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SELIEF EST BK 1 LT 4 - Land DisposalIntroduc 7: Mayor Selby Requested by: Resource Mgmt. Officer Drafted by: Community Development Introduced: 12104/97 Adopted: 12/04/97 KODIAK ISLAND BOROUGH RESOLUTION NO. 97-50 A RESOLUTION APPROVING THE DISPOSAL OF CERTAIN PARCELS DETERMINED TO BE SURPLUS TO PUBLIC USE WHEREAS, the Kodiak Island Borough is preparing for Land Sale #13; and WHEREAS, the parcels listed below are consistent with the Kodiak Island Borough Comprehensive Plans; and WHEREAS, the parcels listed below are surplus to the needs of the Borough; and WHEREAS, the parcels listed below have been reviewed in accordance with section 18.20.030 of the Borough Code at an advertised and noticed public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the parcels listed below shall be disposed of by sale at Kodiak Island Borough Land Sale #13: Lots 4-14 Block 1 Selief Estates (previously known as a portion of Lot 10, Block 3, Lakeside Subdivision) Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) Tract A, ASLS 82-133 (Ugak Bay) A portion of Lot 8, Block 3, Kodiak Townsite ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH' THIS FOURTH DAY OF DECEMBER, 1997 KODIAK ISLAND \BOROUGH Ga ;f L. Stev ns, Presiding Officer ATTEST: G✓or»wa. , R/YI2cpA Donna F. Smith, CMC/AAE, Borough Clerk Kodiak Island Borough, Alaska Resolution No. 97-50 Page 1 of 1 In response to Presiding Officer Stevens, Mayor Selby said Borough staff time to write the grants and accept and disperse grant funds would be reimbursed through the grant. The Council would elect the chair and vice -chair from their membership annually. VOTE ON MOTION TO ADOPT Ayes: Johnson, Abell, Arndt, Heinrichs, G. Stevens Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous 3. Resolution No. 97-50 Approving the Disposal RESOLUTION of Certain Parcels Determined to Be Surplus NO. 97-15 to Public Use. Presented for consideration was Resolution No. 97-50 that, if adopted, approved disposal of certain parcels at Kodiak Island Borough Land Sale #13. HEINRICHS, moved to adopt seconded by JOHNSON Resolution No. 97-50. Mayor Selby said the Borough was • preparing for a land sale in March 1998, and the need was to declare the property surplus. The four parcels were located in Lakeside Subdivision, Larsen Bay, Ugak Bay, and within the Kodiak townsite. Responding to Presiding Officer Stevens, Mayor Selby said 15-20 parcels in Lakeside subdivision that were previously declared surplus had not sold at the last land sale. Mayor Selby added that an ordinance setting the terms, conditions, and date of the land sale would be forthcoming to the Assembly. Assemblymember Heinrichs referred to the map in the packet and noted that the Larsen Bay property was in close proximity to the city dump. He asked if the city of Larsen Bay could use the property to extend Regular Assembly Meeting December 4, 1997 Volume XXIII Pige 191 the dump site. Mayor Selby said this was tax foreclosed property and the city of Larsen Bay had the first opportunity to secure the property. Assemblymember Arndt knew of a bear problem at the dump, and he did not remember seeing any development on adjacent lots on his recent visit to Larsen Bay. After reviewing the map, Mayor Selby clarified that the map was misleading. The property was located in the city and was served by water and sewer. VOTE ON MOTION TO ADOPT Ayes: Abell, Arndt, Heinrichs, Johnson, G. Stevens Noes: None Absent: Bonney, W. Stevens MOTION CARRIED Unanimous 4. Resolution No. 97-51 Authorizing the Mayor RESOLUTION to Apply for a Loan from the Alaska Clean NO. 97-51 Water Fund for the Kodiak Island Borough Landfill Improvements. Presented for consideration was Resolution No. 97-51 that, if adopted, authorized the mayor to execute the documents to obtain funding for improvements to the Borough landfill for vertical expansion, leachate control, wastewater collection, and partial closure. ARNDT, moved to adopt seconded by HEINRICHS Resolution No. 97-51. Mayor Selby said this was the end of the two-year period to apply for funds from the $2 million Alaska Clean Water Fund loan for landfill improvements. If the Borough did not apply, the opportunity would be lost. Although he did not expect a need to borrow $2 million, this action would open the line of credit. Regular Assembly Meeting December 4, 1997 Vo,wne XX[II Page 192 1 Kodiak Island Borough AGENDA STATEMENT Meeting of: December 4, 1997 ITEM NO. 12.8.4 Resolution No. 97-50 A Resolution Approving the Disposal of Certain Parcels Determined to be Surplus to Public Use The Borough is preparing for Land Sale #13. Parcels to be disposed of include land the Borough received from the State of Alaska as part of our 55,000 acre Borough entitlement. Also included are a number of parcels that the Kodiak Island Borough gained title to through tax foreclosure. One parcel was acquired in a court settlement. Kodiak Island Borough Code, Section 18.20.030, requires that the Planning and Zoning Commission review all parcels scheduled for disposal by the Borough. The Planning and Zoning Commission at their November 19, 1997 regular meeting reviewed this request for disposal of these properties. The Commission adopted a resolution recommending that the parcels be disposed at a public land sale. The information considered by the Planning and Zoning Commission in making au recommendation is attached. FISCAL NOTES [XJ N/A Expenditure Amount: Amount Budgeted: Introduced by: Requested by: Drafted by: Introduced: Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. 97-50 Mayor Selby Resource Mgmt. Officer Community Development 12/04/97 A RESOLUTION APPROVING THE DISPOSAL OF CERTAIN PARCELS DETERMINED TO BE SURPLUS TO PUBLIC USE WHEREAS, the Kodiak Island Borough is preparing for Land Sale #13; and WHEREAS, the parcels listed below are consistent with the Kodiak Island Borough Comprehensive Plans; and WHEREAS, the parcels listed below are surplus to the needs of the Borough; and WHEREAS, the parcels listed below have been reviewed in accordance with section 18.20.030 of the Borough Code at an advertised and noticed public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the parcels listed below shall be disposed of by sale at Kodiak Island Borough Land Sale -#13. __ Lots 414 BhY o k 'f Selief Estates (previously known as a portion of Lot 10, Block 3, -L -;% Subdivision) Lot 6, Block 1 tT Tract•A, U.S. Survey 4872 (Larsen Bay) 'T`ractA;_AS,LS 82-133 (Ugak Bay) -, &portion _of Lot 8, Block 3, Kodiak Townsite -ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 1997 ATTEST:. KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Gary Stevens, Presiding Officer Donna F. Smith, CMC/AAE, Borough Clerk Kodiak Island Borough, Alaska Resolution No. 97.50 Page 1ai1 TO: FROM: THRU: SUBJ: Kodiak Island Borough Memorandum Planning and Zoning Commission Bud Cassidy, RMO Bob Scholze, CDD Item for the November 6, 1997 meeting re: Case 97-019 Declaring certain KIB lands surplus to Borough needs and disposing said parcels at the next land sale I. INTRODUCTION The Kodiak Island Borough is preparing for Land Sale #13. One of the steps in this process is the review and approval by the Commission of those lots scheduled for disposal. The Commission makes a recommendation to the Assembly that a public purpose for these lands does not exist, that they are surplus to the Borough's needs, and that they be offered for disposal to the public at a future land sale. IL KIB CODE SECTION Code Section 18.20.030 guides Borough staff and the Commission on the procedures necessary to dispose of public lands. Specifically, the section 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. III. LIST OF PARCELS The following parcels are to be review in this case: A. A portion of Lot 10, Block 3, Lakeside Subdivision (Formally a greenbelt) B. Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay parcel acquired through settlement of tax obligation) C. Tract A, ASLS 82-133 (Ugak Bay) D. Portion of Lot 8, Bk. 3, Kodiak Townsite. Ldsalel3a.doc There are other parcels that are slated to be disposed at the next or future land sale that will not be review in this case. These parcels, include most Selief Estates subdivision (with the exception of the former greenbelt) and a lot that been sold at an earlier Borough land sale, but returned due to the nonpayment of land payments. These lots have been reviewed and approved for disposal by a previous commission. IV. OVERVIEW OF PARCELS A. Parcel #1 — A portion of Lot 10. Block 3, Lakeside Subdivision (Greenbelt) An earlier commission had approved the disposal of lots in Block 3, Lakeside Subdivision. The exception to their approval was the former greenbelt (legally described as Lot 10, Block 3). The greenbelt was established to separate what was anticipated as incompatible uses allowed in the "P" Industrial zoning district from residential uses in the surrounding residential area. With the approval of ordinance 97-18, all of Block 3 Lakeside Subdivision including the greenbelt has been rezoned to R-1 single family residential. But it is only that portion of the former greenbelt located at the comer of Selief Lane and Beaver Lake Drive and identified in the preliminary plat as portions of Lots 12, 13, and 14, Selief Estates that the Commission will be considering in this review. B. Parcel #2 - Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay ) This parcel was acquired as partial settlement in a legal case between the former owner and the Borough. It is 39,000 square feet in area and is located in a developing area of Larsen Bay. It is zoned R-1 single family residential. Being located in Larsen Bay, the Community of Larsen Bay may be interested in acquiring it. It is a.good residential lot served by a community water and sewer system. C. Parcel #3 - Tract A ASLS 82-133 (Hidden Basin/Uaak Bay) This parcel was acquired in through tax foreclosure in 1991. It is a parcel that was acquired by the original owner from the state of Alaska in the days of the states "Open to Entry program." This program allowed citizens the ability and go to a remote state land, "stake" four comers in the ground, and receive title to the parcel after it was surveyed, platted, and appraised. In this case, the former owner met all the requirements to gain title to the parcel. Unfortunately, this individual did not pay local property taxes and the parcel was forfeited to the Borough. State statute permits the (former) owner the right to repurchase the parcel at any time up to the date of the Borough land sale unless there is public interest in the property. The Commission and the Assembly, as part of the toreclosure process, have reviewed this parcel and determined under that there is no value in retaining the parcel in public ownership. Ldsalel3a.doc D. Parcel #4 - Portion of Lot 8, Bk. 3, Kodiak Townsite. This 400 square foot parcel was transferred in the past by a by metes and bounds (unplatted) description. The transfer was done prior to the Borough adopting surveying and platting requirements. It is located in no -man's land location between the Community Baptist Church and the Senior Center. It is not served by roads or utilities. Due to the non-payment of taxes it is now a Borough owned parcel. Action by the commission in this case will allow the Borough to talk directly with the adjacent owners to determine their interest in the parcel. There is no clear set of criteria for review of parcels scheduled for disposal. Two that are suggestedare,1. that the disposal be in conformance with the comprehensive plan and Borough code, and 2. That there is no remaining public benefit in retaining the land in Borough ownership. Parcels #3,and #4, are tax foreclosed lots that have been reviewed by the commission at an earlier meeting with and determined that there was no public interestin retaining these lands and they should be sold at the next land sale. V. RECOMMENDATION It is recommended that commission find that all of the Tots listed above are consistent with the comprehensive plan and that they are surplus to the needs of the Kodiak Island Borough and be disposed at a future land sale. VI. APPROPRIATE MOTION Should the commission agree with the staff reco follows: endation, the appropriate motion is as "Move to adopt the following resolution containing a recommendation to the Borough Assembly regarding the disposal of Borough real property." Now, therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission: A. The parcels listed below are consistent with Kodiak Island Borough Comprehensive Plans; B. The parcels listed below are surplus to the needs of the Borough; C. The parcels listed below have been reviewed in accordance with Section 18.20.030 of Borough code and at an advertised and noticed public hearing and; D. The parcels listed below be disposed of by sale at a future Borough public land sale. Ldsalel3a.doc 1. A portion of Lot 10, Block 3. Lakes:de Subdivision 2. Lot 6, Block 17, Tract A, US Survey 4872 (Larsen Bay) 3. Tract A, ASLS 82-133 (Ugak Bar) 4 Portion of Lot 8, Bk. 3, Kodiak T,wnsite. • i st \`° EGEND o -e JAOY 414. AL/N. CAP arr Da mann o -our AM aersa.r AVM OLt. WI AL9X125997 sAay .w M% flw.O.L. 0.L_N. OV AUN. ququar daPISCOIr srrwaav w.w. non /See/ 4.554L DESCRIPTION Lamar swan -navy swor t an A7. e Amur !SLAW .02190 Aev .trait Or A1.49G1 •++ter. r MIOIMnww ..nw.'WIMP "(re 72 lama 3 1. THE EXISTING CLAIMANT'S CORNER 5 ,TRACT A WAS RECOVERED AND USED TO CONTROL THE LOCATION OF THE TRACT BOUNDARIES. THE REMAINDER OF THE CORNERS WERE SET UTILIZING THE LEASE DESCRIPTION. 2. THIS SURVEY WAS ACCOMPLISHED IN ACCORDANCE WITH OTE -SI 82- 52 ,AND A.S. 36.05.0TT. 3. ALL BEARINGS SHCWN ARE TRUE BEARINGS A5 ORIENTED TO THE BASIS OF BEARING,AND DISTANCES SHOWN ARE REDUCED TO HORIZONTAL DISTANCES. 4, THE MINIMUM BEARING AND DISTANCE LINEAR CLOSIJRE OF THE EXTERIOR BOUNDARY OF EACH SITE IS WITHIN THE ACCURACY OF ONE PART IN FIVE THOUSAND AS FIELD MONUMENTED. 5. ALL PARCELS ON LANDS OWNED BY THE STATE OF ALASKA, LOCATED WITHIN 50.00 FEET OF, OR BISECTED BY A SURVEYED SECTION LINE, ARE SUBJECT TO A 50 FOOT EASEMENT,EACH SIDE OF THE SECTION LINE, WHICH 15 RESERVED TO THE STATE OF ALASKA FOR PUBLIC HIGHWAYS UNDER A.S. 19.10.010. 6. ALL °REFERENCE MONUMENTS " (RM) ARE 1 I/2" DIAMETER ALUMINUM CAP MONUMENTS C4 5M` DIAMETER X 30 LONG REBAR. 7. BASIS `OF BEARING . CORNER 3 TO CORNER 4 LINE CF TRACT 8, A.S. L. S. 79- 11 = N 06 ° 27' 03" W. 21 22 uGAg 8l" n 6 n VICINITY - MAP from U.S.G. S. Quad. Kodiak (8-3) and (C-3) Scale: In= I Mi, CERTIFICATE OF OWNERSHIP AND DEDICATION I, the underslgnsd,hsrsby certify that I am the Director, Divislon of Technical Services, and that the State of Alaska Is the owner of ASLS 82-133 as sham hereon. I hereby approve this survey and plat for the State of Alaska, and dedicate for public or private use as noted , all easements, public utility areas , and rights -of -way as shown and described hereon. /, A Date 2— 28- S4 R&M,91VT51 NOTARY'S ACKNOWLEDGMENT Subscribed 9nd sworn before me THIS DAY OF_Et6rae FOR ALASKA Q • FF TECHNICAL `````aafuiunnpnp �� v40 Mp,9'+�. 4b: oT q,0` c tL TA ',bat .5' 1 et k 8 6fie Lye C. will rezone a tract that has good accessibility for both vehicular and pedestrian traffic near the Port Lions' population core and provides a reasonable site adjacent to established right-of-ways for the development proposed. 17,72 020 B. Findings as to the Effect a Change or Amendment would have on A change of zoning from W -Watershed to PL -Public Use Lands zoning district is necessary in order to make the zoning consistent with the 1997 Revised Port Lions Comprehensive Development Plan, to allow construction of the Tribal Council community center/cultural building as a permitted use, and to facilitate dispensation of needed social and community services under a single roof The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. D) Case 97-019. Planning and Zoning Commission review, in accordance with Section 18.20.030 (Review by Planning Commission — Assembly Approval) of the Borough Code, of the disposal for fair market value of the following parcels (Postponed from the October 15, 1997 regular meeting): A portion of Lot 10, Block 3, Lakeside Subdivision (2260 Selief Lane) Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) Tract A, ASLS 82-133 (Ugak Bay) Portion of Lot 8, Block 3, Kodiak Townsite (behind 216 Mill Bay Road). BUD CASSIDY, staff member for this case, reported that this was a routine review by the Commission of several lots, or portions of lots, for the purpose of disposal at the next Borough land sale. Staff recommended the Commission forward this request to the Borough Assembly with a recommendation of approval. COMMISSIONER HANCOCK MOVED TO ADOPT the following resolution containing a recommendation to the Kodiak Island Borough Assembly regarding the disposal of Borough real property: P & Z Minutes: November 19, 1997 Page of 19 Be it resolved by the Kodiak Island Borough Planning and Zoning Commission that: A. The parcels listed below are consistent with the Kodiak Island Borough Comprehensive Plan; B. The parcels listed below are surplus to the needs of the Borough; C. The parcels listed below have been reviewed in accordance with Section 18.20.030 of the Borough Code, at an advertised and noticed public hearing; and D. The parcels listed below should be disposed of by sale at a future Borough public land sale. - 1. A' portion of Lot 10, Block 3, Lakeside Subdivision 2. Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) 3. Tract A, ASLS 82-133 (Ugak Bay) 4. A portion of Lot 8, Block 3, Kodiak Townsite The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. E) Case S97-019. Request for preliminary approval of the vacation of Lots 4 through 11, Block 3, Lakeside Subdivision, and various portions of Selief Lane - and Beaver Lake Drive, and replat to Lots 4-14, Block 1, and Block 2, Selief Estates. Selief Lane, Beaver Lake Drive and Von Scheele Way. BOB SCHOLZE indicated 21 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to conditions. COMMISSIONER STEWART MOVED TO GRANT preliminary approval of the vacation of Lots 4 through 11, Block 3, in Lakeside Subdivision, and various portions of Selief Lane and Beaver Lake Drive right-of-way; and replat to Lots 4 through 14, Block 1, Selief Estates and Block 2, Selief Estates, subject to the conditions of approval contained in the summary statement dated November 19, P & Z Minutes: November 19, 1997 Page 6 of 19 TO: FROM: THRU: SUBJ: Kodiak Island Borough Memorandum Planning and Zoning Commission Bud Cassidy, RMO Bob Scholze, CDD Item for the November 6, 1997 meeting re: Case 97-019 Declaring certain KIB lands surplus to Borough needs and disposing said parcels at the next land sale I. INTRODUCTION The Kodiak Island Borough is preparing for Land Sale 1113. One of the steps in this process is the review and approval by the Commission of those lots scheduled for disposal. The Commission makes a recommendation to the Assembly that a public purpose for these lands does not exist, that they are surplus to the Borough's needs, and that they be offered for disposal to the public at a future land sale. IL MB CODE SECTION Code Section 18.20.030 guides Borough staff and the Commission on the procedures necessary to dispose of public lands. Specifically, the section 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. III. LIST OF PARCELS The following parcels are to be review in this case: A. A portion of Lot 10, Block 3, Lakeside Subdivision (Formally a greenbelt) B. Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay parcel acquired through settlement of tax obligation) C. Tract A, ASLS 82-133 (Ugak Bay) D. Portion of Lot 8, Bk. 3, Kodiak Townsite. Ldsalel3a.doc There are other parcels that are slated to be disposed at the next or future land sale that will not be review in this case. These parcels, include most Selief Estates subdivision (with the exception of the former greenbelt) and a lot that been sold at an earlier Borough land sale, but returned due to the nonpayment of land payments. These lots have been reviewed and approved for disposal by a previous commission. IV. OVERVIEW OF PARCELS A. Parcel #1 — A portion of Lot 10, Block 3, Lakeside Subdivision (Greenbelt) An earlier commission had approved the disposal of lots in Block 3, Lakeside Subdivision. The exception to their approval was the former greenbelt (legally described as Lot 10, Block 3). The greenbelt was established to separate what was anticipated as incompatible uses allowed in the "P" Industrial zoning. district from residential uses in the surrounding residential area. With the approval of ordinance 97-18, all of Block 3 Lakeside Subdivision including the greenbelt has been rezoned to R-1 single family residential. But it is only that portion of the former greenbelt located at the corner of Selief Lane and Beaver Lake Drive and identified in the preliminary plat as portions of Lots 12, 13, and 14, Selief Estates that the Commission will be considering in this review. B. Parcel #2 - Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay ) This parcel was acquired as partial settlement in a legal case between the former owner and the Borough. It is 39,000 square feet in area and is located in a developing area of Larsen Bay. It is zoned R-1 single family residential. Being located in Larsen Bay, the Community of Larsen Bay may be interested in acquiring it. It is a good residential lot served by a community water and sewer system. C. Parcel #3 - Tract A ASLS 82-133 (Hidden Basin/Ugak Bay) This parcel was acquired in through tax foreclosure in 1991. It is a parcel that was acquired by the original owner from the state of Alaska in the days of the states "Open to Entry program." This program allowed citizens the ability and go to a remote state land, "stake" four corners in the ground, and receive title to the parcel after it was surveyed, platted, and appraised. In this case, the former owner met all the requirements to gain title to the parcel. Unfortunately, this individual did not pay local property taxes and the parcel was forfeited to the Borough. State statute permits the (former) owner the right to repurchase the parcel at any time up to the date of the Borough land sale unless there is public interest in the property. The Commission and the Assembly, as part of the foreclosure process, have reviewed this parcel and determined under that there is no value in retaining the parcel in public ownership. Ldsalel 3a.doc D. Parcel #4 - Portion of Lot 8, Bk. 3, Kodiak Townsite. This 400 square foot parcel was transferred in the past by a by metes and bounds (unplatted) description. The transfer was done prior to the Borough adopting surveying and platting requirements. It is located in no -man's land location between the Community Baptist Church and the Senior Center. It is not served by roads or utilities. Due to the non-payment of taxes it is now a Borough owned parcel. Action by the commission in this case will allow the Borough to talk directly with the adjacent owners to determine their interest in the parcel. There is no clear set of criteria for review of parcels scheduled for disposal. Two that are suggested are 1. that the disposal be in confoi„tance with the comprehensive plan and Borough code, and 2, That there is no remaining public benefit in retaining the land in Borough ownership. Parcels #3,and #4, are tax foreclosed lots that have been reviewed by the commission at an earlier meeting with and determined that there was no public interest in retaining these lands and they should be sold at the next land sale. V. RECOMMENDATION It is recommended that commission find that all of the lots listed above are consistent with the comprehensive plan and that they are surplus to the needs of the Kodiak Island Borough and be disposed at a future land sale. VI. APPROPRIATE MOTION Should the commission agree with the staffrecommendation, the appropriate motion is as follows: "Move to adopt the following resolution containing a recommendation to the Borough Assembly regarding the disposal of Borough real property." Now, therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission: A. The parcels listed below are consistent with Kodiak Island Borough Comprehensive Plans; B. The parcels listed below are surplus to the needs of the Borough; C. The parcels listed below have been reviewed in accordance with Section 18.20.030 of Borough code and at an advertised and noticed public hearing and; D. The parcels listed below be disposed of by sale at a future Borough public land sale. 1. A portion of Lot 10, Block 3, Lakeside Subdivision 2. Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) 3. Tract A, ASLS 82-133 (Ugak Bay) 4. Portion of Lot 8, Bk. 3, Kodiak Townsite. Ldsale 1 3a.doc 7- 1 // i /, /. -.-.--- , - - kg -\ /1,- Li i t3 1 / ' \ V1 01 7// !- ss'i Deference should be mase to She, for survey information. =TO STATES CEPAP22la OF CBE nnw OF um marnaztr VssICSAtcr., D. C. February This flat is striot17 ralforetublu prove! field notes, and the aun been correctly executed In secc the red:Andante of lee anl Inc t of this Bureau, is hereby accerte) For the Director Chltf, Division cf C al KIBS126629 /2C 5 2rz is3 NQTES THE EXISTING CLAIMANTS CORNER 5 ,TRACT A WAS RECOVERED AND USED TO CONTROL THE LOCATION OF THE TRACT BOUNDARIES. THE REMAINDER OF THE CORNERS WERE SET UTILIZING THE LEASE DESCRIPTION. 2. THIS SURVEY. WAS ACCOMPLISHED IN ACCORDANCE WITH OTE -SI 82- 52 , AND A.S. 36.05.077. 3. ALL BEARINGS SHOWN ARE TRUE BEARINGS A5 ORIENTED TO THE BASIS OF BEARING,AND DISTANCES SHOWN ARE REOUCED TO HORIZONTAL DISTANCES. 4, THE MINIMUM BEARING AND DISTANCE LINEAR CLOSURE OF THE EXTERIOR BOUNDARY OF EACH SITE 15 WITHIN THE ACCURACY OF ONE PART IN FIVE THOUSAND AS FIELD MONUMENTED. 5.. ALL PARCELS ON LANDS OWNED BY THE STATE OF ALASKA , LOCATED WITHIN 50.00 FEET OF, OR BISECTED BY A SURVEYED SECTION LINE, ARE SUBJECT TO A 50 FOOT EASEMENT, EACH SIDE OF THE SECTION LINE, WHICH 1S RESERVED TO THE STATE OF ALASKA FOR PUBLIC HIGHWAYS UNDER A.S. 19.10.010. 6.. ALL "REFERENCE MONUMENTS " (RM) ARE 1 1/2" DIgMETER ALUMINUM CAP MONJMENTS ON 5/8" DIAMETER X 30 LONG REBAR. 7. BASIS OF BEARING = CORNER 3 70 CORNER 4 LINE OF TRACT B, A.S. L. S. 79-11= N 08°274 03" W. LEGEND K0K ISI. AND 16 15 14 13 21 22 23 2 uGA elf( VICINITY MAP From U.S.G.S. Quad. Kodiak (B-3) and (C-3) Scale:I"=I Mi CERTIFICATE OF OWNERSHIP AND DEDICATION I, the undersigned, hereby certify that 1 om the Director, Division of Technical Servwes, and that the State of Alaska Is the owner of ASLS 82-133 os shown heroan. 1 hereby approve this survey and plat for the State of Alaska, and dedicate for public or private use as noted ,all easements, public utility areas ,and rights-of-way as shown and described hereon. Date ,2- I - 9tartfill NOTARY'S ACKNOWLEDGMENT Subscribed nd sworn before ms THI5,28+� DAY OF rebrva FOR RY MY COM F TECHNICAL S RVICES num" iiiiiiii ,, _ • ALASKA : j ',, ot/ ISSION EXPIRES : /A ./0 - '7i Public Hearing Item VI -D Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT — NOVEMBER 12,1997 Meeting of: November 19, 1997 ITEM TITLE: Case 97-019. Planning and Zoning Commission review, in accordance with Section 18.20.030 (Review by Planning Commission — Assembly Approval) of the Borough Code, of the disposal for fair market value of the following parcels: Proposed Lots 4-14, Selief Estates (2260 Selief Lane) Lot 6, Block 17, Tract A,U.S. Survey 4872 (Larsen Bay) Tract A, ASLS 82-133 (Ugak Bay) Portion of Lot 8, Block 3, Kodiak Townsite (behind 216 Mill Bay Road). RECOMMENDED ACTION: Staff recommends that the Commission recommend to the Kodiak Island Borough Assembly that the lots listed above are surplus to the needs of the Kodiak Island Borough and be disposed at a future land sale. APPROPRIATE MOTION: Move to adopt the following resolution containing a recommendation to the Kodiak Island Borough Assembly regarding the disposal of Borough real property: Now, therefore be it resolved by the Kodiak Island Borough Planning and Zoning Commission that: A. The parcels listed below are consistent with the Kodiak Island Borough Comprehensive Plans, and B. The parcels listed below are surplus to the needs of the Borough; and C. The parcels listed below have been reviewed in accordance with Section 18.20.030 of the Borough Code and at an advertised and noticed public hearing; and D. The parcels listed below be disposed of by sale at a future Borough public land sale. 1. A portion of Lot 10, Block 3, Lakeside Subdivision 2. Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) 3. Tract A, ASLS 82-133 (Ugak Bay) 4. A portion of Lot 8, Block 3, Kodiak Townsite Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. D) Case 97-018. Request for a. rezone, in accordance with Section 17.72.0303 (Manner of Initiation) of the Borough Code, of proposed Tract D, a portion of U.S. Survey 5509 (approximately 6.62 acres), from W -Watershed SQ PL -Public Use Lands. BOB SCHOLZE indicated 29 public hearing notices were mailed for this case and none were returned. Staff recommended action on this case be postponed until the November 1997 regular meeting, to ensure that the appropriate plan is in place which would support this rezone request. COMMISSIONER SCHEIDLER declared her position as Financial Director of Afognak Native Corporation, and asked for a conflict of interest determination. CHAIR FRIEND was aware of the situation and determined that there was no conflict of interest. COMMISSIONER BELL MOVED TO POSTPONE action on Case 97-018 until the Commission's November 19, 1997 regular meeting, and to schedule it for another public hearing. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. E) Case 97-019. Planning and Zoning Commission review, in accordance with Section 18.20.030 (Review by Planning Commission — Assembly Approval) of the Borough Code, of the disposal for fair market value of the following parcels: P & Z Minutes: Otto 15,1997 Page Bof15 highway. No comments regarding perceived problems related to traffic safety have been received from State Department of Transportation. 77.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will allow permitted commercial uses of this property which has been zoned B -Business since there was zoning in the Borough. /7.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which_relief is being sought by the variance. The lot was created and the existing building constructed on the property prior to ownership by the applicant. 77.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. A clinic is a permitted use in the B -Business zoning district. Single and two- family dwellings are permitted in the B -Business zoning district if located within a structure containing a permitted business use, do not exceedffty percent (50%) of the area of the structure, and are not located on thee street level of the structure. The proposed uses are permitted in the B -Business zoning district. The motion to AMEND BY SUBSTITUTION was seconded and CARRIED by unanimous roll call vote. The question was called and the SUBSTITUTED MOTION CARRIED by a roll call vote of 5-2. COMMISSIONERS TURNER and FRIEND voted no. C) Case 97-017. Planning and Zoning Commission review and approval of the Revised (1997) Port Lions Comprehensive Development Plan. BOB SCHOLZE indicated 10 public hearing notices were mailed for this case and none were returned. Staff recommended postponement of this request until the November 1997 regular meeting to allow for final formatting and compilation of revised maps to be included in the Plan. COMMISSIONER TURNER MOVED TO POSTPONE ACTION on case 97- 017 until the Commission's November 19, 1997 regular meeting, and to schedule it for another public hearing. The motion was SECONDED. Regular Session Closed. P & Z Minutes: October 15, 1997 Page 7 of 15 Lot 10, Block 3, Lakeside Subdivision (2260 Selief Lane) Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) Tract A, ASLS 82-133 (Ugak Bay) Portion of Lot 8, Block 3, Kodiak Townsite (behind 216 Mill Bay Road). LINDA FREED indicated no individual public hearing notices were mailed for this case. She reported that she and the Resource Management Officer had conferred with the Borough Assembly, and that it had been decided to hold the next Borough Land Sale in the spring of 1998, rather than in December 1997. Staff recommended postponement of this request until the November 1997 regular meeting, to allow adequate time for staff to provide additional information for the Commission's review. COMMISSIONER TURNER MOVED TO POSTPONE action on Case 97-019 until the Commission's November 19, 1997 regular meeting, and to schedule it for another public hearing. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. F) Case 97-020. Request for a conditional use permit, in accordance with Section 17.13.040.F (Conditional Uses) of the Borough Code, to permit non -recreational mineral extraction activities, specifically, the removal of approximately 500 cubic yards of gravel from the beach along the Chiniak Highway near Frank Creek, approximately one mile past the Pasagshak Road intersection, in Kalsin Bay. BOB SCHOLZE indicated 10 public hearing notices were mailed for this case and 2 were returned, one from DNR stating that a material sale contract would likely be required from the State for this proposal, and the other from an adjoining property owner opposing the request. The applicant submitted a request for postponement for an indefinite period of time. Staff recommended postponement of this request until the April, 1998 regular meeting (6 months), or earlier if the applicant chooses. COMMISSIONER SCHEIDLER MOVED TO POSTPONE action on Case 97- 020 until the April 1998 regular commission meeting, or sooner if the applicant P & Z Minutes: October 15, 1997 Page 9 of 15 indicates that he wishes to reactivate the request, and to bring it back for a public hearing. The motion was SECONDED. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. The question was called and the motion CARRIED by unanimous roll call vote. G) Case S97-017. Request for preliminary approval of the subdivision of Lot 13, U.S. Survey 3101, creating Lots 13A and 13B, U.S. Survey 3101. 3831 Spruce Cape Road. BOB SCHOLZE indicated 17 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to one condition, which has been discussed with the applicant. COMMISSIONER SELIG MOVED TO GRANT preliminary approval of the subdivision of Lot 13, U.S. Survey 3101, creating Lots 13A and 13B, U.S. Survey 3101, subject to the condition of approval in the summary statement dated October 13, 1997, and to adopt the findings in the staff report dated September 19, 1997 as "Findings of Fact" for this case. CONDITION OF APPROVAL: 1. Prior to final plat approval, install a new grinder pump on proposed lot 13B to service the existing house on the property. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The motion was SECONDED. P & Z Minutes: October l5, 1997 Page 10 of 15 Public Hearing Bern VI -E Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT — OCTOBER 14. 1997 Meeting of: October 15, 1997 ITEM TITLE: Case 97-019. Planning and Zoning Commission review, in accordance with Section 18.20.030 (Review by Planning Commission — Assembly Approval) of the Borough Code, of the disposal for fair market value of the following parcels: Lot 10, Block 3, Lakeside Subdivision (2260 Selief Lane) Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) Tract A, ASIS 82-133 (Ugak Bay) Portion of Lot 8, Block 3, Kodiak Townsite (behind 216 Mill Bay Road). RECOMMENDED ACTION: In order to allow concurrent approval of the corresponding subdivision case (S97-019) and the disposal of Lot 10, Block 3, Lakeside Subdivision, staff recommends this case be postponed until the October 29, 1997 Special Meeting. APPROPRIATE MOTION: Move to postpone action on Case 97-019 until the Commission's October 29, 1997 Special Meeting, and to schedule it for another public hearing. Public Hearing Item VI -E • Kodiak Island Borough Planning and Zoning Commission SUMMARY STATEMENT — OCTOBER 8.1997 Meeting of: October 15, 1997 ITEM TITLE: Case 97-019. Planning and Zoning Commission review, in accordance with Section 18.20.030 (Review by Planning Commission — Assembly Approval) of the Borough Code, of the disposal for fair market value of the following parcels: • Lot 10, Block 3, Lakeside Subdivision (2260 SeliefLane) Lot 6, Block 17, Tract A, U.S. Survey 4872 (Larsen Bay) Tract A, ASLS 82-133 (Ugak Bay) Tract A, B, C, D, U.S. Survey 2565 (Port Bailey) Portion of Lot 8, Block 3, Kodiak Townsite (behind 216 Mill Bay Road). RECOMMENDED ACTION: Due to the fact that Lot 10, Block 3, Lakeside Subdivision is included in Case 597-019 for subdivision this month, and that case has been recommended for postponement until a special meeting on October 29, staff recommends that this case be postponed as well, so that both of these items will be reviewed together. APPROPRIATE MOTION: Move to postpone action on Case 97-019 until a special Planning and Zoning Commission meeting on October 29, 1997, and to schedule it for a public hearing. DATE: TO: THRU: Kodiak Island Borough MEMORANDUM October 8, 1997 Planning and Zoning Commission Bob Scholze, CDD a FROM: Bud Cassidy, RM SUBJ: Item for the October 15, 1997 regular meeting re: Case 97-019 Review of parcels to be disposed of at Land Sale #13 in accordance with KIBC 18.20.030 In this case the commission will review and recommend to the Assembly parcels to be disposed of at Borough Land Sale #13. A large number of the lots the commission will review in this case will be created out of the subdivision of Block 3, Lakeside Subdivision. (see case S97-019). Because S97-019 is recommended to be postponed until a special October 29, 1997 meeting, staff suggests postponement of this case as well until that date so that both items will be reviewed together. KODIAK ISLAND BOROUGH--_ COIC_UNITY DEVELOPMENT DE. _ RTMENT 710 MILL BAY ROAD, ROOM 205, KODIAK, ALASKA 99615.6398, (907) 466-9362 The apptiudan fee for items covered by this form is 3200.00, ezwpt as otherwise noted. __.... Conditfonel Use Penalise and Variance applcadons also reprise tho submission of a site plan. Applicant Information Property owner's name: /0d/Q.K ✓Slay VT�— Property owner's mailing address: 7f6 /t 1/1�.� A/J'Ccrrfr. City: K /J[Lf/Cc/L State: ems• Zrpp: 9)Q .5--. Home phone: Work phone: If applicable, Agent's name: Agent's mailing address: City: State: Zip: Home phone: Work phone: Property Information Legal Description;2 ' i e Present use of property: Proposed use of propert/y: Z4cn ._fa_ = -4 c /a- s(r -&r Cec /V-5.f'p X14✓dfr r5 nilA�iI Applicant Certification 1, the appbeandautharized agent, have been advised of the procedures involved with this request and have recieved a copy of tho appropriate regulations. Authorized Agent's Signature Date Property Owner's ature Date STAFF USE ONLY Code Sectionlsl involved: PAYMENT VERIFICATION -/�'-_n "6" " "` CiC>a �C q 1-049 Variance Conditional Use Permit ✓ Title 18 Review (8 ZQ• a3 a Other (appearance requests, eta) $50.00 Zoning change from to Application received by: 7.drig - 9,0--- 9 J t 9 (S r) Staff signature Date July, 1993 Borough lands to be reviewed by the P&Z Commission in accordance with Section 18.20.030 of Borough code. (To determine if parcels are surplus to the Borough's needs and be disposed of by public auction at a future land sale.) 1. Lot 10, Block 3, Lakeside Subdivision 2. Lot 7A, 7B, 7C, Block 1, Lakeside Subdivision 3. Lot 6, Bloc 17tTr A, U.S.Survey 4872 4. Tract A, 82-133 according to plat 84-18 (1991 TXFCL) 5. Tract A,B,C,D, U.S.Survey 2565 (1994 TXFCL) 6. Portion of Lot 8, Block 3, Kodiak Townsite, U.S. Survey 2537B(1995 TXFCL) Kodiak Island Borough DATE 9/V1%(9 ! EXPENSE ADJUSTMENT Explain: ec�.en.H t, L<�,% ( a6cvrt v ot'. if(“Sreet✓-t dra„..„1 Prepared By: e ‘ei Approved By Use this form to adjust expenditures only, i.e. charge another department for items, correct errors, etc. When correcting errors, please provide information or source document where the error occurred. FUND DEPT ACCOUNT NUMBER INCREASE DECREASE 2/6 Z4/ 'ed - l :Zc — /d'd ge e .SZZ '—c26O 700 -- Explain: ec�.en.H t, L<�,% ( a6cvrt v ot'. if(“Sreet✓-t dra„..„1 Prepared By: e ‘ei Approved By Use this form to adjust expenditures only, i.e. charge another department for items, correct errors, etc. When correcting errors, please provide information or source document where the error occurred.