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2016-07-07 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 7, 2016, 6:30 p.m., Assembly Chambers 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 5-16 A. *Regular Meeting Minutes of May 5, 2016. Regular meeting minutes of May 5, 2016 6. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 7. AWARDS AND PRESENTATIONS 17-20 A. Engineering And Facilities Department Update To The Assembly EF Update to the Assembly 2016 8. COMMITTEE REPORTS 9. PUBLIC HEARING 21 -42 A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of An 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 www.facebook.com/Kodiakislandborough@KodiakBorough www.kodiakak.us 91 Page 1 of 206 ±18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From Commercial/Business To Industrial/Light Industrial (P&Z Case No. 16-017). Ordinance No. FY2016-23 Comp Plan Lot 2, 51673 - Pdf 43-70 B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of Lot 2, U.S. Survey 1673 From B -Business District to [-Industrial District (P&Z Case No.16-018). Ordinance No. FY2016-25 Rezoning Lot 2, Survey 1673 - Pdf 71 -101 C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 1A Through 22A Seaview Subdivision, U.S. Survey 2539 Old Shipyard-Womens Bay Parcels A And B, And Lash Dock Tideland Lease From Conservation To Industrial/Light Industrial (P&Z Case No. 16-013). Ordinance No. FY2016-24 Comp Plan Amendment Old Shipyard - Pdf 102-147 D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, East Addition Subdivision FROM R2 -Two Family Residential TO R3 -Multifamily Residential (P&Z Case No. 16-012). Ordinance No. FY2016-26 Rezone Ordinance - Pdf II1�3010910c]M"IIT, G1UGT-939V JaP11 M 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 148-166 A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Professional Legal Services With Levesque Law Group, LLC For A Period Of One Year. Contract No. FY2014-10A Legal Service Extension 167-173 A.2. Contract No. FY2017-06 Providence Kodiak Island Counseling Center Of Kodiak, Alaska To Provide Mental Health Services For The 2016-2017 School Year. Contract No. FY2017-06 Providence Mental Health 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 www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak.us 91 Page 2 of 206 Services 174-179 A.3. Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rainsheet Project. Contract No. FY2017-05 Rainsheet Cover - Pdf B. Resolutions 180-182 B.I. *Resolution No. FY2017-03 AML JIA Adopting To Participate In The Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Resolution No. FY2017-03 AML JIA Loss Control Incentive Program - Pdf 183-186 B.2. Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency For The Alaska State Legislature To Take Immediate Action During The Fifth Special Session Of The 29th Legislature To Pass All Necessary Fiscal Legislation Required To Provide For A Fair, Balanced, And Sustainable State Budget. Resolution No. FY2017-04 Sustainable State Budget C. Ordinances for Introduction D. Other Items 187-193 D.1. Assembly Approval to Expand the Salvage Timber Harvest Area Per KIB Contract No. FY2016-45, Section 11 R. Expanding the Salvage Timber Harvest Area 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 194-201 A.1. Solid Waste Advisory Board Regular Meeting Minutes of May 9, 2016 and May 23, 2016; Womens Bay Service Area Board Regular Meeting Minutes of May 3, 2016. Meeting Minutes of Other Boards 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 N N facebook.com/Kodiakislandborough © @KodiakBorough w. wwkodiakak.us Page 3 of 206 B. Reports 202-206 B.1. May 2016 Other Projects Status Report, Change Order Monthly Report, and Project Budget Status Report. May 2016 Proiect Reports 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 www.facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakak.us Page 4 of 206 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting May 5, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on May 5, 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. Assembly member Dan Rohrer gave the invocation. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson Jr., Dan Rohrer, Rebecca Skinner, and Dennis Symmons. Also present were Administrative Official Bill Roberts, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. APPROVAL OF AGENDA CROW moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS' COMMENTS Judi Kidder voiced concerns regarding kids playing on a composting area at the wastewater treatment plant. She stated soil processing and blending was an industrial activity and she filed an official complaint with the Community Development Department. Bill Wren voiced concerns regarding the displaced residents of the Jackson's Mobile Home Park and advocated allowing those residents to stay on his property in Middle Bay even though it was not zoned properly. Peter Hanley spoke against Contract No. FY2016-45 stating it needed a few more provisions that needed to be incorporated in the contract. Tonva Inga and Randy Gilbert spoke against Contract No. FY2016-45 and any logging out in Chiniak. Building Official Doug Mathers encouraged the Assembly to approve the updated Uniformed Plumbing Code and National Electric Code as recommended by the Joint Building Code Review Committee (JBCRC). He further encouraged the postponement of Ordinance No. FY2016-12. Scott Arndt, co-chair of the JBCRC, recommended failing Ordinance No. FY2016-12 and stated he and John Butler were in the audience to help answer any questions. He also spoke in favor of Contract No. FY2016-45. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 1 of 12 *Regular Meeting Minutes of May 5, 2016. Page 5 of 206 AGENDA ITEM #5.A. Monique Lewis encouraged an Emergency Medical Services person be appointed to the Marijuana Task Force. Vinginia Adams encouraged the Assembly to take the time they need on the contract for timber salvage. Stephen Taufen commented on the salvage timber sale and its value. He also voiced frustrations with the Kodiak Fisheries Work Group meetings regarding public participation and the lack of data in the form of how much labor dollars. He suggested that processors provide Labor cost per major product group. John Butler spoke on Ordinance No. FY2016-12 and provided a history of the JBCRC. Womens Bay Volunteer Fire Department Dale Rice thanked the Borough Assembly and staff for the expansion to the fire station and emergency shelter. They were recently notified that the water system for the building had been approved and had an open house scheduled on Saturday, May 7, 2016 from 12 p.m. until 3 p.m. AWARDS AND PRESENTATIONS Mayor Friend proclaimed May 1 Through May 7, 2016 as Municipal Clerks Week Extending Appreciation to Borough Clerk Nova Javier, Deputy Clerk Angela MacKenzie, Assistant Clerk Laurie Pardoe, and to all municipal clerks for the vital services they perform and their exemplary dedication to the community they represent. Mayor Friend proclaimed May 21 Through May 27, 2016 as Safe Boating Week Urging Everyone who boats to "Wear It" and practice safe boating habits. Mayor Friend proclaimed the month of May 2016 as Mental Health Month and urging all citizens, government agencies, public and private institutions, businesses and schools in Kodiak to increase awareness and understanding of mental health, recommit to the steps our citizens can take to protect their mental health, and the need for appropriate and accessible services for all people with mental illnesses at all stages. Finance Director Dora Cross provided an FY2017 budget presentation. COMMITTEE REPORTS Assembly member Skinner attended the Kodiak Fisheries Work Group (KFWG) meeting yesterday and would be attending one tomorrow. The draft economic analysis report from the McDowell group was posted on the borough's website. The public can make comments regarding the report and it would be updated again shortly. Assembly member LeDoux spoke to the Borough Lands Committee identifying potential lands for disposal and would be working on policy. The intent was to work with community and land holders to increase the availability of land. PUBLIC HEARING Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 2 of 12 *Regular Meeting Minutes of May 5, 2016. Page 6 of 206 AGENDA ITEM #5.A. A. Resolution No. FY2017-01 Establishing the Minimum Amount of Funds to be Made Available From Local Sources for the Kodiak Island Borough School District for the Fiscal Year Beginning July 1, 2016 and Ending June 30, 2017. LEDOUX moved to adopt Resolution No. FY2017-01. Per KIBC, the Assembly determined the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.15.050 provides that by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. KIBC 3.35.060E provides that the property tax levy for school and municipal purposes shall be separately made and fixed. KIBC 3.60.020 provides that all motor vehicle registration taxes would be allocated to the area wide school system. At a mill rate of 7.75 mills the estimated property tax revenues for education would be $9,997,500 plus motor vehicle tax in the amount of $280,000 for a total allocation of $10,277,500. Mayor Friend opened the public hearing Superintendent of Schools Stewart McDonald thanked the Assembly for the school district funding. He recognized some confusion on the mental health contract built into the in-kind portion of the school district budget and recommended that the two bodies meet to discuss the in-kind services. Mayor Friend closed the public hearing. Assembly members LeDoux and Rohrer were both in favor of discussing in-kind services. ROHRER moved to remove lines 48-50 of Resolution No. FY2017-01. ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO ONE: Crow, LeDoux, Rohrer, Skinner, and Symmons (Ayes); Peterson (No). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Crow. B. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C -Conservation District to ]-Industrial District. ROHRER moved to adopt Ordinance No. FY2016-19. Kodiak Island Borough May 5, 2016 Assembly Regular Meeting Minutes Page 3 of 12 "Regular Meeting Minutes of May 5, 2016. Page 7 of 206 AGENDA ITEM #5.A. The rezone request followed a recent amendment of the 2008 Comprehensive Plan, which changed the Future Land Use Designation of the site from Conservation to Industrial/Light Industrial (KIB Ordinance No. FY2016-10). Now that the Future Land Use Designation had been changed, the rezone to I -Industrial was consistent with the adopted Comprehensive Plan. Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed in the I -Industrial zoning district. The Planning and Zoning Commission held a public hearing on the rezone request at their March 16, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. The Clerk's Office mailed out five public hearing notices on Friday, April 22, 2016 and none had been received by the close of business on May 5, 2016. Mayor Friend opened the public hearing. Seeing and hearing none, Mayor Friend closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Crow, and LeDoux. BOROUGH MANAGER'S REPORT Administrative Official Roberts reported on the following: • Solid Waste Advisory Board (SWAB) held a meeting last Monday and discussed the RFP for the solid waste contract. They discussed removal of roll carts in certain areas and incorporating bear -proof roll carts. • KIB received a grant to fix a number of Tsunami sirens. • The last of the metals in Larsen Bay should be removed by mid-June. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend, City of Kodiak Mayor, and the Borough and City Managers met with Senator Murkowski's staff to discuss EPA, Karluk lake, road service items, local roads, concerns with sea lions on pier one, and the incinerator fine. He reminded the public that spring cleanup was scheduled for this Saturday at 9 a.m. He noted the improvements at the Warrens Bay and Bayside Fire Halls and encouraged the public to visit the Fire Halls. UNFINISHED BUSINESS 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. The motion on the floor was to adopt Ordinance No. FY2016-12. This Ordinance was postponed from the February 4, 2016 regular meeting and was requested by Assembly member LeDoux which would amend Chapter 15.10 Building Codes of the Kodiak Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 4 of 12 *Regular Meeting Minutes of May 5, 2016. Page 8 of 206 AGENDA ITEM #5.A. Island Borough Code to add a local exception to eliminate the requirement for engineering for certain construction in the borough. Building Official Doug Mathers provided additional information which was provided in the packet regarding the Joint Building Code Review Board's discussion on the ordinance. There was direction given to staff to add language and get an attorney's opinion regarding the changes proposed. SKINNER moved to postpone to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Crow, LeDoux, and Peterson. 2. Contract No. FY2016-45 - A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. The motion on the floor was to approve Contract No. FY2016-45 a sole source contract for salvage timber sale between the Kodiak Island Borough and A-1 Timber Consultants, Inc. The contract was postponed from the April 21, 2016 Regular Meeting. Staff had prepared a draft salvage timber sale contract for consideration by the Assembly. The contract had not been reviewed by the borough attorney or risk manager at the time of submittal to the agenda. Those reviews should now be carried out concurrently with the Assembly's own review leading up to the April 21, 2016 regular meeting. The proposed contract was presented as a sole source contract with A-1 Timber Consultants, Inc., which had not been subjected to a competitive bid process. The reasoning was set forth in the attached cover memorandum and relied on the provisions of KIBC 3.30.070 Exception to bidding requirements B. The time remaining in which the Borough may realize the full value of the damaged timber was running out in terms of practical actions that must be taken to property harvest and reclaim borough lands. This had created an emergency under the KIBC 3.30.070. Exception to bidding requirements B that allowed the Assembly to avoid a competitive bid process if the delay required for compliance with bidding requirements would jeopardize the public health or welfare. SKINNER moved the previous question (to end debate). ROLL CALL VOTE ON THE PREVIOUS QUESTION MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Crow, LeDoux, Peterson, and Rohrer. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer and Skinner. Mayor Friend recessed the regular meeting at 9:20 p.m. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 5 of 12 `Regular Meeting Minutes of May 5, 2016. Page 9 of 206 AGENDA ITEM #5.A. Mayor Friend reconvened the regular meeting at 9:28 p.m. NEW BUSINESS Contracts 1. Contract No. FY2016-47 Peterson Boilers and Controls Replacement Project LEDOUX moved to authorize the Manager to execute Contract No. FY2016-47 with Wolverine Supply, Inc. of Wasilla, AK for the Peterson Boilers and Controls Replacement project in an amount not to exceed $707,000. KIBC 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. The contract was for construction of the Peterson boilers and controls replacement project, one of the bond projects approved by voters in 2014. The scope of work was removal and replacement of the existing boilers and mechanical controls system at Peterson Elementary School, as well as replacement of the boiler building roof. Design was completed by Jensen Yorba Lott, Inc. and RSA Engineering, Inc, and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on March 18, 2016, and bids were due and opened on April 12, 2016. Four bids were received. After reviewing bids, Staff had determined that Wolverine Supply of Wasilla was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. Wolverine had previously completed several projects for the Borough, including the Womens Bay Emergency Shelter, Kodiak Fisheries Research Center (KFRC) ventilation modifications, and the North Star exterior renovation. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for a 70% reimbursement by the State. The budget for construction was $835,597 and the contract was for $707,000. A copy of the current budget was attached to the packet. The work was scheduled to be completed before the start of school next fall ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer Skinner, and Symmons. 2. Contract No. FY2016-48 Peterson and Main Schools Flooring Project. SKINNER moved to authorize the Manager to execute Contract No. FY2016-48 with Wolverine Supply, Inc. of Wasilla, AK for the Peterson and Main Schools flooring project in an amount not to exceed $531,001. KIBC 3.30.020 Limitation of Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 6 of 12 `Regular Meeting Minutes of May 5, 2016. Page 10 of 206 AGENDA ITEM #5.A. The contract was for construction of the Peterson and Main Schools flooring project, one of the bond projects approved by voters in 2014. The scope of work was removal and replacement of the flooring at Peterson Elementary School and at the gymnasium at Main Elementary School. The proposed contract included award of two bid alternates: 1) removal and replacement of the gym floor at Main Elementary, instead of just refinishing the existing floor, and 2) removal and replacement of flooring at additional corridors at Peterson Elementary. Design was completed by Jensen Yorba Lott Inc. and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on March 18, 2016, and bids were due and opened on April 12, 2016. Two bids were received. After reviewing bids, Staff had determined that Wolverine Supply of Wasilla was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. Wolverine had previously completed several projects for the Borough, including the Womens Bay Emergency Shelter, KFRC ventilation modifications, and North Star exterior renovation. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for a 70% reimbursement by the State. The budget for construction was $677,915 and the contract was for $531,001. A copy of the current budget was attached to the packet. The work was scheduled to be completed before the start of school next fall ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer Skinner, Symmons, and Crow. 3. Contract No. FY2016-49 East Elementary Roof Replacement Project. SKINNER moved to authorize the Manager to execute Contract No. FY2016-49 with RPR Inc., dba Rain Proof Roofing of Anchorage, AK for the East Elementary roof replacement project in an amount not to exceed $524,800. KIBC 3.30.020 Limitation of Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. The contract was for construction of the East Elementary roof replacement project, one of the bond projects approved by voters in 2014. The scope of work was removal and replacement of roofing at East Elementary School. Design was completed by Jensen Yorba Lott Inc. and approved by the Architectural/Engineering Review Board (ARB). Originally the project was going to include removal and replacement of the steel bus canopy roof at Kodiak Middle School, but that was split into a separate project at the recommendation of the ARB. The Kodiak Middle School portion of the project was currently out for bid. An invitation to bid was issued on March 18, 2016, and bids were due and opened on April 12, 2016. Three bids were received. After reviewing bids, Staff had determined that RPR Inc., dba Rain Proof Roofing of Anchorage, AK was the lowest responsive bidder. A copy of the bid tabulation was attached to the packet. RPR had previously completed the Larsen Bay roof Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 7 of 12 'Regular Meeting Minutes of May 5, 2016. Page 11 of 206 replacement project directly for the Borough and installed all the new roofing for the Kodiak High School addition and renovation project as a subcontractor. Funding for the project came from general obligation bonds. The Alaska Department of Education and Early Development reviewed and approved the bid documents and the project was eligible for a 70% reimbursement by the State. The budget for construction was $1,111,584 and the contract was for $524,800. The total construction budget would include the Kodiak Middle School portion of the project, projected to be approximately $200,000. A copy of the current budget was attached to the packet. The work was scheduled to be completed before the start of school next fall. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer Skinner, Symmons, Crow, and LeDoux. Resolutions None. Ordinances for Introduction Ordinance No. FY2017-01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 2016 and Ending on the Thirtieth Day of June 2017 (Fiscal Year 2017 Budget). LEDOUX moved to adopt Ordinance No. FY2017-01 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance budgets for FY2017 Revenues and Expenditures for the General Fund, Special Revenue Funds, Debt Service Funds, and Enterprise Funds. The ordinance sets FY2017 mill rates and sets the tax rates for commercial aircraft. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Rohrer, Skinner, Symmons, Crow, LeDoux, and Peterson. Other Items 1. Confirmation of the Mayoral Appointment to the Solid Waste Advisory Board (Mr. Nathan Svoboda). ROHRER moved to confirm the mayoral appointment of Mr. Nathan Svoboda to the Solid Waste Advisory Board for a term to expire December 2016. There was currently one vacant at -large seat on the Solid Waste Advisory Board for a term to expire in December 2016. On April 19, 2016, the Clerk's Office received an application from Mr. Nathan Svoboda. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 8 of 12 'Regular Meeting Minutes of May 5, 2016. Page 12 of 206 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Crow, LeDoux, Peterson, and Rohrer. 2. Confirmation of the Assembly Appointments to the Mission Lake 'Tidegate" Service Area Board (Craig Johnson and Alan Wolf). ROHRER moved to confirm the Assembly Appointments of Mr. Craig Johnson for a seat to expire 2017 and Mr. Alan Wolf for a seat to expire 2018. There were currently two vacancies on the Mission Lake "Tidegate" Service Area Board for terms to expire in December 2017 and December 2018. Applications were received from the following: • Craig Johnson application received March 29, 2016 • Alan Wolf application received March 31, 2016 • Robert Hoedel application received April 4, 2016 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, and Skinner. 3. Confirmation of the Mayoral Appointments to the Marijuana Task Force. SKINNER moved to confirm the following Mayoral Appointments as follows: Seat # Seat Assignment Mayoral Appointment 1 Assembly Member Dan Rohrer (Co-chair) 2 Assembly Member Dennis Symmons 3 Medical Professional Jonathan Strong 4 Law Enforcement Detective Michael Sortor 5 Retail Business Owner Janiese Stevens 6 Marijuana Advocate Joanne Shaker 7 Member at Large Tuck Bonney (Chair) 8 Member at Large Shelly Paulson 9 Member at Large Nicholas Troxell The City of Kodiak recommended Council members Arboleda and Bishop to serve on the task force. The Kodiak Island Borough Assembly adopted Resolution No. FY2016-31 on March 17, 2016. The task force was tasked to advise the Assembly and Administration on any and all aspects, impacts, and concerns related to the legalization of marijuana. A copy of Resolution No. FY2016-31 was attached to the packet. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 9 of 12 *Regular Meeting Minutes of May 5, 2016. Page 13 of 206 AGENDA ITEM #5.A. The created membership would consist of 11 members. Applications were received from the following: • Martin Barton • Tuck Bonney • Monique Lewis (At Large Seat) • Theodore Panamarioff (At Large Seat) • Shelly Paulson • Joanne Shaker (Marijuana Advocate) • Janiese Stevens • Jonathan Strong (Medical Seat) • Nicholas A. Troxell Jr. (Marijuana Advocate or Business Seat) • Brent Watkins (ChairNice Chair/At Large) ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Peterson, Rohrer, Skinner, and Symmons. 4. Declaring a Seat on the Assembly Vacant (Assembly Member Mel Stephens). CROW moved to accept, with regret, the resignation of Assembly member Stephens from the Borough Assembly for a seat term to expire October 2016, and direct the Borough Clerk to advertise the vacancy per Borough Code. Assembly member Mel Stephens submitted his resignation from the Borough Assembly on April 25, 2016. His seat expires October 2016. Since there are more than 90 days remaining in his term, the procedures for filling vacancies per KIBC 2.25.060 will be followed. Staff asked the Assembly to accept the resignation immediately so the advertising process could begin. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Peterson, Rohrer, Skinner, Symmons, and Crow. CITIZENS' COMMENTS Judi Kidder expressed gratitude to the Clerk's Office for their assistance on various requests and commended the Borough for having its records easily accessible on the Borough's website. Public health and safety is important and it is the Borough's responsibility to fix broken processes and find solutions. Dave Masinter asked if there were any options as far as storing their mobile homes. Kent Cross appreciated the effort the Assembly and Staff had put into the decision to advance Contract No. FY2016-45. ASSEMBLY MEMBERS' COMMENTS Assembly member Crow commented on the compost pile at the Waste Water Treatment Plant. He expressed concern about people unlawfully residing on Mr. Bill Wren's property in Middle Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 10 of 12 *Regular Meeting Minutes of May 5, 2016. Page 14 of 206 AGENDA ITEM #5.A. Bay. He touched on Mr. Stephen Taufen's comments regarding Processor data request. He expressed frustration over not receiving the budget presentation in the packet to review prior to the meeting. He commented on the garbage surrounding dumpsters; thanked the Kodiak Island Borough School District for reviewing their budget needs; thanked volunteers who serve on committees; asked the community to attend and comment at meetings of the Assembly. Lastly, he thanked Kent Cross for his assistance with the burnt Chiniak timber and thanked Mel Stephens for his service on the Assembly. Assembly member Peterson commented that the land would regenerate and be beautiful once again. He also expressed that the Marijuana Task Force would be challenging and encouraged the public to comment. Assembly member Rohrer commented on challenges facing the Marijuana Task Force. He requested that the Manager look into the manufacturing of top soil that was happening at the Waste Water Treatment Plant. Assembly member Skinner encouraged the public who was interested in the borough budget to attend the next work session. She also encouraged citizens to apply for the seat on the assembly. She wished a happy Mother's day for this Sunday. Assembly member Symmons urged the residents of Chiniak to look at the timber harvest from the Assembly's perspective. He reminded the staff that it was their job to help citizens. Assembly member LeDoux wished mothers a Happy Mother's Day. He commented on the system in place being a complaint based system and the staff follows up per borough code. He commented on how filthy the dumpsters were and offered some ideas for improvement. He expressed appreciation on how the contracts were put together and presented. He expressed interest in funding a Housing Coordinator, encouraged the public to look at the Economic Impact study; mentioned that the borough should incorporate archeological surveys to be done on land disposals. He thanked Scott Arndt for serving on so many committees; commented on how hard it was to prioritize the issues. He also requested a Landfill calendar and new RFP to be put on the agenda for May 12. Announcements Mayor Friend announced the next Assembly work session would be held on Thursday, May 12, 2016 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting would be held on May 19, 2016 in the Borough Assembly Chambers. The Mayor and members of the Assembly were invited and may be in attendance of the Kodiak Archipelago Rural Regional Leadership Forum on Wednesday, May 18, 2016 at the Kodiak College. ADJOURNMENT PETERSON moved to adjourn the meeting. Kodiak Island Borough Assembly Regular Meeting Minutes May 5, 2016 Page 11 of 12 'Regular Meeting Minutes of May 5, 2016. Page 15 of 206 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Symmons, Crow, and LeDoux. The meeting was adjourned at 10:29 p.m. ATTEST: KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough May 5, 2016 Assembly Regular Meeting Minutes Page 12 of 12 'Regular Meeting Minutes of May 5, 2016. Page 16 of 206 AGENDA ITEM #7.A. KODIAK ISLAND BOROUGH DEPARTMENT of ENGINEERING and FACILITIES Robert Tucker, Director btucker@kodinkak.us DATE: June 28, 2016 TO: Borough Mayor and Assembly FROM: Robert Tucker, Director RE: Engineering and Facilities Department Update This memo is to provide an overview of the Engineering and Facilities Department, and an update of the projects and work plan for the Assembly's July 7, 2016 regular meeting. STAFFING The Engineering and Facilities Department (E/F) consists of 19.5 staff members. The Director manages one Secretary and five Supervisory positions, two of which are currently vacant. Maintenance The Maintenance Coordinator positon is currently vacant. This position coordinates the facilities maintenance crew which consists of two full time staff members, one of which operates the Fisheries Research Building and one that works on all of the other non -leased facilities the Borough owns or operates. We also have a seasonal worker that does all the grass and grounds keeping at the facilities and parks over the summer. Projects The Projects Office consists of a Project Manager/Inspector, a Construction Inspector/Engineer and a Projects Assistant. The Projects Office is responsible for administering projects at Borough owned facilities. Solid Waste/Landfill/Treatment Plant The Solid Waste Manager/Environmental Specialist position is currently vacant. This position supervises both the landfill and the treatment plant in addition to any other environmental issues that may come up. This position has been advertised since February with no qualified applicants as of this date. The Landfill Supervisor has six staff members, one Baler II Operator and four Baler I Operators. We also in the process of hiring a Baler Attendant for the new Scale Shack. Engineering And Facilities Department Update To The Assembly Page 17 of 206 AGENDA ITEM #7.A. The Leachate Treatment Plant Supervisor will have one staff member, an Operator in Training. We are currently in the hiring process. KFRC/Interpretive Specialists There are two Interpretive Specialists coordinate the use of public spaces at the Kodiak Fisheries Research Facilities, including use agreements for the available spaces, and manages the tours of the seawater aquariums and touch tanks. Code Enforcement The Code Enforcement Officer is a shared position with the Community Development Department. The Code Enforcement Officer takes care of any Garbage or health related code enforcement for our department. As you can see the Engineering and Facilities Department is a very busy department. The following are just a few of the many things we have going on. OPERATIONS Borough Wide Safety The Borough is currently implementing a new training program to ensure that the Borough can stay in compliance with all of the safety rules and regulations. This new program can set the required training for each individuals needs and remind them automatically if they are behind in their training. The program not only has all the required training within its own library for the employee to access, it also has a tool kit to help the Borough stay on top of key required programs needed to keep current with the rules and regulations. KFRC The visiting scientist apartments have been getting a facelift. The brush has been removed from the backside of the facility and the building is now mostly pressure washed. We . continue to adhere to a rigorous preventive maintenance program for the Fisheries Research Facility as it is crucial to the scientific work being accomplished within the facility. Borough Building and other facilities maintenance The Borough Building landscaping has been completed around the facility. The Borough Buildings data collection for the preventive maintenance program is almost complete and the hope is for it to be online later this year. The Borough maintenance staff along with the grounds keeper has been instrumental in a lot of the work in the field completed in the parks this year. Baler and Leachate Treatment Plant The Three Year Landfill and Leachate Treatment Plant Operational Activities / Facilities / Equipment Plan are being implemented for year two. ADEC Guidelines for our Construction and Demolition (C&D) footprint and our ADEC approval for Petroleum Contaminated Soils (PCS) will be first on our list. We are also working on RFP's for the new equipment needed at the Baler facility to include a new loader for the landfill operation, flatbed truck for the leachate treatment plant, and a high capacity forklift to be used in both locations. The projects for the Baler Facility have been moving forward with the adoption of the budget. The tipping floor repairs have been completed. The scale shack has been purchased. The quotes for the installation of the scale shack are underway. Engineering And Facilities Department Update To The Assembly Page 18 of 206 AGENDA ITEM #7.A. Design is underway to replace the roof of the Baler Building which has not been replaced since the building was originally constructed. The roof leaks badly and is overdue for replacement. Jensen Yorba Lott has begun preliminary design for this project, and it is staffs goal to complete the work during this year's building season. PROJECTS Below are updates on some of the projects currently underway Kodiak High School Addition and Renovation The majority of work on the Kodiak High School Addition and Renovation is now complete, with nine of the ten project phases reaching completion. The remaining phase includes exterior siding at the existing school areas housing the shop classroom wing and new school district offices which was completed in April 2016, and final landscaping, which is almost complete. Landfill Lateral Expansion The Landfill Lateral Expansion is a multi -phase project designed to provide an additional 40 years of use for the landfill, as well as meeting recent regulatory changes. Phase 3, construction of the new Leachate Treatment Plant, was completed in April 2016. While the majority of constriction is complete, staff is proceeding with installation of a rain sheet for the new landfill cell as presented to the Assembly on March 10, 2016. The rain sheet will divert rain water from the treatment plant saving operational costs. A bid package for installation of the rain sheet was issued in May 2016, bids were received on June 14, and staff will be asking Assembly approval for a contract on July 7. Fire Protection No. 1 Emergency Generator KIB received an Alaska Legislative Grant in 2012 to provide an emergency power generator and switch gear and the Bayside Fire Station. In addition, the fire protection Area No. I Board agreed to provides funds to help complete the project. The generator and switch gear have been procured installation of a new concrete pad for the generator began in June. The generator should be installed by the end of July. Borough Parks Thanks to the hard work of the Projects Office the park projects are underway Otmeloi: The old wooden playground equipment has been removed for safety reasons. Two new play structures have been ordered for the Park and should be installed in the very near future. The park has been cleaned up and the brush removed to open up the park and make the activities in the park more open and inviting. The new basketball poles and backboards have already arrived and have been installed. Court lines will follow once all the other work is completed in the park. Panamaroff Park: Brush has been removed from Panamaroff Park basketball court and a new off road parking area has been added. Court lines will follow once all of the other work is completed in the park. Topsoil and hydroseed has been spread at the main park area. Engineering And Facilities Department Update To The Assembly Page 19 of 206 AGENDA ITEM #7.A. CIAP Grant Village Metals KIB received a Coastal Impact Grant to remove metals and other environmental cleanups. To date this program has removed the following tonnage of metals from the villages. Akhiok 83 tons removed two flat beds and two open tops ready Karluk 140 tons removed Larsen Bay 852 tons removed Old Harbor 233 tons removed one boat load remains to be removed Ouzinkie 9 tons removed 119 bales made ready for transport Port Lions 342 bales made ready for transport Total removed 1,317 tons or 2,634,000 pounds The remaining bales and containers are scheduled to be removed by the end of the summer 2016. Other Completed Projects in FY2016 Anton Larsen Dock Replacement Baler Tipping Floor Repairs Four School Generators Lake Orbin Culvert Replacement Womens Bay Fire Hall Emergency Shelter Addition Engineering And Facilities Department Update To The Assembly Page 20 of 206 AGENDA ITEM O.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7. 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of An ±18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From Commercial/Business To Industrial/Light Industrial (P&Z Case No. 16-017), ORIGINATOR: Sara Mason FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: This request is to amend the 2008 Comprehensive Plan Future Land Use Designation of the site (Green Mountain Pit) from Commercial/Business to Industrial/Light Industrial (P&Z Case No. 16-017). A Comprehensive Plan amendment is a necessary prerequisite to rezone the subject lot from B - Business to I -Industrial. If 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 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 this amendment request at their May 18, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the amendment. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-23. Kodiak Island Borough Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 21 of 206 AGENDA ITEM #9-A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 22 of 206 Introduced by: Borough Manager Requested by: Planning and Zoning Commission I Drafted by: Community Development 2 Department 3 Introduced: 08116/2016 4 Public Hearing: 07/07/2016 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-23 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING THE 2008 COMPREHENSIVE LAND USE I1 PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION OF AN:l: 12 18.24 ACRE PORTION OF LOT 2, U.S. SURVEY 1673 FROM 13 COMMERCIAL/BUSINESS TO INDUSTRIALILIGHT INDUSTRIAL (PBZ 14 CASE NO. 16-017) 15 16 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 17 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 18 Statutes; and 19 20 WHEREAS, in accordance with AS 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 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 Plan; 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 from the Silex 35 LLC to amend the 2008 Comprehensive Plan by changing the future land use designation 36 of a t 18.24 acre portion of Lot 2, U.S. Survey 1673; and 37 38 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 39 Code 17.205.040, the Commission considered the merits of the Comprehensive Plan and 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 lot be changed finding that the 44 public necessity, convenience, general welfare, and good zoning practice would be 45 enhanced by such action; and 46 47 WHEREAS, the Commission hereby recommends that this amendment be reviewed and 48 approved by the Borough Assembly. Kodiak Island Borough, Alaska Ordinance No. FY2016-23 Page 1 of 2 Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 22 of 206 AGENDA ITEM O.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 23 of 206 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. 54 55 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of a t 18.24 56 acre portion of Lot 2, U.S. Survey 1673 is hereby changed from 57 Commercial/Business to Industrial/Light Industrial. 58 59 60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 61 THIS DAY OF 2016 62 63 KODIAK ISLAND BOROUGH 64 65 66 67 Jerrol Friend, Borough Mayor 68 ATTEST: 69 70 71 72 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-23 Page 2 of 2 Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 23 of 206 AGENDA ITEM #9.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 24 of 206 Kodiak Island Borough " * - Community Development Department 710 Mill Bay Road i ) Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us May 19, 2016 Mr, Mark Anderson Sllex LLC 2705 Mill Bay Road Kodiak, AK 99615 Re: Case 16-017. Request a Comprehensive Plan amendment to change the Future Land Use Designation of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from Commercial/Business to Industrial/Light Industrial (KIBC 17.205). Dear Mr. Anderson: The Kodiak Island Borough Planning & Zoning Commission at their meeting an May 18, 2016 moved to forward the request cited above, recommending approval, to the Borough Assembly. 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 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 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. The commission adopted the following findings of fact in support of their recommendation to the assembly: Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 24 of 206 AGENDA ITEM #9.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 25 of 206 FINDINGS OF FACT 1. The subject parcel Is in close proximity to properties with a Future Land Use Designation of Industrial/Light Industrial. 2. The subject parcel is of sufficient area and is capable of providing suitable building sites for a range of Industrial uses. 3. The amendment is not in conflict with the goals and objectives of the 2008 Comprehensive Plan. 4. The amendment is necessary to allow for a subsequent rezone from B -Business to I - industrial. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. 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 of the commission, please contact the Community Development Department at 486-9363. Sinnccceerrreelmy1, Robert H. Pederson,AICP Director, Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 25 of 206 i1TV14J .ZIWrr4,W • ;I Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 26 of 206 Image Overlay Request: A Comprehensive Plan Amendment to change Case No. 16-017 Applicant: Silex LLC the Future Land Use Designation of a t 16.24 acre portion Agent: Mark Anderson of Lot 2, U.S. Survey 1673 from Commercial/Business to Industrial/Light Industrial (KIBC 17.205) • Y t r: I a�>• 1 4414. • .- . [all Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 26 of 206 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P 3 Z REGULAR MEETINGMAY 18, 2018 KIB Location & Zoning Map WI 15 Case No. 1&017 the �F.tLll L-.hd Use ;nsive Plan Amendment to change.. Applicant: Silex LLC Lot 2, U.S. Survey of 1673 from Commencial/Business toAgent: Mark Anderson IndustriallLight Industrial (KIISC y .N°QPe i O Legend / Subject Parcel Zoning Legend Public Use Lands Q Rural Residential 1 = Multi Family Residential Light Industrial Q Watershed ® Rural Residential 2 E0 Business Q Rural Neighborhood Commercial CI, Conservation Single Family Residential Q Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial Natural Use KRemx Islene aorwga GIs M1np//µvnvxWleMk.uflph l9a7l eae8]] 7 Community Dovolopment Department �iM1amW bPoN^slb Momuv�mi ryvipnm y v46MImNMIu Yvq^tropmwmaanm. =_>= A6e^f Roeas �Unwnvmnoa RIM or W^ys Case No. 115-0171ntmduciian Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 27 of 206 AGENDA ITEM #9.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 28 of 206 PUBLIC HEARING ITEM 7-8 P a Z REGULAR MEETING: MAY 18, 2016 *.... STAFF REPORT AND RECOMMENDATION CASE No. 16-017. A Comprehensive Plan amendment to change the Future Land Use Designation of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from Commercial/Business to Industrial/Light Industrial (KIBC 17.205). DATE: May 5, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 16-017 APPLICANT: Silex LLC at al I Agent: Mark Anderson LOCATION: NHN W Rezanof or (Green Mountain Gravel Pit) LEGAL DSC: USS 1673, Portion of Lot 2 Gibson Cove ZONING: B -Business FUTURE LAND USE DESIGNATION: Commercial/Business NOTICE: Five (5) public hearing notices were mailed on March 30, 2016. Zero (0) public hearing notices were returned as of the date this report was prepared. SITE VISIT: None 1. Zoning History: • Zoned C -Conservation by the 1966 Kodiak Metropolitan Zoning Map - • Zoned B -Business by Ordinance No. 77-11-0 2. Site Size: t 18.24 acres 3. Existing Land Use: Commercial 4. Surrounding Land Use andZoning: • North of W Rezanof Dr: Vacant land zoned C -Conservation • South of W Rezanof Dr: I -Industrial zoned land, either vacant or supporting industrial or business uses 5. Comprehensive Plan: • Not addressed by the 1968 Comprehensive Plan • Designated CommerciallBusiness 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 fanning) as well as low-density residential use and other uses such as lodges. 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: Case No. 16-017 Stan Report and Re=nrne tdalton Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 28 of 206 AGENDA ITEM O.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 29 of 206 PUBLIC HEARING ITEM 7-8 P 8 Z REGULAR MEETING: MAY ia, 2078q g O � ALASKA 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 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 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 Initialing party, within 10 days, files a written statement with the clerk requesting that the commission's action be up by the assembly. STAFF ANALYSIS This Future Land Use Designation change is being requested by Silex LLC as a precursor to a rezone of this property (Case No. 16-018). The subject parcel is designated Commerclal/Buslness In the 2008 Comprehensive Plan and Is the only property with this designation In the immediate area. Industrial uses have been in place for many years in the Gibson Cove area and changing the Future Land Use Designation of this property will not conflict with other uses in the area. The nearest properties supporting residential uses are approximately one mile east on W Rezanof Drive. CURRENT USE AND ZONING The subject parcel is zoned B -Business and is currently operating developed as an outdoor storage site with a temporary office trailer and two accessory buildings (used by ADOTBPF for slide project). Other properties in the area are zoned C -Conservation and I -Industrial. RECENT DEVELOPMENT TRENDS IN THE AREA Development in the Immediate area has been south of W Rezanof Drive and has been Industrial or business in nature. Adjacent lots zoned C-Conservatlon are currently vacant. COMPREHENSIVE PLAN CONSISTENCY Casa No. 16-017 Staff Repon and Recommendation Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 29 of 206 AGENDA ITEM O.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 30 of 206 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MAY 19, 2016 Y_ � 5 4"X O -i ALASKA The proposed amendment Is consistent with the following goals and policies of the adopted 2008 Comprehensive Plan: • Land Use Goal., 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 zoning, buffeting, design standards, and other means. • Economic Goal., Regulate land uses to protect industrial uses and minimize conflicts with adjacent uses. • Policy., Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffeting, design standards and other means. 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. RECOMMENDATION Staff recommends that the Commission forward this Comprehensive Plan amendment 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 Comprehensive Plan amendment to change the Future Land Use Designation of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from Conservation to Industrial/Light 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. 16.017. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The subject parcel is In close proximity to properties with a Future Land Use Designation of Industrial/Light Industrial. 2. The subject parcel Is of sufficient area and is capable of providing suitable building sites for a range of Industrial uses. 3. The amendment Is not in conflict with the goals and objectives of the 2008 Comprehensive Plan. 4. The amendment Is necessary to allow for a subsequent rezone from B -Business to I - Industrial. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Case Na. 16.017 Staff Report and Recommendation Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 30 of 206 AGENDA ITEM #9.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 31 of 206 PUBLIC HEARING ITEM 7.8 P 6 Z REGULAR MEETING: MAY 18, 2018 Introduced by: KIB Manager Requested by: PBZ Commission I Drafted by: CDD Introduced: xx/xx/xloa 2 Public Hewing: xdsxboxx 3 Adopted: xx/xx/xxxx 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2016-xx 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH AMENDING THE 2008 COMPREHENSIVE LAND USE 10 PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION OF AN ± 11 18.24 ACRE PORTION OF LOT 2, U.S. SURVEY 1673 FROM 12 COMMERCIAL/BUSINESS TO INDUSTRIAL/LIGHT INDUSTRIAL (PBZ 13 CASE NO. 16.017) 14 15 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes; and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace 21 the 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) In 24 accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; 25 and 26 27 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, 28 convenience, general welfare or good zoning practice requires, the assembly may, by 29 ordinance and after report thereon by the commission and public hearing as required by 30 law, amend, supplement, modify, repeal or otherwise change these regulations and the 31 boundaries of the districts"; and 32 33 WHEREAS, The Planning and Zoning Commission received a request from the Sllex 34 LLC to amend the 2008 Comprehensive Plan by changing the future land use designation 35 of a ± 18.24 acre portion of Lot 2, U.S. Survey 1673; and 36 37 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 38 Code 17.205.040, the Commission considered the merits of the Comprehensive Plan and 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 lot be changed finding that the 43 public necessity, convenience, general welfare, and good zoning practice would be 44 enhanced by such action; and 45 46 WHEREAS, the Commission hereby recommends that this amendment be reviewed and 47 approved by the Borough Assembly. 48 Kodiak Island Borough, Alaska Ordinance No. FY2015-m Case No. 18-017 Btafl Repod and Remmmendatlon Page 1 of 2 Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 31 of 206 AGENDA ITEM #9.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 32 of 206 PUBLIC HEARING ITEM T -B P 8 Z REGULAR MEETING: MAY 18. 2016 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. 54 55 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of a t 18.24 56 acre portion of Lot 2, U.S. Survey 1673 is hereby changed from 57 Commercial/Business to Industrial/Light Industrial. 58 59 60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 61 THIS DAY OF 2016 62 63 KODIAK ISLAND BOROUGH 64 65 66 67 Jerrol Friend, Borough Mayor 68 ATTEST: 69 70 71 72 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-xx Case N. 16.017 Stan Report and Rammm.nd!Micn Page 2 of 2 Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 32 of 206 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P a Z REGULAR MEETING'. MAY 19, 2016 Kodiak Island Borough Print Forth Submit by Email CommunityDevelopment Department II IIIIIII VIII I III 710 1OMillMIII Bay Rd.Rm 205 Kodiak AK99615 Ph.(907)486-9362 Fax(907)486.9396 httalAvww.kodlakak.us 17229 PROP 10 17229 Application for Rezone KIBC 17.205 10 Ct>nP'1I At l oA0)4- The following Inormation 11 Mfupp�u' I In nlZ Property Owner Applicant: SILEXLLC etas Mailing Address: 2705 MIII Bay Rd Kodiak AK 9%15 Phone Number•. 907-486-3215 Other Contact email, etc.: MarkAndersonLagd.net Legal Description: Subdr. USS 1673 PTN of Lot 2 Block Lot: Street Address: NHNW Reranaf Dr A. CUIEKIrFLLA; kv 1u4srE19L Current Zoning: Business KIBC 1790 Proposed Zoning; Industrial KIBC 17.105 Applicable Comprehensive Plan: A. Kodiak Island Comprehensive Plan Update 2008 Explanation of the need 8, Justification for a change or amendment of mning: Owners request a rezone from Business to Industdal. All parcels across the street are currently zoned Industrial. A successful request will allow owners to use the property for Industrial purposes In an area far away from residential use. Even though the property Is bordered by conservatlan coned land owned by the State of Alaska, It Is not likely that this property will ever be developed for residential use due to the steep topography and difficult access. A rezone creates Industrial property adjacent to Industrial property across the road In the Gibson Cove area. All parcels In the Gibson Cove area are zoned Industrial. The goal for this property Is to eventually move the concrete batch plant to this location, thereby moving Industry out of a business/ commercial zone with the Intent or removing Industrial use to allow commercial, retail, office and possible residential use. This Fits the comprehensive plan by creating use that is compatible with the present inning. Continued on reverse Case No. 16017Appliralion Package Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 33 of 206 AGENDA ITEM O.A. PUBLIC HEARING ITEM 7-B P 3 Z REGULAR MEETING: MAY 18. 7016 Explanation of the effect such a change or amendment would have on the objectives tithe applicable comprehensive plain No negative impact of the comprehensive plan is anticipated as a result of this rezone. The proposed use is more compatible with industrial property. The rezone has a very real Indirect benefit to the comprehensive plan. When the batch plant is re -located, a grand -fathered non -conforming use will be replaced by a conforming use. This long term goal Is beneficial to the borough comp plan. Owners are presently reviewing options that may Include residential use at the old vacated batch plant site. An Increase In affordable housing Is a direct benefit to the comp plan. Date: 3 Signature: /// o� CDD Staff Certification Date: Payment Verification CDD Staff. 4109- KIBC 17.205.030 Manner of initiation. Changes In this title may be Initiated In the following manner. A. The assembly upon Its own motion: B. The commission upon Its own motion: C. By petition: Less than 1.75 acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: Case No. 16017 Application Package Building F Walveroffee C a r Waiver of fee PAR) l r" F- A � V $350.00 tr r $750.00 MAR 2 g 2016 IR $l,00D.ae r -s1,,,,. IAK ISLAND BOROUGH INANCE DEPARTMENT Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 34 of 206 rr�aarW ERM, Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 35 of 206 PUBLIC HEARING ITEM T -B P B Z REGULAR MEETING. MAY 18, 2016 PAYMENT DATE Kodiak Island Borough BATCH NO. 03/2912016 710 MIII Bay Rd. 2016-00000343 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2016-00000866 RECEIVED FROM CASHIER SILEX LLC Cashier DESCRIPTION APPLICATION FOR REZONE AND COMP PLAN AMENDMENT - USS 1673 PTN OF LOT 2 Othercr Misc Other or Miscellaneous $1,000.00 Payments: Type Detail Amount Check 2032 $11DG0.00 Total Amount: $1,000.00 Customer Copy Case No. 16017 Application Package Printad lout Calthinr Patin 1 of 1 03129/2018 O1:OR:n3 PM Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 35 of 206 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MAY 18. 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 oxymkodiakak.us A public hearing will be held on Wednesday, May 18, 2016. The meeting will begin at 6:30 p.m. in the (Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if env, on the following request: CASE: 16-017 APPLICANT: Silex LLC AGENT: Mark Anderson REQUEST: A Comprehensive Plan amendment to change the Future Land Use Designation of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from Commercial/Business to Industrial/Light Industrial (KIBC 17.205). LOCATION: NHN Rezanof Drive West (Green Mountain Grovel Pit) ZONING: B -Business This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by -5 nm. Tuesduv. hlav 3. 2016 m ho r... rrd by the commission. Ifyou would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to mmith,rt kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The tall Gee telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, May 11, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (0121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. - Your Name: Monte, Addris : Your property description: Connotes: Case No. 16417 Public Comment Package Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 36 of 206 AGENDA ITEM #9.A. PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING'. MAY 10. 2016 Case 16-017 Request a Comprehensive Plan amendment to Location change the Future Land Use Designation of NHN Rezanof Drive West a ± 18.24 acre portion of Lot 2, U.S. Survey (Green Mountain Gravel Pit) 1673 from Commercial/Business to Applicant Silex LLC Industrial/Light Industrial (KIBC 17.205). gg 7R �p Mv�wl um b Oy.Jnww"^ Cppruximam Location n .ae i West Ruz nom. c O�rv� 4�0 96 Tom Sol�jntl -�ppa0y//H ��1 y Public Hearing Notice Lject y root o5u6Jed Parcel E o "'�-� 0 1.150 Z`1 4.600 LF— O Nolifcall6n Area Noolnk lalnnE aomupfi 615 Community Davelopmnn.1Gcpm cm .... Pccen poem rliw m^P i.o- eroivm 1mJ Mlpalwwx.koeleYniuY9n I94D �6691a] vny ntl Mnol lnenmllor enylryel ge m.. L. . I U—il—nd Rquolway. Case No. 16-617 Public Comment Package Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 37 of 206 AGENDA ITEM #:. Ordinance No. FYs,saAmending The z8Comprehensive P�n. Page 5y2o \ : \ f / { ) / | \E}\Z (0 0 r§!a \§ ; ;§§ Ordinance No. FYs,saAmending The z8Comprehensive P�n. Page 5y2o AGENDA ITEM #9.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 39 of 206 PUBLIC HEARING ITEM 7.8 P 8 Z REGULAR MEETING. MAY 18, 2016 *RR* Kodiak Island Borough R# A a Community Development Department e� 710 Mill Bay Road Room 205 4 Mrd. Kodiak, Alaska 99615 �` Phone(907)486-9363 Fax(907) 486-9396 r- www.kodinkak.us March 31, 2016 Mr. Mark Anderson Silex LLC 2705 Mill Bay Road Kodiak, AK 99615 Re: Case 16-017. Request a Land Use Designation of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from Commercial'Busirims to Industrial/Light Industrial (KIBC 17.205). Dear Mr. Anderson: Please he advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 18, 2016 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, May 11, 2016 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries creases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such inflammation in person. Please contact the Community Development Department at 486.9363 if we can answer any outstanding questions or provide additional information. in advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department Case No. 16.017 Public Comment Package Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 39 of 206 AGENDA ITEM #9.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 40 of 206 COMMISSIONER PAINTER MOVED to postpone Case No. S16-003 to the November 16, 2016 Planning and Zoning Commission regular meeting. Open public hearing: None Close public hearing: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE 16.017. Request a Comprehensive Plan amendment to change the Future Land Use Designation of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from Commercial/Business to Industrial/Light Industrial (KIBC 17.205). The applicant Is Silex LLC and the agent Is Mark Anderson. The location Is NHN Rezanof Drive West (Green Mountain Gravel Pit). The zoning Is B -Business. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of a f 18.24 acre portion of Lot 2, U.S. Survey 1673 from Conservation to Industrial/Light Industrial (KIBC 17.205) and to adopt the findings of fact listed in the staff report entered into the record for this rase as "Findings of Fact" for Case No. 16-017. Sara Masan reported this future land use designation change is requested as a precursor to the rezone of the property. The subject parcel is currently designated Commercial/Business in the 2008 Comp Plan and is the only property in the area that has this designation. Everything else is either Conservation or Industrial/Light Industrial. Industrial uses have been in place for many years in the Gibson Cove area and changing the future Land Use Designation of this property to Industrial/Light Industrial does not conflict with the other uses in the area. The subject parcel is zoned Business and is currently operating as an outdoor storage site with a couple of temporary buildings and office trailer for DOT and accessory buildings while they are working on the slide project. The other properties in the area are zoned Conservation and Industrial. Development in the area is all Industrial or Business in nature and the adjacent lots that are zoned Conservation are vacant. This request is consistant with land use and economic goals in the Comp Plan. Staff recommends forwarding this request to the assembly with a recommendation for approval. During a brief discussion there was consensus on approving. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The subject parcel is in close proximity to properties with a Future Land Use Designation of Industrial/Light Industrial. 2. The subject parcel is of sufficient area and is capable of providing suitable building sites for a range of industrial uses. 3. The amendment is not in conflict with the goals and objectives of the 2008 Comprehensive Plan. 4. The amendment is necessary to allow for a subsequent rezone from B -Business to ]-Industrial. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 16-018. Request a Rezone of a t 18.24 acre portion Lot 2, U.S. Survey 1673 from 13 - Business to I -Industrial (KIBC 17.205). The applicant is Silex LLC and the agent is Mark Anderson. The location is NHN Rezanof Drive West (Green Mountain Gravel Pit) and the zoning is B -Business. Kodiak Island Borough Planning 8 Zoning Commission Minutes May 18, 2016 Page 2 of 10 Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 40 of 206 AGENDA ITEM #9.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 41 of 206 R R Kodiak Island Borough R * R Community Development Department R R R 710 Mill Bay Road Kodiak, Alaska 99615 ' I Phone (907) 486.9363 Fax (907) 486-9396 14 4 www.kodiakak.us May 19, 2016 Mr. Mark Anderson Sllex LLC 2705 Mill Bay Road Kodiak, AK 99615 Re: Case 16.017. Request a Comprehensive Plan amendment to change the Future Land Use Designation of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from Commercial/Business to Industrial/Light Industrial (KIBC 17.205). Dear Mr. Anderson: The Kodiak Island Borough Planning & Zoning Commission at their meeting on May 18, 2016 moved to forward the request cited above, recommending approval, to the Borough Assembly. 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 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 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. The commission adopted the following findings of fact in support of their recommendation to the assembly: Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 41 of 206 AGENDA ITEM #9.A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 42 of 206 FINDINGS OF FACT 1. The subject parcel is In close proximity to properties with a Future Land Use Designation of Industrial/Llght Industrial. 2. The subject parcel is of sufficient area and is capable of providing suitable building sites for a range of industrial uses. 3. The amendment Is not In conflict with the goals and objectives of the 2008 Comprehensive Plan. 4. The amendment is necessary to allow for a subsequent rezone from B -Business to (- Industrial. S. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. 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 of the commission, please contact the Community Development Department at 486-9363. Sincerely, Rohert H. P AICP Director, Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 42 of 206 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7. 2016 r ASSEMBLY REGULAR MEETING t.. TITLE: Ordinance No. FY2016-25 Rezoning an t 18.24 Acre Portion of Lot 2, U.S. Survey 1673 From B -Business District to 1 -Industrial District (P&Z Case No. 16- 018). ORIGINATOR: Sara Mason FISCAL IMPACT: No FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This rezone request follows a request to amend the 2008 Comprehensive Plan, changing the Future Land Use Designation of the site (Green Mountain Pit) from Commercial/Business to Industrial/Light Industrial (KIB Ordinance No. FY2016-23). Upon finalization of Ordinance No. FY2016-23, the rezone to I -Industrial will be consistent with the adopted Comprehensive Plan. Should the rezone be approved, the owners could then seek permits to establish any permitted or conditional use allowed in the I -Industrial zoning district. The Planning and Zoning Commission held a public hearing on this amendment request at their May 18, 2016 regular meeting. The Commission voted unanimously to recommend that the Assembly approve the rezone. The Clerk's Office mailed out five public hearing notices on Friday, June 17, 2016. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-25. Kodiak Island Borough Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of... Page 43 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 44 of 206 Introduced by: Borough Manager Requested by: Planning and Zoning 1 Commisslon Drafted by: Community Development 2 Department 3 Introduced: 06/1612016 4 Public Hearing: 0 7107/2 01 8 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-25 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING A t 18.24 ACRE PORTION OF LOT 2, U.S. II SURVEY 1673 FROM B -BUSINESS DISTRICT TO I -INDUSTRIAL 12 DISTRICT (PBZ CASE NO. 16-018) 13 14 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 IS WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 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 23 accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; 24 and 25 26 WHEREAS, KISC 17.205.010 provides that "Whenever the public necessity, 27 convenience, general welfare or good zoning practice requires, the assembly may, by 28 ordinance and after report thereon by the commission and public hearing as required by 29 law, amend, supplement, modify, repeal or otherwise change these regulations and the 30 boundaries of the districts"; and 31 32 WHEREAS, The Planning and Zoning Commission received a request from Silex LLC to 33 rezone a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from B -Business District to I- 34 Industrial District; and 35 36 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 37 Code 17.205.040, the Commission considered the merits of the rezone request; and 38 39 WHEREAS, the Commission voted to recommend to the Borough Assembly that the site 40 be rezoned from B -Business to 1 -Industrial finding that the public necessity, convenience, 41 general welfare, and good zoning practice would be enhanced by such action; and 42 43 WHEREAS, the Commission hereby recommends that this amendment be reviewed and 44 approved by the Borough Assembly. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 47 BOROUGH that: 48 Kodiak Island Borough, Alaska Ordinance No. FY2016-25 Page 1 of 2 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 44 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of... Page 45 of 206 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 Code of Ordinances. 51 52 Section 2: A ± 18.24 acre portion of Lot 2, U.S. Survey 1673, as shown in attached 53 Exhibit A, is hereby rezoned from B -Business District to I -Industrial District. 54 55 56 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 57 THIS DAY OF 2016 58 59 KODIAK ISLAND BOROUGH 60 61 62 63 Jerrol Friend, Borough Mayor 64 ATTEST: 65 66 67 68 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-25 Page 2 of 2 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of... Page 45 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 46 of 206 Kodiak Island Borough Office of the Borough Clerk ' 710 Mill Bay Road 1( `fir' Kodiak, Alaska 99615 A Phone(907)486-9310 Fax(907)486-9391 clerks(@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday. July 7. 2016, at 5:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2016-25 Rezoning A t 18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From B - Business District To I -Industrial District (P&Z Case No. 16.018). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerksOkodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on July 7, 2016. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2016-25 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 46 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 47 of 206 Ordinance No. FY2016-25 Rezoning A t 18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From B- Buslness District To (-Industrial District (P8Z Case No. 16-018). W G� aaW �c��.on�+Jae✓`4• S/ yL O Legend Subject Parcel Zoning Legend Q Public Use Lands 0 Rural Residental 1 0 Multi Family Residential - Light Industrial ® Watershed ® Rural Resdentol2 ® Business Q Rural Neighborhood Commercial i� Cohs tion Single Family Residential i Retat Business Urban Neighborhood Commercial Q Rural Resdental Two Family Residential ® Industrial Natural Use Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 47 of 206 AGENDA ITEM O.B. PUBLIC HEARING FORM Ordinance No. FY2016-25 Rezoning A± 18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From B - Business District To I -Industrial District (P&Z Case No. 16-018). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerks(pkodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on Thursday. July 7, 2016. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 48 of 206 AGENDA ITEM #9.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 49 of 206 Introduced by: Borough Manager Requested by; Planning and Zoning Commission I Drafted by Community Development 2 Department 3 Introduced: 06/18/2018 4 Public Hearing: 07/072018 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-25 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING A ± 18.24 ACRE PORTION OF LOT 2, U.S. 11 SURVEY 1673 FROM B -BUSINESS DISTRICT TO 1 -INDUSTRIAL 12 DISTRICT (PBZ CASE NO. 16-018) 13 14 WHEREAS, as a second class borough, the Kodiak Island Borough exercises 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 6, 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 23 accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; 24 and 25 26 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, 27 convenience, general welfare or good zoning practice requires, the assembly may, by 28 ordinance and after report thereon by the commission and public hearing as required by 29 law, amend, supplement, modify, repeal or otherwise change these regulations and the 30 boundaries of the districts"; and 31 32 WHEREAS, The Planning and Zoning Commission received a request from Silex LLC to 33 rezone a ± 18.24 acre portion of Lot 2, U.S. Survey 1673 from B -Business District to I- 34 Industrial District; and 35 36 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 37 Code 17.205.040, the Commission considered the merits of the rezone request; and 38 39 WHEREAS, the Commission voted to recommend to the Borough Assembly that the site 40 be rezoned from B -Business to I -Industrial finding that the public necessity, convenience, 41 general welfare, and good zoning practice would be enhanced by such action; and 42 43 WHEREAS, the Commission hereby recommends that this amendment be reviewed and 44 approved by the Borough Assembly. 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 47 BOROUGH that: 48 Kodiak Island Borough, Alaska Ordinance No. FY2018-25 Page 1 of 2 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 49 of 206 AGENDA ITEM #9.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 50 of 206 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 Code of Ordinances. 51 52 Section 2: A t 18.24 acre portion of Lot 2, U.S. Survey 1673, as shown in attached 53 Exhibit A, is hereby rezoned from B -Business District to I -Industrial District. 54 55 56 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 57 THIS DAY OF 2016 58 59 KODIAK ISLAND BOROUGH 60 61 62 63 Jerrol Friend, Borough Mayor 64 ATTEST: 65 66 67 68 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-25 Page 2 of 2 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 50 of 206 AGENDA ITEM #9.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 51 of 206 n IJ m m m m m m d H� G Q Q Q Q Q l'J l'J Q 6 V 16 6 Q I � ZQ ❑ y O ZQ b ti h' Q k Ji 3 0 u 0 e e n � e o o � p > 2 Q 2 Q 2 = O m dl H a iin a n ry o z_ Y Q Y � a Y F O W 6 d x O J E o c o < W Q Q p Q V 2 v1 N E 0 c` N Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 51 of 206 AGENDA ITEM O.B. PUBLIC HEARING ITEM 7-C P B Z REGULAR MEETING: MAY 18. 2019 N KIB Location & Zoning Map PI! Bee No. 16-018 S. Sumey 1673 from B-Buslnese to I-Inclustrial gent: Mark Anderson O i �"`� Legend f, � Subject Parcel Zoning Legend Public Use Lends Rural Residential t Multi Family Residential ® Light Industrial Q Watershed Rural Residential 2 Q Business Q Rural Neighborhood Commercial Conservation O Single Family Residential 0 Retail Business Urban Neighborhood Commercial 0 Rural Residential Tm Family Residential Q Industrial Natural Use K-1.4 lHantl BoroupM1 019 Community OeVeopment Department mrmadmMvury --=p¢eaa RoaOa _ IMP:llvnvw. kWlakek.ua�gvs",7)tae-9337 ,p mmd,df mly.nd I. nd IManp.Cler my bp.l nvnurNdena. my "d m 1 UnCOnaVUCieE RIM of Wa}9 Case No. 16-DIBIntroduction Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of... Page 52 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 53 of 206 PUBLIC HEARING ITEM RC P 82 REGULAR MEETINGMAY 16, 2016 `1 ti KIB Image Overlay Map WI. 01 PER xx WN d I C , •f. 8 Ima a Overlay Legend ,.. w tet=( E Subject Parcel R Kodiak Island Borough GIS Community 0avalopment�0epartmonl hd,1 '/P�'.koalaknk.ueigis 111495 9331 IM1e m•P n na.2. br mwm onRp.pw o ym a of m.nae mr env kN•I,uPnwheem.. Case No 16-0161n1m6udion Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 53 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 54 of 206 N PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MAY 18, 2018 C�d g !"Al STAFF REPORT AND RECOMMENDATION CASE No. 16-018. A Rezone of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from B- Buslness to (-Industrial (KIBC 17.205). DATE: May 5, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 16-018 APPLICANT: Silex LLC at al / Agent: Mark Anderson LOCATION: NHN W Rezanof Dr (Green Mountain Gravel Pit) LEGAL DSC: USS 1673, Portion of Lot 2 Gibson Cove ZONING: B -Business FUTURE LAND USE DESIGNATION: Commerclal/Buslness NOTICE: Five (5) public hearing notices were malled on March 30, 2016. Zero (0) public hearing notices were returned as of the dale this report was prepared. SITE VISIT: None 1. Zoning History: • Zoned C -Conservation by the 1966 Kodiak Metropolitan Zoning Map • Zoned B -Business by Ordinance No. 77-11-0 2. Site Size: t 18.24 acres 3. Existing Land Use: Commercial 4. Surrounding Land Use and Zoning: • North of W Rezanof Or: Vacant land zoned C -Conservation • South of W Rezanof Or: I -Industrial zoned land, either vacant or supporting industrial or business uses 5. Comprehensive Plan: • Not addressed by the 1968 Comprehensive Plan • Designated Commercial/Business 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 fanning) as well as low-density residential use and other uses such as lodges. Industrial/Llght 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). Case No. 1 6-01 8 Staff Report and Recanmendation Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 54 of 206 AGENDA ITEM #9.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 55 of 206 p PUBLIC HEARING ITEM 7-C P a Z REGULAR MEETING: MAY 19, 2016 Y < P,a 0 Y ninGHA In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and chances). 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 chances) 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 Is a request to rezone this site from B -Business to I -Industrial. This action follows a request to amend the 2006 Comprehensive Plan, changing the Future Land Use Designation of the site from Commercial/Business to Industrial/Light Industrial (Case No. 16-017). With this change in Future Land Use Designation, a rezone to I -Industrial will be consistent with the adopted Comprehensive Plan. CURRENT USE AND ZONING The subject parcel Is zoned B -Business and Is currently developed as an outdoor storage site with a temporary office trailer and two accessory buildings (used by ADOTBPF for slide project). Other properties in the area are zoned C -Conservation and (-Industrial. RECENT DEVELOPMENT TRENDS IN THE AREA Development In the Immediate area has been south of W Rezanof Drive and has been Industrial or business in nature. Adjacent lots zoned C -Conservation are currently vacant. COMPREHENSIVE PLAN GUIDANCE FOR IDENTIFYING NEW INDUSTRIAL LOCATIONS The adopted Comprehensive Plan states that "in assessing the need and most appropriate locations for new Industrial land, consider the following factors": Case No. 16-019 Staff Report and Recommandation Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 55 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 56 of 206 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MAY 18, 2019 � va 0 e'� 4LG9NY 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 to specific economic sectors, Including a realistic assessment of their potential within the KIS. • Staff Analvsis: 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. Kodiak's remoteness and economic reliance on Industrial activity ensure that industrial properties will remain in demand for activities such as asphalt mixing and boat repair. 2. Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. • Staff Analysis, The lot is served by an established arterial roadway (W Rezanof Drive) that Is capable of supporting traffic generated by the full range of industrial uses. Lots south of W Rezanof Drive are served by City of Kodiak water and sewer systems. This system could be expanded to provide these utilities to the subject lot to support both business and Industrial uses. 3. Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. • Staff Analysis: The lot is surrounded on all sides by C -Conservation zoned land north of W Rezanof Drive. Due to the steep topography and difficult access, It is unlikely that the lands abutting this parcel will be developed for residential or other conflicting uses. It should be noted that a gravel extraction CUP was approved (Case No. 15-011) and gravel extraction site zoning compliance has been Issued for the state-owned parcel to the southwest. Land to the south of W Rezanof Drive is zoned I -Industrial and has been used for industrial activities for several decades. 4. Parcel size, topography and other site characteristics as they relate to the requirements of businesses In anticipated growth industries. • Staff Analysis: The lot is of sufficient area, Is adequately buffered (Case No. 15-001 Screening Review), and provides suitable building sites for a range of Industrial uses. Performance standards listed in KIBC 17.105.060 should ensure there are no negative Impacts resulting from future Industrial development. COMPREHENSIVE PLAN CONSISTENCY The proposed amendment is consistent with the following goals and policies of the adopted 2008 Comprehensive Plan: • Land Use Goal: 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 Ca•e No. 1M19 Staff Report and Remmmendabon Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 56 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of... Page 57 of 206 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MAY 18, 2016 Y a 8 Ii 0 FL4BNY zoning, buffeting, design standards, and other means. • Economic Goal: Regulate land uses to protect industrial uses and minimize conflicts with adjacent uses. • Policy., Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffeting, design standards and other means. 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. RECOMMENDATION Staff recommends that 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 t 18.24 acre portion of Lot 2, U.S. Survey 1873 from B -Business to I - 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. 16-018. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The subject parcel is of sufficient area and is capable of providing suitable building sites for a range of Industrial uses. The I -Industrial zoning performance standards listed in KIBC 17.105.060 should ensure that there are no negative Impacts with future Industrial development. 2. The amendment is not in conflict with the goals and objectives of the 200B Comprehensive Plan. 3. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for Identifying new industrial locations. 4. The subject parcel Is adjacent to I -Industrial zoned land and uses. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No. 16-018 Staff Report and Recommendation Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of... Page 57 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 58 of 206 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: MAY 18, 2016 Introduced by: KIB Manager Requested by: PBZ Commission Drafted by: CDD Introduced: xx/xx/xxxx 2 Public Hearing: xx/xx/xxxx 3 Adopted: xx/xx/xxxx 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2016-xx 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH REZONING A ± 18.24 ACRE PORTION OF LOT 2, U.S. 10 SURVEY 1673 FROM B -BUSINESS DISTRICT TO I -INDUSTRIAL I I DISTRICT (PBZ CASE NO. 16-018) 12 13 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 14 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 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 22 accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; 23 and 24 25 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, 26 convenience, general welfare or good zoning practice requires, the assembly may, by 27 ordinance and after report thereon by the commission and public hearing as required by 28 law, amend, supplement, modify, repeal or otherwise change these regulations and the 29 boundaries of the districts"; and 30 31 WHEREAS, The Planning and Zoning Commission received a request from Silex LLC to 32 rezone a ± 18.24 acre portion of Lot 2, U.S. Survey 1673 from B -Business District to I- 33 Industrial District; and 34 35 WHEREAS, at an advertised public hearing, Consistent with Kodiak Island Borough 36 Code 17.205.040, the Commission considered the merits of the rezone request; and 37 38 WHEREAS, the Commission voted to recommend to the Borough Assembly that the site 39 be rezoned from B -Business to I -Industrial finding that the public necessity, convenience, 40 general welfare, and good zoning practice would be enhanced by such action; and 41 42 WHEREAS, the Commission hereby recommends that this amendment be reviewed and 43 approved by the Borough Assembly. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH that: 47 48 Section 1: This ordinance is not of a general and permanent nature and shall not 49 become a part of the Kodiak Island Borough Code of Ordinances. Kodiak Island Borough, Alaska Ordinance No. FY2016-xx Case No. 16-018 staff Report and Recommendation Page 1 of 2 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 58 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 59 of 206 PUBLIC HEARING ITEM 7-C P a Z REGULAR MEETING'. MAY 18, 3016 50 51 Section 2: A ± 18.24 acre portion of Lot 2, U.S. Survey 1673, as shown in attached 52 Exhibit A, is hereby rezoned from B -Business District to I -Industrial District. 53 54 55 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 56 THIS DAY OF 2016 57 58 KODIAK ISLAND BOROUGH 59 60 61 62 Jerrol Friend, Borough Mayor 63 ATTEST: 64 65 66 67 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-xx Case No. 18-018 Staff Report and Recommendation Page 2 of 2 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 59 of 206 AGENDA ITEM O.B. PUBLIC HEARING ITEM 7-C P &Z REGULAR MEETING: MAY 18, 2616 Kodiak Island Borough PIInt Form Subihkhy Email Community Development Department I IIIIIIIIIIIIII VIII 716 MITI Bay Rd.Rm 205 Kodiak AK 99615 Ph. (907) 486.9362 Fax 1907) 486.9396 1T`L9 hnpMgww,kodIakak,ui PROP -11) 17229 Application for Rezone KIBC 17.205 hkfl��k1 RMfuflurE�rr �11� niZ The following in rmadon is to suppl yt A kant Property Owner/ Applicant: SILEXLLC at at Mailing Address: 2705 MITI Bay Rd Kodiak, AK 9%15 Phone Number. 907-486-3215 Other Contact emall,etu MarkAndersrnif9cimet Legal Description: Subdv. USS 1673 PIN of Lot 2 Block: Lot Street Address: NHN W Rezanof Or CL19KI r Fwfj:It,+) vsfewl Current Zoning: Business KIBC 1790 Proposed Zoning: Industrial KIBC 17.105 Applicable Comprehensive Plan: A. Kodiak Island Comprehensive Plan Update 2008 Explanation of the need &Justification for a change or amendment of zoning: Owners request a rezone from Business to industrial. All parcels acrossthe street are currently zoned Industrial. A successful request will allow owners to use the property forindustrial purposes In an area far away from residential use. Even though the property Is bordered by conservation zoned land owned by the State of Alaska, it Is not likely that this property will ever be developed for residential use due to the steep topography and difficult access. A rezone creates Industrial property ad)acent to Industrial property across the road In the Gibson Cove area. All parcels in the Gibson Cove area are zoned industrial. The goal for this property Is to eventually move the concrete batch plant to this lootlon, thereby moving Industry out of a business / commercial zone with the Intent of removing Industrial use to allow commercial, retail, office and possible residential use This fits the comprehensive plan by creating use that is compatible with the present zoning. ontinued on reverse Case No. 16-168 Application Package Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 60 of 206 AGENDA ITEM O.B. PUBLIC HEARING ITEM 7-C P a Z REGULAR MEETING'. MAY 18, 2016 Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: No negative Impact of the comprehensive plan is anticipated as a result of this rezone. The proposed use Is more compatible with Industrial property. The rezone has a very real Indirect benefit to the comprehensive plan. When the batch plant is relocated, a grand -fathered non -conforming use will be replaced by a conforming use. This long tens goal is beneficial to the borough camp plan. Owners are presently reviewing options that may Include residential use at the old vacated batch plant site. An Increase in affordable housing Is a direct benefit to the comp plan. Date: 3-49-11, CDD Staff Certification Signature: /// Date: 1,q /ijnli _ CDDStaff: Payment Verification Fee Payable In Cashlees KIBC 17.205.030 Manner of Initiation. Changes In this title may be Initiated In the following manner. A. The assembly upon In own motion: B. The commission upon Its own motion: C. By petitlom Less than 1.75 acres 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: Case No, 16108 App4catan Package of Borough Building i F- Walveroffee Cha F- Walveroffee ®��® r- $350.00 U F S75000 MAR 2 0 2016 D; 51.00o.00 DIA NISLAND BOROUGH F- sl.soo.�INANCEDEPARTMENT Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 61 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of... Page 62 of 206 PUBLIC HEARING ITEM 7-C P B Z REGULAR MEETING: MAY ie, 2018 PAYMENT DATE Kodiak Island Borough BATCH NO. 03/2912016 710 Mill Bay Rd. 201MO000343 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2016.00000866 RECEIVED FROM CASHIER SILEX LLC Cashier DESCRIPTION APPLICATION FOR REZONE AND COMP PLAN AMENDMENT - USS 1673 PTN OF LOT 2 .. Other or Misc Other or Miscellaneous $1,000.00 Payments: 'type Detail Amount Check 2032 Ei. Total Amount: $1,000.00 Customer Copy Case No. 16-109 Application Package Printed by Cachiar Pana t or 1 0312912016 01 DR -113 PM Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of... Page 62 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 63 of 206 PUBLIC HEARING ITEM 7L P & Z REGULAR MEETING: MAY 16, 2016 AA Kodiak Island Borough F� A a Community Development Department N 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us March 31, 2016 Mr. Mark Anderson Silex LLC 2705 Mill Bay Road Kodiak, AK 99615 Re: Case 16-018. Request a Rezone or a t 18.24 acre portion Lot 2. U.S. Survey 1673 from B - Business to I-hldustrial(KIBC 17.205). Dear Mr. Anderson: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 18, 2016 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, May 11. 2016 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries or cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session Is net for the purpose of receiving public testimony. Applicants who wish to present testimony and/or 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 486.9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, (&r-tLi/ Sheila Smith, Secretory Community Development Department Case No. 1E0113 Public Comment Package Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 63 of 206 AGENDA ITEM #9.B. PUBLIC HEARING ITEM 7-C P Is 2 REGULAR MEETING'. MAY 18, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Aluka 99615 (907)486-9363 ww. kodiakak. us A public hearing will be held on Wednesday, May 18, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear Comments if raw. on the following request: CASE: 16-018 APPLICANT: Silex LLC AGENT: Mark Anderson REQUEST: A Rezone of a t 18.24 acre portion Lot 2, U.S. Survey 1673 from B -Business to I -Industrial (KIBC 17.205). LOCATION: NHN Rumor Drive West (Green Mountain Gravel Pit) ZONING: B -Business This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments nu:st he rttekvil In 5 nm. Tuesday- )lav 3. 2016 to he ronsidered be the commission. If you would like to fax your comments to us, our fax number is. (907) 486-9396, or you may email your comments to ssmulU?I odixkak. its If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855492-9202. One week prior to the regular meeting, on Wednesday, May 11, 2016, a work session will be held at 6'.30 p.m. in the Kodiak Island Bomugh Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision an this request. If you have any questions about the request or your appeal rights, please feel free to callus at 486.9363. Your Name: Mutant, Address: Your property dneription: Cnmmentr: Case No. 18-018 Public Comment Parheae Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 64 of 206 AGENDA ITEM #9.B. PUBLIC HEARING ITEM ]-C P 8 Z REGULAR MEETING'. MAY 16, 2016 Case 16-018 Request a Rezone of a ± 18.24 acre portion Location Lot 2, U.S. Survey 1673 from B -Business to NHN Rezanof Drive West I -Industrial (KIBC 17.205). (Green Mountain Gravel Pit) Applicant Silex LLC Ira AI aJny+`°a 9� Approximate Location sy�es ylcs\ Ruza��c OINO Sys r� Tom Sv\N+jn .,�poaa ae JZ1�y�, Public Hearing Notice Subject Parcel rem 0 1,1s9 2990 4.6oe µ, E O Notification Area Moelaklslen°fiorougn Is Community eovolopmentn©mtment .... PccavRoam 1the—,. plwmaJcnJ Rnp//\mw.koElo4akuYgn 406 9337 l..tr myara nwak...YYginepvminim jUmmU ouwd RVI of Ways Case No. 16-016 Public Comment Patina, Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 65 of 206 AGENDA ITEM #gE Ordinance No. R216-25R=mg _!,&24Acre eAny. 5p 66 @2BB |[ �E■■!! \\ ,, ();#■( | ) | | § \ ( °) 2k)kk( �k6k to )|§;2§ \§ Ordinance No. R216-25R=mg _!,&24Acre eAny. 5p 66 @2BB AGENDA ITEM #9.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 67 of 206 COMMISSIONER PAINTER MOVED to postpone Case No. Sf6-003 to the November 16, 2016 Planning and Zoning Commission regular meeting. Open public hearing: None Close public hearing: ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B. CASE 16-017. Request a Comprehensive Plan amendment to change the Future Land Use Designation of a ± 18.24 acre portion of Lot 2, U.S. Survey 1673 from Commercial/Business to Industrial/Light Industrial (KIBC 17.205). The applicant is Silex LLC and the agent is Mark Anderson. The location is NHN Rezanof Drive West (Green Mountain Gravel Pit). The zoning is B -Business. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of a ± 18.24 acre portion of Lot 2, U.S. Survey 1673 from Conservation to Industrial/Light Industrial (KIBC 17.205) and to adopt the findings of fad listed in the staff report entered Into the record for this case as "Findings of Fact" for Case No. 16-017. Sara Mason reported this future land use designation change Is requested as a precursor to the rezone of the property. The subject parcel is currently designated Commerclal/Business in the 2008 Comp Plan and is the only properly in the area that has this designation. Everything else is either Conservation or Industrial/Light Industrial. Industrial uses have been in place for many years in the Gibson Cove area and changing the future Land Use Designation of this property to Industrial/Light Industrial does not conflict with the other uses In the area. The subject parcel is zoned Business and is currently operating as an outdoor storage site with a couple of temporary buildings and office trailer for DOT and accessory buildings while they are working on the slide project. The other properties in the area are zoned Conservation and Industrial. Development In the area is all Industrial or Business in nature and the adjacent lots that are zoned Conservation are vacant. This request is consistent with land use and economic goals In the Comp Plan. Staff recommends forwarding this request to the assembly with a recommendation for approval. During a brief discussion there was consensus on approving. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The subject parcel is in close proximity to properties with a Future Land Use Designation of Industrial/Light Industrial. 2. The subject parcel is of sufficient area and is capable of providing suitable building sites for a range of Industrial uses. 3. The amendment is not in conflict with the goals and objectives of the 2008 Comprehensive Plan. 4. The amendment is necessary to allow for a subsequent rezone from B -Business to I -Industrial. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 16-018. Request a Rezone of a ± 18.24 acre portion Lot 2, U.S. Survey 1673 from B - Business to I -Industrial (KIBC 17.205). The applicant Is Silex LLC and the agent is Mark Anderson. The location Is NHN Rezanof Drive West (Green Mountain Gravel Pit) and the zoning Is B -Business. Kodiak island Borough Planning S Zoning Commission Minutes May 18, 2016 Page 2 of to Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 67 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 68 of 206 COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of a t 18.24 acre portion of Lot 2, U.S. Survey 1673 from B -Business to (- Industrial (KIBC 17.205) and to adopt the findings of fad listed in the staff report entered into the record for this rase as "Findings of Fact" for Case No. 16-018. Mason reported this request follows the request to amend the 2008 Comp Plan changing the future land use designation from Commercial/Business to Induslrial/Ught Industrial. With this change and Future Land Use Designation a rezone to Industrial would be consistent with the Comp Plan. It's currently zoned Business and is used for outdoor storage with temporary office trailer and accessory buildings used by DOT. Staff recommends forwarding this request to the assembly with a recommendation for approval. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The subject parcel is of sufficient area and is capable of providing suitable building sites for a range of Industrial uses. The 1 -Industrial zoning performance standards listed in KIBC 17.105.060 should ensure that there are no negative Impacts with future industrial development. 2. The amendment is not in conflict with the goals and objectives of the 2008 Comprehensive Plan. 3. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for Identifying new industrial locations. 4. The subject parcel is adjacent to I -Industrial zoned land and uses. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D. CASE 16-007. Request an ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to Include development standards for accessory dwelling units In the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: • 17.50 (C -Conservation District) • 17.60 (RR2-Rural Residential Two District) • 17.65 (RR -Rural Residential District) • 17.70 (RR1-Rural Residential One District) • 17.75 (R1 -Single-family Residential District) • 17.80 (R2 -Two-family Residential District The applicant is the Kodiak Island Borough. The location Is borough -wide and the zoning is certain Residential zoning districts. Motion on the Table from the January 20, 2016 regular meeting was: COMMISSIONER SCHMITT MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings), and related Chapters of Title 17 (Zoning) to Include the standards for accessory dwelling units In the Borough and to specifically list accessory dwelling units as a permitted use in all residential zoning districts, 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. 16-007. MOTION TO AMEND approved at the January 20, 2016 regular meeting was: COMMISSIONER SCHMITT MOVED TO AMEND by substitution the attached ordinance amending Chapter 17.25 KIBC Definitions and 17.160 Accessory Buildings and related Chapters of Title 17 Zoning to Include development standards for accessory dwelling units in the borough. Kodiak Island Borough Planning 8 Zoning Commission Minutes May 18, 2015 Page 3 of 10 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 68 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 69 of 206 Kodiak Island Borough * n * Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax (907) 486.9396 www.kodlakak.us May 19, 2016 Mr. Mark Anderson Silex LLC 2705 Mill Bay Road Kodiak, AK 99615 Re: Case 16-018. Request a rezone of a ± 18.24 acre portion Lot 2, U.S. Survey 1673 from B - Business to I -Industrial (KIBC 17.205). Dear Mr. Anderson: The Kodiak Island Borough Planning & Zoning Commission at their meeting on May 18, 2016 moved to forward the request cited above, recommending approval, to the Borough Assembly. 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 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 he 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 he taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 69 of 206 AGENDA ITEM O.B. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 70 of 206 FINDINGS OF FACT 1. The subject parcel is of sufficient area and Is capable of providing suitable building sites for a range of Industrial uses. The i -Industrial zoning performance standards listed in KIBC 17.105.060 should ensure that there are no negative Impacts with future industrial development. 2. The amendment Is not in conflict with the goals and objectives of the 2008 Comprehensive Plan. 3. The rezone is consistent with the adopted 2008 Comprehensive Plan Industrial/Light Industrial Future Land Use Designation and plan guidance for Identifying new industrial locations. 4. The subject parcel is adjacent to I -Industrial zoned land and uses. S. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. 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 of the commission, please contact the Community Development Department at 486-9363. Sincerely, Robert H.hedrslon,P Director, Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 70 of 206 AGENDA ITEM O.C. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2016 ASSEMBLY REGULAR MEETING oe` TITLE: Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 1A Through 22A Seaview Subdivision, U.S. Survey 2539 Old Shipyard-Womens Bay Parcels A And B, And Lash Dock Tideland Lease From Conservation To Industrial/Light Industrial (P&Z Case No. 16-013). ORIGINATOR: Sara Mason FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: This request is made by the Kodiak Island Borough Community Development Department to correct a mapping error in the 2008 Comprehensive Plan. The parcels have a Future Land Use Designation of Conservation in the plan. Prior to adoption of the 2008 Comprehensive Plan, the future land use of the area was deignaled Industrial, per Ordinance No. 81-8-0. The area was zoned I -Industrial by Ordinance No. 81-9-0. Staff believes that the identification of these parcels as having a Future Land Use Designation of Conservation was an administrative oversight, and that amending the adopted 2008 Comprehensive Plan maps is necessary. The Planning and Zoning Commission held a public hearing on this amendment request at their March 16, 2016 regular meeting. The Commission voted 5-1 to recommend that the Assembly approve the amendment. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-24. Kodiak Island Borough Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 71 of 206 AGENDA ITEM #9.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 72 of 206 Introduced by: Borough Manager Requested by: Planning and Zoning Commlesion Drafted by: Community Development 2 Department 3 Introduced: 06118/2016 4 Public Hearing: 07/072016 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-24 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH AMENDING THE 2008 COMPREHENSIVE LAND USE 11 PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION OF 12 LOTS 1A THROUGH 22A SEAVIEW SUBDIVISION, U.S. SURVEY 13 2539 OLD SHIPYARD-WOMANS BAY PARCELS A AND B, AND LASH 14 DOCK TIDELAND LEASE FROM CONSERVATION TO 15 INDUSTRIALILIGHT INDUSTRIAL (P&Z CASE NO. 16-013) 16 17 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 18 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 19 Statutes; and 20 21 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 22 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace 23 the 1968 Comprehensive Plan; and 24 25 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in 26 accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; 27 and 28 29 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, 30 convenience, general welfare or good zoning practice requires, the assembly may, by 31 ordinance and after report thereon by the commission and public hearing as required by 32 law, amend, supplement, modify, repeal or otherwise change these regulations and the 33 boundaries of the districts"; and 34 35 WHEREAS, The Planning and Zoning Commission received a request from the 36 Community Development Department to amend the 2008 Comprehensive Plan by 37 changing the future land use designation of Lots 1A through 22A, Seaview Subdivision, 38 USS 2539 Old Shipyard-Womans Bay Parcels A and B, and Lash Dock Tideland Lease; 39 and 40 41 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 42 Code 17.205.040, the Commission considered the merits of the Comprehensive Plan and 43 amendment request; and 44 45 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 46 Comprehensive Plan Future Land Use Designation of these lots be changed finding that 47 the public necessity, convenience, general welfare, and good zoning practice would be 48 enhanced by such action; and 49 Kodiak Island Borough, Alaska Ordinance No. FY2016-24 Page 1 of 2 Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 72 of 206 AGENDA ITEM #9. C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 73 of 206 50 WHEREAS, the Commission hereby recommends that this amendment be reviewed and 51 approved by the Borough Assembly. 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 54 BOROUGH that: 55 56 Section 1: This ordinance is not of a general and permanent nature and shall not 57 become a part of the Kodiak Island Borough Code of Ordinances. 58 59 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lots 1A 60 through 22A, Seaview Subdivision, USS 2539 Old Shipyard-Womans Bay 61 Parcels A and B, and Lash Dock Tideland Lease is hereby changed from 62 Conservation to Industrial/Light Industrial. 63 64 65 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 66 THIS DAY OF 2016 67 68 KODIAK ISLAND BOROUGH 69 70 71 72 Jerrol Friend, Borough Mayor 73 ATTEST: 74 75 76 77 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-24 Page 2 of 2 Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 73 of 206 AGENDA ITEM O.C. PUBLIC HEARING ITEM 7-E P 6 Z REGULAR MEETING: MARCH 18, 2018 KIB Location & Zoning Map 11 . DesignationLocation and Zoning Request: A hensive Plan Amendment to change the Case No. 16-013 Future Land Use Applicant: Kodiak Island Borough Dock d' nN Av �O �o !i r e d/�/ Subject Parcels i Zoning Legend Public Use Lands Rural Residential 1 Q Multi Family Residential - Light Industrial Q Watershed Rural Residential Business O Rural Neighborhood Commercial CI Conservation Single Family Residential Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial Natural Use aotlLFlalmtl aamupe Ola Communhy 0avalopment Geparlmenl rea-n!!.,e.dV �.—d1aFawm=.n ma Acosta Road. lull, /M kWlekek.uavis(907) 406337 Wv.ndnnwimmMd'_as's'saa 40ma UmmnaVugeE Rgkl.1 Wry, Case No. 18-0131nlroduClon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 74 of 206 AGENDA ITEM #9. C. PUBLIC HEARING REM 7-E P & 2 REGULAR MEETING: MARCH 10, 2018 Casa No. 16.0131ntmCuotion Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 75 of 206 AGENDA ITEM #9. C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 76 of 206 po vim\ PUBLIC HEARING ITEM 7-E '-- P 8 Z REGULAR MEETING: MARCH 16, 2016 4r _Q 81 1;Asrcn STAFF REPORT AND RECOMMENDATION CASE No. 16.013. A Comprehensive Plan amendment to change the Future Land Use Designation of Seaview Subdivision, USS 2539 Parcels A and B, and Lash Dock Tideland Lease from Conservation to Industrial/Light Industrial (KIBC 17.205). DATE: March 2, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 16-013 APPLICANT: Kodiak Island Borough LOCATION: W Rezanof or LEGAL DSC: Seaview Subdivision Lots 1A -22A, USS 2539 Old Shipyard-Womans Bay Parcels A & B, and Lash Dock Tideland Lease ZONING: I -Industrial and C-Conservatlon FUTURE LAND USE DESIGNATION: Conservation NOTICE: Twenty (20) public hearing notices were mailed on February 11, 2016. One (1) public hearing notice was returned as of the date this report was prepared. SITE VISIT: None 1. Zoning History: • Zoned C -Conservation by Ordinance 77-15-0 • Rezoned from C -Conservation to I -Industrial by Ordinance 81-9-0 • Lot 21 rezoned from I -Industrial to B -Business by Ordinance 2005.09 • Lot 21 rezoned from B -Business to I -Industrial by Ordinance 2014.02 2, Site Size: t 49 acres 3. Existing Land Use: Industrial, Business, Vacant 4. Surrounding Land Use and Zoning: • Southwest: Vacant RR1-Rural Residential One land • NorthNVest: Vacant Conservation land 5. Comprehensive Plan: • Not addressed by the 1988 Comprehensive Plan • Incorporated Into Kodiak Island Borough Land Use Plan and designated Industrial by Ordinance 81-8-0 • 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 (limber harvest, mining, and fanning) as well as low-density residential use and other uses such as lodges. Case No. 1"13 Staff Report and Remmmendaaon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 76 of 206 AGENDA ITEM #9.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 77 of 206 PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: MARCH 16,2016 tALASKA 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 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 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 Future Land Use Designation change is being requested by the Kodiak Island Borough to eliminate a mapping error in the 2008 Comprehensive Plan. The subject parcels are designated Conservation in the plan. Prior to adoption of the 2008 Comprehensive Plan, the future land use of the area was designated Industrial, per Ordinance 81-8-0. The area was zoned (- Industrial by 81-9-0. As indicated in a July 8, 2013 (Exhibit C) memo to the Assembly, staff believes that the Identifcallon of these parcels as having a Future Land Use Designation of Conservation was an administrative oversight, and that amending the adopted 2008 Comprehensive Plan maps is necessary. CURRENT USE AND ZONING The subject parcels are zoned I -Industrial, with exception only to the Lash Dock Tideland Lease, Lass No. 18413 Stas Repon and Raoommsndabon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 77 of 206 AGENDA ITEM #9.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 78 of 206 No PUBLIC HEARING ITEM 7-E P 6 Z REGULAR MEETING: MARCH 16, 2016 a o,� 0 Oi ALASKA which is zoned C -Conservation. All parcels that are not vacant are currently supporting Industrial or business uses. Though the Lash Dock Tideland Lease Is zoned Conservation, the property has both in past and present, been used in support of Industrial activities. Land adjacent to the subject parcels is vacant Conservation land and vacant RR1-Rural Residential One land. Womens Bay and Coast Guard Air Station Kodiak Ile to the east RECENT DEVELOPMENT TRENDS IN THE AREA Development In the Immediate area has been Industrial or business. Most RR -1 and C - Conservation zoned lots, with exception to the Lash Dock Tideland Lease, are currently vacant. COMPREHENSIVE PLAN CONSISTENCY The proposed amendment is consistent with the following goals, policies, and Implementation actions of the adopted 2008 Comprehensive Plan: • Land Use Goal., Continue to update and improve the effectiveness of Borough policies, plans, regulations, and procedures. • Implementation action: Update and enhance the KIS Zoning Ordinance, as well as other planning procedures to meet land use and planning goals cost-effectively and efficiently. • Implementation action: Review existing zoning ordinances with a focus on minimizing the number of zones where possible to mitigate confusion. • Economic Goal. Regulate land uses to protect Industrial uses and minimize conflicts with adjacent uses. • Policy: Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards and other means. 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. RECOMMENDATION Staff recommends that the Commission forward this Comprehensive Plan amendment 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 Comprehensive Plan amendment to change the Future Land Use Designation of Seaview Subdivision Lots 1A through 22A, USS 2539 Old Shipyard-Womans Bay Parcels A & B, and Lash Dock Tideland Lease from Conservation to Industrial/Light 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. 16-013. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The subject parcels were developed for Industrial uses and have been consistently used for Industrial purposes for several decades. Case No, 16-013 Staff Report and Reoommendatlon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 78 of 206 AGENDA ITEM #9.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 79 of 206 No aoq PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: MARCH 1e,2018 A- � 2. Each of the subject parcels is of sufficient area and is capable of providing suitable building sites for a range of industrial uses. 3. The amendment is not in conflict with the goals and objectives of the 2008 Comprehensive Plan. 4. The amendment is necessary to eliminate a mapping error in the 2008 Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Lase No. 15-013 Ste Report and Rewmmendabon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 79 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 80 of 206 PUBLIC HEARING ITEM T -E P & Z REGULAR MEETING'. MARCH 16, 2016 3( 1 16-013 Staff Report Exhibit A KODIAK ISLAND BOROUGH ORDINANCE No. 81-8-0 Page 1 KOOIAAN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING TNS K ISLAND BOROUGH COMPREHENSIVE LAND USE PLAN. BE IT ORDAINED BY THE K00fAK ISLAND BOROUGH ASSEMBLI THAT: SECTION 1. The Comprehenslvo Land Use Plan Is hereby emended to classify the property described in Section 2 of this Ordinance use. for Industrial SECTION 2: A part of USS 2539, Kodiak, Alaska further described es follows: Seward Meridian. Alaska (Unsurveyed) Tha on of USS 2531 within ad)LT29StiR2OW- Sections 21.e22.rendu2B, end (Protraj descrf witin Share of Beginning at A Paint at the line Of mean high tide an the southerl e". Bay HDRIN Of �helongi triangulation thence westerly end northerly " CHRIS n highn ti Yonens Bay, to a point at the mean high tideeanfthe enorthwes shore of Yunens terlyf Bey, neer the moat northerly end of the old shlpya true ted northeasterly of USGS triangulation station "SHANNON', the to thence N 380 Point of & 30' Y, approximately 500 feet a boundary' t° a pole[ on a b0undary Of PLO 5566 described as bearing 5 51° 30- t�ehre 5 51° 70' Y, approximately 1500 feet to 1 5 38 3fa a point; thence E, approximately 125 feet to a Point, which is N 380 30• N, 300 feet distant Prow the centerline of the Chl,&k Root, thence — southwesterly, along the line which is Rerall 300 feet from a el m, the centerll°e of &he Chlniak Read a distance 0f 3100 feet t a lite o thence 5 45 E, 000 feet care or less to the man high tide tine of Yamens Bey; thence along Slid mean high tide line in a northeasterly direction to the true point of beginning. Containing approxlmately 46 aces:. PASSED AND APPROVED this r.w day of Nay 1981. KODIAK ISLAND BOROUGH By: '1 ��'uvvn w'or ATTEST: By: 7 P u 9 Page 1, Ordinance No. 81.8-0 Case No 15.013 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 80 of 206 rrLI-lu> ME."M Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 81 of 206 PUBLIC HEARING ITEM ]-E P 8 Z REGULAR MEETING: MARCH 18, 2018 l 16-013 Staff Report Exhibit A I gpNR nLA1D BD' V1 I I ' Page 2 ORDINANCE N0. B. v-0 FIRST READING DATE: Amit P_ loaf SECOND READING, PUBLIC HEARING, PASSAGE DATE: May ], 1981 EFFECTIVE DATE: May 9, 1981 REQUESTED BY: Kontag, Inc. PREPARED BY: Planning and Community Development Department RECOMMENDATION: The Kodiak Island 8amgh PlanMn9 and Zoning Cammtsslan rocaamends ePPraval of Lhts Ordinance. I I I Case No. 18-013 Staff Report and Remmmendatlon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 81 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 82 of 206 PUBLIC HEARING ITEM 7-E P IS ZREGULAR MEETING: MARCH 18, 2018 ) 16-013 Staff �;� n T l_ ( 1 q Report Exhibit B KODIAK ISLAND 1RBOPage 1 ORDINANCE 9 AN ORDINANCE OF THE KDOLAK ISLAND BOROUGH ASSEMBLY REZONING APPROx- ,iIMATELY 46 ACRES- WITHIN USS 2539 FROM CONSERVATION TO INDUSTRIAL. BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH ASSEMBLY �Ii THAT: SECTION 1: A 46 acre+ parcel 7aated within USS 2539 more fully section 2 of this Ordinance 11 hereby y describedin �I Industrial. retuned from eseHbed t° IISECTION 21 A part of USS 2539, Kodiak, Alaska, further described as: Seward Meridian, Alaska (Unsurveyad) (Pmrtion of tracted T28S, 6R20V Se t, more Particularly located within fellow': ) Sect) one 21, 22, and 28, and described as ii Bepinning ate thence NOR7H a �tha7roG5 trlenguLtf II there o/ R point at the line of mean high tide on the southerly 'tarty , t any on station •CHRIS';! end norther) g the line of meen P Vommnt 8 L0 a polo[ tt tM lid, she ofaY, of eaten high tide on the north located twartathaaasteyrl near the most northerly and of the old torlyshjp,i, Y of USGS triangulation ' station SHANNON'; the i 3a 'WIN hence PLp55 > Se5�1�n30rYWof Eel 15 faetat6 ;rppioongn5051 t S 3B° 30' E, ePproslaetelY e30 NhJB W 325 feet to a point, whleh 1s Rpatl, thencethwe'terlyanaloep TJ00 the llneCent wNf ch 1s Teat farpe a PFee arallel tpoo, the centerline 8/ the CMniak Road a distance of 3100 h 9h I'de lin a/tM ne SBaS E, 900 /Met mote or les In a nor""Soerl df Y: thence along said mean ht t° the mean Y roctlen to the true line paint °/ beB Main Containing approximately 46 At $+. PASSED AND APPROVED this 9th day of June, 1981. KODIAK ISLAND BOROUGH BY• N—�_ r°YBn I'ATTEST. payor Ry (� . °�9 erFIRST READING I SECOND REAOING�PUBL C M A 11 2 39 1 EFFEC3IYE 01TE: 1' June 4 198 REOUESTEO BY: PREPARED B7: ann n Anne. REcnrENDATI n vat PER a ann n e on n nt • apDrov 1 f this Om+.._.tea as On recmmwn s I Case No. 18.013 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 82 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 83 of 206 PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: MARCH 18, 2018 16-013 Staff Report Exhibit 1 Page Kodiak Island Borough Page 1 a ¢ Community Development Department 710 Mill Bay Road r" Kodiak, Alaska 99615 M Phone (907) 485.9353 Fax(907)486-9396 www.kib.co.kodak.ak.us Memorandum Date: July 8, 2013 To: Mayor and Assembly Members Cc: Borough Manager From: Robert H. Pederson, AICP Community Development Director RE: Ordinance No. FY2014-02 — Proposed rezone of Lot 21, Seaview Subdivision from B— Business to I - Industrial. This memo is intended to provide additional and clarifying Information for the above referenced rezone application: This matter was continued at your July 2, 2013 regular meeting to the July 181" regular meeting. A number of Issues and concerns were raised during public comments and Assembly deliberations. These included: 9 Traffic impacts and possible need for turning lane(s) D Impacts to marine habitat and ecosystems > Visibility Competition with Horizon Lines Y Lack of fire protection services During the testimony at the public hearing, it was my impression that the Issues raised were largely related to potential impacts from a specific development proposal (i.e., a new docking facility) rather than the implications of the proposed change in zoning to I -Industrial. The Issue regarding competition with Horizon is not a land use issue. This memo is Intended to highlight the different considerations for a rezoning matter from those attributable to specific development scenarios. Case No, 18-o13 stag Report and Remmmendedon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 83 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 84 of 206 PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: MARCH 18, 2018 16-013 Staff Report Exhibit C Pape 2 From the planning perspective, the standard of review for a rezone Is quite different than considerations to be evaluated for specific development proposals, as discussed below: State Enabling Legislation Section 29.40,040 Alaska Statutes sets forth these distinctions on how zoning and land regulations serve to implement local comprehensive plans in differing ways: Sm. 29.90.040. land use regulation. (a) In aaaNance with a comprehensive plan adopted underAS 29.40.030 and In order to Implement the plan, the assembly by ordinance shall adopt or amend provisions governing the use and occupancy of land that may include, but are not limited ca, (2) zoning regulations restricting the use of land and Improvements by geographic districts; (2) land use permit requirements designed to encourage or discourage specified uses and construction of specified structures, or to minimize unfavorable effects of uses and the construction ofrtructuresl Zoning Zoning is one of the primary tools to implement the future land use maps in a comprehensive plan. The 2008 Comprehensive Plan contains a series of Future Land Use Maps Zoning, showing the geographic distribution of nine (9) future land use designations throughout the Borough. The comp plan also provides that: ^Wtum land use designations should be considered generalized designations which may include uses allowed In multiple zoning designations. " (KIS Camp Plan Chap. 4, pg. 23) Accordingly, multiple zoning districts may be appropriate in any given future land use designation. Ultimately, the decision of which zoning district Is the "best fit" for a site is a policy decision of the Assembly, following review and recommendations from staff and the P&Z Commission. Appropriate factors to be considered in making this decision include: Is the proposed zoning district consistent with description of the mapped land use designation? What are the existing land uses? Do they conform to the future land use designation? Will the range of permitted uses in the proposed zoning district be more or less conforming with the future land use designation? Will the range of permitted uses be compatible with existing land uses or zoning in the area in question? Development regulations and permitting for project review Development regulations are intended to ensure that specific projects are consistent with the underlying zoning district and in compliance with all development requirements. Title 17, KIBC establishes standards for a range of permitted and prohibited uses, conditional uses, permitted densities, area requirements (e.g., lot size and width), setbacks, building heights, performance standards, availability of public services, and other requirements for specific uses. These standards are intended to ensure that potential project impacts are reduced, mitigated, or addressed in the design of a project. Casa No. 15-013 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 84 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 85 of 206 PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: MARCH 18, 2016 16-013 Staff Report Exhibit C Page 3 Other Agency Permit Requirements Specific development proposals are further governed by requirements and permitting responsibilities of other agencies, such as ADEC, the Corps of Engineers, DNR, etc. Al the local government level, we are often faced with concerns or potential adverse Impacts from development proposals that fall within the regulatory responsibility of those agencies, regardless of local zoning or development regulations that may apply. KIB 2008 Comprehensive Plan Policy Guidance Following the July 2n° public hearing, staff reexamined the (actors noted above for the site in question. The Boy Scout Lake Area: Proposed Future Land Use Map (Figure 4.11) depicts the entire waterfront south from the Coast Guard base in the Conservation Future Land Use Designation. The Conservation land use designation is described as: 'Conservation. This designation corresponds to the zoning designation o/the same name and allows fora variety of natural resource extractive user (timber harvest, mining and fanningl as well as low density residential use and other usessuch as lodges.' fine Comp Pion Chap. 4, pg. 13) It should be noted that this Information is contrary to what was previously presented in the February 8, 2012 P&Z packet for this rezone. The staff memorandum correctly Identified the current zoning of the site as B -Business but Incorrectly stated that the Comprehensive Plan designated the area as a combination of Industrial/Light Industrial, & Open Space/Recreation. As noted in the original staff report, zoning decisions shall be based upon the recommendations contained in the Comprehensive Plan. KIB 17.10.020. Based on this standard, a rezone to I -industrial would not be appropriate within an area designated with a Conservation future land use designation. In this specific Instance, however, it appears there is a mapping error In the 2008 Comprehensive Plan update, because: 1) the area has been zoned Industrial or Business for decades; and 2) the Conservation future land use designation was intended to correspond to the Conservation zoning district, as noted above. Next Steps/Recommendation Staff recommends that the Assembly continue the rezone request and direct staff to prepare a Comprehensive Plan map amendment for review and recommendation by the Planning and Zoning Commission. Case No. 16-013 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 85 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 86 of 206 PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: MARCH 16, 2018 16-013 Staff Report Exhibit D Page 1 Introduced by KIS Manager Requested by: PBZ Commlaaion I Drafted! by: CCC sx 2 Introduced. ddn Public Hearing: vJdnxa 3 Adopted: ddsssx 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2016-xx 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH AMENDING THE 2008 COMPREHENSIVE LAND USE 10 PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION OF II LOTS 1A THROUGH 22A SEAVIEW SUBDIVISION, USS 2539 OLD 12 SHIPYARD-WOMANS BAY PARCELS A AND B, AND LASH DOCK 13 TIDELAND LEASE FROM CONSERVATION TO INDUSTRIAL/LIGHT 14 INDUSTRIAL (PBZ CASE NO. 16-013) 15 16 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 17 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 18 Statutes; and 19 20 WHEREAS, in accordance with AS 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 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 Plan; 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 from the 35 Community Development Department to amend the 2008 Comprehensive Plan by 36 changing the future land use designation of Lots 1A through 22A, Seaview Subdivision, 37 USS 2539 Old Shipyard-Womans Bay Parcels A and B, and Lash Dock Tideland Lease; 38 and 39 40 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough 41 Code 17.205.040, the Commission Considered the merits of the Comprehensive Plan and 42 amendment request; and 43 44 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 45 Comprehensive Plan Future Land Use Designation of these lots be changed finding that 46 the public necessity, convenience, general welfare, and good zoning practice would be 47 enhanced by such action; and 48 Kodiak Island Borough, Alaska Ordinance No. FY2016.. Page 1 of 2 Case No. 18-013 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 86 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 87 of 206 PUBLIC HEARING REM 7•E P 6 Z REGULAR MEETING: MARCH 16, 2018 16-013 Staff Report Exhibit D Page 2 49 WHEREAS, the Commission hereby recommends that this amendment be reviewed and 50 approved by the Borough Assembly. 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. 57 58 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lots 1A 59 through 22A, Seaview Subdivision, USS 2539 Old Shipyard-Womans Bay 60 Parcels A and B, and Lash Dock Tideland Lease is hereby changed from 61 Conservation to Industrial/Light Industrial. 62 63 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 64 Commission are confirmed as follows: 65 66 1. The subject parcels were developed for industrial uses and have been consistently 67 used for industrial purposes for several decades. 68 69 2. Each of the subject parcels is of sufficient area and is capable of providing suitable 70 building sites for a range of Industrial uses. 71 72 3. The amendment is not in conflict with the goals and objectives of the 2008 73 Comprehensive Plan. 74 75 4. The amendment is necessary to eliminate a mapping error In the 2008 76 Comprehensive Plan. 77 78 5. The Planning and Zoning Commission recommends that the Borough Assembly 79 approve this Comprehensive Plan amendment. 80 81 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 82 THIS DAY OF 2016 83 84 KODIAK ISLAND BOROUGH 85 86 87 88 Jerrol Friend, Borough Mayor 89 ATTEST: 90 91 92 93 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY201B-xx Page 2 of 2 Case No, 16413 Stall Report end RemnenendatI.n Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 87 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 88 of 206 PUBLIC HEARING ITEM 7-E P 6 Z REGULAR MEETING. MARCH 16, 2016 Kodiak Island Bomugh Print roan Submit by EmaB Say 9961 205 Community Development Department III III IIIIII II�nII III 710 MillKodiak K-936 AK 99615 Ph 190]1 x86-9362 Feduakli 4116-9396 hDCiLHY�'.k9dliklh.YS Hulci FLUD PROP ID Multi Application for Rezone-KIBC 17.205 Thefolowing Information ifmbe supplied by the Applicant � Property0wner/ApplkanC See attaclmentlKodlakldand Bomugh Community Oevalopment0epamment Malling Addresz 710 MITI Bay Road Phone Number. 01169361 OtherCmI emall,elu smas"Ircelakak.us Legal DescrlpNon: Subdv: See below Black Lot: Street Address. Multiple FLUD FLUD /Liq h IndLs vw1 Cumentionklg<omervation KIBC 1750 Proposed Is do S. Industrial IUBC 11.105 Applicable Comprehensive Pian: 2006 Kodiak bland Borough Comprehensive Plan Update Explanation of the need&Justification for a change or amendment of avning: This application IN for an amendment to the 2006 Comprehensive Plan future tend use designation or5eavlew SubdiAsion Rots IA. 22AI. Lash 0ockTideiand tbase (portion of Section 21, T285. B21Wy, Seward MerldlanL and 0552539 Old Sgpyard•Womans Bay Pamela A & 5 Conservation to Industrial/Light Industrial. A map showing the subject area Is attached. This area has been used, w mended for use, as IrWuprial land for many year; long before adoption of the 2008 Comprehensive Plan. The subject properties arc currently vaned blndusedal and have been used for vadous Industrial activities over the yeah. TMs request will not modify actual use ofthe land or existing mrsn . This request seeks to remedy mapping error In the adopted 2008 ComprehemivePlan. nUoued vn menu) Case No. 16013 Application Package Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 88 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 89 of 206 PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETINGMARCH 16, 7016 Explanation of theeffect such a change cramendment would haveon the oblactivesofthe applicable comprehensive plan This amendmentwlll haven effect on the objectives ofthe 7WB Comprehensive Plan. This future land on amendment will rectify a mapping error in the plan. GOO. Signature: g3D Staff Certification Date: Feh 9.7016 COG Staff. Sara Mason Payment VerHicatics Fee Payable In Cashieb Of Room If I A- Main floor of Borough Building WBC 17.705.030 Manner of Initlation. Changes In this title may he Initiated M the following manner. A.The assembly upon Its own modoresrC Walveroffee B. The commission upon its own motion: r Walveroffee C. Byiestlpre Less than l.7S acres f- S350D0 1.76to5.00anes f- $750.00 5MI to M.M auev j' SID00.00 40.01 acresa more: f- $1500.00 Case No, 16-013 Application Package Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 89 of 206 AGENDA ITEM #9. C. PUBLIC HEARING ITEM ]-E P & Z REGULAR MEETING'. MARCH 16, 2016 Case No. 16013 Application Package Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 90 of 206 Q N m r m O N m T m m n m m N Q N � J N N Yy O m W Y 0 J tl Q C m e i0 a Y 3�;�3s3s3aam s saaam ; ; mm N m .Q .Q191 >m ,Q >m A .QI a a n m m m m m m m a a m m m m m m N m N O m h N N ..... 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Page 90 of 206 Request: A Comprehensive Plan amendment to change the Future Land Use Designation of Seavlew Subdivision, USS 2539 Parcels A& R, and Lash Dock Tideland Lease (a portion of ensu fractional Se.lon 2f,T2&S, R20W, Seward Meridian( from Conse to lndustrlallLight Industrial(KISC 17.205( t AGENDA ITEM #9.C. PUBLIC HEARING ITEM 7-E P a Z REGULAR MEETING: MARCH 10, 7018 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 www.kodiakak.us A public hearing will be held on Wednesday, March 16, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 16-013 APPLICANT: Kodiak Island Borough REQUEST: A Comprehensive Plan Amendment to change the Future Land Use Designation of Seaview Subdivision and Lash Dock Tideland Lease (a portion of unsurveyed fractional Section 21, Township 28 South, Range 20 West, Seward Meridian) from Conservation to Industrial/Light Industrial (KIBC 17.205). LOCATION: W Runner Drive, Kodiak ZONING: I -Industrial and C -Conservation This notice is being sent to you because our records indicate you are a properly owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must he received by 5 am. Tuesday. March I. 2016 to be considered by the omen mission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssinithnkodiaknk.us. If you would like to tmtiry via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486,3231. The tall free telephone number is 1-855492-9202. One week prior to the regular meeting, on Wednesday, March 9, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (# 121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to callus at 486.9363. Your Name: Mailing A ldren: V., property dascripdm: Comm nu: Cam No. 16413 PUNIC Comment Package Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 92 of 206 AGENDA ITEM #9.C. PUBLIC HEARING ITEM 7-E P B Z REGULAR MEETING: MARCH 16. 2016 Case 16-013 Request a Comprehensive Plan Amendment to change Location the Future Land Use Designation of Seaview Subdivision W Rezanof Drive, Kodiak and Lash Dock Tideland Lease (a portion of unsurveyed Applicant Kodiak Island Borough fractional Section 21, Township 28 South, Range 20 West, Community Development Seward Meridian) from Conservation to Industrial/Light Department Industrial (KIBC 17.205). 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(§§)§§§)2|§! § () uz )) ,|2l�: ||§�E®,|®,�)§ }]k|)\||(|§§■ Ordinance G.w2,6-2 4Amending 3e 2008 Comprehensive Plan... 5# 95 az AGENDA ITEM #9. C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 96 of 206 PUBLIC HEARING ITEM 7-E P 6 Z REGULAR MEETING: MARCH 16, 2016 LASH CORPORATION 7205 West RezanofDrive Kodiak, Alaska 99615 Ph 907.487-2151. Fax 907.487-2106 E-mail seawrtl nalaskomet mbrechannhuahes.net mkebrechan I nalaska.net 28 February 2016 Ms. Sara Mason Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, AK 99615 VIA E -Mail Re: Case Number 16.1013 Lash Terminal Et Al Dear Ms. Mason, We must object to your proposed amendments to the 2008 Kodiak Island Borough Comprehensive plan for the following reasons: I. Because of the strategic location of the property, we don't feel that we fit into any of the development plans you might have in mind. 2. The property was originally zoned Industrial in the early I980's and has been used in this - capacity since that time. The change of the zoning title from Industrial to Industrial/Light Industrial may be inconsistent with the usage of the property as we operate a heavy industrial marine Dock. 3. If you are attempting to zone the leasehold we have with the state and federal governments, we would have to question you authority to do so but it is contiguous to our property. 4. As I recall, the last time the Comprehensive Plan came up, your organization was attempting to force us into the Bells Flats community so that we could support their service district costs which was of no benefit to us. LASH CORPORATION Michael C. Brechan Secretary/ Treasurer .."M Comp Plan Amendmmt wrinm eonunenn 28 Feb 16 mired I Much 16 Case No. 1"v3 PUNIC Comment ParkaBe Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 96 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 97 of 206 they trying to clean up, and essentially what it says is this would allow an expansion of the exsiling multi -family dwelling units through construction of additional units so their plan is to Improve the property by Increasing the units, and the two different ones-N&F Properties and Wilfredo and Yolanda Taboy are two separate owners with one owning Lot 10 and it and the other owning Lots 12 and 13. So both separate parties are planning to do the same thing according to this application, can you clarify that, Maker said he will say that there has been no permits been put in because they wouldn't be able to do that. When N&F Properties approached him this was their idea. Maker explained to them that parking was going to be an extreme challenge and he also explained to them one of the advantages even if you weren't able to expand would be the fact that you could rebuild as a tri-plex or multi -family residence provided you met all the requirements of current code. He clearly explained to him that parking was going to be a challenge. The neighbors joined in on the rezone because N&F Properties approached Maker who said It would be unlikely we would recommend approval if it went R3, R3, R3, R2, R3. The Taboys fell it was worthwhile due to the fact that they could rebuild and it is a big thing with regards financing when they come In they can't get financing because it can't be rebuilt as a tri-plex, it would have to be rebuilt as a duplex. That's one or the advantages right there if they ever wanted to sell they avoid that difficulty with receiving financing and if it's ever destroyed it could be rebuilt as multi -family residence. Director Pederson stated our standard caveat that we would in any rezone regardless of what the intent may be, the rezone is appropriately evaluated under consistency with the Comp Plan and any of the permitted uses of the R3 district could be possibly sought by an applicant and as in any case any other property they would have to demonstrate compliance with the code in order to get a zoning compliance for any of uses. COMMISSIONER PAINTER said she wants to do this to help people but It's almost like you know I want to rezone just in case something happens. She's having a difficult time saying yes to this because there's nothing specific, no real plan, there's once upon a time this could happen and then if we rezone everything is fine. Everthing is fine now; they are grandfathered and nothing has happened. She could see if something happened and there needed to be a change but you are wasting our time. Maker pointed out that the rezone recognizes these long standing non -conforming uses that have harmoniously co -existed within the area for decades. COMMISSIONER PAINTER stated along with the other twelve to fifteen along that street right next to them, why don't we just give it to all, blanket all the through if it's this great need. It's going to this one, the next one, the next one, and then parking and parking and parking. Again it's almost like we are saying let's do this so just in rase something happens. She is against this and will be voting no. Open public hearing: None Close public hearing: ROLL CALL VOTE ON MOTION FAILED 3-3. The ayes were COMMISSIONERS ARNDT, ALTENHOF, and SCHMITT. The noes were COMMISSIONERS BALDWIN, PAINTER, and SPALINGER. E) CASE 16.013. The applicant Is the Kodiak Island Borough. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Seaview Subdivision and Lash Dock Tideland Lease (a portion of unsurveyed fractional Section 21, Township 28 South, Range 20 West, Seward Meridian) from Conservation to IndustriallLlght Industrial (KIBC 17.205). The location is W. Rezanof Drive and the zoning Is ]-industrial. Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 8 Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 97 of 206 AGENDA ITEM #9.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 98 of 206 Note: 20 public hearing notices were mailed on December 15 and 1 response was received. COMMISSIONER SPALINGER MOVED to recommend that the Kodiak Island Borough assembly approve the Comprehensive Plan amendment to change the Future Land Use Designation of Seaview Subdivision Lots 1A through 22A, USS 2539 Old Shipyard-Womans Bay Parcels A & B, and Lash Dock Tideland Lease from Conservation to Industrial/Light 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. 16-013. Sara Mason staled this future land designation change was requested by the Kodiak Island Borough to eliminate a mapping error in the 2008 Comp Plan. The subject parcels are designated Conservation in the plan. Prior to adoption or the plan the future land use of the area was designated Industrial per an ordinance passed In 1981. The area was zoned Industrial in 1981 as well. As indicated in a July 2013 memo provided In your packet as Exhibit C to the assembly. Staff believes that the identification of these parcels as having a future land use designation of Conservation was an administrative oversight and that amending the adopted 2008 maps is necessary. The subject parcels are zoned Industrial with exception only to the LASH Dock Tideland Lease which is zoned Conservation. All parcels that are not vacant are currently supporting Industrial or Business uses though the LASH Tideland Lease Is zoned Conservation the property in past and present been used in support of Industrial activities. Land adjacent to the subject parcels is vacant Conservation land and vacant RR1-Rural Residential 1 land. Womens Bay and the Coast Guard Air Station Kodiak lie to the east, Development In the immediate area has been Industrial or Business but most RR1 and Conservation zoned lots with the exception or the LASH Tideland Lease are currently vacant. The proposed amendment with land use is consistent with land use and economic goals identified in the 2008 Comp Plan and staff recommends the amendment is consistent with the Camp Plan and satisfies the requirement of Title 17 of the Kodiak Island Borough Code for Amendments and Changes. Staff recommends that the commission forward this Comprehensive Plan Amendment request to the assembly for recommendation for approval. In response to COMMISSIONER PAINTER'S Inquiry of it's her understanding that the Kodiak Island Borough is the applicant, not the owner's of the land, the owner's of the land have not asked for this amendment change or rezone essentially but the borough Is requesting that, Mason we requested the future land use change, we haven't requested to change the zoning. In response to COMMISSIONER PAINTER'S Inquiry of It's basically one In the same because one follows the other, Mason said it's already zoned Industrial with the exception of the LASH Tideland Lease which is zoned Conservation, all of the Seaveiw Subdivision is zoned Industrial, it has been with the exception of one lot which was rezoned Business at one point and then rezoned back to Industrial with the exception of Lot 21 in this subdivision the entire subdivision has been zoned Industrial since 1981. The future land use just doesn't match the zoning. Director Pederson left the meeting at 7:15 p.m. Open public hearing: Michael Brechan stated If this thing had started out saying " we made an error In the Comprehensive Plan Instead of (Inaudible) over the paperwork" Brechan probably wouldn't be quite so offended. Of late the borough has taken a couple of really cheap shots at his corporation and the one he represents and he gets tired of that. He questions seriously how this body can zone a piece of land that we lease from the U.S. Fish 8 Wildlife Service and have done so since back in the 80's that Is still zoned Conservation, and if you are going to do that then you say you are pro -development, why don't you zone the bottom of the bay Industrial out In front of our property and the rest of that because It's still owned by the Coast Guard now or they say. It looks to him that he's just been a target of something that doesn't do much good for anything besides waste his time. He doesn t think this is something that, it was done in 2008 and they are just now getting to it, pretty serious questions of what staff has been looking at as of late so he takes offense to it and he expects that the commission will pass it but he doesn't Kodiak Island Borough Planning 8 Zoning Commission Minutes March 16, 2016 Page 9 Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 98 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 99 of 206 think It's correct. He questions seriously how you can zone a piece of property that we filled, developed, and built but the land is 5011 owned by the Federal Government and If you are going to do that does the next person who wants to gel a tideland tract lease there have to come to you first to get a zoning permit before he turns around to apply for the rest of the things he would have to do. Brechan's been around long enough to remember the Office of Governmental Coordination by the Stale of Alaska so that you could deal with the Coast Guard, Fish & Wildlife Service, National Maritime Association and he forgets who else was Involved when built that property because there was a need In this town for another dock besides Sealand. When we came in there the (inaudible) on Industrial commodities came down by 50% to 60% because it was cheaper to bring It in by barge. He doesn't think Light Industrial has anything to do with It, he thinks that's a new Idea from the borough and we don't think much of that either. He will answer any questions the commission may have. COMMISSIONER PAINTER's inquiry of does Mr. Brechan know his lot number because she's trying to figure out which lot Is his, Brechan said Lots A and Tract A and B of USS 292812939 or whatever it is, that's the one we owned originally and originally we owned it all. We bought it all from Konlag and all the uplands to go with It, then we got a tideland lease to be able to fill In the area that is shown on this map as Conservation which was done a long time ago. We bought the whole thing from Koniag somewhere around 1982, we leased It from them first to get slarted,il was the old shipyard. It's a unique piece of property, this is why when they talk about future land use, this was done right after the earthquake and tidal wave in 64' and the community needed a shipyard. As It turns out his late father In law, Ab Stuart, was in the Navy and got this properly to where that (inaudible) could buy it, then Koniag bought it and they had a shipyard there during that time and left the facilities which we took out. During that time, It was unique when the Navy got all this properly under a PLL so the Navy owned the bottom of the bay, the roads, the State of Alaska only got an easement for the highway and that's all they have, and it's subject to question because the original documents say they got a 100 foot right- of-way down the centerline of the existing road, the Stale of Alaska changed that about 1986 claiming that something of an onsiezedak which they could never prove to us so they made it 100 foot each side of centerline. Here we had a piece of properly that we paid for a whole bunch of acres that we have to lease part of It back from the Stale of Alaska. It's confusing, its one of those things that happened In the old days. We have been fighting this battle for a long time and he's just trying to make sure that we aren't getting our fool into another one. This thing with the tidelands, if you are going to say we can zone that and maybe you should zone the rest of it to give us some more Industrial land, it takes an act of Congress for us to gel a permit to build anything. He doubts If you will see anymore marine development out there because he doesn't think you can gel a peril under the current regime to build anything. We tried for five years on Shannon Point and then gave up because we couldn't make it happen. Close public hearing: Commission discussion In response to COMMISSIONER PAINTER'S request for clarification on the image overlay map that kind of depicts the various properties that are under question here and Lot 23 that Is that long piece right by the tidelands and then after that there's two more parcels that she assumed are A and 8 because they are not marked, Mason said she's only seeing 21 and 22, Seaveiw Subdivision was Lots 1 through 22, you are right there are two tots that are not tabled, If you look at the location and zoning map just before that there's the one shown In white is the tideland lease that Mr. Brechan spoke of and then next to that is the old shipyard. CHAIR ARNDT gave Mr. Brechan the opportunity to cladly that. Mr. Brechan said It's confusing. When we originally subdivided that tract of land they decided that the best way to do it was to define it by the centerline of the existing proposed highway because what Is drawn on the plat is not anywhere close to what the real road looks like. That's what they did so when we sold the lots on the uphill side of the property everyone owns a 100 Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 10 Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 99 of 206 AGENDA ITEM #9. C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 100 of 206 fool piece of the ground under that Stale Highway and everyone on the LASH side owns a 100 foot piece and that is where Lot 21 and 21A or 22, two long skinny lots through there and that is actually the right-of-way. We made Lot 21A so that It was defined by the actual property and took out that long skinny lot and subdivided. That property is the Shannon Point has since been sold and to make everything work we had to do the other one and merge It with old shipyard (Inaudible) so it shows that we own the rough land underneath the highway which is quite confusing. In response to COMMISSIONER PAINTER'S inquiry to Mr. Brechan is what she is understanding is is that it Is zoned what It is zoned Industrial with the exception to the tideland lease she doesn't know what that is zoned, CHAIR ARNDT said it's Conservation so what they want to do basically is say "The Comp Plan that Is the bible Is kind of messed up so what they want to do is change the map color to show it's consistent with what they have of retort, it's not doing anything other than changing the Comp Plan, that's her understanding with, currently it's saying It's Industrial, that's what It's zoned and that's what it is legally with the exception of the tideland lease that Is Conservation currently and she's assuming that It's going to be changed to Industrial, can you clarify that, Mason slated we don't having any plans on Initiating a rezone, that tideland lease has been used for Industrial purposes for decades, it's grandfathered, we don't want to touch the zoning at all, it's just that the assembly in 2013 when there was a rezone of Lot 21A, questioned why they should approve a rezone from Business to Industrial when the future land use Identified is Conservation, and the 2008 plan having those subject parcels shown as Conservation really was an oversight because there was an ordinance past in 81' that said that the future land use of this property was to be Industrial and there was no ordinance past to change it to Conservation but It was changed to Conservation by virtue of the fact that the assembly approved the maps in the 2008 Comprehensive Pian so we don't want to touch the zoning at all. We realize that the tideland lease is shown as Conservation and we have no plans on changing that. COMMISSIONER PAINTER told Mr. Brechan (hat he has this on record now that is not their Intent to change that portion that is currently zoned Conservation to rezone it to Industrial. COMMISSIONER SCHMITT said his Intent in voting is to clear up a problem with the Comp Plan and he looks at the Findings of Fact and he thinks they are short and sweet. In response to CHAIR ARNDT's inquiry if there was any other property In the area heading out towards Bells Flats that has problems Including the fairgrounds, Mason said currently the Seaview Estates Subdivision which is zoned RR1 is also shown as Conservation in terms of future land use in the 2008 Comp Plan. She doesn't know if those lots meet the minimum lot size requirements in the Conservation zone. In response to CHAIR ARNDT's question of why did that not come forward, Mason stated we wanted to address Seaview Subdivision first because the assembly specifically asked that staff address that. In response to CHAIR ARNDT'S question of how long ago was that that staff was asked that question, how many years, Mason said 2'h years. CHAIR ARNDT slated he doesn't like getting surprises and he would prefer that the commission is made abreast of these kinds of things that are going to come forward rather than all of a sudden they show up In a packet. He would rather it's done in some discussion at a work session or something because this is not making him very happy to see that we are going to be looking at another piecemeal deal. Jack Maker stated that one of the reasons we're finding these Comprehensive Plan Future Land Use Map Issues is because we have been cleaning up the zoning maps. We've been creating zoning maps like in the Boy Scout Lake area that did not exist and we've been doing the future land use maps, and we're scrutinizing them and finding that errors were made in the 2008 plan. It doesn't reflect the current zoning in some areas so he believes there will be more of these Kodiak Island Borough Planning 8 Zoning Commission Minutes March 16, 2016 Page 11 Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 100 of 206 AGENDA ITEM O.C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 101 of 206 Comp Plan Amendments to correct these errors on behalf of the borough and their adoption of the Comprehensive Plan. Maker said what we will do before bringing those forward is making sure that you are aware of them. It isn't something that can really be attacked all at once to bring forward several different staff reports at one meeting but you want a heads up that they are coming. CHAIR ARNDT said these are adjacent and he takes issue with not knowing that we are looking at another one coming forward, that was not brought up in the work session. He's feeling a little bllndslded here as the applicant was. Maker said he will have a discussion with the director and when we look at these Comp Pian Future Land Use Map Amendments in the future that if there are any adjoiningfadjacenl near by ones that we will combine them. COMMISSIONER PAINTER said as we are doing this she thinks it is only fair, especially Mr. Brechan has had this lease for so long and then the Kodiak Island Borough comes along and says this is what we are going to do, take it or leave It, she can understand where there would be some concern. It's kind of like the cocoanut game,where is it, where Is it. There's always something underlying usually so it's a little scary as an owner or lessee what is going to take place. She understands the cleanup and the necessity of that but when you are dealing with the public in the future for the other particulars just notify them to lel them know that there was a screwup an the borough's behalf and that you are just trying to clean it up. Just be blunt and be honest; we screwed up and we are very sorry, It's not going to change your zoning. Do it in a letter because they need it in a letter, in writing so they have some security. You wit solve a lot of problems and a lot of people's time. CHAIR ARNDT said It also helps If you don't have an Enforcement Officer going out there saying things that weren't accurate to begin with. FINDINGS OF FACT 1. The subject parcels were developed for industrial uses and have been consistently used for industrial purposes for several decades. 2. Each of the subject parcels is of sufficient area and is capable of providing suitable building sites for a range of industrial uses. 3. The amendment is not in conflict with the goals and objectives of the 2006 Comprehensive Plan. 4. The amendment Is necessary to eliminate a mapping error in the 2008 Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED 5.1. The ayes were COMMISSIONERS BALDWIN, ALTENHOF, PAINTER, SCHMITT, AND SPALINGER. The noe was COMMISSIONER ARNDT. F) CASE 16.007 (Postponed from the February 17, 2016 Regular Meeting for lack of quorum). The applicant is the Kodiak Island Borough. Request an ordinance amending KIBC Chapters 17.25 (Definitions) and 17.160 (Accessory Buildings) to include development standards for accessory dwelling units in the Borough. This ordinance will also amend the following KIBC Chapters to specifically list accessory dwelling units as a permitted use: • 17.50 (C -Conservation District) • 17.60 (RR2-Rural Residential Two District) • 17.65 (RR -Rural Residential District) 17.70 (RRt-Rural Residential One District) • 17.75 (111 -Single-family Residential District) 17.80 (112 -Two-family Residential District) Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 12 Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 101 of 206 AGENDA ITEM #9.D. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, East Addition Subdivision FROM R2 -Two Family Residential TO R3 -Multifamily Residential (P&Z Case No. 16-012). ORIGINATOR: Jack Maker FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: At the March 16, 2016 Planning and Zoning Commission regular meeting, the Commission held a public hearing on this request to rezone four lots from R2 -Two-family Residential to R3 - Multifamily Residential (P&Z Case No. 16-012). Following the public hearing, a motion to recommend that the Borough Assembly approve the rezone failed on a 3 to 3 vote. Findings of fact in support of the denial were adopted by the Commission at their April 20, 2016 regular meeting. Pursuant to KIBC 17.205.055.6, the initiating party filed a written statement with the Clerk's office requesting that the Commission's action be taken up by the Borough Assembly. At the June 2, 2016 Borough Assembly regular meeting, the Assembly reviewed the request and approved a motion to direct staff to prepare a rezone ordinance for introduction at the next regular meeting. Staff prepared the ordinance for introduction at the June 16, 2016 regular meeting. At that meeting, the Assembly approved a motion to adopt the ordinance in first reading and advance it to public hearing at the next regular meeting. Public hearing notices were sent to property owners per Borough Code. The Clerk's Office mailed out 47 public hearing notices on Friday, June 17, 2016. If Ordinance No. FY2016-26 is ADOPTED, a Should Ordinance No. FY2016-26 FAIL, a secondary motion is appropriate which is to secondary motion is appropriate which is to adopt the following findings of fact in support adopt the following findings of fact in support of the adoption of Ordinance No. FY2016-26. of the denial. Findings of Fact Findings of Fact 1. The site is adjacent to existing R3 1. The applicants have not adequately zoning and multi -family uses to the demonstrated a need or justification west. for a rezone from R2 -Two Family 2. This rezone will recognize the long Residential to R3 -Multi -family standing multi -family uses on these Residential. parcels, which have harmoniously 1 2. Each of the two parcels is developed Kodiak Island Borough Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 102 of 206 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2016 ASSEMBLY REGULAR MEETING AGENDA ITEM #9.D. coexisted with existing uses in the with a multi -family dwelling. Both surrounding area for over four structures are legal nonconforming decades. land uses in R2 zoning (constructed 3. The rezone is consistent with the prior to June 5, 1980). Accordingly, a historic character of the surrounding rezone to R3 is not necessary. neighborhood. 3. A rezone to R3 would allow the The rezone is consistent with the Urban structures to be reconstructed as Residential Future Land Use Designation and multi -family dwellings should they be will further implement various objectives of destroyed. Any such reconstruction the adopted Comprehensive Plan. would be subject to the regulations of Title 17 KIBC (Zoning), including the provision of required off-street parking. Due to parcel size and topographical constraints, compliance with those requirements would likely be challenging. Accordingly, a rezone to R3 appears to provide no practical benefit to the property owners. The existing zoning is consistent with the Urban Residential Future Land Use Designation and would further implement various objectives of the adopted Comprehensive Plan. 4. The existing zoning is consistent with the Urban Residential Future Land Use Designation and would further implement various objectives of the adopted Comprehensive Plan. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-26. SECONDARY MOTION: • Move to adopt the following findings of fact in support of the adoption of Ordinance No. FY2016-26 (read the findings of fact). OR • Move to adopt the following findings of fact in support of the denial. Kodiak Island Borough Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 103 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 104 of 206 Introduced by: Borough Assembly Requested by: Owners Request I Drafted by: Community Development Department — Introduced 0611612016 3 Public Hearing: 07/072016 4 Adopted 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-26 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOTS 10 THRU 13, BLOCK 31, EAST II ADDITION SUBDIVISION FROM R2 -TWO-FAMILY RESIDENTIAL 12 DISTRICT TO R-3 MULTIFAMILY RESIDENTIAL DISTRICT (PBZ CASE 13 NO. 16-012) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes; and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace 21 the 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 24 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 25 26 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, 27 general welfare or good zoning practice requires, the assembly may, by ordinance and 28 after report thereon by the commission and public hearing as required by law, amend, 29 supplement, modify, repeal or otherwise change these regulations and the boundaries of 30 the districts;" and 31 32 WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 10 33 thru 13, Black 31, East Addition Subdivision from R2 -Two-family Residential District to R-3 34 Multifamily Residential District; and 35 36 WHEREAS, at their March 16, 2016 regular meeting, the Commission considered the 37 merits of the rezone request during an advertised public hearing, consistent with Kodiak 38 Island Borough Code 17.205.040; and 39 40 WHEREAS, fallowing the public hearing, a motion to recommend that the Borough 41 Assembly approve the rezone failed on a 3 to 3 vote; and 42 43 WHEREAS, at their April 20, 2016 regular meeting, the Commission adopted findings of 44 fact in support of the denial of the rezone; and 45 Kodiak Island Borough, Alaska Ordinance No. FY2016-26 Page 1 of 2 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 104 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 105 of 206 46 WHEREAS, pursuant to KIBC 17.205.055.13, the initiating party filed a written statement 47 with the Clerk's office requesting that the Commission's action be taken up by the Borough 48 Assembly; and 49 50 WHEREAS, at their June 2, 2016 regular meeting, the Borough Assembly directed staff to 51 draft an ordinance to rezone Lots 10 thru 13, Block 31, East Addition Subdivision from R2- 52 Two-family Residential District to R-3 Multifamily Residential District, to be introduced at 53 their next regular meeting; and 54 55 WHEREAS; at their June 16, 2016 regular meeting, the Borough Assembly advanced the 56 ordinance for public hearing at their next regular meeting; and 57 58 WHEREAS, at their July 7, 2016 regular meeting, the Borough Assembly considered the 59 merits of the rezone during an advertised public hearing, consistent with Kodiak Island 60 Borough Code 17.205.040; and 61 62 WHEREAS, following the public hearing, the Borough Assembly approved a motion to 63 adopt the ordinance rezoning Lots 10 thru 13, Block 31, East Addition Subdivision from 64 R2 -Two-family Residential District to R-3 Multifamily Residential District, finding that the 65 public necessity, convenience, general welfare, and good zoning practice would be 66 enhanced by such action. 67 68 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 69 BOROUGH that: 70 71 Section 1: This ordinance is not of a general and permanent nature and shall not 72 become a part of the Kodiak Island Borough Code of Ordinances; and 73 74 Section 2: Lots 10 thru 13, Block 31, East Addition Subdivision are hereby rezoned 75 from R2 -Two-family Residential District to R-3 Multifamily Residential 76 District. 77 78 Section 3: The Borough Assembly adopted the attached findings of fact in support of 79 their approval of the rezone. 80 81 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 82 THIS DAY OF 2016 83 84 KODIAK ISLAND BOROUGH 85 86 87 88 ATTEST: Jerrol Friend, Borough Mayor 89 90 91 92 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-26 Page 2 of 2 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 105 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 106 of 206 From: James pryor [maiRa:jlpryor@gci.net] Sent: Tuesday, June 21, 2016 9:49 AM To: Clerks Subject: FY2016-26 Dear sir or madam, I just received the notice about the possible rezoning of Lots 10 thin 13, Block 31 East Addition Subdivision from R? -two-family to R3 -multifamily residential and we are adamantly mumsed to this change in zoning. We live at 1012 Steller Way which is a quiet residential alleyway, but extremely congested. If the borough considers this change in zoning, not only will it hurt our quality of life it will negatively impact our property value. Is the borough willing to reduce the property values of all impacted properties and the subsequent property tax revenues? This is not the appropriate street to increase the density of housing in area that cannot handle an increase in traffic and parking. Blocks 12-13 currently have a derelict building owned by George Reith that has set vacant for a decade deteriorating. This is a prime piece of teat estate with an ocean view that should be utilized for a nice home. Mr. Reith has done nothing but allow this property to become an eyesore and potentially dangerous as the structure rots. At this point line property has potential to be a crack house taken over by squatters. Do not allow this property to be reszoned R3, there are much more appropriate areas in Kodiak that can accommodate this housing density. Steller Way cannot handle this potential increase in traffic and will negatively impact all current property owners. Many children play on this quiet alleyway, and an increase in traffic could place them in danger. We would hold the Borough responsible for any negative impact of a rezoning and petition for a decrease in property tax rates. Sincerely, James and Lucy Pryor 1012 Steller Way Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 106 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 107 of 206 Kodiak Island Borough W - Office of the Borough Clerk 710 Mill Bay Road a 4 Kodiak, Alaska 99615 _ Phone(907)486-9310 Fax(907)486-9391 clerks a kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday. July 7. 2016, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, East Addition Subdivision From R2 - Two -Family Residential District To R-3 Multifamily Residential District (P&Z Case No. 16-012). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks(oDkodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on July 7, 2016. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2016-26 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 107 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 108 of 206 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, East Addition Subdivision From R2 - Two -Family Residential District To R-3 Multifamily Residential District (P&Z Case No. 16-012). n ` ed h � 0 `� � �•b ry y '` ,,y y b °i,dy fi M1 n O qd5 5.� 01 {, roan vac °n °y n0 q 3 nU 'It' '� n 't $ .•� P� j �� P 3 � nn n P a . b • `• .e ry 9 6 • O �. ♦ 6 n r' � .pop aP add b �+` O0 P n 4 'l4 11 ryP nP �p Public Hearing Notice FW Subject Parcels M ao son Notification Area f` ti Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 108 of 206 AGENDA ITEM #9.D. PUBLIC HEARING FORM Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, East Addition Subdivision From R2 - Two -Family Residential District To R-3 Multifamily Residential District (P&Z Case No. 16.012). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to cierks(adkodiakak.us, taxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on Thursday. July 7. 2016. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 109 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 110 of 206 Introduced by: Borough Assembly Requested by: Owners Request I Drafted by: Community Development 2 Department Introduced: 06/16/2016 3 Public Hearing: 07/07/2016 4 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016.26 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOTS 10 THRU 13, BLOCK 31, EAST II ADDITION SUBDIVISION FROM R2 -TWO-FAMILY RESIDENTIAL 12 DISTRICT TO R-3 MULTIFAMILY RESIDENTIAL DISTRICT (PBZ CASE 13 NO. 16-012) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes; and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace 21 the 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 24 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 25 26 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, 27 general welfare or good zoning practice requires, the assembly may, by ordinance and 28 after report thereon by the commission and public hearing as required by law, amend, 29 supplement, modify, repeal or otherwise change these regulations and the boundaries of 30 the districts;" and 31 32 WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 10 33 thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential District to R-3 34 Multifamily Residential District; and 35 36 WHEREAS, at their March 16, 2016 regular meeting, the Commission considered the 37 merits of the rezone request during an advertised public hearing, consistent with Kodiak 38 Island Borough Code 17.205.040; and 39 40 WHEREAS, following the public hearing, a motion to recommend that the Borough 41 Assembly approve the rezone failed on a 3 to 3 vote; and 42 43 WHEREAS, at their April 20, 2016 regular meeting, the Commission adopted findings of 44 fact in support of the denial of the rezone; and 45 Kodiak Island Borough, Alaska Ordinance No. FY2016-26 Page 1 of 2 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 110 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 111 of 206 46 WHEREAS, pursuant to KIBC 17.205.055.8, the initiating party filed a written statement 47 with the Clerk's office requesting that the Commission's action be taken up by the Borough 48 Assembly; and 49 50 WHEREAS, at their June 2, 2016 regular meeting, the Borough Assembly directed staff to 51 draft an ordinance to rezone Lots 10 thru 13, Block 31, East Addition Subdivision from R2- 52 Two-family Residential District t0 R-3 Multifamily Residential District, to be introduced at 53 their next regular meeting; and 54 55 WHEREAS; at their June 16, 2016 regular meeting, the Borough Assembly advanced the 56 ordinance for public hearing at their next regular meeting; and 57 58 WHEREAS, at their July 7, 2016 regular meeting, the Borough Assembly considered the 59 merits of the rezone during an advertised public hearing, consistent with Kodiak Island 60 Borough Code 17.205.040; and 61 62 WHEREAS, following the public hearing, the Borough Assembly approved a motion to 63 adopt the ordinance rezoning Lots 10 thru 13, Black 31, East Addition Subdivision from 64 R2 -Two-family Residential District to R-3 Multifamily Residential District, finding that the 65 public necessity, convenience, general welfare, and good zoning practice would be 66 enhanced by such action. 67 68 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 69 BOROUGH that: 70 71 Section 1: This ordinance is not of a general and permanent nature and shall not 72 become a part of the Kodiak Island Borough Code of Ordinances; and 73 74 Section 2: Lots 10 thru 13, Block 31, East Addition Subdivision are hereby rezoned 75 from R2 -Two-family Residential District to R-3 Multifamily Residential 76 District. 77 78 Section 3: The Borough Assembly adopted the attached findings of fact in support of 79 their approval of the rezone. 80 81 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 82 THIS DAY OF 2016 83 84 KODIAK ISLAND BOROUGH 85 86 87 88 ATTEST: Jerrol Friend, Borough Mayor 89 90 91 92 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-26 Page 2 of 2 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 111 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... 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Page 112 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 113 of 206 m m m m m m m m m m m m m m m m m m m m m m m m m m m m Y Y Y Y Y Y Y Y Y Y Y Y Y Y Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q a a a a a a a a a a a a a a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y m O R m Q O 0 a o 3 j a O Z e S O m m W m m m 0 m m N U m 0 0 0 0 O 0 r FV C Q m Z a o Z a 0 C V &_ z z n nr' N a 3 0 Y O a z Z 0 0 m 2 Z w U J= Q 2 6 0 Q c 3 n Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 113 of 206 AGENDA ITEM #9.D. KODIAK ISLAND BOROUGH DRAFT AGENDA STATEMENT FOR THE JULY 7, 2016 ASSEMBLY REGULAR MEETING nu TITLE: Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, East Addition Subdivision FROM R2 -Two Family Residential To R3-Muftifamily Residential (P&Z Case No. 16-012). ORIGINATOR: Jack Maker FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: At the March 16, 2016 Planning and Zoning Commission regular meeting, the Commission held a public hearing on this request to rezone four lots from R2 -Two-family Residential to R3 - Multifamily Residential (P&Z Case No. 16-012). Following the public hearing, a motion to recommend that the Borough Assembly approve the rezone failed on a 3 to 3 vote. Findings of fact in support of the denial were adopted by the Commission at their April 20, 2016 regular meeting. Pursuant to KIBC 17.205.055.8, the initiating party fled a written statement with the Clerk's office requesting that the Commission's action be taken up by the Borough Assembly. At the June 2, 2016 Borough Assembly regular meeting, the Assembly reviewed the request and approved a motion to direct staff to prepare a rezone ordinance for Introduction at the next regular meeting. Staff prepared the ordinance for Introduction at the June 16, 2016 regular meeting. At that meeting, the Assembly approved a motion to adopt the ordinance in first reading and advance It to public hearing at the next regular meeting. Public hearing notices were sent to property owners per Borough Code. The recommended motion is move to adopt Ordinance No. FY2016-26. If Ordinance No. FY2016-26 Is ADOPTED, a Should Ordinance No. FY2016-26 FAIL, a secondary motion is appropriate which is to secondary motion is appropriate which Is to adopt the following findings of fact In support adopt the following findings of fact in support of the adoption of Ordinance No. FY2016- of the denial. 26. Findings of Fact Findings of Fact 1. The site Is adjacent to existing R3 1. The applicants have not adequately zoning and multi -family uses to the demonstrated a need or Justification west. for a rezone from R2 -Two Family 2. This rezone will recognize the Iona Residential to R3 -Mufti -family Kodiak Island Borough Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 114 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 115 of 206 KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7. 2016 ASSEMBLY REGULAR MEETING standing mufti -family uses on these Residential. parcels, which have harmoniously 2. Each of the two parcels Is developed coexisted with existing uses in the with a multi -family dwelling. Both surrounding area for over four structures are legal nonconforming decades. land uses In R2 zoning (constructed 3. The rezone is consistent with the prior to June 5, 1980). Accordingly, a historic character of the surrounding rezone to R3 Is not necessary. neighborhood. 3. A rezone to R3 would allow the 4. The rezone is consistent with the structures to be reconstructed as Urban Residential Future Land Use mufti -family dwellings should they be Designation and will further destroyed. Any such reconstruction implement various objectives of the would be subject to the regulations of adopted Comprehensive Plan. Title 17 KIBC (Zoning), including the provision of required off-street parking. Due to parcel size and topographical constraints, compliance with those requirements would likely be challenging. Accordingly, a rezone to R3 appears to provide no practical benefit to the property owners. 4. The existing zoning is consistent with the Urban Residential Future Land Use Designation and would further Implement various objectives of the adopted Comprehensive Plan. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-26. Kodiak Island Borough Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 115 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 116 of 206 REZONE PROCEDURE PER CHAPTER 17,205 KIBC Y Q 0 O 'L 1LLAOKA The Community Development Department utilizes the following procedure to process rezone applications (per Chapter 17.205 KIBC): 1. Upon receipt of a complete rezone application, the rezone request Is scheduled for public hearing before the Planning and Zoning Commission. 2. Notice of the public hearing date, time, and place is provided to the applicant and each owner of property within a minimum distance of 300 feet of the exterior boundary of the site. Notice of the public hearing is also published in the Kodiak Daily Mirror at least seven days before the hearing. 3. Staff prepares a rezone staff report with recommendation and compiles an Information packet for the Commission. 4. Typically, the information packet is reviewed by the Commission at a work session held one week prior to the public hearing. 5. During the public hearing, the applicant and any member of the public have three minutes to provide public testimony on the rezone. The Commission may ask questions of the applicant during this time. G. Upon completion of public hearing, the Commission deliberates and votes on the proposed rezone. The Commission may adopt findings of fact in support of their decision at the same meeting or defer the findings to the next regularly scheduled meeting 7. Notice is provided to the applicant advising them of the Commission's decision. Should the Commission deny the rezone, the letter Includes Information on how the applicant may request the Commission's action be taken up by the Assembly. 8. Within 30 days after the commission has acted favorably upon a proposed zoning change, a report with a recommendation to approve the rezone and a proposed ordinance are submitted to the Assembly for final legislative action. Rezone Procedure per Chapter 17.205 KIBC Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 116 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 117 of 206 PUBLIC HEARING ITEM T -C P 8 2 REGULAR MEETING: MARCH 16, 2019 KIB Location & Zoning Map w9 a 4mationamlZrinuill- wwiFUw" —thwu, Mock 31, East Addition Caseflo.l"12 Subdivision from 1112-Two4amily Residential to R-3 Mulfifmolyj 'Applicant;N&F Properties, LLC Residential IKIBC 17205). and Wilfredo and Yolanda Tab.y Affent; Stephen Foreman at NN 11 � rM1 ]5 `e. Lots Lots 12 13 4 9 AJ Lots ig 'e d*- and11 � Olt Eepe tM 4AP 3 ,]4. eu j Gb 1 . ]Ja 31 e o t�� V rr... d Legend ^ Subject Parcels Zoned R2 Zoning Legend Pudic Use Lende'. !Rural ReMdt"I Mull Family Residential light lMustMl Q Wdermsd Rural Residential Q Bieiress 0 Real Neighborhood Comrrerdal Conservation .._ single FemW Reatlenld®Raul Buelrese Urban Neighborhood Commeidd = Rval RWd.nt d �_ i Two Feldy Reddw" M rsBNdat [, Naluml Use eoNal YWa eaouan ore tanmuney baNapmen/belwdmanl ••••��uw Rwm Hy�/+mr.lwlYtw.utya (Wl)aaa-a]]T se�.,w F~raYaY�r~'a /e4r�. -''.nmomeutlNR�aMW WaYa Case No. 1"12 lntrodudlon Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 117 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 118 of 206 ti Overlay Map Image Overlay _.....MININ will lots to thru 13, Block 31, East Add Case No. 16-012 Subdivision from R2,T" family Residential to R 3 Multif Applicant N&F Progenies, LLC _ rysaltlentl+� KIBC,J7.20p).,,, _ and Wilfredo and Yclanda Tabny Agrnt. Stephen Forcmmn ja 00 + i �•^ a+nom J J J � i Lots 10 If - • �,� Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 118 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 119 of 206 rNo soya PUBLIC HEARING ITEM 7-13 ;r P & Z REGULAR MEETING: MARCH 18, 2016 t Z i <LaSKA STAFF REPORT AND RECOMMENDATION Case No. 16-012. A rezone of Lots 10 thru 13, Block 31, East Addition Subdivision from R2- Two-famll Residentlal to R3 -Multifamily Residential KIBC 17.205 . DATE: March 2, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the March 16, 2016 Regular Meeting CASE: 16-012 APPLICANT: N&F Properties, LLC and WlHredo and Yolanda Taboy AGENT: Stephen Foreman LOCATION: 910 and 914 Rezanof Drive East LEGAL DSC: Lots 10 thru 13, Block 31, East Addition Subdivision ZONING: R2-Two-famlly Residential FUTURE LAND USE DESIGNATION: Urban Residential NOTICE: Forty-eight (48) public hearing notices were mailed on February 4, 2016. One (1) public hearing notice (no comment) was returned as of the date this report was prepared. SITE VISIT: Various 1. Zoning History: • Classified as Residential R2 by the 1968 Comprehensive Plan. This zoning remains. 2. Lot Size: • Lots 10 and 11 (combined) = 8,379 sq. ft. • Lots 12 and 13 (combined) = 9,500 sq. 3. Existing Land Use: • Lots 10 and 11 = Multifamily residence (3-plex) • Lots 12 and 13 = Multifamily residence (4-plex) 4. Surrounding Land Use and Zonina: Single-family, two family, and multifamily residences zoned R2 and R3 and Institutional uses (Borough buildings, high school, middle school, and counseling center) zoned PL. 5. Comorehensive Plan: • Designated Medium Density Residential by the 1968 Comprehensive Plan. • Designated Urban Residential by the 2008 Comprehensive Plan. 6. 2008 Comprehensive Plan Future Land Use Designation Definition: Urban Residential: This designation allows for a variety of urban level residential uses. It is generally applied within incorporated cities and would allow for a mix of single-family and other types of housing Including those allowed in the Rt, R2, R3, and SRO zones. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: Can Na. 16012 SUR Report aM RacvmmaMatiw Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 119 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 120 of 206 N PUBLIC HEARING ITEM 7-P P S Z REGULAR MEETING: MARCH 16, 2019 r f Mb 'i ALASKA 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 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 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 changesl 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 request to rezone four lots from R2 -Two-family Residential to R3 -Multifamily Residential. The four lots In question have been developed as two parcels since the late 1960's (Lots 10-11 as one parcel and Lots 12-13 as the other). A mufti -family residence is established on each parcel (3-plex on Lots 10-11 and a 4-plex [3-plex with a forth dwelling unit above a detached garage] on Lots 12-13). Both structures are legal nonconforming uses in R2 zoning (constructed prior to June 5, 1980). Each structure crosses the property line that separates the two respective lots. In each Instance, the two lots are under contiguous ownership and share common right-of-way frontage. In this situation, the two lots are considered to be an undivided parcel for the purposes of zoning (per letter from Jamin, Ebell, Bogler, and Gentry dated August 5, 1988). Rezoning the parcels to R3 will extinguish the nonconforming uses and allow for expansion of the existing multi-famlly residences through the construction of additional dwelling units, Exhibit A Case No. 16412 Staff Report and Recornmendaticn Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 120 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 121 of 206 PUBLIC HEARING rrEM 7-13 P S Z REGULAR MEETING: MARCH 18, 2018 *.- provided all requirements of current zoning code could be satisfied. The rezone would also allow both structures to be reconstructed as multi -family residences should either structure ever be destroyed by fire or other means (prohibited as currently zoned). It is Important to note that this rezone will not bind the applicants to the existing multi -family dwelling use. Once rezoned, any use permitted in R3 zoning may be established on either of the parcels. COMPATABILITY OF LAND USES The site Is adjacent to R3 zoning and uses to the west. The subject parcels are developed with long standing mufti -family residences that have harmoniously coexisted with existing uses In the surrounding area for over four decades. Accordingly, a rezone to R3 would be consistent with the histodc character of the surrounding neighborhood. LAND SUITABILITY The double frontage parcels are accessed from a minor arterial roadway (Rezanof Drive East) at the front and a local roadway (Stellar Way) at the rear. They are served by municipal water and sewer, and meet R2 zoning area and width requirements. Although the parcels have accommodated the mufti -family residences for more than four decades, they are encumbered by steep sloping topography that slopes away from Rezanof Drive. Accordingly, any expansion or change in use that would require the development of additional off-street parking would be challenging. RECENT DEVELOPMENT TRENDS IN THE AREA The area has few vacant lots. Accordingly, residential development has been negligible for some time. The most recent development in the area was the high school expansion project. TRAFFIC IMPACTS The site is accessed by a minor arterial road at the front and a local roadway at the rear. The roadways have proven capable of accommodating the traffic generated by the existing multifamily residences. The roadways are also capable of accommodating traffic generated by the full range of uses permitted In R3 zoning, should the current use ever be expanded or changed. COMPREHENSIVE PLAN CONSISTENCY A rezone to R3-Muttlfamlly Residential is consistent with the Urban Residential Future Land Use Designation. The rezone is also consistent with the following goals, policies, and implementation actions of the adopted Comprehensive Plan: • Land Use Goal. 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 zoning, buffering, design standards, and other means. • Policy., Zone land to meet future housing, commercial, industrial, and other land needs. o Implementation Actions: 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 Case Na. la -012 alert Report 61M RemmmerMalion Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 121 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 122 of 206 PNn aqe PUBLIC HEARING ITEM 7-13 9 P 8 Z REGULAR MEETING' MARCH 16, 2016 A rt 0 tts+ 01 atnsKn 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. • Housing Goal. Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. • Policv.. In partnership with local communities, Tribal councils, Native Corporations, the Kodiak Island Housing Authority, and others, help ensure that there is an adequate supply of developable residential land to meet long-term housing needs throughout the Borough, including senior housing. 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. Case No. 16412 Staff Report and Rernrnmendabon Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 122 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 123 of 206 No eoq PUBLIC HEARING ITEM 7-D 9 P & Z REGULAR MEETING: MARCH 16, 2016 t a r!w p .. -L gLgSNq RECOMMENDATION Staff recommends that 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 Lots 10 thru 13, Block 31, East Addition Subdivision from R2 -Two- family Residential District to R-3 Multifamily Residential District and to adopt the findings of fact listed in the staff report entered Into the record for this rase as "Findings of Fact" for Case No. 16-012. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The site is adjacent to R3 zoning and uses to the west. 2. This rezone will recognize long standing multi -family residences that have harmoniously coexisted with existing uses in the surrounding area for over four decades. 3. The rezone is consistent with the historic character of the surrounding neighborhood. 4. The rezone Is consistent with the Urban Residential Future Land Use Designation and will further implement various objectives of the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No. 16.012 Stall own and Recommendation Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 123 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 124 of 206 PUBLIC HEARING ITEM 7.0 P & Z REGULAR MEETING. MARCH 16, 2016 Exhibit A JAMIN, EBELL, 13OLGER 5 GENTRY ATTORNEYSAT LAWC. S /1. rr [w O.ye c[xr[n Av[x.. Suri[ eoa [[C.Mox[ Licn unELL [ ". o. eo" •.ev e acLccnr sen :. no mwx,wuecw vvm& •ee...,. August 5, 1986 Linda Freed Kodiak Island Borough 710 Mill Bay Road Kodiak Island Borough RE: Ardinger Complaint Dear Linda: This letter is a followup to my memo concerning building on lot linea in response to our telephone conversation last week. You were entirely correct in pointing out that Kodiak Island Borough Code 517.36.030 implicitly authorizes a land owner to build over a lot line in the situation where two or more lots or portions of lots with contiguous frontage in single ownership do not meet the requirements for lot width and area as established by the zoning code. In this situation the iota are considered to be an undivided parcel for the purposes of zoning. Therefore the setback requirements would not apply to forbid the erection of a residence across lot linea in this situation. I did considerable research concerning the validity of the restriction on sale of a portion of the unified parcel which is formed by two or more lots in single ownership when one or more of the lots is deficient in lot width or area. The majority of caselaw an the subject has sustained the validity of an ordin- ance which defines two contiguous lots of record to be one lot for purposes of zoning when one or more of the lots is insuffic- ient lot size and in common ownerahip. Based on the caeelaw, and the clear language of KIBC 17.36.030 you would he correct in informing a land owner that sale of any portion of such a parcel which leaves remaining a lot with width or area below the requirements of the zoning code is forbidden. To summarize, there are no setback requirements in the present definition of the "busine as district" which would forbid the erection of a building across lot lines in the situation where adjoining lots are in common ownership. Generally, the setback requirements of the various "residential" districts would render it illegal for a residence to be built across lot lines. In the situation where there are two or more lots with 86 SCANNEDAUG 6 SW Casa No. 16412 Staff Report and Recommendation Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 124 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 125 of 206 PUBLIC HEARING ITEM 7-D P a 2 REGULAR MEETING: MARCH 16, 2016 Linda Freed August 5, 1986 Page 2 contiguous frontage in single ownership and if all or part of the lots do not meet the requirements for lot width and area as establishedby the zoning code, then the lands are considered to be an undivided parcel for zoning purposes and a building across the platted lot lines would be allowable. Please do not hesitate to contact me if you have any questions concerning theme provisions. Sincerely yours, JAMIN, EBELL, BOLGER a GENT �Y n — A—A4 P141"— Sl Joel H. Bulge Attorney JHB/vkb Case No. 16-(112 Staff Report and Remmmandation Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 125 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 126 of 206 PUBLIC HEARING ITEM 7-D P a Z REGULAR MEETING'. MARCH 16, 2016 Introduced by: Borough Manager Requested by: PaZ Commission I Drafted by: Community Development 2 Introduced XX/XX/2016 3 Public Hearing: 4 5 Adopted: 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2016-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOTS 10 THRU 13, BLOCK 31, EAST 11 ADDITION SUBDIVISION FROM R2 -TWO-FAMILY RESIDENTIAL 12 DISTRICT TO R-3 MULTIFAMILY RESIDENTIAL DISTRICT (PBZ CASE 13 NO. 16.012). 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough excercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes; and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6. 2007 (Ordinance No. FY2008-10) to replace 21 the 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 24 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 25 26 WHEREAS, KIBC 17.205.010 provides that "Whenever the public necessity, convenience, 27 general welfare or good zoning practice requires, the assembly may, by ordinance and 28 after report thereon by the commission and public hearing as required by law, amend, 29 supplement, modify, repeal or otherwise change these regulations and the boundaries of 30 the districts;' and 31 32 WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 10 33 thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential District to R-3 34 Multifamily Residential District; and 35 36 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 37 17.205.040, the Commission considered the merits of the rezone request; and 38 39 WHEREAS, the Commission voted to recommend to the Borough Assembly that Lots 10 40 thru 13, Block 31, East Addition Subdivision be rezoned from R2 -Two-family Residential 41 District to R-3 Multifamily Residential District finding that the public necessity, 42 convenience, general welfare, and good zoning practice would be enhanced by such 43 action; and 44 45 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 46 and approved by the Borough Assembly. 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 49 BOROUGH that: 50 Kodiak Island Borough, Alaska Ordinance No. FY2016-XX Page 1 of 2 Case Na. 16402 Drab ordinance Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 126 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 127 of 206 PUBLIC HEARING ITEM 7.0 P & z REGULAR MEETING: MARCH 16,2D16 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: Lots 10 thru 13, Block 31, East Addition Subdivision are hereby rezoned 55 from R2 -Two-family Residential District to R-3 Multifamily Residential 56 District. 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS DAY OF 2016 60 61 62 KODIAK ISLAND BOROUGH 63 64 65 66 Jerrol Friend, Borough Mayor 67 68 ATTEST: 69 70 71 72 Nova M. Javier, MMC, Borough Clerk 73 74 Kodiak Island Borough, Alaska Ordinance No. FY2016-u Page 2 of 2 Case No. 16-002 Draft Ordinanr< Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 127 of 206 AGENDA ITEM #9.D. PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING'. MARCH 18, 2018 Kodiak Island Borough Community Development Department 710 MITI Bay Rd. Rm 205 KndiakAK99615 Ph, (907)486-9381 Fax (907) 486- 9396 htto://www.kodiakakus (v94? PROP_ID 1gj0P Application for Rezone KIBC 17.205 ICo-()t2- The following Informailon Is to be supe led by the Applicant: Property Owner Applicant N&F Properties/ SK Foreman/ TK Nussbaum& Wilfredo and Yolanda Taboy Mailing Address: 1944 E Rezenof Dr. Phone Number. 907 654 9653 OtherC.Mact email, etc s4menS861holmail.com LegalDescription: Subdv. East ADD Block 31 Lot 10-13 StreetAddress: g14 E Rezanol Dr. & 910 E Resanoi Dr. Cunen[Zoning: R2 WBC 17.80 Pmposed ZOning: R3 KISC 17.85 AppikableComprelremivePlan: A Kodiak Island Comprehensive Plan Update 2008 Explanation of the need &justification fora change oramendmentofzoning: Both of the R2 zoned parcels subject to this request conlaln long established multifamily residences that are legal nonmmformities (grandfathered). Rezoning the parcels to R3 would extinguish the nonconforming uses and allow for expansion of the exisllrg multifamiN dwelling units thmugh the construction of additional units, provided all requirements of current zoning code could be satisfied. The rezone would also allow both structures to be ramnstmcled as multifamily dwelling units should either structure ever be destroyed by Bre or other means (prohibited by current zoning mde). The rezone to R3 would also be consistent with adjacent R3 zoning and established uses to the west. gnIFued qn reveme Case No. 16-012 Application Package Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 128 of 206 AGENDA ITEM #9.D. PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: MARCH 16, 2016 Explanatc n afthe effect such a change or amendmentwould haveon the objectives of theapplicable comprehensive plan: The rezone request Is consistent with various goals, policies, and Implementation actions of the adopted Comprehensive Plan. particularly those pertaining to the provision of an adequate supply of housing for Borough residents. CDD Staff Car0lfiotion 7 Date. 2_ I — I L� COD Staff: Payment Verification Fee Payableln Cashiers Office Room a 104- Main floor of Building 18BC 17.20SD30 Manner of InitMtion. Changes In this title may beinitlated In the following manner. A.The assembly upon Its own motion: B. The commission upon Its own motion C By petition Less than 1.75 acres. 1.76 to 5D0 acres: 5.01 to 40.00 auas: 40.01 acres or mote: Coxa N. 16-012 Application Package r Wsiveroffes r Waiver o/fw /�� ISR 5350-00 ®®B® r $750.00 PAID r S1,ow.00 FEB 011 ' F- $1"do.0ROolAKISLUCROUGH FlNANCEDEPARTMENT Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 129 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 130 of 206 PUBLIC HEARING ITEM 7.0 P 8 Z REGULAR MEETING'. MARCH 16, 2016 AAA Island Borough A Kodiak A A n Community Development Department � T 71 D Mill Boy Road Room 205 4 ,. o.,. - fir. 1 Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us February 4, 2016 Mr. Steven Foreman 1944 E Renner Drive Kodiak, AK 99615 Re: Case 16-012. Request a means of Lots 10 thm 13, Block 31, East Addition Subdivision from R2 - Two -family Residential to R-3 Multifamily Residential (KIBC 17.205). Dear Mr. Foreman: Please be advised that the Kodiak Island Borough Pinning and Zoning Commission hos scheduled the case referenced above for Public Hearing at their Match 16, 2016 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatary but recommended. One week prior to the regular meeting, an Wednesday, Match 9, 2016 at 6:30 p.m. in the Borough Conference Room (8121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and sniff summaries of taus scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session Is not fur the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Melling and present such information in person. Please contact the Community Development Department at 466.9363 it we can answer any outstanding questions or provide additionalinformation. In advance, thank you for your cooperation. Sincerely, VrsYAs ��In^ \. Sheila Smith, Secretary Community Development Department CC: Wilfredo & Yolanda Taboy N & F Properties Casa No. 16-012 Public Comment Package Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 130 of 206 AGENDA ITEM #9.D. PUBLIC HEARING ITEM 7-1) P a Z REGULAR MEETING: MARCH 16, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 www.kodiakak.us iA public hearing will be held on Wednesday, March 16, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island iBorough Planning and Zoning Commission, to hear comments if arty, on the following request: CASE: 16-012 APPLICANT: N&F Properties, LLC / Wilfredo and Yolanda Taboy AGENT: Stephen Foreman REQUEST: A rezone of Lots 10 than 13, Block 31, East Addition Subdivision from R2 -Two- family Residential to R-3 Multifamily Residential (KIBC 17.205). LOCATION: 910 and 914 Rezanof Drive East ZONING: R2 -Two-family Residential This notice is being sent to you because our records indicate you are a property owna/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written cu mments must be received by 5 nm. Tuceday. March 2. 2016 to be comidered by the earn mission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmithnkodiakak.It. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The haul call-in telephone number is 486-3231. The toll free telephone number is 1455.492.9202. One week prior to the regular meeting, on Wednesday, March 9, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (k 121), to review the packet material for the core. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal rights, please feel free to call us at 486.9363. Your Nam: Mailise Addrevv Your property d:rrlplion: Comment. Care No. 18.012 Public Comment Package Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 131 of 206 AGENDA ITEM #9.D. PUBLIC HEARING ITEM T -D P & 2 REGULAR MEETING: MARCH 18, 2018 Case 16-012 Location Request an rezone of Lots 10 thru 13, Block 31, 910 & 914 E. Resanof Drive East Addition Subdivision from 112 -Two-family Applicant Residential to R-3 Multifamily Residential N&F Properties, LLC / Wilfredo and (KIBC 17.205). Yolanda Taboy P O - M 0 9 ^ r 98 err 0 „ �P y1 ,ti y y k e Egen WaY en - °may{° IIr��°< 9 + ry .1z �P eta P V PK 41 ,y yp 'Y 1P�� .n m � 0 ,P a`0 a 1yP y m �Pti ^y y •-�wk 1P ip ^1 Q^y0 r,P ti Public Hearing Notice L coniSubjectect Parcels pi`S'VtB 0 225 450 M Notification Area &wl.k LLna e.mpn gu MIP:IAYww .leYak.ual& (Bg�.Ba 9]]1 Communky Dweopmup Dpa"wi TM mm MP d.l w pu — ^ eeYneNn%IinmbeMmy4Pgr.pannWm.. �.J Umm�Yrvtlae ngl�t el Waya C.. No. 18-012 Public CPmment Package Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 132 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... 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PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 16, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Boy Road, Kodiak, Alaska 99615 (907)486-9363 www.kodiakak.w FemarY4.2016 Public Hearing hem 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 16, 2016, The meeting will begin at 6:30 p.m. In the Borough Assembly Chambers. 710 Mill Bay Road, Kodial; Alaska, before the Kodiak Island Borough Planning and Zoning Commission. to hear comments irony. on the followin request: CASE: 16-012 APPLICANT: N@F Properties, LLC I Wilfredo and Yolanda Taboy AGENT: Stephen Foreman REQUEST: A rezone of Lou 10 thm 13, Block 31, East Addition Subdivision from RI -Two- family Residential to R-3 Multifamily Residential (KIBC 17 205). LOCATION: 910 and 914 Rezanaf Drive East ZONING: R2 -Two-family Residential This Write is being sent to you because ow records indicate you are o property osmer'tnmm ed party in the was, of the resume. tryout do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department . Writ, en eomments must M received by 5 nm. Tuesdxv, march 2. 2016 to Iw ann.Metter by the eommixian. Ifyau would like to fax your comments to to, our fax number is: (907) 486-9396, or you may email your comments to ssmith2kodiakak.m. If you would like to testify via telephone, pleme call In year comments during the appropriate public hearing section of the numing. The coral rI telephone number is 486.2231. The toll rme telephone number Is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, March 9,'--016, a work session will be held at 690 p.m. In the Kodiak Island Borough Can leeseme Room (11121), to review the packet material far the case. Kodiak Island Borough Code provides you with specific Appeal rights if you disagree with the Commission's decision on this request. ifyou have any questions About the request or yaw appeal righu, pleat feel free to toll us at 486-9363. 2.arn..w:�rr,.,a.�JQn4y lira_ P, MA1IIgA -444 a431 99 R'0 Al.. Ido I �' lerr ww .m arwdano.: {trsdr li-�{F51. Srlt,v,r rel.wpl2,c c.mwnt: //JJ 11 17lvyieyLA F'— Case No, 16-012 Public Comment Package Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 135 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 136 of 206 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES APPLICABLE TO CASE NO. 16.012 D) CASE 16.012. The applicant is N&F Properties, LLCIWilfredo and Yolanda Taboy and the agent is Stephen Foreman. Request a rezone of Lots 10 lhru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential to R-3 Multifamily Residential (KIBC 17.205). The location is 910 and 914 Rezanof Drive East and the zoning is R2 -Two-family Residential. Note: 48 public hearing notices were mailed on December 15 and 1 response was received. COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lots 10 lhru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential District to R-3 Multifamily Residential District 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. 16-012. Maker stated this is a request to rezone four lots from 112 -Two-family Residential to R3. Multifamily Residential. The four lots in question have been developed as two parcels since the late 1960's, which is explained more thoroughly in the written staff report. A multi -family residence Is established on each parcel. Both structures are currently legal nonconforming uses in R2 zoning. Rezoning the parcels to R3 would be an extension of adjacent R3 zoning to the west of the site. The rezone would extinguish the non -conforming uses and allow for expansion of the existing multi -family residences, provided all requirements of current zoning code could be satisfied. The rezone would also allow both structures to be reconstructed as multi -family residences should either structure ever be destroyed by fire or other means, which is prohibited as currently zoned. It is Important to note that the rezone will not bind the applicants to the existing multi -family dwelling use. Once rezoned, any use permitted in R3 zoning may be established on either of the parcels provided all requirements of current zoning code could be met. The rezone is consistent with the objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Borough Code for amendments and changes. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. COMMISSIONER PAINTER slated other than the non -conforming use, they have essentially taken, and these are two different applicants applying for the same thing, so there's a line from facing the school from this lot, either Lot 10 or 13 past all the way down is R3, and then it starts Lots 13, 12, 11, 10 which is the four we are talking about and all the way down is R2. So what they are saying is we want to be R3 even though the lot sizes are so small, we're talking 4000 sq. feet and then you can go up to twelve units in R3, then you have parking to contend with. COMMISSIONER PAINTER is for progress but she doesn't see how this is doable, and she thinks we're giving something that makes no sense. If they were to delineate the lot lines and make Lots 10 and 11 one lot and rezone to R3, and then tum Lots 12 and 13 into one lot and rezone, that's one thing but what they are asking for Is four lots that are 4000 feet essentially with one being 4500, they want Individual R3's for those lots and she's wondering where all the parking Is. Because there's no site plan, no discussion on parking, It's yes they want but what have they produced to show any plans at all other than they want to rezone. Director Pederson stated first of all each property owner owns two lots and the structure straddles the property line so by operation of code and long standing legal opinion In the borough they are de -facto replatted Into one lot so as long as that structure remains they are treated as one lot for alt purposes, for subdivision purposes, for assessment purposes, and all those things. Only if the structures were to bum down and be destroyed then they would be considered separate lots and they would have to vacate it to rebuild over the lot line or potentially rebuild on the individual lots but they wouldn't be able to get more than one unit because there is a minimum square footage per dwelling unit in the R3 zoning district. Even in the event they burned down and they wished to redevelope the four lots separately It looks to be that they would only be the size to gel one or maybe a duplex but none of the four lots would be Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 6 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 136 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 137 of 206 big enough to get a three-plex on If the existing lots were burned dawn or removed. There's no requirement to show any future development plans In a rezone because you can't condition the rezone, the fundamental Issue here is they are grandfathered and they are legally non- conforming. Every so often fairly routinely we get requests from realtors, title companies, or Insurance companies wanting a letter that if this bums down could they rebuild it when It's non- conforming and we can't give them that letter because the code is very clear that If it's destroyed In that fashion it could only be rebuilt in accordance with code so that sometimes creates a financing or Insurance problem for folks. The only way to cure that is to rezone it. There are already multi -family structures on each lot and Maker went into some detail during the work session about the parking spaces there and the number of units. In a practical sense it would be very difficult to add another unit to either lot because of the parking restrictions. That would be a limiting factor but It helps both property owner's with the structures they have today. Maker stated should the rezone be approved and either of the buildings destroyed any reconstruction would have to meet the requirements of current code Including all the parking requirements. As Director Pederson said if they do not vacate those lot lines they would not be able to gel more than maybe a duplex, and he even doubts a duplex but a single-family residence because you have to have three off-street parking spaces. Both buildings right now are grandfathered with less parking than required and the expansion would require w additional spaces per unit and all the maneuvering area has to be on that property so it would be a challenge as he pointed out in the staff report to develop parking for any expansion of these units. One of the big things is that they could be reconstructed as a triplex and during that reconstruction process he spoke with the Building Department, they would be required to vacate the line because of the fact that now they cant Issue a building permit to go over that line without firewalls down the middle of It, and if they were destroyed only a duplex would be able to go on each parcel that means that you would be losing an extra rental unit In Kodiak. CHAIR ARNDT said Maker went over it but he doesn't see It attached in the packet is a parking plan but you had talked about it. ARNDT was trying to figure out how and where they are going to park. First he would like Maker to go over that again and then answer the question as to why there's not a parking plan submitted. Maker stated there is no record of zoning compliance on the construction of these because they have been around so long, there's no parking plan in either property rile. He did slate last time that the one tri-plex is grandfathered with three off-street parking spaces. The other four-plex is actually a tri-plex with an apartment above an attached garage. The td-plex is grandfathered with three off-street parking spaces. The apartment Is grandfathered and was built in 1978, at that time the code required two off-street parking spaces. No parking plan Is on file. This will make the use conforming but they will still be non -conforming due to the parking. If they were ever destroyed or they want to expand they would have to bring in a parking plan showing their grandfather parking and the two additional parking spaces per unit. He can only see the possibility of maybe one of them adding one unit In the bottom of that garage in the four-plex but It will take extensive excavation with retaining walls in order to Improve the yard and provide those additional parking spaces and the maneuvering area where they don't back out onto the dghl-of-way. It would be very difficult for them to expand where the possibly lies Is if they were ever destroyed and rebuilt then they would have to have the required parking. In response to CHAIR ARNDT's inquiry of is there anything in the file on either of these properties where there had been any letters sent by the borough. Maker staled yes, he can't give the exact date but he can say that former Planner Martin Lydick did the research and verified they are both grandfathered and those letters are in each property file. In response to CHAIR ARNDT'S Inquiry of about how long are you thinking, Maker said he would say in the 90's. In response to COMMISSIONER PAINTER'S Inquiry regarding the application whet Is it they want, what is it they are trying to accomplish, is it because they can't get Insurance, what are Kodiak Island Borough Planning 8 Zoning Commission Minutes March 16, 2016 Page 7 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 137 of 206 AGENDA ITEM O.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 138 of 206 they trying to clean up, and essentially what it says is this would allow an expansion of the exalting multi -family dwelling units through construction of additional units so their plan is to Improve the property by Increasing the units, and the two different ones-N&F Properties and Wilfredo and Yolanda Tabby are two separate owners with one owning Lot 10 and 11 and the other owning Lots 12 and 13. So both separate parties are planning to do the same thing according to this application, can you clarify that, Maker said he will say that there has been no permits been put in because they wouldn't be able to do that, When N&F Properties approached him this was their idea. Maker explained to them that parking was going to be an extreme challenge and he also explained to them one of the advantages even if you weren't able to expand would be the fact that you could rebuild as a tri-plex or multi -family residence provided you met all the requirements of current code. He clearly explained to him that parking was going to be a challenge. The neighbors joined in on the rezone because N&F Properties approached Maker who said it would be unlikely we would recommend approval If it went R3, R3, R3, R2, R3. The Taboys felt it was worthwhile due to the fact that they could rebuild and It is a big thing with regards financing when they come in they can't get financing because it can't be rebuilt as a tri-plex, it would have to be rebuilt as a duplex. That's one of the advantages right there If they ever wanted to sell they avoid that difficulty with receiving financing and if it's ever destroyed it could be rebuilt as multi -family residence. Director Pederson stated our standard caveat that we would in any rezone regardless of what the intent may be, the rezone is appropriately evaluated under consistency with the Comp Plan and any of the permitted uses or the R3 district could be possibly sought by an applicant and as in any case any other property they would have to demonstrate compliance with the code In order to gel a zoning compliance for any of uses. COMMISSIONER PAINTER said she wants to do this to help people but it's almost like you know I want to rezone just in case something happens. She's having a difficult time saying yes to this because there's nothing specific, no real plan, there's once upon a time this could happen and then if we rezone everything Is fine. Everthing is fine now; they are grandfathered and nothing has happened. She could see if something happened and there needed to be a change but you are wasting our time. Maker pointed out that the rezone recognizes these long standing non -conforming uses that have harmoniously co -existed within the area for decades. COMMISSIONER PAINTER stated along with the other twelve to fifteen along that street right next to them, why don't we just give It to all, blanket all the through if it's this great need. It's going to this one, the next one, the next one, and then parking and parking and parking. Again It's almost like we are saying let's do this so just in case something happens. She is against this and will be voting no. Open public hearing: None Close public hearing: ROLL CALL VOTE ON MOTION FAILED 3.3. The ayes were COMMISSIONERS ARNDT, ALTENHOF, and SCHMITT. The noes were COMMISSIONERS BALDWIN, PAINTER, and SPALINGER. E) 3. The applicant is the Kodiak Island Borough. Request ensive Plan Amendme a the Future Land Use Desi eaview Subdivision and l -ash Dock Tidelen o surveyed fractional Section 21, Township 28 South, Ran eyed from Conservation to Industrial/Light IBC 17.205). The looetlon anof Drive and the zon "trial. Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 8 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 138 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 139 of 206 Kodiak Island Borough rz Community Development Department m m 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax (907)486-9396 www.kodiakak.us March 18, 2016 Mr. Steven Foreman 1944 E. Rezanof Drive Kodiak, AK 99615 Re: Case I6-012. Request a rezone of Lots 10 thm 13, Block 31, East Addition Subdivision from 112 -Two-family Residential to R-3 Multifamily Residential (KIBC 17.205). Dear Mr. Foreman: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on March 16, 2016 failed your rezone request cited above. According to KB3C 17.205.055.B: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party files a written statement with the Borough Clerk requesting that the commission's action be taken up by the borough assembly. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely%� Robert H. Pederson, AICP Director, Community Development Department CC: Bill Robert, Acting Manager Nova Javier, Borough Clerk Planning and Zoning Commission Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 139 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 140 of 206 R R Kodiak Island Borough RR r Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Memorandum Date: April 15, 2016 To: Planning and Zoning Commission From: Community Development Department RE: Adoption of findings of fad for Case No. 16-012 At the April 13, 2016 work session, the Commission requested staff review of the findings of fad provided by Commissioner's Painter and Baldwin for Case No. 16-012'. Staff reviewed and revised the findings, which are presented for Commission consideration In the below recommendation and appropriate motion. RECOMMENDATION Staff recommends that the provided findings of fad supporting the denial of the rezone be adopted through the following motion. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt the following findings as "Findings of Fact" for Case No. 16-012. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The applicants have not adequately demonstrated a need or justification for a rezone from R2 -Two Family Residential to R3 -Mufti -family Residential. 2. Each of the two parcels is developed with a mufti -family dwelling. Both structures are legal nonconforming land uses in R2 zoning (constructed prior to June 5, 1980). Accordingly, a rezone to R3 is not necessary. 3. A rezone to R3 would allow the structures to be reconstructed as mufti -family dwellings should they be destroyed. Any such reconstruction would be subject to the regulations of Title 17 KIBC (Zoning), including the provision of required off- street parking. Due to parcel size and topographical constraints, compliance with those requirements would likely be challenging. Accordingly, a rezone to R3 appears to provide no practical benefit to the property owners. 4. The rezone is consistent with the Urban Residential Future Land Use Designation and would further implement various objectives of the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends denial of this rezone. ' Ftl IW A Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 140 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 141 of 206 OLD BUSINESS ITEM S-A P 62 REGULAR MEETING: APRIL 20, 2016 Kodiak Island Borough e e Community Development Department 710 Mill Bay Road ft Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakek.us Memorandum Date: March 23, 2016 To: Planning and Zoning Commission From: Community Development Department RE: Adoption of findings of fad for Case No. 16-012 At the March 16, 2016 regular meeting, the Commission denied the rezone of Lots 10 thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential to R3 -Multifamily Residential (Case No. 16-012). The staff report for this case recommended the rezone be forwarded to the Assembly with a recommendation for approval and listed findings of fact supporting a favorable recommendation. Accordingly, the Commission must provide findings of fact In support of the denial. The attached findings of fact' are provided by Commissioner Painter for consideration by the Commission. RECOMMENDATION Staff recommends findings of fact supporting the denial of the variance be adopted through the following motion. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt the following findings as "Findings of Fact" for Case No. 16-012. This motion should be followed by reading the decided upon findings of fact Into the record for this case. Exhibit A Cam No. 16-012 Advil= of Findings of Fad Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 141 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 142 of 206 OLD BUSINESS ITEM B -A P & Z REGULAR MEETING. APRIL 20, 2016 Exhibit A 03-21-2016 To: Sheila Smith and Bob Pederson, From: Marla Painter and Jay Baldwin Here are the findings of fact In the denial of KIB Case number 16-012 to rezone lots 10,11,12 & 13, Block 31, East Addition Subdivision from R -2 -Two Family Residential to R-3 Multifamily Residential. Please Include this In the appeal packet for the Assembly as presented. FINDINGS OF FAR 1) Both structures on lots 10,11,12 & 13 are Legal nonconforming uses In the R-2 Two Family Residential District and can remain as a nonconforming use. 2) The site Is adjacent to and part of the R-2 Two Family Residential District that has misted as R-2 Two Family Residential for over four decades. 3) The four subject lots are not being denied the right to be used for R-2 Two Family Residential. 4) The applicant has not produced evidence of special circumstances justifying a rezone. 5) The Comprehensive Plan is a general policy guideline that does not specifically addressthe Issues of rezones. 6) Concerns about parking and vehicle traffic generated were not addressed by the applicant. 7) The commission does not believe that the four subject properties are appropriate for an R-3 Multifamily Residential zoning due to the current location and placement of buildings and what appears to be a lack of available parking. jIL� j� II MAR 2 1 2016 CC 'Ic"Irl raLOW If rn7 lJ� Case N. 16-012 Atlaph.n of FhdnaS of Fact Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 142 of 206 AGENDA ITEM #9.D. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES APPLICABLE TO THE ADOPTION OF FINDINGS OF FACT FOR CASE NO. 16-012 mplele without the updated ASR plus we need to answer commission questions from 13'" work session. We would like to request our hearing be delayed until May 16'" 1111, ARNDT requested Sheila Smith read Into the record the comments fro Smith readViis email and letter into the record. Kevin Arndt sed they implement putting the tower i next to his property condition on it al th call it public safety not, with the lower he had in mind 10 one was resdidenti doesn't know why t there but they felt doesn't see the fall didn't have to at this point He would reco these fall zones to be within the property. t that have them but to Implement It for futt doesn't understand this but again he asked fare a commission, t time, they were it all the way over reason there's not a into play, you could s property. He would were four things that ere commercial, and I completely. He the fall zone was not e right next to it. He bac which maybe they othal P&Z look at a code change to a lot for s that right now everyone is grandfathered It should be within your own property. He fission to put this on as a condition. he sent In a letter conceming this third time coming be a condition That the fall zone be within their property. At e middle of the property, and then this time they mov li knowing there was already a condition but for so is 'n1. Arndt requested that the condition Is put ck due to a fact that It limits him on what he can d on hi fight the put in a housing residential comply . There do there, o being a trailer court, and the Ar two w al. At this p ' L he would have to take at off the hey would mo it away from an existin Ouse so that it was OK tom it to someone a 's property lin zone radius even owing for the roperty In the ba Close public hearing: COMMISSIONER PAINTER wanled to rift' one thin hat was mentioned at the work session and was misunderstood. Puhlic sof and frequency- re's enough data that she couldn't speak on that because the FCC anages those licens and frequencies. What she was speaking to was the possibility o a etcommunicagons syste hat could cause radio frequency Interference with public safety mmunlcations. A lot of other c munities require that a stamp or sealed analysis prepared a registered professional engine licensed in their state do an affidavit or something to t effect that says it would not becau it would be really costly. She's not saying we h to do that but that was what she was m tioning and was turned around. When she fir thought about this case she was really wanting to be in the center of the property becau of the fall zone, and someone just mentioned that If i as a fifty foot tower put on the pro line, there's no Issue because It's within the height it so she's tom between that s emenL if it was a fifty foot monopole on the property line or r It, there's no requirement e%use there's nothing in our code. She agrees with what Kevin A t said, but a sixty -save Dot tower is above and beyond the height limits so those are the thing e're going to have cuss. SPALINGER MOVED to postpone to the June 15, 2016 Planning meeting. CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Case 16.012. Adoption of Findings of Fact in support of the Commission's denial of a rezone of Lots 10 thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential to R-3 Multifamily Residential (KIBC 17.205). Director Pederson stated Maker prepared this memo dated April 1V recommending Findings of Fact in support of the denial of the rezone and he proposes five findings of fact for your consideration. He said the applicant has requested the assembly review this action of P&Z and it will be scheduled as soon as P&Z adopts findings of facts. Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 3 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 143 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 144 of 206 COMMISSIONER BALDWIN MOVED to following findings as "Findings of Fact" for Case No. 16-012. COMMISSIONER BALDWIN MOVED to amend the motion Finding N4 to read "The existing zoning is consistent with Urban Resiential Future Land Use Designation and would further Implement various objectives of the adopted Comprehensive Plan." FINDINGS OF FACT (KIBC 17.205.020.A•C) 1. The applicants have not adequately demonstrated a need or justification for a rezone from R2 -Two Family Residential to R3-Multi-famlly Residential. 2. Each of the two parcels is developed with a multi -family dwelling. Both structures are legal nonconforming land uses in R2 zoning (constructed prior to June 5, 1980). Accordingly, a rezone to R3 is not necessary. 3. A rezone to R3 would allow the structures to he reconstructed as multi -family dwellings should they be destroyed. Any such reconstruction would be subject to the regulations of Title 17 KIBC (Zoning), including the provision of required offstreet parking. Due to parcel size and topographical constraints, compliance with those requirements would likely be challenging. Accordingly, a rezone to R3 appears to provide no practical benefit to the property owners. 4. The existing zoning is consistent with the Urban Residential Future Land Use Designation and would further implement various objectives of the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends denial of this rezone. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, BALDWIN, ALTENHOF, PAINTER, AND SPALINGER. The noe was COMMISSIONER SCHMITT. EW BUSINESS A) se 116-015. Request a screening review for construction of a hotel on a B•B eas zon lot that is adjacent to residential zoning and uses. The applicant pr ses the use o 'tall evergreen shrubs as adequate screening (KIBC 17.90.0 ,Location: 203 Alder a and 218 Rezanof Drive West). COMMISSIONER B WIN MOVED to approve the use of 4' evergr shrubs as adequate screening for a hotel on t 20, Alder -Natalia Subdivision and Lo A through 2C, Block 19, Kodiak Townsite and to ado a findings of fact listed in the st eporl entered Into the record for this case as "Findings of Fac r Case No. 16-015. Director Pederson stated at your w session on i 13' the commission requested the elevation views of the site that the appllc 's repr ntative had laid on the table be submitted so everyone had a copy and they are in your et. They consist of the site plan and elevation drawings. Mr. Knowles submitted four or gs. ere was also a discussion as to whether screening would be necessary adjacen the right -o y for Alder Lane and adjacent to Lot S. Lal 5 is in the same ownership a zoned Business veloped with the KI property. They didn't feel that screening batwe ne part of the new facility d the existing facility may not he necessary. On Alder Lane was discussion because of that a and the need for visibility when people are cumin own the hill that screening along Alder L may not be necessary for that location. COMMISSION SCHMITf said because he wasn't here for the work sessio a is looking at what was n to us an page 2 of 14, the site plan that shows lot numbers, Thos t numbers don't in up with the recommended motion. For Instance, there's not a Lot 2A, 26, C. C ARNDT invited Ken Knowles, agent for Island Holdings, to come up to the podium. Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 4 Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 144 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 145 of 206 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 t . Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us April 22, 2016 N&F Properties 1944 E. Rezanof Drive Kodiak, AK 99615 Re: Case 16-012. Request a rezone rezone of Lots 10 thm 13, Block 31, East Addition Subdivision from R2 Two family Residential to R-3 Multifamily Residential (KIBC 17.205). Dear Mr. Foreman: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting an March 16, 2016 denied your rezone request cited above. The Commission took final action on your request at their April 20, 2016 regular where they adopted Findings of Fact in support of their denial. Findings of Fact are the commission's formal justification for the action taken. FINDINGS OF FACT (KIBC 17.205.020.A -C) I. The applicants have not adequately demonstrated a need or justification for a rezone from R2 -Two Family Residential to R3 -Multi -family Residential. 2. Each of the two parcels is developed with a multi -family dwelling. Both structures are legal nonconforming land uses in R2 zoning (constructed prior to June 5, 1980). Accordingly, a rezone to R3 is not necessary. 3. A rezone to R3 would allow the structures to be reconstructed as multi -family dwellings should they be destroyed. Any such reconstruction would be subject to the regulations of Title 17 KIBC (Zoning), including the provision of required offstreet parking. Due to parcel size and topographical constraints, compliance with those requirements would likely be challenging. Accordingly, a rezone to R3 appears to provide no practical benefit to the property owners. 4. The existing zoning is consistent with the Urban Residential Future Land Use Designation and would further implement various objectives of the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends denial of this rezone. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 145 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 146 of 206 According to KIBC 17.205.055.B: If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, by 5:00 p.m. on May 4, 2016 files a written statement with the Borough Clerk requesting that the commission's action be taken up by the borough assembly. For clarification, that 10 day appeal period begins once the commission has approved their Findings of Fact on the case. Should you choose to appeal the Commission's decision to the Borough Assembly, a $350.00 appeal fee is required along with your written statement. Should you have any questions about the procedure, please call the Community Development Department at 486-9363. Sincerely, _L'� Robert H. Pederson, AICP Director, Community Development Department CC: Wilfredo and Yolanda Taboy Bill Roberts, Acting Manager Nova Javier, Borough Clerk Planning and Zoning Commission Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 146 of 206 AGENDA ITEM #9.D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 147 of 206 Stephen Foreman N&F Properties, LLC P.O. Box 8981 Kodiak, AK 99615 March 21, 2016 Kodiak Island Borough Clerk's Office 710 Mill Bay Road Kodiak, AK 99615 To the Office of the Borough Clerk and the Borough Assembly: At the March 15, 2016 KIB Planning and Zoning Commission regular meeting, the commission denied my request to rezone Lots 10 through 13, Block 31, East Addition Subdivision from R2-Two-famlly Residential District to R3 -Multifamily Residential District (P&Z Case No. 16-012). Per KIBC 17.205.055, 1 am requesting that the Commission's denial be taken up (reviewed) by the Borough Assembly. My request for the Assembly to the review the Commission's denial of my rezone request Is based on the following: 1. In the Staff report dated March 2, 2016, KIB Community Development Department Staff recommended the rezone be forwarded to the Assembly with a recommendation for approval. That favorable recommendation Is supported by the following findings of fact listed In the report: A. The site is adjacent to R3 zoning and uses to the west. B. This rezone will recognize long standing multi -family residences that have harmoniously coexisted with existing uses in the surrounding area for over four decades. C. The rezone Is consistent with the historic character of the surrounding neighborhood. D. The rezone Is consistent with the Urban Residential Future Land Use Designation and will further Implement various objectives of the adopted Comprehensive Plan. 2. The rezone was denied on a split decision (three yes votes to three no votes). I believe the rezone may have been forwarded to the Assembly with a recommendation for approval had all Commissioner seats been filled at the time of the decision (one City seat was vacant). 3. The rezone is consistent with the KIB 2008 Comprehensive Plan. Further Information supporting the rezone request can be found In the case packet that was presented to the Commission for P&Z Case No. 16-012. Please consider this my formal written submission Indicating my desire to bring this rezone request to the Kodiak Island Borough Assembly. Thank you for considering this matter. Respectfully, Stephen Foreman, N&F Properties, LLC Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, ... Page 147 of 206 G[dw O AW"n ", KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2016 ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2014-10A Extending Contract No. FY2014-10 Professional Legal Services With Levesque Law Group, LLC For A Period Of One Year. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: The Kodiak Island Borough Assembly appointed Mr. Joe Levesque of Levesque Law Group, LLC as the Kodiak Island Borough Attorney per Resolution No. FY2013-33. The resolution also authorized the manager to execute Contract No. FY2014-10. Contract No. FY2014-10 original three year terms expired in June 25, 2016. The contract term in Section 5, Term allows for an extension upon mutual consent of parties and in Section 6, Compensation states option of three, one-year extensions at the Assembly's option.lt further states that if the Assembly opts to extend the contract, the fee schedule may be negotiated. RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2014-10A and direct the manager to renegotiate the fee schedule. Kodiak Island Borough Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 148 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 149 of 206 AMENDMENT#1 to Contract for Professional Legal Services THIS AMENDMENT #1 to the Contract for Professional Legal Services (Amendment #1) is made as of this day of 2016 ("Effective Date"), by and between the KODIAK ISLAND BOROUGH and the law offices of LEVESQUE LAW GROUP, LLC (Finn), collectively referred to as the "Parties." RECITALS WHEREAS, the Parties entered into a Contract for Professional Legal Services on or about June 26, 2013 ("Contract"), for a three-year term ending on June 26, 2016; WHEREAS, pursuant to Part I, Special Provisions, Section 5, Paragraph A of the Contract, the tens of the Contract may renewed for up to three additional one-year extensions at the Borough Assembly's option. Part II, General Contract Provisions, Section 5, also provides for Amendment of the Contract; WHEREAS, no additional one-year extensions have been sought or approved by the Parties prior to this Amendment #1; WHEREAS, the Parties now desire to renew and extend the Contract term for an additional one-year, until June 26, 2017. NOW, THEREFORE, in consideration of the foregoing recitals which are hereby incorporated herein by reference, and of the mutual covenants and agreements herein contained, the Parties agree as follows: 1. Amendments to Contract. Section 5, Tenn, of the Contract is amended to provide that the Contract term is extended for one additional year, to June 26, 2017. 2. Effect and Continuation of Contract Agreement Terms. Except as specifically modified herein, all of the terms, provisions, covenants and conditions of the Contract continue in full force and effect without modification or change, specifically including compensation as enumerated in Attachment A to the Contract, which is attached to this Amendment #1 and incorporated herein fully by reference. 3. Authority The Parties represent and warrant to each other that each has the full, complete and absolute authority to enter into this Amendment #1; that the person executing this Amendment #1 on its Amendment XI —Contract for Professional Legal Scnices Kodiak Island eoroukh I Levnque Law Group LLC Page -1- Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 149 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 150 of 206 behalf has the full power and authority to do so; and this Amendment #1 is binding and enforceable in accordance with its terms. 4. Counterparts. For the convenience of the Parties hereto, this Amendment #1 may be executed in one or more counterparts, each identical to the other, so long as the counterparts in a set contain the signatures of all the Parties to this Amendment. IN WITNESS WHEREOF, the parties have entered into this Amendment #1 effective as of the date and year hereinabove first written. Kodiak Island Borough By: Date: Michael Powers, Borough Manager ATTEST: Nova Javier, MMC, Borough Clerk LEVESQUE LAW GROUP, LLC By: Joseph N. Levesque, Owner SUBSCRIBED AND SWORN TO before me at , Alaska this _ day of ,2016. Notary Public in & for the State of Alaska My Commission Expires: Firm: Levesque Law Group, LLC Name: Joseph N. Levesque Title: Owner Date: IRS Tax No.: 26-0644325 Amendment MI —Contract for Professional Legal Services Kodiak Island aaraugh / Levesque Law Group LLC Page 2 - Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 150 of 206 AGENDA ITEM #A.A.1. ATTACHMENT A Fee Schedule Task Description Hourly Fee In Person or Telephonic Assembly Meeting Attendance (by Joseph Levesque): 5175.00/hour Other Legal Services—Joseph Levesque 5175.00/hour Other Legal Services—Shane Levesque 5160.00/hour Other Legal Services — Shelley Gorey (Sr. Paralegal) 5115.00/hour Other Legal Services — Junior Paralegal or Legal Technician 575.00 /hour Attachment A —Contract for Profasional Legal Scrvi= Page I Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 151 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 152 of 206 LEVESQUE LAW GROUP, LLC 3380 C So-eet Sulu: 202 Joseph N. Levesque Anchorage, Alaska 99503 Shane E. Levesque, Of Counsel Phone: (907) 261-8935 Fu (206) 309-0667 Websd levesquelawgroup.com June 10, 2016 Kodiak Island Borough 710 Mill Bay Road' Kodiak Alaska 99615 Attention: Michael Powers, Borough Manager Re: Engagement for General Legal Services Kodiak Island Borough, Alaska Dear Mr. Powers: We are pleased to provide general legal services to assist the Borough as provided in the Contract for Professional Legal Services dated June 26, 2013, and as subsequently amended ("Contract"). This letter, along with the Contract sets forth in writing the terms of our Firm's engagement, as required by Alaska Bar Rule 35(b). Our fee for services will be based on the time spent on your behalf. Records of all time are kept, with invoices sent monthly. Compensation for fees and costs shall be as provided in the Contract. If any matter for which we provide services involves a claim or potential claim against you, you are directed to preserve any and all documents, including electronic data and any physical objects relating to that matter or claim. This is commonly referred to as a "lifigation hold," and includes any information that is recorded in any fashion, including data on the web or any social media sites (such as Facebook, Twitter, etc.) Original documents, drafts and copies need to be retained. At all times you have the right, with or without cause, to terminate our Firm's services upon providing written notice and as provided for In the Contract. Subject to the fulfillment of our obligations to maintain proper standards of professional conduct, the Firm also reserves the right to terminate its services at any time with or without cause, as provided in the Contract. EXHIBIT B Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 152 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 153 of 206 LEVESQUE LAW GROUP, LLC Kodiak Island Borough June 10, 2016 Page 12 If our Firm represents you on any matter which involves litigation, you should be aware that a non -prevailing party in litigation may be liable for the prevailing party's allowable costs and attorneys' fees. Such costs may include the other party's fling fee, deposition and travel costs, exhibit and copy charges, and computerized legal research charges. The amount of attorneys' fees for which you may be liable is determined by the court as to what amount was reasonably and necessarily incurred, and may range from 20% to 100% of the reasonable amount incurred. If this letter properly sets forth the terms of our Firm's representation, please sign and date on the space provided below. The original signed letter should be returned to our office, with a copy retained for your records. Thank you for the opportunity to provide services. Should you have any questions whatsoever, please do not hesitate to contact me. Sincerely, Joseph N.Levesque cc: Nova Javier, Borough Clerk Agreed to this _ day of June, 2016 By: Michael Powers, Manager Kodiak Island Borough EXHIBIT B Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 153 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 154 of 206 ISLAND BOROUGH AGENDASTATEMENT iRKODIAK REGULAR MEETING OF: JUNE 20, 2013 ITEM NO.: 13.8.1 TITLE: Resolution No. FY2013-33 Appointing the Kodiak Island Borough Attorney. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $_ or ❑ No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2013-33, Contract No. FY2010-40 APPROVAL FOR AGENDA: SUMMARY STATEMENT: This resolution is in compliance with KIBC 2.65.020 which stales that the assembly shall appoint the attorney by resolution. The current contract with Wohlforth, Johnson, Brecht, Cartledge & Brooking law firm expires June 30, 2013 with the renewal options for up to three additional one-year extensions at the Borough Assembly's option. The Borough went out for RFPs and interviewed Wohlfonh, Brecht, Cartledge, & Brooking law firm and Levesque Law Group, LLC on June 13, 2013. Between the two firms interviewed, was selected by the Assembly to become the legal counsel and to be recognized as the Borough Attorney. This resolution also authorizes the manager to execute a contract with the approved respondent. RECOMMENDED MOTION: Move to adopt Resolution No. FY2013.33. Kodiak Island Borough Page 1 of 1 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 154 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 155 of 206 1 2 Introduced by: Borough Manager 3 Requested by: Mayor and Assembly braked by: Borough Clerk 4 Introduced on: 06/2012013 5 Amended: 06/20/2013 6 Adopted on. 0012012013 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2013-33 9 30 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 11 APPOINTING THE KODIAK ISLAND BOROUGH ATTORNEY 12 13 WHEREAS, KIBC 2.65.020 stales that the Assembly shall appoint the borough attorney 14 by resolution; and 1s 16 WHEREAS, after soliciting request for proposals, the Assembly interviewed the following 17 firms: Wohlforth, Brecht, Cartledge, & Brooking; and Levesque Law Group, LLC; and 18 19 WHEREAS, the Assembly directed staff to start the negotiation process with Levesque 20 Law Group, LLC. 21 22 NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK 23 ISLAND BOROUGH THAT: 24 25 Section 1: This resolution herewith names Levesque Law Group, LLC as the Borough 26 Attorney. 27 28 Section 2: This resolution authorizes the Borough Manager to execute a contract with 29 Levesque Law Group, LLC. 30 31 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 32 THIS TWENTIETH DAY OF JUNE, 2013 33 34 KODIAK ISLAND BOROUGH 35 36 37 38 h Ma r 39 ATTEST: Je&me M. Selby, 1300111Z' 40 41 42 lly ill'7prv' 43 44 Nova M. Javier, MMC, Bo ugh Clerk Kodiak Island Borough, Alaska Resolution No. FY2013-33 Page 1 of 1 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 155 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 156 of 206 &*0d 7Vo.T\Ic2Dt� to plpprWind it, 4Salcdn t\b cyan 33 Contract for Professional Legal Services In consideration of the mutual promises herein, the KODIAK ISLAND BOROUGH and the law offices of LEVESQUE LAW GROUP, LLC (fine) agree as follows: A. Part I, consisting of'] 4 sections of Special Provisions; B. Pan 11, consisting of 11 sections of General Provisions. Part 1 Special Provisions Section 1. Definitions. In this contract: A. "Manager" means the Manager of the Kodiak Island Borough. B. "Borough" means the Kodiak Island Borough. C. "Assembly" means the Kodiak Island Borough Assembly. Section 2. Scope orservices. A. The Borough Attorney shall act as legal advisor to the Borough Assembly, administration, and other officials of the Borough to include without limitation the following: (1) To duly advise the Assembly, administration, and other officials at meetings of the Assembly and at other functions as maybedesignated; (2) To draft opinion letters regarding, among other subjects, the interpretation of the Borough codes, slate and federal laws, and policies; (3) To draft municipal ordinances involving all municipal matters; (4) To review and provide opinions on codes, contracts, resolutions, and other written instructions which are submitted to the attorney by the Borough; (5) To call attention of the Assembly and/or Manager, as may be appropriate, to or of changes or developments in legal matters that affect the Borough; and (6) To perform other such duties as may be prescribed for the Borough Attorney by ordinance or by direction of the Assembly and/or Manager. B. The Borough Attorney shall represent the Borough as attorney in civil and criminal proceedings affecting the Borough; however, the Borough Assembly may hire independent counsel when in itsjudgment independent counsel is needed. The attorney will represent the Borough in litigation involving prosecution of municipal code violation when needed. Firms must be qualified to represent the Borough in all State of Alaska Courts, U.S. District Cour, and before the Ninth Circuit Court of Appeals. Kodiak Island Borough RFP for General Counsel Lcgal Services Page2o Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 156 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 157 of 206 C. The Borough Attorney must work effectively with the Borough Assembly, administration, boards and commissions, and also with other public agencies with which the Borough has legal relations. D. The Borough Attorney must be experienced and proficient in legal matters affecting the Borough, to include without limitation, federal and state constitutional law, federal and state non -constitutional law, Alaska Statute 29, and Borough Code. E. All representation of the Borough shall continue until the matters or cases assigned are either closed out by mutual consent or are recalled by the Borough Assembly. F. The firm shall not engage any consultant, expert, or service without the prior approval of the Manager or Assembly. G. Provide toll-free telephone access to the Borough. H. The firm shall: (1) Provide the Borough with copies crony significant pleading and/or correspondence prior to filing/sending them. (2) Obtain the Borough Manager's approval of all expenses exceeding $2,000. Section 3. Access to Municipal Personnel. The Manager shall secure the cooperation of the Borough personnel as necessary to assist the firm's performance hereunder. Section 4. Contract Administrator. The Borough shall: A. Receive all information and notices the firm is required to communicate to the Borough pursuant to this agreement. B. The Manager shall administer the contract on behalf of the Borough. Section S. Term. A. For purposes of case assignments, this contract becomes effective when signed on behalf of the Borough and shall continue for three years from date executed. The contract may be renewed for up to three additional one-year extensions at the Borough Assembly's option. B. For purpose of assigned case completion this contract may be extended upon mutual consent. Section 6. Compensation A. The firm shall be compensated at the hourly rates enumerated in Attachment A. The attorney's fee schedule is to remain fixed for the first three years of the contract with three, one -,year extensions at the Assembly's option. If the Assembly opts to extend the Kodiak Island Borough RFP for General Counsel Legal services Page 21 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 157 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 158 of 206 contract, the fee schedule may be negotiated. The firm will also be reimbursed for other appropriate costs incurred to perform under this contract. B. The firm shall be entitled to no compensation under this contract beyond the scope of the Borough's express obligations under subsection A. The Borough understands that instances may arise that require additional services. During these times the firm will give the Assembly an estimate of services requested and will return to the Assembly prior io exceeding the estimate. C. As a condition of payment, the firm shall have paid all municipal taxes currently due and owing by the firm. Section 7. Payment and Reporting. A. The rim shall submit itemized monthly billings to the Borough Manager for payment of all fees and costs for which the firm seeks reimbursement under Section 6. Said monthly billings shall identify the subject of the work performed and the time, to the nearest one- tenth of an hour, spent on each subject. Costs shall be itemized and described separately on each monthly invoice. B. Upon approved billing, payment will be remitted to the firm within 30 days. Section 8. Termination of the Firm's Services The firm's services under Section 2 may be terminated: A. For convenience by the Borough Assembly. B. By mutual consent of the parties. C. For cause, by either party where the other party fails in any material way to perform its obligations under this contract. Termination under this subsection is subject to the condition that the laminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to cure the default within filicen days after receiving the notice. Section 9. Duties Upon Termination. A. If the firm's services are terminated for the convenience of the Borough or by mutual consent of the parties, the fire will be paid as provided for under Section 6. Total compensation will not exceed the amount stated in Section 6. All finished and unfinished documents, work product, and materials prepared by the firm remain the property of the Borough. B. If the firm's services are terminated for cause, the Borough shall pay the firm the reasonable value of the services satisfactorily rendered prior to termination, less any damages suffered by the Borough because of the fun's failure to perform satisfactorily. The reasonable value of the services rendered shall not exceed the contract rate for such services, and payment under this section shall not exceed ninety percent of the total compensation allowable under Section 6. Any finished or unfinished documents, work Kodiak Island Sumugh RFP for General Counsel Legal Services Page 22 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 158 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 159 of 206 product, or materials prepared by the firm under this contract shall become the property of the Borough. C. The firm shall not be entitled to any compensation under this section until the firm has delivered to the Borough Manager all documents, records, work product, and materials relating to this contract. D. Irthe firm's services are terminated, for whatever reason, the firm shall not claim any compensation, under this contract, other than that allowed under this section. E. Except as provided in this section, termination orthe firm's services under Section 8 does not affect any other right or obligation ora party under this contract. Section 1.0. Case Management. A. Execution of the contract by the Borough shall act as full authority for the firm to proceed with the representation of the Borough as provided hereunder. B. The Borough will have complete and total access to all material, information and files worked on by the firm pursuant to this contract. C. Copies of all legal opinions shall be provided to the Borough Clerk's office. Section 11. Assignments. Unless otherwise allowed by the Manager or as directed by the Borough Assembly, any assignment by the firm of its interest in any part of this contract or any delegation of duties under this contract shall be void, and any attempt by the firm to assign any part or its interest or delegate duties under this contract shall give the Borough the right to immediately terminate this contract without any liability for work performed. Section 12. Ownership; Publication, Reproduction and use or Material. A. The firm agrees to discuss matters and reveal documents relating to this contract only with the Borough Assembly, Manager, Borough Clerk, or any person authorized by the aforementioned, and as required by court order. m B. Except as otherwise provided herein, all data, documents, work product, research, reports, and materials produced by the firm under this contract shall be the property of the Borough, which shall retain exclusive right to publish, disclose, distribute, copy, and otherwise use, in whole or in part, any such data, documents, research, reports, or other materials. Section 13. Notices. Any notice required pertaining to the subject matter of this contract shall be either personally delivered, faxed, or mailed by prepaid first class registered or certified mail, return receipt requested to the following address: Borough: Kodiak island Borough Attention: Manager's Office Kodiak Island Borough RFP for General Counsel Legal Services Page 23 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 159 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 160 of 206 710 Mill Bay Road Kodiak, AK 99615 FAX: (907) 486-9374 Firm: Levesque Law Group, LLC Attention: Joseph Levesque . 3380 C Street, Suite 202 Anchorage, AK 99503 Email: jun@levesquelawgroup.com FAX: (206) 309-0667 Section 14. Conflict orinterest. The firm may not represent or assist private or public clients in connection with other claims, litigation, or other legal matters where such representation would constitute or appear to constitute a conflict of interest. In particular, the firm shall comply with all relevant provisions of the Alaska Bar Rules and the Alaska Rules of Professional Conduct concerning the prohibition of conflicts of interest among clients. The firm shall not accept any employment and shall not tender any professional services to other parties if such action might be inconsistent with the above -referenced standards unless the prior approval orthe Assembly has been first obtained. Part 11 General Contract Provisions Section 1. Relationship of Parties. The firm shall perform its obligations hereunder as an independent firm of the Borough. The Borough may administer the contract and monitor the firm's compliance with its obligations hereunder. Section 2. Nondiscrimination. A. The firm will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age, sex, or marital status, or mental or physical disability. The firm will take affirmative action to ensure that applicants are employed and that employees arc treated during employment without regard to their race, color, religion, or mental or physical disability. Such action shall include, without limitation, employment, upgrading, demotion, or transfer, recruitment or recruiting advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The firm agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The fine shall state, in all solicitations or advertisements for employees to work on contactjobs, that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, age, sex, or marital status, or mental or physical disability. Kodiak Island Borough RFP for General Counsel Legal Services Page 24 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 160 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 161 of 206 C. The firm shall comply with any and all reporting requirements that may apply to it which the Kodiak Island Borough may establish. D. The firm shall include the provisions of subsections A through C of this section in every subcontract or purchase order under this contract, so as to be binding upon every such independent counsel or firm of the firm under this contract. Section 3. Permits, Laws and Taxes. The firm shall acquire and maintain in good standing all permits, licenses, and other entitlements necessary to its performance under this contract. All actions taken by the firm under this contract shall comply with all applicable law to include without limitation, statutes, ordinances, rules, and regulations. Section 4. Nonwaiver. The failure of either party at any time to enforce a provision of this contract shall in no way constitute a waiver of the provision, nor in any way effect the validity of this contract or any part hereof, or the right of such party thereafter to enforce each and every provision hereof. Section 5. Amendment. A. This contract may be amended, modified, or changed only in writing as approved by the Borough Assembly and executed by the Borough Manager and an authorized representative of the firm. B. For the purpose of any amendment, modification, or change to the terms and conditions of this contract, the only authorized representatives of the parties are: (I) Kodiak Island Borough Manager (2) (Name of Contract Representative Here) C. Any attempt to amend, modify, or change this contract by either an unauthorized representative or unauthorized means shall be void. Section 6. Jurisdiction; Choice of Law. Any civil action rising from this contract shall be brought in the Superior Court for the Third Judicial District of the State of Alaska, at Kodiak. The laws of the State of Alaska shall govem the rights and obligations of the parties under this contract. Section 7. Severability. Any provision orthis contract decreed invalid by a court ofcompetent jurisdiction shall not invalidate the remaining provisions of the contract. Section S. Integration. This instrument and Attachment A hereto embody the entire agreement of the parties. There ate no promises, terms, conditions, or obligations other than those contained herein; and this contract shall Kodiak Island Borough RFP for General Counsel Legal Services Page 25 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 161 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 162 of 206 supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. Section 9. Insurance and Indemnification. A. The firm shall maintain in good standing the insurance described in Subsection B of this section. Before rendering any services under this contract, the Finn shall furnish the Borough Manager with pmoForinsumnce in accordance with Subsection B of this section. B. The firm shall provide the following types of insurance. The Kodiak Island Borough shall be insured as additional insured on all insurance policies except Professional Liability and Worker's Compensation policies. All policies shall have a thirty day notice of cancellation clause. (l) Workers' Compensation $100,000 Employer's Liability and Workers' Compensation as required by Alaska Stale Workers' Compensation Statues. (1) Professional Liability Agree to provide lawyer's professional liability insurance for all periods under the contract and provide an extended reporting period endorsement after the end of the contract For three years. Without request by the Borough, the f rat shall provide proof of such insurance during the contract period and proof of such endorsement after the end of the contract. The firms' carrier must agree to notify the Borough thirty days before cancellation of insurance or of the extended reporting period endorsement. The insurance shall provide coverage for claims up to a minimum amount of $1,000,000 per claim. C. To the fullest extent permitted by law the firm agrees to defend indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or losses including costs and attorney fees, and appellate attorney's fees, incurred in defense thereof arising out of or in any way connected or associated with this contract. Section 10. Inspection and Retention or Records. The firth shall at any time during normal business hours and as often as the Manager or Assembly may deem necessary, make available to the Borough for examination all records with respect to all matters covered by this contract for a period ending three years after the date of the firm is to complew performance in accordance with Section 2 of the Special Provisions: Upon request, and within a reasonable time, the firm shall submit such other information and reports relating to its activities under this contract to the Borough in such a forth and at such times as the Borough Assembly may reasonably require. The rine shall permit the Borough Assembly or their designee to audit, examine, and make Kodiak Island Borough RFP ror General Counsel Legal Services Page 26 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 162 of 206 AGENDA ITEM #A.A.1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 163 of 206 copies of such records, and to make audits of ail research, materiuls, pleadings, records of personnel, and other data relating to all matters covered by this contract. The Borough may, at its option, permit the firm to submit its records to the Borough in lieu of the retention requirements of this section. Section 11. Availability of Funds. This contract is subject to the availability of funds lawfully appropriated for its performance. IN WITNESS WHEREOF, the parties have executed this contract: KODIAK ISLAND BOROUGH Z- a f g�.A t, yprr. Charles E. Cassidy Jr., Borough Manager Date 0 \Q`�" / ATTEST:0 '•'•. O o i c Y :Y S 9`gSkA it 1� Nova Javier,MMC, Borough rk Firm: Levesque Law Group, LLC LEVESQUE LAW GROUP. LLC Name: Toseph N. Levesque Tide: Owner Date: Tune 25, 2013 loWph N. Levesque, Owner IRS Tax No. 26-0844325 State of Alaska) Third Judicial District) Subscribed and swom before me on Twee- o'i5 Ze, (3 na&Z'z6"y I_� o1L N\G9 �i�� Commission Expiration to �� 'OUBUo pa i�ar r.« IIID\\\\\'�:odiak Island Borough RFP for General Counsel Legal Services Page 27 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 163 of 206 AGENDA ITEM #A.A.1. ATTACHMENT A Fee Schedule Task Description Hourly Fee 1n Person or Telephonic Assembly Meeting Attendance (by Joseph Levesque): 5175.001hour Other Legal Services —Joseph Levesque 5175.00/hour Other Legal Services —Shane Levesque 5160.00/hour Other Legal Services — Shelley Garey (Sr. Paralegal) 5115.00/hour Other Legal Services —Junior Paralegal or Legal Technician 575.00/hour Attachment A Contract far Pmfessmal legal Services Page I Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 164 of 206 AGENDA ITEM #A.A.1. All CERTIFICATE OF LIABILITY INSURANCE 5/4 /2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of Ne Policy, certain policies may require an endomemenL A statement an this certificate does not confer rights to the certificate holder In lieu of such endorsement s). PRODUCER NAUP o Christina Michelaohn EUrS suall(907)258-6240 AI y.(107)250-2413 LI,IL .emtahe3sohngplhinaure.c® Patterean Insurance Brokers, Inc.�vpHKO.H P. O. Box 242225 INWRERa APFORUNGWW"M "me % WMYER LOENERAL LMNL _ Ohio eeoosity IRS. Co _ 24062 Anchorage AX 99524-2225 _ _INsuRERA INSURED meuRER e:6lratC®p InauranAle LGreectue La. Group, LLC UNSURERC: 3380 c St Ste 202 a.UPER O: INSURER E Anchorage AX 99503 INSURER COVERAGES CERTIFICATE NUMBERAS-16 Me". REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSas, Kodiak Island Borough TYPE OF INSURANCE AMR, RAD IMMUCY' wumw I.P.O.'w"viY USUIS Kodiak, AK 99615 % WMYER LOENERAL LMNL /,, , A. .-y C Hichel3ahn/CHRIST m{T• /�{C1J��I `N+-. EACH OCCURRENCE s 2,000,000 A CWMBHAMOE EOCCYfl TOM S 2,000,000 % /1230137243 E4/20LS 3/4/3011 MEOW 1A . 3 15,000 PFAWNAL4 ADVIXJURY S OENLAWREWTE�UgN6rt APR1EEPER: OENEMLAOONEG7E f 3,000,000 X pCyCY JELY LOC - gp 3 Pl.l. Pe land S OTHER: pMIIIMOBit! LIABILITY COMBINED ED SeNQ E 3 ANYAMTO BODILY INJURY FnYm) S ALL ONNFJ) 9CXEDIItiO AUTOS AUm4 BWILY INJURY(PH edCeq 3 HIREDAUTOS ALMOS EO AUTOS a e 3 S UMRM"MO OCCUR EACH OCCURRENCE 3 FORMIX.AM S MM LME CNIM6MAOE REPTINMINS 3 WORRERS COYFENUMN % AM EMPLOYflr an YIN EL EFLIIAWIOEIIT S 2,000,000 B ANY PROIWIETa1NARTNER£%ECUTIJE OFFlCERAEMBER EXCWDED7 O they"Yey In NMI HIA 2ar0a33Fe3-O2 3/A/3013 3/3/2011 ELI& -ASE EAEM0. S 2.000.000 IuPer OMUM ON OPER IWSOIw El IdFd3E-POLICY UMrt I S 1,000,000 DEW Pips OF OPERATIONS I LOCAPON51 VEHICLES MCOfl01a,AC0lYone Penep�9[NeIYM, rFPr 3SMYF11MtlYM pSCIb AMMNI Contract for professional legal service.. CERTIFICATE HOLDER CANCELLATION b.... idy@kadiskak.u. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Kodiak Island Borough THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Charles, E. Ca.aidy, Jr., Borough Me ACCORDANCE WITH THE POLICY PROVISIONS. 710 Hill Bay Road AUR1011¢eO RBFMIseNTATA'E Kodiak, AK 99615 /,, , A. .-y C Hichel3ahn/CHRIST m{T• /�{C1J��I `N+-. 019882014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo em registered marks of ACORD INSO26Omaml Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 165 of 206 AGENDA ITEM #A.A.1. A`� off® CERTIFICATE OF LIABILITY INSURANCE DAs 4 zoisn MIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TME ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. It SUBROGATION IS WAIVED, subject IO the terms and Condltlons of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer lights to the certin cate holder In Ileu of such endorsement(s). PncoviceR OCKYFAMEACT Christina Michelsohn Patterson Insurance Brokers, Inc. FINARE (90]) 255-6240 Ne.EO�Am No UOpale-24➢ P. O. Box 242225 /iL .cmlchalsohn@pibins=*.c m 5H/2013 INW"31 AFFrMGxa Ce AM wIC• INwRERA,1hic Seonrity IN. Co 24082 Anchorage AK 99524-2225 INS RED _INaUIRRBYP S=D InaYranw _ LeveBgue Law Group, LLC INSURER C: 3380 C St Ste 202 INSURER o: Anchorage AK 99503 xwReR e: COVERAGES CERTIFICATE NUMBER:15-16 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INDIA TYPEOFINAURANCE ABnon mUn POLICY NUMBER IMM)XI I IMAGNMUNITS ACCORDANCE WITH THE POLICY PROVISIONS. A % CONYERCMLOENERALLNBBJTY 6NM1w0E IX IOCCUR % KGdiak, AK 99615 ZCSS5137NC 5H/2013 8/4p0aa EACH OCCURRENCE f 2,000,000 ETDR f],000,000 MFDEMPA me f 10,000 PERSOwLL ADVINIURY f OEHLAOGREOATEpUpMpn APgIEBPEN: K POUCY❑.EECI LOC OFNFA• GENERAL ADGRECATE a 4,000,000 PROOJLTB.=.MpI a EOim PanamIFM a AumxoelML.Wutt ANY pVIO AU OS AVICIED AUTOS NONLOWNEO HIREDAUT08 AUTOS a BODILYRURY(0.rpnol) S 8001LYINNRYIIYruMNel a S' Vw.M"We EXCESSLYe OOGIR Cy,IMSMADE EADXOCCLFRBKE 13 AGGflEGATE is 0 I I RETEMI Nf Is B WORNFR9 COYPENSARON AND EMPLOYEND LIABILITY YIN PROPPIUM"PARTNERIX� OFFICERMEMBER EXCLUDED? ECURJE ONIA IY.nCaary In his x1' x.u�a cESCRIPrIW OF OPERATIONS IMC0063983-02 314/2013 51412016E1. ]( EL ACGO@IT 3ANY FJLH 1'000'000 000 000 D8EA8E. EA EMRDY a 21000,000 EL DEFIEE. PoLIc uMT I s 2,000,000 DEECRIPRON OF OPERATORS I LOCATIONS I VEHICLES (ACCORD t06 Adom-I Formosa Schaduh, may be x W N men cryo Y Menall Contract for professional legal services. CERTIFICATE HOLDER CANCELLATION bcassidy@kodiekak.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Kodiak Island Borough THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Atit1: Charlie. E. Cassidy, Jr., Borough Ma ACCORDANCE WITH THE POLICY PROVISIONS. 710 Mill Bay Road AumORneD nePneeENTAme KGdiak, AK 99615 I p"��: C Michelwhn/CNRIST„%`L/LtAyuDTlT'�ieLQ�IA�'SjD{}mti 01998-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS0251mun0 Contract No. FY2014-10A Extending Contract No. FY2014-10 Pro... Page 166 of 206 AGENDA ITEM #A.A.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7. 2016 ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2017-06 Providence Kodiak Island Counseling Center Of Kodiak, Alaska To Provide Mental Health Services For The 2016-2017 School Year. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: Yes $400,000 FUNDS AVAILABLE: Yes Account Number: 201 201 430 165 Amount Budgeted: $400,000 SUMMARY STATEMENT: The contract with Providence Kodiak Island Counseling Center provides mental health services for Kodiak Island Borough schools. The contractor has worked with the school district to identify and document a mutual understanding of the program's scope within the budgeted amount. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2017-06 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2016- 2017 school year in an amount not to exceed $400,000. Kodiak Island Borough Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 167 of 206 AGENDA ITEM #A.A.2. Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 168 of 206 MENTAL HEALTH SERVICES THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska ("Borough") and Providence Health and Services -Washington dba Providence Kodiak Island Counseling Center. ("Contractor") for the purpose of setting forth terms and conditions pursuant to which the Contractor shall be contracted to provide mental health services. WITNESSETH Section 1. INTENT OF AGREEMENT. The Contractor is hereby contracted to provide a Mental Health in the Schools Program as described in the attached annual collaborative plan and fulfill all of the mental health services required by funded grants through the State of Alaska Department of Health and Social Services for community mental health program services. Contractor agrees to be bound by the same collaborative plans and grants. Section 2. SCOPE OF WORK. During Fiscal Year 2016-2017, the Contractor shall provide the staffing required to deliver the services specified in the mental health in the schools collaborative plan and the grants from the State of Alaska. The Contractor will complete all documentation, billing and reporting as specified. The Contractor shall submit a monthly activity report of all activities of the Contractor by the le day following the and of each month to the Borough Manager and the School District Superintendent. Further, the Contractor shall provide financial summaries to the Administrative Service Review Team meetings to be held quarterly beginning in calendar year 2016.2017 as mutually agreed to by all parties. Section 3. TERM. Unless earlier terminated, this agreement will remain in effect beginning July 1, 2016 and ending June 30, 2017. This agreement will correspond with the Lease Agreement currently in effect between the Kodiak island Borough and Providence Health and Services —Washington. At any time either the Borough or die Contractor may terminate this agreement by 30 days written notice to the other party. This agreement shall terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. This agreement shall terminate 30days from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to termination. However, this agreement will not terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. If this notice is given before 30 days have passed after a written termination notice has been given, the running of those 30 days shall be tolled for 60 days. During this 60 -day period, the parties will negotiate in good faith. This agreement shall remain fully in force during the 60 -day negotiation period. If the issue has not been resolved to the satisfaction of both parties by the end of the 60 -day period, then the 30 -day termination period, if applicable, will begin running again from where it stopped. Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 168 of 206 AGENDA ITEM #A.A.2. Contract No. FY2O17-06 Providence Kodiak Island Counseling C... Page 169 of 206 Section 4. COMPENSATION. Compensation for all services rendered under this agreement, Commetor shall be paid quarterly in 4 equal installments beginning on October 1, 2016 of $100,000 for a total fiscal year 2016-2017 contract amount of $404000. IN WITNESSETH WHEREOF the parties have executed this Agreement on this_ day of , 2016. KODIAK ISLAND BOROUGH Providence Health and Services- Washinglon, elan Providence Kodiak Island Counseling Center Michael Powers, Cindy Gou , Borough Manager Area Operations Administrator ATTEST: Nova Javier Borough Clerk Contract No. FY2O17-06 Providence Kodiak Island Counseling C... Page 169 of 206 AGENDA ITEM #A.A.2. Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 170 of 206 KODIAK ISLAND BOROUGH SCHOOL DISTRICT/PROVIDENCE KODIAK ISLAND COUNSELING CENTERIKODIAK ISLAND BOROUGH SCOPE OF SERVICES FOR THE SCHOOL CLINICIAN PROGRAM FOR THE 2016-2017 SCHOOL YEAR The Kodiak Island School District (KIBSD), Providence Kodiak Island Counseling Center (PKICC) and the Kodiak Island Borough (KIB) work together in a trilateral agreement to provide school based mental health services. The School Clinician Program funding is appropriated by the Kodiak Island Borough and is reflected as an in-kind budget agreement between the KIBSD and the KIB. Funds for School Clinician Program services are provided to PKICC through a monthly budgetary process. The purpose of this program is to provide quality mental health services to the town and rural schools of KIBSD. Services are generally offered in the schools but also may occur in a variety of settings based on a treatment plan developed to meet the emotional needs of individual students. SERVICES Services include: I. Mental health counseling for students, including individual, family, and group counseling as needed, with prioritized services to students with IEP recommendations. 2. Private school students on IEP's may receive mental health services recommended by the IEP team in the public school setting. 3. Consultation with teachers, counselors, school psychologists, and school administrators (bi-monthly meeting with all KIBSD School Psychologists, Counselors and Administrators) 4. Assistance in the development of behavioral management strategies for identified students (PKICC School Clinicians will develop treatment plans for each student seen addressing behavioral concerns). 5. Assistance in referral of identified students to appropriate community resources. 6. Topic focused psychoeducational classes and groups. 7. Crisis intervention services for acutely distressed or suicidal students. S. At the request of KIBSD principal/staff, PKICC School Program Team Leader will initiate CISM (Critical Incident Stress Management) services. 9. Psychiatric evaluation services will be provided for up to 3 hours per month as part of the scope of services agreement. 10. PKICC Clinician will be available during summer school. 11. Staff training will be available during teacher in-service week and at the request of the Principal or Administrative Staff. 12. A minimum of one parent workshop/training will be available during the year. Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 170 of 206 AGENDA ITEM #A.A.2. Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 171 of 206 COLLABORATION PKICC will work with KIBSD to provide an integrated approach in the treatment of Kodiak Island Borough students and families utilizing the skill and expertise of School Clinicians as well as other PKICC staff when needed to provide support and quality mental health care. This includes services by the PKICC Clinical Director/Board Certified Psychiatrist, other multi -disciplinary team members, and the PKICC Director. To foster good communication and collaboration between KIBSD and PKICC, a core group representing administrative and counseling staff will meet bi-monthly throughout the year. STAFFING The School Clinician Program will be staffed with four Clinician I FTE's providing direct service within the schools and .3 FTE for supervision by a licensed professional counselor or social worker. Clinician I are licensed eligible or actively pursuing a Master's of Arts or a Master's in Science in a mental health field. (Actively pursuing means acceptance into a program and completion of one 3 credit course per semester including summer,) Staff assignments will include one FTE in the High School, one FTE in the Middle School, two FTE's in the Elementary Schools. Each staff member will have one or more village responsibilities. Changes in staff assignments will be discussed with the KIBSD Director of Special Services. In the event of a need to hire new staff, PKICC will invite a representative from KIBSD to participate in an interview panel. KIBSD will choose its own representative. In the school year, PKICC Clinicians will travel to village schools as designated by KIBSD Superintendent. Each visit will provide at least one school day of service to students and staff with no more than 9 visits per year per village. If a scheduled village school visit is cancelled due to weather or other�reasons, an alternate visit will be completed within 2 weeks. To facilitate collaboration and increase support for village school staff PKICC Clinicians will initiate regular e-mail communication with designated village school staff and structure their schedules to allow for support. PKICC Clinicians will also participate in teleconference meetings with village school staff as scheduled by both KIBSD and KANA. Unfilled positions or leave of more than 10 consecutive school days will be discussed with the KIBSD and additional staff within PKICC will be appointed to provide coverage for the caseload. If additional staff is not immediately available within PKICC, the center will advertise for a short-term or long -tens position. PKICC will provide monthly service reports that detail the number of service days provided by each School Clinician to the village and town schools. Specific dates for Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 171 of 206 AGENDA ITEM #A.A.2. Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 172 of 206 leave of absence or unfilled positions will be provided as well. These reports will be due by the 10th of each month and will be provided to the KIBSD and the KIB. JOB CLASSIFICATIONS AND DEFINITIONS CLINICIAN I Clinical position providing mental health services to children, adolescents and adults. PKICC School Clinicians are responsible for referring a child or family to a higher level of care when needed. Provides crisis and emergency services as necessary. PKICC School Clinicians are supervised by a licensed clinician. Clinician 1's ere responsible for taking calls for emergencies on a rotating basis. All Clinician 1 staff is supervised by a Master's level licensed supervisor (School Program Team Leader). The School Program Team Leader is directly supervised by the PKICC Clinical Director. SCHOOL CLINICIAN PROGRAM TEAM LEADER Manages School Program, supervises school clinicians, and ensures program provided services consistent with the accepted best practice mental health practices. Member of agency's Management Team. She provides direct clinical services and emergency on- call coverage on a rotating basis. PSYCHIATRIST (Clinical Director) The Clinical Director supervises all clinical activities of the Providence Kodiak Island Counseling Center. The Clinical Director also assists with the management of all program activities and operations in partnership with the Director. Consults with the Director on all Center activities and functions. As a member of the Center's management team, is responsible for coordination of clinical mental health services and is capable of acting both independently and interdependently as responsibilities dictate. Provides complex, high-level mental health services as appropriate to professional credential and Center needs, including crisis and emergency services to adults, adolescents, and children. Supervises, evaluates, and coordinates activities of clinical personnel engaged in providing mental health services throughout the Counseling Center, managing all clinical services within accepted standards of mental health practice. PKICC DIRECTOR The Director supervises all administrative activities of the Providence Kodiak Island Counseling Center. Plans operations and coordinates with Team Leaders; Consults with the Clinical Director on all Center activities and functions. Resolves conflict between groups and individuals. Analyzes and evaluates staffing, goals and objectives, budgets, financial strategies, and operating functions. Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 172 of 206 AGENDA ITEM #A.A.2. Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 173 of 206 REFERRAL SERVICES Services provided in the school setting will be predominantly psycho educational or behavioral in nature. Written permission from parent or guardian is necessary for a child to receive counseling services in school. Students with a significant psychiatric disorder, or those who may be appropriate to receive, or are already receiving, therapeutic services will be referred to PKICC or another appropriate agency or private practice. Counseling services provided by PKICC staff other that the school based counselors, are not a provision of this agreement. Families will make both clinical and financial arrangements directly with PKICC. Providence Kodiak Island Counseling Center will bill individual insurance companies and/or families as appropriate and will provide a Sliding Scale Fee Program to qualify referred clients. PKICC School Clinicians, KIBSD school staff, agency provider, and private practice individuals will work collaboratively in the best interest of the student and family. Welby Jense , u . ., Clinical Director Krista cGo r, t.D., D*Dis Providence Ko ' k Island Kodiak Island Borough ScCounseling Center Mary Guilas-Hawver, Director ' wwart McDonald, Superin6 ndent Providence Kodiak Island Kodiak Island Borough School District Counseling Center ATTEST: Michael Powers, Borough Manager Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Kodiak Island Borough Contract No. FY2017-06 Providence Kodiak Island Counseling C... Page 173 of 206 AGENDA ITEM #A.A.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2016 ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rainsheet Project. ORIGINATOR: Dave Conrad FISCAL IMPACT: Yes $288,418 FUNDS AVAILABLE: Yes Account Number: 490-703 452.150 Amount Budgeted: $383,868 07013.5C SUMMARY STATEMENT: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract is for construction of the Landfill Lateral Expansion Cell 1 Rainsheet project. The scope of work is to provide and install a 24 -mil reinforced polyethylene cover over part of Cell 1, an area of approximately 160,000 square feet. The rainsheet will prevent rainwater from entering the leachate collection system, thereby reducing the volume being treated at the new treatment plant and reducing operational costs. An analysis by engineer CH2M Hill estimates installation of the rain sheet will divert approximately four million gallons of rain water per year from the treatment plant. The rainwater will collect at the bottom of Cell 1 and be pumped into the landfill storm water system. The rainsheet project was presented to the Assembly at the work session on March 10, 2016, and staff were directed to proceed with issuing a request for bids. An invitation to bid was issued on May 13, 2016, and bids were due and opened on June 14, 2016. One bid was received from Brechan Construction LLC. Brechan provided all the required documents, and previously installed a similar product during Phase 2 of the Landfill Lateral Expansion project. Funds are available in the Landfill Lateral Expansion project budget for this work. The total project budget is still within the $32 million previously approved by the Assembly. The staff hours required for operation and maintenance of the pump will be performed as regular maintenance tasks, and will not have an effect on landfill or treatment plant staffing. The work is scheduled to be completed by October 15, 2016. Staff recommends award of this contract to Brechan Construction LLC. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2017-05 with Brechan Construction LLC of Kodiak, AK for the Landfill Lateral Expansion Cell 1 Rainsheet project in an Amount Not to Exceed $288,418. Kodiak Island Borough Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rai... Page 174 of 206 AGENDA ITEM #A.A.3. Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rai... Page 175 of 206 KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION CELL 1 RAINSHEET AGREEMENT CORM THIS AGREEMENT is between the Kodiak Island Borough ("Owner') and Brechan Construction, LLC ("Bidder') Owner and Bidder, hereby agree as follows: I. WORK. IA. Contactor shall complete all Work as specified or indicated in the Contract Documents. The Work is to be provided as described in General Conditions. 2. THE PROJECT. 2.1. The Project Work to be provided under these Contract Documents maybe the whole or only a part of is generally described as follows: 2.1.1. Kodiak Island Borough Landfill Lateral Expansion Cell I Rainsheet. 3. ENGINEER. 3. L The Contract Documents for the Work have been prepared by CH2M HILL, Inc., who is hereinafter called Engineer and who is to assume all duties and responsibilities, and have rights and authority assigned to Engineer in the Contract Documents. 4. LOCATION OF WORK. 4.1. The place where the Work is to be performed is defined in the General Conditions and is designated as the Kodiak Island Borough Landfill. 5. CONTRACT TIMES. 5.1. Time of the Essence: All time limits for Milestones, if any, and performance of Work completion as stated in the Contract Documents are the essence of the Contract. 5.2. Date for Completing Work: The Work Substantial Completion shall be September 30, 2016. Final completion and closeout shall be October 15, 2016. 6. CONTRACT PRICE. 6.1. Owner shall pay Bidder for performing Work in accordance with the Contract Documents, a lump sum in current funds as follows: APRIL 2016 AGREEMENT FORM ©COPYRIGHT 2016 CH2M HILL 005263-1 Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rai... Page 175 of 206 AGENDA ITEM #A.A.3. Contract No. FY2O17-05 Landfill Lateral Expansion Cell 1 Rai... Page 176 of 206 KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION CELL I RAINSHEET A Contract Price of Two Hundred Eighty Eight Thousand Four Hundred Eighteen Dollars and Zero Cents $288,418.00 (Amount written in words has precedence) 7. PAYMENT PROCEDURES. 7.1. Submission and Processing of Payments: Bidder shall submit Applications for Payment in accordance with the General Conditions and Supplementary Conditions. Applications for Payment will be processed the Kodiak Island Borough and reviewed by Engineer. 8. INTEREST. 8.1. All monies not paid when due as provided in Article 13 of the General Conditions shall bear interest at the rule 1-1/2 percent per month. 9. BIDDER'S REPRESENTATIONS. ' 9.1. In order to induce Owner to enter into this Agreement, Bidder makes the following representations: 9.1.1. Bidder has examined and carefully studied the Contract Documents and other related data identified in Bidding Documents. 9.1.2. If specified, or if in Bidder's judgment, any local condition may affect cost or progress of Work, Bidder has visited the Project Site and become familiar with and is satisfied as to local conditions that may affect cost or progress of Work. 9.1.3. Bidder is familiar with and is satisfied as to all federal, stale and local Laws and Regulations that may affect cost or progress of Work. 9.1.4. Bidder has carefully studied and correlated information known to Bidder, and information and observations obtained from Bidder's visits, if any, to the Project Site, with the Contract Documents. 9.1.5. Bidder has given Engineer written notice of all potential conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Contract Documents, and written resolution thereof by Engineer is acceptable to Bidder. 9.1.6. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for Work. APRIL 2016 AGREEMENT FORM ®COPYRIGHT 2016 CH2M HILL 00 52 63 - 2 Contract No. FY2O17-05 Landfill Lateral Expansion Cell 1 Rai... Page 176 of 206 AGENDA ITEM #A.A.3. Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rai... Page 177 of 206 KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION CELL I RAINSHEET 10. CONTRACT DOCUMENTS. 10.1. Contents: The following Contract Documents are attached to this Agreement and are listed in order of precedence, with highest precedence listed first. In the case of any inconsistency or conflict between Contract Documents listed, the interpretation of the document with the highest precedence shall govern. 10.1.1. This Agreement (pages I to 6, inclusive); 10.1.2. Bidder's Bid and supporting documentation; 10.1.3. Performance Bond; 10.1.4. Payment Bond; 10.1.5. Addenda (Numbers I to 5, inclusive); 10.1.6. Supplementary Conditions; 10.1.7. General Conditions; 10.1.8. Drawing and Specification 10.2. Any of the following maybe delivered or issued on or after the Effective Date of the Agreement and will then become pan of the Contract Documents: 10.2.1. Notice to Proceed; 10.2.2. Written Amendment(s); 10.2.3. Change Order(s); 10.2.4. Field Order(s); 10.2.5. Engineer's Written Interpretation(s). 10.3. There are no Contract Documents other than those listed above in this Article. 10.4. The Contract Documents may only be amended, or supplemented as provided in the General Conditions. APRIL 2016 AGREEMENT FORM ©COPYRIGHT 2016 CH21M HILL 005263-3 Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rai... Page 177 of 206 AGENDA ITEM #A.A.3. Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rai... Page 178 of 206 KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION CELL I RAINSHEET ll. MISCELLANEOUS. 11.1. Defined Terrns: Terms used in this Agreement will have the meanings indicated in the General Conditions and the Supplementary Conditions and in the Instructions to Bidders. 11.2. Successors and Assigns: Owner and Bidder each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 11.3. Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Bidder. The Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as passible to expressing the intention of the stricken provision. I I A. Owner's Final Inspection: Owner shall make its final inspection of the Work pursuant to Article 13 of the General Conditions within 5 days after Owner's acknowledgement of Work completion. Date shall be adjusted equitably if Bidder fails to complete the Work in compliance with the Milestones established. APRIL 2016 AGREEMENT FORM ©COPYRIGHT 2016 CH2M HILL 005263-4 Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rai... Page 178 of 206 AGENDA ITEM #A.A.3. Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rai... Page 179 of 206 KODIAK ISLAND BOROUGH LANDFILL LATERAL EXPANSION CELL I RAWSHEET 11.5. IN WITNESS WHEREOF, Owner and Bidder have signed this Agreement. Counterparts have been delivered to Owner and Bidder. All portions of the Contract Documents have been signed or identified by Owner and Bidder or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). ��yy Owner: BiAder: By: 419• `34=L4kV% Ce,v.iCn,1c'o�ri1L. (Corporate Seal) Corpora a Seal) Attest: Attest: $�dwF Address forgiving notice: Address giving notice: .�for n�` 2-76M Adl,- &;j 124) 7--j1oDisK AIC 99ri/,j (If Owner is a corporation, attach evidence of Agent for service of process: authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner -Bidder Agreement.) (If Bidder is a corporation or a partnership, Designated Representative: attach evidence of authority to sign.) Name: Designated Representative: Title: Name: Address: Title: Phone: Address: Facsimile: Phone Facsimi END OF SECTION APRIL 2016 AGREEMENT FORM @COPYRIGHT 2016 CH2M HILL 005263-5 Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rai... Page 179 of 206 AGENDA ITEM #B. B. 1. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7, 2016 ASSEMBLY REGULAR MEETING Al" A TITLE: "Resolution No. FY2017-03 AML JIA Adopting To Participate In The Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. ORIGINATOR: Dora Cross FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: This resolution will authorize continued Borough participation in the Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. The Borough has participated in the Loss Control Incentive Program since 2006. Participation in the program requires this resolution as well as monthly safety committee meetings, bi-annual facilities self - inspections, and employee safety training. It is required that a resolution be adopted annually in order to be eligible for the discount of $20,000 on the Borough's contribution. This item is proposed under consent agenda. MOTION: Consent agenda. Kodiak Island Borough 'Resolution No. FY2017-03 AML JIAAdopting To Participate In... Page 180 of 206 AGENDA ITEM #B.B.1. "Resolution No. FY2017-03 AMLJIA Adopting To Participate In... Page 181 of 206 1 Introduced by: Borough Manager 2 Requested by: AMVJIA 3 Drafted by: AMVJIA Introduced on: 07/07/2015 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2017-03 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 ADOPTING TO PARTICIPATE IN THE ALASKA MUNICIPAL LEAGUE 11 JOINT INSURANCE ASSOCIATION (AMLJIA) LOSS CONTROL 12 INCENTIVE PROGRAM 13 14 WHEREAS, the Kodiak Island Borough is a member of the Alaska Municipal League 15 Joint Insurance Association (hereinafter "AMLJIA"); and 16 17 WHEREAS, the AMLJIA provides comprehensive risk management assistance and 18 provides workers' compensation, liability, and property coverage for the Kodiak Island 19 Borough; and 20 21 WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce 22 member losses individually and pool wide; and 23 24 WHEREAS, the AMLJIA will provide all written program materials necessary, and offer 25 assistance to participants; and 26 27 WHEREAS, pool members that participate in the Loss Control Incentive Program and 28 complete the required activities, will have the opportunity to earn a discount on their 29 contribution; and 30 31 WHEREAS, it is the Kodiak Island Borough's policy to provide a safe environment for its 32 students, employees, citizens and the visiting public; and 33 34 WHEREAS, the Loss Control Incentive Program will enhance such an environment. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH that elects to participate in the AMLJIA Loss Control Incentive Program for the 38 2016-2017 policy year. 39 40 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 41 THIS DAY OF 2017 42 43 KODIAK ISLAND BOROUGH 44 45 46 47 ATTEST: Jerrol Friend, Borough Mayor 48 Kodiak Island Borough, Alaska Resolution No. FY2017-03 Page 1 of 2 "Resolution No. FY2017-03 AMLJIA Adopting To Participate In... Page 181 of 206 AGENDA ITEM M.B. I. *Resolution No. FY2017-03 AML JIA Adopting To Participate In... Page 182 of 206 49 5o 51 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2017-03 Page 2 o12 *Resolution No. FY2017-03 AML JIA Adopting To Participate In... Page 182 of 206 AGENDA ITEM #B.B.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 7. 2016 ASSEMBLY REGULAR MEETING TITLE: Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency For The Alaska State Legislature To Take Immediate Action During The Fifth Special Session Of The 29th Legislature To Pass All Necessary Fiscal Legislation Required To Provide For A Fair, Balanced, And Sustainable State Budget. ORIGINATOR: Nova Javier FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: This is a municipal resolution in support for a State Fiscal Solution. John Hozey, Deputy Chief of Staff, Office of the Governor has asked that Alaska Municipal League urge its membership to pass a resolution. The scheduled next special session will begin Monday, July 11th and this resolution will be submitted to the Legislature upon passage. RECOMMENDED MOTION: Move to adopt Resolution No. FY2017-04. Kodiak Island Borough Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency ... Page 183 of 206 AGENDA ITEM #B.B.2. Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency ... Page 184 of 206 1 Introduced by: KIB Assembly 2 Requested by: Alaska Municipal 3 League 4 Drafted by: Alaska Municipal 5 League Introduced on: 07707/2015 6 Adopted on: 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY 2017-14 10 11 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 EXPRESSING A DEEP SENSE OF URGENCY FOR THE ALASKA STATE 13 LEGISLATURE TO TAKE IMMEDIATE ACTION DURING THE FIFTH 14 SPECIAL SESSION OF THE 29" LEGISLATURE TO PASS ALL 15 NECESSARY FISCAL LEGISLATION REQUIRED TO PROVIDE FOR A FAIR, 16 BALANCED, AND SUSTAINABLE STATE BUDGET 17 18 WHEREAS, Alaska has relied predominantly on the development of its vast oil reserves to 19 fund the majority of stale government expenditures over the past 35 years, yet production of 20 Alaskan North Slope crude oil has steadily decreased over the past 25 years; and 21 22 WHEREAS, global oil prices have dropped significantly over the past two years and are 23 projected to remain relatively low for the foreseeable future; and 24 25 WHEREAS, the combination of reduced oil production, reduced oil prices, and an 26 overreliance on oil revenue as state government's primary source of funding has resulted In a 27 massive state fiscal deficit; and 28 29 WHEREAS, the State of Alaska's credit rating has dropped due to the current fiscal 30 Imbalance, and will continue to be downgraded, if the Legislature fails to take appropriate action 31 in 2016; and 32 33 WHEREAS, major business leaders in the stale have warned they would be unlikely to 34 continue making significant commercial Investments In Alaska If the Legislature falls to address 35 the fiscal deficit In 2016; and 36 37 WHEREAS, Governor Walker has introduced a complete fiscal plan to provide for a 38 sustainable and predictable balanced budget, using the strength of our existing financial assets, 39 a balanced blend of spending reductions, and additional new revenues; and 40 41 WHEREAS, following adjournment of the 2016 regular session and fourth special session of 42 the 291h Legislature, the Legislature failed to enact any component of any fiscal pan, and Instead 43 continued past practice of funding the FY2017 budget from dwindling cash reserves; and 44 45 WHEREAS, cash reserves typically used to cover budget deficits are now depleted such that 46 they are Insufficient to cover next year's budget, threatening the state's annual dividend 47 program and potentially the state's Permanent Fund itself; and 48 49 WHEREAS, every dollar of cash reserves spent on one-time budget shortfalls, is then 50 unavailable to continue working for the state as an ongoing Income-producing asset In the 51 future; and Kodiak Island Borough Resolution No. FY2017-04 Page 1 of 2 Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency ... Page 184 of 206 AGENDA ITEM #B.B.2. Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency ... Page 185 of 206 52 53 WHEREAS, since spending down cash reserves reduces the amount of sustainable revenue 54 we can generate from our financial assets in the future, Increases in other sources of revenue 55 (taxes) will become necessary to compensate; and 56 57 WHEREAS, without Immediate enactment of a balanced fiscal plan, the Permanent Fund 58 Dividend program will end in approximately four years, and the inevitable dramatic slate cost 59 shifts to municipalities will require significant local tax Increases, endangering the viability of 60 many Alaskan communities. fit 52 WHEREAS, now more than ever is the time for statesmanship, not provincial politics or 63 electioneering rhetoric. Politically difficult, but financially sound decisions are required 54 immediately. 65 66 NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH, that: 67 68 Section 1. The Assembly of the Kodiak Island Borough calls upon the Alaska State 69 Legislature to take affirmative and Immediate action during the fifth special 70 session of the 291h Legislature to enact a comprehensive package of Initiatives 71 that will provide for a sustainable, balanced state budget for the foreseeable 72 future. 73 74 Section 2. The Assembly of the Kodiak Island Borough appreciates the difficult work of the 75 Administration to put forth one possible comprehensive fiscal solution; and while 76 the Kodiak Island Borough may not support every aspect of this plan, does 77 recognize It as the appropriate foundation for legislative deliberation. 78 79 Section 3. The Assembly of the Kodiak Island Borough Insists that the Alaska State e0 Legislature engage in meaningful discussions of all fiscal options without regard 81 - to perceived negative political fallout. 82 83 Section 4. The Kodiak Island Borough Clerk Is Instructed to transmit a copy of this 84 resolution to every member of the Alaska State Legislature, the Governor, and all 85 local media outlets. 86 87 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 88 THIS DAY OF 2016 89 90 KODIAK ISLAND BOROUGH 91 92 93 94 Jerol Friend, Borough Mayor 95 95 ATTEST: 97 98 99 100 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2017-04 Page 2 of 2 Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency ... Page 185 of 206 AGENDA ITEM #B.B.2. Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency ... Page 186 of 206 From: Betty Svensson rmaiIto:Bettv(aakml.oml Sent: Tuesday, July 05, 2016 8:25 AM Subject: Action Needed - Municipal Support for State Fiscal Solution Importance: High Dear Municipalities, 1 apologize If you have already received this email. Attached is a template resolution of Municipal Support for a State Fiscal Solution for your consideration. John Hozey, Deputy Chief of Staff, Office of the Governor has asked that we forward this to you with the encouragement to please pass a resolution if you have not done so already. The next special session will begin Monday, July 110. By now you are all probably aware of how the lack of a state fiscal plan Is affecting your community. Please contact your Legislators and let them know. It is Important that they hear from M. The first round of vetoes was brutal; municipalities cannot afford more cost shifts. Please contact the office If you have any questions. Thank you, Betty Betty Svensson, Deputy Director Alaska Municipal League One Sealaska Plaza, Suite 200 Juneau, AK 99801 Phone: 907-586-1325 Fax: 907-463-5480 www.akmLore Facebook FYI: all the info on budgets vetoes is at the governors website: (http://aov. alaska. aov/newsroom/2016/Of✓oovemor-walker-vetoes-f-29-billion-to- preserve-state-sayina57 Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency ... Page 186 of 206 AGENDA ITEM W.D. 1. KODIAK ISLAND BOROUGH AGENDA STATEMENT o`'' JULY 7. 2016 r. ASSEMBLY REGULAR MEETING TITLE: Assembly Approval to Expand the Salvage Timber Harvest Area Per KIB Contract No. FY2016-45, Section 11 R. ORIGINATOR: Duane Dvorak FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: No Amount Budgeted: A-1 Timber has proposed to adjust the harvest boundary in the Detailed Plan of Operations for Chiniak timber salvage related to Contract No. FY2016-45. Section 11 R of the contract requires assembly approval of any expanded harvest area. The proposal would increase the harvest area by 7.9 acres and return 1.1 acres of green timber to be placed outside the harvest boundary. This results in a net increase of 6.8 acres. The justifications for the proposed boundary changes are summarized in the attached letter from the borough's contract inspector. Staff has added letters A-E to the map and the accompanying letter in order to help identify the specific areas in question. Increased familiarity with the site and further changes to the timber have made it easier to discern full extents of the fire damage at the edges. During contract negotiations there was community support for clearing timber that may imperil electrical lines serving the community. This amendment is not intended to systematically address these concerns, but it would be a substantial "fine tuning" of the harvest plan that would incidentally address some of the community concerns about electrical outages caused by falling trees. It is expected that the increase of salvage harvest area will have a small but positive fiscal impact to borough revenue. For this reason staff has not incorporated a fiscal note with this request. RECOMMENDED MOTION: Move to approve the boundary change for salvage timber harvest under KIB Contract No. FY2016-45, as provided in the attached exhibits for this request. Kodiak Island Borough Assembly Approval to Expand the Salvage Timber Harvest Area ... Page 187 of 206 AGENDA ITEM #D.D.I. Assembly Approval to Expand the Salvage Timber Harvest Area ... Page 188 of 206 Wahrenbrock Forestry Consultant 36720 True Fir Circle .SOIdOtnat Alaska 99669 39 Years Alaska Fareetn Experience July 4, 2016 Duane Dvorak Kodiak Island Borough 710 Mill Bay Road, Room 101 Kodiak, AK 99615 Re: Timber Harvest Additions Dear Duane: A-1 provided an updated timber harvest boundary map on June 28" which made small adjustments to harvest lines along the northwest comer in Unit KB -02. When 1 arrived for an inspection tour on July 1", you advised that these changes are planned for consideration by the KIB Assembly at their next meeting. On the morning of July 1", I met with A -I to discuss several aspects of timber harvest operations. One topic of discussion was the recent mapping changes and what precipitated the revisions. 1 learned that the lines were simply incorrectly drawn at these two areas during the development of conceptual harvest mapping. While on the subject, I inquired if any other changes were being considered for the harvest boundary. A -I reported that they have two modifications they would like to make to the planned harvest area. During the July I" inspection, I conducted field review at each individual site being considered by A -I for changes to the original harvest boundary delineation. In one area, I requested a harvest addition to protect power line infrestrncture. The enclosed map uses a blue color to depict the location and acreage size of harvest boundary revisions. All of the changes are located along the northern timber sale boundary. I will discuss each arca below, starting on the northwest comer and working east. .9 Acres — This is a fire kill timber area that was omitted on the original mapping. This will be Aan addition in acreage caused by a minor mapping error. 1 Assembly Approval to Expand the Salvage Timber Harvest Area ... Page 188 of 206 AGENDA ITEM #D. D. 9. Assembly Approval to Expand the Salvage Timber Harvest Area ... Page 189 of 206 Acres —This is anarea of green timber that was original mapped as fire impacted trees. This ❑1.1 Bhealthy forest area will be deleted from project and is an acreage reduction associated with a mapping error. 0.9 Acres—This area contains green timber. After removal of neighboring dead timber, the trees will have a "ringer shape" extending along the power transmission line located ©residual immediately to the north. A photograph is enclosed that provides visual reference to this area. It is expected this line of trees will be subject to wind -throw after logging and will cause impacts to the power line infrastructure. A -I has agreed to harvest this section of green timber which will result in a forest edge that is more durable to wind stones. 44.2 Acres —This area was first believed to have wet soils that were not suitable for logging. Further field review has concluded this area can be harvested. It is recommended this area be ❑included for additional harvest area. Removal of this timber will negate dead trees impacting the Dadjacent power line on the northern side of this area. Two photographs are enclosed as visual reference for this area. One photo shows trees adjacent to the power line and the second view is looking into the harvest area. 1.9 Acres —This area was omitted from the original mapping because the trees did not appear to be rive impacted in the satellite imagery. The trees in this area have since succumbed to thermal E fire impacts and are dead in the proposed timber boundary addition. As summary, there are five boundary changes recommended. Four are acreage additions and one is an acreage deletion. Total are¢ increase will be 6.7 acres if approved. The Twin Creeks Fire Timber Sale Contract (Section 11 at subsection R) addresses harvest area additions or deletions. Such changes are subject to K1B administration and Assembly approval. I am bringing these identified harvest area revisions to your attention with a recommendation that these be approved. please let me know if you have any questions or desire further details. Best Regards, Wade W. Wahrenbrock Forester Cc: Tom Loushin, A-1 Enclosures as stated z Assembly Approval to Expand the Salvage Timber Harvest Area ... Page 189 of 206 -�. ,`eta / ` e�'r'1�tS�••- � , rra Jr Y !, , . 41 al r. a of _ 1 AGENDA ITEM #A.A.1. SOLID WASTE ADVISORY BOARD I JUN 10 2016 REGULAR MEETING MINUTES May 9, 2016@ 5:15 PM t^Inti?r.uc.i Kodiak Fisheries Research Center K .IAK, AIASxp 1. Call to Order Chair Szabo called to order the Regular Meeting of the Solid Waste Advisory Board at 5:15 p.m. on May 9, 2016 at the Kodiak Fisheries Research Center. 2. Roll Call J. Clay conducted a roll call and a quorum was established. The following members present were Chair Nick Szabo, Scott Arndt, Jeff Stewart, Steven Neff, Jennifer Culbertson and Nathan Svoboda. Chair Szabo welcomed new board member Nate Svoboda to the board. Also present was Non -Voting Ex -Officio KIB Staff Bob Tucker, Director of Engineering and Facilities, Lee Hickle and Mike Shrewsbury of Alaska Waste. 3. Approval of Agenda ARNDT moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 4. Approval of Previous Minutes— May 2. 2016 ARNDT moved to approve the minutes of May 2, 2016. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. S. Visitor Comments None. 6. DISCUSSION/ACTION ITEMS: A. Elements of Solid Waste Contract Bob Tucker and the SWAB board discussed the revision of the Solid Waste Contract which expires June 30, 2017. Some of the changes discussed included: • The Board agreed to keep a 7 years contract with 3 year one year extensions which may or may not be used. • KIB will require contractor to submit copies of all permits. • KIB will require contractor to inform them in writing of all fines and penalties Imposed. Solid Waste Advisory Board Regular Meeting May 9, 2016 Page 1 of 3 Solid Waste Advisory Board Regular Meeting Minutes of May 9,... Page 194 of 206 AGENDA ITEM #A.A.1. • Bob Tucker will investigate adding a vacant rate for garbage collection. • Per the Borough Assembly, everyone will pay the same amount for garbage collection whether they use a dumpster or roll cart. KIB will require both residential and commercial dumpsters or roll-off's, in designated "Bear Area's" to be Bear Resistant. • A Service Fee of $25 will be charged for roll carts which are overfilled or have un -bagged garbage. • A Service fee of $25 will be charged for replacing a roll cart which was removed due to an unpaid garbage bill. B. Reuse of Discarded Commercial Foodstuffs Chair Szabo presented letters written to Safeway, Wal-Mart and Cost Savers. The letters asked the vendors to provide information on how they deal with surplus and out dated food. The completed surveys will be returned to the Board so they could develop an overall picture of current food recovery practices here in Kodiak. 7. Visitor Comments: None. 8. Board Member Comments: Jeff Stewart — The Bayside Fire Department had the road blocked off so cars dumping garbage have to back out instead of drive on through. It's a bad situation. Nathan Svoboda — Wanted to express his appreciation to Bob Tucker and his staff for tackling this humongous document. (Alaska Waste Contract). Scott Arndt — He received complaints on all the dumpsters being full. It was discussed by the Board and found it may have been because it was clean-up day that this was a problem. Nick Szabo—Thanked Borough Staff for their support and dedication. 9. Meeting Schedule: The next regular meeting was scheduled for May 231h at 5:15. 10. Adlournment ARNDT moved to adjourn meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 7:20 PM. Solid Waste Advisory Board Regular Meeting May 9, 2016 Page 2 of 3 Solid Waste Advisory Board Regular Meeting Minutes of May 9,... Page 195 of 206 SUBMITTED BY: Jenny C16, Secreta KIB Engineering/Facilities Department APPROVED BY: N IK4zabo, Chair S61id Waste Advisory Board Solid Waste Advisory Board Regular Meeting AGENDA ITEM #A.A.1. Date: `T / le L May 9, 2016 Page 3 of 3 Solid Waste Advisory Board Regular Meeting Minutes of May 9,... Page 196 of 206 AGENDA ITEM #A.A.1. JUN 10 2016 SOLID WASTE ADVISORY BOARD REGULAR MEETING MINUTES May 23,2016@ 5:15 PM Kodiak Fisheries Research Center 1. Call to Order Chair Szabo called to order the Regular Meeting of the Solid Waste Advisory Board at 5:15 p.m. on May 9, 2016 at the Kodiak Fisheries Research Center. 2. Roll Call J. Clay conducted a roll call and a quorum was established. The following members present were Chair Nick Szabo, Scott Arndt, Jeff Stewart, Steven Neff, Jennifer Culbertson and Nathan Svoboda. Also present was Non -Voting Ex -Officio KIB Staff Bob Tucker, Director of Engineering and Facilities, Lee Hickle and Mike Shrewsbury of Alaska Waste. 3. Approval of Agenda ARNDT moved to approve the agenda. ARNDT moved to amend the agenda and delete the Approval of Previous Minutes. VOICE VOTE ON AMENDED MOTION AND ORIGINAL MOTION CARRIED UNANIMOUSLY. S. Visitor Comments None. 6. DISCUSSION/ACTION ITEMS: A. Elements of Solid Waste Contract Bob Tucker presented two documents, Request for Proposals for Solid Waste and Recycling Collection Services and Collection Services Contract to the Board. The Collection Services Contract has been updated except for fees. The Borough will be going from a fee structure contract to a single fee contract where everyone pays the same rate. Board discussion ensued. Below are some of the changes discussed: • There will be no roll carts in designated "Bear Areas'. • Asking Contractor for a bid on Recycling. • Added the Airport to the list of "Bear Areas". Solid Waste Advisory Board Regular Meeting May 23, 2016 Page 1 of 3 Solid Waste Advisory Board Regular Meeting Minutes of May 9,... Page 197 of 206 AGENDA ITEM #A.A.1. • Will have bear resistant roll carts for handicapped or elderly customers in "Bear Areas'. The Board agreed to continue to read through the RFP and Contract and contact Bob Tucker with any changes that need to be made. 7. Visitor Comments: Mike Shrewsbury thanked the Board for the compliments on their service. It's been a big challenge and they will continue to keep picking up garbage around the dumpsters. B. Board Member Comments: Nathan Svoboda — There was positive feedback online about dumpsters being dumped frequently. Property on Hillside had trash In the yard and two volunteers, Berry Spivey and Tina Kilborn cleaned up all of the garbage. They deserve a major pat on the back. Also he has recently received many call regarding rats. He has been Investigating this to find out if there was a growing problem in the community. He thanked Tucker for all his work on the contract. Jeff Stewart — Bayside Fire Chief Rue has barricaded off his fire equipment there. It was causing people to back up Instead of driving though. Something needs to be done as there are people walking from their cars to the dumpsters and also cars which are backing in. It's an unsafe situation and needs to be rectified. Scott Arndt — He sits on the Fire Board and they do not want the dumpsters at Bayview Fire Department. They have been trying to control people and traffic there for years. People have been unruly and Inconsiderate of the property. He does not believe there was a problem. He thanked Tucker for all the information on the contract. He hoped the Board has helped him. It's a work in progress. Nick Szabo — Was listening to the Assembly meeting and was struck by Mr. Arndt's comments on rats at the landfill and how they stripped all the Insulation out of the contractor's equipment. He assumes storing all of Jackson's trailers out at the landfill was not a viable option. With all the new improvements at the landfill including the composting facility and the Leachate Treatment Plant, he would like to schedule a visit. He thanked Tucker for all his work on the contract. He knows it was a challenge. 9. Meeting Schedule: The next regular meeting was scheduled for June 6th at 5:15. 10. Adiournment ARNDT moved to adjourn meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Solid Waste Advisory Board Regular Meeting May 23, 2016 Page 2 of 3 Solid Waste Advisory Board Regular Meeting Minutes of May 9,... Page 198 of 206 The meeting was adjourned at 6:50 PM. SUBMITTED BY: Je by Clay, Se retary KIB Engineering/Facilities Department APPROVED BY: Szabo, Cha Solid Waste Advisory Board Solid Waste Advisory Board Regular Meeting AGENDA ITEM #A.A.1. Date: 4"/zO //(, R —. i May 23, 2016 Page 3 of 3 Solid Waste Advisory Board Regular Meeting Minutes of May 9,... Page 199 of 206 AGENDA ITEM #A.A.1. WOMENS BAY SERVICE AREA BOARD ORIGINAL REGULAR MEETING MINUTES May 3, 2016 Date: May 3, 2016 Call to order: 7:07 pm Commissioners Present: Dave Heuman, Greg Egle, Jessica Hom, John Isadore and George Lee Commissioners excused: Dave Conrad, Bill Ecret Dale Rice present. No other people were present Minutes approved and signed: Regular April 5, 2016 REE (vEQ Chairman's Comments: JUN 13 2018 • Grading done on work order last month eOROU CI.1 i H'a 'FiCE KO TA ALA9KA Unfinished Business: Fire Deportment • Emergency Shelter o Shelving and etc appurtenance installation ongoing • Turnout Replacement; approx 4k each set, 10 sets needed. RFP pending • Suburban disposition; moved to KIB lot • Scott Pack Replacement: RFP pending • New Shelter open -house to coincide with clean-up day May 7 2016, noon to 3 pm Road Service • Asphalt Repairs • Gara Dr/Eskew lot drainage o G Lee to draft letter re: WBSAB obligation/response, then forward to the board for input before posting. New Business Fire Denartment • Address posts suggestion, difficulty of response when obscure addresses are un- marked and unknown. Road Service • Work order to be issued for Gam Drive ditch/crowning to manage runoff. Solid Waste Advisory Board Regular Meeting Minutes of May 9,... Page 200 of 206 r AGENDA ITEM #A.A.1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES May 3, 2016 Board Member comments • DR: Topping over new fish culvert on BF Rd being graded away • JI; put seal coat and crack seal on summer work orders • JH; please excuse for mtngs June, July, Aug Next Regular Meeting June 7, 2016 7:00 PM at the WBFD Meeting adjourned at 7:53 pm C IRPERSON WITNESS Solid Waste Advisory Board Regular Meeting Minutes of May 9,... Page 201 of 206 GTt._ TO: Mayor and Assembly AGENDA ITEM #B.B.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone(907)486-9210 Fax(907)486-9347 FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending May 31, 2016 KODIAK HIGH SCHOOL ADDITION AND RENOVATION The majority of work on the Kodiak High School Addition and Renovation Is now complete, with nine of the ten project phases reaching completion. The remaining phase Includes exterior siding at the existing school areas housing the shop classroom wing and new school district offices which was completed in April 2016, and final completion of landscaping completion, scheduled to be completed this summer. LANDFILL LATERAL EXPANSION The Landfill Lateral Expansion Is a multi -phase project designed to provide an additional 40 years of use for the landfill, as well as meeting recent regulatory changes: • Phase I -Clearing, excavation and realignment of the landfill road. Completed in August 2012. • Phase II -Construction of anew fully -lined landfill cell and leachate collection system. Completed in November 2015. • 'Phase III -Construction of the new Leachate Treatment Plant. Completed in April 2016. While the majority of constriction is complete, staff and CH2M Hill are proceeding with design of a rain sheet for the new landfill cell as presented to the Assembly on March 10, 2016. The rain sheet will divert rain water from the treatment plant saving operational costs. A bid package for Installation of the rain sheet was issued in May 2016, and bids are due June 7, 2016. FIRE PROTECTION AREA NO. 1 EMERGENCY GENERATOR KIB received an Alaska Legislature grant in 2012 to provide an emergency power generator and switch gear at the Bayside Fire Station. In addition, the Fire Protection Area No. 1 Board agreed to provide funds to help complete the project. The generator and switch gear have been procured and RSA Engineering provided engineered drawings for installation of the new generator. Staff has been working with local contractors to obtain pricing to perform the civil and electrical work required to complete installation of the new equipment. This work Is tentatively scheduled to begin in late June 2016. FLOORING REPLACEMENT—MAIN ELEMENTARY AND PETERSON ELEMENTARY This project was Included on the list of bond projects approved by voters In the 2014 election, and is for replacement of Flooring throughout Peterson Elementary School and at the Main Elementary gymnasium. Design was completed by Jensen Yorba Lott and the project was put out for bid In March 2016. At the regular meeting on May 5, 2016, the Assembly voted to approve a contract with Wolverine May 2016 Other Projects Status Report, Change Order Monthly ... Page 202 of 206 AGENDA ITEM #B. B. 1. Supply of Wasilla. Wolverine Is planning to mobilize in early June, and the work is scheduled to be completed by August 15, 2016. PETERSON ELEMENTARY BOILERS AND CONTROLS This project was Included on the list of bond projects approved by voters in the 2014 election, and is for replacement of the boilers and mechanical controls system at Peterson Elementary School. Design was completed by Jensen Yorba Lott and the project was put out for bid in March 2016. At the regular meeting on May 5, 2016, the Assembly voted to approve a contract with Wolverine Supply of Wasilla. Wolverine is planning to mobilize in early June, and the work is scheduled to be completed by August 15, 2016. EAST ELEMENTARY ROOF REPLACEMENT This project was included on the list of bond projects approved by voters In the 2014 election, and is for replacement of the roof over the cafeteria wing at East Elementary. Design was completed by Jensen Yorba Lott and the project was put out for bid in March 2016. At the regular meeting on May 5, 2016, the Assembly voted to approve a contract with Rain Proof Roofing of Anchorage. Rain Proof Is planning to mobilize In late June, and the work Is scheduled to be completed by August 15, 2016. KODIAK MIDDLE SCHOOL BUS CANOPY REPLACEMENT This project was included on the list of bond projects approved by voters In the 2014 election, and Is for replacement of the steel bus canopy at Kodiak Middle School. KIB Issued approval for Jensen Yorba Lott to begin design work under term contract FY2014-13. The project was put out for bid in April 2016 and bids were due on May 30, 2016. Two bids were received, and staff will be recommending award of a contract to the low bidder, Jay Brant Contractors, at the Assembly meeting on June 2, 2016. The work is scheduled to be completed by August 15, 2016. PLAYGROUND REPLACEMENTS —AKHIOK, CHINIAK, KARLUK, OLD HARBOR, OUZINKIE, PORT LIONS This project was Included an the list of bond projects approved by voters in the 2014 election, and Is for replacement of playground equipment at the schools In Akhiok, Chlniak, Karluk, Old Harbor, Ouzinkie, and Port Lions. There are also ongoing discussions with the State about using surplus bond funds to replace the equipment In Larsen Bay as well. Staff Issued a Request for Proposals for an equipment provider, and at the regular meeting on May 19, 2016, the Assembly voted to approve a contract with Playcraft Direct of Grants Pass, Oregon. Staff Is currently working with Playcraft Direct to come up with several equipment options for each school, and will then meet with each community to determine which option best sults their needs. The current schedule for this project is to work on procurement this summer, issue a bid package for Installation this fall/winter, and then Install the equipment in summer 2017. BALER BUILDING ROOF Design Is underway to replace the roof of the Baler Building which has not been replaced since the building was originally constructed. The roof leaks badly and is overdue for replacement. Jensen Yorba Lott has begun preliminary design for this project, and it is staffs goal to complete the work during this year's building season. Project Status Report—May 2016 Page 2 May 2016 Other Projects Status Report, Change Order Monthly ... Page 203 of 206 AGENDA ITEM #B.B.1. May 2016 Other Projects Status Report, Change Order Monthly ... Page 204 of 206 oa vi is is °; o of ry a n ry � n Q O N � L O h u ° m m m a y n N a m o v a a w Q E c c ° v a o O O E O u ,lf 00 n E ry H n m in m �° 0 3 .n H w ` 0 o v m : a v E v a E Ln Co E N o ia z .n m an O m` m` o co m� m CO o l7 o N U C i O O O O QO p M O p o N O O M C6 u u u r1 d O m m n a a C� ;° d ` ` ° L m o c w o c m m a m U° m m Y v O m c o o o x in c c c n c p ¢ 0 L c a o O O� N • u C V a W Z O 0 O N O O N O y 0 0 a L c O O w O y`4i u E W o c v c 0 ry O v N > O O 2 v O li LL Y J p. 6 K May 2016 Other Projects Status Report, Change Order Monthly ... Page 204 of 206 AGENDA ITEM #B.B.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road r Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Michael Powers, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending May 31, 2016 Below is a summary of approved change orders for capital projects for May 2016: Baler Building Roof Jensen Yorba Lott — Contract 2014-13 Change Order#28-$14,920.00 Provide design, bidding, and construction administration services for the Baler Building Roof project. Design fee to be lump sum, bidding and construction administration will be on time and materials basis This is a change order to term contract 2014-13 for architectural/engineering services. Projects previously completed or currently underway under this contract include Anton Larsen Bay Dock Replacement, Chiniak LIST Replacement, Kodiak Middle School Concrete Repairs, Four School Generators, Port Lions Painting, Womens Bay Emergency Shelter, Peterson Boilers and Controls, Main Gym and Peterson Flooring, KMS Bus Canopy Replacement, and East Roof Replacement. Change Orders — May 2016 May 2016 Other Projects Status Report, Change Order Monthly ... Page 205 of 206 AGENDA 7£m # .a7 May 35oh!«Projects stm Report, Change Order Monthly � Page 2Boy3, )km c) !;§§•! k\\\\\ k \ { } w, ! / / (\ )))§\)) !) { May 35oh!«Projects stm Report, Change Order Monthly � Page 2Boy3, Kodiak Island Borough Assembly Regular Meeting Guidelines July 7, 2016, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. INVOCATION Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Friend. 3. 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 any Assembly Member who may be 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. Summary of Consent Agenda Items: 91E Regular Meeting Minutes of May 5, 2016 Resolution No. FY2017-03 AML JIA Adopting To Participate In The Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES * Regular Meeting Minutes of May 5, 2016. 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. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking Kodiak Island Borough July 7, 2016 Assembly Guidelines Page 1 7. AWARDS AND PRESENTATIONS A. Engineering And Facilities Department Update To The Assembly — Bob Tucker 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of An :18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From Commercial/Business To Industrial/Light Industrial (P&Z Case No. 16- 017). Recommended motion: Move to adopt Ordinance No. FY2016-23. Staff Report — Manager Powers Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2016-25 Rezoning an t 18.24 Acre Portion of Lot 2, U.S. Survey 1673 From B -Business District to [-Industrial District (P&Z Case No.16-018). Note: Five public hearing notices were mailed out on Friday, June 17, 2016. None were returned by the close of business on July 7, 2016. Recommended motion: Move to adopt Ordinance No. FY2016-25. Staff Report — Manager Powers Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 7, 2016 Page 2 C. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 1A Through 22A Seaview Subdivision, U.S. Survey 2539 Old Shipyard-Womens Bay Parcels A And B, And Lash Dock Tideland Lease From Conservation To Industrial/Light Industrial (P&Z Case No. 16- 013). Recommended motion: Move to adopt Ordinance No. FY2016-24. Staff Report — Manager Powers Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION. D. Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, East Addition Subdivision FROM R2 -Two Family Residential To R3 -Multifamily Residential (P&Z Case No. 16-012). Note: 47 public hearing notices were mailed out on Friday, June 17, 2016. Three were returned by the close of business on July 7, 2016. One attached to the packet and two attached to the guidelines on Recommended motion: Move to adopt Ordinance No. FY2016-26. Staff Report — Manager Powers Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 7, 2016 Page 3 SECONDARY MOTION: Move to adopt the following findings of fact in support of the adoption of Ordinance No. FY2016-26 (read the findings of fact). OR Move to adopt the following findings of fact in support of the denial. If Ordinance No. FY2016-26 is ADOPTED, a secondary motion is appropriate which is to adopt the following findings of fact in support of the adoption of Ordinance No. FY2016-26. Findings of Fact 1. The site is adjacent to existing R3 zoning and multi -family uses to the west. 2. This rezone will recognize the long standing multi -family uses on these parcels, which have harmoniously coexisted with existing uses in the surrounding area for over four decades. 3. The rezone is consistent with the historic character of the surrounding neighborhood. The rezone is consistent with the Urban Residential Future Land Use Designation and will further implement various objectives of the adopted Comprehensive Plan. ROLL CALL VOTE ON MOTION Should Ordinance No. FY2016-26 FAIL, a secondary motion is appropriate which is to adopt the following findings of fact in support of the denial. Findings of Fact 1. The applicants have not adequately demonstrated a need or justification for a rezone from R2 -Two Family Residential to R3 - Multi -family Residential. 2. Each of the two parcels is developed with a multi -family dwelling. Both structures are legal nonconforming land uses in R2 zoning (constructed prior to June 5, 1980). Accordingly, a rezone to R3 is not necessary. 3. A rezone to R3 would allow the structures to be reconstructed as multi -family dwellings should they be destroyed. Any such reconstruction would be subject to the regulations of Title 17 KIBC (Zoning), including the provision of required off-street parking. Due to parcel size and topographical constraints, compliance with those requirements would likely be challenging. Accordingly, a rezone to R3 appears to provide no practical benefit to the property owners. The existing zoning is consistent with the Urban Residential Future Land Use Designation and would further implement various objectives of the adopted Comprehensive Plan. Kodiak Island Borough Assembly Guidelines July 7, 2016 Page 4 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2014-10A Extending Contract No. FY2014-10 Professional Legal Services With Levesque Law Group, LLC For A Period Of One Year. Recommended motion: Move to authorize the manager to execute Contract No. FY2014-10A and direct the manager to renegotiate the fee schedule. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION 2. Contract No. FY2017-06 Providence Kodiak Island Counseling Center Of Kodiak, Alaska To Provide Mental Health Services For The 2016-2017 School Year. Recommended motion: Move to authorize the Manager to execute Contract No. FY2017-06 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2016-2017 school year in an amount not to exceed $400,000. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION 3. Contract No. FY2017-05 Landfill Lateral Expansion Cell 1 Rainsheet Project. Recommended motion: Move to authorize the Manager to execute Contract No. FY2017-05 with Brechan Construction LLC of Kodiak, AK for the Landfill Lateral Expansion Cell 1 Rainsheet project in an Amount Not to Exceed $288,418. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION B. Resolutions 1. *Resolution No. FY2017-03 AML JIA Adopting To Participate In The Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. Kodiak Island Borough Assembly Guidelines July 7, 2016 Page 5 2. Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency For The Alaska State Legislature To Take Immediate Action During The Fifth Special Session Of The 29th Legislature To Pass All Necessary Fiscal Legislation Required To Provide For A Fair, Balanced, And Sustainable State Budget. Recommended motion: Move to adopt Resolution No. FY2017-04. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION C. Ordinances for Introduction - None D. Other Items 1. Assembly Approval To Expand The Harvest Timber Area Per Contract No. FY2016-45, Section 11 R. Recommended motion: Move to approve the boundary change for salvage timber harvest under KIB Contract No. FY2016-45, as provided in the attached exhibits for this request. Assembly discussion. ROLL CALL VOTE ON MOTION. 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. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Friend The next Assembly work session will be held on Thursday, July 14 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday, July 21 at 6:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 7, 2016 Page 6 � CD m. c ° 0 c N, u < ❑ 0 m Et m w c N O 3 = CE ❑ w O = O O `< O G o w < O N N w 3 w o w_<d 0'c 2 m y N 0 N D O N C = O O C CD 3 Ca Sn 0-y 0 5. 3 v O ❑ oD(D y EL x0m m cl CL CL mCD a RL [N1 (D N N vONi U A CD Ul o 'D N y .n m CD C� CD o-0 _ m N A A CD C N N u. 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CD 0 CD cn co CD n m O _ m CD CL 1 0 _ CD IU \ CD 0 FD' x O a Mn r D z a 2 O m O C O 2 En N m co r m O r r n a r r cn 2 m o ai `J r!!\ \r% KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: -� 0 � i% Please PRINT your name Please PRINT your name 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 July 7, 2016, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, July 21, 2016, At 6:30 P.M. in The Borough Assembly Chambers. RECEIVED a Department Update From Engineering and Facilities Director Bob Tucker. AD OPTED Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of An ±18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From Commercial/Business To Industrial/Light Industrial (P&Z Case No. 16-017). AD OPTED Ordinance No. FY2016-25 Rezoning An ± 18.24 Acre Portion Of Lot 2, U.S. Survey 1673 From B-Business District To I-Industrial District (P&Z Case No.16-018). AD OPTED Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 1A Through 22A Seaview Subdivision, U.S. Survey 2539 Old Shipyard-Womens Bay Parcels A And B, And Lash Dock Tideland Lease From Conservation To Industrial/Light Industrial (P&Z Case No. 16-013). AD OPTED Ordinance No. FY2016-26 Rezoning Lots 10 Thru 13, Block 31, East Addition Subdivision FROM R2-Two Family Residential To R3-Multifamily Residential (P&Z Case No. 16-012). ADOPTED Findings Of Fact In Support Of The Adoption Of Ordinance No. FY2016-26. AUTHORIZED The Manager To Execute Contract No. FY2014-10A Extending Contract No. FY2014-10 Professional Legal Services With Levesque Law Group, LLC For A Period Of One Year And DIRECTED The Manager To Renegotiate The Fee Schedule. AU THORIZED The Manager To Execute Contract No. FY2017-06 With Providence Kodiak Island Counseling Center Of Kodiak, Alaska To Provide Mental Health Services For The 2016-2017 School Year In An Amount Not To Exceed $400,000. AUTHORIZED The Manager To Execute Contract No. FY2017-05 With Brechan Construction LLC Of Kodiak, AK For The Landfill Lateral Expansion Cell 1 Rainsheet Project In An Amount Not To Exceed $288,418. ADOPTED Resolution No. FY2017-03 AML JIA Adopting To Participate In The Alaska Municipal League Joint Insurance Association (AMLJIA) Loss Control Incentive Program. ADOPTED Resolution No. FY2017-04 Expressing A Deep Sense Of Urgency For The Alaska State Legislature To Take Immediate Action During The Fifth Special Session Of The 29th Legislature To Pass All Necessary Fiscal Legislation Required To Provide For A Fair, Balanced, And Sustainable State Budget. APPROVED The Boundary Change To Expand The Harvest Timber Area Per Contract No. FY2016-45, Section 11R. Vol. FY2017, No. 1 July 8, 2016 Kodiak Island Borough Assembly Newsletter