OLD HARBOR AIRPORT - ZCP 7/28/2015~' .. Kodiak Island Borough
Community Development Department
i 710 Mill Bay Rd. Rm 205
a Kodiak AK 99615
Ph. (907) 486 - 9362 Fax (907) 486 - 9396
http://www.kodiakak.us
Zoning Compliance Permit
Print Form Submit by Email
moll
Permit No.
The following information is to be supplied by the Applicant:
Property Owner / Applicant: The City of Old Harbor
Malling Address: 2702 Denali Street, Suite 100, Anchorage, Alaska
Phone Number: (907) 278 -6100
Other Contact email, etc.: Cynthia Lopez Sr. Project Executive - City of Old Harbor; cberns @oldharbor.org
Legal Description: Subdv: Tact A, Old Harbor, AK Airport
Street Address: Airport Road
Block: Lot:
Use & Size of Existing Structures: One private Airplane Hanger (50 feet by 60 feet), one maintenance building owned by Alaska
Department of transportation (25 feet by 46 feet)
Description of Proposed Action: The City of Old Harbor under an agreement with the Alaska Department of Transportation Is
undertaking a safety enhancement and runway extension project. The existing runway is owned by AKDOT, a portion of the
extension and spoils areas is owned by Old Harbor Native Corporation. Once the project is completed title to the extension area
will be transferred to AKDOT. The extension will involve a cut and fill construction involving approximately 2 million cubic yards.
Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access
points, and vehicular parking areas.
Staff Compliance Review: LI KIBC 17.120 (rezone /certificate
Current Zoning: of zoning issued 10/22/2013) PROP-0 19791
Lot Area: Approximately 80 acres Lot Width: N/A
Front Yard: N/A
Prk'g Plan Rvw? N/A
Rear Yard: N/A
# of Req'd Spaces: No Change
Bld'g Height: Unlimited
Side Yard: N/A (Airport protection and
safety regulations apply)
Plat/ Subdivision As per Section 2 of KIB Ordinance No. FY2013 -18, the new airport area shall be fixed by survey
Requirements.
at the conclusion of these planned construction improvements.
Does the project involve No If YES, do you have an EPA Return Receipt of Notification? N/A
an EPA defined facility? "Permit will not be Issued until receipt is submitted to KIB"
Subd Case No. Plat No, Bld'g Permit No. TBD
Driveway N/A
Permit?
Septic Plan N/A
Approval: _
Fire N/A
Marshall:
Applicant Certification: I hereby certify that will comply with the provisions of the Kodiak Island Borough Code and that/
have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Site Plan List Other:
Date: Signature:
This permit is only for the proposed project as described by the applicant. If there are any changes to the
proposed project, including its intended use, prior to or during its siting, construction, or operation, contact
this office immediately to determine if further review and approval of the revised project is necessary.
** EXPIRATION. A zoning compliance permit will become null and void if the building or use authorized by such permit is not
commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the
work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec.
106.4.4 Expiration. 1997 UBC) per KIBC 17.15.060 A. **
CDD Staff Certification
Date: —7/
% j ` 1 CDD Staff: Jack L. Maker
J
Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building
*Note: this application for zoning compliance was submitted with the Rezone and Conditional Use Permit applications,
required for this airport expansion project. Although the CUP and rezone were approved (P &Z Case No. 13 -026 and
KIB Ordinance No. FY2013 -18), this application was never processed and zoning compliance was not issued. Accordingly,
the Community Development Department deems this application as a timely submission that meets the KIBC 17.200.070
requirement to obtain Zoning Compliance within two -years of CUP approval.
Not Applicable r 50.00 r Sono
Less than 1.75 acres: f—
$30.00
r
$60.00
1.76 to 5.00 acres: r—
$60.00
r
$120.00
5.01 to 40.00 acres: F
$90.00
f—
$180.00
40.01 acres or more; �
$120.00
j^
$240.00
PAID
JUL 23 2015
KODIAK ISLAND BOROUGH
FINANCE DEPARTMENT
PAYMENT DATE
07/23/2015
COLLECTION STATION
CASHIER
RECEIVED FROM
CITY OF OLD HARBOR
DESCRIPTION
TRACT A, OLD HARBOR, AK AIRPORT
Kodiak Island Borough
710 Mill Bay Rd.
Kodiak, AK 99615
BATCH NO.
2016 - 00000028
RECEIPT NO.
2016 - 00000082
CASHIER
Teresa Medina
PAYMENT •D • N
TRANSACTION AMOUNT
Zoning Compl
Payments:
Rzoning Compliance Permit
2016 003 PID 19791
Type Detail Amount
$120.00
Check 1362 $120.00
Total Amount:
$120.00
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July 7, 2015
Kodiak Island Borough
Jack Maker, Assistant Planner
710 Mill Bay Road
Kodiak, AK 99615
Re: Zoning Comploance Form
Dear Jack,
P.O. BOX 109
Old Harbor, Alaska
99643
)907) 286 -2203 OR 286 -2204
Fax (907) 286.2278
eaf 4 %lamee Saw&
Please find the attached Zoning Compliance Permit and check for $120.
I greatly appreciate your help with this issue.
Please let me know if you need any additional information.
Best Regards.
Respectfully yours,
Cynthia R Berns
Sr. Project Executive
' JUL 2 0 2015
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Jack Maker
From: Jack Maker
Sent: Monday, June 29, 2015 1:55 PM
To: 'Cynthia R. Berns'
Subject: RE: Old Harbor Rezone Application
Attachments: Updated Old Harbor Airport ZCP.pdf
Importance: High
Good afternoon Cynthia,
I've reviewed the case and zoning compliance should have been obtained before construction commenced and within
two -years of approval of the Conditional Use Permit. Since you did submit a zoning compliance application with the
rezone and CUP applications, our department has accepted that application as a timely submission that meets the two-
year requirement.
I've added the required additional information to the Zoning compliance application you provided and have attached it
to this email. Please return the application with payment of the required $120.00 fee (if you have an updated site plan,
please include that also). Once the fee is paid I will sign the application and issue a permit number. I will then email you
a copy of the signed and paid for permit (I can also mail a paper copy if you'd like).
With regards to survey requirements, section 2 of the rezone ordinance states that "the Old Harbor Airport, as it may be
fixed by survey at the conclusion of the planned construction, is hereby rezoned from R1- Single family Residential to LI-
Light Industrial." Once the project is completed we will need a survey of the new airport area to accurately map that
zoning change.
Please feel free to contact me with any further questions or concerns regarding this matter.
Thank you,
Jack
Assistant Planner
Community Development Dept.
710 Mill Bay Road
Kodiak, AK 99615
(907) 486 -9362
(907) 539 -1475 (cell)
(907) 486 -9396 (fax)
]maker @kodiakak.us
http: / /www.kodiakak.us
From: Cynthia R. Berns [mailto:cberns @oldharbor.org]
Sent: Thursday, June 25, 2015 4:37 PM
To: Jack Maker
Cc: 'rickbernsl @gmail.com'
Subject: RE: Old Harbor Rezone Application
Hi Jack,
Looking back at my notes from the attorney and engineer who were talking with Duane — they said the Zoning
Compliance Permit will need to be applied for once the project is complete and the zoning and plat have been finalized, is
that correct?
Thanks,
Cynthia
From: Cynthia R. Berns
Sent: Thursday, June 25, 2015 3:42 PM
To: Jack Maker (imaker(&kodiakak.us)
Cc: rickbernsi@gmail.com
Subject: FW: Old Harbor Rezone Application
Hi Jack,
Please see the correspondence below and the attached permit applications that were submitted. Please let me
know if we are required to take further action. We have been in touch KIB on multiple levels regarding this
project. T
We work working with a legal firm on these issues to ensure that everything was taken care of correctly. The
City and Corp are no longer working with this legal firm, hopefully you can help guide me to ensure we have
everything correct.
Thanks,
Cynthia R Berns
Sr. Project Executive
City of Old Harbor
cbems@oldharbor.org
PO Box 71
Old Harbor, Alaska 99643
Phone 907.286.2286
Cell 907.351.8890
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From: Duane Dvorak [mailto:ddvorak @kodiakak.us]
Sent: Friday, March 01, 2013 1:31 PM
To: Marsey, Sarah A.
Subject: RE: Old Harbor Rezone Application
Hi Sarah, I was in a meeting this morning when the bulk of your e -mails came through. Just an FYI but the attached is
not the Conditional Use Permit application. That would be the one attached to this e-mail. What you have included is a
zoning compliance permit which will be required after the zoning change and CUP become effective. The CUP has a 24
month effective period within which you can "lock in" the permit by obtaining the zoning compliance permit. Just
because a party does not appeal a CUP does not necessarily mean that they agree to abide by the decision, so the zoning
compliance permit (which is the only permit required for permitted uses) is used to lock in the CUP. Thanks, - -Duane
From: Marsey, Sarah A. [mailto:sam@acglaw.com]
Sent: Friday, March 01, 2013 10:25 AM
To: Duane Dvorak
Subject: RE: Old Harbor Rezone Application
Also, here is the condition use permit that we have completed. Is this correct or do I need to make any changes?
Thank you again
Sarah A. Marsey_
Associate
Atkinson Conway & Gagnon
420 L Street, Suite 500
Anchorage, Alaska 99501
(907) 276 -1700 phone
(907) 272 -2082 fax
sanikacglaw.com
www.acglaw.com
From: Duane Dvorak [mailto:ddvorak @ kodiakak.us]
Sent: Thursday, February 28, 2013 6:23 PM
To: Marsey, Sarah A.
Subject: RE: Old Harbor Rezone Application
Hi Sarah, I've had a chance to review your submittal and it looks good. I have several items to suggest that would make
it better.
On the application, you have indicated proposed zoning to be I- Industrial, KIBC 17.105. This should be amended to LI-
Light Industrial, KIBC 17.120
The rest of the application looks fine and just needs to be signed by the landowners DOT /PF and OHNC I believe. You
can obtain letters of approval for the application to go forward from the respective parties to avoid having to shop
around the application and those can be e- mailed or FAX'ed to this office.
You need to prepare a second application for a Conditional Use Permit (CUP) as indicated in KIBC 17.120.040.A. We can
do it separately, but if you submit it along with the rezone will process it without requiring an additional fee. We will
stipulate that it does not become effective until the zoning is approved. The signatures requested above should be
specific in approving both the rezone and CUP requests for the Old Harbor Airport. If you have questions about how to
complete the CUP application please give me a call tomorrow.
Regarding the map, I have printed it out and see the hint of a yellow line but can't quite make it out. I would
recommend making it a different color if it is important. In particular I'm referring to the line that is I think a safety area
at the Sitkalidak View Sub. end of the runway.
I can see the annotations of Tract A and the proposed Industrial zone (which should be LI -Light Industrial). I think I
would recommend making the line weight a little heavier for the proposed zoning area so that it pops a little more
because map is busy and all the line weights appear to be about the same.
We will probably stipulate that you need to come up with a metes and bounds description for the rezone area before it
becomes effective so that we can map it accurately in our GIS system. We can then make minor changes to the GIS
when the area is resurveyed later.
Thanks, for the opportunity to review your submittal. If you require anything additional please let me know. - -Duane
Duane Dvorak, Associate Planner
Community Development Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
(907) 486 -9362 Office
(907) 539 -2392 Mobile
ddvorak @kodiakak.us
From: Marsey, Sarah A. [mailto:sam( acglaw.com]
Sent: Thursday, February 28, 2013 3:52 PM
To: Duane Dvorak
Subject: RE: Old Harbor Rezone Application
Hi Duane,
Thank you for getting back to me and taking the time to review the application.
Sarah
Sarah A. Marsey
Associate
Atkinson Conway & Gagnon
420 L Street, Suite 500
Anchorage, Alaska 99501
(907) 276 -1700 phone
(907) 272 -2082 fax
sam@acglaw.com
www.acgla ,.v.com
From: Duane Dvorak [mailto:ddvorak(a1kodiakak.us]
Sent: Thursday, February 28, 2013 3:50 PM
To: Marsey, Sarah A.
Subject: RE: Old Harbor Rezone Application
Hi Sarah, I have rec'd your submittals and will review them as soon as I complete some other deadline oriented
work. Probably won't be until late this afternoon or early tomorrow. Thanks, - -Duane
4
Duane Dvorak, Associate Planner
Community Development Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
(907) 486 -9362 Office
(907) 539 -2392 Mobile
ddvorak @kodiakak.us
From: Marsey, Sarah A. [mailto:sam(aacglaw.com]
Sent: Thursday, February 28, 2013 12:33 PM
To: Duane Dvorak
Subject: Old Harbor Rezone Application
Hi Duane,
Can you please review the draft Rezone Application and let me know what changes, if any, need to be made. We will be
submitting the final application tomorrow along with some letters in support of the Project.
Thank you again for all of your help
Sarah
Sarah A. Marsey
Associate
Atkinson Conway & Gagnon
420 L Street, Suite 500
Anchorage, Alaska 99501
(907) 276 -1700 phone
(907) 272 -2082 fax
sam@acglaw.com
www.acglaw.com
The information contained in this transmittal is confidential, may be subject to attorney- client privilege and is intended only for the
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