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2015-01-08 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, January 8, 2015, 7:30 p.m., Borough Conference Room 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 3 -'9 A. *Regular Meeting Minutes of December 4, 2014. 12042014rmminutes.pdf 6. AWARDS AND PRESENTATIONS 10 A. Stalking Awareness Month Proclamation PROCLAMATION STALKING AWARENESS MONTH.pdf 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 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 78 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 11 - 14 1. Resolution No. FY2015-15 Adopting a 2015 Kodiak Island tik Borough Communities State Legislative Capital Improvement Projects Priority List. FY2015-15 Community CIP List Resolution Corrected.pdf Resolution No. FY2015-15 Communities CIP List - Pdf 13.C. Ordinances for Introduction 15 - 43 1. Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdivision from R2-Two-Family Residential Zoning District to B-Business Zoning District (P&Z Case No. 15-007). FY2015-09 Alagnak Acres Subdivision - Pdf 13.D. Other Items 44 -45 1. Assembly Direction to the Treasurer/Finance Director to Prepare and Publish the 2014 Roll of Real Properties Subject to Foreclosure. 2014 Roll of Real Properties Subject to Foreclosure - Pdf 46 - 51 2. Confirmation of the Assembly Appointments to the Citizens Board of Equalization (Laird and Shields). BOE Appointments - Laird and Shields - Pdf 52 - 55 3. Declaring a Seat on the Parks and Recreation Committee Vacant (John Neff). Parks and Recreation Committee Vacancy - Pdf 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 56 - 78 1. Fire Protection Area No. 1 Board, November 25, 2014; Planning and Zoning Commission, October 1, October 22, and November 19, 2014. Regular Meeting Minutes of Other Boards.pdf 17.B. Reports 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 78 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting December 4, 2014 A regular meeting of the Kodiak Island Borough Assembly was held on December 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 Carol Austerman, Aaron Griffin, Larry LeDoux, Chris Lynch, Frank Peterson, Dan Rohrer, and Rebecca Skinner. Also present were Borough Manager Bud Cassidy, Deputy Clerk Jessica Kilborn, and Assistant Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA PETERSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of October 16, 2014, were approved under the consent agenda. AWARDS AND PRESENTATIONS Providence Kodiak Island Medical Center Director Don Rush provided an annual report. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Randy and Teresa Bishop spoke on the ten percent late fee in regards to late property taxes and suggested a grace period. Patrick O'Donnell spoke on the primary fishery focus of the Kodiak Fisheries Work Group being on bycatch management and expressed the need to include other fisheries. He also asked for more industry familiar members to be considered to serve on the work group. Executive Director of the Kodiak Historical Society and Baranof Museum Tiffany Branson provided an update for several nonprofits on behalf of the Kodiak Nonprofit Network. Kodiak Island Borough Assembly Regular Meeting Minutes December 4, 2014 Page 1 *Regular Meeting Minutes of December 4, 2014. Page 3 of 78 AGENDA ITEM #5.A. Mel Stephens spoke on the nonprofit process and made suggestions on how to handle potential conflicts of interest. Dennis Symmons spoke on the responsibilities and expectations of public servants. Judi Kidder announced that several families would be looking for housing during the holidays due to new property owners of an apartment complex and the effect it may have on the social services and nonprofits of the Community. Roberta Austrinq Senior Citizens of Kodiak board member, expressed gratitude to the Assembly for the support received and gave an update of the programs and services provided. COMMITTEE REPORTS None. PUBLIC HEARING A. Ordinance No. FY2015-07 Reestablishing Boards, Committees, and Commissions as Established in the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.100 Boards, Committees, and Commissions. GRIFFIN moved to adopt Ordinance No. FY2015-07. Per KIBC 2.100.180, all boards, committees, and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law three years from the date of passage of this section, unless affirmatively reestablished or continued by the assembly for a period not to exceed three years. The boards and commissions reflected in the ordinance would be affirmatively reestablished or continued by the Assembly after the public hearing was held. Members of the various boards listed in the ordinance were informed by email about the public hearing. Mayor Friend opened the public hearing. Kodiak College Director Alan Fugleberq spoke in support of Ordinance No. FY2015-07, mainly reestablishing the Kodiak Workforce Regional Advisory Council (KWRAC). Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, LeDoux, Lynch, Peterson, Rohrer, and Skinner. Kodiak Island Borough Assembly Regular Meeting Minutes December 4, 2014 Page 2 *Regular Meeting Minutes of December 4, 2014. Page 4 of 78 AGENDA ITEM #5.A. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • The incinerator was scheduled to cease operation by Tuesday, February 24, 2015. • Strategic planning was scheduled for Saturday, January 17'" in the Borough Assembly Chambers and would be facilitated by Dennis McMillan of the Foraker Group. • GIS Day was scheduled for Wednesday, December 10 from 9 a.m. until 4 p.m. in the Harbor Room at the Best Western Kodiak Inn. • The Finance department was soliciting staff and members for photos to publish in the Popular Report. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend brought attention to an email being forwarded to assembly members from Anne Marie La Rosa about the Karluk Lake Nutrient Enrichment Preliminary Environmental Assessment. He also updated his leave dates to December 6, 2014 and returning January 3, 2015. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2015-19 Trailer Mounted Diesel Trash Pump Procurement. LYNCH moved to authorize the Manager to execute Contract No. FY2015-19 with Totem Equipment of Anchorage, Alaska for the Trailer Mounted Diesel Mounted Trash Pump Procurement in an amount not to exceed $31,200. The contract was for the procurement of a Trailer Mounted Diesel Trash Pump to be primarily utilized for providing large volume, high pressure conveyance of water to provide fire protection for the Phase III Leachate Treatment Facility. In addition, the pump would be available to the landfill staff for maintenance tasks at the landfill and could potentially be utilized as emergency response equipment if necessary. The equipment consisted of a Magnum MTP 6000D- 6" dry prime centrifugal pump, flow rate of 3,050 gallons per minute, 110 gallon fuel tank with a minimum 24 hour run time, and handled up to 3"solids on a standard flip tongue trailer. The funds used to purchase the trash pump would come from the Landfill Enterprise Fund. Kodiak Island Borough Assembly Regular Meeting Minutes December 4, 2014 Page 3 *Regular Meeting Minutes of December 4, 2014. Page 5 of 78 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, Skinner, and Austerman. 2. Contract No. FY2015-20 Landfill Software Procurement. LYNCH moved to authorize the Manager to execute Contract No. FY2015-20 with Paradigm Software, LLC for the Landfill Software Procurement in an amount not to exceed$70,900.90. The Kodiak Island Borough had selected Paradigm Software's WeighStation software to replace the current system that operated the accounting processes at the Borough's landfill. The Information Technology department (IT) issued a Request for Proposal in which three vendors responded. Employees from the Engineering and Facilities, Finance, and IT departments reviewed the three proposals and participated in software demonstrations. They selected Paradigm Software's proposal because it met the system requirements and had additional features that were deemed valuable by the review committee. The additional features that set the proposal apart from the others were the ease of use for the landfill operators (touch-screen interface) and the integration of a security camera DVR installation. The current software ran on the Borough's iSeries AS/400 midrange computer. The software package was the last remaining daily use of the old computer system. When the new system was implemented, the IT department would retire the AS/400 system. The new system was a PC server based system that ran on the Microsoft Windows Server platform. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: LeDoux, Lynch, Peterson, Rohrer, Skinner, and Austerman (Ayes); Griffin (No). Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2015-08 Amending Title 3 Revenue and Finance Chapter 35 Real Property Tax Section 3.35.050 Board of Equalization to Add an Additional Alternate Seat on the Board. ROHRER moved to adopt Ordinance No. FY2015-08 in first reading to advance to public hearing at the next regular meeting of the Assembly. The current composition of the Board of Equalization had posed challenges in finding individuals to serve or to have a quorum for the scheduled meetings. Increasing the number of alternates on the board would address these challenges. Kodiak Island Borough Assembly Regular Meeting Minutes December 4, 2014 Page 4 *Regular Meeting Minutes of December 4, 2014. Page 6 of 78 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Peterson, Rohrer, Skinner, Austerman, Griffin, and LeDoux. Other Items 1. Confirmation of the Annual Mayoral Appointments to the Various Boards, Committees, and Commissions. LEDOUX moved to confirm the annual Mayoral appointments to the various boards, committees, and commissions for three year terms to expire December 2017 as follows: Architectural/Engineering Review Board (Three Seats) Rick Ryser Planning and Zoning Commission (Two Seats) Jennifer Richcreek and Alan Schmitt ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Austerman, Griffin, LeDoux, and Lynch. 2. Confirmation of the Mayoral Appointment to the Parks and Recreation Committee (Sharon Wolkoff). ROHRER moved to confirm the Mayoral appointment of Ms. Sharon Wolkoff to the Parks and Recreation Committee for a term to expire December 31, 201.5. There was currently one seat on the Parks and Recreation Committee for a term to expire December 31, 2015. On October 16, the Clerk's office received an application from Ms. Sharon Wolkoff. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Austerman, Griffin, LeDoux, Lynch, and Peterson. 3. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission (Jay Baldwin). PETERSON moved to confirm the Mayoral appointment of Mr. Jay Baldwin to the Planning and Zoning Commission Borough seat for a term to expire December 31, 2016. There was currently one vacant Borough seat on the Planning and Zoning Commission for a term to expire December 31, 2016. On November 4, the Clerk's Office received an application from Mr. Jay Baldwin for the vacant Borough seat. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Austerman, Griffin, LeDoux, Lynch, Peterson, and Rohrer. Kodiak Island Borough Assembly Regular Meeting Minutes December 4, 2014 Page 5 *Regular Meeting Minutes of December 4, 2014. Page 7 of 78 AGENDA ITEM #5.A. 4. Confirmation of the Assembly Appointments to the Citizens Board of Equalization and the Personnel Advisory Board. AUSTERMAN moved to confirm the Assembly appointments to the Citizens Board of Equalization and the Personnel Advisory Board for three year terms expiring December 2018 as follows: Citizens Board of Equalization (Two Seats) John Parker Personnel Advisory Board (Two Seats) Lindsey Howell and Brenda Zawacki ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Griffin, LeDoux, Lynch, Peterson, Rohrer, and Skinner. CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly member Griffin clarified and expanded on his vote taken on Contract No. FY2015-20. Assembly member Skinner thanked the Manager for announcing GIS day being Wednesday, December 10'"and described some capabilities of the program. Assembly members Peterson, Rohrer, and Austerman expressed gratitude to the volunteers of the boards, committees, and commissions. Assembly member Rohrer expressed gratitude on being able to attend the Alaska Municipal League training in Anchorage, Alaska. Assembly member LeDoux spoke on his involvement with different committees. He also spoke to the lack of position the Borough had in regards to the families being misplaced due to new ownership of an apartment building. Announcements —Mayor Friend The next Assembly work session would be held on Thursday, December 11 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, December 18 at 7:30 p.m. in the Borough Assembly Chambers. The Assembly and City Council would hold a joint work session on Tuesday, December 16 at 7:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Regular Meeting Minutes December 4, 2014 Page 6 *Regular Meeting Minutes of December 4, 2014. Page 8 of 78 AGENDA ITEM #5.A. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Lynch, Peterson, Rohrer, Skinner, and Austerman. The meeting was adjourned at 8:45 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes December 4, 2014 Page 7 *Regular Meeting Minutes of December 4, 2014. Page 9 of 78 AGENDA ITEM #6.A. ( I C�Xak&c5sland o�ararg!{ LI/ms r '\%t I �nt Proclamation '`�%1'', �i DECLARING JANUARY 2015 AS NATIONAL STALKING AWARENESS MONTH I , _+ r�1 tut �t 1 WHEREAS, under the laws of all fifty states,the District of Columbia,and federal government,stalking is a crime;and rl 'til' �1 \YHEREAS, 3.4 million people over the age of I B am stalked each year in the United States,and nearly 75%of victims arc 4 stalked by someone they know;and � ' II / f' WHEREAS, three in four women killed by an intimate partner had been stalked by that intimate partner,and ,1/.••` p �i I ,r-t WHEREAS, many stalking victims lose time from work and experience serious psychological distress and lost productivity 'C%`} at a much higher rate than the general population;and ;l ', — 11 . WHEREAS, many stalking victims arc forced to protect themselves by relocating,changing their identities,changing jobs, \ ' 4 , �, and obtaining protection orders;and L1� WHEREAS, many stalkersuse increasingly sophisticated devices—such as global positioning systems, cameras, and / y t computer spyware—to track their victims;and I I r tI �. WHEREAS, there is a greater need for great public awareness about the nature,criminality,and potential lethality of �, j (t •Yli stalking;and ,�1; I / "1' WHEREAS, criminal justice systems can enhance their responses to stalking by regular training of law enforcement officers �111 and aggressive investigation and prosecution of the crime;and ,-�5 is i t/ h WHEREAS, laws and public policies must be continually adapted to keep pace with new tactics used by stalkers;and (`',/, `j ]1t f WHEREAS, communities can better combat stalking by adopting multidisciplinary responses by teams of local agencies and 1 `c. organizations and by providing more and better victim services;and / ), ,t. I �: ! WHEREAS, Kodiak Women's Resource and Crisis Center is joining forces with victim service providers,criminal justice s. . officials, and concerned citizens throughout Kodiak Island and the United States to observe and promote the 2015 theme, �i I li '•National Stalking Awareness Month:' ! -/ i , NOW,THEREFORE, I.Jerrol Friend,Mayor of the Kodiak Island Borough do hereby proclaim the month of January 2015 . 1 `�1011 Stalking Awareness Month l�4 %l' and applaud the efforts of the many victim service providers, police officers, prosecutors, national and community !(-1 ; . . organizations,and private sector supponers for their efforts in promoting awareness about stalking. '`� � •1 aJ oe,.q,° GScn rrinacr wlarraf'O�dare kern/Ma set my lt�f !�j �` 9 O'�andandcame AAsscat inIraflmi lit .,L - L---.); "koat. \/et 1 - , Stalking Awareness Month Proclamation Page 10 of 78 AGENDA ITEM #13.B.1. KODIAK ISLAND BOROUGH ffe ?` AGENDA STATEMENT "� 1.1:: >, JANUARY 8, 2015 1 ) ASSEMBLY REGULAR MEETING tl TITLE: Resolution No. FY2015-15 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: As a regional government, the Kodiak Island Borough represents the communities of the Kodiak Island Archipelago. These communities include the City of Kodiak, City of Akhiok, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, City of Port Lions and the community of Karluk. In these communities there are improvements and infrastructure that include docks, airports, community utilities and facilities. Project needs have been identified and prioritized by each community and forwarded to the Kodiak Island Borough for inclusion in a 2015 State Legislative Capital Improvement Projects Priority List to be sent to the governor and state legislative delegation RECOMMENDED MOTION: Move to adopt Resolution No. FY2015-15. Kodiak Island Borough Resolution No. FY2015-15 Adopting a 2015 Kodiak Island Borou... Page 11 of 78 AGENDA ITEM #13.6.1. 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: Special Proleds Support Introduced on: 01/08/2014 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2015-15 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ADOPTING A 2015 KODIAK ISLAND BOROUGH COMMUNITIES 11 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS 12 PRIORITY LIST 13 14 WHEREAS, the Kodiak Island Borough is a regional government representing the 15 citizens and communities of the Kodiak Island Archipelago;and 16 17 WHEREAS, these communities have developed a list of improvement and infrastructure 18 needs for their citizens and visitors; and 19 20 WHEREAS, these communities include the home rule city of Kodiak, the second class 21 cities of Akhiok, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions; and the unincorporated 22 community of Karluk;and 23 24 WHEREAS, Community Capital Improvement Project (CIP) needs are identified and 25 prioritized by each of the communities and forwarded to the Kodiak Island Borough for 26 inclusion into an island wide list to be considered by the Alaska Legislature. 27 28 NOW,THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that the Kodiak Island Borough Communities 2015 State Legislative Capital 30 Improvement Projects Priority Lists are as follows: 31 32 City of Kodiak 33 1. Mill Bay Road Pavement Rehabilitation $3,500.000 34 2. Shelikof Street Bulkhead Parking $1,650,000 35 3. Shelikof Street Pedestrian Improvements $1,100,000 36 37 City of Akhiok 38 1. Completion of Sewer Upgrades $1,000,000 39 2. Design&Construction of New Landfill $1,000,000 40 3. New Playground Equipment for School $100,000 41 42 City of Larsen Bay 43 1. Septic Pumper Truck 5300,000 44 2. Landfill Burn Box $120,000 45 3. Boat Harbor Light Replacement $250,000 46 4. Replacement of Aggregate on Roads $500,000 47 5. Replace Garage/Machine Shop $650,000 48 6. Upgrade City Hall $700,000 Kodiak Island Borough,Alaska Resolution No.FY2015-15 Page 1 of 3 Resolution No. FY2015-15 Adopting a 2015 Kodiak Island Borou... Page 12 of 78 AGENDA ITEM #13.6.1. 49 7. Upgrade Hydro Dam and Reservoir $1,250,000 50 51 City of Old Harbor 52 1. Hydroelectric Power Project $8,000,000 53 2. Airport Improvements $11,000,000 54 3. Bear Proof Dumpsters/Dumper Repair $20,000 55 4. City Shop $120,000 56 5. Emergency Response skiff with outboard motor and trailer $75,000 57 6. Landfill Building $90,000 58 7. Water Distribution System Upgrade $1,435,000 59 60 City of Ouzinkie 61 1. Water Transmission Line Replacement $1,000,000 62 2. Electrical Infrastructure Upgrade $1,000,000 63 3. Alternative Energy Development Projects $750,000 64 4. Anton Larsen Bay Road Extension $8,000,000 65 5. Agricultural Development $500,000 66 6. Alaska Marine Highway, MN Tustumena Replacement 67 7. Electrical Upgrade to Boat Harbor $20,000 68 8. Equipment Upgrades $225,000 69 9. Community Roads Resurfacing $3,600,000 70 10.Ouzinkie Municipal Building $1,400,000 71 11.Heavy Equipment Storage Building/Shop $250,000 • 72 12.Fire Hall Roof Replacement $15,000 73 13.Fire Hall Furnace Replacement $10,000 74 14.Tourism Development $827,500 75 76 City of Port Lions 77 1. Small Boat Harbor Stub Breakwater $880,000 78 2. MN Tustumena Replacement Vessel Construction $50,000,000 79 3. Sludge Lagoon $600,000 80 4. City Maintenance Buildings Maintenance $500,000 81 5. Heavy Equipment/Rock Screen Crusher&Conveyor $375,000 82 6. New Subdivision Development $800,000 83 7. Harbor Water Main $1,000,000 84 8. Road Upgrades $1,200,000 85 9. Airport Extension $3,000,000 86 87 Community of Karluk 88 1. Purchase 120 KW Generator $200,000 89 2. Installation of Community Water Tank&Distribution System $250,000 90 3. Plan&Design Water Treatment Plant $200,000 91 4. Community Hali/Clinic Renovation $300,000 92 5. Landfill Relocation $400,000 93 6. Grant Writer Assistance $8,000 94 7. Education Assistance for Karluk School $20,000 95 Kodiak Island Borough,Alaska Resolution No.FY2015-15 Page 2 of 3 Resolution No. FY2015-15 Adopting a 2015 Kodiak Island Borou... Page 13 of 78 AGENDA ITEM #13.6.1. 96 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE 97 KODIAK ISLAND BOROUGH that the Kodiak Island Borough administration is hereby 98 instructed to advise the Governor and our Legislative Representatives of the State of 99 Alaska of the Kodiak Island Borough Communities 2015 State Legislative Capital 100 Improvements Project Priority List adopted by the Kodiak Island Borough Assembly. 101 102 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 103 THIS DAY OF_ 2015 104 105 KODIAK ISLAND BOROUGH 106 107 108 109 ATTEST: Jerrol Friend, Borough Mayor 110 111 112 113 Nova M.Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Resolution No.FY2015-15 Page 3 of 3 Resolution No. FY2015-15 Adopting a 2015 Kodiak Island Borou... Page 14 of 78 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH ots , AGENDA STATEMENT a/, .,* '' JANUARY 22, 2015 i "a;. ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdivision from R2-Two-Family Residential Zoning District to B-Business Zoning District (P&Z Case No. 15-007). ORIGINATOR: Jack Maker FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This rezone request is a continuation of the applicant's effort to develop this site for business use. A loading dock that serves a warehouse on the adjacent Business zoned parcel is constructed on this site. Although the nearby warehouse and loading dock are a permitted conditional use in Business zoning, they are not permitted in Two-family Residential zoning; therefore, a rezone to Business is required to accommodate the existing and desired development. As a precursor to this request, the Borough Assembly recently approved an amendment to the 2008 Comprehensive Plan Future Land Use Maps. That amendment changed the Future Land Use Designation from Rural Residential to Commercial/Business. This rezone is now consistent with the Comprehensive Plan and satisfies the requirements of Title 17 of the Borough Code. The Planning and Zoning Commission held a public hearing on this rezone request at its December 17, 2014 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. Clerk's Note: Thirty(30) public hearing notices were sent out on January 22, 2015. Since the meeting is not going to be broadcasted and telephonic testimonies is not going to be available, notifications that were sent out encouraged recipients to turn to submit written testimony or attend in person to provide verbal testimony. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2015-09. Kodiak Island Borough Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 15 of 78 AGENDA ITEM #13.C.1. Introduced by: Borough Manager Requested by: Planning and Zoning 1 Commission 2 Drafted by: Community Development Director 3 Introduced: 01/08/2015 4 Public Hearing: 01/222015 5 Adopted: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2015-09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 1I BOROUGH REZONING LOT 1, ALAGNAK ACRES SUBDIVISION 12 FROM R2-TWO-FAMILY RESIDENTIAL ZONING DISTRICT TO B- 13 BUSINESS ZONING DISTRICT(P&Z CASE NO. 15-007) 14 15 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 1. lb Alagnak Acres Subdivision; and 17 18 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 19 Code 17.205.040.the Commission considered the merits of the rezone request; and 20 21 WHEREAS, the Commission voted to recommend to the Borough Assembly that this lot 22 be rezoned finding that the public necessity, convenience, general welfare, and good 23 zoning practice would be enhanced by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that: 30 31 Section 1: This ordinance is not of a general and permanent nature and shall not 32 become a part of the Kodiak Island Borough Code of Ordinances. 33 34 Section 2: Lot 1, Alagnak Acres Subdivision is hereby rezoned from R2-Two-family 35 Residential Zoning District to B-Business Zoning District. 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 38 Commission are confirmed as follows: 39 40 1. This rezone is consistent with recent Borough Assembly action approving a 41 Comprehensive Plan amendment that changed the Future Land Use Designation 42 of the parcel from Rural Residential to Commercial/Business. 43 44 2. This rezone will facilitate a replat, screening review, and issuance of zoning 45 compliance to abate a long standing nonconforming use. 46 47 Kodiak Island Borough,Alaska Ordinance No,FY2015-09 Page 1 of 2 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 16 of 78 AGENDA ITEM #13.C.1. 48 3. This rezone is consistent with the zoning of the lots to the south of this parcel. 49 50 4. This rezone is consistent with the objectives of the adopted Comprehensive Plan. 51 52 5. The Kodiak Island Borough Planning and Zoning Commission recommends 53 approval of this rezone. 54 55 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 36 THIS DAY OF 2015 57 58 59 KODIAK ISLAND BOROUGH 60 61 62 63 Jerrol Friend, Borough Mayor 64 65 ATTEST: 66 67 68 69 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough,Alaska Ordinance No. FY2015-09 Page 2 of 2 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 17 of 78 AGENDA ITEM #13.C.1. *-- , x Kodiak Island Borough trotspr Ij' .. Office of the Borough Clerk �qq 710 Mill Bay Road fialj' �' Kodiak. Alaska 99615 ��I Phone (907)486-9310 Fax (907)486-9391 clerks@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, January 22, at 7:30 p.m. in the Borough Conference Room, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdivision From R2-Two-Family Residential Zoning District To B-Business Zoning District(P&Z Case No. 15-007) Please note: Telephonic testimony will be unavailable at this meeting. If you wish to testify on this case, it is strongly encouraged to submit written testimony or attend in person to provide verbal testimony. If you do not wish to testify in person, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks(cilkodiakak.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 January 22. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2015-09 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 18 of 78 AGENDA ITEM #13.C.1. Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdivision From R2-Two-Family Residential Zoning District To B-Business Zoning District(P&Z Case No. 15-007) — -y \190 1, a ca„w,ceo - ^Q. . g0 1\4 / .3°,6\ Q• PV 445 J' i Legend tic ^ J fl]subject Pared Zonedft-" tx v ^ piiIt °rn P `a P� 2943 2993 Cow MSc 'IS. 2970 \ 77 2920 29 ro P "v. 6' o (.1, ^P ��'s g 38- 0 rL > s '' a l COQ- ., cn M ,y0 — Zoning Legend r- i i Public Use Lands i fW rat Residential I n Mau Fainly Residential C Light I dustriai Watershed Q Rural Residential 2 Q Business Q Rural Neighborhood Commercial I I Conservation I I Single Family Residential©r�--1 Retail Business Urban Neighborhood Commercial El Rural Residential I I Two Family Residential `Industrial n Nasiral Use Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 19 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING FORM Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdivision From R2-Two-Family Residential Zoning District To B-Business Zoning District(P&Z Case No. 15-007) ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerks(@kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 3 p.m. on Thursday,January 22, 2015. Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 20 of 78 AGENDA ITEM #13.C.1. First_Name Last_Name M ail_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 BEEHLER 2376 MISSION RD KODIAK AK 99615 DANIEL CANAVAN 330 SHAHAFKA CIR KODIAK AK 99615 KELSEY CHATSKI 4026 LUNAR DR NA2 ANCHORAGE AK 99504 2054 RIVERSIDE AVE API JAMES L COLE 5104 JACKSONVILLE FL 32204 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 P O BOX 8635 KODIAK AK 99615 IAN FULP 5620 GRAND TETON LOOP ANCHORAGE AK 99502 MICHAEL HERTER 490 SHAHAFKA CIRCLE KODIAK AK 99615 JDA ENTERPRISES,LLC 3017 RAVEN CIRCLE KODIAK 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 MILT.BAY RD KODIAK AK 99615 KODIAK VENTURES,INC. PO BOX 1066 KODIAK AK 99615 TANNER R MAINERO PO BOX 2027 KODIAK AK 99615 RICHARD MCKINNEY PO BOX 1739 KODIAK AK 99615 CHRISTINE MCVAY 344 SHAHAFKA CIR KODIAK AK 99615 BENJAMIN REHMER P.O.BOX 446 KODIAK AK 99615 TED ROGERS 445 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 WEI.BORN PO BOX 634 KODIAK AK 99615 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 21 of 78 AGENDA ITEM #13.C.1. R Kodiak Island Borough R R az,„ , Community Development Department • R Y7 LWa At. 710 Mill Bay Road 0.10 „ Kodiak,Alaska 99615 { Phone(907)486-9363 Fax(907)486-9396 r - "'- -- www.kodiakak.us December 18,2014 Mr.Mark Anderson Alagnak,Inc. 2705 Mill Bay Road Kodiak,AK 99615 Re: Case 15-007.Request a rezone of Lot 1,Alagnak Acres Subdivision from R2-Two-famlly Residential to B-Business(KIBC 17.205.010). Dear Mr.Anderson: The Kodiak Island Borough Planning&Zoning Commission at their meeting on December 17, 2014 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17,205.055(Submission to assembly)of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly,the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070,by the borough clerk. B. If the planning commission recommends denial of any proposed amendment,its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 1. This rezone is consistent with recent Borough Assembly action approving a Comprehensive Plan amendment that changed the Future Land Use Designation of the parcel from Rural Residential to Commercial/Business. Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 22-of 78 AGENDA ITEM #13.C.1. 2. This rezone will facilitate a repfal, screening review, and issuance of zoning compliance to abate a long standing nonconforming use. 3. This rezone is consistent with the zoning of the lots to the south of this parcel. 4. This rezone is consistent with the objectives of the adopted Comprehensive Plan. 5. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, Rob A H. edAICP Director,Community Development Department CC: Nova Javier,Borough Clerk Planning&Zoning Commission Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 23 of 78 AGENDA ITEM #13.C.1. Kodiak Island Borough Draft Planning & Zoning Commission Minutes Applicable to Case No. 15-007 December 17.2014 6:30 p.m.in the Assembly Chambers B) Case 15-007. Request a rezone of Lot 1,Alagnak Acres Subdivision from R2-Two-family Residential to B-Business(KIBC 17.205.010).The applicant is Alagnak, Inc. and the agent is Mark Anderson. The location is NHN Cove Drive (between 2980 and 2044 Cove Drive). The zoning is R2-Two-family Residential. This rezone request is a continuation of the applicants effort to develop this site for business use. A loading dock that serves a warehouse on the adjacent Business zoned parcel is constructed on this site. The applicant wishes to construct a covered shelter over that loading dock. Although the nearby warehouse and loading dock are a permitted conditional use in Business zoning, they are not permitted in Two-family Residential zoning; therefore, a rezone to Business is required to accommodate the existing and desired development.As a precursor to this request, the Borough Assembly recently approved an amendment to the 2008 Comprehensive Plan Future Land Use Maps which changed the Future Land Use Designation from Rural Residential to Commercial/Business. This rezone is now consistent with the Comprehensive Plan and satisfies the requirements of Title 17. Should this rezone be approved, further action will be required by the applicant prior to commencing the proposed development.A replat of all or a portion of the subject parcel into the adjacent Business zoned parcel and a screening review will be required. Upon completion of those actions, zoning compliance may be issued for the existing loading dock and any future commercial development of this site. It is important to note that this rezone will not bind the applicant to the development proposed in the application or to the subsequent replat. Once rezoned, any use permitted in Business zoning may be established on the parcel. If a more intensive business use were established, it could have a significant impact on the character of the surrounding residential area. On the other hand, the rezone will facilitate a replat, screening review, and issuance of zoning compliance that will bring the use of the parcel into compliance with Borough code. Thirty public hearing notices were mailed out and no public hearing notices were returned. Staff recommends that the Commission forward this rezone request to the Assembly with a recommendation for approval. COMMISSIONER BALDWIN MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1, Alagnak Acres Subdivision from R2-Two-family Residential to B- Business 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. 15-007. Close regular meeting&open public hearing: Mark Anderson spoke in favor of the request and stated he had 3 points to make; 1. Lot 1 is not suitable for residential use because of its adjacent Business use property. 2. The cost for the company to change the plan of the building to accommodate any alternative is prohibitive to the tune of about$115,000 more than what they will spend on doing it the way requested. 3. He takes exception to the section on the staff report that talks about traffic impacts, he's gone to that website but he doesn't feel it's appropriate for Kodiak and the reference to rush hour and peak trips on Cove Drive are just inappropriate and doesn't make sense. He appreciates that this excerpt was taken out of a previous staff report. There's 114 feet of road between the driveway on Cove Drive to the corner of Island Lake Road. This business use will impact a very minimal amount of road and other residences. He also objected to any kind of required screening review because the building has been operating that way for more than 15 years and had there been complaints this body would have heard about those complaints long before this. Their goal is to as expeditiously 12/17/2015 P&Z Minutes Page 1 oft Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 24 of 78 AGENDA ITEM #13.C.1. move forward, build the cover over the warehouse loading dock so that the tenant can operate safely.Anderson does not want this delayed one day longer than possible. In response to COMMISSIONER SCHMITT'S inquiry if Alagnak still plans to replat to make this one big lot,Anderson stated yes,they are, he's waiting for tonight's decision to make application to vacate the lot line and proceed with a building permit to install the covering over the loading dock. In response to Anderson's inquiry of why it's of interest as a commissioner whether he's going to vacate the lot or not, COMMISSIONER SCHMITT slated because as the staff note it will be possible for you to sell off that lot to someone else and have some other type of business doing business there.Anderson ensured that he isn't going to do that. In response to COMMISSIONER PAINTER'S inquiry to make certain that the property line to the south of the proposed rezone property is delineated in the replat, how can we be ensured that will be done, Director Pederson stated you can't, it's not appropriate to put a condition of approval on a rezone as a legislative action, and as a Business zoned property it could be conveyed our sold as a stand-alone lot as can any lot. Close public hearing&open regular meeting: Discussion of screening, R2 zone,and it being the third time this being before the commission. FINDINGS OF FACT 1. This rezone is consistent with recent Borough Assembly action approving a Comprehensive Plan amendment that changed the Future Land Use Designation of the parcel from Rural Residential to Commercial/Business. 2. This rezone will facilitate a replat, screening review, and issuance of zoning compliance to abate a long standing nonconforming use. 3. This rezone is consistent with the zoning of the lots to the south of this parcel. 4. This rezone is consistent with the objectives of the adopted Comprehensive Plan. 5. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY • 12/17/2015 P&Z Minutes Page 2 of 2 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 25 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-8 P 8 Z REGULAR MEETING'.DECEMBER 17,2014 N y KIB Location & Zoning Map ° NP0 Location and Zoning Request:A Rezone(MCA Alagnak Acres Subdivisionaim Glaaneb It R2-Two-famity Residential Op B-Business 17.205.010). Applicant:Alagnak,018, ItEringihealliDLOD N/ \490 flr I, a w,e„c ^Q- a1 rib n 445 sir ^ ..C9. Legend N r1) jjsuoiect ParcelZoned R2' m bP a o N. 9'E bP d cle 'CO's0 rl' v NI CD 2943 2993 s /' gad L Cove Drive a 2920 294 b 2970 fig? no g'6` co co ^ ^ /0,3 �op � ' �� L /477 M a Cr"; .�¶1' I.S. (� ;':t nY../ 's 362 nj Nin n y en yPV1tip C., 1P ,_I /"" qQ / Zoning Legend I I Public Use Lands I-1 Rural Residential 1 M Multi Family Residential Q Light Industrial 1-7 Watershed L Rural Residential 2 II Business []Rural Neighborhood Commercial I Conservation n Single Family Residential®Retail Business I®Urban Neighborhood Commercial C Rural Residential 1 [Two Family Residential Q L Industrial J Natural Use I I Kodiak Island Borough 013 Community Development Department vecv Access Roads blip'llw n..kediakak.Ysfus tofu)486'033] 1Mndis o pmldse Mnlmmnsr•Ptnpnwe mq.na i..m,nwdw la sen bgu ranaaenuuo.n E"""1unconaeucbe Rqm of wan Case No.15-007 Introduction Page 1t2 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 26 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING.DECEMBER 17,2014 Image Overlay Request:8 Rezone(.oacatJ%AI., .k Acres Subdivision mM DDatb 15-007 R2-Two-family Residential GOB-Business am 17.205.010). Applicant:Al.: .k,ha Agent:=Anderson w w, r,nn., vi w `, V. *r '. a t .- \ 1". ' od�$ty£ .wi t 4 y t a x .� xeT ' '4A i_ii r4 r h r S x Lj� �^ l ' iN- fl42ia' °•alr, " . : 3 , 14 414, rsiiiasast � ( ® Ø it i °ttrit..ff"21L. , ittuirr A j eft. A� -J ft ti o j 0,1 -41,a � k ," fir ;� 4 LS A t y t a,Ima. e lOverla L3 Fee' _- ' Lb �{=SjectParcel ! Nodiak Islentl Baroupl,019 Community Development Department WI,Novo,.kmellakakuskok(907)405-9337 m,.oe i,,,w imanEm la.mynas monrnmmnc Case No,15007 Introduction Page 2 of 2 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 27 of 78 AGENDA ITEM #13.C.1. • rp°stagPUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING:DECEMBER 17,2014 0 t ' i ALASKA - STAFF REPORT AND RECOMMENDATION Case 15 — 007. Request a Rezone of Lot 1, Alagnak Acres Subdivision from R2-Two-family Residential to B-Business(KIBC 17.205.010). DATE: December 3,2014 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 15-007 APPLICANT: Alagnak, Inc. AGENT: Mark Anderson LOCATION: NHN Cove Drive(between 2980 and 2944 Cove Drive) LEGAL DSC: Lot 1,Alagnak Acres Subdivision ZONING: R2-Two-family Residential NOTICE: Thirty(30) public hearing notices were mailed on November 10, 2014. No public hearing notices were returned as of the date this report was prepared. SITE VISIT: Various 1. Zoning History: • Zoned C-Conservation by Ordinance No. 1964-5-0. • Rezoned RU-Residential Unclassified by Ordinance No. 1965-10-0. • Rezoned RR-Rural Residential by Ordinance No. 1980-09-0. • Rezoned RR1-Rural Residential One by Ordinance No. 1983-15-0. • Rezoned R2-Two-family Residential by Ordinance No. 1986-37-0. 2. Lot Size: 17,513 square feet 3. Existing Land Use: Vacant 4. Surroundino Land Use and Zoning: North: Single-family and two-family residences zoned R2. South: Warehouse zoned B(approved by CUP per Case No.91-024). East: Flag stem of Lot 2 zoned B, two-family residence, church, and vacant parcels zoned R2. West: Single-family residences and mobile home zoned R2. 5. Comprehensive Plan: The 2008 Comprehensive Plan Future Land Use Designation of this parcel is Commercial/Business, This designation was approved on October 2,2014 by KIB Ordinance No.FY2015-04. 6. Applicable Regulations:The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: Case No.15—007 staff Report Page 1 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 28 of 78 AGENDA ITEM #13.C.1. PNo Bogy PUBLIC HEARING ITEM 7-B y -40 P 8 Z REGULAR MEETING:DECEMBER 17,2014 4if, Nr, S Q 4 ALASKA 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. 17.90.010 Description and intent. The B business zoning district is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities. For the business zoning district, in promoting the general purposes of this title,the specific intentions of this chapter are: A.To encourage the continued use and development of land for retail purposes; B.To discourage the use of business district lands for other than retail purposes; C. To prohibit the use of business district lands for manufacturing and industrial purposes; and D. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. 17.205.010 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. 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. 17.205.055 Submission to assembly. A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days,files a written statement with the clerk requesting that the commission's action be taken up by the assembly. Case No 15—UP Staff Report Page 2 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 29 of 78 AGENDA ITEM #13.C.1. Gro PUBLIC HEARING ITEM 7-B 9 P 8 Z REGULAR MEETING:DECEMBER 17.2014 grti � S 3 ALASKA STAFF ANALYSIS This rezone request is a continuation of the applicant's effort to develop this site for business use. A loading dock that serves a warehouse on the adjacent B-Business zoned parcel (in contiguous ownership) is constructed on this site. The applicant wishes to construct a covered shelter over that loading dock. Although the nearby warehouse and loading dock are a permitted conditional use in B-Business zoning, they are not permitted in R2-Two-family Residential zoning; therefore, a rezone to B-Business is required to accommodate the existing and desired development. As a precursor to this request, the Borough Assembly recently approved an amendment to the 2008 Comprehensive Plan Future Land Use Maps. That amendment changed the Future Land Use Designation from Rural Residential to Commercial/Business(Ordinance No. FY2015-04). Should the rezone be approved, further action will be required by the applicant prior to commencing development. The existing loading dock crosses over a property line;therefore, a replat of all or a portion of the subject parcel into the adjacent B-Business zoned parcel will be required. This rezone will facilitate that replat. A screening review will also be required,due to the site's adjacency to a residential zoning district. Upon completion of the replat and screening review, zoning compliance may be issued for the existing loading dock and any future commercial development of this site. It is important to note that the rezone will not bind the applicant to the development proposed in the application or to the subsequent replat required to accommodate that development. Once rezoned,any use permitted in B-Business zoning may be established on the parcel. CONFORMANCE WITH THE COMPREHENSIVE PLAN A rezone to B-Business is consistent with the Commercial/Business Future Land Use Designation. The rezone is also consistent with the following land use goal, policy, and implementation actions of the adopted Comprehensive Plan: Goal: Regulate and manage land uses to balance the rights of private properly 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 or constraints that may affect development. 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. Implementation action: Evaluate parcel size, topography, and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. ZONING/USE The subject parcel has been utilized in part to support the adjacent warehouse for several years. Such use is not permitted in R2 zoning, but is conditionally permitted in B zoning. The rezone to B-Business will facilitate a replat and screening review that will allow the issuance of Case No.15—007 Staff Report Page 3 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 30 of 78 AGENDA ITEM #13.C.1. pjo eoq PUBLIC HEARING ITEM 7-B y P&Z REGULAR MEETING:DECEMBER 17,2014 G a 0 rc 'L ALYSKA zoning compliance to abate the nonconforming use. The rezone is also consistent with the zoning of the lots to the south of the parcel. COMPATIBILITY OF LAND USES A rezone can affect the long term direction of a specific area in the community. Business zoning introduces elements of noise, lights, hours of operation, and increased traffic at a scale not typically associated with residential uses, such as those that are adjacent to or near three sides of the subject parcel. Although the current warehouse has coexisted with those residential uses for 22 years, any change to a more intensive business use may increase the likelihood for land use conflicts. If approved, the rezone may have the potential to fundamentally change the character of the surrounding residential neighborhood. LAND SUITABILITY The land within the rezone area is suitable for all uses permitted in B-Business zoning. RECENT DEVELOPMENT TRENDS IN THE AREA The primary development trend in the area is the gradual establishment of single-family and two-family residences. Although current development has been gradual, the area exhibits all the indicators of continuing expansion and increasing intensity of residential use. The Commission recently approved a Preliminary Plat for the subdivision of a larger residential parcel in this area (Case No. S14-011). That subdivision will create 4 additional lots that will use Cove Drive for access. TRAFFIC IMPACTS A rezone to B-Business would allow a very broad range of permitted and conditional uses.The establishment of a use other than the current warehouse would likely result in increased traffic levels utilizing Cove Drive. 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 12 trips 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. 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 it 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 (4 ADTs per 1,000 sq. ft.) and convenience store (738 ADTs per 1000 sq. ft.) represent each end of the spectrum. It is important to Case No.15-007 Staff Report Page 4 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 31 of 78 AGENDA ITEM #13.C.1. p$ °°4 PUBLIC HEARING ITEM 7-B , P 8 Z REGULAR MEETING'DECEMBER 17,2019 I;l. ' 'L ALASKA consider the full range of uses allowed in a business zoning district and the character of each use when considering a rezone. CONCLUSION Staff has determined that this request is consistent with the objectives of the Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for rezones. The rezone will allow the applicant to replat the parcel into the adjacent B-Business zoned parcel.Upon completion of the replat and required screening review,zoning compliance may be issued to abate a long standing nonconforming use. Staff supports a favorable recommendation from the Commission and approval by the Assembly. Case No.15—007 Staff Report Page 5 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres SUbdiV... Page 32 of 78 AGENDA ITEM #13.C.1. 0`�f4o opyo� PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING:DECEMBER 17.2014 o f , -' 'L ALASKA 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 rezone of Lot 1,Alagnak Acres Subdivision from R2-Two-family Residential to B- Business 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. 15-007. Staff recommends this motion be approved. FINDINGS OF FACT(KIBC 17.205.020.A-C) 1. This rezone is consistent with recent Borough Assembly action approving a Comprehensive Plan amendment that changed the Future Land Use Designation of the parcel from Rural Residential to Commercial/Business. 2. This rezone will facilitate a replat, screening review, and issuance of zoning compliance to abate a long standing nonconforming use. 3. This rezone is consistent with the zoning of the lots to the south of this parcel. 4. This rezone is consistent with the objectives of the adopted Comprehensive Plan. 5. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone. Case No.15-007 Staff Report Page 6 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 33 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING:DECEMBER 17,2014 Kodiak Island Borough fir Community MillDevelopmenty Kodiak 0Department IIIIIIIIIIIIIrIIIIIIiII Ill sibmi[AyEmalf Ph.(907)486-9362 Fax(907)486.9396 hnp-Avww kodiakak us 21114 PROP_ID 21114 Application for Rezone KIBC 17.205 15-007 The following information Is to he supplied by the Applicant: Property Owner/Applicant: Alagnak Inc. Mailing Address: 2705 Mill Bay Rd Kodiak Phone Number: 486-3215 Other Contact email,etc.: mark.Andenon@frici.net Legal Description: Subdv:Alagnak Acres Block Lot: 1 Street Address: NHN Cove Dr. Lot 2 Warehouse property is 2980 Cove Dr Current Zonlno aRr t KIBC.8a00(7 Proposed Zoning: Business KIBC 17.90 Applicable Comprehensive Plan: A. I3 A.Kodiak Island Comprehensive Plan Update 2008 Explanation of the need 8,justification for a change or amendment of zoning: See attached: -- 0(T 1-0 20M Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: The effect of an approval of this request will result in no change to the objectives of the 2008 Comp plan. The current Comp plan places Lot 1 in a Commercial/Business land use district by a unanimous �a�ppro al of the KIB assembly on October 2,2014.Use of this lot and the adjacent Lot 2 has been Commercial/Business for over 5r'y�rs.The adjacent lot 2 has continuously operated as a warehouse since a certificate of occupancy was Issued on May 26,1992. One of the goals of the Comp plan is to suppon Commercial Business and this rezone will support that goal. Date: Oct 10,2014 Signature: /// 4_ qs,4„vis_ Case No.15-007 Application Package Page 1 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 34 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING.DECEMBER 17,2014 CDD Staff Certification Date: yc/0/Ay CDD Staff: - / A Pyment Verification Fee Payable in Cashier's Office Room it 104- aln floor of Borough Building rIvl��LJ/ Not Applicable r 50.00 � le I Less than 135 acres: 535000. (Aj " � 1.76 to500 aces: F 5750.00 pip 5.01 to 4000 acres: r $1,000q�00 {yr4U q 40.01 acres or more: F 51.500.00 9 R-I OCT 10 MR KODIAK ISLAND BOROUGH FINANCE DEPARTMENT Case No.15-007 Application Package Page 2 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 35 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING,DECEMBER 17,2014 Explanation of the need&justification for a change or amendment of zoning: The subject property,Lot 1 of Alagnak Acres is a vacant unimproved lot that has been used for commercial/business purposes since 1992. Even though the borough designated the area of Lot 1 as 82,the use of the property has been consistently business for 22 years. In fact,the warehouse which began construction in 1991 and completed in 1992 was one of the first buildings constructed in the area. This re-zone corrects errors made by both the borough and property owner many years ago. The property owner should not have built on the split—lot zoning back in 1991 without re-zoning the area now known as Lot 1&formerly known as 5-18 nor should the borough have allowed it. In addition,the borough should have corrected the issue in 1998 when the new Alagnak Acres sub-division was created. The 1998 sub-division created a situation that made it impossible for the property owner to comply with borough code. A re-zone will allow the property owner to build a covered shelter for its long-term tenant on the existing loading dock. The shelter from Kodiak's weather will help create a safer work environment. Alternative methods were considered but resulted in adding to the cost of any modification by over $115,000.00. This will allow for the highest&best use of the property. Qcr 1 0 iO4 Case No.15-007 Application Package Page 3 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 36 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING:DECEMBER 17,2014 p,5Pd 141A/Iffiliu5/y 44 icAl y- 11 Introduced by; Borough Manager 44 041/'4 e>r re441 /17441 H Requested by: Planning 8 Zoning / Commission Z AM, en SK G/El%tkd• Dratted by: cDDStaff Introduced: 09116/2014 3 Public Hearing: 10/022014 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, II 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 Comprehenslve.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 he 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 Bustificatjon fqr a Change or I 41 Amendment. " fOff 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 Case No.15-007 Application Package Page 4 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 37 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B Pa ZR EGULAR MEETING:DECEMBER 17,2014 40 17 17 2Ci+ra p 3 Rindln3s as to tn9 Ellett n enanpe...ut. t Its: eru wnul:l 48 hav9 on the Ctectr.toflOgSawIp t•Plan 49 511 Ccagnatirg lids lel as COpirre:KIVcu:tnasr. cnnslshcrt witn Inc Kodak. it laiied Ecrosgh Cemprdoreire Plan Goal I& r pi.I acrinenial 2 buBIesr_s art seas w it:,,the Doir,LsJt, 54 C«ai3nuti.J Ibis lel fis CommorclaVEtsm0<E cansistem stn Inc kcdak 35 lawn Borough CnmpiC et:Lec Plan Gcal,to update anti !morin, the .SF. electiveness cd Bamugli polcis, riane7 legd=iti0nt all Feneetires, Sl adie,ed by re.ieatng r.,r.:ng 0kdkran0. with a 100.5 Cl‘rintm¢rq the 58 ruinhee 01201196 whore p0seele:o mils ccrltnbn. El /:11 Lrifaati•.g this lol as CcntiEttrtialgitriin26a 4 O0n{iF•W4iwtth the itknak 61 Is`Srd Bc1CV111 COmmprhhenst•..a Finn imn''cn.ccdntbn Arlen la aniadcalrr 63 t6rier adoplad anning d.:.nr ta assure Itzt rte./me ap:ncpri,ue and 63 IcCu a Ca ire reeds 'and dierwi:n prrridau' by pmmdnd Cy On ril esesp etienove Pkat 34 911 granola suppmgrlg Da.7rn=nal+sufhers: G EIS ADOPTED BY.THE ASSEMBLY OF THE KOOtAK ISLAND OOROUCH 67 THIS DAY OF 7}14 fn 70 KODIAX ISLASJD BCrv.Xlfi Ti 7] i.l Jeno1 Frier6,eareopi Mityer Is ArrESr 16 77 IL 79 Nom At,Avila,time;Barvigh CleiV. Kraaac Llan E0rao211.Alaska t>:irur ec::o.r Y2555.0 Case No.15-007 Application Package Page 5 of 6 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 38 of 78 0 1 5 a) C) l7 co ZO PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING:DECEMBER 17,2014 T N O 01 I \ N w �-�i� � o \� 4 1 , moi,- 1 1 1 ,:4„. r .,,yo- 1 Iai- rale'-^-' __ 1,A, p co \ tir air 2"'�i=..w -51. .`�rT' y y a , , C' 4 r', te' 'a'a .0 Y �'Y,raM1 Id °`"�p" rti•✓!> ��''"L'fiitd# �.'�°d e 4-71/ .: 7o ward .s.nr 9 r ya4 -,+� °F/ aM1 :d- -s'c--_� ' & - i 4`- t� co )ki � !\� 'y 1 .aw3 `vim'/ ,*milt 1 disk Island � � � °IiR Dlicik‘ 1. DT tiot b) CERTIFICATE OF OCCUPANCY ( to �� Department of Building inspection 3 tt �I P 9 P t (2, gS 6 'This certificate,issued pursuant to the requirements of section307 of the 1 + % 0 , tK Uniform Building code certifying that at the time of issuance this structure d -44,\ was in compliance with the various ordinances of the Borough regulating i cr �t1 building construction or use for the following: y `4^ ; <` 'I' a. e q Use Classification Warehouse Building Permit No. EE91076 S �k y� ls�ii� �' VN Zane Business Ilift ;\ y 4 /��. Group H2 Type Construction Use /` cri r, '1 3� §' Elizabeth P. Inc. 173 Island Lake Rd. ? �� 11 k9 r ; Occupant of Building Building Address j, a t "; n , a 43 I; Leonard Kimball By /4,.i • f Date 26 92tSTh , �s`�. I11tR- R t Budding Official i "M . Za \, ' #`"itc `sr b.A '`"" ✓ js §t eu ; rq ' s+- ' rr i a ( ry r i `� R T ; - w \ rnaw i . s icy [ \ 111. ur Oma..o ,,t.--,--- ,..o ..x _ w y co Case No.15-007 Application Package Page 6 of 6 ni aJ C0 it-a pW AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING:DECEMBER 17,2014 Kodiak Island Borough t ma ° , ''vr, Community Development Department '4`f � 710 Mill Bay Road Room 205 ` �'� r Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us November 10,2014 Mr.Mark Anderson Alagnak,Inc. 2705 Mill Bay Road Kodiak,AK 99615 Re: Case 15-007. Request a Rezone of Lot I, Alagnak Acres Subdivision from R2-Two-family Residential to B-Business(KIBC 17.205.010). Dear Mr.Anderson: Please he advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their December 17,2014 regular meeting.This meeting will begin at 6:30 p.m.ill the Assembly Chambers,710 Mill Bay Road, Kodiak,Alaska,Attendance at this meeting is not mnandatory but recommended. One week prior to the regular meeting,on Wednesday, December 10,2014 at 6:30 p.m.in the Borough Conference Room 0121),the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of eases scheduled for the regular meeting. The public is welcome to attend the packet review work session;however,the work session is not for the purpose of receiving public testimony.Applicants who wish to present testimony andfor evidence related to their case should appear at the Public Hearing during the Regular Meeting'and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information.In advance;thank you for your cooperation. Sincerely, ciCp Sheila Smith,Secretary Community Development Department Case No.15-007 Public Comments Package Page 1 of 4 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 40 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B P 8.Z REGULAR MEETING:DECEMBER 17,2014 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)486-9363 wo w.kodiakak.us November 10,2014 Public Hearing Nein 7-13 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 17,2014.The meeting will begin at 6:30 p.m.' in the Borough Assembly Chambers, 71(1 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission,to hear comments if ally,on the following request. CASE: 15-007 APPLICANT: Alagnak,Inc. AGENT: Mark Anderson REQIJES'I': A Rezone of Lot I, Alagnak Acres Subdivision from 122-Two-family Residential to B-Business(KIBC 17.205:0104 LOCATION: NI-IN Cove Drive(between 2980 and 2944 Cove Drive) ZONING: R2-Two-family Residential This notice is being scot to you because our records indicate you are a properly owner/interested pally in the arca of the request. If you do not wish to testify verbally,you may provide your comments in the space below or in a letter to the Community Development Department.Written comments must be received by 5 PM.Tuesday,December 2,2014 to be considered by the commission. If you would like to fax your comments to us,our Itiv number is: (907) 486-9396, or you may email your comments to ssntilhrdkndiakak.us. If you would like to testify via telephone,please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone member is I-855-492-9202. One week prior to the regular meeting,on Wednesday,December III,2014,a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room(11121),to review the pocket 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. Ifyou have any questions about the request or your appeal rights,please feel flee to call as al 486-9363. Veer Name: suawee Adore:s: ve -property description: Case No.15-007 Public Comments Package Page 2 at 4 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 41 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B Pa Z REGULAR MEETING:DECEMBER 17,2014 Case 15-007 Location Request a Rezone of Lot 1, Alagnak Acres NHN Cove Drive (between 2980& 2944 Cove Drive) Subdivision from R2-Two-family Residential Applicant to B-Business (KIBC 17.205.010). Alagnak, Inc. Ud A 7 nr� N. p ^p' et�o �o Q 4vU 9 A P 9 0 l 99 v ! O •$7 ^ ti -2 3259 pp 'V q, Circe. „. Q r'O ^ ^ W`°n Q ^pM1 �e M1�A PC e a 1k ��05 '�' ^wry. tis Sia` 3 6 pP" 1 n, w qiN ti S \t :390 43 2903 bP �/ core a«a \1144 0 2920 ^20171 24 43 j ei ^P �a qb yP 0' 60 a % ^P � 0 P m62 .-;13 'L �® "' 93 9 ^ b \\\\ 0P ."ryP' 1f' ,2Ra P. ay/ NE7/Z 6a 413' P ,340/ SWi/2J F AP El cc-I bilif 67 cb0, 6P ree # ^2s a 6 ^�M19e eL ek 6% UI,% ^P / Itcb5 t Ac 6 r Public Hearing Notice Legend N Reel osubject Parcel w Abi u a 190 MD 760 n Notification Area r 1 Kodiak Island Beteupa GR Community Development Department o°--pmme Roads Mrp//www.kwiiekak ua/ps(907)495.9337 ady ygIssoIinaneee the,y laeseonelWNuea „__ gY rgrernratiene ''I Uncomlructedngnl of Ways Case No.15-007 Public Comments Package Page 3 of 4 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 42 of 78 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B P a Z REGULAR MEETING'.DECEMBER 17,2014 First_Name Last_Nam a Mail_Line_ Mail_City Mail Sta 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 BEEHLER 2376 MISSION RD KODIAK AK 99615 DANIEL CANAVAN 330 SHAHAFKA CIR KODIAK AK 99615 KELSEY CFIATSKI 4026 LUNAR DR NA2 ANCHORAGE AK 99504 JAMES L COLE 2054 RIVERSIDE AVE APT 5104 JACKSONVILLE FL 32204 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 PO BOX 8585 KODIAK AK 99615 IAN FUI.P 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 99015 KODIAK VENTURES,INC. PO BOX 1066 KODIAK AK 99615 TANNER R MAINERO PO BOX 2027 KODIAK AK 99615 RICHARD MCKINNEY PO BOX 1739 KODIAK AK 99615 CHRISTINE MCVAY 344 SHAHAFKA CIR KODIAK AK 99615 BENJAMIN REHMER P.O.BOX 446 KODIAK AK 99615 TED ROGERS 445 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 BENT ONVILLE AR 72716 MICHAEL WELBORN PO BOX 634 KODIAK AK 99615 Case No.15-007 Public Comments Package Page 4 of 4 Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdiv... Page 43 of 78 AGENDA ITEM #13.D%1. KODIAK ISLAND BOROUGH qq , -. AGENDA STATEMENT Yd •` JANUARY 8, 2015 f ' I ASSEMBLY REGULAR MEETING TITLE: Assembly Direction to the Treasurer/Finance Director to Prepare and Publish the 2014 Roll of Real Properties Subject to Foreclosure. ORIGINATOR: Karl Short FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Per KIBC 3.35.160 Preparation of the foreclosure list. When the assembly elects to proceed under the Alaska Statutes to enforce the lien of taxes against real property,the treasurer shall,within such time as the assembly directs, make up a roll in duplicate of all real property subject to foreclosure. The rolls shall show the name of each person appearing on the latest tax roll as the owner of tax-delinquent property, a description of each property as it appears on the latest tax roll, the year or years for which the taxes are delinquent, the amount of delinquent taxes for each year and penalty and interest thereon accruing the day six months after the day of delinquency of taxes of the latest year. The treasurer shall endorse on the roll a certificate under his hand and the corporate seal that it is a true and correct roll of the delinquent taxes of the borough for the years shown. The roll shall be known as the foreclosure list of the borough for the year in which it is made up, and the original of it shall be filed with the clerk and remain open to inspection by the public. Per KIBC 3.35.170 Publication of the foreclosure list. After the preparation of the foreclosure list, the treasurer shall, under the direction of the assembly, have published in the official newspaper of the corporation, or in a newspaper of general circulation in the borough designated by the assembly, a notice under the hand of the treasurer setting forth the foreclosure list of real property for the year, naming it as complete and open for public inspection at the office of the clerk, and that on a day certain not less than 30 days after the final publication or posting, where posting is authorized of the notice, the foreclosure list will be presented to the superior court of judgment and order of same. RECOMMENDED MOTION: Move to direct the Finance Director to prepare and publish a roll of real property subject to foreclosure and make said roll available for public inspection. Kodiak Island Borough Assembly Direction to the Treasurer/Finance Director to Prep... Page 44 of 78 AGENDA ITEM #13.D.1. Kodiak Island Borough TY2O14 Property Tax Foreclosure Timeline/Tracking Who Item Done Code No. Finance Finance Director prepares agenda statement for assembly for directive to prepare roll list and publish pre-filing notice for all real property subject to Directed 3.35.160 foreclosure with preliminary process timeline. After directive from Assembly,treasurer will prepare roll list of all real 3.35.170 property subject to foreclosure Treasurer will prepare agenda statement for 3.35.210 assembly and present the foreclosure list,for assembly directive to publish the updated Foreclosure List in the newspaper after 30 day public inspection window is complete. Proposed Presentation Dote: December 30,2014(worksession intro) January 8,2015(reg mtg approval) Finance At directive from Assembly,treasure will publish pre-filing notice in Done: newspaper for four consecutive weeks.Copy to the clerk to remain open for 3.35.160 inspection by the public for 30 days. Proposed Publication dotes:Week 1 January 9,2015 Week 2 January 16,2015 Week 3 January 23,2015 Week 4 January 30,2015 Finance After direction of the assembly,the treasurer shall have published in the Set for: official newspaper,a certified copy of the Foreclosure List,for no less than 3.35.170 four consecutive weeks.Publication and attorney fees added to properties. Proposed Publication Dates: Week 1 February 13,2015 Week 2 February 20,2015 Week 3 February 27,2015 Week 4 March 6,2015 Attorney On the day designated in the notice published,a certified copy of the Petition tl foreclosure list together with a Petition For Judgment shall be presented to 3.35.180 the superior court. Pro.osed Date: February 13,2015 Finance The treasurer shall,within 10 days after the first date of publication in the Mailed: newspaper,mail to each person to whom a tract is assessed,at his last 3.35.180 known address,a notice describing the property and the amount due as stated on the Petition For Judgment. Proposed Date: by February 13,2015 Attorney 30 days after first newspaper publishment of delinquent tax list,an updated DEFAULTJUDGMENT original listing to be presented to the court for application of Default ENTERED: 3.35.180 Judgment(starts one year redemption window). Proposed Date: March 13,2014 One year redemption period ends: 1 year after Default Judgment signed Attorney Issue Certificates of Redemption to those who redeem properties under AS NEEDED 3.35.240 Judgment of Foreclosure. Assembly Direction to the Treasurer/Finance Director to Prep... Page 45 of 78 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT JANUARY 8, 2015 �"� 3 ASSEMBLY REGULAR MEETING oxt TITLE: Confirmation of the Assembly Appointments to the Citizens Board of Equalization (Laird and Shields). ORIGINATOR: Jess Kilborn FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: There are currently two vacant seats on the Citizens Board of Equalization. Annual appointments were made on December 4 for terms ending on December 31, 2014, however one vacancy remained after the deadline to receive applications. On December 18, the Assembly amended KIBC 3.35.050 Members to add a second alternate seat to the board. Applications were received from Ms. Paula Laird and Mr. Grant Shields on November 24, 2014 for consideration of the two vacancies. RECOMMENDED MOTION: Move to confirm the Assembly Appointments to the Board of Equalization of Ms. Paula Laird to the seat term expiring December 31, 2017 and Mr. Grant Sheilds to the Alternate seat term expiring December 31, 2017. Kodiak Island Borough Confirmation of the Assembly Appointments to the Citizens Bo... Page 46 of 78 AGENDA ITEM #13.D.2. Jessica Kilborn From: Spam Alias Sent: Monday,November 24,2034 12:30 PM To: Clerks Subject: FW:Online Form Submittal:Board Application Form From:noreply@civicplus.com Sent:Monday,November 24,2014 12:31:04 PM(UTC-09:00)Alaska To:Clerks Subject:Online Form Submittal:Board Application Form The following form was submitted via your website:Board Application Form Select the Board,Commission,or Committee applying for:Board of Equalization Designated seat or group representation(if applicable):: Full Name:Paula Laird Residence Address:410 Hillside Drive tt4 Mailing Address:Kodiak,AK 99615 Email Address(This address will be used for correspondence):Paula.Realtor@me.com Home Phone Number(numeric only):9079420444 Work Number(numeric only):9075122771 Cell or Fax Number(numeric only):9079420444 Employer/Occupation:RE/MAX of Kodiak,Broker Please provide ONE of the following:Date of Birth or Last 4 digits of SSNN:Feb.15,1967 Length of residency in Kodiak:9 years Registered to vote in Kodiak?:Yes Length of Residence in Service Area:4 years Are you currently serving on other Boards,Commissions,or Committees?:No If yes,which: Confirmation of the Assembly Appointments to the Citizens Bo... Page 47 of 78 AGENDA ITEM #13.D.2. Organizations you belong to or participate in:Kodiak Board of Realtors Alaska Association of Realtors National Association of Realtors Frontier Baptist Church Explain your main reason for applying:Asked to participate and I am interested in serving as well. What background,experience,or expertise will you bring to the board/committee/commission membership?:Seven years of real estate experience,the last S years with a Brokers license and the most recent 2 years as a Broker/Owner. Are you available for regular meetings?:Yes FOR CLERKS OFFICE STAFF ONLY: Registered Voter of the Borough: V N • Applicant's Residence:Borough City • Date of Appointment: Term Expires On: Appointment Letter: Roster: Oath of Office: APOC POFD Statement:N/A Attached On File • Additional Information: Form submitted on:11/24/2014 12:31:04 PM Submitted from IP Address:65.74.89.193 Referrer Page:No Referrer-Direct Link Form Address:http://www.kodiakak.us/Forms.aspx?FID=72 2 Confirmation of the Assembly Appointments to the Citizens Bo... Page 48 of 78 AGENDA ITEM #13.D.2. Nov 24 14 02:42p (907) 486-5674 p.1 1420 A Mill Bay Road Office:(907)466-4E63 Kodiak.AK 9E615-6412 raw(907)4865674 WWW alaska1realty.cotri Cell:(907)539-2662 Emalf grantsecci net 'The ? WWhoKKCaarwres' erSALCV FAX COVER SHEET To: 7(--(1�3 z/ / Fax Number. Rant -(�C??! From the desk of: Oranl J.Shields Total number of pages: I/ (including cover sheet) 441 Date.fi a-y-I chime: _ • (Alaska Standard Time) RE: 3OfrYfir/(�C-lApidwt Notes: - �4l�n -.1r1 •/Yix�-k' . - THIS FACSIMILE CONTAINS CONFIDENTIAL PRIVILEGED INFORMATION INTENDED ONLY FOR THE INDIVIDUAL OR ENTITy TO WHOM IT IS ADDRESSED. DO NOT READ, COPY OR DISSEMINATE THIS INFORMATION UNLESS YOU ARE THE ADDRESSEE (OR THE PERSON RESPONSIBLE FOR DELIVERING IT). IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CALL US COLLECT IMMEDIATELY AT (997)486 • - 4663 AND RETURN THE ORIGINAL MESSAGE TO ALASKA ONE REALTY, LLC (1420 A MILL BAY ROAD,KODIAK,AK 99615)VIA THE POSTAL SERVICE. [5 Confirmation of the Assembly Appointments to the Citizens Bo... Page 49 of 78 AGENDA ITEM #13.D.2. Nov 24 14 02:43p (907)486-5674 p.2 KODIAK ISLAND BOROUGH , °n4, - \ OFFICE OF THE BOROUGH CLERK } 710 Mill Bay Road, Room 101 aw Kodiak,AK 99615 et • Phone:(907)486.9310 Fax:(907)486-9391 --r njavier@kodiakak.us APPLICATION FOR APPOINTMENT TO BOARDS,COMMITTEES,AND COMMISSIONS Board/Committee/Commission: Designated seat or group representation(if applicable): Please be aware that the Information given on your application is made available to the public. Staff will require the use of a mailing address,email address,and contact phone number to provide board and meeting information. Name: (RIa vtr c-rt l R /(QS Daytime Phone: Cyan -486 -466 r Residence Address: v/7- 4.4&24.9 t J'r/ Evening Phone: 0707 S39-6e? Mailing Address: fG x cs-i cwic r/}-jk Cell Phone: yr r, 4 Email Address: r,.ci_u‘+ ,> 0,5 Ci Vu ii-i— Fax Number `e,7 _ 4'B 5-c7(r, Length of Resi ince in Kodiak: 07 S /emirs- Registered to vote in Kodiak?rY-�'"fyiYes ao Please provide one of the following:Date of Birth /02-/)-/55?Last 4 digits of SSN# Employer/Occupation: OLtl/LC7Z //jcr_yFQrt /7u'41-E/cr<q / tel2-hty 2.-GC Organizations you belong to or participate in: y-Cc.S1>.-7 ,€o, r-C G 6= /2avr-/4a,5 /S ki/%W.,L..a on (-12 ',4/''StH S fitf< 6n<<tttctw cc rGaimTw e ', Explain your main reason for applying: tJ ALP ,. 444, ��/�Q 4..4 ,.` e,../ ,Q4f ex-2_4 .r✓i/iu.w..,_.0 CM cdrit ,%„„...c 06...:.... <.a, (�Ko/(uer� /C/Ca4d¢sf..ui.- , What background,experience,or expertise will you bring to the board/committee/commission/membership? / Vcpte'S ,4S /t /1631.-/ ES!)t-le" 22.--P/2--- n.-f cchr•,,•L, /2 /cn4..S As— f4s4/ pw iftie-- g.6 +-._ -<. Areou available for regular meetings? YES y g g Pursuant to KIBC 2.100 D70(A.6)Otter than by exptmtion of the members tam,as assembly shall declare a seat vacant when a member misses three conseastively held regular meetings and is not excused. i Signature of Applicant: ,ice 401/1,—,..-..• _ .y Date: //-olti`r)G/Y A resume or letter or interest may.' . ached,but is not required.This application wit be kepi on tile for one year.Please be aware that there may be an applic " deadline. Application deadlines, if applicable, are avatabte on the Bcrough website at wwx.'<odiakekuUmq Cr In dNot• Vacancy announcements adyerased in the Kodiak Dally Asrro -STAFF USE ONLY- Regklered vaa al the Borough Yes() No f) Appckaner Leiter: Oats Remisad:(date stamp below) Applicant's Rasdare:Borough( ) Ory() Roster Date or Appdnonat Oath or Otace: Terni Expires a.: APOC POFD St temert Anal,ed(I On File() Confirmation of the Assembly Appointments to the Citizens Bo... Page 50 of 78 AGENDA ITEM #13.D.2. KODIAK ISLAND BOROUGH CITIZENS BOARD OF ,EQUALIZATION NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Mark Anderson 2015 486-3377 486-3215 mark.anderson(G�gci.net 1124 Stellar Way Kodiak,AK 99615 Ed Mahoney 2015 486-1968 539-1234 539-1234 builders{Ghptialaska.net 3944 Spruce Cape Road Kodiak,AK 99615 Carrie Morton 2016 486-8877 481-1044 539-1235 mortonc(Gi7residentialmtq.com PO Box 2601 Kodiak,AK 99615 John Parker 2017 486-3084 486-3084 tovbox(o)gci.net PO Box 191 Kodiak,AK 99615 Vacant 2017 Cheryl McNeil(Alternate) 2016 486-8415 486-3100 mcneilmom(gwahoo.com 2147 Three Sisters Way Kodiak,AK 99615 Vacant(Alternate) 2017 KIBC 3.35.050 Members.The board of equalization shall be composed of five(5)persons and two alternates, not assembly members,appointed by the assembly. This board is governed by Kodiak Island Borough Code 3.35.050 E ASSESSOR BILL ROBERTS 466-9350 brobertscakodiakak.us •BOROUGH CLERK{NOVA M JAVIER 486-9310, niaviereskotliakaR_ }car � rn i.av a �,ASSESSING DEPARTMENT r OFFICE OF THE BOROUGH CLERK 1 710 MILL BAY ROAD _ p 710 MILL BAY ROAD ROOK8AK 99615 ROOODMK,1A K 99615 .�. Revision Date.12/12/2014 Revised by.AM Confirmation of the Assembly Appointments to the Citizens Bo... Page 51 of 78 AGENDA ITEM #13.D.3. KODIAK ISLAND BOROUGH .17:` AGENDA STATEMENT f `M JANUARY 8,2015 4`:.3 ASSEMBLY REGULAR MEETING TITLE: Declaring a Seat on the Parks and Recreation Committee Vacant (John Neff). ORIGINATOR: Jess Kilborn FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Parks and Recreation Committee held six meetings during the period of January 1 through December 31, 2014. Of those six meetings held, Mr. John Neff missed four of them. Per KIBC 2.100.070 (B)Vacancies the seat held by Mr. Neff for a term expiring December 31, 2016, needs to be declared vacant and advertised for applications. 2.100.070 Vacancies. B. If a member of the board, committee, or commission misses one-half of the meetings held in any year of his or her term in office, each year between January 1st and December 31st, the seat shall be automatically vacated. D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. RECOMMENDED MOTION: Move to declare the seat on the Parks and Recreation Committee held by Mr. John Neff for a term expiring December 31, 2016 vacant and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Declaring a Seat on the Parks and Recreation Committee Vacan... Page 52 of 78 0 CD 0 0) 7 Co Ca CD CD 0) 0 CD Parks & Recreation Committee m January- Decem_ ber,2014 mAttendance - .. - - SIX meetings were held during Jan.I and Dec 31 2014. 73 CD Saltonstall- Marion- O Meetings Quorum VC Lindholm Chair Johnson Scalzo Neff Wolkoff ID N 1/28/2014 Q P P P P P E N/A O 2/25/2014 No Q 3/25/2014 Q P E P P P P N/A O 4/22/2014 No Q 2 5/27/2014 Canceled Ia 3 6/24/2014 Q P P P P P II N/A If 7/22/2014 Q P P P P P II N/A CD 8/26/2014 No Q lit) 9/23/2014 NoQ w 40/28/2014 Q P E P P P P N/A 7 11/25/2014 NoQ 12/16/2014 Q P E P P P A P • 201'6 NEEDS TO RE APPT'D 60E6 30F6 6OF6 60E6 60P6 • VACATED 12/4/2014 TERM TERM TERM TERM TERM TERM TERM EXPIRES EXPIRES EXPIRES EXPIRES EXPIRES EXPIRES EXPIRES 12/31/2015 12/31/2014 12/31/2014 12/31/2015 12/31/2014 12/31/2016 12/31/2015 E-EXCUSED;P-PRESENT;A-AIBSENT IN ^ All meetings are Regular Meetings unless specified otherwise V! Was there anyone physic lly absent from the municipality for 90 consecutive dys NOT excused by the bo.ud7 m Did a member miss 1/2 of the meetings held in any year of his or her term of office,each year between January 1 and December 31? YES Z d co CD CD cn n CO m opw O w AGENDA ITEM #13.D.3. KODIAK ISLAND BOROUGH y. . a -etPARKS AND RECREATION COMMITTEE 124-.M1; NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Helm Johnson 2015 539-5014 539-5014 539-5014 helm( rideakimbo.com PO Box 261 Kodiak,AK 99615 Rick Lindholm 2014 486-8297 486-8111 rickl(n7q.kiha.orq PO Box 474 Kodiak,AK 99615 Michael Marion(Chair) 2014 481-2999 487-4991 memarion(olgci.net PO Box 9052 Kodiak,AK 99615 John Neff 2016 907-942- SAME johnneff89((gmail.com PO Box 3238 3436 FAX Kodiak,AK 99615 512-0992 Patrick Saltonstall (Vice Chair) 2015 486-2634 486-7004 pgsaltonc 'gci.net PO Box 1909 patrick(Nalutiigmuseum.crq Kodiak,AK 99615 Michael Scalzo 2014 707-490- 487-5525 707-490- michael.a.scalzo(g�uscq.mil 2017A Aviation Loop 5489 5489 Kodiak,AK 99615 Sharon Wolkoff 2015 539-2292 486-9824 539-2292 sharonwolkoff(dhotmail.com PO Box 2607 Kodiak,AK 99615 NON-VOTING EX-OFFICIOS 539-1040 aaron.grif(n(onikibassembly.orq Assembly Representative Aaron Griffin PO Box 8836 Kodiak,AK 99615 State Representative Vacant City Parks&Rec.Representative Vacant 486-8670 School District Representative Ron Bryant 539-1482 rbryant0l(nkibsd.orq 722 Mill Bay Road Kodiak,AK 99615 Roster continued on the next page.... Revision Dale:12/8/2014 Revised by:am Declaring a Seat on the Parks and Recreation Committee Vacan... Page 54 of 78 AGENDA ITEM #13.D.3. ,y.,. KODIAK ISLAND BOROUGH aZ. - VCi "cet . = PARKS AND RECREATION COMMITTEE r. NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Planning and Zoning Commission Representative alan.schmitt(Dikibplanninq.ore Alan Schmitt 486-5314 942-0404 3295 Woody Way Loop Kodiak,AK 99615 Vacant,Alternate This committee is governed by Kodiak Island Borough Code 2.120 CDD DIRECTOR,BOB PEDERSON 486-9363 12 ederson(dkodiakak.us CODE ENFORCEMENT OFFICER,NEIL HORN 486-9364 nhorn(r4kodiaknk.es I?CDD.SECRETARY.SHEILA SMITH 486-9363 ssmithakocliaknk.us 6 COMMUNITY DEVELOPMENT DEPARTMENT 1710 MILL BAY ROAD ROOM 205 KODIAK,AK 99615 Revision Date:12/8/2014 Revised by.am Declaring a Seat on the Parks and Recreation Committee Vacan... Page 55 of 78 AGENDA ITEM #17.A.1. FIRE PROTECTION DISIRICF N0,1 BOARD REGULAR MEETING NOVEMBER 2$,,2014 6:06 p.m. RECEIVED- H BAYSIDE FIRE:HALL I.CALL TO ORDER PE! 1.2' "'rg14 ,CHAIRNELSON called the regalia--meetingtoorder qt.6:06 PM ;noaoumtctetacsorrI 2.ROLL CALL' - Board'Memberc present wire Richard.Carstens,ChairRebeccn Nelson,Seen Arndt, Jim'Pickett, Kuela Pickett and Ste Officio Member Bob Hinies. Also present were Doug Mothers, mike Do1ph, •Cha-G15,golich, Wayne Abauscicinao, Paul Vait• Dyke, Jason Waggoner, Borough. ErecutiveAssistant.Lauri Y./hidden. Borough Manager Bud Cassidy and.Secretary Jenny Cloy., 3.ACCEPTANCE/APPROVAL-OC AGENDA ARNDT moved lo,accept and.approve the agenda for November 2,5,2014: VOICE VOTE ON MOTION CARRIED UNANIMOUSLY: 4,i4 CKNOWLEOGR RECEIPT OF FINANCIAL REPORT ARNDT moved to apprOve:the receipt of the Financial Report: VOICE VOTE ON MOTION CARRIED UNANIMOUSLY: 5.APPROVAL OF MINUTES CARSTENS moved to approve•lhe minutes of November 5,2011.. VOICE VOTE ON MOTION CARRIED UNANIiv1OOSIA 6.CHAIR REPORT Nbne 7.STAFF-REPORT None 8:ACTION ITEMS A.Formal Pracess of Fire ChierApplicbtions, CARSTENS lormaliy'upeoe-d the process far Fire Chief Applications:. .Pint:P,'oieedoit Area No. 1,6oard.I dgulai Meeting +Novcrnher 2.1,2614. PagWl nf3 Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 56 of 78 AGENDA ITEM #17.A.1. Wttiddnn,Staled'there iveere aiverity three applications received Tor review, She.'discussed die :formal,process to"the hoard including conflicts of interest: open meetings act. rtiting process, tiilervieus iind,recommend:ilioils to the inimager h'v the board,,Preference would be.made for Kodiak Appl icnnls. :Choir,Nelson asked boatd,memhers if they had.a conflict nf, intere6r "dtie o tinttltci l,ga ti', .I. 6 Pickett stated that he Was an appiie:nt and K: Pickett was his spouse, The Picketts askedto be I formallyakfcrogvedi fromhthe proceSs. Chair _Nelson excused the Picketts firms Cite,'p1O'tss-of reviewing the applienrus:.The;boacd members agreed. The board discussed including three outer representatives in Ihe,process of rating the applicants along with the three board• ien-Mem The lb tie people discussed were.Doug Mathers, the in- house'repretentative, Mike Dolph, and Jeffdinicmnb for the our-side represenintives" :The hoard agtced to accept (hese thrce.people to rale the applicants along with the board. A dicri cslou between the hoard and guests:ensued.• ARNDT moved to 'add,Doug Mather, Mike Dolph and Jeff Holcomb to a raling•coinminee to review the applications. ROLL CALL VOTE ON MOTION CARRIED 3 TO O. "'/.;Visitors'conunents Wiryne'Abausslentun coniutenied that cerllfic:iticntslisted:in ate"Class'Specificntions":seeined insufficient for the Fife Chief Position• :Laurie Whiddon/Chief;Flintes explained that tie Certifications arc part of•the compensation study adopted by the Kodiakdsland Burougb: Jim Pickett thanked.Lauric'Whiddon for till her'hard.work, 10.•Ruard Ctimrneuls Chief Hines =34 days,lefi S:Arndt=None. R: Carstens = Warned'io knovi the lime frame cit riling the apptictiiians: tie hopcd',that the selected individuals.c:hosen+to rate tile'appticnnts would'duit,expeditiously So that the process could move forward,"Considering thai .Soon there would be.no Chief he would like to discuss a plan at the uexameeting. R.,Nels`on_Wotild like CO see the ratings completed by the December 2, 2014-Talked abort the .dangers of sociahmedia., Fire Proicriion Ann Nri, I:birnnl Rcoular Mectiiig Nnvemller 25, 2011 Rage 2 of 3' Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 57 of 78 AGENDA ITEM #17.A.1. 1.1. NEXT,MEETING SCHEDULE' The'next.rrteetiit was rentatively scheduled for December 9,2014 at 6:05 p_M 12.ADJOURNMENT ARNDT maved'to hdjourn the meUing. VOICE VOTE,ON MOTION CARRIED UNANIMOUSLY: The meeting:udjdumed al 6:55 p.m: 'SUBMITTED BY: *,1'.0 & l Dale: -1.4/41�5� Iennv CJay;Ooard'Scektgry KIB Engineeriag/FaciIiiics Depanment AppROVED SY:' 14 C ://y Date: l� 14. 1 Chair Rebecca Nelson Fire prmectipn Area Nati Hontd Regally Meeting November 25,2014 Page 3,n1'i Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 58 of 78 AGENDA ITEM #17.A.1. _ - : REc ENE& Kodiak 'eland Borough. ' Planning & ZoniAg toniniigSig- • Ifisors aye A; !, Minutes FIPB.Ptatp.r.:ALAB" bomber 1.2014 •830pm In Assemin Chambers CALLtO oRDEä Cl-U1/20 TORRES Caned to order'the October'1. 2014. Code Update p0616,i meeting cit the Planning and 7oning Commission 6;30.p,nit PLEDGE OF ALLEGIANCE VICB;CH#IR TgiRBES'led iliepledge of allegiance, ROLL GALL. CorriniaSienersefesent Werealan toffee, Kathy Dtabek;dentilfet RIEhoreels, Maria Painter, Scott Arndt(late). and Pet OiSerclE)scused was Alan Schmitt Community Develcifirrieht Depot-rient staff present wasbirettorsbbpedersbn,Jack'14,haer, Martin Lydick.arid Jenthi Clay(tar Sheila Smith), COMMISSIONERpmarcmcreED to excuse Alan Schmitt VOICE tio-ft.ON MOTION OARRIEO,LINANIMOUSLY CITIZEN COMMENTS None PUBLIC HEARINGS coy miss powR PALNTER MOVED to extend public corarnent from S Minutiae to 5 minutes far Titles 101,17, &18•: COMMISSIONER ARNOTientived, qop.i0ALL•VOic ONIVIO?ION CARRIED UNANIMOUSLY COMMISSIONER DRA9IC MOVED.to combine the coMments tor Titles 16 Vi, & 18 so as folks that can't maker meeting Could represent their poncenia. Lf‘CALL"VOTEONM0770N pa RRIED UNANIMOUSLY A), dase-,Update Of KIBC Title 18-Sulidevislons, Title 17-Zoning, &Tittele-Barciubh Real ,Pn?poity.•Requett`a leview of Se recommendations for athendmente to thdLiorough Cpde. The applicant is the Kodialt Island Borough and'the agent is cOrnrniirilti DeVelOPMent Department. Director Pederson stated tonight ja the first step In the next aspect:to this;project_The, commission has workedon these a little crwar a year arid has held 29 publicwOrk'sessions.The purpose of tonight's-meeting fa tie gel public input an the draftcedes, COMMISSIONER ARNDT MOVED to advance Titlest16, 17, and 18 With a feceinineridallen to the AsSembly foi-pasSing. COWAISSIONEftPAINTER requested that Pederson cite the,inspection process in the current Title 17,because it would help folks to undelitand iris the Sanie,es prdposed: 'Pederion stated in the!existing code its 17210.020,Adininistrative Inspectiona and Its in Chapter 210 that deals With enfarCistrient penalties and reatedlea arid In thePropcsed code Its 10R/2614 PiiSpecial Mieting.Minutes Page 1 of 7 Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 59 of 78 AGENDA ITEM #17.A.1. Section 17.40.040.J On pace 14 of the draft code In line 515: Pederson stated the borough has' never:went to•caurt to get a search warrant, usually we work with the property.owner if there's a complaint filed and Weare investigating atpossible Violation. CHAIR TORRES stated it's not only been the twenty=nine rneetings that the commission has .had„this process has been in place for tour years. now. It started with the Project Advisory Committee who had nineteen public meetings,,and Maria Painter, before she was appointed'to the coinmissio_n; attended almost every one of those meetings,This hasbeen a rinxxess that's been'in place and working for several years trying to workthfnugha lot of issues. Pederson stated in 2008 the borough adopted the new Cump'Plan and according to,Aleska :State Statutesyou are supposed to periodically update your plan and review those documents and modify as necessary; It.was in 2010 when the:Assembly'appohrted the Piojact Advisory Committee after the consultentwas hired.Me the nineteen PAC•meetings they signed off on it in July 2013 and itwasdransmitted to the commission who etched working on it In July 2013. COMMISSIONER.RICHCREEK wanted to clarify the structure of today's meeting•stating we've moved to forwird tr se draft codes, but,if we can have en overview of whether were going to hear from the public and then..take those cnmments.from the public and.have opportunities to amend,the drags, and if you can give guidance.oi whatthat structure is that's rendering the more formal process rather.than the Work'sessions where We just verbally, hashed it out, She requosled.an'overviow of tod iy's meeting.. CHAIR TORR,ES said When we open the public hearing and with' the permission- or the cornnrtisslon he'd like to leive the public hea'r'ings open thflugli the meeting and not close them,: net take any actions untilwe've heard all public comments n this, Torres stated,he•U like to hear all comments before changes are made, Director Pederson stated because we(et the public know (hal we wanted to focus on titles 16' arid 18 tonight, bob Sahotae. borough.Resour'ce'Management•&keer, is here Ie.answe' any questions about The IS, Close regular meeting.E open public hearing for Titles,10.17, &18 Dennis Symmons thanked the conirnission ar'd staled that,the ceinmissionWs•stipend doesn't even cover a babysitter. There a distinct difference between paid gov`emment officials and not pailill hes not/mistaken, Title 1.7 giwesibaroagh shaft permission to conte note properties. He doesn't think any government entity including troopers, police or anyone without More submitted permission has a right to do that ever in the future; past, or present in the United States of America. He.thInks It's bizarre ane a blatant disregard for deliberated people of this country; and he thinks it's asking for trouble bile serious atep beyond the lens cf the land.tHeisri t finished With Titles 16 ON 18 yet Out he does know there will be hank accounts drained. We are heavily taxed here, there's a tax bond corning for,$10'million. He will-be�back to.speak roeraonce ties finished reading it, Todd Hiner slated N's our rightas property owner's to4tncrw•what you are up to at atl limes. Be transparent, work with Die people to come up with solution;that are double, break.ltifrrgs down for-tie communities so they rare speay.•to each one ineividuallY- tie yreW up in Kodiak and wit' spend the rest of his life here. He owns several properties,owns two businesses,-and has'five kids'with families and working.We re going to be here when a lottof you leave, make decisions for the good of this community,.You were elected to serve;the people,not to stay nn the agenda that the last assembly members ware trying to push on us, Work at staying within the budget like the rest of us haveto, don't pay hired outside firms$500,000 to tell us how to run our island and masses up like the lower 48 Werk wfhin-ourmeans. ',Pau Want la have borough cops come into out house without warrants and Oren fine us $1000.per day, then take. our. homes away when they can't.pay..Now many homeowiters can afford'lhat7,Everythipg.abouttTitl 1,7 is abeut 4111112.014 R&Z-SpeciatMeeting'Minutes. Page 2of7 Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 60 of 78 AGENDA ITEM #17.A.1. feeszand mere meney;forkhe borough, There is a fee for everything we do now.:Dont force ipeopie and faMilie6inut of'14od&ak. Give more time for the commisstun lo.gc.over this before if ptoves' oil Helpmake,I(octiab2 an,affi rdable island to live en. Be transparent, work with the community;and listen to leen. Dana Carrel slated he'd Tike someone to.explain why you are even doing,this iWhat was wrong with the exsting'code and why have youm gone to a three yearprocess to come up with a new code.Please explain tvhat°s,iliffernt ?grape lest one. Why is it necessary. Canoe staled that Director P„tirderSoni read from the existing Title 17 the part abpufgeing ph people's property„is really'verbatim in the drafl coda,Why and what a nutsshell?' • ` Mel' Stephens,stated' he 'has two suggestions about process: one is related to what his gentleman'before him said, woaf Stephens would'lik to sue'is this proposed code taken and The weirdos placed rn prleof three-different categories. this Iat?guage Is cohy;efefy Ravi/ in one font,=this fenguage rs ve fiatim fam the exisung"•cnde in a different font, and this section has ,sot ie`darzgurige'1mm'the asisting ride,and`sane from the .draft in a third ford. lephons requested i'nis some time ago informally and it was never done but oie bf the things that has kept+him from.going all through this is because-he hesicaily„tics to read both dudes to try to figure out what you'fe,doin g. Wtri the wardProcessingcapabilities now you-actually canishoW what'is absolutely new;.whet's not new,:ani what been changed-Along with that,if that had beendone rnztvbe cornaior thoYnisundcisiandings about the,knock and I have reaecri ta'believe that Clare's a violallon here can I came on your, property pioblern may have Went away. The second suggestion is we have a zoning map of the existing zcning, tie'd,lIke to see the same zoning reap showing which,parcels are.going to.change In zoning ai'id hylhat he means either the designation of the,inning or have the same designation but that designation materially changes in what can'be done on your property srthat I the property owner,can look and say they:Changed something about the Zoning'of,thy property; ,maybe I should.go, look at,this, maybe Its impcirtant,tO m e because it is ano,isit't tfue that this:code'if adopted will,speek only going; fciward: There's a lot of work fot attorneys onnonconforming Uses and'what Is nnnconForrhing.dfhe owns,aildt the code doer apply to ic'.going forward.You may riot be able lo make me take-,my slaughter house off my property if it was properly zoned ito begin wtli : Neveitneless a:Map that would allure,/people to see theierare no material changes lh'llle zollillg rib rriy,pUopeity .1 thefe are Wooed lie Very:iteiptoi. Debbie Retiorstated Tilte 17.140-.17.220, Her concern isil's changing downtown business and designations and it shows vehicle repair is prohibited as.well as major vehicle-repair and aura bony shops..That's what she has been doing,there Since 6T.is that just Itiiiown in,did he walk around ti see'what IC presently available,; what is aauellYr happenitig, and do we need to Change itt,She's,worked very;hard at reading this and this is'all she's been able to decipher and Jlial's been one of herbiggesi problems with it, tt:OMMISSI NER PAINTER said io Refior that on that citing Painterskit has;problems still and there are documents-So thickfar each and It's liery confusing. Painter'has attended atniest all,of the PAC meetings now as a conirrlissioiter and it's<star very,difficult, Inc`citing you gaJey'vas•really,brradi CHAIR TORRCS•said it's the use chart for existing uses,on page 51- RPiarsakI there'are a lot 61specifirs-aind'it scares tier: Rick Ellingeon stated he Was blindsided by the rural,development gelling zoned'Conservatton, He spends about ten to ele'v'en moilthe Of the year be the south end of the island: He bought his' land in 03'iand he had it iezoried in 87'for 88'so we could de whatliad already been deneion the land.'We'yeexpanded our operation from a setnet site to farming and oilier things.Giving the rurala way toparticipate in the public hearing would ne wonderful. If you Can'give 1p1.1(.g1A P?,Z Special Meelkig,Mihutes Pagaaof.? Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 61 of 78 AGENDA ITEM #17.A.1. advance notice;of the iopits'fPr discussion ahead of time would elan bar helpful se he doesn't :have to rhalae,extra trips intodown. CHAIR'TORF ES ekpiained that the Public head ng.natice that was maited ou'gives the dates of ruture scheduled'meetings and their suggestedtitles:We are taking comments on all bites bit) we are.focirsing on Titles 16 and 18 right now;. COMMISSIONER PAINTER'stated-wlien you have an important issue to not'nnlyaddress staff but also address the canrnisston in yoic liicicsrg and also include the,asscnjbly to ensure everyone ries a copy of iOurcomments Mat We can-refer to end theist'il'spublicrecord' 17aha Cars said,concerning the property in the Chiniakarea by Roselyn Bach,'the World Peace Training Center(used to be the wineryj,property has always been used;going back to,it being.a sawmilr,and+lodging for the sawmill, its;always been a'commerc al use. There•al'e, several.hi'uses there and we'd like tokeep it"viable-and-In order to do that we have to bring In income fromit.'He Ihlnks II:hbuldrbe put back to conirnercial use. Alexandra Ardinger stated the draft titles are very concerning andshe heard that we may,rave to get an engineer to go through everything that we want to fiat when it comes to small home improvements or or Our store If me'or an one else has td Shue an engineer .when people already have a hard-kms affording those things she doesn;I.know"how'people will keep up with their"homes.or"businesses: She requested the commission'have more nine to wo*.on this before it,moves forward. R.e4rOswa;t stated his.wish is that the PBZ Commissionwii[ad spend more time,oh planning than on z tying,.We hrdVe a situatiOnc where there's no new properties opened'up and.there's ovcrB00 acres of land'ahove here that could be opened up:.With the situation he's:and all the things that you are adding.you are killing the engine that has run Kodiak and that's"ttie young people thatcome in'hera.and are,able.to get.a piece of land,-live_on that land as'soon as they gel it, arid continue on:Wave had areas out here in Monashka pay and tliots 110w they were 'settled.Those areas are generating a forge tax,Fund.We`re in the situation where our tai es are no lunger stable; the borough needs more money.an7d.goes.out fa reassess. Thars.wtlat is taking .place 'because there isn'I .any new lard opened up;for SSeveral",years.. There's a subdivision up here chat was,put together in 1@82 at the and of•Von bcrieele Held lila to see the comrnission do some planninginstead at al) this zoning, rehashing fhb code, He,doesn'I think, (here's been anyone killed in a 'house.by it falling sdown There is some`interesting situations,whenOswalt was.running the sawmill there was a'man who came'in to'buy;31boards, as soon as he Old for them'he said 'these are the las' board's i'ih'going to:buy.Tram you because hewes.going to go hometo nail up these last 3 boards end then he's done With his hoUse,As you Well Know the bank doesn't oWn anything because it.wouldn:tgive me anymoney rebuild it,With.' That house has been Sold at least 4 different limes since-Oswalt has)been out there-and�the valuation hasprobablyiripled or quadrupled from when it was started. This•is what the.Plarining'and Zoning Commission'should be doing and'that is planning.,quit the zoning,we have too many things that we have to try'.to comply with and mine are sUnpl e-You're talking abaft Viking a Philadelphia',lawyer to get this dare-and then to have someone come out do the(inaudible). YOU are making a job(dr someone else and you're not helping anybody who con-tee into this town. - Judi kidder staled a number yoars ago when she worked with the- Liars Club on the Bus, Shelter Program one thing'that became very'evident in some df she planning With trio roads with the zero'lot Ines In,Kodiak emelt-talc brnsalbaek to what„Oswalt said abotir planning-School buses are stopping indangerous intersections because there'snowhere for it to safely pull over; 'Alt k's-going to take is for someone to blow by the bus for:home kid to:get hurt'The planning `side of things is'really important and it's'Important tot rke into account the consequences of the decisions youmake. Shes'seen a tot of'gung ho, letlSget this donerand failaut hi the other Ml. 10/112014 ,P&'Special Meeting°Minutes Page n of Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 62 of 78 AGENDA ITEM #17.A.1. The sludge %% hg"out in Middle Bay Is a classic example: She's very interesieii in like.'18- Berough Lands. Kodak Clearnip goes but and dues a lot of.cleanups id public spaces and they try to gel the public involrveddzecause ifs a safety issue they want a place to recreate. Things. are:corrlyd up on`her P300 about ease!ntents for public access to'beaches that privateresidents have blocked ott,•They'ye evvenlbinrsed off:pedestrian access to a certain beach and the owucn scare's the kids away--There's,a development going on in Woodland.Acres where they have Jumped the gun on permits,etc. Public access to public lands and`designated uses, conflict In uses ',you designate spaces. There was an issue at island Late with ice skaters and snow mobiles,"etc.that was a;big:conflict. It you take thetient to:plan and designate uses for (he different user groups on public lands you'll have less conflicts; less'issuos; and things will run smoothly, Instead of taking things away and telling people what they can't do then they are just 'cluing to go tear something op illegally but it you give thein a designated use you'll find a lot of the issues associated the Illegal use will go away. Kevin Arndt stated that he's probably,done tenor twelve subdivisions that have flatlets. He kricws all the property Thor s not subdivided on Spruce Cape, to subdivide it Under'these new rutes With'a 3t) foot Wide sem only will turn them froth 4 lots to 3 lots. they will be bigger lots. but they Will,co t a lot.more money.Arndt feels(hat,l youare able to keep the flags together at 2p teet is the only way you,can`do it. He realizes there are issues with some people down the linethat have these lots that•have a problem with°ercP4s because they have a problem with their neighbor anti he doesn't think,it has anything to do with the access;.you've got 40 feat with a common,flag through the'stem. We put 1 road in that's apliroXbrnately 18 feet t'4ck and it. accommodates everybod`)and 4 they want to add to,it.and put packing on it they do; He hasn't heard of anyone that he's sold,ta thethas;had an issue but it's probably other people down the line As"a subdivider he's,totally in favor of going with 20 fool,'wide if they are common and 30 feet if they're not.Anti! lives on a fla0tot and the last 2 placeslhe's lived were flaglots and he likes them because you are back off the road: Arndt sees there aft: 4 options ter downtown parking, downtown seemsito be a problem anytime someone wants to go with on-street parking. He has several properties downtown and all of them have a porkingL issue. They will all go away with option 3:He was planning to bring befon.,you an on-street parking far one of our properties but now we aren't going to at This point VVe wanhlo see whore this ends up. IS there's a problem it can be clown in the Industrial area when you have 80 10 100 canes!),workers all tying (a net to work and a place to park: One of his Sh'efikof properties there`s really riot a time when you catn't:find e parking spat , whether it's en someone elsels pro;,o rty,•on the street; or down the toad.=He reiterated that he's in favor'or Option 3.Mr 'Stevens request for comparisons from old to new code and color ceded is.net aro( to ask for to get this code put to whets you can tell whkks being Changed and what isn't:this tstrajar, Michelle St.tCtair stated She is opposed to the change from PP to f?F1 mostly due to lot Se arid some oo_f the conditional rises es well.The reason ate,moved to the area was for the lot ssize_ and the number of homes: - r,stated,that Chniriak Residential,2 and-Chinialt.Resfctentral 5, is that tat size7;It says while matftiining the Inw density residential use as the primary use of these-areas the•now districts also allow limited commercial uses with focus on serving the recreationaldourisnl industry,.the new districts also allow each district to be 1Bored to the characteristics of each area over time. Aloxandra Ardingar stated onthe new provisions for accessory dwelling units, it S \/5 Ii the current Code that AOLI's are allcwed"and in the new code it-says,they:Won't be allowed. Judi Kidder stated that Kevin Arndt was talking about parking on Shelikof Street, again with planning there's an idea Haat silo had to develop an off-site parking lot:for canneries O!z"5helikof so they could dodt6;e a puffin ride system. (Inaudible) using sudcessfullytrsing the vans to move their ernployee; hackand forth to alleviate some et the Parking,'4f you work towards 4taving tbhll201t4 'P82.Special Meeting Minute=_ 'page'5 of Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 63 of 78 AGENDA ITEM #17.A.1. even an undevelopedlot where the workers could park:and canneries cduldirun shuttle busS to fa a some of the,pressure cid and maybe eliinlnate seine requirements for having Sn many perki 119 spaces!etre up their.lots: Jake Itartley ,stated in Title M1•7, you Made a comment about being able to,come onto my property:wlth reasonable cause:What would tee reasonable cause?Also,you said with the way It's-written that you 'can:just ya get the warrant, that you didn't have to apiroacli the homeowner.'Hartley Stated he is opposed to lhis:, Toddlt l iner..asked if there are any'fines as far as the horneowner if they don't comply: 7amtrs,Selker stated he bough) land that's federally patented and it stoles in there what he can use hit. anti for. How does your'regulationsgoine to affect his land..Do you override the federal govemment? it states on 'the.patent that it Care be used forcorrirnorcial'mining,'curnmernial� fishing;'basically whateyeiyie need to'use It for but he needs to know'howdo we move(onward iii the fulure'arkt slay'wilhin our federahgiven rights and the borough rights. Alexandra.Ardingr r wanted to know why ar'eni we hyeeking the existing codes,and why are we spending all tar's money,to send someone hereto find these problems when we could just[meek what we have. It is.to the point Where no ane can tirine'retand thins O0lTipley, nY ct so muctl to it. CHAIR TORRE'S stated this public hearing will be continued,at the Oioher 22, 2014 spedal .meeting.OLD BUSINESS None 'NEW Bl1SINESS None . . COMMUNICATIONS' None 'REPORTS ti.°Meeting'Scheuule; o- O$iober'Rs2014 Work'Session-6 3o p:n1.`iri the KIES Conference room. October 15, 2014 Regular tvteeting-i3 30 pap. in the Asserhbly Chalrlbers! • October22,2014 Coda Update Special Public'Hearingl3.'30 pm.-AsseilblyChambers vi October 2p,2014 Cote Updala,Special PublieiHeating4:'10 p.rn;=Assembly Chambers November 5,2014 Code Update Special'Public Hearing-6'30 p,ni:=Assembly Chambers VOICE VOTE ON MOTION ST.4FF.COMMENTS r COMMISSIDNER COMMENTS[ Alan Torres-stated if there are still more contrnenlg-coming iri then we will schedule more public hearings .Jennifer, f?ichcreet. asked: when 'does the .commission. have :rhe" opportunity to suffer. aniendmertts.`She also!flanked the,public fur,partipipating. Alan Tories answered stating when the pribl1Cneari_ngs,ere cldsed.andwe go into;discussion. (Kathy 0rabelt thanked therpublic forparlietpatingl. 'Pat:Olsen also thankedythe public-1(4 participating. /0/112014 ,P8,Z:SpecieiiMeeting Minutes rage,6 UI 7 Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 64 of 78 AGENDA ITEM #17.A.1. Maria Painter thankeittit public hit partidipating and io write_down and submit comments: Alan Toires.wanted to emphasize again his appreciation for the ;welt bomingout.and making comments,an INS, 11'9 a paid task to do without it and with public conimentwe can come up with a productthat's User friendly. ADJOURNMENT COMMISSIONER ARNDT MOVED to adjourn. .VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES'adjeumed therneefng,at8;&l p,m. .KODIAK ISLAND BOROUGH PLANNIN ANDIONNIING CCOO{MMMlS�SION By, not_ : —�—r eC Y AlanSchmitt:vice Chair ,ATTEST -^—'"'-1 '4 Off .1•011 (1. • _. Shelia;smith, Community Development Department APPROVED; December 17;2014 •10/7/2014. P&Z Speciai Meeting Minute; Page t at 1 Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 65 of 78 AGENDA ITEM #17.A.1. . RECEIVED' ' Kodiakislarid,Borough , Planning Zoning- Ctimmissio, DGS +2 2 2014' 'Code 'Update Speci+al�Public,Hear ng Minutes ao9 cmpicsoFFIGE -. KODIAK.ALASKA _--\15. •October22%2014 _ _ _ - ___•6:30p.rri.MimeAssembly.Chambers . CALL•SO ORDER COMMISSIONER DRABEK called to order the October22, 2014 special meeting of the Planning and Zoning Commission•at6:30 p.m.. PLEDGE OP ALLEGIANCE COMMISSIONER DRABEKIed the pledge orallegiance ROLL CALL Requested excusal were-Pat Olsen and.Alan Schmitt. Commissioners present were KathyDrabok; Jennifer Richcreek, Maria Paintet, and ScottAmdt.. Excused were Pat Olsen and Atari;Schmitt A 4uorurn'was established:. COMMISSIONER ARNDT MOVED to excuse PatOlseil and.Alan Schmitt VOICE VOTE ON MOTION CARRIEDUNANIMOUSLY Cornmun'ItyDevelapnient Department staff present wes'DirectorPederson;'Martin Lydick,Sheila SrYiilh, and Jack Maker. APPROVAL OF AGENDA COMMISSIONER ARNDT stated he'd like to extend public comment tern 3 Minutes to 5.minutes ferTitles 18.17,:&18,and he'd like to combinethe comm18 ents for Tllles 16;17,& for folks'who Can't.attendall meetings couldrepresent ttteiri:oncems. COMMISSIONER ARNDT MOVED le approve 'the October 22; 2014 Planning & Zoning Cominlsslan Special Meeting agenda as amended: - VOICE VOTE-ON MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None PUBLIC HEARINGS Continued from the October it 2014 Special Meeting .A) Case: Update of KIBC rifles i6 (Subdivisions), 17-Zoning, & 18-Barough Real-Property. Requeet'a review of the recommendations for amendments to Title 16,Title 17,and Thiele Of the Borough code, The applicant is the Kodiak Island Borough and the agent,Is,ihe ;Community Development Cepartment The location is boorough-wide and zoning varies. Director Pederson;stated this is the second of four.scheduled public hearings'on the'Code Update. The third hearing is scheduledaor.next Wedneiday, October 20 at 6.30 p;m. in these chambers and the 46 meeting-is For November 5t.et 6;30 p.lrt. In these'chambers.There,is.a link oh the website to email comments In, We did distributee packet of ccmments'with'theletters,and amens that we received.through fist Friday and we'll be doing anotherdistribution of those this Friday and similarly the following-week, At the staff level,;we are working on asupplernentalstaff repast,listing 10/2Z/2014 00-Minutes Nagel df9: Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 66 of 78 AGENDA ITEM #17.A.1. oll'the issues that have been;hrought up There are three issues that has the most input; the prunosal to combine the RD,Zoning'Distrirt melding the RR Zoning District into the RR1 Zoning Districtwhich M.the sohdivision,onWoodtand Drive,and timber harvosting, The mann on the floor froth theoctobsr,t,:2014'Special Code Update Special Meeting is COMMISSIONER ARWDT MO_ VEO tc advance Titles 16, 17, & 10 to the Assembly for passing, The'Public hearing was still o?en for'conlinuing public comment and public tcilirnony time was extended ta'five•minUtes: Dick Rohrer slated his cencerns aro with the RD and Conservation Zoning Districts. He owns three remote'parcels mat encompass the'National'Vviidlile lands thatwern patented.around 1507 and made available;by the Tnhlium.Corporation a number of.years.ago. Rohrer was able to'purchase three parcels;* of the parcels are in the east ann of Uganik'eay_ He has the guide camp that Was devatoped by the Madsen family:Two of the cabins he uses still were built in 1036. There is one cabin that wasbuil ii 1976,.In 1993 we cane tip with the RD Zoning District iConsegltently he has one tot zoned RD and the permitted use is Up to fifteen clients. It Rural Development goes away and that parcel becomes Conservation his permitted use goes from fifteen clients,to six clients;This isn't acceptable, How would you like for someone lo come and take that much away from what you already own. Mr_ Pederson pointed cut thatat the time That Rural Development Zoning District came about there''were a number of us Who were able to buy these smatter parcels Who thought they wanted to be in;the guide business someday so they rezoned. 'HOhrer was successful at reionlng:the'ane.parcel Theother parcel that houses the primary guide business had to go through a land exchange with the federal government, which took,five years. During that lime;the Assembly put it ari'hold and everyone forgot about Rural Development Until this,oaine dlong.,7he committee and consultant tint was hired le do this code rewrite, a letter dated January J0,.2012 recommended to keep Rural Development, and the recommendation was to allow the existing numbers and they also recommended reducing Me size frond five acres to three acres, That came.out.of the Iwo years of committee working on it.Somehow that went away and he was surprised of the change. He understands he can apply for a conditional use.;He understands the potentia-for whin lie wants to do something there's going to people opposed to it. He's seen people in your position vote net en the merits but on the public comment. Its his livelihood:that's severely impacted by this.,.Rohrer"said ne has no.problem'if we do away with.RD and make it Eonservaticn if we stick with 15 people permitted like we have in RD now or keep it the way it is,1t 'Would only be fore sroell ntirnber of parcels outside of riatrtJe.co'rpor'aliori Iaiids, Peter Soskosky Stated he's an attorney and shareholder for Afognak Native Corporation. Afagnak has submitted'comments on the proposed Title 16 .in the past and .they will .submit further continents elaborating On (belt iecommerdations to the commission, Afognak requests that the minimum lot .size in Conservation' he (reduced farm five acres to 20,000 sq. feet. Afognak recommended Written revlsinns to bran Tltte 16, it Will reconcile the language used in;the current proposed amendments with federal law and provide further clarity far ail Interested parties.'Due to the direct conflict between the borough's minimum size of five acres end the-diaximurh lot siia authorized under.the'Shareholder Homesite Provision'011ie,Alaska Native Claim Settlement Act, In ether words 1.14 acres. Afognak and other.similarly situated village corporations with ANCSA land On the Kodiak Arcltlpelago'have,been prevented from Implementing the federally authorized ShareholderHornesite•Progrern.Title I7-Ayagnak has submitted a number,of comments in written Form regarding Title 17, Regarding limber harvesting activity; Afognak asked the'cornmission to read our comments carefully and take'under advisement the seriousness of otrr;conccros and recornmendallons:The issues we raise within our written comment's are Plot gaing,away and'are only the beginning of the problems that may not have been anticipatedby the commission if the proposed arnendments.to Title 17 was perhaps a mistake or the issues we raised in our written comments were nut propeily identified we ask that,the commission reconsider.and make ii reasonabled@comniendationr to the assembly. Because the commission cannot make a good'faith 10/221/2014 *P rZ,Minutes Page.2 tit 9F Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 67 of 78 AGENDA ITEM #17.A.1. recommendation with the proposed ar'nertdtherds to Title 17;as,currently written. Also for the record,'due to the Alaska Native-Federation Convention held in Anchorage this week please do not infer from a thin crowd that Alaska Native-Corporations do nottake this issue seriously. There would beotherehere today but were called away with.respect to their duties to'AFN.The timing of today's meeting is not great because ell the pieparation,•attendance, and debriefing associated With AFN. Additional cornrnents will be introduced through Afognak staff and its shareholders during The next public:hearings. Ah gnekwould like to highlight that Afognak,load targeted under these proposed regulations Is remote and mostly unconnected With the rest of the'borough, A substantial portion'of Magnesia lead is accessible only by host or plans,'Dig neighbors are the Stateand'other Alaska native corporallons.There are Federal and Slate laws that already,address liniliek activities on Alginate's ANCSA lands,At Oils point;,no legitimate reasonhas'been offered to support the reclassification of timber harvesting activities fur permitted use of right.to conditional use The proposed amendinents to Title 17 will create an undue hardship for Afognak any u substantial,change from theicurfent regulations which is the permitted use as a Matter of right; Such an injury and hardship may be measured as such Significant time and expense iroposeti on Afognak and isimilariy situated Alaska inative corparattons: The risk at duplicative and/or inconsistent decisions issued by the State Division of Forestry which has the-exclusive authority ter overseeing,logging operations on private land and expertise to provide oversight for logging operations. Based on the iinformatiOn Afognak has we believe the:borough does not have any unique expertise withinlhe area-or the authorityto regulate Alaska Native Settlement Claims Act land. Diminishmentof the right of seri:determination of Alaska native'corporetions under.ANC• A, in outer mints theright.to-manage.ANCSA land in accordance with traditional AlUtilq values and without interference from the State or local government Additional harm is,the poteniialloss of ANCSA land value in contravention with.Federal land and polity oerhaps,.takiggs All aspect of timber harvesting and reforestation are regulated under'Stale law spedrically the Forest Practices Act.,Oversignt for theenfofcemeht of State'law and protection`of land and`natural resources is vested•in the Division of i`-orestry. No additional administrative oversight is necessary or(inaudible) the'tufCttuninu of the extensive-and all encompassing scheme for limber harvesting. Under ANCSA Alaska native corporations lands are net subject tea form or taxation on predeveloprnent basis,.tn other words. undeveloped ANCSA land cannot be taxed by any government authcnty" including the borough.A.propose I conditionaluse fee which would be required'by predevelopment basisis.in e nature attacks on ANCSA protected lands.iThe recjassifration of timber harvesting ,activittesdie �asa use requiring a conditional use permit when,conducted on-private land'contained within a Conservation District would be.preempted under Federal tow as against Alaska Native Corporations under ANCSA and under the,Aleska IJational'Interests Lands Conservation Act.If necessary Afognak will seek court assistance to enjoin arty infringement of our private,property rights under ANCSA and ANILCA Taken together the faced suggest the decision to amend Title 17 La subjectAfognak andkother.Alaska native corporations to itninedlate fees and potential,fines in the event of non-compliance has no legitimate government purpose and is otherwise designed to Impermissibly target,Alaska native corporations and-ANCSA.land for purposes of generating revenue for.the'borough.. . h]+IE Crow stated*he. recently had the opportunity to be involved in. the ibrocess to request a variance for setback requirements. In that process he did research on the intentet and discovered that setback requirements in,some cases are being-viewed asunproductive_and tinnecessary.4te understands the reason for the setback requirements but they aren't articulated well in the eiasting code and they're not articulated in the proposed code. He suggested that the intent of those setbacksbe clearly articulated point Dy point so the landowners know if there is a need to use that setback space that.they can address those issues on a"case by case-paint by point position.. Somehow.thece setbacks have a life of their own, thete's some sacredground for somi reason:. He doesn't see the proposed'code addressing that. He reviewed Ino new code and compared it with the existing code and he,seen a lot of improvementsJIn rioing hia,researdhop thisissue there are many websites that talk about using those setbacks .that the existing -code requirement 10/222/2019- ti&$Miuutcs Page.3 ill Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 68 of 78 AGENDA ITEM #17A1. arbitranly,rrequire these large setback are.a3 that Direct urban sprawl„ they are directing the Inefficient use Df land in some Cases;and many modem con iMunity planners,are using these areas more etliicienlly.,Another concern in the proposed code:wascookie cutter approach to the down south large conimendfes that have been developed over the;p3Et50 years or so With the strip malts arrd large, sprawling .oubdivisions with land.inefficfentty .utilized„ New community planners. are taking a look atthat. in one case''In Denver where they were developing a corrirnunily they had the oPPortunitY to develbp the whole eonrn1unity, they wanted on street perking to slow:traffic down rather then tfioraughfares where people were racing around in residential neighborhoods: They :were also encouraging'houses:to be too ,be built`utilizing some of these setback''spaces and reducing there:instead of arbitmnly cookie cutter development that sortie logic went into it. Kodiak lies the opportunity.to have a;tittle bit of personality and uniqueness in that would go away with,just •a these large radius,rntarsectiotis where you can look and'then race through and things like that,A firm train down south washired ti)just lake a tanned code and put it in place here in.Kodiak. We ,can do a Mite nigra.wo rk,lo-allow individual Property owner's a little fleiritiittty. Jenny Shank stated she apprepiates the Cuacrirssieti s rime and energy. She Spokeopposingthe rezone of Woodland Drive, Seabreeze Chide, and part of Sunset Drive from Rural.Residential to RR1 She said thay started building:their home in .1980 arid occupied it. in 1082. When they purclrastd the property in't%,e=late 70'z the Toning was.1 dwelling:per acre.At that time there was nc access to politic water and sewer, With the:availability tri water and seWer there wag,no choice Whether or not tb hook tip although all of us owners'had spent thousands of drillers digging wells and putting in septic systems. in 1989 the zoning changed from RR1 to RR,Property owners who wanted to-subdivide their,acre into 2:tots had to submit their application before the new RRzoning was'established,:We fought against that change bot it passed. Now as you ririve dawn Woodland .Drive you see same halt;acre lots frontingon the i"fad, sortie Pagiets,and,this'was not,the original ;intent of this subdivision plan. Regarding accessory dwelling units, no such thing was allowed Ti'rere is currently some property owners;breaking'the law keeping canners onits on their,properly `hooked up to electricity with,Windows installed, We thought they were just'lhere far'the building 'Material storage'during house.construction and another place Where a camper nes been occupied periodically,The.'original hanetttead owner of all of Woodland,Acres would be rolling over In her grave with what is proposed and,wwiiat akeady hes'happened, Please don't make it`wor .`We 'would Ike to keep,the'RR zoning Woodland ndve, Scaoreeze-Circto, and part of Stir-Set. Olive included in this ruzono is unique in itself;providing a rural setting on mostly acre lois Very closeto. down.in the Section 17 80 011 6 Description and.Purpose of this Code revision, No„i speaks to, Cenhancing,property values, She doesn't think enabling people to subdivide:40,000 square feet lots .into-two 20,000 square feet lots will enhance their property value.Allowing;properly owners to build art accessorydwelling unit either on a.40,000 square foot or a'20,000 square fedtiot In addition to their home will only,re6uh in higher.density population which was net the Original intent of,tri)s, subdivision Maybe part of-the original motivation for allowing,ADU's here was to increase the number of avallable iental units'in the borough,but she believes there are at present a'stifficient. number-of rental units available:ta meet the need. The lJS°Coast Guard-is 'in the"process of building a nuinbet' of neW housing units on the base and apparently it's pretty difficult for Coast Guardsmen to get permission to rive oil the base. In addition the new ADtt size allows for a 'rnakirnum of 650 square feet which potentially could be 25,k 26,+that's a pretty big space toiake up +in addition to a home, Regarding space:for extender) larnlly'to live, hemeowners would be better off leaking space In'their home or adding on to their home. We do not want propeify owners in the proposed rezone area to be able to subdivido or have an accessory dwelling unit The only reason that comes to mind for property owners in the proposed rezone area to be in savor of subdividing and/or buildingan`accessorry dwelling is nlnhey. Tfleee people were,aware-when they bought their praperly that they could not subdivide nor have an accessory dwelling unit to.rent.These options are both unacceptable to them.They are just trying to protect the invesinierit of their tile savings end aairdnys:ln fhaii homes. 'I t)/12j2014 P&'L Minutes, par 4nf9-; Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 69 of 78 AGENDA ITEM #17.A.1. Kathy Simpler stated their•home is in the VVoodland.Acres and currently.zoned RN and is being proposed to be changed\to•RR1 She spoke"opposing this,proposal. Thefirst page'or a memo dated.August 29, 7014 Item Robert-Pederson, Director addressed to the.Planning and Zoning Commission states that Title 17 ties not been co1-npfehensivetyupdated since the late1960's:That maybe true but in fad in'1989 there was a request put beforethe Assembly to change the area of Woodland Abres zoned RR1.atthe'time to be rezoned to RR: People living on Woodland Drive and S atiree:w Circle were unhappy with the subdividing that Was happening so close to themrand the neigiihoing streets on of Puffin Drive.The:proposed change Was rejected because they wanted to maintain the rural neighborhood, The assembly adopted an ordinance at their request only after the Community Developrnent.Deparlment al the time fourid•ihala iezone was necessary and just oerause it wins not substantially less consistent with`the Comp'Oen and the existing zoning (rani" isoa.;We agree with the findings in the memo addressed to the assembly"from the Community Development Department dated October "10 1989 under the•subject Ordinance 8932-9. Their findings state that a,rezone to RR was necessary and justbecause it.was not substantially less consistent with the Comp Plan than the existing zoning was suitable to the existing tots gi fan the existing lot sizes with placement of rstructures as well as the existing topography and coastal location and would riot adversely impact surrounding developments nor negatively impact.traffic in the area,iFurther findings frorn that repo l stele that the zoning change to RR wouldn'tniaintain the areas low density residential land usedi-erecter'through a traditional residential neighborhood:On January 4,-1990 the ordinance was passed and people have enjoyed living in our rural re idential heighbur1Yood since then,'Shotrld the current proposed teiurle pass It could eigniticently change the character of our neighborhood..'It is highly probable that ig trees will talcerdown to make room for structures which is the areas only buffer against the wind. The landscape will change and traffic will increase exponentially in our rural area. We enjoy.otri•rural lifestyle and privacy afforded us by living In this.neighborhpod. We know most of our neighbors dc!its.That pall of living in our area hasn't changed since 1000 and Even before, We're,also'di vappoinnted that,we were only asked of our ropinion on,malters,affecting our land_only'towards the end of.any,work being done dr'already discussedit would seem that it the Pt:rrmiri4•and Zoning Commission would be considering changing the codes affecting our neighborhood we Would receive notice at the beginning of the procwss t9 be ableto provirie"input,. Bill St.Clair stated who lives on Seabfeeze Chale stated he dbesn twant the area to be subdivided • either.'He thanked Ginny Shank and tie SS-Balers for all the research they've done.When he ownada house on Gull Drive he seen in 3 1Ayears the end of the street go from being wooded'to abrn8 forty-two houses when he sold his home. He moved'to this area Where lie thought he hid a beaUtirul yard and this wonderful place'to Itue for his k!ds to run down thestreet and play, and it tuntat into a racetrack. The road was paved after all'the'hurnes were put in and people drove crazy: He doesn't want to Se this happen in.the Seabreeze_Woodland Drive area: Ben Jackson also lives.on Seabresie birds stared his parents moved here in 1977 and•In the eighteen years beforehe left for college his family lived In about sixteen different home=that Were tightspades end quarters.'He went to college to make a,better future.and when returned to Kudiak because he loves it heje. They purchased their house on Seabreeze_ Circle because of its rural location.hl.wasn't rurelsenough'for him but almost too Dural for his wife:Il has afforded them a great' luxury which came at a price; it was more expensive thanthe areas on V'.'oortlanti Drive and homes they looked at in town. We paid..the extra money because,we knew the old adage oflocation, location, location"was true.'Him and,hie wife are womed about the potential changes to that area regarding traffic, noise, and privacy: Anyone in Alaska would,argue as pad`of the' Wonderful value that we'have as, residents of this flat state..He and his,wife has written comments regarding the possible rezoning of 80 parcels in the Se`abreeze Circle, Sunset Drive, and .Woodland Drive area from, BR to 'RR't: They understand this. action would,allow the subdivision of lots along this area. They are opposed to the rezone.He requested the,commission consider alternatives which do not directly affect rural properties: As a lifelong resident of Kodiak til/2272uik rP&Z.mmutes Rare of9 Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 70 of 78 AGENDA ITEM #17.A.1. he boughthishome intentignalty because,pfIodation and rural status of thou' properly and the size of-lots around'their property.The lack:of excessive traffic, the quiet. and privacy afforded them by their house in ifs current=zoning of RR came at a price. They fear in addition to the loss of these qualities afforded by lea-Ilion'and (tie tot sizes in this area there may exist the potential to-see,a dinilnlshed ,(}roperty: Value'to..thou •investment aria those of their ,neighbors. if this rezone is necessitated.by'a lack of lands error our'populate we ask that you ctimmit:to demonstrating where ,this need exists and what other,options such as,opening as yet undeveloped horough`lands have been considered in place of this action..It's_their understanding that the population of Kodiak!has�in fact diminished-but 'May'have changed recently. nut currently real estate sales. have 'slowed dramatically and there ia'Mi.a pressing,necessity for More homes.Also It may be stag_ regulation for local Planning;and Zoning Commfsston to propose :possible options far opening new land siitiply DS a Matter o(iegutaliun reconsideration. If this proposal is to meetregulations we whole heartily ask you•to r'ecansider pushing forward this proposal and•allow for the voices of the Maturity of the tlgrneowners affecttad to be heard:Jackson thanked the commission for all theirwadi. Nancy :Bell stated the owns a 'house •on Seabreeze Circle and she's against the rezbrie of Seabreeze Circle and Sunset Drive:She chose that property because of the land and she and her husband want to retire hare,They have,iived many places across the caw-gni/and what'they see is a'fa of peopletnnving into housing areas that arc dictated by rules and hunieowner assuciations, and once eopte move Into;the area they buck the system, They knew the rules when they bought the,property and yet They move In end then try to change the rules for self-serving reasons,'We all bought•property(fere because'we lova iha area and we love Kodiak. Her kids grew up in Kodiak and want ro come back.to live arid she doesn't want the Toning changed if it's someone S selfish reason or self-Served reasons. You nave to look beyond just more,people because then it creates mote traffic,-more needs;inthe:schools, are there enough teachers: When you start changing things and adding more people it creates a downfall for'it,e whole community She chose that area because they were-buying 1 1/3 acre. She ani her husband are-against'the rezoning. Mel Stephens stated it seems to him that the last few people.Who have Spoken are illustrating a very important puinhand they are concerned about a rezoning,of a particiaar area which'they live. You are re-writing the whole code and in the course ofit you aremaking very important substantive changes in the rights or Individual property owliers.'Under the existing code what would happen if you wanted to consider changing the zoning rights and requirements of a parficuler area that particulararea Would,be the subject of what Would eventually.beourne afro'iilinaice changing that. People froth that area would be notified about the borough thinking about changing the rules for your particular area came forward and•let's talk. Here You are doing this with a broad brush:tor the entire borough all al once::Stephens,does not think its efficient way to de It, its hot a proper Way to do it although legally you cart change the'codeimi theiwey Which you are doing it,"you've get people:here tDnkght Who have taken the'trouble to look at.this code arid say it does affect their rights..He would bet most.people here tonight stopped reading after they read the code revisions relating to lust their provision, and he'd bet there are lot of people who haven't road this at all but will he very mad when this,goes.through.They will be'told why weren't you here talking when we were thinkingabout changing'-the rode, He thinks this is just too broad a broth. He thinks you should not take itas a given that this is going to the Assembly but you"consider postponing lndelinile'ly.further work on:thesti cede revisions: tephens has practiced law here for lhilty:fve years and he thinks he knowsborough code as well as•tha nextpe'son.Fromjhis perspective the existing.zoning,subdivision, and platting,orovistons ot'the code while not perfecl•are certainly adequate for this particular community: We are not a roina:1010y lke'Wasilta;Where Population is groWing leaps end-bounds. Between'2000 and 2010 our population actually Went down and has stagnated,Thaltrenioves most:'of the legitimate,justification for a complete code rewrite, In tenns of process he'would ask the commissionto show us what is being changed in the code and if you dont know what is being changed then you cannot expect comments from the publiciat large Which codaiitty point oul'what shculd'orshculdn't be changed 'What he's talking anew is•ehanges hero 11'/z2 • . f P&Zttliroutes hake 0'19 Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 71 of 78 AGENDA ITEM #17.A.1. the Code as it axisl:a now:.He-thought that was.whal was being,done when he read the staff memo that said there are two versions of Title 17, the first being.a clean dopy and the socond one shows the'track changes in.forrnal, He thought.dhe`public isn't being given the secondone:showing the changes and it appears to;him that those changes With the Way it's being:phrased are oily changes:hoiiithe last draft of this code. net changes from the existing rode::He really thinks the existing cordes are more than adequate.When:you come In and have people here point out defects' and then you'spy maybe well change thecode'to adjust those-defects'before it's passed on to the Assembly h seems that what you are doing is saying we're going to hang you at dawn but ifthere's enough public commenl on It we'll be glad to change that and liars you either at noon or sunset. -Stephens IItariked the commission for their work. Michelle St. Clair who lives on Seabreeze.Circle slated she spoke last week about her displeasure -about.the rezone and asked'If the consultants made-all the changes or did some chahge4 cane' from the Planning and Loving Comrpission She talked to snrhreone at the Waugh Who said Jade Maker and,a couple of community rnembes were pad afthe PAC: She-would like names of who was on PAC that was instrumental in giving lnfomlation to, Kevin Arndt:sioted he woe undef thdiunderstanding (fiat these meetings were to bring to tight sonic of the concern the people have about lvhat's being;changed: Are you going to look at this.again and change anything that's being vocalized? He Wanted to make see this weanI the product going to the Assertibly.,Arndt is,wondering where some of the changes-equip born.-There were people of the community that were on this committee where this wee,discussed buthe's wondering why they thought this was a good idea.The changing of the zoning for Woodland Drive,about 20 years ago there was a irioralonum put on,subdividing-,doing away with subduidjng 40,000 square feet lots. Afttdt sun is purchasing a.house orsWooelaridarid he doesri I wantto see the area subdivided. He moved out of a 7200 equate foot lot to-get to an acre lot: Also tie's in favor"of ftagiots'.Two out of three subdivisions that he has done has taglcds: He agrees with ttie slacking thing thal ,youre looking al doing away with. He-doesn't believe they should be stacked also but he does believe !hal the20 foot wide.stem when you have 2 of them Weenier'is,mo a than adequate Conservation kind-Remote taking it from 15 chants down to 6,'tie doessdt:know where that cametrhnt or what the benefit Is but you are basically:taking a piece of property that people have paid a lot or Money for anywhere h'otri 5 acres on up and saying noire you,have 150 acres so you can only have Speupte here now. .That really cuts into anyone trying do do a lodge:'Ha doesn't knout if the intent to do away with lodges. Mr.Rohrer said you can come to the cornmissien and say this is passed miry) want to change it to get 15 again. You will have your neighbors saying they are against that_The neighbors carry a tot of weight, they say it doesn't but it does. 'Arndt teeth there'is no,need to change it and,he doesn't know why it was-even discussed to change it other titan onei or-!we peaple'.basically stated we need to get this down. This company that carne tip trim the states, .Arlidi feels that they didn't take into consideration Kodiak being as.small evil is and the character Of the cdrnmunity. Jascha Zbilnoff slated he's been to at least a dozen of the Code Revision work sessions and he's voided his opinion a few.limes sitting there for Ihe'2 hours to get through i section. Regarding decibel levels at the property fines fordifferent zones on page,ft 1, 17.140:42Q Noise Standards, Section C, line 3094. Sixty decibels is basrallytalking in a (Dorn so the noise at Ilie,property line can barely be above the noise In this room: You need to look at thosesections agaln..Also on page 52.Schedule of Uses, Table 17.90:030-1, Intensive Use Seddon-In agricdlltural/Forestry Related Uses-it you look at the table, nowhere in that code does it ellow,yoti to,db anything related to limbar harvesting. There's no permitted or:conditional Use lul'.anything rkatod to ttinber,use or harvesting so that means that.the Samson dock,where they are sending all the timber from according to the new code it's not permitted and'Zhitnriff is opposed to this.rOn page 53; line 2312 again looking at the'iables_just look at the front yards and.the size requirements. Hes already stated'his opinion on that.at previous.meetings::On page 59 in the rural areas 17:100:0301, limbar harvesting activities not permitted athNyhere, again,conditionally maybe with the permission 19/22/2014 1 P&L'Minutes ?age-7d19r Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 72 of 78 AGENDA ITEM #17.A.1. of the,zoning iepartmenl in Conservation District only, Basically there's only,one,placedn the whole island that lieu could; maybe, with permission front the borough old treestdovm to use as timber tiarvestingiZbtihoff said he leas a lot more and will put diem in writing. Kevin`Arndt staled he-didn't knowabout the timber thing. He asked when you Bay-tl timber harvest- ,wh=it-is the definition of harvesting-clearing the property and sellingithe Jogs: Parking iwillithat4 options; Arrdtis in favor 01 the one,that encompasses the•whale townteithints that wgiild work the`besl ageir.•Ne has 2.properties witch both have parking'issues: Rigid{now they•utllizs on street parking and'it works There are always parking places downtown and its working fine: Jascha Zbitgoft asked how much Was the consultant.paid?.I-le'd also lltle:to see a i}reposed Code and existing code bide by side With the changes to the old code in red,Its pretty,hard to go.through this dacumentpage'by"page;andtry to figure out where to find t in the existing-code because the panes:or seciionsdoesn't line up with eich,other; It i. possible because that's what staff was doing in the work sesslorrd.. c9MMPSSIONER ARNDT MOVED to postpone until the Qclobei 29,'2014 Planning and Zoning Special Meeting; ROLL CALL VOTE.ON MOTION CARRIED UNANIMOUSLY 0-Code Update_Submttted Written Comments r&irecjor Pederson stated-he didn't'prepare a report but they are(stere forycUr intorrnation. You'll get anolherpackalofcommenlatiia:Friday, CITIZEN COMMENTS, Mone STAFF COMMENTS None, CQMMISSIONER'DRADE,lslated Ihe.irpceming meeting schedule is: • D tober'2w 2014 SpeciaiCodeUpdate'Publir l leanng-B:30pro•Assembly Chambers • Noveniber5'2014.Spediat Code Update'Public Ilearing-C.:30pin-Assembly Chambers- COMMISSIONER COMMENTS Maria Paintenthanked everyone for coming cut.and voicing your.opinion.:We.all have an opinion andi stie s gratefid therewas such a pace turn out tonight. She looks forward to seeing everyone al the follbwing meeting: Jertnifer'Richeseek thanked everyone for participating and she wanted to speak to the process as a wholeCConsider this process as ar, ongoing process that's-been happening for-4 years now. There 'was a consultant that was a professional in the'feld of community planning thatwas brought in Who held meetings throughout the be ough inducting the villages to get input into this process to develop astieWman r fiat strawrnan„yes,there was,sotheono who live in Kodiak hut Was an expert ht the'Jieldihat had assisted through'that process but then community rncnibers have.been working on this'for years. The Planning and Zoning Comndssion'have been meeting for.nearly twice a week since,July and August of last year..We'vebeen pelting substantial effort to make sure it is cusjnrnized to the Kodiak cnhifnii'nity.and the pgbllo has participated stili beep Welcomed into the pfccess throughout those Years of process,What We have before us is the strawman,it's a tot easier to cornmenton s_arnettling that you see right before you so you can,adjusl ft. That;s why Ht's in writing before you sir it's,nut. Intendedr1a instill 'fear, it's not intended to be disrespectful or disregarding of native'land rights or existing laws. It is a strewn-tan (hat's meant to becommented on. refined,.ana'devebped'through the great Work you are doing In,ieviewing and commenting on it. These public hearings even though the public ti i been invited intenhe process for years.we'ro 10/22/2014 t P&Z'tlinutec' Page a rot•¶- Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 73 of 78 AGENDA ITEM #17.A.1. holding these formal publio hearings over a•seriesof 2.months:'No one is taking any action while •we receive these comments in wnting and verbally se we can refine this even further.Through the process,of-deliberating in a public faruni'eyen further well continue again and again throughout ;time,That's just for the:Planning and Zoning portion'Once,we.gel to a point where we feel It's been refined,enough to take Itporaf least;vieve:debatedienough,and this debate'.goes to the ,Assembly,and that proces's'starts again. The public is invited to participate throughout.this while procosawith shawman proposals that are-Mined through:She is very' appreciative of the work•and effort that tha oommirnity is doing Ir.;looking and being engaged in this and bringing in comments. There are differing opinions;ebbUt land policy,;We are a diverse community ao it'iiimportant to hear the different,perspectVes from everyone as we refine this document as best we can for the benefit of our community: 'Scott:Amdt stated there is a lot ot heated dfacutsion in all.the work sessions and a lot of.those •conirnents are,not rncorpor'ared into this WorkT.at this point Well be fortticornIng when these hearings close and he hopes that.once all the comments;come in It.goes back'out foripublic testimony again because spine of it'is substantial changes'We've had slime good'argurnents'on there and Iri many.cases.we didn't reach•a consensusso rnariy of us.feel,this isn't done either ADJOURNMENT •COMMISSIONER ARNDT MOVED to adjourn, VOICE VOTEON MOTION CARRIED UNANIMOUSLY. COMMISSIONER:DRABEK adjourned the meeting at D58 p.rn. 'KODIAK ISLAND BOROUGH NNINGANND•ZONING COMMISSION 8y � Alan Schmitt,,Vice Chair ATrE_ST Bysn :: ,% toLCi[a,"�Jni ; Shelia Shinn- Community Oeveloprient )epartment APPROVED: Deaembei 17,:2014 Id/22%261{ t P&Z':Mlnutes .Pade9 o1 Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 74 of 78 AGENDA ITEM #17.A.1. RECEIVED' Kodiak Islarid'Borough Planning &Zoning;Cothmissior2 Minutes tJEC' e 2 atilt November)9,2014 '6:30p_m.In'th�A9�jt�gr ,k4ijly l'f,�r ,.�CALL TOWCRDER VICE CHAIR SCHMI7T meeting*order the November 19, 2014'reguler meetingthe Planning and Zoning Cemmisslon.atd6:30 p,ni, ,PLEDGE OF ALLEGIANCE VICE'CHAIR SCHMITT led ihe,pledgc otallegiance ROLL;CALL Cammissioners presentwere Alan Schniltt,;Katily Di'abek,Jennifer f ltcreelt,Scott Arndt,"and,Pat Olsen;;Excusedrwas MariaPalntenduelo;being outof the country: Community Developnrenf Department staff present was Director'Pederson;Marlin Lydick,and Shells Smith 'COMMISSIONER'ARNDT MOVI D to Souse Maria Painter, VOICE VON OTEMOTION4, CARRIED UNANIMOUSLY APPROVAL OF'AGENDA iCOMMISSIONEk RICHGREEI<`MOVED to approve the November 19, 2014'Planning S Zoning' Comrnissron agenda. - - - VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER ARNOT MOVED to approve the October 15, 2614 Planning 8 Zoning Commission minuted. VO1¢E:VOTE ON,MOTION CARRIED UNANIMOUSLY CITIZEN COMMENTS None PUBLIC HEARINGS A) CaseS15-004.,Request preliminary approval of the'replat of a'P'ortion Of;Lot 12,.U.S. Survey 253%'Prolr eted Section .1, ,T.288, R.20W, Seward Meridian (ALS 89.10, Plat.90 28); vacating a 50 foot wide road and utility easement and a portion ofan electricaleasement, creatiriga new 60 1o1 wide road and utilltyeasement and electricaleasement(KIBCf16.403 16.60)..The applicant.is.the City of'Kodiak and the agent'Is St. Denny Surveying',Inc . The location is .NHN West Rezanat Drive(past end'of Gibson'Cove Road), The zoning is 4. Industrial: Marlin Lydick reported this subdivision request facilitates the City of Kodiak's.deyeldprnenl Project at,Pier III;. the primer; marine frelght terminal serving,the City and Borough. 'Expansion and reconstruction of the'existirig facility,Is currently underway: New cargo handling machinery and equipment are being installed and,require Upgrades to the deal-fear services currently provided. . 'Vacating existing, inaccurate roadway:and utility easements, and rededicatingmadway and utility easements that reflect actual conditions and needs on the ground arethe focus of the adion..Staff recommends approval with no conditions of approval. COMMISSIONER ARNOT MOVED to grant preliminary approval of the replatof a Portion of Lot. SUrVey 2539, Protracted Section 1, T.288, R.20W, Seward Meridian (ALS 89-10,4Ptat90- L1/t9'f2014 :era Mtantes .Pegg] old Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 75 of 78 AGENDA ITEM #17.A.1. 28),i/scaling a'50..loot-Wide road and Utility easement and a portion of analectrical:easement. 'creating,a new 50 toot wide road and utility easement and electrical easement (KfBC.16.40 A 'il8.50)and to adopt the findings in the staff,report entered into the•record far this-case as'fFindings 9(Fact"for case S15'04 :COMMISSIONER RICHCREEK•declared a .potential •perceiied'cprifliil Of interest slating the olectrical,easement is far'KEA's fly wheel,ishes employed.by KEA•and she!assisted St Denny Surveying in the,preparatidn of this application. VICE CHAIR SCHMITT asked iF her job is contingent upon'Ihe outcome of this vote. •COMMISSIONER RICHCREEKslatbd1t Wasiilot. V ICE CHAIR SCHMITT ruled that it's an indirect financial interest but he dues nal perceive It to be 'substantial to the extent it Woukt:precluge a vote. The•commis=_ion was in agreement. Close regular meeting &open tUblIc'ineariiig: .Alan Torres called là say there is no sound in thelive streaming of the meetingand lie could Hardly hear us on the,phone, Close ptrblic hearing&openregular meeting: FINDINGS OF FACT'' I, This plat meets the minimum data.reti iced by Kodiak Island Borough Code-18.40.040. '2. This plat meets the minimum design requirements-of Kodiak Island Borough Code 16.40.050[ 3. This:plat providesia subdivision of land that is not deliintentel tb.the public'shealth,"safety,ior general wet ere, •4, This plat prov(des,a subdiision of land that•will not result in material damage or prejudi vce to •older properties In the sea. 5, This plat provides a subdivision of land that is consistent with adopted Borough plans for this marea. ROLL CALL;VO TS ON MOTION CARRiEA UNANIMOUSL', al :Case$16-005. RagGest prelCrphtary approval of the sUt dlYt61o11 o17(.29S;R.19W, TL2001t •Landfill Site,ivacating-section line easements and creatingLotsI and 'Kodiak Island Borough Landfill Sut)dIvIsIon (KURU 16.40 & 16.60). -The'applicant Is the'Kodiak' Island Borough and'the agent Is Robert.Scholze, Borough:Resource -Menagement:QFilcter. The Ideation Is 1203 East Monashka Bay'Road and the zoning is t-lnilustiial. 'Lydick,reported following discussion with sister agencies and among beat staff It s,been decided to• proceed with'this subdivision action ithout moving to vacate.the' section;line•easements as ,depicled on the•preliminary subdivision plat originally presented (or eview and cunsideralion'Pa a consequence, the applicant has withdrawn preliminary subdivision request and the'action.will proceed as an abbreviated plat action subject to the administrative approval of the'departmentar, director. Director Pederson staled there were discussions about this plat over a year ago shortly afler.ths rezone occurred to make sure all the active parts of the landfill were In the Industrial zoning district:. At that time Mr•Scholze had discussions Wilh the state about this plat and vacating the. section line easements: It Was his Impression that they Were beginning their consideration.'which we,Were told. could lake 6 to 9 months;and When he Was ready submit this plat the state said no, we start from now. This is causing lime delays and these section line easements don't impact any buildings at the'landfillsothe•borough has opted to•processthisias en abbreviated-and then come hack at,a. (utureidate to have the discuston of the vacation of Section line easements. There were some requirements the state wanted t0 see about other public access and thiouoh a landfill sitethat is, problenfaticsot was agiaied we Iftak.e:that'action.separately, 11/14/2014 °p3:Z Af inu}es• Page 2 014- Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 76 of 78 AGENDA ITEM #17.A.1. Pederson clarified that we would de the abbreviated plat. final that to Create the 2 parcels, then sitting behind that is,the city plat application that will be costing in to creale the parcel far disposal for therr'cdntractor for the composting: Al such time as the discussion negotiations with the stale over the section line easements'there will.be a new preliminary plat'coming to P8a'-end then the final of t1-fat.7here,will be a total of 3 platting actions for the site. ot.b ausiNE55 None NEW'BUSINESS None COMMUNICATIONS A) Planning and Zoning Case'Resutts Letters B) Lebec&f courtesy&.:Advisory dated October 6, 2074 C) Lette:of Courtesy'&Advisory dated October 22,2014 P) Noticed?Courte'syia,Advisory dated(Dikter 22, 2014 E) Notice of Violation.&Order dated October 31,2014 Pederson stated we continued the Code Update.Public Heannys,to January..7m end at this time asked the commission to re_srhedule that from January 7'^10 January l2"' We will have 6 durum that night:There are about 4 other steps thatwould follow from that. COMMISSIONER ARNDT MOVEDiIo acknowledge receipt of the communications as pteienteu. .VOCE VOTE ON MOTION CRRRWEA UNANI6fAUSL Y REPORts A) Meetlnd Schedule; • December 10,2014 work session5,30pm•K113 Conference.Room • =.Decemba 17,2014 regulacmeeting-6:30pn-Assembly Chambers January',12, 2015-Code Updite•SpeCial Meeting-6:30 p.m.-AsseniblyChambers ▪ January.8`205-Code Update Special Meeting-8:30 pill.-.Assembly Chambers • February 4,2014-Corte Update Special Meeting-6:304m,-Assembly Chambers COMMISSIONER ARNDT MOVED to change the January 7'2015 Code Update Special Meeting to`January i2,'2U1S, Pederson stated K.NIKT:nay tie broadcasting the„January 121" meeting So the villages can listen .and call in and they can also connect on the Internet. There wilt lie new•PSA's staffing Friday through'Dacernber.leading up to that meeting and display ads 'in the newspaper 'Staffs bean working on-developing comparison tables for each zoning dislrid, old to new and the uses,-a matrix for each one showing what's permitted now and what a not peringted;'and how that looks old to new coda There's,a color coded version of the code in,3 colors that will show•totally new text,verbatim or very close$o verbatim horn the ertisting code, grafnrna_i`,lhats Been cleaned pp or reorganized, and things that.are substantially In there Nit leave been rewortced:•Most_iinporlanuy •there will be ad upoated.sierf report for each code title talking sheet these things pointing them•out and listing ail the comments lliat.are spacific:trial have been made through mails, fetters;and at: thee Meetings and Identifying (the section number whereit's in the code; What suggestion would bell you•desire to rhange it underline strikeoutof that paragraph or line et that portion-ort_he table showing the change in the table: The deadline will be thirty days before the January 12th meeting 'which will be.December to to post on the website to allow tune tor'everyone•taabsorh them-,Staff recommendation ori the 12th would be to.divide the 3 actions finless we '•near something in the interim to close;the.public heeifnds on Titles 16 and 11} and begin deliberations and then continue working on The 17. We've looked at rolher.passible public'hearing:dates at January 28°i and February d". 11/11y3014-. PBZ Miuures, `Pages of 4 Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 77 of 78 AGENDA ITEM #17.A.1. There was consensus;onth.all public comments are recem ived, to'break up the Titles,:aend,and approve separately:The public has made it:Clear that they want to be heard, VOICE VOTE ON.NMOTION a9RRIED'UNANIMOUSLY .6) Minutes of Other Meetings July 22;2U14'Porksand 'Recreation Committee' • August 26,2014 Parks and.Renteation Comrnipee • Septemlfer'23. 2014 Parks and'Recreatlon_Eommittee. •STAFF REPORT COMMISSIONER ARNOT MOVED to acknowledge receiptmf the reports as presented: VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZEN;COMMEWTS. ;„Nana STAFF CO_MMENtS• None COMMISSIONER COMMENTS !Kattiy.brabektstaied she appreciates staff attempting'to create'docurnenis that assist not bhty'the -commission but the public in Sher understanding Whattheselast2 years have meant. .Jennifer Richcreek'•.thanked Martin Lydick for his Work bn`Ole"comparisons.:and thanked staff and, Ithe borough for supporting'the ,continuing •education of the commission in sending.us to the .American'P.tanning'Associalion training,Jtwas a great experience. She appreciates theopportunity of tieing•onthe cornmission and toieam more of how she can do the job better. :Pat Olsen Stated as the newest,member she thanked Merlin Lydidcbecau'se she wasn't her for the process so to seethe change front what it was to what the brief pan will be a great help, Alan Schmitt stated Ire echoes Ms..Olsen and he was here,for one public hearing Sind was pleased Iby the turn out He knows the first 2meelirigs had a good turn•but and he'd really the turn Mit 'to conunue'anil we'll'keep doing it es long as'"we have the turn out Vie have-spent a'lot oftime geilig'through this. We can use any input the public hes,,it will,be vary.interesting When we get to the point;at having to vote on it. He's encouraged on seeing Mr,Horn, Code'Enlorcetnent Ofrcar, •actually ramping up the enforcement efforts. Schmitt also appreciates the supped of staff in sending uste the training. ADJOURNMENT .COMMISSIONER R!CHCREEK MOVED to adjourn: 'VOICE VOTE ON MOT10N:CARAIED:UNANIMOUSLY• VICE CHAIR SCHMIiT aifjbumsd the'meeting`a17:ii p:m. KODIAK ISLD BOROUGH PLANNINIG1AND,ZONNIINANGG OMMISSION' By: ±�' "A„, AlanSatiniitVici Ch air .ATTEST 555 ,fay' tCAi.240n+ IL(1- _L Sheila_Wroth 'Community Development Department APPROVED:Decerhber17,2014 11/14/2tt t4 1 P&Z:Minutes• Paget of M Fire Protection Area No. 1 Board, November 25, 2014; Plannin... Page 78 of 78 Kodiak Island Borough Assembly Regular Meeting Guidelines January 8, 2015, 7:30 p.m., Borough Conference Room 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 2.25.070.... 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 members Austerman and Griffin who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: • *Regular Meeting Minutes of December 4, 2014. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES • *Regular Meeting Minutes of December 4, 2014. 6. AWARDS AND PRESENTATIONS A. National Stalking Awareness Month Proclamation — Mayor Friend • Accepting: Sandra Wilkins, Kodiak Womens Resource and Crisis Center. Kodiak Island Borough Assembly Guidelines January 8, 2015 Page 1 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. 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 — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2015-15 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. Clerk's note: A corrected version is attached on yellow paper and is made available to the public. Recommended motion: Move to adopt Resolution No. FY2015-15. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 8, 2015 Page 2 C. Ordinance for Introduction 1. Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdivision from R2- Two-Family Residential Zoning District to B-Business Zoning District (P&Z Case No. 15-007). Recommended motion: Move to adopt Ordinance No. FY2015-09 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. D. Other Items 1. Assembly Direction to the Treasurer/Finance Director to Prepare and Publish the 2014 Roll of Real Properties Subject to Foreclosure. Recommended motion: Move to direct the Finance Director to prepare and publish the roll of real properties subject to foreclosure and make said roll available for public inspection. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Confirmation of the Assembly Appointments to the Citizens Board of Equalization (Laird and Shields). Recommended motion: Move to confirm the Assembly Appointments to the Board of Equalization of Ms. Paula Laird to the seat term expiring December 31, 2017 and Mr. Grant Shields to the Alternate seat term expiring December 31, 2017. Staff Report—Assistant Clerk MacKenzie Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 8, 2015 Page 3 3. Declaring a Seat on the Parks and Recreation Committee Vacant (John Neff). Recommended motion: Move to declare the seat on the Parks and Recreation Committee held by Mr. John Neff for a term expiring December 31, 2016 vacant and direct the Borough Clerk to advertise the vacancy per Borough Code. Staff Report—Assistant Clerk MacKenzie Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Friend The Assembly and School Board will hold a joint work session on Thursday, January 15 at 6:30 p.m. in the Borough Assembly Chambers. An Assembly work session will immediately follow after the joint work session. The next regular meeting is scheduled on Thursday, January 22 at 7:30 p.m. in the Borough Conference Room. The Borough Assembly will meet on Saturday, January 17, at 8 a.m. in the Borough Assembly Chambers to discuss the Kodiak Island Borough Strategic Plan. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines January 8, 2015 Page 4 ed: 1 'fib /vv.— Recessed: Reconvened: I BY: cy BY: L{I) BY: '1::>F.v, BY: i... IND: SECOND: C)14P SECOND: froke SECOND:cL tiltjrcivet A SECOND: (JLP t $ � t� 0{ , 01 lej c.0\' 1}10 \ I I Z 1 MVV RVV 1 YES NO 1 • YES NO YES NO YES NO' Y£S Ms. Austerman / i Nia. Austerman _.__ `Msnk1Sterman --, Ms. Austerman_j.. Ms. A an Mr. Griffin / I Mr. Griffin ui iffin Tr. n-in - Mr. LeDoux f I Mr. LeDoux Mr. LeDoux Mr. LeDoux * / Mr. LeDoux v/ Ms. Lynch V. Ms. Lynch Ms. Lynch Ms. Lynch v Ms. Lynch 4.. U Mr. Peterson v• Mr. Peterson Mr. Peterson Mr. Peterson Mr. Peterson Mr. Rohrer yr 1 Mr, Rohrer Mr, Rohrer Mr. Rohrer t/ Mr. Rohrer �� Ms. Skinner v l Ms. Skinner Ms. Skinner I Ms. Skinner ✓ l Ms. Skinner '^'-'oNGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOT I TOTAL: TOTAL: 1 TOTAL: p TOTAL: ,n where only six members of the assembly are present and there is a three/three tie vote of the ass 1 Mayor Friend I I 1 Mayor Friend I 1 1 Mayor Friend ed: Recessed: Reconvened: BY: Y BY: BY: fr r' BY: )ND: 1 r` SECOND: SECOND: fiiiik SECOND: t1""'" SECOND: di2\ ,,,,Au. %. vn, ? ?A .1_5 9 ' V It b {� 'nHk bop Pc-, e\-)\(/ -vct 2 f ® NO = .YES• NOInillienall NO YES' J NO', " s : .YES Ms. Austerman I Ms.Austenman Ms. Au -rma 111101�is. Auste pian _.�.111 is, •. : •i-n Mr. Griffin • 1.111101111111 'A ' in Mr. LeDoux ✓ Mr. LeDoux Mr. LeDoux I ✓ 1 Mr. LeDoux * Mr. LeDoux Ms. Lynch V Ms. Lynch v Ms. Lynch f Ms. Lynch . Ms. Lynch i Mr. Peterson x riall Mr. Peterson v III Mr. Peterson Mr. Peterson v Mr. Peterson Mr. Rohrer Mil Mr. Rohrer , f . Mr. Rohrer V Mr. Rohrer v i Mr. Rohrer Ms. Skinner EMI Ms. Skinner ✓ Ms. Skinner 4.. Ms. Skinner y, f 1 Ms. Skinner 'flHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOT TOTAL: i i- 1 TOTAL: ( e- TOTAL: 6 g- I TOTAL: 1 ^-.4e where only six members of the assembly are present and there is a three/three tie vote of the assn ' f Mayor Friend I I ( Mayor Friend 1 i I Mayor Friend KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: 0I1 031,9D15- Please PRINT your name Please PRINT your name ( K9 Sc 6 // rni P\LANI Sc-NrCI1 J A� BA-L1).,vti Co% IWcutL, � 5 � eXavial c .nXv& kon Ade/citik , LCIUQ 1 �; 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, January 22, 2014, at 7:30 p.m. in the Borough Conference Room. At its Regular Meeting of January 8, 2015, Kodiak Island Borough Assembly Took the Following Actions: PROCLAIMED the Month of January 2015 as National Stalking Awareness Month Applauding the Efforts of the Many Victim Service Providers, Police Officers, Prosecutors, National and Community Organizations, and Private Sector Supporters for Their Efforts in Promoting Awareness About Stalking. ADOPTED Resolution No. FY2015-15 Adopting a 2015 Kodiak Island Borough Communities State Legislative Capital Improvement Projects Priority List. ADVANCED Ordinance No. FY2015-09 Rezoning Lot 1, Alagnak Acres Subdivision From R2-Two- Family Residential Zoning District to B-Business Zoning District (P&Z Case No. 15-007) to Public Hearing at the Next Regular Meeting of the Assembly. DIRECTED the Finance Director to Publish the Completed Roll of Real Property Subject to Foreclosure and Proceed With the Foreclosure Process. CONFIRMED the Assembly Appointments of Paula Laird for the Vacant Seat and Grant Shields for the Alternate Seat to the Citizens Board of Equalization for Terms Expiring December 31, 2017. DECLARED the Seat Held by Mr. John Neff on the Parks and Recreation Committee Vacant and Directed the Clerk to Advertise the Vacancy Per Borough Code. Vol. FY2015, No. 13 January 9, 2015 Kodiak Island Borough Assembly Newsletter