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2016-02-18 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 18, 2016, 7:45 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 4 - 18 A. *Regular Meeting Minutes of December 17, 2015 and January 21, 2016 and Special Meeting Minutes of January 14, 2016. RM minutes of Dec 17 and Jan 21 and SM Minutes of Jan 14 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS A. Employee of the Year Award B. Finance Department's Update to the Assembly 8. COMMITTEE REPORTS 9. PUBLIC HEARING Meeting broadcast live over radio station KMXT 100.1 FM. Citizens'Comments and Public Hearing Numbers:Toll Free(855)492-9202 and Local 486-3231. Visit our website . __ .... �1�a1111tmIkiodulk @KodiakBorough Page 1 of 122 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 13.13. Resolutions 19 - 23 1. Resolution No. FY2016-27 Approving the Village of Karluk and Karluk IRA Tribal Council to Participate in the FY2017 Community Revenue Sharing Program. Resolution No. Y2016-27 Karluk Revenue S aria - Pdf 13.C. Ordinances for Introduction 24 - 26 1. Ordinance No. FY2016-13 Amending the Kodiak Island Borough Code Title 2 Administration and Personnel Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements. Ordinance No. FY2 16-13 KVVRAC Quorum - Pdf 27 - 36 2. Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserving Certain Borough Lands as a Vegetative Screen, and Reserving an Amended Greenbelt Buffer Along the Common Boundary of the Monashka Bay Road Service Area and the Kodiak Island Borough Baler and Landfill. Ordinance No. Y2 16-14 Greenbelt Buffer - P f 37 -67 3. Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of a t 28.9 Acre Portion of Tract B, U.S. Survey 4793 From Conservation To Industrial/Light Industrial (P&Z Case No. 16-004). Ordinance No. FY2016-15 6fflgnding Comp Plan ® Pdf 68 - 93 4. Ordinance No. FY2016-16 Rezoning a f 28.9 acre portion of Tract B, U.S. Survey 4793 From R1-Single-family Residential District To I-Industrial District (P&Z Case No. Meeting broadcast live over radio station KMXT 100.1 FM, Citizens'Comments and Public Hearing Numbers:Tall Free(855)492-9202 and Local 486-3231. ^ website atw .f, oeluiodII ,. ., @Kadiak3orough vvwwJ e .a. s �1 Page 2 of 122 16-009). Ordinance -1 z to I P&Z Case 16-009 94 - 101 5,. Ordinance No. FY2016-17 Amending the Kodiak Island Borough Code Title 5 Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana Businesses. Ordinance Y 0 - 7 NIffiggnp,, Ordinance - Limited r ri 's Item 13.D. Other Items 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. EXECUTIVE SESSION A. Discussion of Manager Applicant's Skype Interview Results and Discussion of Those Who Should Move Forward for Final Interview. 16. ASSEMBLY MEMBERS' COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) 18.A. Minutes of Other Meetings 102 - 122 1. Parks and Recreation Committee RM Minutes of November 12 and December 22, 2015; Planning and Zoning Commission RM Minutes of December 16, 2015; and Womens Bay Service Area Board RM Minutes of December 1, 2015. Meetipg-Mjis f t r rs 18.13. Reports 1. Kodiak Island Borough Short Report for December 2015 (Available Online at Meeting broadcast live over radio station KMXT 100.1 FM. Citizens'Comments and Public Hearing Numbers:Toll Free(855)492-9202 and Local 486-3231. Visit our website at . , 0 KodiakBorou h w114 irxfiia!k lc .......................................................................................................... .... @ 9 Page 3 of 122 AGENDA I . KODIAK ISLAND BOROUGH Assembly Regular Meeting December 17, 2015 A regular meeting of the Kodiak Island Borough Assembly was held on December 17„ 2015, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Friend led the Pledge of Allegiance, Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner„ Mel Stephens„ and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie, APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda VOICE VOTE ON MOTION CARRIED UNANIMOUSLY, APPROVAL OF MINUTES Regular meeting minutes of November 5, 2015 and December 3, 2015 and special meeting minutes of November 12,2015,were approved under the consent agenda. AWARDS AND PRESENTATIONS Received an Update From the Engineering and Facilities Department Staff regarding the Landfill and High School Projects. CITIZENS'COMMENTS Neal Cooper noted the State Budget shortfall and urged the Assembly to be more mindful of the budget and how monies would be spent. He was in favor of a community forum to have discussion of those issues. Mr. Cooper urged the Assembly to pass an Ordinance to opt out of marijuana. Monashka Bay Road Service Area Road Chair Tom Lance expressed gratitude to Construction Inspector/Engineer Dave Conrad for his attention to the service area residents, for addressing landfill problems,water quality issues, and noise concerns. Judi Kidder voiced concerns about the Accessory Dwelling Units(ADU)and property rights. She commented on a lack of due process and denial of property rights for the Jackson Mobile Home Park(JMHP)owners. David Masinter appreciated the time allowed for citizens' comments and opted to lend his time to Neal Cooper. Clarification was given by Clerk Javier stating there was nothing specifically in the code prohibiting but that it was up to the Assembly to decide. Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 1 of 8 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 4 of 122 ITEM . . Assembly members Stephens, Crow, and LeDoux suggested that the citizen speaking should request more time at the time of their comments. Monioue Lewis commented on the process of the Emergency Management in Kodiak and noted the importance of a formal after action review with the different agencies involved in the Twin Creeks Fire in Chiniak that happened August 28,2015. She mentioned that FEMA Grants were available for supplies and training after a formal after action review had taken place. David Masinter voiced concerns regarding the lack of communicationfinformation from the new landowner of the JMHP to its tenants. COMMITTEE REPORTS Scott Arndt, Planning and Zoning Commission Chair, noted that he was dissatisfied with the process of requiring Comprehensive Plan changes before a rezone could take place. He noted that he expressed his concerns to the Community Development Department staff and was dissatisfied with the response he received. He applauded the Assembly for their initiative to get this changed. Mr. Arndt provided an additional update regarding the current work that was before the Planning and Zoning Commission. Assembly member Skinner reported on the Kodiak Fisheries Work Group (KFWG) meeting of December 16 and announced the next KFWG meeting was scheduled for January 13 at 8:30 a.m. She noted that the Fishery Analyst Heather McCarty attended the North Pacific Fishery Management Council (NPFMC) meetings and reported on the Gulf Trawl By-Catch Management Action. She noted that additional dialogue with the processor sector would occur in the near future.The NPFMC was scheduled to meet in Kodiak this summer. Assembly member Symmons gave a report that the Kodiak Work Force Regional Advisory Council would reengage at the beginning of 2016. Assembly member LeDoux noted the importance of the NPFMC meetings being held in Kodiak. The policies they set affect the vitality of Kodiak and the issues were fairly complicated. He advocated that the Assembly would benefit from getting a simplified fishery related presentation from Mr. Duncan Fields and Assembly member Skinner. Assembly member Peterson announced his and Assembly member Skinners attendance of the Kodiak College Advisory Council at 7 a.m. that morning and noted that many things were covered including the University of Alaska Fairbanks Kodiak Seafood Marine Science Center. They put together a task force lead by Dan White who would be working on this issue to provide options over the next year. He mentioned the Kodiak College held its annual strategic planning this past October. Mayor Friend announced that the Borough Lands Committee held its very first meeting on December 16 and he was excited for the potential of the committee in exploring different options and programs for affordable lands and housing in Kodiak. Per Borough code the committee was required to meet at least once a quarter, he hoped that they would meet at least twice a month. PUBLIC HEARING A. Ordinance No. FY2016-07 Amending Kodiak Island Borough Code Chapter 17.25 Definitions, Chapter 17.165 Recreational Vehicle Parks, and Related Chapters in Title 17 Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the Borough and to Specifically List Recreational Vehicle Parks as a Conditional or Prohibited Land Use. Kodiak Island Borough Assembly Regular Meeting Minutes December 17,2015 Page 2 of 8 `Regular Meeting Minutes of December 17, 2015 and January 21... Page 5 of 122 AGENDA ITEM . . LEDOUX moved to adopt Ordinance No. FY2016-07. There was a growing awareness of the need for additional affordable and workforce housing options in Kodiak. The use of recreational vehicles as temporary housing may be one part of a regulatory solution to address the multi-faceted issue. Some of the existing regulatory requirements for recreational vehicle parks had been noted as a disincentive for establishing new recreational vehicle parks or expanding existing parks.The amendments address the issue by reducing or eliminating some of the zoning requirements for recreational vehicle park development. The Planning and Zoning Commission held work sessions and/or special meetings to review the proposed amendments on August 12, September 2, September 9, October 7, October 14, and November 10, 2015. The Commission held public hearings on the amendments at their September 16, and November 18, 2015 regular meetings. Fallowing the November 18, 2015 public hearing, the Commission voted unanimously to recommend that the Borough Assembly approve the ordinance amending KIBC Chapters 17.25 and 17.165, and related Chapters of Title 17, Zoning to revise and update the standards for recreational vehicle parks in the Borough. David Masinter and Judi Kidder spoke to conflicting Ordinances between the two governing bodies and suggested some coordination with the City of Kodiak to ensure compliance. Assembly member Rohrer requested clarification on recreational vehicle (RV) use and the capacity that RVs were used at the VFW RV Park. Community Development Department Director Pederson responded the ordinance would not affect the VFW RV Park; it was grandfathered in. Assembly members Stephens, Crow, and Symmons requested to see the attorney's opinion. Assembly member Skinner asked for clarification regarding exhibit A, Community Development Director Pederson clarified the exhibit would only exist as a reference to the adopted ordinance. Assembly member LeDoux asked if there was an administrative procedures manual or book of interpretations because it was hard to know what was really being voted for. Manager Cassidy responded that there was a book of interpretations in the Community Development Department but that it may not cover all applications. CROW moved to postpone to the next regular meeting of the Assembly. Assembly members Rohrer and Peterson asked for clarification as to what was expected from staff during the postponement. It was further clarified the expectation was to make the Attorney's opinion available to the Assembly and then review the Ordinance again. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. B. Ordinance No. FY2016-09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance, Chapter 3.40 Personal Property Tax, Section 3.40.060 Penalties and Interest. ROHRER moved to adopt Ordinance No. FY2016-09. Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 3 of 8 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 6 of 122 AGENDA I . The ordinance would amend Section 3.40.060 to revise the penalty applied to the tax due upon a person who failed to file a personal property assessment return. ROHRER moved to amend Ordinance No. FY2016-09 by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, Stephens, and Crow. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Stephens, Crow, and LeDoux. BOROUGH MANAGER'S REPORT Manager Cassidy Reported on the following: • An update to the Landfill would be presented at the next meeting • Gave final update an the removal of metals from the outlying communities • Assessing staff members were now certified appraisers and noted the importance of having the designations as those designations were mandated by the State MESSAGES FROM THE BOROUGH MAYOR Mayor Friend asked that the Assembly be understanding of Borough staff as they are trying their best to fulfill requests and their everyday duties. He asked that the Assembly be more specific with their expectations in the future. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision from Open Space/Recreation to Industrial/Light Industrial(P&Z Case No. 16-003). LEDOUX moved to adopt Ordinance No. FY2016-10 in first reading to advance to public hearing at the next regular meeting of the Assembly. The request was to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Open Space/Recreation to Industrial/Light Industrial. A Comprehensive Plan amendment was a prerequisite to rezone the subject lot from C-Conservation to I-Industrial. If the Future Land Use designation was changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Kodiak Island Borough Assembly Regular Meeting Minutes December 17,2015 Page 4 of B "Regular Meeting Minutes of December 17, 2015 and January 21... Page 7 of 122 A 04GENDA ITEM #S.A. Should the Comprehensive Plan be amended and a subsequent rezone approved, the owners could then seek permits to establish any permitted or conditional use allowed by the new zoning, The Planning and Zoning Commission held a public hearing on the amendment request at their November 18, 2015 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY! Rohrer, Skinner, Symmons, Stephens, Crow, LeDoux,and Peterson, 2. Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter 2.30 Rules of the Assembly, Section 2.30,030 Types of Meetings to Change the Commencement and Adjournment Times for Assembly Meetings and Work Sessions and Section 2.30.060 Order of Business and Agenda by Switching the Order of Awards and Presentations and Citizens'Comments, PETERSON moved to adopt Ordinance No, FY2016-11 in first reading to advance to public hearing at the next regular meeting of the Assembly.. The purpose of the ordinance was to change the commencement and adjournment for Assembly regular meetings and regular work sessions. The ordinance also provided flexibility to call other meetings and work sessions as the Assembly deems appropriate as long as reasonable public notice was given. Staff checked With KMXT Manager Mike Wall and he stated that the meeting time change could be accommodated and they would continue the broadcasting of Assembly meetings, The Assembly also requested that Section 2.30.060 Order of Business and Agenda be amended by switching the order of awards and presentations and citizens'comments. STEPHENS moved to Amend Ordinance No. FY2016-11 by moving line 98 above line 97. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Symmons, Stephens, Crow, LeDoux, Peterson, and Rohrer. ROLL CALL VOTE ON MOTION AS AMMENDED CARRIED UNANIMOUSLY: Symmons, Stephens, Crow, LeDoux, Peterson, Rohrer, and Skinner. Other Items 1. Mayoral Appointment to the Planning and Zoning Commission City Seat of Mr. Barry Altenhof. PETERSON moved to confirm the Mayoral appointment of Mr. Barry Altenhof to the City Seat on the Planning and Zoning Commission for a seat to expire December 31,2018. There were currently two vacant City seats on the Planning and Zoning Commission.The seats had been advertised per Borough Code and an application was received from Mr. Barry Altenhof. The City of Kodiak forwarded its recommendation of Mr. Altenhof to the seat to expire December 2018. Kodiak Island Borough Assembly Regular Meeting Minutes December 17, 2015 Page 5 of 8 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 8 of 122 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Crow, LeDoux, Peterson, Rohrer, Skinner, and Symmons. 2. Assembly Direction Regarding Future Formatting of Repealed Sections and Subsections in the Kodiak Island Borough Code. LEDOUX moved to approve Assembly direction regarding future formatting of repealed section and subsections in the Kodiak Island Borough Code. At the December 3, 2015, regular meeting of the Assembly, direction was given to present a proposal regarding future formatting of repealed sections and subsections in the Kodiak Island Borough Code. Adopting the proposal would identify an action to be taken by staff in drafting future ordinances. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, Symmons, and Stephens. EXECUTIVE SESSION A. Discuss Litigation,Trial Strategy,and Tactics Regarding the Markham Cases. PETERSON moved to convene into executive session to discuss litigation, trial strategy, and tactics regarding the Markham Cases. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, Stephens, and Crow. LEDOUX moved to invite the Borough Mayor,Assembly, Manager,Assessor, Borough Attorney via teleconference,and Clark's Office Staff into executive session. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Stephens, Crow, and LeDoux. After the vote, Mayor Friend recessed the regular meeting at 10:12 p.m. and convened the executive session. Upon returning from the executive session, Mayor Friend reconvened the regular meeting at 10:52 p.m. and announced the Assembly had received an update on the litigation strategy provided by the Borough Attorney regarding the Markham cases and the Assembly provided direction to the Borough Attorney going forward. CITIZENS'COMMENTS Judi Kidder complemented the current Assembly for its intelligence and integrity. She commented on various topics such as the removal of scrap metals, Community Development Department (CDD) procedures and processes, and the administrative/arbitrary authorities of CDD staff. Scott Arndt commented on Ordinance No. FY2016-11 and suggested that the Assembly move citizens' comments before executive sessions. He also commented on Ordinance No. FY20116- 07 and offered clarification on the 180 day provision which would only apply to RV parks that didn't have utility hookups to each unit and the change to allow RVs as main dwellings during Kodiak Island Borough Assembly Regular Meeting Minutes December 17,2015 Page 6 of 8 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 9 of 122 AGENDA ITEM . the building of a home. Mr. Arndt suggest increasing the timeline out to June 2017 for the facilities grounds maintenance contract. Neal Cooaer commented on Ordinance No. FY2016-11 expressing that the people need to be heard and there should be the flexibility to move things around to accommodate the citizens. Bob Pederson, Community Development Director, voiced his concerns and noted that the accusations made by the Planning and Zoning Commission Chair that were directed at him were unacceptable. ASSEMBLY MEMBERS'COMMENTS Assembly member Crow was glad to be at the meeting and realized that a lot of ground was covered at this meeting. Assembly member Peterson thanked Engineering and Facilities Staff members Matt Gandel and Dave Conrad for the presentations. Assembly member Stephens commented about the process of revising the Comprehensive Plan before a zoning change could take place. He noted that the Engineering presentation was excellent. He also commented that there had been tremendous progress with the availability of Borough information online. He wished everyone a Merry Christmas. Assembly member Rohrer thanked Engineering and Facilities staff for their presentations. Mr. Rohrer commented on the Comprehensive Plan suggesting it be placed on an agenda for further discussion. He commented an the meeting that the Borough Lands Committee held and felt that it was very productive. He wished everyone a Merry Christmas and a Happy New Year. Assembly member Skinner wished everyone a Merry Christmas. Assembly member Symmons appreciated the comments received at the meeting. Assembly member LeDoux noted that Governor Bill Walker would be in Kodiak next week. He enjoyed the first Borough Lands Committee meeting that was held. He noted that some roads were dangerous and in bad shape and reminded the public to drive safe. He brought attention to the purpose of bringing up issues and that the focus should be on policies and procedures instead of personalities. Announcements The Mayor and a quorum of Assembly members may be in attendance of a Community Reception for Governor Walker on Monday, December 21,2015 at 5 p.m. at the Afognak Native Corporation Building on Near Island. Mayor Friend announced the next Assembly work session would be held on Tuesday December 29 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, January 7 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT ROHRER moved to adjourn the meeting. Kodiak Island Borough Assembly Regular Meeting Minutes December 17,2015 Page 7 of 8 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 10 of 122 AGENDA ITEM M.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Stephens, Crow, LeDoux, and Peterson. The meeting was adjourned at 11:30 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes December 17,2018 Page 8 of 8 'Regular Meeting Minutes of December 17, 2015 and January 21... Page 11 of 122 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting January 21,2016 A regular meeting of the Kodiak Island Borough Assembly was held on January 21, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Assembly member Dan Rohrer. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Larry LeDoux, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. ROHRER moved to excuse Assembly Members Kyle Crow and Frank Peterson who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA ROHRER moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL.OF MINUTES None. CITIZENS' COMMENTS Judi Kidder questioned the progress of Coastal Impact Assistance Grant funded projects allocating metal debris clean up and shipwreck removal at locations on Spruce Cape and Monashka beaches. Betty MacTavish thanked the public and members in public office for their time spent researching, commenting and staying informed about current issues. She thanked the Clerk for responding to her request that the Borough Manager candidates'letters of interest and resumes be made available to the public. She advocated that a public citizen be allowed to participate in the Borough Manager hiring process. Theresa Peterson spoke in support of extending Contract No. FY2016-26 for at least one year. She encouraged the Assembly to work with the City of Kodiak to stay engaged in fisheries. She stressed the importance of extending the contract until final action was reached on pending changes to Gulf of Alaska fisheries management programs. Stephen Taufen spoke in support of extending Contract No. FY2016-26 and advised the Assembly to stay informed on bycatch issues. Alexus Kwachka spoke in support of extending Contract No. FY2016-26, stressed its potential economic effects to the community,and cited an example from King Cove. John Whiddon spoke in favor of holding a joint discussion with the City of Kodiak to discuss Contract No. FY2016-26. He supported the extension of the contract. Kodiak Island Borough Assembly Regular Meeting Minutes January 21,2016 Page 1 of 5 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 12 of 122 AGENDA ITEM #5.A. AWARDS AND PRESENTATIONS Manager Cassidy presented the Employee of the Quarter Award for the fourth quarter of 2015 to Kathie Peters, Projects Assistant in the Engineering and Facilities department. Manager Cassidy presented five-year longevity awards to Jack Maker, Associate Planner/ENF in the Community Development Department and Tom Abell, Baler Operator 1 at the Landfill, a ten-year longevity award to Bill Roberts, Assessor in the Assessing Department and a fifteen- year longevity award to Nova Javier, Borough Clerk in the Clerk's Office. Mayor Friend presented a thirty-year longevity award to Bud Cassidy, Borough Manager, in the Managers Office. Manager Cassidy invited Resource Manager Duane Dvorak to give a presentation on Borough lands. The presentation included an overview of Borough resource management operations, explained how Borough lands were acquired, and described how these lands were utilized in the past. COMMITTEE REPORTS Assembly Member Symmons reported that the Kodiak Workforce Regional Advisory Council had met to discuss the potential to create jobs through an apprenticeship program and encouraged the public to get involved. Assembly Member Skinner reported that the Kodiak Fisheries Advisory Council reconvened on January 8 to discuss the value of continuing to regularly meet. The group had voiced strong support for the council and expected to meet again to discuss potential changes to make the committee more effective. She reported that the Kodiak Fisheries Work Group had met to discuss the Gulf of Alaska trawl by-catch management issue. The group had received a presentation comparing alternatives that the North Pacific Fishery Management Council was discussing. They also had discussed small boat issues and she announced that the Port and Harbor Advisory Board had established a task force to address these issues. She reported that the College Advisory Council had met to discuss the Kodiak College strategic plan and that the next meeting would be held to discuss the plan more in-depth on February 17 at 7 a.m. She invited the public to attend. Mayor Friend reported that the Borough Lands Committee had held its second meeting to establish and prioritize goals. They also discussed codes that could potentially be revised to make Borough properties available to the public. He announced that the next meeting would be on February 3 at noon in the Borough conference room. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • The Kodiak Island Borough Landfill had received their highest score ever achieved on their recent inspection. He acknowledged and congratulated the employees at the landfill. • Eight million dollars of the Borough's bonds had successfully been sold. • The Planning and Zoning Commission would hold its third public meeting to discuss code changes to allow Accessory Dwelling Units. Kodiak Island Borough Assembly Regular Meeting Minutes January 21,2016 Page 2 of 5 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 13 of 122 AGENDA 1T .A. • There would be a meeting scheduled with Chiniak residents to discuss the recent timber cruise as well as the rebuilding of the Chiniak Library. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2014-26 Joint Contract With the City of Kodiak,With Heather McCarty of McCarty and Associates of Juneau,Alaska Fisheries Analyst Consultant Services. STEPHENS moved to approve a one year extension to Contract No. FY2014-26. On February 7, 2014, an agreement was made and entered into by both the City of Kodiak and the Kodiak island Borough with McCarty and Associates for fisheries analyst and consulting and related services. The current term of the agreement with the fisheries analyst remained in full force and in effect for two years and would expire on February 6, 2016. There was a provision in the contract for two one-year extensions upon approval by the Borough, City,and Contractor. LEDOUX moved to postpone to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE FAILED THREE TO TWO: LeDoux, Rohrer, and Symmons(Ayes); Skinner and Stephens(Noes). ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Rohrer, Skinner, and Stephens (Noes); LeDoux and Symmons (Ayes). Assembly Member Rohrer originally voted Yes and changed his vote to No. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2016-12 Amending Kodiak Island Borough Code Title 15 Buildings and Construction Chapter 15.10 KIBC Building Codes to Add a Local Exception to Eliminate the Requirement for Engineering for Certain Residential Construction in the Borough. LEDOUX moved to adopt Ordinance No. FY2016-12 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was requested by Assembly member LeDoux which would amend Chapter 15.10 of the Kodiak Island Borough Code to add a local exception to eliminate the requirement for engineering for certain construction in the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Stephens, Symmons, LeDoux, and Rohrer. Kodiak Island Borough Assembly Regular Meeting Minutes January 21,2016 Page 3 of 5 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 14 of 122 AGENDA ITEM #5.A. Other Items 1. Confirmation of the Mayoral Appointment to the Parks and Recreation Committee (Ms. Sharon Wolkoff). SKINNER moved to confirm the Mayoral appointment of Ms. Sharon Wolkoff to the Parks and Recreation Committee for a term to expire December 2016. There were two vacancies on the Parks and Recreation Committee and the Borough Clerk's Office received an application from Ms. Sharon Wolkoff on January 4, 2016 for a term ending December 2016. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Symmons, LeDoux, Rohrer,and Skinner. CITIZENS'COMMENTS Judi Kidder was concerned that the projects mentioned in her earlier comments would not likely be able to be completed within the given timeline to take advantage of the Coastal Impact Assistance Grant funds. She also voiced support for Accessory Dwelling Units (ADUs) but touched on her concerns regarding some of the ADU-related issues presented at the Planning and Zoning Commission meeting. Betty MacTavish asked the Assembly to consider that other meetings overlap with the Assembly's schedule and that it sometimes raised difficultly for citizens to attend. ASSEMBLY MEMBERS'COMMENTS Assembly Member LeDoux discussed the importance of proposed Ordinance No. FY2016-12, stating that engineering was necessary for some structures, and recognized the role of the Building Code Review Committee to review the proposed ordinance. He expressed his appreciation for calls he had received regarding fishery issues, thanked Manager Cassidy for his 30 years of service to the Borough, announced the upcoming Kodiak Archipelago Rural Regional Leadership f=orum and expressed his enjoyment of the strategic planning process. Assembly Member Symmons thanked members of the public and Borough staff for participating in meetings and congratulated the Borough longevity award recipients. He complimented Duane Dvorak on his presentation and agreed with Betty MacTavish's comments about conflicting scheduled public meetings. He congratulated Assembly Member LeDoux for being persistent to produce proposed Ordinance No. FY2016-12. He also touched on the facilities contract issues and voiced his disappointment in the recent vote regarding an extension to a liquor license transfer. Assembly Member Skinner emphasized the importance of the public making their voices heard. She expressed her interest in holding discussion of the Borough's role and involvement in fisheries policy and the necessity for this to be resolved before discussing an extension of Contract No. FY2014-26. She commended Duane Dvorak on his presentation. Assembly Member Rohrer congratulated the recipient of longevity awards. He gave an update on the Borough Lands Committee Meeting of January 20 and fishery issues. He announced that he would be bringing Contract No. FY2014-26 up for reconsideration. He stated that the Assembly's role in fish policy should be discussed before reaching a decision on the contract. Kodiak Island Borough Assembly Regular Meeting Minutes January 21, 2016 Page 4 of 5 'Regular Meeting Minutes of December 17, 2015 and January 21... Page 15 of 122 AGENDA ITEM #S.A. Assembly Member Stephens discussed legitimate reasons for Assembly members to be excused from attending Assembly Meetings. He touched on the municipal bond sale and expressed his opposition to placing citizens on a Borough manager hiring committee. He stressed the importance of keeping a long-range view of fiscal matters in regard to strategic planning discussions. Announcements Mayor Friend announced he and members of the Assembly had been invited and may be in attendance to the Kodiak Archipelago Rural Regional Leadership Forum on Wednesday, January 27 from 1:45 p.m.to 3:30 p.m. at the Kodiak College. The Assembly and City Council would hold a joint work session on Wednesday, January 27 at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session would be held on January 28 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was scheduled for February 4 at 6:30 p.m. in the Borough Assembly Chambers. The Mayor and members of the Assembly may be in attendance of the State of Alaska State Budget Community Presentation on Saturday, January 30, 2016 from 9 a.m. to 11 a.m. at the Kodiak Convention Center. ADJOURNMENT ROHRER moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, LeDoux, Rohrer, Skinner,and Stephens. The meeting was adjourned at 7:55 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol f=riend, Mayor Nova M.Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes January 21,2016 Page 5 of 5 "Regular Meeting Minutes of December 17, 2015 and January 21... Page 16 of 122 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Special Meeting January 14, 2016 A special meeting of the Kodiak Island Borough Assembly was held on January 14, 2016, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Lary LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Manager Bud Cassidy, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. UNFINISHED BUSINESS - State of Alaska Alcoholic Beverage Control Board for a Liquor License Transfer of Ownership, Transfer of Location, and dba Name Change Permit for Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits #622. The motion on the floor was to move to voice non-protest to the State of Alaska Alcohol Beverage Control Board for a Liquor License Transfer of Ownership and DBA Name Change permit Wayne L. Sargent dba Kalsin Bay Inn to Wayne T.Sargent dba KBI Spirits#622. The application was for a liquor license transfer of ownership and dba name change permit for Wayne L. Sargent dba Kalsin Bay Inn to Wayne T. Sargent dba KBI Spirits #622. The KIB Assembly may protest an application within a 60-day period.The deadline to lodge a protest was January 16. The Clerk's office followed the procedure in KIBC 5.01.030 New license and transfer procedure and sent out 14 public hearing notices.An email was received from Jamie Brooks of the State of DOT noting that KBI Spirits did not have authorization from the State to operate at the airport. The Assembly decided to postpone the liquor license to a special meeting on January 14, 2016 to solicit more comments regarding this license. Assembly member Crow submitted the attached resolution for Assembly consideration which opposed the approval of the application at this time and requested the State of Alaska Alcohol Beverage Control Board to postpone a decision for at least two months and provide a new deadline for the Kodiak Island Borough to respond. LEDOUX moved to amend the motion by adopting Resolution No. FY2016-25 opposing the approval of the application at that time and requested the State of Alaska Alcohol Beverage Control Board postpone a decision for at least two months and provide a new deadline for the Kodiak Island Borough to respond. ROLL CALL VOTE ON MOTION TO AMEND FAILED THREE TO FOUR: Crow, LeDoux, and Symmons(Ayes); Peterson, Rohrer, Skinner, and Stephens(Noes). ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO THREE: Peterson, Rohrer, Skinner, and Stephens(Ayes); Crow, LeDoux,and Symmons(Noes). B. Sponsorship Request from the Afognak Native Corporation for the State of the Alaska Kodiak Island Borough Assembly Special Meeting Minutes January 14,2016 Page 1 of 2 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 17 of 122 AGENDA ITEM #5.A. State Budget Presentation, PETERSON moved to approve the sponsorship request from the Afognak Native Corporation in the amount of$660 from the honorariumstamenities account. Dr.Alishe Drabek sent an email to the Mayor and Assembly on January 6, 2016 asking for a co- sponsorship for the State of the State of Alaska Event. The amount requested was $660 and would be used to sponsor a City Council representative from each village to attend. Possible budget source: Honorarium/Amenities-Amount available$5036.00 Town Meeting Costs-$3,000 ROLL CALL VOTE ON MOTION FAILED THREE TO FOUR: Peterson, Rohrer, and Skinner (Ayes); Crow, LeDoux, Stephens,and Symmons(Noes). ADJOURNMENT SYMMONS moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Stephens, Symmons, Crow, LeDoux,and Peterson. The meeting was adjoumed at 6:53 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerrol Friend, Mayor Nova M.Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Special Meeting Minutes January 14,2016 Page 2 of 2 *Regular Meeting Minutes of December 17, 2015 and January 21... Page 18 of 122 AGENDA ITEM W.B.I. KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 18, 2016 `'J%fi u,Y' ASSEMBLY REGULAR MEETING r!% TITLE: Resolution No. FY2016-27 Approving the Village of Karluk and Kaduk IRA Tribal Council to Participate in the FY2017 Community Revenue Sharing Program. ORIGINATOR: Karl Short FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This resolution identities Karluk as an unincorporated community that meets the Community Revenue Sharing Program eligibility criteria established under AS 29.60.865,AS 29.60.879 and 3 AAC 180.110. Karluk has more than 25 residents and provides fire protection, emergency medical response, water and sewer, solid waste management,and public road maintenance to its residents. RECOMMENDED MOTION: Move to adopt Resolution No. FY2016-27, Kodiak Island Borough Resolution No. FY2016-27 Approving the Village of Karluk and...,: Page 19 of 122 AGENDA ITEM W.B.I. 1 Introduced bY' Borough Manager 2 Requested by: Finance Department 3 Drafted bY7 Finance Department 4 Introduced on. 0310312016 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH e RESOLUTION NO.FY 2016-27 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 11 BOROUGH APPROVING THE VILLAGE OF KARLUK AND KARLUK 12 IRA TRIBAL COUNCIL TO PARTICIPATE IN THE FY2017 13 COMMUNITY REVENUE SHARING PROGRAM 14 15 WHEREAS, AS29.60.865 and AAC 180.070 require the Borough Assembly to adopt a 16 resolution identifying those unincorporated communities Ionated within its municipal boundaries 17 that meet the Community Revenue Sharing Program eligibility criteria established under AS 18 29.60.865,AS 29.60.879,and#AAC 180.110;and 19 20 WHEREAS, Karluk has an IRA Tribal Council that agrees to receive and spend the 21 community Revenue Sharing Payment for the public benefit;and 22 23 WHEREAS, Karluk has 25 or more residents residing as a social unit;and 24 25 WHEREAS, Karluk provides fire protection, emergency medical response, water and sewer, 26 solid waste management,and public road maintenance. 27 28 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that the Kodiak Island Borough, by this resolution, hereby certifies that the Village 30 of Karluk, through the Karluk IRA Tribal Council, is eligible for funding under the FY2017 31 Community Revenue Sharing Program. 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS DAY OF 2016 35 36 KODIAK ISLAND BOROUGH 37 38 39 40 Jerrol Friend,Borough Mayor 41 ATTEST: 42 43 44 45 Nova M.Javier.MMC,Borough Clerk Kodiak Island Borough Resolution No.FY2016-27 Page 1 of 1 Resolution No. FY2016-27 Approving the Village of Karluk and... Page 20 of 122 AGENDA ITEM #13.B.1. Dora Cross From: A96lynn@aol.com Sent: Tuesday,February 02,2016 1.19 PM To: Dora Cross Subject Re:FY2017 Community Revenue Sharing Program Hi Dora The services offered are correct. Thankyou In a message dated 2rM016 115A9 P,M.Alaskan Standard Time,dgEg%-gkQdigk@k,y1 writes: Hello,Ms.Reft-Andrew: My name is Dora Cross and I am the Revenue Accountant for the Borough.I received your contact information from Bud Cassidy,who said you were the person to contact regarding the Karluk IRA Tribal Council. I am preparing to submit the annual resolution to the Assembly which certifies the Village ol'Karluk,through the Native Village Council,is eligible for funding from the State Community Revenue Sharing Program. I have attached a copy of State Statute See 29.60.865,which details the eligibility requirements for reserves and communities,and an AAC Reference for detenninationofa social unit. Ifyou could respond back tome with a list of services the Tribal Council offers to the Village,I can complete application and forward the resolution to the Assembly. Thank you,and please let me kno%% if you have an),questions. Dora Cross Accountant Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 90T486,9325 Resolution No. FY2016-27 Approving the Village of Karluk and... Page 21 of 122 AGENDA ITEM . . . Sec.29.60.865.Eligibility requirements for reserves and communities. (a)The department,with advice from the , f,"q'I,, f,,,Law hgll,,,de ermine whether there is in each community or reserve an Incorporated nonprofit entity or a Native village council that will aWiree to receive anal scion co uni(y revenue wa fil f, Wiffe-, �s miire than one qualified entity in ary reserve or community intheunorganized borough,the department shalt pay the money to the entity that the department finds most qualified to receive and spend the money on behalf of the reserve or community The department may not make a community revenue sharing payment to a Native village council unless the council waives Immunity from suit for claims arising out of activities of the council related to the payment.A waiver of immunity from suit under this section must be on a form provided by the Department of Law.1f there is no qualified incorporated nonprofit entity or Native village council in a reserve or community that is willing to receive the community revenue sharing payment and use the payment on behalf of that reserve or community,the payment for that reserve or community may not be paid.Neither this section nor any action taken under it enlarges or diminishes the governmental authority or jurisdiction of a Native village council. (b)The department may make a community revenue sharing payment on behalf of a community in a borough or unified municipality only to the municipality for payment by the municipality to an Incorporated nonprofit entity or Native village council ihal..lira a n ao rov d kyr a j�g fg ) tq , e ts,,,of a L of this section_.The department shall have written evidence of the assembly approval. If there Is more than one qualified entity In a community in a borough or unified municipality,one of the entities may receive the entire payment,or the payment may be shared between two or more of the qualified entities,as determined by the assembly. (c)A community in a borough or unified municipality is eligible for a community revenue sharing payment only if a' , ;p;,gh,gM A ��gfWbt a ailble � ,all residents of the commurnand each of the three services,in any combination are provided by one or more qualifying Incorporated nonprof entices or a Naatinvevel age counct or are substantially paid for by the residents of the community through taxes;,charges„or assessments levied or authorized by the borough or unified municipality: °j�`ffre pr (2)emergency medicat,, (3)water and sewer; (4)solid waste management;, (5)public road or foe road maintenance; (6)public health; (7)search and rescue. Sec.29.60.879.Denriltions.In AS 29.60.850-29.60.879, (1)"community"means a place in the unorganized borough,in a borough,or in a unified municipality that is not Incorporated as a municipality,that is not a reserve,and in which 25 or more individuals reside as a social unit; (2)"reserve"means a place that is organized under federal law as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a)and is continued In existence under that subsection. Resolution No. FY2016-27 Approving the Village of Karlukand... Page 22 of 122 AGENDA ITEM M.S.1. 3 AAC 180.110.Determination of social unit (a)The following factors shall be considered as presumptive evidence that individuals permanently residing In a community are considered a social unit under AS 29.60.879(1)for purposes of determining community eligibility under AS 29.60.865: (1)the geographic area in which the persons reside Is not disproportionate in size to that number of persons;in determining whether this standard has been met consideration shall be made to the physical topography of the area,the use of the land,land ownership patterns,and other factors that could affect population density;an area with a population density of at least 14 persons per square mile Is considered to have met this standard; (2) persons residing In that area are a discrete and Identifiable unit; in determining whether this standard has been met, consideration shall be given to the school enrollment, sources of employment, voter registration, and the permanency ofdwelling units; if the area has at least one commercial establishment, and If persons residing in the area do so in permanent dwelling units and their children are enrolled In an operating school in or near the area, this standard Is considered to have been met. (b) Individuals residing In the following places are not considered to be a social unit under AS 29.60 879 (1) for purposes of determining community eligibility under AS 29 60,665: (1) a place where public access or the right to reside at the location is restricted-, (2) a place that Is contiguous to a city and Is dependent upon the city to the extent that it exists only because the city exists,or (3) a place provided by an employer that Is populated primarily by persons who are required to reside there as a condition of their employment. Resolution No. FY2016-27 Approving the Village of Karluk and... Page 23 of 122 AGENDA ITEM #93.0.9. KODIAK ISLAND BOROUGH AGENDA STATEMENT ellFEBRUARY 18, 2016 '� ASSEMBLY REGULAR MEETING mR '1401 TITLE: Ordinance No. FY2016-13 Amending the Kodiak Island Borough Code Title 2 Administration and Personnel Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Ouorum and Voting Requirements. ORIGINATOR: Angela MacKenzie FISCAL IMPACT: No FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: The Kodiak Workforce Regional Advisory Council met on Tuesday, January 12,2016.This Council has been inactive for quite sometime and during its inactivity, it has been found that there different interpretations of the code regarding how to meet its quorum. The Council had the opportunity to review the code and requested an amendment to Title 2 Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Ouorum and Voting Requirements to change:A majority of the holders of filled appointed and designated seats shall be a quorum for the transaction of business. This would mean that only those currently filled seats would be counted to account for the determination of quorum as opposed to the entire membership.A legal review was provided to the Assembly regarding this change to make sure that it is not in violation of State Law and Borough Code. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-13 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-13 Amending the Kodiak Island Borough C... Page 24 of 122 AGENDA ITEM #73.0.1. Introduced by: Dennis Symmons Requested by, KWRAC Council Dratted by! Clerk's Office Introduced: 2f 04/2016 I Public Hewing: 2 Adopted: 3 4 KODIAK ISLAND BOROUGH 5 ORDINANCE NO. FY201643 6 7 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 8 BOROUGH AMENDING THE KODIAK ISLAND BOROUGH CODE OF 9 ORDINANCES TITLE 2 ADMINISTRA77ON AND PERSONNEL 10 CHAPTER 2.155 KODIAK WORKFORCE REGIONAL ADVISORY II COUNCIL SECTION 2.155.060 QUORUM AND VOTING 12 REQUIREMENTS 13 14 WHEREAS, the Kodiak Regional Workforce Advisory Council, at a public meeting on 15 January 12, 2016, requested a revision to KIBC 2.155.060 Quorum and voting 16 requirements;and 17 18 WHEREAS, KWRAC recommends that the quorum and voting requirements be 19 amended due to the difficulty of obtaining a quorum 10 conduct business;and 20 21 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 22 BOROUGH that: 23 24 Section 1: This ordinance is of a general and permanent nature and shall become a 25 part of the Kodiak island Borough Code of Ordinances;and 26 27 Section 2: Kodiak Island Borough CodeTille 2 Administration and Personnel 28 Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 29 2.155.060 Quorum and(noting requirements is hereby amended as follows: 30 31 2.155.060 Quorum and voting requirements. 32 A majority of the holders of the filled appointed and designated seats or 33 their designated representatives shall be a quorum for the transaction of 34 business. The affirmative votes of the majority of the filled holders of the 35 appointed and designated seats or their designated representatives shall 36 be required to carry a question. In the absence of a quorum for the 37 transaction of business, any number less than a quorum may adjourn or 38 recess a meeting to a later time or date 39 40 Kodiak Island borough,Alaska Ordinance No.FY2016-13 Page 1 of 2 Ordinance No. FY2016-13 Amending the Kodiak Island Borough C... Page 25 of 122 AGENDA ITEM '3.C.'. 41 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 42 THIS DAY OF 2016 43 44 45 KODIAK ISLAND BOROUGH 46 47 48 49 Jerrol Friend,Borough Mayor 50 51 ATTESTT, 52 53 54 55 Nova M.Javier,MMC,Borough Clerk Kodiak Island Borough,Alaska ordinance No.FY2016-13 Page 2 of 2 Ordinance No. FY2016-13 Amending the Kodiak Island Borough C... Page 26 of 122 AGENDA ITEM #93.C.Z KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 18. 2016 ' • v TITLE: Ordinance No FY2016-14 Repealing Ordinance No. 96-06, Reserving Certain Borough Lands as a Vegetative Screen,and Reserving an Amended Greenbelt Buffer Along the Common Boundary of the Monashka Bay Road Service Area and the Kodiak Island Borough Baler and Landfill. ORIGINATOR: Duane Dvorak FISCAL IMPACT: FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: The Kodiak Island Borough has, by prior agreement with the Monashka Bay Road Service Area Board, provided a vegetative greenbelt buffer between the residential areas of the service area and the noise and activities of the Kodiak Island Borough Landfill. With the development of a new wastewater treatment plant to process landfill leachate, and related survey and zoning boundary amendments,the service area had agreed to support an amendment to the greenbelt boundary so that the greenbelt buffer would not encroach into the Industrial portion of the landfill where the new treatment plant is located. Staff met with the Monashka Bay Road Service Area Board on December 9th,2015 and provided several weeks for additional feedback to be received from the community on this issue. The only issue raised pertains to the status of Lot 2,Sawmill Subdivision. This lot had been tentatively identified as an addition to the greenbelt buffer due to proposed zoning changes to Industrial on Lot 1, Sawmill Subdivision. Lot 2, Sawmill Subdivision has now been pulled out of the proposed greenbelt buffer in order to allow the Borough Lands Committee an opportunity to evaluate this parcel for potential land disposal. The remaining greenbelt buffer description has been reviewed by a surveyor for accuracy and a revised ordinance is now submitted for consideration by the assembly. RECOMMENDED MOTION: Move to adopt KIB Ordinance No. FY2016-14 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserv... Page 27 of 122 AGENDA ITEM #13.C.2. Introduced by: KIB Manager 3 3Requested by MBRSArEng.a Fac. Dratted by' Resource Management 6Officer Inlroduced; 0211812016 Public Hearing: 10 Adopted: ll 12 KODIAK ISLAND BOROUGH 13 ORDINANCE NO. FY2016-14 14 15 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 16 REPEALING ORDINANCE NO. 98-06 RESERVING CERTAIN BOROUGH 17 LANDS AS A VEGETATIVE SCREEN, AND RESERVING AN AMENDED 18 GREENBELT BUFFER ALONG THE COMMON BOUNDARY OF THE 19 MONASHKA BAY ROAD SERVICE AREA AND THE KODIAK ISLAND 20 BOROUGH BALERILANDFILL 21 22 WHEREAS, the Monashka Bay Road Service Area shares a common boundary with the 23 Kodiak Island Borough Landfill site;and 24 25 WHEREAS, the Monashka Bay Road Service Area requested the Kodiak Island Borough to 26 restrict activities along a two hundred(200)foot common boundary of the service area and Lot 2 27 of the Kodiak Island Borough Landfill Subdivision;and 28 29 WHEREAS, the Kodiak Island Borough assembly has adopted prior Ordinances No. 87-15-0 30 and No, 98-08, reserving certain Borough lands as a vegetative screen, greenbelt and buffer 31 area;and 32 33 WHEREAS, the Monashka Bay Road Service Area borough approved a request to build a 34 new wastewater treatment facility that effectively improves upon and effectively replaces the 35 former bloremediation pond and swale that were included within the reserved vegetative screen, 36 greenbelt and buffer area;and 37 38 WHEREAS, the operation of the wastewater treatment facility is an industrial land use in a re- 39 platted portion of the landfill that is now zoned for Industrial land uses, which makes it 40 appropriate to adjust the boundary of the reserved vegetative screen,greenbelt and buffer area 41 to exclude this facility going forward;and 42 43 WHEREAS, the zoning of Lot 2, Kodiak Island Borough Landfill Subdivision is now NU- 44 Natural Use which encourages the passive recreation use of land and prohibits the motorized 45 use of trails and which may also suggest some further changes to the characterization of the 46 reserved area in the context of prior greenbelt buffer ordinances; 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 49 BOROUGH THAT: 50 51 Section 1; This ordinance is of a general and permanent nature and shall not become a part 52 of the Kodiak Island Borough Code of Ordinances; 53 Kodiak Island Borough,Alaska Ordinance No FY2016-14 Page 1 of 2 Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserv... Page 28 of 122 A &4GENDA ITEM #13.C.2. 54 55 Section 2: Ordinance No. 98-06 is hereby repealed In order to be reenacted by this 56 ordinance to reserve a greenbelt buffer(Exhibit 1) along the common boundary 57 of the Monashka Bay Road Service Area and Lot 2 of the Kodiak Island Landfill 58 Subdivision described as follows: 59 60 Beginning at the northeasterly corner of Lot 2,Kodiak Island Borough Landffil Subdivision,Plat 61 2015-1 also common with the Northwesterly comer of U.S.S. 1678,Kodiak Recording District; 62 (1) thence, SI'2526"E,a distance of 3070.17 feet to a point per plat 2015-1; 63 (2) thence, S28'2227W,a distance of 256.87 feet to a point; 64 (3) thence, S42'04'20'W,a distance of 1327.72 feet to a point, 65 (4) thence,N35'5559W,a distance of 1120.11 feet to a point, 66 (5) thence,N62'12'13"E°a distance of 1468.76 teat to a point, 67 (6) thence, N29*02*51 W,a distance of 1037.96 feet to a point,, 68 (7) thence,N2'I 1'57'W,a distance of 209.71 feet to a point; 69 (8) thence, N18*40'40"E,a distance of 173.04 feet to a point, 70 (9) thence, N06'4 1'33'W,a distance of 113.45 feet to a point; 71 (10) thence, N24'4038'W,a distance of 222.60 feat to a point; 72 (11) thence, N22'20 36"E,a distance of 95.37 feet to a point, 73 (12) thence, N65'37'09 E, a distance of 78.20 feet to a point; 74 (13) thence, N45'42 44"E,a distance of 153.78 feet to a point; 75 (14) thence, N19'4147 E,a distance of 99.95 feet to a point; 76 (15) thence, N80'26716 E,a distance of 75.20 feet to a point; 77 (16) thence, N54'00'19 E,a distance of 120.42 feet to a point; 78 (17) thence, N3*34'07'E, a distance of 137.95 feet to a point; 79 (18) thence, N66'1334 E,a distance of 170.16 feet to a point., 80 (19) thence, N42*3446E,a distance of 95.49 feet to a point; 81 (20) thence, N6*4628W, a distance of 82.16 feet to a point; 82 (21) thence, N28'05'01"E.a distance of 305.45 feet to a point; 83 (22) thence, N49*2748'E, a distance of 92.62 feet,which Is the point of beginning. 84 Containing 66-6 acres,more or less. 85 86 Section 3*. This reservation prohibits the cuffing and removal of all trees and vegetation and 87 limits activities with the excep Aign of the activities necessary for health purposes, 89 such as a stormwater retention basin for the landfill,with the concurrence of the 89 Monashka Bay Road Service Area Board. 90 91 92 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 93 THIS DAY OF 2016 94 95 96 KODIAK ISLAND BOROUGH 97 98 99 100 Jerrol Friend,Borough Mayor 101 102 ATTEST: 103 104 105 106 Nave M.Javier, MMC,Borough Clerk Kodiak Island Borough,Alaska Ordinance No FY2015-14 Page 2 of 2 Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserv... Page 29 of 122 AGENDA ITEM #1 . .2. 4 � Y 8 P. J �I, /i�J7J' V ql/ 3 J//J!Z✓,1 � ure Ca J ,•AV iu W m N MUI a u. Pulm Ill 10, Ma11, mmuWmo-W�W,unnmpwn�rm euro � m C „ W m � C IIII °"R WLL LL '13 C4 OU M W J J IIIC �I W � Z .W ii. CID a ir .J C J bl h IM � z Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Resenr... Page 30 of 122 AGENDA ITEM #13.C.2. Introduced by: Mayor Selby Requested by: Engineering/ Facilities Department Drafted by: Environmental Engineer Introduced: 04/07198 Public Hearing: 04/16198 Adopted: 04/16198 KODIAK ISLAND BOROUGH ORDINANCE NO. 98-06 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING ORDINANCE NO. 87-15-0 RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE MONASHKA BAY ROAD SERVICE AREA AND BALER/LANDFILL WHEREAS, the Monashka Bay Road Service Area shares a common boundary with the Kodiak Island Borough baler/landfill site; and WHEREAS. the Monashka Bay Road Service Area requested the Kodiak Island Borough restrict activities along the two hundred foot 1200') common boundary of the service area and ADL 44355, as well as within a two hundred foot (200') buffer surrounding a former beaver pond; and WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87-15-0 reserving certain Borough lands as a vegetative screen and greenbelt; and WHEREAS, the Monashka Bay Road Service Area board approved a request of the Borough to change the greenbelt to accommodate landfill expansion; and WHEREAS, this reservation will serve as a visual and sound barrier separating activities at the landfill site from residences in the road service area; NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough code of Ordinances. Section 2: Ordinance No. 87-15-0 is hereby repealed to be reenacted by this ordinance to reserve a greenbelt along the common boundary of the Monashka Bay Road Service Area and ADL 44355 described as follows: Beginning at the most westerly corner of Lot 1, Sawmill Subdivision, Plat No. 84-46; Kodiak Island emmgh,Alaska O,dinmes No.98-06 Page 1 of 2 Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Resery.. Page 31 of 122 ITEM T . (1) thence, N37"16'44"W, 264.04 feet, 121 thence, S65 900'11"W, 491.62 feet 131 thence, S85 e21'00"W, 171.78 feet; (4) thence, N34®39'00"W, 411.00 feet; (5) thence, N25'2 1'00"E, 739.00 feet, (6) thence, N63"3246"E 1486.67 feet; (7) thence, N27°42'18"W, 1,163 feet, more or less, to the Mean Hlgh Water Line along Monashka Bay; (81 thence, northeasterly, approximately 2,100 feet, more or less, along said Mean High Water Line to the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey,' (9)thence,along the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey S00 972'33E, 3093.17 feet, more or less, to the southwesterly corner of U.S. Survey 1678, common with the most northerly corner of Lot 2, Sawmill Subdivision, f 101 thence, S29 4532"W, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; (11) thence, S43'25'09"W, 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning. Containing 80.28 acres, more or less. Section 3: This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the exception of the activities necessary for health purposes, such as a settling pond for leachate for the landfill, with the concurrence of the Monashka Bay Road Service Area board. Section 4: Park development may occur on Lot 2, Sawmill Subdivision with the concurrence of the Monashka Bay Road Service Area board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 KODAK ISLAND BOROUGH Jar a M. S Gary ens, Presiding Officer ATTEST: Donna F. Smifh,CMCIAAE, Borough Clerk Kadmk Island 9amugh,,.Alaska ordnance No.99-06 Page 2 of 2 Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserv.., page 32 of 122 AGENDA ITEM #93.C.2. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......................................................... mw lta 6 5 4r �� x ” ✓(p—�,,,/'�__ .�--� �.gym,. ��,.��,°�A �� ;.:. ,'�" �° ,4i.."�°�..�^�� A �.. 'm ..�M ,i, ® �—"_"eI na �,�y�'��"�i"��I N� ......-•...-......d III 9 pB "� ul '�~<.,,,� µwm 'ten✓' / w°�� ;..� ,""�' �"".°��` k,�h ��^ � Hwy„ �,✓ a,,,,immr m ia��uff Ul.wmu uumdRNR::wP i Ordinance deo FY2016-14 Repealing rimanNo. 98-06:, U rv... Page 33 of 122 A •IAC.t. dfi3 w I 9.1. gg i ✓yea 1 J Y1 6"9 d 6PPP j; e " ^��1� �+m�,.��Rlf" yq�'�Mk � ^�p� p,,� ii:.a A ., uall�✓IJ" u�ryry„y pgryppry,�,� V a r m rl�� + ¢fir P m4W,r, � � ✓�, ` ,` '� f µ W ! � N �',,, �� ✓ ,� ani . ,dl � r hid��I�IV � �u a��, � � % � �,µpa°o��✓�°��„✓°M a I III ilY � I m a � o SIVII Ip II � It p RI, dolN it tau �., m W W � P q u kW pp IVI p�p�,mN � !a,�'"an,.. m m ✓ w u � q � i �,�.k��N�� n7�i��'�� G I! i ii9e��uwaurv„;mmmwiin �wu✓umw.mmw uma AGENDA ITEM #13.C.2. MONASHKA SAY ROAD SERVICE AREA Regular Meeting and Public Hearing December 9,2016,,y PM, Sayside Fire Hall Minutes C20 to order 7,08pn lby'Tom Lame Roll Call Aill Board mncmnpx^rs present Cr l.uamcc,Andy Dam,Randy Spivey) 7 scats vacant Open Forum(Public curonanmcmus Bathed Oar 3 mnin.l2^None Guests lAttendinpp°Duane Dvorak Approval orAgenda-Motion by QR Spivey, ISICC dA Dana%Miction I'a.Ascd *pnlpurmvmll or minutes from mar 17.2015 Regular Mcctiing Motion to apparr ve mninuuM-s by R Spwcy. Scu By *Dano,Motion Passed Reports The 1pcodnrale filling and washboard repair lmd to be one the nu.t day, Could have been QR ucr ttlimtunhhrd Business IRcvicvucd pmar®t dpscrasion almuut CaCI11 f:ur dwst Contrtol and saarrace stabillity.Brecbaxtn Dari tJtmc hags or calcium chloride for dust comrurl and binding ungem.&*t we aaude rad earlier this year, Will order more for this neat stunumer to cunveT alp meads recommended to rusc an wash board arcu as biaudcr. New Business *Wasuu:water treaum ent pallanut air pumps:Dave Conrad-KIR will be looking into aur siQeunca.-rs for the intnkc on wr Oar nbclh purpose p �x �1! ose of and xuuninga explained by Duane IIDv oral- a ,f � huller r� •ICIQD...iceR' lay it me a huller xrrmu: be tvuccri indastrial land and residential, Duane will make adyuustnu a ks to dmfl onfinan=Board aapap reciaied Duane's we.nk and supports Greenbelt to parwatmt private pnrraprerty vatucs 4irwrum landfill.lrkDry IumtQuea ernunrmeints pass ta)Tbrn II..a Lace. wimwya � p vmn r arwr�rnrnw��r�mu m�� 1 na awvcay n s:: tkn pore urraoarorp nu ur wvay pay se r evnewvs r�mu n a len r�:an veu1 alpavroarruaro�iv Prong)and Porrest Gould(stiillll in disotmiurun with Andy r:hmedem.agent),,by supervision usrl'or n p.a ncc andlor Andy IDaunnn, Winter Road Maintumancn:.State or{Allaslka notice,IRoad%will only pae pnlrnwed and,scandrd during nnrrraal work kaoun uunlms ennerScroLy vclhiic0as cat respond diuc tui conditions,.MBRSA Call Out Ro%tca;Tom Lance I'd mnauyc.. Randy Spni o;y Secondary MUIRSA board a itrncmt. Two o1nin sca iss Brace McNeil volunteered fair one scat-IIae will rile papers, Motion by IIR Spivey Sec by A Dm. o to adopt the Maslka DUF prat. Il fnnr c ulv+crts:Home awner pncurclmscs and installs cLdvcrt up to.30 feet and afterwards tine MlpRSA will ranaintnin IL once apspnmvcd by the Boar& Motion P'as.scd Board Comments IDanus-Would like twu ser„a succi„tigid at the pond at the para&luau,rat"II"brec Sisters Ad,iournrunemt 8.48pu Next Meeting Jan 20 21116,7:011 I'M DayOde biro Dept(tcranaivfe)Work Scssion to discuss 301 7 Budget sidrucal signed Randy Spivey-roecu,etarg °n%onnams nines:4 Chairman Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserv... Page 35 of 122 AGENDA ITEM #13.C.Z Mlrnan ILartrd Surveying P.O.Box 8545 Kodiak,AK SMIS 907-942-4M RE:Dead Dtscription 2JO6/2016 Dear KIS, HN*"WftM a MWW Old WmXb dwSpApban forft PWG=d MusobaMObratft Kocrok W"Bw�Leart pwpww& Beanr*V of Me nor0wastuo omw of Ld Z Kodak IzWW Bummh L&wM SubdWsw,,Plat 2015-1 abo owwwon v#*h Um Nardwasterfy conw of US 8-1679, . (9) Mwm, St`25W'F-adW&m@*FM?VIFAWIOVPoWpwpfW2015-1,, M Nmvw. S2ffV227W,a distance of 2W87ftatiospobt (3) ftree. S42'0420W,a distance of 132772AWbapokit (4) Mwcu. N35'WWW,a distance o0`1120.11AWtompoint M flome. AW'f273'F-a dstance oft 4B&MAWbapoint (6) memo, W9VrfiJ W,a distance of 1=96 Aidju a poM (7) thence, AW1 1'57W.a distance of 209.71 AW In a poft 4a) Vww% NIB'40'40'& a distance of 173 ba M) Mence. MB141'33W.a distance of 113.45 AWA3 MP&* (10) dienva, N24'40WW,a distance of=60 Asia;a pubt (11) dwricat AP22-AMF,a d[stance of 0537 AW In a pow* (12) ft-M ANW37W'F- a distanceof?R20AW100pobt (13) 42447, a distance of 153.70AWIlospoM (14) hAwm N1 014 1'477_a distance of M 95 W to a pnkt (15) Menm N50'25M'F-a didancs of 7120 tog to a poirt t18) Menck &64*00'19T-adstancoof 120.42hatiampai* (17) Maws, Mr34W7, (10) Vxn;% 113 'E, a distance of 1711.16"bapoM (10) adbtawooff;149AWI*Ppuit f2O) Vwxs. W462M, a distance ofaziaberibapoot (21) Mence. 1112B1151011E,a d1stance of 305.45 W ft a p*t Mence, N49127'48'& adistamoofD2B2AW*tkhnffwpoWofbagirw*V ContainmWOaass, "or Am. Timothy J.Mlknan,PLS 13946 F A .. ............ Tum"J.WWkmn LS-13M x Ordinance No FY2016-14 Repealing Ordinance No. 98-06. Reserv.. Page 36 of 122 AGENDA ITEM #13.C.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 18, 2016 JA ell ASSEMBLY REGULAR MEETING * Gw° " mai TITLE: Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of a t 28.9 Acre Portion of Tract B, U.S. Survey 4793 From Conservation To Industrial/Light Industrial (P&Z Case No. 16-004). ORIGINATOR: Jack Maker FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This request is part of the City of Old Harbor's effort to increase economic development potential in the community. Efforts so far have included improvements to the harbor,dock, and airport facilities. In addition, a Conditional Use Permit was recently approved for a hydroelectric project that is expected to break ground in early 2017.To further improve economic development potential, Old Harbor hopes to rezone this site to 1-Industrial to encourage industrial development that will benefit the local economy. Amending the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial is a necessary prerequisite to rezone the site from R1-Single-family Residential to I-Industrial. If the Future Land Use Designation is changed to IndustriallLight Industrial,the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and the subsequent rezone approved,the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on this amendment request at their January 20,2016 regular meeting.The Commission voted unanimously to recommend that the Assembly approve the amendment. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-15 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 37 of 122 AGENDA ITEM #93.0.3. Introduced by' Borough Manager Requested by: Planning and Zoning Comrmssion 1 Drafted by' Communny Development Department 2 Introduced- 02!1812016 3 Public Hewing- 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-15 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY 11 CHANGING THE FUTURE LAND USE DESIGNATION OF A t 28.9 12 ACRE PORTION OF TRACT B, U.S. SURVEY 4793 FROM 13 CONSERVATION TO INDUSTRIAI-1LIGHT INDUSTRIAL (P&Z CASE 14 NO.16-0041 15 16 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises 17 planning, platting, and land use regulations on an area wide basis pursuant to Chapter 18 29.40 Alaska Statutes;and 19 20 WHEREAS, in accordance with AS 29.40,the Kodiak Island Borough adopted the 2008 21 Comprehensive Plan update on December B,2007(Ordinance No. FY2008-10)to replace 22 the 1968 Comprehensive Plan;and 23 24 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in 25 accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Pian; 26 and 27 28 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, 29 convenience, general welfare or good zoning practice requires, the assembly may, by 30 ordinance and after report thereon by the commission and public hearing as required by 31 law, amend; supplement, modify, repeal or otherwise change these regulations and the 32 boundaries of the districts;"and 33 34 WHEREAS, the Planning and Zoning Commission received a request to amend the 35 2008 Comprehensive Plan to change the Future Land Use Designation of a portion of 36 Tract B, U S.Surrey 4793 from Conservation to Industrial/Light Industrial;and 37' 38 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 39 Corte 17.205,040, the Commission considered the merits of the Comprehensive Plan 40 amendment request;and 41 42 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 43 Comprehensive Plan Future Land Use Designation of this site be changed from 44 Conservation to Industrial/Light Industrial finding that the public necessity, convenience, 45 general welfare,and good zoning practice would be enhanced by such action;and 46 47 WHEREAS, the Commission hereby recommends that this amendment request be 48 reviewed and approved by the Borough Assembly. 49 50 Kodiak Island Borough„Alaska Ordinance No FY2016-15 Page 1 of 2 Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 38 of 122 AGENDA ITEM #13.C.3. 51 52 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 53 BOROUGH that: 54 55 Section 1: This ordinance is not of a general and permanent nature and shall not 56 become a part of the Kodiak Island Borough Code of Ordinances;and 57 58 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of a t 28.9 59 acre portion of Tract B. U.S.Survey 4793, as shown in attached Exhibit A. 60 is hereby changed from Conservation to IndustriaVLight Industrial. 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 63 THIS DAY OF 2015 64 65 KODIAK ISLAND BOROUGH 66 67 68 69 Jerrol Friend,Borough Mayor 70 71 ATTEST: 72 73 74 75 Nova M.Javier,MMC,Borough Clerk Kodiak Island Borough,Alaska Ordinance No. FY2016-15 Page 2 of 2 Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 39 of 122 AGENDA ITEM #13.C.3. PUBUIC HEARING ITEM W-A P&Z G2E.6:s0..CLAR i.JANUARY aZa 2016 Future Land Use Map i OLD HARBOR TOWNSITE TRACT B PTN FUTURE LAND USE u Approximate site location currently designated Conservation 00 � r iv,rw•ni � w uh��n�t 2pQ8 Camp Plan Illi,wuw I�1......Q maxi . =;I- �=/, MiWw,:wW9dlmiw �i��°k NA'mm .. �ID �Wm� I '1 Approximate site location change toIndustrial d 81 nation.ht W W u Proposed W opt Came APc.'I S- InkN kuld= Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 40 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARDIG II"rEM J.A. P&Z REGULAR AItlIL'Q=MIN r JANUARY 20,2016 vw'4y � MO r ° ' a ta 11 I' p� ar 6` i' rr" ✓ l/Jr KIB Location & Zoning Map ,i µ „ ... aplploxiaiuu to sI,te I zaine(j R11 13lilugI1& wn1I11Iy esideiiniR�aIII Zoning legend Public Use Lands Rural Residential 1 .3 Muni Family Residential light lhdustflal 1 Mtershed ;Rural Residential 2 iii” Business If i;!% Rural Neighboshood ccmmewAal G Conserva'e" 'Single Famlty Residential Retail Business ti�tlrb 6�r h c me l Rura!Resklenllal if .;.f'T—Family Res'identlal � �Industria! �latural 9J KMirk ldand BsrouyA Els Cammunhy Dwelopmrnt Drprltmrnl _—a,�,� iu�pyn;r;q� tthmm unnu�s��a uwm w�ump o��m�rm rn�euwnum rpw�nrroms If�Vpad�N k�mxdLu�fiuwtau�,yqNm�INBd&�Pp U9bl;pl�� rillµwmd hm ua rc u�mmam�uvA Mw!mnrcr uwpad r weparv• � ....,�IWNucn�mm&kwd.Y�;fi Piq�rN I+Wrpm �u.�'.rs�Itlml.9kE•ilpil'A�6 ganRr�w�.%wa^Cgahan Ordinance No. FY2016-15 Amending the 2008 ComprehensivePlan... Page 41 of 122 AGENDA ITEM #13.C.3. PUBLIC MEAD#NPS IO"EAA'A•A KIB Image Overlay Map I `� J 4 w r ri IW(µ�Jl� Illpl Yl (f Y(!.1 ((((6fd ifdi„ ow 7 1, r�l 1 SII �u" J ti f y i Image Overlay Legend F.0 u aau Q,Dwmmi Approximate "I" site location K ia4 lawand Borough ago Commuruty 0- 1w, vw,uii vmpi Case No_16-004 InMWuclien Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 42 of 122 AGENDA !FF 1 . . . PUBLIC HEARING ITEM 7-A P&2 REGULAR MEETING:JANUARY 20,2016 0L w�w�Kw UPDATED STAFF REPORT AND RECOMMENDATION .,.n--- CASE nnnn,,.�.,.nr�,,,.,,m CASE No. 16-004. A Comprehensive Plan amendment to change the Future Land Use Designation of a t 8.26 acre portion of Tract B, U.S. Survey 4793 from Conservation to Industrial/Light Industrial (KIBC 17.205) (postponed from the December 15, 2015 regular meet!n . DATE; January 6,2016 TO:; Planning and Zoning Commission FROM: Community Development Department SUBJECT. Updated Staff Report and Recommendation CASE'.' 16-004 APPLICANT, City of Old Harbor LOCATION;: Kizhuyak Drive„Old Harbor LEGAL DSC: Portion of Tract B.U.S.Survey 4793 ZONING: R1-Single-family Residential FUTURE LAND USE DESIGNATION:Conservation NOTICE: Forty-six(46)public hearing notices were mailed on November 4,2015.. One(1) public hearing notice was returned as of the date this report was prepared. SITE VISIT: Various 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. • Zoned C-Conservalion by Ordinance 1977-15-0.. • Rezoned R1-Single-family Residential by Ordinance 77-19-0,. 2. Site Size: t 8.26 acres 3. Existing Land Use: Vacant. 4, Surrounding Land Use and Zoning • Southeast:Waterfront(not zoned) * North northngt,and uthwest:Vacant R1 zoned land. • Northeast: A church with detached single-family residence, a vacant former Public Health Services building, and a cemetery zoned PL and the Alaska Marine Highway System(AMHS)ferry dock and related accessory structures zoned I. 5. Camorehensiye Plan: •Not addressed by the 1968 Comprehensive Plan. •Designated Conservation by the 2008 Comprehensive Plan. 6. Aoolicabte Comorehenside Plan Future Land Use Designations: Conservation: This designation corresponds to the zoning designation of the same name and allows for a variety of natural resource extraction uses (timber harvest, mining, and farming)as well as low-density residential use and other uses such as lodges. Case No 164M Updated Staff Rupon arW RwmmmeWaVan Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 43 of 122 AGENDA ITEM 1 . cess. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING JANUARY 20,2010 i wLwgHr Industrial/Light Industrial:This designation covers industrial uses such as warehouses, manufacturing facilities, and other uses allowed in the Borough's I-Industrial and LI-Light industrial zoning districts. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.10.020 Reference and use(Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authoritv(Amendments and changes). Whenever the public necessity,convenience,general welfare or good zoning practice requires, the assembly may,by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from planning and zoning commission(Amendments and changes) The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change Is Initiated and such report shall find: A.Findings as to need and justification for a change or amendments; B.Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan;and C.Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 submission to assembly(Amendments and changes) A.Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions;a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act In accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B.If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party,within 10 days,files a written statement with the clerk requesting that the commission's action be taken up by the assembly. STAFF ANALYSIS This Comprehensive Plan Amendment request was postponed from the December 15, 2015 regular meeting so it could be heard at the same time as a rezone request for the same site (P&Z Case No. 16-009). This is a City of Old Harbor request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Ught Industrial. This action is a necessary prerequisite to rezone the site from R1-Single-family Residential to I-Industrial. It the Future Land Use designation is changed to Industrial/Light Industrial, the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and a subsequent rezone approved, the City of Oki Harbor could then seek permits to establish any permitted or conditional use allowed by the Case No.16-M updated Start Report and Recorrmardation Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 44 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING:JANUARY 20,2016 as, wlwsK® new zoning. The request Is part of the City of Old Harbor's effort 10 increase economic development potential in the community. Efforts so far have included improvements to the harbor, dock, and airport facilities.In addition,a Conditional Use Permit was recently approved for a hydroelectric project that Is expected to break ground in early 2017. To further improve economic development potential, Old Harbor hopes to rezone this site to I-Industrial to encourage Industrial development that will benefit the local economy. EXPANSION OF THE AREA SUBJECT TO THIS REQUEST At the December 9,2015 work session,the Commission requested staff contact the City of Old Harbor to inquire about expanding the area subject to this request. Specifically, the Commission recommended including all portions of Tract B to the north and west of the t 8.26 acre site, increasing the area to t 28.9 acres'. Staff contacted the City of Old Harbor, who agreed to expand the site as recommended. Staff has determined that no further advertisement is required for the expansion. The recommended motion has been updated accordingly, CURRENT USE AND ZONING The site is currently vacant and zoned R1-Single-family Residential. RECENT DEVELOPMENT TRENDS IN THE AREA The most recent development in the area was the 2012 construction of an AMHS ferry dock on an I-Industrial zoned site approximately 260'to the east. Other development in the immediate area has been negligible for some time.The most notable development trend near the site is the gradual establishment of single-family residences in an R1 zoned area more than 870' to the northeast.On a broader scale, recent development in Old Harbor includes the improvements to the harbor,dock,and airport facilities and the upcoming hydroelectric project mentioned above. COMPREHINSIVE PLAN GUIDANCE FOR IDENTIFYING NEW INDUSTRIAL LOCATIONS The adopted Comprehensive Plan states that "in assessing the need and most appropriafe locations for new industrial land,consider the following factors 1. The need to support potential economic growth sectors. The level of need should be based on an assessment of trends In population growth and in specific economic sectors,Including a realistic assessment of their potential within the K/B. • Staff Analysis: The local population trend is flat to declining and there Is no Indication of that trend reversing in the foreseeable future. Stable or declining populations do not necessarily correspond to a reduced need for industrial uses. Old Harbor's economy is heavily reliant on the commercial fishing industry. Approval of this amendment and a subsequent rezone would allow the full range of uses permitted in Industrial zoning, Including fish processing and other commercial fishing related uses. Accordingly, approval of these actions will provide potential for economic growth within the community of Oki Harbor. 2. Proximity to adequate public facflities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. Exhibit A Case No 194M Updated Staff Report and RemnmWidatian Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 45 of 122 AGENDA ITEM 1 . . . PUBLIC HEARING ITEM 7•A P&Z REGULAR MEETING:JANUARY 20.2018 13 wc.weaaw • Staff Analysis- The site fronts navigable waters and no roadway access currently exists.Any required roadway access to the site would be addressed during future development requests. The site is not currently served by public utilities or an onsite well and septic system. Public utilities are approximately 870'to the northeast and could be extended to the site. The site also appears capable of accommodating an onsite septic system and well. Accordingly„ it appears that necessary infrastructure for Industrial development could be extended to the site or developed onsite. 3m Potential conflicts with adjacent land uses,particularly residential uses and sensitive natural resources. • Staff Analysis: The site abuts or is near the following zoning and land uses: &i To the southeast Is waterfront(not zoned). r, To the north, northwest, and southwest is vacant Rt zoned land. There is no Indication that these areas are likely be developed in the foreseeable future. To the northeast is a parcel zoned PL-Public Use Lands with an established church and detached single-family residence, a vacant former Public Health Services building(ail more than 770'from the site),and a cemetery(approximately 300'from the site). An I-Industrial zoned parcel Is approximately 250`to the northeast of the site. The A HS ferry dock and associated accessory structures are situated on this parcel. The nearest residentially zoned and developed subdivision is Tract A, Old harbor Subdivision(more than 870'to the northeast'. The nearby ferry dock and associated accessory structures should be compatible with any Industrial development that may occur on the site. The site appears adequately separated from the nearest institutional and residential development. Accordingly, the site appears capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I-Industrial zoning performance standards of KIBC 17.105.060 should further ensure that there are no negative impacts caused by future industrial development. 4, Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth Industries. • Staff Anal The site is of sufficient area (f 8.26 acres)and is capable of providing suitable building sites for the full range of industrial uses. COMPREHENSIVE PLAN CONSISTENCY The proposed amendment is consistent with the following goals, policies, and implementation actions of the adopted 2008 Comprehensive Plan: • Land Use Goat Regulate and manage land uses to balance the rights of private property owners with community values and objectives. • Policy: Maximize compatibility of adjacent land uses and minimize conflicts through Case No 16-W4 Updaled staff Report and Recommendation Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 46 Of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING:JANUARY 20,2019 Mrd zoning,buffering,design standards,and other means. ■ Bpi ky:Zone land to meet future housing,commercial,industrial,and other land needs. c) ftnplem2ntafion Action: Identify an adequate supply of land in each community to meet future residential needs and other land development needs based on future population and employment growth projections,assumptions about the type and land requirements for projected uses, and conditions or constraints that might affect development Consider use of public or private Native-owned land to help meet these needs. o Evaluate the need and recommendspeciric sites for commercial and industrial uses within and outside c(lies and unincorporated communities in the Borough to meet future economic n o Ima&mZatgLA2U_Ag_6gn: Update the Borough's zoning code to allow for a more flexible set of uses In smaller communities, while continuing to minimize conflicts among adjacent, potentially incompatible uses. Use size limitations, restrictions on noise or order and other means to minimize conflicts lippLementallon 6g&w Address the fishing industry's needs for gear storage through local land use controls, cIjppLemen(gLign 6S119n., Conduct an industrial lands study that Identities preferred areas for future Industhat and commercial development • Land Use Goal- Continue to update and Improve the effectiveness of Borough policies, plans,regulations,and procedures. • Implementation Action: Review and analyze area zoning to determine the need and potential placement of industrial property zoning if needed. • 1MR&Mfflfgtion Action: PenodicaW update the Comprehensive Plan with maximum public input and review. • Egmamic Goal-Support the local commercial fishing,industry in their efforts to maintain the economic health of and diversify Kodiak's regional fisheries while managing any potential environmental impacts from the sea lbod processing industry. • Eggn!2mk Q Regulate land uses to protect industrial uses and minimize conflicts with adjacent uses, • Old Harbor Economic Goal:Retain residents and Improve quality of lite, • Floficy., Support growth in local businesses as opportunities are provided by stimulated economic development. The rezone Is also consistent with the following 1989 Old Harbor Comprehensive Plan goals and objectives: • Economic Goal:Development ofshore-ba sedfish processing facilities in Old Harbor, • ObLeqliv@ ldenW and obtain suitable land along the shoreline for development offish processing facilities. • QhLegrive:Rezone lands identified for industrial development potential to the appropriate zoning district as required by Borough code. case No.16-W4 Updated SW Report and Remnmendacion Ordinance No. FY2016-15 Amending the 2048 Comprehensive Plan... Page 47 of 122 A J4GENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-A P&Z REGULAR MEETING:JANUARY 20.2016 °1 xLwsrcw • Economic Goat, Provide year-round employment opporfunilies for the residents of Old Harbor • Land use goat Maintain the general pattern of existing land uses while providing suitable land use areas for future community growth. ■ QhLective:Designate and provide for additional industrial growth areas for development of the commercial fish processing and aquaculture industries. • PAkQ!M_ Give preference to land-based and shore-side economic development over floating or water based operations. CONCLUSION Staff recommends the amendment Is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Case No.16-W4 Updated SW Report and Recommendation Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 48 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-A P a z REGULAR MEETING:JANUARY 20,2016 -s .L„sKw RECOMMENDATION Staff recommends that the Commission forward this Comprehensive Plan amendment request 10 the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation,the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of a t 28.9 acre portion of Tract B, U.S. Survey 4793 from Conservation to Induslrialflight Industrial(KIBC 17.205)and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fact"for Case No. 16-004. FINDINGS OF PACT(KIBC 17.205.020.A-C) 1. The site is of sufficient area(t 28.9 acres)and is capable of providing suitable building sites for the full range or industrial uses. 2. The site is near compatible Industrial development(AMHS feny dock)and appears to be adequately separated from the nearest institutional and residential development(church, cemetery,vacant PHS building,and single-family residences). 3, The site appears to be capable of accommodating the full range of industrial uses without negatively Impacting the surrounding area. The I-Industrial zoning performance standards(KIBC 17.105.060) should further ensure that there are no negative Impacts with future industrial development. 4. The amendment is a necessary prerequisite to rezone the site from RI-Single-family Residential to I-Industrial. Approval of the amendment and a subsequent rezone will allow industrial development that will provide potential for economic growth within the community of Old Harbor, 5. The amendment is consistent with the adopted 2008 Comprehensive Plan guidance for identifying new industrial locations.The amendment will also facilitate a rezone that will further implement various objectives of the plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Case No W004 Updated Staff Repod and Reccammendahon Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 49 of 122 AGENDA ITEM #13.C.3. Ira CM jM tK;.r `' JJJIJJJ1JJJlJJJVJ�II;J' r � w Nq � LI nuc muuuuuumou t tlNlil t r Mil muuuomuuuu ��moouuuu '� CD CU Co uuuui�luuuuuuuu i o tF3 -6 o6l +1 Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 50 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING REM 7•A P 6 Z REGULAR MEETING:JANUARY 20,2018 Introduced by: Borough Manager Requested by. P&Z Commission 1 2 Drafted by7 COD Introduced„ 3 Public Hearing,. 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY 11 CHANGING THE FUTURE LAND USE DESIGNATION OF A * 28.9 12 ACRE PORTION OF TRACT B, U.S. SURVEY 4793 FROM 13 CONSERVATION TO INDUSTRIALfLIGHT INDUSTRIAL (P&Z CASE 14 NO.16-004). Is 16 WHEREAS,as a second Gass Borough,the Kodiak Island Borough excercises planning, 17 platting,and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 18 Stalules;and 19 20 WHEREAS, in accordance with A5 29,40, the.Kodiak Island Borough adopted the 2008 21 Comprehensive Plan update on December 6,2007(Ordinance No.. FY2008-10)to replace 22 the 1988 Comprehensive Plan;and 23 24 WHEREAS,the Kodiak Island Borough has adopted KIBC Title W(zoning)in accordance 25 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan;and 26 27 WHEREAS,KIBC 17.205,010 provides that"Whenever the public necessity,convenience, 28 general welfare or good zoning practice;requires, the assembly may, by ordinance and 29 after report thereon by the commission and public hearing as required by law, amend, 30 supplement, modify,repeat or otherwise change these regulations and the boundaries of 31 the districts;'and 32 33 WHEREAS,the Planning and Zoning Commission received a request to amend the 2008 34 Comprehensive Plan to change the Future Land Use Designation of a portion of Tract B, 35 U.S.Survey 4793 from Conservation to IndustriaFlLight Industrial;and 36 37 WHEREAS,at an advertised public hearing,consistent with Kodiak Island Borough Code 38 17.205.040, "the Commission considered the merits of the Comprehensive Plan 39 amendment request;and 40 41 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 42 Comprehensive Plan Future Land Use Designation of this site be changed from 43 Conservation to Industrial/Light Industrial finding that the public necessity, convenience, 44 general welfare,and good zoning practice would be enhanced by such action;and 45 46 WHEREAS, the Commission hereby recommends that this amendment request be 47 reviewed and approved by the Borough Assembly. 48 49 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 50 BOROUGH that: 51 52 Section 1: This ordinance is not of a general and permanent nature and shall not 53 become a part of the Kodiak Island Borough Code of Ordinances;and Kodiak Islami Borough,Alaska Ordinance No,FY2016-XX Page 1 of 2 Casa No 18.004 Draft ordinance Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 51 of 122 AGENDA ! . PUBLIC HEARING ITEM 7-A P a 2 REGULAR MEETINGJANUARY 26,2016 54 55 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of a t 28.9 56 acre portion of Tract B, U.S. Survey 4793 is hereby changed from 57 Conservation to Industrial/Light Industrial. 58 59 Section 3. The findings of the Kodiak Island Borough Planning and Zoning 60 Commission are confirmed as follows: 61 62 1. The site is of sufficient area (t 28.9 arses) and is capable of providing suitable 63 building sites for the full range of industrial uses. 64 65 2. The site Is near compatible Industrial development(AMHS ferry dock)and appears 66 to be adequately separated from the nearest Institutional and residential 67 development (church, cemetery, vacant PHS building, and single-family 68 residences). 69 70 3. The site appears to be capable of accommodating the full range of industrial uses 71 without negatively impacting the surrounding area. The I-Industrial zoning 72 performance standards(KIBC 17.105.060)should further ensure that there are no 73 negative impacts with future industrial development. 74 75 4. The amendment Is a necessary prerequisite to rezone the site from R1-Single- 76 family Residential to I-Industrial. Approval of the amendment and a subsequent 77 rezone will allow Industrial development that will provide potential for economic 78 growth within the community of Ofd Harbor. 79 8o 5. The amendment is consistent with the adopted 2008 Comprehensive Plan 81 guidance for identifying new industrial locations.The amendment will also facilitate 82 a rezone that will further implement various objectives of the plan. 83 84 6. The Planning and Zoning Commission recommends that the Borough Assembly 85 approve this Comprehensive Plan amendment. 86 87 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 88 THIS DAY OF 2016 89 90 91 KODIAK ISLAND BOROUGH 92 93 94 95 Jerrot Friend,Borough Mayor 96 97 ATTEST: 98 99 100 101 Nova M.Javier,MMC,Borough Clerk 102 103 Kodiak Island Borough„Alaska Ordinance No.FY2016-ra Page 2of2 Case No 16-0114 Draft ordname Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 52 of 122 AGENDA ITEM #13.C.3. PUBLIC HEAWNG IT 7-A P 6 2 REGULAR MEETING JANUARY 20.2016 k Pa 8 d nt ., 710"1 6*AK 15 71 a 9362 Fax(W714M.9396 19621 (:c,,WE1tf?JS1UC RAM WOW PR PIf3 191521 Application for4kvijI 17.205 tW Ii" €s �ii ....�. P Owner i Applicant Chy f agaf larbe, Melling r 10%Old Hubot,AM 9W3 Ptwne Number7129fi Clher Contut emall.tau '1ri$t K USS 9793 SID& Fast: Sunet AddrenCIt7 CXVX�— currenizankIT R1NBC 17.75 PMW--dZmkV.laskistdal WC 17.105 AppDableCcerapehoosteepIgm A 19 Waned"011he need Ajk&rkatkm Vora chmg,Drameaejmgnt� This 3P010110on Isfasranamendment toahe 20M C Is Ptanisel 10006 d Ilanl �$ 165547931 Fal A she to saa to tis amdIed ThbunandmentvMfadrlmeatoalmakdranWafinduorWidemkipmmtthjt aaill Gy 11 City Fir aFheClipof FEr haF Fad hof t ar Inthef Iryr Ns a I f as r r, esM In kat la a rag rely to Inveave t 110 a ell of n ka Ila of am � a�Fy at ay &OBullm of dwe effect such a dw4a of amenalment wWW have an the objecatges a111ae aMes bW wmpqhea*,, Hatbor lhhi Its t�Ath e I F srr pask Gstedin Int a rrt0rat e t submitted byaheChyd0dt wtlh�ledae e Fee ramJe®�aad~ Cltp Case No I&BIHAPPkeabon Package Ordinance No. FY2016-15 Amending the 2008 ComprehensivePlan... Page 53 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING IT 7•A P 0 Z REGULAR MEETING:JANUARY 20,2010 CDD Suhl ftXMgpjyffjftjft. ..Fee Pa IW....... .. .. Casl lees 44.9104 a We Door 0110=0 ft ar Sam Qns 8fun I.TS a r® 535 PAIn1.76tW5 a r 57 �p 5.01 to acvei: j """St AOOM RU,l,0 2015 4D luaesor nwm r s1 KODIAK ISLAND 80ROl18H RNANCE DEPARTMENT Case No.16- Apphrabon Package Ordinance ® FY2016-15 AmendingComprehensive ... Page 54 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING IT 7-A P Z REr UTAR MEETING JANUARY 20,2010 e. R 5 -'AMC.h f`N'X.2 -CAM-C 7'rarr!' 4� AMENDED U. m S® SURVEY NO. 4656 � 1" mo-pi AiQL�jsTi, /I lit ci" x 600" s 366',000 Ly PT 4 I, "L -1 c� .26 I figs r G.S.TKSta. ° tri OLD HARBOR" , ate ti- h��° m 1—#, 11 m a• A1.C,Tracis W,and a"C", Cr ° I so U.° m Z i M140i 3°00"fir,300 11 115111 11 t� 06 C BRASS CAPPED [RON POST, CONCRETE CORE CPP RWELD a Mac I 1p 2�Ilgi ] a ri,Ste"NORTW I - �a,� Ea SOLE IN FEET -- C2 Case Nu 16-004 Application Package Ordinance i - r Comprehensive ... Page 55 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7•A P&Z REGULAR MEETING JANUARY 20,2016 PAYMENT DATE Kodiak Island Borough BATCH O. IW3012015 710 Mill Bay Rd. 201600DO140 COLLECTION STA'nON Kodlak,AK99515 RECEIPT NO. CASHIER 2016 343 RECEIVED FROM CASHIER CITY OF OLD HARBOR Cashier DESCRIPTION COMPREHENSIVE PLAN AMENDMENT ON PROP ID 19821 0mat or hbsc Other at"zam $1,00000 Pateats: Type Wait Amount 5n 1370.......... stwabo TO 1®000,00 Prinead hv,,Cxmhlnr Parisi I nf I 10=12015 01,1240 Par Gase No.16-004 Application Package Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 56 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7.A P 6 Z REGULAR MEETING,JANUARY 20„2016 rl'A' A Kodiak Island Borough ACommunity Development Department 710 ill Bay m 203 Kodiak.Alaska 99615 r , Phone( 7)486-9363 Fax( 7)4116-9396 w .k i us November 4.2DI5 City of Old Harbor PO Sol 109 Old Harbor.AK 9W13 Re: Casc 16004. Request a Conainchensive Plan amendment to change the Future Lund Use Designation of a portion of Tract B. U.S,Survey 4793 from Conservation to IndestriaWght Industrial(KIBC 17.2 05), DearSirorMadern: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has schoedaled the case referenced above for Public Hearing at their December 16,2015 regular ting,This treating will gin at 6.30 p.m.in the Assembly Chambers,710 Mill Bay Road.Kodialc,Alaska.Attendance at this coming is not mandatorybut reccmarterided. Omw=kptiotiotkrcgularnecting,unWedw,sday, 0eccmbcr9,20I5aI6:30p.m.in the Borough ConfercriceRoom(#121), Cofforkission will hold a packet review work session for die purpose of reviewing packet materials and staffsuminaticsofcases scheduled forthc regular meeting, The public is welcome to attend the packet review work smion;however,the work sessionis not for the purpose of receiving public testincony.Applicants who wish to present testimony aruVor evidence related to their case should aat the Public Hearing during the Regular Meeting and present such information in Person. Please airitad the Community Development Department at 486-9363 if we can answer any outswiding questions or provide additionalinfosmarion.to advance,thank you for your cooperation. Sincerely. Sheila Smith,Sccwtauy Community Development Department Case No 1 Pubic Cotmeni Package Ordinance No. FY2016-15 Amendingh 2008 ComprehensiveIan... Page 57 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING rFEM 1A P a Z REGULAR MEETING JANUARY 20,2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road,Kodiak,Alaska 99615 (907)496-9363 November4,2015 Public Hearing Item 7-B PUBLIC HEARING NOTICE -1 will be held on Wednesday,December 16,2015.The meeting will begin at 6 30 p in Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Boron h ig and Zoning Co mission,to hear coMMSRLsof v„cin the follossin re Est CASE- 16-004 APPLICANT City of Old Harbor REQUEST A Comprehimsui e Plan amendment to change the Future Land Use Designation of a portion of Tract B, U S Survey 4793 from Conservation to Industriw/l,tght Industrial(MBC 17 205) LOCATION Kizhuyak Drive,Old Harbor ZONING RI-Single-fauml} Residential This notice is being sent to you because our records indicate you are a properly o%mr,nitcresied party in the area of the request. If you do rim wish to testily verbally,you may provide your comments In the space below or in a letter to file Community Development Department %%6111lvia mi,iin fliverilh niu%ir lR, re'r Ilene, 1j imNm luf�MAM ME! I h rlllI ll[ ta I io iax If you would like to fax your comments to us,our fax number is A� i �E�ma ha i (907)486.9396, OF YOU May email Your Comments 10aEfflubi'I If you a would like to lestiry vi telephone,please call in your comments during the appropriate public hearing section of them ting.The local call-in telephone number is 486-3231.The tell free telephone number is 1-85"92-9202. One week prior to the regular meeting,on Wednesday,December 9„2015 a work session will be held at 6,30 p.m in the Kodiak Island Borough Conference Room(N 121),to review the packet material for dw case Kodiak Island Borough Code provides you mth specific appeal rights of you disagree m1h the Commissions decision an this requestL If yoga have any tisaushosis about the request or your appeal rights,please Feel free to call us a1486-9363 Lour NamAlmiling Addrem I'mr property dn"itilloto Cmi® reg .............................................................. ............ ....................... .......................................................................................................................................... Case No 104)G4 Pubbe Comment Package Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 58 of 122 IMGENDA ITEM . . . PUBLIC HEARING 17EM 7-A P 6 Z AIkC;l,.LAR MEE71NG JANUARY 20,2098 Case 16-004 Request a Comprehensive Plan amendment Location to change the Future Land Use Designation izhuyak Drive, Old Harbor of a portion of Tract 13, U.S. Survey 4793 Applicant from Conservation to Industrial/Light Industrial City of Old Harbor (KIC 17.205). ISL ,I j f. 1' (I( .., Approximate Location I -°` Public Hearing NoticeN Feel Legend W E: I e t sse x,aoo 4.®4.60D Notification Area Nodial,Island Borough Gq Community Devel !p DateHmont ....Me a Roaft Iftil w.k�akaLustis 1907]4 9337 7nr hnv®paved°b rar ria r.nl kftdd lr rry hood ;,,;,,,,,, uN.BmmmrcmdannrrSpmu%ItkM iO m�IfWaya Case No 7640134 Pudic Comment Package Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 59 of 122 AGENDA ITEM #13.C.3. 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Page 61 of 122 AGENDA ITEM #13.C.3. PUBLIC HEARING IT 7-A P&Z REGULAR MEETING JANUARY 20,2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill 0 VRnad,KoA%L,Alaska.9%15 (90714„ 363 mokQS"M November 4,2015 Public HeLmiM Item 7-13 I be held on Weduesday,December 16,2015.The meeting will been at 6:30 pm. .mbly Chambers,710 Mill Bay Road,Kodiak,Alaska,before the Kodiak Island d ZoWM Commission.to bear comments ifarly. CASE: 16-004 APPLICA NT. City of Old Harbor REQUEST- A Comprehenaive Plan amendment toe tha Future Land Use Designation of a poet`on of Trad 0, US, Survey 4M from Conservation to fialustrial/Light industrias(KIBC 17105). 1.OCATION: Kizhuyak Drive,Old Harbor ! "i”, A beffint '1011M an:he r=ww"ma-d in the ZONING: RI-Single-fismily Residential or I This notice is lAng seen to you because out meet&Wkae you are a property owwimerwd Party In the am of L the rcqucs� If you do mn vdA go legiry vesbally,you my prodde yaw commems In the stam below Of inn tenor I 00[he CommumilY DN-veloaromt DePartrucaL UnmA)tIN1,'g If yore%WUW like to fix your coramcm to u4 nor r"number is: or 6-' jt%?)4206-9396,or you may cmail your comments to Valith2jadidaLut.If you"ould like is legiry via i tufne" eluphoxo�Please oil In your comments during the approlndale pubile hearing section of the marding.The ce _W localcall-lo Idepbome number It 4IW231.Tbe tell nme adqhw number Is 1455492-92FL Onciveckpriorm the mplar mcelinle,on Wednesday.December 9,2015 auvrit sessionwillbe heklffid:30p.m.in the Kudimli Island BumuGh Confareacc Room(A 1231.to review the pacLei mawrial for the cam, Kodiak Island Bomqb Code MMdes you with specific apitod rights if you dimproa%trith ft Commission't; decision onthbroqatsL Iryaw have any quesdans show the request oryour uppal 41h%pkmse fm free to coil us zq4W9363. ................ ........... Case No 16.064 Pubfic Comment Package Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 62 of 122 AGENDA ITEM #13.C.3. Draft Kodiak Island Borough Planning and Zoning Commission Minutes Applicable to P8Z Case No.16-004 January 20,2016 Regular Meeting 6:30 pm-Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the January 20, 2016 regular meeting of the Planning &Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Jay Baldwin due to being sick. Commissioners present were Scott Arndt,Barry Altenhof,Maria Painter,Alan Schmitt,and Greg Spalinger.Excused was Jay Baldwin. A quorum was established, COMMISSIONER SCHMITT MOVED to excuse Jay Baldwin. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Direct Pederson, Jack Maker, Sheila Smith,and Sara Mason. PUBLIC HEARINGS A. CASE 16-004 (Postponed from the December 16, 2015 Regular Meeting). Request a Comprehensive Plan amendment to change the Future Land Use Designation of a t 8.26 acre portion of Tract B, U.S.Survey 4793 from Conservation to Industrial/Light Industrial (KIBC 17.205).The applicant Is the City of Old Harbor.The location Is Kizhuyak Drive,Old Harbor and the zoning Is RI-Single-family Residential. Notes 46 public hearing notices were mailed on November 4, 2015 and 1 response have been received. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of a t 28,9 acre portion of Tract B,U,S,Survey 4793 from Conservation to Industrial/Light Industrial (KIBC 17205)and to adopt the findings of fact listed in the staff report entered into the record for this case as"Findings of Fad"for Case No. 16-004. Maker reported this request was postponed from the December 15,2015 regular meeting so it could be heard at the same time as a rezone request for the same site(P&Z Case No. 16-009). Both requests are part of the City of Old Harbor's effort to increase economic development potential in the community, Efforts so far have included Improvements to the harbor,dock,and airport facilities. In addition, a Conditional Use Permit was recently approved for a hydroelectric Kodiak Island Borough Planning&Zoning Commission Minutes January 20,2016 Page 1 Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan.,„ Page 63 of 122 AGENDA ITEM ' . . project that is expected to break ground in early 2017. To further improve economic development potential, Old Harbor hopes to rezone this site to I-Industrial to encourage Industrial development that will benefit the local economy. This request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to IndustriallLight Industrial is a necessary prerequisite to rezone the site from R1-Single-family Residential to I-Industrial, If the Future Land Use Designation is changed to Induslrial/Light Industrial,the subsequent rezone request would be consistent with the adopted Comprehensive Plan. Should the Comprehensive Plan be amended and the subsequent rezone approved,.the City of Old Harbor could then seek permits to establish any permitted or conditional use in Industrial zoning.The City of Old Harbor has also agreed to the Commission's recommendation to expand the area of the site from t 8.26 acres to t 28,9 acres as shown in the written staff report. Staff has determined that no further advertisement is required for the expansion and the recommended motion has been updated accordingly.Staff has determined that the amendment is consistent with various objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes.Staff recommends that the Commission forward this request to the Borough Assembly with a recommendation for approval. Open public hearing: None for this case. Jonathan Strong called re:Case 16-007.His comments are under Case 16-007 public hearing. Close public hearing: During discussion, COMMISSIONER PAINTER inquired about the two different zoning designations,which is due to a Comp Plan change and a rezone. Commission discussion FINDINGS OF FACT 1. The site is of sufficient area(t 28.9 acres)and is capable of providing suitable building sites for the full range of industrial uses. 2. The site is near compatible industrial development(AMHS ferry dock) and appears to be adequately separated from the nearest institutional and residential development (church, cemetery,vacant PHS building,and single-family residences). 3. The site appears 10 be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The I-Industrial zoning performance standards (K1BC 17.105.060) should further ensure that there are no negative impacts with future industrial development. 4. The amendment is a necessary prerequisite to rezone the site from R1-Single-family Residential to I-Industrial.Approval of the amendment and a subsequent rezone will allow Industrial development that will provide potential for economic growth within the community of Old Harbor. 5. The amendment is consistent with the adopted 2008 Comprehensive Plan guidance for identifying new industrial locations. The amendment will also facilitate a rezone that will further implement various objectives of the plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning&Zoning Commission Minutes January 20,2016 Page 2 Ordinance NO. FY2016-15 Amending the 2008 Comprehensive Plan... Page 64 of 122 AGENDA ITEM #13.C.3. ,u � Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak,Alaska 99615 y Phone 7)466-9363 Fax 19 7)486-9996 wWw,kodlakak.us January 27,2616 City of Oldarbor PO Box 109 Old Harbor,AX 99643 Re: Case 16-004.Request a Comprehensive Placa amendment to change the Future Land Use Designation of a 8°2 arm portion of Tract B,U.S.Survey 4793 from Conservationto Industrial/Light Industrial(KIBC 17 205). Dear Sir or Madam: The Kodiak IslandBorough Planning&Zoning Commission at their meeting on January 20, 2016 moved to forward the request cited above, recommending approval, tote Borough Assembly . The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS 1 FACT 1. The site is of sufficient arca( 25.9 acres)and is capable of providing suitable building sites for the full range of industrial uses. 2. The site is near compatible industrial development (AMHS ferry ) rand appears to be adequately se to from the ricarcst institutional and residential development (church, cemetery,vacant PHS building,and single-family residences). . The site appears to be capable of accommodating a full range of industrial uses without negatively impacting the surrounding area. The -Industrial zoning performance sl° s (KIBC 17.105.060) shoulfurther ensure that there no negative impacts with future industrial development. 4. The amendment is a necessary prerequisite to rezone the site fro RI-Single-family Residential to I-Industrial.Approval of the amendment and a subsequent rezone will allow industrial development that will provide potential for economic growth within tine community of Old Harbor. Ordinance o. FY2016-15 AmendingComprehensive ... Page 65 of 122 AGENDA ITEM #13.C.3. 5. The amendment is consistent with the adopted 2008 Comprehensive Plan guidance for identifying new industrial locations. The amendment will WSO facilitate a rezone that will further implement various objectives of dw plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055(Submission to assembly)of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions,a report with recommendations shall be submitted to the assembly together with the proposed ordinance.Such mcommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded tot borough assembly,the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070.by The borough clerk. B. If the planning commission recommends denial of any proposed amendment,its action shall be final unless the initiating party,within ten days,files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. Should this rezone be approved by the Kodiak Island Borough Assembly,you will still need to obtain permits for any construction activities. If you have any questions about the action or the commission,piease contact the Community Development Department at 486-9363. Sincerely, It rtPederson,AICP Director.Community Development Department CQ Nova Javier,Borough Clerk Planning&Zoning Commission Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 66 of 122 AGENDA ITEM #13.C.3. K1B Ordinance No. FY2016-15 Exhibit A Area :, , : o Diridin,ance. No F:X201 ,.,,1 li I Ilhu lunge,the IIP'u tunre II,,,,and tiles Din sig natfnn of a±28.19acre poirtJn nn of Tract IIB, U.S. Suirvey 793 fr olnnrm Conseinpation,tin hriduu kur'ialUIL...il ,Vhu't IEirn� iustnriaL I Ihn. Rd �daW.rw PµC�PABq ..54;4'8 d mwd Ax arm r9 Pca`�rp i.amn41Y ddA `��s�ea�UB... KedhY Wmnd Bamugh Gffi ommunN r+p pmd � xrmm,.�m w . r �4qv wafxffi mft"GR@ypa Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan... Page 67 of 122 AGENDA ITEM #93.0.4. KODIAK ISLAND BOROUGH AGENDA STATEMENT � f FEBRUARY 18. 2016 ry� u� � ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-16 Rezoning a t 28.9 acre portion of Tract B, U.S. Survey 4793 From R1-Single-family Residential District To 1-Industrial District (P&Z Case No. 16-009). ORIGINATOR: Jack Maker FISCAL IMPACT: FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: This rezone request follows the request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial. Should that amendment be approved,the rezone would be consistent with the adopted Comprehensive Plan.The rezone also satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Should this rezone be approved,the City of Old Harbor could then seek permits to establish any permitted or conditional use allowed by the new zoning. The Planning and Zoning Commission held a public hearing on this amendment request at their January 20, 2016 regular meeting.The Commission voted unanimously to recommend that the Assembly approve the amendment. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-16 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-16 Rezoning a± 28.9 acre portion of Tr... Page 68 of 122 AGENDA I . Introduced by- Borough Manager Requested by: Planning and Zoning ComrtdW*n Drafted by Communinee Develbl3ment Department I Introduced: 211812016 2 Public Hearing, 3 Adopted- 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2016-16 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH REZONING A t 28.9 ACRE PORTION OF TRACT B, U.S. 10 SURVEY 4793 FROM R1-SINGLE FAMILY RESIDENTIAL DISTRICT 11 TO I-INDUSTRIAL DISTRICT(P&Z CASE NO.16-009) 12 13 WHEREAS,as a second class Borough,, the Kodiak Island Borough excerclses planning, 14 platting,and land use regulations on an area wide basis pursuant to Chapter 2940 Alaska 15 Statutes-and 16 17 WHEREAS, in accordance with AS 29.40„ the Kodiak Island Borough adopted the 2008 18 Comprehensive Plan update on December 6„2007(Ordinance No. FY2008-10)to replace 19 the 1968 Comprehensive Plan,;and 20 21 WHEREAS,the Kodiak Island Borough has adopted KIBC Title 17(Zoning)in accordance 22 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan,and 23 24 WHEREAS,KIBC 17.205.010 provides that"Whenever the public necessity, convenience„; 25 general welfare or good zoning practice requires, the assembly may, by ordinance and 26 after report thereon by the commission and public hearing as required by law,, amend, 27 supplement, modify, repeal or otherwise change these regulations and the boundaries of 28 the districts;”and 29 30 WHEREAS,the Planning and Zoning Commission received a request to rezone a portion 31 of Tract B, U.S. Survey 4793 from R1-Single-family Residential District to I-Industrial 32 District;and 33 34 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 35 17.205.040,the Commission considered the merits of the rezone request,and 36 37 WHEREAS, the Commission voted to recommend to the Borough Assembly that site be 38 rezoned from R1-Single-family Residential District to I-Industrial District finding that the 39 public necessity, convenience, general welfare, and good zoning practice would be 40 enhanced by such action;and 41 42 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 43 and approved by the Borough Assembly. 44 45 46 Kodiak Island Borough.Alaska Ordinance No FY2016-16 Page 1 of 2 Ordinance No. FY2016-16 Rezoning a ± 28.9 acre portion of Tr... page 69 of 122 AGENDA ITEM 9 . . 47 48 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 49 BOROUGH that: 50 51 Section 1: This ordinance is not of a general and permanent nature and shall not 52 become a part of the Kodiak Island Borough Code of Ordinances;and 53 54 Section 2: A t 28.9 acre portion of Tract B, U.S. Survey 4793, as shown in attached 55 Exhibit A, is hereby rezoned from R1-Single-family Residential District to I- 56 Industrial District. 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS DAY OF 2016 60 61 KODIAK ISLAND BOROUGH 62 63 64 65 Jerrol Friend,Borough Mayor 66 67 ATTEST. 68 69 70 71 Nova M.Javier,MMC,Borough Clerk Kodiak Island Borough,Alaska Ordinance No.FY2016-16 Page 2 012 Ordinance No. FY2016-16 Rezoning a t 28.9 acre portion of Tr... Page 70 of 122 AGENDA I . KIB Ordinance1 -1 6 Exhibit o r'w,;;; Oyl b , rva at,flbjecf iso fP, Ordinance No. F2016 16 I e :mmm' e, icmf ia im R .' ' ^aciue pluirtioi°ro lolf .IP.ur ct B, LS, Survey 47193firoio"nrm R1 IEngllb -:f nrmii IReside niflWJ lf:AstOct l:m.m Ill-Ini lust rial District Ksdlsk Island Don Communky®mvllapnwm MI., unt . s ftGaft Ptelpn:A kumKsk.sW.aumJryim QgA'9AI BRU�4bB�8 Yww vem Vlm w" 9�r� m 8b wwae. rtk Pa.ivo-W e � ��41mwbpsl &�bngib i Ordinance No. FY2016-16 Rezoning a 28.9 acre portion of Tr— Page 71 of 122 AGENDA ITEM #13.C.4. PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING JANUARY 20,2058 ,%, N K113 Location & Zoning Map S i / V J � � 1 I tf w��pKa�I a tarn ale site Ilya��tioiirli oiit li 1111 S iiru!rgA faaamnlilly Riiaa ildeiinfiz fl Zoning Legend Public Use Lands ;, Rural Residenlsal I : Multi Family Residential Light indusinal Watershed Rural Residential 2 Business ',Rural Neighborhood Commercial Conservation Single Family Residential W%�Retail Business Urban Neighborhood Conenerdal Rural Residential Two Family Residential ""1y1 Industrial P,;; ��Natural Use Kodwk island Venawo GIs Community bwelop 6 bepsaftnent _�-�Access Reade mire! nrdletek.eyvn( 711r 4557 saw pq- -d 1. w—Wd s ,..... Uncanst Wed Rqmor Wars Case No.1 Ontrududion Ordinance - ing a± 28.9 acre portionr... Page 72 of 122 AGENDA ITEM ' . PUBLIC HEARING ITEM 7-B P&Z REGULAR R MEED 44^G JdaP}4ABaRY 20 2016 s A _k, KIB Image Overlay r. p nmiY"Illi � � i I f,i _. Image Overlay Legend N Fast 1-W Aproxia site location a Kodiak Island Hamupk GO em Cnm—nHy Owolg menl O� l 011 ... lY Ilk:rrP'vaewmr.Y urcribinknk.iwirn'q��,dm gN,tlWR'M&�k'IR9-SN;�;7'iY tri mw*owmnpwunm o*m�mamm rcwnum, mwm4 nuasn �ean,u�rgmugmmm'x�nmm Comm No 16-Mlnlroducbm Ordinance No. FY2016-16 Rezoning a t 28.9 acre portion of Tr, page 73 of 122 AGENDA ITEM #93.0.4. PUBLIC HEARING ITEM 7-8 P b Z REGULAR MEETING:JANUARY 20,2010 !. w�wsrcw STAFF REPORT AND RECOMMENDATION CASE No.16-009. A Rezone of a±8.26 acre portion of Tract B. U.S. Surrey 4793 from Rl- Single-family Residential to I-Industrial(KIBC 17.195). DATE; January 6,2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Updated Staff Report and Recommendation CASE: 16-009 APPLICANT: City of Old Harbor LOCATION: Kizhuyak Drive,Old Harbor LEGAL DSC: Portion of Tract B,U.S.Surrey 4793 ZONING: R1-Single-family Residential NOTICE: Forty-six (46) public hearing notices were mailed on November 4, 2015. No public hearing notices were returned as of the dale this report was prepared. SITE VISIT: Various 1. Zoning H_is_tm: ° Not classified by the 1968 Comprehensive Plane • Zoned C-Conservation by Ordinance 1977-15-0. • Rezoned R1-Single-family Residential by Ordinance 77-19-0. 2, Si e Sizw 8.26 acres 3. Existing Land Use: Vacant. 4. Surrounding Land Use and Zoning: • Southeast.Waterfront(not zoned) • North,northwest,and southwest:Vacant R1 zoned land. • Northeast: A church with detached single-family residence, a vacant former Public Health Services building, and a cemetery zoned PL and the Alaska Marine Highway System(AMHS)ferry dock and related accessory structures zoned I. 5. Comprehensive Plan: •Not addressed by the 1968 Comprehensive Plan. •Designated Conservation by the 2008 Comprehensive Plan. 6. Applicable Comprehensive Plan Future Land Use Designations: Conservation: This designation corresponds to the zoning designation of the same name and allows for a variety of natural resource extraction uses (timber harvest, mining„ and farming)as well as low-denslly residential use and other uses such as lodges. Industrial/Light lnduslrial:This designation covers industrial uses such as warehouses„ manufacturing facilities, and other uses allowed in the Borough's I-Industrial and LI-Light Industrial zoning districts. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request Case No 16-009 Updated Staff Report and Recommendation Ordinance No. FY2016-16 Rezoning a :t 28.9 acre portion of Tr... Page 74 of 122 A PIGENDA ITEM #13.C.4. PUBLIC HEARING ITEM 7-8 P&Z REGULAR MEETING:JANUARY 20,201® i. a<aercw 17.1 0.020 Reference and use(Comprehensive Plan), In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.01 0 Authority(Amendments and changes). Whenever the public necessity,convenience,general welfare or good zoning practice requires, the assembly may,by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 RMrt.from planning and zoning commission)Amendments and changes) The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner In which such change is Initiated and such report shall find: A.Findings as ton and justification for a change or amendments. B.Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan;and C, Recommendations as to the approval or disapproval of the change or amendment. 17.205.055 submission to assembly(Amendments and changes) A.Within 30 days after the commission has acted favorably upon a proposed zoning change in accordance with the above provisions; a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act In accordance with this chapter, and notice shall be Issued as provided in KIBC 17.205 070 by the clerk. B,If the commission recommends denial of any proposed amendment; its action shall be final unless the Initiating party,within 10 days,files a written statement with the clerk requesting that the commission's action be taken up by the assembly, STAFF ANALYSIS This Is a City of Old Harbor request to rezone the site from RI-Single-family Residential to (- Industrial.The request is part of Old Harbors effort to increase economic development potential in the community. Efforts so far have Included Improvements to the harbor, dock, and airport facilities.In addition,a Conditional Use Permit was recently approved for a hydroelectric project that Is expected to break ground in early 2017. To further Improve economic development potential, Old Harbor hopes to rezone this site to l4ndustrial to encourage industrial development that will benefit the local economy, This rezone request follows a request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to Industrial/Light Industrial(Case No 16-004). If the Future Land Use designation Is changed to Industrial/Light Industrial, the rezone will be consistent with the adopted Comprehensive Plan. Should the rezone be approved, the City of Old Harbor could then seek permits to establish any permitted or Conditional use allowed by the new zoning, As is the case with the associated Comprehensive Plan amendment request, the rezone request Is consistent with the adopted 2008 Comprehensive Plan guidance for Identifying new Industrial locations. The rezone is also consistent with the same Comprehensive Plan goals, Case Nm 16-M Updaled Staff Repon mid RaoxnmendaUm Ordinance No. FY2016-16 Rezoning a ± 28.9 acre portion of Tr.,.,. Page 75 of 122 AGENDA ITEM . . . Nrs PUBLIC HEARING ITEM 7-B P&Z REGULAR MEETING:JANUARY 20.2016 policies,and implementation actions listed in the Comprehensive Plan amendment staff report. EXPANSION OF THE AREA SUBJECT TO THIS REQUEST At the December 9,2016 work session,the Commission requested staff contact the City of Old Harbor to inquire about expanding the area subject to the Comprehensive Plan amendment and rezone requests. Specifically,the Commission recommended including all portions of Tract B to the north and west of the t 8.26 acre site,increasing the area to±28.9 acres'. Staff contacted the City of Old Harbor,who agreed to expand the site as recommended. Staff has determined that no further advertisement is required for the expansion. The recommended motion has been updated accordingly. CONCLUSION Staff recommends the rezone is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes. Exhibit A Case No 16-W9 Updated Staff Refit wW Recoomerdabon Ordinance No. FY2016-16 Rezoning a t 28.9 acre portion of Tr... Page 76 of 122 AGENDA ITEM 1 . N® PUBLIC HEARING ITEM 7-13 P 6 Z REGULAR MEETING:JANUARY 20,2016 -i. ®t.asesw RECOMMENDATION Staff recommends [hat the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation„the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezone of a + 28.9 acre portion of Tract B, U.S, Surrey 4793 from R1-Single- family Residential District to I-Industrial District(KIBC 17.195) and to adopt the findings of fact listed In the staff report entered into the record for this case as ®Findings of Facr for Case No.16-004. FINDINGS OF FACT(KIBC 17.205.020.A-C) 1. The site is of sufficient area(t 28,9 acres)and is capable of providing suitable building sites for the full range of industrial uses. 2, The site is near compatible industrial development(AMHS ferry dock)and appears to be adequately separated from the nearest institutional and residential development(church, cemetery„vacant PHS bulkding,and single-family residences), 3. The site appears to be capable of accommodating the full range of industrial uses without negatively impacting the surrounding area. The 1-Industrial zoning performance standards (KIBC 17.105.060) should further ensure that there are no negative impacts with future industrial development. 4. Approval of the rezone will allow industrial development that will provide potential for economic growth within the community of Oki Harbor. 5. The rezone is consistent with the adopted 2008 Comprehensive Plan guidance for identifying new industrial locations. The rezone will also further implement various objectives of the plan 6.. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No.164M Updated staff Repod and Rec=mertdafim Ordinance No. FY2016-16 Rezoning a± 26.9 acre portion of Tr... Page 77 of 122 AGENDA !TE #13.C.4. TT ti o IIIY..b f. ¢.A 4 m qm C ICA,9ftN in C.5 44 II��(1111,11I�)�1�)11lIlIl)alllllll�;' •p ru n� ^^ ^^.V mu IIINNNNNNNNNI ♦ ® 'I IOW . ♦I HIM VIII IIIIIIIIIIIIIIIIIIIIII IIS _........ �II' NNA -H Ordinance No. FY2016-16 Rezoning a f 28.9 acre portion of Tr... Page 78 of 122 AGENDA NDA 8 / #13.C.4. PUSLIC HEARING ITEM 7-13 P A.2 REGULAR MEETING,JANUARY 20,.2090 Introduced by: eoreugh Manager 1 Requested by: P&Z Commission 2 Drafted by: CDD 3 Introduced: 4 Public Healing: 5 Adopted: 6 KODIAK ISLAND 130ROUGH 7 ORDINANCE NO. FY2016-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING A t 28.9 ACRE PORTION OF TRACT B, U.S. 11 SURVEY 4793 FROM RI-SINGLE FAMILY RESIDENTIAL DISTRICT 12 TO 14NDUSTRIAL DISTRICT(PSZ CASE NO.16-009). 13 14 WHEREAS,as a second class Borough,the Kodiak Island Borough excercises planning, 15 platting,and land use regulations on an area wide basis pursuant to Chapter 29-40 Alaska 16 Statutes;and 17 18 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December B,2007(Ordinance No.FY2008-10)to replace 20 the 1968 Comprehensive Plan;and 21 22 WHEREAS,the Kodiak Island Borough has adopted KIBC Title 17(Zoning)In accordance 23 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan;and 24 25 WHEREAS,KIBC 17.205.010 provides that"Whenever the public necessity,convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and 27 after report thereon by the commission and publichearing as'required by law, amend, 28 supplement, modify, repeal or otherwise`Change these regulations and the boundaries of 29 the districts;'and 30 31 WHEREAS,the Planning,and Zoning Commission received a request to rezone a portion 32 of Tract B, U.S. Survey 4793 from R1-Single-family Residential District to I-Industrial 33 District;and 34 35 WHEREAS,at an advertised public hearing,consistent with Kodiak Island Borough Code 36 17.205.D40,the Commission considered the merits of the rezone request;and 37 38 WHEREAS, the Commission voted 10 recommend to the Borough Assembly that site be 39 rezoned from R1-5ingle-family Residential District to I-Industrial District finding that the 40 public necessity, convenience, general welfare, and good zoning practice would be 41 enhanced by such action;and 42 43 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 44 and approved by the Borough Assembly. 45 46 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 47 BOROUGH that: 48 49 Section 1: This ordinance is not of a general and permanent nature and shall not 50 become a part of the Kodiak Island Borough Cade of Ordinances;and 51 52 Section 2: A t 28.9 acre portion of Tract B.U.S.Survey 4793 is hereby rezoned from 53 R1-Single-family Residential District to I-Industrial District. Kodiak Island Borough,Alaska Ordinance No.FY2015-XX Page 1 of 2 Case No.76-009 Draft ordinance Ordinance No. FY2016-16 Rezoning a ± 28.9 acre portion of Tr... Page 79 of 122 AGENDA ITEM . PUBLIC HEARING ITEM 7.9 P d Z REGULAR MEETING JANUARY 20,.2016 54 55 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 56 Commission are confirmed as follows: 57 58 1. The site is of sufficient area (t 28.9 acres) and is capable of providing suitable 59 building sites for the full range of Industrial uses. 60 61 2.. The site is near compatible industrial development( HS ferry dock)and appears 62 to be adequately separated from the nearest institutional and residential 63 development (church, cemetery, vacant PHS building, and single-family 64 residences). 65 66 3. The site appears to be capable of accommodating the full range of industrial uses 67 without negatively impacting the surrounding area. The I-Industrial zoning 68 performance standards(KIBC 17.105.060)should further ensure that there are no 69 negative impacts with future industrial development. 70 71 b. Approval of the rezone will allow industrial development that will provide potential 72 for economic growth within the community of Old Harbor. 73 74 5. The rezone is consistent with the adopted 2008 Comprehensive Plan guidance for 75 identifying new Industrial locations.The rezone will also further implement various 76 objectives of the plan. 77 78 6, The Planning and Zoning Commission recommends that the Borough Assembly 79 approve this rezone. 80 81 ADOPTED BY THE ASSEMBLY OF THE KDIAK ISLAND BOROUGH 82 THIS DAY OF 2016 83 84 85 KODIAK ISLAND BOROUGH 86 87 88 89 Jerrol Friend,Borough Mayor 90 91 ATTEST: 92 93 94 95 Nova M.Javier,MMC,Borough Clerk 96 97 Kodfak Island Borough,Alaska Ordinance No.FY2016-xx Page 2 of 2 Case No 16.1%}9 Aran Or6nanea Ordinance No. FY201 -16 Rezoning a t 28.9 acre portion of Tr... Page 80 of 122 AGENDA ITEM #13.C.4. PUBLIC HEARING ITEM 7-8 P Is Z REGULAR MEETING JANUARY 20,2016 710MBIBAYRdIlm 2M eeI 15 7$ -9.362 Fax0nue-gigs 19621 Pfl0lP_ID mi Application r Rezone KIBC 17.205 Ra It t® A ProPerVOwner IA RI PO Box 1 d 3 Phone NLnber 19M C ILnte.. Legal DKOPUM Subdw.,Tract IL 4793 Bbdc Lot Stneet Addnew HHKQiydCWH&dw -.-- 11 — Dux eni ing;Rl 1119017,75 Zonlng:Indu ulal 109017.105 ApPlIcabhC A Kodlak Explanation need 6ho S Thlt amp 1nf $ aF'f 6,LI55 X745 i 1- n 1Rams an spocation Fort �{ a t fban tea k udJ ustotmmLA m aP t9 luthlA tlt� This rummm WIN b 1 t o 1 t ft a crold Hadsorate tadbeen M Onctta r tyles [ nity0l r r[ I papas At 7 It/. 669 s� development f ItY 1 thn Ityis lusbeen E10—tion of n Repeat Ity aa. the effect soch a d1sange or arnemehhent est Thlimm"IsmskIrsontwithdiethenoldnandI le s 15W In the 2M Convothenshre Plan.ShoLdd the Cmnpfdmnlve Pkn hrhwe land WA deshlradanth "Aw9 a Rnt of ?'iIIV,j,ra w u'2�9L_ 5f ®d Cid Criss No.10.009 AppkeW Pigs AGENDA ITEM #13.C.4. PUSUC HEARM REM a•6 &MMjjdMfffflUM" Fee Payable InCashleft .R., ,a A Mr we r saoo lex„w us acret r $ 1-791taSMsam r s7som M lo4&Wwm �s, COM p1 MAI am at r s, , /Pt' PAlb om 10)V/S- Case No_MOM Appicahm Package Ordinance No. FY2016-16 Rezoning a± 28.9 acre portion of Tr... Page 82 of 122 AGENDA ITEM #13.C.4. PUBLIC HEAMNG ITEM 7-13 P&Z REGULAR MEETING:JANUARY 20,2016 PU"HEARNG fftEM 7.9 P&Z REG"MEETING DECEMBER 16,2016 PAYMENT DATE Kodi®k Island Eavough BATCH NO. 101 710 M81 any Rd. 2016 140 COWN STATION Kodiak,AK 29015 RECEIPTRO. CASHIER 2016 393 RECEIVED FROM CASHIER CITY OF OLD HARBOR Cashler DE5CR*qWN COMPREHENSIVE PLAN AMENDMENT ON PROP ID 19621 A% rf2Zxjf I1111111i 11 mum ® a Olmormisc Otmarotmumm" SIA00m Pawmads: IV" D&W Amurd Chm 1310 —FI–Imm TOWN KWD—URL. —31,000,00 PdrWad Iw raxhk%r Pans I nt I Cue ft 15-M APWWM PedW Case No 16-MAppkcabon Package Ordinance No. FY2016-16 Rezoning a± 28.9 acre portion of Tr.. Page 83 of 122 AGENDA ITEM #13.C.4. PUBLIC HEARING ITEM?.® P 2 REGULAR ME NC JANUARY 220,2416 �g 'tea 5 � a � me,rr..st 6- 5, ,~` e %AMC.Tr f NJ AMENDED U. S. SURVEY NO. 4656 USICSIGIS TrL [� �� m "OLD Kmam" 88 BB 99 B6 C�rrous A gnu C PAZ.a It v6 Jr me 13 9y F� 0 BRASS CAPPED IRON POST, CONCRETE CORE 0 C PPERWEL.R ,I.sic," 0 }� — ��° � 1 SCALE IN FEET M.C2, I Case No.lr-009 Appkawn Page Ordinance o. FY2016-16 Rezoninga± 28.9 acre portion of Tr.. Page 84 of 122 AGENDA ITEM #13.C.4. PUBLIC HEARING ITEM 7.9 P&Z REGULAR MEETING JANUARY 20,2010 /,"*A Kodiak Island Borough A z Community Development Department 718 Mill Bay Road Room 205 Kodiak,Alaska 99615 Phone( 7)486-9363 Fax( 7)486-9396 .k laic .us December 14,2015 City of Old Harbar PO Box 109 Kodiak AK 9W3 Re: Case 1640.Request a Rezom of a±916 acre portion of Tract B,U.S.Survey 4793 from R I- 5ingle-family Residential to I-I ustrial( IBC 17.205). ntSirorM Please be advised that the Kodialk bland ugh Planning and ZoningCommission has scheduled case rc:&rcnced above for Public Hewing at their Jaimmy 24,2016 regular meeting.Imis meeting will gin at 6:30 p.m.in the Assembly Chambers,710 Mill Bay Road,Kodiak,Alaska Attendance at this creeing is not mandatory but recommended. One week priorto the regular meetin&on Wedociday, Jarmary 13, 2016 at 6:30 p. .in the Borough Conrcrence R (10121),the Commission will hold a packet review work session for the Purpose of reviewing pacLet materials and gaff summaries arcases scheduled for the regular meeting. The public is welcome so attend review ®however,the work session Is not for die purpose of receiving public testimony.Applicants who wish to present testimony wuVer evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 48"363 if we can answer any outstanding R lons;orprovitte additionalinformation.In advance.thank you for your c ration. Sincerely, Sheila Smith,Secretary Community Development Department Case No 1 Pub1c Comment Package Ordinance N . FY2016-16 Rezoningf 28.9 acreion of Tn.. Page 85 of1 AGENDA ITEM #13.C.4. PUBUIC HEARING rFEM".0-R P&Z REGULAR MEEnNG JANUARY 2A„2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Ray Read,Kodiak,Alaska 99615 I �rorl&JlOIlpr,4lplfli,ti;p„ 1?1(fT°g -9363 ti� �.,,-.,. December 14 2015 PObLc I$�ttritt� It�trt,7� A public hearing will be held on Wednesday,January 20,2016,The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay oad, Kodiak, Alaska fore the Kodiak Island Borough Platnning, and Zoning Commission, to hear comments If any, on the rclloaviR re nest: CASE- 16-009 APPLICANT: City ofOld Harbor REQUEST: A Rezone of to °a- 0.26 mere portion of Tract B, 1,i„S° Survey 4793 from R1- Single-family Residential to I-Industrial(KIBC 17.205)• LOCATION: Kiz nyak Drive,Old Harbor ZONING: RI-Single-family Residential This notice is being wile to you because our records Indicate you are a property 0%V11CFAnterested party in the area of iltc request. If you do riot wish to testify verbally,,you may provide your comments to the space below at in a letter lap the Community Development i3epariment "L'Lirl¢te�:^��ii r�ur��u�i�um�yA�rmi�w iuwiuuiuw�I ��rm"¢�„��crc�„GyE^�r mu..a..mm„�,yriirnmw.viii,�w.l"��;.'i io!y:,�,nlpiiii?uluuAuiir�y�o� Kptl,tN�i Ipy�t,ilutylui �VwJ.,p.lilo tgJ�,U3N.fi�11;y1�A,14N Ifyou would like to fax your comments to us,our fats member Is (907) 496°9396,or you traay email your comments to ray.ir lu�u��,1�o�sapiaip�qe;l. If you would like to testify via telephone, please call in your comments during the appropriate public hearing.section or the mceting.`Phe local call-in telephone number Is 496-323 1.°Phe tell free telephone number is 1-855492-9202. One week prior to the regular meeting,on Wednesday,January 13,2016,a work session will be held at 6 30 p aaa_in the Kodiak Island Borough Conference Room is 1211,to review the packet material for the case. Kodiak Island 13orongh Code provides you with specific appeal rights if you disagree evhh the Commission's decision on this request If you have any questions about the request or your appeal rights,please feel free In callus at 496-9363, Voor Ns hunt°see;Addms; V.—P— g eeipaomea• i:meesee�esAa` Case No.1 Puuldc Comment Package Ordinance 1 ® ing a 28.9 acre portionof Tr.. Page 86 of 122 AGENDA ITE 1 . . . PUBLIC HEARING ITEM 7•13 P&Z REI;U R MEETING:JANUARY 20„2018 Case 16-009 Request a Rezone of a+ 8.26 acre portion of Tract 13, Location U.S. Survey 4793 from RI-Single-family Residential to Kizhuyak Drive,Old Harbor Applicant 1-Industrial (KIBC 17.205). City of Old Harbor r I � u. ww T r �, r ii miYl rwilr �w� ' � Yum�i www��www j tlYY 4 rrr w V r www awl 1��tttt� rwwweawt�v '; vwvww vwvwv�°ww Approximate Location ° w Public Hearin Notice Feet I.aOafltl W � 75 171.0 r ®Nodflcabon Area Kodiak Island soeoeah ail CummYn6ty®avNopmart Dep artmzx an4 „roam Am Re &at u/Ar,�—k akakmt�.(We(4rW913'C 'PPS 'vx Off avi M „ wo-vrrtaW arra v I:,.._.,,:..v0.R .n,o Ylgiy�aB aPSP'Aarym Casa Na 1 Pu mic Come mm Package Ordinance No. FY2016-16 Rezoning a t 28.9 acre portion of Tr... 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O wm m W u u 19 Fe a d e `t# a KMKE a. u b w M n m W RD u u a � 6 Clu u tap ® O ® ¢ m m m vi w a a a z gy w a LL W .g 0 o Z e w W c� > w ® aa a W a bt a a " m m m u u u u u u u H a Y Y J hm bI n u a a a s ,n a s Ordinance No. FY201 - z iacre i retia Page 88 of 122 AGENDA ITEM #13.C.4. m c4 wo m 9 m m m 0 0 0 0 u 0 0 0 0 0 0 wx x ¢ o ® a U u u u 0 2 T Z Z Z 0 m 0 0 w < o ¢ ¢ 0 0 n. 8 Ln P— u 0 X u cc C3 m ch A 'ry0 in 0 0 0 0 t; t; W w IL m m Nm w 9 P w u Z 2 9 a2 Z Ez Z w 0 w 0 0 0 Ordinance No. FY2016-16 Rezoning a 28.9 acre portion of Tr... Page 89 of 122 AGENDA ITE 13. . . Draft Kodiak Island Borough Planning and Zoning Commission Minutes Applicable to P&Z Case No.16-009 January 20,2016 Regular Meeting 610 pm-Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the January 20„2016 regular meeting of the Planning &Zoning Commission at 6:32 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Jay Baldwin due to being sick. Commissioners present were Scott Amdl,Barry ARenhof,Maria Painter,Alan Schmitt,and Greg Spalinger. Excused was Jay Baldwin. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Jay Baldwin. VOICE VOTE ON M077ON CARRIED UNANIMOUSLY Community Development Department staff present was Direct Pederson; Jack Maker; Sheila Smith,and Sara Mason. PUBLIC HEARINGS B. CASE 16-009.Request a Rezone of a+8.26 acre portion of Tract B,U.S.Survey 4793 from R1-Single-family Residential to 1-Industdal (KIBC 17.495). The applicant is the City of Old Harbor.The location Is Kizhuyak Drive, Old Harbor and the zoning is R1- Single-family Residential. Note:4§public hearing notices were mailed on December 14 and g responses were received. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of a+28.9 acre portion of Tract B,U S.Survey 4793 from R1-Single-family Residential District to 1-Industrial District(KIBC 17 195)and to adopt the findings of fact listed in the staff report entered into the record for this case as'Findings of Fad"for Case No.16-004. Maker stated this rezone request follows the request to amend the 2008 Comprehensive Plan Future Land Use Designation of the site from Conservation to fndustriallLight Industrial.Should that amendment be approved the rezone would be consistent with the site's future land use designation and the same Comprehensive Plan goals, policies, and implementation actions listed in the written staff report for the amendment request. The rezone also satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes.As was the case with the Comprehensive Plan amendment request,the recommended motion has been updated to reflect the expanded site area.Staff recommends that the Commission forward Kodiak Island Borough Planning&Zoning Commission Minutes January 20.2016 Page 1 Ordinance No. FY2016-16 Rezoning a± 28.9 acre portion of Tr... Page 90 of 122 AGENDA ITEM #13.C.4. this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. The site is of sufficient area(:t 213.9 acres)and is capable of providing suitable building sites for the full range of industrial uses. 2. The site is near compatible industrial development (AHS ferry dock) and appears to be adequately separated from the nearest Institutional and residential development (church, cemetery,vacant PHS building,and single-family residences). 3. The site appears to be capable of accommodating the full range of Industrial uses without negatively Impacting the surrounding area. The 1-industrial zoning performance standards (KIBC 17.105.060) should further ensure that there are no negative impacts with future Industrial development. 4. Approval of the rezone will allow industrial development that will provide potential for economic growth within the community of Old Harbor. 5. The rezone Is consistent with the adopted 2008 Comprehensive Plan guidance for Identifying new Industrial locations.The rezone will also further Implement various objectives of the plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning&Zoning Commission Minutes January 20,2016 Page 2 Ordinance No. FY2016-16 Rezoning a± 28.9 acre portion of Tr.. Page 91 of 122 AGENDA ITEM #13.C.4. Kodiak Island Borough A Community Development Department 710 MIll Bay Road Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kadiakak.us January 27,2016 City of Old Harbor PO Box 109 Old Harbor,AIC 99643 Re: Case 16-009. Request a Rezone of a+8,26 acre portion of Tract 0® U.S. Survey 4793 from RI-Single-family Residential to Wridusinal(KIEL 17.195). Dear Sir or Madam: The Kodiak Island Borough Planning&Zoning Commission at their meeting on January 20, 2016 moved to forward the request cited above, recommending approval, to the Borough Assembly. The commission adopted the following findings of fact insup port of their recommendation to the assembly: FINDINGS OF FACT I. The site is or sufficient area(t 28.9 acres)and is capable of providing suitable building sites for the full range of indusuial uses. 1 The site is near compatible industrial development(AMHS ferry dock) and appears to be adequately separated from the nearest institutional and residential development (church, cemetery,vacant PHS building,and single-family residences). 3, ne site appears to be capable of accommodafing the full range of industrial uses without negatively impacting the surmunding area. The I-Industrial zoning performance standards (KIBC 17.105.060) should further ensure that there are no negative impacts with future industrial development. 4, Approval of the rezone will allow industrial development that will provide potential for economic growth within the community of Old Harbor. 5. The rezone is consistent with the adopted 2008 Comprehensive Plan guidance for identifying new industrial locations. The rezone will also further implement various objectives of the plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Ordinance No. FY2016-16 Rezoning a± 28.9 acre portion of Tr.. Page 92 of 122 AGENDA ITEM #13.C.4. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055(Submission to assembly)oft Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions,a report with recommendations shall be submitted to the assembly together with the proposed ordinance.Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17-205.070.by the borough clerk. B. If the planning commission recommends denial of any proposed amendment,its action shall be final unless dm initiating y® within ten days, riles a written statement with the clerk requesting that the commission's action be taker➢up by the borough assembly. Should this rezone be approved by the Kodiak Island Borough Assembly.you will still need to obtain permits for any construction activities, If you have any questions about the action oft commission, please contact the Community Development Department at 486-9361 Sincerely, Robert H.Pederson®AICP Director,Community Development Department CC: Nova Javier.Bomugh Clerk Planning&Zoning Commission Ordinance No. Y2 -1 Rezoning a±28.9 acre portion of Tr.. Page 93 of 122 AGENDA ITE 1 . . . KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 16, 2016 J. � ASSEMBLY REGULAR MEETING TITLE.: Ordinance No. FY2016-17 Amending the Kodiak Island Borough Code Title 5 Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana Businesses (Opt Out Ordinance). ORIGINATOR: Mel Stephens FISCAL IMPACT: FUNDS AVAILABLE: Account Number. Amount Budgeted: SUMMARY STATEMENT: This ordinance was requested by Assembly member Stephens which would allow the Kodiak Island Borough to exercise the authority granted by AS 17.38.110(a)so as to prohibit to the broadest extent possible the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-17 in first reading to advance to public hearing at the next meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-17 Amending the Kodiak Island Borough C... Page 94 of 122 AGENDA ITE 1 .C.5. I 2 Introduced by: Assembly member Stephens en 3 Drraafted by Assembly m Stepmember hen: 4 Introduced: 02104r20116 5 Public Hearing', 5 Adopted: 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2016-17 10 I I AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 AMENDING THE KODIAK ISLAND BOROUGH CODE TITLE 5 BUSINESS 13 LICENSES AND REGULATIONS BY CREATING A NEW CHAPTER 5.02 14 MARIJUANA BUSINESSES 15 16 WHEREAS, the passage of Ballot Measure #2 in the 2014 State of Alaska Election has 17 provided for the legalization of various marijuana-related activities on a specific timeline;and 18 19 WHEREAS, AS 17.38.110,"local control"In subsection(a)provides:"A local government may 20 prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing 21 facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an 22 ordinance or voter Initiative';and 23 24 WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 25 17.38.110(a) so as to prohibit to the broadest extent possible the operation of marijuana 26 cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or 27 retail marijuana stores within its borders;and 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 30 BOROUGH THAT: 31 32 Section 1: This ordinance is of a general and permanent nature and shall become a part of 33 the Kodiak Island Borough Code of Ordinances;and 34 35 Section 2: KIBC Title 5 Business Licenses and Regulations is hereby amended by creating 36 a new chapter 5.02 Marijuana Businesses to read as follows: 37 38 Chapter 5.02 39 40 MARIJUANA BUSINESSES 41 42 Sections: 43 5,02.010 Marijuana Businesses Prohibited. 44 5.02.020 Enforcement. 45 Kodiak Island Borough,Alaska Ordinance No.FY2016-17 Pagel 01`2 Ordinance No. FY2016-17 Amending the Kodiak Island Borough C... Page 95 of 122 AGENDA ITEM #13.C.& 46 47 48 5.02.010 Marijuana Businesses Prohibited. 49 The operation of marijuana cultivation facilities, marijuana product manufacturing facilities, 50 marijuana testing facilities, and retail marijuana stores anywhere within the Kodiak Island 51 Borough is hereby prohibited. 52 53 5.02.020 Enforcement. 54 55 A. A violation of a provision of this chapter is an offense punishable by a penally not to exceed 56 a fine of$1,000,In addition to the surcharge required under AS 12.55.03 .Each day that a 57 violation continues constitutes a separate violation and is subject to a separate One, 58 59 B. Notwithstanding the availability of any other remedy provided by the provisions of this code, 60 the borough or any person aggrieved by a violation of this chapter may institute a civil action 61 for injunctive relief to enforce these provisions In any court of competent jurisdiction. 62 63 Section 3.Effective date.This ordinance is effective upon passage. 64 65 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 66 THIS DAY OF 2016 67 68 69 KODIAK ISLAND BOROUGH 70 71 72 73 Jerro Friend,Borough Mayor 74 75 ATTEST 76 77 78 79 Nova M.Javier,MMC,Borough Clerk Kodiak Island Borough,Alaska Ordinance No.FY2016-17 Page 2 of 2 Ordinance No. FY2016-17 Amending the Kodiak Island Borough C... Page 96 of 122 AGENDA ITEM #13.C.5. M E 62 ON Uj 4 F1 ;z E Z 0 E ON > C) C) SM ;r.A 2;e ei A 6't; T W 1. E oy z '!.32 -8 70 j 4'- Ordinance No. FY2016-17 Amending the Kodiak Island Borough C... Page 97 of 122 AGENDA ITEM#13.C.5. 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Continue Voting on Next Side Ordinance No FY2016-17 Amending the Kodiak Island Borough Q.. Page 9B of 122 AGENDA ITE ' .C. . KODIAK ISLAND BOROUGH AGENDA STATEMENT ASSEMBLY REGULAR MEETING •=u�a. TITLE: Ordinance No. FY2016-18 Establishing a Limited Moratorium on the Receipt or Processing of Applications, Permits,or Pending Approvals Pertaining to Marijuana Establishments. ORIGINATOR: Kyle Crow FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Ordinance No. FY2016-18 sets in place a moratorium on the establishment of marijuana cultivation,testing facilities,manufacturing, and retail sales stores until May 31, 2016.The purpose of the proposed moratorium is to allow the Kodiak Island Borough Assembly time to review and assess laws and regulations adopted by the State of Alaska between now and November 24, 2015 regarding marijuana use. Alaska Voters approved Ballot Measure 2 in November 2014.That ballot measure legalized the production, transport, and sale of marijuana in Alaska. Ballot measure 2 gives local government wide latitude to regulate or prohibit marijuana activity, so long as those regulations are not, using the word of the ballot measure,"in conflict"with State Statute and regulation. In response to voter approval of the measure,the state's executive branch has a deadline of November 24, 2015 to put into place regulations governing the activities approved in Ballot Measure 2. In this matter,the Kodiak Island Borough and other municipalities around the State of Alaska are all currently deciding what, if anything,they wish to do locally in response to statewide law and regulations. The Kodiak Island Borough has decide to implement rules of its own regulating or prohibiting some of the activities permitted by Ballot Measure 2 and this will require modification of the Borough's zoning code. accordingly, a months-long process will need to occur to put that effort in place.Adoption of Ordinance No. FY2016-18 provides the Kodiak Island Borough Assembly and Staff time to respond to the State of Alaska's actions without being subject to statutory deadlines to process applications for commercial production and/or sale of marijuana within the Kodiak Island Borough that would likely occur without the moratorium. It is anticipated that a committee will need to be established to assist in the development of this new code so that it meets the needs of the public. RECOMMENDED MOTION: Move to amend Ordinance No. FY2016-17(opt out ordinance) by substituting it with Ordinance No. FY2016-18(limited moratorium ordinance)and advance this to public hearing at the next meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-17 Amending the Kodiak Island Borough C... Page 99 of 122 AGENDA ITEM 9 . 1 2 Introduced by Assembly Member Crow Requested by- Assembly Member Crow 3 Drafted by- Assembly Member Craw 4 Inlroduce& 02/1012016 5 Public Hearing: 6 Adopted:, 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2016-18 10 II AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 12 BOROUGH ESTABLISHING A LIMITED MORATORIUM ON THE RECEIPT 13 OR PROCESSING OF APPLICATIONS, PERMITS, OR PENDING 14 APPROVALS PERTAINING TO MARIJUANA ESTABLISHMENTS 15 16 Section 1- Classification.This ordinance will not be codified. 17 18 Section 2. Severability. If any provision of this ordinance or its application to any person or 19 circumstance Is held invalid, the remainder of this ordinance and the application to other 20 persons or circumstances shall not be affected thereby. 21 22 Section 3. Effective Date.This ordinance shall be effective immediately upon adoption. 23 24 Section 4. Action.The Kodiak Island Borough Assembly finds the following. 25 26 WHEREAS, on November 4,2014„the Alaskan voters approved a ballot measure legalizing 27 the use of marijuana, and, with a State license, the operation of marijuana establishments,, 28 defined as cultivation,,manufacturing,testing and retail facilities°and 29 30 WHEREAS, the Initiative, which goes into effect on February 24, 2015„requires the Slate of 31 Alaska to begin accepting and processing applications for the registration of marijuana 32 establishments within one year of the effective date of the act°,and 33 34 WHEREAS, the initiative authorizes local governments to enact legislation concerning the 35 time,place, and manner related to the operation of registered marijuana establishments,or the 36 prohibition of marijuana establishments;and 37 38 WHEREAS, it is in the publics best Interest that the Kodiak Island Borough Assembly 39 thoughtfully consider and adopt legislation regulating marijuana establishments within the 40 Kodiak Island Borough and 41 42 WHEREAS, the purpose of this moratorium Is to allow the Kodiak Island Borough a 43 reasonable period of time to consider and enact legislation concerning the operation of 44 commercial marijuana establishments in the Kodiak Island Borough. 45 46 Kodiak Island Borough,Alaska Ordinance No.FY2016-18 Page 1 of 2 Ordinance No. FY2016-17 Amending the Kodiak Island Borough C... Page 100 of 122 AGENDA ITEM #13.C.5. 47 Now,THEREFORE,BE IT ENACTED BY THE KODIAK ISLAND BOROUGH ASSEMBLY: 48 Moratorium. The Kodiak Island Borough shall accept no development permit application, 49 proposal, or other documentation for a similar purpose, nor act on pending applications, 50 proposals, or documentation for a similar purpose, pertaining to marijuana establishments, 51 including marijuana cultivation,testing,and product manufacturing facilities and marijuana retail 52 stores.The prohibition imposed by this section shall remain in effect until September 1,2016. 53 54 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 55 THIS DAY OF 2016 56 57 58 KODIAK ISLAND BOROUGH 59 60 61 62 Jerrol Friend,Borough Mayor 63 64 ATTEST; 65 66 67 68 Nova M.Javier,,,MMC,Borough Clerk 69 70 Kodiak Island Borough„Alaska Ordinance No.FY2016-18 Page 2 of 2 Ordinance No. FY2016-17 Amending the Kodiak Island Borough C... page 101 of 122 AGENDA ITEM #18.A.I. RECEIVED E D 4 210116 KODIAK PARKS & RECREATION COMMITTEE s November i . 2015 ular Meeting 7 l ni rence Room CHAIRCALL TO ORDER LT ALL called o order the November 12. 2 r s and Recreation regular meeting at 7:01 p.m. ROLL CALL Committee a reseni were Patrick Sallonstall, Helm Johnson, Sharon Wolkoff. rnie Leist, Dale Stratton (7: .). Ex-officio member present was Alan Schmitt. Absent ex-officio members were Frank Peterson, Ran Bryant, Carey Gronn. quorum as established. Community Development Departmentstaff r s n s Jack Maker and SheilaSmith. Also present was Paul Van Dyke andJ n I Day(GIS). Members of the public present were Brian McCrary and Ben Millsteln. COMMITTEEAPPROVAL OF AGENDA approve the en . VOICE VOTE ON M077ON CARRIED L MINUTES OF PREVIOUS MEETINGS COMMITTEE MEMBER JOHNSON MOVED to approveOctober 27,2015 minutes. AUDIENCEVOICE VOTE ON MOTION CARRIED UNANIMOUSLY None BUSINESSOLD Trail E Objectives Jack Maker stated in your packet is the RussianCreek drafts without all the input. Paul Van e brought completed copies tonight. Paul Van Dyke stated the project re we were working on is the Pillar Mountain to IIs Flats so the RussianRidge is the first one we didthen the JackLee Lakes area, en these to connect the two so this is the Pillar Mountain to Womens Bay. Tis is the one with all your comments. Saltonstallsi aiwe've on in the postiswe'll approve thesen them at our next trail summit to hopefullyt more Input along withinput on the next trail areas. We will a t we are seeking Input ante Sallery Cove/Portage area and start working on those, but 'll also come up withv r l statement o we thought of this whole area, t the best project Is in that area. Page I of 4 Parks and Recreation Cornrnittee Minutes 11/12/2015 Parks cr tion Committee RM Minutesr 12 and... Page 102 of 122 able to put in for a grant for some projects. ' iv the public one more chance for input on it. Discussion of the trails, 17b easements. land ownership, 's, and the condition f the SalteryTrail, The committee ! additionto the comments of A18 for Van Dyke to add to 's. COMMITTEE MEMBER LEIST MOVED to r v 's as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY K.I.S.A. s d Placeholder I R SALTONT said l iTrooper sold there is a new be nd i range 200 yards further down the n the same side f the road. ThereIs more garbagerstartingshoot the trees down in place.The ro rsai thereif s an ordinance couldn't rit ticket but he could ask them what they are doingtthere'sof much he can do about It right . Maker stated that the BoroughResource is r, Duane Dvorak. is working on better signage than we havein the past. If you want to come up withrecommendations r a park Maker will put it in memo form and forward if appropriate,the P&Z and on to the Assembly. r included in the packet the tri-fold r c shooting l Horn id up. Staff can bring a bunchfor the committee to dis rs r they see fit. Discussion f shooting, garbage, parks, and full-page ads in the newspaper. Also discussed as doing a cleanup of the areas°during 's, Maker stated this committee os not doresolutions so he wills MEMBER LEILEIST the memo form for her to ori r will edit it. COMMITTEE `F MOVED TO AMEND the motion (previously adopted at the October t°` tin ) to make a recommendationfor the assemblyconsider cleaning i at Monashka Bay, to potentiallysignage and do PSA's, and potentially an educationalbrochure o t safe shooting n optional preferred shooting locations. VOICE VOTE ON MOTION Tennination Point and Long Island-Placeholder Icer stated this Is a placeholder. Information. Killarney Hills, c -Placeholder Maker stated comments cin and are included in r packet. EX-OFFICIO ! gave background info on Killarneyills. Discussion f parks, trails, R-2 housing, sixty-eight families t are still going displaced r c s 's and the need for housing. COMMITTEE MEMBER ! T MOVED to make a recommendation to the Borough Assembly, s Committee, and Planningn i hWay/KANA Field s a field, to preserve the wetlands for public use, and to consider connectivity from Murphy Way to the field as we mover In I i . Page 2 of 4 Parks and Recreation Committee Minutes 11/12/2015 Parks cr ion Committee RM Minutesv ... Page 103 of 122 AGENDA ITEM #18.A.I. VOICE VOTE ON MOTION ! During discussion r staled iii transfer the do into a memo and get the chair to initial i 'll see to it that it goes s Committee, and the Assembly as an information item withthe minutes. Maker told CHAIR SALTONSTALL to check iClerk's Office to see If can get the committee the agenda o give a brief of what the committeeis doing. Discussion s to the Assemblyn n the next one will be. E) Saftery Cove&Portage Bay rail Improvements—Placeholder Maker stated there is nothing new to r6port. They have completed it work for this year and will pick up next year when the seasonallows. Brief discussion } Island Lake Traill v -Placeholder Maker stated there is nothing new to report, and Smithsaid at the last meeting that the purchase order was finally approved. BUSINESSNEW } Future Trailsit Maker provided the last Trails i s and the advertisingin your packet. During isc ssio ,there was consensus to holdTrails u it on February . } Status of Kodiak Maker stated theres a statement c e couldn't ri it. It was a good letter from the management f State Parks for this area. It loos as if they will make v o to keep the parks open and havefound other ways to cut the budget. leastAt they will be able to i i minimum staffing f the parks and they will remain open for now. COMMUNICATIONS November 1 ,2015 PlanningZoning issiPublic Hearings. Maker gave an update on the n . } Tract R-2, Killarney Hills Subdivision Public Comments Maker slated there were two comments thatc i COMMITTEEl acknowledge receipt of communications. CARRIEDVOICE VOTE ON MOTION ! ! REPORTS Meeting c I : December 22, 2016s & Recreation Committee meeting-7:00I Conference It was the consensus of the committee to try to holdDecember 22"d meeting. Page 3 of 4 Parks and Recreation Committee Minutes 11/12/2015 Parks and Recreation rttee RM Minutes of November 12 and... Page 104 of 122 AGENDA ITEM #18.A.I. COMMITTEE MEMBER JOHNSON MOVED to accept reports. VOICE lUNANIMOUSLY AUDIENCE Ben Millstein saidr that the committee sboard . Smith stated r is an applicationoriwebsite. MEMBER'SCOMMITTEE Sharon Wolkoff i rll r you wereire for trail names. Patrick Saltonstallsi ss because tre doing signager the trails that we came up with. When we do these it management objectives, In the futureill be talking ITTEE MEMBER STRATTON and he will tell us what the names are. Alan Schmitt commended the committee fortheir efforts andencouraged up the good work. ADJOURNMENT COMMITTEE MEM13ER JOHNSON MOVED to adjourn, CHAIR SALTONSTALL adjoumedthe meetingat e 7 I I I Y` ATTES c t nsia it T By: ells l ® cr to o to ity Development Department APPROVED:January 26.2016 Page of 4 Parks and Recreation Committee Minutes 11/12/2015 Parks and Recreation sttee RM Minutes of November ... Page 105 of 122 AGENDA ITEM #18.A.l. WOMENS Y SERVICE AREA BOARD ORIGINAL REGULARS Date: December 1,2015 Call to order:7:14 pm Members r . rpt®George Lee,Dave Heuman,Davenr ill Ecrel and John Isadore. Member excused:Greg Eglc, Member a sent:Jessica Hom Also scat® Kevin Amdt(Contractor) Minutes approved and signed: lar meeting November 3,2015 Citizens Co ments: None Contractor's Comments- Crack scaling is to continue if weather permits,also brushing to continue,The Signs are expected to arrive soon, Chairman's CommenW Work r ers:3 WorkOrden outstanding. Crack Scaling Signage Grading unfinishedBusiness: Fire e a ent Emergency Sheller o Pending final billing for outstanding invoice fora t elect code upgrades o 60k left from 100k earmark for FD shared costs for exterior upgrades of the original building Road Service Asphalt Repairs o letter submitted to possibility of State of AK Bond Issue Cottonwood Circle encroachment.ongoing,Conrad to pursue with Culvert markers,Hcuman,ongoing New I s RECEIVED Fire Department F ' l HOROUGH WaOrRCE KODIAK ALASKA Parks and Recreation i Minutes o r 12 and... Page 106 of 122 AGENDA ITEM #18.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES New sign to be installed on Fire Hall Apartment to be painted prior to new rentefficase Road Service Pursuing purchase or D 1.to be stockpiled at K113 lot across from Sgt Ck Dumpers Board Member comments Round table discussion about call-out protocol in absence of Chairman,but no consensus was reached. Next Rcgalar MccfingJars 5,20l6 7:00PMatills WBFD Meeting adjou med at 8JO pm 0 . CHAIRPERSON WITNESS Parks and Recreation Committee RM Minutes of November 12 and... Page 107 of 122 AGENDA ITEM #18.A.1. Kodiak Island Borough L I 7016Planning & Zoning Commission Minutes VJR L-it@C FDecember 16,2015 OU ALASKA 6 30 m.ins th rs, CALL TO ORDER CHAIR ARNDT called to order the December 16, 2015 regular meeting of the Planningand Zoning Commission a a3 PLEDGELL I CHAIRled the pledge of allegiance ROLL CALL Requested to be excused as Greg Spalinger. Commissioners present were Jay Baldwin,Alan Schmitt. aria Painter. and Scott Arndt. Excused s Greg Spalinger. Community Development Departmentstaff resent was Director Pederson.Jack Maker,and Sheila Smith. COMMISSIONER SCHMI to excuse Greg Spalinger. VOICE VOTE ON MOTIONUNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER C to approve the December 1 , 2015 PlanningZemin Commission agenda. VOICE ! f Y APPROVAL OF MINUTES COMMISSIONER PAI to approve the November 18, 2015 PlanningZoning Commission minutes. VOICE VOTE ON MOTION UNANIMOUSLY CITIZEN T Items Not Scheduled for Public Hearing'. Limited to Three Minutes Per Speaker. Local number. 406-3231 Toll Free number:855A92-9202. i ny Shank stated that at last °s work session she planned on asking questions about the proposed code amendments ut found outthere's no opportunity to speak out scheduled public hearing items. She came to the work session o find out that the Item of her interest had been discussed at the last 2 work sessions before being scheduled or public hearing. By staying and listening to the work sessionshe heard a comment about people having the freedom to use develop their property. She appreciated the time energy the commissioners contribute. She hopesthe changes the commission proposes are not for their own personal benefit but fort e betterment of the entire Island community. Judi Kidder stated she attends all the P&Z and Assembly meetings. It's been o t s of work this and both sides of the coin are discussed. She read same of the authority from the borough code that allows the Commission and Assembly to make Some oft the decisions that they do, an whenever public necessity, convenience, general welfare or good zoning practice requires the Assembly a e by ordinance and after a report from the commission and a public hearing is required y law; amend,supplement,mo i ,repeal, and otherwise change the regulations. This is 17JI612015 Page 1 of 14 P&Z Minulas Parks and RecreationCommittee Minutes of November 1 108 of 122 AGENDA ITEM #18.A.1. at this is covered under and set inks the ADU change is in the Interest of the greater good o the KIB Assembly. If you're going to make full findings of fact to pass on to the Assembly to vote on, we have a housing crunchin this community # are leaving. ople that leave it's an increase of debt per capita,which means property values are goingto be higher to try to covert at bill.We are just going to be taxed and taxed n to try to pay for the debt that's out there.The only way to spread t Is to expandthe community, promote growth, business and residential so we have workrorce housing so we can get more property on the tax rolls an dilute that debt per capita figurer this town. She sees this as a positive thing and supports I 0%. Neal Cooper stated he appreciates the work the commission is doing andbelieves that most of the commission is representing the public and of the ambitions of others.He supports what Shank and Kidder said. e have a mass exodus out of Kodiak. There is no tax base. He and I der attendedeetin Inst night and Mr. Ledoux said it the way it was. Last week we had a mom op from Jackson's Trailer Court take their 3 children and moved to Anchorage. They just walked away and left it because we cannot afford to $1400 a month or up to a month. The new owner's t Jackson's have left no opportunity for any other avenue. This ADU proposal that you think is a goodidea,he thinks everyone should be able to do what they want with their land s Ion s It's safe and within Code. He doesn't think it's going to make a big differenceit t Is happening in Jackson's but just think about all those children leaving and o any teachers are e losing. andhow much tax base are we losing.The opposition is going to say let's put in some million dollar homes and we'll have that tax base but hour long is that goingto take. Several years back he went through $300,000 major medical that wiped himout financially. he knows whatit's like to live in an Inferior place to live but 's a place to live.A friend of his hired 5 people to work on Is boat today', two of there are homeless. If you vent seem it drive down Sharatin to see the 2 story triplex being built, it's really tiny and the ale triplex Is the size of the front room of the house e was sitting in. It's framed In n ray to finish. If we allow peopleto do this and some of these peopleth money wouldo this to sell for$125,000 for one piece of a triplex. He likes the idea of the mother in law apartments but he doesn't thin It's going to make a difference unless they are made a little bigger. PUBLICI Local number: 486-3231. Tall Free phone number: 855-492-9202. Limited o 3 minutes per speaker. A) Case 1 (Postponed from the November 18"' regular meeting. Requestr if t approval ofh It of Lots I thru 40, CliffIt Estates Subdivision, v reestablishing associ t , and creatingi thru 34 and Tract , Cliff Point Estates ivi i , Oceanfront Additionj I , The applicantIs c frKodiak LLC and the agent Is r , The location Is ll Point, Milepost 14, Chinlak Highway and the zoning Is C-Conservation. Maker stated this request seeks to r plat Cliff Point Estates subdivision to create lots smaller a 10 acres, The existing subdivision has 40 lots from 10 to 15 acres. This plat vacates all lots and associated easements to create 34 reconfigured lots andone large tract. Corresponding easements were reconfigured to accommodate the new subdivision design. Proposed tot sizes range from to 21 acres and the large tract Is 129.32 acres, All lots meet C-Conservation zoning lot area and t requirements.The new subdivision design is better than the existing subdivision as it eliminates the use of flaglots. and access easements could prove problematic for development. The new plat uses public road right-of-way access and each lot within the subdivision fronts that right-of-way which makes easements r electrical a ulift easements easier to provide. Two ( ) public hearing notices were mailed on ove ber 4. 2 1 o public hearing notices were returned. Sto to ins that this plat meets the minimum requirements o chapter 16.40 of the Boroughcode and the recommended conditions of approval s out ensure at the Final plat meets the standards of Tides 16 (Subdivision) and 1 (Zoning) of the Borough 12116r2015 Page 2 or 14 P&Z Minutes Parks and Recreation Committee i and... Page 109 of 122 AGENDA ITEM #18.A.1. Code. Staff recommends approval oft is request,subject to the eight conditions of approval listed in the written staff report. COMMISSIONER PSI requested clarification about one of the plals that as the easement right-of-way for microwave transmission but shedoesn't o if it has the 400 foot wide, is that something that should be part on because that was part of the book and page and shedoesn't know if it says it must remain free of any structure or building of any so Maker stated forte 100 foot line of sight easement is Identified on page 2 of 3 oft the plat markup and it states the USCGline of sight easement,book 108, page is Recording istrict said easement shall remain free of any structure or building avis ht of over 350 feet and the width is also indicated on the plat Itself. In response to COMMISSIONER PAINTER'Sinquiry of that old be thefirst line ofsight easement for Tract A, Lots 21,2 ,and 34,what she was speaking to was another o e that says on proposed Lots 22 through and then 30 to 32 is now a portion of Lot A, does it actually say a existing 400 foot wide USCG easement aright-of-way for microwave transmission that must remain free of any structure or building of any sort, Maker stated e c llo t does not call it 400 feet Wide it is identified as 400 feet wide on the easement itself in the picturebut not in writing. COMMISSIONER I to grant preliminary approval of the replat of Lots 1 t r CliffPoint slates Subdivision, vacating n reestablishing associate easements, n creating. Lots 1 thru 34 and Tract A, Cliff Pointstates Subdivision, Oceanfront Addition (KIBC 16.40). subject to eight conditions of approval and to adopt the findings In the staff report entered into the record fart is case as"Findings of FacVfor case Dye Close regular meeting&open public hearing- Mark Anderson. hearing-agent, provided alternative findings of fact tote commission and staff and he read them into the record. e stated e agrees with staffs conditions with some minor changes. Anderson also stated that some oft the easements may be vacated later and he wanted it in writing sothere ill be no confusion later, He requested from staff the name of the local authorized official responsible for ire apparatus road requirements. Director Pederson state it's the Fire Chief forte City of Kodiako is the Fire Marshal when it's of within a Service District and outside of that is part of our contract with the city. Aker stated the 96 foot requirement in the Fire Code is the Improved rivin surface, and It also s to Include °hi the cul-de-sac ri t-of- ll ancillary support res such as cut slope, ditching, and anything around that. To geta 96 foot improved `v! surface err the topographical constrain of the area it's unlikely that you could got It in a 100 foot cul-de-sac. 175 foot could accommodate It, again that area could be vacated at a later point, The reason Maker went with 75 foot radius is because that's is In the existinglat and the other option would havebeen provide engineered drawi s showing tha the cul-de-sac n fit `thin whatever right-of-way you were wanting, Anderson stated what they are planning to do is we will have engineered drawings on anything that is required other than what the borough requirements are. If there's a change there's a provision in the code that allows for an alternative as long as it's recommended by a registered engineer and that's what they plan on doing. Director Pederson stated It would be appropriate in#2 and#4 to handle at the time of final plat by adding It at the enda smaller radius at the time of the final plat If all the required aciliti are contained in the right-of-way. Pederson sold as taking apart from a hammerhead, the 96 feet. Anderson said this section along Lot 13 is are access easement for the enjoymentof the people o live in the subdivision n he doesn't want to change an irr right t he does want to alert you that he wants. he talked to Pederson and Maker previously about it, to designate it as 1211 15 Page 3 of 14 P&Z Minutes Parks c ion Committee RM Minutese 12 and... f AGENDA ITEM #18.A.1. Natural Use. Pederson responded by email that Itwon't work because the Natural Use District doesn't quite fit and he sald you could a3 in the Conservation zone t it has to be at least acres so Anderson would like the commission to consider is possibly grantingsmaller lot keeping It zoned Conservation so we don't have to go through a rezone process but have a smaller lot to cover that easement. and here'swhy; right now the future owner of Lot 13 has an easement which all the people will have use f and if he owns that property now he has to Insure that easement. Maybe the homeowner's association may be able to purchase Insurance to cover that easement but no matter what if someone slips and falls on private property that's under an easement stats is problematic. That's what the insurance nts told himtoday. e' like the commission to consider doing that but in some other way to address t° Director Pederson stated that you can designate that as a plat note or deed restriction or other soils of thins but the problem withthe lot sizes are established n rTitle 17-Zoning nthrough a platting action you can't grant a variance to the zoning requirements. It would have to carne forward through a variance requirement and there are alternatives. In response to COMMISSIONER SCHMITT'Sinquiry If Anderson would be amenable to postponing for 1 more month to give you and staff the opportunity o flesh this out and ten come back to ors with something that you are agreeable °t n on stated he doesn'tthink that's necessary because all the things he's requested currently within the borough code and itemshe's asked for are thins he just wants documented andare not outside what the commission can grant. They are really housekeepingItems and are not changes to what the meet of what staff prepared. Director Pederson said Anderson Is Incorrect on the lot size forte tract at the beach. The other items can either be worked out or with the language he suggested for#2 and#4 could go forward. Director Pederson stated Mr. Anderson is correct in the minimum standards of the codes, It meets those, it was because of some of the terrain and the slopes that there a a request fora wider easement for the private roads. He believes he can handle the next item if Mr. Anderson an Maker want to step out to work an those conditions and we'll continue this case until the and of the agenda and come back to it. COMMISSIONER I said it's significant from is perspective that we're not dealing with dedicated right-of-ways here,we're dealing witheasements I tiv to the widthoft the property.if it s a right-of-way your property owner's wouldn't be allowed to do anything in that right-of-way but if it's an easement and it's all not being used they could put something in the easement. Anderson slated he wouldlike to work with staffduring the preliminary l t process to come back and not have to re-apply re-applyfort at one issue accomplish that, it's going to be 4 months before 're done with the road anyway. COMMISSIONER A 17 stated in reference to#5 of the conditions of approval n page 25 of 117® It has one of the easements but It doesn't have the second one she was talking about, Book 6® page 646 in the recorded version and that has to do with the400 foot wide,she asked for that o be put In. Anderson slated that was part ofMaker's condition and on our preliminary plat he just missed writing that 400 fool in but it is listed as 200foot on each side of the line®The other thing Maker did on #5 was#5 is a different easement, that's the road easement from Chi lak Highway to our property line and it was on the preliminary plat except ones all piece but the book and page number was noto our preliminary document. There's also another error that says Womens Bay on both sides along with a couple more housekeeping Items that will be corrected. Director Pederson stated on#2 and 4 you can add at the endere it talks a ut the cul-de-sac or a smaller radius at the lime of final plat If all code requirements re met and the Engineering an Facilities Department and the Fire Marshal agree. rlier In#2 youn address private road n utility easements shall be 00 feet wide except 70 feet for the main Cliff Point Road. 12/16r2015 a e 4 of 14 P 7 Minutes Parks and Recreationi i rr ... Page 111 of 122 AGENDA ITEM #18.A.1. COMMISSIONER PAINTERstat she's not going to make a motion that currently we are bombarded it a bunch of stuff that requires changes and she's not prepared for that, we shout have done this at the work sessionten come to this regular meeting. 's not going to be pressured to do anything at this point. If you want to take a recess to work this out to present something to us otherwise there could be a problem. COMMISSIONER I as In ree e l with COMMISSIONER PAINTERat it would helpful to have all the conditions f approval that we're goingto be voting on here clearly stated, Director on stated we could postpone this until after Case C. COMMISSIONER I to relax the rules and move this case down to the bottom of the public hearing cases. ROLL CALL VOTE CARRIEDUNANIMOUSLY B) Case 16-004.Request o r siv Plan amendment to change the Future Designation f acre portion of Tract 8, U.S. Survey 4793 fromConservation Industrial/Light In tri (IBC(KIBC 17.206). The applicantIs r. The location Is Klzha rive,Old Harbor and the zoning Is RI-Single-family Res€ i 1. Director Pederson stated youa the supplemental s report n recommendation i your packet at recommends e continue this flem until the next regular meeting to bring forward rezone on the sameagenda with the Comprehensive Plan Amendment.That would be the January 20, 2018 regular meeting. COMMISSIONER C I to postpone Case No. 16-004 to the January , 2016 Planning and Zoning Commission regular tl to combine the ComprehensiveIan amendment request with a request to rezone the site from -Single-family Resideni I to - In usrial. LL CALL VOTE ON MOTION CARRIEDUNANIMOUSLY C) Case 16-007. Request an ordinance ame l i Chapters f€ i ns) and 17.1 (Accessory Buit B ) to Include v standards f ccsdwelling units In the Borough. is ordinance will also amend the followingIChapters to specifically list accessory dwellingas a permitteds *17.60(C-Conservation l ric ) ®1 Residential TwoDistrict) •1 (RR-Rural est tial District) •1 (RRI-Rural Residential OneDistrict) ®97.7 -Single-family Resl istrict) ®17.80(R2-Two-family Rest i i District) ®17.86 JR3-Multi-family ResidentialDistrict) The lie is the KodiakIsland ro location is borough-wide and the zoning Is all residential dis ric . (rector Pederson stat ADU's are a small self-contained residential unit on the same lot as the existing home, There's a variety f names for them, The keyterm is they are accessory to generally smaller in size andro i o than the mainresidence on the some lot and most codes eat with theseIn terms of specific size limits, locations, and other design requirements to make sur it's not a duplex or 2 single-family ho es on 1 lot. Contemplating bac int the years he's been dealing with accessory I units he came across a Billi s i n state that got the ball rolling in the Northwest In 1993; an AccessoryIlia it Task Force and the Washington Housing Policy Act required certain counties and cities to consider adopting regulations for 's and they are now widely used throughout the state of Washington. At that time there was a lot o discussion f would this be a change to the character of the neighborhoods. would it double the density, and allthose sorts of things. It was determined it would not and the ordinance was 12/1612015 Page 5 of 14 P&Z Minutes Parks and Recreation r Minutes ... Page 112 of 122 AGENDA ITEM #18.A.1. adopted it's been very successful. If you have good regulations out size to ensurethey are accessory they seem to workvery well. You've reviewed this ordinance in work sessions several times and as drafted there's a coupleof key points to address.We've talked out the size of an ADU and as drafted it would allow them it i existing structure. in addition to a structure. r stand-alone c sso ildi . You vent decided the size limit and staff recommended smaller limit of 650 square so forsmaller lots it's clearly accessory to the dwelling. Various numbersare up for discussion at various work sessions. There's a key provision there that following sic hearing andyou move forwardit this that would be one of the choices to make for the commission. Pederson also wanted to note one of the requirements. , Is the property owner shall live in theprinciple llin or the ADU whichIs a common feature f ordinance so it's not a rental property with the property owner being absent. COMMISSIONER PAINTER sent comment In h a suggested change to that language which Pederson thought was One, We've been talking about the parkingrequirements an os soft of things. One of the requirements that he wanted to mention Is under 17.160.070.b.1 under Permitted Uses wherelists the zoning districts there's yellow highlight on R2 and R3, most communities 's In the Single-famil Districts and not duplex or Multi-family istri s. You typicallydon't find them In the R3 District because It's Multi-family District and they can just add another unit. Some communities do allow them in the R2 Districts but all the communities that have these or n nces allow In eir Single-family Districts. COMMISSIONER I T read her suggested change for Director Pederson that reads Proposed iio to 17.1 BU.070.C-Make it 12. DevelopmentStandards for ADU's-Mobile homes, travel tit , and recreational vehicles cannot be useds a detachedShedoesn't want to o the 2md partof that because it would be hardo enforce. COMMISSIONER PAINTERsaid would like to take public comment and movethis forward not this monthto ti I next month so the public can have moreInput. Director Pederson stated the correct procedure was to make a motion to approve, then open the public hearing to take testimony,an then if at the conclusion oft that make a motion to postpone to your January meetin . COMMISSIONER I to recommend that the Assembly of the Kodiak Island Borough rov ordinance amending KIBCChapters 17.25 (Definitions) and 17.160 (Accessory I in s), and related a to f Tie 17 (Zoning) to include the standards for accessory Ilia units in the Boroughn to specifically list accessory Ilia units as a permitted use in all residential zoning istricts, and to adopt the findings of fact listed in the to report ntere into the record for this case as'Findings of Facr for Case . Director Pederson stated we received r e additional comments today and Smithpassed them out to the commission and providedthem for the public. Close regular meeting&open public hearing: Brenda Friend stated she thinks a great Idea for Kodiak. People with older children can live affordably whit stili having their own space and mother in law units for the elderly o may not be able to live on their own or may not want to go to assisted living. They are small units or cottages we are talking about.Things in Alaska are o€ to be getting tougher and lighter with all the financial shortfalls are going to affect people, jos will be lost. state taxes are coming, 's are in the line of fire too.Who do you think this will affect themost; our youth, our elders, our local businesses. This Isn't about the haves and have nots, It's about helping others and thinkingof our community as a whole. The NIMBY's (not in my backyard ) already have properties built to their maximum allowed,they mayn businesses with heavytraffic for years and maybe paido their mortgages butthat's not all of us.There are many people that haven't done that, we have to think outside ourselves. The truth of the matter is we live on an island withlimited Ian resources.There are literally hundreds of homes not in compliance on this island '1 apartments or mother In law apartments in them. S 's been intheir homes and has seen them, Garages were 12116r2015 Page 6 of 14 P&Z Minutes Parks and Recreationi I t r 12 and... Page 113 of 122 AGENDA ITEM #18.A.I. converted to living spaces. his Issue restricting it in certain areas. the issue puts neighbors against neighbors. It's a small community and we do hear what the others say, We live on an Island in the middle of nowhere for a reason, It's Kodiak.it's our lifestyle.We need to strive to keep Kodiak strong andflexible in thought of thinking of others.and be thoughtful in your actions. Lea Kouremetis stated e and his wife have lived on Woodland Drive for over 40 years ande expressed opposition of ADU's In this subdivision which Is zoned since Its Inception. He appreciates l e commission taking the Ums to hear the public concerns about ADUs in this subdivision. They bought their property becauseof the zoning ich Is 1 acre, Single-family wit low-density designation. Many others av t there knowing what they were buying. Adding tJ's would be an Infringement of ours and others roe rights. ADU's woulddouble te density of this subdivision.The way 's are being proposedto all residential lots in the borough is far moret n a code change,it is a rezone of all residential propedles to R2 designations. If this is adopted there will be no more single-family parces in the borough and this is definitely not code change. It's realistically a zone change. s such all property owners oui e affected by this proposed rezone us be notifiedIndividually by mail.This has not happened an now the perception is that this is a misleading way to got the zone change pasthr u . The P&Z is proposing an increased density borough-wide including lots that are zoned low density.To make diversified community there needs to be a variety of property types available from RR to RRI, R1 o R2 to R3. to Industrials and so forth.Tis is why we have zones and codes to address activities allowable on different types of properties. It's unfortunate concerning the situation t Jackson's and the downtown apartment building but this does not meant at the entire Comprehensive Plan still in effect needs to be overturned and a big, sweepingreactionary move. He feels there muste a complete transparency concerning commissioners n assembly a financial interest and conflict of interest relative totheir ability to be unbiasedand objective on decisions aft is nature. He's hoping commission's decisions will be made on a fir and unbiased basis. William Deal stated this borough has needed to come up withan accessory dwellingchange for long Ume. Hewasn't aware oft the concerns of the previous speaker entio d. Deal supports this change but he lives in an R2 lot and his perspective Is that e' like o have an accessory dwelling or another unit without It having it attached to his house. It would Improve the qualityof life for whoever lives in there whether it's his family, mother In law, or another renter to be in a separate building. Hislot's big enough a just doesn't want it connected and the way the codes written now that's not alloHe's in support of any changethat gels us accessory dwellings. Judi Kidder stated there's a lot of misunderstanding thatsome citizens have missed becausethey haven't attended the meetings and some of the discussions taken place about this. She knows people who have converted ase t apartments that have the lower story s a single-family apartments. he runs the rental board on Fa book and there was a detached garage posted that's been converted o an A U and the rent on It Is Ilke $1800 a month. That's notaffordable. She doesn't see this as a zoning change; she sees it as an overlay use with a variance she thinks every single one of these needs to come before the commission to make sure they meet all the requirements so it's not just carte blanche, As eachIndividual case is considered the surrounding neighbors would have the opportunity to come give public testimony. To apply a no, we can't do It across the board is not the right fit either. Brenda Friend said it right.we need it and not In backyard shouldn't apply across the board for the wholeof Kodiak. If you have a problem with your neighbors a ress It on a case by case basis butdon't just say no one can do it. It's not appropriate. Sam ulc stated he has s3 unique situation; he's been a residential property owner for about 1 years and where he currently a lived forte last 15 years both of his neighbors have ADU dwellings. He's seen a lot of different peopleadvantage of that from pale who may have been between jobs to people that were between homes to people who have come In for temporary hunting trips. It's been a pleasant experience for him. It's important to keep setbacks in check an 1211612015 Page 7 of 14 P&Z Minutes Parks cr ion Committee RM MinutesNovember of 122 AGENDA ITEM #18.A.l. current building codes but he thinks it could positive thing for the Community and basedon that he is in support of 's. George rt sn stated he lives In an RRII lotHe's concerned bout the notification to property owners as well. It Is a big change and when peoplework and invest their money and pay borough taxes they deserve notification. This Is cane and a mailingor something ou fair. When you talk aboutgarage apartments and 25 peopleliving in a house,his concern would be the enforcement of It and we don't know the size of the apartments yet apparently.That would makea big differencetoss.We have to make sure that code would be followed hat's going in there is really is going in there and how many people can be In there. e It turns into too many people In there that someone will actually show and do something about its He could see someone el able to make retirement because theyo rent a portion of their place out. On the negative side,it's higher density. 's concerned anytime you encourage people to Invest a lot of money and you all of a sudden do a sweeping change of zoning; that's a scary situation. He's also concerned about the Home Business Use on properties, He wouldo to get notification because It is near and dear his heart, and he wouldnot want to miss that meeting, 0 that the process has restarted we need ore public output because he followed your process and it went down in a blaze of glory and now It's coming back up. He'd like to see a statement in the paper notifying h public that it's coming ck up,these are the issues.these are the order of the Issues coming,this is how we are going to go about taking it o . CHAIR T stated that we are looking for input on what the size should be for 's, the smaller e better.We take your comments to heart about advertising and that's one of the reasons we talked about having a minimum of 2 public hearings, is minimum not maximum. If we need ore discussion, whichis very possible, before it goes to the assembly. We will talk withstaff o see If there's anything we can do to get it more out there. These meetings are advertised on the borough website and In newspaper but maybe it needs to be a special ublic hearing notice that takes up a chunk of s page to get people's attention.He's open to suggestions. COMMISSIONER I told Griffingthat 2 people Is the maximumamount f people in a ADU. Roberto Tucker stated she's In favor of the A 's in Kodiak and they would be a benefit to the Kodiak community. Nell Cooper stated there are several houses novo on Woodland Drivethat have ADU's. There are many peopleh ve A 's and he thinks should be able to identify ospeople who do have A U's so My can be taxed appropriately. In support of what Brenda Friend said there's something that many people don't know and that is havingmanaged Bayview Terrace Senior Living n e started the first assisted living here and somewhat involved with the Senior Center. Most people rgoing to be appalled y Bayview"terrace Assisted Living runs $12,000 a month and it's$31.000 a month at the hospital's care center. Families have moved off the island to find a mother in law place thatthey can support arnil .This goes in conjunction it at he said arier that we need to think ut some way to release land o let these duplexes,triplexes, or whatever. Cooper doesn't think that Kouremetis is wrong. We have a mass exodus from is , how it's goingto affect people on Woodlandrive with people moving In there and all of a seedwe're going o have all at this. Like Schmitt said, U's will only allow 2 peoplewhichdoesn't do much good for Jackson's but at the same time not everyone's going to WoodlandHedoesn't se everyone putting 's on Woodlandrive but he thinks they should have tee tion. Ron Painter state 's in favor oft the f4 U's. He understands where Kourernetis is coming from and it's hard to change. He has a nice,bigrental apartment in his garage and there's a lot of young people that could e e it from is knowledge and wisdom. Tis has a lot of potential of helping many different people in a lot of different ways. It's not a silver bullet for anything or for Jackson's but there may be a few people this could benefit. If we do a multitude of things nd different options for them maybecan help some of them but he also sees this helping young people, 1211612015 Page 8 of 14 P&Z Minutes Parks r tion Committee RM Minutesr 115 of 122 AGENDA ITEM #18.A.1. When he was younghe lived In an ADU in Sells Flats that was a horse bam and he was thrilled have it because It s better than the tent he was living. Painter would like to see something tter then that for the young people; it's hard for young peopleIn this community e u rents are so expensive. Part of the problem Is the Coast Guard gives Us people something ll e $2100 a month to live on so our rents go up to meet that. With the ADU's there's good potential that because o e size and maximum of 2 people that rents would be much lower and perhaps affordable for our young people to sty here. Pointer said here he lives on Woodland Drive is zoned utwe're of RR, RR Is not supposed to have city sewer and water and we have city sewer and water.We rent even zoned properly for the code or for the Camp plan and that should be changed to the proper zoning.We are not RR,There's quite a few people, not only on our street but all over town at have AD U's and he'djust like to see them co pli n If they're in compliance It couldalso het the borough lex bass because they could be taxed properly. It's a win win for both tet x side and e people,young or old that need housing.He thanked the commission. Intl ll Wilmoth stated he's been an the Island for a little over 2 years now andIn April this year he purchased house on Woodland Drive, He does have a potential ADU In his house, which is a basement apartment that is sitting ty. He uses it for overflow storage.Theformer owner use to run a B&B out oft is space so it doesn't make sense that he has to have his space sitting empty unless he can run a SM He can't have his elderly parents stay o there who have a hard time getting up and downthe stairs. He does support ' . He was shocked howmuch the rent was when he came to Kodiak. He was just out of medical training and luckily s a physician he made enough ere he could handle the rent t he thinks ul other people that doesn't ave the financial ca a ill ies that he had. it would be a bigburden to move here and establishr f ssional careers. It can potentially be a goodrecruiting tool t0 have additional lower cost places to live. finny Shank stated she also lives on Woodland Drive.After reading h ro s amendments to the existing definitions an 's she's come to the conclusion that what you are recommending Is not a code change but a rezone. If this proposal is passed It will be effectivelyli i tinSingle- Familyresidential zoning, She asked since these amendments affect all residential zoning districts and in result change t e zoning didn't the boroughit a notice explaining it to all residential property owners? Parking, sewer, and water were addressed in the amendments but she's not sure that one additional p in spot per ADU on the propertyill be adequate r hooking up an tl to septic and water wells will preserve the quality of either of their systems. Roads. what happens to the unpaved roads that are Interrible sae now?With increased density there 'll be Increased ro which will compound the problem. Property taxes,will they Increase, o will pay for increased services? Pro values, with an ADU it may increase the value of a propertybut at about the rest of the neighborhood? It seems like the propertyvalue in the neighborhood would go down. What is affordable housing? There are many places In the amendments that mention affordable ousin Is needed but nowhere is affordable housingfn o ray lower cosi dwellings are needed and what is affordable? Sh inks more research Is needed. T e proposed changes may or may not affect the availabilityof affordablehousing,What it will Impact Is the appearance an feel of Single-family Resf ential Districts. Freedom, the freedom to use and develop our personal property seemed to be an important issu at the worksession and it was mentioned at many peoplestiff In the large publica rin s at the beginning of the year were objecting in tot y could an couldnot o h their ro fools her freedom Is in limited all n 's In a Rural Residential neighborhood. She quoted description and Intent In the code stallng the RR Zoning District is established forte purpose of providing opportunities for large lot, low densityland uses.When you buy a piece of property that Is zoned you put faithin the borough that you are investing In the future wanting to live at lifestyle. en people bought lots in our neighborhood it was already zoned.Purchasers ere very ware of what was allowed and what was not allowed, With these proposed amendments it changes everything. In the last 33 years since they built their house she has testffied at least 10 times to P&Z and the bormQh because you keep trying to change the rules. These proposed amendments wilt be taking awayher freedom toe joy Rural Residential Single-family dwelling 12116 015 Page 9 of 14 P&Z Minutes Parks c ion Commiftee RM Minutest 12 and... Page 116 f 122 AGENDA ITEM e a a neghborhood. Shedoesn't want Single-family dwellin neighborhoods to look like RTS. Considerations, she would prefer that the commission continue to develop plans for Small Lot Subdivisions Zoning ist° e Make some borough or State land availablefor auction creating smaller more affordable lots that wouldattractive to developers. Reach out tote Healthy Tomorrows Ta oro o has been workingn the housing Issue. Their first meeting was this Don't isolate your commission work from others that are working on the problem. Please make decisions to improve Kodiak. Dan 099 stated he has spent a lot of time looking at this ordinance and perhaps he hast e advantage ith having served local government on most levels. The funny thing about the ordinance is it's really not transparent because when he talked to other people, they o Idea what this ordinance does.What does this ordinance do?Many people have talked to it already but is understanding is #1 it eliminates all Single-family low-density residential zones in the whole borough. There won't be one remaining If this ordinance passes as written. It rezones all Single- family in le- a it to density residential zones into i os a ily high-density residential on s. It allowseither 2 houses on all properties or a duplex. It rezones all Two-family properties Into uftkfa ily zones, and all Mufti-family zones into Mufti-family zone plus 1. It rezones all the residential properties within the borough vAthout going through the rezoning process. without going through a Comprehensive Ian Change process. Perhaps that's why the peoplehe's spoken to 't have any notice ofwhat's going on because if yourezone something eve property affected and some people close eta personal notice telling them what Is going on. The zoning such a magnitude at it needs that kind of individual notice to e prop"owners. tt has the appearance that if you do this by code that you are making an end run around the planning rocess because you aren't noUtying everyone. The ordinance is based on a statement that ere's a growing awareness of a need for additional, affordable housin n workforce ousinOne must ask the question becauseread through it and didof find the answers to these but like them and the public deserves them. Whatis affordable housing? What is workforce housing? a Is the need for these types of housing in the Kodiak Island Borough? Has there been a study?How many requests ave there been for rezoning to R2property? It seems like out accomplish this need and If there was a need peopleold come in and say they wouldlike to a mother in law thing, can we rezone to R2 so they can accomplish it. Has there been a study on showing the need for R2 property? How manyunits are needed? Has there been an economic analysis of this issue? This is important because something of this magnitude is going to have an Impact; either positive or negative upon a property owner who have residential property. Has there been an Impact assessment n the existing infrastructure?You need to know beforeo o through such a sweeping cane what that Impact is going to be and what irs going to cost? Has there been an impact assessment on ublic services, such as sewer and water and howit's going to Impact areas in the city?There needs to be more done before this ordinance passes,The ordinance does some restrictions on the other side, It takes away people's freedoms which is Important. It removes the freedom from o i k Island to live in Single-family nei rho thatcan't be assured oft is anymore If this ordinance ass s. a°Il now be living in high-density. This ordinance tells people the minimum size of the house they'll be living in. This ordinance fells people how many people can live In a house, 2 people. That will cause an enforcement issue. It also could have the appearance that you are discriminating against people with farnifles that have more than 2 people. It also, with the recent aend ent, Is going to restrict people who live in mobile home on their property, theywon't be able to puta ditional one on their property. They are restricted from doing that or putting a travel trailer on it or a recreational vehicle. T is ordinance was rejected unanimously onl s ago by the Planning and ZoningCommission. It was brought back to the planning table July 7th. In the interest of clarity. who brought the ordinance ?There's a lot of things th t could be done, you could lock at addressing the R2 zone, a Conditional Use, a Variance, something that would givenotice tote neighborhood(i u ib ).The way this is written e just thinks it's just too broad, COMMISSIONER Al T read into the record the three comments received uri the day. 121`1612015 Pae 10 of 14 P&Z Minutes Parks ion Committee RM Minutesv ... Page 117 of 122 AGENDA ITEM #18.A.1. Ron Painter asked Director Pederson in all the people Pederson talked to down south did they have to go through a whole rezoning for everyone, did they send notices out to everyone, and if they didn't did they say why? It's Important that we understand is. Director Pederson stated he's going to address a couple of the comments a once the public hearing is closed. He understands many of the concems expressed tonight and there are similar concerns expressed In most communities that have adopted this of ordinance. In his 35 years as a professional planner he has never seen sort of thenegative impacts that peoplehave perceived about ' come toplay. "there's noempirical evidence that he's seen In any community deleterious Impact or any negative impact on propertyvalues. It is not in fact a rezoning, rezoning Is changing the boundaries of the map to districts on the map.This is a text amendment tot code. In the history of the code there are numerous ordinances where the text of uses and standards in the code have changed. o ve never required notice to all property owners. Only when you are rezoning from one district to another. The reason it's not, In his opinion, a change frorn R1 to R2 or R2 to R3 Is it's an accessoryu , Ira not allowing 2 Single- family dwelling units of any size or any number of related pt living in them or that sort of changes have spoke about. Thai's why there are limits n A 's, that's why ADU ordinances uniformly community standards vary but they have limits on them to ensure their accessory and subsidiaryo the main dwelling on the property. e can do a display ad an a°II talk to KMXT about doing a Talk of the Rock and see 9 the newspaper wants to do a story. COMMISSIONER I to postpone this case to the January 20, 2016 regular meeting. ROLL CALL VOTE ON M077ON CARRIED UNANIMOUSLY Continued 1 (Postponed fr v r 18th regular meeting.Request Preliminary v of the replatf Lots 1 thru 40, Cliff Point Estates Subdivision,vacaUng and reestablishing ass i n , and creating Lots I thru 34 and Tract , Cliff Pointivisi nD Oceanfront Addition (KIBC16.40). The applicant Is c fro Kodiak LLC and the agent is Mark Anderson. location Is Cliff Point,Milepost 14,ChInlak Highway zoning Is C-Conservation. Maker handed out Conditions of Approval that he and Mark Anderson agreed upon. Maker stated they changed the language fro cul-de-sacs to Tire apparatus to aroun s.That opens up all three types that are allowed by current building code, which Includes hammerhead, a Y, and a cul-de- sac ul®s c provided whatever easement size they create can be proven to show it supports that turnaround to E all ancillary support areas. That will cover all the requirements and it offers options that Mr.Anderson wants. COMMISSIONER SCHMITT MOVED TO AMEND Condition#2 to r "To ensure adequate rea for road andfire apparatus turn around construction, the main Cliff Point Road private road and utility a e t shall be 70' wide, and all other private road and utility easements shall be ' vide, and all Tire apparatus turn around se ents shall be capable f accommodating the improved rivin surface required the adopted firecode,Including ancillary support as." LL CALL VO TE ON MO TION TO AMEND CA RRIED1 Y COMMISSIONERI Condition to red "Prior to Final Plat approval, all roadways and fire apparatus turnarounds providin access to Lots 6 thru 12 and 1 thru 21 shall be constructed. Construction must meet the standards of Chapter 1KIBC (Standards for road improvements) and the fire apparatus acc ss road requirements of the adopted fire code. LL CALL VOTE ON MOTION1 1. COMMISSIONER CH I Condition to r d"'the Fina!Plats all dopict Tire apparatus turnaround easement centered an the southwest comer of Loi 1." 12116r2015 Page 11 of 14 P&Z Minutes Parks ion Committee RM Minutes of November 12 and... Page 118 of 122 AGENDA ITEM l. ® a ROLL CALL VOTE ON MOTIONCARRIED CONDITIONS 1° All road access easements shall be Identified s private road and utility easements and shall comply '1 the provisions of KIBC 16.40.080(Private oa s). All covenants required y KIBC 16.40.060 shall be depicted the Final Plat. To ensure adequate area for road and fire apparatus turn around construction, the main Cliff Point Roadrival road and utilityeasement shall be de, all other pdvale road and utility easements shall be 6 ' , and all fire apparatus tum aroundeasements shall be capable o accommodating the improved rivin surface required e adopted tire code, including ancillary support areas. 3. Prior to Final Plat approval, all roadways and fire apparatus turnarounds providing access to Lots 6 thru 12 and 14 thru 21 shall be constructed. Construction must meet the standards of Chapter 1 ° 0 KIBC ( n r s for road Improvements) n the Fire apparatus access road requirements o a adopted fire code, . The Final Plat shall depict a a fire apparatus to around easement centers on the southwest corner of Lot 21. 5. The 100'vAde access easement with djacent 40'vAde utility easement that runs from Chinla Highway o the sites all be identified on the Final Plat as follows: '100'wide access easement along existing road with a 40'wide utility se ent lying adjacent to the access easement(Book 108,Page 631, KodiakRecording District).' 8. The Final Plat shall depict a 25' wide utility easement that runs Ion each side of all private road and utility easements and aroundall cul- c easements within the subdivision. 7° The Final Plat shall contain a note stating that further subdivision creating lots of fess than 1 acres will require that roadways providing access to those lots be constructed to Borough standards rior to Final Plat Approval. 8. Plat notes 2,3.and 4 of Plat No. 93-35 shall be listed on the Final Plat. FINDINGS T 1. This plat meets the minimum data and design requirements of Chapter 16.40(Preliminary Plat) of the Borough code. 2. This plat meets the requirements of Title 17(Zoning)of the Borough code. 3. This plat vacates and reestablishes easements that satisfy review agency requests n the requirements of Title 1 (Subdivisions)of the Borough code. 4. This plat provides a subdivision of land that Is consistent with the adopted orou h plans and development t s for this area. 5. The adopted conditions of approval should nsure that the Final Plat meets the standards of Titles' (Subdivision)and 17(Zoning)of theBorough Code. LL CALL VOTE ON M077ON AS AMENDED CARRIEDUNANIMOUSLY BUSINESSOLD A) Discussion on amendments to Title 17 KIBC(Zoning)to establish vela e t standards for a Small Lot Subdivision Zoning District Director Pederson askedif the commission wants this to be put an for public hearing on the January agenda? CHAIR T stated it will be on the January wor session agenda. Background Information o la ne nit Developments C) "tract ® , Killarney ills Subdivision Planning Discussion®Placehol er 1211 015 Page 12 of 14 P&Z MinWes, Parks and Recreation Committee RM Minutes of November 12 and... Page 119 0f 122 AGENDA ITEM #18.A.l. NEW BUSINESS None COMMUNICATIONS A} November Planning and Zoning Commission Case Results Letters STAFF COMMISSIONER I to acknowledge receipt of communications as presented, MOTIONVOICE VOTE ON t aL REPORTS P Meeting Schedule: • January 1 ,2016 worksession at6:30pm in e KIB Conference Room • January 2 ,2016 regular meeting at6-.30pmin the Assembly Chambers Minutes ter Meetings ® October 27,2015 a s and Recreation Committee Minutes COMMISSIONER AL I to acknowledge re its as presented. VOICET CITIZEN COMMENTS Local number:486-3231 Toll Free number 2172. Limited to 3 minutes per speaker. Mark Anderson apologized for the disruption in tonight's etin he did not intend to delay the meeting. learned a lesson tonight. COMMENTSSTAFF Director Pederson stated the city maderecommendation for one of the vacant city seat an the Planning and Zoningo issio , There will be 2 newstaff joiningCommunity ev lop ent Department in January. Our planner position is being filled by Sara Mason from Juneau and To usesss will be our Code EnforcementOfficer. Pederson publicly thanked Maker for carrying more than a human's load In terms of helping to get things done during that Interim that Martin Lydick and Nell Flo 's been gone,Shelia Smith hasto pick up stuff as well. It's been a good effort staff o keep the department running, e can get to work on some of the issues that you've been wanting to work on more.Pederson wished everyone a Merry Christmas. COMMISSIONER Alan Schmitt said the concept of affordable housing options that some of the people tonight raised and the sense of what do we mean by that and he doesn'tno ndoesn't know if they can come up with ® answer to the question but it®s a really big question. e doesn't know i housing in Kodiak s ever been affordable, a moved herein 1982 at the tall end of the King Crab era In February and he couldn't find a place to live. He ended up living in a auonset hut without Indoor plumbing for 2 years in Bells Flats. At about that time the sewera ater liras were extended and all the residential areas other than Aleutian homes expanded towards Woodland Cres and Woodya Loop and beyond. Putting the infrastructure In e for rapid growth for residential housing In iak.Thirty years ago we paid for our house what an Aleutian o e were going for because there was a housing shortage then.We've come to the end of where ter and sewer Is, which is critical to putting In much more housing and kid of makingIt affordable but in some sense a subsidy from the government because the government puts in the main lines, the real estate developers would have to put In the other ones. To truly get into affordable housing you almost ve to get into the concept of subsidies of some kindfrom somebody to do it. The reason 1211612015 age 13 of 14 F 2 Minutes Parks and Recreation rttee RM Minutes of November 12 and... Page 120 of 122 AGENDA ITEM #18.A.1. 's in favor of it its because it would Ue in to existing r and water lines that we don't have to link to greatly extend or expand infrastructure. hie has some data from the U.S. Census Bureau and it goes through 2010 t nationwide the average sales price of a new home sold in the United States $273,000. Peoplearen't thinking that's affordable ousi In Kodiak but that's e nationwide average, A lot of it could be from the vanishing i Mass or the reduction. he saw data recently that the middleclass Is no longer the majority of the income demographic in the He's locking forward to working at all these other options, He wished everyone a Merry Christmas. Jay Baldwin wishedeveryone a MerryChristmas. Maria Painter wished everyone a merry Christmas, and she mentioned that we are providing affordable housing because these units are going to be small if the assembly chooses to pass this. Hopefully. that will help to facilitate the lower costs in rents because they ares all® 're not going to make everyone happy so we are goingto have some people that are going to oppose It. It's a tough decision to do but truly there are more significant positives then negatives and that's what we have to look at.This would not be with government subsidy, it's going to come out of your own pocket,the private property owner will make those y nts themselves. People will invest. Scott Arndt told Director Pederson one thing he heard tonight was doing morevertisin e realizes en the agenda Is published It's in pretty finerind He'd like to take partof that to heart and do additional advertising before our January meeting. He requested specifically a %/ page a about this. As Pederson talks with the newspaper and maybe getting an article ite up in the paper also, He'd lie to see us reach out more because e agreed coming in t® this to have at est 2 public hearings and maybe more but we need to try to get It out more to the public. He doesn't agree with a mailing to each property owner. Director Pederson said 'll certainly look at that.We are pretty tight on our advertising budget this year,we should be able to do a larger ad. Cott Arndt said 're going to be making a recommendation to the assembly and there's also public hearings at the assembly level b t we want to try to vet this just the best we can before it goes forward so he'd like to see more advertising on it. He wished everyone a Merry Christmas and happy ne year. ADJOURNMENT COMMISSIONER PAINTER to adjourn. VOICE7E ON MOTION CARRIEDUNANIMOUSLY CHAIR T adjourned the meeting at :31 p.m. KODIAK ISLAND BOROUGH PLANNINGAND ZONINGCOMMISSION m, By: e !� Scott Arndt,Chair ATTEST., By: c n Sheila Smith,Mtetary Community Development Department APPROVED::Janua 20,201 17JI612015 page 14 of 14 P&Z Minutes Parks nRecreation i i s of November 12 and... Page 121 of 122 AGENDA ITEM #18.A.1. 7Re E-CE I VE-D KODIAK ISLAND BOROUGH FES 4 216 PARKS & RECREATION COMMITTEE I MINUTES ti RO l�itlCl.-la S OFMCE It l �Ith December Regular ti P. .- r encs CALL TO ORDER CHAIR LL called to order the December 22,2015 Regular Meeting ROLL CALL Confirmed as Dale Strattont due to not havings told not to drive into town. Committee rs present was Patrickt II. Absent was Haim Johnson, Sharon Wolkoff, r { i t, and Daler Ex-officio swere Frank Peterson, Ron Bryant,Alan Schmitt, and Coreyr . quorumt established. presentStaff s Shelia Smith. ADJOURNMENT Due to a lack of quorum the meetings k.m. I: Pa ATTEST: Sheila { , lretary Community { t Department APPROVED:J Parks r iCommittee Minutes r 12 and... Page 122 of 122 Kodiak Island Borough Assembly Regular Meeting Guidelines February 18, 2016, 7:45 p.m., Borough Assembly Chambers llw3l-It11.:ASE ANNOUNCE: Please irernerriber to tairn �°3ff cringers on your cell phones o: pint tIheiurrs ors vit)irate. 1. INVOCATION Major Michael Bates of the Salvation Army. 2. PLEDGE OF ALLEGIANCE— Mayor Friend . ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly Member Frank Peterson is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. Recommended motion: Move to amend the agenda by removing item 15.A Executive Session. VOICE VOTE ON MOTION TO AMEND. VOICE VOTE ON MOTION AS AMENDED. S. APPROVAL OF MINUTES *Regular Meeting Minutes of December 17, 2015 and January 21, 2016 and Special Meeting Minutes of January 14, 2016. Kodiak Island Borough Assembly Guidelines February 18, 2016 Page 1 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202,. 131easie ask speak yrs to: 1. sii IIC in °. state their naime for tlp e (record atmtulrn ori th e rTmlir ilu of kions bef :lre spsal(,lil�,ig 7. AWARDS AND PRESENTATIONS A. Employee of the Year Award— Manager Cassidy B. Finance Department's Update to the Assembly 8. COMMITTEE REPORTS 9. PUBLIC HEARING None. 10. BOROUGH MANAGER'S REPORT 1t MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS None., 13. NEW BUSINESS A. Contracts—None. B. Resolutions Resolution No. FY2016-27 Approving the Village of Karluk and Karluk IRA Tribal Council to Participate in the FY2017 Community Revenue Sharing Program. Recommended motion: Move to adopt Resolution No. FY2016-27. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 18, 2016 Page 2 C. Ordinances for Introduction 1. Ordinance No. FY2016-13 Amending the Kodiak Island Borough Code Title 2 Administration and Personnel Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements. Recommended motion: Move to adopt Ordinance No. FY2016-13 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report—Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserving Certain Borough Lands as a Vegetative Screen, and Reserving an Amended Greenbelt Buffer Along the Common Boundary of the Monashka Bay Road Service Area and the Kodiak Island Borough Baler and Landfill. Recommended motion: Move to adopt KIB Ordinance No. FY2016-14 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Ordinance No. FY2016-15 Amending the 2008 Comprehensive Pian by Changing the Future Land Use Designation of a t 28.9 Acre Portion of Tract B, U.S. Survey 4793 From Conservation To Industrial/Light Industrial (P&Z Case No. 16-004). Recommended motion: Move to adopt Ordinance No. FY2016-15 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 18, 2016 Page 3 4. Ordinance No. FY2016-16 Rezoning a t 28.9 acre portion of Tract B, U.S. Survey 4793 From R1-Single-family Residential District To I-Industrial District (PBZ Case No. 16-009). Recommended motion: Move to adopt Ordinance No. FY2016-16 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 5. Ordinance No. FY2016-17 Amending the Kodiak Island Borough Code Title 5 Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana Businesses (Opt Out Ordinance). Recommended motion: Move to adopt Ordinance No. FY2016-17 in first reading to advance to public hearing at the next meeting of the Assembly. Staff Report—Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. D. Other Items— None. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. 11:)lIllie se ask slpleeJkleiMs to: f. slime in . state tti3Or namo for the record ', tuirn on tl[iiie b efolrc spedlldn'g Kodiak Island Borough Assembly Guidelines February 16, 2016 Page 4 15. EXECUTIVE SESSION A. Discussion of Manager Applicant's Skype Interview Results and Discussion of Those Who Should Move Forward for Final Review. Recommended motion: Move to convene into executive session to further discuss the result of the Manager Applicants Skype Interview. This subject qualifies for executive session as a matter that may tend to prejudice the applicants' reputation or character. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Borough Mayor, Assembly, and Clerk's Office Staff into executive session. ROLL CALL VOTE ON MOTION. After the vote, Mayor Friend recesses the regular meeting and convenes the executive session. Note: No action can be taken during executive session except to instruct staff. Upon returning from the executive session, Mayor Friend reconvenes the special meeting and announces: • The Assembly discussed the qualifications of applicants for the Borough Manager's Position and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION 16. ASSEMBLY MEMBERS' COMMENTS Announcements —Mayor Friend The Assembly will be holding a joint work session with the City Council on Wednesday, February 24 at 7:30 p.m. in the City Library Multi-Purpose Room. The Asembly will be holding a town meeting in Chiniak on Saturday, February 27 at 2:30 p.m. at the Chiniak School. The next Assembly work session will be held on Thursday, February 25 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday, March 3 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Guidelines February 18, 2016 Page 5 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. 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CD 0 m CA3 z 0 ............ .......... .......... ........ 3: > m 0Z M M M X r- C-) 0 ;W o m 73 0 -nm 3 -M'D 5, =r 0 M 0 3 =r 0 0 M CD Us x CL rUl w < rf) ...............111- M �3 ni m W .............. .......... . ................. z L...............t"11-1.11 .1, 01 --L--] 1--'.-1............i� =-............. ................................ ........... KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: �)) hLI/(-;.p Please F'11IRlllllllll° """11111""'" our name Please IIERIIIIIIIIII°471111""'" our name a fill W��ditgyp' I y i � ��"� I � �•�"'fwd �� i�q I� �I��e �,.�' '�4 +�,r�,r.�, �;,��,.� A SII An s a� m �, ro.. el View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At its Regular Meeting of February 18, 2016, the Kodiak Island Borough Assembly Took the Following Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, March 3, 2016, at 6:30 p.m. in the Borough Assembly Chambers. PRESENTED the Employee of the Year Award for 2015 to Ed Arellano, Maintenance Mechanic in the Engineering and Facilities Department. RECEIVED a Presentation from Finance Director Karl Short on the School District Budget. ADOPTED Resolution No. FY2016-27 Approving the Village of Karluk and Karluk IRA Tribal Council to Participate in the FY2017 Community Revenue Sharing Program. ADVANCED Ordinance No. FY2016-13 Amending the Kodiak Island Borough Code Title 2 Administration and Personnel Chapter 2.155 Kodiak Workforce Regional Advisory Council Section 2.155.060 Quorum and Voting Requirements to Public Hearing at the Next Regular Meeting of the Assembly. ADVANCED Ordinance No FY2016-14 Repealing Ordinance No. 98-06, Reserving Certain Borough Lands as a Vegetative Screen, and Reserving an Amended Greenbelt Buffer Along the Common Boundary of the Monashka Bay Road Service Area and the Kodiak Island Borough Baler and Landfill.to Public Hearing at the Next Regular Meeting of the Assembly. ADVANCED Ordinance No. FY2016-15 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of a ± 28.9 Acre Portion of Tract B, U.S. Survey 4793 From Conservation To Industrial/Light Industrial (P&Z Case No. 16-004) to Public Hearing at the Next Regular Meeting of the Assembly. ADVANCED Ordinance No. FY2016-16 Rezoning a ± 28.9 acre portion of Tract B, U.S. Survey 4793 From R1-Single-family Residential District To I-Industrial District (P&Z Case No. 16-009) to Public Hearing at the Next Regular Meeting of the Assembly. ADVANCED Ordinance No. FY2016-17 Amending the Kodiak Island Borough Code Title 5 Business Licenses and Regulations by Creating a New Chapter 5.02 Marijuana Businesses (Opt Out Ordinance) to Public Hearing at the Next Regular Meeting of the Assembly. Vol. FY2016, No. 19 February 19, 2016 Kodiak Island Borough Assembly Newsletter