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BELLS FLATS TR B-2 OF TR B - Land DisposalKODIAK ISLAND BOROUGH MEMORANDUM DATE: August 21, 1981 TO: Phil Shealy, Borough Manager FROM: Will Walton, Director of Community Development Gaa1,141-7riti- SUBJ: Information for Assembly's September-3, 1981 agenda. RE: Case LL-81-001. Lease or sale of Tracts B-1, B-2, B-3 and B-4A, Bells Flats Alaska Subdivision. (KIB Assembly) Please be advised that the Planning and Zoning Commission, at its August 19, 1981 regular meeting, following a properly advertised, noticed, and conducted public hearing, recommended that the Assembly lease rather than sell Tracts B-1, B-2, B-3 and B-4A, Bells Flats Alaska Subdivision. The Assembly needs to make a decision on leasing or selling the Tracts and authorize the staff to proceed accordingly. CC: Borough Clerk KODIAK ISLAND BOROUGH PLANNING F `` )NING COMMISSION MINUTES July 15, 1981, regular meeting Page 2 Discussion onthe rezoning of this case. The Commission came to the conclusion to exclude lots 21 and 22 being owned by Mr. James Garoutte. Mr. Ramaglia moved to rezone lots 19, 20, 23, 24 and 25, block 2, Allman Addition from R -1 single family residential to business. Seconded by Mr. Gudenau. Motion PASSED by unanimous roll call vote. 6. PUBLIC HEARING ON CASE Z -81 -020. A request to amend the Comprehensive Plan and rezone Tracts 8 -1, B -2, B -3 and B4 -A, Bells Flats Alaska Subdivision, from in- dustrial to rural residential. (KIB Planning and Zoning Commission) STAFF REPORT: Mr. Walton presented the staff report and addendum and recommended tabling this item. 29 notices were mailed, none returned. Discussion on tabling this item until after the meeting with the Borough Assembly. Mrs. Crowe can we re- iniate the negotiated lease Ordinance? Mr. Shealy I believe so. Discussion on the length of time for leases. Mrs. Crowe closed the regular meeting and opened the public hearing. John Tyhuis would like to see the gravel leases for a period of at least 10 years. Discussion between Mr. Ramaglia and Mr. Tyhuis on the rezoning issue. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball moved to table items 6, 7, and 8, until the August 19, 1981, Planning Commission meeting. Seconded by Mr. Briggs. Motion PASSED by unanimous roll call vote. 7. PUBLIC HEARING ON CASE Z -81 -021. A request for an exception from Section 17.12.010 (G)- -Uses Permitted in RR -rural residential districts - -for long term gravel extrac- tion on Tracts 8 -1, B -2, B -3 and B4 -A, Bells Flats Alaska Subdivision. (KIB Planning and Zoning Commission) Mr. Ball moved to table this item until the August 19, 1981 meeting. Seconded by Mr. Briggs. Motion PASSED by unanimous roll call vote. PUBLIC HEARING ON CASE LL -81 -001. Lease or sa e o racts B -1, B -2, B -3 and 64 -A, Bells Flats Alaska Subdivision. (KIB Assembly) Mr. Ball moved to table this item until the August 19, 1981 meeting. Seconded by Mr. Briggs. Motion PASSED by •unanimous roll call vote. IC HEARING ON CASE S -81 -012. Vacation and replat of lots 1 -63, block 3, Alderwood Subdivision, USS 1396. (Craig and Bette Bishop) STAFF REPORT: Mr. Crowe presented the staff report and addendum and recommended final plat be prepared and submitted for approval. Mr. Walton presented additiona information on the playground area. Mrs. Crowe #13 of the original agreement states that there shall not be more than 132 units, are we bound by that? How many acres? Mrs. Crowe closed the regular meeting and opened the public hearing. Mrs. Bishop there are 4.83 acres in this area. We do not have a development plan for this area at this point. Will not put in 63 units at once. Mrs. Crowe what about play areas? Bette Bishop letter of June 8, 1979, from NBA stated that NBA was going to put in a play area in block 2. Lenghtly discussion between the Commission members and Mrs. Bishop on who is to put in the play area and where it is to be located. Mr. Bishop pointed out other locations for a play area. Mrs. Crowe stated that Kodiak Island Housing Authority and Fir Terrace had to put in parks or play areas. .. -_ .. .. ice.•._: KODIAK ISLAND BOROUGH REMORARDOM DATE: July 15, 1981 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Staff report addendum RE: Case Z-8-02O, Z-81-021, and LL-81-001. B Tracts Plan, Bells Flats Alaska Subdivision. At its July 8, 1981, meeting, the Commission asked for additional information_on the "B Tracts Plan" and its parts. The status of the various parts of the plan are discussed in this • evenings staff report which was distributed last week. Basically, the land involved has been subdivided into five (5) parcels, one parcel has been proposed for a park or preserve, the remaining four (4) parcels have been used for gravel mining in the past and that land use is proposed for continuance. • Before you this evening are 3 cases. One to amend the Plan and to rezone the 4 parcels from Industrial to residential, one to • consider an exception, and one to recommend leasing or sale of the 4 parcels. • The Comprehensive Plan amendment, zoning change and exception are proposed to alleviate expressed concerns about using the land for gravel extraction for a lengthy period of time and then attempting to enforce a residential proposal. The 3 pieces fit together but will not function if any one of them is, for whatever reason, not realized. Other avenues available to you are conservation zoning without an exception, deed restrictions, and continued-leasing of the existing Industrial land. Conservation zoning permits mining activities under the broad - definition of agriculture. The residential proposal could still work but only on 5 acre lots. Deed restrictions or covenants are another possibli y. Serveral are suggested in-the staff report previously submitted. Ntemoranaum, page Z -81 -020, Z- 81 -n21, LL -81 -001 July 15, 1981 Leasing the land depends on realistic lease conditions and adequate administration of same by the Borough. Under the present Borough Code material leases can only be executed for a one year period of time. The Ordinance proposed by the Commission for negotiated leases on materials was deleted by the Assembly from its July 2, 1981, agenda. This action in effect killed the Ordinance. An additional alternative is to table items 6, 7, and 8 this even- ing for the purpose of first completing the Women's Bay Area Plan. Portions of the B Tract are still being leased.on an annual basis and gravel is being removed. The urgency in completing a "B Tract Plan" still remains a mystery to some people. Staff supports the multiple use of the property, the creation of the proposed lake, and the sale of the property. The acc- omplishment of the area plan for the Women's Bay Community could accomplish these goals. KODIAK ISLAND BOROIJG Box 1246 Kodiak., A1,69,9615 Kodiak Island Borough Kodiak, Alaska RECEIVED JUL 1 6 1981 PM A 1-,.! 42 4 4 1 1,11 1 Sial■••■•1211111.111...- The Kodiak Island NOTICE_ OF PUBLIC HEARING Borough Planning and Zoning Commission has KIB PLANNING AND ZONING COMMISSION received a petition from requesting the lease or sale of Tracts.B-1, B-2, B-3 and B-4A, Bells Flats Alaska Subdivision. (Case LL-81-001) The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 PM, Wednesday, July 15, 1981, in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above-referenced lots; or an owner of property within 300 feet of the above-referenced property. This will be Lhe oaly Public Hearing before-the Plauning-and -Zonin5-Commisslon and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that ban be read into the-minutes of the Public Hearing. , If you would like to comment on the petition proposal, this form may be used for your Convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name 711C 1 fl. dames 'R.. ry,51-- Address Legal Description 1-4t 3 0 - 2: aws c1,47,5. Comments kAd ukja -414frr+ 4e sck\e. or 61/4.St' ig -4\is ropersf only/I re61Ae4Tal 6e j14 1e ow czfitries 4r) aq ° 1A.. rvel ej- oel pf 4:-Irezi1c>,, 4 b -6br,fl2-- rnbm. 6.-0, rr.wre._ cor, v-P 4eAn 4le Sae, Y0,0 , 4,,3,.-pil -6.? 0, 60144Y - "AiEe- a3x 303/ KODIAK ISLAND BOROU Box 1246 Kodiak, Alaska 99613 FIRST CLASS MAIL NOTICE OF PUBLIC HEARING The Kodiak Island Borough Planning and Zoning Commission has received a petition from - KIB PLANNING AND ZONING COMMISSION requesting the lease or sale of Tracts B -1, B -2, B -3 and B -4A, Bells Flats Alaska Subdivision. (Case LL -81 -001) The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 PM, Wednesday, July 15, 1981, in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above- referenced lots; or an owner of property within 300 feet of the above- referenced property. This will be the only Public Hearing before the Planning and Zoning Commission on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you.may submit a written opinion that can be read into the minutes of the Public Hearing.. If you would like. to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning. Department. ,Further information is available from the Planning'Department, telephone 486 -5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name Address Legal Description Comments Z. gee KODIAK ISLAND- BOROUGH MEMORANDUM DATE: July 8, 1981 TO: Planning and Zoning Commission FROM: Community Development Department .ai-44/44.147X., SUBJ: Staff Report • RE: LL-81-001. Lease or sale of Tracts B-1, B-2, B-3, and B-4A, Bells Flats Alaska Subdivision. (KIB Assembly) BACKGROUND The Commission, at its June 17, 1981, meeting, tabled consider- ation of this case to allow time for two related cases to be scheduled for public hearings. As with several other items on this evenings agenda, this matter •is a part of the "B Tract Plan". QUESTION The question for your consideration is whether or not the land involved should be leased or sold. As reported in last month's staff report on this case, con- sideration of the B Tracts has been underway for some time. The most recent action on the project has been the completion of the "B Tract Plan" and its presentation to you. RECOMMENDATION Staff .recommends that. Tracts B-1, B-2,-B-3 and.B-4A, Bells Flats Alaska Subdivision, be-offered for sale to the public. KODIAK ISLAND BOROUGH PLAP "- - AND ZONING COMMISSION MINUTES June 17, 1981, regular me( Page 4 Starting with S -81= 010. Subdivision of Tract B, into Tracts 8 -1, B -2, 8 -3 B4 -A, and B5 -A. Bruce Maass Women's Bay Community Council; Like the plan, but can't back it :1111..•. now. Jim Cobis "8" development plan looks good but without a comprehensive plan it just adds more fuel to the fire. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Hill Likes plan "B ", not detrimental to Women's Bay Community. Discussion on adopting development plan and adding it into the Comprehensive Plan. Mr. Rama•lia moved to rant asuroval of the 'reliminar subdivision of Tract B, Bells Flats Alaska Subdivision into B -1, B -2, B -3, B4 -A and B5 -A, Bells Flats Alaska Subdivision. Seconded by Mrs. Walser. Motion PASSED by unanim- ous roll call vote. Z -81 -012. A request to amend the Comprehensive Land Use Plan from industrial to service /recreation on Tract B5 -A, Bells Flats Alaska Subdivision. Discussion on developing a Comprehensive Plan for Bells Flats. Mr. Maass when do you expect to have a public use Ordinance available? Mr. Walton September. of this year. Discussion between the audience and the Commission on what the Bells Flats people would like to see on the Comprehensive Plan. - Mr. Maass we are in the process of putting together a comprehensive Plan map. Mr. Cobis we are just as confused, so if we all work together maybe we can put something together that will work. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ebell spoke on the legal aspects of the Comprehensive Plan procedures. Lengthy discussion between the Commission and audience. Mr. Briggs moved to recommend that the Comprehensive Land Use Plan be amend- ed from industrial to service /recreation on Tract B5 -A, Bells Flats Alaska Subdivision. Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. 11.80. -1111. LL -81 -001. Lease or sale of Tracts B -1, B -2, B -3 and 84 -A, Bells Flats Alaska Subdivision. (KIB Assembly) Lengthy discussion between Mr. Maass, Mr. Cobis, Mr. Ebell and the Com- mission on suggestions and ideas for lease or sale of the "B Tracts ". Mrs. Walser moved to set a hearing to rezone Tracts B -1, B -2, B -3 and B4 -A, Bells Flats Alaska Subdivision from industrial to rural residential and consider an exception for gravel extraction. Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. Mrs. Walser moved to table consideration of the lease or sale of Tracts B -1, B -2, B -3 and B4 -A, Bells Flats Alaska Subdivision until such time that the rezoning has been approved. Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. KODIAK ISLAND BOROUGH PLAP1N"Itir_ AND ZONING COMMISSION MINUTES June 17, 1981, regular met Page 3 Mr. Hill moved to grant an exception from section 17.18.010(B) uses permitted in an R -2 district for the storage of crab pots. Seconded by Mrs. Walser. Motion FAILED on a 0 -5 -1 vote, with Mr. Hill, Mr. Ramaglia, Mrs. Walser, Mr. Briggs and Mrs. Crowe voting no, and Mr. Gudenau abstained. Discussion between Mrs. Walser and Mrs. Lechner on crab pot storage at Near Island. Discussion on who will establish the boundary line for the crab pots. Mr. Walton answered that it was the Borough's responsibility. 8. PUBLIC HEARING ON CASE Z -81 -017. A request for a variance from section 17.60.020(D), a sign exceeding six (6) square feet in area to identify non- conforming commercial uses and section 17.60.020(E) the signs in this section shall be mounted flat against the building and more than 25 feet from any lot line, on lot 12, USS 3098. (Island Air Service) STAFF REPORT: Mr. Walton presented the staff report. Staff recommended approval of a variance from section 17.60.020(D) and denial of the variance to section 17.60.020(E).and the sign be relocated to a location 25 feet from the lot line along Mill Bay Road. 19 notices were mailed and none re- turned. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comments she closed the public hearing and reopened the regular meeting. Discussion between staff and the Commission on the location of the sign. Mr. Ramaglia moved to grant a variance from section 17.60.020(D) for a 28 square foot double sided sign to identify a non conforming commercial use. Seconded by Mrs. Walser. Motion PASSED by unanimous roll call vote. Mrs. Walser moved to grant a request for a variance from section 17.60.020(E) to allow the sign to be placed on the lot line. Seconded by Mr. Briggs. Motion PASSED by unanimous roll call vote. A 5 minute recess was called. Mrs. Crowe reconvened- the meeting at 9:50p.m. 9. PUBLIC HEARING ON CASE Z -81 -012. A request to amend the Comprehensive Plan from industrial to service /recreation on Tracts B5 -A, Bells Flats Alaska Subdivision. (KIB Assembly) STAFF REPORT: Mr. Walton presented the staff report. Staff recommended that the Comprehesive Plan be amended from industrial to service /recreation and that same be designated on the official zoning map. 10. PUBLIC HEARING ON CASE S -81 -010 A request to subdivide Tract B, Bells Flats Alaska Subdivision into Tracts B -1, B -2, B -3, B4 -A and B5 -A, Bells Flats Alaska Subdivision. (KIB Assembly) STAFF REPORT: Mr. Walton presented the staff report. Staff recommended preliminary approval of the subdivision. 11. PUBLIC HEARING ON CASE LL -81 -001. Lease or sale of Tracts B -1, B -2, B -3 and B4 -A, Bells Flats Alaska Subdivision. (KIB Assembly) STAFF REPORT: Mr. Walton presented the staff report. Staff recommended that Tracts B -1, B -2, B -3 and B4 -A be scheduled for public hearings to be rezoned from industrial to RR -rural residential, and that consideration be given for an exception to permit long term gravel extraction. After the above is accomplished, it is recommended that Tracts B -1, B -2, B -3 and B4 -A be declared surplus to the Borough's needs and offered for sale to the public. Another alternative would be contract zoning. Staff further recommended that the B Tract Plan be reviewed by the Women's Bay Community. Mr. Crowe explained the 'plan alternatives. Mr. Walton stated that 30 notices were mailed, 1 was returned requesting a tabling of the items. Mrs. Crowe closed the regular meeting and opened the public hearing. 'I` ) KODIAK ISLAND BOROUGH MEMORANDUM bATE: June 10, 1981 TO: Planning and Zoning Commission FROM: Community Development Departmen SUBJECT: Combined Staff Report '.— . Items 9, 10, 11 IN RE: Case No. Z-81-012. A request to amend the Comprehensive Plan from Industrial to Service/Recreation on Tract B-5A, Bells Flats Alaska Subdivision (K|8 Assembly); Case No. S-81-010. A request to subdivide Tract B, Bolls Flats Alaska Subdivision, into Tracts 8-1, B-2, 8^3, 8-4A and B-5A ' \ (K|8 Assembl (KIB ' Case No. LL-81-001. Lease or sale of Tracts B-1, B-2, B-3, 8-4A, Bells Flats Alaska Subdivision (KIB Assembly). Comments: These requests are the result of several years of deliberation on the "B" Tracts in Bells Flats. The staff report has been combined to include the three separate actions requested because of their relationship to one another. Much gnashing of teeth and beating of chests has taken place by all parties concerned and a raft-load of information has been generated for your cons/daration' Case Z-81-012, 'Amending the Comprehensive Plan from Industrial to Service/ Recreation on Tract B-5A. The issue here is whether or not B-5A should be preserved for public use as a park or conservation area, or used as an additional site for the extraction of gravel. The B-5A site is wooded, marshy, and reportedly has spawning salmon in the streams at appropriate times of the year. It is most appropriate to preserve such an area. Since Title 17 does not have a "Public" zoning district classification, the Service/Recreation overlay is proposed. Service/Recreational uses are contained in Section 17.30.050 of the Code, and permit "...public parks, playgrounds and .-,borough uses or buildings." The only other alternative available would be to rezone the 8-5A parcel from Industrial to Conser- vation. The action needed on this portion of the B-Tracts Plan is two-fold: (1) an amendment of the Comprehensive Plan from Industrial to Service/Recreation or Conservation for B-5A, and (2) designation (rezoning) of 8-5A as Service/Recreation or Conservation' June 10, 1981 Combined Staff Report - P&Z Commission Case No. Z-81-012, 5-81-010, LL-81-001 Page 2 Items Case S-81-810. Subdivision of Tract B into Tracts B-1, B-%, B-3, B-4A and B-5A. The basic intent here is to change the lot line between existing Tracts B-4 and B-5 to make B-4 larger. The plat was prepared by the Borough Engineer. Case LL-81-801. Lease or sale of Tracts B-1, B-2, B-3 and B-4A. In accordance with the 08 Code the Planning and Zoning Commission is required to review proposals for the disposal of Borough-owned properties. You are charged with determining if such land is //surplus to the Borough's needs" and the appropriate method of disposal: lease or public sale. In a June 9, 1981 conversation with Dale Tubbs, Land Consultant, the question was asked of him: "In your opinion, is there an urgency for action on the B-Tracts?" His response was, "Yes, no leases exist, gravel is being removed, lease enforcement has been lax, and everything out there is illegal." At a recent work session the Borough Assembly reached a consensus that in order to maintain control of the B-Tracts, they should be leased -- not sold. With that in mind, the question becomes: What kind of controls are appropriate? This concern is discussed later in the staff report. B-Tracts Plan. A plan for the future of parcels B-1, -2, -3, and -4 has been prepared by the "Gravel Committee", which has held many meetings in the past. Several alternatives are presented but all include gravel extraction, the formation of a lake, residential land useage around the lake, an access road, and the use of 8-5A as a public park or preserve. How to accomplish the plan with Industrial zoning being in place is a very real concern to staff and the Balls Flats residents' ' An extensive amount of research was accomplished by staff member Marcia Enos' That work is attached for your information. Also attached is a November 13, 1980 letter from Dave Crowe to Rick Garnett, a letter and development plan dated May 7, 1980, to Dave Crowe from John Felton, a November 28, 1978 letter from Dale Tubbs, and several portions of meeting minutes. Recommendation. (1) Staff recommends, for Case S-81-010, that Lease Tracts B-1, B-2, B-3, 8-4, and B-5, Bells Flats Alaska Subdivision, be approved for division into Tracts 8-1, 8-2, 8-3, 8-4A' and B-5A as a preliminary plat. (2) Staff recommends, for Case Z-81-012, that the Comprehensive Plan be amended from Industrial to Service/Recreation for Tract B-5A, and that same be designated on the Official Zoning Map. (3) Staff recommends, for Case LL-81-001, that Tracts B-1, B-2~ B-3, and 8-4A be scheduled for public hearings to be rezoned from | - industrial to R-R - Rural Residential, and that consideration be given for an exception to permit long-term gravel extraction. After the above is accomplished, it is recommended that Tracts B-1, D-2, B-3, and 8-4 be declared surplus to the Borough's needs and offered for lease to the ublic. Another alternative would be contract zoning. June 10, 1981 Combined Staff Report - P&Z Commission Case No. Z-81-012, 3-81-810, LL-81-001 Page 3 Items q11O.,- 11 (4) Staff recommends that the development plan proposed by the ''Gravel Committee" be reviewed by the Women's Bay Community Comprehensive Planning Committee and approved by the Kodiak Island Borough Planning and Zoning Commission. KODIAK ISLAND BOROUGH TO: FROM: DATE: RE: M E M O R A N D U M GG ,57/ -.eel Will Walton, Planning Director Marcia Enos June 9, 1981 Information requested: Bells Flats "B" Tracts RECOMMENDATIONS .S & CONSIDERATIONS Basically, the recommendation is to impress upon the Assembly the need for it to take action on the Bells Flats "B" Tract. The main decision, it appears, would. be a resolution to declare the "B" tract a particular type of area with a stated future. The "B" tract should be handled as a "development toward residential" piece of land, through one of the following possiblities: 1) made into an ordinance specifying a new type of special zoning, or done by; 2) initiating contract zoning, or, as suggested by the Bells Flats committee; 3) rezoning Bl through B5 as residential -with- public -use with a variance allowed until the area is prepared for building, or; 4) some other formal means. Since the Bells Flats community strongly feels that the parcels, B1 -B4, should eventually become residentially zoned, yet realize that gravel is needed by and benefits the community of Kodiak, they have suggested that the parcels BI -B4 be designated a residential - with - public -use zone now to protect the area from possible non - compatible industrial uses in the future. Retaining the industrial zoning, they feel, would leave the area open to decisions for uses not leading toward residential use in the future (10 -20 yrs.) - when new committees, Assembly members, planning officials, etc. are making lease agreements with new parties. Who would remember the original intent? And who would go back ten or more years to check up? Dale Tubbs, possibility stated that desires and There still 1) 2) 3) 4) 5) Land Management Consultant for the Borough, agrees that the they (the Bells Flats' residents) project is a real one and the R -1 /public use with variance is a way to serve residents' the Borough's concerns (financing, zoning). remain, the problems, however, of - Who gets the variance?; The "schedule" of development; Whether a large or small operator would find it economically feasible to extract gravel according to development "rules "; Whether to lease at all (Bells Flats residents are opposed to a sale, particularly if parcels are not rezoned to residential); Whether to demand a particular duration to a lease agreement for use of the land (e.g. minimum term /maximum term ?, renewable clause with /without preference to current lessee) or, rather to sell gravel, such as 5,000 yds., within a particular framework. Will Walton June 9, 1981 Page 2 6) Whether any stipulations placed on the "B" use prior to "end" use (i.e. to what is planned for the area post- extraction) can or would be enforced, and by whom, and in what manner - and according to ordinance sales (material sales) contract terms and conditions (as stated in ordinance: that lessee conforms to "whatever" is in sales/lease document)? Further Considerations: 1) Develop an end-use date with a good picture of "B" post-gravel period. If this is put in the lease agreement, it alerts lessers to how long they have to extract, "improve", conform to their (approved) develop- ment plan and to "clean up their act" pre-exit. 2) Shorter lease periods than the above-mentioned now-to-end duration (which would be in 10 years if end-use date was set for June 1991) may be allowed and/or desirable. If allowed, a development plan, generated by the P & Z Department or its authorized "agent", should be on record and stipulated in the lease/extraction terms so that spot development, for each of the parcels (tracts) and for the overall tract is avoided. Spot extraction could render the land unusable and lessen the value for future uses. 3) Earmark each parcel (pre-plan) with conservation zones, include these (pre-print) in each parcel's lease, so that the proper screen is assured and the trees (50-100 years old) along the perimeter of the "B" tract are not torn down (as has been done). The trees add to the "pristine" (quote Maass) nature, are desirable as a screen and in a (future) residential area, are located on the outer portions of each parcel and would add to the value of the land later on. 4) Dale Tubbs reco intends separating the lease rate from the royalty rates for gravel parcels. 5) Tailor each lease to unique, individual area - can expect B1 and B4, outer parcels, to differ from B2 and B3, both bounded by other "B" parcels - development plans. 6) Consider who will be able to or would want to lease "B" tracts with development standards: Combining the parcels and requiring phased, orderly development within a specified time period, might well be the "easiest" means to control/monitor con- version to residential use and at the same time, be economically feasible for a gravel operator, BUT a monopoly situation may occur. COULD require gravel owner "to sell to all purchasers at an established rate and to not freeze out any purchasers" (quote by Dale Tubbs, June 9, 1981). PROBLEMS: different gravel = different rates;' supply/ demand theory; anti-Brechan attitude; enforcement; and standard problems, such as measuring/assessing gravel (volume) sold, particularly for different gravel; small operators without access to "B" parcels. Will Walton,.:- June 9, 1981_ Page Using existing parcel divisions and stipulating certain development "improvements", such as roads and using only specific transport routes, may not be economically viable for small operations - a large investment (according to Dave Crowe, Dale Tubbs, Mike Brechan, and Felton Construction) is needed initially to "start up" a pit area; if lease term is too short, there may not be any "takers" - the Borough loses on rent, 'royalties, gravel. Must decide now - perhaps no one decision will be the ideal, but time is now to make a stab at it. 7) Make lease include conditions to at least develop a road - set a time limit (e.g. within five years for this to be done). Leaving an open ended term, say "at the end of ten years" is not likely to produce desired road (Maass, Tubbs). Need a policy upon which whatever monitor- ing agent is implemented can enforce the end-use development schedule, make recommendations to the P & Z Department in interim periods (regardless of whether leases are single-shot or several short-terms), adjust (update) comprehensive plan in a more trackable manner than done now. 8) NO ONE KNOWS WHAT IS IN THE "B" TRACT (Crowe, Tubbs). UNKNOWNS NEED TO BE KNOWN. - How deep is the gravel? - Is a lake really possible? - If it is, what will its creation do to water table of residents? - If extracted according to the present end-use proposal (residential area, surrounding a lake), what can be done with the "lake" hole if it is found that water flows through and does not fill the pit? - How will the Borough assess the value of the gravel - differing conditions may affect value of gravel and degree of difficulty • extracting that gravel, and processing access affects .sale value. Borough does not know how deep, what kind, or where the gravel lies. Neither has it consistently assessed the gravel extracted to date (have accepted without perfoLwing verification of figures, Brechan's estimates - Crowe, Tubbs, June 1981). This will not be easy to resolve (Crowe, Tubbs). - Gravel, if measured by weight, is affected by "wetness" (expect gravel from below water); by grade (size), by amount, time stored. - Gravel by volume - similar concerns. - Gravel by size of "hole" (or part) - not sure of problems here, but expect amount of soil/gravel mix, when in water, etc., imposes measurement problems and review by some assessor. RECOMMENDATION - Proposed by Dale Tubbs Core drill area to see if a lake is feasible, determine depth of gravel (lake) to a reasonable limit (20 feet?) for entire area and formulate development schedule accordingly. Core drilling is expensive, though costs vary greatly, and requires a call to soil consultant for more accurate esti- mates. Dave Crowe suggested $50,000 - $100,000 is not a far-off cost for about 100 test pits, the expected number necessary to cover the topographic "realities" of the Bells Flats "B" tract. - Gives P & Z a more realistic picture of what is possible; - Gives Borough better idea of land/gravel value; - Gives industry basis for investment decision; . - Permits assessment and sale/lease terms indicators; - Settles some of the above issues; Will Walton June 9, 1981 Page 4 - Provides development decision by making data base; - May discover area to really be suited for longer -term "mining ", delaying conversion to residential use; or discover small or difficult amount of gravel which is not really worth the hassles incurred to date; or find out it will be better extracted by large (with economies) operator; or may discover very uneven nature of topography and need for change in land -use design (and change in development scheme). I believe, from a discussion I had with Bruce Maass (at KIB on June 8, 1981), that the Bells Flats residents are all for any informed plan for the "B" tract. If it proves to be unrealistic to make it eventually residential within the next decade, or ever, it is my impression that this would be acceptable - as long as that "decision" arrived at by P & Z and the Assembly is justified - and it is not justified by mere opinions. It can be justi- fied by bringing in technical knowledge of the area and fitting this into a plan of action, not reaction. They have a preference .for the area to become residential as soon as possible, and for it not to become the "junk heap" that Large's and Deater's (plots) have been .(illegally) allowed to become and really they want better planning and management of the area. They do feel the Borough has the potential to be a more responsive body, understand some of the problems involved in enforcing conformance to material sales and zoning regulations, recognize the value of continued gravel operations, and basically appear to be open and willing to com- promise. They are seeking to become a second -class city eventually. Right now they would like to become involved in the planning, but do want some expertise involved, too & they are willing to accept what is feasible and durable. ROBERT C. ERWIN FLOYD V. SMITH RICHARD W. GARNETT III JAMES BENDELL JULIE SIMON ERWIN, SMITH & GARNETT ATTORNEY'S AT LAW 1345 WEST 9TH AVENUE, SUITE 201 ANCHORAGE, ALASKA 99501 PHONE (907) 276-3125 February 12, 1981 Mr. Dave Crow Borough Engineer Kodiak Island Borough P.O. Box 1246 Kodiak, Alaska 99615 Re: Gravel Lease Our File: 529-RWG Dear Dave: I enclose a new version of the lease for P-1. I believe it contains the changes we discussed. Para- graphs 4 and 5 set the rent in terms of a requirement to extract a certain number of yards annually. Paragraph 10 provides for removal of improvements. Let me know if there are other points we need to discuss or revise. Best wishes. RWG/jec Enclosure Yours very truly, Richard W. Garnett III Lsin 4,7t41 tokarnigil tT3: P 1^.• FEB 1 71981 7i8g9ABiggig20 A KODIAK ISLAND BOROUGH ORDINANCE NO. 78-19-0 AN ORDINANCE ADDING TO TITLE 18 OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES A CHAPTER .60 RELATING TO MATERIAL SALES. BE IT ORDAINED by the Assembly of the Kodiak Island Borough: Section 1. Title 18 of the Kodiak Island Borough Code of Ordinances is amended by adding a new Chapter .60, as follows: Sections: 18.60.010 18.60.020 18.60.030 18.60.040 18.60.050 18.60.060 18.60.070 Chapter 18.60 Material Sales Materials Available Additional Application Information Negotiated Disposals Volume Determination Method of Payment Appraisal Performance Bond 18.60.010 Materials Available. All materials to which the Borough holds title may be sold pursuant to contract approved by the assembly. The manager shall recommend to the assembly a form of contract, including limitations, conditions, and terms of the sale renewable, natural, extractive re limited to, gravel, sand, soil, shall be considered real pr title. "Materials" means non- ources, including but not ock and peat. "Materials" erty for the purposes of this 18.60.020 Additional Application Information. A. An application for a material sale shall include in addition to requirements in 18.20.040 a map showing or containing the following: 1. The location of the material site area oriented to topographic features or survey markers. 2. The location of adjacent property boundaries, road and water courses. 3 Names of adjoining property owners. 4. A vicinity map of appropriate scale to properly locate the application area. B. The informa.tion required in A of this section is waivered when applying for material from a Borough designated material source. 18.60.030 Negotiated Disposals. Negotiated disposals of materials valued at less than $5,000 may be made at the discretion of the manager from property acquired from the State when he determines no competitive interest exists. No more than $5,000 worth of material may be negotiated to one applicant in a 12 month period from the same or contiguous material source. 18.60.040 Volume Determination. Measurements to determine the volume of material sold may be cross sectioning, A weighing, or other method considered to give accountability of the materials sold. The_purchaser shall bear the cost of , volume determination for all material sales. The Borough, on its own motion, may make additional volume measurements to verify the accuracy reported. 18.60.050 Method of Payment. A. A minimum of $1000 shall be paid to the Borough when executing a negotiated material contract. No refund will be made if the volume removed is not equivalent to the value of the initial payment. The balance of the negotiated contract price is due as provided in the sale. contract. B. Competitive bid offerings shall require the following payment schedule: 1. An initial payment of $1000 or 10% of the total contract value, whichever is more, shall be deposited at the time of the bid award. 2. The balance of the contract price shall be due as provided in the material sales contract. 3. No refund of the initial payment will be made if no material or the equivalent valued material is not removed. 4. Up to $2000 of the initial payment may be retained by the Borough as payment deposit throughout the life of the contract to be applied to the final payment due for materials not earlier paid for. 18.60.060 Appraisal A. The assembly shall establish, at annual intervals, a minimum unit price for material to be sold. B. All new and existing contracts for sale of material shall'be adjusted automatically to reflect the price established under paragraph A of this section, provided that, a contract price established be competitive bidding, if higher than the general price established by the Assembly, shall not be affected. 18.60.070 Performance Bond. The manager may require the purchaser to provide a performance bond in an amount he determines necessary to protect the Borough's interest and ensure satisfactory compliance of the contract stipulations. A purchaser may use a state-wide bond to meet the performance bond requirements. • -- • 77 •.-^, 1,, KODIAK. ISLAND BOROU Box 1246 Kodiak, Alaska 99615 FIRST CLASS MAIL NOTICE OF PUBLIC HEARING The Kodiak Island Borough Planning and Zoning Commission has received a petition from KODIAK ISLAND BOROUGH ASSEMBLY requesting lease or sale of Tracts B-1, B-2, B-3 and B4-A, Bells Flats Alaska Subdivision. The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30p.m., Wednesday, June 17, 1981 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above-referenced lots; or an owner of property within 300 feet of the above-referenced property. This will be the only Public Hearing before the Planning and Zoning Commission on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment oil the petition proposal, this form may be used for your Convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH - Department of Planning and Community Development Name Legal Description Comments Address • ' • -~ ' '• • ' '� ` - • • ''.' `.• ~ • , • -_ � � � • _ _ ' _- - �`� — • ,;„ • • - - „ • . '. - ..• , _-� �� .-= '-� �'- _----`_-''' • '-' (e. e9003070124 TuxvsY'nzc**Ro PAUL psTrT'pATnzczo ANN P.O. BOX 3002 wuoz*w AK 99615 0� n9003070131 moPz*ALL,osonoE s.a JOY L 3241 57rx AVE S.W. SEATTLE WA 98116 n9003009801 KODIAK ISLAND BOROUGH LsASss/rsLTow Cowornuc' P.O. BOX 1225 KODIAK ox 99615 • • n9003070090 HOEN,CYRIL FREDERICK P.O. BOX 332 KoozoK AN 99615 n9003070100 RouwSovzLLs,nowwELL & S P.O. BOX 547 KODIAK Ax 99615 R9003070111 LUCAS,CLARENCE & xoT*ER,w P.O. BOX 857, USCG KODIAK AK 99619 / � � ( c R9004001060- n9003070112 onumm'LoVI% & JEANETTE L. ('. wAKsFIsLo, KELLY ( P.O. BOX 95* P.O. BOX 2706 KoozAK AK 99615 «o»zAx, AK 99615 n9004001070 ARNOLD,ARNOLD & WALTER (� 975 WALSEN ROAD COLORADO SPRING co 80908 n9003070113 cnouos,ALLsw JR u,*sLsw P.O. BOX 2001 KODIAK AN 99615 m9004001090 n9003070121: %ponxz'ww & COLEEN K (( *wosnSow'nOaT W. & MARTHA . C P.O. BOX 2421 p^o^ BOX 758 USCG KODIAK AK 99615 KODIAK AK 9961.9 n900400/091 xzoo'o*onLsx & CONNIE P.O. BOX 2163 ` KODIAK AK 99615 C n9003070122 zxArLsoT*n'KoLoJonw & JAN <� P.O. BOX 705 KODIAK AN 99615 R9004001100 KODIAK ISLAND BOROUGH cTocxms��' DANIEL �� '�� P.O. BOX u7*a LsuJEs/wsLaonw CnwrTRUC. KODIAK AK 99615 KoozAx Ax 99615 L EDWARD SINGLETON BOX 2283 KODIAK, ALASKA 99615 ^ JAMES PRYOR BOX 3031 KODIAK, ALASKA 99615 B ORN & ROSEMARY DAHL BOX 1576 USCG KODIAK, ALASKA 99619 MARCHIEL ' ---'— ---- BOX 1576 ,USCG uux �n/nua�o KODIAK, ALASKA 99519 ;� THOMAS & LILA 5CHNANTE3 BOX 1911 KODIAK, ALASKA 99615 • BILLY J. FRANKLIN BOX 427 USCG KODIAK, ALASKA 99619 RICHARD & CAROL LATHER BOX 1576 USCG KODIAK, ALASKA 996I9 = R90030100i0 HOLM/NORMAN & DOROTHY P.O. BOX 365 KODIAK AK 99615. WIL%ON,GARY & P.O. BOX 2297 KODIAK � � R9003010020 DARLENE ' RANDOLPH,JOHN P. P.O. BOX 414 KODIAK ( WA%SON,RUD RR2 BOX,94C GRAND FORKS / � ^' ( WA%%ON,MABLENE RR2 BOX 94C GRAND FORKS AK 99615 R9003070050 AK 99615 � � sc R9003070060 ND 58201 R9003070070 i � ND 58201 R9003070081 PETER%EN,LAUREL A. REVOCABLE TRUST P.O. BOX 2066 KODIAK • AK 99615 . TURVEY, 'RICHARD PAUL PETIT, PATRICIA ANN BOX 3002 KODIAK, ALASKA 99615 MARSHALL, GEORGE & JOY 3241 57th AVENUE S.W. SEATTLE, WASHINGTON 98116 FELTON CONSTRUCTION BOX 1225 ' KODIAK, ALASKA 99615 WAKEFIELD, KELLY BOX 2706 KODIAK, ALASKA 99615 CROUSE, ALLEN JR & HELEN BOX 2001 . KODIAK, ALASKA 99615 ANDERSON, ROBERT & MARTHA' BOX 758 USCG KODIAK, ALASKA 99619 DRUMM, LOUIS & JEANETTE L. SKAFLESTA4-KOLBJORN & JAN BOX 954 ' BOX 705 KODIAK, ALASKA 99615 KODIAK, ALASKA 99615 ARNOLD, ARNOLD & WALTER 975 WALSEN ROAD COLORADO SPRING, CO 80908 SPARKS, WILLIAM & COLLEEN BOX 2421 ' KODIAK, ALASKA 99615 KIDD, CHARLES & CONNIE BOX2163 KODIAK, ALASKA 99615 STOCKDELL, DANIEL BOX 2748 KODIAK, ALASKA 99615 HOEN, CYRIL-FREDRICK BOX 332 KODIAK, ALASKA 99615 ROUNSAVILLE, DONNELL BOX 547 KODIAK, ALASKA 99615 • WELBORN CONSTRUCTION BOX 634 KODIAK, ALASKA 99615 I I ' EDWARD SINGLETON BOX 2283 KODIAK, ALASKA 99615 • JAMES PRYOR BOX 3031 KODIAK, ALASKA 99615 BJORN & ROSEMARY DAHL BOX 1576 USCG KODIAK, ALASKA 99619 MARCHIEL & IRENE RICHBURG BOX 1576 USCG KODIAK, ALASKA 99619 .THOMAS1 LILA SCHWANTES I BOX 1911 I KODIAK, ALASKA 99615 1 LUCAS, CLARENCE & KATHERYN I BILLY J FRANKLIN BOX 857, USCG t BOX 4271USCG KODIAK, ALASKA 99619 II KODIAK, ALASKA 99619 ( )RICHARD & CAROL LATHER BOX 1576 USCG KODIAK, ALASKA 99619 • HOLM, NORMAN & DOROTHY BOX 365 ' KODIAK, ALASKA 99615 WILSON, GARY & DARLENE • BOX 2297 KODIAK, ALASKA 99615 RANDOLPH, JOHN P. BOX 414 H KODIAK, ALASKA 99615 I( WASSON, RUD RR2 BOX 94C GRAND FORKS, _ND. 58201 WASSON, MARLENE RR2 BOX 94C GRAND FORKS, ND. 58201 PETERSON, LAUREL A. BOX 2066 KODIAK, ALASKA 99615 &Lis 6 7 oc).-300 9s>o) R 9003 co 92o 6' 3 0030c.)9r63 6V --W9Vf/6 q 00300 A);\ cx (VI 0030 Dc,)) D 9C)C60) COR 0 9 oc) 30? ig 3c) \FA° c) a 030 ----- 3--b K.A-o 301 03c. 4v,D\oc, 3/00 3u 700 1 7 6,0 So-7 co'? o (44 R goo a() 7 (.) (P/ e 90020 706) ,- 90o3o7oce P 8.1) fl 9 ()a 30 703 9 P, Do 30 00 30 7 0/7 • o ,■"'"^ • oorlf,,,Ft,11-1.7maofifelert tr7'. • A l'\9(303 •Rc)oc3o--)c)11a---, c- tR D 5o -7c.) ) 3 e -1D630•77)--/),._, k 00307 90030.7 /7y3 1:,\ 0. R9 OP 30 7 /) /IA ,1900,3b--701a.1. c7o0307 9.00 90030 -70/, Do 3 0 203( Irs'clociaD-70) R9owiczio&c) Rc:loo goo 0 70 9 -tt>, ,R 900 9 R cfrooVvo/o 1L--> 1.? 9006/007700