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2016-06-16 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, June 16, 2016, 6:30 p.m., Assembly Chambers INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 4-13 A. *Regular Meeting Minutes of April 7 and April 21, 2016, Regular Meeting Minutes of April 7 and April 21 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 14 A. Proclamation - Recognizing the Courageous Efforts of the FV Alaskan Crew, FV Norquist Crew, Icicle Seafoods Personnel, and the U.S. Coast Guard for Protecting the Well -Being of Others. Proclamation Recognizing the Courageous Efforts COMMITTEE REPORTS PUBLIC HEARING Meeting broadcast live over radio station KMXT 100.1 FM. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough@KodiakBorough @KodiakBorough www.kodiakak.us 91 Page 1 of 207 15-23 A. Ordinance No. FY2016-01A Amending Ordinance No. FY2016- 01, Fiscal Year 2016 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Ordinance No. FY2016-01A Budget Amendment - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 24-45 A. Resolution No. FY2017-02 Reestablishing The Fees For The Kodiak Island Borough. Resolution No. FY2017-02 Reestablishing KIB Fees - Pdf Revised Fee Schedule Attachment V.3 13. NEW BUSINESS 13.A. Contracts 46-82 1. Contract No. FY2017-03 Discover Kodiak Destination Marketing And Tourism Development Services For FY2017 2016-06-13 Discover Kodiak -Chastity McCarthy Contract No. FY2016-20 - Pdf Contract No. FY2017-03 Discover Kodiak Contract - Pdf Discover Kodiak Special Proiect Agreement FY17 13.B. Resolutions 13.C. Ordinances for Introduction 83-104 1. 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 (P7Z Case No. 16-017).. Ordinance No. FY2016-23 Comp Plan Lot 2, S1673 - Pdf 105-126 2. 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. 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 2 of 207 Ordinance No. FY2016-25 Rezoning Lot 2, Survey 1673 - Pdf 127-157 3. 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. Ordinance No. FY2016-24 Como Plan Amendment Old Shipyard - Pdf 158-195 4. 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 13.D. Other Items 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 196-207 1. Parks and Recreation Committee Regular Meeting Minutes of April 26, 2016 and Planning and Zoning Commission Regular Meeting Minutes of April 20, 2016. Meeting Minutes of Other Boards 17.6. 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 facebook.com/Kodiakislandborough © @KodiakBorough www.kodiakek.us Page 3 of 207 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting April 7, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on April 7, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major Richard Greene of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Mel Stephens, and Dennis Symmons. Also present were Administrative Official Bill Roberts, Borough Clerk Nova Javier, and Assistant Clerk Laurie Pardoe. PETERSON moved to excuse Assembly members Dan Rohrer and Rebecca Skinner who were absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA LEDOUX moved to suspend the rules by moving citizens' comments after awards and presentations. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. CROW moved to approve the agenda and consent agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of February 18 and March 3, 2016 and Special Meeting Minutes of February 15, February 25, and March 10, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Monique Lewis, Betty MacTavish, and Marissa Cornett spoke against Contract No. FY2016-44. Judi Kidder spoke in appreciation of the Arctic Care Innovative Readiness Training program and spoke against Contract No. FY2016-44. Jonathan Strong spoke in favor of democratic process in regard to Contract No. FY2016-44 AWARDS AND PRESENTATIONS Mayor Friend proclaimed the Month of April 2016 as Child Abuse Prevention Month and called upon all citizens to increase their participation in our efforts to prevent child abuse, thereby strengthening the communities in which we live. Kodiak Island Borough Assembly Regular Meeting Minutes April 7, 2016 Page 1 of 4 "Regular Meeting Minutes of April 7 and April 21, 2016. Page 4 of 207 AGENDA ITEM #5.A. Mayor Friend proclaimed the month of April 2016 as Sexual Assault Awareness Month and encouraged all residents to support local activities and programs, which assist victims, and to learn more about the pervasiveness to sexual assault in Alaska so we may eliminate this heinous crime. Mayor Friend proclaimed the month of April 2016 as Month of the Military Child and encouraged all Kodiak residents to show appreciation, support, and understanding to the military children in our community. Mayor Friend proclaimed the week of April 10 through April 16, 2016 as the Week of the Young ChildT in Kodiak, Alaska and encouraged all citizens to work to make a good investment in early childhood in Kodiak, Alaska. COMMITTEE REPORTS Assembly member Crow reported on the Joint Building Code Review Committee meetings of March 30 and April 6, 2016 to discuss the 2012 residential building codes and other new codes recently adopted by the State of Alaska. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Administrative Official Roberts announced the following: • The Clerk's office moved into a space near the Assembly chambers • Meagan Christiansen would be the new Procurement Officer for the Kodiak Island Borough • The bill for the Chiniak timber study came in approximately $5,500.00 under budget • Presented a short update on the potential development of a timber harvest contract MESSAGES FROM THE BOROUGH MAYOR Mayor Friend reported that he received a phone call from Senator Stevens in response to letters he received from the Kodiak Island Borough regarding the landfill. Mayor Friend also reported on Senator Sullivan's recent visit to Kodiak for the Comftsh Alaska Convention and items that were discussed in a meeting between Senator Sullivan and other mayors within the Borough. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. PETERSON moved to approve Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough and Mr. Michael Powers as Borough Manager. The process of hiring for the Kodiak Island Borough Manager started in November of 2015. The Assembly interviewed two candidates and decided to offer the position to Mr. Michael Powers. A Kodiak Island Borough Assembly Regular Meeting Minutes April 7, 2016 Page 2 of 4 'Regular Meeting Minutes of April 7 and April 21, 2016. Page 5 of 207 AGENDA ITEM #5.A. negotiating team comprised of Assembly members Larry LeDoux and Frank Peterson Jr. was formed by the Assembly to discuss the terms of the contract with Mr. Powers. ROLL CALL VOTE ON MOTION FAILED THREE TO TWO: Peterson, Stephens, and Symmons (Noes); Crow and LeDoux (Ayes). Assembly member Peterson originally voted yes and changed his vote to no. Resolutions 1. Resolution No. FY2016-33 Approving a Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. LEDOUX moved to approve Resolution FY2016-33. The Kodiak Island Borough entered into a lease agreement with the General Services Administration in March 1997 for the use of the Kodiak Fisheries Research Center by National Oceanic and Atmospheric Administration (NOAA). Throughout the term of the lease, there have been points of disagreement between GSA and KIB regarding definition and interpretation of certain items within the lease such as space allocation, operating costs, R&R/major maintenance, building support staff, etc. GSA proposed a "superseding lease" meaning a new lease with new terms would go into effect before the expiration of the existing lease. As such, staff from GSA, NOAA and KIB have been meeting regularly and working cooperatively to negotiate a new lease that is agreeable and clear to all parties involved. The new lease was for 20 years with 15 years firm and a possible five-year extension. LEDOUX moved to postpone Resolution No. FY2016-33 to a special meeting of the assembly CROW moved to amend to postpone Resolution No. FY2016-33 to the next regular meeting of the assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: LeDoux, Peterson, Stephens, Symmons, and Crow. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Peterson, Stephens, Symmons, Crow and LeDoux. Ordinances for Introduction None. Other Items None. CITIZENS' COMMENTS Betty MacTavish spoke against Contract No. FY2016-44. Kodiak Island Borough Assembly Regular Meeting Minutes April 7, 2016 Page 3 of 4 "Regular Meeting Minutes of April 7 and April 21, 2016. Page 6 of 207 AGENDA ITEM #5.A. Judi Kidder spoke in support of reconsideration of Contract No. FY2016-44 at a future date because the entire Assembly should be present to vote on important issues. Sam Rohrer spoke in support of assembly discussion within a public meeting rather than comments through public media. ASSEMBLY MEMBERS' COMMENTS Assembly member Symmons asked citizens to apply for a seat on the Marijuana Task Force, and expressed gratitude to Scott Bonney as a representative of Chiniak. Assembly member Stephens expressed disappointment that some believe one must limit their right of free speech upon election to public office. Assembly member LeDoux suggested that someone should write a letter of gratitude for the Arctic Care Innovative Readiness Training program, encouraged citizens to buy a pass to the Alaska State Parks, and expressed appreciation for the public comments. Assembly member Peterson expressed gratitude for the parliamentary procedure process. Assembly member Crow expressed his gratitude for being a part of the Assembly and encouraged involved citizens to run in the next election. Announcements Mayor Friend announced that the next Assembly work session would be held on Thursday, April 14 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting was scheduled for Thursday, April 21 at 6:30 p.m. in the Borough Assembly Chambers. He encouraged people to apply for a seat on the Marijuana Task Force. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Symmons, Crow, LeDoux and Peterson. The meeting was adjourned at 8:20 p.m. ATTEST: KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes April 7, 2016 Page 4 of 4 'Regular Meeting Minutes of April 7 and April 21, 2016. Page 7 of 207 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting April 21, 2016 A regular meeting of the Kodiak Island Borough Assembly was held on April 21, 2016, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major Richard Greene of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Jerrol Friend, Assembly members Kyle Crow, Larry LeDoux, Frank Peterson, Dan Rohrer, Rebecca Skinner, Mel Stephens, and Dennis Symmons. Also present were Borough Administrative Official Bill Roberts, Borough Clerk Nova Javier, and Deputy Clerk Angela MacKenzie. APPROVAL OF AGENDA AND CONSENT AGENDA ROHRER moved to approve the agenda and consent agenda. ROHRER moved to amend the agenda by removing item 13.D.1. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY. VOICE VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular meeting minutes of February 4, 2016 were approved under the consent agenda. CITIZENS' COMMENTS Residents of Chiniak Scott Bonney, Sara Fish, Tony Blazey, Susan Baker, Norm Botz, David Lakings, Maureen Butler, Theresa Bonney, Tom Dinnocenzo, Virginia Adams, John Butler, Rainy Bonney, Peter Hanley, Tanya Inge, and Randy Gifford made comments requesting more time before deciding to process the Twin Creeks burnt timber. Peter Hanley spoke in support of the Termination Point and Long Island easements presented by Great Land Trust. Judi Kidder made comments regarding the Borough process dealing with citizens, sympathized with the Chiniak residents and compared it to the displaced residents of the Jackson Mobile Home Park. She also recommended that the Borough coordinate with the State on the road realignment of Otmeloi to incorporate utilities. Betty McTavish expressed reservations on authorizing Contract No. FY2016-44. AWARDS AND PRESENTATIONS Administrative Official Roberts presented the Employee of the Quarter Award for the First Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 1 of 6 'Regular Meeting Minutes of April 7 and April 21, 2016. Page 8 of 207 AGENDA ITEM #5.A. Quarter of 2016 to Paul VanDyke, Information Technology Supervisor in the Information Technology Department. Mayor Friend presented the Certified Municipal Clerk Designation to Angela MacKenzie, Deputy Clerk in the Clerk's Office. Mayor Friend presented a plaque of appreciation to outgoing Finance Director Karleton G. Short. Austin Quinn -Davidson, Great Land Trust Legal Affairs and Land Transactions Director, gave a presentation on the Termination Point and Long Island easements. COMMITTEE REPORTS Assembly member Skinner provided an update on the Kodiak Fisheries Work Group noting focused dialogue with various stakeholders on the Gulf Trawl Bycatch Management alternatives before the North Pacific Fishery Management Council. There would be a presentation by the McDowell group at the next scheduled meeting on April 27, 2016. Assembly member Peterson attended the Kodiak College Advisory Council and encourage public involvement. The Alutiiq Museum's open house was this Saturday featuring a lost kayak that had made its way home. Assembly member Rohrer announced that Providence Kodiak Island Medical Center Community Advisory Board was working on a community needs assessment and a survey should be available soon. Assembly member Crow attended a Joint Building Cade Review Committee regular meeting on April 14 and discussed the Alaska Housing Finance Corporation energy requirements and pending Ordinance No. FY2016-12. Mayor Friend attended the Borough Lands Committee meeting where they plan to bring forward about fourteen lots for disposal this fall. They also plan to work on Title 18. Assembly member Symmons announced the Kodiak Workforce Regional Advisory Council was working on an open house during the Kodiak Archipelago Rural Regional Leadership Forum in May. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Administrative Official Roberts Reported on the Following: • Commented on the progress Fire Chief Howard Rue had made since becoming the Fire Chief and encourage the Assembly to take a tour • Solid Waste Advisory Board to address the Solid Waste RFP • Tsunami siren in Chiniak should be working next week • House Bill 210 on revenue sharing; if signed the Borough's share would be up from anticipated Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 2 of 6 "Regular Meeting Minutes of April 7 and April 21, 2016. Page 9 of 207 AGENDA ITEM #5.A. MESSAGES FROM THE BOROUGH MAYOR Mayor Friend spoke on the following: • Provided an update on filling the Marijuana Task Force • Clerk's Office has moved upstairs • Thanked Arctic Care for the services they provided UNFINISHED BUSINESS 1. Reconsideration of Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. PETERSON moved to reconsider the vote taken on Contract No. FY2016-44 employment contract between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager. The process of hiring for the Kodiak Island Borough Manger started in November of 2015. The Assembly interviewed two candidates and decided to offer the position to Mr. Michael Powers. A negotiating team comprised of Assembly members LeDoux and Peterson Jr. was formed by the Assembly to discuss the terms of the contract with Mr. Powers. This was presented to the Assembly on April 7 and failed by three yes and two no votes. A reconsideration was filed by Assembly members Peterson and Crow. Clerk's note: At the request of Mr. Powers, the start date would be updated to May 23, 2016. ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED FIVE TO TWO: Crow, LeDoux, Peterson, Rohrer, and Symmons (Ayes); Skinner and Stephens (Noes). PETERSON moved to amend Contract No. FY2016-44 Employment Contract Between the Kodiak Island Borough Assembly and Mr. Michael Powers as Borough Manager to reflect a start date of May 23, 2016. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: LeDoux, Peterson, Rohrer, Stephens, Symmons, and Crow (Ayes); Skinner (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED FIVE TO TWO: Peterson, Rohrer, Symmons, Crow, and LeDoux (Ayes); Skinner and Stephens (Noes). 2. Resolution No. FY2016-33 Approving A Lease Agreement Between the Kodiak Island Borough and the General Services Administration for a Portion of the Kodiak Fisheries Research Center. The motion on the floor was: Move to approve Resolution FY2016-33. The Kodiak Island Borough entered into a lease agreement with the General Services Administration (GSA) in March 1997 for the use of the Kodiak Fisheries Research Center by National Oceanic and Atmospheric Administration (NOAA). Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 3 of 6 *Regular Meeting Minutes of April 7 and April 21, 2016. Page 10 of 207 AGENDA ITEM #5.A. Throughout the term of the lease, there had been points of disagreement between GSA and the Borough regarding definition and interpretation of certain items within the lease such as space allocation, operating costs, R&R/major maintenance, building support staff, etc. GSA proposed a "superseding lease" meaning a new lease with new terms would go into effect before the expiration of the existing lease. As such, staff from GSA, NOAA, and the Borough had been meeting regularly and working cooperatively to negotiate a new lease that was agreeable and clear to all parties involved. The new lease was for 20 years with 15 years firm and a possible five-year extension. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Rohrer, Symmons, Crow, LeDoux, and Peterson (Ayes); Skinner and Stephens (Noes). NEW BUSINESS Contracts 1. Contract No. FY2016-45 - A Salvage Timber Sale Contract Between the Kodiak Island Borough and A-1 Timber Consultants, Inc. SKINNER moved to adopt Contract No. FY2016-45 a sole source contract for salvage timber sale between the Kodiak Island Borough and A-1 Timber Consultants, Inc. Staff had prepared a draft salvage timber sale contract for consideration by the Assembly. The Borough Attorney or Risk Manager had not reviewed the contract 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 3.30.070.8. 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 properly harvest and reclaim borough lands. This has created an emergency under the KIBC 3.30.070.8 which allows 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 to postpone Contract No. FY2016-45 to the May 5, 2016 regular meeting ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Skinner, Stephens, Symmons, Crow, LeDoux, Peterson, and Rohrer. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2016-19 Rezoning Lot 1, Sawmill Subdivision from C -Conservation District to I -Industrial District. SKINNER moved to adopt Ordinance No. FY2016-19 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 4 of 6 "Regular Meeting Minutes of April 7 and April 21, 2016. Page 11 of 207 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. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Symmons, Crow, LeDoux, Peterson, Rohrer, and Skinner. Other Items 1. Declaring a Seat on the Architectural Review Board Vacant (Ms. Kelsea B. Kearns). LEDOUX moved to accept, with regret, the resignation of Ms. Kelsea Kearns from the Architectural Review Board and directed the Borough Clerk to advertise the vacancy per Borough Code. Ms. Kelsea Kearns had served on the Architectural Review Board since January 22, 2015. Her resignation letter was attached to the packet. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Crow, LeDoux, Peterson, Rohrer, Skinner, and Stephens. 2. Confirmation of the Mayoral Appointment to the Parks and Recreation Committee (Mr. Stephen Paulson). PETERSON moved to confirm the Mayoral appointment of Mr. Stephen Paulson to the Parks and Recreation Committee for a term to expire December 2018. There was currently one vacancy on the Parks and Recreation Committee and the Borough Clerk's Office had received an application from Mr. Stephen Paulson on April 13, 2016 for a term ending December 2018. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Craw, LeDoux, Peterson, Rohrer, Skinner, Stephens, and Symmons. 3. Confirmation of the Manager's appointment of the Director of Finance (Ms. Dora Cross). LEDOUX moved to confirm the Manager's appointment of Ms. Dora Crass as the Director of Finance. The Manager advertised in-house and interviewed Revenue Accountant Dora Cross. The Manager recommended Ms. Cross for the position of the Director of Finance. Kodiak Island Borough Assembly Regular Meeting Minutes April 21, 2016 Page 5 of 6 *Regular Meeting Minutes of April 7 and April 21, 2016. Page 12 of 207 AGENDA ITEM #S.A. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: LeDoux, Peterson, Rohrer, Symmons, and Crow (Ayes); Skinner and Stephens (Noes). CITIZENS' COMMENTS Judi Kidder announced Kodiak Community Cleanup Day was Saturday, May 7. She also invited the community to volunteer for a group called Cleanup Kodiak that gets together throughout the year to cleanup community spaces. Betty McTavish voiced disappointment with the approval of Contract No. FY2016-44. ASSEMBLY MEMBERS' COMMENTS Assembly member Peterson congratulated Ms. Dora Cross for her promotion to Finance Director and reminded everyone of the Alutiiq Museum's grand opening this Saturday. Assembly member Rohrer expressed gratitude to the staff for its diligence with the Chiniak residents. Assembly member Symmons thanked the public and staff for attendance to the meetings. Assembly member LeDoux congratulated Ms. Dora Cross for her promotion to Finance Director and thanked the outgoing Finance Director, Karl for his service. He spoke about being one of a seven -member assembly and that together they were better than one. He thanked the Chiniak community for speaking up. Announcements Mayor Friend announced the next Assembly work session would be held on Thursday, April 28 at 6:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, May 5 at 6:30 p.m. in the borough assembly chambers. ADJOURNMENT PETERSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Peterson, Rohrer, Skinner, Stephens, Symmons, Crow, and LeDoux. The meeting was adjourned at 10:02 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough April 21, 2016 KODIAK ISLAND BOROUGH Jerrol Friend, Mayor Approved on: Regular Meeting Minutes Page 6 of 6 'Regular Meeting Minutes of April 7 and April 21, 2016. Page 13 of 207 AGENDA ITEM #7.A. ,Vroclamatiorr RECOGNIZING THE COURAGEOUS EFFORTS OF THE FV ALASKAN CREW, FV NORQUIST CREW, ICICLE SEAFOODS PERSONNEL, AND THE US COAST GUARD FOR PROTECTING THE WELL-BEING OF OTHERS WHEREAS, a terrifying fire occurred on Thursday, June 2, 2010, at the Spirit of Alaska Wilderness Adventures Lodge in Uyak Bay claiming the life of one person and causing injuries to three people; and WHEREAS, Mr. Jake Everich, Skipper of the FV Alaskan, reported the fire, assembled a crew with Icicle Seafoods employees and risked their lives and health to protect the lives and safety ofothers;and WHEREAS, Mr. Everich, aboard the FV Alaskan, transported the injured to Larsen Bay and awaited for the arrival of the helicopter from the USCG Air Station in Kodiak who eventually transported the victims to Providence Kodiak Island Medical Center; and WHEREAS, this proclamation also acknowledges the noteworthy efforts of the crew of FV Norquist who were on scene and helped with the extinguishing of the blaze; and NOW, THEREFORE, I, Jerrol Friend, Mayor of the Kodiak Island Borough do hereby recognize the courageous efforts of the FV Alaskan Crew, FV Norquist Crew, Icicle Seafoods Personnel, and the US Coast Guard who volunteered and came to the aid and protected the lives and well-being of their fellow men. 071 M7111W rrJreWf (J-7//aW heremlfo rel nip O'�m1r(mlAunue dritreallo Je rtfferul .�161 Cale Proclamation - Recognizing the Courageous Efforts of the FV ... Page 14 of 207 AGENDA ITEM O.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT G.'y JUNE 16, 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-01A Amending Ordinance No. FY2016-01, Fiscal Year 2016 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. ORIGINATOR: Dora Cross FISCAL IMPACT: Yes Account Number: FUNDS AVAILABLE: Amount Budgeted: SUMMARY STATEMENT: This budget adjustment accounts for the following: • Move $93,000 from the Information Technology Department to the Community Development Department to account for moving of the GIS Analyst position from the IT Department to Community Development. • Add $4,479 to Trinity Island Paving Fund to cancel out negative fund balance • Move incorrectly coded lease income from Land Sale Fund (Fund 210) to Women's Bay Road Service District (Fund 240) • Decrease transfers out from the Facilities Fund (Fund 276) by $196,546 • Add $62,818 from the sale of bonds to the Debt Service Fund (Fund 300) • Approve spending $100,000 from Womens Bay Fire Department for Womens Bay Emergency Center construction • Add $10,566 to the Oil Spill Disaster Fund (Fund 270) to cover expenses that were not reimbursed. • Move $25,455 from Debt Service (Fund 300-300) to Karluk Clean Water Loan Debt Service (Fund 300-307) paying off that loan early. • Transfer $379,580 from Capital Projects -Borough (Fund 410) to Capital Projects - School (Fund 420) • Combine Old Harbor Emergency Generator and Karluk Emergency Generator Projects into one Emergency Generator Project in Capital Projects (Fund 450) • Return a total of $272,409 to State of Alaska for KHS Swimming Pool Project. $52,392 from Renewal and Replacement Projects Fund (Fund 469) and $220,017 from Capital Projects -School (Fund 420). • Transfer $69,553 from Debt Service (Fund 300) to Capital Projects -School (Fund 420) to account for less revenue received than originally budgeted for. • Reclassify $2,842,548 of loans in Capital Projects -Solid Waste (Fund 490) as revenue. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-01 A. Kodiak Island Borough Ordinance No. FY2016-0 1 A Amending Ordinance No. FY2016-01, F... Page 15 of 207 AGENDA ITEM O.A. Ordinance No. FY2016-01A Amending Ordinance No. FY2016-01, F... Page 16 of 207 Introduced by: Borough Manager Requested by: Finance Director I Drafted by: Finance Director 2 Introduced: 06/022016 — Public Hearing: 061162016 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2016-01A 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH AMENDING ORDINANCE NO. FY2016.01, FISCAL YEAR 10 2016 BUDGET, BY AMENDING BUDGETS TO ACCOUNT FOR 1 I VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 12 ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN 13 PROJECTS. 14 15 WHEREAS, it was decided to move the GIS position and duties and the associated 16 expenditure budget of $93,000 from the Informational Technology Department to the 17 Community Development Department; and 18 19 WHEREAS, the Trinity Acres paving fund, which is complete, has a negative fund 20 balance of $4,479 due to unbudgeted contract prepayments; and 21 22 WHEREAS, lease Income of $27,600 was recorded In Land Sale (Fund 210) and it 23 should have been recorded in Womens Bay Road Service (Fund 240); and 24 25 WHEREAS, due to lower than budgeted investment earnings in the Facilities Fund 26 (Fund 276) In FY2016 due to transfer of inter -fund loans to the Hospital Fund (Fund 540), 27 the transfers out in FY2016 have to be reduced by $196,546; and 28 29 WHEREAS, sale of the FY2015 bonds resulted in a premium of $62,818 which can be 30 deposited in the Debt Service Fund (Fund 300); and 31 32 WHEREAS, the Womens Bay Fire Department (Fund 252) has agreed to pay the sum of 33 $100,000 for the construction of the Womens Bay Emergency Center; and 34 35 WHEREAS, the Oil Spill Disaster Fund (Fund 270) was used to account for possible 36 reimbursement of $10,566 of cleanup expenditures, however since they were not 37 reimbursed, a transfer from the General Fund (Fund 100) will cover those expenditures; 38 and 39 40 WHEREAS, due to the delay in selling bonds in Debt Service (Fund 300-300), the 41 unused expenditure will be used to retire the $25,455 Karluk Clean Water loan in Debt 42 Service (Fund 300-307) early thereby eliminating future interest expenses on this loan; 43 and 44 Kodiak Island Borough, Alaska Ordinance No. FY2016-OIA Page 1 of 2 Ordinance No. FY2016-01A Amending Ordinance No. FY2016-01, F... Page 16 of 207 AGENDA ITEM #9.A. Ordinance No. FY2016-01 A Amending Ordinance No. FY2016-01, F... Page 17 of 207 45 WHEREAS, interest earnings in the Capital Projects -Borough (Fund 410) have 46 exceeded the budget by $379,580 and those funds will be transferred to Capital Project - 47 School fund (Fund 420); and 48 49 WHEREAS, in Capital Projects (Fund 450) the Old Harbor Emergency Generator 50 $1,007,000 and Karluk Emergency Generator $33,000 projects are being combined into 51 one Emergency Generator project $1,040,000; and 52 53 WHEREAS, the High School Swimming pool project came in $272,408.60 under budget 54 and this money must be returned to the state. $52,392 will come from the Renewal and 55 Replacement Projects (Fund 469) and $220,016.60 will come from Capital Projects -School 56 (Fund 420); and 57 58 WHEREAS, actual revenues in fund 420 were $69,553 less than budgeted this amount 59 will be transferred from Debt Service (Fund 300); and 60 61 WHEREAS, the $2,842,548 of loans In Capital Projects -Solid Waste (Fund 490) will be 62 reclassified to revenue to facilitate better project management and tracking; and 63 64 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 65 BOROUGH that: 66 67 Section 1: This ordinance is not of general application and shall not be codified. 68 69 Section 2: The FY2016 budget will be amended per the attached schedule. 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS DAY OF 2016 73 74 75 KODIAK ISLAND BOROUGH 76 77 78 79 Jerrol Friend, Borough Mayor 80 81 ATTEST: 82 83 84 85 Nova M. Javier, MMC, Borough Clerk 86 87 Kodiak Island Borough, Alaska Ordinance No. FY2016-OIA Page 2 of 2 Ordinance No. FY2016-01 A Amending Ordinance No. FY2016-01, F... Page 17 of 207 AGENDA ITEM #9.A. Ordinance No. FY2016-01AAmending Ordinance No. FY2016-01, F... Page 18 of 207 Mid -Year Budget Amendment 2016.01(A) A. of aWgN Adopted Budget U300010 BalanceA0luiwenb 0.293241 Bu0pa1 Fund let Oamrol Fund Revenues Realpropane, Tax 102,000 10],5]5 421 102.000 Proem 12,00 11,655 115 12,000 Nomad Nan ce Taxes 50,000 44,851 5,349 50,000 t In Ums aTax paymentInNTaxes 1,]50,00 142,358 1,181,841 1,154,000 ax. Severance Team 1,150,00 1,102,407 740,591 1,8551000 Licenses 11 let on Tu 175,00 44,440 40,554 175,00 LicensesPiniand50,000 45,430 0,504 52,000 Federal Beano Revenue 152,400 - 152,400 152,400 Shared Revenue 2,495,2]] 2,202,5]] 292,(55 2,05377 Animal Animal - 55 (55) 0 Investment Ea eel Forelegs 0,0 45,55 (16,885) 30,000 One, Other 1850 31,944 (15244) 15,500 Bela of FixedMsals 5,000 - 5,00 5,000 UsaofInda Balance u 921,031 - 921.531 B2L8] TransferrIn 0 TOLL( 7314,202 3,688.829 3,]44,6)9 - 7.214.800 Expend5uns: Bamugh Assembly 185,554 121,039 74,515 - 185,554 Bonngh Manager 250,304 494,480 355,802 - 550,304 Borough Clork 5]0,3]8 438,08 132,36a - 5)0,1)0 Borough Allomey 134,000 111.014 72900 - 100000 Finance Depanmenl 1 01745 )61.9]4 255493 - 1.91]467 Intomlallon TeolnNogy Oepanment 1047,744 836,863 210,881 (93.000) 954,744 Assessing Department 706461 556.339 156.124 - 706263 Englneenng/Facilities Gepl 163.5)3 166717 (23.144) - 163.573 Community Development 715,262 510,264 190,896 03,000 ingi. Building Official 158650 80,061 78589 - 158050 Economic Oevelepmenl 117.100 17,081 too, 019 - 117.105 General Administration 222,100 140,242 75,1152 - 222.100 Park. and ReAnd .Von 153,000 15794 137,205 - 153,00 Emergency Pmpantlneo 47,000 51209 41,791 47,000 Animal Contest 10,415 109,415 - 109,415 Education, Culture and Reueafion 20,200 22,740 (2,506) - 20,200 College and Laxames 195,000 45,000 - - 195,000 Non -Pram Funding 390,000 3119,000 1,000 - 390,000 Transhn Out 351.800 505,000 8,00 1511550 Total 7,214.802 5,342,1165 1,1171,942 - 7,214,1100 Fund 201 School Damon Support - Revenue m,9os,8o0 10,753,105 152,495 - 1090,50 Expenditures 10.906600 5,005014 2040,288 - 10,905,600 Fund 210 Land Sales - Revenue 244.722 52730 181.992 27.000 272.322 Ex,nd5uref 244,722 167,703 76939 27800 272 322 Fund 220 Buildings and Grounds Revenues Revenues 451,736 554238 (112 703) - 451,736 Tnmfars in 216,124 18,00 193,124 - 218,124 In1enM Earning, - 3,025 (3,025) - 0 Use of Fund Balance 97.1]] B7,133 a7,133 Total Revenues 754,993 5115,4114 193,529 - ]54,99] Eependllun. Borough Building 557,957 500,095 20,161 - 55],5) MHC Apartment; 25,000 5,572 19,32a - 25,00 Solvent SullOings Mayor retain 137.430 502 130,934 1]],436 CSInlak appeal - - - 0 Vawos Balned. 10,000 8,102 930 - 10,000 Project Of. Expenses 7,700 4,358 3,344 - 7,700 Lang Term Can Facility 17,000 17.000 17,000 Total Expenditures ]54,99] 359,389 3851604 - 754,993 Ordinance No. FY2016-01AAmending Ordinance No. FY2016-01, F... Page 18 of 207 AGENDA ITEM O.A. Ordinance No. FY2016-01 A Amending Ordinance No. FY2016-01, F... Page 19 of 207 Mid -Year Budget Amendment 2016.03(A) As of BWg Adaptive Budget4/]9rzBt8 Balance ptliustments Revlsetl Budget Fund 284 L.E.P.0. Revenues 14,343 1,98] 12 358 - 14,343 EapenCilurti 14.34] STBB 8 55 - 14 343 Fund 240 Wemans Bay Road entries Revenues 208.500 192.405 16,095 27.600 238.100 Expenditures 200,500 155.18] 53,333 27.600 236,100 Fund 242 Barvlea District N0.1 Revenues 477,000 388.732 08,288 4479 481,479 Expenditures 477,000 211,983 259037 4,479 738037 Fund 240 Sarvica Also No. 2 Revenues 100 27 73 - 100 Expenditures 100 0 100 - 100 Fund 244 Monam" Bay Road District Revenues 60,000 80002 (2) - 60,000 Expenditures 60090 19,231 40,769 - eopo0 Fund 246 Bay Vl.w Read Barvlea Ana Revenues 15,257 13958 1,599 - 15,257 Expenditures 15257 5,529 9,728 - 15,257 Fund 260 Fin Pmtaation Ane No. t Revenues 776005 580.179 195828 - 778.005 Expenditures 778005 261,599 514496 - 776095 Fund 262 Woman. Bay Fin D., meant Rwenuea 225000 126604 90.196 100000 325.000 Expenditures 225000 65635 158364 100000 325,000 Fund 264 NIB Airport Fin District Revenues 1]900 14959 (l 059) - 13 Sao Expenditures 13000 14,330 (530) - 13950 Fund 260 Woodland Acres Stuart Lights Revenues 5.140 5070 70 - 5,14a Expenditures 5.140 3,612 1,528 - 5.140 Fund 261 Unity Islands Ughting Dist Revenues 2,330 2,457 (127) - 2,330 Expenmturcs 2,330 1,345 085 - 2330 Found H2 Mission I+3s Theis 0.1. Revenues 5400 8.180 (780) - 5400 Expenditures 5,400 1.025 4 375 - 5,400 Fund 263 Tinny Islands Paving Dist. Revenues - - - 4479 4479 Expenditures - 4,479 (4 479) 4,479 4479 Fund 210 Oil Spin Diseabr Fund Revenues Expendlturts - .10,586 (10 586) 10566 10566 Fund 276 Faeill6s. Fund Revenues 700000 385,181 314819 - 750000 Expendltuns-rrindera Our. Education Support Fund 140,000 140.000 - - 140,000 Building 6 Grounds 16,000 18,050 - - 18000 Debt S.M.. 150000 150.900 - %50000 CripBal Protests Fund 489 R 6 R - 2117,000 237.000 - (198.546) 90.454 OonBngencles 105.000 106.000 194546 301.548 Total Expenditures 700000 595,000 105000 - 700,000 Ordinance No. FY2016-01 A Amending Ordinance No. FY2016-01, F... Page 19 of 207 AGENDA ITEM #9.A. Ordinance No. FY2016-0 1 A Amending Ordinance No. FY2016-01, F... Page 20 of 207 Mid -Year Budget Amendment 2016-011A) As of Budget Adopted Budget 4/301 Balance Adjustments Revised Budget Fund 277 Tourism Development Revenues BB coo 103,]]0 (5,738) - BBABO Expenditures 86,000 05.000 13.000 - 98,000 Fund 280 Firm Fuller Trust Revenues 66.500 510 85990 - 6.500 Expenditures all 68,500 - - 0.500 Fund 200 Debt Irr ipe Revenues Prapeny taxes 2,040.000 2,033,]32 6,266 - 2040000 State Debt Relmdunemenl 4525508 4.304,0]] 223028 - 4,520,500 Interest Earnings 2000 (3821 2382 - 2,000 Omoeeds of Bond lnuee - 113,170 (11],1]0) 82,810 82,810' Other - - - - 0 FTotal Fund 150,000 150 000 150000 Talar Revenues 8,]2.Sea 8001 A06 11 B.IDo 02818 6,]03]24 Expenditures ExpeeOBures-Schhel DeM 8.11],90] 6,469.072 244.831 62010 6.778,721 ExpendllumiKaduk Loans 6 80 6.603 6003 Total Expenditures 6,720506 6 469 072 251a34 62616 6 783 324 DePlul Pmjecte Fund 41e4Berpugh Capital Projects: Revenues: 150.000 500.708 (438.708) 378.580 529.580 Total Revenues 150 000 588709 (438709) 379 580 528.560 Projects 65 Val., Metals 150 000 29,129 12.871 150 000 Transfers out Fund 420 378,580 378,580 Total Borough Projects 150000 29.129 120871 379.580 529 Ste Fund 42040 Bond Projects: Revenues. Revenues, vadpus 673,779 804 126 69553 (60.55]) B04.220 Transfer In from Fund 300 69,553 69.553 Transfer In tram Fund 469 - - - 52 392 52.392 Transfer 0 from fund 410 370.580 379.580 Total 073.779 604226 69553 431.972 1,105.]51 Projects. 05009 Kodiak Middle School concrete repair 673,778 60494 69.505 (69.505) 804.274 Cpnten9iences - 229007 (220.057) 229.057 229.067 Reimbursement to State 272,410 272,410 6]3,7]9 833341 (159 582) 431 972 1105,]51 Ordinance No. FY2016-0 1 A Amending Ordinance No. FY2016-01, F... Page 20 of 207 AGENDA ITEM O.A. Ordinance No. FY2016-01AAmending Ordinance No. FY2016-01, F... Page 21 of 207 Mid -Year Budget Amendment 2036-01(A( As of Dudpet Adopted Budget 4002015 Balance A9lutlments Revised Budget Fund 40 Gpdal Projects 12010 Anton Lando Doa Sure Grant 21000.000 2,0G0,00o - 2,000,000 12010 Anton Lanen Gorge Grandcomplete) 50,000 001000 - - 60,000 Various Slate Grants 1.848,000 - 1.548,000 - 1,0411,000 Torinfen In: From Fund 352 Women's Bay Fire Dept for 10012) 10,000 100,000 - 10000 cement fund- bul Match for Denali Grant 1prj 120191 2000a 20.000 - - 20,000 Inlmesteamin, Total Revenues 31518.00 100000 3,745.00 - 3,844000 Proleds: 07003 Island Lake Than 43.000 Bala 4Lta1 - 41.000 97ag9 Tsunami Sinn, Opgrades 6 Auditors 100,00 97.954 2,348 - 10000 10032 Womens Be, Emergency Sharp, 1,800,000 1,510,em 81,304 1.0000 12010 Aralen "men Dock 2,100,000 1,744,887 355,313 2.100,000 Thanafer Totsl Expenditures 3,54a.00 3,aa7,70 5789a - 0,145,000 Fund 480 capital Projects 12000 CMnisk Warning Siren Grant 45000 - 45 DOG 45000 12011 Emergency Demand, Contract, 165853 - 188.553 1.040.000 1208a53` 12012 Old Harbor Generator 1,007,000 - 1.007.000 (1.07.000) 13013 Wduk Gw.raler33,000 _. - ]],000 (33,000) 12108 Battles Emergency GeneratorStateGrant 40.000 - 40,000 - 40,000 M8upperm mst Removal 13004 CIAP VillaTell 2,2ci 2,107852 2,107,152 13D09 CIAP Tell lmppvments li 205,540 - 306,640 Culver Replacement IISAW 1Is,= 114180 115,100 Transfer In fund Transfer In Nntl 250 (le 12011 125,000 - 115,000 - 115,000 Transfer In cit 140012015) O(for(W project 14001) 25,000 35.00 - 2ONS 1 DO Transfer In 1001fw poled 14001) 8,305 8,05 8,05 Interest Emproom Total Revenues ],551,]15 ],854,]16 - ],85/,]15 pmleds: 12009 ChInlak Woming Sirens 45.000 ]475 41.525 - 45000 12011 Emergency Generator 184853 110,509 (am BM) 1,040.01 1.208 553? 12012 OIC Harbor Emergency Generale, 12013"1 Emergency Generator 1.007.000 33,001 1,007,000 33,000 (1,117.000) (33,000) 12016 Bayside Emergency Generator 155000 66,370 56630 155000 13004 CIAP Village Metal & Hazmat Removal 2,107452 497,081 1,690,17t - 2.107,452 13009 CIAP Trail Improvements 204540 55,754 152,708 - 208,540 14111 Lake Oran Culvert Replacement 149,471 137,a17 11,654 149,471 Contingencies - Transfer to Fund 410 Total Expendtuns 3,954,316 1,924008 2,026,310 - 3.951 Fund 496 -High Behool Addition and llanova8en Revenues Sale of Bonds 6457B8U 67,158,484 1,533,330 - 61.51 11121 KHS Vocational and PE FadNiea(STATE GRANT) 7,000,000 7,000,000 7,000.00 Transfer le Fund 460(porlan ofgmn112-d"25) for pi 10021 5381000 534000 - - 5]4000 Trantler In - Fund 420 Other Bond funding'. Boholn0er- Project 050 KHSi EdlPool RedaratlOn 3,577,430 3,577830 - - 3,577,130 Remainder Pmjed 1013 KHS Exited, Inautston a Windows 591,579 581,579 - - 591,579 Remainder- Pmjeo105010 KHS Add Remova18FI0o, Covering 92,166 92,10 - - 93,156 Interest eemerge - 5e3,973 1543,973) - 0 0 Total Revenues a0,479.009 78494852 979,157 - a0,479,009 phaleds 10031 High School Addition And Renovation 60.479.009 77.950.008 2.499.0013 50.Q9.009 Total 51,479,009 77,950.006 2,499,003 - 50,479,009 Ordinance No. FY2016-01AAmending Ordinance No. FY2016-01, F... Page 21 of 207 AGENDA ITEM #9.A. Ordinance No. FY2016-01AAmending Ordinance No. FY2016-01, F... Page 22 of 207 Mid -Year Budget Amendment 2016-G3(A) Aa of B pd Adapted Budget 413042018 Balance Adju= Revised Budget Fund 469 Renevnl and Replacement Protects Revenues State Grant (,onion of prart 12-d.425) lar P01 t002 11002 Ent Elementary Generator S Building 4]5,14] 435,147 - - 435,147 Prop ry, taxes and letedunl loans B, t61,082 1.942.045 4219637 8.181,682 Transfer les'. Facllllles Fund (far object 11002) 780.198 780 105 - 52,392 832,588 Transfer In from Fund 100 66.194 83320 (0.026) Go 194 Talal Revenues 7,443,219 3,240,808 4,102,611 52 392 7,495,611 Expenditures Project Fund 469 - - - e 11002 East Elementary Generator a Building 1,281,537 1,2011,900 72,837 - 1,281,537 11003 Cidnlak Removal of Underground Storage Tank(UST) 389,109 335,205 ]],964 - 389,189 11004 A nklak TeaNerage Rekabllllaicn 45,379 - 45,379 - 45,379 11009 Island Vdde UST Remova9Replacement 582,931 405,932 15B,g9g - 582,931 12001 Borough Building B HOM Star Eldermlry Ext Paint 357,127 313,943 43,184 - 357,127 12005 E.01Petersen Fbpnng 738,504 5.334 733,170 - 738,504 12008 HMS Elevator Cancels 51,a4o 48 51,794 - 51,840 12007 tan e, Be, Old Sd Roof Replacement 598,200 $38,163 60.037 - 588,200 12008 Main Remove UST 02 62 - - 62 13006 Borough Building Rehab 599240 23,520 574,880 598,200 13007 Pon Liters Sufferer Painting 121,700 88,151 35,549 - 121300 13010 HMS HVAC Controls 11537255 - 1,537,255 - 1,537,255 13011 Pearson HVAC 024,427 624,427 - @4427 13012 Middle School Paving 415083 - 415393 - 415,]83 13013 Auditorium Flooding Foyer 6 Hall 141.505 - 141.505 - 141.505 Tamer la fund 420 52.392 52.392 Total Expenditures 7,443319 2,917,256 4.525963 52392 7495511 Fund pO Capital Projects Revenues Proceeds from 2015 Bond Issue 2,000,000 2,000,000 - 2,000,000 Proceeds from 201.Issue 2,000,000 9,000,000 - 8,000,000 ,dal Bond laaue. 2,230,00 2,230.00 22]0.000 Rev Taist Revenues 10,230,000 2,230,000 10,330,000 Pmledf 15003 Roofing replacement - East B HMS DR 1&103 1,397,245 flea 1,]8!1,]80 - 1,357248 15004 East Elemenlary actual Rennitbn OR 15-104 1,592,041 1,592,a41 - 1,582,841 15005 Floating Replacement- Main and Peterson DR 15-105 813,498 3,903 609,585 - 813,405 15008 Fedenen Elementary Bass. and Consols DR 16-100 1,019,42a 10,016 1,06,010 - 1,919428 15007 HMS Fire Alum, HVAC, B Etevatar COnrals DR 15.107 2,035,193 - 2,035,193 - 2,0]5,193 15008 Filling Replacement- Aktlbk,Hatiuk,Oudnkle OR 15-108 3n,4a9 IDO 393,389 - 3a3,432 15009 Paving and UST Repalcemenl DR 15.09 1,797,529 - 1,797,029 - 1,797,820 15010 Playground Replacement DR 15-110 866,099 5,634 662,485 - 00a,UB9 15011 UST ReplacamenbMaln, Old H.,eor,Pon Llan, DR 1 5-1 11 552,375 550.375 552.375 Total Expenditure, 10.230.000 10,2011,1157 10,230,000 Fund 4901amd1111 Capital Prppcb Landfill Labral Bad... had Alaska Clean Water Fund Loan(505041) 14 453 54a 10 0154916 3978 730 - 14 463 548 AOEC Loan (50503t) - 2,000,000 (2,000000) 2.0130,000 2.000000 Alaska Clean Water Fund L... (505061) 3000000 3 000 000 - 3000000 Revenue bonds 3550000 3 850 000 - - 3650000 Municipal Metallnp Grant (5050) _ 151,452 1,000,000 (842,548) 842,546 1,000,00U ADEC Grant (50507) 3,000,00 3 000 000 - 3.000,000 FY 13 Le0islaWe Grant(13-de547) 3,000,000 3.000.000 - 3,000,000 FY 14 Legislative Grant (144a074) 4,529,000 4.529.000 - 4,529,000 FY15 Legislst,r. Grant(15-da095) 200,000 200,000 - 200,000 0 32,000,000 30,883,818 1.135.182 2942540 34,842,548 07013 L2nd011 Lateral Expansion 32,000.000 271545559 4.454441 2,842,545 ]4.642.54! 32000000 27.545 559 4454441 2942548 34,842548 Ordinance No. FY2016-01AAmending Ordinance No. FY2016-01, F... Page 22 of 207 AGENDA ITEM #9.A. Ordinance No. FY2016-01AAmending Ordinance No. FY2016-01, F... Page 23 of 207 Mid -Year Budget Amendment 2016-01)A) Aa of Boge Adaptad guiltiest (/102010 Balance Adlu.MenU ReWutl Budget Fund 496 Hospital Caphal P.Joe is - 06010 Long Tenn Caro Leplislmive grant 1,275,000 - 1,275,000 - 1,275,000 CDBG FY11 9,000 - 9,000 - 901000 Revenue Bends 18.500.000 10.500.00 111,W0.000 Total Revenues 19.85,000 - 19,885,000 - 19,885,000 Expenditures 09010 Long Term Care Confer 19,585,000 15,502.857 4,]02.14] 19.885,000 Total E.,md um. 19,1185,000 15,582.857 4,]02,14] - 19,885.00 Fund 530 Solid Wawa ColfectierdDlapa.al - Revenue. 3,705777 2,061,108 1,717,071 - 3,788,777 Expenditures 3,759,777 1,719,055 2.28.922 - 2,780,777 Fund 048 Hospital Entaryd.. Fund - Rwenu.a - Interest Eamings 40,000 15,895 24,005 - 40,000 Long Tenn Can Center Leu. 1,041,380 950,591 54,709 - 1.041.380 P.Adenoe Hospital Len. 720,000 500,000 120,000 - 720,000 Premium an Bends 85,350 - 85,180 - 85,300 Transfer In from Fern Fuller 85,500 00,500 - - 50,500 Use of Fund Balinese 117,8111 117,515 117,815 Total Revenue. 2071,035 1,839,087 431.951 - 2,071,035 Expenditure. and Transfers: Expendnuru 2,071,035 490,943 1.580.095 2,071.030 Total Expendeums 2,071,010 490,943 1,550,095 - 2,071,038 Fund $55-KWI.k FI.Mrfes Raauroh Canter Revenue. 1.1100744 1,355,74 421A70 1,505.744 1,505,744 1,155,274 421,470 - 1.508,744 E ,smgftur.s Research Facility 1,780,544 8]7,01] 1.121,011 - 175,544 Dom Fatality 45,900 25.207 20,893 45,900 1,505,744 002.220 1,144,524 - 1A00,744 Fund 850-T.laphana 51t S.M.. Revenues 40,000 20,452 19,548 - 40,000 Expenditures 40,000 1,096 35,902 - 40.000 Ordinance No. FY2016-01AAmending Ordinance No. FY2016-01, F... Page 23 of 207 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 16,2016 ASSEMBLY REGULAR MEETING 1. ,? TITLE: Resolution No. FY2017-02 Reestablishing The Fees For The Kodiak Island Borough. ORIGINATOR: Dora Cross FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: KIBC 3.10.190 ordains that all Kodiak Island Borough fees be reviewed on an annual basis. The last fee resolution was reviewed and adopted in June 2015. These fee changes are more inline with the budgetary needs for the 2017 fiscal year. Clerk's note: An amendment was proposed to the Resolution by Assembly member LeDoux regarding the reduction of fees for Owner-Builder/New Residence Construction Fees to $150. Staff will await further direction after discussion at the June 9 work session. A corrected version of the resolution is provided in the packet. RECOMMENDED MOTION: The motion on the floor is to adopt Resolution No. FY2017-02. Kodiak Island Borough Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 24 of 207 AGENDA ITEM #12.A. Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 25 of 207 1 Introduced by: Borough Manager 2 Requested by: Finance Director 3 Drafted by: Finance Director Introduced on: 06/022016 4 Amended: 06/02/2016 5 Postponed: 06/022016 6 Adopted on. 7 8 KODIAK ISLAND BOROUGH 9 RESOLUTION NO. FY2017-02 10 11 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 12 REESTABLISHING THE FEES OF THE KODIAK ISLAND BOROUGH 13 14 WHEREAS, prudent financial management dictates that an organization review its fees 15 on an annual basis; and 16 17 WHEREAS, Kodiak Island Borough Code 3.10.190 ordains that all fees be reviewed on 18 an annual basis; and 19 20 WHEREAS, it is recognized that if a service or program benefits only a select Individual 21 or group of individuals, those Individuals or group of Individuals should pay for the service; 22 and 23 24 WHEREAS, staff has compiled a list of all current fees; and 25 26 WHEREAS, staff has recommended changes to the current fee schedule for fiscal year 27 2017 as shown on the attached exhibit. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 30 BOROUGH: 31 32 Section 1: The attached exhibit of schedule of fees shall become effective upon adoption. 33 34 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 35 THIS DAY OF 2016 36 37 KODIAK ISLAND BOROUGH 38 39 40 41 ATTEST: Jerrol Friend, Borough Mayor 42 43 44 45 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2017-02 Page 1 of 1 Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 25 of 207 AGENDA ITEM #12.A. Rena M Na. F M17-0 RaastabllsNna T a Feas Fw The Nod... Page M of 207 C7 yf 8'I a KODIAK ISLAND BOROUGH, ALASKA FEE SCHEDULE Effective: A� 21, S„uly 1, 2016 Contents Paw Miscellaneous Services Title 3: Revenue and Finance Title 6: Animals Title 6: Health and Safety Solid Waste Collection and Disposal (page numbers will be reassigned Title 15: Building and Construction on final document) Building Permits Electric Permits Grading Permits Plumbing Other Title 16: Subdivision Title 17: Zoning Title 16: Borough Real Property Rena M Na. F M17-0 RaastabllsNna T a Feas Fw The Nod... Page M of 207 AGENDA ITEM NlZA, Resolut. NG. FY2011.02 R"MaWishinp The Fees For The KDO... Pape 27 GS 207 MISCELLANEOUS SERVICES SAYSIpE ME STATION COMMUNITY TF NNING CENTER Copy of Fore Report S]5 00 OnM.N of Troon, Center, For NII Gey (1d Its, mei 1B people) $15 Of OnMeN o(Tmning Cenbr, wr Gey (&10 b•, rru. <B Mope) $2500 Fuy Tremmp Center. Mr NHGey(ld Nn, mac 1B0 Mople) M CO FuA Tnmmp Centra. Mr Gey (&10 b•, nor,100 Moplq 55000 Refundable Leming Dew•G 55000 Nm-prcGl abet lvLon•andµ06c•ahry apmvea nTO Go race) Nage a M by Me aNvVpeon[OndufM1G mq*Wy fo'. we'Mre/Tmm,g Lmlw uaa Ma BOROUGH CODE OF ORDWANCES BemuON Cod•, ComDee 5200 W eupplemaid SarvYa(Mnual Ra) $1500 TO. 15, proper. Ant 20d o Ira.,$035 Nnnlln TOa 18, corp.. 1.120 MM• Ire, 5025 fte— m Tote 17, compete Ant 20 Pope, free. SO 25 NneN, BOROUGH RECORD. 2001 Cmrmone ro. Phn(bpnd ppb S1o0.00 Audra Ra<DNmg CG $500 Aum. Rapping (rived on ream•ter. moiro dine) rw crowd. .miwn Auda Recording(sent by am il) n..rave. C.N4d vole, (d... not Froud. wM cM1ad.q S500 Copy, sen.rape Nor op CO or OVo, per Gnk(socude. ere sods. maps) SS 00 Coplee. Mr pew An<ZOpag.afree. SOZSNerebr cemperoenwe If., wr 52500 EleNonKMlyReroduud....N.(h.rd coy M eecbonm) re cluge prssp.ep.sesoss Di&gxr.eYr Cerge Ee@oneMly Pmducepyl GeG Records Ior,nally.letlmne) nop" s se Resolut. NG. FY2011.02 R"MaWishinp The Fees For The KDO... Pape 27 GS 207 AGENDA ITEM MA. Resolubon No. FV2GST-02 Reestablishing Tee Fees For The KaE,.. Pape 28 of 207 GENENU. eENVICES Iri on Madoid...... Dalai amounla 12%ennuelN New?rmeler Low, Lkmu 3100,.. ero... rruil.d Ni or Ltle Filing Fee for Bmcul Taxes (Severance and Bel) SW per film, NSF Chalk Fee 32500 Feel Swi mcom, ncDvery' Feel 5 fio m. I ... 41C 00 per In Nereebr Rem mh Serve, dO..relmie • F .... .1$a. CC per In WOe TnnaNr Fm $2500 NOW ' NIeL 310 GdO.ulllonm.11le eMnp oIM1.. fir mmpl.ban wcn.bon aro[m]a (dtl..nYYeia). ill. Nbrinry Maunf D/SlO mlllawia an.nnpe o/ CI.A. M. tlolfiwdY were endbarml. NIBC 210bOmet. m....-iml.......c1uY ..lvy enlb.n.fil mtl h•p.nannM4me NOD4N IMHERMS RESEARCH CENTER (NFRC) Mein Libby w.lair✓el" %a lnCludee large conference room) E23000 N.bnd.d.[Hamer, mmo.1 nam bDby $]0000 Ory. Lon.rmc. Roam f5C 00 Pirell El c1m od, mPo.d large conf.nnce nom 35000 Small Conferance Room 310 M Rebndmle laminp dmoaij small conhmnce mom 53000 Nn1sa Nonpall ogmittlbnl e+dpubM ukry .rano.. xilo do nalclrup. e M Ad, In. mbnlYbwnp mndutladm Ills hWlNmry app'Y /m. wevnol I(HiC M. REPRODUCTION MD NIVPINO COSTS: G'S ..I'd.. 11. M mammunl S.. C., PrmlamLopmm Bond 3100 w I ..m Gme. 3200 q MNar 3300,11 5.51. 11 Inch NN201ege ilem, S025NeneXer 111.1Trnch MitOpapm me. SOSOurnam.lar ^roar. NOod"nrcroder— o'...."Adomemnm ]elm Resolubon No. FV2GST-02 Reestablishing Tee Fees For The KaE,.. Pape 28 of 207 AGENDA ITEM #12.A, Resoluton No, F)(2017-02 Reestablishing The Fees For The KOE. RaW R cf 202 TITLE 0: REVENUE AND FINANCE EPECW MBEBBMENT ANO PROPERTY TA Fontl--Ahc—,Fu ecael m[I PUEI¢Non Fn ¢WBI wet RPBRmpb[n CeneCMs ¢Wtlw t I... 1M mwMry Pw.M 10%w.taom ars. TITLE a: ANIMALS Mlmticen4el Cw.MmAnm[ry aaRenae mRM[bryc[u0wp[[nnn 2n[oeene m[M[bryc[url [cgmnn SNOXmn m[M[bry C[un µynnnp Vc—ANmpM1 LloMnn m[MBbry wunwpBmnn 2MOMnn m[MMry wW Pppnnnn ], otos.'. —..,.un eppnnwe awNFo F•n atoll snim[R (<[p[. v., McN Foray $5. Lary. w.M[ (—, Donn, ok J. %r as, seem Lkowo Fo M[N Des, Par Year s55.m Fentle bop, par Year uses Nonar and SyYeB Dopepar ynr MOD Dup. Tep, eecb 35M Mhctlhnou[Fm Rebna Va...— Deems (ouaay mMc.bM) S20 DO AEopLbn (bMuae.. .,as., nGn Nm[ Yawl stwl c[M oMu Resoluton No, F)(2017-02 Reestablishing The Fees For The KOE. RaW R cf 202 AGENDA ITEM #12.A. ResoluEm NO, FY2017-02 Reestablishing The Fees For Tite ):odes. Page 30 c1207 TITLE 8: NEA1.131 AND SAFETY SOLID WASTE COLLECTION ANO M PO5AL Appliances Arden...', n•IS•rm•I ne cMrp• Rlinger.hrrice—n, n•ilentul $no Do e•c -WrW .eaml/tlunpe ..'rerovmplrnon e bessin A•Mtb• OupoeelImuq ee bhead F crel wan deeper. •relica •I 530.00 mmrrum, 5200 Why BrioneA Lal Acq Bemwe - Tena• hel wmere• "ad Acid O.l-biennial $e oo Par I1$300..nmeu Lnnmm Bnrl 101 00 par lata., 33 00 per whall .an .—a. 3¢5.00 Der IRa.nt Curia 1.1 oem., 52000 msinsim 5255 W 32..h —nd. WMnbbrn.r AM nw No•m eM Ctrall.lorJO•rnmeb-Oeen.ICS01 In•emaelinle. uca.weln. mmarN.l upwtcmmrre.uneu.nDT.vWwned 330 oo minimum S25805]WWnon ch. vn I. Nun: MY Mr.emnYrvCunb.e. q.l P.npn•Nr q.n 10%m.hh wNnarN.mpM Flmgg c..r-priF n•ane.na we cnly Stan W Eeemm•m...e. to oll CKmmpwoa $100 oomom, JIM 00 mmmum O.re.ertmIX Cl BSmuen COMttlon Ccneeetar use 00 SoU., . W%nw ma•.n O.rn Tack or unn•a Swn. C ... I us. Colman 5258 Do .n mvn+ ]04 ntlmm.n Nou..eoa N.i.mou. Wen. AC le FM per mourn rw r1i Greater Than so gas par month 51DMb Minn. Grosse on retailers linemNne and nearing' u. Fishing Oen) Lee. M.. I cy nO.1hpe 1 A tO cera y.td.-Muet cemDnb #..Fall IOrm At I.ndes n0 ch.tpe .at., men to it sral Al and NIB .Mil nymred eelon d erne, LssireWnp,w•penp.nrycl.ele., endrnl.l must e•e•Wnnd PrlorW d•frv.ry 5258 DO5] fICOnon ., 20b ntl nmeu MnAI. $2750Ibn (50. t3]5Aa) Well .—Insca lV•nid..In+nund par kngen dimension) Sea Nate B•bw smMus. ch p. IDx nb nm.n On Used Ol-comm•ruAl 33O lgel Used Oil - nelaenW I-5 9e11011 pn=,in ne Used. Used W- n.k•nsl- pr..'emn 5 b... D.. scrth 31 sco l fWli ResoluEm NO, FY2017-02 Reestablishing The Fees For Tite ):odes. Page 30 c1207 AGENDA ITEM #12.A Refolubon NO.F M1742 Reestabllsbin9❑m Fees For The KoE... Pape 31 of2W aNp•nb•I wef to GmNw (bv P•wnpb • umnoeu• w p'e W p —o' TY imLN. boo mNNM buuMpvap tliln6v ]6%nY bw••u uWl. ••exfne Up 10 21b 6W 1el..1NI do, (I. mal•I.) na c.,p. • gene M•Ilms•b m.bY 231.1pouts. orpr••In s] lb oo i] r6 G'aton manov ]o%nb •ivx Tuu-mmmbl.I $.a oo iT6 CG[n wnCv 20% rate pm•N U— ... d Ind. -Netlbn.1 N•q• S]500 N•ol4ctl•too ..•....ew.i"m $18.. Px l¢Ax V•bcl•• sam by wr vmn. Wool•a[n.n, s25e 00 11 m GGMr rod w[n.x oras ' Gowmmxw mdpmm mNb...INebr• wiv.Y mmpwr br mnn o.pn6•uw pr..np.. F.f wmb..a, em.e.mmLnN ermalmmpNY Commxod and npe.ntiY male w•.b mMNMI WIM.d by Ov Urune SINN Co•Y Gu•re, wdo nmNnl•bvo br dSpxd.l thf NoeN IJwe awvupM1 llnp011 vntl6. dixpd •IM• 4m• a/m•mYYINnN.p•NIfM1.Jin tM1'! M lcl..eW. Th. NOAN IYweBwvupll xe0lnvtin N. Urvbe SIpN Caul Gu•IeWYl er•nYpw6on olllw.• M1N [/lupe a •pmeuPon bYM• p.mN. FN Ilfoad.einlM1 wTww••1. m•paW opbonf wJl b. Nerpe 6n.e m P. Npp W. M npn..nbe in Nvu[A.euN. C—.nn.[vneudnpmd—al, ineumY •nein•bluuanlld mtlloan b omd,—old..p•nbtM1br w.rt•inlo Mo. Menbnmw•Ilo•e. MVN INNWIIrq 6.ImPIN •I tM1•I•neAll ' MRpa nnrvve.IIM1. IInMYm M. brm of nnF• wc•DI.• mutl b•pnp•Min •n emplW. mMnx. TO'da mu.l b. d—sc oIM IWef •ndwood dNn Td,lune•r5Wgsdodmmundsv..n l6'•qu.n M1tl•NlinberyexpM tl•en 1•nN ovw SW p•Ilan.mu.I M1•N an•.nO CN oe Ne wpe tlNn T.nMl I.000pWl-1 Ne broad. V mnNcl EnpnNnnpf•¢41Y..Id.bod-ld 1.M.CMN. FnM1idb . m.. N CWInb ]' bnplM1! O'h_.dodd. mud b, ml info bo... na pn•M ON p'1[np. T Ne. •nd S'M1i bd no, M.Y N.NmIN. d—oloV m.f.W p p. u ddd _YWo nou. w al.dmd mmp '.) ' APPm Ne mnn SMn* wall b. ayc H Im®.po.d of wA•Wd M1ouNnad nuNnM wxb of apto 1, M /bsMvvk p.Po.d cllwpabm. bNn,dad—,mo.IrvcNOIW.mamone be.•ne mall.)vol b. nl.q.d d u. a.m. rod. ...nown inmi. b. ch. . 'C—dd.-I .lbMlM1m.nn, •nmb.mN pu dly bodnbn, wbopmml• bay e'Wof. mutl —1. .1. mmpenY to',d.Nv m.po..'d'.'wux. ' Rllmabtlo, h—..or d.,Imm mob Y• bwn.• •h.1N I-rdalb.fb! Pd l.•e b ... e Nml b•bn ... W.— Nlm•bnl! mal b. f.p•MN ..Ldp m•Il Nd rub cd. .., to a lnry D,e%IEnmetltld Wool, -h.d.W—IN bwn yvwdom.(br.c•mp'.,h.. NdWd p•hep..b.M ilm..u[M1N NmYNnpf.ne pNN.wn domnN) rl lo, uM.. xvrdrpbptlm• ..4W.. innueNnom.oxn.r conlwn,.—W.n w..N bW eNo na maue. mal. ...... eunm do a.mo•mnle.dnem ..nuu m.YW Comm., Mg. - In Nlu4ml •ddlnNdnl PglruNlion! or[on. no b --d.• mneuNnp woN Iw Camp.nNbon mmb bN.r I Nt! Refolubon NO.F M1742 Reestabllsbin9❑m Fees For The KoE... Pape 31 of2W AGENDA ITEM #1Y.A. Nesduden No, M01742 Rmst isltinp The FEES FDI The KDa... Pape M Of 2W ..TLE IS: BUILL5ING AHD C9N61TRUOTION OULDINC PERNIT FEES• Te1MVaIW Esu ,elks. up to 3500.00 $1500 ,slue • 3500 of -53,00000 315 00 for Ne M1nt $500 plus 3300 he secp eeeAone1310000 m Intlmn Nmol, N aM areluemp 530o. Oo value • SO OW 01 3]1000 00 34500 Be Ns nm SO uW.ee she Sp oo for each Bell 51000 00 or fronton 11.nol, mens stool $25,00000 value •$25 000 01-350,000 W Voll oo mr Ne nm sz5000 0o clue Sor.Or such ado.eml SO00000 of Often thereat to end mcluelnp S50,000 00 value. 550,000 et - S 010000000 $ae So or He nm$So 000 oo plus 54 5o 1m each personal of to mntthm 31.00000 at Nserpn Meter to and "coin Sf W, Wa ee value. 51011, 00001 to $500.00000 Il5.ImNe first 1I.O.Do 0o Plus So SO IN each additional 31000 W er frenlcn ...of to and Ntludmp 53..,00000 value .3500.000.1 to 51000 00000 53, 030 50 for Ns Ont 5500,000 ee yue ED 00 for each additional $1,000 W or Raclwn thereof to and splicing $1.00,000.00 value. 51.000.0.001 and w $1,t3a 50 per Me mu $1 OOD 00000 do 32 ee for eeq wddtonal $1000 eo or ..,on menet NOM. 1. VMuar—. deMrminMim arc.mrir M1N MoAb. band w momel cones ce, in me absence arm comed No Ne Buieanp ViduNan Dark u pubb.fi.4 by C B.0 Buio Sell • TM1ne lea. an weMd Nor modM he.. nkcned Hem Janaona Mol Noma Park to other p.nele.]loved most 2enln0 cede. ELECTetC PERM! FEES • Thenoncanp.m.dule of Mea man appy 10 an ebcPOMm, for Mif, a mm ,$ r.wlnd NEW CONSTRUCTION ELECWIGL WORK SInpM Furno and Duple.... Temporary Werk Sell POmn 31000 peudeMtl Sul Faintly -mw 5)000 oust... new If oe as All Wiring. nmodnmg residents any I'D go rnlu Nesduden No, M01742 Rmst isltinp The FEES FDI The KDa... Pape M Of 2W AGENDAITEM #IZA Resolubon No, FY2017-02 ReestablisNN The Fees For The Koo— Pape 33 of 207 A 1 OMER ELECTRICAL WORN --..1 P. -a 53500 E¢n FiMUF.MUpiac OU rdNmwl ewncN Nvlq L19M $125 EleOic Hnlprkw. h.YME $100 Eno ROw.I 0.1 $200 Elem..' Senke m 200 nrm. $2000 ENmlctl Seton onr 200 nrp. =.1 E.ctr Are. R.6^ 1.11pM $20 DO E.cr Ap mnsl Floodi,gM $500 Gner.mrp.rkw. OUI $IOD Tr.mlmmm 5 kv.. er.W- 5500 Motor ConnMlon., lSopmE.kere $2000 T -0.r SwLCM.-m.-1 5500 Tnneler Swmnn-.ummac $1000 ENNk.I Spne $2000 Tnu.r COon....oh p— $5000 E¢n Aaannn.l...me p.-1 $1D Do TemponrySmkn 5500 Emmen...' Control Cnbn p.r ONI. .l $13$ ' TM..In..n werveE for rrgpN trom.. r.bcNG Irom J.cdOn a MOEIIe Xame P.rY to oM.r .rc.I..IbwaO un0erinni .elll Resolubon No, FY2017-02 ReestablisNN The Fees For The Koo— Pape 33 of 207 AGENDA ITEM OZA. Re$oludo l No. FY2017-02 Ree3tablishin The FEES For TTe Kcal , Pepe U of 20F TITLE IS: BUILDING AND CONSTRUCTION KInyll ELECTRIC PERWT FEE. -F—K ALL OTHER EIECTROAL WORN Warn Us knamnwm.ewe of ... .K.11 epplrm en sworcal wore for MIN • plan,sold a r.euoee. so.00-$50000 51500 .501 00 - 31 COO Co 58000 $100100. S? 00000 sm000 sx 00100.$100000 315000 51001.00. sa 00000 5x0000 14.001 a0. se.00.00 525000 ME Cal aa. up Soo. 00 When eNs m.peNon..r. mase necessary by reason of a.M1dM waq.1 rhured. Vlhaq, Nun of Into, on P. pN of 11. holder a1 N. arre.I, on in. pan of are perms holder. Mb.1 .,no forth py vblNon, only— tmh.Na mm.ciion still be mad. under N. regular Nes as h.,em pr..cros For each lut-ashes shopecmn for Ml[T are holder of Ne perms or.mpkyee 4 Maly re.poms101e, Ne. N.II be N.road.. allays.'. Nola: Th. d uNdnpd putmenl NapYlowMmmNon o/mN xvM,. m.nmum yanµ.norsq bl—CM.dY.l-,udern Fear ln.peNon $40 CC Second ln.p.dan $5000 Each AddAonel lMpedlan 330 a0 Eladnc P.rmn1 AMr Wprk he, Blared 2 e1M lrdshriud w—hal The.. lees arew..ad Mr mels.Mm.. relocal.dhom I-11.n'a Mobse Nome Rarely dMr partYs flawed —. dnn$code CMCIN. PERMR FEES: 50 cutic yards $25.50 51 to 100 c r. $37.00 101 by 1,000 cy $37.001.11x1100ry $1750 Or n.sesloml 100 by 1,0011.10 000 c y Npc 50 (or 1.1100. ry a $1050 for an asdsmntl 1000 cy 10 of to 100.000 c $325001., 1 a 10,000 ry. $SS 00 for as eddandul 10.000 ry 100,001 C y or Mrs M. a1., td 100000 ry. so. So or as ode 10, 000 <y no, The Mfor . Mos, Ol aulronyonp asdtianY wvX Io Iral under.1.1p.rm,Ian. be or. a.-- bMw..n In. Ma p.,d M ins it ro pemN and In. N. drown M In..Mn pmjM. eN 11 Re$oludo l No. FY2017-02 Ree3tablishin The FEES For TTe Kcal , Pepe U of 20F AGENDA ITEM #12.A ResoluEon No, FY201]-02 Reelfeblishinp The Fees For The Kad... Pepe 35 of 207 PLUMBING PERWFEEB: Abd Nanel Plumping No made Lng-asho ntul an IT $30 00 Singb Fern, and Durlem Idea bop Naw Du[1n 110000 Naw Rmod.mel So.E. comedy 17000 Plus the Folbrnng Moocher Cheryss: Each Plumorm; Flnun S7.00 Eock We Curet $500 Each Wmr Nubr.ne..Wner eouorl n, 1000.1 $020 Aubmeba sprmdneyebne por heed) 1150 PlumGng Afts even titleholder cWM) 5700 AN Other Plumbeg WOM 1]5 00 Plumbme comes Al., Work hn SI 3 o rhe localized Undian • Three. No, as mrvotl ter mobM Pomo. nl0cobd from Jecbari a Moog. Xamo Perk to other parcMUYamd under zoning code. OTHER 11I AddNonM PMn Perlew Repulsed by Change. updNona or rwelonar approved om. (1G hr rob) $50.oll Applas and E—prone S35000 Building DMmwpn Fos III Drr+enr, PMmn Fee, Ino No wlen included it, 1.1 S25.00 m.p.Non. witch NO Fear. traditionally Indicated $4000rTr ImpeNane OWbe Normal eu.me.. Noun Ipor hour i hr Inn) 570 00 RMnegNon Fee. Assessed Ander PrwNpne of leaden 3056 f<0 CprTI IMP. of Wey ROW) Rema ter D.wim A[aon 510000 7o MM ResoluEon No, FY201]-02 Reelfeblishinp The Fees For The Kad... Pepe 35 of 207 AGENDA ITEM MA. Resolubw No. M01742 ReestaEllsterlg The Fees For The Noe_ Page 35 of TITLE 3r nUEGVInwNn 3U60N®wN FEE. AppnvM.NAllpum Pen Pleie 5]00 00 Appeal to AeeemNy 520000 Appeal to Camml 520000 Appeal Record Co, par page Mt 20 pepea 1ne, 30250.... I., Ranex of PUC D.edJon S7500 v.c.ucn. s]5o.00 Impact—....... Genera P .... nna C.....v.. oma $ao Wmr P.r.pnn.I Co., -ova fare S55Orr, P .... rm, Cotln coup. to— SY3Conn Vwhow.hpe. S1]Nnr V.Mtl.-mMap. 30 301m V.n.d.,onameman,.le. 10% m.pecmn.....a-SupGmuon: Ro.ano lffity lnmmvemam (par legal nl Impw'.ment. far 11. U Ima $35. Imma-m rla for 13 Ione and more $2 om M.4NI. Appron.l S.m[a.: Fnal S.A l $20000 3up...... .... . Soo M Plan R,now flannels Addnrdnal Improvement Plan R.n.rn 9100.00 Improu.eme Plan A-- Adel If mNal and Final Plan 320000 Sea Graded Plan R.m.w $250 00 Resolubw No. M01742 ReestaEllsterlg The Fees For The Noe_ Page 35 of AGENDA REM MA. Resolution No. FY2017.02 Reestablishing The Fees For IDo KW Pape 37 o1207 PnWniiury Phb CnM3' 1. tZ bh 3350 W 13 m WW 3360.00, slo 00 for ..cb.eenbna M gray 13 W.r W bb 31,11.00.31600 ..so PppWnMM mm 0 W.Mn SM W TRIS 17:31)lr AMr NP Mtl Zoning Compti.ncP Parr 3 Ptb pWMPtl •move App.Pl to W.. of sonnin Pn1 3353M A....I. Comm.... 35e.0o Airi R.mN Copy, prow.. mt Z0 pimp•. m., 3035 Mnaw C-doic.1 W. P.r. 3350.00 Ctlon PIZ 87575.0 App—.l 3150.00 P.1insp .q Pl P.gii Rryw.D puH¢ b..a nim 310000 Poison.m.. st PNNon.r. R., ..l- mneublk trifling $250 R.,. 01 P3ZC opens. 316aw vii 3350-00 Zoning CNnq Pipet L... Ms. 1751 336.00 I e to 600.on $750 oe 5 ono 10 M— s"WOes ...1.o.. or nor. st,50em Zoning CorrpNm swine L... N.n 1.75.75. s"CC 1.70 to 5W.v.. 3YJm 5.01 re 40.00.me sw W .0.01 Pm. m oro. 3120.00 •Tie..l...Pn—.d W matlM Mm..nleul.0 XOm J.WK. Meb14 He. Pion elM pi MayinduM.rxan.. wM. uaM Resolution No. FY2017.02 Reestablishing The Fees For IDo KW Pape 37 o1207 AGENDA ITEM #12.A. Resoludw No. FY2017-02 Reest$WlsIRN TKs Fses For The KOE.., Pepe 38 of M7 TITLE 13: BOROUGH REAL PROPERn LsM De,—1 APPI¢el- $350 w LAM Use Psmu-1,onw—m KBC 18 500108 $350.00 mnpa LSne ULe PrtmN- —sy NMC 18 50010C $130000 Letson MLbIrLI Seln, rOyFhy M1L 11 LUb. yLM-.-0, $3.00 woad crmrnp PLmnP cnmlLF Lns-mwLlry Fm. Liplr[d uLWdy wLrv[13:500 ..no. wood Cullln PermrlL-L ecNiee L rete neer Mm CM1rnuF-]O d.ve3}300 LWienn t]Wll Resoludw No. FY2017-02 Reest$WlsIRN TKs Fses For The KOE.., Pepe 38 of M7 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH, ALASKA FEE SCHEDULE Effective: July 1, 2016 Contents Page Miscellaneous Services 2 Title 3: Revenue and Finance 3 Title 6: Animals 3 Title 8: Health and Safety Solid Waste Collection and Disposal 4 Title 15: Building and Construction Building Permits 5 Electric Permits 5-6 Grading Permits 6 Plumbing 6 Other 6 Title 16: Subdivision Title 17: Zoning Title 18: Borough Real Property Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 39 of 207 AGENDA ITEM #12.A. MISCELLANEOUS SERVICES BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Reports $25.00 One-half of Training Center, per half day (1-6 hrs, max: 49 people) $15.00 One-half of Training Center, per day (6-10 hrs, max 49 people) $25.00 Full Training Center, per hall day (1-6 his, max 100 people) $30.00 Full Training Center, per day (6-10 hrs, max 100 people) $50.00 Refundable Cleaning Deposit $50.00 Notes: Non-profit organizations and public safety agencies who do not charge a fee fcrthe activity being conducted may apply for a waiver of Training Center use fees. BOROUGH CODE OF ORDINANCES Borough Code, Complete $200.00 Supplement Service (Annual Fee) $75.00 Title 15, complete first 20 pages free, $0.25 thereafter Title 16, complete first 20 pages free, $0.25 thereafter Title 17, complete first 20 pages free, $0.25 thereafter BOROUGH RECORDS 2007 Comprehensive Plan (bound copy) $100.00 Audio Recording CD $5.00 Audio Recording (saved on requester's thumb ddve) no charge Audio Recording (sent by email) no charge Certified copies (does not Include copy charges) $5.00 Copy, scan single file to CD or DVD, per disk (includes large scale maps) $5.D0 Copies, per page first 20 pages free, $0.25 thereafter Comprehensive Plans, paper $25.00 Electronically Reproduced Records (hard copy to electronic) no charge Electronically Produced/Provided Records (originally electronic) no charge GENERAL SERVICES Interest on Miscellaneous Delinquent Accounts 12% annually New/Transfer Liquor License $1.00 per notice mailed Non -Filing or Late Filing Fee for Special Taxes (Severance and Bed) $50 per filing NSF Check Fee $25.00 Research Service, records recovery • First 5 hours free/$40.00 per hr thereafter Research Service, data analysis • Fee set at $40.00 per hr Wire Transfer Fee $25.00 Notes. ' KIBC 2.40.060 authorizes the setting of fees for compilation or creation or records (data analysis). The arbitrary amount of $40 per houris an average of Clark's Office staff hourly wage and benards. KIBC 2.40.040 rotes that we cannot exceed the actual salary and benefit cast forpersonnel time. KODIAK FISHERIES RESEARCH CENTER (KFRC) Main Lobby (upstairs/down -fee Includes large conference mom) $250.00 Refundable cleaning deposit, main lobby $300.00 Large Conference Room $50.00 Refundable cleaning deposit, large conference room $50.00 Small Conference Room $40.00 Refundable cleaning deposit, small conference room $30.00 Notes: Non-profit organizations and public safety agencies who do not charge a fee forthe activity being conducted in the facility may apply for a waiver of KFRC fees. REPRODUCTION AND MAPPING COSTS: GIS services (1/4 hr minimum) $60.00/hr Prints/Copies Bond $1.00 sq It Semi Glass $2.00 sq ft Mylar $3.00 sq ft 8.5 X 11 Inch first 20 pages free, $0.25 thereafter 11 X 17 Inch first 10 pages free, $0.50 thereafter Notes: No copying or commercial use, except for reference x 07 Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 40 of 207 AGENDA ITEM #12.A. TITLE 3: REVENUE AND FINANCE SPECIAL ASSESSMENT AND PROPERTY TAX Foreclosure/Attorney Fee actual cost Publication Fee actual cost Redemption Certificates actual cost Interest 12% annually Penalty 10% one time charge TITLE 6: ANIMALS Animal Control Cruelty to Animals 1st offense mandatory court appearance 2nd offense mandatory court appearance 3rd offense mandatory court appearance Vicious Animals 1st offense mandatory court appearance 2nd offense mandatory court appearance 3rd offense mandatory court appearance Boarding Fees Small animals (dogs, cats, etc.), per day $5.00 Large animals (cows, horses, etc.), per day $50.00 License Fees Male Dog, per year $35.00 Female Dog, per year $35.00 Neuter and Spayed Dogs, per year $10.00 Duplicate Tag, each $5.00 Miscellaneous Fees Rabies Vaccinations Deposit (partially refundable) $20.00 Adoption (includes neuter or spay, rabies shot, license) actual cost 3 of Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 41 of 207 AGENDA ITEM #12.A. TITLE R: HEALTH AND SAFETY SOLID WASTE COLLECTION AND DISPOSAL Appliances Appliances Other, residential no charge Refdgerators/Freezers, residential $10.00 each Asbestos Disposal (must be delivered in compliance with applicable regulation$ $200.00 minimum, $200.001cy Batteries Lead Acid Batteries- residential no charge Lead Acid Batteries- commercial $8.00 per large, $3.00 per small Lithium Batteries $8.00 per large, $3.00 per small Cad Service Fee $25.00 per Incident Commercial Garbage $20.00 minimum, $258.00 /ton Construction/Demolition Debris (C$D) (residential over 250/commerclall Industrial Anstitutionap $20.00 minimum, $258.00/ion Note: Any mixed construction loads that have greaterthan 10% metals will not be accepted.. Fishing Gear- line, netting and web only $187.00 Equipment Usage to Off -Load Customer Waste $100.00/1hour, $100.00 minimum Garbage Truck of Borough Collection Contractor $258.00 /ton Garbage Truck of United States Coast Guard Contractor $258.00 /ton Household Hazardous Waste 401b limit per month no charge Greater Than 40 Its per month $1.00/lb Marine Debris (does not include line, netting and webbing - see Fishing Gear) Less than 1 cy no charge 1 to 10 cubic yards - Must complete acceptance form at landfill, no charge Greater than 10 cubic yards: ADEC and KIB approval required before delivery. Line, netting, webbing, recyclables, and metal must be separated prior to delivery. $258.00 /ton Metals $275.00tton ($0.137511b) Mobile Homes/Recreefional Vehicles (measured per longest dimension) See Note $30.00 -/If Oil Used Oil - commercial $3.130/gal Used Oil - residential- 5 gallons per month no charge Used Oil - residential - greater than 5 gallons per month $1.50/gal Residential Waste (by passenger automobile or pickup truck) This Includes CBD, and household waste. Up to 250 Itis total per day (no metals) no charge 251 pounds or greater $258.00 /ton Tires - commercial $258.00 /ton Uncovered Loads - additional charge $35.00 Use of Scale to Obtain a Certified Weight $15.00 per ticket Vehicles $475.00 per vehicle Waste Screenings $258.00 /ton NOTES: ' Governmental customers may be served by a private company by direct negotiation for service. Fees will be set, billed and collected by that company. ' Commercial and residential solid waste materials collected by the United States Coast Guard, or its representative, for disposal at the Kodiak Island Borough landfill will be charged at the time of disposal at the rate established in this fee schedule. The Kodiak Island Borough will invoice the United States Coast Guard for all or any portion of those fees charged, as agreed upon by the parties. Fees associated with other waste disposal options will be charged based on the applicable fee represented in this schedule. ' Companies conducting commercial, industrial and institutional demolition pmjects need to separate their waste into metal and non-metal loads. Mixed bads will not be accepted at the landfill. ' Metals received at the landfill in the form of tanks or cables must be prepared /n an acceptable manner. Tanks must be drained of all fluids and wiped clean. Tanks under 500 gallons must hem an 18' square hole cut Into it and wiped clean. Tanks over 500 gallons must have one end cut off and wiped clean. Tanks 1,000 gallons and greater must contact EngineeringrFacility, staff to discuss acceptable criteria. Fishing cable must be cut into 3' lengths. Other metal items must be cut into pieces no greater than 17' king, T wide and 5' high. They must be separated from non-metal material (e. g., machinery with hoses or electrical components). ' Approved Thrift Stores will be allowed free disposal of sell -hauled household residential waste of up to 1, 000 lbs4veek. Disposal of large items (eg., boats, trailers, conshuction/demolition debris and metals) will be charged at the same rate as shown in this fee schedule. ' Commercial establishments, and/or small quantity generators, who generate hazardous waste must contact an environmental company to properly dispose of their waste. ' All mobile homes or debris from mobile homes shall be cleared for asbestos and Lead based paint before acceptance. All materials must be separated into CBD, metal and recyclables prior to delivery. Defindionw Residential Waste - Waste generated f om your home (for example, household garbage, bulky items such as furnishings and gress4awn clippings). It includes homeowner construction1demolition waste but does not include metals. Commemia/ Waste - Institutional and industrial organizations or contractors and businesses conducting work for compensation and/or barter. 407 Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 42 of 207 AGENDA ITEM #12.A. TITLE 15: BUILDING AND CONSTRUCTION BUILDING PERMIT FEES Total Value Fees value = up to $500.00 $15.00 value = $500.01 - $2,000.00 $15.00 for the first $500 Plus $2.00 for each additional $100.00 or fraction thereof, to and Including $2,000.00 value = $2,000.01- $25,000.00 $45.00 for the first $2,000.00 plus $9.00 for each additional $1,000.00 or fraction thereof, to and Including $25,000.00 value = $25,000.01 - $50,000.00 $252.00 for the first $25,000.00 plus $6.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 value = $50,000.01 - $100,000.00 $414.50 for the first $50,000,00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 value - $100,000.01 to $500,000.00 $639.50 for the that $100,000.00 plus $3.50 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 value= $500,000.01 to $1,000,000.00 $2,039.50 for the first $500,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and Including $1,000,000.00 value = $1,000,000.01 and up $3,539.50 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof New Construction of a single family residence or residence with an accessory building when issued as an ownerlbullder Is $150.00. Remodel of a single family residence when Issued as an owner/builder is valuation based with the maximum fee amount of $150.00. Notes. L Valuations for determination of permit fees will be based on contract prices or, in the absence of a contract price, the Building Valuation Data as published, by I. C.B. O. Building Standards 2. Ownetibuilder is defined as a person who is managing the construction or remodel of their own residence and the building permit must raffect the name of the owner. " These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. ELECTRIC PERMIT FEES The following schedule of fees shall apply to all electrical work for which a permit is required NEW CONSTRUCTION ELECTRICAL WORK Single Family and Duplexes: Temporary Work Service Permit $30.00 Residential Single Family - new $70.00 Duplex - new $100.00 Additional Wiring, remodeling residential only $30.00 ALL OTHER ELECTRICAL WORK Issuance of Permil $35.00 Each Fixture/Duplex Outlet/individual Switch/Emergency Light $1.25 Electric Heal per k.w. Installed $1,00 Each Power Outlet $2.00 Electrical Service to 200 amps $20.00 Electrical Service over 200 amps $30.00 Each Area Floodlight, 1st light $20.00 Each Additional Floodlight $5.00 Generator per k.w. Output $1.00 Transformers 5 k.v.a. or above $5.00 Motor Connections, 15 hp and above $20.00 Transfer Switches - manual $5.00 Transfer Switches - automatic $10.00 Electrical Signs $20.00 Trailer Courts - each space $50.00 Each Additional - same permit $10.00 Temporary Services $5.00 Environmental Control Devices per Outlet/Unit $1.25 These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoninc code. 5 af Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 43 of 207 AGENDA ITEM #12.A. TITLE 15: BUILDING AND CONSTRUCTION roont'dt ELECTRIC PERMIT FEES ' Icant'al ALL OTHER ELECTRICAL WORK (co t d) The following schedule of fees shall apply to all electrical work for which a plan review is required: $0.00-$500.00 $35.00 $501.00-$1,000.00 $60.00 $1.001.00 - $2,000.00 $100.00 $2,001.00 - $3,000.00 $150.00 $3.001.00 - $4,000.00 $200.00 $4,001.00 - $6,000.00 $250.00 $5,001.00 - up $300.00 When extra Inspections are made necessary by reason of defective work, or otherwise through fault or error on the part of the holder of the permit, or on the part of the permit holder's official setting forth the violation, only one such extra inspection shall be made under the regular fees as herein prescribed. For each further extra Inspection for which the holder of the permit or employee is entirely responsible, fees shall be charged as follows: Note: The building department shall allow for correction of such work a maximum of ten working days following the date of inspection First Inspection $40.00 Second Inspection $50.00 Each Additional Inspection $60.00 Electric Permits After Work has Started 2 x the published amount ' These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. GRADING PERMIT FEES: 50 cubic yards $23.50 51 to 100 c.y. $37.00 101 to 1,000 c.y. $37.00 for 1 at 100 cy + $17.50 for as additional 100 cy 1,001 to 10,000 c.y. $194.50 for tat 1,000 cy+$14.50 for as additional 1,000 cy 10,001 to 100,000 c.y. $325.00 for 1st 10,000 cy+$66.00 for ea additional 10,000 cy 100,001 C.Y. of more $919.00 for let 100,000 cy + $36.50 for ea add 10,000 cy Not,, The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fees paid for the original Permit and the fee shown for the entire project. PLUMBING PERMIT FEES: Additional Plumbing Remodeling- residential only $30.00 Single Family and Duplexes (base fee): New Duplex $100.00 New Residential Single Family $70.00 Plus the Following Additional Charges: Each Plumbing Fixture $7.00 Each Gas Outlet $5.00 Each Water Heater and Hot Water Boiler (per 1.000 btu) $0.20 Automatic Sprinkler Systems (per head) $1.50 Plumbing Alteration Work (per outlet) $7.00 All Other Plumbing Work $35.00 Plumbing Permits After Work has Started 2 x the published amount ' These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. OTHER FEES: Additional Plan Review Required by Changes, additions or revision to approved plans $50.00/hr Appeals and Exceptions $350.00 Building Demolition Fee 540.00 Driveway Permit Fee, (no fee when induced w/bldg permit) $25.00 Inspections Which No Fee is Specifically Indicated $4g.00/hr Inspections Outside Normal Business Hours (per hour, 2 hr min) $70.00 Reinspection Fees Assessed Under Provisions of Section 305G S40.0011r Right of Way (ROW) Permit for Driveway Access $100.00 bon Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 44 of 207 AGENDA ITEM #12.A. TITLE 16: SUBDIVISIONS SUBDIVISION FEES Abbreviated/Aliquot Part Plats $300.00 Appeal to Assembly $200.00 Appeal to Commission $200.00 Appeal Record Copy, per page first 20 pages free, $0.25 thereafter Review of PBZC Decision $75.00 Vacations $350.00 Inspection Services - General Personnel Costs - strait time $40.DOAlr Personnel Costs - over time $56.00/hr Personnel Costs - double time $72.00/hr Vehicle - hours $1.70/hr Vehicle - mileage $0.30/mi Vehicle - administrative fee 10% Inspection Services - Subdivision: Road and Utility Improvement (per lineal it) Improvements for 1 to 12 lots $3.50/1( Improvements for 13 lots and more $2.00Af Materials Approval Services: First Submittal $200.00 Subsequent Reviews $60.00 Plan Review Services: Additional Improvement Plan Reviews $100.00 Improvement Plan Review actual cost Initial and Final Plan $200.00 Site Grading Plan Review $250.00 Preliminary Plats Creating: 1 to 12 lots $350,00 13 to 50 lots $350.00+$20.00 for each additional lot over 12 Over 50 lots $1,110.00 + $15.00 for each additional lot over 50 Waivers $75.00 TITLE 17: ZONING ' After the fact Zoning Compliance Permits 2 x the published amount Appeal to Board of Adjustment $350.00 Appeal to Commission 350.00 Appeal Record Copy, per page first 20 pages free, $0.25 thereafter Conditional Use Permit $250,00 Other PSZ Screening Approval $150.00 Postponement at Petitioner's Request- public hearing item $100,00 Postponement at Petitioner's Request- non-public hearing item $25.00 Review of PBZC Decision $150.00 Variance $250.00 Zoning Change Permit: Less than 1.75 acres $350.00 1.76 to 5.00 acres $750.00 5.01 to 40.00 acres $1,000.00 40.01 acres or more $1,500.00 Zoning Compliance Permit: Less than 1.75 acres $30.00 1.76 to 5.00 acres $60.00 5.01 to 40.00 acres $90.00 40.01 acres or more $120.00 ' These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. TITLE 18: BOROUGH REAL PROPERTY Land Disposal Application $350.00 Lend Use Permits -temporary KIBC 10.50.010.8 $250.00 Land Use Permits - annually KIBC 18.50.010.0 $1,200.00 Material Sales , royalty fee per cubic yard - annually $2.00 Wood Cutting Permits- Chiniak area- annually Free with signed liability waiver Wood Cutting Permits - secified areas other than Chiniak-30 des $25.00 707 Resolution No. FY2017-02 Reestablishing The Fees For The Kod... Page 45 of 207 AGENDA ITEM #13.A.1. Angela MacKenzie Subject: FW: Borough Information Attachments: boroughl6.pdF Discover Kodiak Pandion.pdf Attached is the $20,000 special project request for the Kodiak Island Borough; should it come to fruition as being a separate contract. We've always done our special project request in our renewal contract agreement ... as you will see in the original packet which also Includes the non -discretionary Increases (re -attached). However, for specific details, here they are. It should be noted that the full amount for each of these projects Is actually greater than we are requesting. We do not request that full amount from the Borough, as we also contract with the City for some of It, and also raise part of the funds through fundraising and membership. n VQIJ�ST tionlAdPREVe IM'XurjktD1116IBNT JRES Information: Alaska is known for its vast landscapes, charismatic wildlife and friendly people. Come explore a bit of Alaska before the Summit on one of these Incredible adventures. Visit Anchorage Is showcasing the best of Its adventures to delegates, offering three- to seven-day Itineraries. These adventures give delegates an opportunity to experience the iconic landscapes and exciting activities available In Alaska. All adventure package prices listed Include food, accommodation, transport, guide/escort and activities. Adventures begin three to seven days before the Summit and end on Sunday, September 18. All Summit delegates can enjoy a Pre - Summit Adventure, and buyers and media can apply to be hosted by Visit Anchorage. All of the delegates signed up for Discover Kodiak's pre -summit (see listed) are fully hosted by Discover Kodiak. We have 7 coming. Website for more Information: htto://www.adventuretravel.biz/events/summit/alaska-2016/ RSWf1A � NEWS ♦ FDuuTeDN ♦ NIENiS • MEMBEYISHM .IY VSnn>rPt M, DISCOVER KODIAK, ALASKA UNTAMED Sold Out! Ceme eryer Yre rwr ue4Ye m NaOeY IWr+m NpYh w e pMettw wve orYT n YO+e eneOr+mert un �N IrM. Yeul nreY sear rNwlrS+eNrw+oowev MveeYrW MWM'V eelllYllt kWMb/ ,N..rOee1 WOO tlnf NoIAWIaIU l,he emop MwYYNI+PeenrObr, Neral/IOM Ore OeeOeYt Ww wee em Oe rennf arranapp.tl roeli Ga reeee M1nefOpbeebWro. WME N FOUMO Ie Y+e prltY. Sea VIe. aTwr,p "E MM M Melo We nnrrc4 GWmtl Hlw. Damm a+Welxomtrq wqx Tun+ponaem, Ar, cmmodi[vxs nM GpM:I'.:nrel pma Vast NTx 6 rwr Fc1uOM F p4r AEutnnnt ba.xwnMbn (aswe tmn toua. anµYt pkY {Ip 6 oapmlJ�e( Tama of ryyrrwM mE nWM In er k-1 ]p Eey+n e t.en[n Oµeea Dl.+nv.v e�m4 REQUEST 2: We requested $12,000 for the Rural Tourism Summit (full cost Is $17,500). 1 have included that proposal with all project details to the email. The other $3,000 was a request In non -discretionary Increases that Discover Kodiak sees: Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 46 of 207 AGENDA ITEM #13.A.1. Meeting increased costs of operating expenses and fulfillment *Postage, Printing, Staff Hourly Pay, Additional Rent Fees* TOTAL nondiscretionary increases: e444"# Chastity McCarthy Executive Director Discover Kodiak 100 Marine Way, Suite 200 Kodiak, AK 99615 (907)486-4782 (907)486-6545 fax lyyyw.kodiak.ora Discover Kodiak's mission is to pramale sustainable development of the tourism industry throughout Kodink Island Borough, thereby increasing economic opportunities, jobs and local lux revenues. ,i Please consider the environment before printing this email Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 47 of 207 AGENDA ITEM #13.A.1. DISCOVER KODIAK 2016 BUDGET PRESENTATION AND ANNUAL REPORT March 2016 DESTINATION MARKETING & TOURISM DEVELOPMENT PROGRAM AGREEMENT Achievements 2015-2016 • www.kodiuk.org had over 399,530 views in 2015. • Provided membership services to 212 members, added 18 members. • Hosted the annual meeting for our membership. • Submitted RFP's to over 10 convention holders around the state. • Continued our monthly Bear Tracks newsletter. • Produced additional co-op advertising opportunities for our membership. • New and updated downtown walking map produced, color coded walking trails added. • 2 page winter spread introduced in 2015 Visitor Guide, encouraging year round travel. • Hosted two media/travel writers which resulted in 5 stories, social media exposure talk show exposure, a part in the Discover America series and a video series. • Completed the Discover Kodiak Destination marketing video that has been viewed over 15,850 times since September I I`h. • Hosted our annual fundraising event which was a sold out event. • Hosted a community scavenger hunt that led the public to membership businesses during the 2015 Crab Festival. • Featured presenters at the Fairbanks Outdoors Show. • Hosted a member to member discount shopping month. • Opened a second visitor center at the airport during summer months. Greeted 536 guests during 2 months. • Created new proprietary products for the visitor center. • Created a partnership system to better advertise non-member businesses. • Was awarded the 2017 Alaska Travel Industry Association Convention. Section 2. SCOPE OF WORK. The contractor will work with the Marketing Committee to accomplish the following tasks identified in the document, such as: Produce collateral marketing materials, including the Explore Kodiak Visitor Guide • Kodiak Visitor Guide revised and produced each year. Increased production this year. • Press Media Kits developed to target specific media. • 2015 membership directory re -recreated • Completed the Discover Kodiak Destination Marketing Video. • Downtown walking maps re-created with additional features Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 48 of 207 AGENDA ITEM #13.A.1. b. Continue to provide information about Kodiak region to the traveling public • Served approximately 14,076 cruise ship passengers & crew plus 13,439 independent travelers, Coast Guard families, convention and business travelers and local residents. • Visitor Center worked with Fish N Game to produce bear facts plaque outside visitor center. c. Maintain and staff the Kodiak Visitor Center • Staff visitor center full-time, year round. 6 days a week from May - September. • Started an airport visitor center opened July & August, served 536 guests. d. Keep the Borough Assembly and community at large informed as to the results of marketing efforts and the state of the local tourism industry • Attend Borough assembly and/or workshops as requested. • Provide quarterly reports • Provide relevant information to membership in regards to Borough information e. Work with the Alaska Travel Industry Association and other statewide marketing organizations to ensure Kodiak is represented in their ongoing national and international marketing programs • Maintain community partnership level with ATIA. • Maintain listing in Official Alaska Travel planner • Participated in ATIA cooperative marketing programs • Director served on ATIA Marketing & Public Relations Committee I. Continue work with the communities in the Kodiak Island Borough to determine the role tourism does and can play in the community economies • Worked to develop a Board of Directors with native corporation and village representatives. • Entered trade partnerships with native organizations for space usage and better advertising. • Worked to develop an all-inclusive hiking/activity map that shows privately owned native lands. • Hosted annual meeting guest speaker who is a rural development facilitator and developer. • Worked with Native Corporation on feasibility study focusing on tourism expansion and building. g. Work with the Kodiak Chamber of Commerce to transform the visitor industry into a significant component of the Kodiak region's economy • Serve as Tourism Representative on the Kodiak Chamber of Commerce Board of Directors • Meet regularly with Chamber of Commerce ED to develop ways to improve downtown business, especially as related to cruise tourism • Serve on the Crab Fest committee h. Continue development of the kodiak.org website to improve its usability and visibility to visitors, potential businesses and residents Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 49 of 207 AGENDA ITEM #13.A.1. • Further developed an IMAP location system • Updated Kodiak specific statistics for media/press page • Implemented online RFP's and menu services for potential convention & meeting planner clients. Sent over 500 leads from www.kodiak.oro and consumer shows to membership businesses. Updated Kodiak specific statistics for media/press page • Uploaded all media kits and press information to the website. • Created partnership opportunities for purchase by local businesses. i. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry. • Attended Career Day at the Kodiak HS • Partnered with the Learning Caf6 in hiring a student for seasonal help • Attended the Kodiak Health Fair at the college • Served on the Advisory Council for the Kodiak College • Advertised whale pamphlets to visitors made by Karluk schools • Worked to develop a Board of Directors with native corporation and village representatives. • Entered trade partnerships with native organizations for space usage and better advertising. j. Develop a travel press kit to be available on the kodiak.org website, develop a distribution plan for the kit to various travel media • Developed several travel press kits with different criteria, each with a different target consumer. All downloadable on the website. • Developed a "Services Menu" for potential meeting & convention clients. • Now offering rental services for meeting planners who need decorations, chair covers, etc. • Distributed to media through one on one appointments at Alaska Media Roadshow. k. Explore new employment and business opportunities related to the Kodiak visitor industry • Serve in advisory capacity to the BearTown Market • Assist members in development of business plans; notify membership of gaps in visitor services. • Hold roundtable sessions with our members to discuss future business operations and opportunities. • Assist members in development of social media as a marketing tool • Operated visitor center at the airport that employed 1 seasonal staff during summer months. • Began offering graphic design to our membership for more expansive business services: brochure creation, ad creation, etc. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 50 of 207 AGENDA ITEM #13.A.1. 1. Continue work with the airline industry and the Alaska Marine Highway System to maintain and improve access to the Kodiak region • Maintain relationship with Alaska Airlines and Era Aviation to encourage expanded flights and lower airfares to Kodiak. • Keep informed about airport closures and/or construction. Lobby for minimal interruptions. • Partner with ERA and Alaska Airlines to create cheaper package options for Alaska residents traveling to Kodiak. • Maintained & expanded airport rack brochure program at the Kodiak Airport m. Continue participation in the Comprehensive Economic Development Strategy committee to foster an understanding of the tourism industry and opportunities and challenges facing the industry • Keeping CEDS statistics up to date and keeping abreast of Borough -wide issues. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 51 of 207 AGENDA ITEM #13.A.1. ZAV Borough R Oak Board of Directors Jim Rippey, President (Russian River Roadhouse) Darlene Turner, Vice -President (A Smiling Bear B&B) Megan Ivanoff, Secretary (Aleutian Belle Tans) Trevor Brown, Treasurer ( Kodiak Chamber of Commerce) Jeff Peterson, Kodiak Combos Stacey Simmons, Koniag Inc. Jesse Glamann, Big Ray's Alaskan Outfitters Barb Hughes, Pickled Willy's Scott Hosier, Walmart Full- Time Staff: Chastity McCarthy, Executive Director Jenifer Miranda, Membership Services Denise Sproat, Visitor Services Historical Overview: The Kodiak Island Convention & Visitors Bureau was Incorporated as a 501 C (6) in 1985. In 1996 the Kodiak Island Borough passed an ordinance introducing a bed tax to be used solely for the purpose of tourism development, enhancement and beautification. (KIB Code 3.55.010) Being as 501 C (6) organization means that we are not eligible for the typical grants and charitable giving programs. We are not eligible for the same outside funding sources as many of the other local Kodiak non -profits. For this reason, Discover Kodiak works to create revenue opportunities that bring in over $150,000 each year. Typical messages we see are: In order la be eligible for the program, each Alaska 5DIg3) organlraban must ce"that it meets certain requirements established In the Iaw. The law states: Purpose: The purpose of the Kodiak Island Convention & Visitors Bureau, dba Discover Kodiak, shall be to promote sustainable development of the tourism and convention industry throughout the Kodiak Island Borough and City, thereby increasing economic opportunities, jobs and local tax revenues. Discover Kodiak encourages travel by the public to and through the Kodiak Island Borough while maintaining a continuing Interest in the well-being of travelers to the area. Kodiak Borough Numbers in Relation to Tourism: �I Employment: 8% Bed Tax: $104,074 (FYSS) Fishing/Tagging License: $28,350 & a portion of sales tax. TOTAL SPENDING: SIAS MWI Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 52 of 207 Accomplishments in FY 2015 • Incorporation of new revenue earning website features • Increased production of the 2016 Visitors Guide & Mini -International Guide • Production of the new road system map used at many local retailers and by Visitors • Featured presenters at the 2015 Fairbanks Outdoors Show. • Awarded the 2017 Alaska Travel Industry Association Convention bid. • Opened a second visitor center at the airport during summer months. 536 guests during 2 months. • Increased traffic to www.kodiak.orz • Social Media o Facebook: 26,787 likes and several give -a -way promotions o Twitter: 1198 followers o Instagram: 199 followers o Pinterest and You Tube: 212 followers • Sold out fundraiser seven years; meet or exceed fundraising expectations • Completed market research at independent travel shows to gain consumer leads and visitor statistics. • Increased retail store revenues as a result of new product development • Membership drive resulted in 6 new members within a 4 -month period • Director attended the Alaska Travel Industry Convention in Juneau • Hosted and served 14,076 passengers traveling on 12 cruise ships • Successful in Increasing the number of cruise ships to Kodiak to 14 for 2016 • Served 13, 439 visitors to the visitor information center • Partnered with KMXT & other nonprofits to promote events and public service announcements • Partnered with both the Alutiiq and Baranov Museums to do community outreach and cruise ship activities. • Director elected to serve on the State of Alaska Marketing Committee AGENDA ITEM #13.A.1. Chin ELI. TOW VWwr Indunry-R0.nW 1.111m.nt In AWS, MI 1.12 ISRwN Chrtt rS.2 T..I VWbr Ind.9, Rd.W SPendIng In Alad 2011 12 wU.vn �. xmn • Director serves on LEPC Board for the Borough and City. • Director serves as tourism representative on Chamber of Commerce Board of Directors. • Director serves as tourism representative on CEDS committee. • Director serves on the Kodiak College Advisory Council. Magazine advertising appeared in the following magazines in 2015-2016 Fish Alaska Magazine AAA Midwest Traveler AAA Home and Away Alaska Magazine Reel News Vacation Country Travel Guide Where Magazine Outside Magazine Alaska State Travel Planner Smart Meetings Sunset Magazine Backpacker National Geographic Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 53 of 207 Kodiak Visitor Guide Placement FY 2015-2016 • Seattle Boat Show (consumer) Seattle, WA • New York Times Travel Show • International Tourism Exchange (ITB) Berlin • World Travel Market (London) • JATA World Tourism Congress (Japanese Association of Travel Agents) • IMEX America (business travel) • Travel Leaders Franchise Group Meeting • Pacific Marine Expo (commercial fish) Seattle, WA KICVB Shows Attended by Staff or Board • Adventures in Travel Expo (Chicago, Illinois) • Los Angeles Times Travel Show (LA, California) • Boston Globe Travel Show (Boston, MA) • Great Alaska Sportsman's Show, Anchorage (consumer) • Fairbanks Outdoor Show (consumer) • Alaska Media Road Show, Santa Barbara, CA Proposed Budget Breakdown FY17 FY16 Public Funding $217,000 $193,000 Earned Revenues $147,950 $149,700 TOTAL: $364,950 $342,700 Program Expenses $170,200 $155,100 Operating Expenses $194,750 $187,600 TOTAL: $364,950 $342,700 AGENDA ITEM #13.A.1. Jan 2015 Jan 2015 March 2015 Sept. 2015 Sept 2015 Oct. 2015 Nov 2015 Nov 2015 Jan 2015 Jan 2015 Feb 2015 March 2015 April 2015 Nov 2015 Additional funding would support known arbitrary increases In operating/miscellaneous expenses: Meeting increased costs of operating expenses and fulfillment $4000 *Postage, Printing, Staff Hourly Pay, Additional Rent Fees* TOTAL nondiscretionary increases: $4000 Adventure Travel Trade Association, Pre -Summits Discover Kodiak Board of Directors and staff has long wanted to engage with the independent adventure travelers of today's world. This goes alongside with additional marketing efforts put forth in showing our community in a move active, people based way. This program allows us to host 6 delegates who advertise and sell adventure travel globally. This is partnership with the State of Alaska, Alaska Travel Industry Association, Adventure Travel Trade Association and Visit Anchorage, who was recently awarded the 2016 Adventure Travel Trade Association Convention! Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 54 of 207 AGENDA ITEM #13.A.1. What is adventure travel? • Adventure tourism generates at $89 billion in global spending. • Compared to non -adventure travelers, adventure travelers are more likely to use guide services, local tour operators, and other local services. • The average adventure traveler is age 36. Helping us reach the younger generation of travelers. • 16% of departures from North America and Europe are for adventure travel. • Adventure travel is growing at a rate of 17%, whereas mass travel grows steadily at a rate of about 4%. • Adventure travelers spend significant money at local retailers on apparel and outfitting. Program TOTAL: $5,000 PANDION Destination Services- Rural Development Facilitator Kodiak is already world renown for nature -based tourism. Incredible assets exist, or can be developed, to expand offerings in adventure and cultural tourism. By harnessing these assets, and taking advantage in the book in adventure travel worldwide, Kodiak is posed for significant growth over the next decade. To fully capture this growth, there are actions the destination can do to prepare current businesses and incubate future businesses to take full advantage of the growing tourism economy. We would like to bring in this consulting & development group to offer the following services to the Discover Kodiak membership, as well as key players from around the island (including Borough Assembly/City Council members, village fly -ins and corporation stakeholders): • 10 days of Rural Tourism visioning and planning • 6 Workshops and seminars • Create a rural tourism development strategy and implementation plan Program TOTAL: $12,000 Total nondiscretionary expense increase: $4,000 Total program expense increase: $21,000 TOTAL Increase Request for FY2017 Budget: $10,000 Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 55 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 57 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 58 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 59 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 60 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 61 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 62 of 207 o _ O C N m 20 O v -0 v- E o 3 • a Qm l C C N tj O 'Op •� vi v 0 �O E 7P "O O. m C 0 - 'm O Y - C — O m QQjj 0_ O W C C m ,m. O ry m C Q o v w c Cu CL s -o E� c v n. c m o m— ' c m v v E n Qj Qj O O. N OU > .m9 > U _ > C m �'' C N '- Y m U C — yOj L U j 0 a+ Qj a+ Ol m C m C QO > uo- C C m E C 00 E 'O (v +-' a+ N t C u O a v o 3 m E v m o L > 3 o- c o m v Q -N e u C `° Y o Y E m U C E O U C C '7 . Y Y M O. 'U m t O Y 'O -6 v m N Y O' v u- • O. y O C M ,Ca Qj v U V p j C > > a N c N OCQ QYj Gl CL m x +O+ N O m >, �■ w m w w° > w C r O ">M -0 >• V1 Y Y Cj CL C N m �0EvmCav c w o E° on E 4--C g u 'o t o m C L t N" "O ? Y G m O Ul yOj N E L C C > > O. U! C vi p m a+ �n O. a m i m r Y 3 a z a r C ¢ .'n ,E o T J Y. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 62 of 207 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT A SEPTEMBER 17. 2015 ASSEMBLY REGULAR MEETING tr TITLE: Contract No. FY2016-20 Discover Kodiak Destination Marketing and Tourism Development Services for FY2016. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: Yes $85,000 FUNDS AVAILABLE: Yes Account Number: 277-287 448-364 Amount Budgeted: $85,000 SUMMARY STATEMENT: Discover Kodiak has been providing destination marketing and tourism development for the City of Kodiak and Kodiak Island Borough for several years through its Marketing Committee. This contract renews the Borough's relationship with Discover Kodiak for the 2016 fiscal year with funding from the Borough's bed tax revenue. The duties to be accomplished by the contractor are described in the contract. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2016-20 with Discover Kodiak for Destination Marketing and Tourism Development Services for fiscal year 2016 in the amount of $85,000. Kodiak Island Borough Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 63 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 64 of 207 DESTINATION MARKETING & TOURISM DEVELOPMENT PROGRAM AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough (Borough) and Discover Kodiak (contractor) for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide destination marketing and tourism development activities for the Kodiak Island Borough. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide a Marketing Committee (Discover Kodiak Board of Directors) and one full time equivalent to focus on destination marketing and tourism development in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will work with the Marketing Committee to accomplish the following tasks identified in the document, such as: a. Produce collateral marketing materials, Including the Explore Kodiak Visitor Guide b. Continue to provide information about Kodiak region to the traveling public c. Maintain and staff the Kodiak Visitor Center d. Keep the Borough Assembly and community at large informed as to the results of marketing efforts and the stale of the local tourism industry e. Work with the Alaska Travel Industry Association and other statewide marketing organizations to ensure Kodiak Is represented in their ongoing national and international marketing programs f. Continue work with the communities in the Kodiak Island Borough to determine the role tourism does and can play in the community economies g. Work with the Kodiak Chamber of Commerce to transform the visitor industry into a significant component of the Kodiak region's economy h. Continue development of the kodiak.org website to Improve Its usability and visibility to visitors, potential businesses and residents I. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry J. Maintain a travel press kit to be available on the kadiak.org website, along with a distribution plan for the kit to various travel media Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 64 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 65 of 207 k. Explore new employment and business opportunities related to the Kodiak visitor industry I. Continue work with the airline industry and the Alaska Marine Highway System to maintain and improve access to the Kodiak region m. Continue participation in the Comprehensive Economic Development Strategy committee to foster an understanding of the tourism industry and opportunities and challenges facing the industry A minimum of four Marketing Committee meetings will be scheduled during the term of this Agreement for the purpose of maintaining committee input and guiding the efforts of the contractor. A report of all marketing activities of the contractor will be submitted to the Borough Manager on a quarterly basis. An annual report to the Kodiak Island Borough Assembly shall be presented each spring. Section 3. TERM. This agreement will remain in effect July 1, 2015 through June 30, 2016, unless earlier terminated. Either party shall have the right to terminate the agreement without penalty upon one month's written notice to the other. Section 4. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $85,000.00 by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $21,250.00 on the second Friday of July and October 2015, and January and April 2016. IN WITNESS WHREROF the parties have executed this Agreement on this 6�day of �,, 0 {� , 2015. KODIAK ISLAND BOROUGH DISCOVER KODIAK Na Charles E. Cassidy Jr., Chastity McCarthy, Executive Director Borough Manager Attest: Nova M. Javier, MMC, Borough Clerk Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 65 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 66 of 207 DISCOVER KODIAK 2016 BUDGET PRESENTATION AND ANNUAL REPORT February 2015 DESTINATION MARKETING & TOURISM DEVELOPMENT PROGRAM AGREEMENT Achievements 2014.2015 • www.kodiuk.org had over 357,000 views in 2014. • Provided membership services to 208 members, added 7 members. • Hosted the annual meeting for our membership. • Submitted RFP's to over 8 convention holders around the state. • Continued our monthly Bear Tracks newsletter. • Produced additional co-op advertising opportunities for our membership. • New and updated downtown walking map produced, color coded walking trails added. • 2 page winter spread introduced in 2015 Visitor Guide, encouraging year round travel. • Hosted two media/travel writers which resulted in 5 stories, social media exposure and a video series. • Completed Kodiak specific market research which will be used to direct future advertising purchases. • Supported the production of two television shows "Island Life" and "Buying Alaska." • Hosted our annual fundraising event which was a sold out event. • Hosted a community scavenger hunt that led the public to membership businesses during the 2014 Crab Festival. • Created new proprietary products for the visitor center. • Created a partnership system to better advertise non-member businesses. • Accepted a bid to produce a new Kodiak Island feature video. Section 2. SCOPE OF WORK. The contractor will work with the Marketing Committee to accomplish lbe following tasks identified in the document, such as: a. Produce collateral marketing materials, including the Explore Kodiak Visitor Guide • Kodiak Visitor Guide revised and produced each year. • Press Media Kits developed to target specific media. • 2015 membership directory re -recreated • Downtown walking maps re-created with additional features b. Continue to provide information about Kodiak region to the traveling public • Served approximately 9172 cruise ship passengers & crew plus 11,000 independent travelers, Coast Guard families, convention and business travelers and local residents. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 66 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 67 of 207 • Visitor Center worked with Fish N Game to produce outdoor walking plaque c. Maintain and staff the Kodiak Visitor Center • Staff visitor center full-time, year round. 6 days a week from May. September. d. Keep the Borough Assembly and community at large informed as to the results of marketing efforts and the state of the local tourism industry • Attend Borough assembly and/or workshops as requested. • Provide quarterly reports • Provide relevant information to membership in regards to Borough information e. Work with the Alaska Travel Industry Association and other statewide marketing organizations to ensure Kodiak is represented in their ongoing national and international marketing programs • Maintain community partnership level with ATIA. • Maintain listing in Oficial Alaska Travel planner • Participated in ATIA cooperative marketing programs • Director served on ATIA Marketing Committee I. Continue work with the communities in the Kodiak Island Borough to determine the role tourism does and can play in the community economies • Participated in the Downtown Beautification Committee • Serve in an advisory capacity to the BearTown Market • Coordinated public workshop on small business social media development and maintenance • Attended the Welcome Aboard fair at the Coast Guard base • Director serves on KUBS committee g. Work with the Kodiak Chamber of Commerce to transform the visitor industry into a significant component of the Kodiak region's economy • Serve as Tourism Representative on the Kodiak Chamber of Commerce Board of Directors • Meet regularly with Chamber of Commerce BD to develop ways to improve downtown business, especially as related to cruise tourism • Serve on the Crab Fest committee It. Continue development of the kodiak.org website to improve its usability and visibility to visitors, potential businesses and residents • Further developed an IMAP location system • Updated Kodiak specific statistics for media/press page • Created partnership opportunities for purchase by non members i. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry. • Attended Career Day at the Kodiak HS • Partnered with the Learning Cafd in hiring a student for seasonal help • Attended the Kodiak Health Fair at the college • Served on the Advisory Council for the Kodiak College Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 67 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 68 of 207 • Hosted the Arctic Council to the new Afognak building as a possible meeting space for 2017 tribe relations. j. Develop a travel press kit to be available on the kodiak.org website, develop a distribution plan for the kit to various travel media • Developed several travel press kits with different criteria, each with a different target consumer. All downloadable. • Created a site landing page for media/press. • Distributed to media at one on one appointments through the Alaska Media Road Show It. Explore new employment and business opportunities related to the Kodiak visitor industry • Serve in advisory capacity to the BearYown Markel • Assist members in development of business plans; notify membership of gaps in visitor services. • Hold roundtable sessions with our members to discuss future business operations and opportunities. • Assist members in development of social media as a marketing tool • Began offering social media management as a member benefit I. Continue work with the airline industry and the Alaska Marine Highway System to maintain and improve access to the Kodiak region • Maintain relationship with Alaska Airlines and Era Aviation to encourage expanded (lights and lower airfares to Kodiak. • Keep informed about airport closures and/or construction. Lobby for minimal interruptions. • Partner with ERA and Alaska Airlines to create cheaper package options for Alaska residents traveling to Kodiak. • Maintained airport rack brochure program at the Kodiak Airport • Partnered with Seward for a travel trade program in. Continue participation in the Comprehensive Economic Development Strategy committee to foster an understanding of the tourism industry and opportunities and challenges facing the industry • Attend CEDS meetings and report on tourism and keep abreast of borough -wide issues. • Attended the Borough's suggested FIMA course on Disaster Management. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 68 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 69 of 207 Meagan Christiansen From: Chastity McCarthy <director@kodiak.org> Sent: Wednesday, September 02, 20151:22 PM To: Meagan Christiansen Subject: RE: Borough contract Attachments: D00003.pdf Meagan, I submit a sheet every year that Includes each bullet point and how It was managed. I have attached it again. Also, FY15Is what is attached, but if we are starting to talk FY16 as well then we have made further steps for the villages— such as our rural community visitor center (at the mark air building). In addition to the attached sheet; Discover Kodiak has: F. Rural Community Visitor Center implemented Gained village membership such as Nunlaq Food Market (Old Harbor) & Lodges in other villages Spoken with each village representative to get a re -write of their specific section In the 2016 Visitor Guide WIII be holding our board retreat In a village this year Elected a board member from Old Harbor (Jeff Peterson) Worked with Old Harbor Native Corporation to distribute membership Information Had media visit the villages of Akhiok & Old Harbor I. Switched annual meeting space to the Afognak Shareholder space (typically Powerhouse) & are doing an exchange membership with them for convention advertising Currently working with the high school curriculum providers to have tourism articles as a writing point in the semester—that we an then use & publish Attend Career Fair & Health events at the college & high school Used Native Corp & College space In all meeting proposals to potential meeting planners Working to host a SMD seminar that will include all of these groups Also, aside from what is mentioned—we of course represent all village members In the VC the same as we would any local member. The villages are represented with a spread In the visitor guide and listings on the cover. The college is represented on our community map, etc. We feature them in our collateral materials (and on www.kodiak.org and with referrals just as any City member. Thankyou, Chastity McCarthy Executive Director Discover Kodiak 100 Marine Way, Suite 200 Kodiak, AK 99615 (907) 4864782 (907)486-6545 fax www.kodiak.ore 1 Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 69 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 70 of 207 Dist er Kodiak's mission Is to promote malalnable development rthe lnarisat Industry Ihinugbnut Kodiak blond Borough, thersb, increasing economic oplmrtunitles, jobs and local tax revnnua. A Please consider the environmmnl b6ore printing this email. From: Meagan Christiansen rmailto:mchdstiansen(&kodlakak.usl Sent: Wednesday, September 02, 2015 10:10 AM To: dlrectorOkodiak.om Subject: Borough contract HI Chastity, I am assisting Bud In preparing the 2015-2016 Discover Kodiak contract. He has asked me to check in with you regarding Item f. (Continue work with the communities in the Kodiak Island Borough to determine the role tourism does and can play in the community economies( and Item 1. (Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry) of the current contract. Can you please provide a brief description of what has been or is being accomplished within those contract Items? Also, could you please add me to your Borough report distribution list? Thankyoul Meagan Meagan Christiansen Special Projects Support Kodiak Island Borough 907-486-9303 trch ristia nsen (akod lakak. us 2 Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 70 of 207 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 16, 2016 ASSEMBLY REGULAR MEETING TITLE: Contract No. FY2017-03 Discover Kodiak Destination Marketing And Tourism Development Services For FY2017 ORIGINATOR: Meagan Christiansen FISCAL IMPACT: Yes $95,000 (Amount Requested) Account Number: 277-287 448-364 SUMMARY STATEMENT: FUNDS AVAILABLE: Yes Amount Budgeted: $75,000 Discover Kodiak has been providing destination marketing and tourism development for the City of Kodiak and Kodiak Island Borough for several years through its Marketing Committee. This contract renews the Borough's relationship with Discover Kodiak for the 2017 fiscal year with funding from the Borough's bed tax revenue. Contract No. FY2016-20 was approved at $85,000 for FY2016. Discover Kodiak Board of Directors and members respectfully request an increase of $10,000 for a total request of $95,000 for FY2017. The duties to be accomplished by the contractor are described in the contract. Note: The FY2017 reflects a budget appropriated in the amount of $75,000 and there is $5,000 appropriated for Village Tourism Development. Attached in this packet is a copy of the FY2017 Final Budget for these line items. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2017-03 with Discover Kodiak for Destination Marketing and Tourism Development Services for fiscal year 2017 in the amount of $95,000. Kodiak Island Borough Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 71 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 72 of 207 DESTINATION MARKETING & TOURISM DEVELOPMENT PROGRAM AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough (Borough) and Discover Kodiak (contractor) for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide destination marketing and tourism development activities for the Kodiak Island Borough. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide a Marketing Committee (Discover Kodiak Board of Directors) and one full time equivalent to focus on destination marketing and tourism development in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will work with the Marketing Committee to accomplish the following tasks identified in the document, such as: a. Produce collateral marketing materials, including the Explore Kodiak Visitor Guide b. Continue to provide information about Kodiak region to the traveling public c. Maintain and staff the Kodiak Visitor Center d. Keep the Borough Assembly and community at large informed as to the results of marketing efforts and the state of the local tourism industry e. Work with the Alaska Travel Industry Association and other statewide marketing organizations to ensure Kodiak is represented in their ongoing national and international marketing programs f. Continue work with the communities in the Kodiak Island Borough to determine the role tourism does and can play in the community economies g. Work with the Kodiak Chamber of Commerce to transform the visitor Industry into a significant component of the Kodiak region's economy h. Continue development of the kodiak.org website to improve its usability and visibility to visitors, potential businesses and residents I. Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry j. Maintain a travel press kit to be available on the kodiak.org website, along with a distribution plan for the kit to various travel media Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 72 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 73 of 207 k. Explore new employment and business opportunities related to the Kodiak visitor industry I. Continue work with the airline industry and the Alaska Marine Highway System to maintain and improve access to the Kodiak region m. Continue participation In the Comprehensive Economic Development Strategy committee to foster an understanding of the tourism industry and opportunities and challenges facing the industry A minimum of four Marketing Committee meetings will be scheduled during the term of this Agreement for the purpose of maintaining committee input and guiding the efforts of the contractor. A report of all marketing activities of the contractor will be submitted to the Borough Manager on a quarterly basis. An annual report to the Kodiak Island Borough Assembly shall be presented each spring. Section 3. TERM. This agreement will remain in effect July 1, 2016 through June 30, 2017, unless earlier terminated. Either party shall have the right to terminate the agreement without penalty upon one month's written notice to the other. Section 4. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $95,000.00 by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $23,750.00 on the second Friday of July and October 2016, and January and April 2017. IN WITNESS WHREROF the parties have executed this Agreement on this _day of , 2016. KODIAK ISLAND BOROUGH DISCOVER KODIAK Michael Powers Chastity McCarthy Manager Executive Director Attest: Nova M. Javier, MMC, Borough Clerk Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 73 of 207 AGENDA ITEM AaA7 Contract No. FY2,7-0aDiscover Kodiak Destination Ameg. 777777 �{ Cm � |}}|f || (|||| (i! � _ - jX ■ __ -' _ __ � ` ,. K! .,-,. K!§'« ■.. |■# ■� �... a! ■!■, ... ■,• ( { ., . ��■ ;I !; !! ■. ■■■■� .■, .... ,. | .. s,■.. ..■ ■§_.. ..._ §/} \ \ NO - r | ! ^` ` � ! « ■■,■ „ � ! ! Contract No. FY2,7-0aDiscover Kodiak Destination Ameg. 777777 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 75 of 207 DISCOVER KODIAK 2016 BUDGET PRESENTATION AND ANNUAL REPORT March 2016 DESTINATION MARKETING & TOURISM DEVELOPMENT PROGRAM AGREEMENT Achievements 2015.2016 • www.kodiak.org had over 399,530 views in 2015. • Provided membership services to 212 members, added 18 members. • Hosted the annual meeting for our membership. • Submitted RFP's to over 10 convention holders around the state. • Continued our monthly Bear Tracks newsletter. • Produced additional co-op advertising opportunities for our membership. • New and updated downtown walking map produced, color coded walking trails added. • 2 page winter spread introduced in 2015 Visitor Guide, encouraging year round travel. • Hosted two medialtravel writers which resulted in 5 stories, social media exposure talk show exposure, a part in the Discover America series and a video series. • Completed the Discover Kodiak Destination marketing video that has been viewed over 15,850 times since September 1 I". • Hosted our annual fundraising event which was a sold out event. • Hosted a community scavenger hunt that led the public to membership businesses during the 2015 Crab Festival. • Featured presenters at the Fairbanks Outdoors Show. • Hosted a member to member discount shopping month. • Opened a second visitor center at the airport during summer months. Greeted 536 guests during 2 months. • Created new proprietary products for the visitor center. • Created a partnership system to better advertise non-member businesses. • Was awarded the 2017 Alaska Travel Industry Association Convention. Section 2. SCOPE OF WORK The contractor will work with the Marketing Committee to accomplish the following tasks identified in the document, such as: a. Produce collateral marketing materials, including the Explore Kodiak Visitor Guide • Kodiak Visitor Guide revised and produced each year. Increased production this year. • Press Media Kits developed to target specific media. • 2015 membership directory re -recreated • Completed the Discover Kodiak Destination Marketing Video. • Downtown walking maps re-created with additional features Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 75 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 76 of 207 b. Continue to provide information about Kodiak region to the traveling public • Served approximately 14,076 cruise ship passengers & crew plus 13,439 independent travelers, Coast Guard families, convention and business travelers and local residents. • Visitor Center worked with Fish N Game to produce bear facts plaque outside visitor center. c. Maintain and staff the Kodiak Visitor Center • Staff visitor center full-time, year round. 6 days a week from May - September. • Started an airport visitor center opened July & August, served 536 guests. d. Keep the Borough Assembly and community at large informed as to the results of marketing efforts and the state of the local tourism industry • Attend Borough assembly and/or workshops as requested. • Provide quarterly reports • Provide relevant information to membership in regards to Borough information e. Work with the Alaska Travel Industry Association and other statewide marketing organizations to ensure Kodiak is represented in their ongoing national and international marketing programs • Maintain community partnership level with ATIA. • Maintain listing in Official Alaska Travel planner • Participated in ATIA cooperative marketing programs • Director served on ATIA Marketing & Public Relations Committee I. Continue work with the communities in the Kodiak Island Borough to determine the role tourism does and can play in the community economies • Worked to develop a Board of Directors with native corporation and village representatives. • Entered trade partnerships with native organizations for space usage and better advertising. • Worked to develop an all-inclusive hikingtactivity map that shows privately owned native lands. • Hosted annual meeting guest speaker who is a rural development facilitator and developer. • Worked with Native Corporation on feasibility study focusing on tourism expansion and building. g. Work with the Kodiak Chamber of Commerce to transform the visitor industry into a significant component of the Kodiak region's economy • Serve as Tourism Representative on the Kodiak Chamber of Commerce Board of Directors • Meet regularly with Chamber of Commerce ED to develop ways to improve downtown business, especially as related to cruise tourism • Serve on the Crab Fest committee h. Continue development of the kodiak.org website to improve its usability and visibility to visitors, potential businesses and residents Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 76 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 77 of 207 • Further developed an IMAP location system • Updated Kodiak specific statistics for media/press page • Implemented online RFP's and menu services for potential convention & meeting planner clients. • Sent over 500 leads from www.kodiak.org and consumer shows to membership businesses. • Updated Kodiak specific statistics for media/press page • Uploaded all media kits and press information to the website. • Created partnership opportunities for purchase by local businesses. L Work with Kodiak College, the Kodiak Island Borough School District, Kodiak Area Native organizations, and other organizations to encourage entrepreneurship and assist small business development in the visitor industry. • Attended Career Day at the Kodiak HS • Partnered with the Leaming Caff in hiring a student for seasonal help • Attended the Kodiak Health Fair at the college • Served on the Advisory Council for the Kodiak College • Advertised whale pamphlets to visitors made by Karluk schools • Worked to develop a Board of Directors with native corporation and village representatives. • Entered trade partnerships with native organizations for space usage and better advertising. j. Develop a travel press kit to be available on the kodiak.org website, develop a distribution plan for the kit to various travel media • Developed several travel press kits with different criteria, each with a different target consumer. All downloadable on the website. • Developed a "Services Menu" for potential meeting & convention clients. • Now offering rental services for meeting planners who need decorations, chair covers, etc. • Distributed to media through one on one appointments at Alaska Media Roadshow. k. Explore new employment and business opportunities related to the Kodiak visitor industry • Serve in advisory capacity to the BearTown Market • Assist members in development of business plans; notify membership of gaps in visitor services. • Hold roundtable sessions with our members to discuss future business operations and opportunities. • Assist members in development of social media as a marketing tool • Operated visitor center at the airport that employed I seasonal staff during summer months. • Began offering graphic design to our membership for more expansive business services: brochure creation, ad creation, etc. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 77 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 78 of 207 1. Continue work with the airline industry and the Alaska Marine Highway System to maintain and improve access to the Kodiak region • Maintain relationship with Alaska Airlines and Era Aviation to encourage expanded flights and lower airfares to Kodiak. • Keep informed about airport closures and/or construction. Lobby for minimal interruptions. • Partner with ERA and Alaska Airlines to create cheaper package options for Alaska residents traveling to Kodiak. • Maintained & expanded airport rack brochure program at the Kodiak Airport m. Continue participation in the Comprehensive Economic Development Strategy committee to foster an understanding of the tourism industry and opportunities and challenges facing the industry • Keeping CEDS statistics up to date and keeping abreast of Borough -wide issues. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 78 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 79 of 207 BoroughR e Oda& Board of Directors Jim Rippey, President (Russian River Roadhouse) Darlene Turner, Vice -President (A Smiling Bear B&B) Megan Ivanoff, Secretary (Aleutian Belle Tans) Trevor Brown, Treasurer (Kodiak Chamber of Commerce) Jeff Peterson, Kodiak Combos Stacey Simmons, Koniag Inc. Jesse Glamann, Big Ray's Alaskan Outfitters Barb Hughes, Pickled Willy's Scott Hosler, Walmart Full- Time Staff: Chastity McCarthy, Executive Director Jenifer Miranda, Membership Services Denise Sproat, Visitor Services Historical Overview: The Kodiak Island Convention & Visitors Bureau was Incorporated as a 501 C (6) in 1985. In 1996 the Kodiak Island Borough passed an ordinance introducing a bed tax to be used solely for the purpose of tourism development, enhancement and beautification. (KIB Code 3.55.010) Being as 501 C (6) organization means that we are not eligible for the typical grants and charitable giving programs, We are not eligible for the same outside funding sources as many of the other local Kodiak non -profits. For this reason, Discover Kodiak works to create revenue opportunities that bring In over $150,000 each year. Typical messages we see are: In arderlo to eligible Im Ne Grogram, each Alaska 501<(3) crganizatIon must ci fi Nato meets chain noueemenls eshnu sned In the low. The law slabs: Purpose: The purpose of the Kodiak Island Convention & Visitors Bureau, dbe Discover Kodiak, shall be to promote sustainable development of the tourism and convention Industry throughout the Kodiak island Borough and City, thereby Increasing economic opportunities, jobs and local tax revenues. Discover Kodiak encourages travel by the public to and through the Kodiak Island Borough while maintaining a continuing Interest in the well-being of travelers to the area. Kodiak Borough Numbers in Relation to Tourism: TOTAL SPENDING 1193 elwae Employment: 8% win, iei ria. Bed Tax: $SD4,074(FY15) Fishing/Tagging License: $28,350 & a portion of sales tax. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 79 of 207 AGENDA ITEM #13.A.1. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 80 of 207 Accomplishments in FY 2015 • Incorporation of new revenue earning website features 01� ra..ol.i �I�lo, �„a.m•.wb [m01%menl In AY•.,.11 • Increased production of the 2016 Visitors Guide & Mini -International Guide I._ • Production of the new road system map used at many local retailers and by m. RI•• Visitors • Featured presenters at the 2015 Fairbanks Outdoors Show. • Awarded the 2017 Alaska Travel Industry Association Convention bid. • Opened a second vlsitor center at the airport during summer months. Greete 536 guests during 2 months. • Increased traffic to www.kodiak.org • Social Media o Facebook: 26,787 likes and several give -a -way promotions m;°;""'� o Twitter: 1198 followers IrR.� 1vFiOi o Instagram: 199 followers Ai9i liras o Pinterest and You Tube: 212 followers • Sold out fundralser seven years; meet or exceed fundraising expectations • Completed market research at independent travel shows to gain consumer JIM leads and visitor statistics. • Increased retail store revenues as a result of new product development • Membership drive resulted in 6 new members within a 4 -month period • Director attended the Alaska Travel Industry Convention in Juneau • Hosted and served 14,076 passengers traveling on 12 cruise ships • Successful in increasing the number of cruise ships to Kodiak to 14 for 2016 • Served 13, 439 visitors to the visitor information center • Partnered with KMXT & other nonprofits to promote events and public service announcements • Partnered with both the Alutiiq and Baranov Museums to do community outreach and cruise ship activities. • Director elected to serve on the State of Alaska Marketing Committee • Director serves on LEPC Board for the Borough and City. • Director serves as tourism representative an Chamber of Commerce Board of Directors. • Director serves as tourism representative on CEDS committee. • Director serves on the Kodiak College Advisory Council. Magazine advertising appeared in the following magazines in 2015-2016 Fish Alaska Magazine Outside Magazine AAA Midwest Traveler Alaska State Travel Planner AAA Home and Away Smart Meetings Alaska Magazine Sunset Magazine Reel News Backpacker Vacation Country Travel Guide National Geographic Where Magazine Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 80 of 207 AGENDA ITEM #13.A.1. DESTINATION MARKETING & TOURISM DEVELOPMENT PROGRAM AGREEMENT THIS AGREEMENT is entered into by and between the Kodiak Island Borough (Borough) and Discover Kodiak (contractor) for the purpose of setting forth the terms and conditions pursuant to which the contractor shall be contracted to provide special projects in addition to their destination marketing and tourism development activities for the Kodiak Island Borough. Section 1. INTENT OF AGREEMENT. The contractor is hereby contracted to provide special project to enhance their destination marketing and tourism development contract in the Kodiak Island Borough. Section 2. SCOPE OF WORK. The contractor will work with the Marketing Committee to accomplish the following tasks identified in the document, such as: a. Adventure Travel Trade Association Pre -Summits. $5,000 Visit Anchorage is showcasing the best of its adventures to delegates, offering three- to seven-day itineraries. These adventures give delegates an opportunity to experience the iconic landscapes and exciting activities available in Alaska. All adventure package prices listed include food, accommodation, transport, guide/escort and activities. Adventures begin three to seven days before the Summit and end on Sunday, September 18. All Summit delegates can enjoy a Pre -Summit Adventure, and buyers and media can apply to be hosted by Visit Anchorage. Seven delegates signed up for Discover Kodiak's pre -summit hosted by Discover Kodiak. b. Rural Tourism Summit $12,000 Bring a Rural Development Facilitator with PANDION Desitnation Services to Kodiak to host a rural tourism summit with the goal of creating a rural tourism development strategy and implementation plan. c. Non Discretionary Funds $3,000 Increased costs of operating and fulfillment. Section 3. TERM. This agreement will remain in effect July 1, 2016 through June 30, 2017, unless earlier terminated with projects completed in this timeframe. Either party shall have the right to terminate the agreement without penalty upon one month's written notice to the other. Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 81 of 207 AGENDA ITEM #13.A.1. Section 4. COMPENSATION. As compensation for all services rendered under this agreement, contractor shall be paid $20,000.00 by the Kodiak Island Borough. Said compensation shall be paid in equal installments of $5,000.00 on the second Friday of July and October 2016, and January and April 2017. IN WITNESS WHREROF the parties have executed this Agreement on this _day of 2016. KODIAK ISLAND BOROUGH Michael Powers Manager Attest: Nova M. Javier, MMC, Borough Clerk DISCOVER KODIAK Chastity McCarthy Executive Director Contract No. FY2017-03 Discover Kodiak Destination Marketing... Page 82 of 207 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 16, 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 (P7Z 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 13 - Business to 1 -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 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 83 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 84 of 207 Introduced by: Borough Manager Requested by: Planning and Zoning I Commission Dnafted by: Community Development 2 Department 3 Introduced: 06/16/2016 4 Public Hearing: 5 Adopted: 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 I I PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION OF AN t 12 18.24 ACRE PORTION OF LOT 2, U.S. SURVEY 1673 FROM 13 COMMERCIAL/BUSINESS TO INDUSTRIALILIGHT INDUSTRIAL (P&Z 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 84 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 85 of 207 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 f 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 85 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 86 of 207 A , Kodiak Island Borough .AAA Community Development Deportment A �, ,,, 710 Mill Bay Road Kodiak, Alaska 99615 ./ Phone (907) 486-9363 Fax (907) 486.9396 www.kodiakak.us May 19, 2016 Mr. Mark Anderson Silex 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 1 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 86 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 87 of 207 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. 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, Rc h Pe AICP Director, Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 87 of 207 Image Overlay Request: A Comprehensive Plan Amendment to change Case No. 16-017 the Future Land Use Designation of a S 18.24 acre portion Applicant: Silex LLC of Lot 2, U.S. Survey 1673 from Commercial/Business to Agent: Mark Anderson Industrial/Light Industrial )KIBC 17.205) v J sus r' TR� . AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-B P B Z REGULAR MEETING: MAY 18, 2018 KIB Location & Zoning Map wl 16_01 7 the Future Land Use Designation ;leLlLC- pplicant: o 1 5e)rciallBusiness to i �d'`�/ % i WW O Legend " Subject Parcel Zoning Legend Public Use Lands Q Rural Residential 1 = Multi Family Residential Light Industrial Q Watershed ® Rural Residential 2 Business Q Rural Neighborhood Commercial Conservation Single Family Residential Q'. Retail Business Urban Neighborhood Commercial 0 Rural Residential 0 Two Family Residential ® Industrial Natural Use Ko9aklsland Bar oueK Gly CommunitynovolopmantnCpa=.nt mybP^aIJE MCN nnwb ryiprsa e—�Accaaa eoana IsP�IN.wx.YWlaYak.ua191s 190IIa98Bl]l CYtab yaMa Mlr.Noal YkgY rynv�aaObm.WCamuu[ba 0.gnl of WeYy Casa No. 18-0171ntmtluClon Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 89 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 90 of 207 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MAY 18, 2016 Q is 5 a'� ALASKA STAFF REPORT AND RECOMMENDATION CASE No. 16417. 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 at I 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: 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. Zonina History: • Zoned C -Conservation by the 1966 Kodiak Metropolitan Zoning Map • Zoned B -Business by Ordinance No. 77-11-0 2. Site Size: 3 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 Dr: (-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 Pian 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/Liaht Industrial: This designation covers Industrial uses such as warehouses, manufacturing facilities, and other uses allowed in the Borough's I -Industrial and LI-Llght Industrial zoning districts. 7. Applicable Reoulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: Casa No, IM17 Staff Report and Recommendation Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 90 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 91 of 207 PUBLIC HEARING ITEM 7-B P a Z REGULAR MEETING: MAY 16, 2016 Y 6 0 Y. aLasxn 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 initialed 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 taken 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. 16.016). The subject parcel is designated CommerclaVBuslness in the 2006 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 -Conservation are currently vacant. COMPREHENSIVE PLAN CONSISTENCY Case No. 16-017 Starr Report and Remmmendation Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 91 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 92 of 207 N PUBLIC HEARING ITEM 7-13 P 8 Z REGULAR MEETING: MAY 18, 2016 8i 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, buffering, 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 fad listed In the staff report entered into the record for this case as "Findings of Fad" 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. Casa No. 16417 Stall Report and Recommendabon Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 92 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 93 of 207 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: MAY 18, 2018 Introduced by: KIS Manager Requested by: PaZ Commission Drafted by: CDD I Introduced: x7Uxx/xxxx 2 Public Hearing: VJxx/xxxx 3 Adopted: xdVJxxxx 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:k 11 18.24 ACRE PORTION OF LOT 2, U.S. SURVEY 1673 FROM 12 COMMERCIAUBUSINESS TO INDUSTRIALILIGHT INDUSTRIAL (PB,Z 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 Comprehenslve Pian 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 Silex 34 LLC to amend the 2008 Comprehensive Plan by changing the future land use designation 35 of a t 18.24 acre portion of Lot 2, U.S. Survey 1673; and 36 37 WHEREAS, at an advertised public hearing, consistent with Kodlak 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 Commisslon 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. FY2016-xx Case No. 16.017 Staff Report and Recommendation Page l oft Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 93 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 94 of 207 PUBLIC HEARING ITEM 7.6 P & 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 No. 16-017 Staff Report and Remmmendation Page 2 of 2 Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 94 of 207 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM RB P E Z REGULAR MEETING'. MAY 1e, 2018 Kallak Island Borough Print Form F Submltby Emill Community Development Department I III�III IIII IIIIIII 710 Mill Bay fld.flm 205 Kodiak AK99615 Ph. (907) 486.9362 Fax (907) 486.9396 htto:/Avww.kodiakak.us 17229 PROPJD 17229 Application for Rezone KIBC 17.205 ArA USrAP SIA\1 hMlulaujur fl1n nIZ The following lnfarmavon is to 6esupplie bythe lane Property Owner/Applicant SILEX LLC et at Mailing Address: 2705 MITI Bay Rd Kodiak, AK 99615 Phone Number. 907.486-3215 Other Contact emall, etc MarkAndersonOgd.net Legal Description: Subdv: LIS51673 PTN of Lot 2 Block Lot: Street Address: NHN W fleranof Dr n,q cuJ kEkr Fulp; cc I v ; 1M sJCwL Current Zoning: Business KIBC 1790 Proposed Zoning: Industrial KI8C 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 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 pmperty 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 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 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. Continuedc reverse Case No. 16017 Application Package Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 95 of 207 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7.8 P 6 Z REGULAR MEETING: MAY 18. 2016 Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plam No negative Impact of the comprehensive plan Is anticipated as a resuk of this rezone. The proposed use Is more compatible with Industrial property. The remne has a very real Indirect benefit to the comprehensive plan When the batch plant Is relocated, a grand -fathered nonconforming 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 Inorease In affordable housing Is a direct benefit to the comp plan. Date: 3-1,9-1,O Signature: /// CDD Staff Certification Date: CDDStafb Payment Verification Fee Payable In Cashlees 0JTrCe Boom a 104 IOBC 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: 40DI acres or more: Case No. 16017 Application Package Building r- Waiver of fee I— Waiver off" ® A i✓ ' F- 5350.00 Lr A 10 i r $750.00 MAR 2 g 2016 fR $l,a6o.6g r s1.sooW IAKISLANDBOROUGH INANCE DEPARTMENT Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 96 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 97 of 207 PUBLIC HEARING ITEM 7-13 P &Z REGULAR MEETING: MAY 1B, 7016 PAYMENT DATE Kodiak Island Borough BATCH NO. 03/29/2016 710 MITI Bay Rd. 2016-00000343 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2016-00000666 RECEIVED FROM CASHIER SILEX LLC Cashier DESCRIPTION APPLICATION FOR REZONE AND COMP PLAN AMENDMENT - USS 1673 PTN OF LOT 2 INT -1 r r Other or Misc Other or Miscellaneous $1,000.00 Payments: Type Detail Amount Check 2032 $1,000.00 L_ Total Amount: s1,000.00 Customer Copy Case No. 16017 Application Package Printnd low Canhler Penn 7 n1 1 0312912n1R 011nR•n3 PM Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 97 of 207 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-8 P a Z REGULAR MEETING: MAY 18, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486.9363 %vww.kodinkak.us I PUBLIC HEARING NOTICE I 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 My, on the following request: CASE: I&017 APPLICANT: Silex LLC AGENT: Mark Anderson REQUEST: A Comprehensive Plan amendment to change the Future Load Use Designation of r d: 18.24 acre portion of Lot 2, U.S. Survey 1673 from Commercial/Business to Industrial/Light Industrial (KIBC 17.205). LOCATION: NEIN Rennof Drive West (Green Mountain Gravel Pit) ZONING: B -Business This notice is being sent to you because our records indicate you arc 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 rmnmrnls must be received by 5 am, Tuesday, May 3. 2016 to be comidered by 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 ssmitlra. Wdiakak. 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 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 Borough Conference Room (H 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 call us at 486-9363. Your Name: Norma Addmr. Your property dreeripaee: Co....,: Case No. 18017 Public Comment Packeae Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 98 of 207 AGENDA ITEM #13.C.1. PUBLIC HEARING ITEM 7-13 P 6 2 REGULAR MEETING'. MAY 18, 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) Applicant 1673 from Commercial/Business to Silex LLC Industrial/Light Industrial (KIBC 17.205). �B At, . as Approximate Location N 4 �e b W.q Rxenol c "Oma dim by> b%bb by a" N M1 a amasuf �poaN Y y4 a�1 oq Public Hearing Notice Lagane 1 PNof yA oSubject Parcel a Irl z,36o <.eao 0 Notification Area Nooicx lslena 9omugn cls Community Davelopnutaticpnr .m ---- &I.-Roaifa htlP If'b✓a'.koNPMaA.uz/9h 1961) 486A337 -1. lPiuIPr.mN0�11on�InYe�� mxw I�wmL `-..]Jm-Vrurma aims of ways Casa No. 16-017 Public Comment Peas, Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 99 of 207 AGENDA ITEM m3r7 Ordinance No. R&,s 3Amending 2e32 Comprehensive Am. Page,@ y207 \ : \[ !$!!!a \ ! j \ ) (§() \\(()§ Ordinance No. R&,s 3Amending 2e32 Comprehensive Am. Page,@ y207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 101 of 207 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: MAY iB, 2018 A AAA Kodiak Island Borough A C A a Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 r- 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 99,615 Re: Case 16-017. Request a Land Use Designation of o 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: 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 (11121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases 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 core 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, t "" Sheila Smith, Secretary Community Development Department Case No, 16.017 Public Comment Package Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 101 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 102 of 207 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 x 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" Tor 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 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 IndustrlaULight 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 IndustrlaULight 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 t 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 8 Zoning Commission Minutes May 18, 2016 Page 2 of 10 Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 102 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 103 of 207 Kodiak Island Borough Community Development Deportment It* *710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486.9363 Fax (907) 486-9396 " www.kociakak.us May 19, 2016 Mr. Mark Anderson Silex 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 1 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 103 of 207 AGENDA ITEM #13.C.1. Ordinance No. FY2016-23 Amending The 2008 Comprehensive Plan... Page 104 of 207 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. 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 488.9353. Sinnc/ceer'�ely, 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 104 of 207 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH AGENDA STATEMENT / JUNE 16, 2016 ASSEMBLY REGULAR MEETING TITLE: Ordinance No. FY2016-25 Rezoning an f 18.24 Acre Portion of Lot 2, U.S. Survey 1673 From B -Business District to I -Industrial District. ORIGINATOR: Sara Mason FISCAL IMPACT: No Account Number: SUMMARY STATEMENT: FUNDS AVAILABLE: Amount Budgeted: 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. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-25 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 105 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 106 of 207 Introduced by: Borough Manager Requested by: Planning and Zoning I Commission Drafted by: Community Development — Department 3 Introduced: 0611512016 4 Public Hearing: 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. II SURVEY 1673 FROM B -BUSINESS DISTRICT TO I -INDUSTRIAL 12 DISTRICT (P&Z 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. FY2016-25 Page 1 of 2 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 106 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 107 of 207 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 107 of 207 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM )-C P 3 Z REGULAR MEETING'. MAY 18, 2016 Case No. 10418 lntmdudion Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 108 of 207 KIB Location & Zoning Map w 1. R Location and Zoning Case No. 16-018 Request: A Rezone of a ± 18.24 acre portion of Lot 2, U.S. Sumey 1673 from B -Business to I -Industrial Applicant: Silex LLC Agent: Mark Anderson (KISC 17.205) // .was v / Q Legend / � Subject Parcel Zoning Legend 0 Public Use Lands Rural Residential 1 = Multi Family Residential S Light Industrial Q Watershed ® Rural Residential 2 ®i Business Rural Neighborhood Commercial Conservation Single Family Residential Q Retail Business Urban Neighborhood Commercial 0 Rural Residential Two Family Residential Industrial Natural Use Naalak 1=aamu0h an hap'IM1A sodItllull.Y vpis (Ba))/B&B]]] Communey Deatopment 0eparbnent V,..... lninnaseie .nsi.�,��o��°��• Wy.. y p rynvnVOona �_e_A¢ess Roads j—u—I Ummnenuded R%hl o(Ways Case No. 10418 lntmdudion Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 108 of 207 Image Overlay Request: A Rezone of a : 18.24 acre portion of Lot 2,1 Case No. 16-018 U.S. Survey 1673 from B -Business ti I -Industrial Applicant: Silex LLC (KIBC 17.205) Agent: Mark Anderson i 1 I AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 110 of 207 PUBLIC HEARING ITEM 7-C P S Z REGULAR MEETING: MAY 18, 2018 Y C 6 1/da 0`L ALASKA STAFF REPORT AND RECOMMENDATION CASE No. 16.018. A Rezone of a ± 18.24 acre portion of Lot 2, U.S. Survey 1673 from B - Business to I -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 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: ± 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. Industriat/Light Industrial: This designation covers Industrial uses such as warehouses, manufacturing facilities, and other uses allowed in the Borough's (-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). Lem No. 18018 Staff Report mE Rewnmendatlm Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 110 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 111 of 207 nNo nagQ PUBLIC HEARING ITEM 7-C AA ., p P a Z REGULAR MEETING: MAY 18, 2016 f V"d D ei ALASK. 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 [-industrial. This action follows a request to amend the 2008 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 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 -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" Can No. 1s oia Starr Report and Recommendation Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 111 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 112 of 207 PUBLIC HEARING ITEM 7-C P 6 2 REGULAR MEETING: MAY 19, 2019 D Y nr_aeKn 1. The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, Including a realistic assessment oftheirpotential within the KIB. • Staff Analysis: The local population trend is Flat to declining and there is no Indication of that trend reversing In the foreseeable future. Stable or declining populations do not necessarily correspond to a reduced need for Industrial uses. 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 Analvsis: 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 17.105.050 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.. No. 19-019 Staff Report and Reoommentle0on Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 112 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 113 of 207 u PUBLIC HEARING ITEM 7•C P 3 Z REGULAR MEETING: MAY 18, 2016 p >�5 i ALIIBKA zoning, buffering, design standards, and other means. • Economic Goal: Regulate land uses to protect Industrial uses and minimize conflicts with adjacent uses. • Policy., Maximize compatibility or adjacent land uses and minimize conflicts through zoning, buffering, 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 3 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 fact listed In the staff report entered into the record for this rase 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 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. Caee Na. 18-019 Stan Report wit ReoommeWdon Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 113 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 114 of 207 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MAY te, 2016 Introduced by: Kia Manager Requested by: PBZ Commisslon I Drafted by: CDD Introduced: xx/xx/xxxx 2 Public Heedng: )WXdxxxx 3 Adopted: Xdxx/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 I1 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 t 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. FY2018-xx Case No. iBate alae Repot and Recommendation Page l aft Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 114 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 115 of 207 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: MAY 18, 2016 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. 16-018 Stan Report and Remmmendelion Page 2 of 2 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 115 of 207 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-C P Is Z REGULAR MEETING'. MAY 18, 2016 Kodiak Island Borough Print Fortn Submit by Email Community Development Department I IIIIIIIIIIIIIII III 710 MIII Bay Bd.Rm 205 Kodiak AK 99615 Ph. (907) 496.9362 Fax(907)486-9396 hno://wwwAodiakak.us 17229 PROP_ID 17229 Application for Rezone KIBC 17.205 Aft Cn)A4.q.1 hMfu >Jt- t d- Ith-pi*7 Thefollowing lnformatlon is to be supplle by the Applicant: Property Owner/ Applicant SILEXLLC etal Mailing Address: 2705 MIII Bay Rd Kodiak, AK 99615 Phone Number. 907-486-3215 Other Contact email, etc MarkAnderson@gcimet Legal Description Subdv: U551673 PTN of Lot 2 Block Lot: Street Address: NHNWRezanof Dr Ak CWtkEkr FLU4; Lv : 1N v51C19L Current Zoning: Buslness KIBC 17.90 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 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 conservation zoned land owned by the State of Alaska, It Is not likely that this property will ever he 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 zoning. Continued on reverse Case No. 16-106 Application Package Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 116 of 207 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-C P E Z REGULAR MEETING: MAY 15, 2016 Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plane No negative Impact of the comprehensive plan is anticipated as a result of this rezone. The proposed use is mare 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 option that may Include resldentlal use at the old vacated batch plant site. An increase in affordable housing Is a direct benefit to the comp plan. Date: 3-18-11a CDD Staff Certification Date: Payment Veri�acatlon Signature; CDD Staff: a104- IUBC 17.205430 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 500 acres: 5.01 to 40.00 acres: 40D1 acres or more: Case No. 16-108 Appliraloon Package l F Waiveroffee 1 F Wa50.00ee r $3350.00 PAIn P�y1 1 F $750.00 MAR 2 B 2616 0; $1,goB.ee f sl.eeA IAK ISLAND BOROUGH INANCE DEPARTMENT Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 117 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 118 of 207 PUBLIC HEARING ITEM 1-C P & Z REGULAR MEETING: MAY 1B, 2016 PAYMENT DATE Kodiak Island Borough BATCH NO. 0329/2016 710 MITI 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 Other or Moc Other or Miscellaneous $1,000.00 Payments: Type Detail Amount Check 2032 $11000.00 Total Amount: $1,000.00 Customer Copy Lase No. 16108 Application Package Prinied hvr C.Rhier Pann i of 1 9312912mfi 01•nR103 PM Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 118 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 119 of 207 PUBLIC HEARING ITEM ]-C P 3 Z REGULAR MEETING: MAY 18, 2016 "A* Kodiak Island Borough A P, Community Development Department 710 Mill Bay Road Room 205 i 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 of a t 18.24 acre portion Lot 2, U.S. Survey 1673 from B - Business to 1 -Industrial (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 of cases 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 andlor 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, '215*1no.on Sheila Smith, Secretary Community Development Depanment Case No. 16-016 Public Comment Package Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 119 of 207 AGENDA ITEM #13.C.2. PUBLIC HEARING REM 7-C P aZ REGULAR MEETING: MAY 18, 2g1B KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 uww,Wdiakak.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 any, 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 Rezanof Drive West (Green Mountain Gravel Pit) ZONING: B -Business This notice is being sent to you because am records indicate you are a property owner/interested party in the arca of the request. If you do not wish to testify verbally, you my provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 nm- Tuesday. May 3. 201610 be considered 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 ssmith(ulkodiakak.us. If you would like in 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 Borough Conference Room (8121), 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 Nam,: alaainLAddrm: Your progeny dtlrrlPdoa• Commenlr: Can No. 18.018 Public Comment Package Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 120 of 207 AGENDA ITEM #13.C.2. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING'. MAY 18, 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 ]-industrial (KIBC 17.205). (Green Mountain Gravel Pit) Applicant Silex LLC Ip jQ =Mo+�2+um Jnhno�p gG� Approximate Location WMI ftutaNja D�No b�9 4 Vb b 4N Mp 4 N u 49 ipp5v�;"j {pope yuu 9 u .31 4 PAublic Hearin Notice `°e / Parcel 0 1,160 z.�oo pplSubjectct afioo O Notifcatlon Area AA xpumk blonC Bomugn GtS Community DevelopmentDD�manent ---. n<..n R..m VnmphpoNENii' > ',,nm uplMwx.koNOMak us/gb i907)4B6AI11 mt, mob M wn. I.,, C=,._] urc....... u R",., w., Case No. 16-0ta Public Comment Parha9e Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 121 of 207 AGENDA ITEM #13.C.2. oa+ne No. Re,E25Rezoning el2.24 Acre Portion a... Page ,2y27o @( ,�e■!& \\ ,,,,, Z< Z< ( ! ; K B / § ) u !`! Z;; 2kR§|, ■0 �0 ,, a!! i;(;2§ \k oa+ne No. Re,E25Rezoning el2.24 Acre Portion a... Page ,2y27o AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 123 of 207 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 ± 18.24 acre portion of Lot 2, U.S. Survey 1673 from Commercial/Business to IndustriallLight 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 fact listed In the staff report entered Into the record for this case 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 an 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 Razanof 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. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 123 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 124 of 207 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 I- Industdal (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. Mason reported this request follows the request to amend the 2006 Comp Plan changing the future land use designation from Commercial/Business to Industrial/Light 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 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. 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 pennllted 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 & Zoning Commission Minutes May 18, 2016 Page 3 of 10 Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 124 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 125 of 207 * * Kodiak Island Borough * * a * Community Development Deportment 710 Mill Bay Road �. Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 " www.kodiakak.us May 19, 2016 Mr. Mark Anderson Silex LLC 2705 Mill Bay Road Kodiak, AK 99615 Re: Case 26.018. 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 farwarded 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. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 125 of 207 AGENDA ITEM #13.C.2. Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 126 of 207 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 20D8 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,dedrsonAICP Robert H. Director, Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY2016-25 Rezoning an ± 18.24 Acre Portion of ... Page 126 of 207 AGENDA ITEM #93.C.3. KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 16, 2016 ASSEMBLY REGULAR MEETING 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. 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 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 127 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 128 of 207 Introduced by: Borough Manager Requested by: Planning and Zoning I Commission Drafted by: Community Development 2 Department 3 Introduced: 06/19/2018 4 Pudic Heading: 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 II 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 (PBZ 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 Pian 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 128 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 129 of 207 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 129 of 207 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM ]-E P & Z REGULAR MEETING'. MARCH 16, 2016 N KIB Location & ZoningMa wl: p S �. '.... sye` i r r .� pa a O�a I 'lD 1 GI y M1 Ei� ' 11411 .'Ma < subject Parcels gi1, i Zoning Legend [_] Public Use Lands Q Rural Residential 1 Multi Family Residential _ Light Industrial Q Watershed ® Rural Residential 0 Business Q Rural Neighborhood Commercial Conservation Single Family Residential 0 Retail Business Urban Neighborhood Commercial Rural Residential 0 Two Family Residential Q Industrial Q Natural Use Nndi:l hlandapmuph Ole Community wDm.alroPro�nnt D.parhnent wmwso —n pme.. Roads M1tlp'./Mwrv.BWleMkuLBb (90]118&W]] mly.nd a not nonadl try NsYnpnunuaev.Unmmpuckd (iqM of Nhys Case No. 16.0131nImduCion Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 130 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 131 of 207 PUBLIC HEARING ITEM 7.E P 6 Z REGULAR MEETING'. MARCH 16, 2016 KIB Image Overlay Map W" 6 Image lan AmendmeWto Case No. r Designatoi Applicant: Kodiak Island Borough . : Old Conservation ns Bay Parcels A& B from I to Industrial/Light Industrial, T tl d � J • 3 Rf. d[WA1P L Image Overlay Legend " r.w ��/+r[�]�A��r��/y W �1� G Subject Parcels 5 H°°mx W.dBala OG15 Community eavolopmont e°portmont Jpgm.. 1M1aEl htlpd/ ww.koCleFak.ual9n (907)480-933J �ml Pi..nmplor mhm m.wn•a�l+°m. Casa No. 16-0131ntmdudon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 131 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 132 of 207 PUBLIC HEARING ITEM 7-E P a Z REGULAR MEETING: MARCH 18, 2016 a 14P pL ALASKA STAFF REPORT AND RECOMMENDATION CASE No. 16-013. A Comprehensive Plan amendment to change the Future Land Use Designation of Seavlew Subdivision, USS 2539 Parcels A and B, and Lash Dock Tideland Lease from Conservation to Industrial/Light Industrial KISC 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 -Conservation 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 (-Industrial by Ordinance 2014-02 2. Site Size: t 49 acres 3. Existing Land Use: Industrial, Business, Vacant 4. Surrounding Land Use and Zonina: • Southwest: Vacant RR1-Rural Residential One land • NorthlWest: Vacant Conservation land 5. Comprehensive Plan: • Not addressed by the 1968 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 Desianations: Conservation: This designation corresponds to the zoning designation of the same name and allows for a variety of natural resource extraction uses (timber harvest, mining, and farming) as well as low-density residential use and other uses such as lodges. Casa N. 18413 Staff Report and Remmmendabon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 132 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 133 of 207 PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: MARCH 16,2016 tw<.+.. A-1 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 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. CURRENT USE AND ZONING The subject parcels are zoned I -Industrial, with exception only to the Lash Dock Tideland Lease, Casa No. 16-013 Staff Report and Reocmmendatlon Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 133 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 134 of 207 PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: MARCH 16, 2016 Y Ti 'L YLASNA 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 lie to the east. RECENT DEVELOPMENT TRENDS IN THE AREA Development in the Immediate area has been industrial or business. Most RR -1 and C- Conservalion 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 KIB 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, 164)13 Staff Report and Remmmendaton Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 134 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 135 of 207 pN� eopo PUBLIC HEARING ITEM 7-E y P 8 Z REGULAR MEETING: MARCH 16, 2016 Y � Q 0 C =J 1 4L43NG 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. Case No. 16013 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 135 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 136 of 207 PUBLIC HEARING ITEM AE P & Z REGULAR MEETING'. MARCH 16, 2016 1 n 0 T 1 ^ ^ 3 1 1 16-013 Staff Report I Exhibit A KODIAK ISLAND BOROUGH ORDINANCE W. 81-8.0 Page 1 AN ORDINANCE OF THE KODIAK ISLAND BORWGH ASSEMBLY AMENDING THE KODIAK ISLAND BOROUGH COMPREHENSIVE LAND USE PLAN. BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH ASSEMBLY THAT: SECTION 1: The Land Use Plan Is e[omprehanslve hereby emended t0 classify the D p ty described IN Section 2 use. Of this Ordinance for industrial SECTION 2: A Dart of USS 2539, Kodiak, Alaska further described as follows: Seward Meridian, Alaska (Unsurveyed) That portion Of USS 2539 more Particularly located within (protract ed) MRS, R20N, Sections 21, 22, and 28, and described as follows: Beginning at A Point At the line of mean high tide on thesoutherly share of Women, Bay NORTH of the USGS triangulation station `CHRIS' thence westerly and northerly, along the line of mean hl IN tide Monens BAY, to a paint at the mean high tide on the northwesterlofy HSG l ocetedfntheasterly the G trlan9u sh ithe of USGS lotion station true paint of beg inn ln9: thence SHANNON N 380 30' N, approximately 500 feet to a point on a boundary of PLO 5566 ee described as bearing 5 Slo S lB8e70e Sapproziim Ieet a E, tp Paint; theence telYs 125mfas0 CGSAA N, 300 feet distant frm Ne in, 38030' center)Ina o%Gthe [Mnlak — southwas tarty, el ono the line wh lch is 700 /eat from a pe rellal [o, the centerline o/ �he Ch l nfak Road a distance of 3100 feet ll e point Mance 5 45 E, a00 /ant mere Gr less line to the moan hl gh tide of Nmm•na Bay; thence along said mean high tide line to e iwrtha Starly direction to the true paint 01 beginning. Containing apprGzimetely 46 acres. PASSED AND APPROVED Mls 2rw tley of Mau, 1981. KODIAK ISLAND BOROUGH BY:� 1� vvyor ATTEST: BY: .4 e e 9 P49e 1, Ordinance No. 81.8-0 Case No. 16013 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 136 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 137 of 207 PUBLIC HEARING ITEM 7-E P B Z REGULAR MEETING: MARCH 16. 2016 16-013 Staff Report I Exhibit A r) EIDIW nulo BOr 'till 1 I Page 2 RDINANCE NO. 8. 0 Or- Ri 9 FIRST READING DATE: Ancil P. taps SECOND READING, PUBLIC NEARING, PASSAGE DATE: Nsy 1. 1981 EFFECTIVE DATE: Hey 7, 1981 REQUESTED BY: Ronlag. Inc. PREPARED BY: Planning and C.nitV Development Department REC"ENDATION: The Kodlak Island Borough Planning and Zoning Commission I recommends app ravel of this Ordinance. i I I I Case No. 16413 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 137 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 138 of 207 PUBLIC HEARING ITEM T -E P 8 Z REGULAR MEETING'. MARCH 16, 2016 16-013 Staff '71I o 1 T t i= t 1 Report Exhibit B KODIAK ISLAND BOROUGH Page e 1 ORDINANCE NO. 81-9-0 INANCE AN S+ WITHIN OF THE KODIAK ISLAND BOROUGH ASSEMBLY !MATELY 46 AWES! WITHIN USS REZONING App80A_ 2539 FROM CONSERVATION i0 INDUSTRIAL. NED By THE KODIAK ND OROUGH ASSEMBLY IISECTION 82539 1: AE4fiiacrcIparts' located n�USS more descrihad In II section 2± of this Ordinance 1s hereby rezoned Intlustrial. escrilervabtan Iron cm to SECTION 2: A part of USS 25796 Kodiak, Alaska, further described es: � Seuard Meridian. Alaska (Unsu rveyad) 'I That portion o/ U.S. Survey 2539 mare pa (protracted) T285, p20Y, rticulerly located Swithin it fell.,: 21, 22, and 28, and described as Beginning at a pOlnt at the line of mean high tide on the shore °/ Nomens Bay NORTH southerly of the USGS triangulation station •ORRIS";' thecae Arcstart and northerly, al0n9 Ywens I: the Tine of neat Bay, to a point at the mean high tidide of high shore of Yomens e an tn Bay, near the most northerly he northeasterly to located northeasterly antl If the old dL of US 4S triangulation station "SHANNON'; to a Point of be Inning; thence the N 38° 30' Y, epprox l ma to ly 500 feet 30' NPoint nQe 5 8jd°31]ryIf roxlme aptofy 1500 fee tateea rpo�n[; 510 NN78°e3p'3Y, 300 feet Elstanttflrme the fcen Road, ter! one°oftMehChl n ois thence southues terly, along the Hne ak pa reIle l r which is 700 feet from a [°, tha centerline gI the Ch frisk Roed a dlstence feet t° ppin thence highs of 7100 5 45 E, 40O feet mere or less to the mean In northwel s terlYYtld rection;t°hthe true line pt Said°/rcban Ie9lnn I. Ing �'a Containing approAfma tel y 46 acres.. PASSED AND APPROVED this 4th day of June, 1981. i KODIAK ISLAND BOROUGH I BY: ° g aYtr ATTEST: IIBY:� o °r°ug er IIFIRST READING DATE: A I1 2 1981 SECIX10 READING, PURL C H R NG: Ufa rL , 1981 ji EFFECTIVE DATE: June 4 1981 REOUESTEO BY• Kon a nc. PREPARED BY: eIn n an RE[OMtENMTt 11 n ve ° It a Ann n an n ar ment O°a s6 0° recmmen s ep mval tf this r � Case No. 16013 Staff Repart and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 138 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 139 of 207 PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING'. MARCH 16.2016 16-013 Staff Report Exhibit 1 Page Kodiak Island Borough Page 1 a A Community Development Department 710 Mill Bay Road rry. Kodiak, Alaska 99615 Phone (907) 485-9363 Fax (907) 486-9396 www.kib.co.kod iak.ak.us Memorandum Date: July8,2013 To: Mayor and Assembly Members Cc: Borough Manager From: Robert H. Pederson, ACIP 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 matterwas continued at your July 2, 2013 regular meeting to the July 181h regular meeting. A number of Issues and concerns were raised during public comments and Assembly deliberations. These included: • Traffic impacts and possible need for turning lane(s) Y Impacts to marine habitat and ecosystems • Visibility • Competition with Horizon Lines 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. I Case No. 16-013 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 139 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 140 of 207 PUBLIC HEARING ITEM 7-E P d Z REGULAR MEETING: MARCH 18, 3018 16-013 Staff Report Exhibit C Page 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 29.49.949 Alaska Statutes sets forth these distinctions on how zoning and land regulations serve to implement local comprehensive plans in differing ways: Sec. 39.40.000. Land use regulation. (a) In accordance with a comprehensive plan adopted under AS 39.40.030 and In order to implement the plan, the assembly by ordinance shall adopt or amendpmvisions governing the use and occupancy ofland that may Include, but ore not limited to, (1) 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 ofstmctures; Zoning Zoning is one of the primary tools to implement the future land use maps in a comprehensive plan. The 2908 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: "Future land use designations should be considered generalized designations which may include uses allowed in multiple zoning designations. ' (KIT Comp Pion Chap. 4, pg. 13) 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. Case No. 18-013 Stan Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 140 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 141 of 207 PUBLIC HEARING ITEM 7-E P 82 REGULAR MEETING: MARCH 1e, 2018 16-013 Staff Report Exhibit C Page 3 Other Agency Permlt Requirements Specific development proposals are further governed by requirements and permitting responsibilities of other agencies, such as ADEC, the Corps of Engineers, DNR, etc. At 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 2nd public hearing, staff reexamined the factors 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 of the some name andallaws Jar o misery af.what resource extinctive uses (timber harvest, mining and farming) as well as law density residential use and other usessuch as lodges.' (Kia Camp pion Chop. 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. KIS 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. 1"13 Staff Repan and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 141 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 142 of 207 PUBLIC HEARING ITEM 7-E P Is REGULAR MEETING: MARCH 18, 2018 16-013 Staff Report Exhibit D Page 1 Introduced by: KIB Manager Requested by: Paz Commission I Drafted by: Coo Introduced: adxd. 2 Public Hearing: ax/w. 3 Adopted: v/ax/. 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 11 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 INDUSTRIALILIGHT 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, Seavlew 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-xx Page 1 of 2 Case No. 1"13 Staff Report and Recommendation Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 142 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 143 of 207 PUBLIC HEARING REM 7-E P 8 Z REGULAR MEETING: MARCH 16, 2018 16-013 Staff Report Exhibit 0 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 Jerol Friend, Borough Mayor 89 ATTEST: 90 91 92 93 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2016-xx Page 2 or 2 Case No. 18-013 61e8 Report and Recommenda0an Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 143 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 144 of 207 PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING'. MARCH 18 2015 Kodiak Island Borough Prin[Femi Sdbmi[by EmaB 710 NilBay R& Rm 705 Community Development Department III IIIIIII�I�IIIDIIIII KAK15 Ph. (90]) 466-936-936odak996 7 Fex(907I466-9396 htt 1/www.kedlaknkus a:ulll FLUD PROP_ID Muhl Application forKIBC 17.205 Ifr-b1�3 _ TFe o�ig In armalbn—� Is to �iupplleaby the Applicant IsWerty0wner/Applicant See ettachnent/Kodal, Bland Borough Community Development Department Walling Address 710MIII8ay Road Phone Number. 4869361 Other Conrad emall,etu smas"kodlakakus Legal Description: Subdn See below Block Lot: SneetAddres Multiple FLUD FLUD /Li h Ind Vlal CuneAtLenb91-COuwnyAden KMC1750 Proposed a. d, 1. Industrial %IBC 17.105 Applicable Comprehensive Plan: 2006 Kodiak Island Borough Comprehensive Plan Update Explanation of the need BJusUIRallon for a change or amendment of zoning: This application Is for an amendment m the 2008 Comprehensive Plan future land use designation of5eavlew Subdivish n hots tA- 27A), Lash DackTideland lease (portion of 5mbn 21, T785, VOW, Seward Menicilan), and U552539 Old SWpyard-Woman, Bay Panel, All BCommatbn to Indusnlal/Lighl IndusWaL A map showing the,ubJm area Isattached. Thisareahubeenused,whiendedforuse,asIndustriallandformanyyoMlongbeforeadoptbnofthe2OOSCom mhemlve Plan. Thesub)ect properties arecurrently tuned I -Industrial and have been used br culou, industrial ecib ltksovertheyears. Thio request will not nwdlfy actual use of the land at existing mNnp. This request seeks to remedy mapping error In the adopted 2008 Comprehensive Plan. �[gntMued on revere) Case N0. 16013 Applicaton Package Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 144 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 145 of 207 PUBLIC HEARING ITEM YE P & Z REGULAR MEETING'. MARCH 16, 2016 Explanation of the effect such a longe w a mendmant would have can the obf ecsWes of the applicable wm prehensWe plan: This amendmentwill have no effect on the ob)evlvesafthe 2008 Comprehensive Plan. This future land aseamendment will rectify mapping mor in the plant. Date: Signature: WDStaffotlon Date: Febg.2016.2016 COD Staff. gra Mason Payment Verification Fee Payable In Cashlen Office Room a 104 -Main flow of Borough Building IOBC 17.7054301viameroflnitiatkyu Charges in this tltie may be innlated M the following manner. A.Theassemblyuponloownmoti m r>z Walveroffee B.Thewmmistbn upon Its own motion r- Walveroffee C. By petition, Less than 1.75 aces (— 8350W I.76to5L0aao: r $750.00 SDI to 40D0 eves (— $I=JO0 40.01 avesormoe: r S150u.00 Case No. 16-013 Application Package Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 145 of 207 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM ]-E P & Z REGUTAR MEETING', MARCH 16 2016 Case Na. 1G013Application Package Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... 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Page 146 of 207 Request: A Comprehensive Plan amendment to cha—ngithe Future Land Use Designation of Seavlaw Subdivision, USS 2538 Parcels A& 8, and Lash Dock Tideland Lease (a portion of unsurveyed fractional Section 21,T23S, R20W, Seward Meridian) from Conservation to IndustrialiLight Industrial (KISC 17.205) AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: MARCH 19, 2019 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486.9363 www.kodukak.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 hem 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 [7.205). LOCATION: W Rumor Drive, Kodiak ZONING: I -Industrial and C -Conservation This notice is being sent to you because our records indicate you arc 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 pm, Tuodav, March 1. 2016 to be considered by the commission. If you would like to fax your comments to to, our fax number is: (907) 486-9396, or you may email your comments to ssmith:nkodiakak.us. If you would like to testify via telephone, please call In your comments during the appropriate public hearing seclion of the meeting. The local call-in telephone number is 486-3231. The loll free telephone number is 1.855.492.9202. One week prior to the regular meeting, on Wednesday, March 9, 2016, a work session will he held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the cue. 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 Nome: MaaMa AdUmr. Your property description: Commenb• Case No. 184313 Public Comment Package Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 148 of 207 AGENDA ITEM #13.C.3. PUBLIC HEARING ITEM 7-E P 8 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). ,q< nen --Rao � M �Pryy�ad�yWY WeK0.ezam\ O u TE N m Buskin w� – �N�REW f h 36 v,asvfv v—Dolph,n Avenm� Ay bb C q \4�r�' 'ra'� %'4y ¢p 1 /p A- / Y 4o No. b y Ab °15P P � `DP� br I0 Sys ^�7°},'�i G ° ,t br b� ry�xn8 Q,6g�d° ar ��alb 9 6 Public Hearing Notice Subject Parcels yNyy��L.1� roalLeascatlon Are Area�11]'E��teso ntoo 11� Q Leases In NotIL Area ,io�`/{ L kmmk Island 0o1u9n Cts M1nP llwwn.AOCI°Aak.ua/9n (9.7)496.9337 Community Developma�mt Dcpenment----p°c.v Rnem na—,,=aAn Jp.po.w my nalamnunaef lgmY M19alnp°,vaWvn. =6rconLNc1°a Rk,hl of WeYa Case No. 16-013 Public Comment Package Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 149 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 150 of 207 e w� n= �w 9 i s NI m m m m m m m ti ti ti v'oi .moi .mr .mi .mi .mi .N+ v1°i .m-� .mi rc g m m m m m m m m m m m m m m m m m m m m sw U¢ U �N � m 7b N 2 a _ iY Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y a a a a a a a a a a a a a a a a a a a a z z a ''la�aaaaaaaa aaaiasaia = o u 00000000a`S 000 u 000 u o m o z 0 0 0 0 0 0 0 o t O o o z o 0 o z o Y¢ Y Y Y Y Y Y Y Y N d m E � U of u w a ¢ u ¢ ¢ ? ¢ d D u o O ¢ i u 0OF O O w QO Q a W N m Q J ti ry "' ry 3 z H 0 N W a m O yw. N J VI O O OJ y, Y1 n y. S X 3 .n 3 a 3 o O 3 3 O Jm m m m b m m m ry 3 m om m m o¢ o o 0 O O ry 0 O ry O o ry ry O D O ry ry ry Q � U � w Z ¢ O c z O U O_ o G a G ¢ Z o O m _ z Q u '—^ .n J O of Z g 0¢¢Nz uOOw$z s o zOo u Q HQo Q�¢ Z Q Z 0¢ O O z>OQ g m O W mw v z C O O Ow Q z ¢ w 7 a O Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 150 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 151 of 207 a a C7 � l7 m5 0 ¢ Q¢ Q W Q Q Q O Q S� —1 0 0 0 2 0 O C O U 0 4Q ULL' ✓1 Y Y Y 6 Y 2 Y Y Y Q Y ON db a QN z N Q 8 O L � Q C X a� a' � 5 E LL � a m a Z °a � i O 0 Q F 2 O m m i z O d� O N m m m N H m m d O °8i;� z� o zg us i o U 2 C y m y O < Z 2 2 1u a O m m 0~ 2 <¢¢ E ` 5 < Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 151 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 152 of 207 PUBLIC HEARING REM 7-E P & Z REGULAR MEErING: MARCH 18, 2018 LASH CORPORATION 7105 West RezanojDrive Kodiak, Alaska 99615 Ph 907.487-2151. Fax 907.487-2106 E-mail seannrt l nalmlo.net mbrechan (Whuahes.net mkebrechan l a alaskamet 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 AI 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 1980'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 .cW Comp Plaa Ammdmmt wdtten cammmu]B Feb 16,.,,d 1 hamhM Cam No. 18413 Public Comment Patlape Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 152 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 153 of 207 they trying to clean up, and essentially what it says is this would allow an expansion of the exalting mull -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 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 mullf-family residence provided you mel 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 slated 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 Pian 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 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) CASE 16.013. The applicant is the Kodiak Island Borough. Request a Comprehensive Plan Amendment to change the Future Land Use Designation of Seavlew 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). The location Is W. Rezanof Drive and the zoning is I -Industrial. Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 8 Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 153 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 154 of 207 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 of 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 of 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 Comp Plan and satisfies the requirement of Tide 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 Seavelw 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 & 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 gelling to it, pretty serious questions of what staff has been looking at as of late so he lakes offense to it and he expects that the commission will pass it but he doesn't Kodiak Island Borough Planning & Zoning Commission Minutes March 16, 2016 Page 9 Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 154 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 155 of 207 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 still owned by the Federal Government and if you are going to do that does the next person who wants to get a tideland tract lease there have to come to you first to gel 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 State 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 Koniag and all the uplands to go with 11, 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 gel started,it 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 property 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 look out. During that time, it was unique when the Navy got all this property under a PLL so the Navy owned the bottom of the bay, the roads, the Slate 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 fool right- of-way down the centerline of the existing road, the State of Alaska changed that about 1986 claiming that something of an onslezedak which they could never prove to us so they made It 100 foot each side of centerline. Here we had a piece of property that we paid for a whole bunch of acres that we have to lease part of it back from the State of Alaska. It's confusing, it's one of those things that happened In the old days. We have been fighting this baftle for a long time and he's just trying to make sure that we aren't getting our foot 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 get a permit to build anything. He doubts if you will see anymore marine development out there because he doesn't think you can get a permit 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 oveday 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 B because they are not marked, Mason said she's only seeing 21 and 22, Seavelw Subdivision was Lots 1 through 22, you are right there are two lots 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 clarify 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 155 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 156 of 207 foot 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 look 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. Brachan 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 record, 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 whet 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 stated 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 went 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 Plan 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 that 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 ARNDTS 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 RRt 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 or 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 stated he doesn't like gaffing 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 slated that one of the reasons we're finding these Comprehensive Plan Future Lend 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 he 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 156 of 207 AGENDA ITEM #13.C.3. Ordinance No. FY2016-24 Amending The 2008 Comprehensive Plan... Page 157 of 207 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 blindsided here as the applicant was. Maker said he will have a discussion with the director and when we look at these Comp Plan Future Land Use Map Amendments in the future that If there are any adjoining/adjacent 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 let them know that there was a screwup on 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 wil 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 or 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. 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 (R1 -Single-family Residential District) • 17.80 (R2 -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 157 of 207 AGENDA ITEM #13.C.4. KODIAK ISLAND BOROUGH AGENDA STATEMENT i� JUNE 16, 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 motionto 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 17.205.055.13, 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 attached ordinance, which is presented for consideration by the Assembly Recommended findings of fact in support of adoption are included as an attachment to the ordinance. Also attached in this packet are the Community Development Department rezone procedures and the draft agenda statement for the July 7, 2016 meeting that details the procedures for adoption of the Ordinance and the Findings of Fact. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-26 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 158 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 159 of 207 Introduced by: Borough Assembly Requested by: Owners Request I Drafted by: Community Development 2 Introduced: 06/16/2016 3 Public Hearing - 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 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 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 159 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 160 of 207 46 WHEREAS, pursuant to KIBC 17.205.055.B, 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 fad 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 160 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 161 of 207 P'0 8" `� KIB ORDINANCE NO. FY2016-26 u -W s -;...... t '0!"ATTACHMENT 1 0 i «Asko FINDINGS OF FACT IN SUPPORT OF REZONE APPROVAL Kodiak Island Borough Assembly Findings of Fact supporting adoption of KIB Ordinance No. FY2016-26 rezoning Lots 10 thru 13, Block 31, East Addition Subdivision from R2 -Two-family Residential District to R3 -Multifamily Residential District (PB,Z Case No. 16.012). 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. 4. The rezone is consistent with the Urban Residential Future Land Use Designation and will further implement various objectives of the adopted Comprehensive Plan. KIB ORDINANCE NO, FY2016-26 ATTACHMENTI Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 161 of 207 AGENDA ITEM #13.C.4. KODIAK ISLAND BOROUGH r e DRAFT AGENDA STATEMENT FOR THE JULY 7. 2016 ASSEMBLY REGULAR MEETING e TITLE: Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, East Addition Subdivision FROM R2 -Two Family Residential To R3-Multlfamily Residential (PBZ 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 (PBZ 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 filed a written statement with the Clerk's office requesting that the Commission's action be taken up by the Borough Assembly. Al 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-famlly uses to the demonstrated a need orjustification west. for a rezone from R2 -Two Family 2. This rezone will recocinize the long Residential to R3 -Multi -family Kodiak Island Borough Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 162 of 207 I_IT6Z-Iffity U-1111139KO", Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 163 of 207 KODIAK ISLAND BOROUGH AGENDA STATEMENT G' JULY 7. 2016 ASSEMBLY REGULAR MEETING standing multi -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 multi -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 163 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 164 of 207 REZONE PROCEDURE PER CHAPTER 17.205 KIBC ANAL O `L /1LY8NA. The Community Development Department utilizes the following procedure to process rezone applications (per Chapter 17.205 KIBC): 1. Upon recelpt 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. 6. 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. B. 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. Ranine Procedure per Chapter 17.205 KaC Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 164 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 165 of 207 PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: MARCH 16, 2010 wwI: KIB Location & Zoning Map IAl s 'Location and Zoning Request: Animn. ILts 10 lh,u 13, Block 31 Eastitidifitim I :and Wilfredo and Yolanda T4boy �Agent� Stephen Foreman J � os Lots 12 -g $ J 4 Lots 10 antl 13 c -1, ¢ 41, antl 11 T,r ' 4 4e �"'' cgWj1e 4`� •�9 aar !p EGM WN a ]Za a e. ce m ]0 (y J/ Logend vrod ��,n QSubJect Parcels Zaned R2 n1—t,an q i� Zoning Legend Public Use Lends L _. _� Rucal Residential 1 L.. J Multi Family Resldeneel Q L1gN Industrial Q WalenMd Real Residential Bushes. L- Ruml Neglbodlo0d Commercial ��.. ;Coruewation ... Single FeMly RasldenAY®Retail Business ® UNan NeigbEodiood Carnmemel Rund Residential L._,] 7Mn Family Residential Industrial C_J Natural Uso Ko Iin l nM aupgn Wa Ge l Depressed Accev R. MVIMww.\w1YYN.rn'Pe 01T)ba-0907 rM�.d WsaslYMw�ea ,.•..._. VricomukreE RqM or Wevv Case No. 1"121ntraduction Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 165 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 166 of 207 tiKIB Image Overlay Map -- _. _--- ----- -I -- Image OverWy Request: A rezone of Lats 10lhrut- 13, 01ock 31, East AdtlidonI�I Case No. 16012 Subdivision from R2.T"4amlly Residential to R-3 Multuamlly Applicant: N&F Properties, LLC Residential (KIBC 17.205). and Wilfredo and Yolanda Taboy Agent Stephen Foreman T (Z oLats 7. and 13 JAW r dry» Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 166 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 167 of 207 PUBLIC HEARING ITEM 7 -DP & Z REGULAR MEETING: MARCH is, 2016 *-.00"'1 STAFF REPORT AND RECOMMENDATION Case No. 16-012. A rezone of Lots 10 thru 13. Block 31, East Addition Subdivision from R2 - Two -family Residential to R3-Multifamll 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 Wilfredo and Yolanda Taboy AGENT: Stephen Foreman LOCATION: 910 and 914 Rezenof Drive East LEGAL DSC: Lots 10 thru 13, Block 31, East Addition Subdivision ZONING: 112 -Two-family 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. Zonina 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 Zoning: 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. Comprehensive 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 R1, R2, R3, and SRO zones. 7. Applicable Reaulatlons: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: Case No. 18-012 Stas Report aW Recammotdatim Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 167 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 168 of 207 PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING: MARCH 18, 2018 Y a L 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 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 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, 19861). Rezoning the parcels to R3 will extinguish the nonconforming uses and allow for expansion of the existing multi -family residences through the construction of additional dwelling units, ExhlbilA Case Na. 1M12 Stall Report and Remmmendallon Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 168 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 169 of 207 N PUBLIC HEARING ITEM 7-D P S Z REGULAR MEETING: MARCH 16, 2016 4 Q O 'L ALRBI(A 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 mufti -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 historic 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-Muftifamlly 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 o/ 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 can future population and employment growth projections, assumptions about the type and land Lase No. 16-012 Staff Repan and Recommendation Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 169 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 170 of 207 PN. acy PUBLIC HEARING ITEM 7-D P & Z REGULAR MEETING: MARCH 16, 2016 AAqy Af a a 0i w�wsnw 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. • Policy. 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. 16-012 Staff Repon and Recommendation Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 170 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 171 of 207 PUBLIC HEARING ITEM 7-D P a Z REGULAR MEETING: MARCH 16, 2019 Y i ALASKA 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 case 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. 15-012 Staff Report and Recommendation Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 171 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 172 of 207 PUBLIC HEARING ITEM 7-D P B Z REGULAR MEETING: MARCH 16, 2015 Exhibit A JAMIN, EBELL, BOLGER 6 GENTRY ♦ CAT 'Ili ATTORNEYSLAWS N J]e CLNLCP • NY C. U.T. ]O] T11s1..PI1 Cw♦LTCR "CICLLN R O.... ♦... '.1L ..Ips LOC. KODIAK, ALASKA 011615Oi♦ ♦ .O[x lel ........ August 5, 1906 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 lots 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 lines 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 on 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 ownership. Based on the caselaw and the clear language of KIBC 17.36.030 would be you 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 "business district" which would forbid the erection of a building across lot linea 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 SCANNEDAUG 6 1986 Riga: ,-�rG� r Case No. 16-012 Staff Report and Remmmendanon Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 172 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 173 of 207 PUBLIC HEARING ITEM 7-1) P a Z 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 established by 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, JARIN, EBELL, BOLGER S GENT�Y 's7—A-A I ` Joel H. Bolge Attorney JEB/vkb Case No, 16.012 Staff Report and RemmmendaWn Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 173 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 174 of 207 PUBLIC HEARING ITEM 7-D P B Z REGULAR MEETING: MARCH 16.2016 Introduced by: Borough Manager Requested by: PBZ Commission Drafted by: Community Development 2 3 Introduced: XXI x/2016 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 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 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 thrut 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 No. 16-002 Drefl Ordinance Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 174 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 175 of 207 PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: MARCH 1e, 2016 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. FY201e-x Page 2 of 2 Case No. 16-0 2 Oran Orcinenu Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 175 of 207 AGENDA ITEM #13.C.4. PUBLIC HEARING ITEM 7-D P 8 Z REGULAR MEETING'. MARCH 16, 2016 Kodlak Island Borough Community Development Department 710MRISay Pd.Rm 205 Kodiak AK99615 PK(907)486-9362 Fax(907)486.9396 httol/www.kodblokus 141.3 PROP_ID 149aP Application for Rezone KIBC 17.205 1(0 -012 The following Information is to be supplied by the Applicant: Property Owner Applicant N&F Properties/ SK Foremand TK Nussbaum B. Wilfredo and Yolanda Tahoe Malling Address: 1944 E Rezanol Dr. Phone Number. 807 654 8653 Other Contact email, etc s4manS80hotmeil.com Legal Description: Subd¢ Fist ADD Block 31 Lot: 10-13 Street Address: 914 E Rezanol Dr. & 910 E Rezanof Dr. Cunent Zoning: R2 KIBC 17.80 Pmposed Zoning: R3 KIBC 1785 ApplkableCtunmeheml"Plan: A. Kodlak Island Comprehensive Plan Update 2008 Explanation of the need &JustlOatlon fora change or amendment of zoning: Both of the R2 zoned parcels subiect to this request contaln long established multifamily residences that are legal noncomrormilles (grandfalhered). Rezoning the parcels to R3 would ezKnqulsh the nonconforming uses and allow for expansion of the existing multifamily 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 reconstructed as multifamily dwelling units should either structure ever be destroyed by Ike or other means (prohibited by current zoning cede). The rezone to R3 would also be consistent with adjacent R3 zoning and established uses to the west. onUnu onr-.- Case No. 16-012 Application Package Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 176 of 207 AGENDA ITEM #13.C.4. PUBLIC HEARING ITEM 7-0 P a 2 REGULAR MEETING: MARCH 18, 2018 Explanation of the effect such a change or amendment would haveon theobJctli es of the appll®biecomprehensive plan: The rezone request is consistent with various Wals, policies, and Implementation actions of the adopted Comprehensive Plan, particularly those pertaining to the provislon of an adequate supply of housing for Borough residents. Darr. I _ // Signature:1 Z A01, CDD Staff Certltiatlon 7 Date: L— I — I LD coo Stash Fee Payable In Cashier's Office Room 4 104 -Main flow of Borough Building IOBC 17305.030 Mannerof initiation. Changes In thio title may be Initiated In the following manner. AThe assembly upon its own motion: r walveroffee B. The commission upon Its own motion: r walveroffee OS C By petition: Less than 1.75 acres•. _ IR $358.00 PAID 1.76 to 5.00 acres: r f^p® $750.00 5.01 tn40.00acrato r 57.000,00 SCD OL 40.01 acres or morr. r Z00.8R001AK15 000UGH FINANCE DEPARTMENT Case No. 16-012 Application Package Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 177 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 178 of 207 PUBLIC HEARING ITEM 7-0 P 6 Z REGULAR MEETING: MARCH 16, 2016 A Kodiak Island Borough AA A A A A A Community Development Department re 710 Mill Bay Road Room 205 4 r",a` ; Kodiak, Alaska 99615 Phone(907)496-9363 Fu (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 rezone of lots 10 thm 13, Block 31, Fast Addition Subdivision from R2 - Two -family Residential to R-3 Multifamily Residential (K03C 17.205). Dear Mr. Foreman: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their March 16, 2016 regular meeting. This meeting will begin in 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 meting, on Wednesday, March 9, 2016 m 6:30 p.m. in the Borough Conference Room (11121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases 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 information in person. Please contact the Community Development Department at 486.9363 it we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, In^ Sheila Smith, Secretary Community Development Department CC: Wilfredo & Yolanda Taboy N & F Properties Cesare 16-012 Public Comment Package Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 178 of 207 AGENDA ITEM #13.C.4. PUBLIC HEARING REM 7-D P 8 Z REGULAR MEETING: MARCH 18, 2018 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: 16-012 APPLICANT: N&F Properties, LLC / Wilfredo and Yolanda Taboy AGENT: Stephen Foreman REQUEST: A rezone of Lots 10 thus 13, Block 31, East Addition Subdivision from R2 -Two- family Residential to R-3 Multifamily Residential (KIBC 17.205). LOCATION: 910 and 914 Ramer Drive East ZONING: R2 -Two-family Residential This notice is being sent to you because our records indicate you arc 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 commcnty must be received by 5 pm, Tuesdav- March 2. 2016 to be consl&md 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 ssmithOR...liakakus. 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, March 9, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (q 121), to review the packet material for the cue. 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 No. strain, Add.,: Your property dncripttm: Commentr Cam No, 18-012 Pubhe Comment Package Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 179 of 207 AGENDA ITEM #13.C.4. PUBLIC HEARING ITEM T -D P & Z 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 ♦ 10 0 6 i?f 1 � Ta 0 �0 B4 ryP O e y �^ oko b. 6 BWn Way a] r ry 0P art 914 � o- 1149 yry �, > ,yP' 10 00- 4' o ry ry ee m o- W 0P n 1 � 5 w sr a o r 66 q h 1+ Sg90 P SB, 6 TN Public Hearing Notice Layana Peel Sublect Parcels w E o us °ss 90o Notification Area aoBlea lel.naaemupn ala Mlpl/vm'w.kMleMk.uf/p6 (W])°aB.9J]] CammunRy DevNopmen� Department ....A .Rahe Th mgbpmleCe,almm ontl WN>en mly ne N,wllMnMCroreM �ptl n9.eemmma =Unco 9q oeCRoWwge Case No. 1M12 Public Comment Package Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 180 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... 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PUBLIC HEARING ITEM 7-D P 3 Z REGULAR MEETINGMARCH 16, 2016 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 71 B Mill Bay Rod, Kodiak., Alaska 99615 (907)486.9363 www.kodiekvk.us Feb 4.2016 Public Heaming Item 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, Kodiak, Alaska, before the Kodiak Island Boroug Planning and Zoning Commission. to hear comments ifan.on The following request: CASE: 16-012 APPLICANT: N&F Properties, LLC I Wllrmdo and Yolanda Tabery AGENT: Stephen Fomnan REQUEST: A remne of Lots 10 thru 13, Block 31, East Addition Subdivision from R2 -Two- family Residential to R-3 Multifamily Residential (KIBC 17205). LOCATION: 910 and 914 Reranof Drive East ZONING: R2 -Two-family Residential This rotice is being sent to you became am records indicate you arc a property ownerintereshd parry in the ores of mw request. Ifyou do not wish to testify verbally, you may provide your comments in the space below or in a letter b The Community Development Department. WHu n eomments mail be ..cowed by 5 Per, Tuauhr, M.mh 2 2016 In be considered by the commission. If you would like to fee yam comments to m, our fax number i5:(907) 486-9396, or you may email your comments to ssmiill0kodi2kak.m. If you would like to hardly ala telephone, please call In your commands during the appropriate public hearing section of the meeting. The loot "Wis telephone number is 486-3231. The tall me Iekphone number Is 1-855-492-9202. One week prior to the regular mewing, on Wednesday, March 9, 2016, a work session will he hdd at 6:30 p.m. In die Kodiak island Borough Conference Room (0121), b review the packs material for the case. Kodiak Island Borough Code provides you with specific appeal rights If you diisagme with the Commission's decision on this request. Ifyou have any questions about he request or yam appeal rights, pleura feel free to callus of 486936). lwrneew:1116.0 - aA& ,V19— P, A41ny{ Addmn-;{J LYLII Rab P10 PI, 1g4 s air pro" drwdpaan {le. 11-:Nr4l. SdA it Ptn—p el cannuant n x�� 1"R,,.smoan Case No. 1&012 Public Comment Package Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 183 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 184 of 207 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, LLC/Wilfredo and Yolanda Taboy and the agent is Stephen Foreman. Request a rezone of Lots 10 thru 13, Block 31, East Addition Subdivision from 112 -Two-family Residential to R3 Multifamily Residential (KIBC 17.205). The location is 910 and 914 Rezanof Drive East and the zoning is 112 -Two-family Residential. Nate: 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 lhm 13, Block 31, East Addition Subdivision from R2-Two-famlly 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 R2 -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, se 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 dawn 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 slated 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 replalted into one lot so as long as that structure remains they are treated as one lot for all 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 get one or maybe a duplex but none of the four lots would be Kodiak Island Borough Planning 8 Zoning Commission Minutes March 16, 2016 Page 6 Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 184 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 185 of 207 big enough to gel a three-plex on if the existing lots were burned down 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 bemuse 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 multl-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 [hat 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 or the fact that now they cant issue a building peril 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 state last time that the one tri-plex is grandfathered with three off-street parking spaces. The other four-plex Is actually a td-plex with an apartment above an attached garage. The Irl-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 right-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 ARNDTS 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 ARNDTS 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 appllcakn what 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 185 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 186 of 207 they trying to clean up, and essentially what it says Is this would allow an expansion of the exslting 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 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 an 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 gel 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 whet 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 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 rase 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 One 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, TIn appItcant Is the Kodiak Island Borough. Request 0s'v Plan Amendm a the Future and Use Desi eaview Subdivision and Lash Dock Tidelan o surveyed fractional Section 21, Township 26 South, Ran "Idlen) from Conservation to IndustriallLight I IBC 17.205). The locatlon anaf 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 186 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 187 of 207 #P,Kodiak Island Borough t # Community Development Department 710 Mill Bay Road re 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 16-012. Request 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). 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 KIBC 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 187 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 188 of 207 Kodiak Island Borough 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 fact for Case No. 16-012 At the April 13, 2016 work session, the Commission requested staff review of the findings of fact 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 fact supporting the denial of the rezone be adapted 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 -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. 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. EMibit A Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 188 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 189 of 207 OLD BUSINESS ITEM B -A P & Z REGULAR MEETING. APRIL 20, 2018 f Kodiak Island Borough Community Development Department �710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.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. E hibitA Casa No. 16412 Adoption of Findings of Fac! Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 189 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 190 of 207 OLD BUSINESS ITEM B -A P &Z REGULAR MEETING'. APRIL 2D, 2016 Exhibit A 03-21-2016 To: Sheila Smith and Bab Pederson, From: Marla Palmer and lay Baldwin Here are the findings of fact In the denial of KIB Case number 16-012 to rezone lots 10, 11, 128, 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 FACT 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 existed 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 justlfying a rezone. 5) The Comprehensive Plan is a general policy guideline that does not specifically address the 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 prop ertles a re appropriate for an R-3 Muldfamily Residential zoning due to the current lora tion and placement of buildings and what appears to be a lack of available parking. F -.- IL i� MAR 2 1 2016 r '!L'�nft L'EN UrE"' fi fa+"'h!:7kir�:r Dese No, 16-012 Adoption d Findings W Fed Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 190 of 207 AGENDA ITEM #13.C.4. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES APPLICABLE TO THE ADOPTION OF FINDINGS OF FACT FOR CASE NO. 16-012 de without the updated ASR plus we need to answer commission questions from ' work session. We would like to request our hearing be delayed until May W ARNDT requested Sheila Smith read Into the record the comments from/ Smith readrtis email and letter Into the record. Kevin Arndt s ed they implement putting the tower i next to his property condition on it at th call it public safety not, with the tower he had in mind to one was resdidenti doesn't know why t there but they fell doesn't see the fall didn't have to at this point. He would recoN these fall zones to be within the property. I that have them but to Implement it for futi doesn't understand this but again he asked he sent In a letter concerning this third time coming be a condition that the fall zone be within their property. At he middle of the properly, and then this lime they mov li knowing there was already a condition but for so is nl. Arndt requested that the condition is put ck due to a fact that it limits him an what he can d on hi right the put in a housing residential comple . There do there, o tieing a trailer court, and the er two w al. At this p Pia ha would have to take at off the hey would mo Il away from an existin Ouse so that it was OK tom It to someone a 's property lin zone radius even Nbowing for the roperty In the bac Close public hearing: fore a commission, t time, they were OW, all the way over reason there's not a into play, you could s property. He would were four things that ere commercial, and table completely. He the fall zone was not e right next to it. He k which maybe they at 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 rission to put this on as a condition. COMMISSIONER PAINTER wanted to rity one thin hal was mentioned at the work session and was misunderstood. Public saf 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 passibility o elecommunicalions syste hal could cause radia frequency interference with public safety mmunications. A lot of other c couples require that a stamp or sealed an prepared a registered professional engine licensed in their stale do an affidavit or something to at 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 h 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 \it ot lower put on the pro line, there's no Issue because it's within the heige's torn between that s ement, If it was a fifty foot monopole on the property Ilnere's no requiremen ecause there's nothing in our code. She agrees with what id, but a ve oat tower is above and beyond the height limits so those are re going to have cuss. nSSIONER SPALINGER MOVED to postpone to the June 15, 2015 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 17.206). Director Pederson stated Maker prepared this memo dated April 15" 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 191 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 192 of 207 COMMISSIONER BALDWIN MOVED to following findings as "Findings of Fact' for Case No. 16.012. COMMISSIONER BALDWIN MOVED to amend the motion Finding #4 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 -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 offslreet perking. 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 16-015. Request a screening review for construction of a hotel on a B -B as: zo 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 WIN MOVED to approve the use of 4' evergr shrubs as adequate screening for a hotel on t 20, Aider -Natalia Subdivision and Lo A through 2C, Block 19, Kodiak Townsite and to ado a findings of fact listed In the st eport entered into the record for this case as "Findings of Fac r Case No. 16-015. Director Pederson staled at your w session on 13'" the commission requested the elevation views of the site that the applic 's repr ntative had laid on the table be submitted so everyone had a copy and they are In your eL They consist of the site plan and elevation drawings. Mr. Knowles submitted four dr gs. ere was also a discussion as to whether screening would be necessary adjacen he right -o y for Alder Lane and adjacent to Lot 5. ZIP Lot 5 is in the sante ownership a zoned Business veloped with the KI property. They didn't feel that screening ne part of the new facility d the existing facility may not be necessary. On Alder Lane was discussion because of that a and the need for visibility when people are comin awn the hill that screening along Alder L may not be necessary for that location. COMMISSION SCHMITT said because he wasn't here for the work sessio a is looking at what was n to us on page 2 of 14, the site plan that shows lot numbers, tho t numbers don't in up with the recommended motion. For Instance, there's not a Lot 2A, 2B, C. C ARNDT invited Ken Knowles, agent for Island Holdings, to come up to the podium. Kodiak Island Borough Planning 8 Zoning Commission Minutes April 20, 2018 Page 4 Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 192 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 193 of 207 Kodiak Island Borough 3rt� - n Community Development Department 710 Mill Bay Road �- Kodiak, Alaska 99615 14 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 R2Twofamily 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 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 112 -Two Family Residential to 113 -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 lune 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 193 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 194 of 207 According to K03C 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 4136-9363. Sincerely, `�� 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 194 of 207 AGENDA ITEM #13.C.4. Ordinance No. FY2016-26 Rezoning Lots 10 thru 13, Block 31, ... Page 195 of 207 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 16, 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 112 -Two-family 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 betaken 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 195 of 207 AGENDA ITEM #17.A.1. KODIAK ISLAND BOROUGH JUN 1 2016 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES April 20, 2016 Rea CALL TO ORDER 6:30 CHAIR ARNDT called to order the April 20, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Jay Baldwin, Barry Altenhof, Maria Painter, Alan Schmitt, and Greg Spalinger. A quorum was established. Community Development Department staff present was Director Pederson, Sheila Smith, and Sara Mason. APPROVAL OF AGENDA COMMISSIONER BALDWIN MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SPALINGER MOVED to approve the March 16, 2016 minutes VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Agenda Items Not Scheduled For Public Hearing And General Comments. Limited To Three Minutes Per Speaker. Local Number: 486-3231; Toll Free: 1-855-492-9202. Judi Kidder stated she appreciates the roll of Planning and Zoning in the community. Commissioners come and go and It's very important that the commission has a very clear understanding of what your role is; to look out for the Interests of the public good. Sometimes there are decisions that come up, for example the Jackson's thing, that should have been considered by Planning and Zoning because of the impact to the community at large. Conditions could have been Imposed. Had it gone through this procedure to mitigate some of the issues that we have coming up with being pushed into a comer with nowhere to go but off a cliff. She thinks It's responsible that perhaps there's an amendment to the code to make sure this doesn't happen again. She's all for improving Kodiak and upgrading things and everything else, but you don't walk on people that have no means to help themselves. You are there to protect the public good and the fallout from this is going to have a huge impact on Social Services. Our budgets are being cut and that means non-profit funding is right there in the crossfire. What's coming up in the next few months, there's going to be a strain on Social Services because of the situation going on. There are some serious changes [hat need to be made in hindsight. She would like to have those looked at. For those commissioners that aren't very familiar, look on the State of Alaska website under Planning and Zoning to see exactly what Is listed as your duties and obligations because there are some things that are ambiguous in the borough code. Things have fallen through the cracks which is a dis-service to the community. In the future, as you look at the small lots etcetera, as you know we are having difficulty finding spaces just to fit some of those long trailers in and she is one of them. We deserve a place to put our homes and we can't Kodiak Island April 20, 2016 Planning & Zoning Commission Minutes Page 1 Parks and Recreation Committee Regular Meeting Minutes of Ap... Page 196 of 207 AGENDA ITEM #17.A.1. do it because there's a physical impossibility through no fault of our own. Those things are a lack of forward planning on behalf of Community Development and perhaps past Planning and Zoning as the town is developed. Those kinds of things should be looked for and anticipated so you don't penalize the little people in favor of the ones that do have the money to do what they need to do. PUBLIC HEARINGS Public Testimony Is Limited To Three Minutes Per Speaker. Local Number: 486-3231; Toll Free: 1-855-492-9202. A) CASE 16.010. Request a Variance to construct a 67' tall telecommunications tower that exceeds the B -Business zoning 50' building height limit by 17' on Lot 3, Block 4, Airpark Subdivision (KIBC 17.195 and 17.90.040). The applicant is Alaska Wireless Network, and the agent is New Horizons Telecom, Inc. The location Is 1812 Mill Bay Road, and the zoning is B -Business. The motion on the table from the March 16, 2016 regular meeting is: COMMISSIONER SCHMITT MOVED to grant a variance, per KIBC 17.195 and 17.90.040, to construct a sixty-seven (67) foot tall cellular communications tower that exceeds the a -Business zoning district fifty (50) foot building height limit by seventeen (17) feet on a leased site located at 1812 Mill Bay Road (Alrpark Subdivision, Block 3, Lot 4), 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. 16-010. Director Pederson said he will lead off and if you have any questions, Mason has worked on the case. When we talked after the work session about some of the details or nuances of the application that weren't squared up Pederson recommended to Mason that we make a request for a sixty day continuance. This is the third month this Item has been before you where the third location for the same site, and it's a very simplistic recommendation and that thirty day postponements haven't worked here before so we thought sixty days is a way to pin down the site, get the application details nailed down, and further opportunities to Interact with the adjoining property owners. That was the basis for the sixty day postponement. Other than that if you have details about the application and what the ongoing discussions with the applicant were, Mason can fill you in. Mason slated this was originally on our February agenda, and we talked about it at the February work session. We didn't have a quorum for the February regular meeting and then last month we postponed it to this month. Since last month's public hearing we have received an updated site plan and fall zone survey that is in your packet, and then last week during the work session there was at least one question about public safety and frequencies and there is a memo in your packet that addresses that. Director Pederson said for the benefit of COMMISSIONER SCHMITT who wan't at the work session, he did relay his concern about the FCC license application being current to square up with the most recent application. We did talk about that, and he's not sure if they re -filed it or not. Mason stated the ASR, the antennae registration, they are working on having that updated now but currently the lallongs don't match the site plan on the ASR registration. COMMISSIONER SCHMITT MOVED to amend the motion on the floor by adding "subject to one condition of approval" at the end of the motion. The Condition of Approval is: 1. Prior to issuance of zoning compliance, the applicant shall provide certification that the FCC has approve its application to construct the subject tower as proposed. Open public hearing: Sherry Greenshields stated she's a Site Consultant for Alaska Wireless Network and she's calling about the proposed Bartel tower site Variance. We understand our application is Kodiak Island Borough April 20, 2016 & Zoning Commission Minutes Page 2 Parks and Recreation Committee Regular Meeting Minutes of Ap... Page 197 of 207 AGENDA ITEM #17.A.1. incomplete without the updated ASR plus we need to answer commission questions from the April 13' work session. We would like to request our hearing be delayed until May 180. CHAIR ARNDT requested Sheila Smith read into the record the comments from Slosh Anderson. Smith read his email and letter into the record. Kevin Arndt staled he sent in a letter concerning this third time coming before the commission, they implemented a condition that the fall zone be within their property. At that time, they were putting the tower in the middle of the property, and then this time they moved it all the way over next to his property line knowing there was already a condition but for some reason there's not a condition on it at this point. Arndt requested that the condition is put back into play, you could call it public safety due to the fact that It limits him on what he can do on his property. He would not, with the tower right there, put in a housing residential complex. There were four things that he had in mind to do there, one being a trailer court, and the other two were commercial, and one was resdidentiai. At this point, he would have to take that off the table completely. He doesn't know why they would move it away from an existing house so that the fall zone was not there but they fell it was OK to move it to someone else's property line right next to it. He doesn't see the fall zone radius even showing for the property in the back which maybe they didn't have to at this point. He would recommend that that P&Z look at a code change to a lot for these fall zones to be within the property. He guesses that right now everyone is grandfathered that have them but to implement it for future ones. It should be within your own property. He doesn't understand this but again he asked the commission to put this on as a condition. Close public hearing: COMMISSIONER PAINTER wanted to clarify one thing that was mentioned at the work session and was misunderstood. Public safety and frequency -there's enough data that she couldn't speak on that because the FCC manages those licenses and frequencies. What she was speaking to was the passibility of telecommunications system that could cause radio frequency interference with public safety communications. A lot of other communities require that a stamp or sealed analysis prepared by a registered professional engineer licensed in their state do an affidavit or something to that effect that says it would not because it would be really costly. She's not saying we have to do that but that was what she was mentioning and was turned around. When she first thought about this case she was really wanting It to be in the center of the property because of the fail zone, and someone Just mentioned that if it was a fifty foot lower put on the property line, there's no Issue because it's within the height limit so she's torn between that statement, if it was a fifty foot monopole on the property line or near it, there's no requirements because there's nothing in our code. She agrees with what Kevin Arndt said, but a sixty-seven foot tower is above and beyond the height limits so those are the things we're going to have discuss. COMMISSIONER SPALINGER MOVED to postpone to the June 15, 2016 Planning and Zoning regular meeting. ROLL 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 17.206). Director Pederson staled Maker prepared this memo dated April 15'" 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 Parks and Recreation Committee Regular Meeting Minutes of Ap... Page 198 of 207 AGENDA ITEM #17.A.1. COMMISSIONER BALDWIN MOVED to following findings as "Findings of Fact" for Case No. 16-012. COMMISSIONER BALDWIN MOVED to amend the motion Finding #4 to read "The existing zoning is consistant 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 -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. 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. NEW BUSINESS A) Case 16.015. Request a screening review for construction of a hotel on a B -Business zoned lot that is adjacent to residential zoning and uses. The applicant proposes the use of 4' tall evergreen shrubs as adequate screening (KIBC 17.90.060C, Location: 203 Alder Lane and 218 Rezanof Drive West). COMMISSIONER BALDWIN MOVED to approve the use of 4' evergreen shrubs as adequate screening for a hotel on Lot 20, Alder -Natalia Subdivision and Lots 2A through 2C, Block 19, Kodiak Townsite 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. 16-015. Director Pederson staled at your work session on April 131° the commission requested the elevation views of the site that the applicant's representative had laid on the table be submitted so everyone had a copy and they are in your packet. They consist of the site plan and elevation drawings. Mr. Knowles submitted four drawings. There was also a discussion as to whether screening would be necessary adjacent to the right-of-way for Alder Lane and adjacent to Lot 5. Lot 5 is in the same ownership and is zoned Business developed with the KI property. They didn't feel that screening between one part of the new facility and the existing facility may not be necessary. On Alder Lane there was discussion because of that curve and the need for visibility when people are coming down the hill that screening along Alder Lane may not be necessary for that location. COMMISSIONER SCHMITT said because he wasn't here for the work session, he is looking at what was given to us on page 2 of 14, the site plan that shows lot numbers, those lot numbers don't match up with the recommended motion. For instance, there's not a Lot 2A, 28, or 2C. CHAIR 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 Parks and Recreation Committee Regular Meeting Minutes ofAp... Page 199 of 207 AGENDA ITEM #17.A.1. Ken Knowles stated there's a property vacation which Lot 2 is going to be the unified Lot 2A, 2B, and 2C under a vacation that's been approved at this point but it hasn't been finally platted. At the time of this request Lots 2A, 28, and 2C still existed but in order to have ail the parking functions that show, they have to be on a single lot. Director Pederson concurred with Knowles comments and if it helps for the record and the motion perhaps the motion could be amended to say the screening as shown on the site plan sheet A2.0 submitted with the application. That would tie it to this site plan. Knowles staled Lot 5 currently has a four-plex on it that's owned by the same owners. Al some point in the future that will be developed and they have no need for screening there, it's more of a continuous property. He also spoke to the owners about the screening as we discussed at the work session along Alder Lane, they feel the need for some security there, possibly a chain link fence with no slats or anything else so that on the high side you can see from the topographical renditions there will be a reasonably tall, over 6 feet, retaining wall at the top and where safety is concerned we would have some sort of barrier there whether it's a screening barrier or a chain link fence remains to be seen. If we screen, its obvious that it's a good idea to have a barrier between the residential property and the commercial property. CHAIR ARNDT said he sees that as not being screened from a safety standpoint. We received a recommendation from staff to attach the site plan on page A2.0 so we don't get confused with the replat, and then we have a second recommendation to remove the screening along Alder Lane and Lot 5. COMMISSIONER SPALINGER MOVED to amend the motion to remove the screening requirement on Alder Lane and Lot 5. COMMISSIONER PAINTER MOVED to amend the motion to approve the use of 4 foot evergreen shrubs shown on A2.0 of the site plan in the packet as adequate screening for a hotel on Lot 20, Alder/Natalia Subdivision. FINDINGS OF FACT 1. The installation of 4' tall evergreen shrubs, shown on site plan A2.0, should satisfy the screening performance standard of KIBC 17.90.050C and 17.175.060.D., and no screening required on Alder Lane and Lot 5. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CAL VOTE ON MOTION AS AMENDED CARRIED B) Discussion of Tract R-2, Killarney Hills Subdivision master plan (scope and timeframe). Director Pederson stated Mason took your comments from last time and tweaked the master plan scope and timeframe. We are requesting that you adopt a motion to approve that and In doing so, in full recognition this is an ongoing planning process. We consider that to be a living document that as information and details emerge in discussions with stakeholders and public. Many things about that may change all of which we would keep P&Z in the loop on and we just want to bring some closure to the scope so we can be focusing on that, a document and moving forward. He said Mason has already drafted a public involvement participation plan. He looked at it yesterday so that will be coming to the commission very soon. COMMISSIONER SCHMITT MOVED to approve the proposed master planning process. COMMISSIONER SCHMITT said he's excited to see this actually start to get some meat on the bones. Has concerned about the use of the word may when we're talking about the cost estimates for moving the ballfleld. He thinks it should be considered but he'll trust staff to act appropriately on that. It looks like all the various user groups and people that have an interest in Kodiak Island Borough Planning 8 Zoning Commission Minutes April 20, 2016 Page 5 Parks and Recreation Committee Regular Meeting Minutes of Ap... Page 200 of 207 AGENDA ITEM #17.A.1. this are going to be involved in the process; he thinks that is critical. It looks like enough time is being allowed to have the number of public hearings that are going to be needed. He supports it. COMMISSIONER PAINTER said at the work session we just kind of barely touched base on this. We kind of looked at it and said we would discuss it but we really didn't go into any detail and she requested more time to review it in more detail. COMMISSIONER PAINTER MOVED to postpone to the May 11 work session and the May 18 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, BALWIN, ALTENHOF, PAINTER, AND SPALINGER. The noe was COMMISSIONER SCHMITT. COMMUNICATIONS A. March Planning and Zoning Commission Case Results Letters 8) Notice of Violation and Order dated 311012016 C) Letter of Courtesy and Advisory dated 3/1012016 D) Letter of Courtesy and Advisory dated 313 012 01 6 E) Letter of Courtesy and Advisory dated 4/512016 F) Letter of Courtesy and Advisory dated 4/512016 COMMISSIONER BALDWIN MOVED to acknowledge receipt of communications. COMMISSIONER SCHMITT said last month during our regular meeting there was a joint meeting of the Assembly/City Council to discuss Planning and Zoning issues where Director Pederson left our meeting to attend that meeting. Can we get some kind of report. Director Pederson slated the discussion revolved around the ADU proposed ordinance and utility Issues. He had the opportunity to speak with Mayor Branson just prior to that meeting. There was a memo he prepared in response to the letter from the mayor asking what information are they looking for. He thinks there was general agreement to keep the lines of communication open with the city. We've met with Mark Kozak at least twice this week and a couple of phone calls. There are maps underway to show all the under-utilized land in the various zoning districts that are connected to the water and sewer system. For example, R-2 zoned lots that only have a single family dwelling on them, R-3 zoned lots that have three units or less on them, and vacant lots In the areas subject to those utilities. If you recall the issue raised was questions of adequate capacity of the city Infrastructure. Mr. Kozak is being clear that there's no water capacity issue and it doesn't appear to be a treatment capacity issue of the city treatment plant. There are Infiltration issues that we've talked about before and there are certainly some heavy rain seasonal flow issues, and some of that is geographically determined by based on which lift stations, there's some lift stations and transmission line capacity and that's what we are trying to map and show to bring more of that data to you for your hearing in May. We are continuing to work with the city in that regard. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • May 11, 2016 Work Session -6:30 p.m. -Borough Conference Room • May 18, 2016 Regular Meeting -6:30 p.m. B. Abbreviated & Final Approvals — Subdivisions S16-002 Abbreviated -Transmittal Memo & Plat 2016-01 C. Minutes of Other Meetings • January 26, 2016 Parks and Recreation Committee Regular Meeting Kodiak Island Borough Planning & Zoning Commission Minutes April 20, 2016 Page 6 Parks and Recreation Committee Regular Meeting Minutes of Ap... Page 201 of 207 AGENDA ITEM W.A.I. • February 23, 2016 Parks and Recreation Committee Regular Meeting COMMISSIONER BALDWIN MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Director Pederson stated that Finance Director Karl Short is retiring the end of next week after almost thirty-three years. The assembly Is considering an appointment of the manager's selection for Finance Director at their meeting tomorrow night. The Borough Lands Committee mel today and past a resolution to forward to the assembly to consider about fourteen parcels for a sale later this fall. The assembly will vole to Initiate disposal and then that will come back to P&Z for your review with a staff report from both Community Development Department and the Borough Resource Mananger, and then it will go back to the assembly for final approval of the disposal and land sale. That is for some of the short range pacels that were identified in the Borough Lands Committee process. There are two other categories: medium term and long term. Work will shift more towards medim term parcels and some of the considerations of that. The other thing is that they would like to see some fairly quick work on some selected amendments to Title 18 involving the land disposal process even to the extent of those, hopefully will be completed before the land sale in the fall. The manager will be talking to Duane Dvorak about this when he returns week after next. The next Lands Committee meeting is May 4' at noon in the KIB conference room. The GIS functions and GIS Technician have moved from the IT Department to the Community Development Department. In the next month or two you will see, in 2013 to amend a couple of sections of borough code addressing sections of the code to bring it up to current standards that the Emergency Service Provider's use nationwide for addressing. There are a couple of small tweeks that would also need to amend Title 16 - Subdivisions and basically the thrust there would be to assign addresses to a lot at the time of preliminary plat approval. This will be part of a larger package of borough amendments to the addressing codes. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. RLocal number is 486-3231; Toll Free Is 1-855-092-9202. None COMMISSIONER COMMENTS None ADJOURNMENT SPALINGER MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:27 p.m. KODIAK ISLAND BOROUGH PLANNIN A�/Np�.�ONI _NGCOMMISSION By: S/ir Scott Arndt, Chair ATTEST By: in 11:1Sheila Smith,ecre Community Development Department APPROVED: May 18, 2016 Kodiak Island Borough Planning 8 Zoning Commission Minutes April 20, 2016 Page 7 Parks and Recreation Committee Regular Meeting Minutes ofAp... Page 202 of 207 AGENDA ITEM W.A.I. KODIAK ISLAND BOROUGH I I y 91UiUN PARKS & RECREATION COMMITTEE 1 MINUTES eonouaH CLEWS or April 26, 2016 Reqular CALL TO ORDER CHAIR SALTONSTALL called to order the April 26, 2016 Parks and Recreation Committee regular meeting at 7 p.m. ROLL CALL Requested excusal was Dale Stratton. Committee members present were Patrick Saltonstall, Helm Johnson, Sharon Wolkoff, Marnie Leisl, Ben Millstein. Excused was Dale Stratton and Steve Paulson (left at 7:15 p.m.). Ex-officlo member present was Alan Schmitt. Absent ex -officio members were Frank Peterson, Ron Bryant, and Corey Gronn. A quorum was established. COMMITTEE MEMBER JOHNSON MOVED to excuse Dale Stratton and Stephen Paulson. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Tom Quass. APPROVAL OF AGENDA CHAIR SALTONSTALL slated he'd like this to be put on the agenda under New Business Item C so we can discuss it. COMMITTEE MEMBER LEIST MOVED to approve the agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY MINUTES OF PREVIOUS MEETINGS Regular meeting of: • March 22, 2016 Parks and Recreation Regular Meeting • April 5, 2016 Parks and Recreation Trail Summit COMMITTEE MEMBER JOHNSON MOVED to approve the previous minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS None OLD BUSINESS A) Monashka Bandit Range Quass said the borough may be looking at closing the range. As we discussed also previously, maybe we could find a group that would want to come in to do some cleanup on it as a project. Since Paulson has something to do with scouts maybe they still do the merit badges. COMMITTEE MEMBER PAULSON slated the scouts are required to do community service so we are always looking for opportunities to do community service. Given the amount of funding they have asked for this year from various programs and organizations, they need the community service to become visible to get recognized for their efforts. The Boy Scouts can be asked to assist in something like this. April 26, 2016 Page 1 of 5 Parks and Recreation Minutes Parks and Recreation Committee Regular Meeting Minutes ofAp... Page 203 of 207 AGENDA ITEM #17.A.1. Tom Quass said the borough can restrict access to borough land. Besides signage, we could block it so you can't park on it. We are allowed to block access only but it can't be In the right of way so it has to be back in a little bit. He makes a lot of rounds out there to see who is shooting, and the Stale Troopers stop to talk to people also. He is working with KMXT on a new announcement about shooting. Quass thinks KISA is still waiting to get their plan together. COMMITTEE MEMBER PAULSON said he will miss the next meeting due to being off Island but he'll be back for the June meeting. He thinks the scouts could do cleanup soon, within the next month and a half. Discussion of closure of range and the bandit range. COMMITTEE MEMBER MILLSTEIN said in terms of this board, can we say that COMMITTEE MEMBER PAULSON will coordinate with Quass, and Quass will coordinate with Duane Dvorak. CHAIR SALTONSTALL said he thinks we can move on and leave this item on the agenda. COMMITTEE MEMBER MILLSTEIN said what Is good about having the Boy Scouts involved is that we may be able to entice other volunteers to come along just because they are supporting the Boy Scout project. It may be possible that someone would donate a couple of hours of backhoe work if it's required or a truck load or something like that. Because it's a Boy Scout project even though It's a borough project, that may be available. COMMITTEE MEMBER PAULSON left the meeting at 7:16 p.m. B) Termination Point (Placeholder) Nothing to report. C) Battery Trail Improvements (Placeholder) Quass said we're still in the planning phase. D) Island Lake Trail Improvements (Placeholder) Quass said Island Lake has to be completed by June 301°. Schroeder is replacing beams on bridge #1. E) Killarney Hills (Placeholder) Quass said there is nothing new. COMMITTEE MEMBER MILLSTEIN said he was talking with someone who's involved with KANA who said they are interested in affordable housing. They said there are grants available, matching funds, and different things. He found it interesting that KANA and potentially some of the other native corporations may be Interested in trying to develop properties or make properties available for this kind of thing. He didn't know if other people were aware of this or not. There may be opportunities for collaboration for partnership between the borough, city, native organizations, the powers that be to make something happen to make something available so we're not Flooded with homeless people when all of these apartments and trailer lots are no longer habitable. He will mention for them to get a hold of Duane Dvorak. Whatever the constraints are, working together is better than not. F) Spruce Cape Halo Pad Future Use EX -OFFICIO SCHMITT. who is also on the Lands Committee, stated we discussed at our last meeting, the halo pad is on this end. We didn't have enough information but thought there may be potential for two lots and maybe one down here. There's not enough for the middle section. Larry LeDoux, Assembly member on the Lands Committee, thought that is the only section along where you could put spotting scopes or a bench for whale watching or whatever, he would like the committee to think about that a little more. It was his recollection there was concern that the borough doesn't have any money to do anything with but the Rotary put the benches in at April 26, 2016 Page 2 of 5 Parks and Recreation Minutes Parks and Recreation Committee Regular Meeting Minutes ofAp... Page 204 of 207 AGENDA ITEM #17.A.1. Deadman's Curve and maybe the Rotary or Lion's Club could put some benches and spotting scopes In. They did want your input on if you thought that may be something that is worth considering. We may have more information at the next meeting. The Lands Committee is amenable to hearing from the committee. At last week's meeting, there's possibly two lots that can be put in. COMMITTEE MEMBER MILLSTEIN said if we want to consider it for anything we should get a map of the parcel to consider what space is available there, adequate parking, and space to set up anything that's worthwhile. The committee requested a more detailed map for the next meeting. CHAIR SALTONSTALL said maybe we should talk to the Audubon Society because of the birding at this location. NEW BUSINESS A) Iditarock ATV Race (AK DNR Allowed Uses) CHAIR SALTONSTALL said we talked about this at the Trail Summit. We have the rules and the main thing is that they don't need a permit unless there is fitly contestants or more. He doesn't know if there is much that the committee can do about it. COMMITTEE MEMBER MILLSTEIN said he doesn't think that it's our place because they are following the allowed uses. COMMITTEE MEMBER JOHNSON said someone would have to go to Leisnoi and make a stink about it to make them do something. They had to get permission from Leisnoi to cross their property, and It was Leisnoi that they made the promise to regarding repairing the trail. That was how they leveraged getting the permit from them. CHAIR SALTONSTALL said this area will be on our radar since the next area for TMO's is Sallery. B) Trails Summit Recap — Promulgate Summary for Completed TMO's (Pillar Mountain to Bells Flats Trails). CHAIR SALTONSTALL said basically, what we are doing is coming up with what is our general feeling of what do people want, and then brainstorm what we think is one project. We could say something like these trails In general are fairly rough and in fairly good condition. There's a couple of areas that the trails are In very bad condition at the beginning at the south end of Old Womans, the south end of Pillar, and he got the impression that there are problems on the switchback going down to Bells Flats. The two areas with the most problems right now are the south end of Pillar and the south end of Old Womans. There were also a couple of bridges and water issues on Burma Road. The general feeling we got was the public likes this Vail unless they see it being used but doesn't see any major fix its. COMMITTEE MEMBER MILLSTEIN said the things that could be fixed are out of our budget so for recreational use they are usable and adequate. There are no bridges left. Discussion of the trails. CHAIR SALTONSTALL asked the committee if we should come up with a statement that says we didn't see any major projects coming out of this, that the trail is in pretty good shape in general. COMMITTEE MEMBER MILLSTEIN said he would word It, given our resources we think this Is a usable trail and in fairly decent shape. Quass asked if CHAIR SALTONSTALL is making a recommendation for trail markers to be put on some of this. That Is a recommendation based on for these TMO's that we look Into. April 26, 2016 Page 3 of 5 Parks and Recreation Minutes Parks and Recreation Committee Regular Meeting Minutes ofAp... Page 205 of 207 AGENDA ITEM W.A.I. Discussion of signage, geo-fabric, and new trails being created. Quass said for these trails you want to see about getting signage put in. Was there any other maintenance Issues? You said when you get on at the base of the airport where you come up to get on the Burma switchback through there, he hasn't been on it for a while, he doesn't know how bad it is. COMMITTEE MEMBER MILLSTEIN said it's not so bad. The trail Isn't that good but it's fine if you're walking, and the road is fine if you are biking. CHAIR SALTONSTALL said he's thinking we could say: Most people felt this trail is actually in pretty good shape other than a few bridges and some bad areas at the one end of Pillar and at the end of Old Womans and there's some possible bridges but signage would be good. In general, trails are braided. COMMITTEE MEMBER MILLSTEIN said we could say a little about trail conditions in terms of rugged but stable trail conditions so we recommend signage at appropriate places. Can we recommend staff consult Andy Schroeder so they can come up with a half dozen places to put signs. CHAIR SALTONSTALL said we can just put signage would be nice. Can Quass draft our comments into one little statement and then we re -read it and say good. Quass will be off island between May 8w and 22n4. He should be back for the 240 so hopefully he can get It done before he leaves. Discussion of trails. C) Rocket Launch Discussion CHAIR SALTONSTALL said he heard rumors that Sullivan is going to try to take the land away and close it off for military purposes. Quass said they are making a third launch for medium size rockets. So far, they only have small rockets, now they want to go to medium and expand the defense program. CHAIR SALTONSTALL said access is our main concern. As a committee do we want to recommend to the borough to make sure as its going forward that access will be kept. They always said they would always keep access and we just want to make sure to hold everyone's feet to it. The recreation out there has a lot of value. COMMITTEE MEMBER MILLSTEIN stated we could say that we are concerned and our constituency is concerned that our access to these public lands remains public. COMMITTEE MEMBER LOST MOVED for CHAIR SALTONSTALL to write a letter recommendation to the borough addressing the public access and various uses as we have discussed to the Kodiak Island Borough Assembly about Narrow Cape. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Brief discussion COMMUNICATIONS A) May Planning and Zoning Public Hearing Items COMMITTEE MEMBER MILLSTEIN MOVED to accept communications. Brief discussion of Killarney Hills. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY April 26, 2016 Page 4 of 5 Parks and Recreation Minutes Parks and Recreation Committee Regular Meeting Minutes ofAp... Page 206 of 207 AGENDA ITEM W.A.1. REPORTS Meeting Schedule: • May 24, 2016 Parks & Recreation Committee regular meeting -7:00 p.m: KIB Conference Room • June 21, 2016 Parks 8 Recreation Committee regular meeting -7:00 p.m. -K113 Conference Room COMMITTEE MEMBER JOHNSON MOVED to accept reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS None COMMITTEE MEMBER'S COMMENTS Alan Schmitt said he's sorry he missed the Trail Summit but it looks like you had a decent turnout with a lot of good information. Patrick Saltonslall said he's been doing more Russian Ridge exploring. It's funny that he's exploring it after all the TMO's. The trail that goes down to Beaver Lake is awful. He really tikes the signs so he knows where he Is. ADJOURNMENT DIAK SLAND OR UGH PARK A D EC TION C MMITTEE By: atrick Saltonst it ATTEST: By: �� Sheila Smith, Secretary Community Development Department APPROVED: May 24, 2016 April 26, 2016 Page 5 of 5 Parks and Recreation Minutes Parks and Recreation Committee Regular Meeting Minutes ofAp... Page 207 of 207 Kodiak Island Borough Assembly Regular Meeting Guidelines June 16, 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 Richard Greene 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. Summary of Consent Agenda Items: WJE Regular Meeting Minutes of April 7 and April 21, 2016. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. APPROVAL OF MINUTES * Regular Meeting Minutes of April 7 and April 21, 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 7. AWARDS AND PRESENTATIONS A. Recognizing the Courageous Efforts of the FV Alaskan Crew, FV Norquist Crew, Icicle Seafoods Personnel, and the U.S. Coast Guard for Protecting the Well -Being of Others — Mayor Friend Accepting: Jay Stinson owner of th FN Alaskan Kodiak Island Borough Assembly Guidelines June 16, 2016 Page 1 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2016-01A Amending Ordinance No. FY2016-01, Fiscal Year 2016 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Recommended motion: Move to adopt Ordinance No. FY2016-01 A. 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. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Resolution No. FY2017-02 Reestablishing The Fees For The Kodiak Island Borough. The motion on the floor is to adopt Resolution No. FY2017-02. Staff Report — Manager Powers Recommended motion: Move to amend Resolution No. FY2017-02 by substitution. Assembly discussion. ROLL CALL VOTE ON MOTION TO AMEND. Assembly discussion. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. Kodiak Island Borough Assembly Guidelines June 16, 2016 Page 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2017-03 Discover Kodiak Destination Marketing And Tourism Development Services For FY2017. Recommended motion: Move to authorize the Manager to execute Contract No. FY2017-03 with Discover Kodiak for Destination Marketing and Tourism Development Services for fiscal year 2017 in the amount of $ Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions — None. C. Ordinances for Introduction 1. 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 (P7Z Case No. 16-017). Recommended motion: Move to adopt Ordinance No. FY2016-23 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION. 2. 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. Recommended motion: Move to adopt Ordinance No. FY2016-25 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines June 16, 2016 Page 3 3. 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. Recommended motion: Move to adopt Ordinance No. FY2016-24 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION. 4. 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). Recommended motion: Move to adopt Ordinance No. FY2016-26 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION D. Other Items — None. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. 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, June 30 at 6:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled for Thursday, July 7 at 6:30 p.m. in the Borough Assembly Chambers. The Borough Offices will be closed on Monday, July 4 in observance of the Fourth of July holiday. 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N a) roQ 'o -0 aro c c m m `m � X � N C O CD _ O N d CD Vl Q5 E O O N o Eu,Q 4 N L N m U E O -o E E ro y`o '' m Z a�- `o o c •u o 0 E E o D Q N N a) CD > m N 2 0 `o 0 aaui 'm KODIAK ISLAND BOROUGH Regular Meeting Regular Meeting of: ZO Please PRINT your name 0 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 June 16, 2016, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, July 7, 2016, At 6:30 P.M. In The Borough Assembly Chambers. RECOGNIZED By PROCLAMATION The Courageous Efforts Of The FV Alaskan Crew, FV Norquist Crew, Icicle Seafoods Personnel, And The U.S. Coast Guard Who Volunteered And Came To The Aid And Protected The Lives And Well-Being Of Their Fellow Men. ADOPTED Ordinance No. FY2016-01A Amending Ordinance No. FY2016-01, Fiscal Year 2016 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. AMENDED, ADOPTED Resolution No. FY2017-02 Reestablishing The Fees For The Kodiak Island Borough. AMENDED, AUTHORIZED The Manager To Execute Contract No. FY2017-03 With Discover Kodiak For Destination Marketing And Tourism Development Services For Fiscal Year 2017 In The Amount Of $95,000. ADVANCED 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) To Public Hearing At The Next Regular Meeting Of The Assembly. ADVANCED 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 To Public Hearing At The Next Regular Meeting Of The Assembly. ADVANCED 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 To Public Hearing At The Next Regular Meeting Of The Assembly. ADVANCED 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) To Public Hearing At The Next Regular Meeting Of The Assembly. Vol. FY2016, No. 30 June 17, 2016 Kodiak Island Borough Assembly Newsletter