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2017-08-03 Regular MeetingPage Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, August 3,2017,6:30 p.m., Assembly Chambers HE 0 millIWOWTAiIEel 91 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 May 18, 2017. Assembly Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS 8. COMMITTEE REPORTS 9. PUBLIC HEARING 14-39 A. Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products. Ordinance No. FY2018-04 Excise Tax Tobacco - Pdf Meeting broadcast he 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 e^e�r%w.l<cri��kaku�. www.facebook.com/Kodiakislandborough © @KodiakBorough Page 1 of 359 10. BOROUGH MANAGER'S REPORT fiiIIIIIIIIIIII &MR&T-0el4ni tlLiti: : • u _ • 12. UNFINISHED BUSINESS 40-61 A. Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month Output Document (AS - 0643) - Pdf 13. NEW BUSINESS A. Contracts B. Resolutions 62-71 1. Resolution No. FY2018-02A Amending Resolution No. FY2018-02 Schedule Of Fees Of The Kodiak Island Borough Output Document (AS - 0645) - Pdf 72-82 2. Resolution No. FY2018-08 Authorizing The Assessor To Assess The Spruce Cape Homes Low -Income HousingTax Credit (LIHTC) Project Based On Restricted Rents. Resolution No. FY2018-08 LIHTC Spruce Cape Homes and Backup - Pdf 83-108 3. Resolution No. FY2018-09 Requesting That The ' Legislature Repeal The Senior Citizens/Disabled Veteran's Property Tax Exemption (AS 29.45.030(9)), Excluding The Value From The Determination Under AS 14.17.510, Giving Control To Local Governments For Those Fiscal Decisions. Output Document (AS - 0667) - Pdf C. Ordinances for Introduction 109-211 1. Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (P&Z Case No. 17 - Meeting broadcast Re o\er 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 wwwfacebook.corn/Kodiakislancihnrnuah @KodiakBorough ww,.^eknricikak_ us Page 2 of 359 025). Ordinance No. FY2018-05 and Backup - Pdf 212-281 2. Ordinance No. FY2018-06 Rezoning Lot 1 A, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-026). Ordinance No. FY2018-06 and Backup - Pdf 282-330 3. Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District(P&Z Case No. 17-030). Ordinance No. FY2018-07 and Backup - Pdf D. Other Items 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 331 -351 1. Fire Protection Area No. 1 Board Regular Meeting Minutes Of April 18, 2017; Planning And Zoning Commission Regular Meeting Minutes Of May 17, 2017 And June 21, 2017; And Womens Bay Service Area Board Regular Meeting Minutes Of June 6, 2017. Minutes of Other Meetings B. Reports 352-359 1. June 2017 Projects Report June 2017 Projects Reports Meeting broadcast like o%mr 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.kodiak�kii, www.facebook.cpm/Kodiakislandborouah @KodiakBorough Page 3 of 359 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting May 18, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on May 18, 2017, 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 David Davis the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Deputy Clerk Laurie Pardoe and CDD Secretary III Sheila Smith. APPROVAL OF AGENDA AND CONSENT AGENDA LEDOUX moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES The regular meeting minutes of March 23, 2017 and May 4, 2017 and special meeting minutes of May 4, 2017 were approved under the consent agenda. CITIZENS' COMMENTS Beth Dunlop asked the Assembly to spend as much as feasibly possible on the school district. She expressed concern that budget cuts could impact programs, staff, classroom size, and student performance. She noted that quality schools help to attract professionals to the Kodiak community. Ian Whiddon spoke in opposition to a fish box tax and explained the difficulties it could pose for fish processors, charter operators, and the tourist industry. Chris Fiala spoke in opposition to a fish box tax. He elaborated on potential difficulties for his charter business and the effects on his customers and the overall growth of the charter industry in Kodiak. Chastity McCarthy spoke regarding the tourism fund. She encouraged the Assembly to continue funding tourism and keep the community diverse. She reported on the activities of the airport visitor's center, cruise lines, and conventions and their effects on bed tax revenue. She promised that the funds were being put to good use on vetted projects that were worth funding. �K,todiak Island Borough Assembly Regular MeetingMinutes "Regular Ivle ingTVlinOuttes Of May 18, 2017. Page 4 of 3590 AGENDA ITEM #5.A. Jacob Mock spoke as a resident of Fairbanks borough visiting Kodiak for a fishing trip. He spoke in opposition to a fish box tax, explained the expenses of his trip, and was unsure if he would choose an alternative destination for his next trip. John Abel spoke in opposition to a fish box tax and talked of the difficulties of running a charter boat in Kodiak. He was concerned about losing his clientele and the future of the tourist industry in Kodiak. Gary Salter spoke in opposition to a fish box tax and feared it would be a slow death for charter operators. He mentioned that changes in regulations and raised fees at the state level were already a concern for his business. He has lost thousands of dollars in cancelations from his customers already this year. Judi Kidder echoed the comments of the charter operators. She explained that the Kodiak Association of Charter Operators (KACO) promotes the charter and tourism industries while benefiting the community through programs that take local kids fishing. She asked the Assembly to support and promote the industry rather than tax it. Scott Arndt asked that the Resolution for school district and the Fee Resolution to go before public hearings next year. He spoke regarding changes he would like the Assembly to make to various fees on the resolution. AWARDS AND PRESENTATIONS Mayor Rohrer proclaimed May 21 Through May 27, 2017 as safe boating week urging everyone who boats to "Wear It" and practice safe boating habits. The proclamation was presented to Nicole Clark, Auxiliarist. COMMITTEE REPORTS Chief Rue reported that the Bayside Fire Department had received a grant from the forestry service which was used to purchase tools which were received and had already been put to good use. Assembly member Symmons asked Assembly member Van Daele to report on the Solid Waste Advisory Board (SWAB) meeting. Assembly member Van Daele had attended the SWAB meeting on Assembly member Symmons behalf. The three primary discussion items were plastic bags, glass, and a review of the annual Community Cleanup Day. A draft ordinance concerning plastic bags would be introduced for public comment at the next SWAB meeting. They discussed potential issues with developing a glass recycling facility which included a location to put the apparatus. Community Cleanup Day went very well despite rainy weather. He invited the public to attend the next SWAB meeting on June 5. tK�odiak I�sland Borough Assembly Regular Meeting eMinutes *Regular a ngTJlmuuttes Of May 18, 2017. Page of 3590 AGENDA ITEM #5.A. Assembly member Crow announced that the next Kodiak Fisheries Workgroup meeting would be held on June 21. PUBLIC HEARING Ordinance No. FY2017-15 Establishing A Long -Term Care Center Enterprise Fund. LEDOUX moved to adopt Ordinance No. FY2017-15. Both the hospital facility and the long-term care center revenues and expenses were accounted for within the same Hospital Facilities enterprise fund. This ordinance would make a separate enterprise fund for the long-term care center. This separation would increase the financial transparency of the different operations. Mayor Rohrer opened the public hearing. Seeing and hearing none, Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. 2. Ordinance No. FY2017-29 Amending Sections Of The Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal - In General To Address Certain Methods And Means Of Borough Land Disposal Process. SKINNER moved to adopt Ordinance No. FY2017-29. The Borough Lands Committee proposed expanding and clarifying existing code language in KIBC Title 18 Borough Real Property. The code sections addressed here would permit a competitive disposal process to solicit design proposals for borough owned land that is backed by private sector investment interest. This would have the benefit of allowing the community to get the kind of development that is needed or expressed in adopted comprehensive plan guidance without having to become its own developer. It would also reduce or eliminate the need for the borough to invest large sums of cash into a project that could take years to come to fruition. Mayor Rohrer opened the public hearing. Scott Arndt commented that the Lands Committee because they were repetitive of lines 54-56. He also 110 and change the number of days to 90 to 120 days Mayor Rohrer closed the public hearing. VAN DAELE moved to amend by deletion lines 59-61. proposed that lines 59-61 be deleted asked the Assembly to amend lines 109 - ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Skinner, Smiley, Symmons, Townsend, Van Daele, and Crow. VAN DAELE moved to amend by substituting "30 to 90 days" to "30 to 120 days' on line 109. Kodiak Island Borough Assembly Regular Meeting eMinutes 'Regular MengTVlinOutes Of May 18, 2017. Page 6 of 3590 AGENDA ITEM #5.A. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. 3. Ordinance No. FY2017-30 Amending Sections Of Kodiak Island Borough Code Title 18 Borough Real Property, Chapter 18.20 Real Property Disposal — In General, To Address Certain Payment And Notice Requirements. LEDOUX moved to adopt Ordinance No. FY2017-30. The Borough Lands Committee proposed to improve and streamline the borough land disposal process. In addition, they had endeavored to conform the language of KIBC 18.20, Real Property Disposal - In General, with the applicable language in KIBC 18.30, Sale of Borough Land. Mayor Rohrer opened the public hearing. Hearing and seeing none, he closed the public hearing. CROW moved to amend lines 64-81 with the following language: 8.20.140 Public notice. Notice of disposal of borough land by competitive bidding or proposals, or at public auction, shall be provided to achieve the best possible sale price or advantage for the Borough. At a minimum, each land sale shall be marketed and advertised via newspaper and radio announcements, the Kodiak Island Borough Web Site, and public postings for at least two consecutive (2) months prior to the sale. Additional notice may be given by any means determined to be reasonable by the manager or the assembly (including commercial real estate listings, "For Sale" signs and/or banners, flagging, and other high visibility advertising and markings at the property.) The written notice must include a brief description of the land, its size and general location, the proposed use, term, minimum offer, limitations, and special considerations, if any, and time and place set for the auction or bid opening. The land status file of the parcel shall be made available to any individual upon request. All prospective and interested parties shall be urged to personally examine the parcels prior to the sale. There shall be no representation or warranty concerning the condition of the property, the presence or absence of any environmental pollution, or the suitability of the property for any particular use. SKINNER moved to postpone Ordinance No. FY2017-30 to the August 17 regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. 4. Ordinance No. FY2017-31 Rezone Of U.S. Survey 672 From R1 -Single -Family Residential District To I -Industrial District (P&Z Case 17-017). Kodiak Island Borough Assembly Regular Meeting eMinutes 'Regular Me nglwin°uttes Of May 18, 2017. Page 7 of 359° AGENDA ITEM #5.A. SKINNER moved to adopt Ordinance No. FY2017-31. U.S. Survey 672 was the site of the Icicle Seafoods Inc. processing facility in Larsen Bay. The seafood processing use was established on the property in the early 1900s and predated the site's R1 -Single -Family Residential District zoning designation, which came by blanket Ordinance No. 77-19-0. The plant had been in continuous operation for over 100 years and had proven compatible with the character of the community and surrounding land uses. Thirty-six public hearing notices were mailed out on May 5, 2017 and none were returned. Mayor Rohrer opened the public hearing. Scott Arndt, P&ZC Chair, noted that this was the last few remote canneries. He recommended adoption of this ordinance. Mayor Rohrer closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. BOROUGH MANAGER'S REPORT Manager Powers briefly reported on the following: • Governor Walker calling a special session since the budget is not yet adopted • Meeting with people wanting to start businesses in Kodiak • Attended the Chamber of Commerce Board of Directors meeting • Hospital lease will be introduced on June 15 for adoption MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer announced the following: • May 22 from 10 to 3 p.m. will be the follow up meeting on the Opioids • In contact with Representative Stutes and her staff. They are planning to invite Legislators to visit Kodiak on August 20, 2017 UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions Resolution No. FY2018-01 Establishing The Amount Of Funds To Be Made Available From Local Sources For The Kodiak Island Borough School District For The Fiscal Year Beginning July 1, 2017 And Ending June 30, 2018 Kodiak Island Borough 'Regular Ivte ngTVlin0utes Of May 18, 2017. Assembly Regular Meeting Minutes Page 8 of 3590 AGENDA ITEM #5.A. SKINNER moved to adopt Resolution No. FY2018-01. LEDOUX declared a conflict of interest and recused himself from voting Per Borough Code, the Assembly should determine the total amount of money to be made available from local sources for school purposes and should furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.15.050 provided that by June 10 the Assembly should appropriate the amount to be made available from local sources for that purpose in the Borough budget. KIBC 3.35.060E provided that the property tax levy for school and municipal purposes should be separately made and fixed. KIBC 3.60.020 provided that all motor vehicle registration taxes would be allocated to the area wide school system. At an estimated mill rate of 6.95 mills the estimated property tax revenues for education will be $9,124,500 plus motor vehicle tax in the amount of $253,000 for a total allocation of $9,377,500. ROLL CALL VOTE ON MOTION CARRIED SIX TO ZERO: Van Daele, Crow, Skinner, Smiley, Symmons, and Townsend. 2. Resolution No. FY2018-02 Reestablishing The Fees For The Kodiak Island Borough SKINNER moved to adopt Resolution No. FY2018-02. SKINNER moved to postpone Resolution No. FY2018-02 to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend, and Van Daele. Ordinances for Introduction 1. Ordinance No. FY2018-01 Levying Taxes On All Taxable Real And Personal Property Within The Kodiak Island Borough For All The Expenses And Liabilities Of The Kodiak Island Borough For The Fiscal Year Commencing On The First Day Of July 2017 And Ending On The Thirtieth Day Of June 2018 (Fiscal Year 2018 Budget). SKINNER moved to adopt Ordinance No. FY2018-01 in first reading to advance to public hearing at the next regular meeting of the Assembly. SKINNER moved to amend Ordinance No. FY2018-01 to reflect the wishes of the Assembly to not raise the mill rate specifically on lines 42-46 as follows: A. Kodiak Island Borough General Fund 0.62 mills B. Education Support Fund 6.80 mills C. Debt Service Fund 2.03 mills D. Renewal and Replacement Fund 1.30 mills Kodiak Island Borough Assembly Regular Meeting eMinutes 'Regular Me ngiVlin0uttes Of May 18, 2017. Page o6f 3590 AGENDA ITEM #5.A. Total Area wide: 10.75 mills ROLL CALL VOTE ON MOTION TO AMEND CARRIED FIVE TO TWO: LeDoux, Skinner, Symmons, Townsend, and Crow (Ayes); Smiley and Van Daele (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Skinner, Smiley, Symmons, Townsend, Van Daele, Crow, and LeDoux. Other Items 1. Confirmation Of The Mayoral Appointments To The Kodiak Workforce Regional Advisory Council. SKINNER moved to confirm the mayoral appointments of Ms. Zawacki to the Human Resource Services seat and Mr. Plantz to the Business Management and IT seat on the Kodiak Workforce Regional Advisory Council for terms to expire December 2019. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons Townsend, Van Daele, Crow, LeDoux, and Skinner. CITIZENS' COMMENTS Judi Kidder, Jeff Stewart, and Scott Arndt commented on the budget. Michael Powers commented motor vehicle registration tax is allocated to school district and can be amended. Staff's recommendation is to do so. ASSEMBLY MEMBERS' COMMENTS Assembly member Symmons was thankful for comments presented by charter boat operators at the meeting. He urged people who do not attend Assembly meetings to call assembly members and share their ideas. Assembly member LeDoux expounded on the challenges of creating a tighter borough budget while considering a community that is hurting financially. He felt the public needed to know how hard the Assembly had worked to avoid a tax increase while balancing the services the community wanted and what they could actually pay for. Assembly member Crow thanked the charter operators for their informative comments concerning a fish box tax. He suggested that the SWAB could get contractors involved in glass recycling to keep it out of the landfill. He expressed interest in learning more about people who want to start businesses in Kodiak. He thanked the manager and finance director for their work in constructing the budget and appreciated that it was not easy task. He spoke concerning the resilience of Alaskans and his confidence that the community would pull through. Kodiak may need to find new revenue sources to withstand the financial surprises and fishery disasters. Kodiak Island Borough Assembly Regular Meeting eMinutes `Regular a ngT>lin°utes Of May 18, 2017. Page 70 of 359 AGENDA ITEM #S.A. Assembly member Skinner noted that the assembly had previously decided to pull the fish box tax proposal for fiscal year 2018. It was helpful to hear public comment from people who would be impacted by new tax or fee proposals. She would be interested to hear more from the charter operator group about how they think local government could support in their segment of the industry. She appreciated that the school district budget request took into consideration what borough could afford and she recognized that they worked hard to come up with the reduced number. She expressed gratitude to the public for attending or listening to the meeting on the radio. She requested an attorney opinion regarding borough authority to restrict or ban plastic bags within city limits. She also would like to inquire about the city's authority to opt out of such a ban. She stated that the Assembly worked hard to keep budget tight and keep the mill rate level. Due to debt reimbursement, she noted that the Assembly would likely need to increase the mill rate in 2019 unless circumstances change, costs shift, or services are reduced. Assembly member Smiley voiced concern about deferred maintenance issues and felt it was necessary to address them. He expressed concern that the community was hurting from taxation. He understood concerns expressed by the charter industry and that they were being hit from all sides. He noted that local government was also being hit due to the inaction of state and federal governments. He noted that local government does not have the option to put off paying their bills or pass them to a lower level of government. He had attended most of the school board budget sessions and was thrilled they were able to find ways to cut $900,000. He noted that the budget discussions had been painful but the Assembly understood their responsibility to pay the bills and to keep costs low for the community. He believed that the community would have to face a mill rate increase in 2019 due to more cuts from the state legislature. Assembly member Van Daele encouraged members of the public to reach out to the assembly and share their thoughts. He noted that the local newspaper had been doing a great job advertising the Assembly's contact information. He encouraged members of the public to call the Assembly members directly if they could not attend meetings. Assembly member Townsend remarked that there were a lot of comments on the budget. He thanked Manager Powers, Finance Director Cross, and staff for the amount of work they put into the budget. He noted that the assembly had worked hard to keep the mill rate level and had to make difficult choices. The Assembly is exploring ideas to increase revenue but is not necessarily ready to implement them. He expressed that it would benefit the mill rate if more people were to buy property and live in Kodiak. Announcements Mayor Rohrer announced that the next Assembly work session would be held on Thursday, May 25 at 6:30 p.m. followed by an Assembly special meeting at 9:30 p.m. in the borough conference room and the next Assembly regular meeting was scheduled for Thursday, June 1 at 6:30 p.m. in the borough assembly chambers. He announced the borough offices would be closed on Monday, May 29 in observance of Memorial Day. �Ktodiak Island Borough Assembly Regular Meeting Minutes Regular Me nglVlinOutes Of May 18, 2017. Page 9� of 3590 AGENDA ITEM #5.A. EXECUTIVE SESSION 1. Discussion Regarding a Settlement Agreement Proposed by the Alaska Occupational Safety and Health Division. Manager Powers stated that this executive session was no longer necessary. He suggested that the Assembly convene into executive session regarding Strategies In Negotiating The Hospital Lease first and convene the executive session regarding the University Of Alaska Fisheries Lease Of Apartments On Near Island last. 2. Strategies In Negotiating The Hospital Lease. LEDOUX moved to convene into executive session to discuss Strategies in Negotiating the Hospital Lease, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons Townsend, Van Daele, Crow, LeDoux, Skinner, and Smiley. LEDOUX moved to invite the Borough Mayor, Assembly members, Manager, Finance Director, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that no action is to be taken as a result of the executive session. 3. University Of Alaska Fisheries Lease Of Apartments On Near Island. SKINNER moved to convene into executive session to discuss University Of Alaska fisheries lease of apartments on Near Island, a subject matter that the immediate public knowledge of which would tend to affect adversely the finances of the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, Smiley, and Symmons. SKINNER moved to invite the Borough Mayor, Assembly members, Manager, Engineering and Facilities Director, and Clerk's Office Staff into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Rohrer recessed the regular meeting and convened the executive session. tK�odiak Island Borough Assembly Regular MeetingMinutes *Regular Me ngTVlinOutes Of May 18, 2017. Page T2 o A910 AGENDA ITEM #5.A. Upon returning from the executive session, Mayor Rohrer reconvened the regular meeting and announced that no action is to be taken as a result of the executive session and direction had been given to the manager on how to proceed with regards to a potential lease. ADJOURNMENT CROW moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting was adjourned at 9:10 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Regular Mia ng T/1muutes Of May 18, 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor Approved on: Assembly Regular Meeting Minutes Pgoe{31of 359 0 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 3, 2017 r ASSEMBLY REGULARMEETING .`Y . SUBJECT: Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products. ORIGINATOR: Bill Roberts RECOMMENDATION: Move to adopt Ordinance No. FY2018-04. DISCUSSION: Due to 2018 budget constraints and recent cuts in Federal and State funding, it has become necessary for the Borough to expand its tax base. After researching all possible options, a tax on cigarettes and other tobacco products is the most palpable option. The Borough will exercise its authority granted to it by Alaska Statutes AS29.35.010 to levy a tax. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 14 of 359 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #9.A. Introduced by: Borough Manager PROPOSED AMENDMENTS Drafted by: Assessing Director HIGHLIGHTED IN YELLOW Introduced on: 07/20/2017 Public Hearing Date: 08/03/2017 Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-04 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 3 REVENUE AND FINANCE TO ADD CHAPTER 3.80 EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS. WHEREAS, recent cuts in Federal and Stale funding has necessitated the need for the Kodiak Island Borough to expand its tax base; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 29.35.010 to levy a tax; and WHEREAS, of all possible options researched, a tax on cigarettes and other tobacco products is the most palpable. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Classification. This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Enactment. Title 3 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Chapter 3.80 EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS Sections: 3.80.010 Applicability, purpose and authority 3.80.020 Definitions 3.80.030 Excise tax on cigarettes and other tobacco products. 3.80.040 Exemptions. 3.80.050 License required for dealers in cigarettes or tobacco products; issuance. 3.80.060 Display of license; suspension or revocation by borough; surrender. 3.80.070 Refund of tax or license fee. 3.80.080 Tax returns. 3.80.090 Involuntary returns. 3.80.100 Amended returns. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bald, Blue, Underlined Ordinance No. FY2018-04 Page 1 of 12 Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 15 of 359 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 AGENDA ITEM #9.A. 3.80.110 Application of payments. 3.80.120 Prohibited acts and penalties. 3.80.130 Civil fraud. 3.80.140 Tax lien. 3.80.150 Interest on unpaid tax. 3.80.160 Taxpayer, licensee, or other person remedies. 3.80.170 Inspection and maintenance of documents and other records. 3.80.180 Administrative regulations. 3.80.190 Confidentiality of tax records. 3.80.010 Applicability, purpose and intent. A. Applicability. Unless otherwise expressly provided, this chapter shall apply areawide to all cigarettes and tobacco products brought into or acquired in the borough, including smokeless tobacco products and electronic cigarettes. B. Purpose and intent. It is the purpose and intent of this chapter to provide for the levy, collection and enforcement of the excise tax from the distributor who brings cigarettes or other tobacco products into the Borough. The excise tax is levied when a distributor brings, or causes to be brought, cigarettes or other tobacco products into the Borough from outside the Borough for sale. different meaning: A. "Borough" means the Kodiak Island Borough, Alaska. B. "Brought into or acquired" includes all manners, ways, and modes of bringing into or obtaining cigarettes or tobacco products in the borough. E. "Department" means the borough finance department. G. "Distributor' means a person who brings cigarettes or other tobacco products or causes them to be brought into the borough, and who sells or distributes them to others for resale in the borough. Kodiak Island Borough, Alaska Ordinance No.FY2018-04 Deletion — Red, Strikeout Page 2 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 16 of 359 AGENDA ITEM #9.A. 96 H. 'Inventory count' means the effective date and details of a count by description 97 including the trade name and brand, purchase price and total quantity on hand of all 98 cigarettes and other tobacco products. Detail must be subtotaled and distinguished 99 between cigarettes and other tobacco products which are taxable and cigarettes and 100 other tobacco products which were acquired exempt of the borough excise tax under 101 this chapter. 102 103 I. "Licensee" means a person licensed under this chapter. 104 105 J. "Manufacturer" means a person who makes, fashions or produces cigarettes or other 106 tobacco products for sale to distributors or other persons within the borough. 107 108 K. "Other tobacco products" means: 109 110 1. A cigar: 111 112 2. A cheroot; 113 114 3. A stogie; 115 116 4. A perique; 117 118 5. Snuff and snuff flour; 119 120 6. Smoking tobacco, including granulated plug -cut crimp -cut and ready -rubbed 121 tobacco, and any form of tobacco suitable for smoking in a pipe or cigarette; 122 123 7. Chewing tobacco, including cavendish twist plug, or scrap tobacco and tobacco 124 suitable for chewing; 125 126 8. An article or product made of tobacco or a tobacco substitute, but not including a 127 cigarette as defined in this section or a tobacco substitute prescribed by a licensed 128 physician; or 129 130 9. Any F1ARGnFAh'_,AtehIA dAvOG8 that MMYWAR 2 VaP0f-QT-RqMW nicotine product that is 131 used Ina vaporization device such of -any 132 ineludia d as e -cigarettes e -cigars, a -pipes of— mdeF any other 133 product name used to provide nicotine vapors. The vaporization device is not subiect to 134 this tax if it is not sold packaged together with a nicotine product 135 136 L. 'Person" includes an individual, company, partnership Joint venture, joint agreement. 137 association (mutual or otherwise), corporation, estate, trust business trust receiver or 138 trustee, syndicate, or political subdivision of this state, or combination acting as a unit. 139 including individuals who are employees or officers of any of the such entities who are 140 under a duty to perform an act concerning which a violation of this chapter could occur. 141 It is the intent of this chapter that such persons be personally liable for unremitted taxes 142 143 M. 'Place of business" means a place where cigarettes or other tobacco products are 144 sold, or where they are brought or kept for the purpose of sale or consumption, including 145 a vessel, vehicle, airplane or train. 146 147 N. 'Purchase" means the acquisition of ownership or possession of cigarettes or other 148 tobacco products from any source. Kodiak Island Borough, Alaska Ordinance No.FY2018-04 Deletion — Red, Strikeout Page 3 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 17 of 359 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 AGENDA ITEM O.A. P. "Retail" means a sale to a consumer or to any person for any purpose other than for resale. O. "Retailer' means a person in the borough who is engaged in the business of selling cigarettes or other tobacco products at retail. R. "Sale" includes a sale, barter, exchange and every other manner of transferring the ownership of personal property. S. "Tax" means the cigarette and other tobacco products excise tax assessed pursuant to this chapter. T. "Tax return" means the quarterly report to be submitted to the department as required by this chapter. 3.80.030 Excise tax on cigarettes and tobacco products A. Excise tax on cigarettes. The borough hereby levies an excise tax of $0,48 $0.05 on each cigarette brought Into the borough for distribution or sale in the borough beginning on September 1. 2017. Cigarettes upon which the tax is imposed are not again subject to the tax when acquired by another person. B. Excise tax on other tobacco products. The borough hereby levies an excise tax on other tobacco products at the rate of 45 percent of the wholesale price of tobacco products brought into the Borough for distribution or sale in the borough after September 1, 2017. 3.80.040 Exemptions. The tax imposed under this chapter does not apply to: A. Cigarettes and other tobacco products if the United States Constitution or other federal laws prohibit the levying of this tax on such products within the borough. 3.80.050 License required for dealers in cigarettes or tobacco products; issuance. Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 4 of 12 Insertion—Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 18 of 359 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 977 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 AGENDA ITEM #9.A. 1. The applicant's name and address; 2. The name under which the cigarette or tobacco products business will be conducted; 3. The applicant's cigarette or tobacco products business categories as a manufacturer, distributor, direct -buying retailer, vending machine operator or buyer: 4. In the case of a vending machine operator, the number of vending machines which will be operated: and 5. Other information required by the department's application form. D. Other licensing requirements. A license required by this chapter is in addition to any other license required by law. E. Contents of license. A license issued under this chapter shall include: 1. The name and address of the licensee: 2. The type of business to be conducted: 3. The address at which the business is conducted; and 4. The years for which the license is issued. F. Application fee. Each application for a license under this section must be accompanied by a license fee in the amount of $100.00. unexpired term. Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 5 of 12 Insertion—Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 19 of 359 AGENDA ITEM #9.A. 253 254 H. Transfer of license. A license issued under this chapter is not assignable or 255 transferable. However, in the case of death, bankruptcy, receivership on incompetency of 256 the licensee, or if the business of the licensee is transferred to another person by 257 operation of law, the department may in its discretion extend the license for a limited 258 time to the executor, administrator, trustee or receiver, or the transferee of the licensee 259 260 3.80.060 Display of license; suspension or revocation by borough; surrender. 261 A. A license issued under this chapter must be prominently displayed at the licensee's 262 place of business. 263 264 B. The department may suspend or revoke a license issued under this chapter: 265 266 1. For violation of this chapter or a regulation of the borough adopted pursuant to this 267 chapter: or 268 269 2. If a licensee ceases to act in the capacity for which the license was issued. 270 271 C. A licensee shall surrender a license to the borough within ten days after: 272 273 1. A revocation of a license; 274 275 2. A cessation of business; 276 277 3. A change of ownership of; or 278 279 4. A change of a place of business. 280 281 D. No person whose license is suspended or revoked shall sell cigarettes or tobacco 282 products or permit cigarettes or tobacco products to be sold during the period of the 283 suspension or revocation on the premises occupied or controlled by that person. No 284 disciplinary proceeding or action is barred or abated by the expiration, transfer. 285 _surrender, renewal or extension of a license issued under this chapter. 286 287 3.80.070 Refund of tax or license fee. 288 A. The department shall not refund the license fee paid pursuant to this chapter upon 289 the surrender or revocation of a license after the beginning of the license year. Upon 290 application, the department will refund a license fee that is paid or collected in error. 291 292 B. If a remittance by a licensee exceeds the amount due, and the department, on audit of 293 the account in question, is satisfied that this is the case, the department shall, upon 294 written request of the licensee, refund the excess to the licensee without interest. 295 296 C. Any claim for refund filed more than one year after the due date of the tax is forever 297 barred. 298 299 3.80.080 Tax returns. 300 A. Each year, on or before the last day of the calendar month immediately following 301 March 31, June 30, September 30 and December 31, all licensees shall submit to the 302 department a tax return, upon forms provided by the department, and submit payment 303 for the taxes due. 304 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 6 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 20 of 359 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 AGENDA ITEM #9.A. 1. The return shall be signed under penalty of penury by the licensee or his agent and must include: a. The name and address of the licensee: b. The name and address of the person filing the return, if different from the licensee: c. The number of the license issued under this chapter: d. The name under which the cigarette or tobacco business is being conducted: e. The number of cigarettes manufactured, brought into or acquired in the borough during the preceding month from any source whatsoever: f. The wholesale price of all tobacco products brought into or acquired in the borough during the preceding month from any source whatsoever: h. The number of cigarettes brought into or acquired in the borough from each person named in subsection (A)(1)(g) of this section: i. Deductions claimed for the number of cigarettes and the wholesale price of other tobacco products for which exemptions are claimed under this chapter; I. Such other information and supporting documentation as may be required by the department to be included with the return. D. The taxes imposed under this chapter and the return required by this section must be received by the department or postmarked on or before the date the return becomes due. 03.80.090 Involuntary returns. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 7 of 12 Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 21 of 359 AGENDA ITEM O.A. 357 If a licensee fails to file a return as required by this chapter, or when the department finds 358 that a return is not supported by the records to be maintained pursuant to this chapter, 359 the department may prepare and file a return on behalf of the licensee. Involuntary 360 returns filed under this section may be premised upon any information that is available 361 to the department, including, among other things, comparative data for similar 362 businesses. A licensee for whom an involuntary return is filed under this section shall be 363 subject to liability for the tax stated in the return, as well as subject to the penalties and 364 interest_ provided for in this chapter. A return prepared by the department is, prima facie, 365 good and sufficient for all legal purposes. However, nothing prevents the licensee from 366 presenting evidence in an appeal to rebut the presumed sufficiency of a return prepared 367 by the department, nor does the presumption of sufficiency alter the parties' respective 368 burdens of proof once the licensee has presented evidence to rebut that presumption. 369 370 03.80.100 Amended returns. 371 A_ Any tax return filed hereunder may be amended by the licensee within one year after 372 the due date of the tax return being amended. No amendment by the licensee shall be 373 allowed after this one-year period. 374 375 B Any tax return prepared and filed by the department on behalf of the licensee may be 376 amended _by the licensee within one year of the date filed by the department. No 377 amendment by the licensee shall be allowed after this one-year period. 378 379 03.80.110 Application of payments. 380 Any payment submitted to the finance director for any taxes, penalties, interest, or cost 381 due under any provision of this chapter or any return or any finding or determination by 382 the finance director under this chapter shall be credited to the quarterly tax payment for 383 which it was remitted, first to the payment of costs and then to penalties, interest. and 384 taxes due, in that order. 385 386 03.80.120 Prohibited acts and penalties. 387 A. Unless done in compliance with the provisions of this chapter, no person may: 388 389 1. Import cigarettes or other tobacco products into the borough; 390 391 2. Sell, transfer or acquire cigarettes or other tobacco products in the borough: or 392 393 3. Participate In the importation into the borough or in the sale, transfer or acquisition 394 within the borough of cigarettes or other tobacco products. 395 396 B. A penalty of ten percent (10%) of the taxes due shall be incurred automatically when a 397 person fails to pay the full amount of the tax due under this chapter within seven 398 calendar days following its due date. An additional penalty of ten percent (10%) of the 399 taxes due shall be incurred automatically when a person fails to file a tax return or report 400 within seven calendar days following its due date under this chapter. If a person fails to 401 pay the full amount of the tax due and/or file a tax return or report required under this 402 chapter within sixteen calendar days after its due date, the six percent penalties incurred 403 above shall be increased automatically to fifteen percent. The penalty shall be computed 404 on the unpaid balance of the tax liability as determined by the department. 405 406 1. Notice of the penalties incurred and to be incurred shall be given to the person 407 responsible for payment of the taxes or for filing the return or report when such tax 408 payment or return or report is delinquent for seven calendar days after its due date. 409 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 8 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 22 of 359 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 AGENDA ITEM #9.A. 2. The penalties provided for in this section shall be in addition to all other penalties and interest provided for under this chapter. D. All penalties and remedies enumerated in this chapter are cumulative. 3.80.130 Civil fraud. A. A civil fraud penalty may be assessed against a person in addition to a penalty for failure to file or failure to pay. D. To establish civil fraud, the department must prove by clear and convincing evidence that: 1. the tax liability was understated: and 2. the understatement was the result of an intent to evade tax. E. An intent to evade tax may be demonstrated by any relevant evidence, including but not limited to the following: 1. the person has provided false explanations regarding understated or omitted acquisitions of cigarettes or tobacco products: 2. the person has provided falsified or incomplete source documents: 3._ the person has not justified an omission or understatement of a significant amount of acquisitions of cigarettes or tobacco products: or 4. the person has substantially overstated a deduction and has failed to justify the overstatement. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 9 of 12 Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 23 of 359 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 AGENDA ITEM #9.A. borough upon all property and rights to property, real or personal, belonging to that person. B. The lien imposed by this section arises upon delinquency and continues until the amount is paid or a judgment against the person arising out of the liability is satisfied. C. A lien arising out of a tax due under this chapter, including the penalties and interest on the tax, is, subject to A.S. 29.45.300, a lien prior, paramount, and superior to all other liens, mortgages, hypothecation, conveyances, and assignments, upon all real and Personal property of the person liable for the tax and upon all the real and personal propertV used with the permission of the owner to carry on the business which is subject to the tax. D. The lien on personal and real property may be enforced as provided in A.S. 29.45.300 — 29.45.480 for enforcement of real and person property tax liens. a written decision by the assembly, a person may appeal to the Superior Court of the Third Judicial District in accordance with the Alaska Appellate Court rules. The person shall be given access to the department's file in the matter for preparation of the appeal. B. A request for appeal is filed on the date it is personally delivered, or is delivered to the Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 10 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 24 of 359 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 AGENDA ITEM #9.A. pursue any collection remedies provided by law. Payment in full does not affect the person's right to a hearing. 3.80.170 Inspection and maintenance of documents and other records. A. Every person subiect to this chapter shall keep a complete and accurate record of all cigarettes and other tobacco products manufactured, purchased, sold brought into transported outside of, or acquired in the borough by such person. 1. Except in the case of a manufacturer, the records shall include a statement containing the name and address of the person from whom cigarettes or other tobacco products were purchased or acquired, the date of delivery, the quantity of cigarettes and other tobacco products, the trade name and brand, and the price paid for other tobacco products purchased. 2. Each invoice or other documentation of the sale of cigarettes or other tobacco products within the borough shall state whether the tax imposed under this chapter has been paid. 3. Persons subject to this chapter shall keep such other documents and records as the department prescribes. 4. All documents and records required by this section shall be preserved by persons subject to this chapter for three years. All records and documents required by this chapter to be kept or retained are subiect to inspection within the borough upon demand by the department. B. A licensee transferring or selling cigarettes or other tobacco products to a cardholder must keep a record of cigarettes and other tobacco products transferred or sold to such person, including the serial number of the exemption card. C. The borough finance director or other authorized designee may, during business hours, enter the business premises of a licensee or cardholder where cigarettes or other tobacco products are kept or stored, so far as it may be necessary for the purpose of examining such products and the related business records. 3.80.180 Administrative regulations. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 11 of 12 Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 25 of 359 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 AGENDA ITEM #9.A. The finance director may adopt policies and procedures providing for the application and interpretation of this chapter and provide forms for reporting and collecting the tax imposed herein. 3.80.190 Confidentiality of records. A. All tax returns, documents, records, and/or reports filed with the borough pursuant to this chapter and all data obtained from tax returns, documents, records, and/or reports are confidential as provided by KIBC 2.40.100 and may not be released for inspection by any person except the licensee, mayor, treasurer, borough attorney, or the assembly: provided, however, that such data may be released upon court order. B. It is the duty of the borough clerk to safely keep tax returns, documents, records, and/or reports and all data thereof secure from public and private inspection except as provided by this chapter. C. This section does not prohibit the borough from compiling and publishing statistical analysis concerning the data submitted: provided, that no identification of particular tax returns, documents, records, and/or reports is made. Nothing in this section shall be deemed to.. prohibit the internal auditor from examining the tax returns, documents, records, and/or reports: provided, that no information obtained from specific or identified tax returns shall be made available to persons other than those authorized to review them under subsection A of this section. Section 3: Severability. Should any portion of this ordinance or any application thereof to any person or circumstances is held invalid, the remainder of this ordinance and application as to any person or circumstances shall not be affected thereby. Section 4: Effective Date. This ordinance shall take effect September 1, 2017. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: 2017. ATTEST: Nova M. Javier, MMC, Clerk Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 12 of 12 Insertion—Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 26 of 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM O.A. Introduced by: Borough Manager Drafted by: Assessing Director Introduced on: 07/20/2017 Public Hearing Date: 08/03/2017 Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-04 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 3 REVENUE AND FINANCE TO ADD CHAPTER 3.80 EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS. WHEREAS, recent cuts in Federal and Slate funding has necessitated the need for the Kodiak Island Borough to expand its lax base; and WHEREAS, the Kodiak Island Borough wishes to exercise the authority granted to it by AS 29.35.010 to levy a tax; and WHEREAS, of all possible options researched, a lax on cigarettes and other tobacco products is the most palpable. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Classification. This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Enactment. Title 3 of the Kodiak Island Borough Code of Ordinances is amended to read as follows: Chapter 3.80 EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS Sections 3.80.010 Applicability, purpose and authority 3.80.020 Definitions 3.80.030 Excise tax on cigarettes and other tobacco products. 3.80.040 Exemptions. 3.80.050 License required for dealers in cigarettes or tobacco products: issuance. 3.80.060 Display of license: suspension or revocation by borough; surrender. 3.80.070 Refund of tax or license fee. 3.80.080 Tax returns. 3.80.090 Involuntary returns. 3.80.100 Amended returns. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 1 of 12 Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 27 of 359 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 AGENDA ITEM #9.A. 3.80.110 Application of payments. 3.80.120 Prohibited acts and penalties. 3.80.130 Civil fraud. 3.80.140 Tax lien. 3.80.150 Interest on unpaid tax. 3.80.160 Taxpayer, licensee, or other person remedies. 3.80.170 Inspection and maintenance of documents and other records. 3.80.180 Administrative regulations. 3.80.190 Confidentiality of tax records. 3.80.010 Applicability, purpose and intent. A. _Applicability. Unless otherwise expressly provided, this chapter shall apply areawide to all cigarettes and tobacco products brought into or acquired in the borough, including smokeless tobacco products and electronic cigarettes. B. Purpose and intent. It is the purpose and intent of this chapter to provide for the levy, collection and enforcement of the excise tax from the distributor who brings cigarettes or other tobacco products into the Borough. The excise tax is levied when a distributor brings, or causes to be brought, cigarettes or other tobacco products into the Borough from outside the Borough for sale. 3.80.020 Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. "Borough" means the Kodiak Island Borough, Alaska. B. "Brought into or acquired" includes all manners, ways, and modes of bringing into or obtaining cigarettes or tobacco products in the borough. E. "Department" means the borough finance department. F. "Direct -buying retailer" means a person who is engaged in the sale of the cigarettes or other tobacco products at retail in the borough, and who brings or causes them to be brought into the borough. G. "Distributor" means a person who brings cigarettes or other tobacco products or causes them to be brought into the borough, and who sells or distributes them to others for resale in the borough. Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 2 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 28 of 359 AGENDA ITEM #9.A. 96 H. "Inventory count' means the effective date and details of a count by description 97 including the trade name and brand, purchase price and total quantity on hand of all 98 cigarettes and other tobacco products. Detail must be subtotaled and distinguished 99 between cigarettes and other tobacco products which are taxable and cigarettes and 100 other tobacco products which were acquired exempt of the borough excise tax under 101 this chapter. 102 103 I. "Licensee" means a person licensed under this chanter. 104 105 J. "Manufacturer" means a person who makes, fashions or produces cigarettes or other 106 tobacco products for sale to distributors or other persons within the borough 107 108 K. "Other tobacco products" means: 109 110 1. A cigar; 111 112 2. A cheroot 113 114 3. A stogie; 115 116 4. A perique; 117 118 5. Snuff and snuff flour: 119 120 6. Smoking tobacco, including granulated, plug -cut crimp -cut and ready -rubbed 121 tobacco, and any form of tobacco suitable for smoking in a pipe or cigarette; 122 123 7. Chewing tobacco, including cavendish, twist, plug or scrap tobacco and tobacco 124 suitable for chewing: 125 126 8. An article or product made of tobacco or a tobacco substitute but not including a 127 cigarette as defined in this section or a tobacco substitute prescribed by a licensed 128 physician; or 129 130 9. Any noncombustible device that provides a vapor or liquid nicotine to the user or 131 relies on vaporization of any liquid or solid nicotine including devices manufactured as 132 e -cigarettes, e -cigars, a -pipes or under any other product name. 133 134 L. "Person" includes an individual, company partnership, joint venture, joint agreement 135 association (mutual or otherwise) corporation estate trust business trust receiver or 136 trustee, syndicate, or political subdivision of this state, or combination acting as a unit 137 including individuals who are employees or officers of any of the such entities who are 138 under a duty to perform an act concerning which a violation of this chapter could occur. 139 It is the intent of this chapter that such persons be personally liable for unremitted taxes 140 141 M. "Place of business" means a place where cigarettes or other tobacco products are 142 sold, or where they are brought or kept for the purpose of sale or consumption, including 143 avessel, vehicle, airplane or train. 144 145 N. `Purchase" means the acquisition of ownership or possession of cigarettes or other 146 tobacco products from any source. 147 Kodiak Island Borough, Alaska Ordinance No.FY2018-04 Deletion — Red, Strikeout Page 3 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 29 of 359 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 AGENDA ITEM #9.A. P. "Retail" means a sale to a consumer or to any person for any purpose other than for resale. Q. "Retailer" means a person in the borough who is engaged in the business of selling cigarettes or other tobacco products at retail. R. "Sale" includes a sale, barter, exchange and every, other manner of transferring the ownership Of personal property. S. "Tax" means the cigarette and other tobacco products excise tax assessed pursuant to this chapter T. 'Tax return" means the quarterly report to be submitted to the department as required by this chapter. 3.80.030 Excise tax on cigarettes and tobacco products. A. Excise tax on cigarettes. The borough herebv levies an excise tax of $0.10 on each cigarette brought into the borough for distribution or sale in the borough beginning on September 1. 2017. Cigarettes upon which the tax is Imposed are not anain subiect to the tax when acquired by another person 3.80.040 Exemptions. The tax imposed under this chapter does not apply to: A. Cigarettes and other tobacco products if the United States Constitution or other federal laws prohibit the levying of this tax on such products within the borough. Kodiak Island Borough, Alaska Ordinance No.FY2018-04 Deletion — Red, Strikeout Page 4 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 30 of 359 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 1) Y) 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 AGENDA ITEM #9.A. 1. The applicant's name and address: 2. The name under which the cigarette or tobacco products business will be conducted: 3. The applicant's cigarette or tobacco products business categories as a manufacturer, distributor, direct-buving retailer, vending machine operator or buyer; 4 In the case of a vending machine operator, the number of vending machines which will be operated: and 5. Other information required by the department's application form. D Other licensing requirements A license required by this chapter is in addition to any other license required by law. E. Contents of license. A license issued under this chapter shall include: 1. The name and address of the licensee: 2. The type of business to be conducted: 3. The address at which the business is conducted: and 4. The years for which the license is issued. F. Application fee. Each application for a license under this section must be accompanied by a license fee in the amount of $100.00. H. Transfer of license. A license issued under this chapter is not assignable or transferable. However, in the case of death bankruptcy receivership on incompetency of Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 5 of 12 Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 31 of 359 AGENDA ITEM O.A. 254 the licensee, or if the business of the licensee is transferred to another person by 255 operation of law, the department may in its discretion extend the license for a limited 256 time to the executor, administrator, trustee or receiver, or the transferee of the licensee 257 258 3.80.060 Display of license; suspension or revocation by borough: surrender. 259 A. A license issued under this chapter must be prominently displayed at the licensee's 260 place of business. 261 262 B. The department may suspend or revoke a license issued under this chapter: 263 264 1. For violation of this chapter or a regulation of the borough adopted pursuant to this 265 chapter; or 266 267 2. If a licensee ceases to act in the capacity for which the license was issued. 268 269 C. A licensee shall surrender a license to the borough within ten days after: 270 271 1. A revocation of a license: 272 273 2. A cessation of business; 274 275 3. A change of ownership of: or 276 277 4. A change of a place of business. 278 279 D. No person whose license is suspended or revoked shall sell cigarettes or tobacco 280 products or permit cigarettes or tobacco products to be sold during the period of the 281 suspension or revocation on the premises occupied or controlled by that person. No 282 disciplinary proceeding or action is barred or abated by the expiration, transfer. 283 surrender, renewal or extension of a license issued under this chapter. 284 285 3.80.070 Refund of tax or license fee. 286 A. The department shall not refund the license fee paid pursuant to this chapter upon 287 the surrender or revocation of a license after the beginning of the license year. Upon 288 application, the department will refund a license fee that is paid or collected in error. 289 290 B. If a remittance by a licensee exceeds the amount due, and the department, on audit of 291 the account in question, is satisfied that this is the case, the department shall, upon 292 written request of the licensee, refund the excess to the licensee without interest. 293 294 C. Any claim for refund filed more than one year after the due date of the tax is forever 295 barred. 296 297 3.80.080 Tax returns. 298 A. Each year, on or before the last day of the calendar month immediately following 299 March 31, June 30, September 30 and December 31, all licensees shall submit to the 300 department a tax return, upon forms provided by the department, and submit payment 301 for the taxes due. 302 303 1. The return shall be signed under penalty of perjury by the licensee or his agent and 304 must include: 305 306 a. The name and address of the licensee; Kodiak Island Borough, Alaska Ordinance No.FY2018-04 Deletion — Red, Strikeout Page 6 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 32 of 359 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 AGENDA ITEM O.A. b. The name and address of the person filing the return if different from the licensee; c. The number of the license issued under this chapter; d. The name under which the cigarette or tobacco business is being conducted; e. The number of cigarettes manufactured, brought into or acquired in the borough during the preceding month from anv source whatsoever; f. The wholesale price of all tobacco products brought into or acquired in the borough during the preceding month from any source whatsoever; h. The number of cigarettes brought into or acquired in the borough from each person named in subsection (A)(1)(g) of this section; I. Deductions claimed for the number of cigarettes and the wholesale price of other tobacco products for which exemptions are claimed under this chapter; I. Such other information and supporting documentation as may be required by the department to be included with the return. C. A tax return must be filed by a licensee even if there were no cigarettes or tobacco products manufactured. brought into or acquired in the borough during the precedinq month. D. The taxes imposed under this chapter and the return required by this section must be received by the department or postmarked on or before the date the return becomes due. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 7 of 12 Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 33 of 359 AGENDA ITEM #9.A. 360 businesses. A licensee for whom an involuntary return is filed under this section shall be 361 sub4eect to liability for the tax stated in the return, as well as subject to the penalties and 362 interest rovided for in this chapter. A return prepared by the department is, prima facie. 363 good and sufficient for all legal purposes. However, nothing prevents the licensee from 364 presenting evidence in an appeal to rebut the presumed sufficiency of a return prepared 365 by the department, nor does the presumption of sufficiency alter the parties' respective 366 burdens of proof once the licensee has presented evidence to rebut that presumption. 367 368 03.80.100 Amended returns. 369 A Any tax return filed hereunder may be amended by the licensee within one year after 370 the due date of the tax return being amended. No amendment by the licensee shall be 371 allowed after this one-year period. 372 373 B Any tax return prepared and filed by the department on behalf of the licensee may be 374 amended by the licensee within one year of the date filed by the department. No 375 _amendment by the licensee shall be allowed after this one-year period. 376 377 03.80.110 Application of payments. 378 Any payment submitted to the finance director for any taxes, penalties, interest, or cost 379 due under any provision of this chapter or any return or any finding or determination by 380 the finance director under this chapter shall be credited to the quarterly tax payment for 381 which it was remitted, first to the payment of costs and then to penalties, interest, and 382 taxes due, in that order. 383 384 03.80.120 Prohibited acts and penalties. 385 A. Unless done in compliance with the provisions of this chapter, no person may: 386 387 1. Import cigarettes or other tobacco products into the borough: 388 389 2. Sell, transfer or acquire cigarettes or other tobacco products in the borough; or 390 391 3. Participate in the importation into the borough or in the sale, transfer or acquisition 392 within the borough of cigarettes or other tobacco products. 393 394 B. A penalty of ten percent (10%) of the taxes due shall be incurred automatically when a 395 person fails to pay the full amount of the tax due under this chapter within seven 396 calendar days following its due date. An additional penalty of ten percent (10%) of the 397 taxes due shall be incurred automatically when a person fails to file a tax return or report 398 within seven calendar days following its due date under this chapter. If a person fails to 399 pay the full amount of the tax due and/or file a tax return or report required under this 400 chapter within sixteen calendar days after its due date, the six percent penalties incurred 401 above shall be increased automatically to fifteen percent. The penalty shall be computed 402 on the unpaid balance of the tax liability as determined by the department. 403 404 1. Notice of the penalties incurred and to be incurred shall be given to the person 405 responsible for payment of the taxes or for filing the return or report when such tax 406 payment or return or report is delinquent for seven calendar days after its due date. 407 408 2. The penalties provided for in this section shall be in addition to all other penalties and 409 interest provided for under this chapter. 410 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 8 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 34 of 359 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 AGENDA ITEM #9.A. D. All penalties and remedies enumerated in this chapter are cumulative. amount of the deficiency due. D. To establish civil fraud, the department must prove by clear and convincing evidence that: 1. the tax liability was understated: and 2. the understatement was the result of an intent to evade tax. E. An intent to evade tax may be demonstrated by any relevant evidence, including but not limited to the following: 1.the person has provided false explanations regarding understated or omitted acquisitions of cigarettes or tobacco products: 2. the person has provided falsified or incomplete source documents: 3. the person has not justified an omission or understatement of a significant amount of acquisitions of cigarettes or tobacco products: or 4. the person has substantially overstated a deduction and has failed to iustify the overstatement. person. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-04 Page 9 of 12 Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 35 of 359 AGENDA ITEM #9.A. 464 B. The lien imposed by this section arises upon delinquency and continues until the 465 amount is paid or a judgment against the person arising out of the liability is satisfied. 466 467 C. A lien arising out of a tax due under this chapter, including the penalties and interest 468 on the tax, is, subject to A.S. 29.45.300, a lien prior, paramount, and superior to all other 469 liens, mortgages, hypothecation, conveyances, and assignments, upon all real and 470 personal property of the person liable for the tax and upon all the real and personal 471 Property used with the permission of the owner to carry on the business which is subject 472 to the tax. 473 474 D. The lien on personal and real propertV may be enforced as provided in A.S. 29.45.300 475 — 29.45.480 for enforcement of real and person propertV tax liens. 476 477 3.80.150 Interest on unpaid tax. 478 In addition to any penalties imposed by this chapter, interest at the rate of twelve percent 479 (112%) per annum shall be charged on the unpaid balance of delinquent taxes. 480 481 3.80.160 Taxpayer, licensee, or other person remedies. 482 A. AnV person aggrieved bV anV action of the finance director in issuing, suspending, 483 revoking, or refusing to Issue any license under this chapter or in fixing the amount of 484 taxes, penalties, interest, or costs under this chapter may apply to the borough clerk and 485 request a hearing within 30 days from the date the finance director mails the notice of the 486 finance director action. Upon timely application under this subsection for a hearing, the 487 assembly shall hold a hearing to determine whether a correction is warranted. Hearings 488 before the assembly under this subsection may, at the option of the assembly. be 489 conducted by an administrative hearing officer designated by the assembly. The hearing 490 officer shall conduct the hearing and prepare findings and conclusions. These findings 491 and conclusions must be forwarded to the assemblV for adoption, resection, or 492 modification and issuance of a final order or decision by the assemblV. An application for 493 a hearing must notify the borough clerk of the specific action complained of and amount 494 of tax, interest, cost, or penalty contested and the reason it is contested. After receipt of 495 a written decision by the assemblV, a person may appeal to the Superior Court of the 496 Third Judicial District in accordance with the Alaska Appellate Court rules. The person 497 shall be given access to the department's file in the matter for preparation of the appeal. 498 499 B. A request for appeal is filed on the date it is personally delivered, or is delivered to the 500 borough clerk bV the United States Postal Service, the date of the postmark stamped on 501 the properly addressed cover in which the request is mailed. If the due date falls on 502 Saturday. Sunday, or a borough observed holiday, the due date is the next working day. 503 A current mailing address must be provided to the borough clerk with the request for 504 appeal, and any change in mailing address after the request for appeal is filed must be 505 reported to the borough clerk. 506 507 C. If the notice to the person pursuant to subsection A of this section shows an amount 508 due, the uncontested portion of the amount due must be paid within 30 days after the 509 date of the notice. If the uncontested amount is not paid within 30 days, collection action 510 will be taken on that amount even if the person has filed a request for appeal. Payment of 511 the total amount due may be made any time before the hearing. If the finance director has 512 reason to believe that collection of the total amount due might jeopardize bV delay. 513 immediate payment of the total amount will be demanded and the finance director may 514 pursue any collection remedies provided by law. Payment in full does not affect the 515 person's right to a hearing. 516 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 10 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 36 of 359 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 AGENDA ITEM #9.A. date scheduled for the hearing. 3.80.170 Inspection and maintenance of documents and other records. A. Every person subiect to this chapter shall keep a complete and accurate record of all cigarettes and other tobacco products manufactured, purchased, sold, brought into, transported outside of, or acquired in the borough by such person. 1. Except in the case of a manufacturer, the records shall include a statement containing the name and address of the person from whom cigarettes or other tobacco products were purchased or acquired, the date of delivery, the quantity of cigarettes and other tobacco products, the trade name and brand, and the price paid for other tobacco products purchased. 2. Each invoice or other documentation of the sale of cigarettes or other tobacco products within the borough shall state whether the tax imposed under this chapter has been paid. 3. Persons subiect to this chapter shall keep such other documents and records as the department prescribes. 4. All documents and records required by this section shall be preserved by persons subiect to this chapter for three years. All records and documents required by this chapter to be kept or retained are subiect to inspection within the borough upon demand by the department. B. A licensee transferring or selling cigarettes or other tobacco products to a cardholder must keep a record of cigarettes and other tobacco products transferred or sold to such person, including the serial number of the exemption card. C. The borough finance director or other authorized designee may, during business hours, enter the business premises of a licensee or cardholder where cigarettes or other tobacco products are kept or stored, so far as it may be necessary for the purpose of examining such products and the related business records. 3.80.180 Administrative regulations. The finance director may adopt policies and procedures providing for the application and interpretation of this chapter and provide forms for reporting and collecting the tax imposed herein. Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 11 of 12 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 37 of 359 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 AGENDA ITEM O.A. 3.80.190 Confidentiality of records. A. All tax returns, documents, records, and/or reports filed with the borough pursuant to this chapter and all data obtained from tax returns, documents, records, andlor reports are confidential as provided by KIBC 2.40.100 and may not be released for inspection by any person except the licensee, mayor, treasurer, borough attorney, or the assembly: provided, however, that such data may be released upon court order. B. It is the duty of the borough clerk to safely keep tax returns, documents, records, and/or reports and all data thereof secure from public and private inspection except as provided by this chapter. C. This section does not prohibit the borough from compiling and publishing statistical analysis concerning the data submitted; provided, that no identification of particular tax returns, documents, records, and/or reports is made. Nothing in this section shall be deemed_. to prohibit the internal auditor from examining the tax returns, documents, records, and/or reports; provided, that no information obtained from specific or identified tax returns shall be made available to persons other than those authorized to review them under subsection A of this section. Section 3: Severability. Should any portion of this ordinance or any application thereof to any person or circumstances is held invalid, the remainder of this ordinance and application as to any person or circumstances shall not be affected thereby. Section 4: Effective Date. This ordinance shall take effect September 1, 2017. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: 2017. ATTEST: Nova M. Javier, MMC, Clerk Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion — Red, Strikeout Page 12 of 12 Insertion— Bold, Blue, Underlined Version 1 Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 38 of 359 KODIAK ISLAND BOROUGH CIGARETTE AND TOBACCO PRODUCTS a " es EXCISE TAX LICENSE APPLICATION AGENDA ITEM #9.A. Return with Payment to: Kodiak Island Borough Finance Department 710 Mill Bay Road Kodiak, Alaska 99615 LICENSE YEAR JULY 1, 2017—JUNE 30, 2018 The license will be issued in the name of the applicant given below. All Borough cigarette or tobacco tax returns must be filed under the name of the licensee NAME UNDER WHO BUSINESS WILL BE CONDUCTED LICENSEE NUMBER NAME AND ADDRESS OF APPLICANT FEDERAL EIN OR SSN' CONTACT NAME TELEPHONE NUMBER FAX NUMBER PHYSICAL LOCATION IS) WHERE THE LICENSE 15 APPLICABLE TYPE OF BUSINESS ACTIVITY: A. BUYER B. DIRECT BUYER RETAILER C. DISTRUTOR/WHOLESALER D. MANUFACTURER E. VENDING MACHIN OPERATOR NUMBER OF VENDING MACHINES OPERATED F. RETAIL ONLY 'If your business hasn't been issued a federal employer identification number (EIN), please provide your social security number (SSN). The information is used by the KIB for idnetification purposes only. Indicate the source of your cigarette and tobacco product purchase LILtNbt rtt A $100.00 LICENSE FEE MUST ACCOMPANY THIS APPLICATION MAKE CHECKS PAYABLE TO: KODIAK ISLAND BOROUGH NOTE: A copy of your State of Alaska Cigarette and Tobacco Products License issued under AS 43.50.010 -.390 must accompany this DATE PRINT) Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And F... Page 39 of 359 AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 3, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month ORIGINATOR: Meagan Christiansen RECOMMENDATION: The motion is already on the floor which is to adopt Resolution No. FY2018-05. This resolution was postponed from the July 20, 2017 meeting. DISCUSSION: The Kodiak Island Borough imposes and collects a 911 surcharge from local telephone service providers. The surcharge is assessed on a monthly basis on each telephone line for the Kodiak road system. The surcharge is paid to the borough and the borough passes all of the fees to the City of Kodiak to operate and maintain the local enhanced 911 system. The surcharge has been $.75 per month per telephone line since 1995. The City has requested an increase in the surcharge from $.75 to $2.00. ALTERNATIVES: FISCAL IMPACT: $0 OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 40 of 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #12.A. Introduced by: Manager Powers Drafted by: Special Projects Support Introduced on: 07/20/2017 Postponed on: 08/03/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-05 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH CHANGING THE 911 SURCHARGE ON ALL LOCAL EXCHANGE ACCESS LINES IN THE AREA FROM SEVENTY-FIVE CENTS TO TWO DOLLARS PER MONTH WHEREAS, Alaska Statute 29.35.131(a) provides that a municipality may establish and impose a surcharge for enhanced 911 (E-911) telephone service; and WHEREAS, Kodiak Island Borough Resolution No. 95-45 established an E-911 system and imposed a 911 surcharge on all local exchange access lines in the area to be serviced by the system; and WHEREAS, Resolution No. 95-45 imposed a surcharge of seventy-five cents ($.75) per month per local exchange access line within the Borough; and WHEREAS, since 1997, the Kodiak Island Borough and the City of Kodiak have maintained an agreement in which the Kodiak Island Borough imposes and collects a 911 surcharge and pays the City of Kodiak all fees collected for operation and maintenance of the local E-911 system; and WHEREAS, the City of Kodiak has requested that the E-911 surcharge be increased from $.75 to $2.00 per month per line; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that effective September 1, 2017 the monthly 911 surcharge per telephone line imposed by the Kodiak Island Borough is increased from $.75 to $2.00. BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that all funds received from the surcharge shall continue to be used to reimburse the City of Kodiak for operation and maintenance of an E-911 system; and The assembly shall annually review the 911 surcharge to determine whether the current level of the surcharge is adequate, excessive or insufficient to meet anticipated enhanced 911 system needs. Kodiak Island Borough, Alaska Resolution No. FY2018-05 Page 1 of 2 Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 41 of 359 AGENDA ITEM #12.A. 46 47 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 48 THIS DAY OF .2017. 49 50 KODIAK ISLAND BOROUGH ATTEST: 51 52 53 54 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 55 56 VOTES: 57 Ayes: 58 Noes: 59 60 Kodiak Island Borough, Alaska Resolution No. FY2018-05 Page 2 of 2 Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 42 of 359 City of Kodiak KODIAK POLICE DEPARTMENT SUPPORT SERVICES LIEUTENANT Memorandum To: Ronda Wallace, Chief of Police From: Tim Putney, Lieutenant Date: February 6, 2017 Subject: Kodiak E-911 Surcharge Introduction: AGENDA ITEM #12.A. This memorandum was prepared for a joint work session between the Kodiak Island Borough and the City of Kodiak. The City is in the process of acquiring a modem E911 system that will be more expensive to operate because of advances in technology and impending FCC mandates. The current E911 surcharge is inadequate and does not include a collection of any surcharge from AT&T wireless customers. Kodiak is one of two areas in Alaska that only collect a surcharge of $0.75 per line. Below is the surcharge current list of what other areas in Alaska collect: Anchorage $2.00 per access line per month Bethel $2.00 per access line per month Cordova $2.00 per access line per month Delta Junction $2.00 per access line per month Eagle River $1.50 per access line per month Eielson $1.00 per access line per month Fairbanks $1.00 per access line per month Fort Wainwright $1.00 per access line per month Juneau $1.90 per access line per month Kenai $1.80 per access line per month Kodiak $0.75 per access line per month Mat -Su Borough $2.00 per access line per month Nome $2.00 per access line per month North Police $1.00 per access line per month Petersburg $2.00 per access line per month Sitka $1.48 per access line per month Valdez $0.75 per access line per month Wrangell $2.00 per access line per month ( from GCI.com) Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 43 of 359 AGENDA ITEM #12.A. The Kodiak Police Department (KPD) operates and maintains the only Public Safety Answering Point (PSAP) in the Kodiak Island Borough. In addition to the Kodiak Police Department and the Kodiak Fire Department, the Kodiak PSAP dispatches for both Bayside and Women's Bay Fire Departments. As jurisdiction dictates, the Kodiak PSAP may forward a 911 call to either the United States Coast Guard Military Police or the Alaska State Trooper dispatch center in Fairbanks, Alaska. In some instances the Kodiak PSAP will still offer support or coordinate with these agencies to send mutual aid, or dispatch the Kodiak Fire Department because they are the only ambulance service on the Kodiak road system. On an annual basis, the Kodiak PSAP handles an average of 24,000 phone calls, 5,000 walk-in complaints, and 6,000 911 calls. The Kodiak PSAP has relied on the Plant CML ECS -1000 to process 911 calls for over 20 years. This system is no longer manufactured or supported. We have not been able to update this call processing architecture for over 15 years, and the equipment falls short of meeting FCC mandates. The current system has limited Automatic Number Identification and Automatic Location Information (ANI/ALI) capabilities. (The ANI/ALI server is old and will need to be replaced when we update the other 911 equipment.) The current system could not be integrated into any Computer Aided Dispatching (CAD) software and has never supported any mapping ability. The City of Kodiak was awarded grant money ($381,472.09) in December 2015 to help update our E911 equipment. The City contacted a consultant who drafted two RFPs (Request for Proposals) in December 2016: one for replacing the E911 system and one for CAD and records management software (RMS). The City is currently waiting for vendors to respond (deadline is February 15, 2017). The total budget for both projects is $656,472.09 and we anticipate it will take a year from the date contracts are approved to complete. 911 in Kodiak: a Brief History: An article on the front page of the August 16, 1968, Kodiak Daily Mirror introduced Kodiak to one of the first 911 systems in the nation. The 911 system was operated by the police department. On December 7, 1995, the Kodiak Island Borough established an enhanced 911 system and imposed a 911 surcharge on local access lines through resolution 95-45. Beginning on January 1, 1996, a seventy-five cent (.075) surcharge was collected from all landlines with a 486 or 487 prefix. On August 8, 1997, the Kodiak Island Borough and the City of Kodiak entered into an agreement to reimburse the City for an E911 system. The City advanced the full cost of implementing a $175,000 911 system. The Borough was reporting approximately $5,200 a month as a result of the 911 surcharge implemented the year before. On September 20, 2004, the Kodiak Island Borough and the City of Kodiak entered into an agreement related to E911 operations and maintenance. The Borough was r 2 Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 44 of 359 AGENDA ITEM #12.A. reporting $5,600 a month from the 911 surcharge and had added the prefix 481. The City was still responsible for all maintenance and liability pertaining to the E911 system. Under Article 1 of this agreement, it was valid for 3 years and governed by the laws of the State of Alaska. The agreement specifies that the Borough will pay the City operating costs related to E911 on a bi-annual basis, and "remit to the City the full amount of upgrade and replacement expenses upon receipt of an invoice from the City documenting all expenses." The Kodiak Island Borough and City of Kodiak held a joint work session on April 28, 2009. One of the agenda items was to transfer E911 authority to the City of Kodiak for the Kodiak road system. The item doesn't appear to have been discussed. The Kodiak Island Borough's FY2017 budget indicates the monies collected from the E911 surcharge have been reduced to $2,900 a month ($34,800 annually). This is attributed to the prevalence of AT&T cellular customers in Kodiak. A 2014 financial report provided to the FCC from the State of Alaska shows Kodiak collects the E911 surcharge from ACS and GCI including their wireless customers. AS 29.35.131(i) specifics what the surcharge monies can be used for. Below are a few of the anticipated costs associated with the new system: The City has learned that annual service fees for a new ANI/ALI server will be $48,000 alone. The old one can't be updated. CAD only annual service and maintenance fees have been quoted at $30,000 New E911 annual service fees are unknown because the current system is not supported The City of Kodiak has operated, maintained, and when necessary upgraded an area - wide 911 system since 1968. The City is in the process of replacing the 911 system again; should the current system fail there is no support. The City anticipates implementing an IP -based Phase II E-911 system that will provide the community with a higher level of service. In addition, this system will allow the City to fulfill current and future mandates from the FCC. New features include the ability to integrate a CAD system with the E911 system and have better location information for people experiencing an emergency. What is Phase IIP Wireless Phase n coverage is available to cell phone users in areas where wireless carriers and local 911 centers have invested in technology enhancements to protect wireless milers in emergencies. Where Phase II coverage is available, the 911 dispatcher will see the wireless telephone's call back number and the location of the caller by latitude and longitude within a few hundred feet. This enhanced location technology is mandated by the Federal Communications Commission, and wireless companies are working to implement Phase H coverage gradually. (FCC website) Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 45 of 359 AGENDA ITEM #12.A. Future of 911 in Kodiak: The 911 Improvement Act of 2008 requires IP -enabled voice service providers to provide 911 service, but it allows for E911 surcharges to be collected to onset costs. A modem and robust IP infrastructure is needed at the PSAP for it to be able to send and receive all this data. A key element of this will be equipment and software to support VoIP communications. Internal routing of the emergency communications to the appropriate systems (i.e. text, picture and video data to the Computer-assisted dispatch system, and simultaneously to the communications recording system) will require modifications to the existing PSAP network equipment and software. Since some of the emergency communications data will have to be forwarded to field units such as police and fire vehicles, changes will be required to the software running on the terminals that receive the data, and on those that transmit the data. The NG911 (next generation 911) test plan requires that these new types of emergency communications (text, pictures, video) be recorded along with the voice communications that have traditionally been recorded. Most existing communications recorders are not capable of recording anything other than audio, and major changes may be required to bring these devices into NG911 compliance. This may require a significant investment on the part of the PSAP if the existing equipment cannot be modified to support the new requirements. There will also be significant operational impacts on the PSAP "call takers", dispatchers (those who dispatch emergency vehicles and personnel), and on their managers. Workloads are expected to increase, and significant new training will be required for those responsible for responding to these new communication types. Similar impacts on both public and private emergency response providers are also anticipated. Various features of NG911, including text -messaging and picture messaging, provide accessible features for those who cannot use a regular telephone. It is also considered as a long term replacement for the use of TDD/TTY devices for the deaf, currently in use with 911. TDD/TTY devices are considered legacy systems, and may be replaced by other real-time text technologies that transmit text as it is being typed. Relevant Alaska Statutes: AS 29.35.131: 911 surcharge. (a) A municipality may, by resolution or ordinance, elect to provide an enhanced 911 system at public safety answering points and may purchase or lease the enhanced 911 equipment or service required to establish or maintain an enhanced 911 system at public safety answering points from a local exchange telephone company or other Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 46 of 359 AGENDA ITEM #12.A. qualified vendor. The municipality may impose an enhanced 911 surcharge within the enhanced 911 service area. An enhanced 911 surcharge may not exceed $2 per month for each wireless telephone number and $2 per month for each local exchange access line for wireline telephones. The maximum surcharge amount of $2 provided for in this subsection may be increased above that level if the surcharge amount is approved by the voters of the enhanced 911 service area. The amount of surcharge imposed for each wireless telephone number must equal the amount imposed for each local exchange access line for a wireline telephone. An enhanced 911 service area may be all of a city, all of a unified municipality, or all or part of the area within a borough and may include the extraterritorial jurisdiction of a municipality in accordance with AS 29.35.020. AS 29.35.131 specifies that a local exchange telephone company or wireless telephone company providing service in a municipality that has imposed an enhanced 911 surcharge shall bill each month and collect the surcharge from customers in the enhanced 911 service area. A local exchange telephone company or wireless telephone company that has collected the enhanced 911 surcharge shall remit the amounts collected to the municipality no later than 60 days after the end of the month in which the amount was collected. From each remittance made in a timely manner under this subsection, the telephone company is entitled to deduct and retain the greater of one percent of the collected amount or $150 as the cost of administration for collecting the enhanced 911 surcharge. In addition, a wireless telephone company is entitled to full recovery of the recurring and nonrecurring costs associated with implementation and operation of Phase I E911 service as allowed under Federal Communications Commission proceedings entitled "Revision of the Commission's Rules to Ensure Compatibility with Enhanced 9-1-1 Emergency Calling Systems". AS 29.35.131 (i) specifies that revenues collected may be used for costs directly attributable to the establishment, maintenance, and operation of an E911 system: (1) the acquisition, implementation, and maintenance of public safety answering point equipment and 911 service features; (2) the acquisition, installation, and maintenance of other equipment, including call answering equipment, call transfer equipment, automatic number identification controllers and displays, automatic location identification controllers and displays, station instruments, 911 telecommunications systems, teleprinters, logging recorders, instant playback recorders, telephone devices for the deaf, public safety answering point backup power systems, consoles, automatic call distributors, and hardware and software interfaces for computer-aided dispatch systems; (3) the salaries and associated expenses for 911 call takers for that portion of time spent taking and transferring 911 calls; Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 47 of 359 AGENDA ITEM #12.A. (4) training costs for public safety answering point call takers in the proper methods and techniques used in taking and transferring 911 calls; (5) expenses required to develop and maintain all information necessary to properly inform call takers as to location address, type of emergency, and other information directly relevant to the 911 call -taking and transferring function, including automatic location identification and automatic number identification databases." 0) If a city in an enhanced 911 service area established by a borough incurs costs described under (i) of this section for the enhanced 911 system, before the borough may use revenue from an enhanced 911 surcharge, the borough and city must execute an agreement addressing the duties and responsibilities of each for the enhanced 911 system and establishing priorities for the use of the surcharge revenue. If the Department of Public Safety also provides services as part of the enhanced 911 system or uses the enhanced 911 system in that enhanced 911 service area, the department must be a party to the agreement. (k) For purposes of (i) of this section, 'ball taker' means a person employed in a primary or secondary answering point whose duties include the initial answering of 911 or enhanced 911 calls and routing the calls to the agency or dispatch center responsible for dispatching appropriate emergency services and a person in a primary or secondary answering point whose duties include receiving a 911 or enhanced 911 call either directly or routed from another answering point and dispatching appropriate emergency services in response to the call; the term 'ball taker' is synonymous with the term "dispatcher" in that it is inclusive of the functions of both answering the 911 or enhanced 911 calls and dispatching emergency services in response to the calls. Conclusion The City needs to receive more money from the E911 surcharge to operate a modem and reliable E911 system. A combination of raising the surcharge amount and collecting the surcharge from AT&T customers should be explored. Without AT&T customers, raising the surcharge to $2.00 per line per month may not cover the expenses; however, adding AT&T and raising the E911 surcharge slightly might cover the expenses. (In 2014 Sitka collected $85,245.20 in E911 surcharges from AT&T customers, and Ketchikan collected $184,804.28 in E911 surcharges from AT&T customers.) Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 48 of 359 Mr. Michael Powers Kodiak Island Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 RE: Request for E911 Surcharge Increase AGENDA ITEM #12.A. Office of the 710 Mill Bay Road, Room 115, VIA ELECTRONIC DELIVERY Dear Mr. Powers: This letter follows discussions City staff has held with the Kodiak Island Borough Assembly requesting an increase in the E911 telephone surcharge rate. The Kodiak Police Department (KPD) operates and maintains the only Public Safety Answering Point (PSAP) in the Kodiak Island Borough. In addition to the Kodiak Police Department and the Kodiak Fire Department, the Kodiak PSAP dispatches for both Bayside and Women's Bay Fire Departments. As jurisdiction dictates, the Kodiak PSAP may forward a 911 call to either the United States Coast Guard Military Police or the Alaska State Trooper dispatch center in Fairbanks, Alaska. In some instances the Kodiak PSAP will still offer support or coordinate with these agencies to send mutual aid, or dispatch the Kodiak Fire Department because they are the only ambulance service on the Kodiak road system. On an annual basis, the Kodiak PSAP handles an average of 24,000 phone calls, 5,000 walk-in complaints, and 6,000 911 calls. AS 2935.131: 911 surcharge, (a) A municipality may, by resolution or ordinance, elect to provide an enhanced 911 system at public safety answering points and may purchase or lease the enhanced 911 equipment or service required to establish or maintain an enhanced 911 system at public safety answering points from a local exchange telephone company or other qualified vendor. The municipality may impose an enhanced 911 surcharge within the enhanced 911 service area. An enhanced 911 surcharge may not exceed $2 per month for each wireless telephone number and $2 per month for each local exchange access line for wire line telephones. On August 8, 1997, the Kodiak Island Borough and the City of Kodiak entered into an agreement to reimburse the City for an E911 system. I have not seen this agreement however it would be time to update such an agreement to include all of the local prefix and cellular lines. Thank you for your consideration to increase the E911 surcharge from $0.75 to $2.00 per line. Sincerely, CITY OF KODIAK `lLq� 61,tY- Mike Tvenge City Manager Telephone (907) 486-86401 Fax (907) 486-8600 mtvenge@city.kodiak.ak.us Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 49 of 359 AGENDA ITEM #12.A. As of 7/21/2017 KODIAK ISLAND BOROUGH E-911 SURCHARGE Fiscal Total Access Total Surcharge Less Collection Year Month Lines Billed I (Net)@.75/line " Admin Allowance Total Surcharge Revenue Jul -15 3901 $ 2,925.75 $ 300.00 $ 2,625.75 Aug -15 3860 $ 2,895.00 $ 300.00 $ 2,595.00 Sep -15 3845 $ 2,883.75 $ 300.00 $ 2,583.75 Oct -15 3858 $ 2,893.50 $ 300.00 $ 2,593.50 Nov -15 3831 $ 2,873.25 $ 300.00 $ 2,573.25 Dec -15 3790 $ 2,842.50 $ 300.00 $ 2,542.50 FY16 Jan -16 3765 $ 2,823.92 $ 300.00 $ 2,523.92 Feb -16 3739 $ 2,804.34 $ 300.00 $ 2,504.34 Mar -16 3703 $ 2,777.25 $ 300.00 $ 2,477.25 Apr -16 3705 $ 2,778.75 $ 300.00 $ 2,478.75 May -16 3668 $ 2,751.00 $ 300.00 $ 2,451.00 Jun -16 3662 $ 2,767.50 $ 300.00 $ 2,467.50 Monthly Average Lines Billed 3777 Total Revenue FY16 $ 30,416.51 KIB Insurance Costs $ (98.49) KIB Admin Costs $ (1,500.00) Total Paid to COK $ 28,818.02 Jul -16 3644 $ 2,733.00 $ 300.00 $ 2,433.00 Aug -16 3614 $ 2,710.50 $ 300.00 $ 2,410.50 Sep -16 3585 $ 2,688.75 $ 300.00 $ 2,388.75 Oct -16 3585 $ 2,688.44 $ 300.00 $ 2,388.44 Nov -16 3577 $ 2,682.75 $ 300.00 $ 2,382.75 Dec -16 3574 $ 2,680.50 $ 300.00 $ 2,380.50 FY17 Jan -17 3573 $ 2,679.75 $ 300.00 $ 2,379.75 Feb -17 3582 $ 2,686 50 $ 300.00 $ 2,386.50 Mar -17 3487 $ 2,615.25 $ 300.00 $ 2,315.25 Apr -17 3487 $ 2,615.25 $ 300.00 $ 2,315.25 May -17 3488 $ 2,616.00 $ 300.00 $ 2,316.00 Jun -17 Not Ava.lab:c Yet $ - Not Available Yet Monthly Average Lines Billed 3563 11 Months of Revenue $ 26,096.69 KIB Insurance Costs $ (53.03) KIB Admin Costs $ (1,500.00) Total Paid to COK Net Available Yet Net Available Yet " Net Surcharge: Companies are allowed prorated adjustments for midmonth service changes and bad debts. Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 50 of 359 AGENDA ITEM #12.A. AS 29.35.130. Emergency Services Communications Centers. (a) A municipality may establish an emergency services communications center with one or more other municipalities and one or more state, federal, or private agencies that provide emergency service communications to the same geographic area. An emergency services communications center established under this section may be organized and operated as a public nonprofit corporation under AS 10.20. (b) An emergency services communications center under this section may be governed by a board of directors. A member of a board of directors of an emergency services communications center serves without compensation but Is entitled to per them and travel expenses. If an emergency services communications center is organized as a nonprofit corporation, a member of Its board of directors may not be employed by the nonprofit corporation. (c) An emergency services communications center may assess the feasibility and desirability of providing emergency services communications for the geographic area in which It Is located through one central office. An emergency services communications center may (1) combine or coordinate the existing emergency services communications programs of the participating municipalities and agencies; (2) operate a dispatch center to receive all requests for emergency services and dispatch those services; (3) study the need for Improvement In the timely delivery of emergency services to residents of the participating municipalities; (4) hold public hearings to obtain Information concerning the timely delivery of emergency services; (5) apply for and accept federal, state, munlcipal, and private money, property, or assistance for use In providing the timely delivery of emergency services; (6) enter Into contracts to carry out the provisions of this section; (7) employ personnel necessary to carry out the provisions of this section. (d) In this section (1) "emergency services" means services provided by law enforcement agencies, fire departments, ambulance services, and other organizations that are Intended to respond to emergency situations of Imminent danger to life or property; (2) "state agency" means a department, division, or office In the executive branch of state government. AS 29.35.131. 911 Surcharge. (a) A municipality may, by resolution or ordinance, elect to provide an enhanced 911 system at public safety answering points and may purchase or lease the enhanced 911 equipment or service required to establish or maintain an enhanced 911 system at public safety answering points from a local exchange telephone company or other qualified vendor. The municipality may Impose an enhanced 911 surcharge within the enhanced 911 service area, An enhanced 911 surcharge may not exceed $2 per month for each wireless telephone number and $2 per month for each local exchange access line for wirellne telephones. The maximum surcharge amount of $2 provided for In this subsection may be Increased above that level if the surcharge amount is approved by the voters of the enhanced 911 service area. The amount of surcharge Imposed for each wireless telephone number must equal the amount Imposed for each local exchange access line for a wlrellne telephone. An enhanced 911 service area may be all of a city, all of a unified municipality, or all or part of the area within a borough and may Include the extraterritorial Jurisdiction of a municipality In accordance with AS 29.35.020 . The governing body of a municipality shall review an enhanced 911 surcharge annually to determine whether the current level of the surcharge Is adequate, excessive, or insufficient to meet anticipated enhanced 911 Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 51 of 359 AGENDA ITEM #12.A. system needs. When a municipality Imposes an enhanced 911 surcharge or the amount of the surcharge Is changed, the municipality shall notify In writing the telephone customers subject to the surcharge and provide an explanation of what the surcharge will be used for. (b) A local exchange telephone company providing service In a municipality that has Imposed an enhanced 911 surcharge shall bill each month and collect the surcharge from customers In the enhanced 911 service area. A wireless telephone company that provides telephone service to wireless telephone customers with billing addresses within the enhanced 911 service area shall Impose an enhanced 911 surcharge each month and collect the surcharge from customers In the enhanced 911 service area. A local exchange telephone customer may not be subject to more than one enhanced 911 surcharge on a local exchange access line for a wireline telephone. A wireless telephone customer may not be subject to more than one enhanced 911 surcharge for each wireless telephone number. A customer that has more than 100 local exchange access lines from a local exchange telephone company in the municipality Is liable for the enhanced 911 surcharge only on 100 local exchange access lines. (c) A local exchange telephone company or wireless telephone company shall Include the appropriate enhanced 911 surcharge, stated separately and Included In the total amount owed, In the bills delivered to Its customers. The Regulatory Commission of Alaska may not consider the enhanced 911 surcharge as revenue of the telephone company and has no jurisdiction over an enhanced 911 system. A customer Is liable for payment of the enhanced 911 surcharge In the amounts billed by the telephone company until the amounts have been paid to the telephone company. (d) A local exchange telephone company or wireless telephone company that has collected the enhanced 911 surcharge shall remit the amounts collected to the municipality no later than 60 days after the end of the month in which the amount was collected. From each remittance made In a timely manner under this subsection, the telephone company Is entitled to deduct and retain the greater of one percent of the collected amount or $150 as the cost of administration for collecting the enhanced 911 surcharge. In addition, a wireless telephone company is entitled to full recovery of the recurring and nonrecurring costs associated with Implementation and operation of Phase I E911 service as allowed under Federal Communications Commission proceedings entitled "Revision of the Commission's Rules to Ensure Compatibility with Enhanced 9-1-1 Emergency Calling Systems" (CC Docket No. 94-102; RM -8143). (e) A local exchange telephone company or wireless telephone company Is not obligated to take legal action to enforce collection of the enhanced 911 surcharge. However, If a telephone company is attempting to collect an unpaid debt from a customer, the telephone company shall also attempt to collect any unpaid enhanced 911 surcharge that the customer owes. If a customer pays a portion of a bill that Includes an enhanced 911 surcharge, the amount paid shall be prorated between the telephone company and the enhanced 911 surcharge. The telephone company shall annually provide the municipality with a list of the amounts due for the nonpayment of enhanced 911 surcharges, together with the names and addresses of those customers who carry a balance that can be determined by the telephone company to be for the nonpayment of the enhanced 911 surcharges. The telephone company Is not liable for uncollected amounts. (f) The municipality may, at Its own expense, require an annual audit of a local exchange telephone company's or wireless telephone company's books and records concerning the collection and remittance of the enhanced 911 surcharge. (g) A village, as defined in AS 09.65.070 (e), or a public corporation established by a municipality has the powers granted to a municipality under this section. (h) [Repealed, Sec. 6 Ch 55 SLA 2005]. (1) A municipality may only use the enhanced 911 surcharge revenue for those costs of the enhanced 911 system that are authorized In this subsection. The surcharge revenue may not be used for any capital or operational costs for emergency responses that occur after the call Is dispatched to the emergency responder. The surcharge revenue may not be used for constructing buildings, leasing buildings, maintaining buildings, or renovating buildings, except for the modification of an existing building to the extent that Is necessary to maintain the security and environmental Integrity of the public safety answering paint and equipment rooms. 0 Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 52 of 359 AGENDA ITEM #12.A. The surcharge revenue may be used for the following costs to the extent the costs are directly attributable to the establishment, maintenance, and operation of an enhanced 911 system: (1) the acquisition, implementation, and maintenance of public safety answering point equipment and 911 service features; (2) the acquisition, Installation, and maintenance of other equipment, Including call answering equipment, call transfer equipment, automatic number Identification controllers and displays, automatic location Identification controllers and displays, station Instruments, 911 telecommunications systems, teleprinters, logging recorders, Instant playback recorders, telephone devices for the deaf, public safety answering point backup power systems, consoles, automatic call distributors, and hardware and software Interfaces for computer-aided dispatch systems; (3) the salaries and associated expenses for 911 call takers for that portion of time spent taking and transferring 911 calls; (4) training costs for public safety answering point call takers in the proper methods and techniques used In taking and transferring 911 calls; (5) expenses required to develop and maintain all Information necessary to properly Inform call takers as to location address, type of emergency, and other Information directly relevant to the 911 call -taking and transferring function, including automatic location Identification and automatic number identification databases. (j) If a city In an enhanced 911 service area established by a borough Incurs costs described under (1) of this section for the enhanced 911 system, before the borough may use revenue from an enhanced 911 surcharge, the borough and city must execute an agreement addressing the duties and responsibilities of each for the enhanced 911 system and establishing priorities for the use of the surcharge revenue. If the Department of Public Safety also provides services as part of the enhanced 911 system or uses the enhanced 911 system In that enhanced 911 service area, the department must be a party to the agreement. (k) For purposes of (1) of this section, "call taker" means a person employed In a primary or secondary answering point whose duties Include the Initial answering of 911 or enhanced 911 calls and routing the calls to the agency or dispatch center responsible for dispatching appropriate emergency services and a person In a primary or secondary answering point whose duties Include receiving a 911 or enhanced 911 call either directly or routed from another answering point and dispatching appropriate emergency services In response to the call; the term "call taker" Is synonymous with the term "dispatcher" In that It Is Inclusive of the functions of both answering the 911 or enhanced 911 calls and dispatching emergency services In response to the calls. AS 29.35.133. Immunity For 911 Systems. (a) The establishment, funding, use, operation, or maintenance of enhanced 911 systems and all activities associated with those actions are specifically found to be within the ambit of AS 09.50.250 (1) and AS 09.65.070(d)(6). Except for Intentional acts of misconduct or gross negligence, a service supplier, local exchange telephone company, or wireless telephone company and their employees and agents are also Immune from tort liability that might otherwise be Incurred In the course of Installing, training, maintaining, or providing enhanced 911 systems or transmitting or receiving calls on the system. (b) An Individual, telephone company, or employee of a telephone company who operates or maintains an emergency 911 service is not liable for civil damages In a tort action as a result of an act, omission, failure of service, or Incorrect Information done or given In good faith, (c) In this section, "service supplier" means a person that provides or offers to provide telecommunications equipment or services necessary for the establishment, maintenance, or operation of an enhanced 911 system. LWJ Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 53 of 359 AGENDA ITEM #12.A. AS 29.35.134. Multi -Line Telephone Systems. A municipality may by ordinance elect to require an enhanced 911 system from a multi -line telephone system. A multi -line telephone system operator must arrange to update the automatic location identlficatlon database with an appropriate master street address guide, valid address, and callback number for each multl-line telephone system telephone, so that the location Information specifies the emergency response location of the caller. A multi -line telephone system operator is considered to be In compliance with this section when the multi -line telephone system complies with enhanced 911 generally accepted Industry standards as defined by the Regulatory Commission of Alaska. For purposes of this section, (1) "callback number" means a number used by the public safety answering point to re -contact the location from which a 911 call is placed; the number may or may not be the number of the station used to originate the 911 call; (2) "emergency response location" means the location to which a 911 emergency response team may be dispatched that Is specific enough to provide a reasonable opportunity for the emergency response team to quickly locate a caller anywhere within It; (3) "master street address guide" means a database of formatted street names, numerical addresses or address ranges, and other parameters defining valid locations and emergency services zones, and their associated emergency services numbers, that enables the proper routing and response to 911 calls; (4) "multi-Ilne telephone system" means a system made up of common control units, telephone sets, and control hardware and software, Including network and premises based systems such as Centrex and PBX, Hybrid, and Key Telephone Systems, as classified by the Federal Communications Commission under Part 68 Requirements, and Including systems owned or leased by governmental agencies or nonprofit entitles, as well as for profit entitles; (5) "multi-Ilne telephone system operator" means an entity that owns, leases, or rents from a third party, and operates a multi-Ilne telephone system through which a caller may place a 911 call through a public switched network. AS 29.35.135. Waiver of Privacy By Local Exchange Telephone Company Subscribers. Local exchange telephone company subscribers waive the privacy afforded by unlisted or unpublished telephone numbers to the extent that the name and address associated with the telephone number may be furnished to the enhanced 911 system for call routing or for automatic retrieval of location Information In response to a call Initiated to the system. AS 29.35.137. Definitions. In AS 29.35.131 - 29.35.137, (1) "enhanced 911 equipment" means the equipment dedicated to the operation of, or use In, the establishment, operation, or maintenance of an enhanced 911 system, Including customer premises equipment, automatic number Identification or automatic location Identification controllers and display units, printers, cathode ray tubes, recorders, software, and other essential communication equipment required by the system; (2) "enhanced 911 service area" means the area within a municipality's jurisdiction that has been designated to receive enhanced 911 service; the designation of an area to receive an Lr Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 54 of 359 AGENDA ITEM #12.A. enhanced 911 system under AS 29.35.131 (a) does not designate the area as a "service area" for purposes of art. X, sec. 5, Constitution of the State of Alaska; (3) "enhanced 911 system" means a telephone system consisting of network, database, and enhanced 911 equipment that uses the single three digit number, 911, for reporting a police, fire, medical, or other emergency situation, and that enables the users of a public telephone system to reach a public safety answering point to report emergencies by dialing 911; an enhanced 911 system Includes the personnel required to acquire, Install, operate, and maintain the system and Its facilities and to dispatch the calls generated by the system; (4) "local exchange access line" means a telephone line that connects a local exchange service customer to the local exchange telephone company switching office and has the capability of reaching local public safety agencies, but does not Include a line used by a carrier t0 provide Interexchange services; (5) "local exchange service" means the transmission of two-way Interactive switched voice communications furnished by a local exchange telephone company within a local exchange area, Including access to enhanced 911 systems; In this paragraph, 'local exchange area" means a geographic area encompassing one or more political subdivisions as described In maps, tariffs, or rate schedules filed with the Regulatory Commission of Alaska, where local exchange rates apply; (6) "local exchange telephone company" means a telephone utility certificated under AS 42.05 to provide local exchange service; (7) "municipality" has the meaning given In AS 29.71.800 and Includes a public corporation established by a municipality and a village as that term Is defined In AS 09.65.070 (e); (8) "public safety answering point" means a 24-hour local jurisdiction communications facility that receives 911 service calls and directly dispatches emergency response services or that relays calls to the appropriate public or private safety agency; (9) "wireless telephone" means a telephone that Is not a wireline telephone and Includes cellular and mobile telephones; each wireless telephone number Is considered to be a separate wireless telephone; (10) "wireless telephone company" means a telephone utility that provides telephone service for wireless telephone customers who receive monthly or periodic bills sent to an address within a designated enhanced 911 service area; (11) "wireline telephone" means a telephone that uses a local exchange access line. Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 55 of 359 Kodiak Island Borough Meetingof. August 7, 1997 AGENDA ITEM #12.A. ITEM NO. 17. A.1. Contract No. 97-45 REIMBURSEMENT OF E-911 EXPENSES INCURRED IN IMPLEMENTING AN ENHANCED 911 TELEPHONE SYSTEM. Resolution No. 95-45 established an enhanced 911 system and imposed a 911 surcharge on all local exchange access lines in the area to be served by the system. The funds are to be passed through to the City and Coast Guard toward their cost of operation of the system. This contract reimburses the City for their expenses incurred in implementing the 911 system as the City is willing to advance the full cost of installing the necessary equipment and software. APPROVAL FOR AGENDA: Recommended motion: Move to approve Contract No. 97-45 with the City of Kodiak. Resolution No. FY2018-05 Changing The 911 Surcharge 0n All L... Page 56 of 359 AGENDA ITEM #12.A. Introduced by: Mayor Selby Requested by: Mayor Selby Drafted by: Mayor Selby Introduced: 12/07/95 Public Hearing: 12/07/95 Adopted: 12/07/95 KODIAK ISLAND BOROUGH RESOLUTION NO. 95-45 A RESOLUTION ESTABLISHING AN ENHANCED 911 SYSTEM AND IMPOSING A 911 SURCHARGE ON ALL LOCAL EXCHANGE ACCESS LINES IN THE AREA TO BE SERVED BY THE SYSTEM WHEREAS, the Kodiak Island Borough is proceeding with the design and installation of an enhanced 911 telephone system to provide the best possible emergency telephone service at public safety answering points from a local exchange telephone company; and WHEREAS, Alaska Statute 29.35.131(a) provides that a municipality may establish and impose a surcharge for enhanced 911 telephone service; and WHEREAS, it is in the public interest to provide for the imposition and collection of the funding necessary for the system; and WHEREAS, it is fair and reasonable to assess the costs of the system against the telephone users who benefit from it; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The mayor is authorized and directed to continue working with the City of Kodiak and the United States Coast Guard for the design and installation of an enhanced 911 system providing service to users of telephone service provided by any local exchange telephone company within the prefix 486 or 487 areas of the Kodiak Island Borough. The area to be served by the enhanced 911 system shall be all of the prefix 486 and 487 areas of the Kodiak Island Borough. Section 2: Beginning January 1, 1996, there is imposed a surcharge of seventy-five cents ($.75) per month per local exchange access line within the Borough. A customer having more than 100 local exchange access lines from a local exchange telephone company in the Borough is liable for the 911 surcharge only to 100 local exchange access lines. I(WiA Ylrnd ll wph. Pls4. Rwdution No 9S IS P'.l olr Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 57 of 359 AGENDA ITEM #12.A. Section 3: A local exchange telephone company, in accordance with AS 29.35.131- 29.35.137: a, shall include the 911 surcharge in the bills delivered to its customers; b. shall remit the amounts collected to the Kodiak Island Borough; c. may deduct limited administrative costs; d. shall prorate partial payments made by its customers; e. shall provide the Kodiak Island Borough with a list of amounts due for nonpayment of 911 surcharges; f. shall, at the election and the expense of the Kodiak Island Borough, be subject to an annual audit of its books and records concerning the collection and remittance of the 911 surcharge; and g. shall otherwise comply with the requirements and be entitled to the benefits of state law with respect to enhanced 911 systems. Section 4: All funds received from the surcharge shall be passed through to the City of Kodiak and the United States Coast Guard toward their cost of operation of the enhanced 911 system in proportion to the amount collected from the respective emergency services areas. Section 5: The assembly shall annually review the 911 surcharge to determine whether the current level of the surcharge is adequate, excessive or insufficient to meet anticipated enhanced 911 system needs. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF DECEMBER, 1995 KODIAK ISLAND BOROUGH M. ATTEST: Donna F. Smith, CMC, Borough Clerk Presiding Officer K"A Idd B..vk NNS P.AAWn N.. 96-46 PW. a.12 Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 58 of 359 AGENDA ITEM #12.A. MEMORANDUM TO: Jerome Selby, Borough Mayor FROM: William D. Jones, City Manager DATE: July 24, 1997 RE: Enhanced 911 Agreement for Reimbursement Jerome, the attached agreement is fairly straightforward and provides what we spoke about several weeks ago. The Borough will continue to receive the line charge minus the maintenance fee and remit same to the City to reimburse us for the cost of installation and the service agreement. At such time as the contract amount, along with the interest, in paid the Borough Assembly would most likely want to consider dropping the monthly fee to something less than the S.75 since only a replacement fund and other minor expenses would be justified. Please call if you have any concerns. Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 59 of 359 AGENDA ITEM #12.A. Contract No. 97-45 AGREEMENT FOR REIMBURSEMENT OF E-911 EXPENSES This Agreement is made between the Kodiak Island Borough (the Borough) and the City of Kodiak (the City) for purposes of memorializing the terms of an agreement pursuant to which the Citywili be reimbursed for expenses incurred in implementing an enhanced 911 telephone system. RECITALS The following facts or circumstances are acknowledged to be true and accurate: I. In cooperation with Telephone Utilities of the Northland, Inc., d/b/a PTI Communications (PTI), the City and the Borough wish to implement an enhanced 911 system. This will require the installation at City facilities of equipment and software estimated to cost up to approximately $175,000. 2. Pursuant to Kodiak Island Borough Resolution 95AS, since January I, 1996, PTI has collected a monthly surcharge of $0.75 per local exchange access line within the Borough and has remitted the funds so collected to the Borough. The Borough currently receives approximately $5,200 per month as a result of the surcharge and has available a balance of approximately $67,144.50 attributable to previously collected surcharges. 3. The City is willing to advance the full cost of installing the necessary equipment and software described above so long as it is assured that it will be reimbursed for its full costs plus interest at len percent per year out of the surcharges remitted to the Borough. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Acquisition and Installation of Equipment. The City shall acquire and install at its facilities such equipment and software as it determines to be necessary to implement an enhanced 911 telephone system for local exchanges 486 and 487. The City is not, however, obligated to spend more than $175,000 for this purpose. 2. Application of Existing Surcharge Balance. Upon the execution of this agreement, the Borough shall transfer to the City the full amount of funds previously remitted to it by PTI as a result of surcharge collections. The City shall apply these funds, which are estimated to total approximately $67,114.50, towards acquisition of the equipment and software described above. 3. Reimbursement of Balance of Expenses. The balance of the expenses incurred by the City in connection with the acquisition and installation of the equipment necessary to implement an enhanced 911 system shall be reimbursed to it by the Borough, which shall remit to the City the full amount of the surcharges passed on to it by PTI within one month after receiving the same. The unpaid balance due to the City shall bear interest at ten percent per year and payments from the Borough shall be credited first to accrued interest and then to reduction of principle. All surcharges received by the Borough shall be applied in the foregoing manner, regardless of whether attributable to lines within or beyond the Kodiak City limits. Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 60 of 359 AGENDA ITEM #12.A. E-911 Reimbursement Agreement Page 2 4. Maintenance of Surcharge. The Borough agrees that, until such time as the City has been fully reimbursed for the expenses which it incurs pursuant to this agreement, plus interest, it will not reduce or rescind the 911 surcharge or take any other actions which would have the effect of reducing the amount of, or delaying the payment of, the surcharges passed on to it by PTI. The City acknowledges, however, that PTI will withhold a portion of the surcharge equal to $0.18 per line per month to cover maintenance expenses and will only pass on the remainder to the Borough. Should actions in violations of this paragraph be taken by the Borough, then in addition to any other remedies available to the City, the City may declare the entire unpaid balance immediately due and payable and the Borough shall pay the same regardless of the availability of surcharge funds. CITY OF KODIAK KODIAK ISLAND BOROUGH ===Z& Wil is one/s/, C' Ma ag r Jer a Selby, Mayor / �J Dated: 8/ 8 Dated: Attest: City Clerk ' //IVIAN.,�. Ri �/ �u►•'�i 4iZ Resolution No. FY2018-05 Changing The 911 Surcharge On All L... Page 61 of 359 AGENDA ITEM #B.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 3. 2017 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-02A Amending Resolution No. FY2018-02 Schedule Of Fees Of The Kodiak Island Borough ORIGINATOR: Dora Cross RECOMMENDATION: To adopt Resolution No. FY2018-02A. DISCUSSION: This fee schedule change was requested by the Assembly. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-02AAmending Resolution No. FY2018-02 ... Page 62 of 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AGENDA ITEM #B. 1. Introduced by: Borough Manager Drafted by: Finance Director Introduced on: 08/03/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-02A A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING RESOLUTION NO. FY2018-02 SCHEDULE OF FEES OF THE KODIAK ISLAND BOROUGH WHEREAS, the Assembly has recently adopted Ordinance No. FY2017-21, which is also known as the Accessory Dwelling Unit (ADU) Ordinance; and WHEREAS, the Assembly directed staff to waive all fees relating to Accessory Dwelling Units (ADUs); and WHEREAS, staff has prepared the attached amended fee schedule to carry out the wishes of the Assembly; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: The attached exhibit of schedule of fees shall become effective upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF . 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Clerk Resolution No.FY2018-02A Page 1 of 1 Resolution No. FY2018-02AAmending Resolution No. FY2018-02 ... Page 63 of 359 AGENDA ITEM #B. 1. KODIAK ISLAND BOROUGH, ALASKA FEE SCHEDULE Effective:'��'�?r-August 3, 2017 Contents Page Miscellaneous Services 2 Title 3: Revenue and Finance 3 Title 5: Business Licenses 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 Plan Review 6 Plumbing Other Title 16: Subdivision Title 17: Zoning Title 18: Borough Real Property Resolution No. FY2018-02AAmending Resolution No. FY2018-02 ... Page 64 of 359 AGENDA ITEM #B. 1. MISCELLANEOUS SERVICES BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER Copy of Fire Report $25,00 One -hall of Training Center, per hag day (1-6 his, max 49 people) $15.00 One -hag of Training Center, per day (6.10 his, max 49 people) $25.00 Full Training Center, per half day (1-6 hm, Max 100 people) $30.00 Full Training Center, per day (6-10 firs, max 100 people) $50.00 Refundable Cleaning Deposit $50.00 Notes: Non-profit organizations and public safety agencies who do not charge a fee forthe activity being conducted may apply fora waiver of Training Centeruse 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 requesters thumb drive) 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 OVD, per disk (includes large scale maps) $5.00 Copies, Per page first 20 pages free, $0.25 thereafter Comprehensive Plans, paper $25.00 Electronically Reproduced Records (hard copy to electronic) no charge Eleclmnlcally Produced/Provided Records (originally electronic) no charge GENERAL SERVICES Interest on Miscellaneous Delinquent Accounts 12% annually Nm Transfer Liquor License $1.00 per notice mailed Non -Filing or Late Filing Fee for Spedal Taxes (Severance and Bed) $50 per filing NSF Check Fee $25.00 Research Service, records recovery First 5 hours free/640.00 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 orrecords (data analysis). The arbitrary amount of $40 perhouris an average of Clerk's Office staff hourly wage and benefits. KIBC 2.40.040 notes that we cannot exceed the actual salary and benefif cost forpersonnel time. KODIAK FISHERIES RESEARCH CENTER IKFRC) Mein Lobby (upstairs/dovm-fee includes large conference room) $250.00 Refundable cleaning deposit, main lobby $300.00 Large Conference Room $50.00 Refundable cleaning deposit, large conference roam $50.00 Small Conference Room $40.00 Refundable cleaning deposit, small conference mom $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 seMces (114 hr minimum) $60.00/hr PrintslCoples Bond $1.00 sq it Semi Glass $2.00 sq it Mylar $3.00 sq it 8.5 X 11 Inch first 20 pages free, $0.25 thereafter 11 X 17 Inch first 10 pages free, $0.50 thereafter Nofes: No copying or commercial use, except for reference z Die Resolution No. FY2018-02AAmending Resolution No. FY2018-02 ... Page 65 of 359 AGENDA ITEM #B.1. 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 5: BUSINESS LICENSES Marijuana Cultivation Facilities - Limited $200.00 annually Cultivation Facilities - Standard $1,000.00 annually Manufacturing - Concentrate $200.00 annually Manufacturing - Product $1,000.00 annually Retail $1,000.00 annually Testing $200.00 annually 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 oto Resolution No. FY2018-02AAmending Resolution No. FY2018-02 ... Page 66 of 359 AGENDA ITEM #B. 1. TITLE 8: 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 wmplunce with applicable regulations) $200.00 minimum, $200.00/cy Batteries Lead Acid Batteries - residential no charge Lead Acid Batteries -commercial $6.00 per large, $3.00 per small Uthlum Batteries $6,00 per large, $3.00 per small Carl Service Fee $25,00 per incident Commercial Garbage $20.00 minimum, $323.00Iton ConstmcllordDemolillon Debris (CaD) (residential over 5001b/commerciail industrial /Institutional) $20.00 minimum, $323.00/ton Note: Any ntlxed construction bads that have greater Man to%metals will not be accepted. Fishing Gear - line, netting and web only $323.00/ton Equipment Usage to Off -Load Customer Waste $100,00/hour, $100.00 minimum Garbage Truck of Borough Collection Contractor $323,00Aan Garbage Truck of United States Coast Guard Contractor 3323.001ton Household Hazardous Waste 401b limit per month no charge Greater Than 40 lbs per month $1.001lb Marine Debris (does hot Include line, netting and webbing -see Fishing Gear) Less then Icy no charge 1 to 10 cubic yards - Must complete acceptance form at landfill. no charge Greater then 10 cubic yards: ADEC and KIB approval required before delivery. Una, netting, webbing, recyclables, and metal must be separated prior to delivery. $323.001ton Metals (Includes vehicles Wryer than one ton capacity) $323.00ttm ($0.161511b) Mobile Hames/Recreational Vehicles (measured per longest dimension) See Note $30.0011f Oil Used 011- commercial $3.00/gel 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, art household wsale. Up to 250 lbs total per day (no metals) no charge 251 pounds or greater $323,001ton Time - commercial $323.00/ton Uncovered Loads - additional charge $35.00 Use of Scale to Obtain a Certified Weight $15.00 per ticket Vehicles (vehicles Wryer than one ton czpdty Mil be charged at the metals rate) 5475.00 per vehicle Waste Screenings $323.0(/ton NOTES: ' Govemmantal customers maybe served by a private company by direct negotiation forser face. Fees will beset, 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 Kodak Island Borough landfill will be charged at the time of disposal at the rate establishedin this fee schedule. The Kodak Island Borough will invoice Me United States Coast Guard forall or any porton 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 prefects need M separate their waste Into metal and non-metal loads. Mixed loads will not be accepted at the landfill. ' Metals received at the landfill in the form of tanks or cables must be prepared in an acceptable manner. Tanks must be drained of all fluids and wiped clean. Tanks under 500 gallons must have 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 Engineering/Facility staff M discuss acceptable criteria. Fishing cable must be cut Into 3' lengths. Othermetal items must be cut Into pieces no greater than 17' long, 7' 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 self -hauled household residential waste of up to 1,000 lb&Week. Disposal of large items (e. g., boats, trailers, constntction demohion debris and metals) will be charged at the same rate as shown in this fee schedule. ' Commercial establishments, andor small quantity generators, who generate hazardous waste must contact an environmental company to property dispose of their waste. ' All mobile homes or debris from mobile homes shall be cleared forasbestos and Lead based paint before acceptance. All materials must be separated Into C6D, metal and recyclab/es priorto delivery. Definitions: Resident/al Waste -Waste generated from yourhome (for example, household garbage, bulky items such as furnishings and grass4awn clippings). It includes homeowner constmctlonydemolitlon waste but does not Include metals. Commetc/al Waste -Institutional and Industrial organizations or contractors and businesses conducting work for compensation andorbaner. 4ofB Resolution No. FY2018-02A Amending Resolution No. FY2018-02 ... Page 67 of 359 AGENDA ITEM #8.1. TITLE 15: BUILDING AND CONSTRUCTION BUILDING PERMIT FEES Total Vdue Fees Vdue - up to $500.00 $15.00 value = $500.01 - $2,000.00 $15.00 for the Ord $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 $5.50 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 first $100,000.00 plus $3.50 /or 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 owner/builder 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: 1. 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. Ownerrbullderls defined as a person who is managing the construction or remodel of their own residence and the building permit must reflect the name of the owner. A 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 Permit $35.00 Each Fixture/Duplex Outleglndkidual Switch/Emergency Light $1.25 Electric Heat 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 OutletiUnit $1.25 These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoningcode. 5 of Resolution No. FY2018-02AAmending Resolution No. FY2018-02 ... Page 68 of 359 AGENDA ITEM #B.1. f11�iE�Fii-7fN11.7rrc7_�; t T.T.7:1-ii1R�1i[�I:R.LT}P.A ELECTRIC PERMIT FEES •(canrd) ALL OTHER ELECTRICAL WORK (C -1d) The fallowing schedule of fees shall apply to all electrical work for which a plan review is required: $0.00 - $500,00 $35.00 $601.00-$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 - $5,000,00 $250,00 $6,001.00 -up $300.00 When extra inspections are made necessary by reason of defective work, or otherwise through fault or error on the pan of the holder of the permit, or on the part of the permit holders 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 Atter Work has Staged 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 5110 100 C.Y. $37.00 101 to 1,000 C.Y. $37.00 for tat 100 cy + $17.50 for ea additional 100 cy 1,001 to 10,000 C.Y. $194,50 for fat 1,000 cy+$14.50 for ea additional 1,000 cy 10,001 to 100,000 C.Y. $325,00 for tat 10,000 ty+$66,00 forea additional 10,000 cy 100,001 c,y. or mora $919.00 for list 100,000 cy + $36.50 for ea add 10,000 cy Nth The fee for a grading pamYt authorizing add'tional 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. PLAN REVIEW FEES Commercial 65% of the building permit fee Residential non -engineered 50% of the building permit fee Residential engineered 20% of the building permit fee Notes: 1. Valuations fardetemYnallon 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 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 HM Water Boiler (per 1.000 btu) $0.20 Automatic Sprinkler Systems (per head) $1.50 Plumbing Attention Work (per outlet) $7,00 All Other Plumbing Work $35.00 Plumbing Permits Aller 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. Resolution No. FY2018-02AAmending Resolution No. FY2018-02 ... Page 69 of 359 AGENDA ITEM #8.1. TITLE 1S: BUILDING AND CONSTRUCTION cenea 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 $40.00 Driveway Permit Fee, (no fee when Included w/bldg permit) $25.00 Inspections Which No Fee is Specifically Indicated $40.00/hr Inspections Outside Normal Business Hours (per hour, 2 hr min) $70.00 Re nspection Fees Assessed Under Provisions of Section 305G $40.00/hr Right of Way (ROW) Penult for Driveway Access $100.00 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 - stra0 time $40.00/hr Personnel Costs - overtime $55.00/hr Personnel Costs - double time $72.00/hr Vehicle - hours $1.70/hr Vehicle -mileage $0.30/ml Vehicle - administrative fee 10% Inspection Services - Subdivision: Road and Utility Improvement (per lineal ft) Improvements for 1 to 12 lots $3.50/9 Improvements for 13 lots and more $2.00/9 Materials Approval Services: First Submittal $200.00 Subsequent Reviews $60.00 Plan Review Services: Additional Improvement Plan Reviews $100.00 Improvement Plan Review actual cast 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 tat over 12 Over 50 lots $1,110,00 +$15.00 for each additional lot over 50 Waivers $75.00 ] cl 0 Resolution No. FY2018-02AAmending Resolution No. FY2018-02 ... Page 70 of 359 AGENDA ITEM #8.1. TITLE 17: ZONING ' After the fact Zoning Compliance Permits 2 x the published amount Appeal to Bosh of Adjustment $350.00 Appeal to Commission $175.00 Appeal Record Copy, per page first 20 pages free, $0.25 thereafter Conditional Use Permit" $250.00 Other P&Z Screening Approval $150.00 Postponement at Petitioner's Request- public hearing item $100.00 Postponement at Petitloner's Request- non-public hearing Item $25.00 Review of P&ZC 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 walved for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. " This fee is waived for Accessary Dwelling Unit (ADU) cases TITLE 1S: BOROUGH REAL PROPERTY Land Disposal Application $350.00 Land Use Permits -temporary KIBC 16.50.010.8 $250.00 Land Use Permits - annually KIBC 10.50.010.0 $1,200.00 Material Sales , royalty fee per cubic yard - annually $2.00 Wood Cutting Permits- Chinlak area - annually Free with signed liability waiver Wood Cultirm Permits - s 'fled areas other than Chlnlak-30 des $25.00 e oie Resolution No. FY2018-02AAmending Resolution No. FY2018-02 ... Page 71 of 359 AGENDA ITEM #B.2. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 3. 2017 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-08 Authorizing The Assessor To Assess The Spruce Cape Homes Low -Income HousingTax Credit (LIHTC) Project Based On Restricted Rents. ORIGINATOR: Bill Roberts RECOMMENDATION: Move to adopt Resolution No. FY2018-08. DISCUSSION: The growing need for safe, affordable, quality housing in Kodiak has prompted Spruce Cape Homes, Swell, LLC. to pursue the construction of a 50 unit project to be implemented in two phases with the assistance of low-income housing tax credits. These tax credits will help fund the initial investment for construction. The request from the project owners is that the Kodiak Island Borough assess the project based on actual rents and not by market rents. ALTERNATIVES: FISCAL IMPACT: Yes: $15,802 (Difference in tax collected) OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 72 of 359 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #8.2. Introduced by: Borough Assessor Drafted by: Borough Assessor Introduced on: 08/17/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-08 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING THE ASSESSOR TO ASSESS THE SPRUCE CAPE HOMES LOW-INCOME HOUSING TAX CREDIT (LIHTC) PROJECT BASED ON RESTRICTED RENTS WHEREAS, the Kodiak Island Borough is in dire need for affordable housing; and WHEREAS, the Kodiak Island Borough Assembly has made it a priority to encourage construction of affordable housing; and WHEREAS, AS 29.45.11 Old), requires the Assembly to determine by ordinance, whether the projects that qualify after January 1, 2001 shall be assessed based on actual income from restricted rents derived from the property; and WHEREAS, if the Assembly determines that such property is exempt from the requirement that the assessment be based on restricted rents, it can by parcel authorize the Borough Assessor to assess the projects at either full and true value or based on actual income derived from the property; and WHEREAS, the Assembly passed Ordinance No. FY2012-20 on May 3, 2012, stating that all such applications shall be forwarded to the Assembly by resolution for a determination of the assessment manner: and WHEREAS, the owner of the Spruce Cape Homes Project, Swell, LLC. has applied for Assembly consideration on the method of valuation; and WHEREAS, the owner has filed a timely application before May 15, 2018, with the Assessor and the project is being considered by Alaska Housing Finance Corporation to be a low-income housing lax credit project under U.S.C.42 qualifying after January 1, 2001; and WHEREAS, the following are the values that would be attributed to the property using the two different value techniques: 2018 FULL AND TRUE VALUE $2,550,000 Kodiak Island Borough, Alaska 2018 RESTRICTED RENT VALUE $1,080,000 Resolution No. FY2018-08 Page 1 of 2 Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 73 of 359 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 AGENDA ITEM #6.2. WHEREAS, that in accordance with AS 29.45.110(d), the Assembly finds that valuing this project based on the actual income derived from the property best serves the interests of the Borough by potentially increasing the affordability and availability of low-income housing. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Assembly authorizes the Assessor to value the Spruce Cape Homes Project based on the actual income derived from the property without adjustment based on the amount of any federal tax credit given the property. This resolution will become effective upon approval by Alaska Housing Finance Corporation for the project as a low-income housing tax credit project under U.S.C.42 and final construction of the project. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Resolution No. FY2018-08 Page 2 of 2 Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 74 of 359 1 2 3 4 5 6 7 8 9 10 it 12 13 14 Is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AGENDA ITEM #8.2. introduced by: Borough Manager Requested by: Borough Assessor Drafted by: Borough Assessor Introduced: 041192012 Amended: 0510 3 2 0 1 2 Public Hearing: 051012012 Adopted: 0510312012 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2012-20 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 3 REVENUE AND FINANCE, CHAPTER 3.35 REAL PROPERTY TAX BY ADDING SECTION 3.35.085 METHOD OF DETERMINING THE ASSESSED VALUE OF PROPERTY THAT QUALIFIES FOR A LOW-INCOME HOUSING UNDER 26 USC 42 WHEREAS, according to Alaska Statute 29.45.110(d), the Kodiak Island Borough Assessor is required to value low-income housing tax credit projects existing as of January 1, 2001, the effective date of the legislation, based on the actual income derived from the property, which can result In a value that is less than the full and true value required by Alaska Statute 29.45.110(a); and WHEREAS, these projects must be qualified and recognized under the United Stales Tax Code 26 USC. 42; and WHEREAS, AS 29.45.110(d) requires the borough assembly to determine by ordinance whether the projects that qualify on or after January 1, 2001, shall be assessed based on the actual Income which is from restricted rents versus market rents; and WHEREAS, to date there are no low-income housing projects In the Kodiak Island Borough receiving the benefit of the restricted rent Income approach to value; and WHEREAS, Fir Terrace Apartments located at 2610 Mill Bay Road, containing sixty (60) units total has applied for consideration under AS 29.45.110(d)(2); and WHEREAS, in accordance with AS 29.45.110(d)(2), the Kodiak Island Borough Assembly finds that properties that first qualify for the low -Income housing tax credit exemption after January 1, 2001 may be exempt from AS 29.45.110(a)(d)(1) method of assessment and may be assessed based an the astaal iaoemataxGradlt using the full and true value requirement under AS 29.45.110(2) or may be assessed based on the actual Income derived from the property without adjustment based on the amount of any federal income tax credit. The assembly shall determine on a parcel by parcel basis whether such property shall be valued at its full and true value or based on its restricted rents. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances; and Kodiak Island Borough Ordinance No. FY2012-20 Page 1 of 2 Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 75 of 359 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 AGENDA ITEM #8.2. Section 2: That Kodiak Island Borough Code Title 3 Revenue and Finance, Chapter 3.35 Real Property Tax is hereby amended by adding Section 3.35.085 to read as follows: 3.35.085. Method of determining the assessed value of property that qualifies for a low-income housing lax credit under 26 USC 42. A. In accordance with AS 29.45.110(d) (1), the full and true value of all property within the Kodiak Island Borough that first qualifies for low-income housing tax credit under 26 USC 42 before January 1, 2001, shall be based on the actual Income derived from the property and may not be adjusted based on the amount of any federal income tax credit for the property. B. Pursuant to AS 29.45.110(d)(2), the full and true value of all property within the Kodiak Island Borough that first qualifies for a low-income housing credit under 26 USC 42 on or after January 1, 2001, shall be exempt from the requirement that the value be based on the actual income derived from the property. For property that first qualifies for a low-income housing credit under 26 USC 42 on or after January 1, 2001, the assembly may determine, by parcel, whether the property shall be assessed based on AS 29.45.110(a) or on the basis of actual income derived from the property without adjustment based on the amount of any federal income lex credit given for the property. Once the manner of assessment of the property has been determined under this subparagraph, the assembly may not change the manner of assessment of that parcel of property If debt relating to the property incurred in conjunction with the property qualifying for the low-income housing tax credit remains outstanding. C. To secure an assessment based upon the actual income derived from the property under this section, an owner of property that qualifies for the low- income housing tax credit under 26 USC 42 shall apply to the assessor before May 15 of each year in which the assessment is desired. The property owner shall submit an application on forms prescribed by the assessor and shall include information that may reasonably be required by the assessor to determine the entitlement of the applicant and to assess the property under this subsection. All such applications shall be forwarded to the assembly for determination, by resolution, for a determination of the manner of assessment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS THIRD DAY OF MAY 2012 A 7%r7 Nova M. Javier, M 71. Borough Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH i Je me M. Selby, Borough• yor Ordinance No. FY2012-20 Page 2 of 2 Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 76 of 359 AGENDA ITEM #B.2. 3.35.085 Method of determining the assessed value of property that qualifies for a low-income housing tax credit under 26 USC 42. A. In accordance with AS 29.45.110(d)(1), the full and true value of all property within the Kodiak Island Borough that first qualifies for low-income housing tax credit under 26 USC 42 before January 1, 2001, shall be based on the actual Income derived from the property and may not be adjusted based on the amount of any federal Income tax credit for the property. B. Pursuant to AS 29.45.110(d)(2), the full and true value of all property within the Kodiak Island Borough that first qualifies for a low-income housing credit under 26 USC 42 on or afterJanuary 1, 2001, shall be exempt from the requirement that the value be based on the actual Income derived from the property. For property that first qualifies for a low-income housing credit under 26 USC 42 on or after January 1, 2001, the assembly may determine, by parcel, whether the property shall be assessed based on AS 29.45.110(a) or on the basis of actual Income derived from the property without adjustment based on the amount of any federal Income tax credit given for the property. Once the manner of assessment of the property has been determined under this subsection, the assembly may not change the manner of assessment of that parcel of property if debt relating to the property incurred in conjunction with the property qualifying for the low-income housing tax credit remains outstanding. C. To secure an assessment based upon the actual income derived from the property under this section, an owner of property that qualifies for the low-income housing tax credit under 26 USC 42 shall apply to the assessor before May 15th of each year in which the assessment is desired. The property owner shall submit an application on forms prescribed by the assessor and shall include information that may reasonably be required by the assessor to determine the entitlement of the applicant and to assess the property under this subsection. All such applications shall be forwarded to the assembly for determination, by resolution, of the manner of assessment. [Ord. FY2014-10 4B, 2014; Ord. FY2012-20 42, 2012]. Sec. 29.45.110. Full and true value. (a) The assessor shall assess property at Its full and true value as of January 1 of the assessment year, except as provided in this section, AS 29.45.060 and 29.45.230. The full and true value is the estimated price that the property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer both conversant with the property and with prevailing general price levels. (b) Assessment of business Inventories may be based on the average monthly method of assessment rather than the value existing on January 1. The method used to assess business inventories shall be prescribed by the governing body. (c) In the case of cessation of business during the tax year, the municipality may provide for reassessment of business Inventories using the average monthly method of assessment for the tax year rather than the value existing on January 1 of the tax year, and for reduction and refund of taxes. In enacting an ordinance authorized by this section, the municipality may prescribe procedures, restrictions, and conditions of assessing or reassessing business inventories and of remitting or refunding taxes. (d) The provisions of this subsection apply to determine the full and true value of property that Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 77 of 359 AGENDA ITEM #B.2. qualifies for a low-income housing credit under 26 U.S.C. 42: (1) when the assessor acts to determine the full and true value of property that qualifies for a low- income housing credit under 26 U.S.C. 42, Instead of assessing the property under (a) of this section, the assessor shall base assessment of the value of the property on the actual Income derived from the property and may not adjust it based on the amount of any federal Income tax credit given for the property; for property the full and true value of which is to be determined under this paragraph, to secure an assessment under this subsection, an owner of property that qualifies for the low -Income housing credit shall apply to the assessor before May 15 of each year In which the assessment is desired; the property owner shall submit the application on forms prescribed by the assessor and shall include Information that may reasonably be required to determine the entitlement of the applicant; (2) the governing body of the municipality shall determine by ordinance whether the full and true value of all property within the municipality that first qualifies for a low-income housing credit under 26 U.S.C. 42 on and after January 1, 2001 shall be exempt from the requirement of assessment under (1) of this subsection; thereafter, for property that first qualifies for a low -Income housing credit under 26 U.S.C. 42 on and after January 1, 2001 and that, by ordinance, is exempt from the requirement of mandatory assessment under (1) of this subsection, the governing body (A) may determine, by parcel, whether the property shall be assessed under (a) of this section or on the basis of actual income derived from the property without adjustment based on the amount of any federal Income tax credit given for the property, as authorized by (1) of this subsection; and (0) may not, under (A) of this paragraph, change the manner of assessment of the parcel of property if debt relating to the property Incurred in conjunction with the property's qualifying for the low -Income housing tax credit remains outstanding. Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 78 of 359 AGENDA ITEM #B.2. KODIAK ISLAND BOROUGH LIHTC: REQUEST FOR ENTITLEMENT DETERMINATION AS 29.45.110 Alaska Statute 29.45.110 provides that an owner of property that qualifies for a low income housing credit under 26 U.S.C. 42 prior to January I, 2001 is entitled to an assessed valuation based on actual income derived from the property, exclusive or the tax credits, and shall apply to the assessor before May 15 of each year in which the determination is desired. Those properties first qualifying for o low income housing credit under 26 U.S.C. 42 atter January 1, 2001 can only receive the designation ror the valuation determination by actual versus market income if appmved by ordinance of the assembly. Applicant Name: I Swell LLC Applicant Title: Buyer and Developer Representative Project Name: S ce apeHomes Legal Descri tions : Lot 1, Block 3 First Addition Kadiak Alaska Subdivislon Mallin Address: 1113 west Fireweed Lane, #202 Anchors e, Alasla 99503 Telephone M 907 277 2663 Fax #: 1 907 277 3752 E-mail: I I glenn.gellert@gmall.com Qualification Information: Check the box next to the document(s) you have included as support for your application. ❑ Reservation Document ❑ Carry -Over Document ❑ I.R.S. Form 8609 Certification of End of Project No Document Available: Explanation Below are annlvinla for tax credits through Alaska imnortant tint we get the oroDertv tax valuation determination nrior to ormenting our fundine to AHFC because AHFC decides analvzina the oneratinn statemei statement. Based on the information provided, the Assessor will determine eligibility for this entitlement. Additional income information is required if entitlement is granted. First year of qualification C:IUsmUs bertsWppData\Lo KMloasoalWlndows\Temporary Internet Flles ContmLOuOook\aLYMKD2KI5pmce Cape LIHTC FORMA= (Revised W06107) Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 79 of 359 AGENDA ITEM #B.2. Presentation Outline 1.) Introduce Swell and its Projects (show pics) a.) 20 years of housing development experience b.) 1,000 affordable housing units developed throughout the state. c.) Largest affordable housing developer in state 2.) Need for affordable housing in Kodiak a.) Overall vacancy rate .5% b.) No new affordable housing in Kodiak in many years (Fir Terrace was a remodel) c.) 30 person waiting list at Fir Terrace d.) Rents climbing in Kodiak, pricing many out of the market 3.) Our Proposal a.) 20 units of 2 and 3 bedroom units primarily catering to those making 50% or less of median income. b.) Rents: 2 beds : $700 to $775 (market rate $1,100), 3 beds $800 to $1,000 (market rate $1,400). c.) Construction budget over $5 million. Construction jobs created including an apprenticeship program. On- going property management work also created. d.) Use LIHTC to cover the gap between development costs and debt carrying capacity. This Is how apartments are built today. Without UHTC's apartment construction Is not feasible. e.) What are UHTC's? A public private partnership. IRS thru AHFC provides tax credits in an annual funding competition. The winners, 4 out of 16 applicants, sell the tax credits to banks. The proceeds from the sale are used to pay a large part of the cost to develop. Investor becomes a partner In the development for 15 years. 4.) How are LIHTC projects different than Market rate projects? a.) Rents restricted b.) Development costs are subsidized c.) Close AHFC and IRS oversite with additional audit and management fees — if an ineligible tenant occupies the property, the tax credits can be pulled by the IRS d.) Limited resale possibilities during the compliance period. 5.) Property Tax Valuation a.) State statute b.) State statute is followed in all jurisdictions that we work in. 6.) Why is State LIHTC property tax treatment needed? a.) Without income valuation approach, project has a $200K funding gap and loses 4 points in the AHFC funding competition. The project can only carry $550K in debt versus $760K if the state statute is followed. 7.) How is this LIHTC project different than Fir Terrace? a.) This is new housing and not a remodel of an existing project b.) Fir Terrace is a USDA project with several additional subsidies. 1.) debt -1% with 50 year amortization 2.) operating subsidy—the USDA requires that units be rented to tenants making 50% of median income. The tenants pay 30% of their Income for rent, after that the USDA covers all operating expenses, mortgage pmts, and reserve payments. Landlords get an 8% dividend on their equity c.) Our project only receives a development subsidy. All operating risks are carried by the owner, just like if the project were a market rate project. d.) We get the same loan terms as any AHFC multifamily borrower — 5.38% for 30 years Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 80 of 359 AGENDA ITEM #8.2. PROJECT INCOME AND EXPENSE DATA (PRO -FORMA STATEMENT) Enter the number ojunfts and the monthly rent Per unit Spruce Cape Homes eab I ncame: aof Sq F// V.11 Mo. Reol b Aonuel RmenueR16.00. Flrw,v,w UMLr.Matku Rye units 0 0.00 50.00 50.00Unica el 60% ormedlan 0 0.00 SOHO .00unit. at 55% ormedian 0 0.00 50.00 $0.00Units et 3096 ormedian 0 0.00 50.00 10.00Othce'set-wide keel. 'N kval: 0 0.00 $0.00 $0.00Man er units 0 0.00 50A0 10.00Toul(Etfie Unlu) 0 5000One Mmam Unit.:Mykcl Ram units 2 30.00 1950.00 E 600.00 Units at 60% ormedian 3 800.00 5749.00 S26.964.00 2400 Unlh at 30•.6olmcdton 5 800.00 $594.00 $33640.00 4000 ni3at30%ormedinn o 0.00 $0.00 50.00 0 'Olher'eet•aside levels if level : 0 0.00 S0.00 $0.00 0 Mw= units: Income Restricted: $ Ify Leval ar"r4" 0 0.0o $0.00 $0.00 0 ToW (One Bala Uniul In 583 404.00 8000 Two Bedroom Uniu: Mmket Ram units 1 1300.00 1.200 $14400.00 1300 Unitsy 60%afinedian 0 100.00 919 Sa.00 0 Unft5al %ofinedinn 7 1-300.00 734 561.656.00 9100 Unimet30%ofinedim 0 0.00 50.00 50.00 0 "Ol wet -aside lents if lewl : 0 0.00 50.00 50.00 0 Mw unity. 1n Restricted: Ya/No? 1 900.00 $0.00 50.00 900 Tore) frwo Bedmmn Unm) 9 S76,056.00 11300 Thtee Ikdmom Units Merkel Rate units 3 1700.00 1500 S54000.00 5100 nits at 60% ofmcdian 3 1700.00 1,079 538.844.00 5100 Uniu at 60% of median ADA 0 1700.00 1,079 50.00 0 Univat 55% afinedian 6 1.700.00 WIN S6 80.00 10200 `Other"set-uidc kvels s if kvcl: 0 0.00 SO.00 SO.00 0 ManKer unih: Income Restricted: Yes / Wo? 0 0.00 SOHO 50.00 0 TyoI M. llydroam Uncus 12 SI55 Iz4.00 20900 Four Bedroom Units: 0 Mo kcl Rate units 0 0.00 0 Sam 1 0 Uniuet65%ormedinn 0 O.00 0 SOHO 0 Univat 55%ormcdian 0 0.00 0 50.00 0 Units at 30% ormedian 0 0.00 SO.00 $0.00 0 `Other" set-aside kveu (R=ify level): 0 0.00 50.00 $0.00 0 Mun er units: Income Restricted: Ym /No 7 0 0.00 S0.00 50.00 0 To (Fou M..Unm) 0 50.00 0 rive Bedroom Uniu: 0 Mukat Rye units 0 0.00 0 50.00 0 Units at 6056 ormedian 0 0.00 0 50.00 0 Uniu at 30°bofinedien0 0.00 0 50.00 0 Urdu ut 30%armedian 0 0.00 .W 50.00 0 `Older" sel•uide keel i Ievcl: 0 0.00 .00 ISO.00 0 Mww unim Income Restricted: Yn/No? 0 0.00 50.00 IS9.00 0 Told Fl.a Bdmmn Umu) 0 ISOM 0 Sprue Borough GOAL Workbook 30 unks als Pto]ect Income and Expense 7772017 Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 81 of 359 AGENDA ITEM #B.2. GOAL 2008: Section IV Enter the annual omratine Aerating Expenses: UJlidee atmch calculation mcmad, Le monthly cost per mtt type far each of the fallowin Annual Eler4ric S32,00.00 Natural Ger a Oil 0 Do Water and Sewer and Cable 51,11600 Garbage Removal farech quote from applicable collection service $12,183.00 Property Insurance mach insurance quote from insurance carrier $19,515.00 Pm Taxes. Esurnmed Property Value SI000000 %Area M0 Rate 1.2 Annual Property Taxes IS12.750 Annual Routine Maintemnex/R ars 25000.110 %ofEf ectwe Gross Income EGI Mane nc Mond,lSal+Renefits 0.00 Months RrnW C.Abatemem 0.00 VB.49%nSite Taal Annual ins ense 530 .00 Annual Professional P Man amen Ex ose 1775000 % ofE1&ctwe Gross Income EGI Annual Administration Ex u 11 000.00 %o( Receive Gross Income EGI Asset Measurement Fee CAPITA1IM) $0.00 Amuol Audn Fees 1$3.5DO,00 Tersest Services(if makable, dewit below: TS T .00 TS Type: TS Tvoc 00 Other S i :Lon in now Removal $10500.00 Cher S i : Sala tax 13 052.00 Annual Per Unit Resere Es se 300 per mit minimium $300.00 Tatra Annual Replacement Reserve Expettse 9 300 TOTAL OPERATRVG EXPENSES AND RESERVES 197 066 NET QLFRATING N nMr. IEGI Its, ) DEBT SERVICE: 10.bt Coverage Radoon Ist Amount Avnilahle for debt Service INOI Divided bv Dern Cnvemec R iml 140M IS69,54010 Ist Dots) ofTmv. Wells Fargo Pam Loan Loan Amman. Enter Term of Lam (in months) Enter Interest Rate (input as 7.625%, far example) Annual 1st DOT Debt Smice Es 5041,190 360 6.25% $69,540.00 Cast, Flow After First Deed of Trust $27,916.32 2nd Dad orTtnst: Raunusa , Soft Lam Loan Amount Enter Tran of Lom (in Years) Enter Interest Rate Annual 2nd DOT Debt Smice Cxpesse, 5375,000 25 I0096 $3,750.00 Debt Coven e Ratio v. Ist *ad 2nd 3N Deed ofTrust: Loan Amount Enter Tenn arLoan (in years) Enter Interest Rate (input as 7.623%, far example) Annual 3rd DOT Debt Smice Expense 30.00 15 2.0096 S0.0o Ocbt Coverage Ratio n 1st 2nd and 3rd 1 11 3th Dad orTnuc Loon Amount Enter Term of Loan (in months) Enter Interest Rate (input as 7.625%. for example) must 41h DO'1'Debt 5 ervioc Fxm= S000 30 1.00% $000 Debt Covera , Ratio on 10 2ad 3rd aad 4th 1 33 Remaining Cash Flow Payments atter Hand & Sof Debt Service ash Flaw Pa ent Expenses 22 107.00 PROJECT CASH FLOW (Net Operating Income Ins Deb! Servta) IS24,06632 Maximum Amount of Debt CapacityS1,d16,189.67 Spruce Borough GOAL Workbook 30 units Me Project Intone and Expanse 7172017 Resolution No. FY2018-08 Authorizing The Assessor To Assess ... Page 82 of 359 AGENDA ITEM #B.3. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 3, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Resolution No. FY2018-09 Requesting That The Legislature Repeal The Senior Citizens/Disabled Veteran's Property Tax Exemption (AS 29.45.030(9)), Excluding The Value From The Determination Under AS 14.17.510, Giving Control To Local Governments For Those Fiscal Decisions. ORIGINATOR: Kyle Crow RECOMMENDATION: Move to adopt Resolution No. FY2018-09. DISCUSSION: This resolution was requested by Assembly member Kyle Crow at the July 27 work session. This resolution requests that the Alaska Municipal League urge the legislature repeal the Senior Citizen's/Disabled Veteran's Property Tax Exemption (AS 29.45.030(g)), excluding the value rom the determination under AS 14.17.510, giving control to local gmemments for those fiscal decisions. Upon adoption, this Resolution will be submitted to the membership of the Alaska Municipal League for consideration and adoption. ALTERNATIVES: Assembly member Scott Smiley serves on the AML Board and produced a document suggesting changes to the proposed resolution. FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 83 of 359 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #B.3. Introduced by: KIB Assembly Drafted by: AML/Assembly member Crow Introduced on: 08/03/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-09 A RESOLUTION REQUESTING THAT THE LEGISLATURE AMEND THE SENIOR CITIZENS/DISABLED VETERAN'S PROPERTY TAX EXEMPTION (AS 29.45.030(9)), BY REINSTITUTING THE MEANS BASED PROVISION, AND EXCLUDE THE VALUE FROM THE DETERMINATION UNDER AS 14.17.510, TO ENSURE THE FAIR AND EQUITABLE TREATMENT OF ALL PROPERTY OWNERS, WHILE ALSO PROVIDING EXEMPTIONS TO THOSE WHO ARE ECONOMICALLY DISADVANTAGED WHEREAS, in 1973, the State of Alaska mandated that all municipalities provide senior citizens with a tax exemption on the total assessed value of their residential property, on a needs basis. During that year a total of nine -hundred 8 eleven (911) persons were exempt from paying a total of $197,050 in property tax to municipalities, which the Slate reimbursed the municipalities for, and WHEREAS, the needs based provision was removed from this mandate in 1974; disabled vets and surviving spouses were added in 1985; and the law was amended to limit the exemption to the first $150,000 of the assessed property value in 1986; and WHEREAS, the State of Alaska slopped reimbursing municipalities for this mandated exemption in 1997, and WHEREAS, by 2015 thirty-five thousand five -hundred and sixty-one (35,561) persons were exempt from paying a total of $66,223,849 in property taxes; and WHEREAS, the exemption was given to these two groups because of perceived economic disadvantages; and WHEREAS, these exemptions are placing more and more of a financial burden on all other property owners, some of whom are legitimately economically disadvantaged; and WHEREAS, while some of the currently exempt population is economically disadvantaged and should continue to receive this exemption, many who receive it are not; and WHEREAS, this mandatory exemption further burdens municipalities by barring revenues needed to fund essential government services, and WHEREAS, Slate and Federal funds to support municipal services are being reduced Kodiak Island Borough, Alaska Version 2, Revised 08/03 Resolution No. FY2018-09 Page 1 of 2 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 84 of 359 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 AGENDA ITEM #B.3. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly strongly requests that the Alaska Municipal League urge that the legislature amend the Senior Citizen's/Disabled Veteran's Property Tax Exemption (AS 29.45.030(g)), excluding the value from the determination under AS 14.17.510, by reinstituting and administering a means based determination to allow only those senior citizens and disabled veterans and their spouses who are economically disadvantaged to continue receiving this exemption. BE IT FURTHER RESOLVED that upon adoption, this Resolution shall be submitted to the membership of the Alaska Municipal League for consideration and adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Version 2, Revised 08/03 ATTEST: Nova M. Javier, MMC, Clerk Resolution No. FY2018-09 Page 2 of 2 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 85 of 359 TO: FROM: AGENDA ITEM #B.3. KODMKISL"D BOROUGH Assessing Department MEMORANDUM Mayor Rohrer and Assembly through Michael Powers, KIB Manager A Bill Roberts, Assessor DATE: August 2, 2017 SUBJECT: Proposed Resolution No. FY2018-09 concerning senior and disabled veteran tax exemptions, I have just reviewed the proposed resolution requesting the Alaska Municipal League to urge the legislature to repeal AS 29.45.030(g) and to allow local determination of the exemption be made on the local level. The resolution also requests that the exemption, if optional, be excluded from AS 14.17.510 in determining the full and true value for educational funding. There are several points in the resolution and supporting documentation that I feel the assembly should seriously consider before adopting this resolution. 1. The proposal is for the state to remove the exemption from mandatory to optional status. This would mean that the assembly would determine if they wish to enact an ordinance granting the exemption. In effect the assembly will be denying the existing senior exemptions and take the political heat for the decision. A better solution is to have the state fund the mandated exemption or eliminate it from the books altogether. 2. The proposal is to allow the municipalities to decide how the exemption will be applied, i.e. needs based. First the assembly would have to agree as to how they would limit the exemption, not a simple task. Second the borough would need to administer the program which would, in my opinion, require at least a new half- time position with tax accounting abilities. 3. There is no guarantee that if the state makes this an optional exemption they will also exempt it from AS 14.17.510 and any exemption granted by the borough could adversely affect our foundation funding. 4. HB 338 as written does not affect the status of the disable veteran exemption. I feel both exemptions should be treated similarly. My basic concern is that by making the exemption optional it would create a swamp for the borough to negotiate. My recommendation would be to mandate that the state fund this exemption or repeal it in its entirety. Respectfully BIII Roberts Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 86 of 359 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #B.3. Introduced by: KIB Assembly SUGGESTIONS FROM ASSEMBLY MEMBER Drafted by: AML/Assembly member Crow SCOTT SMILEY (CLEAN VERSION) Introduced on: 08/03/2017 Adopted on: KODIAK ISLAND BOROUGH RESOLUTION NO. FY2018-09 A RESOLUTION REQUESTING THAT THE LEGISLATURE REPEAL THE SENIOR CITIZENS/DISABLED VETERAN'S PROPERTY TAX EXEMPTION (AS 29.45.030(9)). WHEREAS, the State of Alaska has imposed in State Statute a requirement that all municipalities that levy a property tax, must exempt the first $150,000 in value of primary homes belonging to seniors and disabled veterans, from their property lax; and WHEREAS, property tax exemptions raise the property tax liability to those individuals who do not receive the benefits of those exemptions; and WHEREAS, the Slate of Alaska also created a Statute requiring the Stale to reimburse municipalities for those exemptions; and WHEREAS, subsequent to passage of AS 29.45.03(g), the State of Alaska no longer reimbursed municipalities for the cost of these exemptions; and WHEREAS, the Slate of Alaska, did not revoke Statute AS 29.45.030 requiring municipalities to continue to provide these exemptions; and WHEREAS, the Alaska Municipal League believes that municipalities know best their fiscal condition and are better able to determine appropriate exemptions given their budget constraints; and WHEREAS, municipality governments can create ordinances specifying exemptions from property taxes; and WHEREAS, while Revenue Sharing is decreasing and while all governments in Alaska are facing economic challenges, municipalities must be given the tools in order to cut costs; and WHEREAS, of the 34 municipalities that levy a property tax, the exemptions under AS 29.45.030 add up to over $60 million per year. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly requests the Alaska Municipal League to urge the legislature to repeal the Senior Citizen's/Disabled Veteran's Property Tax Exemption (AS 29.45.030(9)). Kodiak Island Borough, Alaska Resolution No.FY2018-09 Page 1 of 2 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 87 of 359 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 AGENDA ITEM #B.3. BE IT FURTHER RESOLVED that upon adoption, this Resolution shall be submitted to the membership of the Alaska Municipal League for consideration and adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska ATTEST: Nova M. Javier, MMC, Clerk Resolution No. FY2018-09 Page 2 of 2 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 88 of 359 AGENDA ITEM #B.3. 1 Introduced by: KIS Assembly 2 SUGGESTIONS FROM ASSEMBLY MEMBER Drafted by: AMLIAssembly member Crow oe1e1ee`I�' 3 SCOTT SMILEY (MARKED UP VERSION) Introduced on: OBl03@017 DeldnBEICLUDING THE VALUEFROM THE DETRMINATION UNDER 4 Adopted on: 14.17..610EGIMN CONTROL TO 5 LOCAL GOVERNMENTS FOR THOSE 6 KODIAK ISLAND BOROUGH FISCAL DECISIONS 7 RESOLUTION NO. FY2018-09 Deal in the 19e0s 8 Beat a mandate 9 A RESOLUTION REQUESTING THAT THE LEGISLATURE REPEAL THE SENIOR 1 Dddl that 10 I CITIZENSIDISABLED VETERAN'S PROPERTY TAX EXEMPTION (AS 29.45.030(9J)., Deleei I I Deleted: to 12 WHEREAS, )he State of Alaska hasimposed An. State .Statute a requirement that all , Dteted: J 13 municipalities that levy a property tax, must a darn the first $150 000 In value of primary homes Belem: passed a lawin 14 belonging to seniors and disabled veterans, from their property ta)q and Deere: s _ 15 Billeted: 16 WHEREAS, property tax exemptions raise the property tax liability to those individuals who do Beleed:9.0 17 not receive the benefits of those exemptions; and 18 Delded:es 19 WHEREAS, the State of Alaska also created _a $tatutex requiring the State to reimburse Delexi not long after the 20 municipalities for those exemptions; and Belford: feu they could 21 oriental however, 22 I WHEREAS, 5AubsecLuent_ to passage of AS 29.45.03(g), the state of Alaska po longer Delete: relax 23 reimbursed municipalities for the cost of these exemptions; and Deleted: the mandato 24 Fdmadea: Font: Na sae 25 I WHEREAS, the Stale of Alaska, Old not 4evoke+Statute AS 2-9.4 5.030 requiring municipalities Brietal; 26 to continue to provide these exemptions and Deleded:membersafthe 27 otetee:feel 28 WHEREAS, the Alaska Municipal League pelieves that municipalities know best Jheir fiscal Deete:whal 29 condition and are better able to determine appropriate exemptions given their budget Beldeeaituauon 30 constraints. and 31 Belnxi 32 WHEREAS, municipality governments can preate ordinances ,specifying exemptions from Detded: dichte 33 I property taxes; and - Deleed: that fan within 34 Dole rte ntrainl 35 WHEREAS, while Revenue Sharing is decreasing and while all governments in Alaska are oeeee: m nuciparires 36 facing economic challenges, municipalities must be given the tools in order to cut costs; and Merl write their own 37 Belted: about wham they may exempt and 38 I WHEREAS, of the 34 municipalities that levy a property tax, the exemptions under AS for how mu ch 39 29 45,030 add up to over $50 million per year. Formatted: Foul: Not Bold 40 Formdaee: xot fthlipt 41 JNOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly requests$he Delered:strongly 42 Alaska Municipal League to urge Jhe legislature to repeal the Senior Citizen's/Disabled oelded:that 43 Veteran's Property Tax Exemption (AS 29.45.0300)). Belted: that 44 Beltte:q _ Delei excluding the value from the (,,.I Kodiak Island Borough, Alaska Resolution No. FY2018-09 Page 1 of 2 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 89 of 359 AGENDA ITEM #B.3. 89 I @E IT FURTHER_ RESOLVED that upon adoption, this Resolution shall be submitted to the Foimww.e:Nmwpulpn 90 membership of the Alaska Municipal League for consideration and adoption. 91 92 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 93 THIS DAY OF , 2017. 94 95 KODIAK ISLAND BOROUGH ATTEST. 96 97 98 99 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 100 101 VOTES: 102 Ayes: 103 Noes: 104 Kodiak Island Borough, Alaska Resolution No. FY2018-09 Page 2 of 2 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 90 of 359 AGENDA ITEM #8.3. c O 4- v O L � Q ` Q 4J T � cz O 00 p (Y� Q. — r -I 4A a- j cu o L v 0 LLL U Q • — a) N O =3 4, C: Q) Lnv L Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 91 of 359 AGENDA ITEM #B.3. Resolution No. FY21$o9Requesting p@peLegislature Rep... Page 92yeg G U , ) / j / i § k ƒ ¢ � 7 $ 2 a Q) \ $ � ) . Lj > § � E \ ƒ • 0 7 % E § ƒ o 7 0 ° $ § . @ \ % 2 c & \ m � g E / = 0 k 5 U § @ Ln Ln / / e E E c E o'a E 0 m e f # 2 % / 3 a 2 m // k 0 E 2 k § \ u 2 m \/ 4a 7 0 t / 2 a k Ln 3 / � & / u 2 k k / e - 3 G U g ° R 2 \ 0 -0 ƒ . \ / / e 2 w Ln 2 o = 2 c .g u R- k ) f 0 u 0 5 9 = o ( {§ ° e \ -0 ' Z- ) E ƒ = ( 00 ( 2 ¥ G E m y u 0_ i _ k. 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Page 93 of 359 3 O Q L 0 Ln Ecu a, O X + E m 'p Oa1 C > a aJ Q 4O O E 0 Y CL m O in tLO v >- O O m 0 •� '� 0- m - 0 Q 0 L Q 4J CL Ln _a >- Ln L O Q .0 O L L O O O N Ln = inO 0to '� 4 � O- L Q a) C m a) m — C Ln LJ oA .0 V4O O-0 '0- 0 m G Ln E + w a O O `n w > cu aJ L OJ a1 X 01 7 3 E 0+ p 0 m C a oa O-0 4J 0 U1 m L1 CL O L X a-1 _0 > w m EO LnO >- N m Ln }>+' O �/1 C � � >- •> W > L -O VI L_ Ln Q L X O O al C c U, 0- O in LLJ tai) OL x O u O 0 m vii LnLna a, a)m +1mQmX� 3E GJ Qj 3> > > o a 4, c E L 0 O L W m L O C -a a- v _L �, m aJ 0 a' m a' = � E m a, +� a, Op u N E E� m D a) m p v .r CU a O O E 0-t o 0 > E a, v 3 4- O +� -0 Ln aJ v •a1 i O O Q' C O a to m > ru L m vi p C m O LJ m -0 U +, p- E N c ao o cu E E Ln "_ v o 2 CL 0 x� u O v N p _ a' CL E aJ oa cu C w aJ M LA Ln O O m E O 0 aXi � � > -O 3 moyo4� H � X m O 0- _r s aJ C a) Ln -i Ln W 0 U a� 0 am, U a- B _0 'O ~ -Ln N -0 aj aJ O � `Ln 0 7 v .a' m of 0- E O L 0 0 0 4� m X 6 a) O- . C �n C -0 X aJ O 0 aJ >� -0 +J m O Ln Ln C L O V) Ln E L!'f W 0 X O 4 J -p O E C O +' `� In L m X N M d' l0 O L a1 aJ n E oo ai ai r\ 0 E '� n oo .2 p oo � >. a 7 �n Q1 a� O 4• 01 Ql Ol aJ an L aJ Q0 -1 O X O rl L rl rl Ln rl . -0 m i� r aJ N O Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 93 of 359 AGENDA ITEM #B.3. Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 94 of 359 O O O O d' N 01 u'1 u'1 O Ol ? V? th VT t/l• W .-i O if'1 I- f` � W l0 m Ql m N 00 m O O m lD 00 n N H lD O lD Ql Ql l0 C L i/1- i/F N N M V l0 3 N i/1• Ln in V} i/} O r -I `-I 111 n � 01 O n O O O O O 00 l0 O U"1 N C N I� rl Ol 111 W M 6 a0+ N a+ � £ •f0 lD 00 O 01 � V1 E `o a0+ {/} � M o N v Ln f0 V CL v a r 0 O O N ci i -I Ln � p � O1 V1 111 O Q1 of 111 � Ql r-1 I, u1 0 W W t!1 n n d' N O m 00 l0 O � q O M tT m N o0 a x � > rl Q1 Lf) I� � � f�'1 3 � Ql v m Ql O n � N r` !T N +,. ci N l0 W O Ol '^ lD M l0 00 n N 'o � +h c -i v v � 00 o to of Qi m E�* Y vt�x 4 N � C 0 r9 u W o V v ll� E E a+ c E O 19 � u 3 3 3 n � M W otJ .n i --I � N l0 � Ol i --I oo v m ,� � v io In rn m � v � n � rn o 00 o m v v� 0 In Lo 00 0 o In C a c -I E cY1 vj � a � � � N L N vi v �M-I N c�r1 m a � y � O -o a v x Z Y ao CL a a 0 w 0 E 0 i M -Zt O v1 lD O r, O 11 u1 n nnb00 Ql O � � � � 0 0 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 94 of 359 1 OOOO Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 94 of 359 AGENDA ITEM #B.3. N C O L N cli LO N 0 t10 C T t i+ y W N o L `p O 0 a� a Vf m ++ O H 6 7 0 U U a v 0 d 0 m E O M M I� N (b I- fD Q) oD l!') I- V (A O M (D (D N M O M r 0 0 .. V V r NM to O O O M MN � mm N LOOM W O O] r (D N E f`7 � CO N V N V O V O� M 01 O O) I_ M N O N I� � N M m � N to V N lf7 O) O) O O I� f` M l!) O M I� M V N M fA M N EA r r X O EA V' M to O r 01 M r M R EA M EA r fA r EA EA M � O 11J CO O) � N 6 r EA Oj fA ff-J Efi Ui EA EA EA EA r N � N to fA EA FA fA r x � N F y M Cr) N M M N O O O) 'ct 1� V V R r N W r O] V' O O O M O) C O N r V (O (O O M (D In � V' O N O N V r N � �p V' O V' r p r Cl) N Q O N Ct r M V Q) O O r (O I- O O (A .- (A (U r O OV Cl) l!') .- M r (` C) 19t (O N O) O CO a1 In O h r N r M r I, M V O O O M O) f- O r CO In N LL) N M M CO I� r N V NM I- Q1 r 0 I— N E � O M O f` �� O V O t1') t0 O (O O O �-- N O N co , M V- �N O) V (D r O (O CO Y O N [i' O� O) M r Cl) N N In Eti M r Eti (O w 0 fA M M S (O r (b M N M V fA N EA �--' EA r Esi fA Cl) Q1 O t1] aD � N V .- EA (O fA fff EA EA V> EA EA fA � N X NEA FA EA fA fA fA F EA y I� r m Q) O) W (D M � co O O V V I� � t` (O Q1 r O) N 01 V (fl O M V M O) W O W N .-- In O) O O S O V I, N O N M �- O � U r V' r M V W � — r N N Q co V R N 1� N N N r O In N t!7 W Q) M In O] (O V 1� O) r (O I� � O) (O N V V V (A N M M 117 N r O) M r r 0 Q1 O O CO In r O N p M (O I- W I- cr Ln 6 N N M co l!] O Q) N O f0 (b r E O O M Q) (A D) M O) O N V' O O O l!7 N O aD 07 r tt) O N (D (fl CO N r V' O CO (b (O V Q) N r r V' N r V N M r r� fA N O fA M r X r EA N N N M O N M Ffl V MEA r fA ER r EA M M O LLJ � r � N V r Efl � fA FA EA EA EA EA FA FA M N � NEA EA EA fA EA 69 Cl) X _ EA y� O M D1 In O r M r O co r co M I� t` co ICY - � N C O) N M O r p r O O r 0 0 0 V O A I� N O r N �-- (O Cl) W M r N� f0 O V O) r' N LL] N r � r V r M r M M � p — r N N Q L L L _ C � O N O > L > > O f0 vl � �p O O C @ m O O O cr L O Y N l0 Y cl ca 0 o � 0 mL -- 3 m v U¢ �� N m 3 0� L w .= O m Z O O C U C M m` 0 0== y0 += O` N f0 � O = O O •C N O Y m 0�@ y y 0 0 0 �p O O E N N m C y m d Y Y 7 in a m m m� L C G y N N� V O� N �S '� L N A L O KS ,V aS 4i O N O O@ Q7 V1 C U :D v C a C C E U N 'O � [6 2 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 95 of 359 O❑ L 0 m Li 2 Y Y Y� Z U `� U U N C O L N cli LO N 0 t10 C T t i+ y W N o L `p O 0 a� a Vf m ++ O H 6 7 0 U U a v 0 d 0 m E O M M I� N (b I- fD Q) oD l!') I- V (A O M (D (D N M O M r 0 0 .. V V r NM to O O O M MN � mm N LOOM W O O] r (D N E f`7 � CO N V N V O V O� M 01 O O) I_ M N O N I� � N M m � N to V N lf7 O) O) O O I� f` M l!) O M I� M V N M fA M N EA r r X O EA V' M to O r 01 M r M R EA M EA r fA r EA EA M � O 11J CO O) � N 6 r EA Oj fA ff-J Efi Ui EA EA EA EA r N � N to fA EA FA fA r x � N F y M Cr) N M M N O O O) 'ct 1� V V R r N W r O] V' O O O M O) C O N r V (O (O O M (D In � V' O N O N V r N � �p V' O V' r p r Cl) N Q O N Ct r M V Q) O O r (O I- O O (A .- (A (U r O OV Cl) l!') .- M r (` C) 19t (O N O) O CO a1 In O h r N r M r I, M V O O O M O) f- O r CO In N LL) N M M CO I� r N V NM I- Q1 r 0 I— N E � O M O f` �� O V O t1') t0 O (O O O �-- N O N co , M V- �N O) V (D r O (O CO Y O N [i' O� O) M r Cl) N N In Eti M r Eti (O w 0 fA M M S (O r (b M N M V fA N EA �--' EA r Esi fA Cl) Q1 O t1] aD � N V .- EA (O fA fff EA EA V> EA EA fA � N X NEA FA EA fA fA fA F EA y I� r m Q) O) W (D M � co O O V V I� � t` (O Q1 r O) N 01 V (fl O M V M O) W O W N .-- In O) O O S O V I, N O N M �- O � U r V' r M V W � — r N N Q co V R N 1� N N N r O In N t!7 W Q) M In O] (O V 1� O) r (O I� � O) (O N V V V (A N M M 117 N r O) M r r 0 Q1 O O CO In r O N p M (O I- W I- cr Ln 6 N N M co l!] O Q) N O f0 (b r E O O M Q) (A D) M O) O N V' O O O l!7 N O aD 07 r tt) O N (D (fl CO N r V' O CO (b (O V Q) N r r V' N r V N M r r� fA N O fA M r X r EA N N N M O N M Ffl V MEA r fA ER r EA M M O LLJ � r � N V r Efl � fA FA EA EA EA EA FA FA M N � NEA EA EA fA EA 69 Cl) X _ EA y� O M D1 In O r M r O co r co M I� t` co ICY - � N C O) N M O r p r O O r 0 0 0 V O A I� N O r N �-- (O Cl) W M r N� f0 O V O) r' N LL] N r � r V r M r M M � p — r N N Q L L L _ C � O N O > L > > O f0 vl � �p O O C @ m O O O cr L O Y N l0 Y cl ca 0 o � 0 mL -- 3 m v U¢ �� N m 3 0� L w .= O m Z O O C U C M m` 0 0== y0 += O` N f0 � O = O O •C N O Y m 0�@ y y 0 0 0 �p O O E N N m C y m d Y Y 7 in a m m m� L C G y N N� V O� N �S '� L N A L O KS ,V aS 4i O N O O@ Q7 V1 C U :D v C a C C E U N 'O � [6 2 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 95 of 359 AGENDA ITEM #B.3. Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 96 of 359 M N O J a O O O O O O O Q N U v v N a Yv`i O `! w Qj o c > 0 3 j,�-� "o c c y o c O c m c o o '� m O O N u1 l0 �-I i -I m n = E « o � 00 00 � c -I I� Lrl Ln E o ; E v v m c• -I c -i � -I c --I m Z' E o �I v E c m t/} i/} y/} v Y> L > ry N c � C J > 0 y v v 3 vcc L '^ Oa O1 L y U C C G C C C C N al W O O O O O O O Q. O O L � O O 0010 c m �U -C OLL lD l0 Lf1 Q O >.O T N Q C N C M C O `^ O O O M N tll O M c E r c u 4- Q o y Y L Q L L E o N u V} V} V} L!'I M N O o 3 w s c cc -o 10 � Ol c -I r�-I C � i., N al J w L� O J � m LL LL LL LL LL LL O L 0 C1 .= p Y = >. ..' a °;E m °E m .Q = p E c m c o �, CU ,c c Ou C N w C 0. v 0 c v o E o v o Q N N 06 c a x - c e « _ � Q U v a 0 E � LA 01 a o v o Y E o. v� io'c �v cu U �> o o c E c c o c al v « O n- E E O J m T Y Y Ln v v ra is c � E v E Oi L C a vi J 2 N =,E0 O N A ++ w E m c al 0 3 r v m e H 'a °" vi J T N `m L c - v E C O u J C a O> ci L N 0 O m O d L O c .Y U °° N 3 M GUJ b-2 i v s C w u E '- c c t .c-. M c C L O N v 7 �! J W `m `n Q J E r v > E o - $ m > c v o L a a a>i Y-' 3 ccc w c a c m E E v j c E E a E.c t av o '> E c N m m E«- c E o 0 E u° E u cc v a ° o ` v o m E ro 'v> - v v M v aa U H HL+ EL, v* A U u Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 96 of 359 � � U O C C C O X 0 0 O L � O O N -C OLL lD l0 Lf1 Q Q O V? �} Q Q L 10 � Ol c -I r�-I r�-I � LL LL LL LL LL LL LL Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 96 of 359 AGENDA 7££ #B.3. Resolution No. FY 21$09 Requesting That The Legislature Rep... G@ 97 of 359 � 0 e -a ` ) k ° U t $ \ ) C: m � ) L- - < •p \ [ 'e E g / cli E � /</ ¢/ E m E[ p $ 5 0 e m 2Clj m o / q / ° ƒ 0 / 'E G E ° 2 B § U o ° ® E 3 5_ R E-0 § f 2 > c e > g 7 E ) E E / > u ƒ ' $ 3 E E / m \ $ 40 \ o % 2 ° e /% u CO e p E E E $ e o'e o 0 2 e o 2= 7 2 g/% 2 2° cA E ° \ ° u ƒ � © § © G % o Q -0 m E@ U c § 4— £ w= / \ / $ ' o \ � m & § 2 CO 0 @ u \ ¥ § < > " ƒ \ � U ƒ 2§ C k 3 4a ) E / = § \ ci R ) U % e u .e M # -0 2 .§Ln 0 G § � 5 ƒ % M 2 0- u 5 E > E E L U q § 0 cl U-\ E k \ k 0 5 � . . . . Resolution No. FY 21$09 Requesting That The Legislature Rep... G@ 97 of 359 AGENDA ITEM #B.3. Resolution No. FY 218-09Requesting That The Legislature Rep... m@ 98 of 359 k 0 ~ R a e E o $m 7 e @ / $ 5 5E 2 \ o Ln (Ij§ 2 C ( / \ 0 2 CL /� \\/ 2 / ) y [ § / / 2 � § / > \ § / � � Qj § Ln § ? E / 2 % u % W > / % $ ° 7 / § c 3 0 = n § c 3 & >.@ m E = ° 0 f B k / ƒ / � $ / > R ° § 5 ) e % / a Ln g 2 2 B _$ 2 G 2 7 E \ o E 2 E / ° Ln � k / � .E m y s& E a 2 \ GJ Ln& 5 e a o D § » 3 k C 0 � � � q / °@ c 4 e\ g u o/ e 2 a m/ ow e _ _ _ m 9 ° \ / ° 0 \Lr)/ 7 01 LA ° ®9 e 3 ® ) Ln \ § % § y \ ¢ Ln . . Resolution No. FY 218-09Requesting That The Legislature Rep... m@ 98 of 359 AGENDA ITEM #B.3. Resolution No. FY3,aogRequesting pGpeLeg.tuemR. Page 99e59 \ /4-1CU y 73 R C)° / 2 � \ ( § (IJ m ( � 4-0 _0fe � ct R ) S ° \ ƒ E Ln � '{ \ / 3 / 0 ° 4 ® / ) © E °\ C) § ° a t K f 7 \ \ w » 2 2 A v \ $e 2 2 u <# % U X 0 o f / '/ _ R '\ ° 2 % § tm � §ƒ ¥ y E 0 J o k . u tn Qj §\ Q /- E/ m) 2 k Jtn £ 2 e ' � / § / S m ® ) U q 2> cE m o r- @ § I n2 -0 / » 3&/ E L 0 y � U0,§ a m ul / Ln C)[ c \ 2 CL / ° = § m m m 3 a a A \ 4-1 # � $ § m k u — e -a / ° � E E & a i $ x E > ƒ 3 ƒ \ e ICU k 2 k k §\ § Q k Resolution No. FY3,aogRequesting pGpeLeg.tuemR. Page 99e59 Vf i U E] 00 m m m 2 O v (twD ro ro CL t 9 L ba m c M C L O OJ O 3 OJ O ++ O c O O Ln U M L m Q! L +_ C O C C O 3 CL E Oi x w F, am+ O O t C a to CL C O :6 ao L C {A4-1 f6 C •V_ L u' E AGENDA ITEM #B.3. C 0 : :3� 3 0 s 4-0 s •O. O U L V Y- ro C u Oc� O G O. m E 7 X M N OJ j a X V !_ 4�+ M N V a t u CL a E O in E L f c }I L OJ V aJ O 7 •` C X N U tn t C 4J O a O c 4.0 L Ln t CLCL a � .O a f0 4, v - O C ru O O p 4 7 0 Ln(v n ri C C C j ° u v 4- O m E c 41 V— aL+ m O •3 a) C U Y Ol 7 W M L! Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 100 of 359 a, Y N = z C •� U U C 'L a O N C 0 a x a, o 0 a M N =_ OJ C N x O 00 m OJ s mo U a) N m CO MO O L O O OJ s 2 U 'C,, a O L -0 C a a1 0 Q) s kn t + a O U fL9 O > LC L 0 C L y m L O aJ OJ C O E •N N C O C m N x aJ •C L °1 U N y V,0 ` o V) L E f0 a, U •— O ca L to C C ° a ++ C 7 p U E —t 0 0 O C 3 O1 a v to E x OJ LU Z C ai -0 — U aJ -C OJ t Y fa v 'B X x cu + _ it 4! Gi a y 0 C C O O t0 LO E ro U T C a U ? O N r O r+ ro 4-- O s Y to a, cu da a, 3 C O �a :E o a) a1 U Ny aJ a OJ+ 'C cu m a,=E L (0 C sU — v L a ar a M V 3'y ° ai 'v 'U C L O v 'o O E 'E N m CL U w C h C m Q C N � O ++ ro C 2 0 U° E O E m . AGENDA ITEM #B.3. C 0 : :3� 3 0 s 4-0 s •O. O U L V Y- ro C u Oc� O G O. m E 7 X M N OJ j a X V !_ 4�+ M N V a t u CL a E O in E L f c }I L OJ V aJ O 7 •` C X N U tn t C 4J O a O c 4.0 L Ln t CLCL a � .O a f0 4, v - O C ru O O p 4 7 0 Ln(v n ri C C C j ° u v 4- O m E c 41 V— aL+ m O •3 a) C U Y Ol 7 W M L! Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 100 of 359 N = C •� O N a x a, ate. N roC OJ O x O O m OJ U C N Y MO O L O ? O s _ — a O E m a v 0 Q) s kn t + a O U fL9 •a7 t)n LC L C 'D L E m L O aJ OJ C O =_ t�j L N N 3 C m 3 ° a, 0 +v m V,0 O N L C) E° a, °o s O O" C U 0 ++ 0 O E 12 0 0 0 a O1 U T E x OJ v Y m ai -0 N OJ v y v 'B 'a O it 4! O y 0 .0 O '�v E� LO E o •° 3 r a c ° a a, v E a, E �a a) OJ+ 'C CL 3 L (0 C t 0 C aJ O LL U M V c ro ° ai '� cu N L U (a a C v1 to c CU m Q •.N T C ° •C O aJ N V w 0 -0 m C 7 AGENDA ITEM #B.3. C 0 : :3� 3 0 s 4-0 s •O. O U L V Y- ro C u Oc� O G O. m E 7 X M N OJ j a X V !_ 4�+ M N V a t u CL a E O in E L f c }I L OJ V aJ O 7 •` C X N U tn t C 4J O a O c 4.0 L Ln t CLCL a � .O a f0 4, v - O C ru O O p 4 7 0 Ln(v n ri C C C j ° u v 4- O m E c 41 V— aL+ m O •3 a) C U Y Ol 7 W M L! Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 100 of 359 AGENDA ITEM #8.3. Resolution No. FY2018-09 Requesting That The Legislature Rep... page 101 of 359 ti O O Ln _0 ao Ln O+ -;c C O ro O O L O O ur1 30 C i? E Q E Ln 4• O +' + r6 i 4J X Qj tw cn O Vi 'a i- -C 4' LO L u O }+ L O tl0 C > ru }O— C Q L O O U (D tw E O O Oru Q- L O f O 'O •� L Wc- U1 > U -C LnN a) aJ +� E t C v C c C a•' E aJ v m �CL Vf 4— O X O O -C v y Q v) aJ .,_, M + o C 4. 4J Ln L .;, Q to U r0 C U Q (Up E NC to aJ EO � 0 L ,n 41 O U C N .Q = O Q Y y=. cu ru 4- Ora U O N N U O +- O c aJ C E -C — 4- N cu U -1 C N — Ln aJ U U N (� O ULn C Vn L Q. C +� 3 +•+ c Q +' _ r0 C -O OL 4� f0 a••+ fu C 4J .0 r0 O O a O_ Q Q ' x L .Q O �, � +, � � � E _ •c c i v N cu o u v m E > aC°i > o a°J +� o M � t7 E L7 a Y a m Resolution No. FY2018-09 Requesting That The Legislature Rep... page 101 of 359 Included by request of Assembly Member Smiley AGENDA ITEM #B.3. 29 -LS 1335\11 HOUSE BILL NO. 338 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTY-NINTH LEGISLATURE - SECOND SESSION BY REPRESENTATIVE SEATON Introduced: 2/24/14 Referred: Community and RegionalAffairs A BILL FOR AN ACT ENTITLED I "An Act relating to the municipal property tax exemption on the residence of a senior, a 2 disabled veteran, and a widow or widower of a senior or disabled veteran; and 3 providing for an effective date." 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 6 7 8 9 10 11 12 13 14 * Section 1. AS 29.45.030(e) is amended to read: (e) The real property owned and occupied as the primary residence and permanent place of abode by a resident who is (1) [65 YEARS OF AGE OR OLDER; (2)] a disabled veteran; or (2) [(3)] at least 60 years of age and the widow or widower of a person who qualified for an exemption under (I) [OR (2)] of this subsection is exempt from taxation on the first $150,000 of the assessed value of the real property. A municipality may by ordinance [APPROVED BY THE VOTERS] grant the exemption under this subsection to the widow or widower under 60 years of age of a person who qualified for an exemption under (1) [(2)] of this subsection or to a resident who is the widow or widower of a person who dies from a service -connected 11110338a -1- 1113 338 New Tex[ Underlined [DELETED TEXT BRACKETED] Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 102 of 359 AGENDA ITEM #B. 3. 29-LS1335\11 I cause sustained while serving as a member of the United States armed forces or as a 2 member of the National Guard. A municipality may, in case of hardship, provide for 3 exemption beyond the first $150,000 of assessed value in accordance with regulations 4 of the department. Only one exemption may be granted for the same property, and, if 5 two or more persons are eligible for an exemption for the same property, the parties 6 shall decide between or among themselves who is to receive the benefit of the 7 exemption. Real property may not be exempted under this subsection if the assessor 8 determines, after notice and hearing to the parties, that the property was conveyed to 9 the applicant primarily for the purpose of obtaining the exemption. The determination 10 of the assessor may be appealed under AS 44.62.560 - 44.62.570. A municipality shall I I determine the eligibility requirements and application procedure for an optional 12 exemption provided under this subsection. In this subsection, "widow or widower" 13 means a person whose spouse has died and who has not remarried. 14 * Sec. 2. AS 29.45.050(1) is amended to read: 15 (i) A municipality may by ordinance [APPROVED BY THE VOTERS] 16 exempt from taxation 17 fU the assessed value that exceeds $150,000 of real property owned 18 and occupied as a permanent place of abode by a resident who is 19 LAI [(1) 65 YEARS OF AGE OR OLDER; (2)] a disabled 20 veteran, including a person who was disabled in the line of duty while serving 21 in the Alaska Territorial Guard; or 22 jB] [(3)] at least 60 years old and a widow or widower of a 23 person who qualified for an exemption under LAI [(I) OR (2)] of this 24 paragraph:or 25 (2) all or part of the assessed value of real property owned and 26 occupied as a permanent place of abode by a resident who is 27 (A) 65 years of age or older: or 28 (B) 60 years of aee or older and a widow or widower of a 29 person who qualified for an exemption under (A) of this paragraph 30 [SUBSECTION]. 31 * Sec. 3. This Act takes effect January 1, 2017. HB 338 -2- HB0338a New Text Underlined (DELETED TEXT BRACKETED] Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 103 of 359 AGENDA ITEM #B.3. Kyle Crow From: Doug Letch <Doug.Letch@akleg.gov> Sent: Friday, March 10, 201710:16 AM To: KyleCmw Subject: RE: AML Resolution #2016-04 HI again Representative Seaton's bill died with the end of the session last year. He's got his hands full as Co -Chair of House Finance this year, and they're deep into their budget discussions right now. I'll see if I can get a sense on whether he is looking at this again. It might be worth your time to talk to the AML to see if they are still working on this and if they've talked to specific legislators. The big focus is the budget and fiscal planning right now, but this issue has come up over the years. Doug From: KyleCrow Imailto:kvlecrow@vahoo.coml Sent: Friday, March 10, 2017 10:02 AM To: Doug Letch <Doug.Letch@akle¢.aov> Subject: Re: AML Resolution #2016-04 Doug, Thank you very much for this info. So am I to understand that this is currently a dead issue at the legislature? Or in suspended animation perhaps? If so can you suggest a way for me to wake it? Perhaps get the AML to resubmit it? Is this something Gary or Louise might be willing to assist with? Thanks again Kyle Sent from my Whone On Mar 10, 2017, at 9:40 AM, Doug Latch <Doug.Letch(r)aklee.gov> wrote: Hi Kyle, Sorry to not get back to you sooner. I was out sick yesterday and unable to get to email. The statute is still in effect. Homer Representative Seaton introduced a bill last year (HB 338) but it did not advance from the House Community and Regional Affairs Committee and died Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 104 of 359 AGENDA ITEM #8.3. with the end of the 291h legislature. In his sponsor statement for the bill, Rep. Seaton notes that the last time the State provided reimbursement for lost revenue was 1997. To date, there is not similar legislation in the works. Please let me know if I can be of any further assistance. Best regards, Doug From: Kyle Crow rmailto:kvlecrowevahoo.coml Sent: Wednesday, March 08, 2017 9:54 PM To: Doug Letch <Dous.Letch(@.aklea.eov> Subject: AML Resolution #2016-04 Doug, The Alaska Municipal League approved Resolution #2016-04 requested that the Legislature repeal the Senior Citizen/Disabled Veteran's Property Tax Exemption (AS 29.45.030(g)) excluding the value from the determination under AS 14.17.510, giving control to local Governments for those fiscal decisions. This was signed on 11/20/15. I've attached a copy. I checked the statutes today and it appeared to me that this has not yet been done. Can you tell me where this is in the process, or give me some idea about it? Perhaps I'm just not reading the current statute right. Is the State fully reimbursing the municipalities for this? If not how much has the State reduced the full reimbursement? Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 105 of 359 AGENDA ITEM #B.3. At some point, if and when allowed I would like to draft an ordinance changing the Kodiak Island Borough code to only allow an exemption for those persons who are economically disadvantaged and need it. Thanks Kyle Crow (907)738-9283 Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 106 of 359 AGENDA ITEM #B.3. at+s suussa Puiw, Burrs zoo J - Juneau, Alaska 99801 Tel (907) 586.1325 • Fax (907) 463-5480 • www.akmi.org ALASKA MUNICIPAL LEAGUE RESOLUTION #2016-04 A RESOLUTION REQUESTING THAT THE LEGISLATURE REPEAL THE SENIOR CITIZENS/DISABLED VETERAN'S PROPERTY TAX EXEMPTION (AS 29.45.030(g)), EXCLUDING THE VALUE FROM THE DETERMINATION UNDER AS 14.17.510, GIVING CONTROL TO LOCAL GOVERNMENTS FOR THOSE FISCAL DECISIONS WHEREAS, in the 1960s, the State of Alaska imposed a mandate that required all municipalities that levy a property tax to exempt the first $150,000 value of primary homes belonging to seniors and disabled veterans, from their property tax; and WHEREAS, property tax exemptions raise the property tax liability to those individuals who do not receive the benefits of those exemptions; and WHEREAS, the State of Alaska also passed a law in statute that requires the State to reimburse municipalities for those exemptions; and WHEREAS, not long after passage of AS 29.45.030(g), the State of Alaska felt they could no longer reimburse municipalities; and WHEREAS, the State of Alaska, however, did not relax the mandate requiring municipalities to continue to exempt; and WHEREAS, the members of the Alaska Municipal League feel that municipalities know best what their fiscal situation is and are better able to dictate exemptions that fall within their budget restraints; and WHEREAS, municipalities can write their own ordinances about whom they may exempt and for how much; and WHEREAS, while Revenue Sharing is decreasing and while all governments in Alaska are facing economic challenges, municipalities must be given the tools in order to cut costs; and WHEREAS, of the 34 municipalities that levy a property tax, the exemptions add up to over $60 million per year. NOW, THEREFORE BE IT RESOLVED that the Alaska Municipal League requests that the legislature repeal the Senior Citizen's/Disabled Veteran's Property Tax Exemption Member of the National League of Cities and the National Association of Counties Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 107 of 359 AGENDA ITEM #B.3. (AS 29.45.030(g), excluding the value from the determination under AS 14.17.510, giving control to local governments for those fiscal decisions. PASSED AND APPROVED by the Alaska Municipal League on this 20th day of November, 2015. Signed: Bob Harcharek, President, Alaska Municipal League Attest: Kathie Wasserman, Executive Director, Alaska Municipal League Resolution No. FY2018-09 Requesting That The Legislature Rep... Page 108 of 359 AGENDA ITEM #C. 1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 3, 2017 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Nixed CommerciaVWaterfront/Residential (P&Z Case No. 17-025). ORIGINATOR: Jack Maker RECOMMENDATION: Move to advance Ordinance No. FY2018-05 to public hearing at the next regular meeting of the Assembly. DISCUSSION: This Comprehensive Plan Future Land Use Designation change request and subsequent rezone request (P&Z Case No. 17-026) are the result of a substantiated complaint regarding the operation of a commercial lodge on R1 -Single-family Residential zoned Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision (a prohibited use in that zoning district). A commercial lodge (Kodiak Legends Lodge) has operated on lot 1A since 1998. Since 2009, related lodge activities have expanded onto adjacent Lots 2, 3, and 4. The applicant desires to continue the existing lodge operation. To legally do so, the subject lots must be rezoned from R1 -Single-family Residential to B -Business. Although B -Business zoning is consistent with various objectives of the adopted Comprehensive Plan, it is not consistentwith the Residential Future Land Use Designation assigned to the lots. Accordingly, that designation must be changed to a designation that is consistent with B -Business zoning. The requested Mixed Commercial/Waterfront/Residential designation is consistentwith B -Business zoning. The Planning and Zoning Commission held a public hearing on this request at their April 19, 2017 regular meeting. The Commission, after hearing public comment opposing the amendment, voted to postpone the request to the June 21, 2017 regular meeting. The intent of the postponement was to allow sufficient time for additional input from the City of Larsen bay and residents. In an effort to solicit additional public input, the June 21, 2017 public hearing was advertised to all listed Larsen Bay property owners. After that public hearing, the Commission, voted unanimously to divide the request by separating the proposed 2008 Comprehensive Plan amendment for Lot 1A from Lots 2, 3, and 4. The question was divided to accommodate addressing the long standing lodge use separtely from the more recently expanded lodge related activities. The Commission then voted unanimously to recommend that the Assembly approve the 2008 Comprehensive Plan amendmentfor lot 1A and postponed the proposed amendment for Lots 2, 3, and 4 to their April 19, 2018 regular meeting The intent of the postponement is to allow sufficient time for further input on the more recently established lodge related activities taking place on those lots and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan as it pertains to the establishement of Kodiak Island Borough Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 109 of 359 AGENDA ITEM #C.1. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 3, 2017 r.. ASSEMBLY REGULAR MEETING �v new lodges in that community. Accordingly, the ordinance before the Assemblyonly applies to Lot 1A. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 110 of 359 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #C. 1. Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: 08/03/2017 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-05 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RESIDENTIAL TO MIXED COMMERCIAL / WATERFRONT / RESIDENTIAL (P&Z CASE NO. 17-025) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/ Residential; and WHEREAS, the request was submitted in an effort to bring an existing nonconforming commercial lodge operation into compliance with Title 17 (Zoning) of the Borough Code; and WHEREAS, the aforementioned commercial lodge has been in operation on Lot 1A since construction of the main lodge building in 1998 and, since 2009, has expanded onto Lots 2, 3, and 4; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-07 Page 1 of 3 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 111 of 359 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 AGENDA ITEM #C.1. NHEREAS, on April 19, 2017, at an advertised public hearing consistent with Kodiak Island 3orough Code 17.205.040, the Planning and Zoning Commission considered the merits of the ?008 Comprehensive Plan amendment request; and NHEREAS, after receiving public testimony in opposition of the proposed 2008 comprehensive Plan amendment, the Planning and Zoning Commission voted to postpone the ,equest to the June 21, 2017 regular meeting to allow additional time for further public input; and WHEREAS, at a June 21, 2017 public hearing that was advertised to all property owners in the City of Larsen Bay, the Planning and Zoning Commission further considered the merits of the 2008 Comprehensive Plan amendment request; and WHEREAS, the Planning and Zoning Commission, in an effort to separately address the longstanding commercial lodge use from the more recently expanded lodge use, voted to divide the request by separating the proposed 2008 Comprehensive Plan amendment for Lot 1A from Lots 2, 3, and 4; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the 2008 Comprehensive Plan Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be changed from Residential to Mixed CommercialNVaterfront/Residential, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission voted to postpone the Comprehensive Plan amendment request for Lots 2, 3, and 4 to the April 19, 2018 regular meeting to allow sufficient time for further input by the City of Larsen Bay and residents and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Borough Assembly considered the merits of the Comprehensive Plan amendment request as it applies Lot 1A, Block 3, Tract A, Larsen Bay Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision is hereby changed from Residential to Mixed Com merciaV W aterfronUResidentlal. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. Kodiak Island Borough, Alaska Ordinance No. FY2018-07 Deletion — Red, Strikeout Page 2 of 3 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 112 of 359 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 AGENDA ITEM #C.1. 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B - Business zoning. B -Business zoning Is not consistent with the Residential Future Land Use Designation assigned to the lot. Accordingly, the Future Land Use Designation of the lot must be changed to a designation that is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lot is situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed CommercialNVaterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The amendment will facilitate a rezone to B -Business that will allow the existing lodge use to continue. The lot is also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment Is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. Effective Date: This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the as -built survey and zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier. MMC. Clerk Ordinance No. FY2018-07 Page 3 of 3 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 113 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 KIB Future Land Use Designation Map WE 5 Legend Current Future Land Use Designation of Subject Parcels is Residential 11 St. . ; f115 �13 2 14 r 2 1 12� 9 3�4 ff- -,'- o SP GO 4 1 Kodiak Island Borough - Larsen Bay: Proposed Future Conservation M Ind shin Lghi Residential Industrial M Commercial ® Wmed ComrnarclaV ® Public Use Weterkonil Reakkwdlet Kpolak Waal Borough GM Commeahy UwelapmenteeparanenI .—.A¢efa peat' Mp.ft wkodakakuslg'e 199710969]]7 b b W �'W p'ae`an pn bpauepaunume �amm�alrocKe Ryklal VhYa Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 114 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 ., KIB Location & Zoning Map \% E `j'4' S� 5 - nd Zoning Parquatilt. A tornprefunishre Plan amendment to c DesignationLocation a ,Case No. 17-025 the Future Land Use Black 3. Tract A, Bay Subdivision from Resid4 pplicant: UYAK Say LLC and Bruce Kososki Larsen 'Agent: Chad Elmer to Mixed Commorcial[Waterfront/ResidentiaI (KlaG 17. Legend Subject Parcels Zoned R7 z 7 0 Zoning Legend __. Public Use Lands [_ ] Rural Residential 1 Multi Family Residential Light Industrial Q Watenhed 0 Rural Residential 2 _ Business Rural Neighborhood Commercial l-7 Conservation ] ] Single Family Residential Retail Business Urban Neighborhood Commercial Rural Residential L_1 Two Family Residential Industrial [ Natural Use Kodiak Island Borough GIs hnp(I. kodakak W915 10071 486 9337 Community Development Department 1, wxv.nwMW a an, m r ra i. poi in.mna 1 r ipni �np.wni�im+ =a. Acceaa Roam � Unmmwtled Rpht W V44yn Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 115 of 359 r%lo lnlayc wVwl lay neap ET 5 Image Overlay Request: A Comprehensive Plan amendment to change Case No. 17-025 the Future Land Use Designation of Lots 1A, 2, 3, and 4, Applicant: UYAK Bay LLC and Bruce Kososki Block 3, Tract A, Larsen Bay Subdivision from Resident! Agent: Chad Elmer to Mixed Commercial/Waterfront/Residential (KIBC 17.2( 20 a, z 101 �. � a r_1 96. J AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING'. JUNE 21. 2017 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-025. A Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No.17-026). DATE: June 15, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 21, 2017 Regular Meeting CASE: 17-025 APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer LOCATION: NHN Second Street at northeast portion of the City of Larsen Bay LEGAL DSC: Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision ZONING: R1 -Single-family Residential FUTURE LAND USE DESIGNATION: Residential NOTICE: Thirty-one (31) public hearing notices were mailed on March 6, 2017 and ninety- two (92) public hearing notices were mailed on May 3, 2017. Seven (7) public hearing notices (one (1) signed by twenty-two (22) residents) were returned as of the date this report was prepared. STAFF ANALYSIS At the June 14, 2017 work session, the Commission suggested the following with regard to this request: 1. Divide the main motion by separating the request to change the Comprehensive Plan Future Land Use Designation of Lot 1A from Lots 2, 3, and 4; 2. Increase the Lot 1A draft amendment ordinance effective clause timeframe from 24 months to 36 months. 3. Increase the postponement timeframe for the Comprehensive Plan Future Land Use Designation change of lots 2, 3, and 4 from 90 days to 180 days. The below recommendation, motions, and attached draft ordinance have been revised to reflect all of the above. RECOMMENDATION Staff recommends the following: 1. Division of the main motion to separate the Comprehensive Plan Future Land Use Designation change of Lot 1A from Lots 2, 3, and 4. 2. Forwarding the Comprehensive Plan amendment request for Lot 1A, Block 3, Tract A, Larsen Bay Subdivision to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective clause. 3. Postponing the Comprehensive Plan amendment request for Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision to the December 20, 2017 regular meeting. Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 117 of 359 AGENDA ITEM #C. 1. pN PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 Y Q 0 Ilk ALASKA CURRENT MOTION ON THE FLOOR Move to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fad listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fad" for Case No. 17-025. MOTION TO DIVIDE Should the Commission agree with the staff recommendation, the appropriate motion is: Move to divide the motion into two parts as follows; 1) Move to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025 as it applies to said lot; and 2) Move to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025 as it applies to said lots. Should this motion be approved, staff recommends Case No. 17-025 Motion No. 1 be amended to refer to the revised findings of fact listed in this report as follows: MOTION TO AMEND Move to amend Case No. 17-025 Motion No. 1 by inserting "supplemental" before "staff report" and by striking "March 31, 2017" and inserting "June 15, 2017." Staff recommends that both the motion to amend and the main motion, as amended, be approved. Staff recommends Case No. 17-025 motion No. 2 be postponed as follows: MOTION TO POSTPONE Move to postpone Case No. 17-025 motion No. 2 to the December 20, 2017 regular meeting. FINDINGS OF FACT FOR CASE NO. 17.025 MOTION NO. 1 (KIBC 17.205.020.A -C) 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B - Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lot. Accordingly, the Future Land Use Designation of Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 118 of 359 AGENDA ITEM #C. 1. gy�No eago0 O 1 PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 ALASKA the lot must be changed to a designation that is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lot is situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed CommerciaUWaterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The amendment will facilitate a rezone to B -Business that will allow the existing lodge use to continue. The lot is also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. S. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 119 of 359 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #C. 1. PUBLIC HEARING REM 7-A P B Z REGULAR MEETING: JUNE 21, 2017 Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RESIDENTIAL TO MIXED COMMERCIAL / WATERFRONT / RESIDENTIAL (P&Z CASE NO. 17-025) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the 2008 Comprehensive Plan amendment request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the 2008 Comprehensive Plan Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be changed from Residential to Mixed Commercial/Waterfront/Residential, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 1 of 3 Insertion — Bold, Blue, Underlined Case No. 17.025 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 120 of 359 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 WHEREAS, the Planning and Zoning Commission hereby recommends that this amendment be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision is hereby changed from Residential to Mixed Co m mercial/ W ate rfronUR es i de ntia I. Section 3: This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the as -built survey and zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B - Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lot. Accordingly, the Future Land Use Designation of the lot must be changed to a designation that is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lot is situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed Commercial/Waterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The amendment will facilitate a rezone to B -Business that will allow the existing lodge use to continue. The lot is also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 2 of 3 Insertion — Bold, Blue, Underlined Case No. 17-025 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 121 of 359 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: ATTEST: Nova M. Javier, MMC, Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Casa No. 17-025 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 122 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 City of Larsen Bay P.O. Box 8 Larsen Bay, AK 99624 (907) 847-2211 Fax (907) 847-2239 Email: cityo0arsenbav@aol.com Resolution 17-11 A RESOLUTION OPPOSING AND REQUESTS A MORATORIUM ON KODIAK ISLAND BOROUGH REZONING CASES 17-025, 17-026, AND 17-30 WHEREAS, the Larsen Bay City Council is a governing body of the City of Larsen Bay, and; WHEREAS, the City participated In a community meeting for the review of our Comprehensive Plan in 2008,and; WHEREAS, the current Comprehensive Plan does not allow for a large amount of property to be rezoned, and; WHEREAS, the City received several notices regarding rezoning of residential property, and; THEREFORE IT BE RESOLVED: they City Council of Larsen Bay would like to place a moratorium on these rezoning cases, and; THEREFORE IT BE FURTHER RESOLVED: the community of Larsen Bay would like to request another formal review of our Comprehensive Plan with the borough, just the same as it was done in 2008. PASSED and ADOPTED by a duly constituted quorum of the Larsen Bay City Council this 14th of June. 2017 % SIGNED: 1 (Mayor) q, ATTt�-.D Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 123 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 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, June 21, 2017. The meeting will begin at 6:30 p.m. In the Borough Assembly Chambers, 710 MITI Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 17-025 (Postponed at the April 19, 2017 regular meeting) APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer REQUEST: A Comprehensive Plan Amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Be,, Subdivision from Residential to Mixed CommerclaVWaterfronVResidentlal (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No.17-026). LOCATION: Northeast portion of the City of Larsen Bay ZONING: Rt -Single-family Residential This native is being sent to you because our records indicate you are a property ownerfinteresled party i the area of the request. If you do not wish to testify verbally, you may provide your comments In tin (/J space below or in a letter to the Community Development Department. Written comments must b jived by 5 pm, Tuesday, June 6. 2017 to be considered by the commission. If you Would like to your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ithekodiakak.us. If you would like to testify via telephone, please call In your comments during appropriate public hearing section of the meeting. The local call-in telephone number Is 486- 1. The toil free telephone number is 1-855-492-9202. week prior to the regular meeting, on Wednesday, June 14, 2017, a work session will be held at 6:30 in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. iak Island Borough Code provides you with specific appeal rights if you disagree with the emission's decision on this request. If you have any questions out the request or your appeal Is, pleasefeelfree to call us at 486-93fi3 ��rA Q(t)pC,{ U� n _ 99 b"2; o L the CanbU EI tP�lAlrJf plLt rt o 6u�L DIIIo-yc� u/°fl ✓�-�-� l,(yq•f r ��Jll�/r yl+ C se 7-q$5 / I .5 MQ/YI� D IAILt�/ 'tVF�� ,n len �J-�nna'1isVe ,4 f)Tl(r ,Dr,I ? P, nAen ttu, Al rd !i MI y'ilm rrn t Oa R,1 f11A nil Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 124 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A City Counc(I Meeting MinutesP 2, Z REGULAR MEETING: JUNE 21, 2017 May 10, 2017 1.) Call to Order —4:01pm 2.) Roll Call e` a. Mayor, Alice Aga, called the meeting to order at 4:BBpm b. Roll Call: Mayor, Alice Aga; Vice Mayor, William Nelson Secretary, Richard Henson; Treasurer, Samuel Kenoyer; Member, David Harmes; Member, Sherry Harmes; Member, Mary Nelson c. Excused: d. Absent: Mary Nelson e. Established Quorum 3.) Approval of Agenda a. Richard Henson—moves to approve agenda b. Sherry Harmes-2nds. Unanimously passes 4.) Approval of Minutes a. Minutes for 04/18/2017 & 04/21/2017 b. Richard Henson—moves to approve minutes. c. David Harmes- 2nds. Unanimously passes. 5.) Guest Comments/concerns a. Acknowledged guests: Hugh Kennen, Marlene Kenoyer, Marilyn Arneson, Jack Wick, Virginia Stanton, Lynn Stanton, Valen Norel, Chad Aga, Jane Petrich (Letter to Council), Mike Webb a. Jack Wick— What ever happened to naming the "Frank Carlson Airport and the Charles Christenson Harbor"? Mike Carlson said he'd pay for it. 6.) Hearings, Ordinances, and Resolutions a. Ordinance 17-02 (Sales Tax revision) 1. Meeting closed at 4:10pm 2. Hearing open at 4:11pm 3. Mike Webb—Is this the same ordinance the attorney sent us? Was there any changes 4. Alice Aga —Yes, this Is the same one. No changes have been made. S. Meeting opened at 4:13pm 6. Sherry Harmes — Moves to pass 17-02 7. Samuel Kenoyer-2nds. Unanimously passes. b. Ordinance 17-03 (FY18 Budget) 1. Meeting closed at 4:19pm 2. Hearing opened at 4:20pm City of Larsen Bay PO Box 08 Larsen Bay, AK 99624 Case No. 17-025 Phone: 907-847-2211 Fax: 907-847-2239 Email: cityoflarsenbay@gmaii.com Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 125 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 City Council Meeting Minutes May 10, 2017 3. Alice Aga —I had added to the Admin for afternoon hours to be paid at $25/hr for July and August. 4. Meeting opened at 4:21pm S. David Harmes— Moves to accept 17-03 and FY18 Budget 6. Sherry Harmes— 2nd. Unanimously passes. c. Resolution 17-08 (Tanner Crab Fisheries), Resolution 17-09 (Young Fishermen's Act), Resolution 17-10 (Fisheries Access Support) 1. Samuel Kenoyer— Moves to pass 17-08,09, & 10 2. Richard Henson-2nds. Unanimously passes. 7.) Reports of Officers a. LBUC/Water Sewer Report a. Hugh Kennen 1. LBUC running perfectly. Tons of water. We've been off of diesel for about 8 months. New construction is not recommended, our facility would not be able to take the additional load. 2. Water shortage. There was a leak at the Tsunami shelter for a couple of weeks. Currently at 55,320 gallons, our well is capable of only 41,000 a day. 3, Bill Nelson — I suggested hydra foams to RNW at ADC 4. Jack Wick—There has to be a leak across from Kodiak Lodge's property 5. Mike Webb— We have been conserving water by converting a lot of our facilities to creek water. a. Can We put in a request for a residential account for the winter house b. Sherry Harmes — Please put in a written request. 6. lack Wick— Do we have a sewer pump? 7. Samuel Kenoyer—Yes and no. We have one on the way, but it's been in homer waiting for the freight barge. b. Financial Report a. Samuel Kenoyer— What is the $89.99 In dues and sub for LBUC? b. Teressa Muller—That is for the LBUC computer, it's an antivirus software. c. VPSO Report a. Roy Is still on a leave of absence. Roger is here for a couple of days. b. Council does not want our VPSO on light duty, would rather him recover fully before going back on duty. City of Larsen Bay PO Box 08 Larsen Bay, AK 99624 Case No. 17-025 Phone: 907.847-2211 Fax: 907-847-2239 Email: cityoflarsenbay@gmail.com Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 126 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING. JUNE 21, 2017 City Council Meeting Minutes May 10, 2017 c. Roger does Fire Dept. training. Has one coming upon June in Kodiak. d. Maintenance Report a. William Nelson 1. My main project is the water project for the wells. Recently cleaned the trail to them. It will be a couple week job. Currently working alone, no laborers available. b. Marlene Kenoyer 1. Life ring by Roy's boat needs to be put up 2. Asking City to write a letter to harbor users to put their trailer on their own property. People are still parking overnight in the loading zone, it's in the way. 3. The float on the last finger has a soft spot. Someone will fall through. c. Sherry Harmes 1. A harbor workshop is needed. New signs are needed as well for the harbor. e. Mayor Report a. Alice Aga 1. Bulk Fuel Loan was approved, have yet to get a payment amount. a. Cost roughly $108,000 rather than $119,000 2. Del Conrad will be here tomorrow to help out with fuel pricing. At no cost to us, he's contracted with the state. 3. While I was out of the office, there was a formal complaint regarding Walburn burning garbage. B.) Unfinished Business a. Fire Department a. William Nelson 1. Community needs to get together; it cannot be just me organizing this. 2. This issue needs to be addressed before something bad happens and we won't be prepared. b. Roger 1. Volunteer at Bayside Fire. Does village training. Currently doing a lot of work with Port Lions. c. Workshop scheduled for 05/15/2017 City of Larsen Bay PO Box 08 Larsen Bay, AK 99624 Case No. 17-025 Phone: 907-847.2211 Fax: 907-847-2239 Email: cityoflarsenbay@gmail.com Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 127 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 City Council Meeting Minutes May 10, 2017 b. Hazardous Liability (Old School) a. Alice Aga -Our LISS Jane suggested we Just wait out and see what the state says. 9.) New business a. Aqua waste notice a. No comment, stay informed. k n� i� Yra d n S b. KIB Rezoning Notices Jv- (�r te�z a. 17-025 (KLL Comp. plan amendment), 17-026 (KLL to B. District), 17-03 (Foxtail Lodge to B. District), 17-031 (icicle to Industrial) b. There are no council concerns with the Icicle rezoning notice c. Jack Wick— We did this in 2008 d. Alice Aga —The land owners had 2 years to become compliant, but no one did. It kind of fell through the cracks with the borough. e. Lynn Stanton — Asking the City to write a resolution. Community needs to come together to review our Comprehensive Plan. Cannot have people doing this to our community. F. Alice Aga—The community is upset with rumors going around that Legends Lodge will be doing new construction. I believe the ONE lot should be approved but the other two should not be. g. Samuel Kenoyer— I move to put a moratorium on all notices, except Icicle's, to have time to gather more information h. Sherry Harmes-2nds. Unanimously passes. c. RUBA Trip Report/ Water Rate Study a. Sherry Harmes—Recommends changing rates to the suggested rates by RUBA. Moves to make a resolution to reflect table 4. b. Samuel Kenoyer— I need more time to digest this before a decision Is made c. William Nelson — l agree. d. Council Member's Resignation a. Mary Nelson sent a letter of resignation 1. SamuelKenoyer—Movestoacceptresignation 2. Richard Henson -2nds. Unanimously passes. b. What are council's wishes on how to handle the vacant seat? c. Nick Blanco is runner up for the highest vote getter. See if he's still interested. City of Larsen Bay PO Box 08 Larsen Bay, AK 99624 Case No. 17-025 Phone: 907-847-2211 Fax: 907-847-2239 Email: cityoflarsenbay@gmall.com Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 128 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 City Council Meeting Minutes May 10, 2017 10.) Council Comments a. Sherry Harmes —I say we transfer $25,000 from our general checking into each savings. b. Samuel Kenoyer— Money transfers should go through and be approved by council. Whether by ordinances or resolution. a. I think there should be a permanent position for 8111 as his assistant. He shouldn't be doing all this work alone. Maybe take the temp labor wages and create a permanent position. c. William Nelson -The trouble with that would be finding someone with a driver's license to fill that position, and all of the laborers are just in for a paycheck. I've been trying to find someone to teach for years. d. Roger Oulette —There is such a thing as a Village License. e. William Nelson —Ray said he's waiting for something with Juneau for paper work f. Richard Henson— We should turn that old fuel farm into a storage area. g. Storage and Harbor workshop set for 05/30/2017 h. Mike Webb — I just want to say thank you to the community of Larsen Bay. Everyone was welcoming and kind to our winter watchmen. 31.) Adjoumment:6:00pm City of Larsen Bay PO Bax 08 Larsen Bay, AK 99624 Case No. 17-025 Phone: 907.847-2211 Fax: 907-847-2739 Email: cityo0arsenbay@gmail.com Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 129 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING- JUNE 21, 2017 May 5, 2017 Madam Mayor and Council Members, Thank you for addressing the matter of land use in our Community. I would like to provide comments in support of a moratorium on the issuing of rezone requests from single family residential to a business/commercial category. My comments and opinions are motivated by a recent hearing of the Kodiak Island Borough Planning and Zoning Commission. The Commission was considering a request from a Larsen Bay property owner to rezone four lots from single family to commercial (Case 17-026). As a prelude to this request AND AS STATED IN THE HEARING ANNOUNCEMENT, the Borough Community Development Department proposed amending the current Larsen Bay Comprehensive Plan (Case 17-025) IN ORDER TO FACILITATE the rezone request. Per Borough code the only property owners that were required to be notified of these proposed changes and have the opportunity to provide comment on the two proposals were property owners within 300 feet of the lots involved. The Borough showed no consideration for our Community when taking such an aggressive position in support of this rezone. We are a small secluded community. I believe that all Larsen Bay property owners and residents should have the opportunity to comment on an amendment to our Comprehensive Plan. The current Comprehensive Plan was written in 1984 and then reviewed in 2008.1 recall a significant effort and input by the Council and the Community during the 2008 process. The current Comprehensive Plan does not Mow for such a large amount of land to be rezoned. Based on the information I have I am also opposed to the rezone request. The owner knew when purchasing the lots in question that they were zoned Single Family Residential properties. Why the requested change? Is this request part of the owners original Plan for the property? Does he feel he can come in to a Community and do as he pleases without regard far the standing law? As far as I am aware the property owner never discussed this rezone request with anyone in the Community. In addition to the 4 lots being proposed for a rezone an additional 3 adjacent lots are owned by the same family in the form of business entities. These 7 lots encompass access to Moses's Beach which is a well used community beach. What is the big picture here? I would like to hear what the property owner has in mind. Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned? If the lots are rezoned the property owner would be able to develop the property however he chose. On a recent bike ride I saw a substantial amount of building materials on the lots proposed for the rezone? Does the owner feel that his rezone request is a done deal? Is he expanding his business despite the current single family zoning? I believe a moratorium on rezone requests from Residential to Business will give the Community of Larsen Bay the opportunity for all property owners to come together and discuss future land use plans. � Respectfully, �,�Zj�(� 1 .,jamP h Ap�� Jane Petrich Lot S, BIk19 ��CaseNo. ,7-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 130 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7•A P 8 Z REGULAR MEETING: JUNE 21, 2017 Addendum to letter to Larsen Bay Mayor and Council Members. In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April 19, 2O17Commissioners used the terns VARIANCE and AMENDMENT to the Comprehensive Plan interchangeably. Chapter 17.20.5 defines AMENDMENTS as a process giving the Borough wide authority to Change regulations to address public necessity, convenience, general welfare or good zoning practice. K possible I would advocate the changing of the language from AMENDMENTS to VARIANCE when Planning and Zoning reconsiders Case 17-025 which requested and AMENDMENT to the Comprehensive Plan. Chapter 17.195 of Borough Code Describes the process to be followed by the Planning and Zoning Commission when considering an application for a VARIANCE_ Variances are provided___. for the purpose of relaxing zoning district requirements in special circumstances. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the high handedness of the Borough over the local community. Chapter 17.195 also outlines the conditions under which and VARIANCE is approved/denied. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is✓was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he Imew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing for a business/commercial rezone at a later date? Case Na. 17-025' 01MVr,4knn 4J Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 131 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 2 REGULAR MEETING: JUNE 21, 2017 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare Adjacent property owners object to noise and traffic associated with large groups of people with a vacationinglanything goes mind set Ther is a question of the City being able to provide adequate water and electrical utilities. The land is low lying and swampy which raises the question of supporting a septic system for sewage flora commercial property. The EPA would need to be consulted as to if the property could support an appropriate septic system and to protect the public health. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The rezone of 4 lots from residential to commercial is contrary to the objectives of the Larsen Bay Comprehensive Plan as written in 1984 and reviewed in 2008. 5. That actions of the applicant did notcause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and There is a substantial amount of building material on the lots proposed for the rezone which are indicative of the owners Intent to develop the property prior to an approved rezone. is the owners moving forward prior to approval an attempt to get relief from his investment? 6. That granting the variance will not permit a prohibited land use in the district involved. Following is a description in KIS Zoning Code which clearly shows the rezoning to business or commercial is a prohibited land use for these four Single Family Resident lots. 17.75.010 Description and intent. The R1 single-family'residentfal zoning district is established as a land use district for small lot; single-family residential dwellings where public water and sewer services are available. For the single-family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single- family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal Case No. 17-025 Adm\(WY' Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 132 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 vehicular traffic on streets serving residents on those sheets; and E To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. [Ori. 83-17-0 §2, 1983. Formeriy §17.18.010]. Cam No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 133 of 359 AGENDA ITEM #C. 1. 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING USS 4872 LARSEN BAY TOWNSITE, TRACT A, BLOCK 16, 12 LOT 12 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B -BUSINESS ZONING DISTRICT (CASE NO. 08-21) 14 15 WHEREAS, the Kodiak Lodge is an established hunting and fishing lodge in the community; 16 and 17 WHEREAS, owners of this establishment seek to rezone the parcel of land in keeping with its 18 current use as a lodge and to be consistent with the new KIB comprehensive plan that identifies 19 this parcel for commercial use; and 20 WHEREAS, the Planning and Zoning Commission (P&ZC) conducted meetings and public 21 hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, P&ZC recommends the Assembly find that a rezone of this parcel to B- Business 23 is in keeping with the nature of the existing lodge operation and that it is consistent with the 24 2008 Comprehensive Plan that identifies this lot for commercial purposes; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Block 16, Lot 12 be rezoned from R1- Single 30 Family Residential to B -Business District subject to the following effective clause: 31 32 "Prior to the rezone becoming effective, the petitioners will obtain zoning 33 compliance for all structures and uses located on the developed lots located 34 within the approved rezone area. Should the zoning compliance requirement not 35 be met within 24 months of Assembly approval, this approval shall become null 36 and void:" 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 39 hereby confirmed as follows: 40 17.72.020 A. Findings as to the Need and Justification for a Change or 41 Amendment. E42 The purpose of the rezone is intended to create commercial zoning districts to 43 accommodate existing lodge uses and structures located along the western side 44 of the Larsen Bay Subdivision near the small boat harbor. The petitioners have Kodiak Island Borough Ordinance No. FY2009-08 Page 1 of 2 Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 134 of 359 Previews Larsen Bay Lodge PUBLIC HEARING ITEM 7-A Rezone Ordinances P 8 Z REGULAR MEETING. JUNE 21, 2017 1 Introduced by: Manager Gifford 2 Requested by: PBZC 3 Drafted by: CDD Staff 4 Introduced: 10/162008 5 Public Hearing: 11/062008 6 Adopted: 11106/2008 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009-08 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING USS 4872 LARSEN BAY TOWNSITE, TRACT A, BLOCK 16, 12 LOT 12 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B -BUSINESS ZONING DISTRICT (CASE NO. 08-21) 14 15 WHEREAS, the Kodiak Lodge is an established hunting and fishing lodge in the community; 16 and 17 WHEREAS, owners of this establishment seek to rezone the parcel of land in keeping with its 18 current use as a lodge and to be consistent with the new KIB comprehensive plan that identifies 19 this parcel for commercial use; and 20 WHEREAS, the Planning and Zoning Commission (P&ZC) conducted meetings and public 21 hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, P&ZC recommends the Assembly find that a rezone of this parcel to B- Business 23 is in keeping with the nature of the existing lodge operation and that it is consistent with the 24 2008 Comprehensive Plan that identifies this lot for commercial purposes; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Block 16, Lot 12 be rezoned from R1- Single 30 Family Residential to B -Business District subject to the following effective clause: 31 32 "Prior to the rezone becoming effective, the petitioners will obtain zoning 33 compliance for all structures and uses located on the developed lots located 34 within the approved rezone area. Should the zoning compliance requirement not 35 be met within 24 months of Assembly approval, this approval shall become null 36 and void:" 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 39 hereby confirmed as follows: 40 17.72.020 A. Findings as to the Need and Justification for a Change or 41 Amendment. E42 The purpose of the rezone is intended to create commercial zoning districts to 43 accommodate existing lodge uses and structures located along the western side 44 of the Larsen Bay Subdivision near the small boat harbor. The petitioners have Kodiak Island Borough Ordinance No. FY2009-08 Page 1 of 2 Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 134 of 359 45 46 47 48 49 so 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 1 AGENDA ITEM #C.1. Previews Larsen Bay Lodge PUBLIC HEARING ITEM 7-A Rezone Ordinances P 8 Z REGULAR MEETING. JUNE 21, 2017 indicated that the rezone Is needed as the only feasible way for them to move Into zoning compliance status. Staff analysis indicates that the nature and scale of the current use appears to be more commercial at this point in time and that a rezone to B -Business will create not likely result in additional commercial development that would require additional resources from the city's limited infrastructure system. With the recent update to the KIB Regional Comprehensive Plan and it is now time to start making zoning decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The recommendation to approve this request is one based upon conditions in the community and the recommendations of the 2008 KIB Comprehensive Plan Update. A recommendation for approval would further the goals and objectives of the comprehensive plan for Larsen Bay. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF NOVEMBER 2008 ATTEST: Nova'M. Javier, orough Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH lJ - Je a M. Selby, Borou h Case No. 17-025 Ordinance No. FY2009-08 Page 2 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 135 of 359 AGENDA ITEM #C. 1. 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009-09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LARSEN BAY TOWNSITE, TRACT A, LOTS 1 AND 3 FROM R1- SINGLE FAMILY 12 RESIDENTIAL TO B -BUSINESS DISTRICT (CASE NO. 03-011) 13 14 WHEREAS, the Larsen Bay Lodge is a long established hunting and fishing lodge; and 15 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 16 lodge is located upon from R1- Single Family Residential to B -Business in 2003, in keeping 17 with the use of the property for lodge purposes; and 18 WHEREAS, the Planning and Zoning Commission (P&ZC) tabled this initial rezone request in 19 2003 pending completion of the new Kodiak Island Borough Comprehensive Plan; and 20 WHEREAS, upon completion of the Comprehensive Plan, the P&ZC conducted meetings and 21 public hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, the commission is recommending that the Assembly find that a rezone to 13- 23 Business zoning district by lots making up this commercial venture is generally consistent with 24 the Comprehensive Plan; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Lots 1 and 3 be rezoned from R1- Single Family 30 Residential to B -Business District subject to the effective clause slating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Change or 40 Amendment. E41 The purpose of the rezone is intended to create commercial zoning district to 42 accommodate existing lodge uses and structures located along the eastern edge 43 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is Kodiak Island Borough Ordinance No. FY2009-09 Page 1 of 2 Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 136 of 359 Previeous Larsen Bay Lodge PUBLIC HEARING ITEM 7-A Rezone Ordinances P 8 Z REGULAR MEETING: JUNE 21, 2017 1 Introduced by: Manager Gifford Z Requested by: P&zC 3 Drafted by: CDD Staff 4 Introduced: 10/16/2008 5 Public Hearing: 11/06/2008 6 Adopted: 11/06/2008 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009-09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LARSEN BAY TOWNSITE, TRACT A, LOTS 1 AND 3 FROM R1- SINGLE FAMILY 12 RESIDENTIAL TO B -BUSINESS DISTRICT (CASE NO. 03-011) 13 14 WHEREAS, the Larsen Bay Lodge is a long established hunting and fishing lodge; and 15 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 16 lodge is located upon from R1- Single Family Residential to B -Business in 2003, in keeping 17 with the use of the property for lodge purposes; and 18 WHEREAS, the Planning and Zoning Commission (P&ZC) tabled this initial rezone request in 19 2003 pending completion of the new Kodiak Island Borough Comprehensive Plan; and 20 WHEREAS, upon completion of the Comprehensive Plan, the P&ZC conducted meetings and 21 public hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, the commission is recommending that the Assembly find that a rezone to 13- 23 Business zoning district by lots making up this commercial venture is generally consistent with 24 the Comprehensive Plan; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Lots 1 and 3 be rezoned from R1- Single Family 30 Residential to B -Business District subject to the effective clause slating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Change or 40 Amendment. E41 The purpose of the rezone is intended to create commercial zoning district to 42 accommodate existing lodge uses and structures located along the eastern edge 43 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is Kodiak Island Borough Ordinance No. FY2009-09 Page 1 of 2 Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 136 of 359 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 ao 81 82 83 84 85 86 87 88 89 AGENDA ITEM #C. 1. Previeous Larsen Bay Lodge PUBLIC HEARING ITEM 7-A Rezone Ordinances P 8 Z REGULAR MEETING. JUNE 21, 2017 needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community Impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the KIB Regional Comprehensive Plan Update, the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community infrastructure and social fabric of the community. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF NOVEMBER 2008 ATTEST: r L Nova M. Javier,'Borough Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH Je me M. Selby, Borough Ma r Case No. 17-025 Ordinance No. FY2009-09 Page 2 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 137 of 359 AGENDA ITEM #C. 1. Previeous Larsen Say Lodge PUBLIC HEARING ITEM 7-A Rezone ordinances P a Z REGULAR MEETING: JUNE 21, 2017 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 138 of 359 1 2 Introduced by: Manager Gifford Requested by: Manager Gifford 3 Drafted by: CDD Staff 4 Introduced: 1110912009 5 Public Hearing: 1 210 4 2 0 08 6 Adopted: 1 210 4 2 0 08 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009-11 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 11 TRACT OF LAND IN THE LARSEN BAY TOWNSITE LEGALLY DESCRIBED 12 AS TRACT A, BLOCK 3, LOT 1 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B -BUSINESS DISTRICT (CASE 03-011) 14 15 WHEREAS, the Uyak Bay Lodge is a long established hunting and fishing lodge; and 16 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 17 lodge Is located upon from R1 -Single Family Residential to B -Business in 2003, in keeping with 18 the use of the property for lodge purposes; and 19 WHEREAS, the Commission postponed this initial rezone request in 2003 pending completion 20 of the new Kodiak Island Borough Comprehensive Plan; and 21 WHEREAS, with the completion of the comprehensive plan the Commission flew to the 22 23 Larsen Bay community In May and September to conduct two public meetings to lake public testimony from the village residents on the rezoning request of these and other parcels; and 24 WHEREAS, The commission is recommending that the Assembly find that a rezone to the B- 25 Business zoning district of this lot is generally consistent with the Comprehensive Plan. 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Larsen Bay Townsite, Tract A, Block 3, Lot 1 be rezoned from 131- Single Family 30 Residential to B -Business District subject to the effective clause slating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Change or 40 41 Amendment, Kodiak Island Borough Ordinance No. FY2009-11 Case No. 17-025 Page 1 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 138 of 359 AGENDA ITEM #C. 1. Previews Larsen Bay Lodge PUBLIC HEARING ITEM 7-A Rezone Ordinances P & Z REGULAR MEETING: JUNE 21, 2017 '65 The Kodiak Island Borough has not established a Mixed -Use zone in order to 66 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 67 designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone 68 basis, in conformity with a generalized view of the comprehensive plan 69 designations as previously discussed in the staff report. 70 71 While the recommended zone changes are not entirely consistent with the 72 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 73 the recommendations do take into account existing development patterns, 74 community comments, plan recommendations (generally) and the sustainability 75 of the community infrastructure and social fabric of the community. 76 77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 78 THIS FOURTH DAY OF DECEMBER 2008 79 KODIAK ISLAND BOROUGH 80 81 � 82 83 ATTEST: Je me M. Selby, Borou 84 85 86 87 Nova M. Javier, C40, Borough Clerk 88 Kodiak Island Borough Ordinance No. FY2009-11 Case No. 17-025 Page 2 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 139 of 359 42 43 The purpose of the rezone is intended to create commercial zoning district to accommodate existing lodge uses and structures located along the eastern edge 44 of the Larsen Bay Subdivision. The petitioners have Indicated that the rezone is 45 needed as the only feasible way for them to move into zoning compliance status. 46 This request has been held in abeyance for five or more years awaiting an 47 update to the KIB Regional Comprehensive Plan and it is now time to make 48 these long awaited decisions in order to restore and maintain the balance 49 between residential and commercial uses in the Larsen Bay community. so 51 Because the community leadership capacity has diminished in recent years due 52 to the turnover of leadership and administrative staff, the recommendations in 53 this case are limited to those lots where existing lodge use and structures are 54 established in order to maintain the status quo level of both commercial benefits 55 to the community and related community impacts associated with lodge uses. 56 The current RUBA report and associated utility rate study, in conjunction with the 57 most recent resolution adopted by the Larsen Bay City Council indicate a need 58 for change to occur in the community leadership and administration in order to 59 re-establlsh continuity of government operations and restore community 60 sustainability, before more commercial development potential Is considered for 61 the Larsen Bay Community. 62 63 17.72.020 B. Findings as to the Effect a Chance or Amendment would have on 64 the Obiectives of the Comprehensive Plan. '65 The Kodiak Island Borough has not established a Mixed -Use zone in order to 66 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 67 designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone 68 basis, in conformity with a generalized view of the comprehensive plan 69 designations as previously discussed in the staff report. 70 71 While the recommended zone changes are not entirely consistent with the 72 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 73 the recommendations do take into account existing development patterns, 74 community comments, plan recommendations (generally) and the sustainability 75 of the community infrastructure and social fabric of the community. 76 77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 78 THIS FOURTH DAY OF DECEMBER 2008 79 KODIAK ISLAND BOROUGH 80 81 � 82 83 ATTEST: Je me M. Selby, Borou 84 85 86 87 Nova M. Javier, C40, Borough Clerk 88 Kodiak Island Borough Ordinance No. FY2009-11 Case No. 17-025 Page 2 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 139 of 359 AGENDA ITEM #C.1. GKodiak island Borough Alaska Case No. 17-025 Ordinance No. FY2014-09 Page 1 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 140 of 359 Previeous Larsen Bay Lodge PUBLIC HEARING ITEM 7-A Rezone Ordinances P 8 Z REGULAR MEETING: JUNE 21, 2017 Introduced by: Borough Manager I Requested by: PSZCommission fI 2 Drafted by: Community Development Director Il J 3 Introduced. 10/172013 Public Hearing: 11/072013 4 Adopted: 11/07/2013 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-09 O 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 12, BLOCK 16, LARSEN BAY SUBDIVISION II FROM R1 -SINGLE-FAMILY RESIDENTIAL TO B -BUSINESS ZONING 12 DISTRICT 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 12, 15 Block 16 Larsen Bay Subdivision, and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this lot 21 be rezoned finding that the public necessity, convenience and general welfare and good 22 zoning practice would be enhanced by such action; and U 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: Lot 12, Block 16 Larsen Bay Subdivision is rezoned from R1 -Single-family 34 Residential to 0 -Business Zoning District. 35 36 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission O 37 are confirmed as follows: 38 39 17.205.020 A. Findings as the Need and Justification for a Change or 40 Amendment. 41 The applicable comprehensive plan supports this rezone which is needed to J 42 43 bring the operation of the lodge into compliance with the Kodiak Island Borough zoning code. 44 GKodiak island Borough Alaska Case No. 17-025 Ordinance No. FY2014-09 Page 1 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 140 of 359 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 AGENDA ITEM #C. 1. Prevlecus Larsen Bay Lodge PUBLIC HEARING ITEM 7-A Rezone Ordinances P & Z REGULAR MEETING: JUNE 21, 2017 17.72.020 B. Findings as to the Effect a Change or Amendment would (� have on the Obiectives of the Comprehensive Plan. L ff A rezone from R1 -Single-family Residential to B -Business Zoning District would further implement the stated land use goal contained in the applicable comprehensive plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request, subject to the following effective date: Prior to the rezone becoming effective, the petitioner will obtain after -the -fact zoning compliance for all structures and uses established on the subject lot. Should the zoning compliance requirement not be met within six (6) months of Assembly approval, this approval shall become null and void. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF NOVEMBER, 2013 KODIAK ISLAND BOROUGH 2 ATTEST: Jerrol Frien6lborough Mayor Nova M. Javier, MMC, rough Clerk Kodiak Island Borough, Alaska Case No. 17-025 Ordinance No. FY2014-09 Page 2 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 141 of 359 O G 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 AGENDA ITEM #C. 1. Previeous Larsen Bay Lodge PUBLIC HEARING ITEM 7-A Rezone Ordinances P 8 Z REGULAR MEETING: JUNE 21, 2017 Introduced by: Borough Manager Requested by: Planning and Zoning Commission Commission Drafted by: Community Development Department Introduced: ID/062016 Public Hearing: 10/20/2016 Adopted: 10/202016 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-18 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 13, BLOCK 16, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 16.036) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. F -Y2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that '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'; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 13, Block 16, Tract A, Larsen Bay Subdivision from Rt -Single-family Residential District to B - Business District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the lot be rezoned from R1 -Single-family Residential District to B -Business District finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Kodiak Island Borough, Alaska Case No. 17-025 Ordinance No. FY2017-18 Page 1 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 142 of 359 AGENDA ITEM #C.1. Previews Larsen Bay Lodge PUBLIC HEARING ITEM 7-A Rezone Ordinances P & Z REGULAR MEETING'. JUNE 21, 2017 53 Section 1: This ordinance is not of a general and permanent nature and shall not become 54 a part of the Kodiak Island Borough Code of Ordinances. 55 56 Section 2: Lot 13, Block 16, Tract A, Larsen Bay Subdivision is hereby rezoned from R1- 57 Single-family Residential District to B -Business District. 58 59 Section 3: This ordinance shall become effective upon the issuance of zoning compliance 60 for all existing structures and established uses on the subject parcel. Should 61 the zoning compliance requirement not be mel within 24 months of Assembly 62 approval, this approval shall become null and void. 63 64 Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact 65 in support of their approval of this rezone. 66 67 1. The applicant desires to continue the use of an existing commercial lodge that has 68 operated without zoning compliance on this Rt -Single-family Residential zoned lot since 69 2005. Lodges are not a permitted use in R7 -Single Family Residential zoning. Lodges are 70 a permitted use in B -Business zoning. Accordingly, a rezone to B -Business is needed to 71 obtain the required zoning compliance that will allow the lodge operation to continue. 72 73 2. The lot is situated within a mixed zoning area that includes R1 -Single-family Residential, B- 74 Business, and C -Conservation zoning. 75 76 3. The lot Is adjacent to a B -Business zoned parcel that is developed with a commercial 77 lodge. 78 79 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears 80 suitable for that use. The lot is also of sufficient area to accommodate a variety of other 81 uses that are allowed in B -Business zoning. 82 83 5. The rezone Is consistent with the Commercial Comprehensive Plan Future Land Use 84 Designation assigned to this lot. The rezone Is also consistent with, and will further 85 implement, various goals, policies, and Implementation actions Identified in the adopted 86 Comprehensive Plan. 87 88 6. The Planning and Zoning Commission recommended that the Borough Assembly approve 89 this rezone. 90 91 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 92 THIS TWENTIETH DAY OF OCTOBER, 2016 93 94 KODIAK ISLAND BOROUGH 95 96 97 Jerrol Friend, Borough Mayor 98 A EST: 99 �1l 100 Il 101 ova M. Javier, MM ,Borough Clerk 102 103 VOTES: 104 Yes: LeDaux, Rohrer, Skinner, Smiley 105 No: Crow, Symmons 106 Absent: Peterson Kodiak Island Borough, Alaska Case No. 17-025 Ordinance No. FY2017-1 a Page 2 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 143 of 359 Pp.10 V Y Y bs_o D oY ALASKA AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P S Z REGULAR MEETING: JUNE 21, 2017 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-025. A Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No.17-026). DATE: June 7, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 21, 2017 Regular Meeting CASE: 17-025 APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer LOCATION: NHN Second Street at northeast portion of the City of Larsen Bay LEGAL DSC: Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision ZONING: R1 -Single-family Residential FUTURE LAND USE DESIGNATION: Residential NOTICE: Thirty-one (31) public hearing notices were mailed on March 6, 2017 and ninety- two (92) public hearing notices were mailed on May 3, 2017. Five (5) public hearing notices (one (1) signed by twenty-two (22) residents) were returned as of the date this report was prepared. STAFF ANALYSIS At the April 19, 2017 regular meeting, the Commission, after hearing eleven (11) citizens provide public comment in opposition of this Comprehensive Plan Amendment, postponed the request and the corresponding rezone request to the June 21, 2017 regular meeting. The Commission also directed staff to provide public hearing notices to all Larsen Bay residents prior to the June 21, 2017 meeting. The intended purpose of the postponement and additional notice was to solicit additional Input prior to the Commission rendering a decision on the requests. On May 3, 2017, staff mailed public hearing notices to all recorded property owners in the City of Larsen Bay (a total of 92 notices). Five (5) of those notices (one (1) signed by twenty-two (22) residents) have since been returned. All replies opposed the development of lodges in the City of Larsen Bay and were not in favor of approving the Comprehensive Plan amendment and corresponding rezone. As stated In the initial staff report, the lodge subject to this request (Kodiak Legends Lodge) has operated for 19 years on R1 -Single -Family Residential zoned Lot 1A (a prohibited use in that zoning district). In recent years, the lodge use has expanded onto adjacent R1 zoned Lots 2, 3, and 4. With the exception of the complaint filed on May 24, 2016 by the previous Mayor of the City of Larsen Bay, the lodge has operated with no record of other complaints from neighboring property owners. The applicant previously applied for a rezone of Lot 1A from R1 -Single -Family Residential to B - Business in 2003 (Case No. 03-011, no corresponding Comprehensive Plan amendment was requested or required by the department at that time). That request was postponed for five years to allow the Borough and City of Larsen Bay to complete an update to the Comprehensive Casa No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 144 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 Plan Larsen Bay annex. The postponement was to ensure that the decision on the rezone would be based on the most current community direction provided in the updated plan. After completion and adoption of the update in 2008, the rezone was recommended for approval by the Commission at a special meeting in Larsen Bay and later approved by the Assembly that same year. Unfortunately, the applicant failed to obtain zoning compliance for the lodge use and all structures on the parcel within 24 months of approval, which was required prior to the rezone becoming effective. As a result, that previously approved rezone is null and void and the lot remains zoned R-1 Single -Family Residential. Given the history of the lodge use and related rezoning efforts associated with Lot 1A, staff recommends that the Commission consider only recommending approval of the Comprehensive Plan amendment and corresponding rezone of Lot 1 A at this time. With regards to Lots 2, 3, and 4, the associated expanded lodge activities taking place on those parcels were established more recently than the longstanding lodge use established on Lot 1A. As such, those activities are the equivalent of establishing a new lodge in the community. Accordingly, staff recommends the Commission consider postponing action on the Comprehensive Plan amendment and corresponding rezone request for those parcels. The postponement would allow time for staff to solicit further comment and work with City and Tribal officials on a satisfactory solution that will remedy the concern over new lodges in the Larsen Bay Community. RECOMMENDATION Staff recommends that the Commission forward the Comprehensive Plan amendment request for Lot 1A, Block 3, Tract A, Larsen Bay Subdivision to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective clause, and that the request, as it applies to Lots 2, 3, and 4, be postponed to the September 20, 2017 regular meeting. CURRENT MOTION ON THE FLOOR Move to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommercialNVaterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025. MOTION TO AMMEND Should the Commission agree with the staff recommendation, the appropriate motion is Move to amend by striking "Lots 1A, 2, 3, and 4" and inserting "Lot 1A", inserting "supplemental" before "staff report", striking "March 31" and inserting "June 7", and Inserting "as it applies to said lot, and to postpone the remainder of Case 17- 025 that applies to Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision to the September 20, 2017 regular meeting" after "Case No. 17-025." The amended motion would then read as follows (struck language in red IiRe through, inserted language in bold blue): Move to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of ' at !A, 23, and 4 Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommercialNVaterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the supplemental Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 145 of 359 PNa Y Y Y.$ D O: ALASKA AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 staff report dated Marsh 24 June 7, 2017 and entered into the record for this case as "Findings of Fad" for Case No. 17-025 as it applies to said lot, and to postpone the remainder of Case 17-025 that applies to Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision to the September 20, 2017 regular meeting. FINDINGS OF FACT (KIBC 17.205.020.A -C) 'Staff note: The below findings of fad have been revised to apply only to Lot 1A 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B - Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lot. Accordingly, the Future Land Use Designation of the lot must be changed to a designation that is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lot is situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed CommerciaiNVaterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The amendment will facilitate a rezone to B -Business that will allow the existing lodge use to continue. The lot Is also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions Identified In the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 146 of 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 Introduced by: KIB Manager Drafted by: P8Z Commission Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RESIDENTIAL TO MIXED COMMERCIAL / WATERFRONT / RESIDENTIAL (P8Z CASE NO. 17-025) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the 2008 Comprehensive Plan amendment request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the 2008 Comprehensive Plan Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be changed from Residential to Mixed CommercialANaterfront/Residential, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 1 of 3 Insertion — Bold, Blue, Underlined Case No. 17-025 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 147 of 359 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING. JUNE 21, 2017 WHEREAS, the Planning and Zoning Commission hereby recommends that this amendment be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision is hereby changed from Residential to Mixed C om mercial/ W ate rfronUResidenti a I. Section 3: This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the as -built survey and zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in Rt -Single Family Residential zoning. Lodges are a permitted use in B - Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lot. Accordingly, the Future Land Use Designation of the lot must be changed to a designation that is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lot is situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed Commercial/Waterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The amendment will facilitate a rezone to B -Business that will allow the existing lodge use to continue. The lot is also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 2 of 3 Insertion — Bold, Blue, Underlined Case No. 17-025 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 148 of 359 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 6 Z REGULAR MEETING: JUNE 21, 2017 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: ATTEST: Nova M. Javier, MMC, Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Case No. 17-025 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 149 of 359 May 5, 2017 Mr. Bruce Kososki Uyak Bay LLC PO Box 128 Larsen Bay, AK 99615 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETINGJUNE 21, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17.025. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lots IA, 2, 3, and 4. Block 3, Tract A. Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (K03C 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from RI -Single -Family Residential District to B -Business District (Case No. 17-026). Dear Mr. Kososki: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their June 21, 2017 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, June 14, 2017 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 and/or evidence minted 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, Sheila Smith, Secretary Community Development Department CC: Mr. Chad Elmer—chad@kodiaklegendslodge.com Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 150 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P s Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakek.us A public hearing will be held on Wednesday, June 21, 2017. 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: 17-025 (Postponed at the April 19, 2017 regular meeting) APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer REQUEST: A Comprehensive Plan Amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommercialMaterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No. 17-026). LOCATION: Northeast portion of the City of Larsen Bay ZONING: R1 -Single-family Residential This notice is being sent to you because our records Indicate you are a property owner/Interested party In the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 Pm. Tuesday. June 6. 2017 to be considered 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 ssmithtSkodiakak.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 1-855-492-9202. One week prior to the regular meeting, on Wednesday, June 14, 2017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property descriptlon: Comments: Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 151 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21. 2017 Case 17-025 Request a Comprehensive Plan amendment to change Location the Future Land Use Designation of Lots 1A, 2, 3, and 4, Northeast portion of the Black 3, Tract A, Larsen Bay Subdivision from Residential City of Larsen Bay to Mixed Commercial/Waterfront/Residential (KIBC 17.205). Applicant The intent of this request is to facilitate a subsequent Uyak Bay LLC and request to rezone the parcels from RI -Single -Family Bruce Kososki Residential District to B -Business District (Case No.17-026). Legend Public Hearing Notice Feet ,,0 o tz00 z400 4,900 - Subject Parcels y,• E O Notification Area Kodiak Island Borough GIS had: IIWww.kodlekak.uatgls (907)496.9998 Community Development Department =__+ Access Roads Th., man is a --trot ki i fo�miooai...... _ miy and is not norm for any legal roprmomauons. gnconstrucad Right of Ways Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... 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Page 154 of 359 a LL �W a �3W zs ' Ordinance No. FY 2018-05 Amending The 2008 Comprehensive Plan... Page 154 of 359 AGENDA ITEM «c1 : ))))))))§§§)§§))))§)))))\ ,,,rn,l�,,,,,w,,,,,a � )> § /®§)))! J;§(\\\§ § \ § ( § Ci \\§/))}i)§||r|}0 0 0000§; \ §r\/\\\/F§;/�,\(;}\\;\.. «!§§!!§!!!!!§|;;lE;§rl;;; § ] Ordinance wm,a 5 Amending The 2008Comprehensive mc. 8@,e of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 CASE: 17-025 APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer REQUEST: A Comprehensive Plan Amendment to change Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tact A, Larsen Bay Subdivision from Residential t Mixed Commercial/Waterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from RI-Single—Family Residential District to B -Business District (Case No. 17-026). Your Name: David Harmes Mailing Address: PO Box 83 Larsen Bay AK 99624 Your Property Description: Lot 7, Block 4, Tact A, Larsen Bav Comments: This request does not, meet the current Larsen Bav COtnm'elICUSiVe Zonin Plan, and if approved, could limit access to a traditional substance beach in Larsen Bay. The buildines on Lot IA are built across A Street. This property owner has purchased a lot north of 2 n street. With the approval of this request, is setting a president, that in the future, they could request the closer of that street, cutting off all access to the beach, and a traditional Substance beach. Case No. 17-025 Ordinance No. FY 2018-05 Amending The 2008 Comprehensive Plan... Page 156 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99015 (907)486-9363 www.kodlakakus A public hearing will be held on Wednesday, June 21, 2017, The meeting will begin at 6:30 p.m. in the Borough Assembty 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: 17-025 (Postponed at the April 19, 2017 regular meeting) APPLICANT: Uyek Bay LLC and Bruce Kososkl AGENT: Chad Elmer REQUEST: A Comprehensive Plan Amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mbeed CommercialNVaterfrontfResldential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Fatuity Residential District to B -Business District (Case No.17-026). LOCATION: Northeast portion of the City of Larsen Bay ZONING: R1 -Single-family Residential This notice Is being sent to you because our retards indicate you are a property ownerlttNerested party In the area of the request If you do not wish to testify verbally, you may provide yaw comments In the space below or M a letter to the Community Development Department. Written comments most be -rgcelved by 6 oro Tu esdav June 6 2017 to be cc�slcjnMdti-tho coLnmlos op, If you would Mks to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to simulhAkodiakakus. gyou 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 1-855-492-8202. One week prior to the regular meeting, on Wednesday, June 14, 2017, a work session wi0 be held at 6*30 p.m. In the Kodiak Island Borough Conference Room (#721), to review the packet material for the case Kodiak Island Borough Code provides you with specific appeal rote 0 you disagree with the Comntimlon's decision on title request 11 you have any questions about the request or your appeal rights, plea/se feel free to cap us at 485-9363. Your N...l! J4 OL bkf wueg ilaarw�Pd 'ey�� �LL(Srn r 4 Your propeny drvlpuon: L ytk� Co. lc 3g CO3 rani -%I l'.toj,�lit tiz 1n rJl[e(• a_ J I re 1 e x 9 Case No. 17-025 .ay Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 157 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 May 24, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Case #17-025 Case #17-026 Case #17-030 Case #17-025 The Borough Community Development Department proposes amending the current Larsen Bay Comprehensive Plan (Case 17-025) IN ORDER TO FACILITATE a rezone request (Case 17-016). The Borough shows no consideration for our Community when taking such an aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I strongly oppose any amendment to the Comprehensive Plan at this time. In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April 19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough wide authority to change regulations to address public necessity, convenience, general welfare or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed by the Planning and Zoning Commission when considering an application for a VARIANCE. Variances are provided..... for the purpose of relaxing zoning district requirements in special circumstances. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the high handedness of the Borough over the local community. We are a small secluded community. I believe that all Larsen Bay property owners and residents should have the opportunity to comment on an amendment to our Comprehensive Plan. The current Comprehensive Plan was written in 1984 and then reviewed in 2008. 1 recall a significant effort and input by the Council and the Community during the 2008 process. The current Comprehensive Plan does not allow for such a large amount of land to be rezoned from R-1 to Business. I believe a moratorium on rezone requests from Residential to Business will give the Community of Larsen Bay the opportunity for all property owners to come together and discuss future land use plans. Case #17-026 Based on the information I have I am also opposed to the rezone request (case #17- 026). The owner knew when purchasing the lots in question that they were zoned Single Family Residential properties. Why the requested change? Is this request part of the owners original Plan for the property? Does he feel he can come in to a Community and do as he pleases without regard for the standing law? As far as I am aware the property owner never discussed this rezone request with anyone in the Community. In addition to the 4lots being proposed for a rezone an additional 3 adjacent lots are owned by the same family in the form of business entities. These 7 lots encompass access to Moses's Beach which is a well used community Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 158 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 beach. What is the big picture here? I would like to hear what the property owner has in mind. Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned? If the lots are rezoned the property owner would be able to develop the property however he chose. On a recent bike ride I saw a substantial amount of building materials on the lots proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he expanding his business despite the current single family zoning? Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is approved/denied. Following is a rebuttal to each of the six points to be considered before a VARIANCE can be permitted in Case 17-26. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is/was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he knew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing for a business/commercial rezone at a later date? 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare Adjacent property owners object to noise and traffic associated with large groups of people with a vacationing/anything goes mind set. There is also a question of the City being able to provide adequate water and electrical utilities. The land is law lying and swampy which raises the question of supporting a septic system for sewage for a commercial property. The EPA would need to be consulted as to if the property could support an appropriate septic system and to protect the public health. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The rezone of 4lots from residential to commercial is contrary to the objectives of the Larsen Bay Comprehensive Plan as written in 1984 and reviewed in 2008. Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 159 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and There is a substantial amount of building material on the lots proposed for the rezone which are indicative of the owners intent to develop the property prior to an approved rezone. Is the owners moving forward prior to approval an attempt to get relief from his investment? 6. That granting the variance will not permit a prohibited land use in the district involved. Following is a description in KIB Zoning Code which clearly shows the rezoning to business or commercial is a prohibited land use for these four Single Family Resident lots. 17.75.010 Description and intent. The RI single-family residential zoning district is established as a land use district for small lot single-family residential dwellings where public water and sewer services are available. For the single-family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents an those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. (Ord. 83-17-0 §2, 1983. Formerly §17.18.0101. Respectfully, Jane Petrich Lot 5, Blk19 PO Box 52 Larsen Bay, AK 99624 Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 160 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9353 www.kodiakak.us A public hearing will be held on Wednesday, April 19, 2017. 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: 17-026 APPLICANT: Uyak Bay LLC and Bruce Kosaski AGENT: Chad Elmer REQUEST: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 - Single -Family Residential District to B -Business District. LOCATION: Northeast portion of the City of Larsen Bay ZONING: R1 -Single-family Residential This notice is being sent to you because our records Indicate you are a property ownerinlerested 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, Tuesday. April 4, 2017 to be considered 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 ssmithAkodiakak.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 loll free telephone number Is 1.855492-9202. One week prior to the regular meeting, on Wednesday, April 12, 2017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free n to call usat48t6�-9363. 1 /� Your Name: I rlT�j f�W 7Y11 Y1` l l#xinc.11 Mailing AddTrvss rr c Uo I,`Lt7fstyktt Your property description: �l?%lemy �i LAY -RVI pi:W tV161 \Ia11k 111E I OR Comments: Y kG ir- r e Cine I 4VC, S MAY 2 6 1011 Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 161 of 359 May 30 17 09:32a AGENDA ITEM #C. 1. P.1 PUBLIC HEARING ITEM 7-A P 6 Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)466-9363 www.kodiakak.us I PUBLIC HEARING NOTICE on Wednesday, June Zl, 2017. The meeting will begin at 6:30 p.m. , 710 Mill Bay Road Kodiak, Alaska, before the Kodiak Island Be CASE: 17-026 (Postponed at the April 19, 2017 regular meeting)�— APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer 17 --05D REQUEST: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. LOCATION: -----Northeast portion af.the-City of Larsen Bay ZONING: RI -Single-family Residential This notice is being sent to you because our records indicate you arc a property ownerlimcrosted 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 am. Tuesday. June 6. 2017 to be canatdemd by the commission. If you would like to 6u your comments to us, our fax number is: (907) 486.9396, or you may email your comments to ssmitle0kodiakakm . If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local ci telephone number is 486.3231. The toll free telephone number is 1-855492-4202. One week prior to the regular meeting, on Wednesday, June 14, 2017, a wank session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for 1he 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 yow appeal rights, please feel free to call us at 486-9363. You Name: Mailiva Addrnr: Yau protcrty demripliva: Canmenb + _ �c Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 162 of 359 AGENDA ITEM #C. 1. May 30 17 09:32a p.2 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21, 2017 We, the undersigned, oppose the requests in Case 17.025, Case 17-026 and Case 17-030. The Comprehensive Plan should not be amended to change Future Land Use Designations from Residential to Mixed Commercial/Waterfront/Residential. Lots 3A, 2, 3, and 4, Block 3, Tract A and Lot 4, Black 19, Tract A should not be rezoned from RI -Single -Family Residential to B - Business District. The Applicants were aware of the zoning restrictions when purchasing the properties and in some instances have already flagrantly violated the zoning ordinances and expressed intention to continue to do so if denied re -zoning. The Comprehensive Plan for the City of Larsen Bay was made after extensive discussion, review and input of the city, tribal and residents. It entailed significant and serious effort to look out for the well being of this community for generations to come. It carefully balanced the land between residential and commercial. There is no reason to deviate from these designations. Both applicants are hunting and/or fishing lodges. There are already enough of these in Larsen Bay. The local wildlife and natural resources cannot support additional lodges. The safety of persons and property are compromised by bear -attracting activities such as cleaning fish and hanging deer so close to residences and schools. The City resources and utilities cannot support additional business. Further, additional commercial properties raise real estate prices to the extent that locals are being pushed out. No changes should be made. Name:_=a-C� r� Mailing Address: '?l% 'i7 //�( �a,-3-r,, / �� .4/:1 J� Property Description: HUii<r.> Name: LO -,\N N-,- mt_).Sor+ Mailing Address: Q'0. R Cyf,3 ��RSc r� �V !ice llyz l'6r�� Property Description: Name:e,'Wa L =�'j I ai� e Mailing Address: _An)e- p Property Description: 00 W.Sr J-i�r+rn Br, 1 C.9 iC OSOSg1 . Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 163 of 359 AGENDA ITEM #C. 1. May 30 17 09 32a p.3 PUBLIC HEARING ITEM 7-A - - _ P 8 Z REGULAR MEETING. JUNE 21, 2017 SlaAoo Name: to `In%J� !, Mailing Address: `R— I--10.Sao bn� 1 `Lh Ci`7ba4 Property Description: Name:7 4d Mailing Address: clog/// 24 Property Description: haus .� Name: (1L,-4,ti,,._ti1 Mailing Address: ,R. Dx I L b Property Description: 1-66e S Name:i I lGi t o {7777 l R n- c,-Sbc\— Mailing Address: VD L�]�I- �SZ_ `Czy-eeQcn SaL) -, Ory- 'C)LOP4 Property Description: 01(- , 1 j �, V 1 _ao Name:�i�.�l.I/lz At A'0<1L Mailing Address: /_ [J- �nX 3 �i/2S��U Property Description: /ocic 'z`�� L (e- LName: Name:SA -h liLIJ,04:C Mailing Address: Y'U t3D)C L/ L,4g'se-y 9/�-y Ej%E2% i Property Description: %L1� Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 164 of 359 May 30 17 09 33a Mailing Address:_ Property Description: S L 10V V ilk 19. Lo r Name: 5,r—,O. "-.\, �N0ik&M� Mailing Address: 9 n •��, Zh Property Description: 1"L.bS -v"a � ' Z AGENDA ITEM #C. 1. p.4 PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 Mailing Address:' r--)' \Y, 49 Property Description: Mailing Address: Property Description: w Mailing Address: 1S .J Property Description: Name: 6 ZT 7 6 i L c� Mailing Address: `�s 1" Property Description: Case No. 17-025 SC Z (Z Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 165 of 359 AGENDA ITEM #C.1. May 30 17 09.34a p.5 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21. 2017 Name: fo�w�n g p, Mailing Address: ox, 76 �... --U Property Description: Hlf�1JE Name:7 4e 4k5iaEf s Mailing Address: 06 40 1; 74 Property Description: ✓'$ . 'trGU( Name: „t1t4,LGr_ Mailing Address: 90 Property Description: i Name: 1 Mailing Address: zge %-e Z44- r:e-r Property Description: _ /-F��[, Nam `� Mailing Address: %� r�y Y /* Property Description:/n] 7-0(0 k Name: Q C Mailing Address: �. U O l�iil �'i �. n�^q�,✓\ c 1 (%�Lt q�.ea�� I I � Property Description: cy Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 166 of 359 AGENDA ITEM #C. 1. May 30 17 09 34a P.6 PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING. JUNE 21, 2017 t -TC J LE Casa Na. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 167 of 359 April 21, 2017 Uyak Bay LLC Mr. Bruce Kososki PO Box 126 Larsen Bay, 99615 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING'. JUNE 21. 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17-025. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommerciaVWaterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No.17-026). Dear Mr. Kososki: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on April 19, 2017 postponed action on the case referenced above until their June 21, 2017 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496.9363. Sincerely, 0-pu D. CSIQ- Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 168 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21. 2017 CASE 17-024. Request a Title 18 Land Disposal Review to consider disposal of 1 lock 2, Tract A, Bells Flats Subdivision 8 Lot 4, Block 1, Tract A, Bells ats Sub 'sion (Chapter 18.20 KIBC) The intent of this request is to harmon' Fire Depart nt leases with property ownership. The applicant is the Kodiak Islan orough and the a nt is the Resource Management Officer. The location is 538 S Pent Creek Road and th oning is PL -Public Use Lands. COMMISSIONE PALINGER MOVED to adopt Planning and Zoning Cc ission Resolution No. FY 2017-18 r mmending disposal by lease of Lot 1A, Block ract A, Bells Flats Subdivision and Lot , lock 1, Tract A, Bells Flats Subdivision (Ch er 18.20 KIBC) and to adopt the findings of fact led in the staff report dated March 30, 7, entered into the record for this case as "Findings o ct" for Case No. 17-024. Daniel Mckenna-Foster reporte he owner of this property he Kodiak Island borough. This case is basically an update to existing lease—ther are no significant changes to the property or use. Duane Dvorak, Resource Management icer, sta this case is similar to the Fire Protection Area 1 request. He gave some history. Open public hearing: Dave Conrad, Womens Bay Road Servic rea & istant Fire Chief, feels the borough should retain useable, buildable land for the f re. Close public hearing: Commission discussion FINDINGS OF FACT 1. The Borough has o ed this parcel for several decades and I ed it for fire department use. 2. Disposal by le of this parcel satisfies a public need and enhances health, safely, and welfare of B ugh residents. 3. This requ is supported by Public Facilities & Services goals and policie ' entified in the 2008 prehensive Plan. ROLL LL VOTE ON MOTION CARRIED UNANIMOUSLY C R ARNDT called a 5 minute recess at 7:43 p.m. AIR ARNDT reconvened the meeting at 7:48 p.m. E. CASE 17-025. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommercialfWaterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from RI -Single -Family Residential District to B -Business District (Case No.17-026). COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025. Director Mason reported a complaint was received in 2016 alleging lodges were operating on R1 -Single -Family Residential zoned lots in Larsen Bay. A commercial lodge has operated on R1 -Single -Family Residential zoned Lot 1 (now Lot 1A), Block 3, Tract A, Larsen Bay Subdivision since construction of the main lodge building in 1998. The applicant purchased Lot 1 (now Lot 1A) and vacant Lot 2 in 2008 and continued the lodge operation since. In 2009, the Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Case No. 17-025 Page 4 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 169 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-A P 8 Z REGULAR MEETING: JUNE 21, 2017 applicant purchased Lots 3 and 4 and expanded the lodge operation onto those lots. All subject parcels are zoned R1 and lodges are not a permitted use in that district To facilitate the rezone, the Future Land Use Designation must be changed from Residential to Commercial or Mixed Waterfront/Commercial/Residential which is consistent with Business and R1 zoning. A previous rezone of Lot 1 (now Lot 1A) to Business was approved by the Assembly on December 4, 2008. That rezone had an effective clause requiring that zoning compliance for all buildings be obtained within 24 months of approval for the rezone to become effective but zoning compliance was not obtained and the rezone became void. This Comp Plan future land use designation change is consistant with the objectives of the Comp Plan and satisfies the requirements of Title 17 and staff recommends approval. In response to CHAIR ARNDT'S inquiry of whether they need to change the timeline from 24 to 36 months for the proposed ordinance or will staff be changing it. Director Mason slated she thought Jack Maker made that change, COMMISSIONER SCHMITT MOVED TO AMEND line 62 to say "within 36 months" instead of 24 months. CHAIR ARNDT called for a voice vote. Sheila Smith, secretary, stated they need a roll call vote. In response, CHAIR ARNDT said an ordinance isn't something that's drafted and sent down afterward, he thinks we can do that, it's not part of our normal action. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Open public hearing: The following people called in from Larsen Bay: Jane Petrich spoke in opposition to the request. Hugh Karmen spoke in opposition to the request. Mike Carlson spoke in opposition to the request, Richard Henson spoke in opposition to the request. Lynn Stanton spoke in opposition to the request. Virginia Stanton spoke in opposition to the request. Brad Aga spoke in opposition to the request. David Hermes spoke in opposition to the request. Valen Norell spoke in opposition to the request. Robert Hochmuth spoke in opposition to the request Close public hearing: Commission discussion The commission directed staff to send notification to all Larsen Bay residents. COMMISSIONER SCHMITT MOVED TO POSTPONE Case 17-025 until the June 21, 2017 regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY F. CASE 17-026. Request a Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. COMMISSIONER SCHMITT MOVED TO POSTPONE Case 17-026 until the June 21, 2017 regular meeting. Open public hearing: None Close public hearing: Brief commission discussion Kodiak Island Borough Planning 8 Zoning Commission Minutes April 19, 2017 Case No. 17-025 Page 5 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 170 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: JUNE 21. 2017 ROLL CALL VOTE ON MOTION CASE 17-011 (Postponed from the February 15, 2017 regular meeting). Request a and Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thr r 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor t oh requesting competitive development plan proposals for the parcels pe) Motion on a Floor made at the October 19, 2016 regular m/de : COMMISSI ER SCHMITT MOVED to adopt Planning oning Commissi Resolution No. FY2017-\discusslon commending retention of Lots 11-14, and Tract Killarney Hills Subdivision adopt the findings of fact listed in the stort dated O er 5, 2016 and entered into ord for this case as "Findings of Fact' foNo. 17-01 .Themotionwnded by COMMISSIONER BALDWINFINDINGS Oupporting motion on the floor) 1. The Planand oning Commission has not comits ster planning effort to engage tlic an determine the community needsulfill by these properties. 2. This parcuses rec ational ball fields that are highe y numerous organizations in Kodiakre regula used for sporting and other ity events.3. Retentiois parcel i upported by various landnd parks & recreation goals, policies, plementation ctions identified in the adComprehensive Plan. Commission ssion COMMISSIONER SCHMITT MOV to postpone C e 17-011 to the August 16, 2017 Planning and Zoning Commission rE meeting. ROLL CALL VOTE ON MOTION CARR/ UNAN OUSLY OLD BUSINESS A. CASE 17-018. Reconsideration of the v n an ordinance amending Title 17 (Zoning) adding regulations pertaining to mariju a b inesses. This ordinance was drafted by the Community Development Depar undo 'rection of the Borough Assembly and includes recommendations made to t Borough ssembly by the Borough's Marijuana Task Force. Commissioner Arndt and Comm ioner Young file the Affidavit for Reconsideration. COMMISSIONER ARNDT should ake the following motio COMMISSIONER ARNDT MO D to reconsider the vote t n at the Planning and Zoning Commission regular meeting f March 22, 2017 on Case No. -018 to recommend that the Assembly of the Kodiak Isl d Borough approve Ordinance No. Y2017-27, as amended by substitution, amending Tit 17 KIBC (Zoning) and to adopt the find) s of fact listed in the staff report dated February 1 2017 and entered into the record as "Findi s of Fact" for Case No. 17-018. ROLL CALL VOTE N MOTION TO RECONSIDER CARRIED UNANIM SLY COMMISSIONE SCHMITT MOVED to recommend that the Assembly of a Kodiak Island Borough appy a Ordinance No. FY2017-27, as amended by substitution, a nding Title 17 KIBC (Zonin and to adopt the findings of fact listed in the staff report dated Fe ary 1, 2017 and entero nto the record as "Findings of Fad" for Case No. 17-018. Discuss' FIND GS OF FACT (In support of motion on the floor as amended) 1. gistered voters in the Kodiak Island Borough voted to legalize select mar ana establishments under State of Alaska Ballot Measure #2 in 2014. AS 17.38.110 provides for the implementation of local controls for marijuana establishmen Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Case No. 17-025 Page 6 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 171 of 359 oN ®Oq V Y 0 gL ALASKA AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: APRIL 19, 2017 STAFF REPORT AND RECOMMENDATION Case No. 17-025. A Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommerciaVWaterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No. 17-026). DATE: March 31, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-025 APPLICANT: Uyak Bay LLC and Bruce Kcsoski AGENT: Chad Elmer LOCATION: NHN Second Street at northeast portion of the City of Larsen Bay LEGAL DSC: Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision ZONING: R1 -Single-family Residential FUTURE LAND USE DESIGNATION: Residential NOTICE: Thirty-one (31) public hearing notices were mailed on March 6, 2017. No public hearing notices were returned as of the date this report was prepared. SITE VISIT: Virtual via GIS 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. • Zoned C -Conservation by Ordinance No. 77-15-0. • Rezoned R1 -Single -Family Residential by Ordinance No. 77-19- 0. 2. Lot Size: • Lot 1A is 19,400 sq. ft. / Lots 2, 3, and 4 are 15,200 sq. ft. each. • Total area subject to this request is 65,000 sq. ft. or 1.5 acres. 3. Existino Land Use: Commercial lodge operation consisting of: • Lot 1A—Main lodge building and three accessary buildings. • Lot 2 — Vacant (developed with driveway to rear of main lodge building). • Lot 3 — Single-family residence used to lodge overflow clientele. • Lot 4 — Single-family residence used to house lodge staff. 4. Surroundino Land Use and Zoning: • Vacant waterfront (Uyak Bay) R1 zoned lot to the northeast. • R1 zoning to the north and west (single-family residences and vacant parcels). • R1 and B zoning and uses to the east and southeast (single-family residences and a commercial lodge). • R1 and C zoning and uses to the south (single-family residences and vacant parcels). 5. Comprehensive Plan: Assigned a Future Land Use Designation of Residential by both the 1968 Comprehensive and 2008 Comprehensive Plans. Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 172 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: APRIL 19, 2017 6. Applicable Comprehensive Plan Future Land Use Designations: 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. Mixed Commercial/Waterfront/Residential: This designation is unique to Larsen Bay and Ouzinkie and is not specifically defined by the 2008 Comprehensive Plan. Staff has determined this designation to fall within the Mixed Use Future Land Use Designation. The Mixed Use designation is Intended to allow for a mix of residential and small-scale commercial uses, including retail uses and home occupations in the Rural Neighborhood Commercial Zoning district. It also may for bed and breakfasts and lodges if they are of a limited size. Only a portion of any mixed commercial/residential use area would be expected to be developed for commercial use. 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 Reoort 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. Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 173 of 359 PND uo4 Y Y Ym 0 O 3 ALASKA STAFF ANALYSIS AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: APRIL 19, 2D17 On May 25, 2016, the previous Mayor of the City of Larsen Bay fled a complaint alleging that several lodges were operating on R1 -Single -Family Residential zoned properties in Larsen Bay (a prohibited use in that zoning district)'. Staff has confirmed those allegations and is currently working with the respective property owners in an effort to bring their properties into compliance with Title 17 KIBC (Zoning). This rezone request is an effort by one of those property owners to bring their property into compliance. A commercial lodge has operated on R1 -Single -Family Residential zoned Lot 1 (now Lot 1A), Block 3, Tract A, Larsen Bay Subdivision since construction of the main lodge building in 1998. The lodge building and use was established by the previous property owner without consulting the Community Development Department As a result, no zoning compliance was issued for construction of the lodge building and a prohibited use has been established on an R1 -Single - Family Residential zoned lot. The current owner (applicant) purchased Lot 1 (now Lot 1A) and adjacent vacant Lot 2 in 2008 and has continued the lodge operation since that purchase. In 2009, the applicant purchased adjacent Lots 3 and 4 and has since expanded the lodge operation onto those parcels. All subject parcels are zoned R1 -Single -Family Residential. Although the applicant inherited the zoning violation associated with the main lodge building an Lot 1A, he has further exasperated the situation by expanding the lodge use onto Lots 3 and 4 and constructing additional buildings without obtaining zoning compliance. The applicant desires to continue the existing commercial lodge operation. To legally do so, the lodge must be brought into compliance with Title 17 KIBC (Zoning). Lodges have been determined to be similar in characteristics to that of a hotel or motel that supports recreational activities, all of which are permitted uses in B -Business zoning. Consequently, a rezone of the subject parcels to B -Business is required. A rezone to B -business is not consistent with the current Residential Comprehensive Plan Future Land Use Designation assigned to the parcels. Accordingly, to facilitate the rezone, the Future Land Use Designation must be changed from Residential to Commercial or Mixed WaterfronUCommercial/Residential (those designations that are consistent with B -Business zoning). In this case, the applicant is requesting that the lots be designated Mixed WaterfrontICommercial/Residential. That designation is consistent with both B -Business and R1 -Single Family Residential zoning. It was chosen to allow the flexibility of rezoning any or all of the parcels back to R1 -Single -Family Residential without having to request another Future Land Use Designation change, should the applicant ever desire to change the use of any parcel back to residential. FUTURE LAND USE DESIGNATION, ZONING, AND USE The subject parcels are currently assigned a Future Land Use Designation of Residential and are correspondingly zoned R1 -Single -Family Residential. The Lots are currently developed with the following structures that support the existing lodge operation (a prohibited use in R1 zoning): Lot 1A2 • 6,080 sq. ft. main lodge building containing five guest suites, large entertainment room, main dining room, and kitchen (construction completed by previous owner in 1998). A 512 sq. ft. accessory building (shop/storage building). A 252 sq. ft. accessory building ("Crab Shack" dining/entertainment building) A 120 sq. ft. green house. 'Appendix 1 -Complaint 2 Appendix 2 - Lot 1A Photos Case No. 17.025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 174 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P 82 REGULAR MEETING: APRIL 19, 2017 Lot 2 • The only development on this parcel is a driveway that provides access to the rear of the main lodge building on Lot 1A. Lot 33 • 1,295 sq. ft. single-family residence occasionally used to lodge overflow clientele (constructed in 2012 by the applicant). Lot 4° • 1,296 sq. ft. single-family residence used to house lodge staff (constructed in 1985 by a previous owner). RECENT DEVELOPMENT TRENDS IN THE AREA Development trends in the immediate area consist of the gradual construction of single-family residences. One of the residences is the one constructed by the applicant on Lot 3 in 2012 (occasionally used to lodge overflow clientele). The other was constructed on adjacent Lot 2A, Block 2, Tract A, Larsen Bay Subdivision in 2013. COMPATABILITY OF LAND USES The lots are situated within a mixed zoning area (111, B, and C) near the waterfront at the eastern end of the City of Larsen Bay. Parcels in the surrounding area are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed Commercial/Waterfront/Residential, and Conservation. Surrounding development consists of single-family residences, a commercial lodge, and vacant parcels. The existing main lodge has operated on Lot 1 (now Lot 1A) since 1998. Since 2009, associated lodge activities have expanded into structures on Lots 3 and 4. With the exception of the complaint filed by the previous Mayor of the City of Larsen Bay, the Borough has no other record of complaints from neighboring property owners regarding the activities taking place on the site. Therefore, the existing lodge appears to be compatible with other established uses in the surrounding area. LAND SUITABILITY The subject lots range from 19,400 sq. ft. (Lot 1A) to 15,200 sq. ft. each (Lots 2, 3, and 4). They are served by the City water, sewer, and electric systems. Lot 1A has accommodated the existing main lodge building and use for 19 years. Lots 3 and 4 have accommodated the expanded lodge activities associated with those lots for five to eight years. Although Lot 2 is currently only used for driveway access to the rear of the main lodge building, it seems capable of accommodating any potential expansion of the existing lodge use. Accordingly, the lots appear suitable for the lodge use. The lots are also of sufficient area to accommodate a variety of other commercial uses that that would be allowed if rezoned to B -Business. TRAFFIC IMPACTS The lots are accessed by a local roadway (2nd Street). That roadway has adequately accommodated the traffic generated by the lodge use and all other surrounding uses since the lodge has been in operation. Changing the Future Land Use Designation to Mixed CommercialANaterfront/Residential and rezoning to B -Business will allow the lodge use to continue, which should result in no change to local traffic levels. The roadway also appears capable of accommodating any increase in traffic that may occur if the lodge were expanded or a more intensive permitted B -Business zoning use were established on any of the lots. 'Appendix 3 - Lot 3 Photo 4 Appendix 4 - Lot 4 photo Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 175 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: APRIL 19, 2017 COMPREHENSIVE PLAN CONSISTENCY This Comprehensive Plan Future Land Use Designation change Is consistent with the following goals, policies, and implementation actions of the adopted Comprehensive Plan: • Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. • Policy., Maximize compatibility of adjacent land uses and minimize conflicts through zoning, design standards, and other means. • Polic : Zone lands to meet future housing, commercial, industrial, and other land needs. o Implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for the projected uses, and conditions or constraints that may affect development. Consider the use of public or private Native -owned lands to helpmeet these needs. o Implementation Action: Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated in the Borough to meet future economic needs... • Land Use Goal., Develop a comprehensive management framework to encourage economic development while protecting coastal resources. • Policy., Encourage future industrial and commercial development to be sited and constructed to promote the most effective utilization of waterfront areas and coastal resources. • Economic Goal: Diversify the overall economy of the Kodiak Region. • Policy: Encourage and facilitate small business development on Kodiak Island. • Larsen Bay Land Use Goal: Enhance flexibility of land use regulations. • Policy., Address concerns about the social impacts of some lodges located within neighborhoods. o Implementation Action: Allow small scale commercial and mon: bed -and -breakfasts and lodges under certain circumstances, such as in mixed-use zones. • Larsen Bay Economic Goal., Retain residents. • Policy., Improve economic opportunities in Larsen Bay. o Implementation Action: Develop additional industries and businesses that are attractive to Larsen Bay. PREVIOUS REZONE REQUEST AND REPLAT OF LOT 1 CREATING LOT 1A It is important to note that in 2003, the Borough received a request to rezone eight Larsen Bay parcels in the subject area from R1 -Single -Family Residential to B -Business (PBZ Case No. 03- 011, no corresponding Future Land Use Designation Change was requested). Lots 1 and 2 were included In that request. At that time, the process of updating the Larsen Bay annex to the 2008 Comprehensive Plan had just begun. In an effort to ensure the requested rezones were consistent with the objectives of the updated annex, the case was postponed until the 2008 Comprehensive Plan was adopted. Case Na. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 176 of 359 AGENDA ITEM #C.1. PUBLIC HEARING REM 7.E P 8 Z REGULAR MEETING: APRIL 19, 2017 After adoption of the plan, the Commission held a public hearing on the rezone requests during a September 20, 2008 special meeting in Larsen Bay. After the public hearing the Commission voted unanimously to forward the rezone request for Lot 1 (now lot 1A) and two other lots (Lots 1 and 3, Tract A, Larsen Bay Subdivision) to the Borough Assembly with a recommendation for approval. At that same meeting, the Commission denied the rezones for the other five lots (including Lot 2). Staff review of the case file shows that this was due the intent of the rezone requests being to accommodate existing lodges. The three lots recommended for approval were developed with existing lodges; the other five lots were vacant. Subsequently, only the rezones of those lots developed with lodges were recommended for approval. The rezone of Lot 1 received final approval by the Assembly after a public hearing at their December 4, 2008 regular meeting (KIB Ordinance No. FY 2009-11)5. The rezone ordinance contained the following effective clause, as recommended by the Commission: "Prior to the rezone becoming effective, the petitioners will obtain zoning compliance for all structures and uses located on the developed lots located within the approved rezone area. Should the zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void." The zoning compliance required by the above effective clause was never obtained. Accordingly, the rezone approval is null and void and the parcel remains zoned R1 -Single -Family Residential. It appears as if zoning compliance was not obtained within the required timeframe due to the time it took for the applicant to address an encroachment of the main lodge building onto adjacent City of Larsen Bay right-of-way. A December 13, 2007 As -Built Survey of the parcels showed that the building encroached 21.4 feet beyond the eastern property line onto the adjacent right-of-way. The encroachment was briefly mentioned in the staff report for the rezone request, but no specific action to remedy the encroachment was provided. Staff speculates that the above effective clause was intended to address the encroachment, as zoning compliance could not be issued until it was resolved. To address the encroachment, the applicant submitted an application to vacate the subject right of way and incorporate it into Lot 1 to create Lot 1A. That request was scheduled for public hearing at a September 20, 2008 special meeting. At that meeting, and at various other meetings, the request was continuously postponed resulting in the case going to final public hearing at the April 21, 2010 regular meeting. The intent of all postponements was to allow the applicant time to negotiate the right-of-way vacation with the City of Larsen Bay. After the April 21, 2010 public hearing, the Commission granted preliminary approval of the vacation. The Final Plat depicting the vacation and incorporating the right-of-way into lot 1 to create Lot 1A was approved on November 9, 2010 and recorded on November 10, 2010 (Plat No. 2010-19)7. Staff review of the plat shows that the building itself no longer encroaches, but the building's deck encroaches 8.1 feet into the right-of-way. Accordingly, the applicant would have had to remove the deck or provide documentation from the City of Larsen Bay that authorized the deck encroachment prior to staff issuing zoning compliance. There is no record of those actions being taken. Subsequently, zoning compliance was not issued by the December 4, 2010 deadline, resulting in the rezone becoming null and void. Staff recommendations to address the deck encroachment and other noted issues are listed below. ° Appendix 5 - Ordinance No.FY2009-11 ° Appendix 6 - As -built Survey 7 Appendix 7 - Plat 2010-19 Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 177 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: APRIL 19, 2017 N as P Q �L ALASKA ADDITIONAL COMMENTS In addition to the deck encroachment, staff noted the following Issues that must be remedied prior to any approved Comprehensive Plan Future Land Use Designation change and corresponding rezone becoming effective: 1. Zoning compliance has not been issued for any of the buildings on the subject parcels. 2. The main lodge building encroaches into the five foot side yard setback required for the current R1 zoning. 3. The provided site plan shows that the single-family residence on Lot 3 encroaches into the five foot side yard setback required for the current R1 zoning and may possibly encroach across the east side lot line. Should the Future Land Use Designation change and the corresponding rezone be approved, the encroachments into the R1 zoning side yard setbacks will be abated, as there are no setback requirements in B -business zoning. All other issues can be addressed by requiring the applicant to provide an as -built survey showing the location of all structures on the properties and to obtain zoning compliance for all structures and uses on the properties. Upon the provision of the as -built survey, staff would more thoroughly review the properties and accurately identify any additional actions that may be required prior to issuing zoning compliance (such as requesting a variance or a replat to adjust or eliminate lot lines). Zoning compliance would not be issued until all noted nonconformities were brought into compliance with Title 17 KIBC (Zoning). To ensure the properties are brought into compliance prior to the Future Land Use Designation change becoming effective; staff has inserted the following effective clause in the attached draft ordinance: • "This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcels. Should the as -built survey and zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void." This rezone request is an effort by the applicant to abate a zoning violation. Should the Future Land Use Designation change and corresponding rezone be approved with the recommended effective clause, those approvals would not become effective until an as -built survey was provided and zoning compliance was obtained. Zoning compliance would not be Issued until the properties comply with Title 17 KIBC (Zoning). Accordingly, should the applicant take all of the actions required to bring the properties into compliance and obtain zoning compliance, the violation will be abated. Should the Future Land Use Designation change and corresponding rezone not be approved or an as -built survey not be provided and zoning compliance not be obtained within the designated timeframe, the violation will remain open. Subsequently, staff would follow up with the enforcement action necessary to ensure all structures and uses on these lots are brought into compliance with Title 17 KIBC (Zoning). CONCLUSION Staff has determined that this Comprehensive Plan Future Land Use Change 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 as set forth In the recommended findings of fact. Anticipating a favorable recommendation to the assembly, a draft amendment ordinance is attached to this report. Case Na. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 178 of 359 RECOMMENDATION AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: APRIL 19, 2017 Staff recommends that the Commission forward this Comprehensive Plan amendment request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective clause. 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 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered Into the record for this case as "Findings of Fact" for Case No. 17-025. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The applicant desires to continue the use of an existing commercial lodge that has operated on these R1 -Single -Family Residential zoned lots for 5 to 19 years. Lodges are not a permitted use In R1 -Single -Family Residential zoning. Lodges are a permitted use in B -Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lots. Accordingly, the Future Land Use Designation of the lots must be changed to a designation that is consistent with B - Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lots are situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed CommercialM/aterfront/Residential, and Conservation. The amendment Is consistent with that mixture of designations. 3. The lots have adequately accommodated the existing lodge buildings and use for 5 to 19 years and appear to be suitable for such use. The amendment will facilitate a rezone to B -Business that will allow the existing lodge use to continue. The lots are also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. Case No, 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 179 of 359 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING'. APRIL 19, 2017 Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOTS 1A, 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RESIDENTIAL TO MIXED COMMERCIAL I WATERFRONT I RESIDENTIAL (P&Z CASE NO. 17-025) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/ Residential; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the 2008 Comprehensive Plan amendment request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the 2008 Comprehensive Plan Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision be changed from Residential to Mixed Commercial/Waterfront/Residential, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-025 Ordinance No. FY2017-XX Page 1 of 3 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 180 of 359 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: APRIL 1B, 2017 WHEREAS, the Planning and Zoning Commission hereby recommends that this amendment be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision is hereby changed from Residential to Mixed Commercial/Waterfront/Residential. Section 3: This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcels. Should the as -built survey and zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The applicant desires to continue the use of an existing commercial lodge that has operated on these R1 -Single-family Residential zoned lots for 5 to 19 years. Lodges are not a permitted use In R1 -Single Family Residential zoning. Lodges are a permitted use In B -Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lots. Accordingly, the Future Land Use Designation of the lots must be changed to a designation that is consistent with B - Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lots are situated among parcels that are assigned a mixture of Comprehensive Plan Future land Use Designations consisting of Residential, Commercial, Mixed Commercial/Waterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lots have adequately accommodated the existing lodge buildings and use for 5 to 19 years and appear to be suitable for such use. The amendment will facilitate a rezone to B -Business that will allow the existing lodge use to continue. The lots are also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further Implement, various land use and economic goals, policies, and Implementation actions identified in the adopted Comprehensive Plan. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-025 Ordinance No. FY2017-XX Page 2 of 3 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 181 of 359 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: APRIL 19, 2017 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 12017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-025 ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-XX Page 3 of 3 Version 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 182 of 359 AGENDA ITEM #C. 1. 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Ordinance No. FY 2018-05 Amending The 2008 Comprehensive Plan... Page 186 of 359 AGENDA ITEM #C. 1. Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 187 of 359 AGENDA ITEM #C.1. Ordinance No. FY 2018-05 Amending The 2008 Comprehensive Plan... Page 188 of 359 1� a � r _ v -tea . i 1' yf: I' 4�(II I Ordinance No. FY 2018-05 Amending The 2008 Comprehensive Plan... Page 188 of 359 AGENDA ITEM #C.1. Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 189 of 359 � 1 ( 1' I� 1 EA, J 1;. Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 189 of 359 AGENDA ITEM #C.1. r � o N r � Z �6 Z Z U J W J 7 W LL' N a _ Y V' 0 CL � � o J 4 z x C U i rt I Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 192 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING'. APRIL 19, 2017 Appendix 5-KIB Ordinance No. FY2009-11 2 2 Introduced by Manager Gifford Requested by: Manager Gifford 4 Drafted by: CDD Staff 5 Introduced: 11/00/2008 6 Public Hearing: 12/0412008 Adopted: 12/1)412008 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009.11 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 11 TRACT OF LAND IN THE LARSEN BAY TOWNSITE LEGALLY DESCRIBED 12 AS TRACT A, BLOCK 3, LOT 1 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B•BUSINESS DISTRICT (CASE 03.011) 14 15 WHEREAS, the Uyak Bay Lodge Is a long established hunting and fishing lodge; and 16 WHEREAS, owners of this establishment Initially sought to rezone the parcels of land that the 17 lodge is located upon from R1 -Single Family Residential to B -Business in 2003, in keeping with 18 the use of the propedy for lodge purposes; and 19 WHEREAS, the Commission postponed this initial rezone request In 2003 pending completion 20 of the new Kodiak Island Borough Comprehensive Plan; and 21 WHEREAS, with the completion of the comprehensive plan the Commission flew to the 22 Larsen Bay community in May and September to conduct two public meetings to take public 23 testimony from the village residents on the rezoning request of these and other parcels; and 24 WHEREAS, The commission is recommending that the Assembly find that a rezone to the B- 25 Business zoning district of this lot is generally consistent with the Comprehensive Plan. 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Larsen Bay Townsite, Tract A, Block 3, Lot 1 be rezoned from R1- Single Family 30 Residential to B -Business District subject to the effective clause stating: 31 'Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located an the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be mel within 24 months of Assembly approval, this approval shall become null 35 and void.' 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020A. Findings as to the Need and Justification for a Change or 40 Amendment. 41 Kodiak Island Borough Case No. 17-025 Ordinance No. FY2009-11 Page 1 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 193 of 359 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING'. APRIL 19, 2017 Appendix 5-KIB Ordinance No. FY2009-11 The purpose of the rezone is Intended to create commercial zoning district to accommodate existing lodge uses and structures located along the eastern edge of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is needed as the only feasible way for them to move Into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community Impacts associated with lodge uses. The current RUBA report and associated utility rate study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council Indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17 72 020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the comprehensive Plan. The Kodiak Island Borough has not established a Mixed -Use zone in order to fulfill the literal intent of the plan designation. As a result, the Mixed -Use designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone basis, in conformity with a generalized view of the comprehensive plan designations as previously discussed in the staff report. While the recommended zone changes are not entirely consistent with the explicit plan map designations in the KIB Regional Comprehensive Plan Update. the recommendations do take into account existing development patterns, community comments, plan recommendations (generally) and the sustainability of the community Infrastructure and social fabric of the community. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FOURTH DAY OF DECEMBER 2008 ATTEST: Nova M. Javier, C40, Borough rough Clerk Kodiak Island Borough KODIAK ISLAND BOROUGH Je me M. Selby, Bom Case No. 17-025 Ordinance No. FY2009-11 Page 2 of 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 194 of 359 AGENDA ITEM #C. 1. Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 195 of 359 AGENDA ITEM #C. 1. y:r �m xz � f a z li ■� nl fi 1,41 � �/ li ii li ;� , � � fl rAM � j' ■ Ir■IB { � � �j�a: ■i■ 'i■■ iia■ i t ■ n ■•! t•! , A 1 1 h. f t 1 'f1 'i if all 1 PH e 0 0'` , ? Is.l I ■ � l i 1 ' ■ �. ° i �OI� i• p � !'11 6t !Bili � li'�ii p;9�Bi� f I9I §� � � °a kt fr s=`: ,� ■!. j •: , f� � N y b U w . 1 A E�Eff 6S ' m i! 1 :uiimi Y j ®BO 0 a e e i• a i S a a i @i! E� sr S pgp Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 196 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING: APRIL 19, 2017 Kodiak Island Borough F Print Form Submit by Email Community Development Department 710 MITI Bay Rd. Rm 20S Kodiak AK 9961S Ph. (907) 486 - 9362 Fax (907) 486- 9396 httoWwwwAodiakakus PRDP_ID 5_ Application for Comprehensive Plan Amendment KIBC 17.205 I7-g,z5 The following information is to be supplied by the Applicant Property Owner/Applicant Owners: Uyak Bay LUC(Lots 1 A&2) -Bruce Kososki(Lots 3&4)/Aulhodzed agent (all lots): Chad Elmer Mailing Address: P.O. Box 128, Larsen Bay, AK 99615 Phone Number. Agent (760) 702.1667 Winter/(907)847-2200 Summer Other Contact email, etc Agent Chad®kodiaklegendslodge.com Legal Description: Subdv: Larsen Bay, Tract A Black 3 Lot: 1A,2,3,4 Street Address. NHN Larsen Bay, AK 99624 (located in northeast portion ofthe City of Larsen Bay) Current F.L.U.D-- Residential Proposed F.LU.D-- Mixed Commercial/Waterfront/Resit Applicable Comprehensive Plan: A. Kodiak Island Comprehensive Plan Update 2008 Explanation of the need &justification for a change or amendment of the applicable comprehensive plan: A commercial lodge has been operating on Lot 1 A since prior to 2003 (ownership has since changed, but the lodge use continues). A request to rezone Lot I (and various other parcels in the vicinity) from RI-Single-Famliy Residential to B -Business was submitted in 2003. That request was repeatedly postponed until late 2008 for various reasons. The Rezone of Lot Know Lot 1A) from Rl to B was finally approved on November 6, 2008 by K1 Ordinance No. FY2009-11. The rezone was not to become effective until zoning compliance for all structures and uses on the parcel was obtained and that the rezone would be null and void If that zoning compll- -ance was not obtained within 24 months of the ordinance's approval. The current owners have recently been made aware that the required zoning compliance was never obtained, which has rendered the previously approved rezone null and void. In an effort to continue the long standing lodge use, we are requesting to change the Comprehensive Plan Future Land Use Design- tion (FLUD) of Lot 1 A from Residential to Mixed Commercial/Waterfront/Residential to ensure a subsequent request to rezone the parcel from R1 to B Is consistent with the Comprehensive Plan. We also desire to expand the lodge use onto Lots 2, 3, and 4. Accord- Ingly, we have Included those lots In this request to ensure a subsequent request to rezone those parcels from RI to B is also consist- ent with the Comprehensive Plan. We are requesting the FLUD of these parcels be changed from Residential to Mixed Commercial/WaterfrontlResldential rather than Commercial to provide nexibllity with regards to possible future changes of use that may require a rezone. The Mixed Commercial/ Watettront/Resldentlal designation allows for both commercial and residential uses. Should we, or future owners, desire to change the use of one of the parcels from commercial back to residential, the required rezone could be requested without a prerequisite request to change the FLUD_ Continued on reverse Can No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 197 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING: APRIL 19, 2017 Explanation of the effect such a change or amendment would have an the objectives of the applicable comprehensive plan: The requested amendment does not appear to be contrary to the objectives of the Comprehensive Plan and Is consistent with var. lous Larsen Bay land use and economic goals, policies, and implementation actions listed In the plan. Accordingly, it appears that the amendment would further implement the objectives of the plan. Date: a_�g_I-1 Signature: C tT/�—� Authorized Agent CDD Staff Certification ---- — Date:Ol 017 CDD Staff. Payment Verification Fee Payable InCashiees0 ceRoom Y104 ainfoorofBoroughBuilding pl y KIBC S 030 Manner of Initiation. Changes In this may beV title may be initiated in the following manner. A.The assembly upon its own motion: Waiver of fee ,pe B. The commission upon its own motion: Waiver of fee 561'WhEb F� fO� PAID^\.Bypetition: Less than 1.75 acres: © $350.00 fefa CWP PJAP �(/(v,��\f 1.76 to 5.00 acres: 5750.00 AM" 1AEi-n d - MAR 06 2011 5.01 to 40.00 acres: 51,aoa.00 R�zar'E AFQUCg11� KODIAKibumciunUUGH 40.Ol acresormore: $1,500.00 nNANf'FrippamumT Orlt.M ONE fEE APPLIES DDE 10 $EING SU,?AIJTf-b W1110 CONCUP-kbf-FaONL REQEST a Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 198 of 359 POWER OF ATTORNEY The undersigned: AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P It Z REGULAR MEETING: APRIL 19, 2017 Bruce Alan Kasasld, holder of U.S. Passport Number 530853819 issued on 25 August 2015; Hercbv annoints: Chad Michael Elmer, holder of U.S. Passport Number 445473665, to be his true and lawful representative with full authority to sign any and all documents as required by the Stale of Alaska and the Kodiak Island Borough. This power of atlomey covers both my personal and business holdings (Tian Shan Holdings LLC and Uyak Bay LLC) in the state of Alaska. This power of Attorney shall remain in ef[ecl for one year from the date of my signature noted below. The undersigned also hereby covenants and agrees to indemnify and to hold harmless Chad Michael Elmer from and against any liability Chad might incur Cor any steps taken in connection with this Power of Attorney. SIGNED February 17s 2017 J By: Bruce Alan Kososki Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 199 of 359 AGENDA ITEM #C.1. PUBLIC HEARING ITEM 7-E P A Z REGULAR MEETING. APRIL 19, 2017 PAYMENT DATE Kodiak Island Borough BATCH NO. 03/06/2017 710 Mill Bay Rd. 2017-00000507 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2017-00000950 RECEIVED FROM CASHIER UYAK BAY, LLC Teresa Medina DESCRIPTION PID 20049, 20050, 20051, 20052 LARSEN BAY AK 99624 Printad hv: Teraso Medina Pann 1 nt 1 0310612017 11.27:.06 AM Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 200 of 359 AGENDA ITEM #C.1. n N OS ' . • ..'. . . ¢¢G ¢ RIG OF WAY O•�' U r 100., ..q.'. � CV w W J po y 7 N tk�g LARSEN BAY TRACT V 8 A BLK 3 LOT 2 h .} r o xJ WJ N > ~ � O c r � o z in U �y � o m 9� Le ---1 x , �— i Ordinance No. FY 2018-05 Amending The 2008 Comprehensive Plan... Page 201 of 359 March 8, 2017 Mr. Bruce Kososki Uyak Bay LLC PO Box 128 Larsen Bay, AK 99615 AGENDA ITEM #C. I. PUBLIC HEARING ITEM 7-E P & Z REGULAR MEETING. APRIL 19, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 17-025. Request a Comprehensive Plan amendment to change lire Future Land Use Designation of Lots IA, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commemial/Waterfront/Residential (K1BC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from RI -Single -Family Residential District to B -Business District (Case No. 17-026). Dear Mr. Kososki: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their April 19, 2017 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Buy Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, April 12, 2017 at 6:30 p.m. in the Borough Conference Room (AI21), 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 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 202 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P 8 Z REGULAR MEETING'. APRIL 19, 2017 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, April 19, 2017. 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: 17-025 APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer REQUEST: A Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial=aterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No.17-026). LOCATION: Northeast portion of the City of Larsen Bay ZONING: R1 -Single-family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, Tuesday. April 4. 2017 to be considered 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 ssmithcadkodiakak.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 1-855-492-9202. One week prior to the regular meeting, on Wednesday, April 12, 2017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 203 of 359 AGENDA ITEM #C. 1. PUBLIC HEARING ITEM 7-E P & 2 REGULAR MEETING: APRIL 19, 2017 Case 17-025 Request a Comprehensive Plan amendment to change Location the Future Land Use Designation of Lots 1A, 2, 3, and 4, Northeast portion of the Block 3, Tract A, Larsen Bay Subdivision from Residential City of Larsen Bay to Mixed Commercial/Waterfront/Residential (KIBC 17.205). Applicant The intent of this request is to facilitate a subsequent Uyak Bay LLC & request to rezone the parcels from R1 -Single -Family Bruce Kososki Residential District to B -Business District (Case No.17-026). n 12 12 2' 10 13 9 14 8 5 26 7 3 8 4 7 2 2A 1G 1 6 3 3 +i 9 ss: 1 4 7 4 ` 1 PT 5 2 2 \. T 3 1 Legend QSubject Parcels w e Q Notification Area S Rotliek ISlaod Borough G15 Community Development Department .... Ann,S %Roads hgp/lwrnv,kosiakak.uslgis (907) 486-9337 TMs map is sovidod m lnfamrtiamp purym mly and is of armadas for any logal copra ium, nslructcd R,,11 Ol Ways Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 204 of 359 Public Hearing Notice Fmpt 0 2]8 46013. 920 I Legend QSubject Parcels w e Q Notification Area S Rotliek ISlaod Borough G15 Community Development Department .... Ann,S %Roads hgp/lwrnv,kosiakak.uslgis (907) 486-9337 TMs map is sovidod m lnfamrtiamp purym mly and is of armadas for any logal copra ium, nslructcd R,,11 Ol Ways Case No. 17-025 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 204 of 359 AGENDA ITEM #C.1. 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Page 205 of 359 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES June 21, 2017 Regular Meeting ULL TO ORDER AGENDA ITEM #10.1. 6:30 pm -Borough Assembly Chambers order the June 21, 2017 regular meeting of the Planning & Zoning Commission p.m. PLEDGE F ALLEGIANCE CHAIR ARN led the pledge of allegiance. ROLL CALL Requested excusal s Greg Spalinger due to being out of state. Commissioners presen were Scott Amdt, Barry Altenhof, Maria P 'ter, and Alan Schmitt. Excused were Greg Spali er and Chris Hatch. A quorum was established. COMMISSIONER PAINTER MO D to excuse Greg Spain rand Chris Hatch. VOICE VOTE CARRIEDUNANIM0 LY Community Development Departments present w 7:25 p.m.), Sheila Smith, and Daniel LY a-Fost (ar VOICE VOTE ON MOTION CARRIED UNAN USLY APPROVAL OF AGENDA COMMISSIONER PAINTER MOVED to prove the e VOICE VOTE ON MOTION CARRIE UNANIMOUSLY APPROVAL OF MINUTES Director Sara Mason, Jack Maker (left 'ived 7:25 p.m.) COMMISSIONER SCHMITT MOVED to approve the May 17, 2 7 minutes. COMMISSIONER SCHMI MOVED TO AMEND on page 3, in\1-855-4 the bottom on his comments by stri ' g out the dangling clause at the end. VOICE VOTE ON M ION AS AMEND CARRIED UNANIMOUS CITIZENS' COM NTS For agenda It s not scheduled for public hearing and general cts limited to three minut per speaker. Local phone number is 486.3231; Toll -9202. None / HEARINGS its are limited to three minutes per speaker. Local number: 486-3231; Toll Free: A) CASE 17-025 (Postponed at the April 19, 2017 regular meeting). Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No.17-026). The applicant is Uyak Bay LLC and Kodiak Island Borough June 21. 2017 Planning & Zoning Commission Guidelines Page 1 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 206 of 359 AGENDA ITEM #C. 1. Bruce Kososki, and the agent is Chad Elmer. The location is the Northeast portion of the City of Larsen Bay. The zoning is R7 -Single-family Residential. Case 17-025 Postponed at the April 19 RM to June 21 RM. Motion on the floor: COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A. Larsen Bay Subdivision from Residential to Mixed CommerciaVWaterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025. The motion was seconded by COMMISSIONER SPALINGER FINDINGS OF FACT (In support of Motion on the floor) 1. The applicant desires to continue the use of an existing commercial lodge that has operated on these R1 -Single -Family Residential zoned lots for 5 to 19 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B - Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lots. Accordingly, the Future Land Use Designation of the lots must be changed to a designation that is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lots are situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed Commercial/Waterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lots have adequately accommodated the existing lodge buildings and use for 5 to 19 years and appear to be suitable for such use. The amendment will facilitate a rezone to B - Business that will allow the existing lodge use to continue. The lots are also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. S. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. Jack Maker stated this request is a prerequisite to a following Case 17-026 rezone request for the same parcel. It was postponed at the April regular meeting to allow staff to notify all Larsen Bay residents and to allow for more comments. Lot 1A has had a lodge operating on it for 19 years. They applied for a rezone in 1993 and that case was postponed to 2008 to allow input from the City of Larsen Bay on their annex to the Comp Plan. Once the Comp Plan update was adopted, the rezone came forward again in 2008. The rezone of Lot 1 was approved with an effective clause that required the applicant get a zoning compliance for all buildings on the parcel but zoning compliance was not Issued due to many conditions to be met. At the work session, commissioners expressed interest in dividing the motion and that the rezone for Lot 1A be forwarded to the assembly for approval. Staff recommended postponement on the other parcels. Open public hearing: Jane Petrich (caller) spoke opposing the request. G. H. Karmen (caller) spoke opposing the request. David Hermes (caller) spoke opposing the request. Close public hearing: Commission discussion Kodiak Island Borough Planning & Zoning Commission Guidelines June 21, 2017 Page 2 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 207 of 359 AGENDA ITEM #C. 1. COMMISSIONER SCHMITT MOVED to call for the division of the motion to separate Lot to from the remaining lots in the request. ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY CHAIR ARNDT called a five minutes recess at 6:54 p.m. CHAIR ARNDT reconvened the meeting at 6:59 p.m. COMMISSIONER SCHMITT MOVED to recommend the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommeroiaVWaterfront/Resldential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the supplemental staff report dated June 15, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025. Discussion EFFECTIVE CLAUSE This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcels. Should the as -built survey and zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lot. Accordingly, the Future Land Use Designation of the lot must be changed to a designation that is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lot is situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed CommerciaVWaterffont/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The amendment will facilitate a rezone to B - Business that will allow the existing lodge use to continue. The lot is also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommerciaVWaterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025 as it applies to said lots. COMMISSIONER SCHMITT MOVED to postpone Case 17-025 Motion #2 to the April 2018 regular meeting. Discussion Kodiak Island Borough Planning 8 Zoning Commission Guidelines June 21, 2017 Page 3 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 208 of 359 AGENDA ITEM #C. 1. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY CASE 17-026 (Postponed at the April 19, 2017 regular meeting). Request a Rezone L is 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Fa y Re .dentia) District to B -Business District. The applicant is Uyak Bay LLC and ce Kos ki, and the agent is Chad Elmer. The location is the Northeast portion of the ity of Larne ay, and the zoning is R1 -Single-family Residential COMMIS ONER YOUNG MOVED to recommend that the Kodiak Island Boroug Assembly approve th ezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivi on from R1- Single-Famil esidential District to B -Business District (KIBC 17.205), subje o an effective clause, and to dopt the findings of fact listed in the staff report dated Mar 31, 2017 and entered into the r ord for this case as "Findings of Fact" for Case No. 17-02 . Maker stated this i he corresponding rezone to Case 17-025. Everyth' g is pretty much the same. We provided di ction for dividing the motion in the guidelines. R arding encroachments of the existing lodge bu Ing on Lot 1A, on page 292 of the case pac t that is taken right from the plat where they replat d Lot 1 to become 1A. During that replat ey incorporated a portion of A Street Right -Of -Way. ning Compliance was not obtained w' in 24 months. A 50' portion of A Street, the entire Right- -Way was vacated so A Street n onger goes through there that was done through platting wh h the City of Larsen Bay w involved in because it was a vacation of their Right -Of -Way a it had to be approved by em. Half of the Right -Of -Way all the way from that point where of it is dedicated t Second Street was vacated and incorporated into Lot IA. No portion f the actual build' gs encroaches according to the plat. According the plat, the building does t encroach b the deck does. Should the rezone be approved, prior to issuing zoning com 'ance we ould make sure the encroachment was addressed? Open public hearing: Jane Petrich (caller) inquired what the vote w on the previous case and spoke opposing the request. Close public hearing: Commission discussion -Amendments y be offered this time. COMMISSIONER SCHMITT MOVE to call for the div 'on of the motion to separate Lot 1A from the remaining lots in the requ . ROLL CALL VOTE ON DIVISIO OF MOTION CARRIED U NIMOUSLY Motion #1 COMMISSIONER SCHMIT MOVED to recommend that the Ko k Island Borough Assembly approve the rezone of Lo A, Block 3, Tract A, Larsen Bay Subdiv ion from R1 -Single -Family Residential District to B usiness District (KIBC 17.205), subject to a effective clause, and to adopt the findings of f t listed in the supplemental staff report dated June 15, 2017 and entered into the rec d for this case as "findings of tact" for Case No. -026 as it applies to said lot. FINDINGS OF CT 1. The app nt desires to continue the use of an existing commercial lodge th has operated on this -Single-family Residential zoned lot for 19 years. Lodges are not a rmihed use in R1- Ingle Family Residential zoning. Lodges are a permitted use in B -Rusin ss zoning. Acc dingly, the lot must be rezoned from Rt -Single -Family Residential Dis ' t to B- B iness District to allow the commercial lodge operation to continue. 2. a lot is situated within a mixed zoning area that includes Rt -Single -Family Residen I, B- usiness, and C -Conservation zoning and uses. The rezone is consistent with that in ed zoning. Kodiak Island Borough Planning & Zoning Commission Guidelines June 21, 2017 Page 4 Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 209 of 359 June 28, 2017 Uyak Bay LLC Mr. Bruce Kososki Mr. Chad Elmer PO Box 128 Larsen Bay, AK 99615 AGENDA ITEM #C.1. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (9071486-9363 Pax(907)4B6-9396 www.kodiakak.us Re: Case 17-025 (Postponed at the April 19, 2017 regular meeting). Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommerclallWaterfront/Residential (KIBC 17.205). The Intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No.17-026). Dear Mr. Kososki and Mr. Elmer: The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 21, 2017, moved to divide your request into two motions. Motion #1 The commission moved to recommend the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial[Watedront/Resldential (KIBC 17.205), subject to an effective clause. EFFECTIVE CALUSE This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcels. Should the as -built survey and zoning compliance requirement not be mel within 36 months of Assembly approval, this approval shall become null and void. The commission also adopted the following findings of fact In support of their recommendation to the assembly: FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use In R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 210 of 359 AGENDA ITEM #C.1. assigned to the lot. Accordingly, the Future Land Use Designation of the lot must be changed to a designation that Is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lot Is situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed CommercialNVaterfronUResidential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The amendment will facilitate a rezone to B - Business that will allow the existing lodge use to continue. The lot is also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions Identified In the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. Please contact the Borough Clerk's Office at 486-9310 for Information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code stales: 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 and submits the required $350 appeal fee. Should this Comprehensive Plan Amendment be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. Motion #2 The commission moved to postpone Motion #2 to the April, 2018 regular meeting. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, � � ^ c( Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning 8 Zoning Commission Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan... Page 211 of 359 AGENDA ITEM #C.2. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 3, 2017 ASSEMBLY REGULAR MEETING f. SUBJECT: Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-026). ORIGINATOR: Jack Maker RECOMMENDATION: Move to advance Ordinance No. FY2018-06 to public hearing at the next regular meeting of the Assembly. DISCUSSION: This rezone request follows a 2008 Comprehensive Plan amendment request for the same parcels (Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision, P&Z Case No. 17- 026, KIB Ordinance No. FY2018-05). As was the case with the associated Comprehensive Plan amendment request (P&Z Case No. 17-026), the Planning and Zoning Commission initially postponed the rezone request. The request was later divided by separating the proposed rezone of Lot 1A from lots 2, 3, and 4. The Commission then unanimously voted to recommend that the Assembly approve the rezone of Lot 1A and postponed the proposed rezone of Lots 2, 3, and 4 to their April 19, 2018 regular meeting. The intent of the postponement is to allow sufficient time for further public input on the request as it applies to those lots and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan to address the establishment of new lodges in that community. Accordingly, the ordinance before the Assembly only applies to Lot 1A ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 212 of 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #C.2. Introduced by: KIB Manager Drafted by: PBZ Commission Introduced on: 08/03/2017 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-06 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RII-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (PBZ CASE NO. 17-026) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B - Business District; and WHEREAS, the request was submitted in an effort to bring an existing nonconforming commercial lodge operation into compliance with Title 17 (Zoning) of the Borough Code; and WHEREAS, the aforementioned commercial lodge has been in operation on Lot 1A since construction of the main lodge building in 1998 and, since 2009, has expanded onto Lots 2, 3, and 4; and WHEREAS, on April 19, 2017, at an advertised public hearing consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-06 Page 1 of 3 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 213 of 359 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #10.2. WHEREAS, after receiving public testimony in opposition of the proposed rezone, the Planning and Zoning Commission voted to postpone the request to the June 21, 2017 regular meeting to allow additional time for further public input; and WHEREAS, at a June 21, 2017 public hearing that was advertised to all property owners in the City of Larsen Bay, the Planning and Zoning Commission further considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission, in an effort to separately address the longstanding commercial lodge use from the more recently expanded lodge use, voted to divide the request by separating the proposed rezone for Lot 1A from Lots 2, 3, and 4; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be rezoned from R1 -Single - Family Residential District to B -Business District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission voted to postpone the rezone request for Lots 2, 3, and 4 to the April 19, 2018 regular meeting to allow sufficient time for further input by the City of Larsen Bay and residents and to accommodate a review of the City of Larsen Bay annex to the 2008 Comprehensive Plan; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Borough Assembly considered the merits.of the rezone request as it applies to Lot 1A, Block 3, Tract A, Larsen Bay Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 1A, Block 3, Tract A, Larsen Bay Subdivision are hereby rezoned from R1 - Single -Family Residential District to B -Business District. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 19 years. Lodges are not a permitted use in Rt -Single -Family Residential zoning. Lodges are a permitted use in B - Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. Kodiak Island Borough, Alaska Ordinance No. FY2018-06 Deletion — Red, Strikeout Page 2 of 3 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 214 of 359 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 AGENDA ITEM #C.2. 2. The lot is situated within a mixed zoning area that Includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed In B -Business zoning. 4. The rezone is consistent with the Mixed Commercia]ANaterfronUResidential Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17- 025). The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions Identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Effective Date: This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the as -built survey and zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2018-06 Page 3 of 3 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 215 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-13 P 8 Z REGULAR MEETING: JUNE 21. 2017 N KIB Location & Zoning Map wE _ 5 Legend QSubject Parcels Zoned R1 7. a . . II � Zoning Legend Public Use Lands = Rural Residential 1 Multi Family Residential = Light Industrial Q Watershed Rural Residential 2 Business Rural Neighborhood Commercial 0 Conservation [ Single Family Residential ® Retail Business Urban Neighborhood Commercial Rural Residential I,_" _] Two Family Residential i' Industrial [-'; Natural Use Notllek Island eomugne15 Communlly OavNopment Department ====Awaaflwda My:/ IcoclakakuLeis (607)496.9317 piN kreridedbu�iymbWrepewrdlvu p un ad flgnt dM Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 216 of 359 Request: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R7 -Single -Family an . A ay LLC and Bruce Kososki Residential District to B -Business District.. ,gent: Chad Elmer s� 0 101 200 A L A :. 100 �C 205 10 to 20 PNO 8" 9 Z Y Q 0 G'aS O`1 AL49HA AGENDA ITEM #10.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: JUNE 21, 2017 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-026. A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (KIBC 17.205).. DATE: June 15, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 21, 2017 Regular Meeting CASE: 17-026 APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer LOCATION: NHN Second Street at northeast portion of the City of Larsen Bay LEGAL DSC: Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision ZONING: R1 -Single-family Residential FUTURE LAND USE DESIGNATION: Residential NOTICE: Thirty-one (31) public hearing notices were mailed on March 6, 2017 and ninety- two (92) public hearing notices were mailed on May 3, 2017. Seven (7) public hearing notices (one (1) signed by twenty-two (22) residents) were returned as of the date this report was prepared. STAFF ANALYSIS At the June 14, 2017 work session, the Commission suggested the following with regard to this request: 1. Divide the main motion by separating the request to rezone Lot 1A from Lots 2, 3, and 4; 2. Increase the Lot 1A draft rezone ordinance effective clause timeframe from 24 months to 36 months. 3. Increase the postponement timeframe for the rezone of lots 2, 3, and 4 from 90 days to 180 days. The below recommendation, motions, and attached draft ordinance have been revised to reflect all of the above. RECOMMENDATION Staff recommends the following: 1. Division of the main motion to separate the rezone of Lot 1A from Lots 2, 3, and 4. 2. Forwarding the rezone request for Lot 1A, Block 3, Tract A, Larsen Bay Subdivision to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective clause. 3. Postponing the rezone request for Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision to the December 20, 2017 regular meeting. APPROPRIATE MOTION Staff note: The only motion previously made for this case was a motion to postpone the request to the June 21, 2017 regular meeting. Case No. 17-626 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 218 of 359 N �q Y Q 0 Oi ALASKA AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: JUNE 21. 2017 Move to recommend that the Kodiak Island Borough Assembly approve the rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 - Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-026. MOTION TO DIVIDE Should the Commission agree with the staff recommendation, the appropriate motion is: Move to divide the motion into two parts as follows; 1) Move to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1A, Black 3, Tract A, Larsen Bay Subdivision from R1 -Single - Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-026 as it applies to said lot; and 2) Move to recommend that the Kodiak Island Borough Assembly approve the rezone of Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 - Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-026 as it applies to said lots. Should this motion be approved, staff recommends Case No. 17-026 Motion No. 1 be amended to refer to the revised findings of fact listed in this report as follows: MOTION TO AMEND Move to amend Case No. 17-026 Motion No. 1 by Inserting "supplemental" before "staff report" and by striking "March 31, 2017" and inserting "June 15, 2017." Staff recommends that both the motion to amend and the main motion, as amended, be approved. Staff recommends Case No. 17-026 motion No. 2 be postponed as follows: MOTION TO POSTPONE Move to postpone Case No. 17-026 motion No. 2 to the December 20, 2017 regular meeting. FINDINGS OF FACT FOR CASE NO. 17-026 MOTION NO. 1 (KIBC 17.205.020.A -C) 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use In R1 -Single Family Residential zoning. Lodges are a permitted use in B - Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The lot Is situated within a mixed zoning area that includes Rt -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 219 of 359 PN °oq f aJ-ALASKA AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: JUNE 21, 2017 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed Commercial/Waterfront/Residential Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17- 025). The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified In the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 220 of 359 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: JUNE 21, 2017 Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 17.026) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly the Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be rezoned from R1 -Single - Family Residential District to B -Business District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 1 of 3 Insertion — Bold, Blue, Underlined Case No. 17-026 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 221 of 359 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING'. JUNE 21, 2017 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 1A, Block 3, Tract A, Larsen Bay Subdivision are hereby rezoned from R1 - Single -Family Residential District to B -Business District. Section 3: This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the as -built survey and zoning compliance requirement not be mel within 36 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B - Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed CommercialM/aterfront/Residential Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17- 025). The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2017. Kodiak Island Borough, Alaska Ordinance No.FY2017-XX Deletion — Red, Strikeout Page 2 of 3 Insertion — Bold, Blue, Underlined Case No. 17-026 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 222 of 359 AGENDA ITEM #C.2. Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 223 of 359 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING, JUNE 21, 2017 92 93 KODIAK ISLAND BOROUGH ATTEST: 94 95 96 97 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 98 99 VOTES: 100 Ayes: 101 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Case No. 17-026 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 223 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING. JUNE 21, 2017 City of Larsen Bay P.O. Box 8 Larsen Bay, AK 99624 (907) 847-2211 Fax (907) 847-2239 Email: citvoflarsenbay@aol.com Resolution 17-31 A RESOLUTION OPPOSING AND REQUESTS A MORATORIUM ON KODIAK ISLAND BOROUGH REZONING CASES 17-025, 17-026, AND 17-30 WHEREAS, the Larsen Bay City Council is a governing body of the City of Larsen Bay, and; WHEREAS, the City participated in a community meeting for the review of our Comprehensive Plan In 2008, and; WHEREAS, the current Comprehensive Plan does not allow for a large amount of property to be rezoned, and; WHEREAS, the City received several notices regarding rezoning of residential property, and; THEREFORE IT BE RESOLVED: they City Council of Larsen Bay would like to place a moratorium on these rezoning rases, and; THEREFORE IT BE FURTHER RESOLVED: the community of Larsen Bay would like to request another formal review of our Comprehensive Plan with the borough, just the same as it was done In 2008. PASSED and ADOPTED by a duly constituted quorum of the Larsen Bay City Council this 14th of June. 2017 SIGNED: ' (Mayor) ATT add e_ Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 224 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-13 P 8 Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363wivw.kodinkak.us NOTICE A public hearing will be held on Wednesday, June 21, 2017. 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: 17-026 (Postponed at the April 19, 2017 regular meeting) APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer REQUEST: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. LOCATION: Northeast portion of the City of Larsen Bay ZONING: R1 -Single-family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 am, Tuesday. June 6. 2017 to be considered 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 ssmilhrtkodiakakm . If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number Is 486.3231. The tall rime telephone number is 1.855-492.9202. One week prior to the regular meeting, on Wednesday, June 14, 2017, a work session will he held at 6:30 p.m. in the Kodiak Island Borough Conference Room (4121), 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, lease feel free to call us at 486-9363. Your Nom: Sherr_�II� , o�an PIL6,P—�,y�R .9 c�/�,� h3n]; &I'sen Tim A� Your prupertydnrrlpaon: LO -1 7 (b(f i k' `f l �.O,fStn t QP- 'I QW 14 [ 16 bu Indo L b XfPz 1M C41Kt7.f�f.E f�i.yzaa ,d �! 1A1 A �� lP 4,y Yij hAL�✓e R. o -k (4/0 'A Kr' a n l , - iz un h 7 rt 2 0 WE OAJL aAQQ" 01 M 4'o 10 f 0 1 - ME earnny�J�L;cia.Q lLod,,�,��J?��nrn�ar�w-� �va,rnaJ�. n �tvv�L� ry' eQp1NYl.Q/1't�" �alFllll `�"^^�a5 a. 5('V Chir C61!/(Li�+� 1't QE�� mtA.uN" Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 225 of 359 AGENDA ITEM #C.2. 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING USS 4872 LARSEN BAY TOWNSITE, TRACT A, BLOCK 16, 12 LOT 12 FROM R7- SINGLE FAMILY RESIDENTIAL 13 TO B -BUSINESS ZONING DISTRICT (CASE NO. 08-21) 14 15 WHEREAS, the Kodiak Lodge is an established hunting and fishing lodge in the community; 16 and 17 WHEREAS, owners of this establishment seek to rezone the parcel of land in keeping with its 18 current use as a lodge and to be consistent with the new KIB comprehensive plan that Identifies 19 this parcel for commercial use; and 20 WHEREAS, the Planning and Zoning Commission (PBZC) conducted meetings and public 21 hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, PBZC recommends the Assembly find that a rezone of this parcel to B- Business 23 Is in keeping with the nature of the existing lodge operation and that it is consistent with the 24 2008 Comprehensive Plan that identifies this lot for commercial purposes; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance Is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsile, Tract A, Block 16, Lot 12 be rezoned from R1- Single 30 Family Residential to B-Buslness District subject to the following effective clause: 31 32 "Prior to the rezone becoming effective, the petitioners will obtain zoning 33 compliance for all structures and uses located on the developed lots located 34 within the approved rezone area. Should the zoning compliance requirement not 35 be met within 24 months of Assembly approval, this approval shall become null 36 and void." 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 39 hereby confirmed as follows: 40 17.72.020 A. Findings as to the Need and Justification for a Change or 41 Amendment. 42 The purpose of the rezone is intended to create commercial zoning districts to 43 accommodate existing lodge uses and structures located along the western side 44 of the Larsen Bay Subdivision near the small boat harbor. The petitioners have Kodiak Island Borough Ordinance No. FY2009-08 Page 1 of 2 Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 226 of 359 Previeous Larsen Bay Lodge PUBLIC HEARING ITEM 7-13 Rezone Ordinances P 8 Z REGULAR MEETING'. JUNE 21, 2017 1 Introduced by: Manager Gifford 2 Requested by: PBZC 3 Drafted by: CDD Staff 4 Introduced: 10/162008 5 Public Hearing: 11/062008 6 Adopted: 11/062008 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009-08 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING USS 4872 LARSEN BAY TOWNSITE, TRACT A, BLOCK 16, 12 LOT 12 FROM R7- SINGLE FAMILY RESIDENTIAL 13 TO B -BUSINESS ZONING DISTRICT (CASE NO. 08-21) 14 15 WHEREAS, the Kodiak Lodge is an established hunting and fishing lodge in the community; 16 and 17 WHEREAS, owners of this establishment seek to rezone the parcel of land in keeping with its 18 current use as a lodge and to be consistent with the new KIB comprehensive plan that Identifies 19 this parcel for commercial use; and 20 WHEREAS, the Planning and Zoning Commission (PBZC) conducted meetings and public 21 hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, PBZC recommends the Assembly find that a rezone of this parcel to B- Business 23 Is in keeping with the nature of the existing lodge operation and that it is consistent with the 24 2008 Comprehensive Plan that identifies this lot for commercial purposes; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance Is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsile, Tract A, Block 16, Lot 12 be rezoned from R1- Single 30 Family Residential to B-Buslness District subject to the following effective clause: 31 32 "Prior to the rezone becoming effective, the petitioners will obtain zoning 33 compliance for all structures and uses located on the developed lots located 34 within the approved rezone area. Should the zoning compliance requirement not 35 be met within 24 months of Assembly approval, this approval shall become null 36 and void." 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 39 hereby confirmed as follows: 40 17.72.020 A. Findings as to the Need and Justification for a Change or 41 Amendment. 42 The purpose of the rezone is intended to create commercial zoning districts to 43 accommodate existing lodge uses and structures located along the western side 44 of the Larsen Bay Subdivision near the small boat harbor. The petitioners have Kodiak Island Borough Ordinance No. FY2009-08 Page 1 of 2 Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 226 of 359 AGENDA ITEM #C.2. Prevleous Larsen Bay Lodge PUBLIC HEARING ITEM 7-B Rezone Ordinances P 8 Z REGULAR MEETING. JUNE 21, 2017 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 227 of 359 45 indicated that the rezone is needed as the only feasible way for them to move 46 into zoning compliance status. Staff analysis indicates that the nature and scale 47 of the current use appears to be more commercial at this point in time and that a 48 rezone to B -Business will create not likely result In additional commercial 49 development that would require additional resources from the city's limited 50 infrastructure system. With the recent update to the KIB Regional 51 Comprehensive Plan and it is now time to start making zoning decisions in order 52 to restore and maintain the balance between residential and commercial uses in 53 the Larsen Bay community. 54 55 Because the community leadership capacity has diminished in recent years due 56 to the tumover of leadership and administrative staff, the recommendations in 57 this case are limited to those lots where existing lodge use and structures are 58 established in order to maintain the status quo level of both commercial benefits 59 to the community and related community impacts associated with lodge uses. 60 The current RUGA report and associated utility rate study, in conjunction with the 61 most recent resolution adopted by the Larsen Bay City Council indicate a need 62 for change to occur in the community leadership and administration in order to 63 re-establish continuity of government operations and restore community 64 sustainability before more commercial development potential is considered for 65 the Larsen Bay Community. 66 67 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 68 the Obieclives of the Comprehensive Plan. 69 The recommendation to approve this request is one based upon conditions in the 70 community and the recommendations of the 2008 KIB Comprehensive Plan 71 Update. A recommendation for approval would further the goals and objectives 72 of the comprehensive plan for Larsen Bay. 73 74 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 75 THIS SIXTH DAY OF NOVEMBER 2008 76 KODIAK ISLAND BOROUGH 77 78 79 80 81 ATTEST: Je a M. Selby, Borou h 82 83 84 85 86 Nava.Javier, 86rough Clerk 87 1 Kodiak Island Borough Ordinance No. FY2009.08 Page 2 of 2 Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 227 of 359 AGENDA ITEM #C.2. Prevlecus Larsen Bay Lodge PUBLIC HEARING ITEM 7-8 Rezone Ordinances P & Z REGULAR MEETING: JUNE 21, 2017 1 Introduced by: Manager Gifford 2 Requested by: P&zc 3 Drafted by: CDD Staff 4 Introduced: 10/16/2008 5 Public Hearing: 11/06/2008 6 Adapted: 11/06/2008 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009-09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 31 LARSEN BAY TOWNSITE, TRACT A, LOTS 1 AND 3 FROM R1- SINGLE FAMILY 12 RESIDENTIAL TO B -BUSINESS DISTRICT (CASE NO. 03-011) 13 14 WHEREAS, the Larsen Bay Lodge is a long established hunting and fishing lodge; and 15 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 16 lodge is located upon from R1- Single Family Residential to B -Business in 2003, in keeping 17 with the use of the property for lodge purposes; and 18 WHEREAS, the Planning and Zoning Commission (P&ZC) tabled this initial rezone request in 19 2003 pending completion of the new Kodiak Island Borough Comprehensive Plan; and 20 WHEREAS, upon completion of the Comprehensive Plan, the P&ZC conducted meetings and 21 public hearings in Larsen Bay on this and other parcels; and 22 WHEREAS, the commission Is recommending that the Assembly find that a rezone to B- 23 Business zoning district by lots making up this commercial venture is generally consistent with 24 the Comprehensive Plan; 25 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH that 27 Section 1: This ordinance is not of general application and shall not be codified 28 29 Section 2: Larsen Bay Townsite, Tract A, Lots 1 and 3 be rezoned from R1- Single Family 30 Residential to B -Business District subject to the effective clause slating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 herebv confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Change or 40 Amendment. E�j 41 The purpose of the rezone is Intended to create commercial zoning district to ■j 42 accommodate existing lodge uses and structures located along the eastern edge 43 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is Kodiak Island Borough Ordinance No. FY2009-09 Page 1 of 2 Case No. 17-028 Ordinance N0. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 228 of 359 E 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 AGENDA ITEM #10.2. Previeous Larsen Bay Lodge PUBLIC HEARING ITEM 7-13 Rezone Ordinances P & Z REGULAR MEETING'. JUNE 21, 2017 needed as the only feasible way for them to move into zoning compliance status. This request has been held in abeyance for five or more years awaiting an update to the KIB Regional Comprehensive Plan and it is now time to make these long awaited decisions in order to restore and maintain the balance between residential and commercial uses in the Larsen Bay community. Because the community leadership capacity has diminished in recent years due to the turnover of leadership and administrative staff, the recommendations in this case are limited to those lots where existing lodge use and structures are established in order to maintain the status quo level of both commercial benefits to the community and related community Impacts associated with lodge uses. The current RUBA report and associated utility rale study, in conjunction with the most recent resolution adopted by the Larsen Bay City Council indicate a need for change to occur in the community leadership and administration in order to re-establish continuity of government operations and restore community sustainability before more commercial development potential is considered for the Larsen Bay Community. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. 64 The Kodiak Island Borough has not established a Mixed -Use zone in order to 65 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 66 designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone 67 basis, In conformity with a generalized view of the comprehensive plan 68 designations as previously discussed in the staff report. 69 70 While the recommended zone changes are not entirely consistent with the 71 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 72 the recommendations do take into account existing development patterns, 73 community comments, plan recommendations (generally) and the sustainability 74 of the community infrastructure and social fabric of the community. 75 76 77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 78 THIS SIXTH DAY OF NOVEMBER 2008 79 so KODIAK ISLAND BOROUGH 81 r. 82 I, - 83 84 ATTEST: Je me M. Selby, Borough Ma r 85 86 87 0 A "LA 88 Nova M. Javier, Brough Clerk 89 Kodiak Island Borough Case No. 17-026 Ordinance No. FY2009-09 Page 2 of 2 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 229 of 359 AGENDA ITEM #C.2. 7 KODIAK ISLAND BOROUGH e ORDINANCE NO. FY2009-11 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 11 TRACT OF LAND IN THE LARSEN BAY TOWNSITE LEGALLY DESCRIBED 12 AS TRACT A, BLOCK 3, LOT 1 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B -BUSINESS DISTRICT (CASE 03-011) 14 15 WHEREAS, the Uyak Bay Lodge is a long established hunting and fishing lodge; and 16 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 17 lodge Is located upon from R1 -Single Family Residential to B -Business in 2003, in keeping with 18 the use of the property for lodge purposes; and 19 WHEREAS, the Commission postponed this initial rezone request in 2003 pending completion 20 of the new Kodiak Island Borough Comprehensive Plan; and 21 WHEREAS, with the completion of the comprehensive plan the Commission flew to the 22 Larsen Bay community In May and September to conduct two public meetings to take public 23 testimony from the village residents on the rezoning request of these and other parcels; and 24 WHEREAS, The commission is recommending that the Assembly find that a rezone to the B- 25 Business zoning district of this lot is generally consistent with the Comprehensive Plan. 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Larsen Bay Townsile, Tract A, Block 3, Lot 1 be rezoned from R1- Single Family 30 Residential to B -Business District subject to the effective clause stating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Chance or 40 Amendment, 41 Kodiak Island Borough Ordinance No. FY2009-11 Case No. 17-026 Page 1 of 2 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 230 of 359 Previews Larsen Bay Lodge PUBLIC HEARING ITEM 7-8 Rezone Ordinances P 8 Z REGULAR MEETING: JUNE 21, 2017 1 2 Introduced by: Manager Gifford Requested by: Manager Gifford 3 Drafted by. CDD Staff 4 Introduced: 111062008 5 Public Hearing: 12/042008 6 Adopted: 12/042008 7 KODIAK ISLAND BOROUGH e ORDINANCE NO. FY2009-11 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A 11 TRACT OF LAND IN THE LARSEN BAY TOWNSITE LEGALLY DESCRIBED 12 AS TRACT A, BLOCK 3, LOT 1 FROM R1- SINGLE FAMILY RESIDENTIAL 13 TO B -BUSINESS DISTRICT (CASE 03-011) 14 15 WHEREAS, the Uyak Bay Lodge is a long established hunting and fishing lodge; and 16 WHEREAS, owners of this establishment initially sought to rezone the parcels of land that the 17 lodge Is located upon from R1 -Single Family Residential to B -Business in 2003, in keeping with 18 the use of the property for lodge purposes; and 19 WHEREAS, the Commission postponed this initial rezone request in 2003 pending completion 20 of the new Kodiak Island Borough Comprehensive Plan; and 21 WHEREAS, with the completion of the comprehensive plan the Commission flew to the 22 Larsen Bay community In May and September to conduct two public meetings to take public 23 testimony from the village residents on the rezoning request of these and other parcels; and 24 WHEREAS, The commission is recommending that the Assembly find that a rezone to the B- 25 Business zoning district of this lot is generally consistent with the Comprehensive Plan. 26 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 Section 1: This ordinance is not of general application and shall not be codified 29 Section 2: Larsen Bay Townsile, Tract A, Block 3, Lot 1 be rezoned from R1- Single Family 30 Residential to B -Business District subject to the effective clause stating: 31 "Prior to the rezone becoming effective, the petitioners will obtain zoning 32 compliance for all structures and uses located on the developed lots located 33 within the approved rezone area. Should the zoning compliance requirement not 34 be met within 24 months of Assembly approval, this approval shall become null 35 and void." 36 37 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 38 hereby confirmed as follows: 39 17.72.020 A. Findings as to the Need and Justification for a Chance or 40 Amendment, 41 Kodiak Island Borough Ordinance No. FY2009-11 Case No. 17-026 Page 1 of 2 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 230 of 359 AGENDA ITEM #C.2. Previews Larsen Bay Lodge PUBLIC HEARING ITEM 7-B Rezone Ordinances P & Z REGULAR MEETING-. JUNE 21, 2017 42 43 The purpose of the rezone is intended to create commercial zoning district to accommodate existing lodge uses and structures located along the eastern edge 44 of the Larsen Bay Subdivision. The petitioners have indicated that the rezone is 45 needed as the only feasible way for them to move into zoning compliance status. 46 This request has been held in abeyance for five or more years awaiting an 47 update to the KIB Regional Comprehensive Plan and it Is now time to make 48 these long awaited decisions in order to restore and maintain the balance 49 between residential and commercial uses In the Larsen Bay community. 50 51 Because the community leadership capacity has diminished in recent years due 52 to the turnover of leadership and administrative staff, the recommendations in 53 this case are limited to those lots where existing lodge use and structures are 54 established In order to maintain the status quo level of both commercial benefits 55 to the community and related community impacts associated with lodge uses. 56 The current RUBA report and associated utility rale study, in conjunction with the 57 most recent resolution adopted by the Larsen Bay City Council indicate a need 58 for change to occur in the community leadership and administration in order to 59 re-establish continuity of government operations and restore community 60 sustainability before more commercial development potential is considered for 61 the Larsen Bay Community. 62 63 17.72.020 B. Findings as to the Effect a Change or Amendment would have on 64 the Oblectives of the Comprehensive Plan. '65 The Kodiak Island Borough has not established a Mixed -Use zone in order to 66 fulfill the literal intent of the plan designation. As a result, the Mixed -Use 67 designation will need to be fulfilled on a case-by-case, lot -by -lot, zone -by -zone 68 basis, in conformity with a generalized view of the comprehensive plan 69 designations as previously discussed in the staff report. 70 71 While the recommended zone changes are not entirely consistent with the 72 explicit plan map designations in the KIB Regional Comprehensive Plan Update, 73 the recommendations do take into account existing development patterns, 74 community comments, plan recommendations (generally) and the sustainabllity, 75 of the community infrastructure and social fabric of the community. 76 77 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 78 THIS FOURTH DAY OF DECEMBER 2008 79 KODIAK ISLAND BOROUGH 80 nn 81 J 82 83 ATTEST: Je me M. Selby, Borou 84 85 86 87 Nova M. Javier, C4C, Borough Clerk 88 Kodiak Island Borough Ordinance No. FY2009-11 Case No. 17-026 Page 2 of 2 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 231 of 359 AGENDA ITEM #C.2. Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 232 of 359 Previeous Larsen Bay Lodge PUBLIC HEARING ITEM 7-B f^ 1`•Jl Rezone Ordinances P 8 Z REGULAR MEETING: JUNE 21, 2017 Introduced by, Borough Manager 1 Requested by PBZ Commission 2 Drafted by: Community Development Director � � 3 Introduced. 1011712013 Public Hearing: 11/072013 4 Adopted: 11/072013 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-09 G 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING LOT 12, BLOCK 16, LARSEN BAY SUBDIVISION 11 FROM R1 -SINGLE-FAMILY RESIDENTIAL TO B -BUSINESS ZONING 12 DISTRICT 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 12, 15 Block 16 Larsen Bay Subdivision, and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this lot 21 be rezoned finding that the public necessity, convenience and general welfare and good 22 zoning practice would be enhanced by such action; and U 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: Lot 12, Block 16 Larsen Bay Subdivision is rezoned from R1 -Single-family 34 Residential to B -Business Zoning District. 35 36 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission O 37 are confirmed as follows: 38 39 17.205.020 A. Findings as the Need and Justification for a Change or 40 Amendment. 41 The applicable comprehensive plan supports this rezone which is needed to U 42 43 bring the operation of the lodge into compliance with the Kodiak Island Borough zoning code. 44 Kodiak Island Borough, Alaska Ordinance No. FY2014-09 Page 1 of 2 Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 232 of 359 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 AGENDA ITEM #C.2. Previews Larsen Bay Lodge PUBLIC HEARING ITEM 7-13 Rezone Ordinances P 8 Z REGULAR MEETING: JUNE 21, 2017 17.72.020 B. Findings as to the Effect a Change or Amendment would (, have on the Oblectives of the Comprehensive Plan IL ff A rezone from R1 -Single-family Residential to B -Business Zoning District would further implement the stated land use goal contained In the applicable comprehensive plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request, subject to the following effective dale: Prior to the rezone becoming effective, the petitioner will obtain after -the -Fact zoning compliance for all structures and uses established on the subject lot. Should the zoning compliance requirement not be met within six (6) months of Assembly approval, this approval shall become null and void. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF NOVEMBER, 2013 KODIAK ISLAND BOROUGH ATTEST: Ferrol Frie Borough Mayor Y61A, V - Qov, �_ Nova M. Javier, MMC, Orough Clerk Kodiak Island Borough, Alaska Case No. 17-026 Ordinance No. FY2014.09 Page 2 of 2 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 233 of 359 U 6 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 77 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 AGENDA ITEM #C.2. Previecus Larsen Bay Lodge PUBLIC HEARING ITEM 7-B Rezone Ordinances P & Z REGULAR MEETING: JUNE 21, 2017 Introduced by: Borough Manager Requested by. Planning and Zoning Commission Commission Dralled by: Community Development Department Introduced: 10/062016 Public Hearing: 10/20/2016 Adopted: 10/202016 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2017-18 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 13, BLOCK 16, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 16-038) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that 'Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and atter 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'; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 13, Block 16, Tract A, Larsen Bay Subdivision from R1 -Single-family Residential District to B- Buslness District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Cade 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that the lot be rezoned from R1 -Single-family Residential District to B -Business District finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Kodiak Island Borough, Alaska Case No. 17-026 Ordinance No. FY2017-18 Page 1 of 2 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 234 of 359 91 92 93 94 95 96 97 AGENDA ITEM #10.2. Previeous Larsen Bay Lodge PUBLIC HEARING ITEM 7-13 Rezone Ordinances P & Z REGULAR MEETING: JUNE 21, 2017 Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 13, Block 16, Tract A, Larsen Bay Subdivision is hereby rezoned from Fit - Single -family Residential District to B -Business District. Section 3: This ordinance shall become effective upon the issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the zoning compliance requirement not be mel within 24 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact In support of their approval of this rezone. 1. The applicant desires to continue the use of an existing commercial lodge that has operated without zoning compliance on this R1 -Single-family Residential zoned lot since 2005. Lodges are not a permitted use in Rt -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, a rezone to B -Business is needed to obtain the required zoning compliance that will allow the lodge operation to continue. 2. The lot is situated within a mixed zoning area that Includes R1 -Single-family Residential, B - Business, and C -Conservation zoning. 3. The lot Is adjacent to a B -Business zoned parcel that is developed with a commercial lodge. 4. The lot has accommodated the existing lodge buildings and use for 11 years and appears suitable for that use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed In B -Business zoning. 5. The rezone Is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to this lot. The rezone is also consistent with, and will further implement, various goals, policies, and Implementation actions identified In the adopted Comprehensive Plan. 6. The Planning and Zoning Commission recommended that the Borough Assembly approve this rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTIETH DAY OF OCTOBER, 2016 98lovR.EST:99100 f0I Javier, MM ,Borough Clerk 102 103 VOTES: 104 Yes: LeDoux, Rohrer, Skinner, Smiley 105 No: Crow, Symmons 106 Absent: Peterson Kodiak Island Borough, Alaska Case No. 17-026 KODIAK ISLAND BOROUGH �6,ffrtr 1, 1-0I' Jerrol Friend, Borough Mayor Ordinance No. FY2017-16 Page 2 of 2 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 235 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: JUNE 21, 2017 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-026. A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Rl-Single-Family R1-Single-FamilyResidential District to B -Business District KIBC 17.205 . DATE: June 7, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 21, 2017 Regular Meeting CASE: 17-026 APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer LOCATION: NHN Second Street at northeast portion of the City of Larsen Bay LEGAL DSC: Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision ZONING: R1 -Single -Family Residential FUTURE LAND USE DESIGNATION: Residential (change to Mixed CommerciaVWaterfrontl Residential pending results of Case No. 17-025) NOTICE: Thirty-one (31) public hearing notices were mailed on March 6, 2017 and ninety- two (92) public hearing notices were mailed on May 3, 2017. Five (5) public hearing notices (one (1) signed by twenty-two (22) residents) were returned as of the date this report was prepared. STAFF ANALYSIS This is the request to rezone the lots from R1 -Single -Family Residential District to B -Business District that is referred to in the preceding Comprehensive Plan amendment staff report and supplemental staff report for the same parcels (Case No. 17-025). The information provided In those reports also applies to this rezone request. RECOMMENDATION Staff recommends that the Commission forward the rezone request for Lot 1A, Block 3, Tract A, Larsen Bay Subdivision to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective clause, and that the request, as it applies to Lots 2, 3, and 4, be postponed to the September 20, 2017 regular meeting. 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 Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single - Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed In the supplemental staff report dated June 7, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-026 as it pertains to said lot, and to postpone the remainder of Case 17-025 that applies to Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision to the September 20, 2017. FINDINGS OF FACT (KIBC 17.205.020.A -C) 'Staff note: The below findings of fact have been revised to apply only to Lot 1A. Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 236 of 359 AGENDA ITEM #10.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: JUNE 21, 2017 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B - Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed Commercial/VValerfront/Residential Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17- 025). The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 237 of 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-9 P 8 Z REGULAR MEETING: JUNE 21, 2017 Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RI -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 17-026) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from R7 -Single -Family Residential District to B -Business District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly the Lot 1A, Block 3, Tract A, Larsen Bay Subdivision be rezoned from R1 -Single - Family Residential District to B -Business District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 1 of 3 Insertion — Bold, Blue, Underlined Case No. 17.026 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 238 of 359 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING'. JUNE 21, 2017 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 1A, Block 3, Tract A, Larsen Bay Subdivision are hereby rezoned from R1 - Single -Family Residential District to B -Business District. Section 3: This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the as -built survey and zoning compliance requirement not be met within 24 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B - Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed CommercialANaterfront/Resldentlal Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17- 025). The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 2 of 3 Insertion — Bold, Blue, Underlined Case No. 17-026 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 239 of 359 AGENDA ITEM #110.2. Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 240 of 359 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: JUNE 21, 2017 92 93 KODIAK ISLAND BOROUGH ATTEST: 94 95 96 97 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 98 99 VOTES: 100 Ayes: IDI Noes: Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Case No. 17-026 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 240 of 359 May 5, 2017 Mr. Bruce Kososki Uyak Bay LLC PO Box 128 Larsen Bay, AK 99615 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-8 P 8 2 REGULAR MEETING'. JUNE 21, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17-026. Request a Rezone of Lots IA, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from RI -Single -Family Residential District to B -Business District. Dear Mr. Kososki: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their lune 21, 2017 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Buy Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, June 14, 2017 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 and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. in advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department CC: Mr. Chad Elmer—chad@kodiaklegendslodge.com Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 241 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P a, Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486.9363 www.kodiakak.us 017 Public Hearina Item 7-B NOTICE A public hearing will be held on Wednesday, June 21, 2017. 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: 17-026 (Postponed at the April 19, 2017 regular meeting) APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer REQUEST: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. LOCATION: Northeast portion of the City of Larsen Bay ZONING: R1 -Single-family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must he received by 5 nm. Tuesday. June 6. 2017 to he considered by the coninmsion. If you would like to fax your comments to us, our fax number is: (907) 486.9396, or you may email your comments to ssmith(irkodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section or the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is I-855492-9202. One week prior to the regular meeting, on Wednesday, lune 14, 2017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. \'our Name: atailiag Adders.: Your property dnrripaon: Car mens: Case No. 17.026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 242 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-8 P 8 Z REGULAR MEETING. JUNE 21, 2017 Case 17-026 Request a Rezone of Lots 1A, 2, 3, and 4, Block 3, Location Tract A, Larsen Bay Subdivision from R1 -Single -Family Northeast portion of the Residential District to B -Business District. City of Larsen Bay Applicant Uyak Bay LLC and Bruce Kososki Legend - Subject Parcels wE 0 Notification Area ROEIak Island Borough GIS Community Development Department ee a Access Roaec htip'.O=diakak.u"" 19o114B6-9337 this mepb povieoa bnnfomlational purpm mlyand Is nn, INondod For any legal ropresemabans. Un.—Inr[lad Right of Ways Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 243 of 359 Public Hearing Notice peel 0 1,200 2.400 4,eoo l Legend - Subject Parcels wE 0 Notification Area ROEIak Island Borough GIS Community Development Department ee a Access Roaec htip'.O=diakak.u"" 19o114B6-9337 this mepb povieoa bnnfomlational purpm mlyand Is nn, INondod For any legal ropresemabans. Un.—Inr[lad Right of Ways Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... 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Your Name: David Harmes Mailing Address: PO Box 83 Larsen Bay AK 99624 Your Property Description: Lot 7, Block 4, Tact A, Larsen Bay Comments: This request does not, meet the current Larsen Bav Comprehensive Zonine Plan, and if approved, could limit access to a traditional substance beach in Larsen Bay. The buildines on Lot IA are built across A Street. This property owner has purchased a lot north of 2"'I street. With the approval of this request, is setting a president, that in the future, they could request the closer of that street, cutting off all access to the beach, and a traditional Substance beach. Case Na. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 247 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P a Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.Wdiaksk.us A public hearing will be held on Wednesday, dune 21, 2017. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Hay Road, Kodiak Alaska, before the Kodiak Island Borough Planning and Zoning Commission. to hear comments if any, on the following request: CASE: 17-026 (Postponed at the April 19, 2017 regular meeting) APPLICANT: Uyak Bay LLC and Bruce Kososld AGENT: Chad Elmer REQUEST: A Rezone of Lots 1A, 2, 3, and 4, Block 3, TractA, Larsen Bay Subdivision from Rt-Single-Famly Residential District to B -Business District. LOCATION: Northeast portion of the City of Larsen Bay ZONING: RiSingle4amity Residential This notice is being sent to you because our records indicate you are a pmperry ownerMlcrested Petry in the men of thereqML If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Cmnmunky Development DepaemeaL Britten comments must be rcccivtd bys um. Tuesofil.June 6. 201? -o re consider_,bt Ihe"commission,ifyou Wouldliketotilesyowsnmmeuumus,a faxnumbmis:(907) 66-9396, or you may email your commema to ss_ yijLhjatodiehak us. If you would Eke to testify via telephone, please call in your comments during, the appropriate public hearing section of the meeting. The local all -In telephone number is 49"271. The loll Bee telephone number B 1-855-492.9202. One week prior m the mgulm meeting, on Wednesday, June 14, 2017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material forthe case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commissions decision on this request. If you have any question about the request or yaw appeal rights, please feel free to call us 486.9363.1 1 (^+ 't ,,/y / (J \wr Namr: CI W 0� to'=a 1Cb.J MYIIS A4drw: Pea ?/IK klJ(1 Year p,operry arw,lsaea: Mun'tcJ alit" Caenaau: _ _ C.ii Ti Levnt.i) 1JJ00111 1:U. �6 01C.cir_L the re�l-n r;U .QL_ ..i'hiS . _ i�- fhcelrrl:an r, ri Il he ACXAl CJ- n.rr IJ r Case No. 17-026 a4QLI Ordinance No. FY 2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 248 of 359 AGENDA ITEM #C. 2. PUBLIC HEARING ITEM 7-13 P 8 Z REGULAR MEETING: JUNE 21, 2017 May 24, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Case #17-025 Case #17-026 Case #17-030 Case #17-025 The Borough Community Development Department proposes amending the current Larsen Bay Comprehensive Plan (Case 17-025) IN ORDER TO FACILITATE a rezone request (Case 17-016). The Borough shows no consideration for our Community when taking such an aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I strongly oppose any amendment to the Comprehensive Plan at this time. In discussion with the Planning and Zoning an CASE 17-025 at the Public Hearing on April 19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough wide authority to change regulations to address public necessity, convenience, general welfare or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed by the Planning and Zoning Commission when considering an application for a VARIANCE. Variances are provided..... for the purpose of relaxing zoning district requirements in special circumstances. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the high handedness of the Borough over the local community. We are a small secluded community. I believe that all Larsen Bay property owners and residents should have the opportunity to comment on an amendment to our Comprehensive Plan. The current Comprehensive Plan was written in 1984 and then reviewed in 2008. 1 recall a significant effort and input by the Council and the Community during the 2008 process. The current Comprehensive Plan does not allow for such a large amount of land to be rezoned from R-1 to Business. I believe a moratorium on rezone requests from Residential to Business will give the Community of Larsen Bay the opportunity for all property owners to come together and discuss future land use plans. Case #17-026 Based on the information I have I am also opposed to the rezone request (case #17- 026). The owner knew when purchasing the lots in question that they were zoned Single Family Residential properties. Why the requested change? Is this request part of the owners original Plan for the property? Does he feel he can come in to a Community and do as he pleases without regard for the standing law? As far as I am aware the property owner never discussed this rezone request with anyone In the Community. In addition to the 4lots being proposed for a rezone an additional adjacent lots are owned by the same family in the form of business entities. These 7 lots encompass access to Moses's Beach which is a well used community Casa Na. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 249 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: JUNE 21. 2017 beach. What is the big picture here? I would like to hear what the property owner has in mind. Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned? If the lots are rezoned the property owner would be able to develop the property however he chose. On a recent bike ride I saw a substantial amount of building materials on the lots proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he expanding his business despite the current single family zoning? Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is approved/denied. Following is a rebuttal to each of the six points to be considered before a VARIANCE can be permitted in Case 17-26. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is/was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he knew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing for a business/commercial rezone at a later date? 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare Adjacent property owners object to noise and traffic associated with large groups of people with a vacationing/anything goes mind set. There is also a question of the City being able to provide adequate water and electrical utilities. The land is low lying and swampy which raises the question of supporting a septic system for sewage for a commercial property. The EPA would need to be consulted as to if the property could support an appropriate septic system and to protect the public health. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The rezone of 4lots from residential to commercial is contrary to the objectives of the Larsen Bay Comprehensive Plan as written in 1984 and reviewed in 2008. Case No. 17-020 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 250 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-0 P 8 Z REGULAR MEETING: JUNE 21, 2017 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and There is a substantial amount of building material on the lots proposed for the rezone which are indicative of the owners intent to develop the property prior to an approved rezone. Is the owners moving forward prior to approval an attempt to get relief from his investment? 6. That granting the variance will not permit a prohibited land use in the district involved. Following is a description in KIB Zoning Code which clearly shows the rezoning to business or commercial is a prohibited land use for these four Single Family Resident lots. 17.75.010 Description and intent. The RI single-family residential zoning district is established as a land use district for small lot single-family residential dwellings where public water and sewer services are available. For the single-family residential district in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter,• D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. [Ord. 83-17-0 §2, 1983. Formerly §17.18.010]. Respectfully, Jane Petrich Lot 5, Blk19 PO Box 52 Larsen Bay, AK 99624 Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 251 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING. JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 466-9363 www.kodlakak.us A public hearing will be held on Wednesday, April 19, 2017. 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 K any, on the following request CASE: 17.026 APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer REQUEST: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 - Single -Family Residential District to 0 -Business District. LOCATION: Northeast portion of the City of Larsen Bay ZONING: R1 -Single-family Residential This notice is being sent to you because our records indicate you are a property ownerrinterested 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, Tuesday. April 4, 2017 to be considered 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 ssmilh(alkodiakak.us. If you would like to testily 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 1.855.492-9202. One week prior to the regular meeting, on Wednesday, April 12, 2017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call usl1�at��1418p6-9363. Your Nams:1 ClT� &;1M NAM \ (iAAC.'1, MaIfrNi1n�g Address,VW '50 rr�� LL � Your property description:l'>Q�]I fSPmi f LaVlwyl t:GW TY%6k \Ist11tt11 [�S 'QIY Cil_ Comments: Y WJUI4 74 (LY 1 46 ku r . e Un11 Y Cr S t MAY 2 6 2017 ~i Case No. 17-026 7q Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 252 of 359 May 3017 09:32a AGENDA ITEM #C.2. PA PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 www.kodiskak.us II be held on Wednesday, dune 21, 2017. The meeting will begin at 6:30 p.m. Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Bc CASE: 17.026 (Postponed at the April 19, 2017 regular meeting) /%—(% qL. APPLICANT: Uyak Bay LLC and Bruce Kososkl AGENT: Chad Elmer / 7 -QM REQUEST: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. LOCATION—— -Northeast portion olthe.City of Larsen Bay ZONING: R1Single-famity Residential This notice is being sent to you because our records indicate you arc a property awnedinterested party in the area of the equcst. 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 i pm, Tuesdov, June 6 2017 to be Onshlemd by the commission. If you would like to fox your comments to us, our fax number is: (907) 486.9396, or you may email your comments to ssmithfalkodiakak.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 ®0 -in telephone number is 486.3231. The toll free telephone number Is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, June t4, 20I7, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. vow Name Mailba Add.: vow propertydercripaoa: Caatmmb Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 253 of 359 May 30 17 09:32a AGENDA ITEM #C. 2. p.2 PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: JUNE 21, 2017 We, the undersigned, oppose the requests in Case 17-025, Case 17-026 and Case 17-030, The Comprehensive Plan should not he amended to change Future Land Use Designations from Residential to Mixed Commercial/Waterfront/Residential. Lots 1A, 2, 3, and 4, Block 3, Tract A and Lot 4, Block 19, Tract A should not be rezoned from R3-Single-Famlly Residential to B - Business District. The Applicants were aware of the zoning restrictions when purchasing the properties and in some Instances have already flagrantly violated the zoning ordinances and expressed Intention to continue to do so if denied re -zoning. The Comprehensive Plan for the City of Larsen Bay was made after extensive discussion, review and input of the city, tribal and residents. It entailed significant and serious effort to look out for the well being of this community for generations to come. It carefully balanced the land between residential and commercial. There is no reason to deviate from these designations. Both applicants are hunting and/or fishing lodges. There are already enough of these in Larsen Bay. The local wildlife and natural resources cannot support additional lodges. The safety of persons and property are compromised by bear -attracting activities such as cleaning fish and hanging deer so close to residences and schools. The City resources and utilities cannot support additional business. Further, additional commercial properties raise real estate prices to the extent that locals are being pushed out. No changes should be made. Mailing Property Description: Hlit" 2 - [3/cre-y -2_ Name_-�:��4t>,nr` ,ULL.SoN Mailing Address: p.;3. Ga' -13 ��0.�CN 6" N'V ly l" 1` k Property Description: ytcnuci s -t-, 9-3 Mailing Address: i'1 n Y - t a Property 8 gl cvc 4 Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 254 of 359 AGENDA ITEM #C. 2. May 30 17 09:32a p.3 _ PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: JUNE 21, 2017 Name: lj/j�7(1 1� tY1.A0,� MallingA�ddress: )07C C1.90# Property Description: Lo+ bkoak Name• /ti ZZ24 Malling Address: %;m X// Property Description: Name:6Ylo.-o,,��1w t Mailing Address: R. D- I U U Property Description: Ito uSt ; Name: 4y ,,Wl ll.dntf1 f lY �.-QCDv-L MailingAddreso 1L�,rsl.,-,f�'1LI Property Description: ao ck-If / U i L1 �. PT `i Name: _/' AerL�AI%Z /1 eAe1 r C 2 Mailing Address: /_ CJ. &My- '3 y )moi-�t7���IN II 7!Ga�`%7 Property Description: / /71ocic '7`�'�' 'KL te- Name: �EltlO�/t iC� Mailing Address: /�O 'SOX `Z Lr%kSC--A-L i Property Description: F L4 Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 255 of 359 AGENDA ITEM #C.2. May 30 17 09:33e p.4 PUBLIC HEARING ITEM 7-13 P & Z REGULAR MEETING: JUNE 21, 2417 Name: RAWIN Mailing Address: Property Description: 20. 6 J LO (-lc- "ILName: Name:5,A4-Q1n Mailing Address: 9 n•Ck,�}.2-�1�1 Property Descriptlon: `^ Name: Mailing Address:v,0 6,!N-4 1-6 `Lzm"aaA i uch b Property Description: Name: tiA.A, Mailing Address: Property (Description: Name: l ,�&�KY��,V� 11 Mailing Address:,gS Property Description: Name: 6 2A 1 U—I�6- `�� t15 ��,11. (� � p� C 62) �L- ZRJ`.].J Mailing Address: 1 r Property Description: Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 256 of 359 AGENDA ITEM #10.2. May 301709.34a p.5 PUBLIC HEARING ITEM 7-9 P 8 Z REGULAR MEETING'. JUNE 21, 2017 Name: 0-0�w �qA .7 MallingAddress: / P �1; � ��.. "-��� 6 l� Property Description: f� R Name:&,,� J Mailing Address: Pa 4o -74 Property Description: ;-,-5SrrGr– Name: ,�_•s� �� Mailing Address: i Property Description: ✓7i �— Name: .. F Mailing Address: /> cv fid- l O- r ,-e �� �7�/lo Z `I Property Description: ;Sy, b G Na ��l�f " za,� 6, Mailing Address:& Property Description:/n] Name: 7—ac h Q Mailing Address: I i � Property Description: B(cr to F 'OT Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 257 of 359 AGENDA ITEM #C. 2. May 3017 09:34a p.6 PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: JUNE 21, 2017 �f 'Fb L6 Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 258 of 359 April 24, 2017 Mr. Bruce Kososki Uyak Bay LLC PO Box 128 Larsen Bay, AK 99615 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-9 P & Z REGULAR MEETING: JUNE 21, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)496-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17-026. Request a Rezone of Lots 1 A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Rt -Single -Family Residential District to B -Business District, Dear Mr. Kososki The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on April 19, 2017, postponed action on the case referenced above until their June 21, 2017 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. �Sintc�er�e�ly�, �, `v Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning & Zoning Commission Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 259 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING'. JUNE 21, 2017 CASE 17-024. Request a Title 18 Land Disposal Review to consider disposal of 1 lock 2, Tract A, Bells Flats Subdivision & Lot 4, Block 1, Tract A, Bells a Sub c( 2, (Chapter 18.20 KIBC) The intent of this request is to harmon, Fire Depart\heRe leases with property ownership. The applicant is the Kodiak Islan orough and thnt is the Resource Management Officer. The location is 538 S ent Creek Road oning is PL -Public Use Lands. COMMNE PALINGER MOVED to adopt Planning and Zoning Co ission Resolution No. F-18 r mmending disposal by lease of Lot 1A, Block ract A, Bells Flats Subdivnd Lot , lock 1, Tract A, Bells Flats Subdivision (Ch er 18.20 KIBC) and to adopt ings of fact led in the staff report dated March 30, 7, entered into the record for thisas "Findings o cP for Case No. 17-024. Danielnna-Foster reporte he owner of this property ' he Kodiak Island borough. This case ically an update to existing lease—ther are no significant changes to the properse. Duane Dvorak, Resource Management Area 1 request. He gave some history. Open public hearing: case is similar to the Fire Protection Dave Conrad, Womens BaZRoad Servic rea & istant Fire Chief, feels the borough should retain useable, buildabl. Close public hearing: Commission discussion FINDINGS OF FACT 1. The Borough has oor several decades and I ed it for fire department use. 2. Disposal by leof this parcel satisfies a public need and enhances health, safely, and welfare oquf B ugh residents. 3. This reis supported by Public Facilities &Services goals and policie 'entified in the 2008 CAprehensive Plan. ROLL LL VOTE ON MOTION CARRIED UNANIMOUSLY C R ARNDT called a 5 minute recess at 7:43 p.m. AIR ARNDT reconvened the meeting at 7:48 p.m. E. CASE 17-025. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommerciallWaterfront/Residential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from RI -Single -Family Residential District to B -Business District (Case No.17-026). COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommerciaVWalerfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact' for Case No. 17-025. Director Mason reported a complaint was received in 2016 alleging lodges were operating on R1 -Single -Family Residential zoned lots in Larsen Bay. A commercial lodge has operated on Rt -Single -Family Residential zoned Lot 1 (now Lot 1A), Block 3, Tract A, Larsen Bay Subdivision since construction of the main lodge building in 1998. The applicant purchased Lot 1 (now Lot 1A) and vacant Lot 2 in 2008 and continued the lodge operation since. In 2009, the Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Case No. 17-026 Page 4 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 260 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P & Z REGULAR MEETING: JUNE 21. 2017 applicant purchased Lots 3 and 4 and expanded the lodge operation onto those lots. All subject parcels are zoned R1 and lodges are not a permitted use in that district To facilitate the rezone, the Future Land Use Designation must be changed from Residential to Commercial or Mixed Waterfront/Commercial/Residential which is consistent with Business and R1 zoning. A previous rezone of Lot 1 (now Lot 1A) to Business was approved by the Assembly on December 4, 2008. That rezone had an effective clause requiring that zoning compliance for all buildings be obtained within 24 months of approval for the rezone to become effective but zoning compliance was not obtained and the rezone became void. This Comp Plan future land use designation change is consistant with the objectives of the Comp Plan and satisfies the requirements of Title 17 and staff recommends approval. In response to CHAIR ARNDT'S inquiry of whether they need to change the timeline from 24 to 36 months for the proposed ordinance or will staff be changing it. Director Mason stated she thought Jack Maker made that change, COMMISSIONER SCHMITT MOVED TO AMEND line 62 to say "within 36 months" instead of 24 months. CHAIR ARNDT called for a voice vole. Sheila Smith, secretary, stated they need a roll call vote. In response, CHAIR ARNDT said an ordinance isn't something that's drafted and sent down afterward, he thinks we can do that, it's not part of our normal action. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Open public hearing: The following people called in from Larsen Bay: Jane Petrich spoke in opposition to the request. Hugh Kennen spoke in opposition to the request. Mike Carlson spoke in apposition to the request. Richard Henson spoke in opposition to the request. Lynn Stanton spoke in opposition to the request. Virginia Stanton spoke in opposition to the request. Brad Aga spoke in opposition to the request. David Hermes spoke in opposition to the request. Valen Norell spoke in opposition to the request. Robert Hochmuth spoke in opposition to the request Close public hearing: Commission discussion The commission directed staff to send notification to all Larsen Bay residents. COMMISSIONER SCHMITT MOVED TO POSTPONE Case 17-025 until the June 21, 2017 regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY F. CASE 17-026. Request a Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R7 -Single -Family Residential District to B -Business District. COMMISSIONER SCHMITT MOVED TO POSTPONE Case 17-026 until the June 21, 2017 regular meeting. Open public hearing: None Close public hearing: Brief commission discussion Kodiak Island Borough Planning & Zoning Commission Minutes April 19, 2017 Case No. 17-026 Page 5 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 261 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-B P 8 Z REGULAR MEETING: JUNE 21, 2017 ROLL CALL VOTE ON MOTION CASE 17-011 (Postponed from the February 15, 2017 regular meeting). Request a -and Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thr 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor t NO o requesting competitive development plan proposals for the parcels pe) Motion on a floor made at the October 19, 2016 regular meeting: COMMISSI\discussion SCHMITT MOVED to adopt Planning and Zoning Commissi Resolution No. FY201recommending retention of Lots 11-14, Block 4 and Tract Killarney Hills Subdivisiono adopt the findings of fact listed in the staff report dated O er 5, 2016 and entered intor ord for this case as "Findings of Fact" for Case No. 17-01 . The motionse nded by COMMISSIONER BALDWIN. FINDINGS AC upporting motion on the floor) 1. The Plg and oning Commission has not completed its star planning effort to engageublic an determine the community needs best fulfill by these properties. 2. This paouses red ational ball fields that are highly value y numerous organizations in Kodiaare regula used for sporting and other comm ity events. 3. Retentithis parcel i upported by various land us nd parks 8 recreation goals, policiesimplementation ctions identified in the adop d Comprehensive Plan. Commissioussion COMMISSIONER SCHMITT MOVElk to postpone Ce 17-011 to the August 16, 2017 Planning and Zoning Commission regu meeting. ROLL CALL VOTE ON MOTION CARRI UNAN OUSLY OLD BUSINESS A. CASE 17-018. Reconsideration of the v n an ordinance amending Title 17 (Zoning) adding regulations pertaining to mariju a b inesses. This ordinance was drafted by the Community Development Departm unde irection of the Borough Assembly and includes recommendations made to t Borough ssembly by the Borough's Marijuana Task Force. Commissioner Arndt and Comm' inner Young file the Affidavit for Reconsideration. COMMISSIONER ARNDT shouidjFake the following motiorX COMMISSIONER ARNDT MO D to reconsider the vote t n at the Planning and Zoning Commission regular meeting f March 22, 2017 on Case No. 018 to recommend that the Assembly of the Kodiak Is d Borough approve Ordinance No. Y2017-27, as amended by substitution, amending Tit 17 KIBC (Zoning) and to adopt the find) sof fact listed in the staff report dated FebruXNMOTION D17 and entered into the record as "Find%NIMSLY Fact" for Case No. 17-018. ROLL CALL VOTE TO RECONSIDER CARRIED UNA COMMISSIONE SCHMITT MOVED to recommend that the Assembly of'\e Kodiak Island Borough appy a Ordinance No. FY2017-27, as amended by substitution, a nding Title 17 20 (Zonin and to adopt the findings of fact listed in the staff report dated Fe uary 1, 2017 and entere (and the record as "Findings of Fad" for Case No. 17-018. /INDG OF FACT(In supportofmotion on the Floor as amended) red votersin the Kodiak Island Borough voted to legalize select mar ana hmentsunderState ofAlaska Ballot Measure #2 in 2014. 8.110 provides for the implementation of local controls for marijuana establishmen Kodiak Island Borough Planning 8 Zoning Commission Minutes April 19, 2017 Case No. 17-026 Page 6 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 262 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P 8 Z REGULAR MEETING: APRIL 19. 2017 STAFF REPORT AND RECOMMENDATION Case No. 17-026. A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from RI -Single -Family Residential District to B -Business District (KIBC 17.205 . DATE: March 31, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-026 APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer LOCATION: NHN Second Street at northeast portion of the City of Larsen Bay LEGAL DSC: Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision ZONING: R1 -Single -Family Residential FUTURE LAND USE DESIGNATION: Change to Mixed CommercialNVaterfront/Residentlal pending results of Case No. 17-025 NOTICE: Thirty-one (31) public hearing notices were mailed on March 6, 2017. No public hearing notices were returned as of the date this report was prepared. SITE VISIT: Virtual via GIS 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. • Zoned C -Conservation by Ordinance No. 77-15-0. • Rezoned R1 -Single -Family Residential by Ordinance No. 77-19- 0. 2. Lot Size: • Lot 1A is 19,400 sq. ft. I Lots 2, 3, and 4 are 15,200 sq. ft. each. • Total rezone area is 65,000 sq. ft. or 1.5 acres. 3. Existing Land Use: Commercial lodge operation consisting of: • Lot 1A— Main lodge building and three accessory buildings. • Lot 2 — Vacant (developed with driveway to rear of main lodge building). • Lot 3 — Single-family residence used to lodge overflow clientele. • Lot 4 — Single-family residence used to house lodge staff. 4. Surrounding Land Use and Zoning: • Vacant waterfront (Uyak Bay) R1 zoned lot to the northeast. • R1 zoning to the north and west (single-family residences and vacant parcels). • R1 and B zoning and uses to the east and southeast (single-family residences and a commercial lodge). • R1 and C zoning and uses to the south (single-family residences and vacant parcels). 5. Comprehensive Plan: Assigned a Future Land Use Designation of Residential by both the 1968 Comprehensive and 2008 Comprehensive Plans. 6. Applicable Comprehensive Plan Future Land Use Designations: Mixed CommerciaVWaterfront/Residential (pending results of Case No. 17-025): This designation is unique to Larsen Bay and Ouzinkie and is not specifically defined by the 2008 Case Na. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 263 of 359 AGENDA ITEM #C.2. PUBLIC HEARING REM 7-F P & Z REGULAR MEETING: APRIL 19, 2017 Comprehensive Plan. Staff has determined this designation to fall within the Mixed Use Future Land Use Designation. The Mixed Use designation is intended to allow for a mix of residential and small-scale commercial uses, including retail uses and home occupations in the Rural Neighborhood Commercial Zoning district. It also may for bed and breakfasts and lodges if they are of a limited size. Only a portion of any mixed commercial/residential use area would be expected to be developed for commercial use. 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 is the request to rezone the lots from R1 -Single -Family Residential District to B -Business District that is referred to in the preceding Comprehensive Plan amendment staff report for the same parcels (Case No. 17-025). The criteria provided in that staff report also apply to this rezone request. CONCLUSION Staff has determined that 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 as set forth in the recommended findings of fact. Anticipating a favorable recommendation to the assembly, a draft rezone ordinance is attached to this report. Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 264 of 359 RECOMMENDATION AGENDA ITEM #C. 2. PUBLIC HEARING ITEM 7-F P & Z REGULAR MEETING: APRIL 19, 2017 Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective clause. 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 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 - Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-026. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The applicant desires to continue the use of an existing commercial lodge that has operated on these R1 -Single -Family Residential zoned lots for 5 to 19 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, the lots must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The lots are situated within a mixed zoning area that Includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lots have adequately accommodated the existing lodge buildings and use for 5 to 19 years and appear to be suitable for such use. The lots are also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed CommercialMlaterfron}/Residential Comprehensive Plan Future Land Use Designation assigned to the lots. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 265 of 359 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P & Z REGULAR MEETING: APRIL 18, 2017 Introduced by: KIB Manager Drafted by: PBZ Commission Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOTS 1A, 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM R1 - SINGLE -FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 17- 026) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) In accordance with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B - Business District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly the Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision be rezoned from R1 -Single -Family Residential District to B -Business District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-026 Ordinance No. FY2017 XX Page 1 of 3 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 266 of 359 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P & Z REGULAR MEETING', APRIL 19, 2017 WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision are hereby rezoned from R1 -Single -Family Residential District to B -Business District. Section 3: This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcels. Should the as -built survey and zoning compliance requirement not be mel within 24 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. The applicant desires to continue the use of an existing commercial lodge that has operated on these R1 -Single -Family Residential zoned lots for 5 to 19 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, the lots must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The lots are situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lots have adequately accommodated the existing lodge buildings and use for 5 to 19 years and appear to be suitable for such use. The lots are also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed Commercial/Waterfront/Residential Comprehensive Plan Future Land Use Designation assigned to the lots. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-626 Ordinance No. FY2017-XX Page 2 of 3 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 267 of 359 91 92 93 94 95 96 97 98 99 100 101 102 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P 8 Z REGULAR MEETING. APRIL 19, 2017 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. KODIAK ISLAND BOROUGH Daniel A. Rohrer, Mayor VOTES: Ayes: Noes: Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Case No. 17-026 ATTEST: Nova M. Javier, MMC, Clerk Ordinance No. FY2017-XX Page 3 of 3 Version 1 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 268 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P & Z REGULAR MEETING: APRIL 19, 2017 Kodiak Island Borough Pdht Form Submitby Emall Community Development Department 710 MITI Bay Rd. Rm 205 Kodiak AK 99615 Ph.(907)4B6-9362 Fax(907)486-9396 httnl/www.kodiakak.us a6b1R PROP— 10 Application for Rezone KIBC 17.205 P.6DTPL- Property Owner / Applicant: Mailing Address: Phone Number, Other Contact email, etc-- Legal tc Legal Oescrlptlon: The following Information Is to be supplied by the Applicant Owners: Uyak Bay LLC (Lots to & 2) -Bruce Kososkl (Lots 3 &4)/Authorized agent (all lots): Chad Elmer P.O. Box 128, Larsen Bay, AK 99615 Agent: chadekodiaklegendsiodge.com Subdv: Larsen Bay, Tract Block:3 Lot: 1A,2,3,4 Street Address: NHN Larsen Bay, AK 99624 (located in northeast portion of the City of Larsen Bay) Current Zoning: Rt KIBC 17.75 Proposed Zoning: Business KIBC 17.90 Applicable Comprehensive Plan: A. Kodiak Island Comprehensive Plan Update 2008 Explanation of the need & justification for a change or amendment of zoning: A commercial lodge has been operating on Lot 1 A since prior to 2003 (ownership has since changed, but the lodge use continues) A request to rezone Lot 1 A (and various other parcels In the viclnity) from RI -Single -Family Residential to B -Business was submitted In 2003. That request was repeatedly postponed until late 2008 for various reasons. The Rezone of Lot 1 (now Lot IA) from R to B was Rnally approved on November 6, 2008 by RIB Ordinance No. FY2009-11. The rezone was not to become effective until zoning compliance for all structures and uses on the parcel was obtained and that the rezone would be null and void If that zoning compli- ance was not obtained within 24 months of the ordinance's approval. The current owners have recently been made aware that the required zoning compliance was never obtained, which has rendered the previously approved rezone null and void. In an effort to continue the long standing lodge use, we are again requesting to rezone Lot 1 from the Bl -Single -Family Residential District to the B -Business District. We also desire to expand the lodge use onto Lots 2, 3, and 4 (these parcels have been used to sup- port the lodge use for approximately years). Accordingly, we have Included those lots In this request. We are aware that, If approv- ed, the rezone will likely not become effective until we obtain zoning compliance for all buildings and uses on the properties and that the rezone will become null and void If we do not obtain the required zoning compliance within 24 months of approval. We full. y intend to meet that requirement to ensure that we do not have to go through this process again. Continued an reverse Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 269 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P & Z REGULAR MEETING'. APRIL 19, 2017 Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan Should the prerequisite Comprehensive Plan Future land Use Designation request be approved, this rezone would be consistent with the new designation. The rezone does not appear to be contrary to the objectives of the Camprehenslve Plan and is consltent with various Larsen Bay land use and economic goals, policies, and implementation actions listed in the plan. Accordingly, it appears that the rezone would further Implement the objectives of the plan. Date: _ ID _ I Signature: /� f` Authorized Agent L v Coo Staff Certification Date: CDD Staff. Payment Veef cation Fee Payable inCashier's f9lifce Room R IOY- Main floor of Borough Building KIBC 17205.030 Manner of initiation. Changes In this V ' ?gx Its o title maybe Initiated following manner. A. The assembly upon Its own motion: S. The commission upon its own motion: PAI®C. By petition: Less than 1.75 aces: 1/�d��.\ /� 1.7fito5.00avec: MAR 06 2017 5.01 to 40.00 acres: KODIAMbLA u❑uHOUGH 40.01 acres or more: I Waiveroffee Waiver of fee p $350.00 Cbm%oEt fEE Foil 5750.00 Ct"'* P10,N AtA&VAC.rj A14b RtzIwE st,a0oo0 A?W ,srpf j5n 51,500.00 coo nIAMI:Fr1FpAHffWMI oul.4 6PE.. Ffi AP{u65 DVETo bf.IN&5ugAl7rf1'� WfTN cONcuRkeN�I mc?jFST CDMP =Ps AM ih� Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 270 of 359 POWER OF ATTORNEY The undersiened: AGENDA ITEM #13.2. PUBLIC HEARING ITEM 7-F P 8 Z REGULAR MEETING: APRIL 19, 2017 Bruce Alan Kososkl, holder of U.S. Passport Number 530853849 issued on 25 August 2015; Hcrcbv annoinK Chad Michael Elmer, holder of U.S. Passport Number 445473665, to be his true and lawful representative with full authority to sign an} and all documents as required b� the State of -Alaska and the Kodiak Island Borough. This power of attorney covers both my personal and business holdings (Tian Shan Holdings LLC and Uyak Bay LLC) in the state of Alaska. This power of Attorney shall remain in effect for one )car from the date of my signmure noted below. 'f he undersigned also hereby covenants and agrees to indemnify and to hold harmless Chad Michael Elmer from and against an) liability Chad might incur for any steps taken in connection w ith this Power of Attorney. SIGNED February 17a' 2017 By: Bruce Alan Kososki Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 271 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P & Z REGULAR MEETING: APRIL 19, 2017 PAYMENT DATE Kodiak Island Borough BATCH NO. 03/0612017 710 Mill Bay Rd. 2017-00000507 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2017-00000950 RECEIVED FROM CASHIER UYAK BAY, LLC Teresa Medina DESCRIPTION PID 20049, 20050, 20051, 20052 LARSEN BAY AK 99624 Printnd hv! Tnrnsa Mndlna Pam 1 of 1 0310612017 11•.27!06 AM Case Na. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 272 of 359 AGENDA ITEM #C.2. Q RIG OF WAY O } i z / 16 . o. . RFR':OC i a 0 � tti Wp m E9'; 0 � J '.00'(R) m. LARSEN BAY TRACT A BLR 3 LUT 2 .•y Y N O r N O •� Z oy h U U3 O V V Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 273 of 359 March S. 2017 Mr. Bruce Kasoski Uyuk Buy LLC PO Box 128 Larsen Bay, AK 99615 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P 8 2 REGULAR MEETING. APRIL 19, 2017 Kodiak Island Borough Community Development Department 710 Mill Buy Road Room 205 Kodiak, Alaska 99615 Phone (907) 486.9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 17-026. Request a Rezone of Lots IA, 2, 3, and 4, Block 3, Tmct A, Larsen Bay Subdivision from RI -Single -Family Residential District to B -Business District. Dear Mr. Kososki: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their April 19, 2017 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, April 12, 2017 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will bold 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 if we can answer any outstanding questions or provide additional information. In advance, thank you far your coopemtion. Sincerely, �{�\LJI Sheila Smith, Secretary Community Development Department Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 274 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P 8 Z REGULAR MEETING: APRIL 19, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us Item 7-E A public hearing will be held on Wednesday, April 19, 2017. 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: 17-026 APPLICANT: Uyak Bay LLC and Bruce Kososki AGENT: Chad Elmer REQUEST: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Rt - Single -Family Residential District to B -Business District, LOCATION: Northeast portion of the City of Larsen Bay ZONING: R1 -Single-family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm. Tuesday, April 4, 2017 to be considered 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 ssmithe.kodiakak.us. If you would like to testify via telephone, please call In your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486- 3231. The toll free telephone number is 1-855.492-9202. One week prior to the regular meeting, on Wednesday, April 12, 2017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Case No. 17-626 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 275 of 359 AGENDA ITEM #C.2. PUBLIC HEARING ITEM 7-F P & Z REGULAR MEETING. APRIL 19, 2017 Case No. 17-026 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 276 of 359 AGENDA ITEM #C.2. 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Page 277 of 359 N n Z ci AGENDA ITEM #C.2. B. CASE 17-026 (Postponed at the April 19, 2017 regular meeting). Request a Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. The applicant is Uyak Bay LLC and Bruce Kososki, and the agent is Chad Elmer. The location is the Northeast portion of the City of Larsen Bay, and the zoning is R1 -Single-family Residential COMMISSIONER YOUNG MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 - Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fad" for Case No. 17-026. Maker stated this is the corresponding rezone to Case 17-025. Everything is pretty much the same. We provided direction for dividing the motion in the guidelines. Regarding encroachments of the existing lodge building on Lot 1A, on page 292 of the case packet that is taken right from the plat where they replalted Lot 1 to become 1A. During that replat, they incorporated a portion of A Street Right -Of -Way. Zoning Compliance was not obtained within 24 months. A 50' portion of A Street, the entire Right -Of -Way was vacated so A Street no longer goes through there that was done through platting which the City of Larsen Bay was involved in because it was a vacation of their Right -Of -Way and it had to be approved by them. Half of the Right -Of -Way all the way from that point where all of it is dedicated to Second Street was vacated and incorporated into Lot 1A. No portion of the actual buildings encroaches according to the plat. According the plat, the building does not encroach but the deck does. Should the rezone be approved, prior to issuing zoning compliance we would make sure the encroachment was addressed? Open public hearing: Jane Petrich (caller) inquired what the vote was on the previous case and spoke opposing the request. Close public hearing: Commission discussion -Amendments may be offered at this time. COMMISSIONER SCHMITT MOVED to call for the division of the motion to separate Lot 1A from the remaining lots in the request. ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY Motion #1 COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the supplemental staff report dated June 15, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-026 as it applies to said lot. FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B - Business District to allow the commercial lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single -Family Residential, B - Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. Kodiak Island Borough Planning & Zoning Commission Guidelines June 21, 2017 Page 4 Ordinance No. FY2018-06 Rezoning Lot 1 A, Block 3, Tract A, L... Page 278 of 359 AGENDA ITEM #C.2. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed Commercial/WaterfrontfResidential Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17-025). The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Motion #2 COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 - Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-026 COMMISSIONER SCHMITT MOVED to postpone Case No. 17-026 Motion No. 2 to the April 2018 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY CASE 17-030. Request a Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivisi PK frdN, R1 -Single -Family Residential District to B -Business District (KIBC 17.205) he apply nt is the Foxtail Lodge, LLC, and the agent is Jerre D. Munson. The locadon is NHN Fir Street, Larsen Bay. The zoning is RI -Single-family Residential. COMMISSI R of MOVED to recommend that the Kodiak Island Bor gh Assembly approve the rez a of Lot 4, Block 19, Tract A, Larsen Bay Subdivision fro 1-2 ingle-Family Residential District B -Business District (KIBC 17.205), subject to an a live clause, and to adopt the findings of f listed in the staff report dated June 7, ;ies. 17 an entered into the record for this case as "Findings Fact" for Case No. 17-030. Jack Maker stated this is ono r lodge in Larsen Bay that thevious mayor filed a complaint saying they were operating lodg in residential zoned prop The lodge has operated on the property since 2000. It is a pro 'ted use in a R1 zo lot. This request is consistent with the future land use designation that decided up by the City of Larsen Bay during the 2008 Larsen Bay Comp Plan Annex. The ahead as a land use designation of Commercial, which is consistent with Business zoning. It c sistent with the Larsen Bay Comp Plan and we have a comment from the previous mayor rsen Bay staling that. Staff recommends this request be forwarded to the assembly for t r appr I. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. The applicant de ' s to continue the use of an existing commercial to that has operated on this R1 -Sin -Family Residential zoned lot for 17 years. Lodges are n a permitted use in Rl-Singl amily Residential zoning. Lodges are a permitted use in B -B 'ness zoning. Accordi y, the lots must be rezoned from Rl-Single-Family Residential rict to B- Busi s District to allow the commercial lodge operation to continue. 2. T ots are situated within a mixed zoning area that includes R1 -Single -Family Resi tial, -Business, and C -Conservation zoning and uses. The rezone is consistent with that mi zoning. Kodiak Island Borough Planning & Zoning Commission Guidelines June 21, 2017 Page 5 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 279 of 359 June 26, 2017 Uyak Bay LLC Mr. Bruce Kososkl Mr. Chad Elmer PO Box 128 Larsen Bay, AK 99615 AGENDA ITEM #C.2. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17-026 (Postponed at the April 19, 2017 regular meeting). Request a Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. Dear Mr. Kososki and Mr. Elmer: The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 21, 2017 moved to divide your request into two motions. Motion #1 The commission moved to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from R1-Single-Famlly Residential District to B -Business District (KIBC 17.205), subject to an effective clause. EFFECTIVE CLAUSE This ordinance shall become effective upon the provision of a current as -bulli survey and issuance of zoning compliance for all existing structures and established uses on the subject parcels. Should the as -built survey and zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in Rt -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B - Business District to allow the commercial lodge operation to continue. 2. The lot Is situated within a mixed zoning area that includes R1 -Single -Family Residential, B - Business, and C -Conservation zoning and uses. The rezone Is consistent with that mixed zoning. Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 280 of 359 AGENDA ITEM #C.2. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed CommerciallWalerfront/Residential Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17-025). The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. 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 and submits the required $350 appeal fee. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. Motion #2 The commission moved to postpone Motion #2 to the April 2018 regular meeting. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, O QS5 Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, L... Page 281 of 359 AGENDA ITEM #C.3. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 3, 2017 A ASSEMBLY REGULAR MEETING �7_ SUBJECT: Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-030). ORIGINATOR: Jack Maker RECOMMENDATION: Move to advance Ordinance No. FY2018-07 to public hearing at the next regular meeting of the Assembly. DISCUSSION: This rezone request is the result of a substantiated complaint regarding the operation of a commercial lodge on an R1 -Single-family Residential zoned lot in the City of Larsen Bay (a prohibited use in that zoning district). A commercial lodge (Foxtail Lodge) has operated on the subject lot since 2000. The applicant desires to continue the lodge operation. To legally do so, the existing lodge must be brought into compliance with the requirements of Title 17 (Zoning) of the Borough code by rezoning the lot to a district that permits such use. Lodges have been determined to be a permitted use in B -Business zoning. B -Business zoning is also consistent with the Commercial Future Land Use Designation assigned to the lot and various objectives of the adopted Comprehensive Plan. Accordingly, a rezone to B -Business is requested. The Planning and Zoning Commission held a public hearing on this rezone request at their June 21, 2017 regular meeting. The Commission voted unanimously to recommend that the Assembly approve this rezone. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 282 of 359 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #C.3. Introduced by: KIB Manager Drafted by: P&Z Commission Introduced on: 08/03/2017 Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY2018-07 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 4, BLOCK 19, TRACT A, LARSEN BAY SUBDIVISION FROM RI -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (P&Z CASE NO. 17-030) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update an December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District; and WHEREAS, the request was submitted In an effort to bring an existing long standing nonconforming commercial lodge operation into compliance with Title 17 (Zoning) of the Borough Code; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly that Lot 4, Block 19, Tract A, Larsen Bay Subdivision be rezoned from R1 -Single - Family Residential District to B -Business District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY201B-07 Page 1 of 3 Version 1 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 283 of 359 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 AGENDA ITEM #C.3. WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Borough Assembly considered the merits of the rezone request. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 4, Block 19, Tract A, Larsen Bay Subdivision is hereby rezoned from R1 -Single - Family Residential District to B -Business District. Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 17 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B - Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes Rt -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot also appears capable of accommodating a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Effective Date: This ordinance shall become effective upon the issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF .2017. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2018-07 Page 2 of 3 Version 1 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 284 of 359 AGENDA ITEM #C.3. 92 93 KODIAK ISLAND BOROUGH ATTEST: 94 95 96 97 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 98 99 VOTES: 100 Ayes: 101 Noes: Kodiak Island Borough, Alaska Ordinance No.FY2018-07 Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Version 1 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 285 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING'. JUNE 21, 2017 -� N Ash KIB Location & Zoning Map vE 5 Location and Zoning Case No. 17-030 Applicant; Foxtall Lodge, LLC Agent: Jerre D. Legend OSubject Parcel - J • a, • h n' a Zoning Legend Public Use Lands n Rural Residential 1 Multi Family Residential Light Industrial Q Watershed Rural Residential 2 0 Business Rural Neighborhood Commercial Conservation Single Family Residential 0 Retail Business Urban Neighborhood Commercial Rural Residential [ _ Two Family Residential 0 Industrial -] Natural Use Kodiak laland ecrauah GIs Community Development Department IDIa map is pmvilM lw hlormerorul purpem =__= Access Roads Mip'.Ilwww.kodlakak.uslgis (90])4BF9]3] wgvneh notim1..a lor.nyi.a•i,epreae,Ntiom. _ � Unconstmcted Rigm of Ways Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 286 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 Case No, 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 287 of 359 AGENDA ITEM #C. 3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 STAFF REPORT AND RECOMMENDATION Case No. 17-030. A Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1- Single -Family Residential District to B -Business District (KIBC 17.205). DATE: June 15, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-030 APPLICANT: Foxtail Lodge, LLC AGENT: Jerre D. Munson LOCATION: 1207 First Street, Larsen Bay LEGAL DSC: Lot 4, Block 19, Tract A, Larsen Bay Subdivision ZONING: R1 -Single -Family Residential FUTURE LAND USE DESIGNATION: Commercial NOTICE: Ninety-two (92) public hearing notices were mailed on May 4, 2017. Seven (7) public hearing notices (one (1) signed by twenty-two (22) residents) were returned as of the date this report was prepared. SITE VISIT: Virtual via GIS 1. Zoning History: • Not classified by the 1968 Comprehensive Plan. • Zoned C -Conservation by Ord. No. 77-15-0. • Rezoned R1 -Single -Family Residential by Ord. No. 77-19-0. 2. Lot Size: 39,000 sq. ft. 3. Existing Land Use: Commercial lodge operation. 4. Surrounding Land Use and Zoning: • R1 zoning and uses to the north, south, and east (single-family residences and vacant parcels). • R1, C, and B zoning and uses to the west (single-family residences, two commercial lodges, and the City fuel storage facility). 5. Comorehensive Plan: Assigned a Future Land Use Designation of Commercial by the 2008 Comprehensive Plan. 6. Applicable Comorehensive Plan Future Land Use Designation: Commercial: This designation is Intended for commercial uses allowed in the Borough's Retail business, Business, and Urban Neighborhood Commercial zones, which include a variety of retail and other business uses. 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 (Comorehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. Case Na. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 288 of 359 AGENDA ITEM #C.3. PNS PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 Y S. Q D' O AIAaKA 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 On May 25, 2016, the previous Mayor of the City of Larsen Bay filed a complaint alleging that several lodges were operating on R1 -Single -Family Residential zoned properties in Larsen Bay (a prohibited use in that zoning district)'. Staff has confirmed those allegations and is currently working with the respective property owners In an effort to bring their properties into compliance with Title 17 KIBC (Zoning). This rezone request is an effort by one of those property owners to bring their property Into compliance. A commercial lodge has operated on R1 -Single -Family Residential zoned Lot 4, Block 19, Tract A, Larsen Bay Subdivision since 2000. The lodge building and use was established by the applicant without consulting the Community Development Department. As a result, no zoning compliance was Issued for construction of the lodge building and a prohibited use has been established on an R1 -Single -Family Residential zoned lot. The applicant desires to continue the existing commercial lodge operation. To legally do so, the lodge must be brought into compliance with Title 17 KIBC (Zoning). Lodges have been determined to be similar in characteristics to that of a hotel or motel that supports recreational activities, all of which are permitted uses in B -Business zoning. Consequently, a rezone of the subject parcels to B -Business is required. PREVIOUS ZONING ACTIONS The applicant has made previous attempts to bring the existing lodge into compliance with Borough Code. In 2003, an application to rezone the subject parcel from R1 -Single -Family Residential to B -Business was submitted (Case No. 03-016). That request, along with two other requests to rezone several other Larsen Bay properties (developed as lodges) from R1 - Single -' Appendix 1 - Complaint Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 289 of 359 PN WLY a o, ALASKA AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21. 2017 Family Residential to B -Business (Case Nos. 03-011 and 03-012), was postponed until such time that the update to Larsen Bay annex to the 2008 Comprehensive Plan was be completed. After completion and adoption of the annex and plan, the Commission held a public hearing on the rezone requests during a September 20, 2008 special meeting in Larsen Bay. After the public hearing the Commission voted unanimously to deny the rezone request for the subject parcel. The primary reason for denial was that staff, at that time, had determined the use to be more residential than business oriented. Subsequently, it was recommended that the applicant submit a Conditional Use Permit application requesting to establish a bed and breakfast (a conditional use in R1 zoning). In response to the Commission's denial, the applicant requested that the Commission's action be taken up by the Borough Assembly. At their November 6, 2008 regular meeting, the Assembly upheld the Commission's decision to deny the rezone. In June of 2009, the applicant submitted a Conditional Use Permit (CUP) application to establish a bed and breakfast (BBB) with five guest rooms on the property (Case No. 09-021). The Commission granted that CUP after a public hearing at their July 15, 2009 regular meeting. A condition of approval for the CUP required that the applicant connect the guest cabin structure to the main residential structure by an 8' wide covered breezeway. This was required due to accessory buildings not being allowed to be used for sleeping or living purposes (KIBC 17.160.020.A). Connecting the structures together by an 8' wide covered breezeway would constitute the guest cabin as being attached to, and part of, the main building (KIBC 17.160.020.B). Once connected, use of the guest cabin for sleeping and living purposes would be in compliance with Borough Code. The connecting of the structures had to be completed prior to Issuing zoning compliance for the B&B. KIBC 17.200.070 requires that obtain zoning compliance for an approved CUP be issued with -in a two-year period. Should zoning compliance not be issued within that timeframe, the CUP approval becomes null and void. In this instance, the structures were never connected and zoning compliance was never issued. Accordingly, the approved CUP is null and void and the established use continues to be contrary to the requirements of Title 17 KIBC (Zoning). FUTURE LAND USE DESIGNATION, ZONING, AND USE The subject lot is currently assigned a Future Land Use Designation of Commercial. The lot is zoned 131 -Single -Family Residential, which Is inconsistent with that Designation. The established lodge Is consistent with the assigned Future Land Use Designation, but is a prohibited use in R1 zoning. The lot is currently developed with the following structures that support the existing lodge operation: • t 2,000 sq. ft. main lodge building with owner/staff sleeping areas, guest room capable of accommodating 4 clients, entertainment room, dining room, and kitchen. • t 700 sq. ft. guest cabin with sleeping accommodations for up to 6 clients. • t 260 sq, ft, accessory building (storage shed) The lodge typically serves four to six clients at a time, but can accommodate as many as ten. Lodge packages include overnight lodging, three meals per day, and guided charter fishing trips that supply all bait, tackle, rods, and reels, and cleaning, filleting, vacuum sealing, freezing, and boxing of caught fish. The provided services are beyond the scope of the following KIBC 17.25.030.B definition of a bed and breakfast (a conditional use in R1 zoning): Case Na. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 290 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JUNE 21, 2017 Y f 0 L ALASKA "Bed and breakfast (B&B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B&B must reside on the premises and the maximum number of rooms that can be rented out is five. In addition to the off-street parking requirements of KIBC 17.175.040 for a single-family dwelling, a B&B with up to two guest rooms must provide one additional parking space; a B&B with three to four guest rooms must provide two additional parking spaces; and a B&B with rive guest rooms must provide three additional parking spaces. The provided services are within the scope of the following KIBC 17.25.030.E definition of a lodge (a prohibited use in R1 zoning, but a permitted use in B zoning): "Lodge" means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography and viewing, and passive recreational activities. The existing lodge has provided these same services since opening in 2000. As shown above, the services exceed the scope of a B&B, but are within the scope of a lodge. Consequently, the long standing established use is prohibited as currently zoned. To continue that use, a rezone to B -Business is required. RECENT DEVELOPMENT TRENDS IN THE AREA Development trends in the immediate area consist of the gradual construction of single-family residences. COMPATABILITY OF LAND USES The lots are situated within a mixed zoning area (R1, B, and C) near the waterfront at the western end of the City of Larsen Bay. Surrounding development consists of single-family residences, two commercial lodges, City fuel storage facility, and vacant parcels. The existing lodge has operated in this area since 2000. With the exception of the complaint filed by the previous Mayor of the City of Larsen Bay, the Borough has no other record of complaints from neighboring property owners regarding the activities taking place on the site. Therefore, the existing lodge appears to be compatible with other established uses in the surrounding area. LAND SUITABILITY The subject lot is 39,000 sq. ft. and is served by an onsite wastewater disposal system (septic) and City water and electric systems. The lot size and provided services have accommodated the existing lodge use for 17 years with no noted issues. The lot is also of sufficient area to accommodate a variety of other commercial uses that that would be allowed if rezoned to B - Business. Although the lot is of sufficient area, the B -Business zoning uses that could be established on the lot would be limited to those that can be supported by an onsite wastewater disposal system. TRAFFIC IMPACTS The lots are accessed by a local roadway (1" Street). That roadway has adequately accommodated the traffic generated by the lodge use and all other surrounding uses since the lodge has been in operation. Rezoning to B -Business will allow the lodge use to continue, which should result in no change to local traffic levels. The roadway also appears capable of accommodating any increase In traffic that may occur if the lodge were expanded or a more intensive permitted B -Business zoning use were established on the lot. COMPREHENSIVE PLAN CONSISTENCY This Rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with the following goals, policies, Case No. 17.030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 291 of 359 PN SC19 Y 0 4 -ALASKA AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 and implementation actions of the adopted Comprehensive Plan: • Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. • Policy., Maximize compatibility of adjacent land uses and minimize conflicts Through zoning, design standards, and other means. • Policy: Zone lands to meet future housing, commercial, industrial, and other land needs. o Implementation Action: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for the projected uses, and conditions or constraints that may affect development. Consider the use of public or private Native -owned lands to help meet these needs. o Implementation Action: Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated in the Borough to meet future economic needs... Economic Goal: Diversify the overall economy of the Kodiak Region. • Policy: Encourage and facilitate small business development on Kodiak Island. • Larsen Bay Land Use Goal: Enhance flexibility of land use regulations. • Policv: Address concerns about the social impacts of some lodges located within neighborhoods. o Implementation Action: Allow small scale commercial and more bed -and - breakfasts and lodges under certain circumstances, such as in mixed-use zones. • Larsen Bay Economic Goal., Retain residents. • Policy: Improve economic opportunities in Larsen Bay. o Implementation Action: Develop additional industries and businesses that are attractive to Larsen Bay. 'Staff note: Public comment has been received stating that this rezone request is inconsistent with the adopted Comprehensive Plan, specifically the Larsen Bay Annex to the plan. As shown above, this rezone request is consistent with the assigned Comprehensive Plan Future Land Use Designation and with various goals, policies, and implementation actions of the adopted Comprehensive Plan, including those listed in the Larsen Bay annex to the plan. ADDITIONAL COMMENTS Should this rezone be approved, the applicant must obtain zoning compliance to establish the lodge use. To ensure zoning compliance Is Issued In a timely manner, staff recommends the following effective clause that has been included in the attached draft ordinance: "This ordinance shall become effective upon the issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void." Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 292 of 359 P44 ®Qpk L`Z Y Q 0AL--W CONCLUSION AGENDA ITEM #C.3. ` PUBLIC HEARING ITEM 7•C P 8 Z REGULAR MEETING: JUNE 21, 2017 Staff has determined that this rezone is consistent with the assigned Future Land Use Designation and objectives of the adopted Comprehensive Plan and satisfies the requirements of Title 17 of the Kodiak Island Borough Code for amendments and changes as set forth in the recommended findings of fact. Anticipating a favorable recommendation to the assembly, a draft rezone ordinance is attached to this report. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval, subject to an effective clause. 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 Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single - Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated June 7, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-030. FINDINGS OF FACT (KIBC 17.205.020.A -C) 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 17 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B - Business zoning. Accordingly, the lots must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The lots are situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot also appears capable of accommodating a variety of other uses that are allowed In B -Business zoning. 4. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone Is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 293 of 359 AGENDA ITEM #C.3. Appendix l -Complaint PUBLIC HEARING ITEM 7-C lack Maker P 8 Z REGULAR MEETING'. JUNE 21, 2017 F. Mayor Larsen Bay emeYorlesen.Uay®9ma0mm. San, Tued.,May24.20163:MPM I. Tam Qum Subject tanto Say Zoning lodges to Rl Fdlue up rlag: Future up Flag Stamm compwtw Wettest. Red ca"cy City of Larsen Bay P.O. Box 6 Luoun Bay, AK 99624 (907)RJ7.2211 Pox (907) 647.2239 In the city of Lar. Boy, them .6 adlevired Indgn. Fox Toil lodge Track A, Bbck 19. Lot 4 7nned RI Kdiak ch.. lots as lirtcd umkr several f ily =am. or moped Track A, Bleck 7. Lot 4, and 5 75oned Rl Track A. Block S, I.d 3,4. am15 Zoned RI Kmliak Island Resort Track A, Block 16, Int 13 Z.onw RI Kodiak legcnd. Track A, Block 2, Lal IA Zoned BUS LeScr ds haw sevoul mho wjacmt has in Block' -,nut are chlmrvacsnt or residential houses, on We 2A, 3A, 2,3 and 4.11 Z.cd R I. Kodiak Lodge Track A, Bock 16, Id 12 Zrmed RI a GIS (ben ren 4uung rap BUS) l.unm Bay Lmdgc Tmck A, Blocit I, Lnt 1, 4, amt 5 Zoned BITS Trout, A. Died, 1, Lm 2 'tuned RI 'fm lodges Ihat are aonN RI, dam to he a herd and hrxakFaa, nae Ir telling the ay Ihry are .'seal. sat, .,Ideal' ehlle sol,,e .1m, for multiple night fishing charters. 31v uudentvmding rah bed and breakfast Ir, they only provided a place On sleep. and the Brcakfae meal. The, do not preside a And serrke hunting and i or B.hing service, rrllhln hums, hum., ., vad a1a11. to pavide those servicer. '1'bank You David Ilarmes hlaynr 907 847 22[ 1 907 847 3028 rrutw lnnn, bar a U Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 294 of 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 Introduced by: KIB Manager Drafted by: PBZ Commission Introduced on: Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 4, BLOCK 19, TRACT A, LARSEN BAY SUBDIVISION FROM R1 -SINGLE-FAMILY RESIDENTIAL DISTRICT TO B -BUSINESS DISTRICT (PBZ CASE NO. 17-030) WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska Statutes; and WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 1968 Comprehensive Plan; and WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with AS 29.40 to Implement the Kodiak Island Borough Comprehensive Plan; and WHEREAS, KIBC 17.205.010 provides that "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"; and WHEREAS, the Planning and Zoning Commission received a request to rezone Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District; and WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; and WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough Assembly the Lot 4, Block 19, Tract A, Larsen Bay Subdivision be rezoned from RI -Single - Family Residential District to B -Business District, finding that the public necessity, convenience, general welfare, and good zoning practice would be enhanced by such action; and WHEREAS, the Planning and Zoning Commission hereby recommends that this rezone be reviewed and approved by the Borough Assembly. Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 1 of 3 Insertion — Bold, Blue, Underlined Case No. 17-030 Version 1 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 295 of 359 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21. 2017 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Lot 4, Block 19, Tract A, Larsen Bay Subdivision is hereby rezoned from R1 -Single - Family Residential District to B -Business District. Section 3: This ordinance shall become effective upon the issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void. Section 4: By this ordinance, the Borough Assembly adopts the following findings of fact in support of their approval of this rezone. 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 17 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B - Business zoning. Accordingly, the lots must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. 2. The lots are situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot also appears capable of accommodating a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF . 2017. Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 2 of 3 Insertion—Bold, Blue, Underlined Case No. 17-030 Version 1 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 296 of 359 AGENDA ITEM #C.3. Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 297 of 359 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JUNE 21, 2017 92 KODIAK ISLAND BOROUGH ATTEST: 93 94 95 96 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 97 98 VOTES: 99 Ayes: 100 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion — Red, Strikeout Page 3 of 3 Insertion — Bold, Blue, Underlined Cme No. 17-030 Version 1 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 297 of 359 AGENDA ITEM #C.3. Kodraklsland Borough P ZRBBb919MaE NGSdMby,MW [pmmunhylsaylxrhml Department 'I II��II�I6IY� 710MINI9N0ay Rd.Rm 705 Ko&k AK99615 IT. (907) 486.9767 Fax (907) 486 -93% 701 SF Explanation Of the need AJustifiotlon fora change a amerdmmtdaodng A commensal lodge(FoxiaB Lodge) las operated on this parts Once 7600whh no corns lnts horn reighbortgpropetyamem RacvW;.the predousMg rdladsen 9ry tolYrd the Somughd=several 1pd pgwemopetm1nq on RI.9ngle-FanRyReWkntW xmodPopesties Whlarseh9ay. Out lodge vvasldehd6ed and connnned to he onedUose Insert. Wedeske aodmaehe oa lodge. operaOm.1n order to legall7 do m. a rerorse d the subject prcd homRl-Sktgle-Fan*Fledidedlal to 9bursln isrequked. A pteAmsreWmtr;m=m dtsjamM fromRl tog was regtrctedin 7803 (Casello, 03.167. That requsstwasposfpnned while the 2009 trpdateso tleC*n1WdW be Plan Was mmpeled.Them*Pelt Md later denied In 2005 old Kens rccattrn xim:1 dat them Of the POWITY at that Llm_ewould fall order the definition da Bed andlkauldast. In 21)09 weappged and received apptoi alfora CWAUaW Use ft $1 la ewb0ih a B89P&Z Case t4mO9LO21). A ton&Um dapprazd b theOlParpend Out werantet oha gmt guanem lathe maks retdetce bya covered Weemaw. Unkdmak*. muted toobtaka taw" compRaa and m awt the two Lu9d Surithin the IvWhedN motahlime hame and the CLW bnowmland vdd We bdiftethm ffie hag stand"use door pdopenyb beyad dwt d a Bag. Rads'than Jous Wmiding lodging AM a meat we n2deall ascluOvepackages that mcludelod9mmevls.daner fishing Utps,and banpodalion to and from narguided h inti g extu_nlons._These sevlces lA dnm0s, within the Buruugh defedtkm da lodge perNBC 1735.130. Accordingly, mlhe than Wquwlurgan CUP fm AW, ware nvj,r Unga roans. fioa R7 :6ngleFard Vl1eiW Ula R4kmine .4rrh arena'!k nea tobring telongstandmyuseof" pmpenyinto compliancewithTitle 17mac 4=Ml ,Cohitinuad on revenr Case No. 17-D30 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 298 of 359 PROP -ID 70159 Application for Rezone KIBC 17.205 The kilmAng Infinntation Is to be suppaed by the Applkant PmpenyOwner/App&ant FoauRLodge LLC/Jeme12.Munson Mailing Address 159NW Laord56eet Dwdee,0997115 -- PlmmNurnim (971)719.91113 a(9WI 947-7277 /loiter Contact' milk etc: taken_W*@romcasmet trgal De r1;Kiun Subdr, Lasers Bap TrKt-A Bleck: 19 Lot: 4 SUM Addles: h4H lst Street Larsen Bal; AK 99674 Csnrml Zming•Rl KBC177S -_- PmpowdZonlW. Business KIBC 17.90 Appli abk ComwehmsWaPlan: A.Kodiak Wand Comprehensive Plan Update 2009 Explanation Of the need AJustifiotlon fora change a amerdmmtdaodng A commensal lodge(FoxiaB Lodge) las operated on this parts Once 7600whh no corns lnts horn reighbortgpropetyamem RacvW;.the predousMg rdladsen 9ry tolYrd the Somughd=several 1pd pgwemopetm1nq on RI.9ngle-FanRyReWkntW xmodPopesties Whlarseh9ay. Out lodge vvasldehd6ed and connnned to he onedUose Insert. Wedeske aodmaehe oa lodge. operaOm.1n order to legall7 do m. a rerorse d the subject prcd homRl-Sktgle-Fan*Fledidedlal to 9bursln isrequked. A pteAmsreWmtr;m=m dtsjamM fromRl tog was regtrctedin 7803 (Casello, 03.167. That requsstwasposfpnned while the 2009 trpdateso tleC*n1WdW be Plan Was mmpeled.Them*Pelt Md later denied In 2005 old Kens rccattrn xim:1 dat them Of the POWITY at that Llm_ewould fall order the definition da Bed andlkauldast. In 21)09 weappged and received apptoi alfora CWAUaW Use ft $1 la ewb0ih a B89P&Z Case t4mO9LO21). A ton&Um dapprazd b theOlParpend Out werantet oha gmt guanem lathe maks retdetce bya covered Weemaw. Unkdmak*. muted toobtaka taw" compRaa and m awt the two Lu9d Surithin the IvWhedN motahlime hame and the CLW bnowmland vdd We bdiftethm ffie hag stand"use door pdopenyb beyad dwt d a Bag. Rads'than Jous Wmiding lodging AM a meat we n2deall ascluOvepackages that mcludelod9mmevls.daner fishing Utps,and banpodalion to and from narguided h inti g extu_nlons._These sevlces lA dnm0s, within the Buruugh defedtkm da lodge perNBC 1735.130. Accordingly, mlhe than Wquwlurgan CUP fm AW, ware nvj,r Unga roans. fioa R7 :6ngleFard Vl1eiW Ula R4kmine .4rrh arena'!k nea tobring telongstandmyuseof" pmpenyinto compliancewithTitle 17mac 4=Ml ,Cohitinuad on revenr Case No. 17-D30 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 298 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 2 REGULAR MEETING'. JUNE 21, 2017 Esplanatlon of 0heeffect such a duingeoramerdment would lave on the ob*cWer of the appllcable mmprdunsivep4re A rezone of the stdhjett psrcel hom RI-SInglrFam3yRelderxWl to Bdudnesswould he mmistelt with the Commercial ComprehemHePW Future Land Use DesIgnaUon currently assigned to the parcel ithe present R zoning b Contrary to thou designation). A n=ne to B -Badness wasdd also be mmistern whhvadouslxd useand monw* goals, powes, and hnplementadon aclonslisted In the adopted ComprehmsNe part Dab" —X) _._._, .. Signature: leneD.Mauurh _..__-_ CDD Staff GedAuHae Date mD Saft Payment VedO aygD Fee Payable in Cashle'sOBice Iloom 0109-MaihDoor ofewough Building KBC 17265.030 Manner of InIllaftL Champs in this SI,%0A0 D. When wbmhted with a praegleshe Conprehelule D Plan amerdment appikationfor thesame part& We maybe Initiated M the following marme: PAID .;PR 28 2017 c1r2-kt A.The assembly upon Its own motion: Waiveroffee B The commission upon its own motion: ❑ Wahoroffee C. By petition znsthan 1.73 acres: p 635600 176th 5.00 acm: $750.00 5.01 to,1040aam 51,ODODO 40.01 acres or more 0 SI,%0A0 D. When wbmhted with a praegleshe Conprehelule D Plan amerdment appikationfor thesame part& Waheroffee PAID .;PR 28 2017 c1r2-kt Case No. 17-030 K00WKibLAVLjnUH00Gh PlifairGrnalm4w Ordinance No. FY 2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 299 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C Pa iA Kodlak Island Borough Community Development Department I II I IIIIIIIII VIII III 710 MIII Bay Rd. Rm 205 Kodlak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 hnol/www.kodiakakus 20158 PROP -0 20158 Application for Rezone KIBC 17.205 The fallowing Information Is to be supplied by the Applicant: Property Omer Applicant: Foxtall Lodge LLC/Jerre D. Munson Mailing Address: 159 NW Laurel Street, Dundee, OR 97115 Phone Number. (971) 219.8403 or (907) 847-2277 Other Contact email, eta taken_Ilne@comcast.net Legal Description: Subdv: Larsen Say Tract•A Block 19 Lot: 4 Street Address: NFIN 1st Street, Larsen Bay, AK 99624 Current Zoning: Rt KIBC 17.75 Proposed Zoning: Business KIBC 17.90 Applicable Comprehensive Plan: A. Kodiak Island Comprehensive Plan Update 2008 Explanation of the need & justification for a change or amendment of zoning: A commercial lodge (Faxtall Lodge) has operated on this parcel since 2000 with no complaints from neighboring property owners. Recently, the previous Mayor of Larsen Bay notified the Borough that several lodges were operating on R1 -Single -Family Residential zoned properties in Larsen Bay. Our lodge was identified and confirmed to be one of those listed. We desire to continue our lodge operation. In order to legally do so, a rezone of the subject parcel from RI- Single -Family Residential to B -business Is required. A previous request to rezone this parcel from Rl to 8 was requested in 2003 (Case No. 03.16). That request was postponed while the 2008 update to the Comprehensive Plan was completed. The request was later denied In 2008 and It was recommended that the use of the property at that time would fall under the definition of Red and Breakfast. In 2009 we applied and received approval fora Conditional Use Permit to establish a B&B (P&Z Case No. 09-021). A condition of approval for the CUP required that we connect our guest quarters to the main residence by a covered breezeway. Unfortunately, we failed to obtain zoning compliance and connect the two buildings within the required 24 month time frame and the CUP is now null and void. We believe that the long standing use of our property is beyond that of a B&B. Rather than just providing lodging and a meal, we provide all inclusive packages that Include lodging, meals, charter fishing trips, and transportation to and from non-gulded hunting excursions. These services fall directly within the Borough definition of a lodge per KIBC 17.25.130. Accordingly, rather than requesting anew CUP for a B&B, we are requesting a rezone from RI -Single -Family Residential to B -Business. Such a rezone Is necessary to bring the longstanding use of our property Into compliance with Title 17 KIBC (zoning). Continued on reverse o. Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 300 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 2 REGULAR MEETING: JUNE 21, 2017 Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: A rezone of the subject parcel from In-Single-Famlly Residential to B -Business would be consistent with the Commercial Comprehensive Plan Future Land Use Designation currently assigned to the parcel (the present R1 zoning Is contrary to that designation). A rezone to B -Business would also be consistent with various land use and economic goals, policies, and Implementation actions listed In the adopted Comprehensive plan Date: Signature: Jerre D. Munson CDD Staff Certification Date: CDD StafF. Payment Verification Fee Payable In Cashier's Office Room N 104- Main floor of Borough Building KIBC 17.205.030 Manner of Initiation. Changes In this title may be Initiated In the following manner, A. The assembly upon Its own motion: Waiver of fee B. The commission upon its own motion: Waiver of fee C. By petition: Less than 1.75 aver $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 D. When submitted with a prerequisite Comprehensive Waiver of fee Plan amendment application for the same parcels. Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 301 of 359 AGENDA ITEM #C.3. Printed hv: Canhier Pann 1 of 1 04128/2017 02.25.47 PM Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 302 of 359 PUBLIC HEARING ITEM 77-C PAYMENT DATE Kodiak Island Borough a ZREGULAR MEETING: JUN9& 40. 04/2B/2017 710 Mill Bay Rd. 2017-00000622 COLLECTION STATION Kodiak, AK 99615 RECEIPT NO. CASHIER 2017-00001130 RECEIVED FROM CASHIER FOXTAIL LODGE LLC Cashier DESCRIPTION APPLICATION FOR REZONE PID 20158 Printed hv: Canhier Pann 1 of 1 04128/2017 02.25.47 PM Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 302 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 FRs� sr��r TIT. -j C71, Vi g `�L g IQ b c d� a ON Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 303 of 359 a Rates i Foxtail Lodge AGENDA ITEM #C.3. PUBLIC HEARIKfi ff &P2 P 8 Z REGULAR MEETING'. JUN 1, 2017 xFelgNgRMOLIIm lOWpm ODORIfIIW MI60616MIn! N 6V10iWLLpRl1I1W taaATg110ae1IX'Jld[aI1W C®li/Rltall}KT.UtNMI Rotas Packages • ( O,ys GWded Rthlnt L 5 Nktm LedglM._ • 5Day,Gut, RshIM66Nhhatatltiry- for nanRfhlns guests pNme LIR for a'o e. All Packages Include Reuveq and oomspmNe accommodation at the Ladta Wy gWded RstMxtthan eapedreed 1JXG Gpuke w(tting I-tG Soavmifhh. ltulw on Lente me,h Yk,Me s W enaktm and neaay wain( mesh Nnuru( lamlly sMe coaunt. Fus tlrYsMe Wnch m0e but. N be It t, at. mod, ant Men. Fbh Man In, RgednL scum 1.11 , hnem, end Men% of you -nut, Packages Do Not Include Aklarent,nan My,mm" Poldn( Lk. Fres G .hsheIonpmtsand btlge u,H kllonnejtt Ptnonal hemi Case No. 17-030 http.//kodiakelaskarishinglodge.conJrates.html Huallva taeklaebtmx �'k� I ImdldYmA i r<dghmgapdge.hmsa 4 .. �11md,N.ro- ngahun9 Whm m EsPM Irrhm-ts• sa➢eeusuou 4/26/2017 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 305 of 359 Rates I Foxtail Lodge Hotel 6 U,a.11advn IOlklm ISOO.W per postal h d.. baWnt. N 1 ba4nuh tlw 9s, date Price to nsemdan due. Ila uneelatbn maunand Ne rasfrntbn cur be rebppYee. a 1500 per %non cooLd4don floods be kept II tln nservadon umm b rebooked. a urReRRden ho pal to I of the pecka{e.dee MR appy. Foata l bdge blot rmpartl fre bks of package dme due m clrtvmatamm bosomed wr coal ach as Lnsthar, Mtht ascots. ea. Guests W9I not Incur charges If they Me utabie to Resume the lodge duo to InWmemnutMr. We snooty mounts Wmta mmtaM Mpinauame tv potaa atalmt WLJGIerdeayL pr OdlCrdrLlelllram[S Rmervadons L paymenta Te m4 .. suarwashon ploass unto[ as by nkphone m e mpg. Rmomtbn re0vmta.N be Mid Mr 14 date peMlnl Payment of a 1503W deposit per each peroom The balane of payment M6 be duo Wdsc%poor m the alp dao. Will ba happy to msbtyau In thpuNSyo rfM pass, Upon nMp of your depoatdetaRM trip Infomadon .01 be sauoyou. Feud [enols Is. asset..cll faoMy and ret up sey Rukky.7. {oryaur prolrrnd d mm R pays m book earyl Radio& Al—k- Travel Iolorotalioa • AUfyAAIRONf5lId0p.252•"221 hat da9y Nthta loom MchmagemRod4M • RamAk(90).266J3WIhaL poly R1lhta gran Mchera{ero WadYl • Aklt&0sehasdady M{ha fmmRaeatm bnenary •• Best Wm nlessee cases (98&165)"1 BusNn RlalrwRal 907467.0) FoRlall tzol CoalaLA Idormclloa Molder CeereLa IMe la... 159 NVl bury St Durs m.OR9]115 mora;W71.215two Errol. likenJM44 QaWJVLeet Web Zerarm Ph... 2062214365 Onau: a1ry26ubisca t fuemer Cemak Jeff Munro]. haull ladle Pa BOL IW Larsen I1ay, Alt 99624 Phenr. 90]&4].22" EmaR taken oraffiLOT[J., AGENDA ITEM #C.3. P 8 Z REGULAftUBLIC MEETMG JIUfJg[21 .2017 2 TESTIMONMS (TESMONL SE ML) 'HJM y Mente.rnJ/lulvY ago adunc�asrA4stA Prows, I1114o,eAl Jnd /loom. /emWYTyJ fJ,l /IplflJ Af/SIP�naJ men Amdamn4l[hmdareaL)/' Jus LRM.. "Thin rsm dM-Ti)t l ry ro A4aFa JndW nl mt for oar 4 . Wr Nd an J n aril/ drrc with k ,adft.Tlltl'"T ,`men prorirnmwaMMnrxFL' Tnvm curd Whay BaUal Ago= B9(W TTO. OUR LOCATION to". CO1AVfUS(CONTACT. CONNECTWTrHvS I2 =J22ML1 LOCAnommkty UlASMTT ` DGe I'�\,a Ports Munni 199 MWbuel S[ bndm, GRA11f vevnr:90)M).iT" Y_] aleaaen Fateteak MepcIIWWW.lanbmtmmdmWloegel I -:j Lekotraon kimpam Weave naYln/ �rd to M4nl wkn yu ab MOMnt you melnu ,.,', .`h`..'S4:'.' RE9on= MFSONICE1111m ImPadJmtaIImmmdvrWhd[e.aY) bamyad"Wt `•"tee' WrYMpodal w.m tareeeradenhodl IMn MaRnl Castrotfour AtS nnpnmmadWdmabf OBWMwYi PaLplld2taMYmRvm/I Case No. 17-030 http)/kodiakalaskofishinglodge.coni/rates.html 4/26/2017 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 306 of 359 May 4, 2017 Jerre D. Munson Foxtail Lodge LLC 159 NW Laurel Street Dundee, OR 97115 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17-030. Request a Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from Rl- Single-Family Residential District to B -Business District (KIBC 17.205). Dear Mr. Munson Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their June 21, 2017 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, June 14, 2017 at 6:30 p.m. in the Borough Conference Room (9121), 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 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 307 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 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, June 21, 2017. 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: 17-030 APPLICANT: Foxtail Lodge, LLC AGENT: Jerre D. Munson REQUEST: A Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single - Family Residential District to B -Business District (KIBC 17.205). LOCATION: NHN First Street Larsen Bay ZONING: R1 -Single -Family Residential This notice is being sent to you because our records indicate you are a property ownerlinterested 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. Tuesday, June 6 2017 to be considered 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 ssmith(a)kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number Is 486- 3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, June 14, 2017, a work session will be held at 6 30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. if you have any questions about the request or your appeal rights, please feel free to call us at 486.9363. Your Name: Mailing Address: Your property description: Comments: Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 308 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21. 2017 Case 17-030 Request a Rezone of Lot 4, Block 19, Tract A, Location Larsen Bay Subdivision from R1 -Single -Family NHN First Street, Larsen Bay Residential District to B -Business District Applicant (KIBC 17.205). Foxtail Lodge, LLC Legend Public Hearing Notice �'- rC0 o Lz90 2,4100 4,eoo -Subject Parcel Notification Area Kodiak Island Borough GIS Community Development Department .... Accdss Roads hdpalwww.kodiakak.uslgis (907) 4869337 IN'aiis f.ovidad N, r har,.onai purposes ___ ony and is mamanded for anyiogntr..he.thwarts . Unconstructed Right of Ways Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 309 of 359 AGENDA ITEM #C.3. Ni v v v 1 E 3 a a a a a a N a a a o f z � m m m m w z z z a w 0 $ °a °$$ o 0 o a z > x y$ E f 3 3 5 5 3 S a s 5 u z a 5 0 3 5 5 5 5 i a Z _ x � w m a W o 0 3 > o 0 0 00 0 ] O Z a v xin O0xm mm x 6 04000 m m id 6 6 s a6a a6 V ti O D j 2 w 5 Z z m Q m w m c G Z w w wd s o ,oe z w a �2 ia i 0 Z Z zo Z i 0 0 0 0 g Z z ma m W a a x x x 5 G 3 a= a a a 'a - o a o 5¢¢ a a¢¢ m m m$ i i i x x x x f Z m i i g Z C r o o W o w w o w r o N x Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 310 of 359 0 nC? d Z 0 U AGENDA ITEM #C. 3. 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Page 311 of 359 a w 2 i o 1- a 6 w Qy a i x w a ¢ a a 6 w m s > s Q z z s Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 311 of 359 ! §§))§§)(§§)§§§))()()§)§§) );§§ ,=)i�§0Zo E� ,.,_Z�ZZ�. ---! §§§§�=�,E,,.,���1,! „ !! ! \ �\\)§j(\;(§\§;;\ \§§)\§\\)§|§!|}§)§\§§§) X ]/ \ § ())) |\§§[§(§}(((()§�§;;; ; ] !) AGENDA ITEM #C.3. Ordinance No. Ra,a!Rezoning Lot +Block RTract &� Pageel¥ 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 6 Z REGULAR MEETING. JUNE 21, 2017 City of Larsen Bay P.O. Box 8 Larsen Bay, AK 99624 (907) 847 -2211 Fax(907)847-2239 Email: cityo0arsenbay@aol.com Resolution 17-11 A RESOLUTION OPPOSING AND REQUESTS A MORATORIUM ON KODIAK ISLAND BOROUGH REZONING CASES 17-025, 17-026, AND 17-30 WHEREAS, the Larsen Bay City Council is a governing body of the City of Larsen Bay, and; WHEREAS, the City participated in a community meeting for the review of our Comprehensive Plan In 2008,and; WHEREAS, the current Comprehensive Plan does not allow for a large amount of property to be rezoned, and; WHEREAS, the City received several notices regarding rezoning of residential property, and; THEREFORE IT BE RESOLVED: they City Council of Larsen Bay would like to place a moratorium on these rezoning rases, and; THEREFORE IT BE FURTHER RESOLVED: the community of Larsen Bay would like to request another formal review of our Comprehensive Plan with the borough, just the same as It was done in 2008. PASSED and ADOPTED by a duly constituted quorum of the Larsen Bay City Council this 14th of June. 2017 SIGNED: (Mayor) ATT �iGLd-dl. �/ ��. Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 313 of 359 AGENDA ITEM #10.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21. 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 www.kodiakak.us 2017 Public Hearinc A public hearing will be held on Wednesday, June 21, 2017. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mil( Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 17-030 APPLICANT: Foxtall Lodge, LLC AGENT: Jerre D. Munson REQUEST: A Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single - Family Residential District to B -Business District (KIBC 17.205). LOCATION: NHN First Street Larsen Bay ZONING: R1 -Single -Family Residential This notice is being sent to you because our records indicate you are a property ownerlinterested 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 am, Tuesday. June 6, 2017 to be considered 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 ssmith ankodiakaLls. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local cell -In telephone number Is 488- 3231. The toll free telephone number Is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, June 14, 2017, a work session will be held at 6:30 p.min the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486.9363.e-Ol /t l 17P1 Your Name: S I ling Addre''e'ffi!! Q 3 L Your property description: , L Q Comments: r t'1 1 r Midj4Ljial to i 60q-tt 24,j iWo.4 ao 5 tftp m s L nar'6MM'9AIA� ueE9r ltu aaaof —CPur A -t.0 '11b N\0) 1 Auu-" Carylrnenn�s I a:l w, A10 Case No. 17-030 �6 R IM Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 314 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P d Z REGULAR MEETING: JUNE 21, 2017 CASE: 17-030 APPLICANT: Foxtail Lodge LLC AGENT: Jerre D Munson REQUEST: A Rezone of Lot 4, Block 19, Tact A, Larsen Bay Your Name: David Harmes Mailing Address: PO Box 83 Larsen Bay AK 99624 Your Property Description: Lot 7, Block 4, Tact A, Larsen Bay Comments: This zoning change request, meets the current Larsen Bav Comprehensive Zonine Plan Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 315 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Min BeY Road, Kodiak, Alaska 9%15 (907)466.9383 www kodiakak us A public hearing will be held on VYednesday, June 21, 2017. The meeting will begin at 9.30 p.m. in the Borough Assembly Chambers, 710 MITI Bay Road, Kodiak, Alaska, before the Kodiak) Island Borough Planning and Zoning Commission, to hear comments if any, on the following) request CASE: 17-030 APPLICANT: Foxteil Lodge, LLC AGENT: Jerre D. Munson REQUEST: A Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from RI -Single - Family Residential District to B -Business District (KIBC; 17.205). LOCATION: NHN First Street Larsen Bay ZONING: R7 -Single -Family Residential This notice Is being sent to you because our records Indicate you are a property owneniinterested parry In the erg of the request M you do not wish to testHy verbally, you may provide your comments in the space below or In a lother to the Community Development Department. Written comments must he received by 5 am Tuesday June 6 2017 to be considered by ti o commission If you would Uke to fax your comments to us, our fax number is: (907) 466.0396, a you may email your comments to ssmilhModiakek us. @you would like to tes6y vie telephone, planes, call in your comments during the appropriate public hearing section of the meeting. The local calldn telephone number Is 486- 3231. The toll free telephone number Is 1.665492-9202. One week prior to the regular meeting, on Wednesday, June 14, 2017, a work session will be held at 6'30 p m. In the Kodiak Island Borough Conference Room (#121), to review the packet material for the rase Kodiak Island Borough Code provides you with specific appeal rights N you disagree with the Commisslon's decision on this request. If you have any questions about the request or your appeal rights, please 11081 free o cal us at 486-9363. j� n Your Nam'( _) h4 OLr�1�,lGCS.Pn 'h[1 NW1na Add.:i� (Xnc 6 1cF" Y'ur property d"cdpaon:Ll,.t.V�1_ Camn'nb: { C t r) � ill , Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 316 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 May 24, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Case #17-025 Case #17-026 Case #17-030 Case #17-025 The Borough Community Development Department proposes amending the current Larsen Bay Comprehensive Plan (Case 17-025) IN ORDER TO FACILITATE rezone request (Case 17-026). The Borough shows no consideration for our Community when taking such an aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I strongly oppose any amendment to the Comprehensive Plan at this time. In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April 19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough wide authority to change regulations to address public necessity, convenience, general welfare or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed by the Planning and Zoning Commission when considering an application for a VARIANCE. Variances are provided..... for the purpose of relaxing zoning district requirements in special circumstances. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the high handedness of the Borough over the local community. We are a small secluded community. I believe that all Larsen Bay property owners and residents should have the opportunity to comment on an amendment to our Comprehensive Plan. The current Comprehensive Plan was written in 1984 and then reviewed in 2008. 1 recall a significant effort and input by the Council and the Community during the 2008 process. The current Comprehensive Plan does not allow for such a large amount of land to be rezoned from R-1 to Business. I believe a moratorium on rezone requests from Residential to Business will give the Community of Larsen Bay the opportunity for all property owners to come together and discuss future land use plans. Case #17-026 Based on the Information 1 have I am also opposed to the rezone request (case #17- 026). The owner knew when purchasing the lots In question that they were zoned Single Family Residential properties. Why the requested change? Is this request part of the owners original Plan for the property? Does he feel he can come in to a Community and do as he pleases without regard for the standing law? As far as I am aware the property owner never discussed this rezone request with anyone in the Community. In addition to the 4lots being proposed for a rezone an additional 3 adjacent lots are owned by the same family in the farm of business entities. These 7 lots encompass access to Moses's Beach which is a well used community Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 317 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING', JUNE 21, 2017 beach. What is the big picture here? I would like to hear what the property owner has in mind. Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned? If the lots are rezoned the property owner would be able to develop the property however he chose. On a recent bike ride I saw a substantial amount of building materials on the lots proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he expanding his business despite the current single family zoning? Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is approved/denied. Following is a rebuttal to each of the six points to be considered before a VARIANCE can be permitted in Case 17-26. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following. the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is/was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he knew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing far a business/commercial rezone at a later date? 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare Adjacent property owners object to noise and traffic associated with large groups of people with a vacationing/anything goes mind set. There is also a question of the City being able to provide adequate water and electrical utilities. The land is low lying and swampy which raises the question of supporting a septic system for sewage for a commercial property. The EPA would need to be consulted as to if the property could support an appropriate septic system and to protect the public health. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The rezone of 4lots from residential to commercial is contrary to the objectives of the Larsen Bay Comprehensive Plan as written in 1984 and reviewed in 2008. Case Na. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 318 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: JUNE 21. 2017 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and There is a substantial amount of building material on the lots proposed for the rezone which are indicative of the owners intent to develop the property prior to an approved rezone. Is the owners moving forward prior to approval an attempt to get relief from his investment? 6. That granting the variance will not permit a prohibited land use in the district involved. Following is a description in KIB Zoning Code which clearly shows the rezoning to business or commercial is a prohibited land use for these four Single Family Resident lots. 17.75.010 Description and intent. The R1 single-family residential zoning district is established as a land use district for small lot, single-family residential dwellings where public water and sewer services are available. For the single-family residential district in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter,• D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. (Ord. 83-17-0 §2, 1983. Formerly §17.18.0101. Respectfully, Jane Petrich Lot 5, Blk19 PO Box 52 Larsen Bay, AK 99624 Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 319 of 359 AGENDA ITEM #C.3. PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486.9363 www.kodiakek.us I17 Public Hearin Item 7-F A public hearing will be held on Wednesday, June 21, 2017. 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: 17-030 APPLICANT: Foxtall Lodge, LLC AGENT: Jerre D. Munson REQUEST: A Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single - Family Residential District to B -Business District (KIBC 17.205). LOCATION: NHN First Street Larsen Bay ZONING: R1 -Single -Family Residential This notice is being sent to you because our records indicate you are a property owner/interested party In the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department Written comments must be received by 5 om. Tuesday. June 6. 2017 to be conslije er d 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 ssmith4DWdiaka¢.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, June 14, 2017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call usat4866-9363. '�7 {� /� /� Your Name: V.tiSfVlt"JU.1^ Il ll A CIAXI(f li, Nailing Addmm: i() r/O{ SQn yq.('I I:JL A Your property description: ri5t- 1L� 1 Comments; e n U 151 r PJ u VIRVRc I IL Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 320 of 359 AGENDA ITEM #C.3. May 30 17 09:32a p.1 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 www.kodiakak.us an Wednesday, June 21, 2017. The meeting will begin at 6:30 P.M. I, 710 Mill Bev Road, Kodiak, Alaska, before the Kodiak Island Bc CASE: 17-026 (Postponed at the April 19, 2D17 regular meeting) APPLICANT: Uyak Bay LLC and Bruce Kososkl AGENT: Chad Elmer 7 -050 REQUEST: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. -- LOCATION: ----- Northeast portion of the -City of Larsen Bay ZONING: R1Single-family Residential This notice is being sent to you because our records Indicate You arc a property ownerlinterested 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 an the Community Development Department Written comments must be received by 5 nm Tuesdav, June 6 2017 to be considered 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 ssmith(alkodiakak.us. If you would like to testily via telephone, please call in your comments during the appropriate public (rearing section or the meeting. The local call-in telephone number is 486-3231. The toll free telephone number Is 1-855-492-9202, One week prior to the regular meeting, on Wednesday, June 14, 2017, a work session will he held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the pecker 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. Yaar Nan,r. Mallin Addrne: Yoar property de¢rlpaoa: Cemmenu In yn Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 321 of 359 AGENDA ITEM #C.3. May 30 17 09'.32a p.2 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING'. JUNE 21, 2017 We, the undersigned, oppose the requests in Case 17-025, Case 17-026 and Case 17-030. The Comprehensive Plan should not be amended to change Future Land Use Designations from Residential to Mixed Comm erciai/Waterfront/Residential. Lots 3A, 2, 3, and 4, Block 3, Tract A and Lot 4, Block 19, Tract A should not be rezoned from 111 -Single -Family Residential to B - Business District. The Applicants were aware of the zoning restrictions when purchasing the properties and in some instances have already flagrantly violated the zoning ordinances and expressed intention to continue to do so if denied re -zoning. The Comprehensive Plan for the City of Larsen Bay was made after extensive discussion, review and input of the city, tribal and residents. It entailed significant and serious effort to look out for the well being of this community for generations to come. It carefully balanced the land between residential and commercial. There is no reason to deviate from these designations. Both applicants are hunting and/or fishing lodges. There are already enough of these in Larsen Bay. The local wildlife and natural resources cannot support additional lodges. The safety of persons and property are compromised by bear -attracting activities such as cleaning fish and hanging deer so close to residences and schools. The City resources and utilities cannot support additional business. Further, additional commercial properties raise real estate prices to the extent that locals are being pushed out. No changes should be made. Mailing Property Description: HUrir,� 2 —27 Name:�'vL=l.Sot+ Mailing Address: p'C, Property Description: �,G� SEcvu p Si, 4L 3 Mailing Address: A0)(- I a (� p 1 Property Description: 00 ri9S5: �1-trrrvl lel', Ir_Q. iC eSC 4L_ ice- 8 61 oc-t � Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 322 of 359 hlay 30 1709.32e Mailing Address: t:V. L3Ox Property Description: Lo+ 'S Nam a: Mailing Address: 4fmX 24 Property Description: Mailing Address: ,d ux I L, b Property Description: 1-k U,,v S AGENDA ITEM #C.3. p.3 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 1) C'� L-A R52J L 6 V - U\00, `-i (� `36a# Property Description: P-5)0 k ✓rL' , 1.i1'�"\ 1 15. V1 `1 Name:F�xf /It n Mailing Address: 76-a Ll F4It 79Ga, Property Description: `7-7-' h L K- I - / T Name: SaH Mailing Address: Po ODK -�;y �,4gse-_ -Z 1 � Property Description: i�.L1- I _ Lo—r '7 Casa Na. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 323 of 359 May 30 1709:33a S ` Mailing Address: P o ' 9c"), l Property Description: LO(,IL 19 , L V 1 Name:_ Mailing Address:_ Cl •�ky.2� Property Description: 726 J\ 2— N N AGENDA ITEM #C.3. p.4 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 Mailing Property Description: Property Description: 1l` I' 1�`1, t� � �1In Name:_CIL��`U tC, MailingAddress: �g.J i�fJ�)i-z��✓�` ��(� n.�,(� I S�' 2C1 .>OS Property Description: aa�,, (— Name: �t22 ?vJ 1 .., Mailing Address:. `(�S izy' c ^kLk � 1 Property Description: Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 324 of 359 AGENDA ITEM #C.3. May 30 1709:34a p.5 PUBLIC HEARING ITEM 7-C P 8 Z REGULAR MEETING: JUNE 21, 2017 Name: Tow ip" Mailing Address: Pr1, Uox, 76 Property Description: Hifi R, Name: 26 --T 4k5kaif Mailing Address: J0 0 ASO ); 74 .l�. Property Description: e:5 S%TGUI Name: ,T_�s,� cJ� Mailing Address: p"1" a2y //116 Property Description: Z� �'ii i Name: Mailing Address: 41c Property Description: Naml�jc /L•tY/ (� � Mailing Address:& Property Description: Name ZOIC ZOIC k Q C� n1 I Mailing Address:-?-() E�Dh ++ 11 -- 7 � Property Description: BlC1"� (C F IOT Case No. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 325 of 359 AGENDA ITEM #C.3. May 30 1709 34a p.6 PUBLIC HEARING ITEM 7-C P 8 2 REGULAR MEETING: JUNE 21, 2017 L6 Case Na. 17-030 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 326 of 359 AGENDA ITEM #C.3. 3 Ile lot has adequately accommodated the existing lodge buildings and use fors ral ye and appears to be suitable for such use. The lot is also of sufficie rea to accom ate a variety of other uses that are allowed in B -Business zoning. 4. The rezone i onsistent with the Mixed Commercial/Waterfront/Reside ' Comprehensive Plan Future Lan se Designation assigned to the lot (Case No. -025). The rezone is also consistent with, d will further implement, various Ian se and economic goals, policies, and implementati ctions identified in the adopt omprehensive Plan. 5. The Planning and Zoning Cc ssion recommends t the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED OWNIMOUSLY Motion #2 COMMISSIONER SCHMITT MOV o recommend tha Kodiak Island Borough Assembly approve the rezone of Lots and 4, Block 3, Tract A, en Bay Subdivision from R1 - Single -Family Residential trio to B -Business District (KIBC 1 ,subject to an effective clause, and to adop a In of fact listed in the staff report dat arch 31, 2017 and entered into the r d for this case as "Findings of Fact" for Case No. 17-0 COMMISER SCHMITT MOVED to postpone Case No. 17-026 Motion No. the April 2018 ular meeting. CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY C. CASE 17-030. Request a Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from RI -Single -Family Residential District to B -Business District (KIBC 17.205). The applicant is the Foxtail Lodge, LLC, and the agent is Jerre D. Munson. The location is NHN First Street, Larsen Bay. The zoning is R1 -Single-family Residential. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated June 7, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-030. Jack Maker stated this is another lodge in Larsen Bay that the previous mayor filed a complaint saying they were operating lodges in residential zoned properties. The lodge has operated on the property since 2000. It is a prohibited use in a R1 zone lot. This request is consistent with the future land use designation that was decided upon by the City of Larsen Bay during the 2008 Larsen Bay Comp Plan Annex. The lot already has a land use designation of Commercial, which is consistent with Business zoning. It is consistent with the Larsen Bay Comp Plan and we have a comment from the previous mayor of Larsen Bay stating that. Staff recommends this request be forwarded to the assembly for their approval. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 17 years. Lodges are not a permitted use in Rt -Single -Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, the lots must be rezoned from R1 -Single -Family Residential District to B - Business District to allow the commercial lodge operation to continue. 2. The lots are situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. Kodiak Island Borough Planning & Zoning Commission Guidelines June 21, 2017 Page 5 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 327 of 359 AGENDA ITEM #C.3. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot also appears capable of accommodating a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY CASE 17-031. Request a Similar Use Determination that the use of tandem par,"_g sp es and spaces within attached garages to meet the off-street parking require nts for Ili -family dwellings is similar to allowing the use of such spaces to meet)fie off- street rking requirements for one and two-family dwellings (KIBC 17.175. O.H and 17.15.09 ). The applicant is Swell, LLC, and the agent is Trevor Edmo son, The Peterson up, Inc. The location is 1223 Mill Bay Road, and the zoning is usmess. COMMISSIO SCHMITT MOVED to grant a Similar Use Determi tion, per KIBC 17.15.090.A., fin 'ng that the use of tandem parking spaces and spa s within attached garages to meet off-street parking requirements for multi -family ellings is similar to allowing the use of s h spaces to meet the off-street parking require ants for one- and two- family dwellings as per ed by KIBC 17.175.070.H. Jack Maker staled the pro sed multi -family housing d( buildings, three c the four b sed will contain five d garage on the first floor and livi area on the upper two units configured in that manner Xd one two-story AI garage with parking spaces outside. wenty units in thi based on the building itself, each buil g has less th spaces per dwelling unit with 40 parkin paces pe a amendment to adopt the condition of app val a an Fact. Staff recommends this request be gran velopme will consist of four separate yelling lits that are configured with a loor . he fourth building will have four A ompliant unit that will not have a roject. The parking requirements are twelve units. Required are two parking de. This afternoon Maker prepared an amendment to amend the Findings of Open public hearing: Jane Petrich (caller) s/calledlled regard' g Cas 17-030.Trevor Edmondson, Proup rep senting S I LLC, spoke favor of the request. John McGrew, one ofs of th project, spoke i favor of the request. Close public hearing: Commission discussiCOMMISSIONER SCquested a recess to make sure a gets the motion right, he is reading from three or s of paper.CHAIR ARNDT calledute recess.CHAIRARNDTreconmeeting at 8:05 p.m. COMMISSIONER AHMITT MOVED TO AMEND the motion so it wouldd move to grant a similar use deter ination per KIBC 17.15.090.A finding that the use of land parking spaces and spaces w' in attached garages to meet the off-street parking requirement or multi -family dwellings i similar to allowing the use of such spaces to meet the off- eat parking requireme s for one and two family dwellings as permitted by KIBC 17.175.070 H, d to adopt the follo ing Findings of Fact subject to one Condition of Approval as the Findings Nesential Case/7-031. The Condition of Approval -The rental agreement for this multi -family dev opment shall include language that required tenants to utilize the off-street parkiin their respective dwelling unit's garage for the parking of operable licensed and Kodiak Island Borough June 21, 2017 8 Zoning Commission Guidelines Page 6 Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 328 of 359 June 28, 2017 Foxtaii Lodge Mr. Jerre D. Munson 159 NW Laurel Street Dundee, OR 97115 AGENDA ITEM #C.3. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone(907)486.9363 Fax(907)486-9396 www.kodiakak.us Re: Case 17-030. Request a rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (KIBC 17.205). Dear Mr. Munson: The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 21, 2017, moved to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause. EFFECTIVE CLAUSE This ordinance shall become effective upon the Issuance of zoning compliance for all existing structures and established uses on the subject parcel. Should the zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 17 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, the lots must be rezoned from R1 -Single -Family Residential District to B -Business District to allow the commercial lodge operation to continue. Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 329 of 359 AGENDA ITEM #C.3. 2. The lots are situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot also appears capable of accommodating a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. 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 and submits the required $350 appeal fee. 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. S,iincc�erre� lly, ( w." Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Planning & Zoning Commission Ordinance No. FY 2018-07 Rezoning Lot 4, Block 19, Tract A, L... Page 330 of 359 AGENDA ITEM #A. 1. FIRE PROTECTION AREA N0.1 BOARD REGULAR MEETING , RFGQVE April 18, 2017 6:00 p.m. E BAYSIDE FIRE HALL JUL 13' 1. CALL TO ORDER/PLEDGE OF ALLIEGENCE -. CHAIR Paul Van Dyke called the regular meeting to order at 6:47 PM. 'tno"`-x'xsoF Y g g Knroek u acre 2. ROLL CALL Board Members present were Chair Paul Van Dyke, Richard Carstens, Scott Arndt and Rebecca Nelson. Absent was Board Member Mike Dolph. Also present were Chief Howard Rue and Secretary Jessica Basuel. 3. ACCEPTANCE/APPROVAL OF AGENDA ARNDT MOVED to approve the agenda. ARNDT MOVED TO AMEND THE AGENDA to add b. Plumbing and Electrical Wiring for Bayside Fire Department under new business. VOICE VOTE ON AMENDED AGENDA CARRIED UNANIMOUSLY. VOICE VOTE ON AGENDA AS AMENDED CARRIED UNANIMOUSLY. 4. APPROVAL OF MINUTES ARNDT MOVED to approve the minutes for the regular meeting of March 21, 2017. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT ARNDT MOVED to approve and acknowledge the Financial Report. Nelson questioned the legal fees of $1,024.00 for the current month. Chair Vandyke will include in the next meeting packet. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. VISITOR COMMENTS None. 7. CHIEF REPORT Chief Rue presented March 2017 report on calls to the board. Board discussed the different types of service calls and possibly separating emergency and non -emergency calls including the number of responders. Chief Rue announced he will be heading to FDIC Thursday, April 20`s with Gabe Moes. Chief Doug Mathers and Richard Carstens will be in charge of the Fire Department while he and Chief McNeil are away. Command 1 l was in service and ready to go. Fire Protection Area No. I Board Regular Meeting April 18, 2017 Page I of 4 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 331 of 359 AGENDA ITEM #A. 1. -Th Standard Operating Procedures (SOP) book was approved by the Borough Manager and was available for Volunteers to review online or at the station. Bunker gear bid was being advertised and then will be presented to the Borough Manager for approval. He will start testing hose in Why. BbadMscussed fire fighter physicals. Firefighter I course was continuing with a live fire burn that went well. He purchased a laptop and will donate the bld one to KARES. They were awarded a grant fora forestry tools. The check has not been received yet. Long Building I ed nohrgies was working on the thermostats so they can be shut off when the bay doors are open. He has a bid from Premier Mechanical to run the water and air lines. We are purchasing the air compressor and reel and in doing so have saved almost $8,000. The car seat program was successful. They continue to pursue their clean-up projects at the station. They have six high school students who are volunteers and could be eligible for the scholarship offered by Bayside. 8. CHAIR PERSONS REPORT Chair Van Dyke reported that he will move forward with the lease agreement to Planning and Zoning, postponing the land disposal case for 60 days. He will bring the lease agreement discussion to the next Fire Protection I work session. He thanked the board for their work on the budget this spring. 9. NEW BUSINESS a. Changes to the Enginerrender Specifications Chief Rue thanked Chief Engineer, Bruce McNeil for all the time and energy spent on the engine and tender specifications. Chief McNeil explained some of the changes to the board. Chief Rue and McNeil gave explanations as to why specs were added or deleted. Board discussion ensued. Chief Rue will be in touch with Spartan to review specs and pricing. b. Plumbing and Electrical Wiring for Bayside Fire Hall Chief Rue reported he received two quotes which Premiere Mechanical was lowest bidder at $9,929.58 to run air and water lines. Volunteers Kurt and Bruce got the Kusmal charging system in Engine 11. They now have air and a temporary system for the equipment. ARNDT MOVED to approve Premier Mechanical for NTE $10,000 for installing the air and water lines per our request. ROLL CALL VOTE ON MOTION CARRIED 4 — 0. 10. VISITOR COMMENTS Bruce McNeil stated that he was disappointed but understood what the board was up against. He and the Chief worked hard and tried not to add a lot of money, at the same time looking to the future to make it something that was going to be here for 30 years without drilling a bunch of holes. He hoped that was understood. He would like to hear that the board approved all. 11. BOARD MEMBERS COMMENTS Fire Protection Area No. I Board Regular Meeting April 18, 2017 Page 2 of 4 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 332 of 359 AGENDA ITEM #A. 1. Chief Howard — He echoed Bruce's sentiment. As he leaves his mark on this fire department, he didn't want someone to say why he didn't buy this or what was his purpose. He was known as being kind of light and he looked at taxpayer's money as how they would want it spent. He wanted something that would last, be trustworthy and beneficial to the future. He wanted to thank Bruce and the board for giving him this opportunity. Thank You. R. Carstens — No comments. R. Nelson - This was a long, arduous process, but hopefully this will show to the public that we are not wasting money. It was an absolute necessity as we have 30 + year old equipment here that are outdated and very difficult to repair due to lack of parts. She also mentioned that it needs to be figured out how to secure that training property better. If you look at the pile of pallets it is a fraction of what it was. Three (3) days ago during broad daylight, they were on a call and came back and they were stolen. We need to find out how to secure that facility. She thanked everyone on their time tonight on the line per line detail. She thanked the Chief and Bruce McNeil for spearheading it. S. Arndt — No comments. P. Van Dyke — He thanked everyone for their attendance and thanked Bruce McNeil ant Chief Rue for all the hard work. It was sticker shock but we are making an investment into the station and how it functions. This was part of the process that we send out the quotes and specs, inspected the equipment, and had a preconstruction conference. He thinks they did their job cutting, changing and adding the equipment. He thanked the chief for pushing on this. 12. NEXT MEETING SCHEDULE ARNDT MOVED to recess the meeting to 5:00 pm Wednesday, April 19'h at Bayside Fire Hall. ROLL CALL VOTE ON MOTION CARRIED 4 to 0. 13. ADJOURNMENT The meeting was recessed at 9:13 PM. Meeting was resumed April 19, 2017 at 5:10 PM. a) Changes to the Enginerfender Specifications Chair Van Dyke stated the reason for the recess was to gather more information concerning the changes to the Engine and Tender specifications. Chief Rue gave clarification to the board on specific additions and deletions on the Engine and Tender questioned by board members. Board discussion ensued. Fire Protection Area No. I Board Regular Meeting April 18, 2017 Page 3 of 4 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 333 of 359 AGENDA ITEM #A. 1. ARNDT MOVED to authorize the expenditure of $33,009.29 for modifications to the Bayside Fire Engine from Spartan. ROLL CALL VOTE ON MOTION CARRIED 4 TO 0. ARNDT MOVED to authorize the increase in purchase price on the Bayside Tanker in the amount $7,722.13. ROLL CALL VOTE ON MOTION CARRIED 4 TO 0. Chief Rue thanked Bruce McNeil for his time and effort in this project. He stated that these pieces of equipment will be here at Bayside for many years to come. He appreciated the boards trust in him. ARNDT MOVED to Adjourn. Meeting was adjourned at 5:40 PM. SUBMITTED B JeVny Clay, oerd Secre ary KIB Engineering/Facilities Department APPROVED BY: .,. tom^ Chair Paul Van Dyke Fire Protection Area No. I Board Regular Meeting Dale: % Z Date: / April 18, 2017 Page 4 of 4 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 334 of 359 AGENDA ITEM #A. 1. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR M ETI%vG MINUTES May 17, 2017 Regular Meeting 6:30 pm -Baro ghlsedk Chi%bW CALL TO ORDER L__..... 6UROUGH CLtitK'8 OF CHAIR ARNDT called to order the May 17, 2017 regular meeting of I I��,� Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led th pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Barry Allenhof, Maria Painter, Alan Schmitt, Greg Spalinger, Chris Hatch, and Colin Young. A quorum was established. Community Development Department staff present was Sara Mason, Sheila Smith, and Jack Maker. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the April 19, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS None PUBLIC HEARINGS Three minutes per speaker. Local phone number: 486-3231; Toll Free: 1-855-492-9202 A) CASE 17-014 (Postponed at the February 15, 2017 Regular Meeting). Request an ordinance amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KISC (RSL -Residential Small Lot Single -Family District) to create a new zoning district that would allow development of single-family residential dwellings on smaller lots in the Borough. The specific intentions of this new zoning district are: A. To reduce land costs associated with single-family residential development; B. To encourage the construction of smaller housing types; C. To prohibit commercial, industrial, and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; and D. To require a minimum land area to establish the RSL district to reduce the impacts of potential subdivision of existing lots within neighborhoods. The applicant is the Kodiak Island Borough. The location is borough -wide and this Is a new zoning district that may be established in a 1.5 acre or larger area where water and sanitary sewer service from a certificated public utility or municipal system are provided. Motion on the floor made at the Januaryl8, 2017 regular meeting: COMMISSIONER PAINTER MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District) to create a new zoning district that will allow Kodiak Island Borough Planning & Zoning Commission Minutes May 17, 2017 Page 1 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 335 of 359 AGENDA ITEM #A. 1. development of single-family dwellings on smaller lots In the borough, and to adopt the findings of fact listed in the staff report dated January 4, 2017 and entered into the record for this case as "Findings of Facr for Case No. 17-014. The motion was seconded by COMMISSIONER YOUNG. COMMISSIONER SPALINGER MOVED to amend by substitution with Version 2. Jack Maker gave a staff report. In response to CHAIR ARNDT'S inquiry if extenlions would be allowed If the plat is not approved and recorded within 36 months from the date of rezone approval, Maker said for this ordinance there would not be extentions allowed as they would be for preliminary approval on a plat. Open public hearing: None Close public hearing: COMMISSIONER HATCH expressed concern with the wording on lines 89 and 90 of the ordinance saying "should reduce" and suggested it say "may". Sheila Smith, secretary, said they can amend to strike the word "reduce" and replace it with "may". COMMISSIONER PAINTER MOVED to amend Ordinance 2017-xx striking the work "should" and replace with "may" to read "family dwellings on larger lots may reduce the associated land costs". Commission discussion. FINDINGS OF FACT 1. There is a growing need for additional housing options in Kodiak. Allowing development of single-family dwellings on smaller lots in the Borough may be one part of a regulatory solution to address this multi -faceted issue. 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings. Lots smaller than 7,200 square feel are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. 3. Creating a new urban residential zoning district that allows the development of singlefamily dwellings on smaller lots may reduce the associated land costs and encourage the construction of smaller housing types in that new district. 4. The amendment will create a new urban residential zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and implementation actions related to land use and housing. 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC (Zoning) by adding Chapter 17.77 KIBC (RSL -Residential Small Lot Single -Family District). ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY OLD BUSINESS NEW BUSINESS COMMUNICATIONS A. April Planning and Zoning Commission Case Results Letters B. Code Enforcement COMMISSIONER SPALINGER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes May 17, 2017 Page 2 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 336 of 359 AGENDA ITEM #A.1. REPORTS A. Meeting Schedule: • June 14, 2017 Work Session -6:30 p.m. -Borough Conference Room • June 21, 2017 Regular Meeting -6:30 p.m. B. Abbreviated & Final Approvals — Subdivisions • S17-009 Transmittal Memo & Plat 2017-4 COMMISSIONER SPALINGER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY STAFF COMMENTS Jack Maker said he appreciates COMMISSIONER HATCH'S comment on the word "should". You'll have a case before you next week that an off island developer is looking at constructing four 5 unit townhomes; some will be market rate and some will be subsidized housing. They are looking at more properties to build more units. The developer has a housing study that shows the market is good here for those types of housing units and they have offered that study to us. Director Mason stated ADU's is back in front of the assembly at their June 151h regular meeting and it will be a discussion item at their June 81h work session. We had a Chicken Ordinance Public Meeting last night, the last one before It comes to the commission. You will have a draft ordinance in front of you at the work session in June but it won't be on the agenda for the regular meeting. Mason will be working half days the week of Memorial Day. CITIZENS' COMMENTS (Limited to three minutes per speaker) COMMENTS Colin Young said he wasn't a part of the RSL when it started but to be here at the end for its passing is exciting and he's happy this happened. We have done some good work. Alan Schmitt agreed with Colin Young's comments. At the April 260' Lands Committee meeting, Mark Kozak came at the request of the committee where he presented information regarding the capacities of the City of Kodiak Sewer Facility. Schmitt suggested to Mayor Rohrer to try to explore how to get it transcribed or memorialized so it could be shared. The lines leading into the sewage treatment plant are quite old and have limited capacity that can have impacts on development in the future. ADJOURNMENT COMMISSIONER PAINTER MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 6:58 p.m KODIAK ISLAND BOROUGH PLAN GO�¢tNG C¢j A1SSION By: co . Scott Arndt, Chair ATTEST.Lb�h,Kd� By: Sheila Smith, Secretary Community Development Department APPROVED: June 21, 2017 Kodiak Island Borough Planning & Zoning Commission Minutes May 17, 2017 Page 3 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 337 of 359 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES JUL 2 1 2017 June 21, 2017 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER Call to order the June 21, 2017 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Greg Spalinger due to being out of slate. Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, and Alan Schmitt. Excused were Greg Spalinger and Chris Hatch. A quorum was established. COMMISSIONER PAINTER MOVED to excuse Greg Spalinger and Chris Hatch. VOICE VOTE CARRIED UNANIMOUSLY Community Development Department staff present was Director Sara Mason, Jack Maker (left 7:25 p.m.), Sheila Smith, and Daniel Mckenna-Faster (arrived 7:25 p.m.) VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER PAINTER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the May 17, 2017 minutes. COMMISSIONER SCHMITT MOVED TO AMEND on page 3, in the sections near the bottom on his comments by striking out the dangling clause at the end. VOICE VOTE ON MOTION AS AMEND CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local number: 486-3231; Toll Free: 1-855- 492-9202. A) CASE 17-025 (Postponed at the April 19, 2017 regular meeting). Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommerciallWaterfronUResidential (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the parcels from R1 -Single -Family Residential District to B -Business District (Case No.17-026). The applicant is Uyak Bay LLC and Kodiak Island Borough Planning & Zoning Commission Minutes June 21, 2017 Page 1 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 338 of 359 AGENDA ITEM #A. 1. Bruce Kososki, and the agent is Chad Elmer. The location is the Northeast portion of the City of Larsen Bay. The zoning is R1 -Single-family Residential. Case 17-025 Postponed at the April 19 RM to June 21 RM. Motion on the floor: COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025. The motion was seconded by COMMISSIONER SPALINGER FINDINGS OF FACT (In support of Motion on the floor) 1. The applicant desires to continue the use of an existing commercial lodge that has operated on these R1-Single-Famlly Residential zoned lots for 5 to 19 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B - Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lots. Accordingly, the Future Land Use Designation of the lots must be changed to a designation that is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lots are situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed CommercialNVaterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lots have adequately accommodated the existing lodge buildings and use for 5 to 19 years and appear to be suitable for such use. The amendment will facilitate a rezone to B - Business that will allow the existing lodge use to continue. The lots are also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. Jack Maker stated this request is a prerequisite to a following Case 17-026 rezone request for the same parcel. It was postponed at the April regular meeting to allow staff to notify all Larsen Bay residents and to allow for more comments. Lot 1A has had a lodge operating on it for 19 years. They applied for a rezone in 1993 and that case was postponed to 2008 to allow input from the City of Larsen Bay on their annex to the Comp Plan. Once the Comp Plan update was adopted, the rezone carne forward again in 2008. The rezone of Lot 1 was approved with an effective clause that required the applicant get a zoning compliance for all buildings on the parcel but zoning compliance was not issued due to many conditions to be met. At the work session, commissioners expressed Interest In dividing the motion and that the rezone for Lot 1A be forwarded to the assembly for approval. Staff recommended postponement on the other parcels. Open public hearing: Jane Petrich (caller) spoke opposing the request. G. H. Kennen (caller) spoke opposing the request. David Hermes (caller) spoke opposing the request. Close public hearing: Commission discussion Kodiak Island Borough Planning & Zoning Commission Minutes June 21, 2017 Page 2 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 339 of 359 AGENDA ITEM #A. 1. COMMISSIONER SCHMITT MOVED to call for the division of the motion to separate Lot 1A from the remaining lots in the request. ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY CHAIR ARNDT called a five minutes recess at 6:54 p.m. CHAIR ARNDT reconvened the meeting at 6:59 p.m. COMMISSIONER SCHMITT MOVED to recommend the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommercialNVaterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the supplemental staff report dated June 15, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025. Discussion EFFECTIVE CLAUSE This ordinance shall become effective upon the provision of a current as -built survey and issuance of zoning compliance for all existing structures and established uses on the subject parcels. Should the as -built survey and zoning compliance requirement not be met within 36 months of Assembly approval, this approval shall become null and void. FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use In B -Business zoning. B -Business zoning is not consistent with the Residential Future Land Use Designation assigned to the lot. Accordingly, the Future Land Use Designation of the lot must be changed to a designation that is consistent with B -Business zoning to facilitate the rezone required to allow the commercial lodge operation to continue. 2. The lot is situated among parcels that are assigned a mixture of Comprehensive Plan Future Land Use Designations consisting of Residential, Commercial, Mixed CommercialNVaterfront/Residential, and Conservation. The amendment is consistent with that mixture of designations. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The amendment will facilitate a rezone to B - Business that will allow the existing lodge use to continue. The lot is also of sufficient area to accommodate a variety of other commercial uses that would be permitted by such a rezone. 4. The amendment is consistent with, and will further Implement, various land use and economic goals, policies, and Implementation actions Identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this 2008 Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed CommercialNVaterfront/Residential (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-025 as it applies to said lots. COMMISSIONER SCHMITT MOVED to postpone Case 17-025 Motion #2 to the April 2018 regular meeting. Discussion Kodiak Island Borough Planning & Zoning Commission Minutes June 21, 2017 Page 3 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 340 of 359 AGENDA ITEM #A. 1. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY B. CASE 17-026 (Postponed at the April 19, 2017 regular meeting). Request a Rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District. The applicant is Uyak Bay LLC and Bruce Kososki, and the agent is Chad Elmer. The location is the Northeast portion of the City of Larsen Bay, and the zoning is R1 -Single-family Residential COMMISSIONER YOUNG MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lots 1A, 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 - Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-026. Maker stated this is the corresponding rezone to Case 17-025. Everything is pretty much the same. We provided direction for dividing the motion in the guidelines. Regarding encroachments of the existing lodge building on Lot 1A, on page 292 of the case packet that is taken right from the plat where they replatted Lot 1 to become 1A. During that replat, they incorporated a portion of A Street Right -Of -Way. Zoning Compliance was not obtained within 24 months. A 50' portion of A Street, the entire Right -Of -Way was vacated so A Street no longer goes through there that was done through platting which the City of Larsen Bay was involved in because it was a vacation of their Right -Of -Way and it had to be approved by them. Half of the Right -Of -Way all the way from that point where all of it is dedicated to Second Street was vacated and incorporated Into Lot 1A. No portion of the actual buildings encroaches according to the plat. According the plat, the building does not encroach but the deck does. Should the rezone be approved, prior to issuing zoning compliance we would make sure the encroachment was addressed? Open public hearing: Jane Petrich (caller) inquired what the vote was on the previous case and spoke opposing the request. Close public hearing: Commission discussion -Amendments may be offered at this time. COMMISSIONER SCHMITT MOVED to call for the division of the motion to separate Lot 1A from the remaining lots in the request. ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY Motion #1 COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the supplemental staff report dated June 15, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-026 as it applies to said lot. FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single-family Residential zoned lot for 19 years. Lodges are not a permitted use in R1 -Single Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, the lot must be rezoned from R1 -Single -Family Residential District to B - Business District to allow the commercial lodge operation to continue. 2. The lot is situated within a mixed zoning area that includes R1 -Single -Family Residential, B - Business, and C -Conservation zoning and uses. The rezone Is consistent with that mixed zoning. Kodiak Island Borough Planning & Zoning Commission Minutes June 21, 2017 Page 4 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 341 of 359 AGENDA ITEM #A. 1. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot Is also of sufficient area to accommodate a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Mixed CommercialNVaterfronNResidential Comprehensive Plan Future Land Use Designation assigned to the lot (Case No. 17-025). The rezone is also consistent with, and will further implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Motion #2 COMMISSIONER SCHMITT MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision from R1 - Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated March 31, 2017 and entered into the record for this case as "Findings of Fact' for Case No. 17-026 COMMISSIONER SCHMITT MOVED to postpone Case No. 17-026 Motion No. 2 to the April 2018 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY C. CASE 17-030. Request a Rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (KIBC 17.205). The applicant is the Foxtall Lodge, LLC, and the agent is Jerre D. Munson. The location is NHN First Street, Larsen Bay. The zoning is R1 -Single-family Residential. COMMISSIONER PAINTER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 4, Block 19, Tract A, Larsen Bay Subdivision from R1 -Single -Family Residential District to B -Business District (KIBC 17.205), subject to an effective clause, and to adopt the findings of fact listed in the staff report dated June 7, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 17-030. Jack Maker stated this is another lodge in Larsen Bay that the previous mayor filed a complaint saying they were operating lodges in residential zoned properties. The lodge has operated on the property since 2000. It is a prohibited use in a R1 zone lot. This request is consistent with the future land use designation that was decided upon by the City of Larsen Bay during the 2008 Larsen Bay Comp Plan Annex. The lot already has a land use designation of Commercial, which is consistent with Business zoning. It is consistent with the Larsen Bay Comp Plan and we have a comment from the previous mayor of Larsen Bay stating that. Staff recommends this request be forwarded to the assembly for their approval. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. The applicant desires to continue the use of an existing commercial lodge that has operated on this R1 -Single -Family Residential zoned lot for 17 years. Lodges are not a permitted use in R1 -Single -Family Residential zoning. Lodges are a permitted use in B -Business zoning. Accordingly, the lots must be rezoned from R1 -Single -Family Residential District to B - Business District to allow the commercial lodge operation to continue. 2. The lots are situated within a mixed zoning area that includes R1 -Single -Family Residential, B -Business, and C -Conservation zoning and uses. The rezone is consistent with that mixed zoning. Kodiak Island Borough Planning & Zoning Commission Minutes June 21, 2017 Page 5 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 342 of 359 AGENDA ITEM #A.1. 3. The lot has adequately accommodated the existing lodge buildings and use for several years and appears to be suitable for such use. The lot also appears capable of accommodating a variety of other uses that are allowed in B -Business zoning. 4. The rezone is consistent with the Commercial Comprehensive Plan Future Land Use Designation assigned to the lot. The rezone is also consistent with, and will further Implement, various land use and economic goals, policies, and implementation actions identified in the adopted Comprehensive Plan. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D. CASE 17-031. Request a Similar Use Determination that the use of tandem parking spaces and spaces within attached garages to meet the off-street parking requirements for multi -family dwellings is similar to allowing the use of such spaces to meet the off- street parking requirements for one and two-family dwellings (KIBC 17.175.070.H and 17.15.090.A). The applicant is Swell, LLC, and the agent is Trevor Edmondson, The Peterson Group, Inc. The location is 1223 Mill Bay Road, and the zoning is B -Business. COMMISSIONER SCHMITT MOVED to grant a Similar Use Determination, per KIBC 17.15.090.A., finding that the use of tandem parking spaces and spaces within attached garages to meet the off-street parking requirements for multi -family dwellings is similar to allowing the use of such spaces to meet the off-street parking requirements for one- and two- family dwellings as permitted by KIBC 17.175.070.H. Jack Maker stated the proposed multi -family housing development will consist of four separate buildings; three of the four buildings will contain five dwelling units that are configured with a garage on the first floor and living area on the upper two floors. The fourth building will have four units configured In that manner and one two-story ADA compliant unit that will not have a garage with parking spaces outside. Twenty units in this project. The parking requirements are based on the building itself, each building has less than twelve units. Required are two parking spaces per dwelling unit with 40 parking spaces per code. This afternoon Maker prepared an amendment to adopt the condition of approval and an amendment to amend the Findings of Fact. Staff recommends this request be granted. Open public hearing: Jane Petrich (caller) said she called regarding Case 17-030. Trevor Edmondson, Peterson Group representing Swell LLC, spoke favor of the request. John McGrew, one of the owners of the project, spoke in favor of the request. Close public hearing: Commission discussion COMMISSIONER SCHMITT requested a recess to make sure he gets the motion right, he is reading from three or four pieces of paper. CHAIR ARNDT called a five-minute recess. CHAIR ARNDT reconvened the meeting at 8:05 p.m. COMMISSIONER SCHMITT MOVED TO AMEND the motion so it would read move to grant a similar use determination per KIBC 17.15.090.A finding that the use of tandem parking spaces and spaces within attached garages to meet the off-street parking requirements for multi -family dwellings is similar to allowing the use of such spaces to meet the off-street parking requirements for one and two family dwellings as permitted by KIBC 17.175.070.H, and to adopt the following Findings of Fact subject to one Condition of Approval as the Findings of Fact for Case 17-031. The Condition of Approval -The rental agreement for this multi -family residential development shall include language that required tenants to utilize the off-street parking spaces within their respective dwelling unit's garage for the parking of operable licensed and registered Kodiak Island Borough Planning & Zoning Commission Minutes June 21, 2017 Page 6 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 343 of 359 AGENDA ITEM #A. 1. passenger vehicles. A copy of the rental agreement shall be provided to the Community Development Department prior to Issuance of zoning compliance. Findings of Facts :1. Lot size constraints require that this multi -family housing development use tandem parking spaces and spaces within garages to provide the required number of off-street parking spaces and to meet the maneuvering area requirements of KIBC 17.175.080.G and fire apparatus access and turnaround requirements of the adopted fire code. 2. The intended purpose of tandem off-street parking spaces and spaces within garages for multi -family dwellings Is Identical to the intended purpose of such spaces for one- and two-family dwellings. 3. The KIBC 17.175.080.G requirement for multi -family dwellings to provide onsite parking maneuvering areas eliminates the potential for local traffic disruptions that can be associated with the use of tandem spaces for one- and two-family dwellings. Accordingly, tandem parking spaces are better suited for multi -family dwelling use than for one- and two-family dwelling use. 4. The condition of approval, combined with a lack of available on -street parking near the site, will greatly reduce the potential for the off-street parking spaces within the garages to be used for any purpose other than the parking. 5. Off-street parking spaces within the garages of one and two-family dwellings are commonly used for purposes other than parking. The condition of approval greatly reduces this potential by requiring such spaces to be used exclusively for parking. Accordingly, such spaces are better suited to meet the off-street parking requirements for these multi -family dwellings than for one and two-family dwellings. FINDINGS OF FACT 1. Lot size constraints require that this multi -family housing development use tandem parking spaces and spaces within garages to provide the required number of off-street parking spaces and to meet the maneuvering area requirements of KIBC 17.175.080.G and fire apparatus access and turnaround requirements of the adopted fire code. 2. The intended purpose of tandem off-street parking spaces and spaces within garages for multi -family dwellings Is identical to the Intended purpose of such spaces for one- and two- family dwellings.' 3. The KIBC 17.175.080.G requirement for multi -family dwellings to provide onsite parking maneuvering areas eliminates the potential for local traffic disruptions that can be associated with the use of tandem spaces for one- and two-family dwellings. Accordingly, tandem parking spaces are better suited for multi -family dwelling use than for one- and two- family dwelling use. 4. The condition of approval, combined with a lack of available on -street parking near the site, will greatly reduce the potential for the off-street parking spaces within the garages to be used for any purpose other than the parking. 5. Off-street parking spaces within the garages of one and two-family dwellings are commonly used for purposes other than parking. The condition of approval greatly reduces this potential by requiring such spaces to be used exclusively for parking. Accordingly, such spaces are better suited to meet the off-street parking requirements for these multi -family dwellings than for one and two-family dwellings. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 4-1. The ayes were COMMISSIONERS ARNDT, ALTENHOF, PAINTER, and SCHMITT. The noe was COMMISSIONER YOUNG ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY E. CASE 17-027. Request a Variance to allow an existing single-family residence to encroach 14' into the required front yard setback and 2 feet into the required side yard setback on Lot 9, Block 2, Port Lions Subdivision. The applicant is Roy Fairman. The location is 415 Bayview Drive, Port Lions. The zoning is R1 -Single-family Residential. COMMISSIONER PAINTER MOVED to approve a variance to allow an existing single-family residence to encroach 14 feet into the required front yard setback and 2 feet Into the required side yard setback on Lot 9, Block 2, Port Lions Subdivision (KIBC 17.195 and KIBC 17.75.050) Kodiak Island Borough Planning & Zoning Commission Minutes June 21, 2017 Page 7 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 344 of 359 AGENDA ITEM #A. 1. subject to the condition outlined in the staff report, and to adopt the findings of fact listed in the staff report dated May 18, 2017 and entered into the record as "Findings of Fact" for Case No. 17-027. Daniel Mckenna-Foster stated this home has stood in the same place for several decades with no significant adverse impacts to the surrounding community. Cursory inspection of maps suggests that many other properties in Port Lions have setback violations as well. It seems appropriate that this violation be addressed by normalization through the granting of a variance and obtaining after the fact zoning compliance. One neighbor expressed concern that granting a variance will be inconsistent application to the borough code and the space between the properties is not sufficient as the structures currently stand. Staff determined this request meets all the conditions necessary for a variance to be granted. Fallowing the June work session the commission discussed the possibility of requiring an asbuilt survey from the property owner and they requested that borough staff ascertain who poured the original foundation for this property and when. The initial staff report stated erroneously that the City of Port Lions poured the foundation for this home site. The applicant stated on his application that it was the city that cleared the area for the foundation and they did not actually pour it. A representative from the City of Port Lions explained, from his knowledge, that the City of Port Lions did not pour the foundation. They did haul In rock and level the property for the former owner. The person who sold the property to Mr. Falrman may have poured the foundation but he cannot say for sure. The requirement for an asbuilt survey could cost the property owner between $1500 - $4000. If the commission plans to grant the variance, it may save the property owner this expense by re - advertising the case to allow for a larger setback. Staff recommends approval subject to conditions of approval. Discussion regarding the encroachment, postponement, and not being a motion to postpone in the staff report. COMMISSIONER SCHMITT MOVED TO POSTPONE this case to the January 2018 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY F. CASE 17-028. Request a Comprehensive Plan amendment to change the Future Land Use Designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205). The intent of this request is to facilitate a subsequent request to rezone the lot from R1 -Single -Family Residential District to B -Business District (Case No.17- 029). The applicant is James Cole. The location is 110 Bancroft Drive, and the zoning is R1 -Single-family Residential. COMMISSIONER YOUNG MOVED to recommend that the Kodiak Island Borough Assembly approve the 2008 Comprehensive Plan amendment to change the Future Land Use Designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial (KIBC 17.205) and to adopt the findings of fact in the staff report dated May 16, 2017 as Findings of Fact for Case 17- 028. Daniel Mckenna-Foster stated this lot Is zoned residential but structures on the lot have been in various states of demolition since 2012. The lot is encircled by areas with proposed future land use designation of Urban Residential/Commercial/Business and across Mill Bay Road from an area with a future land use designation of Industrial/Light Industrial. Mill Bay Road has long been one of the primary Commercial corridors. The 1968 Comp Plan recognized this arterial is a central route for businesses and vehicle traffic and the 2008 Comp Plan focuses most of the future Commercial/Business land use along this road as well. Many lots in this area have been rezoned to Business since they were originally zoned from Unclassified to Residential in the 1970's. A 2006 staff report for the rezone of the adjacent lot from R1 to Business, Case 06-010 noted at the time only ten privately owned frontage lots between Birch Avenue and Benny Benson Drive were not zoned for some level of commercial activity. As of 2017, only four lots Kodiak Island Borough Planning & Zoning Commission Minutes June 21, 2017 Page 8 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 345 of 359 AGENDA ITEM #A.1. are not zoned for some type of commercial activity. Although most changes in the vicinity seem to be moving more towards commercial use rather than dense residential use. This property sits along a highly trafficked commercial corridor but within a small residential enclave. CHAIR ARNDT called a five-minute recess at 8:35 p.m. CHAIR ARNDT reconvened the meeting at 8:40 p.m. Open public hearing: Charles Wagner spoke opposing the request. Close public hearing: Commission discussion COMMISSIONER YOUNG MOVED TO POSTPONE to the July 19, 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY G. CASE 17-029. Request a Rezone of Lot 26A, U.S. Survey 3098 from 1111 -Single -Family Residential District to B -Business District (KIBC 17.205). The applicant is James Cole. The location is 110 Bancroft Drive, and the zoning is R1 -Single-family Residential. COMMISSIONER YOUNG MOVED to postpone Case 17-029 to the July 19, 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. Code Enforcement Letters COMMISSIONER PAINTER MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • July 12, 2017 Work Session -6:30 p.m. -Borough Conference Room • July 19, 2017 Regular Meeting -6:30 p.m. -Assembly Chambers B. Minutes of Other Meetings • March 28, 2017 Regular Meeting, April 11, 2017 Special Meeting, & April 25, 2017 Special Meeting Minutes C. Abbreviated & Final Approvals — Subdivisions • S17-005 Transmittal Memo & Recorded Plat 2017-7 COMMISSIONER PAINTER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. Kodiak Island Borough June 21, 2017 Planning & Zoning Commission Minutes Page 9 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 346 of 359 AGENDA ITEM #A. 1. STAFF COMMENTS Director Mason stated the assembly passed the ADU Ordinance last Thursday; it does not look the same as when you passed it. Residential Small Lots will be the next land use topic that the assembly takes up and is scheduled for a work session in August. The new Resource Management Officer started this week so she expects to see in the next few months to see the things we were working with Duane Dvorak on. The assembly canceled their June 29 work session and July 6 regular meeting. Daniel Mckenna-Foster will be hosting a Cell Tower Public Meeting to talk about about the telecommunications ordinance coming up on June 28. Daniel Mckenna-Foster stated that we've talked about these cases on Bancroft a couple of times because people have mentioned there is a demonstrated need for residential property and there is limited housing. We do have a need for more residential housing but the market seems to be moving in a way that is not providing that. We should keep in mind that as we have a market based system for providing housing, if the market is not providing the housing it is an indication that some of the things that the borough has been doing are not producing the results that we may desire. We need housing but for some reason the market is not providing it. In this case, this is the market speaking and someone is trying to tum residential into commercial. How to encourage more housing and what would that take, and how different sections of the borough can make that happen. COMMISSIONER COMMENTS Maria Painter stated she is pleased with the Petersen Group and Swell for coming forth and potentially building something for the Kodiak community. She hopes it goes well and they are able to build a second one. Scott Arndt stated we had two cases tonight: one took commercial property and converted it to residential; and the other one was to take residential and convert it to Business. In the case of the commercial, there were 20 units gained. He is a firm believer In that property over a period of time will achieve Its highest and best use. We are seeing residential development of the Cliff Point Subdivision. The Lands Committee is looking at additional residential on Beaver Lake Drive. He remembers when we operated under the 68' Comp Plan and it was a great guideline. He recommends requesting a copy from staff. There are many changes in the community and for the most part, it is positive. He would also like to go before the borough assembly regarding the new policy of going paperless. There are a few handicapped people, me being one and Maria Painter has problems with her eyes. ARNDT would like to request the option that they give us the option rather than just saying no. It does not just apply to the Planning and Zoning Commission; he also sits on the Architectural Review Board where we get 11x17 prints that have already been reduced. He relies on those because he splits them apart to look at analyzing the details. He spends a lot of time doing that so it is donated time for the borough. He feels that he and others also contribute to the borough by volunteering their time so it should be an option. He would like to speak about that to the assembly. Maria Painter stated she has severe eyestrain when looking at the computer for long periods of time. That is the reason she needs a hard copy. She is computer literate but she needs paper in addition. She knows there are costs associated with it but she is sure there is somewhere we can find the budget for that. Maybe we all should look at the budget as a whole to see where there could be money for that. There is a need and we give so much time for the community, and it would afford us to do a better job with a paper copy. When someone has eyestrain or no access to Wi-Fi, she feels we really need to accommodate that need. Barry Altenhof stated that many of the packets that we get have duplicate information and it could be cut back. He does not see it as either/or, you either get a paper copy or you use your IPad. Let's figure out a way to get those who need a paper copy that need the essential information in paper form and if they need backup documentation then that could be Agendallotes. Kodiak Island Borough Planning & Zoning Commission Minutes June 21, 2017 Page 10 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 347 of 359 AGENDA ITEM #A. 1. Director Mason stated she was told to give people flash drives so they could have them printed Alan Schmitt stated it seems there Is a lot of repetition from in the packets but falling back on his prior occupation as an attorney, the record that is before us, if there's any subsequent action to the assembly as the Board of Adjustment or to the courts, that is then the record so it's critical that the record be complete. It can be a pain but it is necessary. ADJOURNMENT COMMISSIONER ALTENHOF MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 9:10 p.m. ATTESrT��t�.,, By: Sheila Smith, ecretary Community Development Department APPROVED: July 19, 2017 Kodiak Island Borough June 21, 2017 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMM SSION By: !� Scott Arndt, Chair Planning & Zoning Commission Minutes Page 11 Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 348 of 359 WOMENS BAY SERVICE AREA BOARD RECEIVED GENDA ITEM #A.7.ORIGINAL Q I G I /ti A REGULAR MEETING MINUTES 1 t i JUL 13 201) Date: June 6, 2017 avF:�UGH CLe,�h SS QeFiCE Call to order: 7:03 pm KODIAK,AtASKA Commissioners Present: Jason Chandler, Dave Conrad, Bill Ecret, Dave Heuman, John Isadore, George Lee and Chris Windnagle. Others present: Katy Heglin, Resident, and Dora Cross the KIB Financial Director. Agenda approved. Minutes approved and signed: Regular Meeting of May 2, 2017. Citizen Comments: None Contractors Comments: None Chairman's Comments: • Developed work list for next FY with Contractor on drive around last week. • Work orders in abeyance until next FY (July I, 2017 start) • Pot Holes on S Russ Ck Rd repaired last week, invoices pending. • Have spent all budget funds, emergency response only until next FY begins. Unfinished Business: Fire Department • Tumout Replacement; 10 sets ordered, — 18k • Emergency Generator: Arrived on site, slab ex out and elect. work to commence • Em Shelter Convenience Sink Cabinet installed. Punch list in progress. • Ext Lighting by tank/gen set — Scheduled for 2"d week of June. • Community Center Rental Agreement-KIB review pending. Road Service • Fish Friendly culvert at Mid Bay/Chiniak. Plan for RFP in Fall 2017, Construc- tion Spring of 2018 • Ditch cleaning/clearing discussed. Areas mentioned include Mid Bay Dr, Wmns Bay Dr, Lake Orbin Dr. and Kalsin Dr. Work to commence in July 2017 New Business: Fire Department- s Lease for Apartment above Fire Hall signed, new renter to move in soon. Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 349 of 359 AGENDA ITEM #A. 1. WOMENS BAY SERVICE AREA BOARD REGULAR MEETING MINUTES • New 55 year lease for Fire Hall and surrounding property to include new parking area, pond and bunker/corner lot across from the Fire Hall. Pends KIB Assembly approval/action. • Have signed Mutual Aid Agreement with State Div. of Forestry for Wildland Fire response. Road Service • Dust Control for BF Rd to be scheduled, intend to have BEI do majority of work. • KEA `culverts' inadequate at various new Transformer pads adjacent to roadside ditches; size and inverts not correct for proper function. Also, road shoulder/ditch profile unfinished on Kalsin below Nolan/Jackson properties after last seasons' work. Citizen Comments: • Katie Heglin; crack sealing on asphalt needs annual effort.. Board Member comments; • DH; New driveway on Gam at Malina Holmes with no permit, culvert lacking. • DC; Need increased Contractor QC on grading, too much gravel being wasted to road sides and into the ditches. BF Rd is too wide below Young's driveway; we need to narrow it to standard width for ease of maintenance. • JI; Sgt Ck Dumpster area is a fetid mess. • JC; Good job on Pothole Patching on S Russ Ck Rd. • BE; Contractor QC is totally lacking, they need to rework gravel berms and ditch- ing at no cost to SAB. • CW; Grader leaving berms and filling ditch on Wmn's Bay Dr, as well as numer- ous other areas throughout the service area. Contractor must ensure compaction of D1 when adding new material, QC efforts lacking overall. Next Regular Meeting on July 11, 2017. 7:00 PM at the WBFD Meeting adjourned at 8:05 pm Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 350 of 359 WOMENS BAY SERVI E jkREA BOARD REGULAR ETING (LUTES CHAIRP SON AGENDA ITEM #A. 1. Fire Protection Area No. 1 Board Regular Meeting Minutes Of ... Page 351 of 359 AGENDA ITEM M.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 TO: Mayor and Assembly FROM: Matt Gandel, Project Manager/Inspector CC: Michael Powers, Borough Manager Bob Tucker, E/F Director RE: Projects Status Report for Period Ending June 30, 2017 RURAL SCHOOL PLAYGROUND REPLACEMENTS This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of playground equipment at the schools in Akhiok, Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions. Playcraft Direct supplied all of the new equipment and AIM Maintenance is the installation contractor. AIM completed the playground at Chiniak in May 2017, and Larsen Bay and Karluk in June 2017. Port Lions and Ouzinkie are scheduled to start July 5, 2017, and Akhiok and Old Harbor in August 2017. All of the playgrounds are scheduled to be completed by August 15, 2017. New Larsen Bay School Playground New Karluk School Playground EAST ELEMENTARY INTERIOR RENOVATION This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of flooring, cabinets, countertops, plumbing fixtures, and doors at East Elementary. The project has been split into two phases: Phase 1 is renovation of existing restrooms and is scheduled for summer 2017, and Phase 2 will be hazardous material abatement and installation of new flooring, June 2017 Projects Report Page 352 of 359 AGENDA ITEM #B. 1. cabinets, countertops, and doors, and is scheduled for summer 2018. Jensen Yorba Lott completed design for this project, and Wolverine Supply is the contractor for Phase 1. Wolverine began construction on June 1, 2017. Unexpected asbestos containing materials were discovered during demolition in the restrooms, necessitating a change order and a week's delay in the schedule for removal. Wolverine has been working to make up the delay, and the project is still scheduled to be completed by August 15, 2017. Phase 2 will be issued for bid in fall 2017. Restroom Demolition Containment for Asbestos Removal New Plumbing and Framing FLOORING REPLACEMENT—AKHIOK, KARLUK, OUZINKIE This project was included on the list of bond projects approved by voters in the 2014 election, and is for hazardous materials abatement and replacement of flooring at the schools in Akhiok, Karluk, and Ouzinkie. Jensen Yorba Lott completed design for this project, and Environmental Contracting Solutions (ECS) is the contractor. ECS began construction on June 1, 2017, and completed Akhiok and Karluk by June 26, 2017. Abatement at Ouzinkie started on June 26, 2017, and is scheduled to be complete by July 7, 2017. The new flooring at Ouzinkie is scheduled to be complete on July 25, 2017, well ahead of the August 15, 2017 deadline. New Flooring at Akhiok School New Flooring at Karluk School Project Status Report—June 2017 June 2017 Projects Report Page 2 Page 353 of 359 AGENDA ITEM #B. 1. Abatement and Removal of Existing Flooring at Ouzinkie School KODIAK MIDDLE SCHOOL FIRE ALARM, CONTROLS, ELEVATOR This project was included on the list of bond projects approved by voters in the 2014 election, and is for replacement of fire alarm devices, mechanical control system, and elevator controls at Kodiak Middle School. Jensen Yorba Lott completed design for this project, and Wolverine Supply is the contractor. Wolverine began construction on June 1, 2017 and has been making good progress. The bid price from Wolverine was substantially less than the construction budget, so shortly after award of the contract KIB authorized a change order to add replacement of variable air volume (VAV) boxes and terminal fans to the scope of work. Replacement of these items will greatly increase the energy efficiency and control of the mechanical system but also adds a significant amount of work to a project with a short duration. Despite this, Wolverine is still on schedule to be complete by August 15, 2017. New Heating Valves VAV Replacement Underway BALER BUILDING EKTERIOR IMPROVEMENTS New Control Panel Jensen Yorba Lott (JYL) began the design process to replace the roof of the Baler Building in 2016. After several reviews by the Architectural/Engineering Review Board (ARB), the design now includes a base bid for a new metal roof and an alternate bid for an insulated panel roofing system. ARB discussion also brought up replacement of the exterior siding at the same time as the roof. JYL completed design for the siding replacement, and the 95% documents for both the roof and siding were reviewed and approved by the ARB on June 6, 2017. The ARB requested review of the 100% documents when they are completed. The Assembly approved funding for both projects on May 4, 2017, and the design documents will now be compiled to be bid as one project for both the roof and siding. The project is scheduled to go out to bid in fall 2017. MAIN ELEMENTARY WALKWAY The elevated walkway that leads from Powell Avenue to the main entrance at Main Elementary was closed in September 2016 due to concerns about corroding metal decking and concrete. PND Engineers completed design to replace the walkway, and it was issued for bid on May 2, 2017. On June 1, 2017, the Project Status Report—June 2017 Page 3 June 2017 Projects Report Page 354 of 359 AGENDA ITEM #B. 1. Assembly voted to award a contract to the low bidder, Wolverine Supply of Wasilla. Wolverine is currently working on submittals and ordering materials. Construction is scheduled to start mid-July 2017 and be complete by August 15, 2017. WOMENS BAY EMERGENCY SHELTER GENERATOR In October 2015 an addition to the Womens Bay Fire Department was completed, intended to serve as a shelter for community residents in the event of emergency. During construction electrical equipment was installed to accommodate a future generator for emergency power. In November 2016 a contract was awarded to Marsh Creek of Anchorage to provide the generator. It was received in May 2017 and staff has been working with local contractors for installation of a new concrete pad and the generator. This work is scheduled to start July 5, 2017 and be complete by the end of July 2017. LIST REPLACEMENT— MAIN, OLD HARBOR, PORT LIONS This project was included on the list of bond projects approved by voters in the 2014 election, and is for removal of underground storage tanks at Main Elementary, Old Harbor, and Port Lions and installation of new aboveground tanks at Main and Port Lions. (Old Harbor already has a new aboveground tank.) Design has just begun on this project, and is scheduled to be complete by the end of summer 2017. A mechanical engineer visited Main and Port Lions in June 2017 to gather information on the existing fuel system for design of the new tanks. The project will be issued for bid in fall 2017 with construction scheduled for summer 2018. PAVING AND LIST REPLACEMENT— PE This project was included on the list of bond projects approved by voters in the 2014 election, and is for removal of the underground storage tank and installation of a new aboveground tank at Kodiak Middle School, and paving of the parking lot at Peterson Elementary and behind Kodiak Middle School. Design has just begun on this project, and is scheduled to be complete by the end of summer 2017. A civil engineer traveled to Kodiak in June 2017 to do geotechnical investigation at the KMS site to determine the suitability of the existing substrate. The project will be issued for bid in fall 2017 with construction scheduled for summer 2018. Project Status Report—June 2017 Page 4 June 2017 Projects Report Page 355 of 359 AGENDA ITEM #B.1. June 2017 Projects Report Page 356 of 359 ono m 0 0 0 n c~Yl W a m m m al M W a n oo .ti m m m ri 0 a v m 0 m N d r 0 in ill Vl ill N to ~O N N w O Vl 00 r-1 N 1p �l ul .-I C �cr 01 N GO 00 u 111 c w v 'a E Vl in in in W V} N VF Q� N N Ol O W n O N O m M O N¢ O Q O m¢ O d p p m M Q M i Q O :3 O O L Y O ^i Cm m r v CO > > c c C "p ul in w +n w ilf an v in Zo vl E in E Ei N m ma o Na n `� 9 of a o o va w E .ti E ro E 'r v o m a CO v a c Lr ri vi m r of l7 n o in p rn m v m n v v w w w v v v c v v a o o w v v vl vl ,n m in S in m ill a in a" vl a" mc° Ln v 0 0 h O U E n O^ MO N N m _ E Y m > n o c o a o o o o o y a o -22 c O. E w Z a g 'a a o O m mp 0 E O O r 0 o a ?� N p 'a o o Y o .J x v w e u `w c Z, t3 .�v., c w f0 c N c c Q c w n w a w v w m w op �n Y U O 4 aw l7 l7 E l7 c l7 o c c ¢ c e c c c o e E E E � c c v c m o C A C n > June 2017 Projects Report Page 356 of 359 AGENDA ITEM #B.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Michael Powers, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending June 30, 2017 Below is a summary of approved change orders for capital projects for June 2017: East Elementary School Renovation Phase I Wolverine Supply, Inc. —Contract 2017-24 Change Order 401- $57,356.68 Asbestos containing materials were discovered in the walls and ceilings during demolition in existing restrooms. This change order is to perform abatement of the asbestos containing materials at restrooms A3, Al2, A13, A35, and A36, and provide and install new drywall walls and ceilings. KMS Fire Alarm, Controls, Elevator Wolverine Supply, Inc. — Contract 2017-27 Change Order #02 - $3,690.00 RFP 002 — Remove existing 3 -way boiler control valve, bypass piping, and bypass balance valve, cap bypass piping, and provide new piping and insulation to complete boiler piping connection. UST Replacement — Main, Old Harbor, Port Lions Jensen Yorba Lott, Inc. — Contract 2014-13 Change Order #44 — $63,035.00 Provide design, bidding, and construction administration for the OST Replacement— Main, Old Harbor, and Port Lions project. Design phases to be lump sum; bidding and construction administration phases to be time and materials. Change Orders —June 2017 June 2017 Projects Report Page 357 of 359 June 2017 AGENDA ITEM #B. 1. Page 358 of 359 AGENDA ITEM #B. 1. June 2017 Projects Report Page 359 of 359 n m n O m m m P P M M E .. .. e N N N o _ _ N O N Y1 Yj N N N m n O m m N q •'i ti 'I ry n O Eo ry ry ry n a a N a m P m q C m m v m N O N N N a o n E y c E s as m m o E o 'O o s E L c E E e U uu n Do Ru N U e m m m m n m 6 6 u 6 6 O N N N N N N N N N 9 L N m m m C O O eOV O N N � N G c c a a 0 0 o c c u c o O c w� 0 w= c o '- a` AGENDA ITEM #B. 1. June 2017 Projects Report Page 359 of 359 August 3, 2017 To: Kodiak Island Borough Assembly From: Mike Tvenge, Kodiak City Manager Re: Increase to E-911 Surcharge Rate Office of the City Manager 710 Mill Bay Road, Room 114, Kodiak, Alaska 99615 • The Kodiak Island Borough is authorized to impose an E-911 surcharge pursuant to A.S.29.35.131 and Kodiak Island Borough Resolution 95-45. • The City of Kodiak operates and maintains the only Public Safety Answering Point in the Kodiak Island Borough • The City of Kodiak fiscal year 2018 and 2019 operating budget for KPD Support Services -Dispatch eligible for AS 29.35.131 expenses are as follows: FY 18 Personnel -$1,172,125 Equipment- $596,946 ACS annual maintenance -$145,800 (5 year agreement) FY 2018 total E-911 expenses $1,914,871 FY 19 Personnel -$1,219,010 Equipment and maintenance $34,400 ACS annual maintenance -$145,800 Estimated FY 2019 total E-911 expenses $1,399,210 • Kodiak Island Borough surcharge collected and forwarded to City of Kodiak: FY16 $28,818.02 FY17 $26,126.69 leaving an estimated City financed subsidy of $1,888,744 in FY 2018 and $1,373,083 in FY 2019 • ACS estimates 20,000 Kodiak access lines: @ $2/line=$480,000 Annually which will still require a subsidy • 3,570 GCI and ACS access lines billed in FY 2017 • No AT&T access lines are currently billed the E-911 surcharge Telephone (907) 486-8640 / Fax (907) 486-8600 mtvenge@city.kod1ak.ak.us E. REZANOF DR .�..L_�'il�s�..Jw•= J.x,� f i 11'' _ wMf � .w� ,y� C al Ofoil"' ' ` •.-` r,.',,�.er__ '�4 a� tia�r-.r_'6�: 4r 1 t`o fie+ ♦ A a w '• ' �-+ _ �� ,�' � _ - _ - ..LRS ' ` •, Lr��t rPi , r i17+7 dt r (711W CD , � t �•. r F%r •6"` _ }.. r' 'Sty.- �'t� �i '�I J� jj� , ,•��! R,\ .Films � `C. �t � 1 "`�_ t7{i ♦y}y�'�•�'�� -�� rf�s;j'•'o� •� .'^,` fI rrY� .., �• �'. .�I`P{ � �R'� '^�"-, \`4 + yT i S, !. I Al •slow fTu"• or MI. 41- :Ilk O •�ai�� �. :FBF 1 cl Lip 00 00 � '� AAS, tjr� . �� W,r4�e•r. yi � f, ilk Ott kV 00 I Am CD r r � M Y 4 ?y 2 R15.1 0 �o EnEn CD CD J N J O O 00 0 00 N O W N .P n O C N 00 W m W AT ytP ��r Kodiak Island Borough Assembly Regular Meeting Guidelines August 03, 2017, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Sargent Major Dave Blacketer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 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 is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting Minutes Of May 18, 2017 Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA. 5. APPROVAL OF MINUTES *Regular Meeting Minutes Of May 18, 2017 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 4. address all remarks to the Assembly as a body and not to any member thereof Kodiak Island Borough Assembly Guidelines August 03, 2017 Page 1 7. AWARDS AND PRESENTATIONS - None 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products. Recommended motion: Move to adopt Ordinance No. FY2018-04. Staff Report — Manager Powers. Recommended motion: Move to amend Ordinance No. FY2018-04, lines 130 to 134 to read: Any nicotine product that is used in a vaporization device such as e -cigarettes, e -cigars, e -pipes, or any other product name used to provide nicotine vapors. The vaporization device is not subject to this tax if it is not sold packaged together with a nicotine product. Assembly Discussion to FOCUS ON THE AMENDMENT ONLY. ROLL CALL VOTE ON MOTION TO AMEND. Recommended motion: Move to amend line 179 of Ordinance No. FY2018-04 to change the levy of excise tax for each cigarette from $0.10 to $0.05. Assembly Discussion to FOCUS ON THE AMENDMENT ONLY. ROLL CALL VOTE ON MOTION TO AMEND. 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 MAIN MOTION AS AMENDED. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR — Mayor Rohrer Kodiak Island Borough Assembly Guidelines August 03, 2017 Page 2 12. UNFINISHED BUSINESS A. Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month Clerk's note: The motion is already on the floor which is to adopt Resolution No. FY2018-05. This resolution was postponed from the July 20, 2017 meeting. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2018-02A Amending Resolution No. FY2018-02 Schedule Of Fees Of The Kodiak Island Borough Recommended motion: Move to adopt Resolution No. FY2018-02A. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2018-08 Authorizing The Assessor To Assess The Spruce Cape Homes Low -Income Housing Tax Credit (LIHTC) Project Based On Restricted Rents. Recommended motion: Move to adopt Resolution No. FY2018-08. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 03, 2017 Page 3 3. Resolution No. FY2018-09 Requesting That The Legislature Repeal The Senior Citizens/Disabled Veteran's Property Tax Exemption (AS 29.45.030(g)), Excluding The Value From The Determination Under AS 14.17.510, Giving Control To Local Governments For Those Fiscal Decisions. Recommended motion: Move to adopt Resolution No. FY2018-09. Staff Report — Manager Powers. Assembly Discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction 1. Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/WaterfronUResidential (P&Z Case No. 17-025). Recommended motion: Move to advance Ordinance No. FY2018-05 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. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-026). Recommended motion: Move to advance Ordinance No. FY2018-06 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 August 03, 2017 Page 4 3. Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-030). Recommended motion: Move to advance Ordinance No. FY2018-07 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 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS' COMMENTS Announcements The Assembly will hold a work session on Thursday, August 10, 2017 at 6:30 p.m. in the School District Conference Room and the next regular meeting is scheduled on Thursday, August 17 at 6:30 p.m. in the Borough Assembly Chambers. Nominating packets are available now in the Clerk's Office for various Assembly, School Board, and Service Area Seats. The candidacy filing period will be from August 1 to August 15. 16. EXECUTIVE SESSION — None. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a ma'ori of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. 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E \!\ fmE 2 k cr • b\ m E _ _ �� § ) i \ \ a / o L m m # w > )k $ KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: -Nxo f I U Please PRINT your name Please PRINT your name I 9 N�6-4kjo,e�l 7 At Its Regular Meeting Of August 03, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, August 17, 2017, At 6:30 p.m. in The Borough Assembly Chambers. AMENDED, ADOPTED Ordinance No. FY 2018-04 Amending KIBC Title 3 Revenue And Finance To Add Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products. ADOPTED Resolution No. FY2018-05 Changing The 911 Surcharge On All Local Exchange Access Lines In The Area From Seventy-five Cents To Two Dollars Per Month. ADOPTED Resolution No. FY2018-02A Amending Resolution No. FY2018-02 Schedule Of Fees Of The Kodiak Island Borough. ADOPTED Resolution No. FY2018-08 Authorizing The Assessor To Assess The Spruce Cape Homes Low-Income Housing Tax Credit (LIHTC) Project Based On Restricted Rents. ADOPTED Resolution No. FY2018-09 Requesting That The Legislature Repeal The Senior Citizens/Disabled Veteran's Property Tax Exemption (AS 29.45.030(g)), Excluding The Value From The Determination Under AS 14.17.510, Giving Control To Local Governments For Those Fiscal Decisions. ADVANCED Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (P&Z Case No. 17-025) To Public Hearing At The Next Regular Meeting Of The Assembly. ADVANCED Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-026) To Public Hearing At The Next Regular Meeting Of The Assembly. ADVANCED Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-030) To Public Hearing At The Next Regular Meeting Of The Assembly. Vol. FY2018, No. 3 August 03, 2017 Kodiak Island Borough Assembly Newsletter View our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough