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HOSPITAL BK 1 LT 2A-1 - Land DisposalKODlAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT CASE FILE CHECK LIST Case File No. Assigned 5'14-/35 Date Application Received /�//��/�� '=-/ /"� . Type of Application Date Site Plan Received Use Z for Zoning, Variances and Exceptions CUP for Conditional Use Permit LL for Land Leases V for Violations 0 for all Other cases Receipt Number 555(p Person Accepting Appl. �- �o�1. ��x/�� L�'�_�� Name of Applicant /'/ ///a.w1 -- G/ pi/ --�K' Mailing Address po. z�� 0�/~� ' Phone co-5694.7( . 4eGQ-53&,e ( - ) Name of Legal Owner Lo� /a� -�^/ cco_,/ _~ �/ L Mailing Address Phone .46P�.-575Ca Legal description of Property: Lot(s) 6-y., ^ -l/ Block / ` An." ~ . Subdivision Square Footage or Acreage of Property is 6.6°yq au_8a_ P & Z Public Hearing Date 1/R405-- //05- Public Notices Mailed on y ?)/g5 How Many? 61 Applicant Notified of P & Z Action on 111-7f65- Action Summary P&Z Assembly Ordinance NO, Date Date Date Date Date Approved Denied Tabled 1st Reading 2nd Reading `/ L Ordinance Effective Date • •`� '"; KODIAK ISLAND BOROUGH RESOLUTION NO. 26-18-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY DECLARING CERTAIN ND AVAILABLE FOR LEASE FOR A RADIO STATlUN'TUWER. WHEREAS, the Kodiak Island Borough owns an 8'69 acre tract of land nown as the Hospital Subdivision Tract which includes a portion of U. S. Survey 511, Lot 2, Block 1 that is not currently being used by the Kodiak Island ospital, and WHEREAS, the Kodiak to lease a 50 foot triangular corner of the unused portion of thiyProperty as the site or a radio station transmitter and tower with antenn4i and WHEREAS, the Federal Aviation Administratyon and local pilots foresee o interference to Kodiak flight patterns caused by a radio tower at this ocation, and WHEREAS, the Kodiak Island Hospital'iu concerned about possible nterference with hospital equipmenti4d fluture land use conflict caused by a adio tower at this location, and _J ,/ WHEREAS, Kodiak Island 18.40.060 determines the method f_estJblishing the rental ra8eYnf,leaued property based on the fair market alue of the land, and / , / WHEREAS, KodiaN�ul�d Boruugh.Code Sections 18.40'010, 18.40,020 nd l8.2U.l2O provide fo ytiding on leasex in excess of $500 per year in value, d / WHERE'S ' eXodiak Island Borough Planning and Zoning Commission has eviewed t le ueut for this parcel of land and granted a conditional use permit e/use and a variance for the height of thetower and recommende a five year with an option for a five year renewal subject to four conditi ns. NOW THEREFORE, BE IT RESOLVED that the Kodiak Island Borough declares . a l8] angle of land on the North� Corner of U. S. Survey 3511, Lot 2, / / Block 1 t be available for lease as the site of a radio transmitter and tower ith nsmitting antenna subject to the following conditions: Review by the Planning & Zoning Commission of a site development plan and final tower design, height, and building materials. 2. That*the tower be constructed to accommodate other antennas. 3. T�s��o�rs��i��pla�� t� und'where guy wires are anchored to the ground. 4. Approval and guaranty of a license by the Federal Communications Commission for a radio station to the lessee; if the :lease is not completed within one the entire lease request shall return to the Planning & Zoning Commission for review. G. The lessee ides a survey by a licensed surveyor of the land to to be leased. i AND BE IT FURTHER RESOLVED that a public outcry auction or this lease will.be held during a special Assembly meeting on March , 1985. PASSED AND'APPROVED this day of / ATTEST: KODIAK ISLAND BOROUGH - , 1985. By Borough Mayor By Borough Clerk Resolution No. 85-18-R Page .2 February 8, 1985 Mr. William 3. Glynn P.O. Box 2615 Kodiak, AK 99615 Dear Bill: Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615.1246 PHONE (907) 486-5736 Re: CASE 84-135. Request for a lease of Borough land in accordance with Section 18.040.020(A) of the Borough Code to permit a 150 foot high radio tower on a portion of Lot 2, Block 1, Hospital Subdivision. The purpose nf_tt_i_i_s_letterisL 1;:lz infpm_you_that_the _Kndiek_Tsland Borough _ r- Assealy at .!.40.Tmeeting_on February. 7,. 1985, request, d turown your re ) - - ------- -- - Resolution 85-18-12 authorizing the competitive lease of the property was rejected by the Assembly. If you have any questions about the action of the Assembly, please feel free to contact me. Sincerely, Linda Freed, Director Community Development Department LF/pm enclosure cc: Case File 84-135 r ""- By LEE CARNEY' '.1r!-9,56,:'-:,1-..resolatiori. Staff Writer Largely 'due ' to hospital' ob Meeting last night, the Borough. fecttons, the assembly had earlier -.Assembly_ brooked requests for a turned 'down the request Last new radio tower and for a variance night however Glynn was backed that would have allowed several by Planning.. ancrloning - Com- Iota under five acres .iittliguerv.. mission "findings Of fact" that servation district. .suggested the tower would- not BIU Gtynn's request to build a ;:eAnterfere with-hospital affairs. 150-feat commercial ladle 'tower Glynn has been working with on hospital property wasqiirrowly s the borough since December In dente& ' -With oni)i*- five voting .::-hOpes of securing a prime location assembly members present, a 3-2 for-the tower, with a 5-year tease affirmative vote felt short of the ' four. neceeserY-7,. to;i:ipass..,, the* (Pto°8° tom to Page l . • ." I 4 rti. ; •"'; weather . • ... '''.. Clearing skies tonight,' with northwest winds to 20 mph; sunny ,.-,, ,',.. tomorrow: Low tonight 32 high' tomorrow 35. Record high and low tor this date are 55 In 1982 and 2 in 1984. Sunset tonight at 552, swirls.) tomorrow at 815.: qe:.,'' ,1:1 ' : g ",...iisf.1' 7f..*: - . ',,t: / ::::,' ',.........1,!,:::', t • .. ,:f.,,i... -.• ., ,,, :.: . , — ..i ,. ,,,.; -. . ,,. .!-.1 ,..... ,.. ;-,-.4.''.. ..ti$:..': „ t:-.'' ,* 7 ' ': '',..::i5;:•::.P.4 ! . ,;',7f Y,F!'% ,: ,::: ',`':"j--i •••,:%fi fl: : ff.'? -,:f'';:'.:' . , ' ' ' • ":";','''.• 1.,=::::,:, I' •,*:: f'•;; `ist- • . ,, „...., •••-•. ••• 4,, 1,,, , , -.• r .-:.• ';:!'"•:!1;••• :,.','. -9, :,:•.::;,V^ '1i. the di mirror V0L.45 NO.28 •.• Ott .• • .•••. • FRIDAY, FERADAFIY 8, 19 6 • 18 PAGES [MAK DAILY .MIRROR—Friday, February 8,1985 -.;?;",04,..-;;-•-..7.,.;:,,t,•••‘..-4•,1:*•••.••;•••,....-.•••....•;•"...,,.•••;•:•:ij.44.t",,,,,5-,.:X!"-A';ii•,•.•,."4.14•,:,.•:•,,:f-•.......:Iii. ' c • ' •_ • :-.1.• • -,-.'_•)_:.,-_-,,.-,...-..? i,..,_1-•,:. -e,„•••,-• . ,,,..._-:_, I - ,•• ••• ''' '''' ' . . • ' .. • ' ••• . .'•,,,•,. . . ,,,,, :,.., ,...?,,y,.,,.i,,,p..1:•„1.,-..., ..,;,, ,,..,,..- ,;.•.• .,.....-1. '4. - -- - :. - • — ,assern , . . , . (continued from Page 1) • Advisory Board Wasn't adequately sound that Potential; commercial oh -borough owned hospital land heard by the Planning and Zoning :•• use of larger acre plot*, The tower- would be used in ,Commission, " wheni4. they con Hertz - no conjunction with a.new FM radio • ;-: eidered the issue. `• • k•:1"problerry deveIopng these station, and possibly television ,4•-•-,-1;- -Glynn sald the tower onUld'be properties :end ,;getting •a ;return transmission later,on: Glynn said,•;Construated on homer Of .the without loweringiot slze." But he "The community heeds all the/6 lot, as far away from the hospital Said the large lot Size Made land choice it can get f With regard tor as you could • get • -There Would ownership unaffordable for Many );;;. station selection - never' be any -hospital develop - zlocal residents who were in • it comes down to It I would ment there; It's too .close to the 'Wrested In the 'property; Hertz :•'; locate here With KMXT;". he said: edge of he. propertY4 He said he'd been contacted by many but called the option "a very poorly.- parking Would be the only local residents interetted, Is -two g.secend ohoice.,0• '• He • said Mei.: reasonable plan for the area, and : or three acre plots. • KMXT tower is where it is because C.-- that a tower wouldOeignificantly );:' "The individuals who live here, - L• that's Where the 'State had :easy • preclude that fish here and work here would take It access at the time According to Severe! assembly '':• members far better care of the land," said Glynn It too close to Pillar „.4-.Were apologetic that they may Hertz In • comparison ...to•;,:com- • Mountain for optimal trans '--have led .ialynri to .belleve that a •,-;.mercial ventures. — - - mission and • thewhoIeuislaridreCbmmefldatlOfl " -from the "If you turn me down we will . XI community would be better served Planning and Zoning CommiSSIOn proceed to probably come back," from the hospital site: -• : would sway their decision: ' "1 said Hertz. He said Alagnak could.'" The Hospital. Advisory Board_ don't know, les kind of a • return With'More -detailed studies 4,•••:', has maintained that the tower dilemma," said David Wakefield. • *- of the properties Involved. could burden new development • Planning Director Linda- Freed Barker said, "Because its just a , and possibly interfere with said the Hospital Advisory Board t' 'blanket Subdivision permission, their own radlo equipment. "We'd dill not have 'a representative at • they Can't predlot, 'What kind 'of like to leave' the totality of that Fjrtrii3Ir public hearing, but that a apeclfic impact there would be in - land Intact, Said board member_,7,Ietter voicing the board's opinion the area. Planning Official- Bud Tom Miller, '"and . used for what.1,';,:.was .read and considered. The Cassidy said later that they will be •,_ they (It was) originally detsighateda PlannIng and Zoning Commission open to individual parcel review . , par." didn't feel that theyf were "When '• more inforrhatIori'is .:Assembli member Ann Barkeria-validy enough • 'concerits",:n1•Con- • available:. tf;sairti•t'14,:feetit that the c•Hospifecktidering•the five-year tlink'freme 'ff•4 An-other 'actions taken by the •' • the *posed jease .. irivokiedi iiihe.13,:fieSernblY Viet night: •'" . , Said ' —Northern Lights Riding For too bad that there .4VaSni,a;1"'.th'e handicapped web granted a 1 full atisembly," said- ':ftreect: two year lease — conditionally . •• • Members present last night made expandable to five Yearsd,".' • no motion to reconsider the issue .—An '..imOunt not to exceed at a later meeting. ' $62,451 '• Was approved for the Biodking another request, the 1". design ' of ' an auditorium Main- ' ti• assembly Unanimously refused to 3.:"tenancerfacilitY. grant!: '-Alagnak Associates a team was authorized 10 blanket 'Variance that would have facilitate a-hospitai master , allowed less than five acre lots on -• •• conservation zoned ••:;!::;',• Alagnalt. ' Associates owns* some 1,100 acres of land across ..„. the Island, much of It adjacent to '..-the wildlife refuge. • ' The .Planning • and "Arming ;_ Commission" previously.' denied the variance request; largely due •• "Ao potential environmental litiPact. • • Many of the percels'were sur. veyed early In the century and are not studied enough at this pciint." • for planners . to reasonably an- ticipate the overall envirotOMeintel 1 effects of development. - ; • Kee Hertz, Alagnak vice ,prealdent, argued that local use of, the land in two-or three-acre lots .Would-,,be :Acre --ernilniernentally ‘-ft •.' 7F,A1 1:1` the„ ' • ,Zu 1 et. datlymri • ,451:011141:VP110111111h,.. - . VOL. 45 NO. 27 -..,THURSDAY, FEBRUARY 7,1985 KODIAK, ALASKA 20 PAGES t 35 CENTS • UyLEECARNEY :,S15'2Th",::,;:: Staff WrIt0';'"'"" At the Borough ".Assembly Meeting' tonight,,' steps taken toward the determination oL 4.Kodiakls health careneeds..;..„, - • The assembly is expected • to • authotizee severknember, team. from,MIlik John and Rigdon, an architectural • firm to begIn evaluating town needs In :Conr:;-.t jutictionith KodiAl.,.,P100. Hasp According :to. hoSpitat:Cad, mintstrator; !pm ''Gingerich,- the team' would -Consult with the Hospital. Advisory Board, medical '6 Staff and 'everaticghospitar4. department heads. •• • • Probably In May or June the group will help -determine how '...beet VI_ meet 'Kodiak health care demands either by remodeling, rebuilding ;„;:...:ortAidetilgning Attei • ' ' • ' the "hoepital administration hae;'," three main , objections_ , to a_ proposed -30046W. radio' toWer . adjacent to- their:pitperty;whiCh*,,, will. • also - be . addressed„).11,4ft: reSolutien Gingerich Said newplans for the hospital -,may Well ,.-..Include44 • helicopter.' landing; apace,: and , a nearby ' tower: create • problem He Bald the tower's. guide mitres might use space that hospltal planners will have to plan around. Another worry Is that the placement of the radio tower • might Interfere With hospital. radio • : equipment, used to page doctors, (Please tum to Page 3) Thursday, February 7; 1985—KODIAK DAILY MIRROR- ? sembl • +.:; • • -- • • - . • .; Planning and Zoning Commisiton and Utility Board members In • accordance With the assembly's • Q.confIrmation.: "All. other corn- missions, boards and committees fo except special .time • limited);) .4- committees shall be appointed the assembly,".! the, ordlitancier says. : - Another I: public ' hearing Is . Scheduled In regard to the proposed dropping of a $5 tax on .-, boats and skiffs under five tons. Finance Officer Bryce Weeks gava two• reasons for eliminating the tax. "It's not economical ding $6.50 to collect.45400.said, ,(COntInued from Pagel) • etc. Gingerich said he thinks private land. is available that could, 2e, • used as a tower site Instead. In other, ,matters tonight, the assembly (ties •scheduled .two public hearings. An ordinance that Would lend the • assembiy a greater role. irt committee and bbard ap7.. pointments will be discussed. • • Presently the mayor designates the majority of such commIssions,:, ..,,,,subject to assembly approval. •inder- the new ordinance the borough,mayor Would appoint/ the 4 r• • .1-•[••t"..--• ;1)„.ri:41•:: ::A :.: ‘.4.; ■,7,4,, , 1 .:::3!! . . . i i■ i Vip.;1 .' .;',?:',..jikilii:,,,P*, W.,:..fil.. ,F-:i +, :.:. • i't: • = - %..;: 1.,- ,k- ' -i ;.',-.....,,,,,',,,: , 1,,, = .•, : .h.:-..-}7;:!;:t.i).:•,,,r. -1.;:,?i•f:%,;',. i: referring to • the coat., Of record pass a resolutlon opposing the maintenance. "It's Wed somewhat .: proposed 400 percent .iricrease..iry :of a harassment to the ihd.ividuaiin. ' post officeboxrentei, at picletto, ,there.,le no ‘auch Jax -On, si larriVity.councitrecerittY: 'i'rlil, lterna,..::: like .:ithreelwhecleril , nrtti1/44-N•The meeting will begin at .830,,, i; -:;enowinobiles, he said: .;',, '.' • p.m. In the Assembly Chambers. . se :-.. •Al before' the Board of Ad-- earlier, ;The board-will consider a: - -14Z.1-i,.3 ' f;• • • '.• • .'" ' ,' ' justrnent tonight Is - an appealect• ' :* ; • . '•- -.:•request 'front Alagnak Associates- 'fora variance that would allow lots ' ' • ' , • :=.--7.: lets ' than five acree in the con ' • ..aervatiOn2Ohe. • '.. '. ' • " • ' ,the ''' Planning: and Zoning .. 'i% letter from ihe Kodiak National Commisson, denied the request ! however, • and that ' may be . a ,‘:W•opiptdol4ifiettiTtonator ton,vhatr,I.Ao7t, I In, ng to the ' ... ,,. . .. , . .. -tenViromn'entatreasons.- r..., nie'' f?r. ''''. ': Stnallit 4ot. ekes Woulcrieffer '? favorable point for the variance. i. ,The. borough Is expected to more 'people the chance to own .,, tand.:ItAte,,,,,K1ogettk„ yltdillefiefuge , • ,,I. Ras. No. 85 -16-R Authorising Staff tecute An Amensnt To The Auditorins/O1d Main Remodel Contrac .._ da eh Sundberg &.Assoc.. Inc./ Dykema. Ogden. Aldridge & Quinton For Design Of The Maintenance Facility. Mr. Naughton moved to adopt Rasolution No. 85 -16 -R. Seconded by Mrs. Cater. Motion carried by unanimous roll tall vats. J. Res. No. 85 -17 -R Authorising Staff To Execute A Contract With Arctic Slope Consulting Engineers For Design Of Tha Karluk Electrification Project. Mr. Naughton moved to adopt Resolution No. 85 -17 -R. Seconded by Mrs. Cater. Motion carried by unanimous roll call vote. Mr. Naughton moved to adopt Resolution No. 85 -18 -R. Seconded by Mrs. Cater. Mr. Bill Glynn: My primary reason for choosing the property near the hospital is because it would batter serve the entire community. It would provide batter signal coverage especially in the outlying areas. Motion failed 3 -2 on Resolution No. 85 -18 -R with Me. Barker and Mr. White casting the NO votes. L. Res. No. 85 -19 -R Supporting The Continued Funding Of Alaska Legal Services Corporation. Mr. Naughton moved to adopt Resolution No. 85 -19 -R. Seconded by Mr. Rounsaville. Motion carried 4 -1 with Mr. White casting the NO vote. Res. No. 85 -20 -R Supporting Use Of A Portion Of The Raw Fish Tax To Provide Shore Based Fisheries Business Tax Credits. Mt. Naughton moved to adopt Reaolution No. 85 -20 -R. Seconded by Mr. White. Motion carried by unanimous voice vote. *N. Ord. No. 85 -4 -0 Renaming Bunnell Way To Tone Lane Within The Kodiak Island Borough. (1st Rdg.) Mr. Naughton moved to adopt Ordinance No. 85 -4 -0 in the first reading. Seconded by Mr. White. Motion carried by unanimou■ voice vote. 0. Ord. No. 85-5 -0 Amending The Personnel Policies And Procedures Manual AA Pertaining To Raaignations. (let Rdg.) Mr. Naughton moved to adopt Ordinance No. 85 -5 -0 in the first reading. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. P. Ord. No. 85-6 -0 Amending Tha Personnel Rules And Regulations By Combining Annual and Sick Laws. (1st Rdg.) Mr. Naughton moved to adopt Ordinance No. 85 -6-0 in the first reading. Seconded by Mrs. Cater. Ma. Barker moved to table. Seconded by Mr. Rounsaville. Motion failed 3-2 with Mrs. Cater and Mr. Naughton casting the NO votes. Mr. Rounsavilla moved to table Ordinance No. 85 -6-0. Seconded by Ms. Barker. Motion carried by unanimous voice vote. Mr. Naughton moved to adopt Ordinance No. 85 -7-0 in the first reading. Sacondad by Mrs. Cater. Motion carried by unanimous voice vote. Mr. Naughton moved to adopt Ordinance No. 85 -8 -0 in the first reading. Seconded by Ms. Barker. Motion carried by unanimous voice vote. 4 r - KODIAK ISLAND BOROUGH M E M O R A N D U M DATE: January 24, 1985 TO: Jerome Selby, Borough Manager FROM: Community Development Department/-. SUBJECT: Planning and Zoning Commission Item for the February 7, 1985 Assembly Meeting RE: CASE 84 -135. Request for a variance from Section 17.33.060 (Build- ing Height Limit), a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a lease of Borough land in accordance with Section 18.040.020(A) to permit a 150 foot high radio transmitter in the PL- Public Use Lands District. A portion of Lot 2, Block 1, Hospital Subdivision. Located on Borough property between East Elementary School and the Kodiak Island Hospital. BACKGROUND Please be advised that the Planning and Zoning Commission at their January 16, 1985 regular meeting conducted an advertised and noticed public hearing on the above - referenced case and passed a resolution recommending that the Borough Assembly approve a lease for a.portion of Lot 2, Block 1, Hospital Subdivi- sion, owned by the Kodiak Island Borough. ' RECOMMENDATION The Kodiak Island Borough Planning and Zoning Commission approved the request for a variance from Section 17.33.060 (Building Height) of the Borough code, and a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) of the Borough code, to permit a structure that is 100 feet greater than the maximum building height limit on PL- Public Use Lands. In addition, the Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly offer for lease a 9,742.5 square foot portion of Lot 2, Block 1, Hospital Subdivision as a site for a radio tower for five years with an option for a five -year renewal subject to the following conditions: 1. review by the Planning and Zoning Commission of a site development plan, and final tower design, height, and building materials; 2. that the tower be constructed to accommodate other antennas; 3. security fences or other safety devices be placed around the tower and where guy wires are anchored to the ground; and 4. approval of a license by the Federal Communications Commission is required prior to the lease being executed; if the lease is not executed within a year, it shall be reviewed again by the Planning and Zoning Commission prior to execution. In recommending approval of this lease the Commission commented that: 1. there was no objection from the aviation community to a tower in this location; 2. the Commission did not feel that the leasing of this property would interfere with long -range plans being prepared by the hospital; and that the proposed time frame for this lease period is a maximum of six years (1 year to meet the lease conditions and a 5 -year lease). The Commission did not believe the hospital would need this property within the next six years. If after this time the hospital did require the property, the lease should not be renewed. Pb January 17, 1985 William J. Glynn P.O. BOx 2615 Kodiak, AK 99615 Dear Mr. Glynn: Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615.1246 PHONE (907) 486•5736 Re: CASE 84-135. Request for a variance from Section 17.33.060 (Building Height Limit), a conditional use perMit in accordance with Section 17:33.030 (Conditional Uses) and a request for a Lease of'Borough land in accordance with Section 18.040.020(A) to permit a 150 foot high radio transmitter in the PL-Public Use Lands District. A portion of Lot 2, Block 1, Hospital Subdivision. Located on Borough property between East Elementary School and the Kodiak Island Hospital. c,_:The-Flanhing -and--Zoriing-Commi-ssioh--at-theit-Jahtia-fy-I6-, _ •. -,-IriteetIng-Pad-az-fe-seauf15hkecommending-that-the-Borough-AsseMbry-app-t6Ve--, --- _ --a-five-year-TreneWable.21.6aSe—Cfla:97424uare-foot-area-of-Borough. property (a portion of Lot 2, Block 1, Hospital Sui6ailliiii5-5):7Thi-S---' parcel is to be utilized for a radio ransmitter and tower site and is-‹74tbject to-the_following_conditions: 1. Review by the Planning and Zoning Commission of a site development ' plan, and final tower design, height, and building. materials; . 2. That the tower be constructed to accommodate other antennas; 3. Security fences or other safety devices be placed around the tower and where guy wires are anchored to the ground; and 4. Approval of a license by the Federal Communications Commission required prior to the lease,being executed. If the lease is . not executed within a year, it shall be reviewed again by the Planning and Zoning Commission prior to execution. This item will be included on the Assembly's February 7, 1985 Agenda. Should you have any questions, please call me at 486-5736, extension 258. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Bud Cassidy, Asijstant Planner/Zoning Officer BC/pm cc: Rase 84-135 City Clerk KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION NO. 85 -01-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING THE LEASE OF CERTAIN BOROUGH PROPERTY FOR TRANSMITTING ' AND RECEIVING TOWERS: WHEREAS, Section 18.20.030 of the Borough code requires review by the Planning and Zoning Commission of each disposal of Borough land, and WHEREAS, Sections 18.20.120 and 18.40.020 set out guidelines by which Borough land may be leased, and WHEREAS, there is a growing need to locate transmitting and receiving towers that service the Kodiak area in distortion -free locations with easy access for maintenance, isolation for safety, and aesthetics, and on elevated ground away from physical features for a clear signal, and WHEREAS, the Planning and Zoning Commission has received an applica- tion requesting the lease of a portion of this site for a radio transmitter and tower, and WHEREAS, the Planning and Zoning Commission has held an advertised and notice public hearing, and WHEREAS, the Borough is the owner of vacant land in Lot 2, Block 1, Hospital Subdivision. NOW, THEREFORE, BE IT REBOLVED that the Kodiak Island Borough ' Planning and Zoning Commission recommends a 9,742.5 square foot area of Lot 2, Block 1, Hospital Subdivision, be leased for five years with an option for a five -year renewal subject to the following'conditions: 1) Review by the Planning and Zoning Commission of a site develop- ment plan, and final tower design, height, and building materials; 2) That the tower be constructed to accommodate other antennas; 3) Security fences or other safety devices be placed around the tower and where guy wires are anchored to the ground; and 4) Approval of a license by Federal Communications Commission is required prior to the lease being executed; if the lease is not executed within a year, it shall be reviewed again by the Planning and Zoning Commission prior to execution. ' PASSED AND APPROVED this r.ip day of by the Kodiak Inland Borough Planning and Zoning C ssick{. KODIAK ISLAND BOROUGH ATTEST: By,c -mac Community D pment Director , 1985 Planning and Zo on Chairman the lease but that any lease ' . ed should require strict accountability and be subject(ieviev on a regular basin. The resolution presented seems to .. r WBCC's concerns. RANDY COVEY, Program Coordinator for Northern Lights Riding for the Handicapped (NLRH), indicated the only problem NLRH would have with the resolution presented would be the one year term and asked that the tera.be changed to five years with numbers 2, 3, 4, 5 and 6 of the proposed resolution remaining unaltered. Mr. Covey indicated that NLRH met on January 15, 1985, elected officers for the Board of Directors, and is actively pursuing its tax - exempt status from the IRS. COMMISSIONER HILL asked Mr. Covey if any of the Board of Directors were present this evening. Mr. Covey replied that Joe Bradman is present. COMMISSIONER KNIGHT questioned Mr. Covey concerning the necessity of having a five year term of lease to secure state funding. Mr. Covey explained that permanent structures would be required and that NLRH would need a place to board the horses. DAN MACIAK indicated that in his opinion NLRH has no program and that NLRH has had more than sufficient time to establish a program and is opposed to any lease to NLRH. RANDY COVEY indicated that there was a program and children did ride during the past year. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL. indicated that he would not be opposed to the one year term of lease because.of the needs of the handicapped community. COMMISSIONER KNIGHT as a father of a handicapped child would like to see programs available to handicapped children and thinks the resolution as drafted provides the opportunity to teat the .sincerity, and the ability of NLRH to develop a program that provides these services. COMMISSIONER JAMES MOVED TO APPROVE the resolution as presented by the Community Development Department recommending the Assembly enter into an agreement to lease a portion of Lot 1, U.S. Survey .2539. The motion was seconded and CARRIED by unanimous roll call .vote. B) CASE 84 -135. Request for a variance from Section 17.33.060 - ' '(Building Height Limit);, a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a Tease of Borough land in accordance with Section 18.040.020(A) to permit a 150 foot high radio transmitter in the PL- Public Use Lands District. A portion of Lot 2, Block 1. Hospital Subdivision. Located on Borough property between East Elementary School and the Kodiak Island Hospital. LINDA FREED indicated additional information: information provided to the Assembly by the Borough Manager from Flirite and information from the - Borough Assessor, also public hearing notices from•the Kodiak Baptist Mission. Asa Beehler, and the Kodiak Island Hospital's Administrator James Gingerich. Regular Session Closed. Public Hearing Opened: BILL GLYNN reiterated his intent to establish a site inside the City limits suitable for local FM radio use (and possible TV use in the future) meeting all the FCC criteria for such a site as discussed at the work session. COMMISSIONER HILL asked if Mr. Glynn had seen a copy of the proposed resolution. Mr. Glynn indicated that he had no problems- with the resolution as written and stated that the - hospital's objections were groundless considering the amount of VHF equipment within the building. COMMISSIONER RENNELL asked how P & Z Regular Meeting -2- January 16,, 1984_ - - +F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - January 16, 1985 I CALL TO ORDER The Regular Meeting of the Planning and Zoning'Commission was called to order at 7 :35 p.m. by Chairman Gregg on January 16, 1985 in the Borough Assembly Chambers. ROLL CALL Commissioners Present: Ken-Gregg, Chairman Steve Rennell Tim Hill Dan James Marlin Knight • Mike Anderson Fred Patterson III APPROVAL OF AGENDA Others. Present: Linda Freed, Director Community Development Department Bud Cassidy, Assistant Planner/ Zoning Officer, Community Development' Department Dave Crowe, Borough Engineer Engineering Department Patricia Miley, Secretary Community Development Department COMMISSIONER HILL MOVED TO APPROVE THE AGENDA. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS: COMMISSIONER KNIGHT requested his comments regarding Case 84 -132, page 4, be amended to more thoroughly reflect the intent of his statement. COMMISSIONER HILL MOVED. TO ACCEPT the minutes of the December 19, 1984 Planning and Zoning Commission Meeting as AMENDED. The motion was . seconded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no Appearance Requests nor Audience Comments. VI PUBLIC RFARTNGS A) CASE 84 -134. Request for a twenty -five year lease of 11.2 'acres of Borough property legally described as a portion of Lot 1, U.S. Survey 2539, known as Nixon's. Ranch in accordance with Section 18.40.020(B) of the Borough Code. (Northern Lights Riding for the Handicapped) LINDA FREED indicated additional handouts related to this case: a letter from Jack Cripe of the Kodiak Rodeo Association. a. letter from Jim Cobis, and a copy of a proposed resolution. Regular Session Closed. Public Hearing Opened: JANE NUTTALL, a spokesperson for the Association of Retarded Citizens of Kodiak (ARCK), stated that ABCK supports the concept of a horseback riding program for the handicapped and the use of Borough land for that purpose. but requested the Planning and Zoning Commission be cautious in granting this lease due to the difficulties that Northern Lights Riding for the Handicapped has encountered in organizing and providing a regular program - schedule. ARCK recommended this lease be granted for a period of one year and that a careful evaluation be done after that period to determine renewal. MARY MATHES, Chairperson of the Women's Bay Community Council (WBCC), indicated that WBCC feels that the request would be an appropriate use of this property and that WBCC voted to voice non - objection to far away the hospital is from( site. Mr. Glynn indicated several hundred feet and well`_sw the horizontal plane of the transmitting antenna that he is intending to put on the tower. COMMISSIONER GREGG asked if the FCC license is contingent on the lease. Mr. Glynn indicated that it was not but that he needed a site for an application for a construction permit. COMMISSIONER GREGG indicated that the hospital would have a master plan drawn . up by July or August of 1985 that would outline the hospital's use of the property through the end of the century and if Mr. Glynn's plans could proceed with an alternative site. Mr. Glynn indicated that his alternative would be a very poor second and prefers to use this particular site. COMMISSIONER KNIGHT asked if at the end of the five -year lease the tower might be disassembled. Mr. Glynn indicated that he hoped not but that there was that possibility. COMMISSIONER KNIGHT asked if Mr. Glynn would go ahead with the investment for the tower with that condition. Mr. Glynn indicated he would. COMMISSIONER KNIGHT asked if the hospital's master plan would be completed by July. LINDA FREED indicated that was the hospital's intent as stated in their letter. COMMISSIONER KNIGHT indicated that even with the master plan he doubted a helicopter pad would be constructed in three years and asked if the hospital had a timeframe or a definite goal. LINDA FREED indicated that in terms of what the Hospital Advisory Board has provided, "no," but that at a meeting in two weeks time the Borough Assembly will be talking with the City of Kodiak about a site for a helicopter pad that is not on the hospital property. Whether the Hospital Advisory Board is involved in those discussions, Ms. Freed did not know; it may be that two different agencies are looking at two different sites. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL indicated that he saw no interference between the proposed helicopter pad and the radio antenna. COMMISSIONER PATTERSON concurred with Mr. Hill and felt that if the hospital needed the land at the end of the five year period the lease could be either reviewed or renegotiated at that time. , COMMISSIONER GREGG stated that he tended to agree and that five years was a reasonable period of time. COMMISSIONER RENNELL asked staff if this lease had been turned down by the Borough Assembly. LINDA FREED indicated that a letter of request went to the Borough Assembly, it was approved at one meeting and it was rejected at the next. In the interim staff had indicated to Mr. Glynn that there were some Planning and Zoning approvals that he would need to get prior to the Assembly's accepting the lease. Mr. Glynn chose to continue with the Planning and Zoning Commission process. COMMISSIONER RENNELL asked what will happen if this is passed. LINDA FREED indicated, that this will be forwarded to the Borough Assembly with the Planning and Zoning Commission's recommendation attached. COMMISSIONER RENNELL asked if the Borough Assembly 'would then decide to reconsider or reject the resolution. LINDA FREED indicated that the Borough Assembly would then have a Planning and Zoning Commission recommendation in addition to the request letter from Mr. Glynn and the other information provided by the Borough Manager at the Assembly's request. COMMISSIONER HILL MOVED TO APPROVE A VARIANCE from Section 17.33.060 (Building Height Limit), a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a lease of Borough land in accordance with Section 18.040.020(A) to permit a 150 foot high radio transmitter in the PL- Public Use Lands District. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HILL MOVED TO APPROVE A RESOLUTION recommending the Borough Assembly lease a portion of Lot 2, Block 1, Hospital Subdivision as proposed by staff. The motion was seconded. P S Z Regular Meeting -3- January 16. 1984 Discussion followed concerning ,term of the lease. COMMISSIONER PATTERSON MOVED TO AMEND THE MOTION RESOLUTION to include a statement that if the lease is not executed within one year it shall be reviewed again by the Planning and Zoning Commission prior to execution. The motion was seconded and CARRIED by•unanimous roll call vote. COMMISSIONER GREGG called for a roll call vote on the main motion as amended. The motion CARRIED by unanimous roll call vote. FINDINGS OF FACT were delineated as follows: 1. The Commission does not feel that this use will interfere with the long -range planning of the hospital; 2. The term of the lease is for a five -year period but that a commitment of six years would not interfere with the hospital's long range planning. The lease is subject to review at the end of the five -year period; and 3. There was no objection voiced by the aviation community. ,COMMISSIONER HILL MOVED TO ADOPT THE FINDING OF FACTS. The 'motion-was seconded-and CARRIED by-unanimous-voice -vote. C) CASE 84 -136. Request for a variance from Section 17.19.040(A)(Front Yards) to permit the construction of a single - family home that encroaches 19 feet into the required 25 foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision. LINDA FREED indicated additional information: a public hearing notice from Ruth Hansen; and a correction with a site plan from the staff (the encroachment is only 6 feet, but due to a mathematical error on the site plan, the variance ought to be granted for 7 feet). Regular Session Closed. Public Hearing Opened: KATHRYN KINNEAR indicated she did not necessarily object to the variance for the front setback requirement but that she did object to the approach taken in this matter concerning the road. Ms. Kinnear also expressed concern about the density of this area and development of this portion of the hill. COMMISSIONER GREGG suggested Ms. Kinnear talk to the City of Kodiak and Mr. Thompson concerning the road. MIKE ARNDT, general contractor for Mr. Thompson, indicated that the road project was not completed at this time but that all measures were taken to work with the people affected in the neighborhood and that in putting the road through the area all equipment, etc., remained within the boundaries of the easement granted by the City of Kodiak. JIM RIPPEY, general contractor for Mr. Thompson, indicated that Mr. Thompson wants room for one car to get to his lot and a turn- around area. The excavation done has been taken down to bedrock and there ought to be no sloughage. Public Hearing Closed. Regular Session Opened: COMMISSIONER PATTERSON asked what variance was granted to the Kinnears on their setback. Mr. Rippey indicated it was 17 feet in 1978. COMMISSIONER PATTERSON indicated that he had been to the site after the recent heavy rains and that he did not notice any sloughage problems and that the 7 foot setback seemed reasonable for the area. COMMISSIONER RENNELL agreed with Mr. Patterson. P & Z Regular Meeting -4- January 16, 1984 r Kodiak Island Hospital /Tel-) — 1915 East Rezanof Drive Kodiak, Alaska 99615 January 15, 1985 Planning & Zoning Commission Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 1 J 151F /776, JAN 1985 EDE LE OE Subject: Information Related to a Variance Request (1■To. 84-135) Submitted by William J. Glynn Gentlemen: I appreciate having an opportunity to express some concerns about the variance request. Kodiak Island Hospital and Advisory Board have same concerns over the Planning and Zoning Commission acting positively in reference to this request. The reasons for concern are as follows: 1. Kodiak Island Borough has recently entered into an arrangement with an architectural firm, Mills, John and Rigdon, Who will be doing a facilities master plan and schematic designs related to Kodiak Island Hospital. This firm will be entertaining and studying the needed health care facilities for Kodiak Island Hospital for the present and into the future ten or fifteen years for Kodiak Island. 2. This facility master plan will potentially deal with two main concepts. The first conceptHAould be to remodel the existing hospital facility to meet the health care needs of today and tomorrow. The second concepL could conceivable entertain the fact that a new hospital facility would need to be built and located in the proximity of the present hospital setting. This would create a concern from the Hospital Advisory Board standpoint of the utilization of space in placing a radio tower adjacent to the hospital setting. 3. As in the attached communication, we have expressed same concerns over placing a tower in the close proximity of a hospital for the stated reasons. At the same time it would not seem to be prudent judgement on the part of the Planning & Zoning Commission to act upon this request now. Please take into consideration that between now and August of 1985 a facilities master plan will be completed and action taken by the Kodiak Island Borough related to that master plan. Leased by Lutheran Hospitals & Homes Society Planning and Zoning Commission January 15, 1985 Page 2 In light of this it would not seem appropriate that action be taken at this time until the results of that study are reviewed and action taken. It could be that the space allocated for the radio tower would directly interfere with the land utilization and the health care needs of Kodiak Island residents. If the Planning and Zoning CoMmission would have further questions related to any of the above statements or concerns, I would be happy to provide additional information or input. Sincerely, /a/M-4d- James H. Gingerich Administrator JHG/p Attachment - KODIAK ISLAND BOROUGH munity Development Department 710 Mill Bay Road Kodiak, Alaska 99615 %.• Kocilal% Alaska 1!D troy, ut_b AM P A cic`? iiP11111V1112H01:qN PUBLIC. HEARING NOTICE NOTICE DATE: January 3, 1985 CASE NUMBER: 84-135 An application for " . a variance was filed with the Kodiak Island Borough Community Development Department by: William J. Glynn The application requests: from Section 17.33.060 (Building Height Limit), a condi- tional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a lease of Borough land in accordance with Section 18.040.020(A) to permit a 150 foot hIii radio transmitter in theL-Public Use Lands District. A portion of tOt-2-, ----- Block 1, Hospital Subdivision. Located on Borough property between East Elementary School and the Kodiak Island Hospital. The Planning and Zoning Commission will hold a PUBLIC HEARING on this request at their regular meeting at 7:30 p.m. on Wednesday, January 16, 1985 in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Commission will also review all items on their agenda for the regular meeting on the preceding Wednesday at 7:30 p.m. in the Borough, Conference Room. This meeting is open to the public. You are being notified-because you are a property owner in the area of the request. This is the only scheduled PUBLIC HEARING on the request at this time, and you are invited to appear before the Commission to express your opinion. If you cannot attend this PUBLIC HEARING and Wish to comment on the request, fill in the bottom of this notice and return it to the Community Development Department, 710 Mill Bay Road, Kodiak, Alaska, 99615. Your returned comment should be received PRIOR TO THE SCHEDULED MEETING DATE. A vicinity map showing the property involved is included on the back of this form. If you have any questions on this matter, please feel free to call our office, the Community Development Department, at 486-5736. YOUR NAME: ' ADDRESS: /3--e7' 2-6 VS-- YOUR PROPERTY DESCRIPTION: t-t/74 imAiegv Ref . . COMMENTS : %2 „ • ."?`} d,b,;AL ,tfAn„ Arg.d. US SURVt r ;EL ESTATES. D AD cuRV E KODIAK ISLAND BOROUGH ITEM VI(B) MEMORANDUM DATE: January 8, 1985 TO: Planning and Zoning Commission FROM: Community Development Departmen SUBJ: Information for the January 16, 1985 Regular Meeting RE: CASE 84-135. Request for a variance from Section 17.33.060 (Building Height Limit), request for a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a lease of Borough land in accordance with Section 18.40.020(A) to permit a 150-foot-high radio transmitter in the PL-Public Use Lands district. A portion of Lot 2, Block 1, Hospital Subdivision. Located on Borough property between East Elementary School and the Kodiak Island Hospital. (William J. Glynn) Nine public hearing notices were mailed on January 3, 1985. 1. Applicant: William J. Glynn, P.O. Box 2615, Kodiak, AK 99615. 2. Land Owner: Kodiak Island Borough, 710 Mill Bay Road, Kodiak, AK 99615. 3. Request: A variance from Section 17.33.060 (Building Height Limit), request for a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a lease of Borough Land in accordance with Section 18.40.020(A) to permit a 150-foot-high radio transmitter in the PL-Public Use Lands district. 4. Purpose: To lease Borough land o locate a radio transmitter for a locally owned and operated commercial radio station. 5. Existing Zoning: PL-Public Use Lands. 6. Zoning History: The 1968 Comprehensive Plan indicates the zoning of this lot as "Public and Semi-Public" lands and "Residential-Unclassified." Though this lot had dual zoning, Ordinance 83-30-0 rezoned Lot 2 from Service/Recreational to PL-Public Lands. 7. Location: No physical address assigned. A portion of Lot 2, Block 1, Hospital Subdivision. 8, Lot Size: 8.69 acres. 9. Existing Land Use: Vacant. 10. Surrounding Land Use and Zoning: North: South: East: West: Lot 1, Block 1 Zoning-PL, Use Lot 3, Block 1 Zoning-PL, Use Lot 16 and Lot Use-Vacant. Remainder of Lot 2, Block 1, Hospital Subdivision, U.S. Survey 3511. Zoning-P1, Use-Vacant. , Hospital Subdivision, U.S. - Cemetery. , Hospital Subdivision, U.S. - Hospital. 2, Block 1, U.S. Survey 3511 Survey 3511. Survey 3511. . Zoning-RR1, 11. Comprehensive Plan: The Comprehensive Plan identifies this lot for Hospital and School Reserve. 12. Applicable Regulations: Chapter 18.40 (Leasing of Real Property or Interest Therein), Section 18.40.020(A) (Negotiated Leases), states: "The assembly may approve by resolution the issuance of a negotiated lease for a period not to exceed five years if the annual rental value of the property is five hundred dollars or less and no competitive interest for the property is apparent." COMMENTS: The applicant is proposing to erect a radio transmitter in the corner of Lot 2, Hospital Subdivision, for use as a private FM radio station. Including guy wires supporting the tower, the transmitter will utilize 9,742.5 square feet of a lot that contains 8.69 acres (378,536.4 square feet). A review of this request should consider two aspects: A. The Borough land lease policies; and B. the appropriateness of the request. A. Land Lease Policies of the Borough Borough land lease policy is found in Chapter 18 of Borough code, specifically Sections 18.20 and 18.40. Though the code discusses the procedure of leasing land, it does not offer any real policy direction. The Borough has not offered any land for lease lately, preferring not to be in the leasing business. One thought is that the land the Borough has title to should either be utilized, reserved for specific uses, or disposed of. Because of this philosophy, very little Borough land has been leased, although the Borough is a very large landholder on the island and there have been numerous requests. Other reasons for this are varied, but a major explanation is that Borough land has not been identified, inventoried, catalogued, or classified, nor has the Borough assessed its own needs. Because of this situation, little land has been leased or sold. In fact, many of the existing leases were originally land leased and administered by the State prior to being selected by the Borough. Case 84-135 -2- January 8, 1985 The leasing of Borough land is appropriate when it benefits the public. Borough land is land owned by all Kodiak Island residents, and the leasing or disposal of Borough property should be done so in the public interest. Physical limitations and scarceness of resources is another justification of leasing Borough land. Good examples of this are the leasing of gravel in Bell's Flats and the leasing of land adjacent to a salmon stream on Shuyak Island for a fish hatchery. The leasing of land now, prior to the eventual long-range use of the land by the Borough, may be appropriate if the use will not hinder any final development plan. B. Appropriateness of the Request Proper siting of transmission towers, especially for FM radio, are limited to high ground to allow unobstructed line-of-site signaling and away from hillsides to prevent a "rebounding" of the signal. Accessibility for maintenance, semi-isolation for safety, and aesthetics also should be considered. Lot 2, Block 1, of the Hospital Subdivision has all the characteristics not only for this tower but for all towers. Ownership of the parcel not withstanding and strictly from a land use perspective, this area is an appropriate location for the placing of radio transmitting towers. C. Analysis The use of this area as a site for a radio tower for a single commercial radio station may not be as appropriate as a location to accommodate all transmission or receiving towers. Tower locations should be limited to a specific location for safety concerns--ground and air safety. A single location is more beneficial than the scattering of towers all around town. One tower can also house from two to four antennas depending on size of the antenna. In this age of growing communication needs, radio tower space may be at a premium. D. Code Requirements Because the annual rental value of the property in question exceeds five hundred dollars, Borough code Section 18.40.020 (Negotiated Leases) requires that the land lease must be competitive. Code Section 18.20.030 also states each disposal of Borough land is subject to review by the Planning Commission before submission to the assembly. The Commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. VARIANCE: A variance from Height Requirements is part of this request. In order for a variance to be granted, all of the following conditions must be satisfied: Case 84-135 -3- January 8, 1985 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Because of the line -of -site nature of radio signals or the need to reach more of an audience, requiring tall towers, and because the trees in the subdivision are, in some cases, over one hundred feet, the 50 -foot building height requirement in the PL- Public Land District is not practical in this case. The property is also vacant, isolated from residences, and not scheduled for development. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the building code would not allow a radio tower to be erected on this site because of the need to be higher than the fifty -foot requirement. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. The property is vacant, isolated, and sits higher than most of the rest of the city. It will not prejudice other properties in the vicinity, and should have minimal aesthetic impact. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The use of this site for towers and antennas is in the public interest. Concentrating antennas in a single location decreases visual clutter and increases safety for air traffic and safety from vandalism. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant did not create special conditions from which relief is being sought. The parcel of land requested for lease has special physical attributes as a tower site. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Radio transmitters are a conditional use in the PL- Public Use Lands District. CONDITIONAL USE: The purpose of a conditional use permit is to allow a request to come before the Commission for review for compatibility with surrounding uses. Because of other aspects of this case requiring Commission input, an overall review is being done. Case 84 -135 -4- January 8, 1985 • 4 RECOMMENDATION: It is staff's opinion that this request for a land lease be approved for five years with an option to renew for five additional years because of the appropriateness of the site and because in staff's opinion this request meets the requirements of granting a variance and conditional use permit. The following are conditions of approval of this request: 1. Prior to installation of the tower, the Commission review the tower for site development, design, height, and building materials; 2. that the tower be constructed to accommodate other antennas; 3. security fences or other safety devices around the tower base and where the guy wires are anchored in the ground be required; and 4. execution of the lease be subject to approval of an FM licence by the Federal Communications Commission. APPROPRIATE MOTION: Should the Commission agree with the staff's analysis, two motions are specified below: 1) "Move to approve a variance from Section 17.33.060 (Building Height Limit), and a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) of Borough code to permit a structure that is 100 feet greater than the required building height limit on PL-Public Use Lands," and 2) "move to approve a resolution to the Borough assembly for lease of Lot 2, Block 1, Hospital Subdivision." Case 84-135 -5- January 8, 1985 u S SURVEY 3468 • THI pELL ESTATES. AD S - 4 2 Case 84 -135 A portion of Lot 2 Block 1 Hospital Subd. R = 500' from lot's edge 3469 UNIT 2 BDIVI RVEY Misslo 2 8 43. s SUB. VEY : ;at • .e34 •'• -;•••-•;-• • /,/ 5 .50 3L-AR/I1-7') "" (092.62-44-• -4,92 4;9 ' . Cr'"? „ 2 • 0'4 • . • , LOT • .5. 92 "A`.- • . . . - . . • . — b.` ,„„7 dr" • %14 ,";;;;-.-n•.•107 • "T• • • ■■•••.0 SC p•••• i't X.G el.*, **,,„?..44,;";0,■ 401.7. -4' • ..-' ., ' r; ,••••,......;::4 ...., -7'.:4...icr...1 "•,.:::.!:-,?..7.'Z • -• e'AltrAfaZ,-4e.4 A•3 A ....veVO.C/A.. • ' • 4O ••• oF 44..". • - • .130t1t I .1" .."1 ‘2:ler•er7:''."' "7". • / if • • 4:0 • • • . • . <4.*';417r:FT'--- , • ••••••-- Eel v84,-6 -74 Lfro/Ley-e-ie_.— // KODIAK ISLAND BOROUGH �-, 'i1—unity Development Department �. 710 Mill Bay Road Kodiak, Alaska 99615 PUBLIC HEARING NOTICE NOTICE DATE: January 3, 1985 CASE NUMBER: 84 -135 An application for a variance was filed with the Kodiak Island Borough Community Development Department by: William J. Glynn The application requests: from Section 17.33.060 (Building Height Limit), a condi- tional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request -for - a lease -of- Borough wand- in- accor-dance__with Section _18.04 0.020(A)_to - permit a_150_ foot high radio transmitter in the PL- Public Use Lands District. A portion of Lot 2, Block 1, Hospital Subdivision. Located on Borough property between East Elementary' School and the Kodiak Island Hospital. The Planning and Zoning Commission will hold a PUBLIC HEARING on this request at their regular meeting at 7:30 p.m. on Wednesday, January 16, 1985 , in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Commission will also review all items on their agenda for the regular meeting on the preceding Wednesday at 7:30 p.m. in the Borough, Conference Room. This meeting is open to the public. You are being notified•because you are a property owner in the area of the request. This is the only scheduled PUBLIC HEARING on the request at this time, and you are invited to appear before the Commission to express your opinion. If you cannot attend this PUBLIC HEARING and wish to comment on the request, fill in the bottom of this notice and return it to the Community Development Department, 710 Mill Bay Road, Kodiak, Alaska, 99615. Your returned comment should be received PRIOR. TO THE SCHEDULED MEETING DATE. A vicinity map showing the property involved is included on the back of this form. If you haverany questions on this matter, please fee ,free to call our office, the Community Development Department, at 486 - 5736. YOUR NAME: Kodiak Baptist Mission ADDRESS: Box 785 YOUR PROPERTY DESCRIPTION: Commercial COMMENTS: No objection h4 Kodio' c !stone! QorQ;rgh Kdfcrk Alcisk ei iV 9 1 _: U S SURVEY 34 6 H RUSSET ESTATES rHIRD AD fink �NOFF1, %RVEY Missi• µ0 3'» 3469 • UNIT 2 BDI1 UNIT 4 G SUR"VE 39 26 _ ,p5telb /11 1 KODIAK ISLAND, -JUGH RESOLUTION N0, 85-8-K A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY DECLARING CERTAIN LAND AVAILABLE FOR LEASE FOR A RADIO STATION. WHEREAS, the Kodiak Island Borough has a 8.09 acre tract of land known as the Hospital Subdivision Tract which has a portion of U. S. Survey 3511 Lot 2, Block 1 that is not being used by the Kodiak Island Hospital at this time, and WHEREAS, the Kodiak Island Borough has received a request to lease a 150 foot triangular corner of the unused portion as the site for a radio station transmitter and tower with antenna, and WHEREAS, the Federal Aviation Administration and local pilots foresee no interference to Kodiak flight patterns caused by a radio tower at this location, and WHEREAS, the Kodiak Island Huspital foresees no interference with hospital operations caused by a radio tower at this location, and WHEREAS, Kodiak Island Borough Code 18.40.050 determines the method of establishing the rental rate based on the fair market value of the land, and WHEREAS, Kodiak Island Borough Code Sections 18'40'010, 18.40'020 and 18.20.120 provide for bidding on leases in excess to $500 per year. NON, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough declare the 150 foot triangle of land on the North Corner of U. S. Survey 3511, Lot 2, Block 1 to be available for lease as the site of a radio transmitter and tower with antenna subject to the following conditions: 1. Approval of the Planning & Zoning Commission for a conditional use permit for the radio transmitter and tower. 2. Approval of the Planning & Zoning Commission for a variance for a tower in excess of 50 feet. 3. Approval and guaranty of a license the Federal Communications Commission for a radio station to the leasee. 4' The leasee provides a survey by a licensed surveyor of the land to to be leased. AND BE IT FURTHER RESOLVED that a public outcry auction for this lease will be held during the public hearings at the regular Assembly meeting of February 7, 1985. PASSED AND APPROVED this day of , 1085. KODIAK ISLAND BOROUGH ATTEST: By Borough Clerk By Borough Mayor KODIAK ISLAND BOROUGH KODIAK, ALASKA 99615 LAND LEASE This lease agreement made on the day, month and year last herein specified, by and between the Kodiak Island Borough, a municipal corporation existing under the laws of the State of Alaska, hereinafter "KIB", and William J. Glynn, Jr,, hereinafter "TENANT", was authorized by the Borough Assembly by Resolution No. , dated February 7, 1985, attached hereto and made a part hereof. For and in consideration of the mutual covenents and agreements hereinafter stated, the KIB does hereby agree to lease the TENANT the real property describeri in Appendix A on the following terms, conditions, and covenants. 1. Property. The real property to be leased is described in Appendix A, attached and made a part hereof. 2. Term. TENANT shall be entitled to possession of the demised real property for a term of three (3) years commencing upon TENANTS license approval for a radio station from the FCC and ending at midnight five years thereafter unless sooner terminated as provided herein. 3. Rental. TENANT agrees to pay an annual rental in the amount uf:Une Thousand and Forty Dollars ($1040.00) in advance on the first day of pachileuse year during the term of this agreement, or in equal monthly installments of Eighty-Six Dollars and Sixty-Seven Cents ($86.67). 4. Taxes and Assessments. In addition to the rentals provided in this agreement, TENANT shall pay when due, all taxes, assessments and charges which are levied at any time during the term of this lease upon the leasehold interest and upon the buildings and other improvements on the premises. 5. Land Use. The real property leased shall only be used for a radio station transmitter and tower with antenna. No residential structures are permitted. No additional structures are to be erected without written permissio of the KIB. Any unauthorized residential structures on the property shall be removed and/or vacated not less than ninety (90) days after lease execution. 6. Maintenance of Premises. TENANT shall, at all times, keep and maintai the entire premises in good repair and in a neat, orderly and sightly condition. TENANT shall not cause or permit any litter, debris, scrap or other materials not having a recognized commercial value, or usable by TENANT in his business, including garbage, to be accumulated or stored upon the leased premises. TENANT agrees further that all items stored on the leased premises shall belong to him. Any abandoned vehicles present on the property shall be removed not later than ten (10) days after lease execution. 7. Mineral Rights. No mineral rights accrue to the TENANT by the operatibn of this lease. 8. Rights-of-Way. KIB expressly reserves the right to grant easenients or rights-of-way across the land herein leased if it is determined to be in the best interest of the KIB to do su. TENANT shall be compensated for all improve- nents which are damaged or destroyed as a result of such easement or right-of- way. 9. Waste. TENANT shall not commit waste or injury upon the real property leased her:el-ITT 10. KIB Code. TENANT agrees to abide by those portions of the Kodiak Island Borough Code dealing with Buildings, Land Use, and Real Property. 11. Inspection. KIB, through authorized employees, may inspect the leased premises at any reasonable time to determine if the terms and conditions of this agreement are being fulfilled. 12. Subleasing. TENANT shall not sublease all or any portion of the real property herein demised without first obtaining the written consent of the KIB. 13. Assignment. TENANT shal ,asign the real property, or por on thereof, herein demised. 14. Modification. This lease may not be modified orally or in any manner other than by an agreement in writing signed by both of the parties hereto. 15. Cancellation. This lease may be cancelled, in whole or in part, under one or more of the following conditions: A. While in'good standing by the mutual agreement in writing of both parties hereto. B. If issued in error with respect to material fact. C. If the leased premises are being used for any unlawful purposes. D. If the lease is in default for more than thirty (30) days as provided in Section 10 following. E. If the leased premises are deemed to be necessary for KIB use in conjunction with the operations of the Kodiak Island Hospital. 16' Default. If the TENANT should default in the performance of any of the terms, covenants or stipulations herein contained, or of the regulat*mx or ordinances of the Borough, and said default shall not be remedied within thirty (30) days after written notice of such default has been served upon the TENANT by the KIB, and TENANT shall be subject to such legal action as the KIB shall deem appropriate, including, but not limited to, the forfeiture of this lease. No improvement may be removed by the TENANT during any period in which this lease is in default. In the event that this lease shall be terminated because of a breach of any of the terms, covenants or stipuations contained herein, the rental payment last made by the TENANT shall be retained by KIB as liquidated damages. 17' Notice. Any notice or demand which must be given or made by the parties hereto shall be in writing and shall be completed by sending such notice or demand by certified mail to the addresses which follow: KODIAK ISLAND BOROUGH TENANT Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 William J. Jr. Post Office Box 2615 Kodiak, Alaska 99015 18. Surrender of premises. Upon the expiration, termination or cancella- tion of this lease, unless the same has been reinstated, the TENANT shall quietly and peaceably leave, surrender and yield up to the KIB, all of the leased land on the date of expiration, termination or cancellation. 19. Non-Waiver. The receipt of rent by the KIB, with or without knowledge of any breach of the lease by the TENANT, or any default on the part of the TENANT in observance or performance of any of the conditions or covenants of this lease, shall not be deemed to be a waiver of any provision of this lease. No failure on the part of the KIB to enforce any covenant or provisions herein contained, nor any waiver-of any right hereunder by the KIB, unless in writing, shall discharge or invalidate such terms or covenants or affect the right of the KIB to enforce the same in the event of any subsequent breach or default. 20 owned by the TENANT shall, within ninety (901 days after the termination of the lease, be removed by him; provided such removal will not cause injury to the land; and provided further that the KIB may extend the time for removing such improvements in cases where hardship is proven. 21. Hold Harmless. TENANT does hereby covenant to indemnify and hold harmless the KIB against any and all claims arising from the conduct and management of or from any work or thing whatsoever done in and about the demised premises, or any building or structure thereon, or the equipment thereo Land Lease Page 2 during said term, and from and aga(_'all costs, counsel fees, expenses and liabilities incurred in or about any such claims or any action or proceeding brought thereon; and in case any action or proceeding is brought against KIB by reason-of any such claim, TENANT, on notice from KIB, shall resist or defend such action on behalf of KIB, and by counsel satisfactory to KIB, all at TENANT'S sole cost and expense. 22. Severability. If any clause or provision herein contained shall be adjudged to be invalid by a court of competent jurisdiction, it shall not affec the validity of any other clause or provision of this lease, or constitute any cause of action in favor of either party as against the other. AGREED TO THIS DAY OF , 1985. KODIAK ISLAND BOROUGH By Borough Manager TENANT By William J. Glynn, Jr. STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on the day of 1985, before me, the undersigned Notary Public for the State of Alaska, duly ' commissioned and sworn as such, personally came Jerome M. Selby, Manager ;of the KODIAK ISLAND BOROUGH, and acknowledged said instrument was signed and sealed in behalf of the KODIAK ISLAND BOROUGH by proper authority delegated and vested in himself, and acknowedged further said instrument to be the free act and deed of said KODIAK ISLAND BOROUGH. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by seal the day and year last above written. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, before me, the undersigned Notary Public, personally appeared William J. Glynn, Jr., known to me and to me known to be the individual described in and who executed the foregoing instrument; he acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein set forth. WITNESS my hand and official seal. Notary Public in and for Alaska ' My Commission Expires: Land Lease Page 3 January 3, 1985 WYCRANDUM TO: BOROUGH ASSEMBLY FROM: KODIAK ISLAND HOSPITAL ADVISORY BOARD SUBJECT: LEASING OF LAND FOR RADIO TOWER ON KODIAK ISLAND HOSPITAL PROPERTY During their regular meeting on January 2, 1935, Kodiak Island Hospital Adivsory Board spent time discussing the proth anl cons of the Borough leasing land for a radio tower adjacent to the hospital setting. It is the position of the Hospital Board that further consideration needs to be given to this by the Borough Assembly with major concern about the following: 1. The Hospital Advisory Board is concerned that placing a radio tower in the vicinity of the hospital property could potentially interfere with our communication systems. As you know, ambulance services and the hospital depend greatly upon pagers, radio systems and major electronic equipment that could potentially-be influenced by having a radio tower in the vicinity resulting in problems with frequency related matters. 2. Kodiak Island Hospital Board feels the placing of a high tower, even though it is properly lighted, in the vicinity of the hospital could adversely affect the ability of the hospital to have a helicopter landing site adjacent to the hospital in the future. As you know, the Hospital Board has been working recently with the Coast Guard and the City studying the feasibility of building a helicopter pad to serve the health care needs of the people around Kodiak Island. It is a major concern of the Coast Guard Station that any radio tower in the vicinity of a landing area creates a major problem in adverse weather conditions. As you know, many times when we are depending on a helicopter to land an accident victim it is during times of adverse weather conditions. 3. The Hospital Advisory Board also feels the architectural firm and planners that will be hired during the month of January to take a look at the hospital property and the long term needs of the Kodiak Island Hospital should be kept in mind. Between now and July a complete study will be made about howEodiak Island Hospital might be remodeled or rebuilt and serve the health care needs of Kodiak Island residents for the years to come. It appears the Borough Assembly taking this action now may be premature in reference to the results of the study that will be completed and a decision made on these issues by July of 1985. Kodiak Island Borough Assembly January 3, 1985 Page 2 With these particular items in mind it is the position of the Kodiak Island.HoSpital Advisory Board that the Borough Assembly should consider delaying official action on granting this lease request until such time as a more detailed look can be given to all the aspects of placing a radio tower-in close proximity to your community hospital. Kodiak Hospital Advisory Board appreciates the opportunity to provide input to the Borough Assembly on this matter and will be happy to work with you in any way we can to resolve any .conflicts related to this topic. JHG/p Item VI -B ureday, January 9,1985 .KODIAK DAILY MIRROR.;- Assemblvleetl J. n oc ,;■•• ., • N cdevelopment:ordinanc ,2 �g : �. "t!i .a riY .on By TERESSA MOEN Special to the Mirror The Kodiak Island Borough Assembly will hold public hearings tonight i;.on •two or- dinances`changing`the borough's approach to property develop- One of thebrdlnanoes proposes amendments to chapter 70 of the uniform building code.. In the past, virtually every lot In the borough . could be considered "Isolated" with a wide latitude of actions permitted which could be `'.denied If borough code provisions were applied. . The amendment strictly defines an Isolated lot so that virtually none can qualify. The second ordinance regards a' conditions under which certain ublic _testlinonyf 'on- establfsh$ road to provide future, access to ment of a resource management ,lots adjoining the new sub- officer position with the borough division.- .= t , 1=: :.;r •• A;°- administration. If approved, the The 'assemb ki41ti consider a A . new position le expected '• to resolution naming,-.Jan. 6-12 as enable the borough to review land `' 1985 Africa Relief Week. Another . holdings and establish a land : = resolution asks. that the Kodiak disposal program. . A <-'• office of the Commercial Fish- The assembly will sit as a board eries . Entry : Commission be of adjustment to hear an appeal of retained. The governor's budget, an action by the planning and t, which was announced last month, ?' zoning commisson._: . • t' ' eliminated funding for the office._ The appeal Is of certain' con- ! A resolution will' also ask that ditlons attached to a subdivision °150 foot triangle of land owned .1:411;• request by Anthony Perez of Lots ":.the borough be made avallablefor! 18, 17 and 18 of USS . 3101 on lease for a radio statl n trans Mlsslon Reed., The subdivision . ,-•smitter and antennae tower. The 'i was approved subject to certain :,:lease, If approved, for a new FM' conditions Including renaming a -:",station to be located In Kodiak Is_: portion of 'the proposed access -.',contingent' upon several con' road, relocating part of the i'ditions including approval and types of grading are considered proposed access . road,: and ., ex- :,;,igranting of .a license to operate ' . exceptions and : must be sub tension of the proposed access . such a station :by . the Federal Communications Commission."- LI n-first -readings,. the - assembly will hear ordinances that will: - Increase the annual tax from ''.:*.$5.00. to $15.00 for small water- craft under five gross tons. — Restrict the authority of the mayor "to appoint members to borough committees and QOM- • missions. — Establish , the''cost'rof • living Increase for 1985 for' borough employees, - mltted for approval to the planning and zoning commission. , .t Other public hearings slated for tonight's. 8:30 meeting In the borough °: assembly chambers Include . a rezoning request for property ; on Alder Lane in the downtown area of Kodiak. The property Is currently zoned multi - family residential. The ` owners have requested -rezoning to business. The assembly will also 'hear '• ,,r,iA7 .94-& .-----.,, KODIAK ISLAND BOROUGH .41C4/4 Ze RI-el/ nun1ty Development Department . ' 710 Mill Bay Road ' -&) Kodiak, Alaska 99615 . 440/ 40-6- ("itil 442/m44ni 6A/ PUBLIC HEARING NOTICE NOTICE DATE: January 3, 1985 CASE NUMBER: 84-135 An application for a variance was filed with the Kodiak Island Borough Community Development Department by: William J. Glynn The application requests: from Section 17.33.060 (Building Height Limit), a condi- tional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a lease of Borough land in accordance with Section 18.040.020(A) to permit a 150 foot high radio transmitter in the PL-Public Use Lands District. A portion of Lot 2, Block 1, Hospital Subdivision. Located on Borough property between East Elementary School and the Kodiak Island Hospital. The Planning and Zoning Commission will hold a PUBLIC HEARING on this request at their regular meeting at 7:30 p.m. on Wednesday, January 16, 1985 in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Commission will also review all items on their agenda for the regular meeting ' on the preceding Wednesday at 7:30 p.m. in the Borough Conference Room. This meeting is open to the public. You are being notified-because you are a property owner in the area of the request. This is the only scheduled PUBLIC HEARING on the request at this time, and you are invited to appear before the Commission to express your opinion. If you cannot attend this PUBLIC HEARING and Wish to comment on the request, fill in the bottom of this notice and return it to the Community Development Department, 710 Mill Bay Road, Kodiak, Alaska, 99615. Your returned comment should be received PRIOR TO THE SCHEDULED MEETING DATE. A vicinity map showing the property. involved Is included on the back of this forth. If you have any questions on this matter, please feel free to call our office, the Community Development Department, at 486-5736. YOUR NAME: ADDRESS: YOUR PROPERTY DESCRIPTION: COMMENTS: U S SURVEY USSEL ESTATES • THIRD AD 468 S - 4 2 S SL Case 84 -135 A portion of Lot 2 Block 1 Hospital Subd. 3469 UNIT 2 BDIVI! URVEY • f • KODIAK ISLAND BOROUGH Telephones 486 -5736 - 486 -5737 — Box 1246 KODIAK, ALASKA 99615 January 2, 1985 William J. Glynn P.O. Box 2615 Kodiak, Alaska 99615 Dear Mr. Glynn: Re: Case 84 -135. Request for a variance from Section 17.33.060 (Building Height Limit), request for a conditional use permit in accordance with Section 17.33.030 (conditional uses) and a request for a lease of Borough land in accordance with Section 18.40.010(A) to permit a 150 foot high radio transmitter in the PL- Public Use Lands district. A portion of Lot 2, Block 1, Hospital Subdivision. Located on Borough property between East Elementary School and the Kodiak Island Hospital. Please be advised that your application for a variance has been scheduled for review and action by the Planning and Zoning Commission at its January 16, 1985 regular meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this meeting is requested. One week prior to the regular meeting, on Wednesday, January 9, 1985, at 7:30 p.m. in the Borough Conference Room, the Commission will hold a work session to review the, packet material related to your application. You are cordially invited to attend this work session, and to be avail- able to respond to any questions the Commission may have regarding your request. The Community Development Department will be happy to provide you with any additional information. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT lJ rii tic -c.:� `L 4 Patricia Miley.l Planning Secretary pjm cc: Case 84 -135 • Yt.,, • ' U.7JUrTVL� - RUSSEL ESTATES. THIRD A� T V t✓ Casey 35 Blookt portion al Subd. R = 500' from lot's edge 3469 UNIT UBD .171. KODIAK ISLAND BOROUGH • December 6, 1984 MEMORANDUM TO:. Honorable Mayor and Assembly FROM: Jerome M. Selby, Borough Manager RE: Radio Station Land Lease Per your request I contacted Ralph Wright of Flirite, Inc. and asked if he saw any conflict with airspace use between airplanes and the radio tower located near the hospital. Ralph felt that few airplanes would be flying in that area in the normal course of flights and he indicated that a beacon at the top of the tower/antenna should be sufficient. I also contacted Jim Gingerich, administrator of the Kodiak Island Hospital, to determine if the hospital could think of any possible conflict. Jim indicated that the only concern he could think of was the impact of a radio tower that close if a helicopter pad were ever added to the hospital. He would discuss it with the Hospital Advisory Board at their meeting the evening of December 5, 1984. mdd Kodiak Island Borough MEMORANDUM DATE: December 6, 1984 TO: Jerome Selby Borough. Manager FROM: Wayne Haerer, Jr. Assessor/Chief Appraiser SUBJECT: Appraisal of a Portion of Lot 2 Block 1 Hospital Subdivision USS 3511 As per your request, please find the following brief, summary of salient facts and renderence of value: Legal Description: Lot 2, Block 1 Hospital Subdivision USS 3511 (A portion of which is in N.E. corner of same). Size: Portion appraised contains 9,742.5+ square feet, lot 2, block 1 contains 8.69 acres. Zoning: (PL) Public Use Lands. Features: Subject property is located on a ridge overlooking Rezanoff Drive. A majority of the top of the ridge (exact location of subject) is flat to gently sloping. The property is covered by a dense stand of large spruce trees. Said trees provide protection and serenity but at the same time, there is partial ocean view in given locations. The soils are typical for Kodiak. Access to subject area is limited to an unim- proved, narrow and rutted trail which extends off of Chichenof Street.. Highest & Best Use: The highest and most probable use of the subject, in the opinion of the appraiser would be simgle family residential. 4 , Memo: Jerome Selby , ,Page 2 December 6, 1984 Limiting Conditions: The following facts directly impact the highest probable market value and thusly were applied as negative factors to the value construction; 1. •access, 2. zoning, 3. lack of utilities, 4. ownership, 5. hospital covenant. Value: Unencumbered/unadjusted raw land value per acre $58,000 Encumbered/adjusted raw land value per acre $46,400 Appraised value: $10,390, say $10,400 rounded. Rental -Rate: $10,400 x 10% (per annum) - $1,040 Wayne H ) Assessor ief Appraiser WH:sm ••... • u • .t• • 1* ...1:":••, • - •••• ; - ,L,.• . .1 =`: • • 4...1%,..no • , • . 4 CS • •1•01.;,,,..0... S.■ .- A.1 ' • "• •••:•tk .0'0; ...- • --- • 1.. "CY,„P...... ;174: ' .1..,,,,,,Arv0.--5.4:711A-,..„,...... :.:-.-- ...I..., ::. awe:, ,-,..v:- •••,,„•,,, -:-. A es* - ...e.e.*1-......-;.-7-.11:- • to" ' *4 ..., / „WC ti• ':' • 2j..* hi 11' ', • ':. . • • ' '''' . •.' 4 it. ,.....4 ' .'"•,:..a:r"ir,..": ...00' ,....,,i, .....: ,-7:.„....• ... - ::. ;•.:+-•. 044 1.• 4.:4-...t.*-:1-',,tie . :•1 ',:(:,-"•...7:--•+; • • • ...0..,...0 . ., .": 1 t„..; 4, ,t CreT' 0.;* '401) • r • set.' • At • N.1.100, ., . ,..1,.. :,. ifs...,•::".....4.*:...4....e,r,t1.1.-„..1.,,...rirev,.., ..0 - . .4::, II?, „i- r•`',.71 . . ,„.....1.:.•,... j,..;,..,ze r... 7:.- ...... -14eti.7......,...,0:01:131, .:-.:::....i..:: ....:.... ;.0.1.-1::..4:10„. ,....• ; --. .. J.-- •••••• "•••••.:,.....;%::- 1-.• -•;77C-.„ :;-7:3,2-•,-.;-.:::=n.:77..,..21..-0::::•.,..e,r:::,;:::e:„...,,,..,.;,,,,,:....45 4 - ' --"r:; •iit".....P'•-•• .:, .140 • • -11... • .,,-- : --T,.-'54t.0f • 44: :.1": • *":;•:'■4'.?.....':74:4,tfel ,...0•:,:ia,r*:::_tvr •• ---,;:... : ........"..:..0.;,.....";„4 .....p.. ....;,,..c_ ,.• .."...::„•N*....f.."±zi.,..i.'4.....vit:;•%' 1:15-•,.:..c:',..,"::7;:::::.:..'-;.4":-.E .t77,4'.:1:-'`..::: ..;„-:::.. "'"•41* ,* ..e-W. •::.'- •.'...'-' .,. . •• •• ...so' • -** . • .".* • • • • • r ,f .• • •-•?: •■••"' • .• 0.0 •••••. •••0„).., • • :::,••••••:i 1. _�., _�., /CIS n1 x tt Ijodialh Public AkotoftatotomokAot 100.1 fm Broadcasting Corporation P.O. Box 484, Kodiak, Alaska 99615 (907) 486 -3181 December 19, 1984 Jerome Selby, Manager Kodiak Island Borough Kodiak, Alaska 99615 Dear Jerome: 4 Enclosed please find a copy of a letter filed with the FCC in the matter of Kodiak Broadcasting (William J. Glynn, Jr.) and its request for authorization for another FM radio station in Kodiak. At its regular meeting last night, the Board of Directors of Kodiak Public Broadcasting (KMXT -FM) directed that a copy of our comments in this matter be made available to you because of Mr. Glynn's statements in his request to the Borough that express the sentiment that, at present, Kodiak has no local radio station. We desire that the record be set straight, and that while the Borough may have reason to approve Mr. Glynn's request for a lease of public lands for his private enterprise, however, one of them should not be to serve the community be- cause no local radio station currently exists. We would appreciate having this matter mentioned to the Borough Assembly at the appropriate time. We are not objecting to Mr. Glynn's request, that is between he and the Borough. We do, however, desire that all members of the Assembly be reminded that, indeed, Kodiak does have a local radio station in KMXT. Thank you. Sincerely a id W. Thompson General Manager KMXT Is supported In part by a grant from the Alaska Public Broadcasting Commission. Nrr-ber 26, 1984 r ! r • II • • ._ • LL, r7S (2 L • C.; 1: F:7 C Cr. .1 t.s„i n Kcak. 9a6l5 (E‘C17) 4E5-3181 7.-efor the Communications CoTmission D.C. :h= s:et.t=r o=: c Seotion 73.")09(b) =h7e of _siEnments Broadcast Stations K3diek, Alesk= To: The COT7ic-qi07-1 Pl=ase accept this letter as our comments on the application sbit:&d 1-v Kodiak Broadc=stinc. C-omany, Inc. (Kodiak Broadcasting) and ice:ion for.revie7::. ,=7= when referenoe our operation, s=ezion cn o th= _ as follow=: .,. Additionally, noncommercial station =(M) produces lit:le or no local prcErar=ing. Thus, the citi7ers of Kodiak currently nave no truly 1-calraio stations to turn to for local information. e submit the following information to correct the statement made by the petitioners relative to.the question o: local programming and information. • 1. At present, K.T(FM) broadcasts a miniTum of news and information programming alone. 15 hours a week 2. In addition, we freouently broadcast public affairs specials which, bec=use of their nature, are not reflected in our program guide. 3. Ye broadcast a minimum of one (1) public meeting a week, and frecuently are called on to broadcast special meetings in addition to the regular meetings of the City Council. Borough Assembly, and School Board. These mr-ecings vary in len=-th, however, we estimate that a con- servative averase would be three (3) hours per regular meeting. 4. KMXT(FM) broadcasts a variety of other programs produced in our studios by local people, such as Focus on Women and Fiesta Filipin- iana which demonstrate our committment to minority audiences. In -pie .:a:Le: of: --••= rdrent c,r Section %3.202 (b) Table of Asti t-s_ 71.1 Broadcast Stations Kodiak, Alaska Faze Two We a'"=, G_sc tr; _',l ed -- the - :es ion con aired in h= Application fbr R- r &fore_ _ed.: sari " =r =hat " the ----- = r-- i-•` currently - --• - no -- - - _oCal _ acic sta it -,ns . . . . " We S _ mt he in c =h ation to correct the statement m =de -_. p-etition=rs relative to the ._ e s - _cn t_ a .oc-si -- - a __c s -C_ _ _c~ . 1. Kodiak Public Eroadcasting Corporation is a me-:bershi-o -on whir.h -1z' boasts more than ten (10) % of the population of Kodiak, Alaska among its members. 2. The entire Board of Directors is elected ov the membership, : from the be/"Shin , and all Directors live and .+cr i in Kodiak, _ __s.L.a. . iscr-. `card, :.'ice • is - red of -- -- - --- it i _ =c r=vi=w m=1-= suTt,,,st2ons on ..o:•: s :e might. "_t serve oi__1 c L'm . -_.- -t _ - - _ -c cal _ is •' ._ .._nom conduct a rttaarterly asce_:_inment of problems and __ ar we ;ro =accts -L which address those concerns. 5. K-- -- (-__) has received numerous awards which demonstrate our commit me? = to being a " 'truly local radio station " , the most recent 7es our First Place ..w r d in Local Public Radio in the Pu__ic =art -c" ration category from the Corporation for Public ' B= _ _ccasoin- (C? ) recognizing the extensive volunteer program we 6. C r records indicate that `.= (h'`'i) i s , b far, bv mar - �h e number one (1) station of all CF B oua i iT ied stations in America in the amount of per capita local fund raisin v we accomplish. In fact, we have been in the top ten (10) of those stations for the last five (5) years. We respectfully submit this information to the Commission to set the record straight. If you require additional information, please contact me. Jntil I may hear from you in this matter, i am Sincerely, /) 17 l- ( ) ;1 Alan S-c:-?itt, President - ,h_ic ca•:cas __r2 Corporation r.,. i o ia' , r_i as1.a . r.6 1 5 5 —v !-44nd Borough REC ,VED NOV 4 m JeroLne Selby 7.odiak Island 2orough P.O. lox 12A6 Lodiak, Alaska 99615 PM • Tilliam J. Glynn, Jr. r•ox 2615 Alaska 99615 30 October 1984 ear ::r. Tjelby: (Do 71ease accet this letter as follow 11-1-: to our conversation of last weeL. fs 7 stated, while in your office, r.,)- intention is to build another ratlio station. At the present tite Hodiah does not have a localy owned and orersted station. 1 Ono of the first rer-uirments for good signal coverage is a transmitter sit that is centray located in the co=unity to be served and hisrh o-1;h to 'see' over rsjor obstructions(hills, buildings, etc.). The site 1St also be far enough away from cr,ountains that multipath(or 1-lostinz.:does -.lot becce a problem. C.ne of the better sites in Lodiak is at the north end of the ..an4c4le a2-rport. It meets the elevation and obstruction re,:airements as well as bein.: c,,r_trrl]ry located. 77-Pr better, it already has a tower. he City of •odiak is willing to lease the site for broadcast use. Also, :ol cn drive right to it. he p7-oblem I've run into is the joint City/Iorol7gh c7evelo7,11ent of the area. At present the plans call for a 100 ft. wide right of way right throu7h the arc..... rle tower itself is clear but two of the guy wires will be in the ri:Eht of way. one will fall about half way into the r.o.w. The other about 20ft. short of the center line. Jt would seem that this would leave half(50ft) of the right of way 0 ge 2 for the proposed 36ft wide paved strip. :.owever, if this is still a problem the tower guy anchors could be :oved in closer to the tower base—say 20ft—giving more room for pavinIT, and utilities. All costs of relocating the tower L;ay anchors will, of coarse, be paid by me. he above proposal would allow the road to be without spendIng any additional monies, allow the City to lease the land under the-tower, and preserve what is, T. 7_:elieve, the oldest tower in Kodiak. If, for any reason, the tower must be :lovedthen I will have to =he other arrangments. The 11.1.2. hospital property would be my first alternate. If a lease with the -oroagh could be arranged I would 1octe a new tower on the corner of the tract. iy second alternate would be the property between the Resonof 7-xt. and the sewer treatment iplant. Again T. would erect a new tower. :eel Free to contact me. Thanks for your time. Sincerely / . 41-4/111.4 J. b(.C,7 G 48- - . ID I ALAS KA 9 9 615 Conditional Use Permit ception Variance KODIAK ISLAND BOROUGH POST OFFICE BOX 1246 ( ) Zoning Change: From: To: CODE SECTION INVOLVED: /7.33, ago 0 Ceetifit, /-kivr6 NOTE: The application fee for all items covered by this form. is Conditional Use Permits, Exceptions, and Variance Applications also require - the submission of a site plan. =Th APPLICANT: A%/46,/141,7 ge'vAlel/, jr- / Name A a. ,2‘•/s - Address /Al, ,474i f'6 City, State, Zip 0P-or s-"( Home Telephone Work Telephone PROPERTY: , ASP/7;4Z fer'en4/14_(70A) Lot Block Subdivision Name S c7/ United States Survey # Section, Township, Range, S.M. , PRESENT USE OF PROPERTY: /42,9//iX 47, /-42_.(pi zD PROPOSED USE OF PROPERTY: A21/7 Aelo/94(i941;r-- 72.1.,q4/i7de 44/0 7-47 - e9c...?"-xit,?.. ,,e) I have been advised of the procedures involved with this request and have received a copy of the appropriate regulations. . /41._‘‘erfrit, 11/13 Authorized Ajit Date octAY4- )El Property Owner Date Date Application Accepte /2 ,e:& BY: 911 VARIANCE APPLICATION The application must contain a statement showing the following conditions, all four of which nust exist before a variance may be granted: The undersigned states: 1. That there are exceptional physical circumstances or conditions applicable to the property, or to its intended use or development, which do not apply generally to the other properties in the same land use district. These special conditions are: Ct".Nr4' ( /cUe"i r'64 ✓, 71 /c SF�� 4/, -c 4,tW) 2. That the strict application of the zoning ordinances would result in practical difficulties or unnecessary hardship: AA/ /1'0-7 /S" O,9 /.)C,q S i' ,9�v; t�vti,9 /7/7 (s 7 ,C.0 Ciii f /= "--9 II 30r1 S Ij6 L .14el 0c;e/1/ /t) ( iPS r ,e ws-_ r A E,9 roe_r_rrS fu ) 7C -LQ! 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, or welfare because: 'rfl rc,W..6,<3 /iyr"A [ kb4a- <'a y.643 • 04-- A:9 /A 11ia _ep PA/iv 7e0 B- rr1G'y/ri / /9 ix'C'se-,0,4- I 7 r Ai/Az: A /0/10, e'e i /c.Q /C•f ' T (/ //i7fi f="/ci. "7 72/ ) ' ' Aet,/.4 L /.x'40 %/ /00 :'✓ f Tife Ai /V e ? 4427 /"%S/. ems! 6- ref s ,,e,a N o,,,t) G e-e, et)e 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan, for the following reasons: dAe L S/4c2� /1(44 ')--- ‹; ,,7 , /e›,ft1S 9 E 7i? %� %c !/JAI 5 , S SGT C �� ,4/ ' // D.- i-4 E .lam! ati 4 iN c' i44r /x rc 4.) = s T NOTE: Alaska Statutes Section 29.33.110(C) states: "A variance shall not be granted because of special conditions caused by actions of the person seeking relief or for reasons of pecuniary hardship or inconvenience. A variance shall not be granted which will permit a land use in a district in which that use is prohibited." Please use additional paper for additional comments. > ?e i / Signature of /Authdrizd Agent /3T y Signa re of Land Owner IP / am. re?„,z.4, /777sve47 re- .61OK G7it e6c2/0- g)/37 R1448000162 ' CC E B ENTERPRISES • kO BOX 2637 KODIAK AK 99615 R1448000163 PARKER,ART & MARION P •0. BOX 1903 KODIAK AK 99615 R1448000164 BEEHL ER ip AS A ir SHIR LEY 'NEVIN E DOROTHY P• 04, BOX 2645 KODIAK AK 99615 CLARDY gCL AVIN P.O. BOX 2669 KODIAK R1448000173 AK 99615 R1448000180 GROTHE,LENHART/ GUDE NAUs K IRK E GERALD P .0. BOX 2942 KODIAK AK 99615 R1448000190 MURPHY, WAYM E PEARMAN,CHARLES III P.O. BOX 2171 KODIAK AK 99615 R1448000200 BULENt 1,11 LILIAN E SARAH C P .0. BOX 442 KODIAK AK 99615 CASH RECEIPT odiak Island Borough - 700 UPPER MILL BAY ROAD P.O. BOX 1246 KODIAK, ALASKA 99615 PHONE (907) 4116-5736 t/4., Op DATE RECEIVED . FROM -4- - 000 - 101 - 10 - 010 - 000 - 105 - 01 - 00 010 - 000 - 105 - 06 - 00 040 - 000 - 371 - 11 - 00 040 - 000 - 371 - 12 - 010 - 000 - 322 - 11 - 00 010 - 000 - 322 - 17 - 00 41 - hottge.,% 1,...aframlyk yakvauxviz 5586 PROPERTY TAX REAL PROPERTY TAX, PERSONAL LAND SALE, PRINCIPAL 010 - 000 - 010 - 000 - 341 - 51 - 010 - 000 - 111 -61-00 SALE OF COPIES PROPERTY TAX, LIENS PER ATTACHED CONDITIONS OF CHECK PAYMENTS 010' PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE TO TOTAL THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING HONORED. RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE, PAYOR PAYMENT MADE BY: CI CHECK NO. 4,2- 6Y, El EllCASH OTHER FM08-511815