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2017-09-21 Regular Meeting Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 21, 2017, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 5 - 15 A. *Regular Meeting Minutes Of August 17, 2017 and Special Meeting Minutes of August 31, 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 16 - 20 A. Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority; Page 1 of 187 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses Output Document (AS - 0671) - Pdf 21 - 53 B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single- Family District). Ordinance No. FY2018-02 and Backup - Pdf 10. BOROUGH MANAGER’S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts B. Resolutions C. Ordinances for Introduction 54 - 93 A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z Case 17-028). Ordinance No. FY2018-08 Future Land Use Map Amendment Ordinance No. FY2018-08 Future Land Use Map Amndt (P&Z Case 17-028). Packet - Pdf Crow Comments re case 17-028 & 29 94 - 130 B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single-Family Residential District to B- Business District (P&Z Case No. 17-029). Ordinance FY2018-09 P&Z Case 17-029 Ordinance No. FY2018-09 (P&Z Case No. 17-029) Packet - Pdf Crow Comments re case 17-028 & 29 D. Other Items Page 2 of 187 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough 131 - 137 A. Appointment to the Providence Kodiak Island Medical Center Community Advisory Board (Major David Davis and Ms. Mary Jane Pediangco). Output Document (AS - 0678) - Pdf 138 - 140 B. Approval of the October 3, 2017 Regular Municipal Election Workers 2017 Election Workers List - Assembly List UPDATED Output Document (AS - 0661) - Pdf 141 - 146 C. Appointment to the Solid Waste Advisory Board Business Representative Seat (Mr. Levi Fehrs). Output Document (AS - 0681) - Pdf 147 - 152 D. Assembly Approval Of A Letter Addressed To The Board Of Fisheries Regarding Massive Changes To Kodiak Salmon Fishery Management Proposed In Agenda Change Request #11. KFWG Letter Supporting Salmon Stakeholders FINAL VERSION Output Document (AS - 0685) - Pdf 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 153 - 169 A. Kodiak Fisheries Development Association Regular Meeting Minutes of September 14, 2016,Parks And Recreation Committee Regular Meeting Minutes Of May 23, 2017, June 27, 2017, July 19, 2017 And July 25, 2017 ; And Solid Waste Advisory Board Regular Meeting Minutes Of June 26, 2017. Minutes B. Reports 170 - 177 A. August 2017 Projects Reports, Change Order Report, Page 3 of 187 Meeting broadcast live over radio station KMXT 100.1 FM. Citizens’ Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.kodiakak.us www.facebook.com/Kodiakislandborough @KodiakBorough Budget Report, and Bond Projects Report. August 2017 Projects Reports C. Supplementals 178 - 187 A. supplementals Page 4 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes Page 1 of 10 KODIAK ISLAND BOROUGH Assembly Regular Meeting August 17, 2017 A regular meeting of the Kodiak Island Borough Assembly was held on August 17, 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 of the Salvation Army. Mayor Friend led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Dennis Symmons, Dave Townsend, and Matthew Van Daele. Also present were Borough Manager Michael Powers, Borough Clerk Nova Javier, and Deputy Clerk Laurie Pardoe. VAN DAELE moved to excuse Assembly member Smiley who was absent to attend an Alaska Municipal League board meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA LEDOUX moved to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. CITIZENS’ COMMENTS Representative Louise Stutes called in and advised the Assembly regarding the upcoming visit of five legislators to Kodiak. She appreciated the Assembly’s offer to subsidize a reception for them and announced that a public forum was scheduled on Thursday, August 24 from 6-8 p.m. at the Convention Center. Patrick Saltonstall from the Alutiiq museum gave a brief overview regarding the artifacts that are subject to donation to the museum. He encouraged the Assembly to approve the request and made himself available to answer questions. Scott Grifin spoke regarding the seniors and veterans property tax exemptions. Chris Ford commented regarding Ordinance No. FY2018-03 suggesting additional wording to identify the different zoning districts in the definitions under Chapter 17.25.020. She also opposed taking away the senior and disabled vets property tax exemptions. AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 5 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes Pat Holmes concurred with the comments regarding the senior citizens property tax exemption. He asked that the seniors be notified whenever this issue comes up before the Assembly. Ray Stobinski opposed the removal of the senior tax exemption. Judi Kidder said that the removal of the senior property tax exemption would cause hardship for families. She urged the Assembly to remove the height and weight restriction of animals from Ordinance No. FY2018-03. Mike Dolph commented regarding taxes and urged the Assembly to be careful since other communities went bankrupt due to over taxation. AWARDS AND PRESENTATIONS None. COMMITTEE REPORTS None. PUBLIC HEARING 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. 17-025). LEDOUX moved to adopt Ordinance No. FY2018-05 in first reading to advance to public hearing at the next regular meeting of the Assembly. 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 consistent with 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 consistent with 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 AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 6 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes 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 separately from the more recently expanded lodge related activities. The Commission then voted unanimously to recommend that the Assembly approve the 2008 Comprehensive Plan amendment for 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 establishment of new lodges in that community. Accordingly, the ordinance before the Assembly only applies to Lot 1A. Mayor Rohrer opened the public hearing. The following commented under public hearing: Bill Nelson from the City of Larsen Council, Jane Petrich, Mary Nelson, Edward Haskins, Richard Hansen, Brent Guard, Virginia Standton, and Hugh Kennen. Mayor Rohrer closed the public hearing and reconvened the meeting. VAN DAELE moved to postpone to the Assembly regular meeting of May 3, 2018. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FIVE TO ONE: Crow, LeDoux, Skinner, Symmons, and Van Daele (Ayes); Townsend (No). 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). LEDOUX moved to adopt Ordinance No. FY2018-06. 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. AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 7 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes On August 4th, 2017, the Clerk's Office mailed 90 public hearing notices. Mayor Rohrer opened the public hearing. The following spoke under public hearing: Jane Petrich and Bill Nelson. Mayor Rohrer closed the public hearing and reconvened the regular meeting. VAN DAELE moved to postpone to the Assembly regular meeting of May 3, 2018. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: LeDoux, Skinner, Symmons, Townsend, Van Daele, and Crow. 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). VAN DALE moved to adopt Ordinance No. FY2018-07. 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. On August 4th, 2017, the clerk's office mailed out 90 public hearing notices. Mayor Rohrer opened the public hearing. The following spoke under public hearing: Jane Petrich, Edward Haskins, Hugh Kennen, and Bill Nelson. Mayor Rohrer closed the public hearing and reconvened the regular meeting. VAN DAELE moved to postpone to the Assembly regular meeting of May 3, 2018. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Skinner, Symmons, Van Daele, Crow, and LeDoux (Ayes); Townsend (No). AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 8 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes BOROUGH MANAGER’S REPORT Manager Powers briefly reported on the following: • Staff members are looking for ways to make processes simplified such as issues in Title 17, policy manual for the assembly, citations and code enforcement, and personnel code. • MS Windows 10 training for staff members • Non-disclosure agreement with Providence is still in place and should be honored • New fire truck for the City of Port Lions, Bayside Fire is providing assistance for training • Discussion with School superintendent regarding crossing guard issues • 69 wood permits in Chinak were issues • MESSAGES FROM THE BOROUGH MAYOR Mayor Rohrer announced reminded the public that there is no meeting next week. He attended the unraveling ceremony for the new bear statue at the Wildlife refuge. UNFINISHED BUSINESS 1. 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. On May 18, 2017, Assembly member Kyle Crow made a motion to amend the ordinance by replacing lines 64-81 with the language provided in the attachment. The amendment was postponed to the August 17, 2017 meeting in order to receive feedback from the incoming Resource Management Officer. The Borough Lands Committee proposed to improve and streamline the borough land disposal process. In addition, they have 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. CROW moved to further amend the amendment as reflected below: AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 9 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes ROLL CALL VOTE ON MOTION TO AMEND THE AMENDMENT FAILED TWO TO FOUR: Symmons, and Crow (Ayes); Townsend, Van Daele, LeDoux, and Skinner (No). ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, and Symmons. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Symmons, and Townsend. NEW BUSINESS Contracts None. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2018-03 Amending Titles 6 (Animal Control) and 17 (Zoning) Broadening Animal Control Laws, Creating An Urban Agricultural Use And Establishing The Use As Permitted In The R1-Single-Family Residential, R2-Two-Family Residential, and R3-Multi-Family Residential Zoning Districts, And Establishing General Agricultural Activities As A Permitted Use In The RR-Rural Residential Zoning District. VAN DAELE moved to advance Ordinance No. FY2018-03 to advance to public hearing at the next regular meeting of the Assembly. Ordinance No. FY2017-17 was passed in October 2016, placing a moratorium on the enforcement of land use regulations prohibiting the keeping of chickens and other small animals useful to people. P&Z and staff were directed to review Titles 6 and 17 and provide proposed changes to the Assembly. Several P&Z work sessions (February, March, June, and July) and two public meetings (March and May) have been held to discuss urban agriculture in Kodiak. AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 10 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes After a public hearing in July, P&Z voted to forward Ordinance No. FY2018-03 to the Assembly for consideration and approval. Based on discussion at the Assembly's work session on August 10, 2017, staff has made minor modifications to the proposed ordinance in relation to “domesticated animals.” VAN DAELE moved to strike out “from breeds typically not to exceed 27 inches in height or 150 pounds in weight” on lines 148-149. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Symmons, Townsend, and Van Daele. VAN DAELE moved to amend by inserting “R1, R3, R3” after “people.” on line 145. ROLL CALL VOTE ON MOTION TO AMEND FAILED UNANIMOUSLY: LeDoux, Skinner, Symmons, Townsend, Van Daele, and Crow. ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Townsend, Van Daele, Crow, and LeDoux. 2. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family District). LEDOUX moved to advance Ordinance No. FY2018-02 to public hearing at the next regular meeting of the Assembly. The Borough has noted a growing public awareness of the 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. Current Title 17 KIBC (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings (R1-Single Family Residential, R2-Two-Family Residential, and R3-Multifamily Residential Districts). Staff research shows that 3,600 square foot lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots will reduce associated land costs and encourage construction of smaller housing types in that new district. Accordingly, the public necessity, convenience, and general welfare of the community will be better served by amending Title 17 KIBC (Zoning) to include a new zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough. Since October 7, 2015, the Planning and Zoning Commission has held 13 work sessions and 3 public hearings on the proposed amendment. Following a public hearing held during the May 17, 2017 regular meeting, the Planning and Zoning Commission voted unanimously to recommend that the Assembly approve the provided ordinance. AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 11 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Skinner, Symmons, Townsend, Van Daele, Crow, and LeDoux. Other Items 1. Approval Of Donation Of Borough Owned Alutiiq Artifacts To The Alutiiq Museum. SKINNER moved to approve the transfer of Borough owned Alutiiq artifacts to the Alutiiq Museum reflected in the attached letter in celebration of the Alutiiq Museum's 20th anniversary. The Alutiiq Museum requests that the Kodiak Island Borough donate a collection of artifacts and samples from Borough lands to the Alutiiq Museum. The collection is from the fourth and final season of excavations at the Kashevaroff site. The collection reflect the history of Kodiak's Alutiiq people and donating them would allow the Alutiiq community to fully control of the care of these ancestral objects. Historical note: In 2010 and 2015, the KIB donated a collection of artifacts excavated in 2009 at a prehistoric archaeological site located on Borough property on Woody Island. Meeting packet information and minutes were added as a part of this packet. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Symmons, Townsend, Van Daele, Crow, LeDoux, and Skinner. 2. Letter Of Support For The Kodiak Community Health Center's Federal Grant. VAN DAELE moved to approve the letter of support for the Kodiak Community Health Center's federal grant. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Townsend, Van Daele, Crow, LeDoux, Skinner, and Symmons. CITIZENS’ COMMENTS Judi Kidder thanked the Assembly for taking the weights and heights out of the ordinance and thanked the mayor for mentioning the poverty levels in Kodiak. She additionally noted that almost a third of the population of Kodiak is below the poverty level. Kate Ballinger expressed the need to notify the Seniors when the issue of Senior Tax Exemption is being discussed. Pat Holmes complemented staff for doing a great job. He noted that the currently Assembly is a productive Assembly. ASSEMBLY MEMBER COMMENTS Assembly member LeDoux urged the Assembly to write a letter to the Coast Guard asking what their future plans are about bringing more people in to Kodiak. He also requested a presented AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 12 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes from the Kodiak Rocket Launch facility. He reminded everyone to be mindful when driving since it is almost the beginning of school year. Assembly member Crow heard lots of comments from seniors and vets. He explained his reasoning why he brought forward the Senior Tax Exemption resolution. Assembly member Symmons thanked those who participated in the meeting. Assembly member Townsend explained his vote regarding the Larsen Bay rezones. He also commented about the importance of taking responsibility for animals such as keeping chickens in a pen. Assembly member Skinner at recent work session started to receive info on administrative variances and is looking forward to continuing the presentation and having a discussion related to land use. Assembly member Van Daele was glad to see the number of candidates running for Assembly. Announcements Mayor Rohrer announced that the Assembly would hold a work session on Thursday, August 31, 2017 at 6:30 p.m. in the School District Conference Room and the next regular meeting was scheduled on Thursday, September 07, 2017 at 6:30 p.m. in the Borough Assembly Chambers. Mayor Rohrer reminded that the upcoming Municipal Election is scheduled on Tuesday, October 3, 2017 and announced the need to register to vote. EXECUTIVE SESSION 1. Real Property Negotiations And Strategies Regarding The Long Term Care Facility. Manager Powers stated that this session was no longer necessary. 2. Real Property Negotiations and Strategies Regarding The Providence Counseling Center Offices. SKINNER moved to convene into executive session to discuss real property negotiations and strategies regarding the Providence Counseling Center offices, the immediate public knowledge of which would adversely impact the Borough’s finances. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Van Daele, Crow, LeDoux, Skinner, Symmons, and Townsend. AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 13 of 187 Kodiak Island Borough August 17, 2017 Assembly Regular Meeting Minutes SKINNER moved to invite the Mayor, Assembly, Manager, and Borough Clerk into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Mayor Rohrer recessed the meeting at 9:41 p.m. and reconvened the regular meeting at 10:07 p.m. He announced that direction was given to the Manager on how to proceed. ADJOURNMENT TOWNSEND moved to adjourn the meeting at 10:08 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 14 of 187 Kodiak Island Borough August 31, 2017 Assembly Special Meeting Minutes Page 1 of 1 KODIAK ISLAND BOROUGH Assembly Special Meeting August 31, 2017 A special meeting of the Kodiak Island Borough Assembly was held on August 31, 2017, in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:05 p.m. Present were Mayor Dan Rohrer, Assembly members Kyle Crow, Larry LeDoux, Rebecca Skinner, Scott Smiley, Dennis Symmons, Dave Townsend, and Matt Van Daele. Also present were Borough Manager Michael Powers, and Borough Clerk Nova Javier. CITIZENS COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. EXECUTIVE SESSION - To Discuss And Receive Legal Advice Regarding An Offer To Settle A Claim Currently Pending Before The State of Alaska Department of Labor Occupational Safety And Health Division. SKINNER moved to convene into executive session to discuss and receive legal advice regarding an offer to settle a claim currently pending before the State of Alaska Department of Labor Occupational Safety and Health Division. This subject matter qualifies for executive session as a matter of privileged attorney client communication and the immediate public matter of which would adversely impact the borough’s finances. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Crow, LeDoux, Skinner, Smiley, Symmons, Townsend and Van Daele. SKINNER moved to invite the Borough Mayor, Assembly members, Manager, Borough Attorney Shane Levesque, and Clerk into executive session. VOICE VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Mayor Rohrer recessed the meeting at 9:48 p.m. Mayor Rohrer reconvened the special meeting was reconvened at 10:28 p.m. and announced that instruction was given to the borough attorney on how to proceed. ADJOURNMENT The meeting adjourned at 7:05 p.m. KODIAK ISLAND BOROUGH ATTEST: Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: September 7, 2017 AGENDA ITEM #5.A. *Regular Meeting Minutes Of August 17, 2017 and Special Meet...Page 15 of 187 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority; And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses ORIGINATOR: Dora Cross RECOMMENDATION: Move to adopt Ordinance No. FY2018-04B. DISCUSSION: Upon further review of the ordinance, the following changes are being recommend: 1) add section 3.80.010C Authority which was inadvertently left out of the original ordinance. 2) create a new chapter, 5.03 Tobacco Licenses in Title 5: Business Licenses & Regulations 3) move the sections regarding licensing, section 3.80.50 and 3.80.060, from Title 3 Revenue and Finance to Title 5, Chapter 5.03 Tobacco Licenses 4) create a copy of section 3.070 Refund of Tax or License Fee and include it under Chapter 5.03 Tobacco Licenses as section 5.03.030. ALTERNATIVES: 1. Take no action 2. Amend ordinance further FISCAL IMPACT: none OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And F...Page 16 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-04B Deletion – Red, Strikeout Page 1 of 4 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Borough Manager 1 Drafted by: Assessing and Finance Director 2 Introduced on: 09/07/2017 3 Public Hearing Date: 09/21/2017 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2018-04B 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMEND ING 10 TITLE 3 REVENUE AND FINANCE CHAPTER 3.80 EXCISE TAX ON CIGARETTES AND 11 OTHER TOBACCO PRODUCTS BY MOVING LICENSING SECTIONS IN TITLE 5 BUSINESS 12 LICENSES AND TO ALLOW ADDITIONAL LANGUAGE CLEAN UP IN THE ORDINANCE 13 14 WHEREAS, on September 3, 2017, the Kodiak Island Borough Assembly adopted Ordinance 15 No. FY2018-04 which established Chapter 3.80 Excise Tax on Cigarettes and Other Tobacco 16 Products; and 17 18 WHEREAS, Section 3.80.010C Authority was inadvertently left out from the ordinance is here 19 by incorporated through this amendment; and 20 21 WHEREAS, upon further review of the ordinance, it is more appropriate to move the licensure 22 sections under Title 5. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 27 Section 1: Classification. This ordinance is of a general and permanent nature and shall 28 become a part of the Kodiak Island Borough Code of Ordinances. 29 30 Section 2: Enactment. Title 3 of the Kodiak Island Borough Code of Ordinances is amended by 31 moving sections 3.80.050 to 3.80.060 under Title 5 and thereby creating Chapter 5.03 Tobacco 32 Licenses; and upon adoption, the subsequent sections will be renumbered accordingly: 33 34 Chapter 3.80 35 EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTS 36 37 Sections: 38 39 3.80.010 Applicability, purpose and authority 40 3.80.020 Definitions 41 3.80.030 Excise tax on cigarettes and other tobacco products. 42 3.80.040 Exemptions. 43 3.80.050 License required for dealers in cigarettes or tobacco products; issuance. 44 3.80.060 Display of license; suspension or revocation by borough; surrender. 45 3.80.070 Refund of tax or license fee 46 AGENDA ITEM #9.A. Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And F...Page 17 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion – Red, Strikeout Page 2 of 4 Insertion – Bold, Blue, Underlined 47 3.80.010 Applicability, purpose and intent. 48 A. Applicability. Unless otherwise expressly provided, this chapter shall apply areawide to all 49 cigarettes and tobacco products brought into or acquired in the borough, including smokeless 50 tobacco products and electronic cigarettes. 51 52 B. Purpose and intent. It is the purpose and intent of this chapter to provide for the levy, 53 collection and enforcement of the excise tax from the distributor who brings cigarettes or other 54 tobacco products into the Borough. The excise tax is levied when a distributor brings, or causes 55 to be brought, cigarettes or other tobacco products into the Borough from outside the Borough 56 for sale. 57 58 C. Authority. This chapter and the regulations related to tobacco herein are adopted 59 pursuant to the authority granted by AS 29.35.10. 60 61 3.80.070 Refund of tax or license fee. 62 A. The department shall not refund the license fee taxes paid pursuant to this chapter upon the 63 surrender or revocation of a license after the beginning of the license year. Upon application, 64 the department will refund a license fee tax that is paid or collected in error. 65 66 B. If a remittance by a licensee exceeds the amount due, and the department, on audit of the 67 account in question, is satisfied that this is the case, the department shall, upon written request 68 of the licensee, refund the excess to the licensee without interest. 69 70 C. Any claim for refund filed more than one year after the due date of the tax is forever barred. 71 72 Section 3: Enactment. Title 5 Business and Licenses and Regulations is hereby amended by 73 creation of Chapter 5.03 Tobacco Licenses as reflected below: 74 75 5.03.010 License required for dealers in cigarettes or tobacco products; issuance 76 Borough license for tobacco businesses – issuance, denial, renewal, and transfer. 77 A. License required. No person may sell, purchase, possess or acquire cigarettes or 78 tobacco products in the borough as a manufacturer, distributor, direct-buying retailer, 79 vending machine operator or buyer without a license issued under this chapter. 80 81 B. Issuance of license. The department, upon application and payment of the fee, shall 82 issue a license to each manufacturer, distributor, direct-buying retailer, vending machine 83 operator or buyer. A copy of the applicant’s current State of Alaska business license is 84 required and must accompany the application. The application must include the 85 following information: 86 87 1. The applicant’s name and address; 88 89 2. The name under which the cigarette or tobacco products business will be conducted; 90 91 3. The applicant’s cigarette or tobacco products business categories as a manufacturer, 92 distributor, direct-buying retailer, vending machine operator or buyer; 93 94 4. In the case of a vending machine operator, the number of vending machines which 95 will be operated; and 96 AGENDA ITEM #9.A. Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And F...Page 18 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion – Red, Strikeout Page 3 of 4 Insertion – Bold, Blue, Underlined 97 5. Other information required by the department’s application form. 98 99 C. Denial of license. The department may refuse to issue a license if there is reasonable 100 cause to believe that the applicant has willfully withheld information that the borough 101 has requested to determine the applicant’s eligibility to receive a license, or if there is 102 reasonable cause to believe that information submitted in the application is false or 103 misleading, and has not been made in good faith. 104 105 D. Other licensing requirements. A license required by this chapter is in addition to any 106 other license required by law. 107 108 E. Contents of license. A license issued under this chapter shall include: 109 110 1. The name and address of the licensee; 111 112 2. The type of business to be conducted; 113 114 3. The address at which the business is conducted; and 115 116 4. The years for which the license is issued. 117 118 F. Application fee. Each application for a license under this section must be 119 accompanied by a license fee in the amount of $100.00. 120 121 G. Expiration and renewal of license. A license issued under this chapter expires on 122 December 31st of each respective year. A licensee, on application to the department 123 accompanied by the renewal fee, may, before the expiration of the license, renew the 124 license for two years from the expiration date of the license. If the licensee moves the 125 business to another location within the borough, the licensee shall, upon application to 126 the department, be reissued a license for the new location for the balance of the 127 unexpired term. A person whose license is lost, stolen or defaced shall immediately file 128 an application with the department for reissuance of the license for the balance of the 129 unexpired term. 130 131 H. Transfer of license. A license issued under this chapter is not assignable or 132 transferable. However, in the case of death, bankruptcy, receivership on incompetency of 133 the licensee, or if the business of the licensee is transferred to another person by 134 operation of law, the department may in its discretion extend the license for a limited 135 time to the executor, administrator, trustee or receiver, or the transferee of the licensee 136 137 5.03.020 Display of license; suspension or revocation by borough; surrender. 138 A. A license issued under this chapter must be prominently displayed at the licensee’s 139 place of business. 140 141 B. The department may suspend or revoke a license issued under this chapter: 142 143 1. For violation of this chapter or a regulation of the borough adopted pursuant to this 144 chapter; or 145 146 2. If a licensee ceases to act in the capacity for which the license was issued. 147 148 C. A licensee shall surrender a license to the borough within ten days after: 149 AGENDA ITEM #9.A. Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And F...Page 19 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-04 Deletion – Red, Strikeout Page 4 of 4 Insertion – Bold, Blue, Underlined 150 1. A revocation of a license; 151 152 2. A cessation of business; 153 154 3. A change of ownership of; or 155 156 4. A change of a place of business. 157 158 D. No person whose license is suspended or revoked shall sell cigarettes or tobacco 159 products or permit cigarettes or tobacco products to be sold during the period of the 160 suspension or revocation on the premises occupied or controlled by that person. No 161 disciplinary proceeding or action is barred or abated by the expiration, transfer, 162 surrender, renewal or extension of a license issued under this chapter. 163 164 5.03.030 Refund of license fee. 165 A. The department shall not refund the license fee paid pursuant to this chapter upon 166 the surrender or revocation of a license after the beginning of the license year. Upon 167 application, the department will refund a license fee that is paid or collected in error. 168 169 B. If a remittance by a licensee exceeds the amount due, and the department, on audit of 170 the account in question, is satisfied that this is the case, the department shall, upon 171 written request of the licensee, refund the excess to the licensee without interest. 172 173 C. Any claim for refund filed more than one year after the due date of the tax is forever 174 barred. 175 176 Section 4: Effective Date. This ordinance shall take effect October 1, 2017. 177 178 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 179 THIS __________ DAY OF _________________, 2017. 180 181 KODIAK ISLAND BOROUGH ATTEST: 182 183 184 ___________________________ ___________________________ 185 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 186 187 VOTES: 188 Ayes: 189 Noes: 190 AGENDA ITEM #9.A. Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And F...Page 20 of 187 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family District). ORIGINATOR: Jack Maker RECOMMENDATION: The motion is on the floor which is "to adopt Ordinance No. FY2018-02." DISCUSSION: This ordinance was postponed to September 21 from the September 7 meeting. The Assembly also decided to hold another public hearing on this ordinance. The Borough has noted a growing public awareness of the 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. Current Title 17 KIBC (Zoning) requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings (R1-Single Family Residential, R2-Two-Family Residential, and R3-Multifamily Residential Districts). Staff research shows that 3,600 square foot lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots will reduce associated land costs and encourage construction of smaller housing types in that new district. Accordingly, the public necessity, convenience, and general welfare of the community will be better served by amending Title 17 KIBC (Zoning) to include a new zoning district that specifies the regulatory requirements for development of single-family dwellings on smaller lots in the Borough. Since October 7, 2015, the Planning and Zoning Commission has held 13 work sessions and 3 public hearings on the proposed amendment. Following a public hearing held during the May 17, 2017 regular meeting, the Planning and Zoning Commission voted unanimously to recommend that the Assembly approve the provided ordinance. ALTERNATIVES: FISCAL IMPACT: None OTHER INFORMATION: AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 21 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 1 of 5 Insertion – Bold, Blue, Underlined Version 1 Introduced by: KIB Assembly 1 Drafted by: CDD 2 Introduced on: 08/17/2017 3 Public Hearing Date: 09/07/2017 4 Postponed: 09/21/2017 5 2nd Public Hearing Date: 09/21/2017 6 Adopted on: 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2018-02 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 12 TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL 13 LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL 14 ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE 15 BOROUGH (P&Z CASE NO. 17-014) 16 17 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 18 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 19 Statutes (AS); and 20 21 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 22 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 23 1968 Comprehensive Plan; and 24 25 WHEREAS, the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island 26 Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough 27 Comprehensive Plan; and 28 29 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 30 general welfare or good zoning practice requires, the assembly may, by ordinance and after 31 report thereon by the commission and public hearing as required by law, amend, supplement, 32 modify, repeal or otherwise change these regulations and the boundaries of the districts;” and 33 34 WHEREAS, there is a growing public awareness of the need for additional housing options in 35 Kodiak; and 36 37 WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may 38 be one part of a regulatory solution to address this multi-faceted issue; and 39 40 WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 41 urban residential zoning districts that allow development of single-family dwellings; and 42 43 WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such 44 development while providing sufficient yard setbacks and off-street parking; and 45 46 WHEREAS, creating a new urban residential zoning district that allows the development of 47 single-family dwellings on smaller lots should reduce the associated land costs and encourage 48 the construction of smaller housing types in that new district; and 49 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 22 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 2 of 5 Insertion – Bold, Blue, Underlined Version 1 50 WHEREAS, the public necessity, convenience, and general welfare of the community may be 51 better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-52 Residential Small Lot Single-Family District) to create a new zoning district that specifies the 53 regulatory requirements for development of single-family dwellings on smaller lots in the 54 Borough; and 55 56 WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed 57 chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, 58 January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and 59 December 7, 2016; and 60 61 WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion 62 at each work session; and 63 64 WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, 65 February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 66 15, 2017, and May 17, 2017; and 67 68 WHEREAS, the Planning and Zoning Commission, following the May 17 , 2017 public hearing, 69 voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 70 17.77 KIBC (RSL-Residential Small Lot Single-Family District) to the Borough Assembly; and 71 72 WHEREAS, the Assembly held work sessions on August 10, 2017, August 31, 2017, and 73 September 14, 2017; and 74 75 WHEREAS, the Assembly held a public hearing on September 21, 2017; and 76 77 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 78 BOROUGH THAT: 79 80 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 81 Kodiak Island Borough Code of Ordinances; and 82 83 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 84 support of their approval of the amendment: 85 86 1. There is a growing need for additional housing options in Kodiak. Allowing development 87 of single-family dwellings on smaller lots in the Borough may be one part of a regulatory 88 solution to address this multi-faceted issue. 89 90 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 91 urban residential zoning districts that allow development of single-family dwellings. Lots 92 smaller than 7,200 square feet are capable of accommodating such development while 93 providing sufficient yard setbacks and off-street parking. 94 95 3. Creating a new urban residential zoning district that allows the development of single-96 family dwellings on smaller lots should reduce the associated land costs and encourage 97 the construction of smaller housing types in that new district. 98 99 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 23 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 3 of 5 Insertion – Bold, Blue, Underlined Version 1 4. The amendment will create a new urban residential zoning district that specifies the 100 regulatory requirements for development of single-family dwellings on smaller lots in the 101 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 102 implementation actions related to land use and housing. 103 104 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC 105 (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family 106 District). 107 108 Effective Date: This ordinance takes effect upon adoption. 109 110 Chapter 17.77 111 RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT 112 Sections: 113 17.77.010 Description and intent. 114 17.77.020 Permitted uses. 115 17.77.030 Conditional uses. 116 17.77.040 Minimum size of the RSL district. 117 17.77.050 Prohibited lot designs. 118 17.77.060 Area requirements. 119 17.77.070 Yards. 120 17.77.080 Building height limit. 121 17.77.090 Public service requirement. 122 123 17.77.010 Description and intent. 124 The RSL residential small lot single-family zoning district is established as a land use 125 district for single-family residential dwellings on smaller lots, where public water and 126 sewer services are available. For the residential small lot single-family zoning district, in 127 promoting the general purposes of this title, the specific intentions of this chapter are: 128 A. To reduce land costs associated with single-family residential development; 129 B. To encourage the construction of smaller housing types; 130 C. To prohibit commercial, industrial, and any other use of the land which would interfere 131 with the development or continuation of single-family dwellings in the district; and 132 D. To require a minimum land area to establish the RSL district to reduce the impacts of 133 potential subdivision of existing lots within neighborhoods. 134 135 17.77.020 Permitted uses. 136 The following land uses and activities are permitted in the residential small lot single-137 family district: 138 A. Single-family dwellings; 139 B. One accessory building; 140 C. Home occupations; and 141 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 24 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 4 of 5 Insertion – Bold, Blue, Underlined Version 1 D. Hoop houses. 142 143 17.77.030 Conditional uses. 144 Reserved. 145 146 17.77.040 Minimum size of the RSL district. 147 A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 148 10 or more lots that meet RSL district lot area, width, and design requirements is 149 required to establish this zoning district. 150 B. One or more parcels that meet the contiguous land area requirement may be rezoned 151 to this district, subject to the following: 152 1. An approved rezone shall not become effective until approval and recording of a 153 plat that subdivides the subject land into 10 or more lots that meet the requirements 154 of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 155 2. The rezone shall become null and void if a plat depicting the subdivision is not 156 approved and recorded within 36 months from the date of rezone approval. 157 158 17.77.050 Prohibited lot designs. 159 The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 160 161 17.77.060 Area requirements. 162 A. Lot Area. 163 1. The minimum lot area required is 3,600 square feet. 164 2. The maximum lot area allowed is 6,000 square feet. 165 3. Water bodies, private roads, and public access easements are excluded from lot 166 area calculations. 167 B. Lot Width. 168 1. The minimum lot width for an interior lot is 30 feet. 169 2. The minimum lot width for a corner lot is 35 feet. 170 171 17.77.070 Yards. 172 A. Front Yard. The minimum front yard shall be 25 feet. 173 B. Side Yard. The minimum side yard required is five feet. The minimum side yard 174 required on the street side of a corner lot is 10 feet. 175 C. Rear Yard. The minimum rear yard required is 10 feet. 176 177 17.77.080 Building height limit. 178 The maximum building height allowed is 35 feet. 179 180 17.77.090 Public service requirement. 181 Water and sanitary sewer service from a certificated public utility or municipal system 182 are required for lots in this land use district. 183 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 25 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-02 Deletion – Red, Strikeout Page 5 of 5 Insertion – Bold, Blue, Underlined Version 1 184 185 186 187 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 188 THIS __________ DAY OF _______________, 2017. 189 190 KODIAK ISLAND BOROUGH ATTEST: 191 192 193 ___________________________ ___________________________ 194 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 195 196 VOTES: 197 Ayes: 198 Noes: 199 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 26 of 187 RSL-Residential Small Lot Single-Family District RSL District Conceptual DrawingsCase No. 17-014Applicant: Kodiak Island Borough Request: An ordinance amending Title 17 KIBC (Zoning) byadding Chapter 17.77 KIBC (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 µ PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 27 of 187 RSL-Residential Small Lot Single-Family District RSL District Conceptual DrawingsCase No. 17-014Applicant: Kodiak Island Borough Request: An ordinance amending Title 17 KIBC (Zoning) byadding Chapter 17.77 KIBC (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 µ PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 28 of 187 RSL-Residential Small Lot Single-Family District RSL District Conceptual DrawingsCase No. 17-014Applicant: Kodiak Island Borough Request: An ordinance amending Title 17 KIBC (Zoning) byadding Chapter 17.77 KIBC (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 µ PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 29 of 187 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-014. An 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 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. DATE: May 11, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 17, 2017 Regular Meeting APPLICANT: Kodiak Island Borough LOCATION: Borough-wide ZONING: 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. STAFF COMMENTS At the May 10, 2017 work session the Commission completed their review of this ordinance. The attached version (Version 2) incorporates all recommended changes to date. CURRENT MOTION BEFORE THE COMMISSION 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 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 Fact” for Case No. 17- 014. RECOMMENDATION TO AMEND BY SUBSTITUTION Staff recommends that the Commission amend by substitution with Version 2. AMEND BY SUBSTITUTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to amend by substitution with Version 2. Staff recommends this motion be approved. Should this motion be approved, the following amended main motion will be on the floor: PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 30 of 187 Recommend that the Assembly of the Kodiak Island Borough approve the ordinance, as amended by substitution, 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 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 Fact” for Case No. 17- 014. Staff recommends the main motion, as amended, be approved. FINDINGS OF FACT (KIBC 17.205.020) 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 feet 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 single- family dwellings on smaller lots should 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). PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 31 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 1 of 5 Insertion – Bold, Blue, Underlined Version 2 Introduced by: P&Z Commission 1 Drafted by: CDD 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2017-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL 11 LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL 12 ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE 13 BOROUGH (P&Z CASE NO. 17-014) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes (AS); and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island 24 Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough 25 Comprehensive Plan; and 26 27 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 28 general welfare or good zoning practice requires, the assembly may, by ordinance and after 29 report thereon by the commission and public hearing as required by law, amend, supplement, 30 modify, repeal or otherwise change these regulations and the boundaries of the districts;” and 31 32 WHEREAS, there is a growing public awareness of the need for additional housing options in 33 Kodiak; and 34 35 WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may 36 be one part of a regulatory solution to address this multi-faceted issue; and 37 38 WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 39 urban residential zoning districts that allow development of single-family dwellings; and 40 41 WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such 42 development while providing sufficient yard setbacks and off-street parking; and 43 44 WHEREAS, creating a new urban residential zoning district that allows the development of 45 single-family dwellings on smaller lots should reduce the associated land costs and encourage 46 the construction of smaller housing types in that new district; and 47 48 Version 2 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 32 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 2 of 5 Insertion – Bold, Blue, Underlined Version 2 WHEREAS, the public necessity, convenience, and general welfare of the community may be 49 better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-50 Residential Small Lot Single-Family District) to create a new zoning district that specifies the 51 regulatory requirements for development of single-family dwellings on smaller lots in the 52 Borough; and 53 54 WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed 55 chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, 56 January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and 57 December 7, 2016; and 58 59 WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion 60 at each work session; and 61 62 WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, 63 February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 64 15, 2017, and May 17, 2017; and 65 66 WHEREAS, the Planning and Zoning Commission, following the May 17, 2017 public hearing, 67 voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 68 17.77 KIBC (RSL-Residential Small Lot Single-Family District) to the Borough Assembly; and 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH THAT: 72 73 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 74 Kodiak Island Borough Code of Ordinances; and 75 76 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 77 support of their approval of the amendment: 78 79 1. There is a growing need for additional housing options in Kodiak. Allowing development 80 of single-family dwellings on smaller lots in the Borough may be one part of a regulatory 81 solution to address this multi-faceted issue. 82 83 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 84 urban residential zoning districts that allow development of single-family dwellings. Lots 85 smaller than 7,200 square feet are capable of accommodating such development while 86 providing sufficient yard setbacks and off-street parking. 87 88 3. Creating a new urban residential zoning district that allows the development of single-89 family dwellings on smaller lots should reduce the associated land costs and encourage 90 the construction of smaller housing types in that new district. 91 92 4. The amendment will create a new urban residential zoning district that specifies the 93 regulatory requirements for development of single-family dwellings on smaller lots in the 94 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 95 implementation actions related to land use and housing. 96 97 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 33 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 3 of 5 Insertion – Bold, Blue, Underlined Version 2 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC 98 (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family 99 District). 100 101 Effective Date: This ordinance takes effect upon adoption. 102 103 Chapter 17.77 104 RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT 105 Sections: 106 17.77.010 Description and intent. 107 17.77.020 Permitted uses. 108 17.77.030 Conditional uses. 109 17.77.040 Minimum size of the RSL district. 110 17.77.050 Prohibited lot designs. 111 17.77.060 Area requirements. 112 17.77.070 Yards. 113 17.77.080 Building height limit. 114 17.77.090 Public service requirement. 115 116 17.77.010 Description and intent. 117 The RSL residential small lot single-family zoning district is established as a land use 118 district for single-family residential dwellings on smaller lots, where public water and 119 sewer services are available. For the residential small lot single-family zoning district, in 120 promoting the general purposes of this title, the specific intentions of this chapter are: 121 A. To reduce land costs associated with single-family residential development; 122 B. To encourage the construction of smaller housing types; 123 C. To prohibit commercial, industrial, and any other use of the land which would interfere 124 with the development or continuation of single-family dwellings in the district; and 125 D. To require a minimum land area to establish the RSL district to reduce the impacts of 126 potential subdivision of existing lots within neighborhoods. 127 128 17.77.020 Permitted uses. 129 The following land uses and activities are permitted in the residential small lot single-130 family district: 131 A. Single-family dwellings; 132 B. One accessory building; 133 C. Home occupations; and 134 D. Hoop houses. 135 136 17.77.030 Conditional uses. 137 Reserved. 138 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 34 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 4 of 5 Insertion – Bold, Blue, Underlined Version 2 139 17.77.040 Minimum size of the RSL district. 140 A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 141 10 or more lots that meet RSL district lot area, width, and design requirements is 142 required to establish this zoning district. 143 B. One or more parcels that meet the contiguous land area requirement may be rezoned 144 to this district, subject to the following: 145 1. An approved rezone shall not become effective until approval and recording of a 146 plat that subdivides the subject land into 10 or more lots that meet the requirements 147 of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 148 2. The rezone shall become null and void if a plat depicting the subdivision is not 149 approved and recorded within 36 months from the date of rezone approval. 150 151 17.77.050 Prohibited lot designs. 152 The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 153 154 17.77.060 Area requirements. 155 A. Lot Area. 156 1. The minimum lot area required is 3,600 square feet. 157 2. The maximum lot area allowed is 6,000 square feet. 158 3. Water bodies, private roads, and public access easements are excluded from lot 159 area calculations. 160 B. Lot Width. 161 1. The minimum lot width for an interior lot is 30 feet. 162 2. The minimum lot width for a corner lot is 35 feet. 163 164 17.77.070 Yards. 165 A. Front Yard. The minimum front yard shall be 25 feet. 166 B. Side Yard. The minimum side yard required is five feet. The minimum side yard 167 required on the street side of a corner lot is 10 feet. 168 C. Rear Yard. The minimum rear yard required is 10 feet. 169 170 17.77.080 Building height limit. 171 The maximum building height allowed is 35 feet. 172 173 17.77.090 Public service requirement. 174 Water and sanitary sewer service from a certificated public utility or municipal system 175 are required for lots in this land use district. 176 177 178 179 180 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 35 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 5 of 5 Insertion – Bold, Blue, Underlined Version 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 181 THIS __________ DAY OF _______________, 2017. 182 183 KODIAK ISLAND BOROUGH ATTEST: 184 185 186 ___________________________ ___________________________ 187 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 188 189 VOTES: 190 Ayes: 191 Noes: 192 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 36 of 187 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-014. An 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 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. DATE: May 11, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 17, 2017 Regular Meeting APPLICANT: Kodiak Island Borough LOCATION: Borough-wide ZONING: 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. STAFF COMMENTS At the May 10, 2017 work session the Commission completed their review of this ordinance. The attached version incorporates all recommended changes to date. CURRENT MOTION BEFORE THE COMMISSION 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 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 Fact” for Case No. 17- 014. RECOMMENDATION TO AMEND BY SUBSTITUTION Staff recommends that the attached ordinance be substituted for Version 2. AMEND BY SUBSTITUTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to amend by substitution with Version 2. Staff recommends this motion be approved. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 37 of 187 Should this motion be approved, the following amended main motion will be on the floor: Recommend that the Assembly of the Kodiak Island Borough approve the ordinance, as amended by substitution, 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 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 Fact” for Case No. 17- 014. Staff recommends the main motion, as amended, be approved. FINDINGS OF FACT (KIBC 17.205.020) 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 feet 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 single- family dwellings on smaller lots should 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). PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 38 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 1 of 5 Insertion – Bold, Blue, Underlined Version 2 Introduced by: P&Z Commission 1 Drafted by: CDD 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2017-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL 11 LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL 12 ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE 13 BOROUGH (P&Z CASE NO. 17-014) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes (AS); and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island 24 Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough 25 Comprehensive Plan; and 26 27 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 28 general welfare or good zoning practice requires, the assembly may, by ordinance and after 29 report thereon by the commission and public hearing as required by law, amend, supplement, 30 modify, repeal or otherwise change these regulations and the boundaries of the districts;” and 31 32 WHEREAS, there is a growing public awareness of the need for additional housing options in 33 Kodiak; and 34 35 WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may 36 be one part of a regulatory solution to address this multi-faceted issue; and 37 38 WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 39 urban residential zoning districts that allow development of single-family dwellings; and 40 41 WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such 42 development while providing sufficient yard setbacks and off-street parking; and 43 44 WHEREAS, creating a new urban residential zoning district that allows the development of 45 single-family dwellings on smaller lots should reduce the associated land costs and encourage 46 the construction of smaller housing types in that new district; and 47 48 Version 2 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 39 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 2 of 5 Insertion – Bold, Blue, Underlined Version 2 WHEREAS, the public necessity, convenience, and general welfare of the community may be 49 better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-50 Residential Small Lot Single-Family District) to create a new zoning district that specifies the 51 regulatory requirements for development of single-family dwellings on smaller lots in the 52 Borough; and 53 54 WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed 55 chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, 56 January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, and 57 December 7, 2016; and 58 59 WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion 60 at each work session; and 61 62 WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, 63 February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 64 15, 2017, and May 17, 2017; and 65 66 WHEREAS, the Planning and Zoning Commission, following the May 17, 2017 public hearing, 67 voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 68 17.77 KIBC (RSL-Residential Small Lot Single-Family District) to the Borough Assembly; and 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH THAT: 72 73 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 74 Kodiak Island Borough Code of Ordinances; and 75 76 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 77 support of their approval of the amendment: 78 79 1. There is a growing need for additional housing options in Kodiak. Allowing development 80 of single-family dwellings on smaller lots in the Borough may be one part of a regulatory 81 solution to address this multi-faceted issue. 82 83 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 84 urban residential zoning districts that allow development of single-family dwellings. Lots 85 smaller than 7,200 square feet are capable of accommodating such development while 86 providing sufficient yard setbacks and off-street parking. 87 88 3. Creating a new urban residential zoning district that allows the development of single-89 family dwellings on smaller lots should reduce the associated land costs and encourage 90 the construction of smaller housing types in that new district. 91 92 4. The amendment will create a new urban residential zoning district that specifies the 93 regulatory requirements for development of single-family dwellings on smaller lots in the 94 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 95 implementation actions related to land use and housing. 96 97 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 40 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 3 of 5 Insertion – Bold, Blue, Underlined Version 2 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC 98 (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family 99 District). 100 101 Effective Date: This ordinance takes effect upon adoption. 102 103 Chapter 17.77 104 RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT 105 Sections: 106 17.77.010 Description and intent. 107 17.77.020 Permitted uses. 108 17.77.030 Conditional uses. 109 17.77.040 Minimum size of the RSL district. 110 17.77.050 Prohibited lot designs. 111 17.77.060 Area requirements. 112 17.77.070 Yards. 113 17.77.080 Building height limit. 114 17.77.090 Public service requirement. 115 116 17.77.010 Description and intent. 117 The RSL residential small lot single-family zoning district is established as a land use 118 district for single-family residential dwellings on smaller lots, where public water and 119 sewer services are available. For the residential small lot single-family zoning district, in 120 promoting the general purposes of this title, the specific intentions of this chapter are: 121 A. To reduce land costs associated with single-family residential development; 122 B. To encourage the construction of smaller housing types; 123 C. To prohibit commercial, industrial, and any other use of the land which would interfere 124 with the development or continuation of single-family dwellings in the district; and 125 D. To require a minimum land area to establish the RSL district to reduce the impacts of 126 potential subdivision of existing lots within neighborhoods. 127 128 17.77.020 Permitted uses. 129 The following land uses and activities are permitted in the residential small lot single-130 family district: 131 A. Single-family dwellings; 132 B. One accessory building; 133 C. Home occupations; and 134 D. Hoop houses. 135 136 17.77.030 Conditional uses. 137 Reserved. 138 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 41 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 4 of 5 Insertion – Bold, Blue, Underlined Version 2 139 17.77.040 Minimum size of the RSL district. 140 A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 141 10 or more lots that meet RSL district lot area, width, and design requirements is 142 required to establish this zoning district. 143 B. One or more parcels that meet the contiguous land area requirement may be rezoned 144 to this district, subject to the following: 145 1. An approved rezone shall not become effective until approval and recording of a 146 plat that subdivides the subject land into 10 or more lots that meet the requirements 147 of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 148 2. The rezone shall become null and void if a plat depicting the subdivision is not 149 approved and recorded within 36 months from the date of rezone approval. 150 151 17.77.050 Prohibited lot designs. 152 The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 153 154 17.77.060 Area requirements. 155 A. Lot Area. 156 1. The minimum lot area required is 3,600 square feet. 157 2. The maximum lot area allowed is 6,000 square feet. 158 3. Water bodies, private roads, and public access easements are excluded from lot 159 area calculations. 160 B. Lot Width. 161 1. The minimum lot width for an interior lot is 30 feet. 162 2. The minimum lot width for a corner lot is 35 feet. 163 164 17.77.070 Yards. 165 A. Front Yard. The minimum front yard shall be 25 feet. 166 B. Side Yard. The minimum side yard required is five feet. The minimum side yard 167 required on the street side of a corner lot is 10 feet. 168 C. Rear Yard. The minimum rear yard required is 10 feet. 169 170 17.77.080 Building height limit. 171 The maximum building height allowed is 35 feet. 172 173 17.77.090 Public service requirement. 174 Water and sanitary sewer service from a certificated public utility or municipal system 175 are required for lots in this land use district. 176 177 178 179 180 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 42 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 5 of 5 Insertion – Bold, Blue, Underlined Version 2 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 181 THIS __________ DAY OF _______________, 2017. 182 183 KODIAK ISLAND BOROUGH ATTEST: 184 185 186 ___________________________ ___________________________ 187 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 188 189 VOTES: 190 Ayes: 191 Noes: 192 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-104 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 43 of 187 SUPPLEMENTAL STAFF REPORT Case No. 17-014. An 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 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. DATE: May 1, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 10, 2017 Work Session, 2017 APPLICANT: Kodiak Island Borough LOCATION: Borough-wide ZONING: 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. STAFF COMMENTS At the January 18, 2017 regular meeting, the Commission postponed this request to the February 15, 2017 regular meeting. At that meeting, the request further postponed to the May 17 regular meeting. The postponements were intended to allow the Commission additional time to more thoroughly review recent recommended changes to the ordinance. Full agendas during the March and April work sessions did not accommodate further review of this request. Fortunately, the May 10, 2017 work session agenda is light and should allow for adequate time to review the recommended changes. A copy of the most recent ordinance with recommended changes follows this report. For information as to why those changes were recommended, please see the Supplemental Staff Report and Recommendation dated February 1, 2017. Should the Commission complete its review; staff will revise the ordinance accordingly and a Supplemental Staff Report and Recommendation will be provided for the May 17, 2017 regular meeting. PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 44 of 187 Introduced by: P&Z Commission 1 Drafted by: CDD 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2017-XX 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 10 TITLE 17 KIBC (ZONING) BY ADDING CHAPTER 17.77 KIBC (RSL-RESIDENTIAL SMALL 11 LOT SINGLE-FAMILY DISTRICT) TO CREATE A NEW ZONING DISTRICT THAT WILL 12 ALLOW DEVELOPMENT OF SINGLE-FAMILY DWELLINGS ON SMALLER LOTS IN THE 13 BOROUGH (P&Z CASE NO. 17-014) 14 15 WHEREAS, as a second class Borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes (AS); and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted Title 17 (Zoning) of the Kodiak Island 24 Borough Code (KIBC) in accordance with AS 29.40 to implement the Kodiak Island Borough 25 Comprehensive Plan; and 26 27 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 28 general welfare or good zoning practice requires, the assembly may, by ordinance and after 29 report thereon by the commission and public hearing as required by law, amend, supplement, 30 modify, repeal or otherwise change these regulations and the boundaries of the districts;” and 31 32 WHEREAS, there is a growing public awareness of the need for additional housing options in 33 Kodiak; and 34 35 WHEREAS, allowing development of single-family dwellings on smaller lots in the Borough may 36 be one part of a regulatory solution to address this multi-faceted issue; and 37 38 WHEREAS, KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 39 urban residential zoning districts that allow development of single-family dwellings; and 40 41 WHEREAS, lots smaller than 7,200 square feet are capable of accommodating such 42 development while providing sufficient yard setbacks and off-street parking; and 43 44 WHEREAS, creating a new urban residential zoning district that allows the development of 45 single-family dwellings on smaller lots should reduce the associated land costs and encourage 46 the construction of smaller housing types in that new district; and 47 48 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 1 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 45 of 187 WHEREAS, the public necessity, convenience, and general welfare of the community may be 49 better served by amending Title 17 KIBC (Zoning) by adding chapter 17.77 KIBC (RSL-50 Residential Small Lot Single-Family District) to create a new zoning district that specifies the 51 regulatory requirements for development of single-family dwellings on smaller lots in the 52 Borough; and 53 54 WHEREAS, the Planning and Zoning Commission held work sessions to review the proposed 55 chapter on October 7, 2015, October 14, 2016, November 10, 2015, December 9, 2015, 56 January 13, 2016, February 10, 2016, March 9, 2016, May 11, 2016, November 9, 2016, 57 December 7, 2016, March 8, 2017, and April 12, 2017; and 58 59 WHEREAS, the Planning and Zoning Commission set aside time for public input and discussion 60 at each work session; and 61 62 WHEREAS, the Planning and Zoning Commission held work sessions on January 11, 2017, 63 February 8, 2017, and May 10, 2017 followed by public hearings on January 18, 2017, February 64 15, 2017, and May 17, 2017; and 65 66 WHEREAS, the Planning and Zoning Commission, following the May 17 , 2017 public hearing, 67 voted to transmit their recommendation to amend Title 17 KIBC (Zoning) by adding Chapter 68 17.77 KIBC (RSL-Residential Small Lot Single-Family District) to the Borough Assembly; and 69 70 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 71 BOROUGH THAT: 72 73 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 74 Kodiak Island Borough Code of Ordinances; and 75 76 Section 2: By this ordinance, the Borough Assembly adopts the following findings of fact in 77 support of their approval of the amendment: 78 79 1. There is a growing need for additional housing options in Kodiak. Allowing development 80 of single-family dwellings on smaller lots in the Borough may be one part of a regulatory 81 solution to address this multi-faceted issue. 82 83 2. Current KIBC Title 17 (Zoning) requires a minimum lot area of 7,200 square feet in those 84 urban residential zoning districts that allow development of single-family dwellings. Lots 85 smaller than 7,200 square feet are capable of accommodating such development while 86 providing sufficient yard setbacks and off-street parking. 87 88 3. Creating a new urban residential zoning district that allows the development of single-89 family dwellings on smaller lots should reduce the associated land costs and encourage 90 the construction of smaller housing types in that new district. 91 92 4. The amendment will create a new urban residential zoning district that specifies the 93 regulatory requirements for development of single-family dwellings on smaller lots in the 94 Borough, which is consistent with the adopted Comprehensive Plan goals, policies, and 95 implementation actions related to land use and housing. 96 97 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 2 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 46 of 187 5. The Planning and Zoning Commission recommends approval of amending Title 17 KIBC 98 (Zoning) by adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family 99 District). 100 101 Effective Date: This ordinance takes effect upon adoption. 102 103 Chapter 17.77 104 RSL – RESIDENTIAL SMALL LOT SINGLE-FAMILY DISTRICT 105 Sections: 106 17.77.010 Description and intent. 107 17.77.020 Permitted uses. 108 17.77.030 Conditional uses. 109 17.77.040 Minimum size of the RSL district. 110 17.77.050 Prohibited lot designs. 111 17.77.060 Area requirements. 112 17.77.070 Yards. 113 17.77.080 Building height limit. 114 17.77.090 Public service requirement. 115 116 17.77.010 Description and intent. 117 The RSL residential small lot single-family zoning district is established as a land use 118 district for single-family residential dwellings on smaller lots, where public water and 119 sewer services are available. For the residential small lot single-family zoning district, in 120 promoting the general purposes of this title, the specific intentions of this chapter are: 121 A. To reduce land costs associated with single-family residential development; 122 B. To encourage the construction of smaller housing types; 123 C. To prohibit commercial, industrial, and any other use of the land which would interfere 124 with the development or continuation of single-family dwellings in the district; and 125 D. To require a minimum land area number of lots to establish the RSL district to reduce 126 the impacts of potential subdivision of existing lots within neighborhoods. 127 128 17.77.020 Permitted uses. 129 The following land uses and activities are permitted in the residential small lot single-130 family district: 131 A. Single-family dwellings; 132 B. One accessory building; 133 C. Home occupations; and 134 D. Hoop houses. 135 136 17.77.030 Conditional uses. 137 Reserved. 138 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 3 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 47 of 187 139 17.77.040 Minimum size of the RSL district (Option 1). 140 The minimum contiguous land area required to establish this zoning district is 1.5 acres. 141 A. A minimum of 10 contiguous lots that meet RSL district lot area, width, and design 142 requirements are required to establish this zoning district. 143 B. One or more parcels of sufficient land area to be subdivided into 10 or more 144 contiguous lots that meet RSL district lot area, width, and design requirements may be 145 rezoned to this district, subject to the following: 146 1. An approved rezone shall not become effective until approval and recording of a 147 plat that subdivides the parcels to create a minimum of 10 lots that meet the 148 requirements of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 149 2. The rezone shall become null and void if a plat depicting the subdivision is not 150 approved and recorded within 30 months from the date of rezone approval. 151 152 17.77.040 Minimum size of the RSL district (Option 2). 153 The minimum contiguous land area required to establish this zoning district is 1.5 acres. 154 A. A minimum contiguous land area of 1.5 acres that is capable of being subdivided into 155 10 or more lots that meet RSL district lot area, width, and design requirements is 156 required to establish this zoning district. 157 B. One or more parcels that meet the contiguous land area requirement may be rezoned 158 to this district, subject to the following: 159 1. An approved rezone shall not become effective until approval and recording of a 160 plat that subdivides the subject land into 10 or more lots that meet the requirements 161 of Title 16 (Subdivision) and Title 17 (Zoning) of the Borough Code; and 162 2. The rezone shall become null and void if a plat depicting the subdivision is not 163 approved and recorded within 36 months from the date of rezone approval. 164 165 17.77.050 Prohibited lot designs. 166 The flag lot designs listed in Chapter 16.40 KIBC are prohibited in the RSL district. 167 168 17.77.060 Area requirements. 169 A. Lot Area. The minimum lot area required is 3,600 square feet, excluding water bodies, 170 private roads, and public access easements. 171 1. The minimum lot area required is 3,600 square feet. 172 2. The maximum lot area allowed is 5,000 square feet. 173 3. Water bodies, private roads, and public access easements are excluded from lot 174 area calculations. 175 B. Lot Width. 176 1. The minimum lot width for an interior lot is 30 feet. 177 2. The minimum lot width for a corner lot is 35 feet. 178 179 17.77.070 Yards. 180 A. Front Yard. The minimum front yard shall be 25 feet. 181 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 4 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 48 of 187 B. Side Yard. The minimum side yard required is five feet. The minimum side yard 182 required on the street side of a corner lot is 10 feet. 183 C. Rear Yard. The minimum rear yard required is 10 feet. 184 185 17.77.080 Building height limit. 186 The maximum building height allowed is 35 feet. 187 188 17.77.090 Public service requirement. 189 Water and sanitary sewer service from a certificated public utility or municipal system 190 are required for lots in this land use district. 191 192 193 194 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 195 THIS __________ DAY OF _______________, 2017. 196 197 KODIAK ISLAND BOROUGH ATTEST: 198 199 200 ___________________________ ___________________________ 201 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 202 203 VOTES: 204 Ayes: 205 Noes: 206 Kodiak Island Borough, Alaska Ordinance No. FY2017-XX Deletion – Red, Strikeout Page 5 of 5 Insertion – Bold, Blue, Underlined Version 1 PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 49 of 187 PU B L I C H E A R I N G I T E M 7 - A P & Z R E G U L A R M E E T I N G : M A Y 1 7 , 2 0 1 7 Ca s e N o . 1 7 - 0 1 4 AG E N D A I T E M # 9 . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 2 A m e n d i n g T i t l e 1 7 K I B C ( Z o n i n g ) B y A . . . Pa g e 5 0 o f 1 8 7 Kodiak Island Borough Planning & Zoning Commission Minutes February 15, 2017 Page 1 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES APPLICABLE TO CASE NO.17-014 February 15, 2017 Regular Meeting Followed Special Meeting-Borough Assembly Chambers C. CASE 17-014 (Postponed from the January 18, 2017 regular meeting). Request an 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 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. 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 January18, 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 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 Fact” for Case No. 17-014. Maker stated allowing development of single-family dwellings on smaller lots in the Borough might be one part of a regulatory solution to address the borough’s growing need of housing options. Title 17 KIBC requires a minimum lot area of 7,200 square feet in those urban residential zoning districts that allow development of single-family dwellings. Staff research has shown that smaller lots are capable of accommodating such development while providing sufficient yard setbacks and off-street parking. Given this information, creating a new urban residential zoning district that allows the development of single-family dwellings on smaller lots should reduce the associated land costs and encourage the construction of smaller housing types in that new district. Open public hearing: Kevin Arndt spoke in support of this request. Close public hearing: Commission discussion COMMISSIONER PAINTER MOVED to postpone Case No. 17-014 to the May 17, 2017 Planning and Zoning Commission regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY PUBLIC HEARING ITEM 7-A P & Z REGULAR MEETING: MAY 17, 2017 Case No. 17-014 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 51 of 187 KODIAK ISLA PLANNING AND ZONING CO MMIN LMay17,2017 Regular Meeting urmlrx I-\r'(NuI Ieu I ROLL CALL Commissioners present wer Spalinger,Chris Hatch,and Colin Ieuge OI allegiance. con Arndt,Ba nung. AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 52 of 187 AGENDA ITEM #9.B. Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By A...Page 53 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-08 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: KIB Assembly 1 Requested by: Community Development Department 2 Drafted by: Community Development Department 3 Introduced on: 09/21/2017 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2018-08 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11 THE KIB FUTURE LAND USE MAP BY CHANGING THE FUTURE LAND USE 12 DESIGNATION OF LOT 26A, U.S. SURVEY 3098 FROM URBAN RESIDENTIAL TO 13 COMMERCIAL (P&Z CASE 17-028) 14 15 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes; and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 24 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 25 26 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 27 general welfare or good zoning practice requires, the assembly may, by ordinance and after 28 report thereon by the commission and public hearing as required by law, amend, supplement, 29 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 30 31 WHEREAS, the Planning and Zoning Commission received a request from property owner 32 James Cole to amend the 2008 Comprehensive Plan by changing the future land use 33 designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial; and 34 35 WHEREAS, at an advertised public hearing consistent with Kodiak Island Borough Code 36 17.205.040, the Planning and Zoning Commission considered the merits of the request to 37 amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lot 26A 38 U.S. Survey 3098 from Urban Residential to Commercial; and 39 40 WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 41 Assembly that this amendment be approved, finding that the public necessity, convenience, 42 general welfare, and good zoning practice would be enhanced by such action. 43 44 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 54 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-08 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH THAT: 46 47 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 48 Kodiak Island Borough Code of Ordinances. 49 50 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 26A, U.S. 51 Survey 3098 is hereby changed from Urban Residential to Commercial. 52 53 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 54 support of their approval of this amendment to the 2008 Comprehensive Plan: 55 56 1. The subject parcel is adjacent to properties with a Future Land Use Designation of 57 Commercial. 58 2. The subject parcel is of sufficient area and capable of providing building sites for 59 commercial use. 60 3. This Comprehensive Plan Amendment request is consistent with the land use goals 61 and policies of the 2008 Comprehensive Plan and would be in line with long -term 62 development patterns along Mill Bay Road. 63 4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family 64 Residential to B-Business. 65 5. The Planning and Zoning Commission recommends that the Borough Assembly 66 approve this Comprehensive Plan amendment. 67 68 Effective Date: This ordinance takes effect upon adoption. 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS __________ DAY OF _______________, 2017. 72 73 KODIAK ISLAND BOROUGH ATTEST: 74 75 76 ___________________________ ___________________________ 77 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 78 79 VOTES: 80 Ayes: 81 Noes: 82 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 55 of 187 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z Case 17-028). ORIGINATOR: Daniel McKenna-Foster RECOMMENDATION: Move to advance Ordinance No. FY2018-08 to public hearing at the next regular meeting of the Assembly. DISCUSSION: This property zoned R1-Residential Zoning District has sat vacant for several years, but is adjacent to another commercially-zoned property. The applicant recently purchased this land and applied for this change in Future Land Use Designation in order to facilitate the process of rezoning the parcel to B-Business. Because Mill Bay has long been planned as Kodiak's primary commercial corridor and trends in the area have shown a transition toward more commercial property, this change and subsequent rezone seem consistent with the market's need for more commercial property in this area. The Planning & Zoning Commission voted 5- 2 in favor of this amendment to the Comprehensive Plan. ALTERNATIVES: 1. Take no action 2. Reject the Planning & Zoning Commission's recommendation to approve. FISCAL IMPACT: No direct fiscal impact from this amendment to the 2008 Comprehensive Plan. If the parcel is developed from its current vacant state into a business, it could produce additional tax revenue. OTHER INFORMATION: This parcel sits in a small residential enclave along Mill Bay road. Several neighbors gave public testimony against this Future Land Use Designation change and subsequent rezone on the grounds that they did not know what the new property owner might put there and they preferred it as a vacant or residential lot. However, through its analysis, staff found no grounds for preventing a change in use, as the change seems consistent with historical trends and needs outlined in the comprehensive plan. It may be noted that this lot, though zoned residential, has not been occupied for several years (suggesting it is not desirable as a residential lot) and surrounding property owners did not purchase the lot when it was for sale. AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 56 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-08 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: KIB Assembly 1 Requested by: Community Development Department 2 Drafted by: Community Development Department 3 Introduced on: 09/21/2017 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2018-08 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11 THE KIB FUTURE LAND USE MAP BY CHANGING THE FUTURE LAND USE 12 DESIGNATION OF LOT 26A, U.S. SURVEY 3098 FROM URBAN RESIDENTIAL TO 13 COMMERCIAL (P&Z CASE 17-028) 14 15 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes; and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 24 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 25 26 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 27 general welfare or good zoning practice requires, the assembly may, by ordinance and after 28 report thereon by the commission and public hearing as required by law, amend, supplement, 29 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 30 31 WHEREAS, the Planning and Zoning Commission received a request from property owner 32 James Cole to amend the 2008 Comprehensive Plan by changing the future land use 33 designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial; and 34 35 WHEREAS, at an advertised public hearing consistent with Kodiak Island Borough Code 36 17.205.040, the Planning and Zoning Commission considered the merits of the request to 37 amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lot 26A 38 U.S. Survey 3098 from Urban Residential to Commercial; and 39 40 WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 41 Assembly that this amendment be approved, finding that the public necessity, convenience, 42 general welfare, and good zoning practice would be enhanced by such action. 43 44 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 57 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-08 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH THAT: 46 47 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 48 Kodiak Island Borough Code of Ordinances. 49 50 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 26A, U.S. 51 Survey 3098 is hereby changed from Urban Residential to Commercial. 52 53 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 54 support of their approval of this amendment to the 2008 Comprehensive Plan: 55 56 1. The subject parcel is adjacent to properties with a Future Land Use Designation of 57 Commercial. 58 2. The subject parcel is of sufficient area and capable of providing building sites for 59 commercial use. 60 3. This Comprehensive Plan Amendment request is consistent with the land use goals 61 and policies of the 2008 Comprehensive Plan and would be in line with long-term 62 development patterns along Mill Bay Road. 63 4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family 64 Residential to B-Business. 65 5. The Planning and Zoning Commission recommends that the Borough Assembly 66 approve this Comprehensive Plan amendment. 67 68 Effective Date: This ordinance takes effect upon adoption. 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS __________ DAY OF _______________, 2017. 72 73 KODIAK ISLAND BOROUGH ATTEST: 74 75 76 ___________________________ ___________________________ 77 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 78 79 VOTES: 80 Ayes: 81 Noes: 82 AGENDA ITEM #C.A. 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A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 5 9 o f 1 8 7 AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 6 0 o f 1 8 7 Kodiak Island Borough Page 5 of 8 Planning and Zoning Commission Minutes August 16, 2017 ROLL CALL VOTE ON MOTION TO AMEND AS AMENDED CARRIED UNANIMOUSLY Open public hearing: None Close public hearing: Commission discussion. FINDINGS OF FACT 1.The Planning & Zoning Commission has not completed its master planning effort to engage the public and determine the community needs best fulfilled by these properties. 2.These parcels house recreational ball fields that are highly valued by numerous organizations in Kodiak and are regularly used for sporting and other community events. 3.Retention of these parcels is supported by various land use and parks & recreational goals, policies, and implementation action identified in the adopted 2008 Comprehensive Plan. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY D. CASE 17-028 (Postponed at the July 19, 2017 Regular Meeting). 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. Case 17-028 Postponed at the July RM Motion on the floor from the June 21, 2017 RM is: 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. COMMISSIONER PAINTER seconded the motion. FINDINGS OF FACT (In support of motion on the floor) 1.The subject parcel is adjacent to properties with a Future Land Use Designation of Commercial. 2.The subject parcel is of sufficient area and capable of providing building sites for commercial use. 3.This Comprehensive Plan Amendment request is consistent with the land use goals and policies of the 2008 Comprehensive Plan and would be in line with long term development patterns along Mill Bay Road. 4.This amendment is necessary to allow for a subsequent rezone from R1-Single-family Residential to B-Business. 5.The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. Staff reported there have been no changes to the staff report or recommendation. This case has been postponed a few times. There hasn’t been a residence on the property for several years. It is zoned residential but hasn’t been used as residential for some time. Director Mason also noted that a screening review is also required for Business next to residential. COMMISSIONER SCHMITT MOVED to amend the motion to strike “May 16, 2017” and insert “August 2, 2017”. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY Open public hearing: AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 61 of 187 Kodiak Island Borough Page 6 of 8 Planning and Zoning Commission Minutes August 16, 2017 Jim Cole, applicant, spoke in favor of his request. Close public hearing: Commission discussion FINDINGS OF FACT 1. The subject parcel is adjacent to properties with a Future Land Use Designation of Commercial. 2. The subject parcel is of sufficient area and capable of providing building sites for commercial use. 3. This Comprehensive Plan Amendment request is consistent with the land use goals and policies of the 2008 Comprehensive Plan and would be in line with long term development patterns along Mill Bay Road. 4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family Residential to B-Business. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-2. The ayes were COMMISSIONERS ARNDT, ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes were COMMISSIONERS SCHMITT and HATCH. E. CASE 17-029 (Postponed at the July 19, 2017 Regular Meeting). Request a rezone of Lot 26A, U.S. Survey 3098 from R1-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 SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential District to B-Business District (KIBC 17.205), and to adopt the findings of fact listed in the staff report dated August 2, 2017 as “Findings of Fact” for Case 17-029. Staff reported there were no changes to the staff report. Staff recommends approval with a recommendation to the assembly for their approval. Open public hearing: None Close public hearing: FINDINGS OF FACT 1. The subject parcel is adjacent to property zoned B-Business. 2. The subject parcel is located along a commercial corridor in a residential area surrounded by commercial and industrial uses. 3. The subject parcel is of sufficient area and capable of providing building sites for commercial use. 4. This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land Use Designation per Case No. 17-028. 5. This rezone is consistent with land use goals and policies identified in the e 2008 Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED 5-2. The ayes were COMMISSIONERS ARNDT ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes were COMMISSIONERS SCHMITT and YOUNG. F. CASE 18-003. Request a Similar Use Determination finding that allowing two single- family dwellings on a single R3-Multifamily Residential District zoned lot is similar to allowing a two family dwelling on a single R3-Multifamily Residential District zoned lot AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 62 of 187 Image Overlay Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Image OverlayCase No. 17-028Applicant: James Cole A Comprehensive Plan amendment to change the Future Land UseDesignation 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) 2180 2320 2318 2316 111 113 117 1 1 9 118 116 114115 112 110 2191 2230 25B 28 27B27A26B 26A 26C 26D 25E-1 24E 24-A2 24B 25A 25C 24-A1 MillBayRoad BancroftDrive 0 150 30075Feet ILegend Subject Parcel KIB Image Overlay Map I Date Created: 5/16/2017 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 63 of 187 KIB Location & Zoning Map Location & Zoning MapCase No. 17-028Applicant: James Cole A Comprehensive Plan amendment to change the Future Land UseDesignation 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) USS 3 5 1 1 USS 3 0 9 8 USS 3 4 6 9 25B 12A 28 27B 11 27A26B 26A 26C 26D 25E-1 24E 24D24C 24-A2 24B 25A 25C 23 12 24-A1 2180 2320 2318 2316 111 113 117 1 1 9 122 120 118 116 114115 112 110 2191 2181 2230 Mill B a y R o a d Bancroft Drive Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways Legend Subject Parcel I Zoning Legend B - Business LI -Light Industrial PL-Public Use Lands R1-Single-family Residential R2-Two-family Residential AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 64 of 187 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-028. 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). DATE: August 2, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-028 APPLICANT: James Cole LOCATION: 110 Bancroft Drive LEGAL DSC: Lot 26A, U.S. Survey 3098 ZONING: R1-Single-family Residential FUTURE LAND USE DESIGNATION: Urban Residential NOTICE: Twenty Seven (27) public hearing notices were mailed on March 6, 2017. Two public comment forms were received in with some concerns about the potential rezone/Comprehensive Plan amendment. One property owner across the street from the property called the Community Development office with some concerns about the corresponding rezone of this property. Additional materials were submitted at the July 19th 2017 Planning & Zoning Regular Meeting. SUPPLEMENTAL REPORT This case was postponed from the June 2017 and then July 2017 regular meetings with the aim of hearing from the applicant during the regular meeting process. The applicant is not required to provide comment or explain future plans of the site. RECOMMENDATION Staff recommends that the Commission forward this Comprehensive Plan Future Land Use Designation request be sent to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the 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 listed in the staff report dated August 2, 2017 and entered into the record as “Findings of Fact” for Case No. 17-028. FINDINGS OF FACT (KIBC 17.205.020.A-B) AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 65 of 187 1. The subject parcel is adjacent to properties with a Future Land Use Designation of Commercial. 2. The subject parcel is of sufficient area and capable of providing building sites for commercial use. 3. This Comprehensive Plan Amendment request is consistent with the land use goals and policies of the 2008 Comprehensive Plan and would be in line with long term development patterns along Mill Bay Road. 4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family Residential to B-Business. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 66 of 187 AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 6 7 o f 1 8 7 Su b m i t t e d b y J a s o n W a g g o n e r a t t h e J u l y 1 9 , 2 0 1 7 P & Z R e g u l a r M e e t i n g AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 6 8 o f 1 8 7 AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 6 9 o f 1 8 7 AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 7 0 o f 1 8 7 AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 7 1 o f 1 8 7 STAFF REPORT AND RECOMMENDATION Case No. 17-028. 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). DATE: July 6, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-028 APPLICANT: James Cole LOCATION: 110 Bancroft Drive LEGAL DSC: Lot 26A, U.S. Survey 3098 ZONING: R1-Single-family Residential FUTURE LAND USE DESIGNATION: Urban Residential NOTICE: Twenty Seven (27) public hearing notices were mailed on March 6, 2017. Two public comment forms were received in with some concerns about the potential rezone/Comprehensive Plan amendment. One property owner across the street from the property called the Community Development office with some concerns about the corresponding rezone of this property. SITE VISIT: May 15, 2017 1. Zoning History: Changed from Unclassified to R-1 by Ordinance No. 73-2-O. Many of the other parcels in U.S. Survey 3098 were rezoned from unclassified zoning to business zoning by Ordinances Nos. numbered 80-11-O and 80-12-O 2. Lot Size: 11,978 square feet 3. Existing Land Use: Vacant lot with outdoor storage 4. Surrounding Land Use and Zoning: Adjacent properties are B-Business and R1-Single- family Residential District zoning, uses include vacant lots, storage, and single- family residences 5. Comprehensive Plan: Assigned a Future Land Use Designation of Public and Open Space by the 1968 Comprehensive Plan and Urban Residential by the 2008 Comprehensive Plan 6. Applicable Comprehensive Plan Future Land Use Designations: [Urban] Residential This designation allows for a variety of urban level residential uses. It is generally applied within incorporated cities and would allow for a mix of single-family and other types of housing including those allowed in the R1,R2, R3 and SRO zones. Commercial/Business): This designation is intended for commercial uses allowed in the Borough’s Retail Business, Business and Urban Neighborhood AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 72 of 187 Commercial zones, which would 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 (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 case was postponed from the June 2017 regular meeting with the aim of hearing from the applicant during the regular meeting process. FUTURE LAND USE DESIGNATION, ZONING, AND USE Community development property files indicate that this lot is zoned for residential use but structures on this lot have been in various states of demolition since 2012. There is also a complaint on file for the removal of junk vehicles on the property several years ago, suggesting that this may not have been a residence of traditional neighborhood character for some time. The 2008 Comprehensive Plan designated this area as Urban Residential, which allows for “a mix of single-family and other types of housing”. This lot is encircled by areas with a proposed future land use designation of Urban Residential, Commercial/Business, and across Mill Bay AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 73 of 187 Road from an area with a proposed future land use designation of Industrial/Light Industrial. RECENT DEVELOPMENT TRENDS IN THE AREA Mill Bay Road has long been one of the primary commercial corridors for Kodiak. The 1968 Comprehensive Plan recognized this arterial as a central route for businesses and vehicle traffic, and the 2008 Comprehensive Plan focuses most of the future Commercial/Business land use along this road as well. Many parcels in this area have been rezoned to B-Business Zoning District since they were originally zoned from unclassified to residential in the 1970s. A 2006 staff report for the rezone of the adjacent parcel from R-1 Single-family Residential Zoning District to B-Business Zoning District (Case No. 06-10) noted that at that time “only ten (10) privately owned frontage parcels between Birch Ave. and Benny Benson Dr.” were “not zoned for some level of commercial activity.” As of 2017, only four (4) parcels are not zoned for some type of commercial activity. Although this area was designated as “Urban Residential” in the 2008 Comprehensive Plan (a designation which would seem to imply greater general density and height), most changes in the vicinity seem to be moving more towards commercial use rather than denser residential use. COMPATABILITY OF LAND USES The parcels to the north and north east of this property are zoned B-Business. Lots 27A and 27B of USS 3098 were zoned from unclassified to Business by Ordinance No. 77-29-0, and Ordinance 66-21-0 reclassified nearby lots 13, 14, and 15 of U.S. Survey 3098 to Business from Residential Unclassified. This parcel sits along a highly trafficked commercial corridor, but within a small residential enclave. One property owner from a nearby residential lot reported some concerns about endangering children in the area, potential smells emanating from the business, security, fencing, and drainage and flooding issues. A second nearby property owner expressed a wish that this lot remain zoned residential as it acts as a buffer lot from nearby commercial uses. Another property owner in the area expressed concern about some of the past uses and potential future uses of the property. As it is unclear what type of commercial activity might take place on the property, this parcel as land zoned for commercial uses could fit in seamlessly with the adjacent lot or potentially conflict with nearby residential uses. LAND SUITABILITY The parcel’s primary access is off of Bancroft Drive although with Mill Bay Rd frontage, and is served by City water and sewer utilities. The parcel meets minimum lot requirements. TRAFFIC IMPACTS The existing infrastructure is capable of absorbing increased motorized and on-motorized traffic that might result from business uses. 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, buffering, design standards and other means.  Policy: Zone lands to meet future housing, commercial, industrial, and other land needs. o Implementation Action: Evaluate the need and recommend specific sites for AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 74 of 187 commercial and industrial uses within and outside cities and unincorporated communities in the Borough to meet future economic needs. CONCLUSION Staff has determined that this Comprehensive Plan Future Land Use Designation 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. RECOMMENDATION Staff recommends that the Commission forward this Comprehensive Plan amendment request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the 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 listed in the staff report dated May 16, 2017 and entered into the record as “Findings of Fact” for Case No. 17-028. FINDINGS OF FACT (KIBC 17.205.020.A-B) 1. The subject parcel is adjacent to properties with a Future Land Use Designation of Commercial. 2. The subject parcel is of sufficient area and capable of providing building sites for commercial use. 3. This Comprehensive Plan Amendment request is consistent with the land use goals and policies of the 2008 Comprehensive Plan and would be in line with long term development patterns along Mill Bay Road. 4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family Residential to B-Business. 5. The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 75 of 187 May 15, 2017 Site Visit: Taken from Bancroft Dr. looking north. AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 76 of 187 PU B L I C H E A R I N G I T E M 7 - F P& Z R E G U L A R M E E T I N G : J U N E 2 1 , 2 0 1 7 AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 7 7 o f 1 8 7 PU B L I C H E A R I N G I T E M 7 - F P& Z R E G U L A R M E E T I N G : J U N E 2 1 , 2 0 1 7 AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 7 8 o f 1 8 7 PU B L I C H E A R I N G I T E M 7 - F P& Z R E G U L A R M E E T I N G : J U N E 2 1 , 2 0 1 7 AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 7 9 o f 1 8 7 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us May 4, 2017 Public Hearing Item 7-D PUBLIC HEARING 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: 17-028 APPLICANT: James Cole 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). LOCATION: 110 Bancroft Drive 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 ssmith@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: PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 80 of 187 25B LOT 2 LOT 3 2 3 4 UNIT 1UNSU B D I V I D E D P O R T I O N 12A 29A 29B 28 27B 9 10 11 8 7 6 9A 10 10B 11A 11B 27A26B 26A 26C 26D 25E-1 24E 24D24C 24-A2 24B 25A 25C 23 21A 5 12 13 14 15 16 LOT 2 24-A1 !(1 DOG P O U N D 2310 2414 2160 2180 2320 2318 2316 111 113 117 1 1 9 122 120 118 116 114115 112 110 2410 2191 2171 2161 2155 114 2 2 0 2170 2180 2409 CIVIL A I R P A T R O L 2413 2105 2 1 3 5 2165 2195 2225 228 5 231 5 2100213 0 21 6 0 219 0 22 2 0 22 5 0 228 0 23 1 0 23 4 0 2390 2410 241 5 2430 243 5 2450 246 5 2470 23 7 0 2375 1 1 7 2181 2490 2230 BennyBensonDrive Unkn o w n East Re z a n o f D r i v e K o d i a k C o ll e g e D riv e MillBay Road Ban c r o f t D r i v e Unknown CityAirport Road Public Hearing Notice µ0 380 760190Feet Kodiak Island Borough GIS Case 17-028Location110 Bancroft DriveApplicantJames Cole 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). Legend Subject Parcel Notification Area http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 81 of 187 FIRST_NAME LAST_NAME MAIL_LINE_MAIL_LINE1 MAIL_CITY MAIL_STATE MAIL_ZIP KAVIK ANDERSON 113 BANCROFT DR KODIAK AK 99615 MARIA THERESA CABRERA PO BOX 8730 KODIAK AK 99615 CITY OF KODIAK PO BOX 1397 KODIAK AK 99615 SALLY L CROCETTI 118 BANCROFT DRIVE KODIAK AK 99615 ROBERT D DIERICH PO BOX 720 KODIAK AK 99615 WING P ENG 112 BANCROFT DR KODIAK AK 99615 KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK AK 99615 KODIAK COMMUNITY CHURCH PO BOX 784 KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 JACK LECHNER P.O. BOX 1616 KODIAK AK 99615 TOM MERRIMAN P.O. BOX 1155 KODIAK AK 99615 MIDTOWN HOLDINGS P.O. BOX 786 KODIAK AK 99615 MK ENTERPRISES, LLC PO BOX 2338 KODIAK AK 99615 CONSTANCE OLSEN PO BOX 322 KODIAK AK 99615 HOVERT M PASTOR 122 BANCROFT DRIVE KODIAK AK 99615 VERLIN PHERSON 114 BANCROFT DR KODIAK AK 99615 LELAND ROBBINS P.O. BOX 1426 KODIAK AK 99615 RICHARD ROHRER PO BOX 2219 KODIAK AK 99615 DEBORAH SMITH 116 BANCROFT DR KODIAK AK 99615 SONDACO, LLC PO BOX 2338 KODIAK AK 99615 JAMES STEVENS PO BOX 8593 KODIAK AK 99615 CHARLES J WAGGONER ETAL 1517 E REZANOF DRIVE KODIAK AK 99615 ANDREW WILLIAMS JR.115 BANCROFT KODIAK AK 99615 HUGH WISNER P.O. BOX 2783 KODIAK AK 99615 WOM AMER BAPTIST MISSION VALORIA CHEEK, ESQ PO BOX 851 VALLEY FORGE PA 19482 HELEN YNGVE PO BOX 9018 KODIAK AK 99615 JAMES COLE PO BOX 8372 KODIAK AK 99615 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AG E N D A I T E M # C . A . Or d i n a n c e N o . F Y 2 0 1 8 - 0 8 A m e n d i n g T h e K I B F u t u r e L a n d U s e M a p . . . Pa g e 8 2 o f 1 8 7 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 83 of 187 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 84 of 187 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 85 of 187 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 86 of 187 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 87 of 187 Kodiak Island Borough, Alaska Ordinance No. FY201X-XX Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Community Development Department 1 Requested by: Community Development Department 2 Drafted by: Community Development Department 3 Introduced on: 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY201X-XX 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11 THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE 12 DESIGNATION OF LOT 26A, U.S. SURVEY 3098 FROM URBAN RESIDENTIAL TO 13 COMMERCIAL (P&Z CASE 17-028) 14 15 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 16 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 17 Statutes; and 18 19 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 20 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 21 1968 Comprehensive Plan; and 22 23 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 24 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 25 26 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 27 general welfare or good zoning practice requires, the assembly may, by ordinance and after 28 report thereon by the commission and public hearing as required by law, amend, supplement, 29 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 30 31 WHEREAS, The Planning and Zoning Commission received a request from Property Owner 32 James Cole to amend the 2008 Comprehensive Plan by changing the future land use 33 designation of Lot 26A, U.S. Survey 3098 from Urban Residential to Commercial; and 34 35 WHEREAS, At an advertised public hearing consistent with Kodiak Island Borough Code 36 17.205.040, the Planning and Zoning Commission considered the merits of the request to 37 amend the 2008 Comprehensive Plan by changing the Future Land Use Designation of Lot 26A 38 U.S. Survey 3098 from Urban Residential to Commercial; and 39 40 WHEREAS, the Planning and Zoning Commission voted to recommend to the Borough 41 Assembly that this amendment be approved, finding that the public necessity, convenience, 42 general welfare, and good zoning practice would be enhanced by such action. 43 44 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 88 of 187 Kodiak Island Borough, Alaska Ordinance No. FY201X-XX Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH THAT: 46 47 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 48 Kodiak Island Borough Code of Ordinances. 49 50 Section 2: The 2008 Comprehensive Plan Future Land Use Designation of Lot 26A, U.S. 51 Survey 3098 is hereby changed from Urban Residential to Commercial. 52 53 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 54 support of their approval of this rezone: 55 1. The subject parcel is adjacent to properties with a Future Land Use Designation of 56 Commercial. 57 2. The subject parcel is of sufficient area and capable of providing building sites for 58 commercial use. 59 3. This Comprehensive Plan Amendment request is consistent with the land use goals and 60 policies of the 2008 Comprehensive Plan and would be in line with long-term 61 development patterns along Mill Bay Road. 62 4. This amendment is necessary to allow for a subsequent rezone from R1-Single-family 63 Residential to B-Business. 64 5. The Planning and Zoning Commission recommends that the Borough Assembly approve 65 this Comprehensive Plan amendment. 66 67 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 68 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 69 70 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 71 THIS __________ DAY OF _______________, 2017. 72 73 KODIAK ISLAND BOROUGH ATTEST: 74 75 76 ___________________________ ___________________________ 77 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 78 79 VOTES: 80 Ayes: 81 Noes: 82 AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 89 of 187 From:Kyle Crow To:Sara Mason Cc:Nova Javier Subject:Re: re case 17-028 & 29 Date:Tuesday, September 12, 2017 3:55:25 PM Attachments:image014.png image004.png Perfect. I have cc'd Nova so that she can provide these questions and answers to the rest of the assembly and mayor for their consideration. Thanks much Kyle Get Outlook for iOS _____________________________ From: Sara Mason <smason@kodiakak.us> Sent: Tuesday, September 12, 2017 3:19 PM Subject: RE: re case 17-028 & 29 To: Kyle Crow <kyle.crow@kibassembly.org> Kyle, Comments below. Sara Sara Mason Director Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 P: (907) 486-9360 F: (907) 486-9396 Email From: Kyle Crow [ Kyle Crow [mailto:kyle.crow@kibassembly.org] Sent: Tuesday, September 12, 2017 2:19 PM To: Sara Mason Subject: Re: re case 17-028 & 29 Sara, Thank you for responding. I appreciate your recommending I wait for the issue to come up during an assembly work session to ask questions and receive answers, to conserve staff time, however from my experience and perspective these types of questions are best asked and answered before then, otherwise the questions and answers often get frustratingly confusing, AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 90 of 187 delay the process, and can more negatively impact staff time. Others may not thoroughly consider the issues before hand and end up winging it which does not provide good and thoughtful consideration and the best possible solutions. With that in mind, I have a few additional questions and comments and I'd appreciate your reply. If you'd prefer I can rout these through the Manager. Bear in mind that there are two work sessions to talk about each rezone case. Most municipalities do not have work sessions prior to every regular meeting to do a packet review. Our packet reviews are to allow the Assembly to ask questions; hence why asking them at work sessions is very appropriate. Staff does not have control over whether elected or appointed officials thoroughly consider each item, but it is my hope that we don’t have anyone “winging it”, as that would seem to be a great disservice to the Borough’s voters. I’ve been advised that spending an appropriate amount of time (15-20ish minutes) addressing questions or engaging in conversation with individuals from boards and committees is fine, but anything beyond that or anything that is of significance (e.g. information that might prove useful to other committee members in formulating their stance) should be directed through the Clerk or Manager so that the information provided by this (or any other) department is provided to everyone. This is also the protocol for P&Z Commissioners, not just for our jurisdiction, but many others as well. (1) what is the "Screening Review process." Screening reviews are required per KIBC 17.90.050 and KIBC 17.105.060. P&Z must approve the type of screening (if any) for Mr. Cole’s lot prior to issuance of zoning compliance and subsequent building permits. It is within P&Z’s purview to include restrictions that limited access to Mill Bay Road. This item is scheduled as any other similar administrative request. (The form is available on our website.) (2) concerning an address change: businesses are on mill bay. Having a mill bay address makes it easier for customers to locate it. Having an address in an obscure residential neighborhood makes it more difficult to find. The current street address is associated with a residential neighborhood, and the street "front" of a lot determines its side and rear setback requirements. If you’d like to proposed the change, I’d encourage it. I just shared my thoughts on the matter. In regards to “front” lot lines… The front lot line as defined by code has nothing to do with the property’s address. The front lot line of a corner lot is defined in Title 17 as “the shortest street side of a corner lot”, which for this lot is Mill Bay Road. Also, if it is zoned B-Business there are no setback requirements, so determining which lot line is the “front” one doesn’t really serve a practical purpose. (3) I don't understand why rezoning with conditions, in cases like this, would be going down a "slippery slope", considering all of the factors and concerns and I see this as a possible solution that might be well received by all parties, and something that would benefit the entire community. For the sake of brevity, I’ll just say here that our code specifically allows for conditions to be placed on variances and conditional use permits. It does not have the same language for rezones. The larger conversation of conditional zoning and contract zoning is much more efficient to have in person, rather than spending an inordinate amount of time typing it. Thanks again Kyle AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 91 of 187 Get Outlook for iOS From: Sara Mason <smason@kodiakak.us> Sent: Tuesday, September 12, 2017 11:58:23 AM To: Kyle Crow Subject: RE: re case 17-028 & 29 Hi Kyle, I apologize for the delay. I had to prioritize my “to-do” list of deadlines before my vacation last week. My understanding is that there are curb cuts on Mill Bay for these properties and that the applicant ultimately intends to use them in order to create direct access to Mill Bay Road. Rezoning properties with specific conditions is a slippery slope. I think the issue of access to this particular property is most appropriately dealt with through the Screening Review process. In regards to the address… A long-standing address should really only ever be changed if there’s a conflict that arises for emergency responders, the postal service, etc. I’m not sure that there would be any real benefit. If there are any other questions, it’s probably best to just discuss them at the meeting, as the rest of the Assembly may also have these same questions and it’s a more efficient use of staff’s time to only answer them once. Sara Sara Mason Director Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 P: (907) 486-9360 F: (907) 486-9396 Email From: Kyle Crow [mailto:kyle.crow@kibassembly.org] Sent: Thursday, August 31, 2017 12:59 PM To: Sara Mason Subject: re case 17-028 & 29 Sara, I've received several emails and phone calls regarding case number 17-028 and 29, so I reviewed the packet and meeting minutes, and watched a USTREAM video recording of the 8/16/17 P&Z meeting. AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 92 of 187 I initially agreed with the staff recommendations and the decision of the P&Z commission, based on the assumption that access to any business development would be from the Mill Bay road frontage. However someone pointed out that access would be from Bancroft, which will draw business traffic into the cul-de-sac residential area, and this complicates the issue for me. Is it possible for the assembly to approve the rezone with a condition that the street address be changed to Mill Bay, and that access must be limited to that avenue? thereby protecting the residential neighborhood. Thanks Kyle AGENDA ITEM #C.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 93 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-09 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: KIB Assembly 1 Requested by: Community Development Department 2 Drafted by: Community Development Department 3 Introduced on: 09/21/2017 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2018-09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LOT 26A, U.S. SURVEY 3098 FROM R1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-12 BUSINESS DISTRICT (P&Z CASE NO. 17-029) 13 14 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 18 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 20 1968 Comprehensive Plan; and 21 22 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 24 25 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and after 27 report thereon by the commission and public hearing as required by law, amend, supplement, 28 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 29 30 WHEREAS, property owner James Cole applied for a rezone of this property on April 24, 31 2017; and 32 33 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 34 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; 35 and 36 37 WHEREAS, the Commission voted to recommend to the Borough Assembly that the site be 38 rezoned from R1-Single-family Residential District to B-Business District finding that the public 39 necessity, convenience, general welfare, and good zoning practice would be enhanced by such 40 action. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 43 BOROUGH THAT: 44 45 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 94 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-09 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 46 Kodiak Island Borough Code of Ordinances. 47 48 Section 2: Lot 26A, U.S. Survey 3098 is hereby rezoned from R1-Single-family Residential 49 District to B-Business District. 50 51 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 52 support of their approval of this rezone. 53 54 1. The subject parcel is adjacent to property zoned B-Business. 55 2. The subject parcel is located along a commercial corridor in a residential area 56 surrounded by commercial and industrial uses. 57 3. The subject parcel is of sufficient area and capable of providing building sites for 58 commercial use. 59 4. This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land 60 Use Designation per Case No. 17-028. 61 5. This rezone is consistent with land use goals and policies identified in the 2008 62 Comprehensive Plan. 63 6. The Planning and Zoning Commission recommends that the Borough Assembly 64 approve this rezone. 65 66 Effective Date: This ordinance takes effect upon adoption. 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS __________ DAY OF _______________, 2017. 70 71 KODIAK ISLAND BOROUGH ATTEST: 72 73 74 ___________________________ ___________________________ 75 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 76 77 VOTES: 78 Ayes: 79 Noes: 80 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 95 of 187 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1- Single-Family Residential District to B-Business District (P&Z Case No. 17- 029). ORIGINATOR: Daniel McKenna-Foster RECOMMENDATION: Move to advance Ordinance No. FY2018-09 to public hearing at the next meeting of the Assembly. DISCUSSION: This property zoned R1-Residential Zoning District has sat vacant for several years, but is adjacent to another commercially zoned property. The applicant recently purchased this land and a pplied for a change to its existing Future Land Use Designation in the 2008 Comprehensive Plan in order to facilitate the process of rezoning the parcel to B-Business. Since the amendment to the Comprehensive Plan was approved, it is possible to rezone th is parcel from residential to commercial zoning. Because Mill Bay Road has long been planned as Kodiak's primary commercial corridor and trends in the area have shown a transition towards more commercial property, this rezone seems consistent with the market's need for more commercially zoned property in this area. The Planning & Zoning Commission voted 5-2 in favor of this rezone. ALTERNATIVES: 1. Take no action. 2. Reject the Planning & Zoning Commission's recommendation to approve. FISCAL IMPACT: No direct fiscal impact from this amendment to the 2008 Comprehensive Plan. If the parcel is developed from its current vacant state into a business, it could produce additional tax revenue. OTHER INFORMATION: This parcel sits in a small residential enclave along Mill Bay road. Several neighbors gave public testimony against this Future Land Use Designation change and subsequent rezone on the grounds that they did not know what the new property owner might put there, and they preferred it as a vacant or residential lot. However, through its analysis, staff found no grounds for preventing a change in use, as the change seems consistent with historical trends (most properties steadily becoming commercial on Mill Bay Road) and needs outlined in the compreh ensive plan. It may be noted that this lot, though zoned residential, has not been occupied for several years (suggesting it is not desirable as a residential lot) and surrounding property owners did not purchase the lot when it was for sale. AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 96 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-09 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: KIB Assembly 1 Requested by: Community Development Department 2 Drafted by: Community Development Department 3 Introduced on: 09/21/2017 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2018-09 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LOT 26A, U.S. SURVEY 3098 FROM R1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-12 BUSINESS DISTRICT (P&Z CASE NO. 17-029) 13 14 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 18 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 20 1968 Comprehensive Plan; and 21 22 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 24 25 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and after 27 report thereon by the commission and public hearing as required by law, amend, supplement, 28 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 29 30 WHEREAS, property owner James Cole applied for a rezone of this property on April 24, 31 2017; and 32 33 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 34 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; 35 and 36 37 WHEREAS, the Commission voted to recommend to the Borough Assembly that the site be 38 rezoned from R1-Single-family Residential District to B-Business District finding that the public 39 necessity, convenience, general welfare, and good zoning practice would be enhanced by such 40 action. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 43 BOROUGH THAT: 44 45 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 97 of 187 Kodiak Island Borough, Alaska Ordinance No. FY2018-09 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 46 Kodiak Island Borough Code of Ordinances. 47 48 Section 2: Lot 26A, U.S. Survey 3098 is hereby rezoned from R1-Single-family Residential 49 District to B-Business District. 50 51 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 52 support of their approval of this rezone. 53 54 1. The subject parcel is adjacent to property zoned B-Business. 55 2. The subject parcel is located along a commercial corridor in a residential area 56 surrounded by commercial and industrial uses. 57 3. The subject parcel is of sufficient area and capable of providing building sites for 58 commercial use. 59 4. This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land 60 Use Designation per Case No. 17-028. 61 5. This rezone is consistent with land use goals and policies identified in the 2008 62 Comprehensive Plan. 63 6. The Planning and Zoning Commission recommends that the Borough Assembly 64 approve this rezone. 65 66 Effective Date: This ordinance takes effect upon adoption. 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS __________ DAY OF _______________, 2017. 70 71 KODIAK ISLAND BOROUGH ATTEST: 72 73 74 ___________________________ ___________________________ 75 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 76 77 VOTES: 78 Ayes: 79 Noes: 80 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 98 of 187 _<__...5:Oo_m _uOmoxP8» xoemf>x083 mm”ommm:58.23:8.mqmwoam3_.2mm?Cm.9.23.88 :2:_?-m_:m_m-_um3__< _»mmEm::m_Quin.8m-w:m_:mmm0.3.2Ema3.89. 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H5 2::E2 .32. _Ao&m_¢>_mm_8 mama 2.25 God 25.3mm 3..God &m-m$m EE<<.xo&m_$x.cm AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 9 9 o f 1 8 7 AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 1 0 0 o f 1 8 7 Kodiak Island Borough Page 6 of 8 Planning and Zoning Commission Minutes August 16, 2017 Jim Cole, applicant, spoke in favor of his request. Close public hearing: Commission discussion FINDINGS OF FACT 1.The subject parcel is adjacent to properties with a Future Land Use Designation of Commercial. 2.The subject parcel is of sufficient area and capable of providing building sites for commercial use. 3.This Comprehensive Plan Amendment request is consistent with the land use goals and policies of the 2008 Comprehensive Plan and would be in line with long term development patterns along Mill Bay Road. 4.This amendment is necessary to allow for a subsequent rezone from R1-Single-family Residential to B-Business. 5.The Planning and Zoning Commission recommends that the Borough Assembly approve this Comprehensive Plan amendment. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-2. The ayes were COMMISSIONERS ARNDT, ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes were COMMISSIONERS SCHMITT and HATCH. E. CASE 17-029 (Postponed at the July 19, 2017 Regular Meeting). Request a rezone of Lot 26A, U.S. Survey 3098 from R1-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 SPALINGER MOVED to recommend that the Kodiak Island Borough Assembly approve the rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential District to B-Business District (KIBC 17.205), and to adopt the findings of fact listed in the staff report dated August 2, 2017 as “Findings of Fact” for Case 17-029. Staff reported there were no changes to the staff report. Staff recommends approval with a recommendation to the assembly for their approval. Open public hearing: None Close public hearing: FINDINGS OF FACT 1.The subject parcel is adjacent to property zoned B-Business. 2.The subject parcel is located along a commercial corridor in a residential area surrounded by commercial and industrial uses. 3.The subject parcel is of sufficient area and capable of providing building sites for commercial use. 4.This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land Use Designation per Case No. 17-028. 5.This rezone is consistent with land use goals and policies identified in the 2008 Comprehensive Plan. 6.The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. ROLL CALL VOTE ON MOTION CARRIED 5-2. The ayes were COMMISSIONERS ARNDT ALTENHOF, PAINTER, SPALINGER, and YOUNG. The noes were COMMISSIONERS SCHMITT and YOUNG. F. CASE 18-003. Request a Similar Use Determination finding that allowing two single- family dwellings on a single R3-Multifamily Residential District zoned lot is similar to allowing a two family dwelling on a single R3-Multifamily Residential District zoned lot AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 101 of 187 Image Overlay Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Image OverlayCase No. 17-029Applicant: James Cole A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential District to B-Business District (KIBC 17.205) 2180 2320 2318 2316 111 113 117 1 1 9 118 116 114115 112 110 2191 2230 25B 28 27B27A26B 26A 26C 26D 25E-1 24E 24-A2 24B 25A 25C 24-A1 MillBayRoad BancroftDrive 0 150 30075Feet ILegend Subject Parcel KIB Image Overlay Map I Date Created: 5/8/2017 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 102 of 187 KIB Location & Zoning Map Location & Zoning MapCase No. 17-029Applicant: James Cole A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business District (KIBC 17.205) USS 3 5 1 1 USS 3 0 9 8 USS 3 4 6 9 25B 12A 28 27B 11 27A26B 26A 26C 26D 25E-1 24E 24D24C 24-A2 24B 25A 25C 23 12 24-A1 2180 2320 2318 2316 111 113 117 1 1 9 122 120 118 116 114115 112 110 2191 2181 2230 Mill B a y R o a d Bancroft Drive Kodiak Island Borough GIShttp://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways Legend Subject Parcel I Zoning Legend B - Business LI -Light Industrial PL-Public Use Lands R1-Single-family Residential R2-Two-family Residential AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 103 of 187 STAFF REPORT AND RECOMMENDATION Case No. 17-029. A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business District (KIBC 17.205) (KIBC 17.205). DATE: August 2, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-029 APPLICANT: James Cole LOCATION: 110 Bancroft Drive LEGAL DSC: Lot 26A, U.S. Survey 3098 ZONING: R1-Single-family Residential FUTURE LAND USE DESIGNATION: Change to Commercial/Business pending results of Case No. 17-028 NOTICE: Twenty Seven (27) public hearing notices were mailed on March 6, 2017. Two public comment forms were received in with some concerns about the potential rezone/Comprehensive Plan amendment. One property owner across the street from the property called the Community Development office with some concerns about the corresponding rezone of this property. Additional materials were submitted at the July 19th 2017 Planning & Zoning Regular Meeting. SUPPLEMENTAL REPORT This case was postponed from the June 2017 and then July 2017 regular meetings with the aim of hearing from the applicant during the regular meeting process. The applicant is not required to provide comment or explain future plans of the site. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential District to B-Business District (KIBC 17.205), and to adopt the findings of fact listed in the staff report dated August 2, 2017 and entered into the record for this case as “Findings of Fact” for Case No. 17-029. AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 104 of 187 FINDINGS OF FACT (KIBC 17.205.020 A-C) 1.The subject parcel is adjacent to property zoned B-Business. 2.The subject parcel is located along a commercial corridor in a residential area surrounded by commercial and industrial uses. 3.The subject parcel is of sufficient area and capable of providing building sites for commercial use. 4.This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land Use Designation per Case No. 17-028. 5.This rezone is consistent with land use goals and policies identified in the 2008 Comprehensive Plan. 6.The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 105 of 187 AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 1 0 6 o f 1 8 7 Su b m i t t e d b y J a s o n W a g g o n e r a t t h e J u l y 1 9 , 2 0 1 7 P & Z R e g u l a r M e e t i n g AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 1 0 7 o f 1 8 7 AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 1 0 8 o f 1 8 7 AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 1 0 9 o f 1 8 7 AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 1 1 0 o f 1 8 7 STAFF REPORT AND RECOMMENDATION Case No. 17-029. A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business District (KIBC 17.205) (KIBC 17.205). DATE: July 6, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-029 APPLICANT: James Cole LOCATION: 110 Bancroft Drive LEGAL DSC: Lot 26A, U.S. Survey 3098 ZONING: R1-Single-family Residential FUTURE LAND USE DESIGNATION: Change to Commercial/Business pending results of Case No. 17-028 NOTICE: Twenty Seven (27) public hearing notices were mailed on March 6, 2017. Two public comment forms were received in with some concerns about the potential rezone/Comprehensive Plan amendment. One property owner across the street from the property called the Community Development office with some concerns about the rezone. SITE VISIT: May 15, 2017 1. Zoning History: Changed from Unclassified to R-1 by Ordinance No. 73-2-O. Many of the other parcels in U.S. Survey 3098 were rezoned from unclassified zoning to business zoning by Ordinances Nos. 80-11-O and 80-12-O 2. Lot Size: 11,978 square feet 3. Existing Land Use: Vacant lot with outdoor storage 4. Surrounding Land Use and Zoning: Adjacent properties are B-Business and R1-Single- family Residential District zoning, uses include vacant lots, storage, and single- family residences 5. Comprehensive Plan: Assigned a Future Land Use Designation of Public and Open Space by the 1968 Comprehensive Plan and Urban Residential by the 2008 Comprehensive Plan 6. Applicable Comprehensive Plan Future Land Use Designations: [Urban] Residential This designation allows for a variety of urban level residential uses. It is generally applied within incorporated cities and would allow for a mix of single-family and other types of housing including those allowed in the R1, R2, R3 and SRO zones. AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 111 of 187 Commercial/Business): This designation is intended for commercial uses allowed in the Borough’s Retail Business, Business and Urban Neighborhood Commercial zones, which would 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 (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 parcel (Case No. 17-028). The criteria provided in that staff report also apply to this rezone request. This case was postponed from the June 2017 regular meeting with the aim of hearing from the applicant during the regular meeting process. CONCLUSION If the preceding case requesting a Comprehensive Plan amendment to change this land use designation from Urban Residential to Commercial is successful, then this rezone will be consistent with the general 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. AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 112 of 187 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-family Residential District to B-Business District (KIBC 17.205), and to adopt the findings of fact listed in the staff report dated May 16, 2017 and entered into the record for this case as “Findings of Fact” for Case No. 17-029. FINDINGS OF FACT (KIBC 17.205.020 A-C) 1. The subject parcel is adjacent to property zoned B-Business. 2. The subject parcel is located along a commercial corridor in a residential area surrounded by commercial and industrial uses. 3. The subject parcel is of sufficient area and capable of providing building sites for commercial use. 4. This rezone is consistent with the 2008 Comprehensive Plan Commercial Future Land Use Designation per Case No. 17-028. 5. This rezone is consistent with land use goals and policies identified in the e 2008 Comprehensive Plan. 6. The Planning and Zoning Commission recommends that the Borough Assembly approve this rezone. AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 113 of 187 PU B L I C H E A R I N G I T E M 7 - G P& Z R E G U L A R M E E T I N G : J U N E 2 1 , 2 0 1 7 AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 1 1 4 o f 1 8 7 PU B L I C H E A R I N G I T E M 7 - G P& Z R E G U L A R M E E T I N G : J U N E 2 1 , 2 0 1 7 AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 1 1 5 o f 1 8 7 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us May 4, 2017, 2017 Public Hearing Item 7-E PUBLIC HEARING 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: 17-029 APPLICANT: James Cole AGENT: A Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business District (KIBC 17.205). REQUEST: 110 Bancroft Drive LOCATION: R1-Single-family Residential ZONING: 17-029 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 ssmith@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: PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 116 of 187 25B LOT 2 LOT 3 2 3 4 UNIT 1UNSU B D I V I D E D P O R T I O N 12A 29A 29B 28 27B 9 10 11 8 7 6 9A 10 10B 11A 11B 27A26B 26A 26C 26D 25E-1 24E 24D24C 24-A2 24B 25A 25C 23 21A 5 12 13 14 15 16 LOT 2 24-A1 !(1 DOG P O U N D 2310 2414 2160 2180 2320 2318 2316 111 113 117 1 1 9 122 120 118 116 114115 112 110 2410 2191 2171 2161 2155 114 2 2 0 2170 2180 2409 CIVIL A I R P A T R O L 2413 2105 2 1 3 5 2165 2195 2225 228 5 231 5 2100213 0 21 6 0 219 0 22 2 0 22 5 0 228 0 23 1 0 23 4 0 2390 2410 241 5 2430 243 5 2450 246 5 2470 23 7 0 2375 1 1 7 2181 2490 2230 BennyBensonDrive Unkn o w n East Re z a n o f D r i v e K o d i a k C o ll e g e D riv e MillBay Road Ban c r o f t D r i v e Unknown CityAirport Road Public Hearing Notice µ0 380 760190Feet Kodiak Island Borough GIS Case 17-029Location110 Bancroft DriveApplicantJames Cole Request a Rezone of Lot 26A, U.S. Survey 3098 from R1-Single-Family Residential District to B-Business District (KIBC 17.205). Legend Subject Parcel Notification Area http://www.kodiakak.us/gis (907) 486-9337 This map is provided for informational purposes only and is not intended for any legal representations. Community Development Department Access Roads Unconstructed Right of Ways PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 117 of 187 FIRST_NAME LAST_NAME MAIL_LINE_MAIL_LINE1 MAIL_CITY MAIL_STATE MAIL_ZIP KAVIK ANDERSON 113 BANCROFT DR KODIAK AK 99615 MARIA THERESA CABRERA PO BOX 8730 KODIAK AK 99615 CITY OF KODIAK PO BOX 1397 KODIAK AK 99615 SALLY L CROCETTI 118 BANCROFT DRIVE KODIAK AK 99615 ROBERT D DIERICH PO BOX 720 KODIAK AK 99615 WING P ENG 112 BANCROFT DR KODIAK AK 99615 KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK AK 99615 KODIAK COMMUNITY CHURCH PO BOX 784 KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 JACK LECHNER P.O. BOX 1616 KODIAK AK 99615 TOM MERRIMAN P.O. BOX 1155 KODIAK AK 99615 MIDTOWN HOLDINGS P.O. BOX 786 KODIAK AK 99615 MK ENTERPRISES, LLC PO BOX 2338 KODIAK AK 99615 CONSTANCE OLSEN PO BOX 322 KODIAK AK 99615 HOVERT M PASTOR 122 BANCROFT DRIVE KODIAK AK 99615 VERLIN PHERSON 114 BANCROFT DR KODIAK AK 99615 LELAND ROBBINS P.O. BOX 1426 KODIAK AK 99615 RICHARD ROHRER PO BOX 2219 KODIAK AK 99615 DEBORAH SMITH 116 BANCROFT DR KODIAK AK 99615 SONDACO, LLC PO BOX 2338 KODIAK AK 99615 JAMES STEVENS PO BOX 8593 KODIAK AK 99615 CHARLES J WAGGONER ETAL 1517 E REZANOF DRIVE KODIAK AK 99615 ANDREW WILLIAMS JR.115 BANCROFT KODIAK AK 99615 HUGH WISNER P.O. BOX 2783 KODIAK AK 99615 WOM AMER BAPTIST MISSION VALORIA CHEEK, ESQ PO BOX 851 VALLEY FORGE PA 19482 HELEN YNGVE PO BOX 9018 KODIAK AK 99615 JAMES COLE PO BOX 8372 KODIAK AK 99615 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AG E N D A I T E M # C . B . Or d i n a n c e N o . F Y 2 0 1 8 - 0 9 R e z o n i n g L o t 2 6 A , U . S . S u r v e y 3 0 9 8 F . . . Pa g e 1 1 8 o f 1 8 7 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 119 of 187 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 120 of 187 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 121 of 187 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 122 of 187 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 123 of 187 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 124 of 187 Kodiak Island Borough, Alaska Ordinance No. FY201X-XX Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold, Blue, Underlined Version 1 Introduced by: Community Development Department 1 Requested by: Community Development Department 2 Drafted by: Community Development Department 3 Introduced on: 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY201X-XX 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LOT 26A, U.S. SURVEY 3098 FROM R1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-12 BUSINESS DISTRICT (P&Z CASE NO. 17-029) 13 14 WHEREAS, as a second class borough, the Kodiak Island Borough exercises planning, 15 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 16 Statutes; and 17 18 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 19 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 20 1968 Comprehensive Plan; and 21 22 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance 23 with AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 24 25 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 26 general welfare or good zoning practice requires, the assembly may, by ordinance and after 27 report thereon by the commission and public hearing as required by law, amend, supplement, 28 modify, repeal or otherwise change these regulations and the boundaries of the districts”; and 29 30 WHEREAS, property owner James Cole applied for a rezone of this property on April 24, 31 2017; and 32 33 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 34 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request; 35 and 36 37 WHEREAS, the Commission voted to recommend to the Borough Assembly that the site be 38 rezoned from R1-Single-family Residential District to B-Business District finding that the public 39 necessity, convenience, general welfare, and good zoning practice would be enhanced by such 40 action. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 43 BOROUGH THAT: 44 45 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 125 of 187 Kodiak Island Borough, Alaska Ordinance No. FY201X-XX Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold, Blue, Underlined Version 1 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 46 Kodiak Island Borough Code of Ordinances. 47 48 Section 2: Lot 26A, U.S. Survey 3098 is hereby rezoned from R1-Single-family Residential 49 District to B-Business District. 50 51 Section 3: By this ordinance, the Borough Assembly adopts the following findings of fact in 52 support of their approval of this rezone. 53 1. The subject parcel is adjacent to property zoned B-Business. 54 2. The subject parcel is located along a commercial corridor in a residential area 55 surrounded by commercial and industrial uses. 56 3. The subject parcel is of sufficient area and capable of providing building sites 57 for commercial use. 58 4. This rezone is consistent with the 2008 Comprehensive Plan Commercial 59 Future Land Use Designation per Case No. 17-028. 60 5. This rezone is consistent with land use goals and policies identified in the 61 2008 Comprehensive Plan. 62 6. The Planning and Zoning Commission recommends that the Borough 63 Assembly approve this rezone. 64 65 Effective Date: This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 66 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 67 68 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 69 THIS __________ DAY OF _______________, 2017. 70 71 KODIAK ISLAND BOROUGH ATTEST: 72 73 74 ___________________________ ___________________________ 75 Daniel A. Rohrer, Mayor Nova M. Javier, MMC, Clerk 76 77 VOTES: 78 Ayes: 79 Noes: 80 AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 126 of 187 From:Kyle Crow To:Sara Mason Cc:Nova Javier Subject:Re: re case 17-028 & 29 Date:Tuesday, September 12, 2017 3:55:25 PM Attachments:image014.png image004.png Perfect. I have cc'd Nova so that she can provide these questions and answers to the rest of the assembly and mayor for their consideration. Thanks much Kyle Get Outlook for iOS _____________________________ From: Sara Mason <smason@kodiakak.us> Sent: Tuesday, September 12, 2017 3:19 PM Subject: RE: re case 17-028 & 29 To: Kyle Crow <kyle.crow@kibassembly.org> Kyle, Comments below. Sara Sara Mason Director Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 P: (907) 486-9360 F: (907) 486-9396 Email From: Kyle Crow [ Kyle Crow [mailto:kyle.crow@kibassembly.org] Sent: Tuesday, September 12, 2017 2:19 PM To: Sara Mason Subject: Re: re case 17-028 & 29 Sara, Thank you for responding. I appreciate your recommending I wait for the issue to come up during an assembly work session to ask questions and receive answers, to conserve staff time, however from my experience and perspective these types of questions are best asked and answered before then, otherwise the questions and answers often get frustratingly confusing, AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 127 of 187 delay the process, and can more negatively impact staff time. Others may not thoroughly consider the issues before hand and end up winging it which does not provide good and thoughtful consideration and the best possible solutions. With that in mind, I have a few additional questions and comments and I'd appreciate your reply. If you'd prefer I can rout these through the Manager. Bear in mind that there are two work sessions to talk about each rezone case. Most municipalities do not have work sessions prior to every regular meeting to do a packet review. Our packet reviews are to allow the Assembly to ask questions; hence why asking them at work sessions is very appropriate. Staff does not have control over whether elected or appointed officials thoroughly consider each item, but it is my hope that we don’t have anyone “winging it”, as that would seem to be a great disservice to the Borough’s voters. I’ve been advised that spending an appropriate amount of time (15-20ish minutes) addressing questions or engaging in conversation with individuals from boards and committees is fine, but anything beyond that or anything that is of significance (e.g. information that might prove useful to other committee members in formulating their stance) should be directed through the Clerk or Manager so that the information provided by this (or any other) department is provided to everyone. This is also the protocol for P&Z Commissioners, not just for our jurisdiction, but many others as well. (1) what is the "Screening Review process." Screening reviews are required per KIBC 17.90.050 and KIBC 17.105.060. P&Z must approve the type of screening (if any) for Mr. Cole’s lot prior to issuance of zoning compliance and subsequent building permits. It is within P&Z’s purview to include restrictions that limited access to Mill Bay Road. This item is scheduled as any other similar administrative request. (The form is available on our website.) (2) concerning an address change: businesses are on mill bay. Having a mill bay address makes it easier for customers to locate it. Having an address in an obscure residential neighborhood makes it more difficult to find. The current street address is associated with a residential neighborhood, and the street "front" of a lot determines its side and rear setback requirements. If you’d like to proposed the change, I’d encourage it. I just shared my thoughts on the matter. In regards to “front” lot lines… The front lot line as defined by code has nothing to do with the property’s address. The front lot line of a corner lot is defined in Title 17 as “the shortest street side of a corner lot”, which for this lot is Mill Bay Road. Also, if it is zoned B-Business there are no setback requirements, so determining which lot line is the “front” one doesn’t really serve a practical purpose. (3) I don't understand why rezoning with conditions, in cases like this, would be going down a "slippery slope", considering all of the factors and concerns and I see this as a possible solution that might be well received by all parties, and something that would benefit the entire community. For the sake of brevity, I’ll just say here that our code specifically allows for conditions to be placed on variances and conditional use permits. It does not have the same language for rezones. The larger conversation of conditional zoning and contract zoning is much more efficient to have in person, rather than spending an inordinate amount of time typing it. Thanks again Kyle AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 128 of 187 Get Outlook for iOS From: Sara Mason <smason@kodiakak.us> Sent: Tuesday, September 12, 2017 11:58:23 AM To: Kyle Crow Subject: RE: re case 17-028 & 29 Hi Kyle, I apologize for the delay. I had to prioritize my “to-do” list of deadlines before my vacation last week. My understanding is that there are curb cuts on Mill Bay for these properties and that the applicant ultimately intends to use them in order to create direct access to Mill Bay Road. Rezoning properties with specific conditions is a slippery slope. I think the issue of access to this particular property is most appropriately dealt with through the Screening Review process. In regards to the address… A long-standing address should really only ever be changed if there’s a conflict that arises for emergency responders, the postal service, etc. I’m not sure that there would be any real benefit. If there are any other questions, it’s probably best to just discuss them at the meeting, as the rest of the Assembly may also have these same questions and it’s a more efficient use of staff’s time to only answer them once. Sara Sara Mason Director Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 P: (907) 486-9360 F: (907) 486-9396 Email From: Kyle Crow [mailto:kyle.crow@kibassembly.org] Sent: Thursday, August 31, 2017 12:59 PM To: Sara Mason Subject: re case 17-028 & 29 Sara, I've received several emails and phone calls regarding case number 17-028 and 29, so I reviewed the packet and meeting minutes, and watched a USTREAM video recording of the 8/16/17 P&Z meeting. AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 129 of 187 I initially agreed with the staff recommendations and the decision of the P&Z commission, based on the assumption that access to any business development would be from the Mill Bay road frontage. However someone pointed out that access would be from Bancroft, which will draw business traffic into the cul-de-sac residential area, and this complicates the issue for me. Is it possible for the assembly to approve the rezone with a condition that the street address be changed to Mill Bay, and that access must be limited to that avenue? thereby protecting the residential neighborhood. Thanks Kyle AGENDA ITEM #C.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 130 of 187 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Appointment to the Providence Kodiak Island Medical Center Community Advisory Board (Major David Davis and Ms. Mary Jane Pediangco). ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to voice non-objection to the re appointments of Major David Davis and Ms. Mary Jane Pediangco to the Providence Kodiak Island Medical Center Community Advisory Board for terms to expire December, 2019. DISCUSSION: Per Contract No. 1997-07A: An advisory board meeting the requirements of 7AAC 13.030(a) will be appointed by Providence. One Assembly member shall be appointed by Providence as a full voting member of the advisory board, and Providence shall give the borough the opportunity for review and comment before appointments to the advisory board are made. On August 29, 2017 the Clerk's Office was notified of the following pending appointments to the Providence Kodiak Island Medical Center Community Advisory Board: Major David Davis and Ms. Mary Jane Pediangco for terms ending December, 2019. Major Davis' and Ms. Pediangco's bios are attached to this packet. Per the contract provision cited above, the Assembly is given the opportunity to comment before the appointments to the advisory board are made. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #D.A. Appointment to the Providence Kodiak Island Medical Center C...Page 131 of 187 Providence Kodiak Island Medical Center 1915 E Rezanof Dr Kodiak, AK 99615 907-486-3281 www.providence.org August 29th, 2017 Appointment of Community Advisory Board Member Nova Javier, The Providence Kodiak Island Medical Center, Community Advisory Board wishes to appoint Major David Davis and Mary Jane Pediangco to the board. Per the bylaws, all appointments must be voted on by the Borough Assembly. Thank you for your assistance. Warmly, Amy Belisle Board Liaison Executive Assistant to Barbara Bigelow Providence Kodiak Island Medical Center 907-486-9595 amy.belisle@providence.org AGENDA ITEM #D.A. Appointment to the Providence Kodiak Island Medical Center C...Page 132 of 187 Providence Kodiak Island Medical Center Community Advisory Board Membership Last Revised 8/21/2017 Name/Address Voting/Non- Voting Term Expiration Home Phone Work Phone Cell Phone Email Pat Branson-Chair 302 Erskine Kodiak, AK 99615 Voting 12/17 486-3641 486-6181 539-5720 scokinc@ak.net Barbara Bigelow, CEO 1915 E Rezanof Dr. Kodiak, AK 99615 Ex-Officio N/A 486-9596 907-821-1990 barbara.bigelow@providence.org Vacant/Open Voting 12/19 Carol Juergens, MD 1818 Rezanof Dr. Kodiak, AK 99615 Voting 12/18 486-5169 486-6065 654-5169 (last resort) kodiakcarol@gmail.com Vacant/Open Voting Ex-Officio Assembly Rep/Appointed by Mayor Gretchen Saupe PO Box 1194 Kodiak, AK 99615 Voting 12/18 486-3699 654-4358 (no text) glsaupe@yahoo.com Jerome Selby PO Box 1962 Kodiak, AK 99615 Voting 12/17 486-4833 486-4833 selbyglo@hotmail.com Ken Knowles PO Box 1934 Kodiak, AK 99615 Voting 12/17 486-6229 942-5900 light@gci.net Vacant/Open 12/19 Steve Honnold PO Box 157 Kodiak, AK 99615 Voting 12/17 486-1801 942-7763 sghonnold@gmail.com Alan Wolf, MD Chief of Staff Kodiak, AK 99615 Voting Ex-Officio 12/18 486-0486 486-9580 942-0247 alan.wolf@providence.org AG E N D A I T E M # D . A . Ap p o i n t m e n t t o t h e P r o v i d e n c e K o d i a k I s l a n d M e d i c a l C e n t e r C . . . Pa g e 1 3 3 o f 1 8 7 Providence Kodiak Island Medical Center Community Advisory Board Membership Last Revised 8/21/2017 Ex-Officio Jessica Cotton, Executive Director Kodiak Community Health Center 1911 E Rezanof Dr. Kodiak, AK 99615 Ex-Officio Non-Voting NA 481-5005 jcotton@kodiakchc.com Erin Bohner USCG Representative Rockmore King Clinic PO Box 195002 Kodiak, AK 99615 Ex-Officio Non-Voting NA 487-5757x107 erin.h.bohner@uscg.mil Andy Tueber, KANA Representative 3449 E Rezanof Dr. Kodiak, AK 99615 Ex-Officio Non-Voting NA 486-4205 486-9800x2801 andy.tueber@kanaweb.org AG E N D A I T E M # D . A . Ap p o i n t m e n t t o t h e P r o v i d e n c e K o d i a k I s l a n d M e d i c a l C e n t e r C . . . Pa g e 1 3 4 o f 1 8 7 Mary Jane Pediangco, CPA Mary Jane was born and raised in Kodiak. She is licensed as a Certified Public Accountant in the State of Alaska. She is a member of the American Institute of Certified Public Accountants and the Alaska Society of Certified Public Accountants. She graduated cum laude with her Bachelor of Business Administration in Accounting from University of Alaska, Anchorage in 1998. She has been with the firm Rieth, Pediangco & Co. (formerly George R. Rieth, CPA, PC) since 1998 and became part owner in 2005. She is dedicated to helping clients achieve business success through practical and sound tax and financial planning. She loves living in a place where your clients are your friends and your friends are your clients. In addition, she is also a certified group fitness instructor and has been teaching indoor cycling and weight based fitness classes at A Balanced Approach since 2006. In her spare times she loves to cook (mostly because she loves to eat!), drink good wine, entertain friends, go on hikes, and travel the world. AGENDA ITEM #D.A. Appointment to the Providence Kodiak Island Medical Center C...Page 135 of 187 Major Mike Dickinson DIVISIONAL COMMANDER ALASKA DIVISION ANDRECOX GENERAL JAMES KNA G GS TERRITORIALCOMMANDER Founded in 1865 by William Booth KODIAK CORPS 1855 MISSION RD. KODIAK ALASKA TEL:(907)486-8740 BIO FOR;Major DAVID M.DA W3, 5''’Current Assignment:Corps Officer,Kodiak Corgs Duties consist of Minister/Pastoral,Public Relations,Fundraising,Program Operations,Community Outreach,EDS (Emergency Disaster Services) ASDF Chaplain (Alaska State Defense Force) 4”‘Assignment: Chaplain,Oakland Adult RehabilitationCenter.(131 bed unit) Appointed on July 2"“2014 -2016 —2 year 3'“Appointment: Corps Officer,Longview Corps Longview WA.—-6 years (opened transitional housing)Emergency Disaster Team,Meal Kitchens 2"“Appointment: Corps Of?cers,Chico Corps &ARP,Chico CA.—1 year (opened Adult Rehabilitation Program) 15*Appointment: Kodiak Corps,Kodiak Alaska —9 years (opened transitional Housing) C.F.O.T.Builders of the Kingdom Session 1996 -—1998 (2 year seminary) Entered CFOT (College For Officer Training)from the Aberdeen Corps, Washington,Northwest Division Enrolled as a Soldier at the Aberdeen Corps (Aug.7"‘1994) Entered &Completed the Seattle ARC 6 month program 1993 (Adherent Nov.7”‘1993) Employed at The Salvation Army's Aberdeen Thrift Store in 1992 AGENDA ITEM #D.A. Appointment to the Providence Kodiak Island Medical Center C...Page 136 of 187 Personal Items: Ordained Minister &Commissioned Officer in 1998 CFOT -—AA degree is highest level of education. 10 years as Police &Fire Chaplain 5 years Volunteer —EMT 1/Emergency Medical Technician &Fire Fighter 10 years Providence Hospital Volunteer Chaplain 2 Years on Providence Hospital Advisory Board +Mental Health Ad.Board 7 years on the Safe Harbor Board of Directors dba (Council on Alcoholism) CISM —Team Member —Critical Stress Management courses Served in EDS response to Katrina re—upped to stay for the Rita storm. EDS Response -—served as Assistant Logistic Chief to the Haiti Earthquake American Legion SAL,Rotary,HAMRadio,Back Surgery ~2007 AS OF JULY 2016 Upon returning to Kodiak as a Corps Officer.I have regained several points of ministry with in the community.l serve as the Police Chaplain.The Fire Chaplain in both City &Borough Fire departments.i am a CISM team member again.I alsoserveinsharingtheinvocationboththeCitycouncilmeetingsandtheBorough assembly meetings.I had previously served as the Hospital Chaplain for 9 years. I am currently serving in those positions again.A new undertaking is a mentor for the on island Mentorship Program dba KAMP (Kodiak Area Mentor Program) Recent -PRIOR APPOINTMENT-Chaglain Oakland ARC,131 bed facilig Primary responsibilities of the Chaplain is the spiritual welfare of the bene?ciaries and staff team. (Currently that team contains the Administrator,Program Director,Chaplain, (clients/residents)Director of Special Services,Civilian Pianist,Resident Managers,AdministrativeTrainees) Together the team shares in the message,testimonies and music ministries provided in the Sunday and mid-week Chapel services and on special occasions. The Oakland ARC has a weekly Wednesday mid-week Chapel service. All mid-week services are mandatory.Two of those weeks are COMPLETION nights.(Average attendance on those two nights vary based on how many of our men are completing)—(average 125-130)visitors,alumni &staff added to house count. Sunday Morning Services. Senior 8.Adherent classes. The Oakland ARC provides Tuesday night Bible Study Currently we have 5 separate Bible study groups that take place at that time. Spiritual Counseling Generally the chaplain meets each of the new men in the lobby while they’re processing in as an initial contact.Then meet with them in an of?ce setting. AGENDA ITEM #D.A. Appointment to the Providence Kodiak Island Medical Center C...Page 137 of 187 Blue Text – verified voter registration Revised: 09/11/2017 MEMORANDUM TO : Kodiak Island Borough Assembly FROM : Nova M. Javier, MMC, Borough Clerk DATE : September 14, 2017 RE. : Regular Municipal Election – October 3, 2017 ========================================= Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough’s October 3, 2017 Regular Municipal Election. KODIAK NO. 1 PRECINCT NO. 820 KODIAK NO. 2 PRECINCT NO. 825 Chair Sandy Peotter Chair Esther Waddell Judge Doris Mensch Co-Chair Richard Waddell Judge Gloria Selby Judge Nita Nicolas Judge Donna Jones Judge Helen Williams Judge Jan Haaga Judge Carol Wandersee Judge Jan Chatto Judge George Cusick Judge Deanna Cooper Judge Doris Mensch Judge Marie Squartsoff MISSION ROAD PRECINCT NO. 830 FLATS PRECINCT NO. 810 Chair Alison Borton Chair Nicola Belisle Co-Chair Anita Sholl Co-Chair Robin Haight Judge Lorna Steelman Judge Sophie Frets Judge Lola M. Davis Judge Jessica Horn Judge David M. Davis Judge Pat Trosvig Judge Shirley Short CAPE CHINIAK PRECINCT NO. 800 LARSEN BAY PRECINCT NO. 815 Chair Teresa Stone Chair David Harmes Co-Chair Janice Botz Judge Kristin M. Andre Judge Alana Tousignant Judge Jane Petrich Judge Gretchen Patterson Judge Valen Norell Judge Sara Fish Alternate Joshua Hockmuth OLD HARBOR PRECINCT NO. 835 OUZINKIE PRECINCT NO. 840 Chair Frances French Chair Amber Panamarioff Campbell Co-Chair Justina Ignatin Judge Andrea Panamarioff Judge Neta A. Graves Judge Susana Bennett-Melendez Judge Sharon Andrewvitch Judge Summer Panamarioff PORT LIONS PRECINCT NO. 845 CANVASS BOARD Chair Judith Clayton Nancy Frost Kate Loewen Co-Chair Roberta Angel Sanders Randy Busch Sally Haldewang Judge Cassey Rowland Judge Marilyn Nelson RECEIVING BOARD Susan Norton Marya Nault Brandi Wagner Mary Forbes ACCUVOTE TEAM ABSENTEE VOTING OFFICIALS Borough Clerk’s Staff Kerry Wood Clerk’s Office City Clerk’s Staff Keshia Javier Clerk’s Office Roy Rastopsoff Akhiok Kathryn Reft Karluk AGENDA ITEM #D.B. Approval of the October 3, 2017 Regular Municipal Election W...Page 138 of 187 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Approval of the October 3, 2017 Regular Municipal Election Workers ORIGINATOR: Karen Siador RECOMMENDATION: Move to appoint the election officials in each precinct for the upcoming October 03, 2017 Municipal Election as listed in the memo submitted by the Borough Clerk. DISCUSSION: Per KIBC 7.30.010 Election Officials, The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship. It would be impossible to conduct the elections without the dedication and skills of the 60 plus volunteers listed in the memo before the Assembly. The election judges and clerks, receiving team, and canvas board deserve appreciation for their commitment to the voters of the Kodiak Island Borough. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #D.B. Approval of the October 3, 2017 Regular Municipal Election W...Page 139 of 187 Blue Text – verified voter registration Revised: 09/08/2017 MEMORANDUM TO : Kodiak Island Borough Assembly FROM : Nova M. Javier, MMC, Borough Clerk DATE : September 14, 2017 RE. : Regular Municipal Election – October 3, 2017 ========================================= Pursuant to KIB 7.30.010, I respectfully request approval of the individuals who have volunteered to serve as election workers for the Borough’s October 3, 2017 Regular Municipal Election. KODIAK NO. 1 PRECINCT NO. 820 KODIAK NO. 2 PRECINCT NO. 825 Chair Sandy Peotter Chair Esther Waddell Co-Chair Linda Sutton Co-Chair Richard Waddell Judge Doris Mensch Judge Nita Nicolas Judge Gloria Selby Judge Helen Williams Judge Rhaylene Abbey Judge Carol Wandersee Judge Jan Haaga Judge George Cusick Judge Jan Chatto MISSION ROAD PRECINCT NO. 830 FLATS PRECINCT NO. 810 Chair Alison Borton Chair Nicola Belisle Co-Chair Anita Sholl Co-Chair Robin Haight Judge Lorna Steelman Judge Sophie Frets Judge Lola M. Davis Judge Jessica Horn Judge David M. Davis Judge Pat Trosvig Judge Shirley Short CAPE CHINIAK PRECINCT NO. 800 LARSEN BAY PRECINCT NO. 815 Chair Teresa Stone Chair David Harmes Co-Chair Janice Botz Judge Kristin M. Andre Judge Alana Tousignant Judge Jane Petrich Judge Gretchen Patterson Judge Valen Norell Judge Sara Fish Alternate Joshua Hockmuth OLD HARBOR PRECINCT NO. 835 OUZINKIE PRECINCT NO. 840 Chair Frances French Chair Amber Panamarioff Campbell Co-Chair Justina Ignatin Judge Andrea Panamarioff Judge Neta A. Graves Judge Susana Bennett-Melendez Judge Sharon Andrewvitch PORT LIONS PRECINCT NO. 845 CANVASS BOARD Chair Judith Clayton Nancy Frost Kate Loewen Co-Chair Roberta Angel Sanders Randy Busch Sally Haldewang Judge Cassey Rowland Judge Marilyn Nelson RECEIVING BOARD Susan Norton Marya Nault Brandi Wagner Mary Forbes ACCUVOTE TEAM ABSENTEE VOTING OFFICIALS Borough Clerk’s Staff Kerry Wood Clerk’s Office City Clerk’s Staff Roy Rastopsoff Akhiok Kathryn Reft Karluk AGENDA ITEM #D.B. Approval of the October 3, 2017 Regular Municipal Election W...Page 140 of 187 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Appointment to the Solid Waste Advisory Board Business Representative Seat (Mr. Levi Fehrs). ORIGINATOR: Karen Siador RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Levi Fehrs to the Solid Waste Advisory Board Business Representative Seat to expire December 2018. DISCUSSION: There is currently a vacancy on the SWAB Board Retail Business Representative seat. This seat has been vacant since August 2014. An application was received from Mr. Levi Ferhs on August 18, 2017 for this seat (see attached). ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #D.C. Appointment to the Solid Waste Advisory Board Business Repre...Page 141 of 187 AG E N D A I T E M # D . C . Ap p o i n t m e n t t o t h e S o l i d W a s t e A d v i s o r y B o a r d B u s i n e s s R e p r e . . . Pa g e 1 4 2 o f 1 8 7 AG E N D A I T E M # D . C . Ap p o i n t m e n t t o t h e S o l i d W a s t e A d v i s o r y B o a r d B u s i n e s s R e p r e . . . Pa g e 1 4 3 o f 1 8 7 AG E N D A I T E M # D . C . Ap p o i n t m e n t t o t h e S o l i d W a s t e A d v i s o r y B o a r d B u s i n e s s R e p r e . . . Pa g e 1 4 4 o f 1 8 7 Revision Date: 8/4/2017 Revised by: KS SOLID WASTE ADVISORY BOARD E/F DIRECTOR, BOB TUCKER 486-9343 btucker@kodiakak.us E/F SECRETARY, JENNY CLAY 486-9343 jclay@kodiakak.us ENGINEERING & FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Jennifer Culbertson PO Box 8837 Kodiak, AK 99615 2017 512-6380 512-6380 inezjen@hotmail.com Steven Neff 3240 Lake View Drive Kodiak, AK 99615 2019 486-2033 573-247-6064 swneff@gmail.com Jeff Stewart PO Box 868 Kodiak, AK 99615 2019 486-2972 SAME 942-1935 misty-isle@alaskan.com Nathan Svoboda 389 Neva Way Kodiak, AK 99615 2019 486-1880 907-202-1837 nathan.svoboda@alaska.gov Nick Szabo (Chair) PO Box 1633 Kodiak, AK 99615 2018 486-3853 654-3853 herschel@gci.net Construction Business Representative Scott Arndt (Vice Chair) PO Box 76 Kodiak, AK 99615 2018 481-3745 481-3333 414-791-3745 Call instead of email Retail Business Representative Vacant 2018 NON-VOTING EX-OFFICIOS Assembly Representative Dennis Symmons PO Box 8597 Kodiak, AK 99615 654-1045 dennis.symmons@kibassembly.org KIB Staff Representative Bob Tucker 486-9357 btucker@kodiakak.us U.S.C.G. Representative Jennifer N. Nutt, Environmental Division Chief Base Kodiak 487-5320 x6698 487-5494 (Fax) jennifer.n.nutt@uscg.mil City of Kodiak Representative Mark Kozak 2410 Mill Bay Road Kodiak, AK 99615 486-8060 486-8066 (fax) mkozak@city.kodiak.ak.us This board is governed by Kodiak Island Borough Code 2.145 AGENDA ITEM #D.C. Appointment to the Solid Waste Advisory Board Business Repre...Page 145 of 187 Kodiak Island Borough If you have anyquestions about Borough activities, please call the Borough Clerk’sOffice at 486-9310. Additional information is available on the borough’sweb site at www.kodiakak.us. Visit our website at www.kodiakak.us. Follow us on Tw itter: @KodiakBorough LIKE us on Facebook: www.facebook.com/ KodiakIslandBorough NOTICEOFVACANCIES Applications arebeingacceptedfor the following Boards, Committees,and Commissionsseats that are CURRENTLY VA CANT: •Borough LandsCommittee o1ANCSA Representative Seat •Kodiak Workforce Regional Advisory Council o1Agricultureand NaturalResources Seat o1Architecture,Construction,and Engineering Seat o1Health and Sports FitnessSeat •Parks and Recreation Committee –1Seat •Personnel Advisory Board–2Seats •SolidWaste Advisory Board o1Retail BusinessRepresentative Seat SERVICE AREA BOARD VACANCIES •Monashka Bay RoadService Area Board–1Seat Qualifications:In addition to any other qualifications required by borough code,members: A.Shall be aqualified voter of the borough;and B.Shall remain aresident of the borough while in office. C.Service Area Boardapplicants must be residents of the service area. Allboards and committees serve in an advisory capacity to the Assembly.Ifyou areinterested in serving on one or moreof these boards,you may fill out the onlineapplicationatwww. kodiakak.us –BoardVacancies and Applicationpage,or stop by the Borough Clerk’sOffice,710 MillBay Road,Room 234. Please call 486-9310 with any questions. K0 0 0 5 4 3 5 9 AGENDA ITEM #D.C. Appointment to the Solid Waste Advisory Board Business Repre...Page 146 of 187 September 22, 2017 Chairman John Jensen Alaska Board of Fisheries Boards Support Section P.O. Box 115526 Juneau, Alaska 99811-5526 Submitted electronically to: dfg.bofcomments@alaska.gov Re: Comments regarding Agenda Change Request #11 Dear Chairman Jensen and Members of the Board of Fisheries: The Kodiak Management Area (KMA) salmon fisheries, with over a one hundred year history, are the oldest mixed stock fisheries in Alaska. The harvests in the KMA are not new nor expanding, and harvest patterns have not recently changed. Therefore, both the Kodiak Island Borough and the City of Kodiak strongly oppose all aspects of Agenda Change Request #11, and join Kodiak salmon fishery stakeholders and supporters in urging the Board of Fisheries to deny the request to consider this proposal out of cycle. The requirements that must be met for the Board of Fisheries to accept Agenda Change Requests are restricted to three key criteria: meaningful new information; conservation concerns; and errors or mistakes in regulations. Finfish managers in the Alaska Department of Fish and Game (ADF&G) have for decades known that sockeye bound for Cook Inlet have been a component of salmon harvests in the KMA. Therefore, ADF&G managers have incorporated this biological fact into the KMA’s management plans, and the existing, historic, and traditional harvest of sockeye in the KMA reflect this established precedent. Furthermore, recent genetic studies do not reflect new knowledge; rather, they corroborate this well-known facet of salmon management in Kodiak. Therefore, the information presented in January within the Genetic Stock Composition report (FMS 16-10) should not trigger abrupt consideration of management changes nor be permissible for acceptable Agenda Change Requests. Kodiak Island Borough 710 Mill Bay Road, Rm. 101 Kodiak, AK 99615 907.486.9310 City of Kodiak 710 Mill Bay Road, Rm. 220 Kodiak, AK 99615 907.486.8636 AGENDA ITEM #D.D. Assembly Approval Of A Letter Addressed To The Board Of Fish...Page 147 of 187 Any sudden change to the KMA’s management plan based on information that has been readily available for many years would be disruptive, and potentially catastrophic to the thousands of individuals and families whose livelihood depends on responsible and stable salmon management in the KMA. The economies of the City of Kodiak as well as the rural, urban, and village communities of the Kodiak Island Borough are already struggling with downturns in fisheries markets as well as general and acute uncertainties with local, State, and Federal budgets. Any curtailment of KMA salmon harvests would have a direct and negative impact to our entire Borough in this tenuous economic climate. At the recent meeting of the City and Borough’s Kodiak Fisheries Work Group, harvesters asked for our support to respectfully request the Board of Fisheries to not take up any hasty reactions stemming from this recent genetic study, and instead work towards the continuation of balanced and science-driven approaches. Agenda Change Request #11 will completely disrupt the well-established and well-managed allocative balance between the Kodiak Archipelago’s purse seiners and gillnetters by eliminating fishing opportunities for the seine fleet and drastically reducing opportunities for gillnetters. Consequently, the entire KMA and its decades of fine-tuned management will be overturned. Changes in one management district will impact all other parts of the Kodiak area. The Board should avoid creating management chaos because of incomplete genetic assessments that are not new information and do not indicate any conservation concerns. It is important and a matter of public policy that the Board of Fisheries maintains its 3-year schedule, and we in Kodiak’s communities look forward to discussing this issue and other salmon fisheries topics at the Board’s already-scheduled meeting in January 2020. As such, we are adamantly opposed to arbitrarily changing publicly noticed and established meeting cycles to take up an issue not based on scientific nor management merit. All of our communities in Kodiak are salmon-dependent communities, and decades of effective State management have maintained healthy returns that contribute to the backbone of our Archipelago’s economy. Please remember these comments as you consider this issue, and thank you for your continued support of the people of Kodiak and your public service. Sincerely, Daniel A. Rohrer, Mayor Pat Branson, Mayor Kodiak Island Borough City of Kodiak AGENDA ITEM #D.D. Assembly Approval Of A Letter Addressed To The Board Of Fish...Page 148 of 187 KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 21, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Assembly Approval Of A Letter Addressed To The Board Of Fisheries Regarding Massive Changes To Kodiak Salmon Fishery Management Proposed In Agenda Change Request #11. ORIGINATOR: RECOMMENDATION: This is a joint letter recommended by the Kodiak Fisheries Work Group for a joint approval of the Borough Assembly and Kodiak City Council. This was also discussed jointly by both bodies during their September 13, 2017 Joint Work Session. The letter is in draft form as of September 13 and a final version of the letter will be provided before the September 21, 2017 regular meeting. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #D.D. Assembly Approval Of A Letter Addressed To The Board Of Fish...Page 149 of 187 September ______, 2017 Chairman John Jensen Alaska Board of Fisheries Boards Support Section P.O. Box 115526 Juneau, AK 99811-5526 Can be emailed to <dfg.bof.comments@alaska.gov> Dear Chairman Jensen: The Kodiak Island Borough and the City of Kodiak recognize and value the enormous economic contribution as well as the social and cultural importance of the historic Kodiak salmon fishery. The massive changes to Kodiak salmon fishery management proposed in Agenda Change Request (ACR) #11 to the Board of Fisheries (BOF) from the Upper Cook Inlet Drifters Association (UCIDA) would decimate the fishery, and cause great and unnecessary damage to harvesters, processors and the community. The Borough and the City strongly oppose all aspects of ACR #11, and join Kodiak salmon fishery stakeholders and supporters in urging the Board of Fisheries to deny the request to take up this proposal out of cycle. The requirements that must be met for the BOF to accept ACR’s are restricted to three criteria: meaningful new information, conservation concerns, and mistakes in regulations. ACR #11 meets none of these criteria, and must be rejected. UCIDA’s ACR proposal would make wholesale and unwarranted changes to harvest management in multiple areas around Kodiak, setting caps to limit sockeye harvests by week and by season. These caps are unsupported by harvest data or biology. In addition to negatively affecting harvester and community revenues, these restrictive caps would disrupt the carefully developed Kodiak management system for pink and chum salmon as well as for sockeye salmon. Kodiak’s commercial salmon fishery has existed since 1882, over 135 years. The salmon fishery continues to support one of the largest and most diversified fishing regions in the nation. The Kodiak salmon harvesting sector includes seine and set AGENDA ITEM #D.D. Assembly Approval Of A Letter Addressed To The Board Of Fish...Page 150 of 187 gillnet participants Island-wide, many of them in multi-generational operations. The proposed harvest caps in ACR #11 would negatively affect the livelihoods of hundreds of families who have invested and continue to invest in a fishery based on current regulations. The proposed fishing limits would essentially set an upper boundary on a season’s harvest, regardless of the strength of the local Kodiak returns. Such a limitation would devastate family fishing businesses, as well as processing companies, processing workers and support businesses in the Island communities. Kodiak Island has six rural villages that depend entirely on fishery-related opportunities and revenue for their survival. It is important to note that the fishing skippers and crewmen resident in these communities plan on enjoying the benefits from the “good” or high production seasons to carry them through the lean years. A quota system as suggested by ACR#11 would put a cap on fishing opportunities during years when local stocks are abundant and thereby eliminate the economic buffer that has allowed these communities to survive over the past century of commercial fisheries. This important reality also applies to many salmon fishermen in the lower catch/earnings strata. Simply stated, capping earning opportunities when local stocks are abundant will put them out of business. ACR#11 will completely disrupt the lives of Kodiak’s salmon fishermen and the allocative balance between Kodiak purse seiners and Kodiak gillnetters. The proposal eliminates fishing opportunities for all of the seine fleet and for some of the gillnet fleet. Consequently, Kodiak gillnet fishermen will be pitted against one another with some sites being closed to fishing based on newly-drawn arbitrary boundaries and some sites improved because their neighbor is closed. Moreover, seine fishermen will be pitted against all of the gillnet fleet in that they would be displaced to areas that disproportionally impact gillnet fishermen. In other words, the entire Kodiak Management Area would be turned upside down simply to accommodate the Cook Inlet claim to fish that are to be managed as “common property” for all Alaskan fishermen. Harvest reductions would mean reduced deliveries of fish to processing plants in the City of Kodiak and outlying areas. Several processing plants have participated in the Kodiak salmon fishery for more than 100 years, including the plant in Alitak Bay currently owned and operated by Ocean Beauty Seafood, and the one in Larsen Bay currently owned and operated by Icicle Seafoods. These plants continue to operate because of the long-established seine and AGENDA ITEM #D.D. Assembly Approval Of A Letter Addressed To The Board Of Fish...Page 151 of 187 setnet harvesters nearby, and provide needed employment in remote areas. The magnitude of the contribution of salmon fisheries to the Kodiak area cannot be overemphasized. As an example, in 2014, salmon was the most valuable fishery for Kodiak. Salmon ex-vessel value to the fishermen was $49 million, with 66 million pounds landed. The first wholesale value to the processors was $116 million. Salmon harvesters have made an average of $44 million a year for the last ten years. Importantly, for every one million pounds of salmon landed, local labor income is $900,000, and for every $1 million paid to fishermen, local labor income is $1.22 million. The salmon fishery also provides revenue to the community through raw fish tax, an average of _____ over the last ___ years. In addition, recreational salmon fishing makes a large and growing contribution to the Kodiak economy. Subsistence salmon harvesting is a cornerstone of the Kodiak region’s coastal culture. The Kodiak management system has long been successfully conserving local salmon stocks, while recognizing that mixed-stock fisheries are a feature of the Kodiak Management Area. Cook Inlet-bound sockeye have been a part of Kodiak fisheries for as long as data has been collected, in varying degrees by year and location. The Kodiak Management Area is expertly managed for optimum yield and escapement into the Island’s salmon systems, while recognizing the presence of mixed stocks. Managing Kodiak fisheries strictly for stocks bound for other areas would disrupt this careful balance. ADF&G has done decades of research on what causes the changing and unpredictable mixing of stocks: run strength and timing in both Cook Inlet and Kodiak, timing of fishery openings, regional weather and ocean conditions. The contention in the ACR that the recent Kodiak sockeye salmon harvest genetic study provided “new information” is false. . Thank you for your consideration of the Kodiak communitys’ concerns about this unsubstantiated challenge to Kodiak salmon fisheries and the region’s way of life. Sincerely, Signatures AGENDA ITEM #D.D. Assembly Approval Of A Letter Addressed To The Board Of Fish...Page 152 of 187 AG E N D A I T E M # A . A . Ko d i a k F i s h e r i e s D e v e l o p m e n t A s s o c i a t i o n R e g u l a r M e e t i n g M i n . . . 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A . Ko d i a k F i s h e r i e s D e v e l o p m e n t A s s o c i a t i o n R e g u l a r M e e t i n g M i n . . . Pa g e 1 6 8 o f 1 8 7 AG E N D A I T E M # A . A . Ko d i a k F i s h e r i e s D e v e l o p m e n t A s s o c i a t i o n R e g u l a r M e e t i n g M i n . . . Pa g e 1 6 9 o f 1 8 7 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 August 31, 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 was the installation contractor. AIM completed the playgrounds at Akhiok and Old Harbor in August 2017, and all the new playgrounds are now completed. Staff is now working on gathering closeout documentation. 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 was split into two phases: Phase 1 is renovation of existing restrooms and occurred this past summer, and Phase 2 will be hazardous material abatement and installation of new flooring, cabinets, New Akhiok School Playground New Old Harbor School Playground AGENDA ITEM #B.A. August 2017 Projects Reports, Change Order Report, Budget Re...Page 170 of 187 Project Status Report – August 2017 Page 2 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 and was substantially complete as of August 21, 2017. There are still some punch list corrections that need to be completed, and closeout of the project is now underway. The design for Phase 2 is also being completed, and will be issued for bid in fall 2017. New Fixtures New Fixtures/Partitions 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. The fire alarm system was completed and approved by the City of Kodiak Fire Chief on August 16, 2017 and the elevator was completed and approved by the State of Alaska Elevator Inspector on August 17, 2017. The controls system was substantially complete prior to the start of school on August 28, 2017 although it will likely take several more weeks to fine tune the system now that the building is fully occupied. Once the controls system and all punch list items are completed staff will start working on closing out the project. BALER BUILDING EXTERIOR IMPROVEMENTS 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 100% New Drinking Fountain New Fire Alarm Panel New Controls Panel New Elevator Finishes AGENDA ITEM #B.A. August 2017 Projects Reports, Change Order Report, Budget Re...Page 171 of 187 Project Status Report – August 2017 Page 3 documents are scheduled to be complete in early September 2017, and 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 Wolverine Supply is the contractor. Wolverine struggled to get the required shop drawings and submittals from their vendors, and did not start demolition of the existing walkway until August 9, 2017. As of August 31, 2017, the walkway has been demolished and the existing steel structure repainted. Installation of new steel and treated wood for the walkway is scheduled to occur during September 2017. The final schedule for installation of new railings is still pending. 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. The concrete pad was completed by Friend Contractors LLC in July 2017 and the generator was installed by Local Electric in August 2017. Startup and testing is scheduled for the second week of September 2017. UST 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.) Jensen Yorba Lott is the architect for this project, and submitted 65% drawings and specifications at the end of July 2017. These were reviewed and approved by the Architectural/Engineering Review Board on August 1, 2017, and JYL is now working on 95% documents. The project is scheduled to be issued for bid in fall 2017 with construction scheduled for summer 2018. PAVING AND UST REPLACEMENT – PETERSON/KMS 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. Jensen Walkway Demolition Underway Steel Framework Remaining Painting of Existing Steel AGENDA ITEM #B.A. August 2017 Projects Reports, Change Order Report, Budget Re...Page 172 of 187 Project Status Report – August 2017 Page 4 Yorba Lott is the architect for this project, and submitted 65% drawings and specifications at the end of July 2017. These were reviewed and approved by the Architectural/Engineering Review Board on August 1, 2017, and JYL is now working on 95% documents. The project is scheduled to be issued for bid in fall 2017 with construction scheduled for summer 2018. AGENDA ITEM #B.A. August 2017 Projects Reports, Change Order Report, Budget Re...Page 173 of 187 BUDGET EXPENSES OBLIGATED REMAINING Baler Building Exterior Improvements 565,000$ 45,800$ 16,146$ 503,055$ East Elementary Interior Renovation 1,592,841$ 479,572$ 80,089$ 1,033,180$ KMS Fire Alarm, Controls, Elevator 2,035,193$ 1,118,126$ 332,261$ 584,806$ Main Elementary Walkway 347,500$ 30,797$ 280,164$ 36,540$ Paving (KMS/Peterson) and UST Replacement (KMS)1,797,829$ 62,775$ 55,120$ 1,679,935$ Playground Replacements 879,440$ 666,190$ 175,617$ 37,634$ UST Replacements - Main, Old Harbor, Port Lions 577,375$ 27,347$ 38,209$ 511,819$ Village Flooring - Akhiok, Karluk, Ouzinkie 403,489$ 384,661$ 17,994$ 834$ Funding: General Obligation Bonds ($403,489). Bonds are eligible for reimbursement by the State of Alaska. Funding: General Obligation Bonds ($1,592,841). Bonds are eligible for reimbursement by the State of Alaska. Funding: General Obligation Bonds ($2,035,193). Bonds are eligible for reimbursement by the State of Alaska. Funding: General Obligation Bonds ($829,440), Designated Legislative Grant ($50,000). Bonds are eligible for reimbursement by the State of Alaska. Funding: Solid Waste Enterprise Fund ($565,000). Funding: Fund 220 Buildings and Grounds ($347,500). Funding: General Obligation Bonds ($577,375). Bonds are eligible for reimbursement by the State of Alaska. Funding: General Obligation Bonds ($1,797,829). Bonds are eligible for reimbursement by the State of Alaska. Kodiak Island Borough Project Budget Status PROJECT Period Ending August 31, 2017 AG E N D A I T E M # B . A . Au g u s t 2 0 1 7 P r o j e c t s R e p o r t s , C h a n g e O r d e r R e p o r t , B u d g e t R e . . . Pa g e 1 7 4 o f 1 8 7 Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 Change Orders – August 2017 To: Michael Powers, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending August 30, 2017 Below is a summary of approved change orders for capital projects for August 2017: Flooring Replacement – Akhiok, Karluk, Ouzinkie Environmental Contracting Solutions, Inc. – Contract 2017-23 Change Order #02 – $27,938.00 1) The contract included a unit cost of $12/sf for 1,600 sf of asbestos abatement at Ouzinkie School. Additional asbestos containing materials were discovered making the total abatement completed 1,900 sf. The unit cost applies to this additional work. 300 sf x $12/sf = $3,600 2) Additional scope items at Ouzinkie School: $24,338.00 • An additional layers of material were discovered under existing flooring and had to be removed as hazardous materials • Rooms R16, R17, and 134 had existing carpeting on the walls. After removal it was necessary to install new drywall to make up difference in wall thickness. • A platform was created at main entry to accommodate difference in floor thicknesses KMS Fire Alarm, Controls, HVAC Wolverine Supply – Contract 2017-27 Change Order #04 - $6,008.98 RFP 006– Provide and install new circulation pump and bypass loop for AHU-701. The existing pump indicated on the drawings had been removed prior to the start of the project. $3,091.17 RFP 008 – Install owner-provided hot water mixing valve to replace existing pneumatic mixing valve. $2,917.81 AGENDA ITEM #B.A. August 2017 Projects Reports, Change Order Report, Budget Re...Page 175 of 187 A B C D E F G Project Budget Original Project Contingency Remaining Project Contingency Construction Budget Original Construction Contingency Remaining Construction Contingency Total Remaining Contingency (C+F) Baler Building Exterior Improvements 565,000$ -$ -$ 452,000$ -$ -$ -$ East Elementary Interior Renovation 1,592,841$ 64,750$ 49,951$ 1,294,993$ 46,179$ -$ 49,951$ KMS Fire Alarm, Controls, Elevator 2,035,193$ 82,064$ 82,064$ 1,641,285$ 574,285$ 388,570$ 470,634$ Main Elementary Walkway 347,500$ 27,800$ 27,800$ 278,000$ -$ -$ 27,800$ Paving and UST Replacement (Peterson/KMS)1,797,829$ 73,682$ 73,682$ 1,473,630$ -$ -$ 73,682$ Playground Replacements 879,440$ -$ -$ 815,962$ 17,107$ 17,107$ 17,107$ UST Replacements - Main, Old Harbor, Port Lions 577,375$ 22,398$ 22,398$ 447,952$ -$ -$ 22,398$ Village Flooring - Akhiok, Karluk, Ouzinkie 403,489$ 15,979$ 139$ 339,574$ 9,663$ -$ 139$ Kodiak Island Borough Project Budget amounts include the Construction Budget amount. For example the Project Budget of $2,035,193 for the KMS Fire Alarm, Controls, Elevator project includes the $1,641,285 budget for construction. Construction Contingency and Project Contingency amounts are separate and combined to equal the total contingency available for a project. Project Projects without a Construction Contingency have not been put out for bid. Once bids are received and a contract awarded for these projects Construction Contingency will be the difference between the budget and the contract amount. Project and Contingency Budget Detail Period Ending August 31, 2017 AG E N D A I T E M # B . A . Au g u s t 2 0 1 7 P r o j e c t s R e p o r t s , C h a n g e O r d e r R e p o r t , B u d g e t R e . . . Pa g e 1 7 6 o f 1 8 7 Start Finish Flooring Replacement - Main and Peterson Oct 2015 Sep 2016 100%Completed 813,498$ -$ 813,498$ (586,882)$ -$ 226,616$ Peterson Elementary Boilers and Controls Oct 2015 Sep 2016 100%Completed 1,019,428$ -$ 1,019,428$ (826,995)$ (7,442)$ 184,991$ Roofing Replacement - East and KMS Jan 2016 Sep 2016 100%Completed 1,367,248$ (206,341)$ 1,160,907$ (822,526)$ -$ 338,381$ Playground Replacement May 2016 Sep 2017 90%Construction completed, closeout underway 668,099$ 211,341$ 879,440$ (666,190)$ (175,617)$ 37,634$ East Elementary School Renovations Jun 2016 Sep 2018 50% Phase 1 construction completed, closeout underway; Phase 2 construction scheduled for summer 2018 1,592,841$ -$ 1,592,841$ (479,572)$ (80,089)$ 1,033,180$ KMS Fire Alarm, HVAC, and Elevator Controls Jun 2016 Sep 2017 90%Construction completed, closeout underway 2,035,193$ -$ 2,035,193$ (1,118,126)$ (332,261)$ 584,806$ Flooring Replacement - Akhiok, Karluk, Ouzinkie Jun 2016 Sep 2017 95%Construction completed, closeout underway 383,489$ 20,000$ 403,489$ (384,661)$ (17,994)$ 835$ Paving and UST Replacement - KMS and Peterson Feb 2017 Sep 2018 5%Design underway, bidding planned for fall 2017, construction planned for summer 2018 1,797,829$ -$ 1,797,829$ (62,775)$ (55,120)$ 1,679,935$ UST Replacement - Main, Old Harbor, Port Lions Feb 2017 Sep 2018 5%Design underway, bidding planned for fall 2017, construction planned for summer 2018 552,375$ 25,000$ 577,375$ (27,347)$ (38,209)$ 511,819$ TOTAL 10,230,000$ 50,000$ 10,280,000$ (4,975,073)$ (706,731)$ 4,598,196$ Status Original Budget Current Budget Expenses% Complete Adjustment Kodiak Island Borough 2014 Bond Projects Summary Period Ending August 31, 2017 ScheduleProject Obligated Remaining AG E N D A I T E M # B . A . Au g u s t 2 0 1 7 P r o j e c t s R e p o r t s , C h a n g e O r d e r R e p o r t , B u d g e t R e . . . Pa g e 1 7 7 o f 1 8 7 I 11— Kodiak Island Borough 710 Mill Bay Road, Rm. 101 Kodiak, AK 99615 907.486.9310 September 22, 2017 Chairman John Jensen Alaska Board of Fisheries Boards Support Section P.O. Box 115526 Juneau, Alaska 99811-5526 City of Kodiak 710 Mill Bay Road, Rm. 220 Kodiak, AK 99615 907.486.8636 Submitted electronically to: df%bofcommentsAalaska.gov Re: Comments regarding Agenda Change Request #11 Dear Chairman Jensen and Members of the Board of Fisheries: The Kodiak Management Area (KMA) salmon fisheries, with over a one hundred year history, are the oldest mixed stock fisheries in Alaska. The harvests in the KMA are not new nor expanding, and harvest patterns have not recently changed. Therefore, both the Kodiak Island Borough and the City of Kodiak strongly oppose all aspects of Agenda Change Request #11, and join Kodiak salmon fishery stakeholders and supporters in urging the Board of Fisheries to deny the request to consider this proposal out of cycle. The requirements that must be met for the Board of Fisheries to accept Agenda Change Requests are restricted to three key criteria: meaningful new information; conservation concerns; and errors or mistakes in regulations. Finfish managers in the Alaska Department of Fish and Game (ADF&G) have for decades known that sockeye bound for Cook Inlet have been a component of salmon harvests in the KMA. Therefore, ADF&G managers have incorporated this biological fact into the KMA's management plans, and the existing, historic, and traditional harvest of sockeye in the KMA reflect this established precedent. Furthermore, recent genetic studies do not reflect new knowledge; rather, they corroborate this well-known facet of salmon management in Kodiak. Therefore, the information presented in January within the Genetic Stock Composition report (FMS 16-10) should not trigger abrupt consideration of management changes nor be permissible for acceptable Agenda Change Requests. Any sudden change to the KMA's management plan based on information that has been readily available for many years would be disruptive, and potentially catastrophic to the thousands of individuals and families whose livelihood depends on responsible and stable salmon management in the KMA. The economies of the City of Kodiak as well as the rural, urban, and village communities of the Kodiak Island Borough are already struggling with downturns in fisheries markets as well as general and acute uncertainties with local, State, and Federal budgets. Any curtailment of KMA salmon harvests would have a direct and negative impact to our entire Borough in this tenuous economic climate. At the recent meeting of the City and Borough's Kodiak Fisheries Work Group, harvesters asked for our support to respectfully request the Board of Fisheries to not take up any hasty reactions stemming from this recent genetic study, and instead work towards the continuation of balanced and science -driven approaches. Agenda Change Request #11 will completely disrupt the well-established and well-managed allocative balance between the Kodiak Archipelago's purse seiners and gillnetters by eliminating fishing opportunities for the seine fleet and drastically reducing opportunities for gillnetters. Consequently, the entire KMA and its decades of fine-tuned management will be overturned. Changes in one management district will impact all other parts of the Kodiak area. The Board should avoid creating management chaos because of incomplete genetic assessments that are not new information and do not indicate any conservation concerns. It is important and a matter of public policy that the Board of Fisheries maintains its 3 -year schedule, and we in Kodiak's communities look forward to discussing this issue and other sahnon fisheries topics at the Board's already -scheduled meeting in January 2020. As such, we are adamantly opposed to arbitrarily changing publicly noticed and established meeting cycles to take up an issue not based on scientific nor management merit. All of our communities in Kodiak are sahnon-dependent communities, and decades of effective State management have maintained healthy returns that contribute to the backbone of our Archipelago's economy. Please remember these comments as you consider this issue, and thank you for your continued support of the people of Kodiak and your public service. Sincerely, Daniel A. 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A . Pa g e 1 8 6 o f 1 8 7 _AOU_>_A _m_.>zo NOIOCQI mmo_c_.>m _smm.._zm mmcsmq_<_mm::oon <2...:23 Emmmm <05 :m3m _u_L P AG E N D A I T E M # C . A . Pa g e 1 8 7 o f 1 8 7 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2018, No. 7 September 22, 2017 At Its Regular Meeting Of September 21, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, October 05, 2017, At 6:30 p.m. In The Borough Assembly Chambers. ADOPTED Ordinance No. FY2018-04B Amending KIBC Title 3 Revenue And Finance, Chapter 3.80 Excise Tax on Cigarettes And Other Tobacco Products, By Adding Subsection 3.80.010C Authority; And By Moving Sections 3.80.050 to 3.80.070 To Title 5, Business Licenses And Regulations, Creating Chapter 5.03 Tobacco Licenses. ADOPTED Ordinance No. FY2018-02 Amending Title 17 KIBC (Zoning) By Adding Chapter 17.77 KIBC (RSL-Residential Small Lot Single-Family District). ADVANCED Ordinance No. FY2018-08 Amending The KIB Future Land Use Map By Changing The Future Land Use Designation of Lot 26A, U.S. Survey 3098 From Urban Residential To Commercial (P&Z Case 17-028) To Public Hearing At The Next Regular Meeting Of The Assembly. ADVANCED Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single-Family Residential District to B-Business District (P&Z Case No. 17-029) To Public Hearing At The Next Regular Meeting Of The Assembly VOICED Non-Objection To The Appointment Of Major David Davis And Ms. Mary Jane Pediangco To The Providence Kodiak Island Medical Center Community Advisory Board. APRROVED the October 3, 2017 Regular Municipal Election Workers As Listed In The Memo Submitted By The Borough Clerk. CONFIRMED The Mayoral Appointment Of Mr. Levi Fehrs To The Solid Waste Advisory Board Business Representative Seat. APPROVED A Letter Addressed To The Board Of Fisheries Regarding Massive Changes To Kodiak Salmon Fishery Management Proposed In Agenda Change Request #11.