. P a2Milian.May 20.1991 Post erp Case No.14.014 Supplemental Appendix Page 84 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 130 of 369 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 0 Pobik Ha h,s Ilan VIC Kodiak Island Borough Planning and Zoning Commission STIMMARY STATEMENT—MAY 20.1994 Meeting of: May 20,1998 ITEM TITLE:Case 898-007. Request for preliminary approval of the vacation of Lots S1A, SIB and S2,U.S.Survey 3218,and replat to Lots 1-8,Alagnak Acres. 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive. RECOMMENDED ACTION: Staff recommends approval of this request subject to revised conditions,shown below. APPROPRIATE MOTION: Move to grant preliminary approval of the vacation of Lots SIA,SIB and 52, U.S. Survey 3218,and replat to Lots 1-8,Alagnak Estates, and vacation of an approximately 330 foot long,Willy(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,i998 and to adopt the findings in the staff report dated May 1, 1998 as"Findings of Fact'for this case CONDITIONS OF APPROVAL 1. Install a new fence and/or repair the existing fence.The fence shall be six(t)feet high and sight obscuring to separate business uses in proposed Alagnak Estates and all adjacent residentially zoned properties in Block 1 and 2 of Shelefka Acres. This condition meets the approval requirement of KIBC 17.21.050.C. 2. Place a note on the plat swing: "There shall be no access directly from Lot 6 onto Mill Bay Road or island lake Road." 3. Designate the sixty(60) foot wide flagstem 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 17.21.0508. Case No.1A-014 Supplemental Appendix Page 85 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 131 of 369 AGENDA ITEM #9.A. PUBLII nEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 l.' KIR COMMUNITY DV O, . 11:07:41 A.M. uNAY 20 1998 _,. :v UCLANTS 7J..__ _ _ ., , .__ C.\ / • ,if' `•\ • <.... ....r r.. . f. - - // ' , , // vas I e . Jl..:cvi 'i.. .,. .. I ;. i i 1 S' i . 1/ r, % :. r2 ods Q'^• l x.. • ` • 4 . ? , t , �. - , — .. .. ,IN:y .. I v_.._ 41.1-1010 awriong \ xY 1 ' 'l 1 .... ...men-. ' exam P' an r � -f ' ''` —„?' ;- Case No.14014 Supplemental Appendix Page 86 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 132 of 369 AGENDA ITEM #9.A. 0 PUBLIC HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 C 0 Public Hem*Its,VI C Kodiak Island Borough Planning and Zoning Commission SUMMARYRTATF.MRNT-MAY 1a-1998 Meeting of: May 20,1998 ITEM TITLE:Case 898-007. Request for preliminary approval of the vacation of Lots SIA, SIB and 52,U.S.Survey 3218,and iaplar to Lots 1-8,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 Lath SIA,SIB and S2, U.S.Survey 3218,and replat to Lott 1-8,Alagnak Estates, and vacation of an approximately 330 foot long,thirty(30)foot wide roadway easement covering the southerly portion of proposed Lot 7(pa 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 case. CONDITIONS OF APPROVAL I. Install new fence or repair existing fence between existing industrial and commercial uses in proposed Alsgnak Estates and all adjacent residential properties in Block 1 and 2 of Shahalke Acres,as required by I7.21.050.C. 2. Place a note on 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 fiagatem of pmposed 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 tolCIBC 17.21.050.B. Case No.14-014 Supplemental Appendix Page 87 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 133 of 369 AGENDA ITEM #9.A. PUBUCCHEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 Px&Hark.,llvn vIC KodiaklslandBorough MEMORANDUM DATE: May 1,1998 TO: Planning and Zoning Commission FROM: Community Development Department SUBI: Information for the May 20,1998 Commission Mating CASE: 898-007 APPLICANT: Bracken Enterprises,Inc AGENT: Horizon Surveying REQUEST: Preliminary approval of the vacation of Lots SIA, SIB and S2, U.S. Survey 3218,and septet to Lots 1-8,Aiagnak Estates. LOCATION: 2705 Mill Bay Road,173 Island Lake Road,and 2980 Cove Drive ZONING: I-Industrial,B-Business and R2-Two family Residential Ninety-seven(97)public hearing notices were mailed on May 5,1998. Date of site visit: May 1,1998 I. Minimum lot size: R2:7,200 square feet Industrial:20,000 square ft Business:N/A Compliance: Yes 2. Minimum lot width: R2:60 ft Industrial:75 fl. Business:N/A Compliance: Yes 3. Existing land uses: Concrete batch plant;office;various shops; outdoor storage;warehouse. Compliance: Yes oma9em7 v c t x m a s zMey m,Iws Case No.14.014 Supplemental Appendix Page 68 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 134 of 369 AGENDA ITEM #9.A. 0 PUBLIC HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 0 Nblk Hama limn VIC 4. Existing sbucture(s)on the property: 5 shops;batch plant;tower,truck scale; office building;warehouse Compliance with setbacks: Yes(contingent on rezone of I-Industrial to B-Business). Compliance with other zoning regulations: Yes(Balch plant will become nonconforming use with rezone to B-Business). Encroachments: No(assuming rezone from I-Industrial to B-Business) 5. Topography: Provides good building sites: Ycs Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes 6. Physical Features: Wetlands,streams,drainage comses: No Need for driveway/access restrictions: May depend on results of traffic impact analysis Adequate line of sight: Yes Adequate access for additional traffic volume: May depend on results of traffic impact analysis. Adequate access from a safety standpoint: May depend on results of traffic impact analysis. Neighborhood character. Industrial/conunersial adjacent to residential. Double frontage lots: No Flag lots: Yes(2) Adequate access for fire apparatus: Yes Utility installation meets Title 13: Yes Out S96001 Pon:r orlo Pd:L SLYla,1992 Case No.14-014 Supplemental Appendix Page 89 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 135 of 369 AGENDA ITEM #9.A. • 0 PUBLIC TEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 0 PoNk Ruin In YIL Common wall or zero-lot line: N/A Frontage on dedicated public right-of-way.Yes(Except proposed Lot 7,which has access on an existing roadway easement. Other road end utility improvements required before final approval: No 7. Existing Plat Restrictions: Yes Compliance: Rezone will achieve compliance with plat note. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development I. Laotian In areas with poorly draining soils,development where feasible shall be connected to a sewer line. Where this is not feasible,on-site facilities shall be designed so as not to ruse conditions that will pollute rives, lakes,and other water bodies, including the ground wafer supply. Consistent Not applicable. This arca is served by public sewer and water. 2. OamSoas 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 hes been required as a condition of previous development. 3. Arsau 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 591-001 Page 3ef le PALM.),MINI Case No,14-014 Supplemental Appendix Page 90 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 136 of 369 AGENDA ITEM #9.A. 0 PUBLIC HEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 Ci IVNk HWIotaemwL Consistent: Not applicable. This subdivision is not located along the shoreline. 4. H Zanin,s, (rands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplain, 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 nm-up shall be required to the extent feasible and prudent Consistent: Not applicable. This is not a known hazard zone. 5. Wetlands Filling and drainage of water bodies,floodways,backshores,and natural wetlands shall be consistent with AChff'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. Commereialilndustrial nrvrlopmryt I. 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 subdivision will not involve dredge end fill,excavation,or alteration of enadromous streams. 2. Natural Setting.Views end Arend 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. CmMal eye 4 ate r arida),io.HN Case No.14-014 Supplemental Appendix Page 91 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 137 of 369 AGENDA ITEM #9.A. PUBLIC`,IEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 �, r) Public Hanna Ran VIC Consistent: Not applicable. This subdivision is not located along the shoreline. 3. Dredge and Fxeavntinn Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) end 6 AAC 80.110 (hfinenl and Mining Processing). Dredge spoil may be utilized in'ehoteaide 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. Farility Desjgn 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 subdivision is not located near the water. S. parr Zone, Buffer zones shall he 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 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 Lot 2 and the adjacent residences in Shahatka Acres. Proposed Lets 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 Shahalka Acres and Holland Acres. 6. Acecsory Development CaeaAAn Mac ser la PaZ Metra.IAA Case No.14-010 Supplemental Appendix Page 92 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 138 of 369 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Public HuMg lam Vl-C Accessory development thea 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 ninoff 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,backshores or natural 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 not require fill or drainage of water bodies or wetlands. COM11 ENTS This request is to subdivide three tracts into eight(8)lots creating Alagnak Acme Subdivision. A companion case on this month's agenda requests that Tract S-2 and the portion Tract S-LA be rezoned to B-Business. This would result in rezone of approximately twelve(12)acres from I- Industrial to B-Business and would satisfy a note on Plat 91.45 prohibiting further 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 Lake Road,the rapist will create proposed Lots 1 and 3,zoned R2. This zoning is already in place. The thirty(30)foot wide fla stem of proposed Lot 2,between proposed Lots I and 3,an area approximately 3,000 square feet,would be rezoned from R-2 to B-Business consistent with the present zoning on proposed Lot 2 which contains a warehouse permitted by CUP(Case 94-024). Proposed Lots 1 and 3 satisfy the area and width mint,nnms for the R2 zoning district There are no minimums for the B-Business zoning district Should rezone fail,the area and width of the proposed lots also satisfy the minimums for the I-Industrial zoning district. The existing concrete batch plant,first permitted by special exception in 1966(Case 93B),will be located on proposed Lot 7. The batch plant itself and the shop near the scaling shack will not comply with the twenty(20)foot side yard setback requirement for the present I-Industrial zoning, However,with the anticipated rezone to B-Business zoning,this will not be an issue since there are no zoning setback requirements in that district With a rezone to B-Business,the Ow MOW r3F6 of ID as ZMrya,1999 Case Na.14-014 Supplemental Appendix Page 93 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 139 of 369 AGENDA ITEM #9.A. Q PUBLICdEARING ITEM 7A /' P&Z REGULAR MEETING JUNE 18,2014 C, 0 Palk Hain Item wL batch plant itself would become a nonconforming use allowed to continue but not to expand. Discontinuation of the use for more than one year would extinguish the associated"grandfather' right The°Listing 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 flagstem,it does not provide frontage on a dedicated public right-of-way as recommended by KIBC Section 16.40.050.8.8. The roadway easement can be justified since it is existing and appears to provide access also to the parking area of the office building on proposed Lot 8. At a minimum, the portion of the roadway easement extending for approximately 330 feet onto proposed Lot 7 should be vacated since it serves no purpose. The remaining thirty(30)foot wide access easement crossing the southerly portion of Lot g should also be designated as a utility easement to accommodate future provision of utilities to proposed Lot 7. The design of Lot 5 includes a sixty(60)foot wide flagstem to provide access for potential large- scale retail,since the lot itself is nearly seven (7) acres. This is located approximately two hundred(200)feet from 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 number of large-scale stores converge in this expanding retail area west of Mill Bay and Island Lake Roads. Concern has also been expressed about the safety implications 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 I driveway permit. The preliminary plat indicates that half(30 ft.)of the width of the flagstem of proposed Lot 5 will be designated as an access easement for proposed Lot 6,which is adjacent This would eliminate the need for additional driveways directly So Mill Bay Road and Island Lake Road too close to the intersection. To ensure this and avoid potential traffic safety issues, staff 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 flagstem 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 ShahaOu Acres immediately behind the proposed rezone arta. 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 1960's and 1970'5. 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 ShahaOm Acres northerly to a culvert under Cove Drive. 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 Can.at1001 Nei of la P&ZMayat,lws Case No.14.014 Supplemental Appendix Page 94 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 140 of 369 AGENDA ITEM #9.A. 0 0 PUBLIC HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 r 0 rublk Hazing Ilan RTC The existing tracts are essentially level and have been previously graded for existing uses. Since the property is predominately developed,drainage impacts of subdivision itself will be minimal. However,covering large areas with an impervious curia=such as asphalt,a likely prospect 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 There are water end sewer distribution lines located in Island Lake Road to serve proposed Lots 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 lob. The City Public Works Department has noted that there are presently no stub outs existing from MRII 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 are presently underway on Murphy Way. According to the performance standards for the B-Business zoning district of KCEIC 17.21.050, not only is screening required to be provided and maintained between business and residential uaes,but suitable gmundcover must be provided to minimize dust,erosion and sedimentation. Also,lighting cannot produce glare on neighboring residential property. An existing fence separating industrial and commercial uses on these properties from residential neighborhoods in Shahatka 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. Thefence should be minimum six(6)feet high,sight- obscuring solid wood or chain-link with slats. REVIEW AGENCY COMMENTS Kndlak Eleetric Assecladan: No objection. PT(Communications No objection. City of Kodiak: Notes that there are no sewer or water stub outs from Mill Bay Road to serve proposed lots 5 and 6 and that the alarm 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 for a traffic impact study in the area. nm591a07 Nicht Pa Z:Mry20,1991 Case No.14-014 Supplemental Appendix Page 95 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 141 of 369 AGENDA ITEM #9.A. PUBLIC:HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 r PuNk Heuin{lura VlL Elnle of Alaska Department of Transoorlation• Notes that driveway permits must be obtained far any access to a Mate onwed right-of-way. IQR Depgrtment ofFaeilities and Enalneedngt Notes the potential for development an 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. Kodiak Fire Department: Notes that future development of buildings on the lots will 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 grant preliminary approval of the vacation of Lots SIA,SIB and S2, U.S.Survey 3218,and roplat to Lots 1-8,Alagnak Estates,and vacation 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 staff report dated May 1,1998 and to adopt the findings in that staff report as"Findings of Fact"for this case. CONDITIONS OF APPROVAL 1. Install new fence or repair existing fence between existing industrial and commercial uses in proposed Alagoak Estates and all adjacent residential properties in Block 1 and 2 of Shahatka Acres,as required by 17.21.050.C, 2. Place a note on 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 flagstem of proposed Lot 5 as"access and utility easement for Lot 6." 4. Redesignate the existing thirty(30)foot wide roadway easement coveting 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. Cue 591-007 Peta9ot1e P&Z Mty2a.199t Case No.14.014 Supplemental Appendix Page 96 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 142 of 369 AGENDA ITEM #9.A. 0 PUBLIC HEARING ITEM 7A P&Z REGULAR MEETING/UNE 18,2014 0 0 NNIS Haring Ilan VIC 5. Lighting related to future development may not produce a glare on public highways and neighboring residential properties according to ICIBC 17.21.050.B. 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 Mori Plylaurl0 P&ZMg2O.199a Case No.14,014 Supplemental Appendix Page 97 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 143 of 369 AGENDA ITEM #9.A. O 009t 1086 fled NSNid$ woto- IeINff1idn5 ot'ON 03?) x1..a s 2i 3 N0 Ili: , . )i a ' g ' 1 1dCn 1 j1I ! tt mil- 7 1111 a I 1 f( I ti 111 PI. , a � a I i I i i , � 3 Y ' r 1 a j4 ! iiJ ft I `' 11 ::t . . e • I .c v I 3 — G r, l a j T c F EE U 1 z u Z I 1 S O 4n It ii, 1.1/4 j II a l. a y ! >� i 114IiI Ea 2 1 i $ :Hi I e$ t ' ji 1115! J111 II digit 9 6e E ., el ai O I e ^ N a ri a ot06'H13Nnr 9NLL33W ninon x 9 d lJ VC W U 9NINV]H Jlllnd Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 144 of 369 AGENDA ITEM #9.A. iD PUBLIC HER1ITEM 7A P&Z REGULAR ME PING JUNE 19,2019 0 . ..jam Sea Wt,8J 404;x. 1• P°''t LoT s-is Lbs•s sale 4/rhMM ^ acalasast tat: Gawp r1I=.al— USG. Ilicnarr warn W&& S f . Caviar_ " Li`1E^ i— Access Drive Lecatia Recomend.• b Staff • 17 Aedivana3 a f[ (,.6yriE. I I^T— `Reca�endad hj. Staff f / • e I Z-2, oasts '/ / :" I / f f LL f f illI • • t e305144$s \ , •;N p�' 1 90r.lCc 4 a r lee- 0 ' - i r p 1 oo , @ 5'X t3' I/; G 9y a 1 ,$pd s < Anymanc d LneLntein 3 /buffer rip with fencing, berm, veer- tion, a ao that r / St lea -ht obttwrin to a b -ht of six •* feet. oppaeed t natural aaatation w nay be neonaiatent to ( V9 • oats/ euryPJrli t6 se enema) ,: ` ' — & 51 I) Case No 14 014 Supplemental Appendix Page 99 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 145 of 369 AGENDA ITEM #9.A. PUBLIC HEX EM 7A P b Z 0.EGVIAx MEETING JUNE 18,2014 • 0 0 l• • Kodiak Island Borough •• �{� ..•n nluu SAY ROAD 1,1. • a 51il eODUJC.MAW Ml1543E0 ]moil mai 441-036 May 16.1991 Michael Brectum Enterprises.inc. 2706 Mlll Bay Road Kodiak.Alaska 99815 RE: t Cue 91024Z/Request for a conditional use permit In accordance with Section 17.21.0.90E(Conditional Uses)of the Borough Code to permit a BO X 16U warehouse on a commercial lot,and to review a saeerdng plan consisting of a twenty 120)foot buffer amp/greenbelt between the warehouse and residential Iota adjoining the commercial/ industrial/residential lot. That 81, U.S. Survey 9218 1179 Island Lata Road) Dear Mr.Bitch= The Kodiak Island Borough Planning and Zoning CommiWml at their meeting on May 15. 1991.granted the ueaditloal use permit and immured the aareming plea for the request dead above, subject to the following conditions: CONDITIONAL 086 PM= 1. Conditional uses listed under Section 17.24.020(Constable Uses/of the I—Industrial Zoning District of the Borough Cade are sped0mly prohibited unless an exception has been requested from and approval by the Planning and Zoning Commission. 2. Traffic access to proposed Lot SI-B will be limited to the comer ref the h» clanat to the intersection of Cove Drive and Island lake BCBEK!@40 PLAN 1. A twenty 1201 foot buffet-skin las defoed In the staff report.demi Mq s 1991 for this and ausnented by Add obscuring tenant earth berms w�a�tion'.or combinations thereof to a betextof.181 &et. will he adequate to 'eaten" a commercial warehouse from neighboring Cafe Ne.14.014 Supplemental Appendix page 100 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 146 of 369 AGENDA ITEM #9.A. • 0 PUBLIC N }ITEM IA P&Z REGULAR MEETING JUNE 18,2014 • • O 0 Kodiak Island Borough Iberian Enterprises,inc. May 16,1991 Page Tom residential uses, nines and enamor',leways, thereby preventWl adverse impacts to the surrounding area. TEM APPROVAL DOES NOT ALLOW ART CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Please contact this office for further details. An appeal of this decision may be initiated by any person or part;aggrieved by Ming a 1S11ISB notice of appeal with the Borough Clerk within ten(10)wnr§mg days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief/ought by the appellant Therefore,the Commission's decision will not be final and effective until ten (I0)working days following the decision. This letter shall constitute the conditional use permit. Please bring it when you come to our office to obtain zoning compliance for any construction on the properly. The Commission adopted the following findings in support of their decision: InitClty of the eurvoundlnu ores It appears that the proposed use will preserve the value,spirit character, and integrity of the surrounding arra A sixty by one-hundred sixty(60 x 160) foot warehouse building on a 47,986 square foot lot will not be detrimental to the surrounding properties If appropriate conditions of approval are required to address the rimming, traffic and zoning concerns related to this lot. Staff notes that the existing outdoor storage is probably mare detrimental than the proposed new warehouse. The new warehouse,if it Is used to get some of the misting outdoor storage in the community indoors,would be an amenity to the whole area. The use of this property for a warehouse use will not be detrimental to the future development of this ale. This Is evidenced by the Misting commercW/tndusblal use already located on the site. Caw No.14,014 Supplemental Appendix Page 101 oh 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 147 of 369 AGENDA ITEM #9.A. {- PUBLIC NEL )ITEM 7A P&Z REGUTAi MEETING JUNE 18,2014 • p n KodiaklslandBorough �. Brechan Enterprises,Inc. May 16,1991 Page Three 2. That W. ronditlonal use fulfills all other reaulrenents of this chanter •1•Inu to he cond111=11l use In nueetlon. 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 coming compliance and building permit processes will Insure that this conditional use fulfills other requirements of the district concerning ground cover and lighting blues. 3. Thal'ranting the conditional use nermlt will not be hermMd to the nubile health safety.ronvadence and co t 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 Pin: 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 Would clear that other Industrial land uses are not permitted by this conditional use permit when the warehouse is located In a 0—Business Zoning District. The warehouse in this case Is intended for permitted business uses only. industrial land uses would only be allowed upon the review and approval of an exception by the Planning and Zoning Commission. Staff recommends a condition of approval to make this point clear.end to act as a reminder to staff when future coning 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 Bide of the sulyect property end also across the streeL Potential traffic Impacts will be mitigated to the extent feasible by a condition to divert traffic from entering Shabadba Acres Subdivision. Case No 144114 supplemental Appendix Pse 102 al tan Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 148 of 369 AGENDA ITEM #9.A. a PUBLIC NEAT)ITEM]A P&Z^�REGULAR MEETING JUNE 11,2014 0 L/ jp KodiaklslandBorough Breehen Enterprises.Enc. May 16,1991 Page Four 4. That sufficient setbacks,lot luta buffers or other sa4euards are brine provided to meet the conditions hated In RI heeelions A through C of ibis The 49,986 square foot site contains sufficient 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 Planning and Zoning Commission to be sufficient for that purpose. If you have any questions about the action of the Commission,please contact the Community Development Department. Sincerely, CtJn.-. 0/1.0620 c, Fn.en Probasco.Secretary Community Development Department Case No.14-014 Supplemental Appendle Page 103 o11E0 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 149 of 369 AGENDA ITEM #9.A. CI) PUBLIC HEAT)ITEM IA P& REGULAR MEETING JUNE 15,2014 r✓ V Kraut He P1110 nu 510 Kodiak IslandBarough MEMORANDUM DATE: May2,1991 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 1.1991 Reg Meeting CASE: 91-024 APPUCAN..Brechan Enterprises REQUEST: A conditional use permit In accordance with Section 17.21.030E (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(201 foot buffer strip/greenbelt between the warehouse and residential lots attaining the commercial/industrial/restdential lot LOCATION:Tract 51.U.S.Survey 32161173 Island Lake Road) ZONING: B—Business,I—Industrial,R2—Two-family Residential Forty-five(45)public bearing notices were distributed on May 2,1991 Date of site visit: May 7,1991 I. lams Diatom The 1988 Comprehensive Plan identifies this area as Residential Unclassified. Rezoned to RR—Rural Residential by Ordinance 50-9-0, Rezoned to PRI— Rural Residential One by Ordinance 83-16-0. Portions of Tract 5-1.U.S Survey 3218 were rezoned to R2—Two-Family Residential, B—Business and I— Industrial by Ordinance 86-37-0. 2. Jot Size: 47.366 square feet(proposed Lot 51-B) 3. JTWainv1and ilia' Outdoor Storage 4. 8urToundIne land Use and Zonlor Cu 61-014 Pep L Na can Nq Is,LPii Case Ne.10-014 Supplemental Append4 Page 10401160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 150 of 369 AGENDA ITEM #9.A. r) PUBLIC NEC ITEM IA P&2 REGULAR MEETING TUNE t&2014 Q0 Puouc Meumn MA nes Nartb: lot 3,Block 3.Shahafra Acres First Add. Use: Single-family Residential Zoning: R2—Two-Family Residential South: Tract 5-2,U.S.Survey 9218 Use: Industrial.Cement Batch Plant.Outdoor Storage Zoning: 1—Industrial East Lots 1-9,Block 2,Holland Ames Sub„Lots IA 113,and 2A, Block 1.Holland Ades Hist Addition Use: Church, Residence/Business. ResldenEe/Buslnesa,Single-family Residential Zoning: R2--Two-Family Residential - lots 1 to 3, B— Business-Lola lA 16 and 2A West Lots lA 241 and 2B,Block 2,Shahafka Acres Subdivision Use: Mobile Mame Residential,Duplex, Single-family Residential Zoning: R2--ho-Family Residential(al lots) S. Cor hmv innam The 1988 Comprehensive Plan depicts this area as Medium DensityResidential. 8. Applicable Rtfulatlons•The following sections of Title 17(Zoning)of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request )7.21.090 Candidonal uses, 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 parka; D. Single-family residences If located within a structure containing a Mimes'and not exceeding My percent of the area of the structure:and 'E. Warehouses. cren-0H Pee Ida Paz coq nes Ilan Case No.14.014 supplemental Append&Page 105 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 151 of 369 AGENDA ITEM #9.A. O PUBLIC HER')ITEM 7A P 8 Z NEGUUP MEETING JUNE 10,2014 0 H PURIM MARINO 1101Na Euelnesa Development I. NaturalFeaturea Dredge and fill.carnation.shoreline alteration and disturbance of anadtamous abeams, adefata 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 twelve excavation or alteration of the shoreline, disturbance of anadromous streams,tdeflah or wetlands. 2. Natural Settinc.Views and Acerae 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 end prudent. Consistent Not applicable. Ibis property la not located slang the shoreline. S. Prder and Frerwsvinn Maie.inl Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.640(Coastal Development)and 6 AAC 80.110(Mineral and Mining Processing). Dredge spoil may be utilized in shareside landfills If permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent Not applicable. This action does net involve any dredging or Oiling along the shoreline. 4. Facility Dealan 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, Case 101410,4 Page du ren May It 1091 Case No.14-014 Soppemenul Appendle Page 10601160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 152 of 369 AGENDA ITEM #9.A. 4./ PUBLIC HfLDITEM]p P&2 REGULAR MEETING JUNE 15.2010 0 0 PV911C KW=res.mo 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. BliiffrianCil Buffer zones shall be established to the extent feasible and Prudent between business meas and major public transportation routes and between business development and adjacent. non- business properties In order to minimize conflicts between land uses. Consistent: Yea. Review and approval of a suitable screening plan by the Planning and Zoning Commission will Inane that the potential for land use conflicts between the proposed Warehouse and adjacent iron-business properties Is minimized. 6. Arresaory Develooment Accessory development that does not require a shoreline location In only to Carry out Its support functions shall be sited away from the shoreline whenever there Is a feasible and pitdent inland alternative. This category includes parking,warehousing.open err storage,waste storage.tzeabnent or storm runoff control facilities or utilities. Consistent Yes. Warehousing Is an accessory use that does not require a shoreline location. Siting the warehouse away from the shoreline at the proposed location Is therefore consistent with this policy. y.ae1m4 Pee of Ph auq la 1001 Case No.14.014 Svppkmental Appendix Page NO of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 153 of 369 AGENDA ITEM #9.A. PUBLIC EfM IA P&C Z REGULAR MEETING JUNE IS,2014 Qnmtn NPMN°nm.wa 7. Wetland° Filling end drainage of water bodies, Boodways. backshorea ar natural wetlands shall be consistent with ACMP Standard°8 MC 80.070(Energy Facilities)and 8 MC 80.180(Habltate), Consistent Not applicable. This action does not Involve filling or draining of water bodies, Boodways, backahores or natural wetlands. COMMENTS This request Is intended to establish a conditionally permitted use— a warehouse—on a proposed lot that le located in both the B—Business and R2- Two-Family Residential Zoning Districts. The proposed location of the structure on the lot would place the structure In the B—Business Zoning Dbfhtct. however,due to a subdivision request that Is concurrently pending before the Commission,scans to this lot would be across a portion of land In the R2—Two-Family ResdentialZoning District Staff notes that this warehouse development will eventually result in commercial treble along Island Lake Road and Cove Drive which could negatively impact road conditions for surrounding residential properties. Tb address this concern. staff suggests the driveway location for this site be limited to the corner of proposed Lot SI-B closest to the Intersection of Cave Drive and Island Lake Road. In this way,commercial traffic will be diverted from the Shabaika Acres Subdivision to the extent feasible. Ground cover and Bghung issues are addressed In the performance standards for the B—Business Zoning District and will not be further eaplamed in this report. These performance standards require the review end approval of a screening plan by the Planning and Zoning Commission. In order to meet this requirement the applicant has proposed a twenty(20)foot buffer ship along the property line contiguous with Sbahaha Acres Subdivision. Staff notes that buffer strips (and greenbelts) are not defined In Borough Code. Staff has referenced a definition of a Buffer Strip sir Follows: Land ares used to visibly separate orause from another,or to shield or block noise, lights, or other nuisances, (The Illustrated Book of Development Definitions by Moskowitz,Lindbloom,19811 Pogo tote Psatlg1a1)51 Case No.14-014 Supplemenlal Appendie Page 10e of 150 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 154 of 369 AGENDA ITEM #9-A. PUBLIC NEA.„f ITEM IA P&/ZZRREGULAR MEETING JUNE I9,1014 1✓ 0 Pusan MARINO ma Vb Staff has vialted 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 incompatible uses. For this reason, staff recommends that a sight obscuring screen be provided and maintained to a minimum height of six (81 feet In addition to the buffer strip. This an be a combination of fencing, earthen berm, or vegetation provided this minimum standard Is maintained. Staff also recommends that the buffer strip and screening requirement be required along the Cove Drive lot line where the land Is actually In the 10,-- Ttw-Family Residential Zoning District This would Improve the aesthetics of the site for Moat passing into the Enahefm Acres Subdivision and screen the site from residential lots across the sheet The dimensions of the proposed warehouse will be about sixty by one hundred shay(80 x 1801 feet (See attached site plan) A lot size of 47.366 square appears tote adequate for this type of development. Based on a review of the ate plan,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 limited to a lot zoned for commerelsl uses as well,staff recommends that the parking and loading areas for this warehouse be located outside of the R2--Two-Famty Residential Zoning District portion of Lot SI-B until such time as the split lot zoning Issue is resolved for this lot FIN ING8 OF FACT 1. That the conditional use will=serve the value. eolrit character wig Intemitv of tM1e a oundl ghat It appears that the proposed use will preserve the value,spirit character, and Integrity of the surrounding area A sixty by one-hundred sixty LBO x 180) foot warehouse building on a 47,988 square foot lot will not be detrimental to the surrounding properties if appropriate conditions of approval are required to address the screening, traffic and zoning concerns related to this lot. Staff notes that the stating outdoor stomp Is probably more detrimental than the proposed new warthouse. The new warehouse,if it te used to get some of the eldatlng outdoor storage in the community indoors,would be an amenity to the whole area. Nee el AL Pylels ee L,Mg LS.rine Cave No.14-014 Supplemental appendix Page 009 of 110 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 155 of 369 AGENDA ITEM #9A. PUBLIC NEA, ITEM 7A P&ZZ PEGULA MEETING JUNE 10,2014 0 0 Want KILARINO lOni no The use of this property for a warehouse use will not be detrimental to the future development of this area. This Is evidenced by the existing commercial/industrial use already located on the trite. 2. That the conditional use fulfills all other requirements of this chanter urr nlnlne to the conditional nee In mreation 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 17.21.0501 of the B—Business Zoning District during the zoning compliance and building permit processes will Insure that this conditional use fulfills other requirements of the district oencermng ground cover and lighting Issues. S. lbateranting the conditional use nermit will not he harmful to the nubile health.safety.eonveilenee end comfort 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 willensure protection of the public health end safety. In addition,bemuse 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—Business Zoning District The warehouse in this ease is intended for permitted bushy-as uses only, Industrial land uses would onty he allowed upon the review and approval of an eacepaon by the Planning and Zoning Commission. Staff recommends a condition of approval to make this point dear,and to act ea a reminder to staff when future zoning compliance permits are being reviewed. It can be argued that a warehouse can potentially detract Sem the public convenience and comfort B there are residential land Ma 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 Shahalka Ames Subdivision. Cp.alfae %go of PS z law 10,IOC Case No.11011a Supplemental AppeMh Page Im of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 156 of 369 AGENDA ITEM #9.A. OPUBLIC HELD ITEM 75 P 82 REGULAR MEETING JUNE 112 2014 0 l..' roma/MG=mama 4. 1.: -11 _. i_ a provided to meet the conditions listed In subsection A through C of Wg MEWL The 47,368 square foot alte contains sufficient 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 Planning and Zoning Commission to be sufficient for that purpose. RECOMMENDATION Staff fords that this request ghee meet all the conditions necessary for a conditional use penult to be granted under Chapter 17.67 (Conditional Use Permits)of the Borough Code. APPROPRIATE MOTION CONDITIONAL USE PERMIT Should the Commission agree with the staff recommendation,the appropriate motion le: Move to grant a conditional use permit in accordance with Section 17.21.030E (Conditional Uses) of the Borough Code to permit a 80'X 160'warehouse on Tract S-I,V.S.Survey 3218;subject to the conditions of approval contained In the staff report dated May 2, 1991,and to adopt the findings contained In the staff report dated May 2.1891 as"Findings of Fact'for this rase- CONDITIONS OF APPROVAL 1. Conditional uses listed under Section 17.24.020(Conditional Uses) of the 1—Industrial Zoning District of the Borough Code are specifically prohibited unless an ameption baa been requested from and approved by the Planning and Zoning Commission. 2. Traffic access to proposed tot SI-B will be limited to the corner of the lot closest to the Intereecmon of Cove Drive and Island Lake Road. C oRr-074 Page/4R Paz Kg 16.1s91 Cage No.14 010 Suppkmenlal PpoendR,Page III of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 157 of 369 AGENDA ITEM #9.A. OPUBLIC HEPITEM]A P 8 Z REGULAR MEETING JUNE 13,3014 OO NUM MARINO IIID,wu APPROPRIATE MOTION SCREENING Move to approve a screening plan consisting of a twenty(20)foot buffer strip along the front and side lot line of proposed Lot Si-B. U.S.Sunray 3218,augmented by the provision.Hand maintenance of at least six(e)feet(above/Web grade)of eight 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 iraf8cways, 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. MMMINN°OP FACT-SCREENING 1. A twenty(20)foot buffer ship las defined in the staff report dated May 2.1991 for this case)augmented by sight obscuring fencing earth berme.vegetation or combinations thereof to a height of six (8)feet.will be adequate to'screen'a commercial warehouse from neighboring residential uses, zones and trufcways. thereby preventing adverse Impacts to the surrounding area. rs wma hFsJP PaL Eq le.loin Case Na.14-014 Supplemental Appends Page 112 o1160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 158 of 369 AGENDA ITEM #9.A. OPUBLIC HEAD ITEM 7,4 P 8 Z REGULAR MEETING JUNE 18,2014 -4R Pose)\WAC6.HDSSE t.a2a4c± • S-IB LL•S.S 3218 419/91 • erratdrefkeefte. Co-1Dr posdAlP,a,�r • OSE. E.AIZ *PIP S. asJ— 1 • Z^CnVE L./G-.. -,s_— Access Drive I.acetiun Recommended by Staff -- 205.42' / jf I� Additions] BuE c-SytS -^J "T- Recommended by Staff / / Y Q-Z 3od6. / 8 /� ',9 / a1 , / 0- // / in nio Lei litter--,l a m •.N • 1]JSI0-146s i N "La 14C,_ / 4 . f m1 o 41 3D � ;sl!yxe : i lA / Augment and maintain lllCt I pa buffer strip with 1'' / fencing, berm, Vegeta- tion, etc. so Nat ,r,Ls�. / it m sight obscuring -• 1 / to a height of six et. (As opoosed to / natural vegetation whit B ' 149.9' - Lln oaY be inconsistent and chgnge over time) {e.rSL 1'e al Cox No 14 Supplemental Appendix Page 113 oZ 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 159 of 369 AGENDA ITEM #9.A. l GPUBLIC NEOrtFM]P p 8 2 REGULAR MEETING JUNE 18,3014 O 0 t m W QN LJ LJ Z n ¢ Li- J I Vl uJN ~o ti vi C M 2 Z 0 W y U X x J r w 4i- Dzo L1 -J Cl- SU- ., a �, 3®�4aLya -4:. 11, il.140k q Id0o ° ti11 nei et -1:ii, p 16,*. .,.:.AA,�,��ef 1 imisinaa Ute s' Illittall Case No.14.014 supplemental Appendix Page 114 or 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 160 of 369 AGENDA ITEM #9.A. PUBLIC NEA...4.ITEM 7A P 8 2 REGULAR MEETING NNE 18,2010 Kodiak Island Borough �{W " 710M BAY ROAD e.'. • I '��,+ WomAR.ALASKA mis•aY1 PHONE CM)alt.sne ry April 30,1991 Michael Brecben Breckm Enterprises.Inc. 2705 M18 Bay Road Kodiak,Alaska 99815 RE: Casa 91-024. Request for a conditional use permit In accordance with Section 1721.0306(Conditional Uses)of the Borough Code to permit a 80'if 180 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 lots adjoining the commercial/Industrial/residential lot. Tract SI. U.B. Survey 9218 (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 Commleelan 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(1121).the Commfedon will hold a workstation to review the packet material for the regular meeting. You are Invited to attend this worlaesslon in order to respond to any questions the Commledm may have regarding this request. If you have any questions.please call the Community Development Department at 488-5739 extension 255. Sincerely. Eileen Probasco.Secretary Community Development Department cc Barry Still.Brecher Enterprises,Inc. Gee No."014 50P01441,4 nlal Appeodlo P411115 81160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 161 of 369 AGENDA ITEM #9.A. OPUeOc HE< )ITEM 1a P&S REGULAR MEETING JUNE 18 2014 .: e a1.. , � cGl3 �e1 I. r5-71:e4 C.. :.;.,.., ThpD,e1D WiAM.14tTOSC. LOO TgIO' l LOT s- %S /x/19/91 ;;.,:� u.s.s -32,113 1.51 • •`j Fbe_ Coh1DrrioJa _ ,•JI, 05E. MI� &Urn& GRE=EJ1 1. 04 I:TT.ITEMNI Nisei t: ._ 20542' -P;T.' t iZ-2. DIEL , Yl V nil.. CL No Ler Little.- - 1 ;n P. .WtJrN `jJ51n.E55 N 1 I 7—Oh1G LL 11.7 ro A ;I 91oi s 41. l,e. 1 +29r 49.91. `111I Scci.a t"=a? Case No.14.014 supplemental Append,Page 116 of160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 162 of 369 AGENDA ITEM #9.A. QPUBLIC KA,.ITEM IA P&22TA REGUP MEETING IU NE 18.2014 KOa�IAS ISLAND HOROUJR COMMUNITY DEVELOPMENT DEPARTMENT no Mm Ray Road.Ifudtak.Maim 00018 Public Reeang Item VI-0 PUBLIC HEARING NOTICE A public heeling wen be held on Wednesday,May 18, 1991. Tlx meeting will begin at 7:50 pm In the Romu®1 A eemby Chambray 710 MAI Ray Arad,Kodiak Nubs. befert the Kodiak bland Bomugh Planning and Zang Cantansat 311,to hem®cele.K any.on the fbDvwbg muco Casa 01-024. Request far a cavdltban use permit In a®dance with Seethes 1721.050E ICondnmml Devi of the Borough Code to permit a SOX lea wndmae on a rominvcda2 bL esti to robs a aaemlvg plan comleting of a It 12L$foot buff=ahtp/gtmbeft between Iha atrehouse and eeldeatel lob adlomhg the /bdus sJ/mWedW lot Tract SI.U.S.Survy 32131179 1ebnd lake Road)Hmrban Enterprises.mrt lfyou do not wish to adyverbally,you nlq print&your v®vna to the apers Silos,or In a letter in the cetemunny Development Department Rd=to the meeting. norms I.woe m mites tame our swat wllab To in a fl.b earerin the.m aka tiger. Ifyou have any questions about the tequsL please feel use to tall us at 4886758. mean 255. Yam Nene _I_a ass—I T.a mom,vrladr tammoobl Case N0.14.014 Supplemental Apper46 Pep III 01160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 163 of 369 AGENDA ITEM #9.A. 0 ./ puiriC HU,DOW]A P&Z REGULAR MEETING JUNE 18.2014 `'KODIAK 18IAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT . valga MY Nla.iLL01Ew.M 0WUJANN M111434&Ibn VHS 11.•*pilaf an S.M.I limn anted.1 M.Ink N/Nn ISMR%^M.'ints rioted W l...a. * oral Wane Ne e.Sm el.M wbSekn.l..IklXn !�' ICFCHA Applicant Mlarmellan PMpMvoMMl.n�m: EJ GkS-rf4/"J"RtfEf Hcowman .laSc— PnsPvmg enedtreee: Z705 Mrw Ryy VnatD fly: KoDW� aw: ALAS.L,4 J7 : mi+S Mane Male: wan proles: 48&3Z15-` 1l eppneehx.Apae'e enM: IA‘0146‘C.eiPK4Aw1/66¢21.1 ,. i I1-L_ APeM.its eddies: P725 MFN.- A 2'AD 1 CeT: k &T.x:A1.ASt-.4 20: 994o/5- Home 9//SHone Mora:494,-.537.0 ones prone: 4-84-324.5— sporty Inlotintlan Legalo.eapba Li,1 SS-I LL.ss. 3Z1e, Present use N paparl}: 1-434-h iUec s Prepaid use el popsM: N/aFFk sf Applicant Certification 1 s.gks_.MN.ewt bow w...wkw.l to pean xStull.t.u..evil.,4 has.snds w.r Awwhetl n4-# daeil Wynn M1 ^epML1V.Mn//�au�n�' //�i✓// STAFF USE ONLY ConBM6bnlal M.cMed: Ii 21-0 3D CWIdfriw..Y LLSec y Carmbn&the Penia — Pmpllan Vflaa Tex le eedn der 1H.al.na .a at a021H.ae®e Tenn;Siena horn to r AppeaWM.¢epxd: A(la fire ' exll I)ble Case Na.14014 Supplemental Append".Page 118 of'60 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 164 of 369 AGENDA ITEM #9.A. SPUBLIC-O_, 2014 \ \ »a �I� »JU" Th@ayr=o YJACEMCg-n= 77c4 / s ` ®.S e 4/19/91 \ Cat-lE) i-totemIT _� { \ ova. vE ms4 AzIzgma. 2 \ awe /�L Li-• rn . /#� . / a Co \ & � to § } 7 ! L � » k \ /;3 .*[ � f- \ 1Liu 49 2 Coe No 14 014 Supplemental Append's page lag el 160 Ordinance N= om 2015-0 4a ending the 2008 Comprehensive Land . e 165 of 369 AGENDA ITEM #9.A. 0 PUBLIC RING ITEM 7A T- P 8(Z REGULAR MEETING JUNE 18,2014 • • ° Kodiak Island Borough r 710 ROLL RAY ROAD 'R h KODIAK,ALASKA 916154340s, . .:i. 2 • PHONE(907)414•5736 y "jg May 16,1991 lr. r S Michael Brechan Brechan Enterprises.Inc. 2705 MIK Bay Road Kodiak,Alaska 99615 RE: 'c.=C,nwi 891;015']Request for the subdivision of Tract S1.U.S. Survey 3218,&tilt ng Lots SIA and SIB,U.S.Survey 3218. 173 Island Lake Road Dear Mr.Brechan: The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 15, 1991. panted preliminary approval to the request cited above, subject to the following conditions Un addition to the requirements of Chapter 16.50(ffinal Plat)of the Borough Coder: 1. No further subdivision of Lots SI-A and 51-B, U.S. Survey 3218. to permitted until each lot baa 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 wrgIga notice of appeal with the Borough Clerk within ten 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 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 shall be effective for twenty-four(24) months from the date of approval. After this time,the preliminary plat shall become null and void unless an extension of time 1s granted by the Commlaelnn 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 MC 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 166 of 369 • AGENDA ITEM #9.A. 0 PUBL FARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 - Ir Kodiak Island Borough Brechan Enterprises,Inc. May 16, 1991 Page No 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 exists at the City operated wastewater treatment facility. This certification goes beyond the scope of preliminary subdivision approval granted lry'the Borough Planning and Zoning Commission. therefore, inability to obtain this certification may result In delays in the.final subdivision approval process..Please see enclosed letters from Gary Bloomqulst,Kodiak City Manager for further information. The Commission 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 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 is generally consistent with adopted 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, c. � Eileen Probasco.Secretary Community Development Department enclosure: 16 AAC 72.065 cc: Barry Still,Br'ecban Enterprises,Inc. HI3S213218 Case No.14-014 Supplemental Appendix Page 121 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 167 of 369 AGENDA ITEM #9.A. c0 PUBLIC': REM 7A P&22 REGULAR MEETING JUNE 18,2014 • a C1 The motion was seconded and CARRIED by unanimous roll call vote. I1) Case 581.015 x Request for the subdivision of Tract SI,U.S. Survey sill, creathlg Lots Slit and 518, U.S. Survey 3218. 173 Island Lake Road. DUANE DVORAK indicated 45 public hearing notices were mailed for this case and none (0) 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 ASPOREN MOVED TO GRANT preliminary approval of the subdivision of Tract Sl, U.S. Survey 3218, creating Lots SI-A and 51-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 SI-A and Sl-B, U.S. Survey 3218,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 RZ MSUG,May 15.1001 Age 25 of 32 Case No.14-014 Supplemental Appendix Page 122 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 166 of 369 AGENDA ITEM #9.A. • PURL[JFARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 /:`) 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 besent a copy of the letter dated April 13, 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 unanivlous roll Call vote. N) Casa 891-016. 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,1809 Mallard Way). DUANE DVORAK indicated 24 public hearing notices were mailed for this case and one ill was received opposing this request. Staff recommended approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HARTT MOVED TO GRANT preliminary approval of the subdivision of Lot 4, Block 9, Miller 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 KIBS213220 • P&Z Mlnoteo May 15,11191 Page 15 alit Case No.14-014 Supplemental Appendix Page 123 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 169 of 369 AGENDA ITEM #9.A. C) PUBLII ARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 0w1 C j CAVG ° •° . �;> Kodiak Island Borough • 4�` )ID MILL BAY ROAD �•. . }` KODIAK,ALASKA 1%15•63100 ,pill1q- .`. ti , ree" h. PHONE(107)454731 1i � '4 Tyr ``, 7. TO: PRSf�YARY PLAT REVIEWING AGENCIES C ��qq�pD 4 Alaska Department of Environmental Conservation ire_ `t1mSe� Alaska Department of Transportation/Public FRCIIIOes � 4Siry Cablevision City of Kodiak Public Works Department Fire Protection Al Board of Supervisors .Sodlek Island Bur gh Enginneering and_ iet lttee•Depaitment Kodiak Electric Association Engineering Department Service District 61 Board of Supervisors Telephone U ties of the Northland.Inc. FROM: rim ty Development Department Secretary DATE: April 22.1991 RE: Case 1391-016. Request for Subdivision of Tract Sl, U.S. Survey 3218, creating lots SDA and SDH, U.S. Survey 3218, (Grethen Enterprises) 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 May 15, 1991 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. We would appreciate your review and comment regarding this prop sed 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 workaeasllon to review the packet materiel for the regular meeting. Therefore,we will need to receive your comments no later than 6:00 p.m. on Friday, May 8, 1991, In order for your comments, suggestions, or requests to be considered by staff and discussed at the packet review worluessioo. If we do not receive a written response from you by May 9, 1991, we will conclude that you have no requests or suggestions. Our FAX number, should you wish to use It, Is 486-2886. If you have any questions, please call the Community Development Department at 486-5796,extension 255. KB5213221 Case No.14-014 Supplemental Appendix Page 124 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 170 of 369 AGENDA ITEM #9.A. aPUBDEARING ITEM 7A P&r2 REGULAR MEETING 1UNE 18,2014 • PUBLIC HEARING ITEM VI-M Kodiak Island Borough MEMORANDUM DATE: May 7, 1991 TO: Planning and Zoning Commission FROM: Community Development Departmentp5 SUBJ: Information for the May 15, 1991 Commission Meeting CASE: 691-015 APPLICANT. Brechan Enterprises _ REQUEST: Subdivision of Tract 51, U.S. Survey 9218, creating Tracts S1A and S1B,U.S.Survey 3218. LOCATION:Tract Si.U.S.Survey 3218(179 Island lake Road) ZONING: B—Business.I—Industrial.R2--Tho-family Residential Forty-five(45)public hearing notices were mailed on May 2, 1991. Date of site visit: May 7, 1991 1. Minimum lot size: B--Business-None, R2--Two-Family Residential-7,200 square feet Compliance: Yes 2. Minimum lot width: B—Business-None, R2--Two-Family Residential-80 feet Compliance: Yes 3. Eldsting land uses: Outdoor Storage Compliance: Yes 4. EGdating structures)on the property: None Compliance with setbacks: Not Applicable 131135213222 Case 901-015 Page I di F&Z taw 15.19a1 Case No.14-014 Supplemental Appendix Page 125 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 171 of 369 AGENDA ITEM #9.A. CJPUBLIL_LARING ITEM 7A P&ZZ`REGULAR MEETINGIU NE 18,2014 C) PUBLIC MAR=RFA/V1.M Compliance with other zoning regulations: Yea Encroachments: No 5. Topography Provides good building sites: Yes . Provides good parking areas: Yes Allows driveway construction to meet maximum 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 access from a safety standpoint (e.g.,road gades,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 in Shahaika 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 9218 is currently zoned and used for 1--Industrial activities. K1BS213223 Cue h910115 Pas t of PBZ May 15,1891 Case No.14-014 Supplemental Appendix Page 126 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 172 of 369 AGENDA ITEM #9.A. • CJ PUBb.1)EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 GO PUBLIC MARINO Min V1.M Double frontage lots shall not access onto designated collector or arterial streets unless topography allows no reasonable alternative: Not Applicable Flag lots? 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 Plat Restrictions: No Compliance: Not Applicable 8. Coastal Management Applicable Policies: Business Development, 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams. tldetlats 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. K1BS213224 Came 801-0115 Page 017 PQ V.Noy II.1001 Case No.14.014 Supplemental Appendix Page 127 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 173 of 369 AGENDA ITEM #9.A. 0 PUBLIO.ARING ITEM 7A • `^' P&22 REGULAR MEETING JUNE 18,2014 `�+' 0 PUBLIC MARINO REM VIM 2. Natural Lialung.AttliaLY.Ingthathrsma 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: Yea, This site Is not located along the shoreline or in an area of high scenic value. 8. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80,040(Coastal Development)and 6 Ake 80.110(Mineral and Mining Proeessing). Dredge spoil may be utilized in shoreslde 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. littler zone@ Buffer zones shall be established to the extent feasible and prudent,between business areas and major public transportation mutes and between trustless development and adjacent, non- business properties In order to minimize conflicts between land Uses. 10E8213225 One 501-015 Par or P&L Maw II,MI Case No.14-014 Supplemental Appendix Page 128 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 174 of 369 AGENDA ITEM #9.A. PUBL��,�,kn^ EAflING ITEM 7A P&(ZREGULAR MEETING JUNE 18,2014 ZR OV' PUBLIC NEARDII°t1Eav4M Consistent Yes. Screening will be required as appropriate under the applicable Borough Codes,addressing commercial land uses sad associated parking when adjacent to residential uses or zones and transportation routes. 6. Arsessory 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 feastble and prudent inland alternative. this category Includes parking,warehousing,open air storage,waste storage, treatment or storm runoff control facilities of utilities. Consistent Yes. Subdivision of this tract will facilitate the future development of this site for accessory uses as outdoor storage and proposed warehousing. 7. Wetlands Filling and drainage of water bodies, Roadways, backshores or natural wetlands shall be consistent with ACM?Standards 6 AAC 80.070(Energy Facilities)and 6 AAC 80.190(Habitats). Consistent Not Applicable. This request does not involve filling or draining of water bodies, fioodways, beach stones or natural wetlands. COMMENTS The purpose of this subdivision is to create two lots from one larger tract in order to develop a proposed warehouse on Lot Sl-B. The interesting thing about this,tract Is the fact that a previous subdivision and rezone request resulted in-a spit lot zoning condition when the rezone'was.approved by the Assembly but the subdivision was never finalized.- - A conditional use permit request Is pending before the Commission which should address the specific concerns associated with the development of a K1BS213226 Cine 601-016 Put cf7 P&r'Mq IS.101 Case No.14-014 Supplemental Appendix Page 129 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 175 of 369 AGENDA ITEM #9.A. C7PUBLIO...�ABING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 WPM Fff.LalNO ITEM Y4M warehouse on Lot Sl-B. Staff recommends that a rezone of the two tracts to appropriated zoning classifications be undertaken before any further subdivisions are approved for-this property. Staff believes that the previous zoning change was In error due to the resulting split lot zoning. Staff believes that this area will ultimately be addressed by the Commission as It reviews the Kodiak Urban Area Comprehensive Plan and that the new plan designation will provide guidance as to the most appropriate classification of the land. If a rezone is required in the interim, staff will review the request in light of the current comprehensive plan designation.adopted to 1968,which indicates this tract for Medium Family Residential development Comments relating to this case were received from the City of Kodiak Public Works(see attached memorandum). Staff notes that a drainage culvert Is located along the proposed lot line on the East side of Lot 51-B which provides drainage for the nearby Shahalka Acres Subdivision. As long as the culvert is not disturbed, the KIB Engineering and Facilities has no concern. If the culvert is disturbed during site development a review of alternative drainage plans Is suggested. Approval of this plat by the Kodiak Island Borough does not necessarily mean that development of the property complies with State and Federal regulations which may also be applicable. Should the Commission grant preliminary approval to this request, staff suggests the Commission adopt the following findings of fact In support of the decision. FINDINGS OF FACT 1. This plat 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. Tills plat Is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. y18S21322T Cue 501.016 Pyre er7 Pent My 18,Mel Case No.14014 Supplemental Appendix Page 130 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 176 of 369 AGENDA ITEM #9.A. CPUBL...AEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 V 0 PUBLIC NEARING n8M 1/1-M RECOMMENDATION Staff recommends approval of this request subject to a condition of approval. APPROPRIATE MOTION Move to grant preliminary approval of the subdivision of Tract Si. U.S. Survey 9218, creating Lots 51-A and Sl-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. CONDMON OF APPROVAL 1. No further subdivision of Lots 51-A and Sl-B, U.S. Survey 9218, is permitted until each lot has been rezoned to a single, appropriate zoning district. KIBS213228 Coss 5al-016 Page 7el] P&Z:May10.1901 Case No,14-014 Supplemental Appendix Page 131 of 180 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 177 of 369 AGENDA ITEM #9.A. t> 0 • 09110 ZET°lied xpuaddv IeluawaiddnS no-tit'ON a SOD T \ �Oo , I I Oa, e• s og I I I ! PI i I n N vY ' j 11 Ii i f v) Ptil 1 ! 9 BP 9 � f 1111d Y I • Yy J i �� ,ii ill I';1 i! sC9gl ('y�a Pet' I SSudJ N 6 `I eitO ref f- N \ N Nh \4 \ \ p ,r.,‘ \ 3 ) � lO `t \• '• . J uPfJ .i . ` � ase ate\ +fir 0 ` se N / O. n IP Wy_ @' f` wP o- m4 _ r ~ --. ».. e. o . N I R a • a a a sf a y 6 6-L. 6.5 a,3, 0 0 OTOZ'Ut 3Nflf 9NI133 W eV1f193U Z 9 d VC W31I 9NIUv3H Dllofld Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 178 of 369 AGENDA ITEM #9.A. -,) PUBL EARI NG ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 :;9:v: :•isle::•: • . : 9 "•' • .:;N. . `: j.,. .. ...3.•:.: :.:•: E>- �:::•. "r .: C S ''i • y. : , t fiir: . • .•. i•ir ' •i4: :} . ' • .•' :. :: otg? P ...!....1O;./4....:: ..-'•'K`• ��V 5 5 219 44 tfigca• ,;:a A:':J '':. •:. \rte y�%-/ -\j\\j•\i t5 \'e. ' } .. '. •-a .�' `r ii\%�:)�'I r:\r:,r.1' �'ta1i:\E`'A�7,'ip�2.@l '{�'a,��ie . .. e s '.f,4 5- \,_`,S :: .Illustrates the split-lot zoning ,.° q i' ;,:i .`.P,\ \; �s.iiiii resulting from the uncompleted k /'grA : -'Ike y• -t'f- • �G subdiv�pision o- :. :1-4.t..“ ::..:.:; P O P 414,: ...•0P :a10..' •; tli i,t` € p{ Trac• 5-I j U.S. SwtAtS11g r : .00i. y bv-din+nw 86-3 -O ��.onI •.fit ..0"ft .•. .;:Iiau-.:rr r: - ::r.:': ,::: • •,.... to ..,:Witcit‘tg.X.kies".ilit Lor TWo001 of S.'.:Y::6:• 4eNC7:A•Q'�* ♦ .... 94 • %;Y.cr4+ i' s :4.' qq is _� t ,.k.� p P. 4 . xtus213230 .'a� �P �,e,fi,e`, a + .......... .......+ , ' : .. ' rS.. 4.4. S`rr� f s .'� ... .o . 4 . 3 : � : .. . ._ . . : ., , Case N 14 014 Supplemental Appends Page 133 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 179 of 369 AGENDA ITEM #9.A. 11� `_J PUBLIC_.ARING ITEM 7A (( P&Z REGULAR MEETING JUNE 18,2014 l ' CJ C-3CZ� 411, WELTER Matt GOVERNOR DEPARTMENT OF TRANSPORTATION AND PUBUC FACILITIES 4111AYIAnON AVENUE P.O.lax / ANCHORAGE.AIAAG"5!P4,00CENIRAI REGION-FUNNING I (ISLE;(X113) WE 261442 Hay 8, 1991 AEI Kodiak Plats Patricia Bads Community Development Department Kodiak Island Borough 710 Hill Say Road Kodiak, AK 99615-6340 Dear Hs. Bade, The Department of Transportation and Public Facilities has reviewed the following preliminary plate as requested by your office. We have no comments on these plats. 8-91-014 Subdivision of Lot 6, Block 1, Hiller Point Subd. S-91,016 ,Subdivision-of Lot C,_Block 9, Hiller Point Subd. '841-015. Subdivision of Tract s=r, U.8.S. 3218 5-91-013 Perez Estates Subdivision - Thank you for the opportunity to review and comment on these preliminary plate. � ///'�J p r/I<Lii • ygJeff Landes Southwest Area Planner Idle 1QBS213231 RECEIVED MAY 1 0 TM CONNCNITY DEVELOPHEBI DEPT Case No.14-014 Supplemental Appendix Page 134 at 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 180 of 369 AGENDA ITEM #9.A. • PUBL..9EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Kodiak Island Borough KENO APDL 25, 1991 TO: COMMUNITY DEVELOPMENT FR: ENGINEERING/FACILITIES fl — REI CASE S91-015 ENGINEERING/FACILITIES WOULD LIKE TO REVIEW ANY DRAINAGE PLANS AVAILABLE FOR THE PROPOSED DEVELOPMENT IF THE 24" CMP ON THE EAST PROPOSED LOT LINE OF LOT 5-1B IS DISTTURBED. RECRvEri APR 25 1991 COMMUNITY DEVELOPMENT DEPT K1BS213232 Case No.14-014 Supplemental Appendix Page 135 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 181 of 369 AGENDA ITEM #9.A. OPUBO(:.ARING ITEM 7A P&1 REGULAR MEETING JUNE 18,2014 • C; a Telephone Utilities of Alaska,Inc. Telephone Utilities of the Northland,Inc Pacthe telecom.Ice Companies 3410 Aru c SoNWva Arc, 'aAn,Alasha 99503 Telephone April 30, 1991 19071 552.1231 Eileen Probasco,Community Development Department Secretary Kodiak Island Borough 710 Mill Bay Road Kodiak,Alaska 99615-6340 RE: Case 591-013 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 SIA 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. William J.Hansen Senior OSP Engineer KIBS213233 WJH:po cc: file RECEIVED MAY 61991 COMMUNITY DEVELOPMEN9 DEPT Case No.14-014 Supplemental Appendix Page 136 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 182 of 369 • 69E40 E9t. abed puer anisuaualdwoo 8002 aye Gwpuewy 40-9LOZAi 'oN aoueuiplo PUBLIC HEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 0 0 -I I• •_ I A. • I I2. f I I ; J I s 6 '30 `E 462.00 !I I ' i 7359 2010:.180 II ! • 14. 1x I 1 � � / `n LI--!. " C L �^ _i t LI--- 1 . am ..... � �1m I I 'N.- --- ____J;'. 'td�.'i�' 1/4-- 131 I' 1 'P I. !' rf 0 W I p l � i / N � �' I ] , i 1 r _ix,i wlp /t� NI J I _�i C\ (/ f Case No.14014 Supplemental Appendix Page 137 of 160 0 C1 'V'6# W311 VGN3OV AGENDA ITEM #9.A. (v) PUBLIe--ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 0 C MEMORANDUM TO: Eileen Probasco, Community Development Secretary FROM: Matt Holmstrom, City Engineart/e6 SUBJECT: CASE 891-015 Request for Subdivision of Tract Si, USS 3218, creating Late 81A S 818, USS 3218 (Brecban Ent) DATE: April 26, 1991 Please be advised that the City hes reviewed the subject plat and would like to request that you show the existing water location for proposed Lot 818. ak 04 Df KB3S213235 Case No.14-014 Supplemental Appendix Page 138 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 184 of 369 AGENDA ITEM #9.A. PUBL.-NEARING ITEM 7A r P&Z REGULAR MEETING JUNE 18,2014 l Q • p Kodiak Island Borough • R 710 MIL BAY ROAD �� ° °• �• KODIAK.ALASKA 996Is•6110 • .:.a PHONE(907)411.6731 tit 'tom April 30, 1991 Michael Brechan Brechan Enterprises,Inc. 2705 Mill Bay Road Kodiak,Alaska 99615 RE: Case 891-015 Request for the subdivision of Tract SI, U.S. Survey 3218,creating Lots SIA and SIB,U.S.Survey 9218. 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 7:90 pan.in the Borough Conference Room(#121).the Commission will hold a workseaalon to review the packet material for the regular meeting. You are invited to attend this worksession 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 486-5736,extension 255. Sincerely. cat_ pArkaoc,c Eileen Probasco,Secretary Community Development Department cc: Barry Still,Brechan Enterprises,Inc. KIR5213236 Case No.14-014 Supplemental Appendix Page 139 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 185 of 369 AGENDA ITEM #9.A. �..f PUBLIC...)ARING ITEM 7A P�&Z REGULAR MEETING/UNE 18,2014 HO IAH ISLAND BOROIC H COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bey Road,Kodiak,Alaska.99616 Public Hearing Item VI-M PUBLIC HEARING NOTICE A public hearing wW be held an Wednesday, May 15, 1991. The meeting will begin at 7sZ0 p.m.In the Bmnugh Assembly Chambeta,710 MIO Br'Road,Kodiak.Alaska, before the Kodiak Island Borough Planning and Zoning Commission.to hear comments,if any,on the following request Cue 681-015 Request for the subdivision of Tract Sl.U.S.Survey 3218.=eating Lots SIA and S18.U.S.Survey 9218. 173 Island Lake Road. Breehan Enterprises. If you do not wish to testify verbally,you may provide your comments m the space below.or in a letter to the Community Development Department grist to the meeting. The mel,being sent to you beaux cur rands Slob you are a prepay owner In Oa un of thee neat If you ban any questions about the request.please feel free to call us at 486.5736. edema=255. Tear Bus Mulling Mdnnr Year popsy&saptav: KIBS213237 Case No.14-014 Supplemental Appendix Page 140 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 186 of 369 AGENDA ITEM #9.A. -j PUBL.:AEARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 i • ...4.. L eRs- 'T` -t _ HOLLAND ACRES • / y ___ ._ .Let-5-IB. 'I `:;.. QeiA- /.I rr. \ I \ :ewer . t _- z I 1 / , ill1 / 1 / ) •V ' ;� t\ 11_;te '. - l . IDTs-IA/ (\\ i \ ' : r`� j.�+M /- lII b' . 1I / r / 1i 1. I::, \� ,I , ' zit 1I I / /AId . TRACT • /4 S-a / , /1 /L II ` / di/ NOW 17M4s. LON Da r /,?I COEN ATM1186041$4wuwr , i w-,/'tbroGRnt• `tYE[uINEY , �/;i i/ eryaV5Lzt8 tcsBg21323B r ll, 59\-0+5 Case No.10 014 Supplemental Appendix Page 141 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 187 of 369 4. AGENDA ITEM #9.A. • PUBLII.CARING ITEM 7A ' (''� P&('Z REGULAR MEETING JUNE 18,2014 Q `J C. Kodiak Island Borough co Ap /kt iry 4:6,o9y9a TD: &MS r' ISP Kodiak Is Borough Engineering and Facilities Department *4 FROM: sen b m, ty Development Department Secretary DATE: April 18, 1991 '. RE: Plat review for completeness/Brechan Enterprises The Kodiak Island Borough Community Development Department has received the enclosed plat We need your comments on the"completeness" of the plat within three(8)days of the date of this letter, as we only have five 15) days to review the plat for completeness under the code. Ifwe do not receive a response from you by this date,we will conclude that you consider the plat complete for the purpose of further processing. Your comments should be directed to Duane Dvorak,Associate Planner. COMMENTS: ° -(e.xl..h Klx7 gr.x>.vaau 4 G n.4"4rn Pb QKw.& rl4eer ),cr.the .a tL r Taon,a- AT REqu,rot .$r Can /6.(10.0(10. Wif snnAr-ne'.v(. 7o 4c.L.rge Stem- n+6Z/3hN.os 41 '�o k0 ins, 'rM..b , vac Ane4. +1 r A4.'x1 , c-ct&.e_ bn.(..Aoe ro.4n CP; Fp.xf /cannn,TGor.q -e....J JA,.p s>wr‘,..v,J 'rent x....7 ',Ir. 74 1..r../reetO .47Af"ar—.),lr/t b ....ct e r Pena.lra i/iap.J rJra., Crn.l far GICs nrmlrrb. ,'Cf nervab44n-vcl ear nee. 110 SE i br<nr&D sU M/1/fa ter[p„Fd. `` /4 d T Y rFc‘t V—/7—P7 KIDS213239 eggned: Name&Title Date: �'_`- .(ja-it-L di Milli t9 r1 Case No.14-014 Supplemental Appendix Page 142 of 160 s eJ Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 188 of 369 ;'s AGENDA ITEM #9.A. CDPUBDEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 . ' Kodiak Island Borough • ' A' 710 MILL BAY ROAD ,1 . ) (+ w• KODIAK,ALASKA 90615.6510 ' I' • PHONE(407)406.5734 TO: _�Y PLAT REVIEWING AGENCIES Alaska Department of Environmental Coneervatton Alaska Department of Transportation/Public Facilities Cablevision City of Kodiak Public Works Department Fire Protection 41 Board of Supervisors Kodiak Island Borough Engineering and Facilities Department Kodiak Electric Association Engineering Department Service District#1 Board of Supervisors Telephone U sties of the �NNort land,Inc. FROM: Com unity Development Department Secretary DATE: April 22. 1991 RE: Case 691-016. Request for Subdivision of Tract Si, U.S. Survey 9218, creating Lots SIA and SIB, U.S. Survey 9218. (Brechan Enterprises) 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 May 15, 1991 regular meeting. This meeting will begin at 7:30 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, May 8, 1991, at 7:90 p.m.in the Kodiak Island Borough Conference Room,the Commission will hold a worksesslon to review the packet.material for the regular meeting. Therefore,we will need to receive your comments no later than WOO p.m. on Friday, May 3, 1991, in order for your comments, suggestions, or requests to be considered by staff and discussed at the picket review workmen/don. If we do not receive a written response from you by May 3, 1991, we will conclude that you have no requests or suggestions. Our FAX number,should you wish to use it, is 486-2886. If you have any questions, please call the Community Development Department at 486-5736.extension 255. KIBS213251 Case No.14-014 Supplemental Appendix Page 143 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 189 of 369 AGENDA ITEM #9.A. PUBLIC DARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MIL BAY ROAD,NODVA,AW BNA O)615•(WO 4964736 ? A WA:/IINASRnMLIrBaa Iv paFJNrO CanntGROMSCEP1140 APPLICANT INFORMATION Appacenre name: t5tCECriMJ FAlrl.i? MA stifle-, IAI C Applicant's Ming address: Tits M t L 1-5A-9 -yawn • City: tc lull y4K. Slate: Pa at;V YC ZIP: 9 41.15 Home phone: Work phone: '-\ra(e- 3Z.1 H applicable,epenrskmveyofa deme:/11 IC4$C-L G 4A45,q?,e,..g7e Agenrskuswyor'e mafng address: 27125-0"214....oelef /SMO State:44-Ce-4 Mile /0/S- Home phone: 456-5-5293 Work plane: 4&-322J_S PROPERTY INFORMATION current Legal dssaiptlon: TtVcct .-\ n\` vSS "52..141 Wt - T7l_llc'r -7Z-S le.) C\1>_ \CC\OIy4\l. rettatn 11f 1:>1 cVtr\Ccr 1-J OIWIC Me _145\CYC Proposed del description: I Ors s- 1 P$ t}nl L1 S-113 u1 w het k— • STAFF USE ONLY Kpadr WRmm _mensonteum _Vaxheeatop A4Dimtel Apptbaton accepted egA eldi'> R 59 t—ors- 1QBS213252 Case No.14-014 Supplemental Appendix Page 144 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 190 of 369 AGENDA ITEM #9.A. iy-J PUOL'._.IEARING ITEM 7A P&1 REGULAR MEETING JUNE 18,2014 G , p e • as Kodiak Island Borough P41r A710 MILL BAY ROAD s.1 `j: I ��' . KODIAK,ONE(907)4 440 .5736 IaJy. - . Net January 27,1967 Mr.Michael C.Brectan,President Brechan Enterprises,Inc. P.O.Box 1275 Kodiak,Alaska 99615 Dear Mike: Subject:, Case No.5-86-011,Subdivision of Tract S-1,U.S.Survey 3218 Enclosed is a copy of the letter we received from the State Department of Transpor- tation lansportation and Public FaeWties id response to our request for their review and approval of your subdivision plana for Tract S-1: As you can sea,they pill not allow access to Island Lake Rood 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 an Enclosure cc: Horizon Land Surveying,Inc. KIDS17S006 Case No.14-014 Supplemental Appendix Page 145 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 191 of 369 AGENDA ITEM #9.A. C{ PUBLII('ARING ITEM 7A P&Z REGULAR MEETING JUNE 18.2014 ., .� .� tcc — SCOWPER.GOVERNOR DEPARTMENT OF TRANSPORTATION AND PUBLIC11 _\ TIM f FACIUTIES fpI AVIATION AVENUE • i P.a.SOS rots ANCHORAGE.A WRA/1SIR4100 CENTRAL REGION-PLANNING . ITIEERLmS? An/fit AUE January 16, 1987 RE: Kodiak Island Plats • 1 Mr. David Crowe �r�yl �V :a 1 r Engineering Department ; !1 Kodiak Island Borough JAN26 1987 710 Mill Bay Road Kodiak, Alaska 99615-6340 KCC:AK ISLAND BOROUGiI Dear Mr. Crowe: ENGINEER DEPAREGENT The Department of Transportation and Public Facilities has reviewed the following plat and has these convents: Brachan 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 problels. 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 reasonsable access to these parcels can be provided off of an internal subdivision road. Thank you for the opportunity to comment. Driveway permits and drainage channels should be reviewed by Bob Boyd, Kodiak Area Maintenance Supervisor. Sincerely, J orge Kadia /Bristol gay Area saner ldm cc: Bob Boyd, Maintenance 6 operations, Kodiak KI23175007 Pam Franger, Maintenance 6 0peations Rollan Fredrickson, Traffic E Safety Bel Kozlowski, cttManager Ed Mullcahy,, Project Manager. Reconnaissance '�-",,� gl /Q� g3O Case No,14014 Supplemental Appendix Page 146 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 192 of 369 AGENDA ITEM #9.A. PUB2...+1EAAING ITEM 7A P&Z REGULAR MEETING JUNE 18,2.014 0 0 ar� o aLa%Ea SIEVE COWRIE GOVERNOR DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES 4111 AVIATION AVENUE 1.0.ROS IRMO ANCHORAGE ALASKA MI f4900 CENTRAL REGION-FUNNING 011112$IRH I107/E1.140 January 16. 1987 RE: Kodiak IslaCCS`n��d/Plats Mr. David Crowe �50 n Engineering Department Kodiak Island Borough .0 JAN 261987 t" 710 Mill Bay Road Kodiak, Alaska 99615-6340 NODNKISLANDBDROUGH Dear Mr. Crowe: ENGINEERING DEPARTMENT The Department of Transportation and Public Facilities has reviewed the following plat and has these consents: Brechan Subdivision of Tract S-1, U.S. Survey 3218 The access road intersection with Island Lake Road must be located to provide optimum 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 fruit any lots in Blocks 1 and 2. We believe reasonsable access to thele parcels can be provided off of an internal subdivision road. Thank you for the opportunity to cosment. Driveway permits and drainage channels should be reviewed by Bob Boyd, Kodiak Area Maintenance Supervisor. Sincerely, Illradr � , J 'iliaI•�. Kodf- /Bristol .Of Area anner ld0 ICIBS175008 cc: Bob Boyd, Maintenance A Operations. Kodiak Pam Franger, Maintenance d Opeations Rollan Fredrickson, Traffic I Safety Bel Kozlowski, Right-of-Way Ed Mulcahy. Project Manager, Reconnaissance '. 'ildAou dam, 0 /9-41 330 � % Case No.14014 Supplemental Appendix Page 147 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 193 of 369 AGENDA ITEM #9.A. PUBLIC,CARING ITEM 7A `/' P&Z REGULAR MEETING JUNE 18,2014 (11 ``^� "That the treat yard setback for Lot IC 0411 he mtunl frees the tear Inc Ilia.of Lat 3D." 1. Place the fallowing ate ea the final place "Further subdivision of Lot 3C @hall not be allowed." A. trouble u¢llLty uutaaa tea fat either ale of the let linea corn to Leta ll sed IC,as Leta IC sod)D, es `I yryuuud by CIA; '17,1 1. Provide a signature line cad atery'e Acknowledgment for Cleft. Inc. pl to.S-t your brand react S!A..c(SeI.rb O.S. erprey 32.. 1t c. i1}' Ler1.t .atailS find tract YIA. (anew langrbo. lac.) f CIMft£SIDNLII iawft Satiated that this use had blue reeved 11 fro.rho impede, .0 I) "U Portion bdlvbatos of• Portiof Let 2. P.P. Survey fft`LkJ. 113# to 1 trash links PointPoint generally loused et ; hue.of INrlu 8L11,Pomen h• (talag. la.) 1N1I • OAR CLOW maleate 10 public burls,unless were walled for 7.' this rear and I wee retuned fres the Ila District USCG Vudavartare Opp/Alai this neat. airier rata Closed. 'k Public Marin ye.dr Lula'and burial ewe. '1' Publlr Perla.eland. w A leNlar lessee Opened. CVaRSSI0N5! 11 11501131 NOt . TO Lg0Pp Tat t Wet$01010t5tOt . 18 tx[.AQtPLECAI(T far rnubeltta Iatludlartr total dnaepo.ot 1 plea far huh.fart vat Lufermeao...evsrlwa the lutetium raised by the Camair 0aalarem Dearvat mff. IM settee i was oaeedud.ed'CA*AItfl by mealmeus roll call Tete. 1 COmMNITu OLVROMIST DLPAME/a etre ODuftOaIt ( 1. De salvo epee in the atoll artaal If a.what will Tlah as Car's tenants bet .1 2. Nur type at aturlais un taped en the revery. ware • 7 ▪re they 1 and Nat affects will as fill have ea 1' development) '111 r I. Is One as adequate supply of peters watery A. VIII Alma Department of tevttowatel Caawatln(hate) approve th. .wbdivision of the laid sad if a. will u ataaered'spelt ream b.realest? I) CASE S-It-pt). alahtro(rq Plat.O.S. larva III;tarlik Sul! II i teat Iterate. (Odin lotted Mralh) Dale COW ladluad I public Marina notate were ailed for 1. this case aid.aa at.reamed. 1.1104 eaem rest a'am frau asaovns M.Saaat Officer. 5.4 Caafy.dated Nay It. tel. A nemesia mast aaPo st the Cataalamea. Twaimearia. Deparueat tuft .ed faulty Development D.p.tmu stall. lagmlar leulan Closed. Public Basting Ogaedf KTBS175009 roily and harm vat. t I 1 tGAl f DM= PAT 21. till lar nrU ,1 Loki. Case No.14-014 Supplemental Appendix Page 148 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 194 of 369 AGENDA ITEM #9.A. PURL, FARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 e e Kodiak Island Borough ° ° ° ° ✓�t� 710 MIl1 BAA aDAO + ' i w. KO ALASKA 1.5731 s'�' �� `t � PHONE(707)4ss•V7f r N" S rl January 2,1987 Ms.Jurat George Department of Transportation and Public Facilities-Planning P.O.Box 196900 Anchorage,Alaska 99519-6900 Dear Janet: Subject: Proposed Brechan Subdivision of Tract S-1,U.S.Survey 3218 A copy of the proposed grading and drainage plan for the Brechan Subdivision of Tract S-1,U.S.Survey 3118,along Island Lake Road,is enclosed. TMs proposed subdivision was granted preliminary approval by the Planning and Zoning Commission on July 16,19861 and because it creates additional lots fronting on Island Leke Road and requires revision of editing drainage features within the bland Lake Road right- of-way,we are forwarding it to DOT/PF for review and comment. Future development of Tracts S-IA and 5-1B will Involve development of a public road accessing Wand Lake Road directly opposite the existing Melnitsa Lane. Lots 1 through 7,Block 1,are zoned Residential for development of duplexes,Lots 1 through 7,Block 2,and Tract 5-1A are zoned for business development,and Tract 5-18 is zoned for industrial development. If I can be of any assistance during the review by DOT/PF,please call me at 486-5736, extension 275. Sincerely, KODIAK ISLAND BOROUGH ENGINEERING DEPARTMENT David C.Crowe,P.E. Borough Engineer amm 1335175010 cc: Brechan Enterprises,Inc. Horizon Land Surveying,Inc. Case No.14-014 Supplemental Appendix Page 149 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 195 of 369 AGENDA ITEM #9.A. t PURLI ARING ITEM 7A P&2 REGULAR MEETING JUNE 18,2014 ' O • Kodiak Isla Rnrnngh P 665 766 660 rig i, , 14 -`• BOMAR.e , IND, RECEIPT FOR CODIFIED MAIL soIM URA=COVERAGE NOISED rl am MR IMIBW,t1IlNAI YAK free Raven) July 21,1956 tau CERTIFIED MAD. g r0 44(x775 RETURN RECEIPT REQUESTED ,; Yettt BreEnterprises,Inc.r. 9$ 22 ape P.O.Box 1275 * en+uee F.. - Kodiak,Alaska 99615 15 Special DOM"Foe Gentlemen: gym,Dewey Foe SubJecti Case No.S-86-011,Subdivision of'pact 5- „slices, away to BRECHAN SUBDIVISION,Lots 1-7,Bio. 70 and Tracts 5-IA and 5-18 R ow weirnawaAmr.�owrM.n sI e~" At its regular meeting Wednesday,July 16,1986,N �bops ri.G7 - and Zoning Commladon granted peeilmivay appeat g ou. the following coaditlonw if 5-g6,-01 1. Applicant to submit a grading and drainage p i KIBSI75013 complete the grading and drainage alteration t final plat: - 2. Show a storm drainage easement across Tract 5-IA for the esiallog 24 inch culvert; 3. Applicant to Install water and sewer services to Lota 1-7,Block 1,and Lots 1-7,Block 2; 4. Place the following note an the final plat: 'Natural streams and drainage courses are not to be blocked sr impeded.' 5. Provide such other easements as am necessary to accommodate KEA's existing facilities. Subsection 16.12.020(F)of the Kodiak Island Borough Code states: The approval of the preliminary plat does not constitute an acceptance of the subdivision but Is deemed to be en authorization to proceed with the preparation of the Heal plat. This approval of the preliminary plat Shalt only he effective for a period of twelve months unless an extension is granted by the Planning Camm4don 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. KIBS175015 Case No.14-014 Supplemental Appendix Page 150 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 196 of 369 AGENDA ITEM #9.A. 0 ;l PU8G.:1EARING ITEM 7A • P&Z REGULAR MEETING JUNE 18,2014 Kodlatish nd Borough Brethan Enterprises,Inc. Case No.S-66-0]I July 21,1986 - Page 2 We suggest that you authorize your surveyor to prepare the final plat for submission within this 12-month period, Sincerely, KO//D��IAK ISLAND /B/pOO� � BOROUGH ENGINEERING DEPARTMENT aa-00 pp David C.Crowe,P.E. Borough Engineer an cet Horizon Land Surveying,Inc. KIBS175016 Case No.14-014 Supplemental Appendix Page 151 of 1E0 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 197 of 369 AGENDA ITEM #9.A. PUBLIDARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 C) ) EUVl3El0wf.kT006EP�03,131 IO,W,nt 111110A Allll0tµ CASE SE -0)I ' a-db :.heliolatry aabdlt.fm of trace S-I. O.S. kuncy ills to tri u'SuhdbvLlap.Lon I through 7.hack 1 sad Lots 1 through 7, Slack 1, 1-IA and Tract I-Il alb the !allot.{ cedltion. L. 4p)lmt to wait•grating m deans plan fat atptmat n d eaglet*tea!ruby sad drainage atmaim lifers [sung cls Real plat. 2. Sae a stop drainage unarm across Tent 1-IA for abs e xisting 24-Lob culotte. 3. Applbcaac to install water and envy anima to lets I through 7, pock l and Lots I through 7, Rack 2. 4. Plate Pa tablas,at.en the flnal plan "Mara street at draws&roam ea at to be Rackad or la dad.^ S. treads such other asuman mato as rat vacaamty to atcamedace CIA's*sating faalian. 6. l 10-feet pembit Is paraded as thaw on tb areal preliminary plat. The talon m eetad.d. A Hamlett nand maga abs Camandasors. Catty Deeelepmt Ospermat stiff and Tagamerig Department muff. N!Q!t!TfQpPp{T!l NCIDLIC1U MOTOO TO ANEW T1f IItIN IpTtpl it 06Crpc the lrvaaielt nmirmnt. Tho mart no model and 41111121 by majority roll tall vets. Coalssionan IMIp. Im,dams end lentil and'So." lb*(assam n. called sad the mL mens as srd*d CALLED by nmolmua roll call ton. RR. NEW=MNml! Tare am no naw batmen. li. COIOOICATUOII Tare nn m aemuiatlr. !. 11701115 A) Stam goat ern the Gsmity Da llamas Dopamine. I) CASE 16-047 a twat fat s can/hand use wait L mordant with Section 17.14.020 (Gdttidpal Om) of rho brogh Cade to pons thus wash steep tanks to lama la the 1—Idmtril Saar!District on Lots 1 sad P.Tract A.O.S. Survey 444t n0 tbrwp Ill Naim lead as ben gaoled to the City Council. C) IDs marksman static far fair 13, 1116 was[nailed. R. AVDtf9C2 COKm!I 1011 TAUNT ryeaced tat the Catalonian gin fol approval to CASE 541-001: Tial martian of tat 6, Sack I. Delle plata Alaska lubdLlatm to Loa LA. 61, SC sod 6D. (Era Raglan) A annul=*wad moan aha Calaatrrs.L.Learig Densrmar staff ad Nr. Tarrant. 1 The Coalman decided to tab m action on Ni. Tatnnt'•meat. pi. 0008IIIBa'CYamn! KIM]175017 P 4 D PM= Il ART 16. Illi Case No.14-014 Supplemental Appendix Page 152 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 198 of 369 AGENDA ITEM #9.A. ,`) PUBLL.EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Cj 0 ITEM VII - A Kodiak Island Borough ."� MEMORANDUM ry DATE: July 9,1986 TO; Planning and Zoning Commission � FROM: David C.Crowe,Borough Engineer W— SUBJECT: Case No.5-86-011,Subdivision of Tract S-1,U.S.Survey 3218i to BRECUAM SUBDIV SION,Lots 1 through 7,Block ii Lots 1 through 7,Block 2;and Tracts S-IA and 5-IB (Brechan Enterprises,Inc.) Brechan Enterprises,Inc has submitted a slightly revised preliminary plat which is in accordance with their rezoning request under Case 86-038,Item VI-A on your July 16 agenda. Proposed Tract S-IA is 3.02 acres in area and is proposed for business zoning adjacent to the Shahafka Acres residential area and the residential portion of this subdivision,Block 1. Proposed Tract S-is is 3.66 acres in area and is proposed for industrial zoning between the proposed business-zoned portions of this subdivision and the existing industrial-zoned 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 gnat preliminary approval of this subdivision subject to coalitions 5,7,8,9,and 12 of my June 10,1986 memorandum. amm cc: Owner/Subdivider Surveyor 1C1BS175018 Case No.14-014 Supplemental Appendix Page 153 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 199 of 369 AGENDA ITEM #9.A. PUUUI.',.EARIN G ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 ITEM VU-A • Kodiak Island Borough MEMORANDUM DATE June 10,1986 TO: Planning and Zoning Commission FROM: David C.Crowe,Borough Engineer QJI1i SUBJECT: Case No.5-86-011,Subdivision of Tract S-1,U.S.Survey 3218;to Brechen Subdivision,Lots 1 through 15 and Tract S-1A (Breeban Enterprises,Inc.) The applicant desires to ante seven residential lots and 8 business lots fronting on Island Lake Road,with a large industrial tract as the remainder. The property La zoned RR-1,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 he 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 Leta 14 and 15 be combined to form one lot with reasonable access. The existing drainage across 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 unless alterations are made. If these alterations are not made before the lots are sold,we win 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 existing roadway,limiting the establishment of a drainage ditch within the right-of-way. Therefore,Irecommend that this corner be eliminated and a curved right-of-way be established. There is an existing 24-incb culvert across Tract S-I for which a storm drainage easement should be shown connecting with the proposed easement between Lots Z and 3. lmm,) 1UBS175019 Case No.14-014 Supplemental Appendix Page 154 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 200 of 369 AGENDA ITEM #9.A. $ l • PUBLi. RING ITEM 7A P&Z REGULAR MEETING IUN E 18,2014 • Kodiak IIssland Borough Case No.5-86-011 June 10,19B6 - Page 2 !recommend that you grant preliminary approval of this subdivision,subject to the following conditions. 1. Combine Lots 14 and 15 into one lot; 2. Designate Lots 1 through 7 as Block 1; 3. Designate Lots 8 through IS as Block 2; 4. Designate the remainders.Tract S-1A; 5. Applicant to submit a grading and 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 5-1A for the existing 24-inch culvert; 8. Applicant to install water and sewer services to all lots; 9. Place the following note on the final plat: 'Natural streams and drainage courses are not to be blocked or impeded: 10. Revise the exterior boundary of the plat to be continuous across the access to Tract SIA along Island Lake Road; 11. Provide five-foot-wide electrical easements along all road frontages,and utility easements ten feet each side of the rear lot lines of Lots 1 through 15; 12. Provide such other easements as are necessary to accommodate KEA's existing facilities. amm cc: Subdivider Surveyor KIBS175020 Case No.14-014 Supplemental Appendix Page 155 of 1.60 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 201 of 369 AGENDA ITEM #9.A. ,1PUBLIC��ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 4..�—gd.� L of \ I a I - C \ _ \. 1 .\ \ Nplt AND Aran I , r--3? -,N .)," suaomnOn I isy r X11` ' J ! , ) a / , M 1 . . li . / T / �1\ t}C . f . r i/ice _ . 'lir / ' / • r. : l .p i j AGENDA ITEM #9.A. c� PUBLu. .EARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Kodiak Island Borough IT Ani-A .' V MEMORANDUM DATE: June 9, 1986 TO: Planning and Zoning Commission 440 FROM: Community Development Department SUBJ: Revised recommendation and information for the June 18, 1986 Regular Meeting RE: CASE S-86-011. Subdivision of Tract S-1, U.S. Survey 3218 to Lots 1 through 15 and Tract 5-IA. (Brechet Enterprises, Inc.) Site visit date: April 24 and 28, 1986 1. Existing zoning: RAI—Rural Residential One 2. Minimum lot size: 20,000 square feet Compliance: No (a rezone to RI—Single-Family Residential, minimum lot size 7,200 square feet; B—Business, no minimum lot size; and I—Industrial, minimum loc size 20,000 square feet, is underway) 3. Minimum lot width: 80 feet Compliance: No (see /2 above) 4. Maximum lot depth-to-width ratio: Not Applicable 5. Existing land uses: Vacant with outdoor storage. 6. Existing structure(s) on the property: Not Applicable 7. Topography: Provides good building sites: Yes Provides good parking areas: Yea Allows driveway construction to meet maximum slope requirement: Yee (except for Lot 15) Justifies a flag lot: Not Applicable 8. Physical Features: Wetlands, atriums, drainage courses: Yes HIBS175022 Need for driveway/access restrictions: No (see comments) CASE 8-86-011 1 JUNE 18, 1986 PeZ Case No.14-014 Supplemental Appendix Page 157 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 203 of 369 ! AGENDA ITEM #9.A. I z1 1 kl I 0 PUBLIC' AflING ITEM 7A P&Z REGUTAR MEETING JUNE 18,2014 0 ``'.✓ ..' ITEM VII-A Adequate line of eight: Yes fl 9. Existing Plat Restrictions' No k'i 10. Coastal Management applicable policies: A. Location i In areae with poorly draining soils, development share feesJble shall be Ufa• connected to a sewer line. where this is not feasible, on-site facilities l shall be designed so as net to cause conditions that will pollute rivers, lakes, and other mater bodies, including the ground water supply. Consistent: Yes ti B. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when lend is subdivided. Consistent: Yes Y11 C. Access di New subdivisions or other residential developments on the shoreline shall provide unable public access to end along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not applicable. K:I D. Hazardous Lands ai Development shall not occur in hazardous areas such as avalanche runout zones, active floodplaina, and high Vater channels to the extent feasible and prudent. Siting, design, end construction measures to minimize ii exposure to coastal erosion, mase westing and historic tsunami run-up shall • be required to the extent feasible and prudent. Consistent: Yea Ifd E. Wetlands Filling end drainage of water bodies, Eloodvaye, backehore e, and natural }} wetlands shall be consistent with ACM? Standards 6 AAC 80.090 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Yes iii BUSINESS DEVELOPMENT ICIBS175023 99 1. Natural Features Dredge end fill, excavation, shoreline alteration and disturbance of enadromous streams, tidefleta and wetlands shall be minimized when CASE 5-86-011 2 JUNE 18, 1986 Pat Case No,14-014 Supplemental Appendix Page 158 of 160 111111£; z�l rill Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 204 of 369 AGENDA ITEM #9.A. PUBL"GEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Ct 0 ITEM VII-A constructing and operating port, harbor, dock, industrial and energy facilities - if permitted under applicable regulations. Consistent-. Not Applicable 2. Natural getting, 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: Not Applicable J. Dredge and Excavation Material Dredging and filling shall be consistent with ACM? Standards 6 MC 80.040 (Coastal Development) and 6 MC 80.110 (Mineral end 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 4. Facility Design Developmente 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 5. Buffer Zones Buffer zones shall be established to the extant feasible and prudent, between industrial areas and major public transportation routes end 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 ere provided between proposed industrial end residential lots. 6. Accessory 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 7. wetlands K1BS175024 CASE 5-86-011 3 JUNE 18, 1986 PAZ Case No.14-014 Supplemental Appendix Page 159 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 205 of 369 AGENDA ITEM #9.A. QPUBLIC.)ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 0 0 ITEM .NI-A Filling and drainage of water bodies, flaodvays, backahores or natural wetlands shall be consistent with AMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Yee COMMENTS: Lot 15 is located very close to the intersection of Island Lake and Mill 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 line should be established on the Industrial property. In addition, vichin the proposed 20-foot greenbelt, natural vegetation should be retained. RECOMMENDATION: Based on the above comments, 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 shall 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 shown on any industrially zoned areas, wherever industrial areas abut a residential zoning district. Plat Notes: 1. Natural stream and drainage courses shell not be blocked or impeded. 2. Natural vegetation within the greenbelt shall be retained, except for diseased trees. cc: Case File KIBS175025 CASE 6-86-011 4 JUNE IB, 1986 P51 Case No.14-014 Supplemental Appendix Page 160 of 160 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 206 of 369 AGENDA ITEM #9.A. PUBLCTh ARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 it x. KIB 2008 Comprehensive Plan wale Land Use Designation Map t ,Current Designation Urban'Residential .--;;;;I:t Request AComprehensive Plan amendment ` Case.No.14-014 g c '.,, -. . t to changetheFuture'tzndUseDesignatlon of ApplicanhAlagnak Inc s ..Lot 1 Alagnak Acres'Subdivision from Urban r y 4 , ,t,,e' Residential to Commercial/Business,per KIBC 177105.i k -,,,-,-,1,,-;.;. --,, hi{ ....-.v __..- -_._ . ,....5.L--_:••_ ._ ..v"Lo.,4--. Zit,-_—. T.J. , J 7 rr fir' i" e�'`• "'7 11 ,M .USS 4463 t -41' �_.__.. JUS33466_ isi1/4 • ® 4. , i e i .Pli. free .i Ilsi A %(e 1 Cove Dine .4 ,,.4% I 7 1 F ("Li,S, 6s 1 y Subject Property 1 Pa 1 3g07- '� y Cr eh t 'L. s + ^ st ilit �ry� � 0 e: - a� ,uP, 4 .401 41 In 'v-aS', ?Y "-} :-.• kms fi 69 aS,0'+ baii y�J e0 (ecs' r - Jac e • ) Land Use Designations Zoning Q Industrial/Light Industrial Q Rural Resbenial Zoning i]Open Space/Reaeation Q Future Special Planning Area n Conservation n Public Facilities/Ownership®Water Shed Commemiaysusineas Urban Residential Kodiak bland Bamu41 c5 Community Oev.IOPmerlt neperMant an.map)Roads he;Itwww kdakak us/s(90])4 933] uY�oltp,mss uySgysbmmsypsn ^ Y u4W+,tvs+umlvn f1 um.zWdeO Rot W Ways Case No.14-014 introduction Page 1 of 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 207 of 369 AGENDA ITEM #9.A. 0 P2 0. ITEM 7 A P&Z REGULAR MEETING JUNE 18,2014 theFi jt .e,. r Image Overlay Regoest:ACompr-.ensive Plan amendment tq change Case No.14-014 Requesure Land Uie Designation.of Lot ,Alagnak Acres Applicant:Alagnak,,Inc. Subdivision from Urban Residential to tCommercial/Business (KIBC 17.205). @ . ai «�: 790>.nnt .�s M .t p';' 'V o j t> i �€ ' r\Y. '1,f4 " J -r!rIr,sst ,'Y'1F_.;,-h "`X5`.1,2+ I cm r}„ipa'c"ii`v� , 01.. ,,,...,".0‘4:11.r.:[3.7,1:- .?;-6:ti.t_ t"......w1/41.ii.L.,/.",..cl.e"-1-4:',,:ili'ts.„:44,\'1/4••.#1.',11,ITtiTlic 9 1,,,„ A let'. ;rit. .s.,_,,c,,.„,,,,,,,,,r5 __ , ,, t,,,,,,, ,,c,,,,.. r.'0", :,,,,. le V. „irk f ; -...",%reri "Tpt i ', al otiti t�1 Obi�.3: +t',. W ( +RS{ f �S� \c Fit T ay 4,--i-f tK- Hr 5t== i �(T4 t�`d +' 2 H" . M1.l362"44-:r ��I 1 0• 1.' If i;+ �.r is �. tilln {� .� its , 1 C fffJJJ S s Iii t t, 4p'c� c ', 4tri ]lQ :¢Y-kyr J ;. A _ ° \I, t ia-sip k* t o � 3\N'. kti « , vi Legend N! i%c1j wAS% E I :� Subject Parcel Lot 1 AlagnakAcres Subdivision ��' s Kodiak ls�nM euwgn Gil Corn mmnyaoevel eloreponniont "'''''•I Awass Roads M1XpAwiw,ndMha,OVpu 190711E16 93 isneinpWoban,py�vpexmeYan u uocmon.c1N RI; W Ways Case No.14-014 Introduction Pap 2 of 2 Page 208 of 369 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... AGENDA ITEM #9-A. C) a • PUBLIC HEARING ITEM:7 A P&Z REGULAR MEETING JUNE 18,2014 ALASK• 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. LOCATION: No House Number(NHN)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 • 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 209 of 369 AGENDA ITEM #9.A. 0 :] sem' PUBLIC HEARING ITEM:7 A 3•/,_ ";'9l P&Z REGULAR MEETING JUNE 18,2014 I:4 ALASKA West: Lot lA-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 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 17.205.060 Hearing determination. Case No.:14-014 Staff Report&Recommendation Page 2 of 7 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 210 of 369 AGENDA ITEM #9.A. 0 CJ • t No Site PUBLIC HEARING ITEM:7 A P&Z REGULAR MEETING JUNE 18,2014 auex• 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 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 211 of 369 AGENDA ITEM #9.A. •_) 6. PUBLIC HEARING ITEM:7 A P&Z REGULAR MEETING JUNE 18,2014 Y ALASKA 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 RI-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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 212 of 369 AGENDA ITEM #9.A. • P PUBLIC HEARING ITEM:7 A - P&Z REGULAR MEETING JUNE 18,2014 0 -I ALASKA • "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 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 ACT 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 AOTs per 1,000 square feet of improvements. Case No.:14-014 Staff Report&Recommendation Page 5 of 7 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 213 of 369 AGENDA ITEM #9.A. • `) 0 r'•. PUBLIC HEARING ITEM:7 A P&Z REGULAR MEETING JUNE 18,2014 Of 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 RIB 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 214 of 369 AGENDA ITEM #9.A. C) PN 0.IL � „r PUBLIC HEARING ITEM:7 A „�l P&Z REGULAR MEETING JUNE 18,2014 ALASKA 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 215 of 369 AGENDA ITEM #9.A. PUBLICNEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Sheila Smith From: JACKIE HERTER<jackle.herter@ak.net> Sent Sunday,May 04,2014 5:18 PM To: Sheila Smith Subject Fwd:CASE 14-014,Comments From Property Owner in Area of Request —Original Massage-- From: 'JACKIE HERTER'geckie.hedereeh nets To: Funilhakodekak.us Sent: Sun,04May 2014 17:11:40.8800 Subject: CASE 14-014,Comments From Properly Caner M Area of Request Re Case:14-014,NHN Cove Drive,Zoning R2•Two-Femly Residential Dear Commudty Development Department As property owners at 490 Briehelka CWe,we protest this requeal for a change from Urban Residential to Commerdethlwlees.There b no reason to put business smack M the meddle of residential. Even though the Elizabeth F warehouse has been there for years,R the property owner is set,no one should be able to repeat whet is being done cunently.The heavy trucks and constant bafTc from the renter or e portion of this wan/house causewear and tear on our did mads that would not happen were the thee all residential.At times I have teen the ranter use our residential dumpster,which also would nod happen If this were not zoned business. We need to relight our neighborhoods.The properly owner can still sell the land just as easily es R2 and not ruin the neighborhood for the real ol ts. Sincerely, Mike end Jackie Hader 490 Shahalka Circle Kodak,AK 807.480-6211 Case No.14-014 Public Comment Page 1 of 5 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 216 of 369 AGENDA ITEM #9.A. Q PUBI.i)EARING ITEM 7A p&Z REGULAR MEETING JUN E 18,2014 a Kodiak Island Borough A ¢A �� \i a a �� R Community Development Department !�- p 710 Mill Hay Road Room 205 )1,41 r..w ri Kodiak,Alaska 99615 aR Phone(907)486-9363 Fax(907)486-9396 www.kodiakpk.us April 4,2014 Alagnak Inc. 2705 Mill Bay Road Kodiak,AK 99615 Rei 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 CammercialBusiness(KIBC 17.205). Dear Ms.Malley: Please be advised that the Kodiak bland 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 630 p.m in the Assembly Chambers,710 Mill Bay Road,Kodiak.Masks.Attendance at this meeting is not mandatory but wommended. One week prior to the regular meeting,an Wednesday, May 14, 2014 at 6:30 p.m in the Borough Conference Room(6121),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 provideraditional information.In advance,thank you for your cooperation. Sincerely, Ufrham' C i`visa" Sheila Smith,Secretary Community Development Department Case No.14-014 Public Comment Page 2 of 5 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 217 of 369 AGENDA ITEM #9.A. PUBLIC ITEM 744 • P&Z REGULAR MEETING JUNE 18,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 www,kodiakak,uq 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: NI-IN Cove Drive ZONING: R2-Two-family Residential 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 Community Development Department.Written comments must be received by 5 um,Tuesday.May 6 7014 to he considered by the commission.If you would like to fax your comments to us,our fax number is:(907) 486-9396,or you may entail your comments to ssmithfakodiakak.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,May 14,2014 a work session will be held at 6:30 p.m.in the Kodiak Island Borough Conference Room 01121),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. tear Nome: Mdltng Address: )'our property description; Comments: Case No.14-014 Public Comment Page 3 of 5 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 218 of 369 AGENDA ITEM #9.A. 0 (1 PUBUL.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. -3 631Z! % '^ 3 J , -. .. J ° 15 A0 .e.Y 1 til ^e s ry0 ^ • 1 IPJ YO er DO ryP ti cvaa.' G : ae°° Pr,-. �. 1--._ 1.$;1/4.. �' ;� - r, els c.r,.uv. P' �P u e maa ossa -. 0 ,Q;. 4aZ01 t . Airti c U. J AQ" ' 7. eP • 10 0J �,.p p rV, .mom ere:I% A so i • 8Pfi 1z AG., . _ Public Hearing Notice Legend N 00114 o 100760ra Subject Parcel wViiiC WO SI Notification Area 5 Kodiak Isla Borough 019 ConununIJy DevelopmOnt Department 114p:66w kabala taiga(007)1069137 n`a"RO M porde)lw.hnmW pawn sty mid is m.awxW4 ny lµrapaawvbe Q lMnlaWWd Rign of 0061 Case No.14-014 Public Comment Page 4 of 5 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 219 of 369 AGENDA ITEM #9.A. 0PUBLIC HEARING ITEM 7A . P&Z REGULAR MEETING JUNE 18,2014 First_Name Last_Name Mail line_ Mail_City Mait_State 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 3305HAMAFKA CIR KODIAK AK 99615 KELSEY CHATSKI 4026 LUNAR DR 4A2 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 PD BOX 2609 KODIAK AK 99615 CARL ERICKSON 2943 COVE DR KODIAK AK 99615 DEREK FOSTER 599 TOMALES RD PETALUMA CA 94952 RONALD FRIED P 0 BOX 8585 KODIAK AK 99615 IAN FULP 5620 GRAND TETON LOOP ANCHORAGE AK 99502 MICHAEL HERTER 4905HAHAFKA 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 BENrONVILLE 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 220 of 369 AGENDA ITEM #9.A. 0 PUBLI.JEARING ITEM 7A P&Z REGULAR MEETING JUNE 18,2014 Kodiak Bland Borough ) RIME-am Pram- .SubmitbrEjS Community Development Department 710 MG Bay Rd.Rin 205 • b, Kodak AK 99615 PR(907)486-9362 Fax 19071486-9396 tinuth'LnBA 4KV3/� t�I /1 / 7�,,.n}.y-„ A,e,,,..0„1 PROP_ID 21114 Application fosaae KIBC 17.205 The fdbMng Information Is to be supplied by the Applicant Properly Owner/Applicant Magna,Inc MaBmp Address: 270504M Pry Road,Kodak AK 99615 Phone Number. 907-4664733 Other Contact email,etc: bydewlmgrggd.rm Legal Description: Subdv. Alagnak Acres Block lot 1 Street Address: 2980 Cove Drive Current Zoning:R2 ABC 17.80 a Proposed Zoning: Business MC 17.90 a Applicable Canpreherdve Platt A.Kodiak Island Comprehensive Plan Update 2008 Explanation of the need&lustlfatdn fora change or amendment ofzonkig: Reguesling an Ammadnent to the Comprehensive Plan asking that this property be considered a Buten Property Instead of a Residential.There is a warehouse on this property with business tenants(Northern Saks,Inc and Premia Medwnlaf.Theowner of thisproperly has no Intention to ever use the R2 portion ofthe cit as rheCommehenkve Plan calls for.In Gct,the opinion of (hemp/sty owaerb Out this parcel Is not conducive toe residential use 11)Because of the nature ofthe businesses that operate adfacent to It,and(2)Having a resdendal properly at that location would further Increase the trmik and war and tar on Cort DdveThe latter point appears to have been a mala concent for the neighborhood in the past Espianadon&the effect such a change or amendment would have on the objectives of the applicable comprehensive plare By changing this parcel to a universal zoning of Business,these will be no Impact on the surrounding area.The businesses that operate there will continue to do as they do cunendy.T here wN be no added traffic,noise or war and tear on die road. Oat; yy s,gnapr ad _ _ as ti' .e. , //ee C Case No.14-014 Application Page 1 of 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 221 of 369 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 1A P&Z REGULAR MEETING JUNE 18,2014 DD Staff Certification Date: IDD Staff. f_1 ?avm.ntverlflcaflon Fee Payable in Cashier's Office Room II 104-Main(loorof Bomugh Bultding Ll Not Appbable r $0.00 Less than 1.75 acres: r 535000 1.76 to 5D0 acres: r 5750.00 5.01 to40.00 acres- r $1,000.00 40.01 aces urmarc F 51800.00 Case No.14-014 Application Page 2 of 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 222 of 369 AGENDA ITEM #9.A. 0 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,Carlie Malley,if there is any disagreement to this request. Regards, 'J Michael R.Martin Alagnak,Inc. Property Owner MAY 1 6 2014 F&R,Inc. 1 Alognak,Incl Brechan Rentals/ Bayview Terrace 2705 Mill Boy Rood—Kodiak AK 99615 Phone:907.486.4733 Fox:907.486.4889 Email:bayviewmngr@gci.net Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 223 of 369 AGENDA ITEM #9.A. QPURL-BEARING REM 7 F P&Z REGULAR MEETING MAY 21,2014 KIB 2008 Comprehensive PlanPA "tzkv Land Use Designation Map a rw e Current Designation:Urban Residential Request A Comprehensive Plan amendment .Case No.14 014 to change the PutureDe011se Designation'of I F Applicant:Alagnak,Inc: Lot 1 Alagnak Acres Subdivision from Urban . I r R ii-nti. to Commercial/Business,:per KIBC-174205'. ; /7-- — ,--7 ,s — / — tn.,s e \ 1 0' JiJ r�� '� ' -<r_.. _..usS-34ssi.... 4 - `/1 USS 32018 \ p hh 0 %, ' k ''' 4\ t ty fa y 3t: AN e. CI, \\ saII 42, Com Dda 4'6 ry 4, \ f �"' I Nis iW N.1 . '+ 4-.14, e Z. �` / ,J i L' i,,/ I a�M1 P � � �',�% is ! '� eves. SS 34 BS a An.te I© : Subject Property: .' .e C /..v. trE/t l' A ' I I ,,,:lig 4. ' 4 ' / P4-: '7' p l4 N. Ye I 1G 1 I •/..4.,..„ ✓'a Y $ d _ t 1 i'v' re Land Use Designations Zoning O lndustdalA.ieht Industrial Q Rural Residental Zoning C Open Space/Recreation O Future Special Planning Area U Conservation n Pubic Fadites/Onnershlp®Water Shed ED can Men Residential Keel'.Mani Borough GIS Community Development Department _e saes ROSS MO Puree,kodameueae(937)486.9137 n.map i.w4wa ea W.neww papas .n and a na n5MFe b anwSS.m.. e. l--I UimmNeed Rqm of Ways Case No.14-014 Introduction Page 1 oft Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 224 of 369 AGENDA ITEM #9.A. OPUBLILARING ITEM 7 F P&Z REGULAR MEETING MAY 21,2014 Image Overlay Request:A Comprehensive Plan amendment to:change u Case No.14-014 the Future Land Use Designation of Lottl,Alagnak Acres t, Applicant:Alagnak,Inc. Subdivisionfrom Urban Residential to Commercial/Business (KIBC-r17t205). '1. 1 1 31• R.r s 4s '4y Mott' PJ- }}' ',It. yja� t gr �Iyg�p. • f N• Jj( Ag {{^30 %kilt V K .:1 y Q/!Lf-: 1IMS --".^-*4•p�g ,�. t1 j-4 f tl 15!rt ve [fd> i r4ktl t frr 1 t 2 4 1,g op , 44 ",,,k;'`,..) ". i;, a rg l ...t;*� � ""G .N e is �t trot.; flFe° , � r "...Cre ) ,),.,+- X9. r1i' t I ptt, •t4i:mtf ef92a { •)il`-- c� • r •r .i]]}t gi!g)� - , • - �`ftfic' ; ��\ t it '�M .s�'47, ' ` A o `CV :{ 's r ,les t , ; is 4$flimICA 1. . 44-11,- j 3.. r''''-'1.?':- A t3 4 kir,.t dd' Z.- r I •-. z' �� r ..1i • . " loa . x},*t :\,,,:%.,:. rt. , 1, u r s 4a i , r Legend tflhN ^4 �. W VI 4, Subject Parcel Lot 1 Alagnak Acres Subdivision ��. s Kodiak!timid eemuph Da Community Development Department pom Iaprrinne w@aatusigS 190714849337 maps Thermo Iron,brafmniwunaan w ep+.mn.mom. ru.rm.wnm Mmol wen Case No.14-014 Introduction Page 2 of 2 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 225 of 369 AGENDA ITEM #9.A. • a a N •- rO PUBLIC HEARING ITEM:7 F e'-, -,,s`.D-i P&Z REGULAR MEETING MAY 21,2014 a a 3 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: R2-Two-family Residential NOTICE: Thirty one(31)public hearing notices related to this request were mailed ApriI4,2014. 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 226 of 369 AGENDA ITEM #9.A. 0 0 e""SOi+ PUBLIC HEARING ITEM:7 F r '• , ry-i P&Z REGULAR MEETING MAY 21,2014 3 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 R1,112,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 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 17.205.060 Hearing determination. Case No.:14-014 Staff Report&Recommendation Page 2 of 7 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 227 of 369 AGENDA ITEM #9.A. 0 0 �,�t+:c.o. PUBLIC HEARING ITEM:7 F �r .'!.:cr.':i P&Z REGULAR MEETING MAY 21,2014 `fir° iL klk!TY l d 0 { ALASKA 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 ore 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 con and should be carried out through the following strategies: • Regular review of the Comprehensive Plan by staff as specific policy and administrative decisions ore 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 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 228 of 369 AGENDA ITEM #9.A. 0 0 spit PUBLIC HEARING ITEM:7 F , ,41yr P&Z REGULAR MEETING MAY 21,2014 o •- '- 1.ALASKA 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. 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 229 of 369 AGENDA ITEM #9.A. a a Ppo a., PUBLIC HEARING ITEM:7 F y• P&Z REGULAR MEETING MAY 21,2014 astt '5 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 230 of 369 AGENDA ITEM #9.A. O 0 $0 aoa, PUBLIC HEARING ITEM:7 F P&Z REGULAR MEETING MAY 21,2014 -L 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 231 of 369 AGENDA ITEM #9.A. • 0 a PNC aM, PUBLIC HEARING ITEM:7 F Y' 'rs P&Z REGULAR MEETING MAY 21,2014 a r E it { n�asea 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 232 of 369 AGENDA ITEM #9.A. • li PUBLIDARING ITEM:7 F P&Z REGULAR MEETING MAY 21,2014 Sheila Smith From: JACKIE HERTER cjackie herter@aknet> Sent Sunday,May 04.2014 5:18 PM To: Sheila Smith Subject: Fed CASE 14-D14,Comments From Property Owner in Area of Request --Original Massage-- From: 'JACKIE HERTER'<jackiehMINCak net> To: ssmmth$kodak.ek us Sent: Sun,04 May 2014 17:11:40 0800 Sublet: CASE 14.014,Comments From Property Owner in Area of Request Re Case:14014,NHS Cove Drive,Zoning R2-Two-Fainly Residential Dear Como:unlry Development Department: As property owners at 490 Shzhathe Circle,we protest this request ter a change kern Urban Residential to Commercial/Business.Thera is no mason 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 sell,no one should be able to repeal what is being done currently. The heavy trucks and constant traffic from the teller of a portion of tis warehouse cause wear end leer on out dirt roads that would not happen ware the area all residential. A:limes I have seen the miler use our residential dumpier,which also would not happen II this were not zoned business, We need to retain our neighborhoods The property owner can still sell Me land just as easily as R2 end not ruin the neighborhood for the rest of us. Sincerely, Mike and Jackie Herter 490 Shehalka Circle Kodiak,AK 907-486-6221 Case No.14-014 Public Comments Page 1 of 1 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 233 of 369 AGENDA ITEM #9.A. 0 PURL FARING ITEM 7f P&Z REGULAR MEETING MAY 21,2014 Ann ' aritr Kodiak Island Borough ,n �3:'`i n n / Community Development Department 710 Mill Bay Road Room 205 =' s� e I, r Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 �''j' 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 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 ar 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 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 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 infonnation 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, cjccA2Aaa Sheila Smith.Secretary Community Development Department Case No.14.014 Public Notice Page 1 of 4 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 234 of 369 AGENDA ITEM #9.A. OPURLI&DARING ITEM 7 F P&2 REGULAR MEETING MAY 21,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 996 t5 (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 Usc 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 property ownerlmterested 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 received by 5 nm.Tuesday.May 6 2014 In he considered hs 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 55mithnktdiakak.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-ia telephone number is 486-3231. The toll free telephone number 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(8121),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal tights,please feel free to call us at 486.9363. Your time: ?dean AJJrn.: Year property deeripaon: Comma: Case No.14-014 Pu bit Notice Page 2 of 4 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 235 of 369 AGENDA ITEM #9.A. OPUBLEARING REM 7 F P&1 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. - hs, i Nib die / eatt ti ; q• P rye . Q p ^1 P �v Pr --N ,L. . CO "3E-4° eh 1. :t• NP ,,a 3 _'3893. C P 3E- care Dd.". -. pp i ti - -i-.� v@. F r ^.P 7 101 �aNd N ry_ RP X '1, P o 10' E . 1 - ��\ :;. Public Hearing Notice Legend N --ti ' reel Subject Parcel p,�•'��v E a 190 380 mo Notification Area \IY Kodiak Island Borough 015 Community Development Department ea Atte..Road, MINMww todaxn us/gm(001)4869337 mh .ea news bnmmwmu www. vrywµwp'w.u'an ..'.-'..Um,swaed Rql a wan Case No.14-014 Public Notice Page 3 of 4 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 236 of 369 AGENDA ITEM #9.A. U . PU BLICgILING ITEM 7 F P&Z REGULAR MEETING MAY 21,2014 First Name last Name Mall_Une_ Mail_City Mail State Mall Zlp 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 5HAHAFKAOR KODIAK AK 99615 KELSEY CHATSKI 4026 LUNAR DR 4A2 ANCHORAGE AX 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 599TOMALES 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 6933 KODIAK AK 99615 BENJAMIN REHMER P.O.BOX 446 KODIAK AK 99615 TED ROGERS 495 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 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.19-014 Public Notice Page 4 of 4 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 237 of 369 AGENDA ITEM #9.A. im PUBLEARING ITEM:7 F P&2 REGULAR MEETING MAY 21,2014 Kodiak Island Borough I RIMED/in f(:Submltby EmailI a Community Development Department ^ 710 Mir Bay Rd.Rm 205 ns,Ski Kodiak AK 99615 Ph.(907)4136-9362 Fax(907)416-9396 htto9Mnvw3lodlalakgl 004 jN 4,.2,,, ,..$„1 PROPS) 21114 Application foRftegose KIBC 17.205 The I°how ng Information Is to be supplied by the Applicant Property Owner/APPlicanc Magnak Inc Mailing Address 2705 Mill Bay Road Kodiak M99615 Phone Number: 907-486-4733 Other Contact malt etc bayvkwmngrpgdnet Legal Description: Suborn Alagnak Acres Block lot 1 Street Address: 2980Cove Drive Current Zoning: R2 NBC 1780 19 Proposed Zoning: Business NBC 1790 Q Applkable Comprehensive Plan: A.Kodiak Island Comprehensive Plan Update 2005 Explanation of the need 63usdlcation for a change or amendman of zoning: Requesting an Ammendment to the Comprehensive Planaskingthat thisproperly be considered a Business Property Instead of a Residential.Thereb a warehouse on this property with business tenants(Northern Sales.Inc and Premier MaMnkah.The owner of this Properly has no Intention to ever use the R2 portion of the lot as the Comprehensive Plan calls for.Intact the opinion of the property owner is that this parcel Is not conducive to a residential use(1)Because of the nature of the businesses that operate adjacentt0l4 and(2)sfvinga residential property at that location wouldfurther increasethe 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 tinning this parcel to a universal zoning of Budoess.thaewl0 be no impact on the surrounding area.The businesses that operate there will continue to do as they docurrently.There wilt be no added traffic,noise or wear and tear on the mad. Date: z a[.. c-J Signature: e______S_car_ Case No.14-014 Application Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 238 of 369 AGENDA ITEM #9.A. PUBLIs. WRING REM:7F P&Z REGULAR MEETING MAY 21,2014 CDD Staff Certification Date: COD Staff: Q Payment Verification Fee Payable in CashlersOfce Room F 104-Main floarol Borough Buteng Not Applicable r 50.00 tens than 1.75 acres: r 5350.00 1.16 to 5.00 acres: r 5750.00 5.01 to 40.00 acres: r $1,000.00 40.01 acres or more: r 51$00.00 Case No.14-0 14 Application Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 239 of 369 AGENDA ITEM #9.A. t� PUSr✓FARING ITEM:7 F P&Z REGULAR MEETING MAY 21,2014 PAYMENT DATE Kodiak Island Borough BATCH NO. 04/0112014 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 BE4E APP 00,94 PNAo A b 7rkrifot f c' JPAYMENTLCODEr .2 j '._- �_',JRECEIPTDESCRIP,TION m`="' z'1 I L-Y_._.._ �aTRANSACTION'AMOUNT, Subdrviswn Fee O 21114n Fee I 135000 M PI02114 RFMICAPP Payments: Type Detail Amount Crick 20023313 SI5o.o0-r- Total Amount: 5350.00 Printed by:Teresa Medina Pap 1 of 1 04101/2014 02:26:29 PM Case Na.14-0 14 Application Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 240 of 369 AGENDA ITEM #9.A. 0 a Sheila Smith From: JACKIE HERTER<jackie.herter@ak.net> Sent: Sunday,May 04,2014 5:18 PM To: Sheila Smith Subject: Fwd:CASE 14-014,Comments From Property Owner in Area of Request --Original Message-- From: 'JACKIE HEATER"cjackie.heneraak.neb To: ssmilhakodak.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 Drive,Zoning R2-Two-Family Residential Dear Community Development Department As properly owners at 490 Shahafka Circle,we protest this request for a change from Urban Residential to Commercial/Business. There is no reason to put business smack in the middle of residential. Even though the Elizabeth F warehouse has been there for years,if the property owner Ls sell,no one should be able to repeat what is being done currently. The heavy trucks end constant traffic Imm the renter of a portion of this warehouse cause wear and tear on our dirt roads That would not happen were the area an 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 properly 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 Shabaha Circle Kodiak,AK 907-486.8221 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 241 of 369 AGENDA ITEM #9.A. 0 Kodiak Island Borough p R r/vr>rti a R j7:0/ Community Development Department fin 710 Mill Bay Road Room 205 ®`-ql ty 4ii,' rhe Kodiak,Alaska 99615 I, a".4 Phone(907)486-9363 Fax(907)486-9396 .. ,� 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 //orrpnprovide additional information.In advance,thank you for your cooperation. Sincerely, lQ4aCCI1� Sheila Smith,Secretary Community Development Department Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 242 of 369 a AGENDA ITEM #9.A. C KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486.9363 www.kodiakak.as 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: 122-Two-family Residential This notice is being sent to you because our records indicate you an 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 received by 5 nm,Tuesday,Mar 6 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 wmithrakodiakak.us.If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meting. 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,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. Vase Name: Melling Address: Your properly description: Common: Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 243 of 369 AGENDA ITEM #9.A. 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. ,P. �44 Road Bra ® ,�, d ..,•(‘'1 Ge B91 �8�J. �d A op rtr rt. wnc' G 0" ' +{ • 90 k :• rre • Qpv } nit. ♦ l-445 ♦ , PP t &p P .b. et, r h .P r. x-991 p=' tigicove on. • 9? DxvLa I '-,,e;1' eP2 V ary .®. yd° i ry0 . _ p 0 P 9P 1 10 l4 1 • ry- ,r to A rva� - ,., Public Hearing Notice Legend N G.. Bµ Subject Parcel w ��E o reo ld9 >?a Noti cation Area gt00 5 Kodiak Wand Borough G9 Community Development o.parlment MpMw Yodl4akual7+(So1)4G&9Jn ry mitenstenspArresu aps StWdb w ^LFmuNuuad N RyM Mga Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 244 of 369 AGENDA ITEM #9.A. 0 0 First Name Las[ Name Mail Line_ Mail_City Mail_State Mall_Zip WAYNE ABOUSSLEMAN 420 SHAHAFKA CIRCLE KODIAK AK 99615 AIAGNAK INC P.O.80X1275 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 4A2 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 0 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 245 of 369 AGENDA ITEM #9.A. PAYMENT DATE t•-) 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 PID 21114 l9lE APP &Ali)Platt . b^4Cfrt,rRruict`s/,y1t' '_IPAYMENT,CODE' C �" RECEIPT DESCRIPTION `' tTRANSACTION'AMOUNT_; Subdivision Fee Subdivision Fee $350.00 PID 21114 RIM*APP Payments: Type Detail Amount Check 20023313 $350 Total Amount: $350.00 Printed by:Teresa Medina Page 1 of 1 041011201402:26:29 PM Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 246 of 369 AGENDA ITEM #9.A. O C) Martin Lydick From: Martin Lydick Sent Wednesday,April 02,2014 3:52 PM To: 'Carlie Malley' Cc: Bob Pederson;Jack Maker Omaker@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 lune,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. monk you, From:Cadie Malley fmailto:bawiewmngrrdecl.net) Sent:Wednesday,April 02,2014 1:32 PM To:Martin Lydick Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 247 of 369 AGENDA ITEM #9.A. Cc:Bob Pederson ("') a 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 PID 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,I am 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 if there is any further information you require at this point. Regards, Carlie Carlie Malley Property Manager f&R,Inc.I Brechan Enterprises,Inc I Alagnak,Inc. Elizabeth F,Inc.I Sunset Development Co of Kodiak Main: 907.486.4733 email: bawiewmngrPKci.net Fax: 907486.4889 web: beechen tom She: 2705 MITI Bay Rd. web: bawiewkodiak.rom Kodiak,AK 99615 Like us on FacebookC1 From:Martin Lydick)mailto:mlvdick{dkodiakak.usj Sent:Wednesday,April 02,2014 11:51 AM To:Cagle Malley(BavViewMnor gd.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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 248 of 369 AGENDA ITEM #9.A. Kodiak Island Borough 0 a Community Development Dept. 710 Mill Bay Rd.,Kodiak,AK.99615 (907)486-9361 mlvdick@kodiakak.us 7 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 249 of 369 AGENDA ITEM #9.A. Kodiak Island Borough C? Point Form I •Submit by Email Community Development Department 710 Mill Bay Rd.Rm 205 Kodiak AK 99615 Ph.(907)486.9362 Fax(907)486-9396 llttD•J/www.kodlakakgi .0 piNt)A 1 PROP_ID 21114 Application foe KIBC 17.205 The following Information Is to be supplied by the Applicant Property Owner/Applicant. Magna.Inc Mailing Address: 2705 MIO Bay Road,Kodiak AK 99615 Phone Number. 907-486-4733 Other Contact email,etc_ bayvIewmngrysgdnet Legal Description: Subdm AlagnakArres Block Lot 1 Street Address: 2980 Cove Drive Current Zoning: R2 KJBC 1780 W. Proposed Zoning: Business KIBC 17.90 Q Applicable Comprehensive Plan: A.Kodiak Island Comprehensive Plan Update 2008 Q Explanation of the need&justification fora 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 PremierMechanica).The ownerof this property has no intention to ever use the R2 portion of the lot as the Comprehensive Plan calls for.In fact,the opinion of the property owner is that this parcel U not condudve to a residential use(1)Because 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 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 operate there will continue to do as they do currently.There will be no added traffic,noise or wear and tear on the road. Date. y 2- Signature: Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 250 of 369 AGENDA ITEM #9.A. CDD Staff Certification Date: COD Staff. n Payment Verification Fee Payable in Cashier's Office Room f 104-Main floor of Borough Building Not Applicable r 50.00 Less than 1.75 acres: F 5350.00 1.76 to 5.00 acres: F 5750.00 5.01 to 40.00 acres: r $1,000.00 40.01 acres or more: F 51,500.00 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 251 of 369 AGENDA ITEM #9.A. PAYMENT DATE O Kodiak Island Borough U BATCH NO. 04/0112014 710 Mill Bay Rd. V 2014-00000541 COLLECTION STATION Kodiak,AK 99615 RECEIPT NO. CASHIER 2014-00001061 RECEIVED FROM CASHIER ALAGNAK, INC. Teresa Medina DESCRIPTION PID 21114 REZONE APP w._JPAYMENTpCODEL„ � dt.r .�- RECEIPT DESCRIPTION ,,"w . e`?' GTRANSACTION'AMOUNT}-' Subdivision Fee Subdivision Fee $35000 PIO 21114 REZONE APP Payments: Type Detail Amount Check 20023313 $350.00 1. As p yraur" tekos;Ae/Gistrect0 Gontp 740 , e xrnepr leR+70,u 4.44/ Total Amount: $350.00 Printed by:Teresa Medina Page 1 of 1 04/01/2014 02:26:29 PM Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 252 of 369 AGENDA ITEM #9.A. a e.,o Kodiak Island Borough ` i :Print Form; :) Submit by Email (( �'°b7'�� Cbmmuniry Development Department 4� .F . 710 Mill Bay Rd.Pm 205 a Kodiak AK 99615 Ph.(9071 486-9362 Fax(907)486-9396 httod/www.kodlakakus PROP_ID a)I i Y Application for Rezone KIBC 17.205 The following information is to be supplied by the Applicant Property Owner/Applicant: l A /Q`n//1(/ ,p' ) �ic . Mailing Address: , 9-7a ~'y1 0 ,a(C' / id 4 f y K,Alk t, Phone Number. , „"/f0CCC"'"""�»,q2 /� Other Contact email,etc.; 1�(lY�'i\/N)?(U P1P l: ai rij+, Legal Description: Subdv: Q �(�(non i y r Block Lot / Street Address: 99&80� 1YIt �,w!, -)d la G` ^ �� Current Zoning: /C," OC Q Proposed Zoning: e Y EE3J_S a Applicable Comprehensive Plan: q Explanation of the need&Justification for a change or amendment of zoning: 61/a-ell)a Cuing &Y/i c Dre',21e.iiA 7Pd ro,per` f 0/3-H /Of r9 . / i.S' /iL Op 7 c-(�n( 7 ✓ One- toa-reei n-1 Q/)rK (A )Nit; pi- 2 r-t�az-ai!S'C 1 r.4• pert( Uv,ircSP O iS .(1P /14 lac a ,irL ,cin 1Z'Je 0 hr On (l)fiv(f(cfraf t,It 1,0Ni tle -For • / ho v/ , c r)e Ot.,nc? . 71,7P�e 4ti.eD infPi2 rx/ Chi p �he_ �'G(rr?e ace ®r n �I f l.l (lie A71) fit? c n«rat (19 i ea �„� s. Explanation of the effect such a cha Ar amendmentw have on the objectives of the appli bie comprehe lve plan: `11 e- )A 1 fit 11 d e ,/)P_ 12 0 ,P 19i C( 711 " L- (IA i L ��P. /`7(1 .271-P /7PJ917t�','1 lot . Dale:N ( /// Signature: / Signatmoi---F J , 7 )U nfll Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 253 of 369 AGENDA ITEM #9.A. (4) 'e. )ira_dt Maley �l.icflad � rh liycyte4se_ 4ti -©, krooe4o_AO`'eii/y CDD Staff Certification c/ ( "1 Date: di/i/iy CDD Staff. "ht, 14/ Payment Verification Fee Payable in Cashier's Office Room N 104-Main floor of Borough Building �1)J -3313 i0 Not Applicable r $0.00 PAID / Less than 1.75 acres: [" $350.00�.r PAIJ p 1.76 to 5.00 acres: r $750.00 CCC N^9 sM 5.01 to 40.00 acres: r $1,000.00 APR 1_. 2814 IN 40.01 acres or more: r $1,500.00 KODIAK ISLAND BORGUG FINANCE DEPARTMENT Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 254 of 369 AGENDA ITEM #9.A. Kodiak Island Borough ,,'d lit��,,�'j" Office of the Borough Clerk /�' 710 Mii! Bay Road • A 3 ' t Kodiak, Alaska 99615 g' 'F_ Phone(907)486-9310 Fax (907) 486-9391 clerks@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, October 2, 2014, 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. 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. If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks(@kodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 3 p.m. on October 2, 2014. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2015-04 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 255 of 369 AGENDA ITEM #9.A. 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. � u a c# m^ r �a • //� ittgIt�n m d $ii I S' U SS 3465 ci 41SSUSa63 3218 it i — w t F. 14.,, ., #M103 0 l9 a` eu aO ®® ,OM1 erFSiF1E�N:]I 47 F . al ossa J`M1 M1 ®,,• Ugs 4 b65 21 4411 67 J. a i1 fi y 'M1 Legend , KIX Subject Parcel '''t • Kodiak Island Borough GIS System -4y 0 155 37z MO 1,110 t, Fee( j :Y nm was pp95'mmtt WYX esti Nturit 018 Est 0 spcmkiedI 0 WIRE non Me res balm r•[met,UNN or K s Ion Fna.,. t ne0 Om L Rpverea'mei Akre nt.'I@ec est the=no IS Cr,to cased Mcoir]re 46p via 6.1.2,Cr Cent-et i'X7142.4311 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 256 of 369 AGENDA ITEM #9.A. PUBLIC HEARING FORM 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. ❑ This is in support of the amendment. ❑ This is in opposition of the amendment. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerks@kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Cleric's Office, 710 Mill Bay Road, Room 101. Kodiak, AK 99615 prior to 3 p.m.on Thursday,October 2,2014. Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 257 of 369 AGENDA ITEM #9.A. First_Name Last_N ame Mail_Line_ Mail_City Mail_StatE 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 CIR KODIAK AK 99615 KELSEY CHATSKI 4026 LUNAR DR 4A2 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 PULP 5620 GRAND TETON LOOP ANCHORAGE AK 99502 MICHAEL HERTER 490 SHAHAFKA CIRCLE KODIAK AK 99615 JDA 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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 258 of 369 AGENDA ITEM #9.A. 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 15r 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 P8Z Regular Meeting) Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1, Alagnak Acres Subdivision from Urban Residential toCommerciallBusiness (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 Atagnak 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 respgnse_to COMMISSIONER SCHMITT'S inquiry of did the applicant review staffs. : ecornmehdation and if-he agrees it is currently zoned R2, Mark'Af deison"stated he. 7/16/2014 P&2 Minutes Page 2 of 8 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 259 of 369 AGENDA ITEM #9.A. • continues to believe it is zoned Business because of the ordinance, there hasn't been repeal of the ordinance,and this problem needs to be fixed., Discussion ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 43., 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 hexing&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 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 260 of 36g AGENDA ITEM #9.A. From: Bud Cassidy To: Nova Javier Subject: Additional info for the Assembly Date: Thursday,September 25,2014 10:58:05 AM Attachments: 2onina and Como Plan Case Disrussion.odf statute-Como Plan revisions Ddf Nova— Can you provide Assembly members with the information attached. Thanks Bud Mayor and Assembly members At your last meeting there was some uncertainty about the need to change the comp plan prior to voting on a change of zoning for a parcel. I asked Bob Pederson,CDD Director to provide me with additional information that I could pass on to you that shows a clear link between the need to change the comp plan prior to changing the zoning category of a parcel. You will read in the attachments provided that the comprehensive plan is the blue print for how and where community growth occurs. The value in composing the 2008 Comprehensive Plan, is that it truly is a community oriented plan.The meetings were well attended by the public, issues debated and decisions made about future development in the Borough.Additional hearings were again held before the commission and the Assembly before plan adoption.This is a monumental effort by the community and courts have ruled that land use changes proposed for a community should be made in accordance with an adopted plan. Decision developed by staff and made by the commission have their basis in this document. Development requests are analyzed using this document by COD staff versus applying one's own personal bias in making a recommendation to the Commission. But that does not mean that the zoning identified in the comp plans cannot be changed. Sure it can and the zoning of parcels do change, but prior to such a change,the comp plan, but ordinance and giving the public the right to weigh in, must be amended. The following reference are also provided: 1. KIBC 17.10.020 Reference and Use—that states: In accordance with Alaska Statutes,zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 2. Alaska Statutes 29.40.040(attached) 3. Court case:Griswold v.City of Homer 925 P.2d 1015 Supreme Court of Alaska. Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 261 of 369 AGENDA ITEM #9.A. Faced with an allegation of spot zoning, courts determine first whether the rezoning is compatible with the comprehensive plan or,where no plan exists,with surrounding uses. Courts then examine the degree of public benefit gained and the characteristics of land, including parcel size and other factors indicating that any reclassification should have embraced a larger area containing the subject parcel rather than that parcel alone. No one particular characteristic associated with spot zoning,except a failure to comply with at least the spirit of a comprehensive plan, is necessarily fatal to the amendment 4. Also attached are two cases,that though are not directly on point,do cite the need to have zoning requests to be consistent with the comp plan. I have attached them for you review and highlighted those pertinent sections. All that said,we feel comfortable that the process and sequence that applicant's follow to have the zoning changed on a parcel is the correct one: 1.The Assembly review of a change in the comp plan occurs first; 2. Review of the actual rezone of the parcel occurs next. Should you have any questions, Director Bob Pederson will be in attendance at Thursday's work session. Thanks Bud Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 262 of 369 AGENDA ITEM #9.A. Alaska Statutes: AS 29.40.040. Land Use Regulation. Page of I (fs. r- ALASKA LEGAL R_L5OUtCE CENTER_ t Oars Law lI statutes,a MonSuite a 1 conanutiom 31 Mtscenaneous if Stank I v eq uts Advertising with us can place you In front of thousands of visitors a day.Learn more aright much redo Solutions r-a .. 9k Tntttt•wir Boared Alaska Statutes, Title 29.Municipal Government Chanter 40.Planning,Platting,and Land Use Regulation Section 40.Land Use Regulation. previous:Section j,,Q.Comprehensive Plan. nextSertinn 50.Appeals From Administrative Decisions. AS 29.40.040. Land Use Regulation. (a)In accordance with a comprehensive plan adopted under AS 29.40.030 and to order to Implement the plan,the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include,but are not limited to, (1)zoning regulations restricting the use of land and Improvements by geographic districts; (2)land use permit requirements designed to encourage or discourage specified uses and construction of specified structures,or to minimize unfavorable effects of uses and the construction of structures; (3)measures to further the goals and objectives of the comprehensive plan, (b)A variance from a land use regulation adopted under this section may not be granted if (I)special conditions that require the variance are caused by the person seeking the variance; (2)the variance will permit a land use In a district In which that use Is prohibited;or (3)the variance Is sought solely to relieve pecuniary hardship or Inconvenience. All content(0 2008 by Touch N'Gp/arioht Solutions Inc. Note to HTML Version: This version of the Alaska Statutes is current through December,2007.The Alaska Statutes were automatically Converted to MTML from a plain text format.Every effort has been made to ensure their accuracy,but this can not be guaranteed.If It Is critical that the precise terms of the Alaska Statutes be known,it Is recommended that more formal sources be consulted.For statutes adopted after the effective date of these statutes,see,Alaska State Legislature If any errors are found,please a-mall Touch N'Go systems at p-mall.We hope you find this Information useful. This page has been updated:08/26/2011 16:53:34 http://www.touchngo.corn/Iglcntr/akstats/Statutesffitle29/Chapter40/Section040,htm 9/24/2014 Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 263 of 369 AGENDA ITEM #9.A. Page I ®� LexisNexis% LAZY MOUNTAIN LAND CLUB,Appellant and Cross-Appellee,v.MATANUS- KA-SUSITNA BOROUGH BOARD OF ADJUSTMENT AND APPEALS,Appellee and Cross-Appellant. No.4242,Supreme Court Nos.S-5713,S-5714 SUPREME COURT OF ALASKA 904 P.2d 373; 1995 Alas.LEXIS 97 September 1, 1995,Decided SUBSEQUENT HIS'T'ORY: [**1] Petition for and that by its own terms it is not applicable to 1,M1,C's Rehearing Denied October 27, 1995. proposed land use. PRIOR HISTORY: Appeal from the Superior Court I.FACTS&PROCEEDINGS of the State of Alaska, Third Judicial District, Palmer, Lary Mountain Land Club owns a 16.9 acre tract of Beverly W. Cutler, Judge. Superior Court No. land near the intersection of the Parks Highway and Ilyer 3PA-91-852 Civil. Road. ' This tract is located in the Twinouk subdivision DISPOSITION: AFFIRM of the Matanuska-Susitna Borough(Mat-Su or Borough). I The official designation of this tract of land is COUNSEL: Charles E. Tulin, Anchorage, for Appel- Tract A, Twinook Subdivision 69-136, Section IanVCross-Appellee. 17,TI7N,RIE,Seward Meridian,Alaska. LMLC intends to operate the land as a private Michael Gatti, Matanuska-Susitna Borough Attorney, commercial refuse area doing business as the Dead Palmer,for Appellee/Cross-Appellant. Building Cemetery.The facility would function primari- ly as a disposal site for construction and demolition JUDGES: Before: Moore, Chief Justice, Rabinowitz, wastes. According to LMLC, the site was chosen be- Matthews,Compton and Eastaugh,Justices. cause of its proximity to Anchorage as well as to nu- merous gravel pits and other sources of construction ma- OPINION BY: RABINOWITZ terials. With a low enough tipping fee it would be an economically viable disposal site for demolition waste OPINION from buildings which had been torn down in Anchorage. [**3[ On their return trip "trucks bringing debris to the [*375]OPINION new burial site could back-haul sand and gravel to the RABINOWITZ,Justice. profitable Anchorage market." Lazy Mountain Land Club (LMLC), a limited part- In July 1989, LMLC applied to the Alaska Depart- nership, appeals the denial of a conditional use permit by ment of Environmental Conservation (DEC) for the nee- the Matanuska-Susitna Board of Adjustment and Ap- essary solid waste disposal [*3761 permit. ' A permit peals. LMLC argues that MSB 17.60, the borough zon- was issued by DEC on June 28, 1990. ing ordinance requiring the permit, is invalid because it 2 This application was superseded by an was not adopted "in accordance with" or "in order to amended application dated May 16, 1990. implement" a validly enacted comprehensive plan as required by AS 29.40.040. Alternatively, LMLC argues LMLC also applied to the Mat-Su Planning Com- both that MSB [**2[ 17.60 is unconstitutionally vague, mission for a conditional use permit. Mat-Su Borough Code (MSB) 17.60.030 (1990) states that a conditional Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 264 of 369 AGENDA ITEM #9.A. Page 2 904 P.2d 373,*; 1995 Alas.LEXIS 97,** use permit is required for land uses which are"potential- 1990,the Borough issued a stop work order after ly damaging to the property values and usefulness of at least one truck-load of construction debris was adjacent properties and/or potentially harmful to the pub- allegedly deposited at the site without the neces- lie health,safety and welfare."The only enumerated land sary conditional use permit. Likewise, the DEC uses for which a permit is required under this section are issued a notice of violation on July 27, 1990, "junkyards and refuse areas."MSB 17.60.030(A)(I). stating that LMLC was not in compliance with its After a public hearing, on November 27, 1989, the permit and prohibiting the acceptance of any more waste until the conditions of the permit Planning Commission issued a resolution denying were met. LMLC's permit application. ' LMLC [**4] appealed [**61 this decision to the Borough Board of Adjustment and 7 MSR F3oard of Adjustment and Appeals Res- Appeals (BOAA). ' The BOAA dismissed the appeal, finding that MSB 17.60 was a legal and binding ordi- olution 91-01 (Aug.2, 1991). nance and that it did not have jurisdiction to pass on the The Borough moved for reconsideration of the ordinance's constitutionality. BOAA decision. After a hearing on the issue, on No- vember 6, 1991, the BOAA reversed its earlier decision 3 MSB Planning Commission Resolution and denied the conditional use permit. In its findings of 89-124(Nov.27, 1989). fact, the Board found,inter alio, that LMLC had operat- 4 MSB 15.38.020(B)gives the BOAAjurisdic- ed the landfill without fulfilling the conditions required lion to hear appeals from the Planning Commis- by either the DEC permit or the 130AA's resolution.The sion on requests for a conditional use permit.Any 13OAA's Notice of Decision states, "There exists no evi- interested party, including the applicant,may file dente,on the record,that will substantiate a finding that an appeal within fifteen days of a Planning Lazy Mountain Land Club will operate in a manner that Commission decision. MSB 15,38.120. is not harmful to either the public welfare or health. In December 1990, LMLC reapplied to the Plan- therefore, . . . the conditional use permit can not be ning Commission for a conditional use permit. With the granted." exception of some minor changes, this application was LMI,C filed a notice of appeal to the superior court. substantially similar to the application which had been ° It challenged the validity of [*377] MSB 17.60 due denied in 1989. The 1990 application was in two parts, to Mat-Su's alleged lack of a comprehensive plan,argued requesting first that the Commission determine whether that MSB 17.60 was void for vagueness,and argued that LMLC's proposed use required a permit under MSB MSB 17.60 was not applicable to its proposed land use. 17.60. Second, if the Commission determined that MSB The superior court affirmed BOAA's denial of the condi- 17.60 was [**5] applicable, LMLC requested that the tional use permit, holding for the Borough [*47] on all permit be granted.The Planning Commission found that issues except Mat-Su's claim that laches bared the suit. MSB 17.60 was applicable and once again denied LMLC LMLC now appeals and Mat-Su cross-appeals. a conditional use permit.' 8 Alaska Statute 29.40.060 and MSB 1538.230 5 MSB Planning Commission Resolution provide that an aggrieved party may appeal to the 91-23(May 20, 1991). superior court a decision by the BOAA to grant LMLC appealed this decision to the BOAA. ` A or deny a conditional use permit. Such an appeal hearing was held, and this time the BOAA reversed the is "heard solely on the record established . . , by Planning Commission's determination. ' However, the the board of adjustment. ..."AS 29.40.060(b). as BOAA determined that approval of the conditional use 9 In cases where "the superior court acts ce an penmit application was subject to the fulfillment of elev- intermediate court of appeal, no deference is en conditions. 'these conditions were aimed primarily at given to the lower court's decision. Instead we ensuring that LMLC obtained the necessary state and independently scrutinize directly the merits of the federal permits, that there would be no ground-water administrative determination." Tesoro Alaska De- contamination,and that adequate assurance was provided troleurn Co. v. Kenai Pipe Line Co., 746 P.M of LMLC's capability to finance remediation efforts in 896, 903(Alaska 1987)(citations omitted). the event of inadvertent contamination. II.DISCUSSION 6 However, LMLC apparently began using the site commercially prior to receiving the necessary A.Laches permit. Both the Borough and the DEC cited Initially, we address the Borough's argument on LMLC for its activities at the site. On July 18, cross-appeal that LMLC was barred from challenging Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 265 of 369 AGENDA ITEM #9.A. 904 P.2d 373,*; [995 Alas.LEXIS 97,** Mat-Su's comprehensive plan by laches. Laches prevents v. State, Dep'! of Natural Resources, 723 P.2d a plaintiff from bringing a claim if the defendant can 1281, 1288(Alaska 1986). show "(I) that the plaintiff[**8] has unreasonably de- [1'4101 The planning and zoning process as en- layed in bringing the action,and(2)that this unreason- acted by the Alaska Legislature is typical of most state ble delay has caused undue harm or prejudice to the de- zoning statutes. It envisions a hierarchical process in fondant""' which the comprehensive plan serves as a "long-range 10 City and Borough of Juneau v. Brock, 706 policy guide for development of the [municipality] as a P.2d 313.315(Alaska 1985). whole." The plan is then implemented through zoning decisions. " Additionally, the existence of a comprehen- The superior court summarily dismissed the Bur- sive plan helps to"guard against prejudice,arbitrary de- ough's defense of laches.The court stated: cision-making, and improper motives" by providing [*378] substantive standards against which to measure The parties have thoroughly briefed the individual zoning decisions." underlying issue, and resolution of the underlying issue by the courts probably 12 Donald (1. Hagman, Urban Planning and will benefit the parties and the public.'rhe Land Development Control Law 42(1971). court also rejects the borough's assertions 13 See 1 Robert M. Anderson, American Law that estoppel and Inches should preclude of Zoning§ 5.02, at 263 (2d ed. 1976)("The no- consideration of the underlying issue. tion that zoning regulations should be imposed only in accordance with a comprehensive plan is founded on the basic premise that zoning is a Without addressing the merits of the Borough's ar- means rather than an end.The legitimate function gument regarding LMLC's delay, we note that we agree of a zoning regulation is to implement a plan for with the superior court that a decision on the underlying the future development of the community."). issues will benefit the parties and the public by deter- 14 South Anchorage ConcerAl Coalition, Inc. mining the validity of the Borough's planning process. v. Coffey. 862 P.2d 168, 174 (Alaska 1993); see Because we resolve these issues in favor of the Borough, also ftosefrr v. County of Washington, 254 Ore. it was not prejudiced by the superior court's decision that 161, 458 zoningP.2d 405, 409((Jr. 1969)el Many of the laches did not bar the["9] suit and any error would be evils in ce uponctice can be ameliorated by a Harmless. judicial insistence upon the zoning board's com- pliance with the statutory requirement that any B. Was MSB 17.60 Validly Enacted? changes in the zoning ordinance be made 'in ac- cordance with a comprehensive plan."). LMLC's primary argument is that MSB 17.60 was not validly enacted because the Borough does not have a 19 rs vision of land use regulation ise ant comprehensive plan. Alternatively, LMLC argues that dent in Alaska's statutory language. " The ivereqplanemem even if the Borough's 1970 plan could be considered a that the municipality adopt a comprehensive is comprehensive plan, this document was adopted by res- found in AS 29.40.030(6), which states that "with the olution rather than ordinance as required by the enabling recommendation of the planning commission, the n." statute, and is therefore invalid. Because AS 29.40.040 sembly shall adopt by ordinance a comprehensive plan." would seem to require the adoption of a comprehensive in (Emphasis added.)The statute defines a comprehensive development plan prior to the adoption of zoning ordi- plan as nances, LMLC contends that the adoption of such an a compilation of policy statements, ordinance without a validly adopted plan is ultra vires. goals,standards,and maps for guiding the physical, social, and economic develop- I. Adoption of a comprehensive plan must precede en- menu, both private and public, of the first actment of zoning ordinances" or second class borough,and may include, 11 This question is one of statutory interpreta- but is not limited to,the following: tion.Where,as here,the interpretation of a statute does not require the special expertise of the agency charged with administering the statute, this court will exercise its independent judgment to determine whether the agency has complied with the statutory requirements. Alaska Survival Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 266 of 369 AGENDA ITEM #9.A. Page 4 904 P.2d 373,4; 1995 Alas.LEXIS 97," (I) statements of poli- tive Displays Inc. v. City of Florence, 602 S.W.2d cies,goals and standards; 682(Ky. 1980);Smith v.Skagit County, 75 Wash. 2d 715, 453 P.2d 832(Wash. 1969). (2)a land use plan; This court ("13[ has endorsed this view of the relative roles of planning and individual land use deci- acommunity facilities sions in a separate but analogous context -- public land plan; management. In Alaska Survival v. State, Department of Natural Resources, " we invalidated the classification (4) a transportation plan; and disposal of public land for agricultural homesteading and because the decision to dispose of the land had preceded (5) recommendations for the adoption of a regional plan. As we stated in Alaska implementation of the .Survival: comprehensive plan. To interpret these provisions to allow classification and disposal before regional planning defies logic.It makes little sense to require comprehensive regional plan- AS 29.40l130(o). ning atter the relevant land use decisions already have been made... . 15 When the words of a statute are clear and unambiguous, their plain meaning will be given Mat-Su is correct in pointing out that the public lands effect. See White v. Alaska Ins. Guar. Aas'n, 592 planning requirement in AS 38.04.065 is more specific P.2d 367,369(Alaska 1979). l6 Additionally AS 29.35./80'x) requires that than the municipal planning requirement in reference to "[a] rst or second class borough shall provide the substantive standards which the planners should ap- for planning, platting, arid land use regulation in P1Y '0 However, this in no way alters the "logic" of re- accordance with AS 29.40." quiring planning to precede the individual land use deci- sions. [<x12] 18 The authority to enact zoning regulations such as 19 723 P.2d 1281 (Alaska 1986). MSB 17.60 is found in AS 29.40.040(x0,which states: 19 Id. of 1289. 20 AS 38,04.065(6) lists eight substantive cri- [n accordance with a comprehensive teria which the Commissioner of Natural Re- pan adopted under AS 29.40.030 and in sources should consider in adopting regional and order to implement the plan, the assembly site-specific land use plans. by ordinance shall adopt . . . provisions [*'14] We therefore hold: (I) that the plain Ian- governing the use and occupancy of land guage of AS 29.40.030(6) is mandatory ['379] and that may include,but are not limited to requires that the municipality adopt a comprehensive plan; " (2) that AS 29.40.040 requires that the plan be adopted prior to zoning regulations; and(3) where zon- (2) land use permit requirements de- ing is enacted prior to the adoption of a comprehensive signed to encourage or discourage speci- plan,these statutory sections require that a legal remedy fled uses . . . or to minimize unfavorable be imposed." effects of uses.... 21 The superior court held without explanation, that the language in AS 29.40.030-040 is directo- (Emphasis added.)LMLC cites numerous cases in which ry rather than mandatory. The Borough also other state courts interpreted similar statutory language makes this argument relying on City of Yakutat v. and found that "the adoption of a comprehensive Bevel- R}mtart, 654 P.2d 785 (Alaska 1982), where this opment plan is a necessary prerequisite . . . for the adop- court held that a state statute establishing a time tion of county zoning regulations." n by which municipalities were to issue their tax assessments was directory and therefore did not 17 Allen v. Flathead County, 184 Mont. 58, bar a "late" assessment. The court considered 601 P.2d 399, 401 (Mont. 1979);see also Crea- three factors in determining that the statute was Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 267 of 369 AGENDA ITEM #9.A. p °Sx' 904 P.2d 373,*; 1995 Alas.LEXIS 97,** directory rather than mandatory: (I)that the stat- a reasonable mind might accept as adequate to utory wording was affirmative rather than prohib- support a conclusion." Fields v. Kodiak City itive; (2) that the legislative intent was to create Council, 628 Ptd 927, 932(Alaska 1981). "guidelines for the orderly conduct of public f+>16] LMLC's next argument challenging the va- business;" and (3) that serious, practical corec lidity of the Borough's planning process is that the doe- quences would follow from a finding that the ument entitled "The Matanuska-Susitna Borough Com- statute was mandatory.Id at 789-91. prehensive Development Plan," adopted by resolution in Although the statutory command at issue in 1970 (the 1970 plan), along with the other documents the present case is an affirmative one, we believe which Mat-Su offered as evidence, do not constitute a AS 29.40.030 is mandatory. First, the Borough "comprehensive"plan as required by AS 29.40.030(a). has provided no evidence of any legislative intent that this statute was meant to be directory. Sec- Mat-Su argues that "the 1970 comprehensive plan is end, "the procedural steps required by the state but one element of the plan that, along with the other zoning enabling statutes usually are regarded as documents drafted by Mat-Su, encompass the elements mandator I Robert M. Anderson, American of Mat-Su's comprehensive planning process." 'The oth- Y er documents"referred to by Mat-Su are catalogued in an �}1y;S7LLow of Zoning§4.03,at 185(1976). affidavit by John Duffy,the Borough Planning Director. at"-' These include comprehensive transportation and public 22 We do not hold that all zoning decisions made in the past that were made prior to the facilities plans,"city plans for Houston,"Palmer,"and adoption of a comprehensive plan are invalid.For plans a, " as well as numerous other area and facilities example, where the municipality has subsequent- plans. ly adopted a comprehensive plan, and the preex- 24 These were both enacted by ordinance. fisting zoning ordinance rationally complies with MSB Ordinance No. 85-4 (Feb. 5, 1985); MSB that plan,the landowner is not prejudiced and any Ordinance No.84-61 (July 3, 1984). defect is cured. However, where a municipality attempts to enact zoning regulations presently in 25 City planning is accomplished via acooper- the absence of a validly enacted comprehensive alive effort between Mat-Su and the respective plan, the action is unlawful. We need not reach city with the final comprehensive plan approved the question of what remedy or remedies might by the Mat-Su Borough Assembly. The City of be appropriate in such a case. Houston plan was adopted by MSB Ordinance No.81-151 (June I, 1982). .'MaZ'-Sti.9ioe planar (°'17] 26 MSB Ordinance No. 88-012 (Feb. 16, 23 This issue presents a mixed question of law 1988)' and fact. First, this court must answer the legal 27 MSB Ordinance No. 86-015 (March 4, question of what constitutes a sufficient compre- 1986)' hensive plan under AS 29.40.030. We must then LMLC argues that a"comprehensive plan"must be address the factual issue of whether or not of"wide scope." It states that the presence of city plans Mat-Su's plan comports with this standard. In ad- does not diminish the obligation of the Borough to adopt dressing the first question we apply the reasona- a single area-wide plan which covers the entire munici- ble basis standard of review. The legal question pality.Without such a plan in place there is no guarantee of what comprises a sufficient comprehensive that city plans will not conflict with each other. Finally, plan requires an evaluation of the specific plan- LMLC argues that the single most important part of ning needs of the municipality.This judgment is ['380] the plan, the borough-wide land use plan, was within the sphere of expertise of the Planning never adopted by ordinance. Commission and the BOAA and therefore is esti- As discussed above, AS 29.40.030(a), which de- tled to considerable deference. South Anchorage fines "comprehensive plan," states that the plan "may Concerned Coalition, 862 P.2d al 168 n.12; see include, but is not limited to," numerous different ele- also infra notes 67-69 and accompanying text (discussing why reasonable basis review is ap- mens including,inter alia,a statement of policies,a land propriate for Planning Commission decisions). use plan, and a community facilities plan. Thus, while the Borough is required to adopt a plan,the statute leaves As to our review of the BOAA's factual it within the Borough's discretion what elements to in- findings, we apply the substantial evidence test. elude within that plan. This allows planners to fashion Substantial evidence is"such relevant evidence as the plan to the needs of the community, which in nirn Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 268 of 369 AGENDA ITEM #9.A. Page 6 904 P.2d 373,*; 1995 Alas.LEXIS 97," will be affected by such factors as population [**18] ments which it claims comprise the plan. Because the density, topography, and the local economy. In light of enactment of an ordinance allows the public an oppor- these factors, it may make sense,and would be statutori- [unity for notice and comment, LMLC contends that the ly permissible,to engage in more detailed land use plan- Borough may not rely on "resolutions" to adopt its cam- ping of population centers in the borough,while limiting prehensive plan. the planning efforts with regard to the entire borough to a Alaska Statute 29.25.0 requires that certain acts by statement of policies. a municipality must be done by ordinance. " Among 28 This illustration is meant to show an exam- those acts which are enumerated is the adoption,modifi- ple of what is sufficient under the statute, not cation or repeal of a municipality's comprehensive plan. what is necessary. The determination of whether "Alaska Statute 29.25.020 provides detailed procedural a borough's plan is "comprehensive" is a factual requirements which must be followed in the adoption of one and therefore requires an examination of the an ordinance. These include, inter alia, that the nrdi- individual facts and circumstances in each case. nance be introduced in writing, "that notice of the pro- posed ordinance he published,'and that a public hearing Nor does the fact that the various elements of the be held before its adoption at which all interested persons plan were adopted in a piecemeal fashion affect our de- may speak. " Because it must be enacted as an ordi- termination as to whether, as a whole, they comprise a nance, the adoption of a comprehensive plan must comprehensive plan."While Alaska's statute is silent on [*3811 satisfy all of the procedural requirements listed this issue, the Standard City Planning Enabling Act, as in AS 29.25.020. well as the planning acts of California,Illinois,New Jer- sey, and Connecticut, all explicitly authorize piecemeal 33 AS 29.25.0(6) specifically states that "this adoption of the comprehensive [**l9] plan. '°Such an section does not grant authority, but requires the approach recognizes the limited budgets of municipal governing body to use ordinances in exercising entities, the ongoing nature of the planning process, and certain of its powers." the fact that in certain instances different elements of the ["*21] plan are dependent on each other and therefore that se- 34 AS 29.25.0(a)(6). quential enactment might be desirable." 35 AS 29.25.020(a). 36 AS 29.25.020(6)(3). 29 See generally 3 Robert M. Anderson, 37 AS 29.25.020(6)(2),(5). American Law of Zoning § 21.1 I, at 601-02 (2d Mat-Su makes two arguments as to why the court ed. 1977). should uphold the validity of the 1970 plan despite the 30 Id. fact it was never adopted as an ordinance.First, it argues 31 For example, the decision to encourage res- that there is a presumption of validity as to all municipal idential development in a particular area or the actions and that the burden of proving otherwise is on the municipality may affect the placement of public person trying to show their invalidity. Because LMI,C facilities or the development of a specific type of has not provided any evidence that notice and hearings transportation system. were not held on the 1970 plan,the court must presume In light of the broad discretion left to the mind- it was validly enacted. pality in the composition of the plan and the substantial The Borough relies heavily on Liberati v. Bristol evidence in the record regarding the Borough's planning Buy Borough" for this argument. In Liberati, this court efforts,we hold that Mat-Su has satisfied the requirement applied the presumption of validity and concluded that a that it enact a comprehensive plan. public hearing that was noticed was actually held, and 3.The enactment of plat-Sue comprehensive plan" therefore that the challenged ordinance was validly en- acted. In contrast, in the present case the Borough is try- 32 This is a question of law which lies squarely ing to use this presumption to metamorphize a resolution within the sphere of judicial competence. In such into an ordinance. Professor McQuillin notes that the a case. courts do not defer to an agency's inter- enactment of a resolution generally does not require the pretation, but instead apply their own "independ- same formal [*"22] procedures which are required to ent judgment." Kjarstad v. State, 703 Ptd 1167, enact an ordinance. Therefore, "a municipal corporation 1170(Alaska 1985). cannot accomplish by resolution. ..that which,under its ["20] LMLC's final argument regarding the charter, it can do only by an ordinance." "This distinc- planningprocess is that the 13orough failed to adopt by tion is evident in our statutes. The procedural require- ordinance the 1970 plan and some of the other docu- ments for enacting an ordinance are detailed supra. The only requirement with regard to resolutions,on the other Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 269 of 369 AGENDA ITEM #9.A. Page 7 904 P.2d 373,*; 1995 Alas.LEXIS 97,** hand, is that the governing body maintain a permanent as instruments of borough policy: (1) Matanuska-Susitna file of all resolutions which have been adopted."In light Borough Comprehensive Development Plan, adopted of the fact that the 1970 plan was adopted as a resolution [*382] 1970, as amended . . ." This section was rather than an ordinance,and that the Borough presented adopted by ordinance after a public hearing." no evidence that a hearing was held,there is no reason to believe that the requirements of AS 29.25.020 have been 45 Although this argument was not raised by met. the Borough, "this court . . . may affirm a judg- ment of the superior court on different grounds 38 584 P.241115(Alaska 19781 than those advanced by the superior court and 39 5 Eugene McQuillin, McQuillin Municipal even on grounds not raised by the parties in the Corporations § 15.02, at 56 (3d ed. 1989); see superior court." Native Village of Eyak v. GC also International Assn of Firefighters Local Contractors, 658 P.2d 756, 759(Alaska 1983). 1596 v. City of Lawrence, 14 Katt App. 2d 788, ["25] 798 P24 960, 966(Kan.App. 1990). 46 MSB Ordinance 91-078,§3(Aug.6, 1991). 40 AS 29.25.060(a). The ordinance states that a public hearing on this [**23] Mat-Su's second argument is that, even ordinance was held on August 6, 1991. assuming that no hearing was held, it "substantially Generally, "the adoption by reference of documents complied" with the requirement that it enact a compre- in municipal ordinances is valid where the document hensive plan.Therefore the act should not be voided due adopted is sufficiently identified and is made part of the to a minor procedural irregularity. We reject this argu- public record." " In Raymond v. Baehr, °"the Minnesota ment as well. In State v. First National Bank of Anchor- Supreme Court upheld the enactment by reference of a age, " the principle case on which Mat-Su relies, the building code despite the fact that the code itself was not appellant challenged the adequacy of the notice of a published as required by state law. In determining that proposed regulation. We rejected the appellant's claim the code qualified as a public record the Minnesota Su- because the contents of the notice "gave members of the preme Court noted: . public sufficient information to decide whether their in- terests could be affected by the agency action." " Simi- While the exact procedure followed by laxly, in other jurisdictions where the enactment of zon- the city council in adopting the code is not ing ordinances was upheld under a theory of"substantial clear, it appears . . . that the code was compliance," the procedural irregularities can all he drawn by the city engineer and a commit- characterized as minor."Where,on the other hand,there tee of the council,read to the entire body, is no opportunity for public comment on the plan before and apparently approved. These actions enactment because of a failure to hold public hearings, appear to us to be sufficient to qualify it the Borough has not substantially complied with the re- as a public record." quirement that it enact the plan by ordinance.a 41 660 P.24 406(Alaska 1982). f**24] 42 Id. at 425. 43 See, e.g., Jarvis Acres, Inc. v. Zoning Comm'n of E. Hartford, 163 Conn. 41, 301 A.2d 47 5 Eugene McQuillin, McQuillin Municipal 244 (Conn. 1972) (notice was adequate when Corporations§ 16.12,at 194(3d ed. 1989). published in two different newspapers when stat- [**26] ute required publication in a single newspaper on 48 282 Minn.9, 163 N.W.2d 51 (Minn. 1968). two different days);Northern Operating Corp. v. 49 Id. at 53; see also Friedman v. Goodman. Town of Ramapo, 26 N.1.2d 404, 259 N.E.2d 219 Ga. 152, 132 S.E.2d 60, 66(Ga. 1963)(court 723,311 N.15.2(1286(19.1 1970). upheld the adoption of a document in a municipal 44 See Creative Displays, Inc. v. City of Flor- ordinance by incorporation by reference where once, 602 S.W.2d 682(Ky. 1980). the incorporated record was adequately identi- Nonetheless, we believe the 1970 plan was validly lied,accessible to members of the public,and the enacted when it was incorporated by reference into a adopting ordinance gave notice of this accessibti- later borough ordinance."MSB 15.24.030(B)states that tty). "the following comprehensive plans have been adopted Similarly, the 1970 plan qualifies as a public rec- by the borough planning commission and the assembly ord. It was drawn up by the Borough Planning Depart- Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 270 of 369 AGENDA ITEM #9.A. Page 8 904 P.2d 373, *; 1995 Alas.LEXIS 97, ** ment and was adopted as a resolution by the Borough Assembly. Because the borough's citizens had an oppor- 52 Connally v. General Constr. Co., 269 U.S. tunity for comment at a public hearing when MSB 385, 391, 70 L. Ed. 322, 46 S. Ct. 126 (1926) 15.24.030(B)was enacted in 1991,we hold that the 1970 (quoted in State v. O'Neill Investigations, Inc., plan was adopted by ordinance as required by AS 609 P.2d 520,531 n.37(Alaska 1980)). 29.25.0(x)(6). First amendment concerns aside, " the U.S. Su- C.Due Process" preme Court has identified two important [*3831 due process values which are offended when a law is uncon- 50 This court reviews constitutional issues de stitutionally vague: novo and applies its independent judgment. Arco Alaska, Inc. v. .State, 824 P.2d 708, 7 First, because we assume that man is (Alaska 1992). We will adopt "the rule of law free to steer between lawful and unlawful most persuasive in light of precedent,reason,and conduct, we insist that laws give the per- policy." Gain v Ha, 59/ 132d 1281, 1284 n.6 son of ordinary intelligence a reasonable (Alaska/979). opportunity to know what is prohibited . . [**27] LMLC's next claim is that even assuming Second, if arbitrary and discriminatory it was validly enacted,the definition for"junkyard/refuse enforcement is to be prevented, laws must area" in MSB 17.60.0(F) is unconstitutionally vague. provide explicit standards for those who This section defines a"junkyard/refuse area"as apply them. A vague law impermissibly [ 2J] delegates basic policy matters to a location which is commercially used policemen,judges, and juries for resolu- Cor the purpose of the outdoor storage, tion on an ad hoc and subjective basis, handling, dismantling, wrecking, keeping dis r the attendant dangers of arbitrary and or sale of used, discarded, wrecked or discriminatory application." abandoned airplanes,appliances, vehicles, boats, building and building materials, machinery, equipment, or parts thereof, including but not limited to, scrap metals, 53 When a vague law reaches activity protect- wood, lumber, plastic, fiber or other tan- ed by the first amendment, in addition to the due Bible materials. process concerns discussed below, there is a concern that the law will unnecessarily "chill" MSB 17.60.0(F). LMLC argues that this definition en- first amendment rights. See Laurence Tribe, 33-35 compasses such a wide range of potential land uses that (2d ed. 1988)(discussingitLaw § 12-31, at between many landowners would be unable to determine whether these ed.two the distinction between lines of cases). or not the zoning ordinance applied to them. " To show 54 Grtryned v. City of Rockford, 408 U.S. 4, that the statute has been arbitrarily applied,LMLC points 8-9, 33 L. Ed. 2d 222, 92 S. Cr. 2294 (1972) out that no conditional use permit was required for the (footnotes omitted). municipal landfill, a use seemingly indistinguishable from LMLC's proposal. In adopting this analytical framework, this court stated that it will examine"three principal considerations 51 LMLC cites a 1985 statement by the then in determining whether a statute is unconstitutionally Chairman of the BOAA arguing that the ordi- vague." " The first, whether the statute "operate[sl to nance applies to "every commercial use in this inhibit the exercise of first amendment rights," " is not Borough. Every gas station in this Borough out- applicable to the present ease. however, the second, side of a city, every airplane hangar, that's every [**30] whether the statute gives adequate notice of shop, every prefab place, every appliance sales what conduct is prohibited, and the third, whether there place." "has been a history or a strong likelihood of uneven ap- [**281 The United States Supreme Court long ago ap- plication' "are applicable. recognized,"a statute which either forbids or requires the 55 O'Neill, 609 P.2d at 531; see also doing of an act in terms so vague that men of common Levshakoff v.State, 565 P.2d 504,507-08(Alaska intelligence must necessarily guess at its meaning and 1977); Stock v. Slate, 526 P.2d 3, 7-8 (Alaska differ as to its application violates the first essential of /974) due process of law."" Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 271 of 369 AGENDA ITEM #9.A. Page 9 904 P.2d 373,*; 1995 Alas.LEXIS 97,** 56 O'Neill, 609 P.2d at 531. mobile homes at the site. This fits squarely within the 57 Stock,526 Ptd at 8. definition of a junkyard under MSB 17.60.0(F) as a "lo- Additionally, the U.S. Supreme Court determined cation . . . used for the purpose of outdoor storage, him- in Village of Hoffman Estates v. Flipside, Hoffman Es- citing, dismantling, wrecking, keeping or sate of used, tales, Inc. '"that a lower degree of exactitude is required discarded, wreckor abandoned . . . vehicles, boats, for civil as opposed to criminal statutes.Justice Marshall building and building materials. . ."(Emphasis added.) Additionally,the definition of"junk" in MSB 17.60.0(E) wrote for the court: includes "wrecked automobiles, [*384] tools, imple- ments, rags, used building materials, rubber and paper." (Emphasis added.) Finally, in accordance with the U.S. The degree of vagueness that the Consti- Supreme Court's decision in Hoffman Estates, because tution tolerates -- as well as the relative this statute was economic regulation,and because 1,MLC importance of fair notice and fair en- could, and did, avail itself of the administrative process importforceen[-- depend in part on the nature to clarify the statute's applicability, it is clear that[ 33] of the enactment. Thus, economic regula- LMLC had sufficient notice. tion is subject toeless strict vagueness 61 In addition to civil penalties, MSB 17.60 test because its subject matter is often does provide for criminal penalties of up to$500 more narrow, and because businesses, and 30 days in jail for each offense.However,the which face economic demands[**31] to primary enforcement mechanism is the enforce- plan behavior carefully, can be expected ment order which requires the land owner to to consult relevant legislation in advance cease and desist from all activities contrary to of action.Indeed, the regulated enterprise terms of the order.MSB 17.60.2. may have the ability to cloreh the mean- ing of the regulation by its own inquiry, or LMI.C's primary contention with regard to vague- by resort to an administrative process. ness is that MSB 17.60 has been arbitrarily enforced. The Court has also expressed greater tol- With regard to this final consideration, this court has erance of enactments with civil rather stated that it"will not invalidate a statute on vagueness than criminal penalties because the con- grounds absent evidence of a history of arbitrary or ca- sequences of imprecision are qualitatively pricious enforcement." "2 In other words, the court will less severe."' not engage in speculation to find instances where the statute might be arbitrarily applied.Instead it will look to see if there has been a history of arbitrary enforcement or In accordance with this view, we have stated that with if the language of the statute is "so conflicting and con- respect to civil statutes, "all that should be required is fused"s'that arbitrary enforcement is inevitable. legislative language which is not so conflicting and con- fused that it cannot be given meaning in the adjudication 62 Summers v. Anchorage, 589 P.2d 863, 869 process."v, (Alaska 1979) (quoting Levshakoff, 565 P.2d at 507). 58 455 U.S. 489, 71 L. Ed 2d 362, 2 S. Ct. [**34] 1186(1982). 63 Williams, 895 P.2d at 5. 59 Id at 498-99 (emphasis added) (footnotes LMLC fails to make such a showing in this case. omitted) (quoted in Storrs v. State Medical Bd.. LMLC provides no evidence that there are other private 664 P.2d 547,549(Alaska I983)). landfills or other similar land uses which the Borough 60 Williams v. State, Dep? of Revenue, 895 has not required to obtain a conditional use permit. Nor P.2d 99,5(Alaska 1995). is the Borough's failure to require a permit for its public Applying these principles to the present case, we landfill evidence of arbitrary enforcement, because, as conclude that MSB 17.60 is not [**32] void for vague- discussed in the next section, MSB 17.60 only applies to ness. First,as to the notice consideration, even a cursory "commercial"junkyards and refuse areas. Because none reading of MSB 17.60 makes it clear that the ordinance of the considerations suggests that MSB 17.60 is vague, is applicable to LMLC's proposed use. In its pennit ap- we conclude that the ordinance is constitutional. plication, LMLC indicated that seventy percent of its waste would be demolition waste including building de- D. MSB /7.60's Applicability to LMLC's Proposed Land bris and nun-metallic residue from auto salvaging opera- Use tions. LMLC would also engage in the dismantling of Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 272 of 369 AGENDA ITEM #9.A. Page 10 904 P.2d 373,4; 1995 Alas.LEXIS 97,++ LMLC's final contention is that MSB 17.60 is not would put it in violation of MSB 17.60 if this or- applicable to its proposed land use and therefore that no dinance applies. conditional use permit is required.LMLC argues that the [+385] Resolution of this dispute requires the in- ordinance by its own terms applies only tsalvage r- terpretation [+"371 and application of MSB 17.60. This ations and not to landfills where discarded materialiss are court has stated that "when a planning agency does, in buried.°i In support of this argument LMLC points to the fact, provide its interpretation of an ordinance within its fact that no conditional use permit was required for the area of expertise, we will give that interpretation consid- municipicipal landfill, a use "virtually indistinguishable °� from"LMLC's['+35] proposed use.°5 arable deference." Although we have not previously defined precisely what standard of review we will use in 64 LMLC also argues that because zoning or- such cases,we believe that application of the"reasonable dinances are in derogation of common-law prop- basis" test is appropriate. Under this test, the court erty rights, the court should strictly construe "need not find that[the Commission's]construction is the MSB 17.60 in favor of the property owner. only reasonable one, or even that it is the result [the Mat-Su correctly points out that this court reject- court] would have reached had the question arisen in the ed this minority rule in City and Borough of Ju- first instance in judicial proceedings."°' near v. Thibodeau, 595 P.2d 626. 635 n.31 67 South Anchorage Coalition,862 P.2d at 173 (Alaska /979). Instead, the court adopted the n.12. majority rule that "in construing zoning ordi- 68 In explaining why an agency's interpretation nances,the same rules of construction are used as of its own regulation is entitled to great defer- when the courts are construing statutes of the ence,this court has legislature."Id 65 I.MI.0 correctly notes, "In interpreting a noted that the deferential "rea- zoning ordinance,the trial court may consider the sortable basis" standard of review contemporaneous construction of that ordinance is appropriate where a question of by the public officials charged with its admin- law implicates the agency's exper- istration." Corper v. City and County of Denver, 36 Colo. App. 118, 536 P.2d 874, 879 (Cola fisc as to complex matters or as to App. 1975), rid, 191 Cola 252, 552 P.2d 13 the formulation of fundamental (Colo. 1976). This is a specific application of a policy . . . . Where an agency in- general rule that an agency's contemporaneous terprets its own regulation . . . a administrative construction is a valuable aid, hut deferential standard of review not conclusive, in determining the meaning of a properly recognizes that the agen- statute. Wien Air Alaska, Inc. v. Dep? of Reve- cy is best able to discern its intent nue, 647 P.2d87, 90(Alaska 1982). in promulgating the regulation at issue. [++36] Whether the municipal landfill is required to obtain a conditional use permit depends on whether this use falls within the definition of "junkyard/refuse Rose v. Commercial Fisheries Entry area" in MSB 17.60.0(F). Because the definition includes Comm'n, 647 P.2d 154, 161 (Alaska 1982) (cita- only "commercial" locations, the answer turns on the tions omitted). question of whether or not the city landfill is a commer- cial enterprise." Arguably, the same deference should not be given to a Planning Commission because the reg- 66 ee66 Alternatively, the Borough argues that be- ulations being interpreted are enacted by the mu- cause the municipal landfill was in existence as nicipality's council rather than the planning of the date of enactment of the conditional use Commission, AS 29.40.040. However, the ordinance, under MSB 17.60.200 its use would Commission and the BOAA are the municipal be "grandfathered" as a nonconforming use. bodies primarily responsible for planning and LMLC correctly points out in its reply brief that zoning efforts. AS 29.40.020(b) (charging the under the ordinance's "existing nonconforming Planning Commission with the responsibility for use" provision, MSB 17.60.200(C) requires that recommending and administering both the corn- the owner of the property apply for a permit prchensive plan and zoning regulations). In light within t80 days of the ordinance's enactment. of the Commission's and BOAA's roles in the Thus, even if the Borough would have been enti- planning process, and the expertise they develop tied to such a permit, its failure to procure one in administering the municipality's zoning ordi- Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 273 of 369 AGENDA ITEM #9.A. Page II 904 P.2d 373,*; 1995 Alas.LEXIS 97,** nances, deference equal to that accorded to an the Commission could reasonably find that MSB 17.60 administrative agency is appropriate. applies to LMLC's proposed land use and therefore that a [**38] conditional use permit is required. 69 Unemployment Compensation Comm'n of Alaska V. Aragon, 329 U.S. 143, 153, 91 L. Ed. 70 "Commercial" is defined in MSB 136, 11 Alaska 236, 67 S. Ct. 245(1946) (quoted 17.60.0(C) as "any activity where goods or cer- in Pan American Petroleum Corp. v. Shell Oil vices are offered or provided for sale or profit." Co., 455 P.2d 12,22(Alaska 1969)). 71 See MSB 8.04. Applying this standard, we conclude that the Plan- UseSee 6 Patrick .1. Rohan, Zoning and Land Use Controls§44,0/[4](1993). ning Commission could reasonably find that the munici- 73 AS 29.40.020(6)(2). pal landfill was not "commercial" and therefore that no permit was required. 10 Such an exception is justified III CONCLUSION because the operation of the borough landfill is regulated under other sections of the borough code."Additionally, We conclude that the language in AS 29.40.040 re- the underlying purpose of the conditional use permit re- quiring that zoning regulations be enacted"in accordance quirement is to allow the Planning Commission to make with"or"in order to implement"the comprehensive plan, a case by case determination about the appropriateness of requires that the Borough's zoning regulations must be placing a noxious use in a particular arca,as well as the consistent with 1**401 a validly enacted plan. The necessity of imposing particular conditions in order to Borough has satisfied this requirement because the vari- mitigate the impact on neighboring property. " Because ous documents which the Borough Assembly has adopt- the Planning Commission can use other planning devices ed by ordinance together with the 1970 plan which was to ensure the appropriate siting of a municipal landfill, enacted by reference comprise a valid comprehensive and can recommend measures be adopted to regulate the plan.MSB 17.60 is not void [*386] for vagueness and landfill's operation, " the Commission could [**39] therefore does not violate LMLC's right to due process of reasonably conclude that private and public facilities law. Finally,the BOAA could rationally have found that should be treated differently. Thus, there is no evidence MSB 17.60 applies to LMLC's proposed use and there- that there is a conflicting contemporaneous construction fore that a conditional use permit is required. of the statute by the Planning Commission.In light of the fact that the definition for junkyard in MSB 17.60 clearly We therefore AFFIRM the superior court's decision. encompasses LMLC's proposed land use, we hold that Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 274 of 369 AGENDA ITEM #9.A. Page 1 • LexisNexis° 1 of 100 DOCUMENTS JUDY M.PRICE; PAUL H. BRATTON,JR.,Appellants,v. LINDA DAHL, CLERK,MA'l'ANUSKA-SUSITNA BOROUGH,Appellee. No.4326,Supreme Court No.S-6596 SUPREME COURT OF ALASKA 912 P.2d 541; 1996 Alas. LEXIS 22 March 15, 1996,Decided PRIOR HISTORY: [**1] Appeal from the Supe- Comprehensive Plan area is improper. Price and Bratton dor Court of the State of Alaska,Third Judicial District, deny that anything is wrong with their proposed referen- Palmer, Beverly Cutler, Judge. Superior Court No. dum. 3PA-94-00035 Civil. We affirm the trial court's decision on the ground that the proposed referendum election could only be held COUNSEL: Eric Smith,Anchorage, for Appellants. on a borough-wide basis. Michael Gatti, Borough Attorney, Matanuska-Susitna II.FACTS AND PROCEEDINGS Borough,Palmer,for Appellee. State law requires the Mat-Su Borough to adopt a comprehensive plan. AS 29.40.030(b). A comprehensive JUDGES: Before: Rabinowitz, Matthews,Compton and plan is a"compilation of policy statements,goals,stand- Eastaugh,Justices. [Moore,Chief Justice, not participat- ands,and maps for guiding the physical, social, and eco- ing.] nomic development"of the borough.AS 29.40.030(a). It serves as a"long-range policy guide for development of OPINION the [municipality) as a whole." Lazy Mountain Land Club v. Matanuska-Susitna, 904 P.2d 373, 377 (Alaska [`542]OPIMON /995)(quoting Donald G.Hagman, Urban Planning and PER CURIAM Land Development Control Law 42 (1971)). Borough land use regulations are to be "in accordance" with the I.INTRODUCTION comprehensive plan. AS [**3] 29.40.040(a). Requiring zoning decisions to be in accord with the comprehensive Appellants Price and Bratton filed an application for plan "helps to 'guard against prejudice, arbitrary dcci- a petition to hold a referendum on the Matanuska-Susitna sion-making, and improper motives' by providing sub- (Mat-Su) Borough's ordinance adopting the Chase Com- stantive standards against which to measure individual prehensive Plan.The Mat-Sit clerk, Linda Dahl, rejected zoning decisions." Lazy Mountain, 904 P.2d at 377-78 the petition. The superior court upheld Dahl's decision, (quoting South Anchorage Concerned Coalition, Inc. v. holding that Alaska's specific planning laws preempt the Coffey, 862 P.2d 168, 174 (Alaska 1993)). A compre- general right to a referendum.] hensive plan must be in place before borough zoning On appeal, Price and Bratton contend [hat the trial regulations can [*543j be implemented. Lazy Maun- court's decision was erroneous i**2] ha the right lain, 904 P.2d at 377-79.This requirement is not a bard- because a referendum has not been preempted. Dahl argues cr to pre-existing zoning regulations so long as they that it has been preempted. In the alternative, Dahl comply with the comprehensive plan.Id. at 379 n.22. claims that the subject matter of the referendum violates In 1986 the Mat-Su Borough directed the planning the Alaska constitution, and that the petition's attempt to commission to develop comprehensive plans for the hold the referendum only among residents of the Chase. borough on a community-by-community basis. One of Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 275 of 369 AGENDA ITEM #9.A. Page 2 912 P.2d 541,*; 1996 Alas.LEXIS 22,*• the communities selected was the Chase area of the Mat-Su Borough. The planning commission in turn es- tablished a citizens' advisory committee on the Chase Comprehensive Plan (CCP). The citizens' committee 2 The trial court did not rule on this issue recommended, among other things, that the CCP dis- when it granted summary judgment. However, courage the construction of roads. The appellants in this when affirming a grant of summary judgment, case, Price and Bratton,as well as a majority of the citi- this court may base its ruling on grounds other zens' committee, [**4] apparently considered this than those advanced by the trial court. Native policy goal vital to the preservation of the bush lifestyle Village of Eyak v. GC Contractors, 658 P.2d 756 Chase residents enjoy. However, the planning commis- (Alaska 1983); Sisters of Providence v. Munici- sion thought that the CCP should encourage the devel- polity of Anchorage, 672 P.2d 446, 448 n.2 opment of roads in the area on pro-existing rights of way. (Alaska 7983). We express no opinion on the On October 19, 1993, the Mat-Su Borough assembly constitutionality of the proposed referendum or approved a CCP that included the goal of approving its validity under the Alaska land use statutes. roads on already existing rights of way.Ordinance Serial No.93 071(AM)(1). "6] Signature requirements for local initiatives and referenda are provided in AS 29.26.130. Subsection On November 15, 1993, Price filed an application (e)provides: for a referendum petition with the Mat-Su Borough Clerk, Linda Dahl. The application sought a referendum If the ordinance or resolution that is the on the CCP. Price and Bratton gathered signatures from subject of an initiative or referendum peti- twenty people residing in the area covered by the CCP. tion affects only an area that is less than The application sought to have only CCP residents vote the entire area of the municipality, only on the referendum. voters residing in the affected area may The Acting Borough Clerk, Kristie L. VanGorder, sign the petition. rejected the application. ' She found that the application was in improper fonn because it sought to conduct a ref- erendum only in Chase, instead of borough-wide She Price and Bratton argue that AS 29.26.130(e) re- also believed that a planning matter could not he the quires the referendum on the CCP to be voted on solely subject of a referendum. by those living in the affected area.However,the text of the statute does not address the eligibility of voters. Sub- 1 AS 29.26.1/0 provides that the municipal section 130(e) only addresses signature requirements. clerk must certify a petition for a referendum The chapter on local initiatives and referenda is silent on within two weeks if the application is in proper the issue of who may vote in such elections. See AS form. 29.26.100-.190. [**5] Price and Bratton tiled suit against Dahl and Voter eligibility for local elections is covered in AS requested a preliminary injunction. The trial court con- 29.26.050.Only persons registered to vote at a residence solidated the request for a preliminary injunction with a address within the municipality may vote in municipal trial on the merits. The parties filed cross-motions for elections.AS 29.26.050. As to referendum and initiative summary judgment, and the court granted judgment for measures, Dahl in April 1994. The superior court held that Alaska planning law supersedes the general power of refcren- [*544] (b). . . .in order to vote for a dum. It did not reach the issues of whether a land use candidate or on a ballot measure relating ordinance could be the subject of a referendum, or to a specific local election district or ser- whether Price and Bratton selected the proper pool of vice area, a municipality may by ordi- voters for the referendum. Price and Bratton tiled a nance require that a person be registered timely notice of appeal. [**7] to vote . . .at an address within the III.DISCUSSION boundaries of that local election district or service area. The Election Proposed in the Referen- dum Application Violates Alaska Law Because It Would Not Include All Voters The statute provides a default rule that all municipal in the Municipality' voters must be registered to vote in the municipality.AS 29.26.050(a). Municipalities themselves may impose the Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 276 of 369 AGENDA ITEM #9.A. Page 3 912 P.2d 541,'; 1996 Alas.LEXIS 22," further requirement that voters on issues involving local tion representation on other than an at-large basis. election districts or service areas must be registered to See, e.g., AS 29.06.320(requiring charters to de- vote within that district or area. AS 29.26.050(b). This fine election districts when representatives are rule is not at issue in this case, because AS 29.26.050(6) not elected on areawide basis);AS 29.20.070(al- by its terms only applies to local election districts and lowing local assemblies to elect members by service areas. The area covered by the CCP is neither, election district). and Price and Bratton fail to argue otherwise. ' 'l'hus, [""8] residents of the entire municipality have the right to vote 4 Neither party has addressed the issue of in a referendum or initiative on the CCP. Price and Brat- whether Dahl had the legal right or duty to reject ton may have been correct in concluding that only the application for a petition on the basis of its CCP-area residents could sign their petition, but their substantive validity or its call for a Chase only application was flawed because it attempted to prevent election. See AS 29.26.110-.180. We have as- people residing outside the CCP-area from voting.' sumed, without deciding, that she had such a le- gal right or duty. 3 We recently defined a service area as "a specific geographical arca within which a music- IV.CONCLUSION ipal service is furnished by a borough." North We hold that the application was properly rejected Kenai Peninsula Rd. Maintenance Serv. Area v, because it did not select the proper pool of voters for the Kenai Peninsula Borough, 850 P.2d 636, 639 proposed referendum election. The decision of the supe- (Alaska 1993). Local election districts may be tier court is AFFIRMED. established by municipalities wishing to appor- Ordinance No. FY2015-04 Amending the 2008 Comprehensive Land... Page 277 of 369 AGENDA ITEM #9.B. KODIAK ISLAND BOROUGH a ?' AGENDA STATEMENT ,�intt ' OCTOBER 2, 2014 ASSEMBLY REGULAR MEETING o : 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. Kodiak Island Borough Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 278 of 369 AGENDA ITEM #9.B. ,y Kodiak Island Borough r x " //////1,�� t �� Community Development Department A `r (f. r •�'1 710 Mill Bay Road �'. qp ' icy r� + Kodiak,Alaska 99615 'r.ge / Phone(907)486-9363 Fax(907)486-9396 oi_ www.kodiakak.us Memorandum Date: August 25,2014 To: Borough Mayor and Assembly From: Robert H.Pederson,AICP Director Thru: 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 27th. 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$1,000 and imprisonment for 90 days.For a 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. Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 279 of 369 AGENDA ITEM #9.B. (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 penalty 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. (c)The penalties authorized under this section may be 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 pm vision 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 affirmation 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(6). (b)The commissioner of public safety 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. Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 o... Page 280 of 369 AGENDA ITEM #9.B. 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 8 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. Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 281 of 369 AGENDA ITEM #9.B. Introduced by: Borough Manager Requested by: Community Development Department 2 Drafted by: Community Development Department 3 Introduced: 09/18/2014 4 Public Hearing: 10/02/2014 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2015-06 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 11 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 Safety, 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, 840, 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 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 282 of 369 AGENDA ITEM #9.B. 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'N, 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 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 283 of 369 AGENDA ITEM #9.B. 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. I 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 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 284 of 369 AGENDA ITEM #9.6. D. 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§1.12.010]. 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 cha e-= - - - -- - -•-• - appearsin-eoucFand is found guilty, the penalty imposed for the offense may not exceed the fine amount for that offense listed. If an offense is rot listed on this schedule net be udieia. edused- - -- - --• - - - ensc arising under this chapter, a person charged with that offense can dispose of the charge(by mail or in person) by 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 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 285 of 369 AGENDA ITEM #9.B. 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. If found guilty, the maximum sentence that may be imposed is the fine amount, in addition to the secshacge required tete-imposed-end- .--.!-•. - . e-- -aa e€fon„o for a fine amount that has been set(whether it is an infraction or a misdemeanor)does not have a right to a jury or to a court appointed lawyer. If no fine is Get for an offense,the defendant must appear in court for arraignment. 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 KIBC 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 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 286 of 369 AGENDA ITEM #9.B. 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. • __ _ _ _ _ _ __ _ _ _ _ _ ---t - guilty of a misdem anor and upon conviction is punishable by a finc of not more than $1,000, in addition to the surcharge required to be imposed under AS 12.55.039. In 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 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 287 of 369 AGENDA ITEM #9.B. 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, 2010j. 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 schedule shall apply: for the first offence, a$100.00 fine shall be imposed; for the second offense, a$200.00 finc shall be imposed; and for any subsequent offense, a :._!'.!! _ es -:. [Ord. FY2008-07 §2, 2007. Formerly§8.35.025]. 5 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 288 of 369 AGENDA ITEM #9.B. 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, 2011]. 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 violat-- • ,_..__._ .. upon conviction is-p e - . - ••- . . . ...0O . -e -te-the surceharge-rectufred-te-bc impoced under AS 12.55.030. 6 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 289 of 369 AGENDA ITEM #9.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 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§2, 1983]. 7 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 290 of 369 AGENDA ITEM #9.B. INFORMATIONAL ONLY THIS RESOLUTION IS SCHEDULED FOR ADOPTION AT THE OCTOBER 2 REGULAR MEETING Introduced by: Borough Manager 2 Requested by: Community Development Department 3 Drafted by: Community Development Department Introduced on: 10/02/2014 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,Title8 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 23 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 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 291 of 369 AGENDA ITEM #9.B. Exhibit A Kodiak Island Borough Schedule of Fines. KIS 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(6)&(D) (1st offense) KIBC Control Of Animals $83 KIBC 6.04.270 6.04.100(8)&(D) (2nd Offense) KIBC Control Of Animals $110 KIBC 6.04.270 6.04.100(6)&(D) (3rd and subsequent offenses) 1 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 o... Page 292 of 369 AGENDA ITEM #9.B. KIS 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 $55 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 $28 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 $83 KIBC 6.04.270 6.04.130 (3rd and subsequent offenses) KIBC 8.20.010 Littering -Unlawful Acts S50 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 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 293 of 369 AGENDA ITEM #9.B. KIB 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 (49h 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 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 294 of 369 AGENDA ITEM #9.B. 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 $100 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 $500 KIBC 10.10.080 junk (2nd and subsequent offenses) 4 Ordinance No. FY2015-06 Amending Titles 1, 6, 8, 9, and 10 0... Page 295 of 369 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH t AGENDA STATEMENT *. r •� OCTOBER 2, 2014 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. At the September 18, 2014 Regular Meeting,the Assembly postponed this ordinance to the October 2, 2014 Regular Meeting. The Assembly wishes to review the following: • Vehicle disposal fee of$475 per vehicle • Borough Records, Copies per page, first 20 pages free and $.25 thereafter • General Services, Copies per page, general public, $.25 • General Services, Copies per page, government and non-profits, $.05 • Subdivision Fees, Appeal Record copy per page, $.15 • Zoning, Appeal Record copy per page, $.15 Additional information is provided in the packet that reflects the borough cost for copying and the monthly lease for the different machines. Comparable is also provided on how much the local print vendor charges. RECOMMENDED MOTION: Move to adopt Resolution No. FY2015-02. Kodiak Island Borough Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 296 of 369 AGENDA ITEM #12-A. 1 Introduced by: Borough Manager 2 Requested by: Finance Director 3 Drafted by: Finance Director Introduced on: 09/18/2014 4 Postponed: 10/02/2014 5 Adopted 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 1s 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 1: The attached exhibit of schedule of fees shall become effective on October 1, 32 2014 upon adoption. 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 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 297 of 369 AGENDA ITEM #12.A. 'Crfi=t.- N„ ,a( S z-�. v" t KODIAK ISLAND BOROUGH,ALASKA FEE SCHEDULE Effective a.4y4 2-04-3 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 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 298 of 369 AGENDA ITEM #12ZA. gilia k island Borough,Alaska Fh44 P02015 Fee Schedule Electra,03414-2014 1000-2014 AOM NISTRATIVLSGRVKG.KS ot'4' ^'l 4 ECITREASON 0 mry p ^E=Ydr^M 0r0el hood a �r rp.hAnApyo.r rt'x.055 11.4.13-404-09. ' Cele!, to L —$500005 CtWSSW�N 104 r ann $3500 000000r w STOOP Dna 14 peg nmt0 S•ron ono or d trt. rd fire rvr. BAVSIpFIRE STATION COMMUNITY TRAINING CENTEF Copy of Fire Repohs 52500 One-nal of Training Cenrer,ver hall dayfirs ra may 4s people 0100 OneJrmnter, l of Training Ce ,per day(gyp h nn Training £firsm 100 p40eople people 52500 Euii ng center,per nag day p ,may people 55000 Full Training Center,per day(&10 his,may 100 people 55000 Refundable Cleaning OePOSO 55000 000-prOnl organrzacone and public se.dy agerues who do not charge a fee for the 0uv ly being oonducred may apply for waiver of Training Center uselees BOROUGH CODE OF ORDINANCES Borough codec 520000 Supplement Service Complete tial Fee. 57500 Tale 15 c 52,50 ]0 pages gee 5025theniter Tele it,complete first 20 pages tree 3025 thereafter BOROUGH RECORDS 2007 Comprehensive plan(bound 507y_ 1100 00 Audio Recording CO S5 00 Audio Recording(se mail no charge Cerfied copies Alb copychar0es 0500 Copy scan to or PAT per disk tinumdes large sole maps) 55 00 page re comprehensive gerensive 1rn120 pages tree 5025N epmpre .SPm thereon. oo Reaearaseoiae-» v Reaa..wsOIVIae-data • ca. -00Genera,germane GENERAL SERVICES Copies,per page,general public 3025 Lopie;pd p ag e - andnanymfils 5005 Eleelrenieally Reproduced Recordphard coPYb&edmnrc first 20 pages freeSB 25Nereagel update-Ned Ted1,4061' Electromcally Pm oePr0Med Recis l oognallyeMrpnk no chargeDe war us Account 12%annually New/Transfer Liquor',yens, SI 00 per natio mailed Non-Filing or Late Filing Fee for Special Taxes(Severance and Bed 550 per filing N EE check Eee S25 00 Research Serape rt 1fier First 5 hours ,,154000 per iv theree Research Serape data a analysis Fee sent 14000 per hr Wire Transfer fie 32500 Nple XIBC 240060 aulhonies The Cng of lee omglal cords(dale analyse) The al40ary am of PPO nage o r CleM's Office SPYlldy ouwage and benefits tt1BC 2 40 040 notesthel we cannot exceed the act.,salary and benefit'cost Cr persanne/brie KODIAH FISHERIES RESEARCH CENTER IHFRC( Main Lobby(upstairs/down -fee includes large conference moral 525000 Refundable cleaning depit m osamlobb' 0000 00 Large cog tiler,,Room 550 00 cleaning 0eposl re large confence re0n 55000 Small Conference Room 140 00 Refundable cleaning peppy,.small conference mon 520 00 Nolen Nonprohb orgenrzarrons end puling safely ageneses who do nen charge a fee ler the ea:Aga being conducted may apply fora waver of KFRL fees Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 299 of 369 AGENDA ITEM #12.A. Kodiak Island Borough,Alaska 0544 F52015 Fee Schedule Effective 011 of PIN 1002.2014 COSTS: EP OLD services my hr minimum 650 MI% nnBYCd pies P Bene 5100%ft Semi Gloss 5200s° Mylar 53 00 see 95x11r r Eus120pages tree. So LS thereat-lei 11%l]IesrEIStiO pageEllee, 5o50theieatler NotcopYn9 oroommemai use cute➢t fo.'.elerence TITLE 3:REVENUE AND FINANCE - .. SPECIAL ASSESSMENT AND PROPERTY TAX Foreclosure/Attorney Fee ete a;cosi Puelica a Fee actuai cosi FeeeMPSEn Generatest .e 9d Fee to SLE50ed%nace Interest 12%annually Penalty 10%one time charge TITLE 6:ANIMALS - Animal Control Vey to Animals andatary courtaeaunce ane offenpp o mandatory court alrnearanck Om offense mandatory coodappeatance r= 01042 - - - 31040 Fines hake teem movedea 5410m seoaram u+x_e a:n,,prmal.-REwcsea2xi. 52-2-5410+o to 5C 2 652-56 2o.- eWr 'w aaana. suzs547-5.6»aa ^ 5.6.540 _c-344-erferre 452-56 --1-444.0r«ra. 50155.4550 I 10 - l.ay r 0..0ro Virneus Animals 1st otory start appearance One ollMen One offense mandatory court appearance 2 ...,r 12=40 250 0 nes haie beers moved to a Ua s0m.epa7e eaeea.. 4 24 $5502 — -ge re 55540 —rn-aaaouenE. 46440 2rT+s„d ..rrta,. tat 5500 01240 —e-dirnell erre 652-50 Boarding Fees mals wpws.e mend d+) 5x00 �a,se Fees Iao..s.notats.dmf.Per dal 11224 tee a Fee Mala leeDel, Kernn 10500 Femaleurnd&payyearD 59000 and SpayedcDoes,per yet 00 00 Oe4neos F.e as 00 each Miscellaneous RabieFees 000 Adopt:Vaccinations n Deuter or 1pay.nlly oblrefundable 52000 doption(in[lutles neuter or Spay,nobles zhtt lvenee actual mar Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 300 of 369 AGENDA ITEM #12.A. Kodiak Island Borough,Alaska SOBA F11015 Fee Schedule Ell native 07-05-20111001.2010 TITLE9 HEALTH AND SAFETY - �'-_`�-- - - r SOLIDWASTE COLLECTION AND DISPOSAL SGW W4wHnc.Hntl4LLc9a Ap Appliances Other.eesldera.' no that pe Reinger charge Asbestos Disposal Mara Ce eee.rereem p ce verb apdie Se regdatens) $200 mmrmum,S250001cy gager. Lead Acid Batteries Lal o charge Lead Aid Battes-commercial 5000 per large,53 00 per sural Lithium Batteries 56 00 per large,53 00 per sural Can Service Fee 525 CM per Inciden stew Fee Commercial Garbage 32000 mmrmum,S170005107 00/ton Update Fee Rafe Con onloem on Debnsges nal) 52000 rnrnrmum4l]P005107 00/ton Upfnp Fee Rae Nom oed -adsDel Cam✓eannWmeammW s Neu.'Peymrue mnuvmmbada Incl nave grwMNan 10%meors wrtlnothe aaepW F,shos Deur-Ime end web only 517400$IB]UChon Update Fee Rate Equipment Usage to OR Load Customer Waste LSO=5100 ONhcur,5]500$100 00 minimum Update Fee Rat Garbage Truck of Borough Collection Contractor S•'g^61157 OCRon Uryne Fee Pee Garbage Truck of United Sates Coast Guard Contractor 5130M5187.00non UWere Fee Rate Household Hazardous Waste-AO pound limit/month montn charge Greater Than 40 Pounds per Month 5.0anb rs{measured per trailer's dimension) $750011 meeeec atone Document Incineration HSg s3 OCIIA 51506530 Onminimum Jytlate Fee Rate Incintiralion of Animals- anwo lo 300 pounds/ 310000 N..Pnuv¢are sePnlae rn moo✓alar wrl bus not always The only anmalrn me unit $300/h,530 00 underIncineration!shame's•e.haniged inimum Incineration 10p 550 00 mm,S3 0071 Incineration of mlM r.rs Was p 10 Pounds 55^^'50500 m .5500 SI or Meer eche m Mr over 10 lb update Fee RaFee p Incineration of Rite/ es Val Waste b65 00 mlclmurt.r 52310 53 25.0000gb$Over/ton0 lb Update Metals oil Regulated Vessel Waste 4374100 00.'$75611 Vpday Fee Ree Aletals b27500rton 150.13]511b1 OII Used ori-remmetolal $3aalge Used Oil-resldental-5 enters Per ga/bi 50/ge Used Oil residential-greaterthan 5 gal 51 charge Residential ge(by pssry✓ mbil sumopickup p -upto 500 Ms charge 501 pounds posa ppor greater '^N'510)OCl/ton Waste Fee Rale Sludge Disposal 5••nm 5107 LO^/on Up]are Rale Tues-wlLadisl 103.00-m6741-70-00$187 53500 Update gee Use of Scale Loads CeioledW e1 be Use cl5mle ro Obtain v Cerunad Weight 515 00 perchicle Vehicles Sa75 DS per vehicle E oi - o va .customers maybeserved by a pnvere company bpi:fired negotiation for'emits Lees ren beat.bee°and collected by Na. company •Commemiai and residentaeood swede masenals collected by the Urvled Stales Coast Guard or I representaleye.lot disposal at the KMiak10dand Borough landfill will be merged al al the time o/drspoSal at the Me esehbmedrn this lee schedule The Kodiak Island Borough unit rnvax the United Soot/SCO/Si OuaN/or aft or any pdroon of those mea charged,as eed upon by the parties Fees asson atedmin Olsen waste disposal Cpbon a will be unaged based on me apgrreble lee representedis Ibis sMedule grppp5 • e nag r• r .y g s.mme r anes have been MOVed toa Iq v rap�n rx r e.parzte Wsdde - Com names conducting commensal.m usnnai and msteuh0naldemoVmn propels need to separate Pan wade inomelar and nonmeialoads Mand loads awn no!be ¢egad at the landfill. Metals rerelvedal rhe landodl in the(arm W tanks or cables must be prepared in an aaxplable manner.Tanks must be shamed of all floods and anped dean ter SEA gy/onsmusl have an tdosnaaeehtle wt rnlorlsad anped dean Garai Wer Aga gag..rags'have one end a.'offend Mg./glean Tanks A000 CODAS and rale'must consacl Engneenn/Faatly Staff so dramss aceeplable cnsena Gating cable must be cut Into 9' lengths Other metal hems muSI be cut info Pesten no real len?]Tong.]'rade and Tnrgb Thymus'be aep✓atetl Iron nonmetal masenal (e gnacmnerY wth hos or tl« ntst Non-pmlttarganiaaomsal he allowed see&sposal Or SelNiaooedhousehdd residential waste Of upto l.0001dMme en Orspasa•on large gems leg., traders.conSINCSONdernahloOn deeds and metals]urn be charged al Pe same rale as sham on:Ms lee schedule Conmenyal estabdsnneda.and/of mall wanuy'gaxrazara who generale Sandals waste mus mmxun enwmmmental company m propeM dspese of them wale nm e.a: yi'r nvipe rn e r mr. r. .. n a r to P _ dn syrele Definitions ((ea al Wase•Waste gene,Med/mm your home(M example.household garbage.bulky hems each as Nmrahrnes and grass/leenmppngs)n rtludesn5lruownademoka Commernal Waale /naut.rone'andmdustnet ngemaabons aronrnoors and busnesses condumng n0M1/or compensatonand/onparser Annotated Vessel Wase-Wase thorn vessels Pa'have beennupeaed by U S Cmroms 3 acidep pmteNan office must be transported by a mmdran a ndderlo Pe bnd/m and may be landmled Wxle from vesoelnmt nay.not been mapeoed mus he hanspomd by a commence nae„ and mdathemnnened Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 301 of 369 AGENDA ITEM #12.A. Kodiak Akland Borough,Alaska DMA FY2015 Fee Schedule Effective W-B1SB1d 1001-2014 TITLE 15:BUILDING AND CONSTRUCTION- BUILDING PERMIT FEES Total Value value=up to 35000 51500 0 valve=550001-52000 00 81500 for the lest 5500 plus 6200 for each additional$100.0G or fraction thereof.to and including 52000 00 valve=52 000 01-525000 00 $4500 ler the es 12,000 00 plus 15 CO for each aebiWna 01,000 00 o,fraction thereof,to and Including 825,000 OC value=525,000 Cel.550,000 00 1252 00 the first 525 000 00 plus 06.50 for each-445,054 $1000 00 or traction thereof.to and Inclubrng 150,000 BC value=850000 01-4100.000 00 5414 50 for the first 150,00000 plus 54 50 tor each aaaacna $1,000 00 or traction thereof.to and mclumng 5100,000.00 value=810000001 to 5500000 00 5630 50 for the lest 5100000 00 plus 53 50 for each 414110na 11.000 00 or fraction thereof.to and Including 3500.000 DC value=850000001 to$1,000 000 00 52.030 5014,me first$545000.00 plus 8300 for each additional$,000 00 or fraction thereof,to and inch/dint 51 000 000 00 value=11.000.000 01 and up 53.539 50 los Me lest 01000.00000 plus 12.00 for each 4445one111,000 00 or 114Gion these, Nile nsfor derese:caeca of perm(fees duel be based on conlraclionCeS ,oe the absence of a canna pace-the Bcce:Cng Valuelron Dela as published..by ICS 0 Burldng Slander-ea y we F..a y.a gy W =rcso.a = cy A we ( r yor a ow deleted 4.4444. W a. .r. f caµ-04.4u4504 4�Tac ELECTRIC PERMIT FEES The Iolbwrng schedule of lees shall apply to all elect(<a1 work Dr which a point is recurred NEW CONSTRUCTION ELECTRICAL WORK Single Family and Duplexes. Temporary Work SeMw Perm( 53000 Dupeniial Single Family-new 57000 lex-new S10000 Additional Wldng,remodelling resoeneei only $3000 ALL OTHER ELECTRICAL WORK Issuance of Permit 53500 Each Future/Duplex Ouilemndrvrdum Switch/Emergency wilt 51.25 Deane Heat perk w Installed 11.00 Each Powe,Outlet 1200 Eleolocal Service to 200 amps 52000 Elecncal Service over 200 amps 530 OD Each Asa Floodllglrt 1st light 02000 Each Additional Floodlight 0500 Generator perkw Output 1100 T,anslormere 5 F v.a o 5500 Motor Connections,15 hp and above 52000 erSuncnee-manaal 5500 Trxosfer swathes-aumnauc 510 00 Electnce15155C 52000 Trailer Courts each soave $50 00 Each Addmmnal•same permit 31000 Temporary Services 5500 Environmental Control Devices per Ower/Unit 5125 The blowing schedule of lees shall apply to all electric.'work los which plan review Is required 5000-550000 53500 550100-81,000 00 56000 5100100-520000 510000 52,00100-53,0000 515000 53.001 00-84,0000 820000 54.001 00-85,000 00 825000 56.00100-up $30000 Wnen m defective work, rt of the homer,f the permit_„ on the pan of me hewn are made ,Mcial setttingrlmth me noiamn only one such exhe through or made ander the regular Nes as nnern Oreseribed For each further extra mspett,ee for which me holder,I the pert or employee N enh5lr responsible,lees alma charged as follows No.e ineburbng departm<nf shad glow AN correction of such work,emmrmum,Y/en wAkng days ldlowng lav date o/in speNon First inspection 54000 5000 Each Second sl Inspection 560 00 Electric Permits Alter Wed,,as Started 2 xthe punl'shea amoun Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 302 of 369 AGENDA ITEM #12.A. Kodiak Island Borough,Alaska FKH Fr2015 Fee Schedule Effective 0o nt 1t51 10-01-2014 TITLE 15:BUILDING AND CONSTRUCTION(confd) GRADING PERMIT FEES: 50 cubic yards $73.50 St to 100 cy. $3100 101 to 1,000 c . 132001ot Ist 100 oy•31].50 for ea additional 100 cl 1,001to 10,0000.y. 0194 50 for 1st 1,000 cv•514 50 for ea additional 1,000 0l 10 001 to 150,550 c 132500 Mr 1910,00507•000 00 for ea 000000al 10 000 01 100,001 cy.or more $919 00 Of 1st 100,000 oy•$3e 50 for ea add 10,000 oy The ree for a gradin permit aatnonnng am,nw.ar wrxm mar under a 0Nm petrml mail be the mneeence between the fees Paid me me ninth/perms and melee shown forme enure wale9. OTHER FEES'. Additional Plan Review Remnreb by changesadaimns or reNyonto apprneeb plans 1112 ht mm; 05000101 Appeab etd Etoeplrons 0350 00 Building Demobuon Fee $10 00 Driveway Permit Fee,Ina lee when included wlbiag vermin, $20 00 mapettiom whim No Fee is Speoncal Iy mdlated 14000101 Inspections outside NOrMal 00510050 Hours(pee nous,2 hrmml 0000 Remspecton Fees Assessed Under Provisions of Section 305G 040001M Roger of Way(ROW)Pemmn lot Driveway Access 0100 00 PLUMBING PERMIT FEES'. AddMonal Plumbing Rem000kng-residenIalonly 030 00 Single Family and Duplexes(base mel. NewDuplex 010000 ew Residential Single Family 17000 Pthe Following Addnroal Charges: Plus n Each Plumbing Fmule 0.00 Each Gas Olde( 05.00 Each Water Heater and Hot Water Boiler Mer 1000 blul 00 20 Automat.Spredler Systems(Pei beadi 01.50 P lumbng A1leailon Wmk(per nutlet( $2.50 All Other Numbing Work $35 00 Plumbing Permds After Work has Started 2 x die oaboshed amours Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 303 of 369 AGENDA ITEM #12.A. Kodiak Island Borough.Alaska 0544 F52015 Fee Schedule Elf eame 0'Dr+01410-01-U00d TITLE 16:SUBDIVISIONS- - SUBDIVISION FEES AppeaedlAnenol Pan Plata $300 00 l to Assembly 020000 Appeal to cemmiss,n 5200 00 Appeal Record Copy,per page 50.15 Remew of PSZC Decision $75 00 Vacations 5350 00 Inspectionser -Genera • elCo: rims 05000mr P ersonnel Costs-over time 55600Ru P ersonnel Coats.double time 1720mr • e-hour: St]0mr gage 50 30/mi Vehicle.mileage lee 1gx Inspertmn Semcea-Sobd:Nslon Road and umdy improvement ianealry Go 12190, 03 510010 Imoro✓emenb for 011015 and mare 520000 Malenals Approval Semcez rst slmmina $20000 subaeg0em Reviews 560 00 Plan Review Semites Additional Improvement Plan Review: 5100 00 Improvement Plan Review actual tort meal and Finer gear S200 00 see Grading Plan Review $250 00 Prmmmap Plata Cramn9 1e a lots $350 00 to 50 lots $35000•520 00 for each add0m ,ol lot02 over Over 50 lots 51,1 m 00.51500 for 0300 additional m over 5L Waivers 175DO TITLE 17ZONING - - - AferthelactZonmg Compliance Permts 7:Me published amour, Appeal to Board o&Adjustment 135000 Appeal to c artiness.. 35000 Appeal Record Copy,per Page SO15 Con1Nonal Use Penna 525000 Other P&Z Screening Approval 515000 Posmonenent al Pe0Seners Request-pu000 hearing Item 510000 Posmon at Peo Reseed-nos-public hearing nem 525 00 Review (Faze Pea: n 025000 Variance sem go Zcn,ng Change Fermn Less than 1.75 acres 0350 00 125 to 500 acres 075000 501104000 acres 01,000 00 40 01 acres or more 11,500 00 Zoning Compliance Permit: Less than 175 acres 530 00 1.76 to 500 acres $60 00 5.01 to 4000 acres 09005 4001 acres 01 more 512000 TITLE 18:BOROUGH REAL PROPERTY - Land Disposal Application 135000 Land Use Permits-annually $250 00 material sales,royaty lee per oobc yard-annually 5200 Wood Curling PemNs-annual y 125 00 Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 304 of 369 AGENDA ITEM #12.A. From: Intra rmcs To: @L cc. Nova]aver Subject: Coo of Copies Date: Monday,September 22,2014 3:09:39 PM Bud, I have contacted a local print vendor to find out what they charge for copies and received the following information. • $0.20 black and white • $0.70 color Since it is not our intention to compete with local for-profit businesses,I would not recommend pricing below what a local vendor is receiving for the same service. Dora Resolution No. FY2015-02 Reestablishing the Fees for the Kod... Page 305 of 369 AGENDA ITEM#12.A. ?'4 -;...„.,,:„-,A -, .al� .3 ,tik " mJ . 1 I2: ., f ` tales.'` t ` ,'rtT' KODIAK ISLAND BOROUGH, ALASKA FEE SCHEDULE Effective:July 1, 2013 Oetebe+-1-2014(Upon Adoption) (Title 8:Health and Safety-Solid Waste Collection Fees will be effective January 1.2015) Contents Page Miscellaneous Services Title 3:Revenue and Finance Title 6:Animals will assign page numbers Title 8:Health and Safety when additions/deletions Solid Waste Collection and Disposal completed Title 15. Building and Construction Building Permits Electric Permits Grading Permits Plumbing Other Title 16:Subdivision Title 17:Zoning Title 18'.Borough Real Property 1 1 I Resolution No.FY2015-02 Reestablishing the Fees for the Nod.. Page 306 of 369 AGENDA ITEM#12.A. Kodiak Island Borough,Alaska LY-1-4 FY2015 Fee Schedule Effective 03-04-203)10-01-2014 yveuuexoATmc wEovu'c cc Adm^t'nM'•Sa 0'n Fees 494sLaasly'4b4doe4 EDO REASON Fettea4&SMM6yntc— 0..9 cat §•""^^W " ('^`^""t"'g'—'s ret.•^ Delete•3ecton No Longer Used iy°•$Qo QQ0° .t455 .Up-no$3,000-00 �s0¢WOOiw-$SOOADD•00-x]-$u 524500-00-542,500-00 S*00,000 +a$1,000,""" ^+'.2n5 $'00^900 $2800400 — FIRo STAT 441-4P MMU $4.600-00-and-up BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Reports $25 00 One-half of Training Center,per half day(1-6 hrs.max 45 people) $15 00 One-half of Training Center,per day(6-10 are,max 49 people) $25 00 Full Training Center,per half day sn,max 100 people) $00 00 Full Training Center,per day(6-100 ho,hrs,max 100 people) $50 00 Refundable Cleaning Deposit $50 00 Notes' Non-profit organizations and pub/ic safety agencies who do not charge a fee for Me activity being conducted may apply for a waiver of Training Center use lees BOROUGH CODE OF ORDINANCES Borough Code,Complete $200 00 Supplement Service(Annual Fee) $75.00 Title 15,complete 5].50 first 20 pages free. SO 251nereaber Revised Title 16,complete first 20 pages free, $025 thereafter Title 17,complete first 20 pages free, $0 25 thereafter BOROUGH RECORDS 2007 Comprehensive Plan(bound cope) $100 00 Audio Recording CD $5.00 Audio Recording(sent by email) no charge Cedlled copies(does not include copy charges) $500 Copy,scan single file to CO or DVD,per disk(includes large scale maps) $5 Copies,per page first 20 pages tree. $0 thereafter Comprehensive Plans,paper $25.00 Electronically Reproduced Records(hard copy to electronic) first 20 pages free. $0.25 thereafter Update.New Delivery Option Electronically Produced/Provided Records(onglnally electronic) no charge Update-New Deway opecn .•.Dupicabon-See General Services Duplication-See General Services GENERAL SERVICES Capes-oeepagengererat puGie 9025 Deleted rep-. gnv'emmeNauBreng'°i. $005 Cwetea eA(Pe^m.". .-. ort" 44e41GAA'A( Sown p'r..._" e'^Nlei Moved to Borough Prussia €WegW'aey-P lucwd;PeoV'1o4 Pe^rvd-k^y`uyeWArarvel nosherge Moved to Borough Remits Interest on Miscellaneous Delinquent Accounts 12%annually New/Transfer Liquor License $100 per notice mailed Non-Filing or Late Filing Fee for Special Taxes(Severance and Bed) $50 per filing NSF Check Fee $25.00 Research Service.records recovery' Firsts hours tree/$4000 per hr thereafter Research Service,data analysts' Fee set at$40 00 per Er Wire Transfer Fee $25 00 Notes KIBC 2.40.060 authorizes the setting of fees for compilation or creation or records(data analysts).The arbitrary amount of$40 per lour is an average of Clerk's Office stab'hourly wage and benefit.HIBC 2.40 040 notes that we cannot exceed the actual salary and benefit cost for personnel time. KODIAK FISHERIES RESEARCH CENTER(KFRG) Main Lobby(upstairs/down-fee includes lame conference room) $250 00 Refundable cleaning deposit,main lobby $300 00 Large Conference Room $50 00 Refundable cleaning deposit.large conference mom $50 00 Small Conference Room $40 00 Refundable cleaning deposit.small conference room $30.00 Notes' NomproB organizations and pubic safely agencies who do not charge a roe for the activity being conducted may apply for a waiver of HANG fees. Resolution No.FY2015.02 Reestablishing the Fees for the KOd... Page 307 of seg AGENDA ITEM#12.A. Kodiak Island Borough,Alaska 1444 FY2015 Fee Schedule Effective"7-61-2813 10-01-2014 REPRODUCTION AND MAPPING COSTS. GIS services(1/4 hr minimum) 560 00/Hr Punts/Copes Bond 51.00 sq fl Semi Gloss 52 00 sq 5 Mylar 53 00 sg S B.5%11 inch first 20 pages free. 50.25 thereafter 11 X 17 inch first 10 pages free. $0.50 thereafter Notes' No copy/ng or commem/a/use,encept for reference TITLE 3:REVENUE AND FINANCE SPECIAL ASSESSMENT AND PROPERTY TAX Foreclosure/Attomey Fee actual cost Publication Fee actual cost Redemption Cetlhcates actual Cost Add Fee to Publseed Schedule Interest 12%annually Penalty 10%one time charge . __ .TITLE 6:ANIMALS .. Animal Control Cruelly to Animals 1st offense mandatory court appearance 2nd offense mandatory court appearance 3rd offense mandatory court appearance .. ..-. ,. , , $.55.-00 *8250 Fines have seen moved toa - Ger one•a• $44000 separate schedule a)Ameyinyy6meehe6166W,036f $2aso b- 2^d erne-re $5500 $82-50 434 th.aa8fK1BC60660I --a—bNeAs $2]48 ^.2on $SLgg —c-ardeAerue $8260 54.CarNrvlefarvmals7K "V err $5580 Ge Sa}50 —c-ardaAense 51-10-00 Vicious Animals 1st offense mandatory court appearance 2nd offense mandatory court appearance 3rd offense mandatory Court appearance --a-latoae'e *27-09 b.2^deme^e $5200 Fees have been moved to —c- ee $6250 separate schedule 2)P.,' eywr.7s.6^veer b an non) —^ offs-e *27-50 —1)ardofrrwa $52.00 $2250 a-r rhaedcellappURc6g4-0eW $2,7,50 —19z,waKxe $5680 awl u $22-50 Boarding Fees Small animals(dogs,cats,etc).per day 55.00 Large animals(cows.horses.etc).per day 550 00 License Fees Male Dog.per year $35.00 Female Dog per ear 535 00 Neuter and Spayed Cogs.per year 51000 Duplicate Tag,each $5.00 Miscellaneous Fees Rabies vaccinations Deposit(partially refundable) 52000 Adaption(includes neuter or spay,rabies shot,license) actual cost Resolution No.FY2015-02 Reestablishing the Fees for the Kod... Page 308 of 369 AGENDA ITEM#12.A. Kodiak Island Borough,Alaska 6744 Fv2015 Fee Schedule Effective 139-04-2-044 10-01-2014 SOUR WASTE COLLECTION AND DISPOSAL c..rai"—m D'Ig rd me.4kelaaOW Wa- Applian Appliances 011ier,residential no charge Refrigerators,residential no charge Asbestos Disposal(mal be delivered in compliance wet applicable regulations) 520000 minimum.5200 00/cy Banenes Lead Acid Batteries-residential no charge Lead Acid Batteries-commercial 5600 per large,53.00 per small Lithium Batteries 5600 per large,$3.00 per small Carl Service Fee $2500 per incident New Fee Commercial Garbage $2000 minimum,$42600$187.00/ton update Fee Rate Construction/Demolition Debris peadenoavcommemialtiindueeiaVasetuoanal) 120 00 minimum 513000$18700/ton Update Fee Rate Note'Any mixed cana1NUion Leads mat save greater than IO%morals cap/nor be accepted Fishing Gear-line and web only $FBCo 518700/ton Update Fee Rate Equipment Usage to Ott Load Customer Waste S-74-011$100 00Mour,8500510.00 minimum Update Fee Rate Garbage Truck of Borough Collection Contractor r1m 5-3187.00/ton Update Fee Rate Garbage Truck of United States Coast Guard Contractor 115-00$187.00/ton Update Fee Rate Household Hazardous Waste-40 pound limit/month No charge Greater Than 40 Pounds per Month SI 00110 House Trailers(measured per trailer's longest dimension) $2500/1( Incineration Document Incineration 515053.ONW$45-0053000 minimum Update Fee Rate Incineration or Animals-cremation(up to au pounds) $200 00 NoteAnimals are separated m meneratorune but not allays the only animal m the unit Incineration of Animals-euthanied 53 00:18,$3000 minimum Incineration of Medical/Infectious Waste-under 10 pounds 550.00 minimum,53 00/10 Incineration of Medicallnfectious Waste-over 10 pounds 540-00+555 00 minimum+$aOO$1.50/Ib over 10 lb update Fee Rate Incineration of Regulated Vessel Waste $65 00 minimum+S2-0053_0/Ib over 10 lb Update Fee Rate Landtlling or Regulated Vessel Waste S170➢0$187.00/ton Update Fee Rate Metals 5275.00/ton($0,1375/Ib) Oil used Oil-commercial $3 OOlgal Used Oil-residential-5 gallons per month no charge Used Oil-residential-greater than 5 gallons per month $1.50/gal Residential Garbage(by passenger automobile em pickup truck)-up 10 500 Ms no charge 501 pounds or greater S1J000 5187.00/ton Update Fee Rate Sludge Disposal $400065187.00/ton Update Fee Rate Tires-commercial S32-00mwS130-O05187.00/ton Update Fee Rate Uncovered Loads-additional charge 535 00 Use of Scale to Obtain a Certified Weight $15.00 per ticket Vehicles 3475 00 par vehicle NOTES• Governmental customers maybe served by a private company by direct negobaoon forservtce. Fees win be set,billed and collected bymat Company Commercial and msidensal solki waste matenals collected by tee United States Coast Guard.orris representative.for disposal at the Kodiak Is/and Borough landfill will be charged at the rime oldispose'at the rate established In this lee schedule.The Kodiak Island Borough will invoice the United States Coast Guard for all or any portion of Mose fees charged as agreed upon by the parties Fees associated with other waste disposal options will be charged based on the applicable fee represented in this schedule. Fines have been moved to py.Fine en...."..2.,n p et,nrn.0n r...,.a.,.m.e.....n y tl^b•^9"w'r e°"^=" separate schedule Companies conducting commercial,industrial and institutional demo:an projects need to separate their waste into metal and nonmetal loads.Mixed loads will not be accepted at the landfill Metals received at the lane fill in the form oItanks oreadies must be prepared in an acceptable manner.Tanks must be drained of all fluids and wiped clean.Tanks under 500 gallons mud have an 1,9"square hole cut Into it and wiped dean.Tanks over 50 gallons must have one end cut ort and wiped clean.Tanks 1,000 gallons and greater must contact Engineenng/Faulity statto discuss acceptable cniena.Fishing cable must be cut into 8' lengths Other metal items must be cul into pieces no greater than 17.1ong-7'wide and 5'high.They must be separated from non-metal materia/ (e.g..machinery with hoses or electrical components). Nonprofit organizations will be allowed free disposal of self-hauled household residential waste of up to 1,0001bsAeeek.Disposal of large items(e g, boats,traders.construction/deme/idon debris and metals)wil/be charged at the same rate as shown in this fee schedule. Commercial establishments.and/or small quantity generators.who generate hazardous waste must contact an environmental companyto properly dispose of their waste. I �GKAa._ davuehinge-lawmewersanda.. ... ,. ....-... erns have been ved toa ... ..-.. ....... .. .:.. ..... .. - ... .. -. separate schedule Delinnrons' Residential Waste-Wade generated from your home(for examp/e,household garbage.bulkyrems sung as fumishHlgs and gvasmi'awn cuppings)R excludes construcnon/dewolxron waste. Commercial Waste-Institutional andindustnal organizations or contractors and businesses conducting wall lar compensation andNrbarter. Regulated Vessel Waste-Waste from vessels that nave been inspected by U S.Customs 6 Border Protection Office must be transported by a compliance holder to the landfill and maybe landftllad-Waste from vessels that have not been inspected must be transported by a compliance holder and must be incinerated. Resolution No.F(2015-02 Reestablishing the Fees for the Kod.. Page 309 of 369 '.I AGENDA ITEM#12.4. • Kodiak Island Borough,Alaska 9-134 P02015 Fee Schedule Eftecfive 0}-04-204-3 10-01-2014 TITLEUII15:-BUILDING FEE ANO CONSTRUCTION - BUILDING PERMIT FEES Total Value Fees value olue=up to 550000 51500 value=$500.01-$2,000 00 $15 00 for the first$500 plus 52 00 for each additional 510000 or fraction thereof,to and including 52,000 00 (� value=$2,00001-$25,000.00 $45.00 for the tire(52,000 00 plus$900 far each additional 2. $1,000 00 or fraction thereof.to and including$25,000 00 value=$25,000 01-$50,000 00 5252.00 for the first$25,000.00 plus$6.50 for each additional $1,000 00 or fraction thereof.to and including$50,000 00 value=$50,00001-4100,000 00 $414 50 ear the first$50,000.00 plus 54.50 for each additional $1,000 00 or fraction thereof,to and including$100,000 00 3i value=$166,006of m$500,00000 $639.50 for the first$100,000 00 plus$3 50 for each additional $1,000 00 or fraction thereof,to and including$500,000 00 fl value=$500000.01 to$1,000,000 00 $2030 50 for the first$500,000 00 plus$3 00 for each additional 51.000.00 or traction thereat,,to and including $1000,00000 value=$1,000,000 01 and up $3,539 50 for the first$1,000,000 00 plus$2.W for each additional$1,000 00 or fraction thereof Notes. I Valuetions fon oefennnabbn of period fees ante be based on contact pones or,M the absence ofa contract pre,,fhb Budding Valuation Data as published,13510,9 0.Building Standards racsur41aaaaaalaa deleted ELECTRIC PERMIT FEES Tne follmmng schedule of lees shall apply to all electoral work forµfilch a permit is required NEW CONSTRUCTION ELECTRICAL WORK Single Faintly and Dupleves. Temporary 550/Service Permit $30.00 9q` Residential Single Family-new $70 00 Duplex-new 5100 00 Additional Wring,remodeling residential Only $30 00 ALL OTHER ELECTRICAL WORK Issuance of Permit $35 00 Each Fixture/Duplex Outlet/Individual synth/Emergency Light $1.25 Electric Heat per k w Installed $1.00 Each Power Outlet $2.00 Electrical Service to 200 amps $20 Electrical Service over200 amps $30 00 fry Each Area Floodlight.1st light $20.00 EOenhAdorp per wmuput $5,00 •' Transftor ormers k. Output.ora $100 WW Transformers 5 on,1 or above $5 00 Motor Connections,15 hp and above 520 00 'kl Transfer Switches-manual [yy Transfer Switches-automatic $50 00 V• ElectricalaleiCSigns $2000 i11 Trailer Courts each space $50.00 Each Additional-same pemat $10 00 Temporary services $5.00 Environmental Control Devices per Ounevunil II 25 The following schedule of lees shall apply to all electrical wont for which a plan review is required- SO 00-5500.00 equiretl:$501.-SS5000 53500 $501.00 0 00 $1 $60 00 to $t 001000'$2$3,000 00 $100.00 $3 $2,001 00- 000 00 $150 00 $3001 00-$4,000 00 020 00 jY $4 001.00-56,000 $ 00 525000 $6,00100-up $300.00 '., When extra inspections are made necessary by reason of defective work,or othervi,se trough fault or error on the pad of holder of the pemlrt or on the pan of the permit holders official setting forth the violation,only one such ecba inspection shall be made under the regular fees as herein c' prescribed For each further extra inspection rot witch the holder of the permit or employee is entirely responsible,tees Shea he charged as foveRs. Note:The building department shall allow for correction ofsueb Work a maximum often wonting days following the date of inspection 1Y First Inspection 540 00 �I'.. Second Inspection 55000 Each Additional Inspection $6000 Electric Permits After Work has Stabled 2 x the published amount i4 biT qq' Resolution No.FY2015-02 Reestablishing the Fees for the Kod_ page 310 el 160 ]i' AGENDA ITEM#12.A. Kodiak Island Borough,Alaska fY4-4 FY2015 Fee Schedule Effective 00.01-3013 10-01-2014 .TITLE IS:BUILDING AND CONSTRUCTION(confd( GRADING PERMR FEES: 50 rabic yards $23.50 51 to 100 ay. $37.00 10110 1.000 cy. $37.00 for 1st 100 cy+S17.50 for ea additional 100 cy 10011010000c y. $19450 for 1st 1000 cy a$14 50 for ea additional 1.000 cy 10.001 10 100.000 c y. $325.00 for 1st 10.000 cy•$6500 for ea additional 10,000 cy 100.001 c y.or mote $919 00 for 1st 100.000 bya 536.50 for ea add 10.000 cy Note' The fee for a grading permit authorizing additional work to that undera said permit that be the difference between the fees paid for the original permit and the lee shown for the entire project. OTHER FEES: Additional Plan Review Required by Changes,additions or revision to approved plans 110 hr min) $So ttwr Appeals and Exceptions $350 00 Building Demolition Fee $40.00 Driveway Permit Fee.(no fee when included wwldg permit) $25 00 Inspections Which No Fee is SpecAcally Indicated $40.00/hr Inspections Outside Nomlal Business Hours(per hour.2 hr min) $70.00 Reinspection Fees Assessed Under Provisions of Section 305G $40 00/hr Right of Way(ROW)Permit for Onveway Access 5100.00 PLUMBING PERMIT FEES: Additional Plumbing Remodeling-residential only $30 00 Single Family and Duplexes(base lee)_ New Duplex $100 00 New Residential Single Family $70 00 Plus the Following Additional Charges: Each Plumbing Fixture 57 00 Each Gas outlet $5 00 Each Water Heater and Hot Water Boller(per 1 000 btu) 50 20 Automatic Sprinkler Systems(per head) 51 50 Plumbing Alteration Work(per outlet) $7 00 All Other Plumbing Work $35 00 Plumbing Permits After Work has Started 2 x the published amount Reaoluson No.FY2015-02 Reestablishing the Fees for the Kod,.. Page 311 of 369 AGENDA ITEM#12.A. Kodiak Island Borough,Alaska CY1.4 FY2015 Fee Schedule Effective 07-tI-2013 10-01-2014 TITLE 16:SUBDIVISIONS SUBDIVISION FEES Abbreviated/Aliquot Part Plats $300 00 Appeal to Assembly $200 00 Appeal to Commission $200 00 Appeal Record Copy,per Page SWFa first 20 pages tree. 50 25 thereafter Chapped Review of P&ZC Decision $75.00 Vacations 535000 Inspection Services-General Personnel Cosls-strait time $40.00/hr Personnel Costs-over lime 556 00/hr Personnel Costs-double time 57200/hr Vehicle-hours 51.70/hr Vehicle-mileage 50 30'mi Vehicle-administrative fee 10% Inspection Services-Subdivision: Road and Utley Improvement(per lineal fll Improvements for 1 to 12 lots $3 50/I( Improvements Ion 13 lots and more 52.00/1 Materials Approval Services. First Submittal $200 00 Subsequent Reviews 560.00 Plan Review Services: Additional Impmvemenl Plan Reviews $100.00 Improvement Plan Review actual cost Initial and Final Plan 5200.00 Site Grading Plan Review 5250.00 Preliminary Plats Creating. 1 to 12 lots 5350.00 13 to 50 lots $350 00+$20.00 for each additional ml over 12 Over 50 lots 51.11000 e$1500 for each additional 101 over 50 waivers 575.00 TITLE 17:ZONING • - , Ater the lad Zoning Compliance Permits 2 5 the published amount Appeal to Board of Ackuslmenl $350 00 Appeal to Commission -350.00 Appeal Record Copy,per page 50-05 first 20 pages pee 5025 thereafter Changed Conditional Use Permit $250.00 Other P&Z Screening Approval $150.00 Postponement at Petitioners Request-public heanng item $100.00 Postponement al Petitioners Request-non-public hearing nem 525.00 Review of PSZC Decision $150.00 Vanaoce $250.00 Zoning Change Pemmit. Less than 1.75 acres 5350.00 1 7t to 5.00 acres $750 00 5.0 to 40 00 acres 51 000.00 40 01 acres or more $1,500.00 Zoning Compliance Permit_ Less than 1.75 acres $30.00 1,76 to 5 00 acres $60 00 5 01 to 40 00 acres $90 00 4001 acres or more $120.00 TITLE 18:BOROUGH REAL PROPERTY ,., - Land Disposal Application $350.00 Land Use Pemuts-annualy 5250 00 Material Sales,royalty lee per cubic yard-annually $2 00 Wood Cutting Permits-annualy $25.00 • Resolution No.FY2015-02 Reestablishing the Fees for the Kod... Page 312 of 369 AGENDA ITEM #13.6.1. KODIAK ISLAND BOROUGH ;�a" AGENDA STATEMENT : OCTOBER 2, 2014 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2015-10 Adopting a Schedule of Fines for Certain Violations of Borough Code. ORIGINATOR: Bob Pederson FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: As a second class borough, the Kodiak Island Borough exercises certain enforcement powers,which include the ability to levy fines and penalties in accordance with the Kodiak Island Borough Code(KIBC)and AS 29.25.070. The Code contains references and authority to levy fines and penalties in Title 1, General Provisions; Title 6 Animals; Title 8 Health and Safety; Title 9 Public Peace, Morals and Welfare, and Title 10 Vehicles and Traffic. Pursuant to AS 29.25.070, The Supreme Court of Alaska Order number 1797 (Minor Offense Rules 1-22), effective 15 April 2013, requires municipalities to list all minor offences in a Schedule of Fines and incorporated them into the Alaska Uniform Table of Minor Offenses maintained by the Alaska Court System. RECOMMENDED MOTION: Move to adopt Resolution No. FY2015-10. Kodiak Island Borough Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 313 of 369 AGENDA ITEM #13.6.1. 1 Introduced by' Borough Manager 2 Requested by. Community Development Department 3 Dratted by: Community Development Department Introduced on. 10/02/2014 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(KIBC)and AS 29.25.070;and 16 17 WHEREAS, the KtBC contains references and authority to levy fines and penalties in 18 Title 1 General Provisions, Title 6 Animals, Title 8 Health and Safety, Title 9 Public Peace, 19 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 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 32 THIS DAY OF 2014 33 34 KODIAK ISLAND BOROUGH 35 36 37 38 ATTEST: Jerrol Friend, Borough Mayor 39 40 41 42 Nova M.Javier, MMC, Borough Clerk 43 44 45 Kodiak Island Borough,Alaska Resolution No.FY2015-10 Page 1 of 5 Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 314 of 369 AGENDA ITEM #13.B.1. 46 Exhibit A 47 Schedule of Fines. A. B. C. F. Ordinance Ordinance Description Fine Schedule Ordinance That Sets Number Amount Penalty for This Offense 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(B)&(D) (1st offense) KIBC Control Of Animals $83 KIBC 6.04.270 6.04.100(B)&(D) (2nd Offense) KIBC Control Of Animals $110 KIBC 6.04.270 6.04.100(B)&(D) (3rd and subsequent offenses) 48 Kodiak Island Borough,Alaska Resolution No.FY2015-10 Page 2 of 5 Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 315 of 369 AGENDA ITEM #13.8.1. A. B. C. F. Ordinance Ordinance Description Fine Schedule Ordinance That Sets Number Amount Penalty for This Offense KIBC Animal Littering 528 KIBC 6.04.270 6.04.110 Prohibited (1st offense) KIBC Animal Littering $55 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 555 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 $28 KIBC 6.04.270 6.04.130 (1st offense) KIBC Animal Tag And Collar 555 KIBC 6.04.270 6.04.130 (2nd offense) KIBC Animal Tag And Collar $83 KIBC 6.04.270 6.04.130 (3rd and subsequent offenses) KIBC 8.20.010 Littering-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) KIBC 8.20.010 Littering-Unlawful Acts $1000 KIBC 8.20.030 (0 and subsequent offenses) 49 Kodiak Island Borough,Alaska Resolution No.FY2015-10 Page 3 of 5 Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 316 of 369 AGENDA ITEM #13.6.1. A. B. C. F. Ordinance Ordinance Description Fine Schedule Ordinance That Sets Number Amount Penalty for This Offense KIBC 8.25.040 Solid Waste $100 KIBC 8.25.240 accumulation (1s'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 K18C 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 K1BC 8.40.025 Unlawful Acts. (2nd offense) KIBC 8.40.015 Motorized Watercraft- $300 KIBC 8.40.025 Unlawful Acts. (3rd and subsequent offenses 50 Kodiak Island Borough,Alaska Resolution No.FY2015-10 Page 4 of 5 Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 317 of 369 AGENDA ITEM #13.B.1. A. B. C. F. Ordinance Ordinance Description Fine Schedule Ordinance That Sets Number Amount Penalty for This Offense KIBC 9.10.040 Fireworks-Use $100 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 $500 KIBC 10.10.080 junk (2nd and subsequent offenses) 51 Kodiak Island Borough,Alaska Resolution No.FY2015-10 Page 5 of 5 Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 318 of 369 AGENDA ITEM #13.6.1. IN THE SUPREME COURT OF THE STATE OF ALASKA ORDER NO. 1797 Renaming and Renumbering District Court Criminal Rules 8, 8.1 and 8.2 as Minor Offense Rules 1 —22 IT IS ORDERED: District Court Criminal Rules 8, 8.1 and 8.2 are renamed and renumbered as Minor Offense Rules 1 —22 as follows: Alaska Rules of Minor Offense Procedure Rule 1. Scope, Purpose, and Construction. These rules govern the procedure in cases involving minor offenses, except as provided in Rule 17 and Rule 18. It is intended to provide for the just determination of these cases and to that effect shall be construed to secure simplicity and uniformity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. Rule 2. Minor Offense Defined. Any offense that meets one of the definitions below is a minor offense, including an offense that is classified as a misdemeanor by statute, regulation or ordinance. An offense is not a minor offense under these rules if the only penalty is a civil penalty. As used in these rules, "minor offense" means (a) an offense classified by statute as an infraction or a violation; or (b) any offense for which a bail forfeiture amount has been authorized by statute and established by supreme court order; or (c) any municipal motor vehicle or traffic offense for which a fine amount has been established in a fine schedule adopted by municipal ordinance under AS 28.05.151; or Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 319 of 369 AGENDA ITEM #13.6.1. Supreme Court Order No. 1797 Page 2 of 21 Effective Date: April 15, 2013 (d) any offense under a municipal ordinance for which a conviction cannot result in incarceration or the loss of a valuable license and for which a fine schedule has been established under AS 29.25.070(a); or (e) any offense under statute or municipal ordinance for which a conviction cannot result in incarceration, a fine greater than $500, or the loss of a valuable license; or (f) any fish and game offense in 5 AAC charged as a strict liability offense; or (g) any commercial fishing offense listed in AS 16.05.722 or 5 AAC charged as a strict liability offense (classified in AS 16.05.722 as a violation). Rule 3. Citation. (a) Charging Document. The charging document for a minor offense may be in the form of a citation. Each citation may name only one defendant and only one offense. Except as provided in (h) below, a citation must name an individual as the defendant. (b) Uniform Table of Minor Offenses. The citation must include the statute, regulation or ordinance that the defendant is alleged to have violated as identified in the uniform table of minor offenses maintained by the court system. (c) Content and Format. The administrative director shall establish content and format requirements for minor offense citations by administrative bulletin, including requirements that the citations include: (1) the essential facts constituting the offense charged, (2) notice of the defendant's rights listed in AS 12.25.200, (3) the procedure for responding to the citation, (4) the consequences of a failure to respond, and Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 320 of 369 AGENDA ITEM #13.8.1. Supreme Court Order No. 1797 Page 3 of 21 Effective Date: April 15, 2013 (5) if forfeiture of seized items is authorized by statute or ordinance, the citation must list the seized items and state that they will be forfeited if defendant waives appearance by entering a no contest plea or if a default judgment is entered. (d) Adequacy of Citation. If a citation meets the requirements set forth in the bulletin, it is presumed to provide adequate notice of the charges, the defendant's rights listed in AS 12.25.200, the procedure for responding to the citation, the consequences of failure to respond, and the potential for forfeiture. In addition, all citations filed with the court must comply with any standards adopted by the Department of Public Safety under AS 12.25.175. (e) Social Security Number. The defendant's social security number may not appear on a citation. This subsection applies to citations issued on or after April 15, 2013. (f) Required Statements. The officer must state on the citation that the officer has probable cause to believe the defendant committed the offense but need not state the grounds for the probable cause determination beyond the essential facts. The officer must certify, under penalty of perjury, that the information in the citation is true and that the officer personally served the citation on the defendant. (g) Personal Service. In this rule, personal service means the officer must deliver the citation to the defendant personally in accordance with AS 12.25.175-190. (h) Corporations, Limited Liability Companies and Other Entities. A citation issued to a corporation or limited liability company must name the corporation or company as the defendant. The officer must personally serve the citation on the on-site manager, a managing member, an officer, a managing or general agent, or on any other Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 321 of 369 AGENDA ITEM #13.B.1. Supreme Court Order No. 1797 Page 4 of 21 Effective Date: April 15, 2013 agent authorized by appointment or by law to receive service of process. If personal service cannot be made on one of the above in Alaska, service may be made as provided in AS 10.06.175(b) or 10.50.065(b). A citation issued to a sole proprietorship must name the owner of the business as the defendant and must be served on that person. A citation issued to a partnership, unincorporated association or other entity must name the entity as the defendant and must be served on a person designated for that entity in Civil Rule 4. (i) Authority of Clerk. The clerk shall return any citation for correction if the citation is deficient because (1) the offense listed on the citation is not in the court system's uniform table of minor offenses; or (2) the citation does not include a certification by the officer, made under penalty of perjury, that the information in the citation is true and that the officer personally served the citation on the defendant. Note: Rule 3(c) refers to Administrative Bulletin 83 "Form of Citation" available on the court system website at http://www.courts.alaska.qov/adminbullpublic.htm. Note: The personal service requirement in Rule 3(f), (g), and (h) is based on AS 12.25.180 and .190 which contemplate that the citation will be issued when "a peace officer stops or contacts a person for the commission of an infraction or a violation..." Alaska Statute 12.25.175(a)(2) requires that the citation state that the citation "was personally served on the person charged." Rule 4. Minor Offenses Not Charged on a Citation. (a) This rule applies to minor offenses charged on an information or complaint without any related criminal charges. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 322 of 369 AGENDA ITEM #13.6.1. Supreme Court Order No. 1797 Page 5 of 21 Effective Date: April 15, 2013 (b) The charging document must include the information required by Rule 3(b) and the administrative bulletin issued under Rule 3(c). The defendant's social security number may not appear on an information or complaint. Each defendant joined in an information or complaint must be assigned a separate case number. The prosecuting authority must provide the court with an additional copy of the charging document for each defendant's case file. Except as provided in (c) below, an information or complaint must name an individual or individuals as the defendant. (c) An information or complaint charging a corporation, limited liability company, or other entity must name the defendant as provided in Rule 3(h).The summons must be served on a person listed in Rule 3(h). (d) A summons shall be issued by a judge or magistrate only if probable cause has been established as provided in Criminal Rule 4(a)(1). The summons must be on a form approved by the administrative director. The prosecuting authority shall furnish the court with a copy of the summons and charging document to be served on the defendant. (e) The summons and charging document shall be served together. They may be served upon the defendant by any peace officer or by any other person authorized to serve a summons in a civil action, within this state or the United States or any of its possessions, by delivering a copy to the defendant personally, or by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by certified mail as provided in Civil Rule 4(h). Proof of service must be filed with the court. If requesting service by certified mail, the prosecuting authority shall give the court an addressed envelope, adequate postage, and appropriate Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 323 of 369 AGENDA ITEM #13.6.1. Supreme Court Order No. 1797 Page 6 of 21 Effective Date: April 15, 2013 completed postal forms and must address the delivery receipt so it is returned to the court. (f) If the offense charged is on a bail forfeiture schedule or fine schedule, the defendant must, within 30 days after being served with the summons, respond to the summons using one of the options provided in Rule 5. Rule 5. Optional Court Appearance. (a) A defendant charged with a minor offense for which a bail forfeiture amount has been established by supreme court order or for which a scheduled fine amount has been established by statute or ordinance must within 30 days after the citation was issued: (1) appear for arraignment at the time and place indicated on the citation. Arraignment must be conducted in accordance with District Court Criminal Rule 1; or (2) enter a plea of not guilty and request trial by mailing or delivering a signed plea as directed on the citation; or (3) enter a plea of no contest and submit payment of the citation, plus any surcharge established by statute, as directed on the citation; or (4) provide proof of compliance to a law enforcement agency if a statute, regulation, or ordinance permits dismissal of the citation upon a showing of compliance, except that proof of compliance also may be made to the court for violation of AS 28.15.131 (failure to carry or exhibit license) or AS 28.22.019 (proof of insurance). The court or municipality shall dismiss the citation upon notification from the agency or proof of compliance. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 324 of 369 AGENDA ITEM #13.8.1. Supreme Court Order No. 1797 Page 7 of 21 Effective Date: April 15, 2013 (b) A defendant who mails or delivers an unsigned copy of the citation with the defendant's payment will be deemed to have entered a plea of no contest unless the defendant designates otherwise. Rule 6. Mandatory Court Appearance. A defendant charged with a minor offense for which no bail forfeiture amount has been established by supreme court order and for which no scheduled fine amount has been established by statute or ordinance must: (a) appear for arraignment at the time and place indicated on the citation or summons. Arraignment must be conducted in accordance with District Court Criminal Rule 1; or (b) provide proof of compliance to a law enforcement agency if a statute, regulation, or ordinance permits dismissal of the citation upon a showing of compliance. The court or municipality shall dismiss the citation upon notification from the agency. Rule 7. Pleas. (a) When a no contest plea is entered, a judgment of conviction will be entered. (b) When a plea of not guilty is entered, the defendant is not required to post bail pending trial. When trial is requested, the case will be set on the calendar and notice sent to the parties. Rule 8. Defendants Under 18. A defendant under 18 years of age at the time of the offense must be accompanied by a parent, guardian, or legal custodian at any court appearance for a minor offense until the defendant reaches age 18. Rule 9. Failure to Respond or to Appear. (a) Failure to Respond to Citation. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 325 of 369 AGENDA ITEM #13.B.1. Supreme Court Order No. 1797 Page 8 of 21 Effective Date: April 15, 2013 (1) Default Judgment. If a defendant fails to respond as provided in Rules 5 or 6, the court may, without finding probable cause to believe the defendant committed the offense, enter a default judgment of conviction as provided in Rule 10. (2) Warning Notice Requirement. At least 15 days before default judgment is entered, a notice advising the defendant of the consequences of a failure to respond must be sent to the defendant at the address on record with the Division of Motor Vehicles or the address shown on the citation. (3) Citations Filed iMth Municipalities. If the citation is initially filed with a municipality as provided in Administrative Bulletin 39, the municipality may request a default judgment by filing with the court the citation and an affidavit from a municipal employee stating that the municipality sent the defendant the warning notice required in (2) above and the defendant failed to respond. If the municipality has entered into an agreement to file citations electronically under Rule 22, the agreement must include procedures for verifying that the defendant was sent the warning notice and failed to respond. Requests for default judgment must be filed within six months after the citation was issued. (b) Failure to Appear After Summons. If a defendant who has been served a summons issued under Rule 4 fails to appear, the court may enter a default judgment of conviction as provided in Rule 10. (c) Failure to Appear for Trial. If a defendant has been sent notice of a trial date and then fails to appear on the scheduled date, the court may, without finding probable cause to believe the defendant committed the offense, enter a default judgment of conviction as provided in Rule 10. The notice of a trial date must advise the defendant of the consequences if the defendant fails to appear. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 326 of 369 AGENDA ITEM #13.B.1. Supreme Court Order No. 1797 Page 9 of 21 Effective Date: April 15, 2013 (d) Bench Warrants Prohibited. The court shall not issue a bench warrant for failure to respond or appear or for failure to satisfy the judgment in a minor offense case. This provision does not apply to minor offenses filed in criminal cases as provided in Rule 17 and Rule 18. Rule 10. Judgment, Costs, Fees, and Relief from Default Judgment. (a) Fine. A judgment of conviction must order payment of the fine as follows: (1) After Plea or Trial. (A) Pursuant to AS 12.25.230(c), the fine may not exceed the amount listed on the bail forfeiture or fine schedule. A scheduled fine amount may not be reduced if a municipal ordinance prohibits reduction of the fine amount. (B) For offenses that require a mandatory court appearance, the court may impose a fine up to the maximum authorized by statute or ordinance. (2) Default Judgment. A default judgment entered under Rule 9 must require the defendant to pay the scheduled bail or fine amount if the offense is an optional court appearance offense or the maximum penalty if the offense is a mandatory court appearance offense. (b) Surcharge. All judgments must order payment of any applicable surcharge. (c) Forfeiture. (1) A default judgment or a judgment entered on a no contest plea must order forfeiture of any seized items listed on the citation or other charging document. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 327 of 369 AGENDA ITEM #13.8.1. Supreme Court Order No. 1797 Page 10 of 21 Effective Date: April 15, 2013 (2) All other judgments of conviction must order forfeiture of: (A) all fish and game seized under AS 16.05.190 and listed on the citation or other charging document, (B) all fish, or its fair market value, taken or retained as a result of a strict liability commercial fishing violation as provided in AS 16.05.722(b), (C) any seized items listed on the citation or other charging document if a statute or ordinance requires the item to be forfeited upon conviction, and (D) any other items ordered by the court to be forfeited when forfeiture is authorized by statute or ordinance. (3) Forfeited items shall be disposed of at the discretion of the prosecuting authority, unless otherwise ordered by the court. (d) Restitution. If the offense is a mandatory appearance offense, the court may order restitution as provided in AS 16.05.925(b) or any other statute or ordinance authorizing restitution. If the offense is a mandatory appearance offense, any default judgment entered must order payment of any applicable restitution listed in AS 16.05.925(6). As provided in AS 16.05.165(d), restitution under AS 16.05.925(b) may not be ordered for offenses for which bail has been forfeited under AS 16.05.165(c). (e) Court Costs for Default Judgments. A default judgment entered under Rule 9 must require the defendant to pay court costs in the amount of$25. Court costs imposed under this rule must be deposited in the state general fund. (f) Collection Costs -All Judgments. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 328 of 369 AGENDA ITEM #13.8.1. Supreme Court Order No. 1797 Page 11 of 21 Effective Date: April 15, 2013 (1) The defendant will be assessed $25 in collection costs if the judgment is transferred for collection against the defendant's Alaska Permanent Fund Dividend as provided in Administrative Bulletin 43. The court may waive this collection cost upon a showing of good cause. Collection costs imposed under this paragraph belong to the political entity that prosecuted the offense. (2) For execution procedures not covered under (1), the defendant will be assessed collection costs in the amount authorized by Civil Rule 69 and Administrative Rule 11. (g) Relief from Default Judgment. (1) Upon a motion filed within one year after entry of a default judgment under Rule 9(a), (b) or (c), the court may vacate the judgment if the defendant shows that either (A) there is a good reason for the failure to respond or appear and the defendant has a meritorious defense to the offense charged, or (B) the proceedings were not fair to the defendant because the defendant did not receive notice of the charge or the procedure for responding to the charge or that a default judgment would be entered if defendant did not respond to the charge. (2) If the judgment is vacated, the case must be set for trial unless the prosecution dismisses the case or, if the offense is correctable, the defendant shows proof of compliance with the law. (h) Authority of Clerk. The clerk is authorized to enter judgments of conviction when a defendant mails or delivers to the clerk a plea of no contest, fails to respond to a citation or summons, or fails to appear for trial. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 329 of 369 AGENDA ITEM #13.6.1. Supreme Court Order No. 1797 Page 12 of 21 Effective Date: April 15, 2013 (i) Disposition of Records of Conviction. The court system must transmit notice of conviction to the following agencies: (1) In the case of a motor vehicle offense, the conviction will be transmitted to the Department of Administration, Division of Motor Vehicles. (2) In the case of a fish and game violation, the conviction will be transmitted to the Department of Public Safety. (3) In the case of a commercial fishing violation, the conviction and sentence will be transmitted to the Commercial Fisheries Entry Commission as required by AS 16.43.880 and AS 16.43.970. Rule 11. Dismissal and Deferred Prosecution. (a) By Prosecuting Attorney. The prosecuting attorney may file a dismissal of a minor offense citation or information. (b) By Court. The court may dismiss a citation or information if (1) there is unnecessary delay in bringing a defendant to trial pursuant to Rule 15 of this rule; (2) the prosecution or the prosecution's representative under (I) of this rule fails to appear for trial; or (3) dismissal is in furtherance of justice. The reasons for the dismissal shall be set forth in the order or on the record. (c) Identity Error in Charging Document. If the prosecution initiates or concurs with the dismissal of charges against a defendant because the named defendant was not the person whom the prosecution intended to charge with the offense, the court shall enter a written order of dismissal clearly stating that this is the reason for the dismissal. (d) Deferred Prosecution. When a citation has been filed with the court and the prosecutor enters into an agreement with the defendant Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 330 of 369 AGENDA ITEM #13.6.1. Supreme Court Order No. 1797 Page 13 of 21 Effective Date: April 15, 2013 to defer prosecution based on the defendant's agreement to complete a defensive driving course or on other conditions, the prosecutor must file the agreement with the court. The agreement must include the date by which the defendant must complete the defensive driving course or other conditions and the date by which the prosecutor will file a dismissal. If the agreement is conditioned upon payment of a fee or costs, payment may not be made to the court. Upon satisfactory completion of the agreement, the prosecutor must file a notice of dismissal with the court. If a notice of dismissal is not filed by the date stated in the agreement, the court may enter a judgment of conviction. Note: Rule 11(d) clarifies that defensive driving course dismissals are within the jurisdiction of the prosecuting authority as a form of deferred prosecution. Rule 12. Non-Attorney Representation. (a) Representation of State or Municipality by Non-Attorney. A municipal corporation or the State of Alaska may be represented by an employee of the state, the municipality, or other political subdivision of the state for the prosecution of minor offenses under this rule. The representative may give testimony, offer exhibits, and call witnesses for examination by the court, but may not examine witnesses, make opening and closing arguments, or otherwise act as an attorney. The representative need not be employed by the same government entity represented, but must be authorized by the entity to represent it. (b) Corporations. A corporation or other public or private organization may be represented in any stage of a minor offense proceeding, including an appeal, by any officer or employee authorized in writing to represent it. Rule 13. Temporary Transfer of Minor Offense Cases. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 331 of 369 AGENDA ITEM #13.6.1. Supreme Court Order No. 1797 Page 14 of 21 Effective Date:April 15, 2013 (a) For purposes of this rule, the term "original court' means the court in which a minor offense case is pending. The term "second court" means the court to which the defendant requests that the case be temporarily transferred. (b) A minor offense case may be temporarily transferred from the original court to a second court for purposes of arraignment under the circumstances described below: (1) If there is a mandatory court appearance for the minor offense, the defendant may request a temporary transfer from the original court to the court nearest the place where the defendant resides or is employed; or (2) If a warrant relating to the minor offense is outstanding, the defendant may request a temporary transfer from the original court to the nearest court; or (3) If the defendant is arrested on a bench warrant relating to the minor offense, the defendant may request a temporary transfer from the original court to the court where the defendant was arrested. (c) The request for temporary transfer may be made in writing or in person to the clerk of court in the original court or to the clerk of court in the second court. (d) If the requirements of subsection (b) are satisfied, the clerk shall grant the request for temporary transfer. Approval of the prosecuting authority at the original court is not required. (e) The clerk who grants the request shall immediately notify the other court of the temporary transfer. Following notification, the clerk in the original court shall quash any outstanding warrants relating to the minor offense. If the request is granted by the second court and the original Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 332 of 369 AGENDA ITEM #13.6.1. Supreme Court Order No. 1797 Page 15 of 21 Effective Date: April 15, 2013 court cannot immediately be contacted, the clerk in the second court shall quash any outstanding warrants relating to the minor offense. (f) The defendant may be arraigned in the second court on a copy or facsimile of the citation. (g) If the defendant enters a plea of guilty or no contest in the second court, the defendant shall be sentenced in the second court. If the defendant enters a plea of not guilty, the second court shall return the case to the original court for trial setting. (h) After the plea has been entered, the second court shall, within 10 working days, return all papers to the original court. Rule 14. Change of Venue. A request to change the place of trial in a minor offense case may be made for the reasons stated in AS 22.15.080. It must be made by motion and must be supported by affidavit. The opposing party has five days from the date of service to file a response. If the court grants the motion, the clerk in the court where the case is filed must transmit the file to the new court. Rule 15. Speedy Trial - When Time Commences to Run. The right to speedy trial on minor offenses is governed by Criminal Rule 45. A defendant charged with a minor offense must be tried within 120 days from the date the defendant's request for trial is received by the court or the municipality, whichever occurs first. If the defendant is to be tried after a judgment is vacated, a mistrial, an order for a new trial, or an appeal, the time for trial shall run from the date the judgment was vacated, the date of mistrial or order granting a new trial, or the remand date. Rule 16. Peremptory Challenges. A judge in a minor offense case may not be peremptorily challenged under either Criminal Rule 25(d) or AS 22.20.022. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 333 of 369 AGENDA ITEM #13.6.1. Supreme Court Order No. 1797 Page 16 of 21 Effective Date: April 15, 2013 Rule 17. Minor Offense Joined with Related Criminal Offense. (a) A prosecutor may join a minor offense with a related criminal offense under the circumstances described in Criminal Rule 8(a). (b) Except as provided in Rule 18, a minor offense citation may not be filed in a criminal case. (c) The minor offense joined with a criminal offense must be charged in a separate count in the criminal complaint, information or indictment. The minor offense count must include the arrest tracking number(ATN) and charge tracking number (CTN) as required by Criminal Rule 3(c) or 7(c). It must also include the statute, regulation or ordinance as identified in the uniform table of minor offenses required in Rule 3(b). (d) If a citation is issued for a minor offense and the prosecutor wishes to join that offense with a criminal offense, the prosecutor must file a "Notice Joining Minor Offense with Criminal Offense" in the minor offense case. This notice will close the minor offense case. The prosecutor must list the minor offense as a count in the criminal charging document as provided in subsection (c). (e) Criminal procedures rather than minor offense procedures apply to minor offenses joined with related criminal offenses. (f) If the minor offense joined with a related criminal charge is listed on a bail forfeiture schedule or municipal fine schedule, the fine may not exceed the amount listed on the schedule. A scheduled fine amount may not be reduced if a municipal ordinance prohibits reduction of the fine amount. Rule 18. Minor Offenses that Must be Filed as Criminal Cases. The offenses listed as exceptions to the minor offense case numbering policy in Administrative Bulletin 7 must be filed as criminal cases and must be assigned criminal case numbers, even though these offenses Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 334 of 369 AGENDA ITEM #13.B.1. Supreme Court Order No. 1797 Page 17 of 21 Effective Date: April 15, 2013 are not classified by statute as criminal offenses. Criminal procedures rather than minor offense procedures apply to these offenses. Note: Under Administrative Bulletin 7, available on the court system website at http://www.courts.alaska.qov/admi nbull public.him, the following offenses must be filed as a criminal case: AS 04.16.050(b) Minor Consuming Alcohol; AS 04.16.050(c) Repeat Minor Consuming; AS 28.35.280 Minor Operating Vehicle after Consuming; AS 28.35.285 Minor Refusing To Submit to Chemical Test, and AS 28.35.290 Minor Operating Vehicle Within 24 Hours of Being Cited for Offenses Under AS 28.35.280 or 285. Rule 19. Telephonic Participation in Minor Offense Cases. In any proceeding the defendant may waive the right to be present and request to participate by telephone. The defendant's waiver of the right to be physically present may be obtained orally on the record or in writing. The court may allow telephonic participation of one or more parties, witnesses, counsel or the judge at trial or any other proceeding unless good cause or due process requires otherwise. The responsibility for the cost of a telephonic hearing is governed by Administrative Rule 48(b). Rule 20. Form of Judgment. (a) Electronic Record Is Official Judgment. The official judgment in a minor offense case is the electronic record in the case management system. The clerk will provide a printout of the electronic judgment upon request. (b) Content. An electronic judgment must contain the following information: Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 335 of 369 AGENDA ITEM #13.B.1. Supreme Court Order No. 1797 Page 18 of 21 Effective Date: April 15, 2013 (1)the case number, (2)the date of the offense, (3)the defendant's full name, (4)the following information if it appears on the citation: (A)the defendant's date of birth, (B)the defendant's address, and (C)the defendant's driver's license or ID number. (5) the name of the offense and number of the statute, regulation or ordinance of which the defendant is charged or convicted, (6)the DMV code of the offense if it appears on the citation, (7)the defendant's plea, and (8)the final disposition (including sentence). Rule 21. Commencement of Time for Appeal; Writ of Execution. (a) Commencement of Time for Appeal. (1) Judgment Based on No Contest Plea. When a defendant mails or delivers a no contest plea, a copy of the judgment will not be distributed to the parties, except upon request. To appeal a judgment based on a no contest plea, other than an appeal of the penalty, the defendant must first move to withdraw the plea under Criminal Rule 11. Appeal may be taken from an order denying (or granting) the motion. The appeal must be filed within 30 days after the date shown in the clerk's certificate of distribution on the order. (2) Default Judgment. When a judgment of conviction is entered under Rule 9, a copy of the judgment will not be distributed to the parties, except upon request. To appeal a default judgment, the defendant must first move to vacate or modify the judgment under Rule 10(g). Appeal may be taken from an order denying (or granting) the motion. The appeal must be Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 336 of 369 AGENDA ITEM #13.6.1. Supreme Court Order No. 1797 Page 19 of 21 Effective Date: April 15, 2013 filed within 30 days atter the date shown in the clerk's certificate of distribution on the order. (3) Judgment Entered in Open Court. When judgment of conviction is entered in open court, parties who are present will be given written notice of the terms of the judgment. Any appeal must be fled within 30 days from the date the judgment is announced in court. This also applies to an order of dismissal entered in open court. (4) Matters Taken Under Advisement. When a court takes a matter under advisement, the court will reduce its decision to writing. A copy of the written order or judgment will be distributed to the parties. Any appeal must be filed within 30 days from the date of distribution of the order or judgment. (b) Writ of Execution.Writs of execution may be issued to enforce minor offense judgments, including electronic judgments, as provided in Civil Rule 69. Rule 22. Electronic Citations in Minor Offense Cases. (a) Authorization for Filing Citations Electronically. The administrative director may enter into an agreement with a law enforcement agency to allow the law enforcement agency to file citations charging minor offenses, as defined Rule 2, by transmitting data electronically rather than by filing paper citations. The administrative director may enter into an agreement if the law enforcement agency's systems and procedures assure that: (1) the charging officer will issue a paper citation to the defendant in accordance with AS 12.25.190; (2) a paper citation issued from an electronic device will contain the charging officers electronic or digital signature as defined in AS 09.80.190; Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 337 of 369 AGENDA ITEM #13.B.1. Supreme Court Order No. 1797 Page 20 of 21 Effective Date: April 15, 2013 (3) the court will have the ability to view an electronic version of the paper citation that the charging officer issued to the defendant, including the charging officers electronic, digital, or handwritten signature; (4) the agency has a written acknowledgement from each peace officer authorized to issue electronic citations certifying that the officer understands that affixing an electronic or digital signature to a citation is the legally binding equivalent of signing a citation by hand, and that by affixing an electronic or digital signature, the officer intends to be bound by the signature; (5) the agency employs policies that hold individual officers accountable and responsible for actions initiated under their electronic or digital signatures; and (6) the agency employs adequate security procedures to verify that an electronic signature, record, or performance is that of a specific person and to detect changes or errors in the electronic records related to the citation. (b) Electronic Signature. A charging officer's electronic or digital signature on a citation is the legally binding equivalent of the officer's handwritten signature and satisfies the requirement of Criminal Rule 3(a) that a citation for a minor offense must be signed with a certification under penalty of perjury that the citation is true. Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 338 of 369 AGENDA ITEM #13.B.1. Supreme Court Order No. 1797 Page 21 of 21 Effective Date: April 15, 2013 DATED: January 22, 2013 EFFECTIVE DATE: April 15, 2013 /s/ Chief Justice Fabe /s/ Justice Carpeneti /s/ Justice Winfree /s/ Justice Stowers /s/ Justice Maassen Resolution No. FY2015-10 Adopting a Schedule of Fines for Ce... Page 339 of 369 AGENDA ITEM #13.D.1. Estimate Northwest Barriers LLC Date Estimate# 2147 W Shirley Rd Wasilla,AK 99623 926/2014 743 Name/Address Kodiak Island Borough Bayview Road Service District 710 Mill Bay Road Kodiak,AK 99615 Description Qty UIM Rate Total Project Location:Bayview Road&Mnnashka Circle Guardrail Installation-Pen Fool 350 LF 47.00 15.050.00 Beaver Tail End 2 EA 800.00 1.600.00 If breakaway ends are required replace beaver tail ends with DEA(Downstream End Anchor)/ii;S2,500 each. Exclusions Clearing Grading Slaking Utility Locates Utility Conflicts Solid Rock Frozen Ground Asphalt Repair Traffic Control 0.00 Estimate is based on doing this work while we are already in Kodiak on other jobs with our guardrail truck and equipment. Total $16,650.00 Phone Si (907)376-7498 Fax# (9071 376-7438 E-mail awbarrierrative.com Bay View Service Area Request for Funding of a Guard Rail Pr... Page 340 of 369 AGENDA ITEM #13.D.1. • FENCE COMPANY, Inc Chain Link-Guardrail-Ornamental/mn-Deooretive Panels Automatic Gates-Cedar-Highway Signing-Material Supply October 2,2014 To: Fred Roberts Re: Monashka-Bayview Guardrail Acme Fence Company's price to furnish and install the following items for the above mentioned project is as follows: Qty I Description I Unit Price I Extended Price' 350 L.F. WBeam Guardrail $65.00 $22,750.00 1 Each ET-2000 $5,400.00 $5,400.00 1 Each Controlled Release Terminal $5,900.00 $5,900.00 • 1 Each Mobilization/Demobilization $12,000.00 $12,000.00 TOTAL: $46,050.00 'Exclude clearing,grading,staking,permits,signs,traffic maintenance/control,utility locates,staging area,frozen ground,embankment widening, core drilling,asphalt damage/repair,landscape damage/repair,private utility lomat',exposing of utility line if in conflict,cutting of asphalt, drilling/excavating of pose holes if needed due In rock,SWINT,and temporary ash cushions or TAIAs if requested for guardrail installation. Add cost of bond if required. Thank you for considering Acme Fence Company,Inc. Sincerely, Agreed upon by- Printed Name and Gale Signature Mark Lulay Acme Fence Company requires a down payment of 50%to begin work wile the balance due upon completion and receipt of Ural'invoice. Prices are good for 60 days firm date of issue. 6230 A Street-Anchorage,Alaska 99518-(907)522-1155-Fax (907)344-0870 Bay View Service Area Request for Funding of a Guard Rail Pr... Page 341 of 369 AGENDA ITEM #13.D.1. r Kodiak Island Borough 4ryi C.,k. s 7. x ra f OFFICE of the MANAGER h Bud Cassidy, Borough Manager r:Mk '-_. o , e MEMORANDUM Date: August 7,2014 To: Borough Ass b(y Members From: Bud Cassidy rough Manager Re: Bay View Service Area request for Assembly funding of guardrail. INTRODUCTION I have been meeting with Reed Oswalt, Chairman of the Bay View Road Service Area.He has made me aware of a safety issue that occurs at the intersection of Monahska Circle and Bay View road. During the winter months some vehicles are not making the right hand turn off of Monahska Circle and on to Bay View Road. These vehicles end up not just off the road, but continue over a substantial drop off onto private land.The Road Service Area believes that the solution is the installation of a guardrail at this site (pictures provided). Chairman Oswalt representing the board argues that the cost associated with installing this guardrail is above and beyond the powers of the road service district to provide road construction and maintenance. Because the solution to this issue is one of basic safety, the board contends that the cost of guardrail installation lies with and is a responsibility of the Borough's. OPTIONS 1. Borough Incur Cost of Guardrail Installation Bay View Road Service Area believes that this is a safety issue that should be resolved with the expenditure of Borough funds. (The design of Bay View Road did not show guardrail installation at this location). Money for the project could come from interest earnings from a number of Borough funds or From the general fund,although use of the general fund is not recommended. 2. Raise Service Area Mill Rate to Cover Costs. I've worked with the Borough Assessor and the Finance Director to provide the Bay View Road Service Area a spreadsheet (attached) that identifies how much real property mill rates would have to be increased to complete the project. This is probably the most appropriate method of funding this project. The installation of guardrails and the resolution of other safety issues appear to be the responsibility of the all road service areas. GUARDRAIL BID The bid acquired by Mr. Oswalt to install guardrail was solicited from the company presently installing guardrails as part of the Monashka Bay road paving project. This is an acceptable price. Project management costs and other admin costs would have to be added to the overall project budget. Using the services of the company installing guardrail along Monashka Bay Road would be a sole source bid, but like the paving of the Jackson Lane approach area in Service Area No. 1,which was approved by the Assembly, the company installing guardrails was probably part of an overall competitive bidding process. Confirmation of that would occur if this request moves forward. CONCLUSION Installation of a guardrail at this site will prevent vehicles from continuing over the steep bank at the intersection of Monashka Circle and Bay View Drive. There should be concern that though vehicles will no longer go over the bank as a result of this proposed guardrail, the guardrail itself will sustain damage by those same vehicles. There will be a need to provide regular maintenance to any installed guardrail that becomes damaged. Extra sanding of the intersection or some ice melt product are two alternatives that may be warranted.Staff is looking for direction. Bay View Service Area Request for Funding of a Guard Rail Pr... Page 342 of 369 AGENDA ITEM #13.D.1. Estimate Northwest Barriers LLC Date Estimate# 2147 %V Shirley Rd Wasilla,AK 99654 5129/2014 743 Name/Address Kodiak Island Borough Bayview Road Service District 710 Mill Bay Road Kodiak,AK 99615 Description Oty U/M Rate Total Project Location:Bayview Road&Monashka Circle Guardrail Installation•Per Foot 350 LF 43.00 15,050.00 Beaver Tail End 2 EA 800.00 1,600.00 I('breakaway ends are required replace heaver tail ends with DEA(Downstream End Anchor) n 52.500 each. Exclusions Clearing Grading Staking Utility Locates Utility Conflicts Solid Rock Frozen Ground Asphalt Repair Traffic Control 0.00 Estimate is based on doing this work while we are already in Kodiak on other jobs with our guardrail truck and equipment. Total $16,650.00 Phone (907)376.7498 Fax# 1907)376-7438 E-mall nwbarrier_ilive.cont Bay View Service Area Request for Funding of a Guard Rail Pr... 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Chapter 4.90 BAY VIEW ROAD SERVICE AREA Page 1 of I Chapter 4.90 BAY VIEW ROAD SERVICE AREA Sections: 4,90.010 Creation and powers. 4.90.015 Service area exemptions. 4.90 020 Board. 4.90.010 Creation and powers. The Bay View road service area is established pursuant to Ordinance No.86-32-0 and encompasses the area described in that ordinance. Road construction and maintenance powers shall be exercised in the Bay View road service area.[Ord.91-11 §§2,7, 1991]. 4.90.015 Service area exemptions. Parcels abutting state-maintained roads whose only access is on a state-maintained road and there is no potential use of service area roads for access within described boundaries of the service area shall be excluded from road construction and maintenance and the rate of taxation to finance that service within the service area.The determination that the parcel receives no benefits from the service shall be made by the manager, or designee,and is appealable to the assembly.[Ord.98-04 §2, 1998;Ord.97-28§4, 1997]. 4.90.020 Board. The Bay View road service area board shall consist of five members.(Ord.98-04§2,1998;Ord.91- 11 §§2,7, 1991;Ord.86-32-0§1, 1986). The Kodiak Island Borough Code Is current through Ordinance FY2014-20,passed July 3,2014. Disclaimer:The Borough Clerk's Office has the official version of the Kodiak Island Borough Code.Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. http://www.codepublishing.coin/AK/kodiakislandborough/htmhkod iakislandborough04/Ko... 8/7/2014 Bay View Service Area Request for Funding of a Guard Rail Pr... Page 346 of 369 03 m i< G CD (1) CD C) CD > CD 0) PID ADDRESS OWNER SENIOR TOTAL ASSESSED .TOTAL TAXABLE CURRENT CURRENET. PROPOSED. .PROPOSED ANNUAL TAX INCREASE X - - EXEMPT PROPERTY VALUE LESS EXEMPT MILL RATE : . ,LAX. .•MIL RATE'. PROPERTY.TAXS;. FOR 10 YEARS ._ CD 16761 1832 MONASHKA CIA NANOFF,PETER N 114.200 114,100 1375 1,570.25 13.987 51,597.29 527.04 .0 16776 1592 MONASHKA CIR TORMALA THOMAS BONNIE N 93,300 93,300 13.35 1.28188 1398] $1,300.97 $11.09 C 36749 1579 MONASHKA CIR IIAMILL TRENT N 228,000 228.000 13.75 3,135.00 13.987 53,188.99 553.99 (D _16750 2753 MONASHKA BAY RD ESTRADA RES,&CANDACE N 83,400 83.400 13.75 1,196.75 13387 $1,166.50 519.75 CP .-o- 16751 3609 MONASHKA OR 108 MARK ALICE N 301.000 301,000 13.75 4,138.75 13.987 54,11003 571.28 Q 16753 1649 MONASHKA CIR CARMICHAEL JAMES MARGO Y 303.400 153.400 13.75 3,109.25 13.987 52.14558 $36.33 16753 1693 MONASHKA CR DECKER REV.TRUST JARED 5 JANICE E Y 184,800 34.800 13.75 478.50 13.901 5986.74 $8.24 T▪I 16754 1737 MONASHKA OR ORUPP ERIK DIANNE Y 365,200 215,200 13.75 2.959,00 13.987 53,009.96 $50.96 • C 16756 1825MONASHKA CIR POND DONALD A JEANNEW Y 294,300 144,300 13.75 1.984.03 13.987 $2,018.30 534,17 16758 1544 THREE SISTERS WAY EWFMIO,JAMES&ELIZABETH N 496,800 496,803 13.75 6,831.00 33.987 _ $6,948.65 5117.65 d - BAY VIEW• 16759 1892 KA OR EUGENIO JAMES N 449,100 419.100 13.75 6375.13 13.987 $6,201.08 5106.35 CO 167 2887 BAY VIEW DR TEUBER ANDREW N 515.203 515,200 13.75 3,084,03 13.987 $7,306.01 5122.01 O 16763 2915 BAY VIEW O ,0 R ZELOOF,LESLIE ETAL N 6340 634,800 13.75 8]2850 13.987 $5,878.83 515033 ti. 16764 3019 BAY VIEW DR HAGEMEYER ETAL HENRY N 316.100 316.300 11.75 4,346.38 13.987 $4,42123 57486 0) 16765 3065 BAY VIEW DR COEN ETAL STEPHEN N 440,800 440.800 13.75 6,061.00 13,987 $6,165.39 5104.39 0 16766 3153 BAY VIEW DR STREETJAMES STACEY N 305,700 305303 13.75 4,70338 13.987 $4,275.77 572.39 C 16767 3203 BAY VIEW DR JOSEPH00&DAWN BLACK FAMILY TRUST Y 232,500 82,8 13.75 1,13850 13.987 51,156.31 519.61 0) 16768 3233 BAY VIEW DR DEW ETAL C BRAXTON Y 448,600 298.600 13.75 4,10850 1398) 54,179.26 530)6 d 16769 3265 BAY VIEW OR CUMMINGS LIVING TRUST N 495.500 496,500 13.75 6,826.88 13.987 _ $6,944.45 5117.58 16770 3277 BAY VIEW OR MONK ERIC MARY N 306,000 306.000 13.75 4,207.50 13.387 $4,279.97 $72.47 23 16771 3353 BAY VIEW OR COE EDWARD N 335,200 335,200 13.75 4,609.03 13.987 54,688.35 579.38 SU 16772 3393 BAY VIEW DR YOVINO BILLY SA N 263,900 213,900 13,75 3.628.63 13.987 $3.691.12 $6250 16773 3411 RAY VIEW OR YOVINO WILLIAM N 185.400 185.400 13.75 2549.25 13.987 $2,593.16 $43.91 16774 3601 BAY VIEW OR OSWALT MARCIA Y 351,800 201,800 13.75 7,774.75 13.987 51872.54 547,79 16775 1552 MONASHKA CIR WALTON ETAL EDWARD Y 275,800 125.800 13.75 1,729.75 13.987 $1,75954 $29.79 16777 1638 MONASHKA CIR MARCH IEFFRY FRANCE N 229,100 229,100 13.75 3,150.13 13.987_ 53.201.38 554.15 16118 2672 MONASNKA CIR KONLMERR ETA&JAMIE N X 146,200 246, 0 13.75 3,385.25 13987 53,44335 558,30 16780 1760 MONASHKA OR ROBERTS FREDERICK N 292,200 292,2W 13.75 4,017.75 13.98]_ 54,086.95 569.26 00 16781 29BAY VIEW DR RAUWOLF,SEAN N 300,900 300,900 13.75 4,137.38 1398] 54,20063 $71.76 16754 3158 BAY VIEW OR CHASE RONALD MARY Y 397.003 247.000 13.71 3,396.25 13.987_ 53,454.74 558,49 16785 3376 BAY VIEW OR FINN THOMAS MARIE N 343,000 343,000 13.75 4,716.25 13.98] 54.797.48 $81.23 16786 3446 BAY VIEW DR SCHAUFF BARRY&FRICKA N 431,100 431,100 13.75 5,927.63 13.981_ 56.029.72 $10209 16755 1781 MONASHKA OR STEPHAN JEFFREY KAREN N 51,300 51,300 13.75 705.38 13.987 $71752 $12.15 16757 1869 MONASHKA OR EUFFMIO JAMES N 51,800 51.803 13,75 712.25 13.987 $724.52 $1137 16762 2949 BAY VIEW DR BROWN MERLE N 74,400 74,400 13.75 1,023.0 13 907 $1040.62 $17.62 16782 31100 BAY VIEW DR BERGSTTDT YVONNE N 56300 56,303 13.75 774.13 13.987 $787.46 513.33 16783 3116 BAY VIEW DR r0ouK OlAND BOROWH Y 13751• 3.987 5000 $0.00 16787 3501 MONASHKA BAY RD OSWALT MARCIA N 9,000 9,000 13.75 123.75 13.907 $125.88 $2.13 16788 3450 BAY VIEW OR MK ENTERPRISES,LLC N 7.100 7.103 13.75 97.63 13.987 599.31 51.68 COST OF PROJECT _5__16,6_50.00 9,161,700 ` 5;169.621 111 IO YEAR PAY OFF $ 1.169.62 I ANNUAL PAYMENT C) 1J ASSUME$17,903 LOAN;4.70/4 ANNUAL 0,000237 MILLS FOR 10 YEAR PAYOFF (0) INTEREST;$2,169.62 ANNUAL PAYMENT 001375 CURRENT MAL RATE ni2 (p 001398] PAOPOSFO MITI RATE 0 CU n A J o 0) m coG3 0 AGENDA ITEM #13.D.1. LEVESQUE LAW GROUP, LLC 3380 C Street,Suite 202 Anchorage,Alaska 99503 Phone: (907)261-8935 Fax: (206)309-0667 Email: joe©Ievesqueiawgroup.com MEMORANDUM OPINION TO: Bud Cassidy, Manager Kodiak Island Borough FROM: Joseph N. Levesque !)(r't, Borough Attorney t� DATE: September 9, 2014 RE: Bay View Service Area Liability Our File No. 477-1502 The Kodiak Island Borough ("Borough") has asked our Firm to review the role of the Borough's road service areas in providing improvements to address safety hazards. Specifically, you wish to know whether the Borough is under any obligation to independently finance the installation of a guardrail within the Bay View Service Area ("Service Area"), or whether the guardrail should instead be financed by means of tax revenues raised through an increase to the mil rate of the Service Area's members. As this Memorandum explains, the question of whether the Borough has any legal duty to install the subject guardrail appears to be entirely separate from the question of whether the Borough is permitted by law to itself pay for the guardrail, or whether the funds needed to complete its installation must instead be raised by means of a mil increase or special assessment against those taxpayer properties within the Service Area. Ultimately, this Memorandum concludes that to the extent that the Borough may in any way be exposed to some threat of liability it should consider taking action to assist the Service Area to provide for installation of a guardrail. Further, while the Borough is prohibited by law from contributing any monies from the Borough's general revenue fund, it is obligated to assist the Service Area with raising the funds required to complete the installation, either by approving or authorizing a mil increase, levying a special assessment, or identifying other funding opportunities. Bay View Service Area Request for Funding of a Guard Rail Pr... Page 348 of 369 AGENDA ITEM #13.D.1. LEVESQUE LAW GROUP, LLC Bud Cassidy, Borough Manager September 9, 2014 Page 12 Background The Service Area was apparently established in or around 1986.' The purpose for which it was established was to empower the area residents, through the Borough, to exercise"Road construction and maintenance powers" within the Service Area. Bay View Road was apparently constructed shortly after the Borough established the Service Area. The level of road maintenance services performed within the Service Area since its creation is unclear. However, it may be that the Service Area has kept its expenditures "minimal and only [makes them}when absolutely necessary."2 Recently, the Service Area's Board appeared before the Borough Assembly and requested funding for the installation of a guardrail at an intersection along a roadway falling within the Service Area.' It appears that, since the road's construction, two cars have slid through the intersection at Monashka Circle and Bay View Road, over the side of a 10-foot embankment, and onto private property.4 There is apparently some concern that the intersection may present a safety issue during winter months, during periods in which the road has received little or no maintenance, and especially after rainfall occurs when there is snow on the road. Apparently, the stamped plans for the road's construction do not include a guardrail as part of the project.5 The Service Area Board asserts that because the Borough technically owns the Bay View Road, the Borough is responsible for the installation of the guardrail, with the Board responsible only for the maintenance of Bay View Road and Monashka Circle.6 Liability of Service Areas Versus Boroughs The Alaska Supreme Court explained in North Kenai Peninsula Road Maintenance Service Area v. Kenai Peninsula Borough'that"As a general rule, only independent legal entities may sue or be sued."' Alaska law has specifically conferred corporate status upon boroughs and cities, as well as the right to sue and to be sued.' However, as the Alaska Supreme Court explained with respect to the Kenai Borough: 1 See KIBC 4.90.010; August 15, 2014 Email from Bud Cassidy to Joseph N. Levesque. 2 August 15, 2014 Email from Bud Cassidy to Joseph N. Levesque. 3 Id. ` Id. 5 September 8, 2014 teleconference with Bud Cassidy. 6 August 22, 2014 Bay View Service Area Board Special Meeting Minutes. ' 850 P.2d 636 (Alaska 1993). 6 Id., 9 Maintenance Serv. v. Kenai Peninsula Borough, 850 P.2d at 639 (citing AS 09.65.070- .080, AS 29.04.010-.020; AS 29.35.01004)). Bay View Service Area Request for Funding of a Guard Rail Pr... Page 349 of 369 AGENDA ITEM #13.D.1. LEVESQUE LAW GROUP, LLC Bud Cassidy, Borough Manager - September 9, 2014 Page 13 A service area is a specific geographical area within which a municipal service is furnished by a borough. Its powers derive from statute, charter and ordinance. Service areas have no corporate status or right to sue under any Alaska statute. Neither the Kenai Borough charter nor Borough ordinances confer such status or right. Therefore, the North Service Area does not have standing to sue the Borough.10 The State of Alaska Local Boundary Commission has described service areas similarly, stating that: 'Service area' means an area in which borough services are provided that are not offered on an areawide or nonareawide basis, or in which a higher or different level of areawide or nonareawide services are provided. Borough service areas are not local governments; service area boards lack legislative and executive powers.11 Because municipal service areas are likely not legally separable from municipalities, it seems to follow that liability would in no case attach to service areas, but would instead pass through to the borough that created it. This conclusion is buttressed by the fact that municipalities maintain ultimate control over service areas. For example, the Kodiak Island Borough Code ("KIBC") provides that a board shall supervise each service area,12 which enjoys the authority to adopt a service area work program, as well as an operating budget and capital budget.13 However, because service area boards lack legislative powers, all programs and plans are made expressly subject to the Borough Assembly's approval.14 This indicates that service areas are merely dependent subdivisions, incapable of being held separate from their parent boroughs for purposes of legal liability. Unfortunately, the Alaska Supreme Court has not yet addressed the issue of whether municipal service areas may be held liable for an alleged failure to perform a legal duty, or whether that liability flows through the service area and attaches to the borough that created it. However, to the extent that the Alaska Supreme Court's 10 850 P.2d at 639 (citing Waller v. Butkovich, 584 F. Supp. 909, 925 (M.D.N.C. 1984); Meyer v. City and County of Honolulu, 729 P.2d 388, 390 n. 1 (Hawaii App. 1986) affd in part, reversed in part, 69 Haw. 8, 731 P.2d 149 (1986). 11 State of Alaska, Local Boundary Commission, "Local Government in Alaska", available at http://commerce.alaska.gov/dnn/Portals/4/pub/LocalGovernmentinAlaska032004.pdf 12 KIBC 4.15.010. 13 KIBC 4.20.030(A)-(B). 14 KIBC 4.20.010. Bay View Service Area Request for Funding of a Guard Rail Pr... Page 350 of 369 AGENDA ITEM #13.D.1. • LEVESQUE LAW GROUP, LLC Bud Cassidy, Borough Manager September 9, 2014 Page 14 decision in Maintenance Service Area v. Kenai indicates this is the case, it is important to determine whether the lack of a guardrail at the intersection of Monashka Circle and Bay View Road could potentially expose the Borough to risk. The Borough's Potential Liability Although the Alaska Legislature has generally waived absolute sovereign immunity for the State and its political subdivisions, AS 09.65.070(d)(2) provides that no actions for damages may be brought against municipalities, or any of its agents, officers, or employees if the claim "is based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty...." This "discretionary function exception" excuses municipalities from liability for damages resulting from "planning" decisions, but holds municipalities liable for the "operational" decisions made for the purpose of carrying out a plan. 5 In this instance the facts known are insufficient to make an accurate legal determination regarding potential liability. For that reason, as well as the unpredictability of Alaska's law of negligence, it is always prudent for the Borough to exercise an abundance of caution when approaching such issues. However, the determination as to whether municipalities may be held liable for their actions in many cases comes down to whether the municipality's action was discretionary or operational in nature. For example, in State v. Abbott, the Alaska Supreme Court determined that, while the State of Alaska's decision to perform winter maintenance on the Seward Highway was immune from liability pursuant to the discretional function exception, its decisions related to how the maintenance would occur were not immune.16 According to this logic, there always exists a possibility that a municipality may be held liable for certain actions, depending upon how a reviewing court interprets the chain of decision-making that leads to the alleged negligent act. Because of this possibility, and the Borough's interest in exercising an abundance of caution, it would be prudent for the Borough to actively assist the Service Area with finding some solution to assist it with financing the installation of the guardrail.17 t5 See Gates v. City of Tenakee Springs, 822 P.2d 455, 459 (Alaska 1991); Plancich v. State, 693 P.2d 855 (Alaska 1985); Urethane Specialities, Inc. v. City of Valdez, 620 P.2d 683 (Alaska 1980); State v. Abbott, 498 P.2d 712 (Alaska 1972). 15 State v. Abbot, 498 P.2d at 717-722. 17 Of course, the Borough should also consider whether a guardrail is truly needed. Before taking any action, the Borough should consider engaging a qualified engineer to examine the location and to determine whether a guardrail is required under all applicable standards, or whether some other precaution is sufficient. Bay View Service Area Request for Funding of a Guard Rail Pr... Page 351 of 369 AGENDA ITEM #13.D.1. LEVESQUE LAW GROUP, LLC Bud Cassidy, Borough Manager September 9, 2014 Page I5 Responsibility for Funding the Installation Although the prudence of the decision to install a guardrail is clear, the method by which the Borough procures funding for the installation is not as cut and dry. It is apparently the Service Area's position that the Borough is responsible for procuring the funding for the installation of the guardrail by some means other than through the levy of a tax or special assessment upon the properties within the Service Area.19 The Service Area Board has justified this position by stating that the Service Area is responsible only for the maintenance of roads, and not for their improvement or construction.19 A review of the Borough Code does not seem to support the Board's argument. For example, KIBC 4.90.010, which authorizes the creation of the Service Area, does not limit its scope to road maintenance alone, but instead explicitly grants the authority to exercise road construction powers. In fact, nothing within the Borough Code appears to assign or reserve respective funding responsibilities to the Borough or the Service Area at all. In fact, Alaska law prohibits the Borough from expending general fund revenues obtained through the collection of taxes on anything other than general administrative costs and on areawide functions.20 Because the provision of road construction and maintenance services to the Service Area do not represent either general administrative costs, and are special services that the Borough does not provide on an areawide basis, the Borough may actually be prohibited from funding the installation of a guardrail through the use of general fund revenues. It is perhaps in recognition of this fact that the Borough Code states instead that the Borough "[Ajssembly may levy or authorize the levying of taxes, charges, or assessments in a service area to finance the special services."21 While the Service Area may enjoy some authority to suggest a rate of taxation, charges, bonds, or assessments necessary to meet the service area's needs,22 such suggestions are made expressly subject to the Assembly's approval.23 Although the Borough is not permitted—and is therefore not obligated—to finance the installation of a guardrail through use of its general funds, the Borough could choose to itself pursue and obtain funding by means of a grant from the State,24 or 18 August 22, 2014 Bay View Service Area Board Special Meeting Minutes. 19 Id. 2°AS 29.35.110(a). 21 KIBC 4.20.015. 22 KIBC 4.20.030. 23 KIBC 4.20.015. 24 See, e.g., Anchorage Board of Adjustment v. LBJ, LLC., 228 P.3d 87, 91 (Alaska 2010)(in which the Anchorage School District argued that the Municipality of Anchorage • Bay View Service Area Request for Funding of a Guard Rail Pr... Page 352 of 369 AGENDA ITEM #13.D.1. LEVESQUE LAW GROUP, LLC Bud Cassidy, Borough Manager September 9, 2014 Page 16 could consider enacting an ordinance authorizing the provision of a loan to the Service Area to cover the costs of installing the guardrail.25 It would not be inappropriate, and would in fact be entirely consistent with Alaska law, if the Borough instead exercised its authority to levy a tax or special assessment to finance the installation. First, the imposition of such a tax would likely not require the approval of voters living within the service area 26 In FNSB v. College Utilities, the borough levied a general tax within the College Service Area, for the purpose of making improvements to an existing road within the service area.27 A citizen challenged the general tax on the grounds that the improvements constituted construction, and that the residents of the service area must approve taxes levied for construction, as opposed to maintenance.28 The Alaska Supreme Court disagreed with the challenger, noting that the borough ordinance creating the service area specifically, as is the case here, stated that it would have "road construction and maintenance powers."29 Consequently, the Borough could properly require that the taxpayers residing within the Service Area finance the installation of the guardrail by means of a general levy or special assessment. Second, even if the Borough were permitted to finance the installation of the guardrail using its general funds, requiring the taxpayers who own property within the Service Area to fund the installation of the guardrail would, as a matter of sound public policy, seem consistent with the spirit and the intent of the philosophy permitting the creation of municipal service areas. AS 29.35.450(a) recognizes that the purpose of establishing municipal service areas is so that a borough may endeavor to meet the special needs of a community within it, but that in many cases it may be most appropriate to apportion the costs of meeting those needs to those who directly benefit from the special or elevated services that the area receives. This policy is echoed within the Borough's Code provision related to the Service Area,which excuses property owners whose parcels do not abut the Borough's roadways from taxation and special assessments.30 could potentially ask the State Legislature for a grant to pay for needed road improvements within a service district). 25 See, e.g., FNSBC 14.01.180 (providing for loans to road service areas from the borough's road service revolving fund). 26 See Fairbanks North Star Borough v. College Utilities Corporation, 689 P.2d 460 27 Id., at 463. 28 Id. 29 Id. 30 KIBC 4.90.015. Bay View Service Area Request for Funding of a Guard Rail Pr... Page 353 of 369 AGENDA ITEM #13.D.1. LEVESQUE LAW GROUP, LLC Bud Cassidy, Borough Manager September 9, 2014 Page 17 Conclusion It is impossible, without an in-depth analysis of facts not currently available, to determine whether the absence of a guardrail at the intersection of Monashka Circle and Bay View Road may the potential for creating an issue of liability for the Borough. In large part, that determination with respect to municipalities is, based on the determination of whether an action represented some discretionary decision or was instead operational in nature. Consequently, the Borough's interest in approaching potential liabilities with an abundance of caution supports the conclusion that it should consider taking action to ensure that the Service Area is able to identify a solution for funding the installation of a guardrail, should such installation be necessary to meet industry standards. . While it is dear that the Borough should take steps to assist the Service Area with neutralizing any risk of liability posed by the condition of the intersection, Alaska law prohibits the Borough from itself funding improvements to the Service Area using the Borough's general funds. Even though the Borough has no obligation to finance the improvements to the Service Area that it desires, it may assist with the identification of an alternate funding source, such as State grants. However, in the absence of any other funding source, the improvements must likely be financed by Service Area money raised through the levy of taxes or special assessments against the properties that lie within the Service Area. I am available to discuss this matter with you at any time. Please do not hesitate to contact me. CC: Nova Javier, Clerk Kodiak Island Borough Bay View Service Area Request for Funding of a Guard Rail Pr... Page 354 of 369 AGENDA ITEM #17.A.1. RECEIVED- KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSIO SEP 2 2 2014 MINUTES BOROUGH CLERK'S OFFICE Jy 16,2014 6:30 ..m.int .'ate•••,..,.:_.: I. CALL TO ORDER CHAIR TORRES called to order the July 16, 2014 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES will lead the pledge of allegiance. ROLL CALL Commissioners present were Alan Torres, Alan Schmitt, Kathy Drabek, Jennifer Richcreek, Maria Painter, Scott Amdt, and Pat Olsen. Community Development Department staff present were Director Pederson, Sheila Smith, Martin Lydick, and Jack Maker. APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the July 16, 2014 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the May 21, 2014 and the June 18, 2014 Planning &Zoning Commission minutes. COMMISSIONER PAINTER MOVED to amend the May 21, 2014 minutes on page 6 of 8 on Findings of Facts 17.66.050 which are from the old code, it's changed to 17.195.050 so all the findings need to reflect 17.195.050. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY COMMISSIONER PAINTER MOVED to correct the code references on page 3 of 9 of the June 18, 2014 minutes to reflect the correct code section. Motion withdrawn. COMMISSIONER RICHCREEK MOVED that the minutes of the May 21, 2014 and June 18, 2014 Planning and Zoning Commission shall be administratively amended to reflect the current code citations. Motion withdrawn. COMMISSIONER SCHMITT MOVED that we direct staff to correct the clerical errors in the minutes relative to the code citations. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None 7/16/2014 P&Z Minutes Page 1 of 7 Planning and Zoning Commission, July 16 and August 20, 2014. Page 355 of 369 AGENDA ITEM #17.A.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 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 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 18"i 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 staff's recommendation and if he agrees it is currently zoned R2, Mark Anderson stated he sI 7/16/2014 P&Z Minutes Page Z of 7 Planning and Zoning Commission, July 16 and August 20, 2014. Page 356 of 369 AGENDA ITEM #17.A.1. continues to believe it is zoned Business 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 9-3. 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 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 Planning and Zoning Commission, July 16 and August 20, 2014. Page 357 of 369 AGENDA ITEM #17.A.1. NEW BUSINESS A) Case 14-021. Request a fencing review for outdoor storage on an I-Industrial zoned lot. The applicant proposes no fencing (17.105.060.F).The applicant is Dayton Wandersee and the agent is Paul Johnson.The location is 8100 Rezanof Drive and the zoning is I-Industrial. Maker reported this request is for no fencing between outdoor storage on an Industrial zoned lot. The site is well above Rezanof Drive and blocked off by Rezanof Drive and the area behind the site is of such a height that the screening or fencing will not have any effect. Staff recommended approval. COMMISSIONER ARNDT MOVED to approve the applicant's "no screening required" option for the establishment of outdoor storage use on Lot 13, Seaview Subdivision. Discussion —Amendments may be offered at this time. COMMISSIONER SCHMITT MOVED TO AMEND the motion to read as presented with the addition of "and to adopt Findings of Fact presented in the staff report as Findings of Fact for this case." FINDINGS OF FACT The site is adequately screened by topographical features so that passing motorists will not unduly burdened by the proposed permitted use. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY B) Case 15-001. Request a Screening Review for no screening other than natural vegetation as adequate screening for outdoor storage on a B-Business zoned parcel (KIBC 17.90.050.C). The applicant is Brechan Enterprises, Inc. and the agent is Mark Anderson. The location is Green Mountain Gravel Pit, NMN West Rezanof Drive and the zoning is B-Business. Maker reported this is a screening review where the applicant proposes no screening other than natural vegetation between outdoor storage on a Business zoned lot and adjacent Conservation zoned lots. The proposed site will be cut into the hillside and will be level with Rezanof Drive when completed. The topography of the surrounding area renders conventional screening impractical. Staff recommended approval subject to 1 condition of approval. COMMISSIONER ARNDT MOVED to approve the use of natural vegetation as adequate screening for outdoor storage on a Portion of Parcel A, U.S. Survey 1673, Gibson Cove, 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. 15-001. Discussion CONDITION OF APPROVAL 1. A twenty-five (25) foot buffer of natural vegetation extending inward from the outer boundaries of the parcel that do not abut West Rezanof Drive shall be retained as screening. 7/16/2014 P&Z Minutes Page 4 of 7 Planning and Zoning Commission, July 16 and August 20, 2014. Page 358 of 369 AGENDA ITEM #17.A.1. FINDINGS OF FACT 1. The topographical features of the site, combined with the use of natural vegetation, will provide adequate screening between outdoor storage and the adjacent parcels zoned C. 2. The condition of approval will ensure preservation of the natural vegetation used for screening. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 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 Bay 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 COMMUNICATIONS A) June Planning and Zoning Commission Case Results Letters B) Notice of Violation dated June 9,2014 Director Pederson stated he didn't have any presentation scheduled. COMMISSIONER RICHCREEK MOVED to accept communications as presented. VOICE VOTE ON MOTION 7/16/2014 P&Z Minutes Page 5 of 7 Planning and Zoning Commission, July 16 and August 20, 2014. Page 359 of 369 AGENDA ITEM #17.A.1. REPORTS A) Meeting Schedule: The P&Z will be reviewing the draft revisions to Titles 16 (Subdivisions), Title 17 (Zoning), and Title 18 (Borough Real Property in a series of special meeting and regular meetings on the following dates. • August 13, 2014-Packet Review Work Session-6:30 p.m:KIB Conference Room • August 20, 2014-Regular Meeting-6:30 p.m.-Assembly Chambers 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. Director Pederson said we've incorporated the comments made into the public notice and we're ready to send that out on the code review. We are preparing a staff report that will all go on the website and have set up separate email address for folks to send comments on. COMMISSIONER ARNDT MOVED to advance Titles 16, 17, and 18 to public hearing in reference to memo dates. COMMISSIONER PAINTER MOVED TO AMEND the motion before it goes on the website the commission needs to review the final draft. Discussion of having enough time to review to ensure all proposed changes were made. ROLL CALL VOTE ON MOTION TO AMEND FAILED 6-1. The noes were Commissioners Torres, Schmitt, Drabek, Richcreek, Arndt, and Olsen. The aye was Commissioner Painter. COMMISSIONER ARNDT MOVED TO AMEND the motion to read October 1, 22, 29, and November 5 for public hearings. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 6-1. The ayes were Commissioners Torres, Schmitt, Drabek, Richcreek, Arndt, and Olsen. The no was Commissioner Painter. ROLL CALL VOTE ON MOTION AS AMEDED CARRIED UNANIMOUSLY B) Minutes of Other Meetings • March 25, 2014 Parks and Recreation Committee C) Abbreviated & Final Approvals-Subdivisions COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Director Pederson stated staff will adjust the schedule accordingly. Pederson will be out of the office for the September meetings and Martin Lydick will be there in his place. 7/16/2014 P&Z Minutes Page 6 of Planning and Zoning Commission, July 16 and August 20, 2014. Page 360 of 369 AGENDA ITEM #17.A.1. CITIZEN COMMENTS Mark Anderson stated he wanted to clarify with staff where he is left. The motion passed and construction season is ahead of us. He's been waiting 21 months and would like to move forward. CHAIR TORRES stated this was a request to change the Comp Plan and will not be forwarded to the assembly until after next month's meeting when the Findings of Fact are adopted. It will then go to the Assembly for approval and once the assembly approves it you will need to apply for a rezone that will also go to the assembly for their approval. COMMISSIONER COMMENTS Jennifer Richcreek stated she's happy to see the code revision move forward to the public arena and she thanked everyone for all of their work on it. She's looking forward to seeing the clean version and reviewing it. She will be talking to people in the community urging them to get involved and she encouraged everyone to get the word out there so that this is as collaborative and public of a process for shaping our community in a direction that we want to go. Alan Torres echoed what Richcreek said and he's glad to see this go into the public hearing phase. It will allow us to formally vote and change to come up with a final document taken into consideration what we hear from the public. It's been a long process. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjoum. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 8 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Alan Torres, Chair ATTEST: By: _S'-p(CiaC Y1a) Sheila Smith, Secretary Community Development Department APPROVED: September 17, 2014 7/16/2014 P&Z Minutes Page 7 of 7 Planning and Zoning Commission, July 16 and August 20, 2014, Page 361 of 369 AGENDA ITEM #17.A.1. RECEIVED KODIAK ISLAND BOROUGH SEP 2 2 2014 PLANNING & ZONING COMMISSION MINUTES BOROUGH CLERICS OFFICE,/ „r' August 20,2014Regular Meeting 6:30 p.m.in the AasOm i nOarri�ews" ,`H7`j/`-yJ CALL TO ORDER CHAIR TORRES called to order the August 20, 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 Torres, Alan Schmitt, Kathy Drabek, Jennifer Richcreek, Maria Painter,Scott Arndt, and Pat Olsen. A quorum was established. Community Development Department staff present was Bob Pederson, Sheila Smith, Jack Maker, and Martin Lydick. APPROVAL OF AGENDA COMMISSIONER ARNDT MOVED to approve the August 20, 2014 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNDT MOVED to approve the July 16, 2014 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None 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 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: 8/20/2014 P&Z Minutes Page 1 of Planning and Zoning Commission, July 16 and August 20, 2014. Page 362 of 369 AGENDA ITEM #17.A.1. 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. 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 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, Killamey Hills Subdivision, to facilitate creation of up to nine (9) lots to be sold to the public at fair market value (RISC 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: 8/20/2014 P&Z Minutes Page 2 of 5 Planning and Zoning Commission, July 16 and August 20, 2014. Page 363 of 369 AGENDA ITEM #17.A.1. 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 will 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 OLD BUSINESS A) Adoption of Findings of Fact for Case 14-014. STAFF REPORT COMMISSIONER RICHCREEK MOVED to adopt five findings of fact as Findings of Fact for Case 14-014,These Findings of Fact are: 1. Lots adjacent to this lot are zoned Commercial/Business and the commercial use is consistent with existing land use activity in this area. 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. Discussion COMMISSIONER ARNDT MOVED TO AMEND the motion to read#1. Three lots to the east and south are Commercial/Business. COMMISSIONER ARNDT MOVED TO AMEND the motion to strike the words "three lots to the east"and leave"lots to the south." FINDINGS OF FACT 1. Lots to the south are zoned Commercial/Business. 8/20/2014 P&Z Minutes Page 3 of 5 Planning and Zoning Commission, July 16 and August 20, 2014. Page 364 of 369 AGENDA ITEM #17.A.1. 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. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 4-3. The ayes were COMMISSIONERS PAINTER, ARNDT, TORRES, and RICHCREEK. The noes were COMMSSIONERS OLSEN, SCHMITT,and DRABEK. NEW BUSINESS None COMMUNICATIONS A) July Planning and Zoning Commission Regular Meeting Results Letters B) Notice of Violation dated June 9,2014 C) Notice of Violation dated July 28, 2014 COMMISSIONER SCI-IMIT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • September 10, 2014 work session at 6:30pm in the KIB Conference Room • September 17, 2014 regular meeting at 6:30pm in the Assembly Chambers B) Abbreviated& Final Approvals-Subdivisions C) Minutes of Other Meetings • April 22, 2014 Parks and Recreation Regular Meeting • June 24,2014 Parks and Recreation Regular Meeting Director Pederson stated the commission will be moving towards the CivicWeb agenda software and it's our goal to have IT come to your September work session to train the commissioners on how to use the program. COMMISSIONER SCHMITT asked whether the commission will get their(pads back in advance of that meeting. Director Pederson assured them that they would. Director Pederson stated the intended launch date is September 2, 2014 for the Code Revision Update. Everything will be posted on the website, emailed to the commissioners, public hearing notices will go out on that day or very soon after, Janel Day. GIS Tech, is working on the zoning maps, PSA's on the radio, we will be doing a Talk of the Rock Show on KMXT, a news story and display ads in the Kodiak Daily Mirror, and a notice will be mailed to every property owner in the borough 8/20/2014 P&Z Minutes Page 4 of 5 Planning and Zoning Commission, July 16 and August 20, 2014. Page 365 of 369 AGENDA ITEM #17.A.1. COMMISSIONER SCHMITT MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Jack Maker pointed out that paper packets will be available upon request. CITIZEN COMMENTS None COMMISSIONER COMMENTS Jennifer Richcreek stated while we moved forward the process on rezoning one residential lot to Commercial she also pointed out that the action we took today was to create 12 new residential lots and she commended the borough for holding the land sales and moving forward with having these new residential lots be made available to the public for increasing the stock of housing in this community. Alan Schmitt said he agrees mostly with Richcreek but he appreciates her efforts in putting together the Findings of Fact even though he disagrees with them. Alan Torres reminded the commission that he leaves town on Saturday and will be gone for a month. Director Pederson said he will be gone for both meetings in September and Martin Lydick will be handling those agenda items. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. VOICE VOTE ON MOTION CHAIR TORRES adjourned the meeting at 7:20 p.m. KODIAK ISLAND BOROUGH PLANN/N�\G�AND(ZONING� GCCCOMMISSION By: Vti.� LSS2 Attest coAlan Torres, Chair By: C'O"1P1QfA� � Sheila Smith Community Development Department APPROVED: September 17, 2014 8/20/2014 P&Z Minutes Pages of5 Planning and Zoning Commission, July 16 and August 20, 2014. Page 366 of 369 AGENDA ITEM #17.6.1. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting—August 18,2014 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda and Consent Agenda to include: *Approval of Minutes- Regular Meeting Minutes of July 21,2014, Special Meeting Minutes of July 21,2014,and Special Meeting Minutes of August 4,2014; as presented. *Approval of Records Retention and Disposition Schedule,as presented. *Approval of the FY15 Fresh Fruit& Vegetable Program Grant Award, as presented. *Approval of Purchase Requisition 00039061 Best Buy Business Advantage Account,as presented. *Approval of Purchase Requisition 00039062 Intelligent Var Technology,as presented *Approval of Purchase Requisition 00039063 BlueJeans, as presented. *Approval of the FY 16 Six year Capital Improvement Plan(CIP), as presented. APPROVED: Motion to approve 2014-2015 certificated contracts to Deborah Chaniott BA+0/4 in the amount of 556,250 plus$1,340 village stipend for 1.0 FM Elementary Teacher at Larsen Bay School, Sheila Leinberger BA +36/8 in the amount of$69,197 plus $1,340 village stipend for 1.0 FTE Elementary Teacher at Old Harbor School, 13ruce Adams MA +18/8 in the amount of 572,322 plus $1,340 village stipend for 1.0 PTE Secondary Teacher at Akhiok School, Meredith Davis 13A +0/2 in the amount of$50,447 for 1.0 FTE Instructional Support for rural schools. Alyssa Haig BA +0/0 in the amount of$44,643 for 1.0 FIE English Language Arts Teacher at Kodiak High School, Walter Muelling BA +0/0 in the amount of$44,643 for 1.0 FTE Orchestra teacher at Kodiak High School and Kodiak Middle School, Robert Widhalm BA +0/0 in the amount of$44,643 for 1.0 FEE Physical Education Teacher at Main Elementary and North Star Elementary, Gerry Knagin MA +18/8 in the amount of$72,322 plus $1,340 special education Kodiak Island Borough School District Board Regular Meeting ... Page 367 of 369 AGENDA ITEM #17.B.1. stipend for 1.0 FTE Behavior Support Specialist at Kodiak Middle School,Shannon McClelland BA +0/5 in the amount of$57,589 for 1.0 FTE 2nd Grade Teacher at Peterson Elementary School, Angela Hietala MA +0/8 in the amount of$69,197 for 1.0 3rd Grade Teacher at Peterson Elementary,and Elizabeth Ridgeway MA +0/0 in the amount of$50,000 for 1.0 FTE Kindergarten Teacher at North Star Elementary. ADJOURNMENT Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org. Kodiak Island Borough School District Board Regular Meeting ... Page 368 of 369 AGENDA ITEM #17.B.1. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting—September 8, 2014 SUMMARY APPROVED: Motion to approve Purchase Requisition 00039172 to Prime Healthcare Staffing in an amount not exceed$103,320 for speech/language services for the period of August 20,2014 to May 22,2015 APPROVED: Motion to approve Purchase Requisition 00039194 to Delta Heath Care Providers in an amount not to exceed S 145,393.85 for Physical Therapy Assistant services for the period of September 15,2014 through May 24,2015 and Occupational Therapy Assistant services for the period of September 29,2014 through May 24, 2015. APPROVED: Motion to approve Purchase Requisition 00039237 to Southeast Regional Resource Center(SERRC) for Psychology services, Physical therapy services and occupational therapy services for the 2014/2015 school year in the amount of$90,252. APPROVED Motion to approve 2014/2015 certificated contracts to Bryan Ellsworth BA-F18/0 in the amount of 543.977 for 1.0 FTE Science leacher at Kodiak Middle School for 174 days, Bernadette Rosano MA-F0/0 in the amount of$48,678 for 1.0 FTE Science Teacher at Kodiak High School for 184 days, Benjamin Douglas BA+0/5 in the amount of 555,457 plus$1,291 village stipend for 1.0 FTE Secondary leacher at Ouzinkie School for 182 days,Macic Foster MA+0/I in the amount of $49,888 for 1.0 FTE 1st Grade Teacher at Peterson Elementary for 176 days, and Erin Wereda BA+18/0 in the amount of 43,977 for 1.0 FTE Kindergarten Teacher at Peterson Elementary for 174 days. APPROVED Motion to enter into Executive Session for the purpose of discussing negotiations and to include Superintendent Stewart McDonald and attorney John Sedor. APPROVED Motion to ratify the 2015-2017 Kodiak Island Support Education Association Negotiated Agreement as presented. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at uvv'.kibsdorg. Kodiak Island Borough School District Board Regular Meeting ... Page 369 of 369 Kodiak Island Borough Assembly Regular Meeting Guidelines October 2, 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 Major Michael Bates of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Austerman who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: • *Regular Meeting Minutes of September 4, 2014. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of September 4, 2014. 6. AWARDS AND PRESENTATIONS A. Filipino American National History Month Proclamation — Mayor Friend • Accepting: Mary Guilas-Hawver, Filipino American Association of Kodiak President. B. Domestic Violence Awareness Month Proclamation • Accepting: Sandra Wilkins, Kodiak Womens Resource and Crisis Center Outreach Coordinator. Kodiak Island Borough Assembly Guidelines October 2, 2014 Page 1 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. 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. 04-014). Recommended motion: Move to adopt Ordinance No. FY2015-04. Clerk's Note: 30 public hearing notices were mailed out. No public hearing responses were received. 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. B. 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. 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. Kodiak Island Borough Assembly Guidelines October 2, 2014 Page 2 ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Resolution 1. Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak Island Borough. The motion before the Assembly is "Move to adopt Resolution No. FY2015- 02." Staff Report— Manager Cassidy Recommended motion: Move to amend Resolution No. FY2015-02 by substitution. Assembly discussion. ROLL CALL VOTE ON MOTION TO AMEND. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2015-10 Adopting a Schedule of Fines for Certain Violations of Borough Code. Recommended motion: Move to adopt Resolution No. FY2015-10. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinance for Introduction — None. Continued on next page... Kodiak Island Borough Assembly Guidelines October 2, 2014 Page 3 Er D. Other Items 1. Bay View Service Area Request for Funding of a Guard Rail Project. Recommended motion: Move to approve the Bay View Service Area funding request in the amount of ($18,000) for a guard rail project. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Friend FThe next Assembly work session will be held on Thursday, October 9 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, October 16 at 7:30 p.m. in the Borough Assembly Chambers. The Regular Municipal Election will be held on Tuesday, October 7, 2014. If you will be out of town on Election Day, absentee voting is available in the Borough Clerk's Office, FRoom 101 in the Borough building from 8 a.m. to 5 p.m., through Monday, October 6, 2014. Please bring your voter card or picture identification with you. If you have any questions, please call 486-9310. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines October 2, 2014 Page 4 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Regular V Special Date: IDiDal14 Convened: Recessed: Reconvened: Adjourned: BY: BY: Kai BY: f r , BY: ` ✓1.6 r ) BY: �r"ICS t it V SECOND: SECOND: SECOND: f( 2/)¼.J SECOND: kintki kinSECOND: c,M mor Do,ao-Lt ki Grim,. ( L• oT40- 0 P6 t`I °' " w Vv v �v YES aNO- -. „:,=YES: _NO 4.9 YES'.: ;$NO k .,47±4-::c-' 'AYES`.- -iNO 12 x ,, ' 'yES'i,NO F Ms. Austerman 4: • .te ••. Ms eus Ms • . - Au Mr. Bonney /V Mr. Bonney Mr. Bonney Mr. Bonney v Mr. Bonney Mr. Griffinv V Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Kaplan ✓, Mr. Kaplan Mr. Kaplan Mr. Kaplan ✓ Mr. Kaplan V Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch ✓ Ms. Lynch Mr. Peterson V Mr. Peterson Mr. Peterson Mr. Peterson - Mr. Peterson Mr. Stephens V Mr. Stephens Mr. Stephens Mr. Stephens V Mr. Stephens 7 " "CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE'? CHANGE OF VOTE'? CHANGE OF VOTE? CHANGE OF VOTE?j, TOTAL: TOTAL: TOTAL: TOTAL: o UC D TOTAL: 4. �Y\ '1 The mayor may n t 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 ` I I Mayor Friend I Mayor Friend I Mayor Friend Mayor Friend 1 -.• 1 • Motions required for 2/3 vote to carry. 7 present requires 5; 6 present requires itc; 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. 0 Regular Special KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Date: 0 D I Convened: Recessed: Reconvened: Adjourned: BY: Glf i.NIN BY: BY: w,., BY: bb IA, BY. . C-64114 (-64A— SECOND: A 1(1/4,0k SECOND: SECOND: Lti SECOND: a SECOND: IA-1 Ult 6-01\-6k &\1 Viekr 4,3LwnniN k kaLA-vcit ? \\ asz-o-d, c‘fiqm-tt4 \\0. --T-macts--rD „..„ . . , YES, Th10,''1/4.4,-; '.- ' 'T,., ,r -, ': YES :Th10,- ', --:- *4' -, " ...s t-A.M'NEsr, t:N0`; --. :-- t.,-.,,a.„,. ; • 'NES,, AO' '>:;'. ,:-,' ,/, . P.-.: S.I NES" NO. -- A • e mma• 14 . • I -ter, - • i . 4 : er : • I ' . - - 1.. Mr. Bonney V Mr. Bonney V I V/ . Mr. Bonney _ Mr. Bonney Mr. Bonney 4 / Mr. Griffin Mr. Griffin V Mr. Griffin V Mr. Griffin V Mr. Griffin 17 Mr. Kaplan * V Mr. Kaplan V Mr. Kaplan V Mr. Kaplan V Mr. Kaplan Ms. Lynch Vf Ms. Lynch )/( V Ms. Lynch V Ms. Lynch V Ms. Lynch 7- Mr. Peterson V Mr. Peterson V Mr. Peterson ' V Mr. Peterson V Mr. Peterson Mr. Stephens V ' Mr. Stephens V Mr. Stephens V Mr. Stephens DIV , / V Mr. Stephens (7 ° ;" 'CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTEJ TOTAL: u D TOTAL: i 0 TOTAL: 6- I TOTAL: --- 4 9 _ TOTAL: (( 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 Mayor Friend 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: (2/5- , & , , 0(4 Please PRINT your name Please PRINT your name criAcV c of Ami • Y \A vv. Y 4, of\ Pa;‘,14-\--Qr A. 44 tiff194 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 16, 2014, at 7:30 p.m. in the Borough Assembly Chambers. At its Regular Meeting of October 2, 2014, Kodiak Island Borough Assembly Took the Following Actions: PROCLAIMED the Month of October 2014 as Filipino American National History Month as Established by the Trustees of the Filipino American National Historical Society. PROCLAIMED the Month of October 2014 as Domestic Violence Awareness Month in Kodiak and Encouraged All Citizens of Kodiak to Actively Support and Participate in the Ongoing Programs Designed to Reduce and Eventually Eliminate Violence as a Social Problem. ADOPTED 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). ADOPTED 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. AMENDED, ADOPTED Resolution No. FY2015-02 Reestablishing the Fees for the Kodiak Island Borough. ADOPTED Resolution No. FY2015-10 Adopting a Schedule of Fines for Certain Violations of the Borough Code. APPROVED the Bay View Service Area Funding Request in the Amount of $18,000 for a Guard Rail Project. Vol. FY2015, No. 7 October 3, 2014 Kodiak Island Borough Assembly Newsletter