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2017-10-05 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, October 5, 2017, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF 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 A. Presentation By Providence Kodiak Island Counseling Center - Mary Guilas-Hawver, PKIMC Director 4 B. Domestic Violence Awareness Month Proclamation Domestic Violence Awareness Month 2017 8. COMMITTEE REPORTS 9. PUBLIC HEARING 5 - 38 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 Amndt (P&Z Case 17-028). Packet - Pdf Page 1 of 301 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 39 - 83 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 No. FY2018-09 (P&Z Case No. 17-029) Packet - Pdf PH COMMENTS AS OF 10-05 Ordinance No. FY2018-09 Young Mullan 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 84 - 133 A. Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. Contract No. FY2018-11 - Pdf B. Resolutions 134 - 277 A. Resolution No. FY2018-10 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (P&Z Case No. 17-011). Resolution No FY2018-10 and Backup - Pdf C. Ordinances for Introduction D. Other Items 278 - 283 A. Appointment To The Borough Lands Committee ANCSA Representative Seat (Mr. David Anderson). Output Document (AS - 0691) - Pdf 284 - 286 B. Temporary Appointment Of Assembly Member Scott Smiley To the Kodiak Fisheries Work Group. Output Document (AS - 0692) - Pdf Page 2 of 301 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 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Real Property Negotiations And Strategies Regarding the Providence Counseling Center Officers 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 287 - 301 A. Kodiak Fisheries Development Association Regular Meeting Minutes Of September 07, 2017; Planning And Zoning Commission Regular Meeting Minutes Of August 16, 2017; And Womens Bay Service Area Board Regular Meeting Minutes Of August 01, 2017. Minutes B. Reports Page 3 of 301 717 East Rezanof Dr. Kodiak, AK 99615 Phone: 907-481-2400 Fax: 907-481-2419 Mary Guilas-Hawver, Director A Brief History of PKICC in Kodiak History: PKICC was originally operated by the Kodiak Island Borough (KIB) and was then called the Kodiak Island Borough Mental Health Center. January 1998 -Upon the request of KIB, Providence took over the administration and management of the Kodiak Community Mental Health Center (MHC) which became the Providence Kodiak Island Mental Health Center (PKIMHC). January 1, 2005 –PKIMHC merged with the Safe Harbor Substance Abuse Treatment Center due to funding cuts to Safe Harbor. Both provide Behavioral Health and Substance Abuse treatment in one conveniently located facility at 717 E. Rezanof Dr. Kodiak, AK 99615. 2010 –At our clients’ and the Kodiak community’s suggestion, we renamed our agency to become the Providence Kodiak Island Counseling Center (PKICC). 2014 –PKICC received accreditation from The Joint Commission on Accreditation (TJC). PKICC also is a State of Alaska, Department of Health & Social Services, Division of Behavioral Health Grantee. 10/5/2017 PKICC KIB Assembly Presentation 2 Services Offered We offer wide array of behavioral health services through programs including: Outpatient Clinic for all age groups, including individuals, families and couples therapy, integrated assessments, psychiatric evaluation and pharmacologic management. Psychiatric Emergency Services including voluntary hospitalizations and involuntary commitments. Community Support Program serves the chronically mentally ill, the severely emotionally disturbed children and their families, providing individual and group skill development, employment support, case management, recipient support services, medication monitoring and family support services. Mental Health Clinicians in the School program serves all students within KIB archipelago; counseling and providing psycho-educational and social skills groups in all schools including village schools. PKICC Clinician embedded in Kodiak Community Health Center (KCHC) providing screening, referrals, warm hand–offs, brief therapy and emergency services within the primary care setting. The clinician works directly with KCHC providers to assist patients with behavioral health care needs i.e. depression, anxiety, substance use and other behavioral health needs. 10/5/2017 3 Services Offered (continued) Safe Harbor serves adults and youth, providing intensive outpatient treatment, education including anger management, Alcohol and Drugs Information School, Prime for Life and Morale Reconation Therapy, and continuing care for individuals who have successfully completed primary treatment need. We also provide case management, support and education to clients’ and their families. The Alcohol Safety Action Program (ASAP) provides case management, referrals, and monitoring for court-ordered cases for youth and adults. The Urine Analysis (UA) program, provides UA and breathalyzer test for pre-employment, post-accident, federal probation, commercial drivers, pilots, boat captains, cab drivers and other emergency needs of the Kodiak Island. Outreach Services: BFSK Inc., KWRCC, Kodiak Public Library, Teen Center, and others in the community. Community Education: Community Health Fairs, Drug Forums, Civic organizations, Health needs assessments, summits, etc. 10/5/2017 PKICC KIB Assembly Presentation 4 Entering Treatment at PKICC Treatment Based on clinical assessment. Assessment Treatment recommendations are based on clinical assessment Referral Can be self, physician, court ordered, & other agency referral. 10/5/2017 PKICC KIB Assembly Presentation 5 Staff & Credentials Our staff comprised of highly trained and licensed Behavioral Health Professionals including: Board Certified Psychiatrist (MD) Licensed Professional Counselors (LPC) Licensed Master in Social Work (LCSW) Registered Nurse (RN) Master Degreed Clinicians (MSW, MA, MS) Certified Chemical Dependency Counselors (CDCI, NCACI, & MAC, CDCS, ADM). PKICC is a Joint Commission Accredited Behavioral Health Agency since 2014. We provide the highest quality of care to all Kodiak citizens. 10/5/2017 PKICC KIB Assembly Presentation 6 Fees & Payment Information PKICC accepts major and private insurance including: Medicaid/Medicare Tri-Care Private Insurance Employment Assistance Program reimbursement (EAP) Self-Pay Individual Service Agreement (ISA) with State of AK We also offer: •Financial Counseling •Payment Plan •Sliding Fee Scale 10/5/2017 PKICC KIB Assembly Presentation 7 Budget PKICC’s annual operational budget is approximately 2 million. Income sources: State Grants, Local Grants and Contracts (KIBSD, KCHC, Rural Cap, Federal Probation, State of AK’s ISA) Medicaid/Medicare Private Insurance Self-pay •In-kind contribution: KIB facility use Amount of write offs in 2016: $394, 000 Number of enrolled clients served in 2016 -388; YTD 2017 -372 Number of services provided to these enrolled clients: 2016 -10,880 ; YTD 2017 –9,291 Number of outreach services provided annually –3,000 plus Number of school based services provided annually –2,300 plus •Total annual services provided –16,600 10/5/2017 PKICC KIB Assembly Presentation 8 Collaboration and Response to Community Needs Healthy Tomorrows -Program that supported education, activities and health fair focused on all of Kodiak’s youth well-being was housed at the PKICC. Continue to house Kodiak Harvest Co-op, a program originated from the Healthy Tomorrows Kodiak Strong summit. Kodiak College Nursing Program –Provide a learning environment for internship at PKICC for the Behavioral Health part of the program. Internship Program-Provide opportunity for individuals to earn internship hours in the field of Behavioral Health (mental health counseling and Substance Abuse counseling certifications.) Kodiak Community Health Center –Care coordination and case management resources for clients experiencing symptoms of emotional challenges. Provides referrals and warm hand off. 10/5/2017 PKICC KIB Assembly Presentation 9 Collaboration and Response to Community Needs (continued) Brother Francis Shelter –Provide outreach services to all homeless individuals including case management (applications for benefits/housing, acquiring documents such as Birth Certificate, AK ID card, SS card, etc.), referral and warm hand off. Kodiak Women’s Resource and Crisis Center –Provide outreach services to domestic violence clients experiencing trauma. Kodiak Public Library -Provide outreach services to all who needs assistance (including homeless individuals) with paperwork such as Social Security, Public Assistance, citizenships, immigration, translation of documents (Tagalog and Spanish), housing, etc. Community engagement –PKICC staff takes active role in most, if not all, community health-related summits, panel discussions, town hall meetings, fairs, education, presentation, surveys, community health needs assessments, etc. 10/5/2017 PKICC KIB Assembly Presentation 10 Providence Kodiak Island Counseling Center Serves All Questions? 10/5/2017 PKICC KIB Assembly Presentation 11 Office of the Mayor Kodiak Island Borough, Alaska Proclamation DECLARING OCTOBER 2017 AS DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, historically women have been and continue to be victims of violence in their own homes, with a woman beaten every 15 seconds; and WHEREAS, the problems of family violence are not confined to any group or groups of people but, across all economic, racial, affectional preference, and social barriers; and WHEREAS, domestic violence can result in the emotional damage, physical harm, or death to members of the family unit, and FBI statistics show that at least 30% of all homicide victims are killed by their boyfriends or husbands; and WHEREAS, during October 2017 the Kodiak Women’s Resource and Crisis Center is sponsoring Domestic Violence Awareness Month activities to focus attention on battered women and their children and to promote support of the shelter and programs that serve them; and NOW, THEREFORE, I, Daniel Rohrer, Mayor of the Kodiak Island Borough do hereby proclaim the month of October 2017 as: Domestic Violence Awareness Month in Kodiak and encourage all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate domestic violence as a social problem. In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. ___________________________ Daniel Rohrer, Borough Mayor Attest:_______________________ Date: _______________________ AGENDA ITEM #7.B. Domestic Violence Awareness Month Proclamation Page 4 of 301 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 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 adopt Ordinance No. FY2018-08. 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 5 of 301 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: 10/05/2017 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 6 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 7 of 301 _<_... _uO .:3oo_m max83 _Aon=m_a_>_A82m mm”ommm3-8m.mmncmm.mOo3Em:m:m_<m_u_m:m3m_.a3m:.8 nzmzmm=._m.u:E_.m _.m:n_ cmmUmm_m_..m._o:2_.o"mm?c.m.9.22.883.03CG»:mmmEm:._m_8 oo33m_.n_m_ Ewe3.89.._.:m.2622imqmncmmn.m8*mo._=mnmmmcammncmaqmncmm?8 amwozm Em_o.:03_?-m_:m_m-_um3__<mmmEm:._m_Gain»8w-w:m_:mmmswan Aommm29:- B3. 03.._s...0o_m” ._._._mxoemx_m_m_.awoaocuz_u_m::.:mmNoasmoo:..3_mm_o:BEm:Bmmzam2..>55.3.B3 So<mn8qozzmaSmamncmm"gagm_uo<m._.moo3_.=m:&:mmuu6<m_.8 5m wo_.o:m:>mmm3c_<. ._.:moo33_mm.o:maou?aSm3__o<<_:ow__.a_:mw2Rm.5mcuuo:2Em...qmooaamsamnos 8 5m mmmm3u_<” _u_zo_zmmO_u_u>O._.._. m. m. 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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 8 o f 3 0 1 AG E N D A I T E M # 9 . 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 9 o f 3 0 1 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 10 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 11 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 12 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 13 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 14 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 15 of 301 AG E N D A I T E M # 9 . 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 1 6 o f 3 0 1 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 # 9 . 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 1 7 o f 3 0 1 AG E N D A I T E M # 9 . 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 1 8 o f 3 0 1 AG E N D A I T E M # 9 . 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 1 9 o f 3 0 1 AG E N D A I T E M # 9 . 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 2 0 o f 3 0 1 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 21 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 22 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 23 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 24 of 301 May 15, 2017 Site Visit: Taken from Bancroft Dr. looking north. AGENDA ITEM #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 25 of 301 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 # 9 . 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 2 6 o f 3 0 1 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 # 9 . 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 2 7 o f 3 0 1 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 # 9 . 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 2 8 o f 3 0 1 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 29 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 30 of 301 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 # 9 . 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 3 1 o f 3 0 1 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 32 of 301 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 33 of 301 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 34 of 301 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 35 of 301 PUBLIC HEARING ITEM 7-F P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 36 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 37 of 301 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 #9.A. Ordinance No. FY2018-08 Amending The KIB Future Land Use Map...Page 38 of 301 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 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 adopt Ordinance No. FY2018-09. 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 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 this 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. On September 22, 2017 the clerk's office mailed 26 Public Hearing notices. Any responses received will be added to the packet. 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 t ax 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 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 39 of 301 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:10/05/2017 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 40 of 301 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 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 41 of 301 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, October 05, 2017, at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. 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). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks@kodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on October 05, 2017. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments:  Map  Public hearing form  Ordinance No. FY2018-09 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks@kodiakak.us AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 42 of 301 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). AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 43 of 301 PUBLIC HEARING FORM 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). This is in support of Ordinance No. FY2018-09. This is in opposition of Ordinance No. FY2018-09. Other comments. Name: ________________________________________________________________________________ Residence Address: _____________________________________________________________________ Mailing Address: ________________________________________________________________________ Comments: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Written comments may be submitted by email to clerks@kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615 prior to 3 p.m. on Thursday, October 05, 2017. AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 44 of 301 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 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 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 4 5 o f 3 0 1 _<__...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 # 9 . 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 4 6 o f 3 0 1 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 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 4 7 o f 3 0 1 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 48 of 301 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 49 of 301 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 50 of 301 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 51 of 301 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 52 of 301 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 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 5 3 o f 3 0 1 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 # 9 . 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 5 4 o f 3 0 1 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 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 5 5 o f 3 0 1 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 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 5 6 o f 3 0 1 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 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 5 7 o f 3 0 1 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 58 of 301 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 59 of 301 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 60 of 301 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 # 9 . 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 6 1 o f 3 0 1 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 # 9 . 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 6 2 o f 3 0 1 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 63 of 301 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 64 of 301 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 # 9 . 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 6 5 o f 3 0 1 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 66 of 301 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 67 of 301 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 68 of 301 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 69 of 301 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 70 of 301 PUBLIC HEARING ITEM 7-G P&Z REGULAR MEETING: JUNE 21, 2017 AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 71 of 301 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 72 of 301 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 #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 73 of 301 as/23/2217 1a:57 9274354971 SCUBA DD PAGE 21 F’lJE3l_I(:EIIEIIRIIIIB F=()F§I? Ordlnanco No.FY2018-09 Rozonlng Lot 26A.LLS.Survey 3098 Frorn R1-$lnqIo—Fa?IlIy Residential District to 3—Bu8Ino8s District (P&Z C350 No.17-029). :1 This is In support of ordinance No.FY201B—O9. Z This is in opposition of ordinance No.FY2018—O9. Zn Other oornrnents. Name:14‘M,‘K Residence Address ‘F’ Mailing Address:I [5 &¢4;7 <£gQ7('t ?g g £lg 1/55 5 commenxsz Vvdtlen comments rnay be subrrftted by ernall to faxed to 907-486-9391.mailed or hand de verse:to the Borough C r1<omce.710 Min Bay Road.Room 234.Kodiak,AK 99615 1g9_r_1g_§- AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 74 of 301 as/23/2217 1a:57 9274354971 SCUBA DD PAGE 22 Kodiak Borough Assexnbly september 28,201 7 I understand that due cornrnunity developrnent de-parttnent feels the Bancro?neighborhood’s concerns regarding this rezone are only based on a neighboring property (Lot 2613)which is ovvned by Glen Yngve Up through 9/27/1'7,all borough records indicate Lot 26A is owned by Helen Yngve and lot 268 is owned by Glenn Yngve.All paperwork for rezone has been submitted by “Applicant”,(not “ovvrler”)Jim Cole. According to borough records,including tax assessment r-oils,both ot these lots are still owned by the vngve rarnily.This would make concerns of the neighbors over Lot 26B relevant to this rezone. Apparently Mr Cole is going to provide inforxnation to the borough regarding his ownership of lot 26A,I rind it interesting that in the 5 months he has been working on this rezone,he has not taken the time to put the lot in his name.But now,conveniently,when asked about it,he will provide the proof that he owns the lot could this be because right aner the rezone,he vvill transfer it back to the Yngves?curious At the F&Z hearing for rezone of Lot 26A Jarnes Cole stated that he will be working together with the owner or Lot 2613.so again,issues regarding Lot 26B are not irrelevant, James Cole has stated that “both properties"have Mill Bay Road access.In reality,the access to lot 26A is currcnlly tlirough the bottorn cvfthe hill the <:ul—de—sac on Eaxxcro?Drive.This vv II funnel his traffic into a residential neighborhood which is currtntly insulated frbnl other conlinercial tra.I'I'Ic.I vv0n’t go into the access to lot 2613 at this time,except to say it is not currently frorn Mill Bay Rd. I 7.90.010 Description and intent or 13 business zoning: The B business zoning district is established for the purposes of protecting and encouraging the development of community buxiness core areas raarfanaian epricienrly as eearers afr-nan business and retail scrvi ee activities.For the business zoning district,in promoting the general purposes orthis title,the speci?c intentions ofthis chaptert axe: A.To encourage the continued use and development of land for retail purposes; 13.To discourage the use of business district lands for other than retail purposes; C.To prohibit the use of business clislxict lands for manufacturing and industrial purposes;and D.To encourage the discontinuance of existing uses that are not perrnitted under the provisions or this chapter. [()rd,FY2016—O6 e2,2015;0rd.82—4ovo 51,1932.Forrnerly §l7.2l .010). under this description,what makes it OK to put a business lot encouraging retail purposes into the midst of a residential neighborhood on a dead end street’?Banci-on Drive is not a business core area that would function e?iciently as a center of retail business,I believe that it is the Borough Assernbly’s responsibility to look out for the best interests of all land owners in the area,Look at the make up of our neighborhood Lot 26A is zoned residential in keeping vvith the character of the neighborhood.if you rerzone lot 26A to business use,you will be destroying our residential atmosphere by directing commercial tra?ic right into our midst,Also,item “vv”under Business uses lists “()utdac>r Storage"as an acceptable use.what de?nes when outdoor storage becomes a junk yard?Perhaps you could ponder this question and drive by and look at our neighborhood and at lot 2613 before rr-taking your decision as to vvhether to allow this re—zone of‘lot 26A, AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 75 of 301 as/23/2217 1a:57 9274354971 SCUBA DD PAGE 23 I would also like to note that the Cotnrnunity Development Department is under the itnpressi<)I1 that lot 25». has been a storage lot for yea.‘l'S.That is not true.This lot had a dilapidated house on it and was surrounded by vegetation until an owner or their agents removed all of the vegetation approxirnately 2 years ago and started using it for outdoor storage,outdoor vehicle repair and various other activities.several of these activities vvere reported to ICIB Code Enforcenient and ](PI)as they vvere not activities allovved on 3 residential lot and these activities were changing the character or our neiglnborhood. 113 IsancnoftI)r Kodiak,AK 99615 AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 76 of 301 C)ctIO3I2D17 1-35-21 PNI Kl Counseling Center 19074812419 1/1 PUBLIC HEARING FORM]'A Ordinance No.FY2018—O9 Rezonlng Lat 26A.LLS.Survey 3098 Frorn R1-Slngla-Farnily Residential Dlstrlct to B-Buslnass Dlstrlct (P&Z Case No.17—O29). [:1 _ This Is In support of ordinance No.FY2o1 8-09. 13’This Is In opposition of ordinance No.FY2018—O9. [3 other cornrnents. Nsrns:A/(«hem TE-H:’16bZC’J’x1/.%4 Residence Address:r.z,o nevi/A<M6o’f=T D52 14/=3“,-1crDr,4/Jc ,#5 9974/6“ Nlailing Address:‘E0 815;;V,[?r 74%’<:99%’<5'—” Cornrnsnts‘ --,*/ _-'./A'A¢l_4’.4A.«,-.'0/AAA 1.1.«(QJV :'1 4--,~'I 2 ,Je ,1 -4 ./.1.4 ;_.«._.r.’-.._.,...1 '..,.-e,.,:.4.4-.’—'.4..n‘_4‘..I ,e .’-.‘C e e —-,.A/A€.l‘.’AA44.._..,4.0.11.4‘.-.A .1.144.:4--.'._/.1 ,...-_/‘A ~//r /I A ~4 -/- _t 1;3-.’/A A..u’.",.A,.¢lV4§./A A-L:AL v ..A A ..4 -.59.p.5‘,K4 -—.1:JA;A4‘- /‘" ‘A4 / _.1‘. (‘(46.4 A —A 4"/A er ~—/, ' I ' ' 4.4;‘.'/.1-4-4-4;4.4.1 ’i / ch 'A AA ,,. V, / L.A A 4 A A -_1 ,_-,153/74 ,._. . 44_.§- Vvritten oornrnents rnay e subrnittad by an-nail to Kodiakak.us.faxed to 907-486»-9391.rnailed or hand delivered to the Borough C2ler‘k's Of?ce,710 Mm Bay Road.Room 234,Kodiak,AK 99515 ‘ a bar 05 2017. AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 77 of 301 12/22/2217 12:29 9274854971 SCUBA DC‘PAGE a1 PUBLIC HEARING FORII Ordlnancc No.FY2018—O9 Rezoning Lot 26A.LLS.Survey 3098 Frotn R‘I—SlrIgIo—FaIrIIIy RosldorvtialDistricttoB—3uslnoss Dlsuld (paz can-No.174329). |:|This is In support of ordinance No.FY2018—O9. X This is in oppoei on of ordinance No.FY2018—O9. 1:!Other co:-nrnents. Narne:KOx/A\’\£L1r\C.-\/\Q/«IN Residence Address:\\L ‘€‘2_>\-’\r u:5\*<‘O <\\1 6 Men ng Address:"\\'L P>L\..,«(_,(gfx \—\'3C\xi *3 Corn r?ents: vvritten comments may be submitted by email to I faxed to 907-486-9391.rnaiied or hand de vexed to the Borough Clerk's ornoe.710 Mill Bay Road.Room 234.Kodiak,AK 99615 2- AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 78 of 301 29/23/2217 11:21 9274354971 SCUBA DD PAGE 21 F’lJE3I_I(:liEE\F{IIl(3 F=()FiI? Cxrdlnanea Flo.FV2018-O49 Raxonlng Lot 26A.LLS.Survoy 3098 Fro"!R1-SIn?IQ—FanIlIy Rosldantial Dlstrlct to B—Buslnoss DCGITICI (P&Z Case No.174029). |:|Thls is in support of Ordlnanoe No.FY2018—o9_ ;@/-rms Is In opposition of Ordinance No.FY201 3-09‘ [I](>uwer-mannnnents. \ Name:'\?os -ala-r Deg‘;H»(‘1¢\.s/é’.._17f%\_\>L.€‘l_,:_A/L/\-) Residence Address:I I l Baum av-(nF1'Dr.‘VL Nlalllng Address;‘ T?0 «BOX '72&>]<0D /‘HQ 794/{_’ Cornrnents: ':r\,~5_-C /A1./:£,s‘I—.cD 2o0,or2L>IA]Pvt)’/.,nc;...£ :4:/—;;>[>a /a/‘)7 la./4!~—/'7’17>goo ac.past’art 1-‘:\/ti. 5:145,1’+0 xv 3T*ora.»-e1 La \/u/4-Illa (Qk»-vvl¢~Y;/we D 3 L_,4 T yang ouzarx 2,0 <;.»4—%s t>Ito8ne.>:_y t/~°">t‘;|Z'*B'—-?"1/H/v~C"~ 3 (aong?s \»»xoI3ul#\T—L&—ol-—~ta.S I ‘Taft-sL+ [.g«.2u—.wu_/g,«/n—»s‘r‘\’¢”So 3:s-rt<-vr—’c->1-V C?F’I’o>fZ. '\"I+2;‘ZFiZ<):~¢(/srC—,01-‘;"(Lets ¢~\o’T‘S w.-men corrlrnents rnay be subrnitted by emein to faxed to 907-486-9391.mailed or hand d vered to the Borough Clerk's or?ee.710 Min Bay Road.Room 234.Kodiak.AK 99615 @493 R4neSELIhu£§9QxLShBeh2L2§.Z!1Z- AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 79 of 301 29/23/2217 11:21 9274354971 SCUBA DD PAGE 22 PUBLIC HEARING FORIJ ‘ Qr?lnnnoc No.FY2018-09 Rozoning Li 26A,LLS.Survey 3098 Profit R1-SlngIa—FarnIly Rosidantial Ellou-let to B-Buslnass District (P&Z Case No.17-029). |:]Thls Is in support of ordinance No.FY2018—o9_ X’This Is In opposition of omnnenee No.FY2018—O9. X Other eornrnents. Name:£cu.\‘L1_1 ?1¢<urso~vx Residence Address:\\‘4 ?>c~v\C re C4" lllailing Address:\s '—+Ba.m¢n_;—s:t Dr.l<ooua_I<../>114 ct <4 «:2 Ix‘ Oornrnenls: HA2-/\Ln.1:(—<,r 1}‘/x.099$-se?‘\—i ova uk.>a_3 %u.u>w~(’+§“<e(+0 4-4,‘.-3, bOr0K.Lé\|/s.¢J.,zrb§o¥(3»"c.e av;%{%oh’I. ?soaweta/xF7V~—'~“<=<““"‘* Vvritterl eorrlrnenls rnay be subrnitted by ernail to Ql§?g§@§odiakak.us.faxed lo 907-4-86——9391.rnailed or hand delivered to the Borough Clerk's O??ce.710 Mill Bay Road,Room 234,Kodiak,AK 99615 3312333;- AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 80 of 301 29/23/2217 11:21 9274354971 SCUBA DD PAGE 22 PUBLIC HEARING FORIJ ‘ Qr?lnnnoc No.FY2018-09 Rozoning Li 26A,LLS.Survey 3098 Profit R1-SlngIa—FarnIly Rosidantial Ellou-let to B-Buslnass District (P&Z Case No.17-029). |:]Thls Is in support of ordinance No.FY2018—o9_ X’This Is In opposition of omnnenee No.FY2018—O9. X Other eornrnents. Name:£cu.\‘L1_1 ?1¢<urso~vx Residence Address:\\‘4 ?>c~v\C re C4" lllailing Address:\s '—+Ba.m¢n_;—s:t Dr.l<ooua_I<../>114 ct <4 «:2 Ix‘ Oornrnenls: HA2-/\Ln.1:(—<,r 1}‘/x.099$-se?‘\—i ova uk.>a_3 %u.u>w~(’+§“<e(+0 4-4,‘.-3, bOr0K.Lé\|/s.¢J.,zrb§o¥(3»"c.e av;%{%oh’I. ?soaweta/xF7V~—'~“<=<““"‘* Vvritterl eorrlrnenls rnay be subrnitted by ernail to Ql§?g§@§odiakak.us.faxed lo 907-4-86——9391.rnailed or hand delivered to the Borough Clerk's O??ce.710 Mill Bay Road,Room 234,Kodiak,AK 99615 3312333;- AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 81 of 301 Sandy Pherson 114 Bancroft Dr. Kodiak,AK 99615 8/30/2017 To the Borough Assembly, These comments are regarding the rezone of USS 3098 Lot 26A from R1 Single Family Residential to Business (case 17-028 and 17-029)as recommended by the Planning and Zoning Commission following their meeting on 8/16/2017. There were apparently two steps required for this rezone to take place.The first step was an amendment to the comprehensive plan.Staff and P&Z commissioners referred to this change as adhering to the comprehensive plan.Yet the plan had to be amended in order for the rezone to take place? This lot is located in a residential area and has been zoned residential for at least the last 31 years,and probably many more.There was formerly a single family residence on the lot and it should be able to support another one in the future.However the property owner prior to the petitioner treated it as a business zoned lot and gave the residents of the neighborhood an indication of what can happen on a business zoned lot.So many of them are wary of this change in zoning. Nearly all residents in the neighborhood expressed concern regarding this rezone,either by responding to the request for comments or by signing a petition which was submitted to the P812. The petitioner purchased the lot knowing full well that it was zoned R1.During the P812 meeting he indicated that he “Has Property Rights”.After this declaration,two committee members seemed to quickly change their stance on their initial thoughts regarding the rezone.I would agree that the property owner has property rights.However,he has property rights for the designation that he purchased the property under.He does not have an automatic right to rezone the property.Rezoning is going to change the character of a neighborhood where every other property owner has purchased knowing it is a residential neighborhood.What about their property rights? During the P812 meeting on 8/16/17,one of the planning and zoning committee members implied that if the residents were not at the meeting,he would disregard their submitted comments.The borough has several ways residents can make comments and all of those methods should be considered without prejudice over any other method.Also of note is that this meeting was postponed several other times for the convenience of the applicant due to his inability to attend the meeting.Yet implications were that near-by residents are required to be present or to call in during the actual meeting in order to have their opinions considered. Prior to making your decision as to proceed with this rezone,I would hope that you would take a few minutes to actually look over the planning and zoning commission file and consider what the residents of the neighborhood had to say about this rezone. Sincerely, €§CL{/\«t1,L/XiP}uJL&e1,,\ Sandy Pherson AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 82 of 301 Young Fisheries 4874530 PU BLI C HEARING FORM 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). \E This is in support of Ordinance No.FY2018-09. This is in opposition of Ordinance No.FY2018~09. Other comments. Name:\ga‘\/\/"L'4[/I;&\.y\</L/L‘/l‘X_u..\L»CJ’D"5?J\¢”~C5 Residerce Address:i"\_ Mailing Address:—Eb\/—<?FL ML 992:? Comma nts: Written comments may be submitted by email to clerks@kodiakak.us,faxed to 907-486-9391,mailed or hand delivered to the Borough Clerk's Of?ce,710 Mill Bay Road,Room 234,Kodiak,AK 99615 Qrior to 3 p.m.on Thursday,October 0512017. AGENDA ITEM #9.B. Ordinance No. FY2018-09 Rezoning Lot 26A, U.S. Survey 3098 F...Page 83 of 301 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. ORIGINATOR: Sara Mason RECOMMENDATION: Move to approve Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. DISCUSSION: The Kodiak Island Borough has--in conjunction with the Natives of Kodiak and the City of Kodiak (referred to as the "Coalition")--been award a total of $600,000 in U.S EPA funding to identify and begin assessing Brownfield sites within the archipelago. As the administrator of the grant funding, the Borough solicited RFPs using the procurement process outlined in KIBC 3.30.110. Stantec Consulting Services Inc. was selected by the Coalition to provide grant administration and other professional services related to the Brownfield Grant. The contract amount of $571,190 is comprised solely of U.S EPA grant funds. The remaining $28,810 in U.S. EPA grant funds will be used by the Borough to cover administrative costs incurred by Community Development Department staff related to this Brownfield project. This contract has been vetted by legal counsel for both the Borough and Stantec Consulting Services Inc. ALTERNATIVES: Fail Contract No. FY2018-11. This option results in the Borough's forfeiture of $600,000 in U.S. EPA grant funding for assessment of Brownfield sites within the Borough's municipal boundaries. Modify Contract No. FY2018-11. FISCAL IMPACT: The funds to be used for payment of the contract are funds being granted to the Borough by the U.S. EPA. No Borough funds will be used on this project. OTHER INFORMATION: AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 84 of 301 Contract Number FY 2018-11 Professional Services Agreement Between the Kodiak Island Borough and Stantec Consulting Services Inc. for U.S. EPA Brownfield Grant Administration This AGREEMENT, made and entered into this 15th day of September 2017 by and between the KODIAK ISLAND BOROUGH, a second class borough organized under the laws of the State of Alaska (hereinafter referred to as the "Borough"), and Stantec Consulting Services Inc., a corporation authorized to do business in Alaska (hereinafter referred to as the "Contractor"). WITNESSETH WHEREAS, many parcels within the Kodiak Island Borough have been contaminated by past industrial and institutional uses, known as brownfield sites; and WHEREAS, Natives of Kodiak, Inc. entered into a contract with Stantec Consulting Services Inc. to write a U.S. Environmental Protection Agency (EPA) Brownfield Assessment Program Grant (“Brownfield Grant”) on behalf of the Borough, the City of Kodiak, and Natives of Kodiak, Inc. (collectively referred to as the “Brownfield Coalition”); and WHEREAS, the Brownfield Coalition applied for and received a total of $600,000 in Brownfield Assessment Program grant funding to assess up to 18 brownfield sites in order to take initial steps toward cleaning up and redeveloping vacant and underutilized properties; and WHEREAS, the Borough has entered into a Memorandum of Agreement with the other members of the Brownfield Coalition, which authorizes the Borough to administer the Brownfield Assessment Program grant funding; and WHEREAS, the Borough issued a Request for Proposals in order to identify and select an independent contractor to provide grant administration and other professional services related to the Brownfield Grant; and, WHEREAS, based upon the proposal that Stantec submitted in response to a Request for Proposals issued by the Borough, the Borough wishes to engage Stantec to provide said services; and, WHEREAS, this procurement process follows KIBC 3.30.110 Competitive sealed proposals – Negotiated procurement; and, WHEREAS, this Agreement will result in no fiscal impact to the Borough; and, WHEREAS, brownfield site assessment, remediation, and redevelopment efforts will benefit the residents of the Kodiak Island Borough. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 85 of 301 Contract Number FY 2018-11 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, which also shall be deemed to include the following documents: Exhibit A-1 – Scope of Work (dated November 30, 2016) Exhibit A-2 – Cooperative Agreement Work Plan approved by EPA (dated July 10, 2017) Exhibit B – Insurance Requirements Exhibit C – Budget 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the Borough in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "Borough" shall mean the Kodiak Island Borough, Alaska. 1.4 "Contracting Officer" shall mean the Borough Manager, including any authorized representative. 1.5 "Project" shall mean the U.S. EPA Brownfield Grant Submission and Administration Project and other related tasks as ordered by the Contracting Officer. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution, and shall remain in full force and effect until December 31, 2020, at which time all effort by the Contractor on the U.S. EPA Brownfield Grant Submission and Administration Project shall terminate with the exception of any unresolved claims or disputes arising hereunder. The contract termination date may not be the project completion date, but work within the time period allotted may be used to document and prepare for subsequent steps in the process to be undertaken that are necessary to bring this project to completion. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, regulations, and applicable grant requirements. 3.0 FEES. Unless otherwise agreed by both parties in writing, the Fees payable to Stantec by the Borough pursuant to this Agreement shall accrue in accordance with Exhibit C. In no event shall the total Fees payable pursuant to this Agreement exceed the amount of $571,190.00 unless expressly authorized by the Borough in writing, subject to the limitation set forth at Section 26 of this Agreement. 4.0 SCOPE OF SERVICES. Stantec shall be responsible for completing the Scope of AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 86 of 301 Contract Number FY 2018-11 Work set forth at Exhibits A-1 and A-2. The Scope of Work can only be changed in writing in accordance with Section 2.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. Stantec shall complete all Work pursuant to this Agreement according to the schedule set forth at Exhibit A-2. 6.0 PERSONNEL / ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Chris Gdak, B.E.Sc Meredith Noble Doug Quist Collin Macheel, PG Sara Lindberg Riley Witt Michael Fisher, MSPM, MBA, PMP Natasha Hayden, P.E. 6.2 Changes in Key Personnel. The Contractor shall give the Borough reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Borough to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the Borough by this Agreement. The Contractor covenants with the Borough to furnish its reasonable skill and judgment, and to further the interest of the Borough at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the Borough, or the service which may be in effect now or during performance of the services. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 87 of 301 Contract Number FY 2018-11 9.0 INDEMNITY. The Contractor shall indemnify and hold harmless the Borough from and against any liability for negligent acts, errors, and omissions of the Contractor under this agreement, including reasonable attorney fees and costs. The consultant is not required to indemnify, defend, or hold harmless the Borough for liability for the negligent acts, errors, and omissions of the Borough. If there is liability for a joint negligent act, error, or omission of the Contractor and the Borough, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor" and "Borough" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough" means negligence other than in the Borough's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work or the Contractor's subcontractors. 10.0 INSURANCE. The Contractor understands that no Borough insurance coverage, including Workers’ Compensation, is extended to the Contractor while completing the services described in this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the Borough with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. Borough is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of Borough. b. Borough will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against Borough and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the Borough. Upon request, Contractor shall permit the Borough to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 88 of 301 Contract Number FY 2018-11 as set forth in Exhibit B, subject to revision at the Borough's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 11.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 12.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Borough when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the Borough hereunder, be delivered to the Borough upon payment in full of any fees that have accrued as a result of their creation. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the Borough upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 13.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to indemnify, save, and hold the Borough harmless from and against any and all costs, royalties, damages and expenses (including reasonable attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or negligent acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or negligent acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the Borough a license or otherwise, or replace such method, process, etc., with one that is of equal efficiency and acceptable to the Borough. 14.0 NONWAIVER. No failure of the Borough or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 15.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and customarily accepted manner. The Contractor shall comply with all applicable federal and state statues, ordinances, orders, rules, and regulations pertaining to AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 89 of 301 Contract Number FY 2018-11 the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 16.0 SUSPENSION OR TERMINATION. 16.1 Termination or Suspension for Cause. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the Borough terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the Borough that can be substantiated by the Contractor and the Borough, offset by any amounts owed to the Borough. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 16.2 Suspension or Termination for Convenience. The Borough may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 16.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the Borough or its Representative, the Contractor shall: a. Stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. Transfer title to the Borough (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Borough's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 17.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 90 of 301 Contract Number FY 2018-11 in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 18.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 19.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the Borough. 20.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 21.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 22.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 23.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in accordance with the schedules included in this Agreement, including that set forth at Exhibit A-2. 24.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise agreed to by the parties, shall be in the Superior Court in the Third Judicial District, at Anchorage or Kodiak, Alaska. 25.0 CHANGES IN SCOPE OF WORK. 25.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement, unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 91 of 301 Contract Number FY 2018-11 be done at the sole expense of the Contractor. 25.2 Changes in Scope of Work. The Borough or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 25.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be made to: a. The estimated cost or completion schedule, or both; b. The amount of Fees to be paid; and c. Such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 25.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the Change Order; provided, however, that the Borough or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. If an equitable adjustment will result in any increase to the project costs, or to the amount of Fees payable to Stantec, such adjustments shall be consistent with the Schedule of Rates set forth at Exhibit C. Should Stantec complete additional work subject to a Change Order for which compensation is allowed under this Section, and should the Borough fail to agree to an equitable adjustment, that failure shall be a dispute within the meaning of Section 24.0 of this Agreement. 26.0 LIMITATION OF FUNDS. 26.1 At no time will any provision of this Agreement make the Borough or its representative liable for payment to Stantec for the performance of work under this Agreement in excess of the amount that has been appropriated by the Borough Assembly and obligated for expenditure for purposes of this Agreement. 26.2 Change orders issued pursuant to Section 25 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 92 of 301 Contract Number FY 2018-11 26.3 Nothing in this Section shall affect the right of the Borough under Section 16 to terminate this Agreement. 27.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the Borough or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 28.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: Kodiak Island Borough Stantec Consulting Services Inc. Attn: Borough Manager Attn: Chris Gdak 710 Mill Bay Road, Room 125 11130 NE 33rd Place, Ste. 200 Kodiak, Alaska 99615 Bellevue, WA 98004-1465 mpowers@kodiakak.us chris.gdak@stantec.com 29.0 LIABILITY & DAMAGES. Neither the Borough nor the Contractor shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this Agreement or the performance of the services on this Project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. 30.0 RELIANCE. Any report produced by the Contractor in relation to the Services is intended for the sole use of the Borough. The report may not be relied upon by any other party without the express written consent of the Contractor, which may not be unreasonably withheld. Any such consent will provide no greater rights to the third party than those held by the Borough under the contract, and will only be authorized pursuant to the conditions of the Contractor’s standard form reliance letter. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 93 of 301 Contract Number FY 2018-11 IN WITNESS WHEREOF, the parties have executed this Agreement. Kodiak Island Borough Stantec Consulting Services Inc. By: Michael Powers By: Chris Gdak Title: Borough Manager Title: Principal, Environmental Services Date: Date: September 22, 2017 ATTEST: ______________________________ Nova Javier, MMC Borough Clerk (Borough seal) AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 94 of 301 Professional Services Agreement for U.S. EPA Brownfield Grant Administration KIB-Stantec Exhibit A-1 Scope of Work AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 95 of 301 Z:\CD\CD-02 Project Files\EPA Brownfield Grant\00 Administration\Contract Documents\Exhibit A – Scope of Work.docx EXHIBIT A-1 – SCOPE OF WORK U.S. EPA BROWNFIELD GRANT APPLICATION AND IMPLEMENTATION SERVICES CONTRACT 9/15/2017 1. PURPOSE AND INTENT A. The Kodiak Island Borough (KIB), City of Kodiak, and Natives of Kodiak recognize the barrier created by the existence of contaminated sites, particularly in areas where locating developable land is difficult due constraints like topography or land ownership patterns, such as those that exist in the Kodiak Archipelago. Working toward removing the barrier created by contaminated sites can stimulate economic development and enhance the quality of life of the archipelago’s residents. B. KIB intends to enter into this contract for a period of approximately three years, to coincide with the U.S. Environmental Protection Agency’s (EPA’s) funding timeline for both hazardous substances and petroleum funding. C. The work shall be performed in compliance with all applicable federal, state, and local requirements. KIB requires all work to be performed efficiently, cost effectively, and according to the best business practices and standards of the industry. 2. SCOPE The project shall have the following two phases: • Phase 1 – U.S. EPA Brownfield Grant Application Services • Phase 2 – U.S. EPA Brownfield Grant Implementation Services Phase 1 Scope: Under direction from KIB, Stantec Consulting Services Inc. (Stantec) completed the following activities on December 20, 2016 and successfully assisted KIB with securing $600,000 of EPA Brownfield Assessment Grant funding: 1) Assisted KIB with writing the text for the grant application; 2) Compiled any associated demographic data to bolster the grant application; 3) Assisted KIB with solicitation of letters of support from local stakeholders; 4) Reviewed existing comprehensive plans as they relate to redevelopment within the Kodiak Island Borough, including the City of Kodiak and lands owned by Natives of Kodiak; 5) Facilitated community outreach activities as needed to enhance the grant application; and AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 96 of 301 Z:\CD\CD-02 Project Files\EPA Brownfield Grant\00 Administration\Contract Documents\Exhibit A – Scope of Work.docx 6) Coordinated necessary activities with EPA Region 10 staff for EPA grant(s). Under the direction from KIB, Stantec assisted with development of the EPA-approved Cooperative Agreement (CA) Work Plan dated July 10, 2017. Phase 2 Scope: Stantec Consulting Services Inc. will: 1) Prepare and maintain schedules and budgets for assessment or cleanup activities; 2) Conduct and oversee site assessment studies and prepare appropriate technical reports required by the EPA and Alaska DEC in print and electronic format; 3) Conduct field investigations including sample collection and lab analysis; 4) Conduct interviews with neighboring property owners; 5) Evaluation of cleanup options and risk assessment analysis and costs; 6) Preparation of a written Quality Assurance Project Plan (QAPP) in compliance with EPA regulations; 7) Delivery to the KIB complete Phase I and Phase II ESA reports, site investigation reports, response action plans and other environmental reports or plans required under the applicable Alaska environmental regulations; 8) Provide project management, implementation, and/or technical oversight; 9) Provide professional advice regarding environmental issues associated with land reuse/development; 10) Provide regulatory and financial information as needed; 11) Attend meetings of the KIB Assembly, Planning and Zoning Commission and other advisory committees as requested; 12) Prepare presentations to provide information about the project’s progress as requested; 13) Assist with conductance of community-wide inventory of potential hazardous substances and petroleum brownfield sites; 14) Develop preliminary budget, financing options and implementation plan for cleanup/reuse; 15) Complete contaminant characterization and risk assessments as determined necessary following Phase II activities (as funds allow); 16) Provide opportunities for citizen participation throughout all phases of projects; 17) Comprehensive community outreach and public participation programs; 18) Implement site specific cleanup or remediation (if future funding becomes available through this or another grant funded program); and AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 97 of 301 Z:\CD\CD-02 Project Files\EPA Brownfield Grant\00 Administration\Contract Documents\Exhibit A – Scope of Work.docx 19) Conduct redevelopment planning and market research as related to environmental site reuse. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 98 of 301 Professional Services Agreement for U.S. EPA Brownfield Grant Administration KIB-Stantec Exhibit A-2 Cooperative Agreement Work Plan AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 99 of 301 BROWNFIELDS COALITION ASSESSMENT COOPERATIVE AGREEMENT WORK PLAN FOR Kodiak Island Borough Fiscal Year 2017 Brownfields Assessment Grant for Sites Impacted by Petroleum and Hazardous Substances Anticipated Project Period: October 1, 2017 to September 30, 2020 Submitted on: June 23, 2017 (Draft Work Plan) July 7, 2017 (Draft Work Plan - Revision 1) July 10, 2017 (Final Work Plan) Submitted by: Daniel Mckenna-Foster, Associate Planner (Brownfields Project Director) Community Development Department 710 Mill Bay Road, Kodiak AK 99615 Phone: 907-486-9361 Fax: 907-486-9396 Email: dmckenna-foster@kodiakak.us Lead Contact: Sara Mason, Director of Community Development (Brownfields Project Manager) Community Development Department 710 Mill Bay Road, Kodiak AK 99615 Phone: 907-486-9360 Fax: 907-486-9396 Email: smason@kodiakak.us Website: http://www.kodiakak.us/ EXHIBIT A-2 - CA Work Plan AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 100 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 TABLE OF CONTENTS 1.0 INTRODUCTION ....................................................................................................................... 1 1.1 Project Description, Goals & Objectives ............................................................................... 1 1.2 Organizational Structure & Responsibilities ........................................................................... 1 1.2.1 Key Personnel ............................................................................................................................... 1 1.2.2 Regulatory Agencies ................................................................................................................... 3 1.2.3 Consultant Team .......................................................................................................................... 4 1.2.4 Brownfield Advisory Committee (BAC) .................................................................................... 4 1.2.5 Summary of Roles and Responsibilities by Project Task .......................................................... 4 1.3 Project Outputs & Outcomes .................................................................................................. 5 1.3.1 Project Outputs ............................................................................................................................ 5 1.3.2 Project Outcomes ........................................................................................................................ 7 2.0 PROJECT TASK DESCRIPTIONS ................................................................................................ 8 2.1 Task 1: Project Management, Reporting & Other Eligible Activities .................................... 8 2.1.1 Project Management & Reporting Activities........................................................................... 8 2.1.2 Task 1 Budget Detail .................................................................................................................... 9 2.2 Task 2: Public Involvement ................................................................................................... 10 2.2.1 Public Outreach & Involvement Activities ............................................................................. 10 2.2.2 Project Updates & Other Public Information Activities ........................................................ 11 2.2.3 Task 2 Budget Detail .................................................................................................................. 12 2.3 Task 3 – Site Inventory, Prioritization & Eligibility .................................................................. 12 2.3.1 Site Inventory & Prioritization Activities .................................................................................... 12 2.3.2 Site Eligibility Determination (ED) Request Activities ............................................................. 13 2.3.3 Task 3 Budget Detail .................................................................................................................. 14 2.4 Task 4 – Phase I ESAs ............................................................................................................. 14 2.4.1 Phase I ESA Activities ................................................................................................................. 14 2.4.2 Task 4 Budget Detail .................................................................................................................. 15 2.5 Task 5 – Phase II ESAs ............................................................................................................ 15 2.5.1 Quality Assurance Project Plan (QAPP) Activities ................................................................. 15 2.5.2 Phase II ESA Activities ................................................................................................................ 16 2.5.3 Task 5 Budget Detail .................................................................................................................. 17 2.6 Task 6 – Analysis of Brownfield Cleanup Alternatives (ABCAs), Cleanup Action Plans (CAPs), & Area-Wide Plans (AWPs) ........................................................................................................................ 17 2.6.1 Site-Specific ABCAs & CAPs ..................................................................................................... 17 2.6.2 AWP Activities ............................................................................................................................. 18 2.6.3 Task 6 Budget Detail .................................................................................................................. 19 3.0 SCHEDULE & DELIVERABLES .................................................................................................. 20 4.0 BUDGET .................................................................................................................................. 22 4.1 Budget Tables by Funding Type ........................................................................................... 22 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum ................................ 23 4.2.1 Budget Detail by Task ................................................................................................................ 23 4.2.2 Budget Narrative by Expenditure Category.......................................................................... 24 AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 101 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 1 1.0 INTRODUCTION 1.1 Project Description, Goals & Objectives During Fiscal Year (FY) 2017, the United States Environmental Protection Agency (EPA) selected the Kodiak Island Borough (referred to as “KIB” or “the Borough”) and its coalition partners the Natives of Kodiak (NOK) and City of Kodiak (collectively referred to as the “Coalition”) as a recipient of Brownfield Coalition Assessment Grant funding in the amount of $600,000 ($300,000 for hazardous substances and $300,000 for petroleum) to be used within a three-year period. The Coalition partners are working to strengthen the Kodiak Island economy by redeveloping brownfield properties in and around the City of Kodiak and surrounding Alaska Native Villages. Grant funding will allow the Coalition to develop a Brownfield Site Revitalization Program (referred to as the “Project”) which will begin with an inventory and assessment of sites throughout the Borough with an emphasis on high-priority redevelopment areas that include the City of Kodiak Waterfront/Downtown District, Long Island and Termination Point, and Buskin Beach/Swampy Acres (collectively referred to as the “target areas”). The Coalition will also examine sites outside of the target areas and within KIB’s jurisdiction, as appropriate, to further local economic goals. The Coalition will engage the community throughout the Project to prioritize revitalization opportunities in accordance with established community plans and objectives. The Project will include assessment activities at priority brownfield sites, including Phase I Environmental Site Assessments (ESAs; up to 16) and Phase II ESAs (up to 10), which may include regulated building materials (asbestos/lead) surveys. The project will also include preparation of site-specific Analysis of Brownfields Cleanup Alternatives (ABCAs) and/or Cleanup Action Plans (CAPs; up to 4) and area-wide planning (AWP) activities for priority brownfield-impacted areas (up to 2). 1.2 Organizational Structure & Responsibilities In the following sections we describe the roles and responsibilities of key personnel and organizations supporting this project. 1.2.1 Key Personnel Coalition Lead: The Coalition will be led by KIB with support from its partners (NOK and the City of Kodiak). KIB will be responsible for all administrative and programmatic tasks, including preparing and submitting quarterly, annual, and final program reports in compliance with the program requirements and the CA. KIB will establish a Memorandum of Agreement (MOA) with the Coalition members during the summer/fall of 2017. KIB will oversee all project implementation and procurement tasks, geographic information system (GIS) data management, and public health activities associated with the Project. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 102 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 2 KIB’s key personnel include: • Michael Powers, Borough Manager, KIB: In his role as the Authorized Representative, Michael has the authority to commit KIB to this project and approve original award contracts and amendments. As the Borough Manager, Michael serves as the chief administrative officer of the KIB and is responsible for the proper administration of all Borough affairs. He provides administrative guidance to the KIB Assembly in their policy- making decisions and assists the assembly with policy implementation. Under the direction and leadership of the Borough Manager, the departments of the KIB administer quality, cost-effective services to the citizens of Kodiak. • Sara Mason, Director of Community Development, KIB: As the Brownfields Project Director, Sara will be the primary point of contact for EPA. As the Director of Community Development, Sara currently manages all planning and land use activities at the KIB, including land use planning, hazard mitigation planning, and site-specific master planning. Sara has a Master of Urban Planning degree from the University of Louisville and several years’ experience in both project and program management. She has managed multimillion dollar federal programs and has significant experience administering grant programs funded with federal dollars. Sara has managed planning efforts across the state of Alaska and has experienced great success in working collaboratively with diverse stakeholder groups. • Daniel McKenna-Foster, Associate Planner, KIB: As the Brownfields Project Manager, Daniel will oversee day-to-day technical activities and coordination with the Consultant. He will also assist in data acquisition, GIS integration, and technical report review and will be responsible for overseeing administrative and financial reporting tasks (i.e. schedule/budget tracking, compliance reporting to EPA). Daniel is an Associate Planner focusing on long range planning for KIB. He holds a Master of Regional Planning degree from Cornell University and has led projects on small community redevelopment, comprehensive planning, and property mapping and analysis. He has also worked on National Environmental Policy Act (NEPA) compliance, park and visitor plans for the National Park Service, and long-term installation planning for Department of Defense facilities. Coalition Members: NOK and the City of Kodiak have pledged to assist KIB with grant implementation in each of their jurisdictions by supporting community outreach, site inventorying and prioritization, assessment, site cleanup/reuse planning, area-wide planning and participating on the Brownfield Advisory Committee (BAC). Key team members include: • Dave Anderson, Vice President, NOK: Dave will provide general project support and assist with disseminating project information as the project lead for NOK. As the Vice President for NOK for the past six years, Dave is responsible for managing NOK’s 23,040 acres of land on Kodiak and Afognak Islands including the creation, implementation, and oversight of a professional land use policy and permitting. Once Dave became aware of the extent of contamination on NOK property from previous use, Dave worked closely with the State and EPA to seek solutions. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 103 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 3 • Mike Tvenge, City Manager, City of Kodiak: Mike is pleased to be working with this dedicated Coalition and will serve as the main point of contact for the City of Kodiak. He has experience with brownfield projects in Delta Junction, Alaska. The most recent project involved a successful fuel contamination cleanup of a military fuel storage area dating back to the early days of Fort Greely and the construction of the Alaska Highway. Mike is experienced in hazard mitigation planning, emergency services management, including decades of project management. He has served the public as City Administrator, Deputy City Manager, and City Manager for the past 9 years. This includes implementation and management of both State and Federal grants, all of which were successfully completed. Contact Information: Contact information for the individuals identified above is provided below. Personnel Name & Title Agency Contact Info Michael Powers Borough Manager KIB P: 907-486-9302 F: 907-486-9374 E: mpowers@kodiakak.us Sara Mason Director of Community Development KIB P: 907-486-9360 F: 907-486-9396 E: smason@kodiakak.us Daniel McKenna-Foster Associate Planner KIB P: 907-486-9361 F: 907-486-9396 E: dmckenna-foster@kodiakak.us Dave Anderson Vice President NOK P: 907-486-3606 F: 907-486-2745 E: danderson@nativesofkodiak.com Mike Tvenge City Manager City of Kodiak P: 907-486-8640 F: 907-486-8600 E: mtvenge@city.kodiak.ak.us 1.2.2 Regulatory Agencies The Coalition will work closely with the EPA and the Alaska Department of Environmental Conservation (ADEC) to achieve Project objectives, maintain budgets and schedules, and prepare plans and reports. The Coalition will coordinate with EPA and ADEC to establish site eligibility and enroll hazardous substance and petroleum brownfield sites in appropriate cleanup programs. The Coalition will coordinate with ADEC and EPA (as needed) for technical support, resolution of regulatory or procedural issues, and interpretation of regulations and guidance documents. ADEC will provide review and approval of Cleanup Action Plans (CAPs) for sites requiring remedial action. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 104 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 4 1.2.3 Consultant Team The Coalition routinely contracts engineering and consulting services and has management and procurement procedures in place to acquire these services through a competitive qualifications and evaluation and/or bidding process. In advance of the grant application, KIB undertook a qualifications-based procurement and evaluation process, consistent with applicable federal procurement rules (2 CFR 200.317 - 200.326 and 2 CFR Part 1500). KIB solicited qualified consulting firms through a competitive public Request for Proposals/Qualifications (RFP/RFQ) seeking support for the Project. A panel of staff from KIB, NOK, and the City of Kodiak reviewed the proposals. In the fall of 2016, a team led by Stantec Consulting Services Inc. (“the Consultant”) was selected to provide technical and project management assistance. 1.2.4 Brownfield Advisory Committee (BAC) The Coalition has received commitment from community stakeholders for participation on a BAC. The BAC will serve as the Project steering committee and will be comprised of representatives from each Coalition partner, community organizations, state and local government agencies, environmental and health organizations, property/business owners, real estate professionals, community members, and other stakeholders. 1.2.5 Summary of Roles and Responsibilities by Project Task Brownfield assessment funding from EPA will be used to cover the costs of activities in direct support of brownfields sites as defined under CERCLA 101(39). The overall coordination of the Project will be carried out by Daniel McKenna-Foster and Sara Mason. The Consultant will provide technical assistance and ADEC will provide technical oversight. An overview of the Project tasks and lead entities for each task is provided below. • Task 1 - Project Management, Reporting & Other Eligible Program Activities: This task will be carried out by KIB with assistance from the Consultant. • Task 2 - Public Involvement: This task will be carried out by the Coalition with assistance from the BAC and Consultant. • Task 3 - Site Inventory, Prioritization & Eligibility: This task will be facilitated by the Consultant with assistance from the Coalition and BAC. The Coalition and BAC will develop the prioritization criteria and approve the prioritization process. Eligibility Determination (ED) requests for use of hazardous substances grant funds will be submitted to EPA for review and concurrence. ED requests for use of petroleum grant funds will be submitted to ADEC for determination of petroleum eligibility and then submitted to EPA for review and concurrence. • Task 4 - Phase I Environmental Site Assessments: This task will be carried out by the Consultant with assistance from the Coalition. • Task 5 - Phase II Environmental Site Assessments: This task will be carried out by the Consultant with assistance from the Coalition. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 105 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 5 • Task 6 – Analysis of Brownfield Cleanup Alternatives, Cleanup Action Plans, & Area-Wide Plans: This task will be carried out by the Consultant with assistance from the Coalition and BAC. 1.3 Project Outputs & Outcomes 1.3.1 Project Outputs The Coalition will inventory and assess hazardous substance and petroleum brownfields within the community to catalyze cleanup and revitalization of priority sites. The Coalition anticipates specific outputs to include the following: Task 1 – Project Management, Reporting & Other Eligible Program Activities • Establish Memorandum of Agreement (MOA) with Coalition partners. • Prepare Quarterly Progress Reports (QPRs). • Prepare annual Disadvantaged Business Enterprise (DBE) Reports. • Update property profiles in Assessment, Cleanup and Redevelopment Exchange System (ACRES). • Prepare final DBE Report, Federal Financial Report (FFR), and Project Close-Out Report. Task 2 – Public Involvement • Coordinate and conduct meetings with the BAC (a minimum of 6 meetings), general public (a minimum of 4 meetings), and individual meetings with developers, property owners, and other stakeholders, as needed. • Solicit, discuss and implement meaningful public input into the grant processes. • Prepare and publish public notices for all public meetings/workshops and to solicit public comments on ABCAs prepared using grant funding (including documentation of significant comments received and how they were/are being responded to). (A minimum of 3 rounds of advertising to correspond with meetings at the beginning, middle, and end phases of the project). • Prepare and publish articles to inform the community about the project. • Prepare meeting materials, presentations and meeting minutes. • Prepare and distribute Project fact sheets and other informational materials. • Develop and regularly update a Project-specific webpage. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 106 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 6 Task 3 – Site Inventory, Prioritization & Eligibility • Complete an inventory of potential brownfield sites in the target areas. • Incorporate portions of the inventory into existing GIS database(s) maintained by KIB. Inventory data will be provided by the Consultant in a format that can be incorporated into these databases for use as a long-term planning tool. • Work with the BAC to develop ranking criteria and process for site prioritization efforts. • Prioritize sites for assessment and/or cleanup planning activities. • Prepare site-specific eligibility determination (ED) requests for priority sites for submittal to EPA (hazardous substance sites) and/or ADEC (petroleum sites). Task 4 – Phase I Environmental Site Assessments • Obtain Access Agreements for sites prioritized for Phase I ESAs. • Prepare Health and Safety Plans (HASPs) for sites selected for Phase I ESAs. • Complete Phase I ESAs in compliance with ASTM E1527-13 at up to 16 high priority brownfield sites (~8 each for hazardous substance and petroleum impacted sites). Task 5 – Phase II Environmental Site Assessments • Develop one comprehensive Master Quality Assurance Project Plan (QAPP) that addresses both hazardous substances and petroleum sites. • Obtain Access Agreements for sites prioritized for Phase II ESAs. • Prepare HASPs, site-specific Sampling and Analysis Plans (SAPs) for sites selected for Phase II ESAs. • Prepare Section 7 and 106 consultations (as required) for sites selected for Phase II ESAs. • Complete Phase II ESA and/or supplemental assessment activities at up to 10 high-priority brownfields sites (~5 each for hazardous substances and petroleum impacted sites). Task 6 – Analysis of Brownfield Cleanup Alternatives, Cleanup Action Plans, & Area-Wide Plans • Prepare site-specific Analysis of Brownfield Cleanup Alternatives (ABCAs) and/or Cleanup Action Plans (CAPs) at up to 4 high-priority brownfields sites (~2 each for hazardous substances and petroleum impacted sites). • Conduct Area-Wide Planning (AWP) for up to 2 priority brownfield-impacted areas identified through the inventory and outreach process. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 107 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 7 1.3.2 Project Outcomes Grant funding will allow the Coalition to build a Brownfield Site Revitalization Program. The Coalition will develop the organizational infrastructure to enhance the processes for assessing, remediating, and catalyzing brownfield redevelopment. Other key objectives include raising awareness of brownfields and brownfield redevelopment tools; spurring private investment and creating jobs through development projects on brownfield sites; and reducing threats to human health and the environment. The following types of potential outcomes will be tracked on a quarterly basis for sites where EPA grant funds are used: • Number of potential brownfield sites identified/prioritized for assessment and/or clean-up planning activities. • Number of sites and acres for which Phase I ESAs are performed. • Number of sites and acres for which Phase II ESAs are performed. • Incorporation of green and sustainable assessment and remediation (GSR) techniques that are applicable to Phase II ESA, ABCA, CAP and AWP activities. • Number of sites and acres for which remedial planning is performed. • Numbers of sites for which property title transfers are facilitated. • Acres of land redeveloped and square footage of buildings positioned for adaptive reuse. • Acres of parks or green space created. • Amount of additional public and private investment leveraged. • Amount of other funding leveraged. • Number of jobs created or retained. • Number of community meetings held. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 108 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 8 2.0 PROJECT TASK DESCRIPTIONS In the following sections we include descriptions of the activities anticipated for each task as well as a detailed breakdown of the budget associated with each task. The budget includes average hourly rates of $150/hour for contractual services and $40/hour for KIB personnel labor and $21/hour for KIB personnel fringe benefits. Additional budget information is provided in Section 4.2 2.1 Task 1: Project Management, Reporting & Other Eligible Activities 2.1.1 Project Management & Reporting Activities Objective: Manage the Project in accordance with EPA requirements and CA terms and conditions. Activities: EPA compliance reporting, ongoing meetings with EPA and the consultant, and overall project management (e.g. maintain budget, schedule, etc.). Lead: The Coalition with support from the Consultant. Milestones, Deliverables & Schedule: • Fall 2017: Establish MOA with Coalition partners. • The Brownfields Project Director (Daniel McKenna-Foster) with support from the Brownfields Project Manager (Sara Mason) will coordinate grant activities with the Consultant and BAC and will serve as liaison to ADEC, EPA and other stakeholders. • Records will be created and maintained (in the KIB Community Development Office) for each property that receives grant funds (i.e. documentation of where/how grant funds are used will be documented in quarterly reports and property profiles will be created/updated in ACRES). Property profiles will be completed and updated quarterly in ACRES for each property where grant funds are expended. • Progress reports will be prepared and submitted to EPA on a quarterly basis [due within 30 days of the end of each federal fiscal quarter ending December, March, June, and September (i.e. reports will be submitted by January 30, April 30, July 30, and October 30)]. These reports will describe the progress made for each task defined in this Work Plan and additional information as required in EPA’s CA Terms and Conditions. The reports will be submitted electronically to the EPA Project Officer unless another arrangement is discussed and approved by EPA. • Disadvantaged Business Enterprises (DBE/MBE/WBE) Reports will be prepared and submitted to EPA annually within 30 days of the end of the fiscal year ending in September (i.e. reports will be submitted by October 30). • A final Project Close-Out Report, DBE Report and Federal Financial Report (FFR) will be completed and submitted (electronically) to the EPA Project Officer within 90 calendar days (or sooner) following the expiration or termination of the award. The final report will contain the same information as the Quarterly Progress Reports, but will cover the entire AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 109 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 9 Project period. In addition, the final performance report will specifically address lessons learned, successes achieved, and Project fact sheet and/or other information on project. 2.1.2 Task 1 Budget Detail Task 1 Budget Detail by Activity Description Units Cost per Unit Total Project Management & Reporting -- -- -- Contractual 200 hours $150/hour $30,000 Personnel Labor 50 hours $40/hour $2,000 Personnel Fringe 50 hours $21/hour $1,050 Other Eligible Activities -- -- -- Travel* -- -- $8,700 Other – Conference Registration Fees** -- -- $1,200 Total Hazardous Substances Budget -- -- $21,475 Total Petroleum Budget -- -- $21,475 Total Combined Budget (Hazardous & Petroleum) -- -- $42,950 *Travel Budget Detail: Below we provide a breakdown of anticipated travel costs for Coalition personnel to attend one national brownfields conference and one regional brownfields conference. Actual costs may vary. • National Brownfields Conference (based on 2017 EPA National Conference in Pittsburgh): o Airfare: 3 persons x $1,200/ticket = $3,600 o Lodging & Meals: 3 persons x $500/person = $1,500 o National Conference Subtotal: $5,100 • Regional Brownfields Conference (based on one out-of-state regional conference): o Airfare: 3 persons x $800/ticket = $2,400 o Lodging & Meals: 3 persons x $400/person = $1,200 o Regional Conference Subtotal: $3,600 **Other Budget Detail: Below we provide a breakdown of anticipated conference registration costs for Coalition personnel to attend one national brownfields conference and one regional brownfields conference. Actual costs may vary. • National Brownfields Conference (based on 2017 EPA National Conference in Pittsburgh): o Conference Registration Fees: 3 persons x $200/person = $600 • Regional Brownfields Conference (based on one out-of-state regional conference): o Conference Registration Fees: 3 persons x $200/person = $600 AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 110 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 10 2.2 Task 2: Public Involvement 2.2.1 Public Outreach & Involvement Activities Objective: Ensure community concerns are considered and inform assessment planning and execution. Activities: A robust engagement process will be initiated upfront to engage the community and gather input to guide short- and long-term program goals and objectives. Ongoing Brownfield Advisory Committee (BAC) meetings (a minimum of 4 during the first year and a minimum of 2 per year during subsequent years) and public meetings (minimum of 2 per year) will be hosted. Targeted outreach and individual meetings with stakeholders and property owners will also be conducted on an ongoing basis. Community outreach meetings will also include visioning exercises (such as design charrettes) to inform a common redevelopment strategy and implementation plan in support of Area-Wide Planning (AWP) activities. Lead: The Coalition with support from the BAC and Consultant. Milestones & Deliverables: • Convene the BAC. • Coordinate and conduct at least 6 meetings with the BAC, 4 public meetings/workshops, and individual meetings with stakeholders and property owners (as needed) to solicit input, publicize the program and promote community and property-owner participation. • Prepare and make publicly available a Site Nomination Form to solicit community input regarding identification and prioritization of sites of concern and to identify sites where environmental contamination (real or perceived) may be limiting redevelopment/reuse and business expansion. Estimated Submittal/Completion Dates: • Fall 2017: Develop Site Nomination Process and Document. • October 2017 (following completion of the MOA): Convene the BAC composed of community organizations and other stakeholders identified during the grant application process to plan and guide community outreach efforts. BAC meetings will be ongoing throughout the Project (as described in the activities above). • November 2017: Host Public Kick-off Meeting/Open House. Additional public meetings will be ongoing throughout the Project (as described in the activities above). Note: The meeting dates provided above are estimates and may change to coordinate BAC and/or public meetings with other relevant project meetings hosted by the Coalition. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 111 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 11 2.2.2 Project Updates & Other Public Information Activities Objective: Ensure the community is kept informed of Project goals, methods, and progress and ensure the public is provided opportunity for meaningful participation. Activities: Develop and maintain project webpage. Develop project fact sheets and informational materials specific to community members and property owners. Prepare press releases and articles announcing project activities and upcoming meetings. Prepare and publish public notices to solicit public comments on ABCAs prepared using grant funding (including documentation of significant comments received and how they were/are being responded to) Lead: The Coalition with support from the BAC and Consultant. Milestones & Deliverables: • Project webpage will be developed and updated throughout the life of the Project. The webpage will be hosted on KIB’s website and links to the webpage will be available on each Coalition member’s website. • Fact sheets (specific to property owners and the general public) will be prepared and distributed at the beginning of the Project, if there are new developments, and after the assessment is complete. They will be distributed at the first community meeting and made available on the project webpage. • A Process Guide will be prepared to inform property owners of what to expect should grant-funded Phase I and/or II ESA activities be approved for their property. • Press releases will be used to inform the public of the project, announce key milestones, and upcoming meeting dates. • Meeting minutes, handouts and presentations will be prepared for all BAC and community outreach meetings and will be made available on the project webpage. Estimated Submittal/Completion Dates: • Summer 2017: Publish article/press release announcing EPA grant award. • Fall 2017: Develop Project fact sheets for community members and property owners. Develop Process Guide for property owners. • Winter 2017/2018: Develop Project webpage and update throughout the life of the Project. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 112 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 12 2.2.3 Task 2 Budget Detail Task 2 Budget Detail by Activity Description Units Cost per Unit Total Public Outreach & Involvement -- -- -- Contractual 110 hours $150/hour $16,500 Personnel Labor 30 hours $40/hour $1,200 Personnel Fringe 30 hours $21/hour $630 Project Updates & Other Public Information -- -- -- Contractual 60 hours $150/hour $9,000 Personnel Labor 30 hours $40/hour $1,200 Personnel Fringe 30 hours $21/hour $630 Total Hazardous Substances Budget -- -- $14,580 Total Petroleum Budget -- -- $14,580 Total Combined Budget (Hazardous & Petroleum) -- -- $29,160 2.3 Task 3 – Site Inventory, Prioritization & Eligibility 2.3.1 Site Inventory & Prioritization Activities Objective: Build a GIS-based comprehensive inventory of potential brownfield sites in the Borough as a foundation for identifying priority cleanup and redevelopment opportunity sites, reaching out to property owners, and selecting sites for assessment and/or cleanup planning activities. The data will be integrated with City and Borough databases to better relate the presence of brownfields to various economic impacts and/or health data and to serve as a long-term planning tool. Activities: The following activities may be completed as part of the inventory: • Identify environmental records for all sites in the target areas listed in EPA, ADEC and/or local environmental databases; • Review select City, Borough and State records that are potentially relevant to identifying brownfields (including occupancy and other permits, tax delinquency status, building code violations, Loopnet, assessors data, and sites identified in recent plans and studies); • Review available historical Sanborn Fire Insurance Maps, aerial photographs, topographic maps, city directories and/or other sources of information to identify historic sites which have a significant potential for impacts; • Survey local real estate industry representatives for information on sites in the target areas; • Conduct tours/inspections throughout the target areas to identify blighted or vacant potential brownfield sites that are not recorded in existing databases or identified by recent plans/studies; and AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 113 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 13 • Review other State and Borough records to verify that all sites with known or suspected impacts or threats to public health are included in the evaluation/prioritization process. Following inventory activities, sites will be prioritized for assessment and/or cleanup planning. The following criteria will be analyzed when prioritizing sites: • property owner willingness/ability to obtain site access (pass/fail criteria); • economic development potential/opportunities; • known or suspected threats to public health; • sites identified in existing community planning documents; • degree of known or suspected environmental impacts; • degree of blight or underutilization; • tax delinquency status; • community concerns; and • social, demographic and health data (as available) within the immediate site vicinity. Lead: The Consultant will lead the inventory and prioritization activities with support from the Coalition and the BAC. Milestones & Deliverables: • GIS-based comprehensive inventory of potential brownfield sites within the Borough. The inventory will include a description of historical site use(s), RECs/contaminants of concern, and property status (vacant, underutilized, etc.). • GIS maps of potential brownfields sites, as needed, for planning and property redevelopment marketing. • Brownfield inventory report documenting inventory and prioritization methods. Estimated Submittal/Completion Dates: • June 2018: Initial inventory and ranking completed (to be updated throughout Project). 2.3.2 Site Eligibility Determination (ED) Request Activities Objective: The Consultant will prepare ED requests for sites prioritized for assessment and/or cleanup planning activities. Activities: Prior to initiating any site-specific work, site ED requests will be submitted to the EPA Project Officer using the supplied eligibility outline worksheet. Site eligibility will be reviewed and concurred on by the EPA Project Officer (for both petroleum and hazardous substance sites). As part of the ED process for petroleum contaminated sites, information will first be submitted for review by ADEC to obtain a petroleum determination letter to submit to EPA for concurrence. Lead: The Consultant with assistance from the Coalition. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 114 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 14 Milestones and Deliverables: Deliverables include completed/approved ED forms. Estimated Submittal/Completion Dates: ED requests will be submitted to EPA and ADEC throughout the grant period. The first ED request is estimated to be completed in winter of 2017/2018. 2.3.3 Task 3 Budget Detail Task 3 Budget Detail by Activity Description Units Cost per Unit Total Site Inventory & Prioritization -- -- -- Contractual 200 hours $150/hour $30,000 Personnel Labor 30 hours $40/hour $1,200 Personnel Fringe 30 hours $21/hour $630 ED Requests for Priority Sites -- -- -- Contractual 100 hours $150/hour $15,000 Personnel Labor 30 hours $40/hour $1,200 Personnel Fringe 30 hours $21/hour $630 Total Hazardous Substances Budget -- -- $24,330 Total Petroleum Budget -- -- $24,330 Total Combined Budget (Hazardous & Petroleum) -- -- $48,660 2.4 Task 4 – Phase I ESAs 2.4.1 Phase I ESA Activities Objective: Evaluate past and current site uses to assess potential for environmental contamination. Activities: Phase I ESAs will support property transfers and eventual redevelopment, and provide information for evaluating the need for Phase II ESAs and cleanup. The Coalition anticipates conducting Phase I ESAs on up to 16 sites (~8 each at hazardous substance and petroleum impacted sites). The Consultant will complete Phase I ESAs in accordance with ASTM Practice E1527-13. The Coalition will contact site owners and negotiate Access Agreements. The ACRES database will be updated following completion of each Phase I ESA. A Phase I ESA checklist will also be completed for submittal to EPA. Lead: The Consultant will lead the Phase I ESA task with assistance from the Coalition for site selection, data acquisition, and report review and distribution. KIB will execute Access Agreements with property owners with support from the Consultant. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 115 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 15 Milestones and Deliverables: Deliverables include site-specific Health and Safety Plans (HASPs), Phase I ESA checklists, and Phase I ESA reports. Estimated Submittal/Completion Dates: Phase I ESA checklists and reports will be prepared throughout the grant period. The first Phase I ESA report is estimated to be completed in spring of 2018. 2.4.2 Task 4 Budget Detail Task 4 Budget Detail by Activity Description Units Cost per Unit Total Phase I ESAs -- -- -- Contractual ~16 sites $4,750/site $76,000 Personnel Labor 40 hours $40/hour $1,600 Personnel Fringe 40 hours $21/hour $840 Total Hazardous Substances Budget -- -- $39,220 Total Petroleum Budget -- -- $39,220 Total Combined Budget (Hazardous & Petroleum) -- -- $78,440 2.5 Task 5 – Phase II ESAs 2.5.1 Quality Assurance Project Plan (QAPP) Activities Objective: Establish quality assurance/quality control (QA/QC) procedures applicable throughout the life of the grant-funded Project. Activities: Before beginning Phase II ESA work, both KIB and the Consultant will participate in a pre-QAPP conference call with EPA, if required. A draft Master QAPP (i.e. not site-specific) that addresses both hazardous substances and petroleum sites will be prepared and submitted to EPA and ADEC (if desired) for review and approval. The Consultant will finalize the Master QAPP once EPA has reviewed and provided comments on the draft. For cost savings and efficiency purposes, the comprehensive Master QAPP will be established at the beginning of the project. This approach will provide for ample EPA review and approval of the document well in advance of Phase II ESA activities and will significantly reduce costs associated with preparing multiple site-specific QAPPs throughout the life of the project. The Master QAPP will cover the full spectrum of field, sampling and analytical laboratory procedures for both hazardous substances and petroleum sites. The Master QAPP will be supplemented by a Site-Specific Sampling and Analysis Plan (SAP) prepared for each site selected for a Phase II ESA. As described in the following section, the SAP will define site conditions and applicable cleanup standards for constituents of concern and defer to the field, sampling, and analytical laboratory procedures defined in the EPA-approved Master QAPP. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 116 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 16 Lead: The Consultant will prepare the QAPP and KIB will review the draft prior to submittal to EPA and ADEC (if desired). Milestones & Deliverables: Draft and Final Master QAPP. Annual QAPP Revisions as needed. Estimated Submittal/Completion Dates: • January 2018: Draft Master QAPP submitted to EPA for review. • March 2018: Final Master QAPP completed (pending EPA review time). 2.5.2 Phase II ESA Activities Objective: Collect environmental sampling data to assess conditions, evaluate risks to human health and the environment, prepare for cleanup planning, and facilitate property transfers and redevelopment. The Coalition anticipates conducting Phase II ESAs on up to 10 sites (~5 each at hazardous substance and petroleum impacted sites) where the Phase I ESAs or other available information suggests that additional investigation is warranted. Phase II ESA activities are anticipated to include soil, groundwater, soil vapor, and regulated building materials sampling and analysis, and reporting. SAPs and HASPs addressing each property where Phase II ESA work is anticipated will be submitted to EPA for review prior to conducting any field activities. The SAP will define site conditions and applicable cleanup standards for constituents of concern and defer to the field, sampling, and analytical laboratory procedures defined in the EPA-approved Master QAPP. Preparing a comprehensive Master QAPP (versus multiple site-specific QAPPs) that is supplemented by SAPs will allow for an efficient document preparation and agency review process; thus reducing project costs and lag time. For each Phase II ESA to be conducted, the Consultant will also provide information to the Coalition to help fulfill EPA’s requirements under the Endangered Species Act Section 7 and the National Historic Preservation Act Section 106 (NHPA). The information will include the location of the Project, any threatened or endangered species or habitat that may be affected by the Project, whether a site is of concern to the State Historic Preservation Officer (SHPO), a list of Tribes who might believe the Project could disturb cultural resources, and an evaluation as to whether cleanup/redevelopment plans could have adverse effects on endangered or cultural resources. KIB will send letters to be submitted to the EPA. The ACRES database will be updated following completion of each Phase II ESA. Lead: The Consultant will lead the Phase II ESA task with assistance from the Coalition and the BAC for site selection, data acquisition, and report review and distribution. KIB will execute Access Agreements with property owners with support from the Consultant. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 117 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 17 Milestones and Deliverables: • EPA-approved SAPs • Site-specific HASPs • Phase II ESA Report(s) • Updated ACRES database • Green and sustainable efforts updates (included in quarterly reporting) • Section 7 and NHPA consultations (as necessary) Task 3 (Phase II ESA Subtask) Estimated Submittal/Completion Dates: • Summer 2018: Phase II ESA fieldwork underway at first site. • Fall 2018/Winter 2019: First Phase II ESA report(s) completed (ongoing throughout Project). 2.5.3 Task 5 Budget Detail Task 5 Budget Detail by Activity Description Units Cost per Unit Total Master QAPP -- -- -- Contractual 1 $6,000/QAPP $6,000 Personnel Labor 20 hours $40/hour $800 Personnel Fringe 20 hours $21/hour $420 Phase II ESAs -- -- -- Contractual ~10 sites $28,500/site $285,000 Personnel Labor 20 hours $40/hour $800 Personnel Fringe 20 hours $21/hour $420 Total Hazardous Substances Budget -- -- $146,720 Total Petroleum Budget -- -- $146,720 Total Combined Budget (Hazardous & Petroleum) -- -- $293,440 2.6 Task 6 – Analysis of Brownfield Cleanup Alternatives (ABCAs), Cleanup Action Plans (CAPs), & Area-Wide Plans (AWPs) 2.6.1 Site-Specific ABCAs & CAPs Objective: Prepare site-specific ABCAs and/or CAPs for up to 4 sites (~2 each for hazardous substances and petroleum impacted sites) to address contamination, risks to human health and the environment, and support brownfield redevelopment. Activities: The Coalition will conduct cleanup and redevelopment planning as required by ADEC and/or EPA for brownfields where redevelopment is imminent and such activities will move redevelopment forward. Planning may include preparation of ABCAs and/or CAPs. The plans/reports will describe detected contamination; conceptual site models; site-specific remedial action objectives; state and federal cleanup regulatory requirements; and evaluation of institutional and engineering controls. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 118 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 18 Stakeholder meetings will be held, as needed, to develop and review the most appropriate and effective remedial options for each selected brownfield site and redevelopment. The Coalition and environmental Consultant will work closely with ADEC and EPA when considering options for cleanup planning. The public notice and comment period for any ABCAs prepared using grant funding (including documentation of significant comments received and how they were/are being responded to) will be conducted under Task 2 – Public Involvement. This task also includes site reuse planning, which may include a variety of activities described in the AWP section to identify potential future uses. Lead: The Consultant will lead with assistance from the Coalition and the BAC on data acquisition, planning, and deliverable review and distribution. Milestones & Deliverables: Deliverables for this task will be site-specific ABCAs and/or CAPs. Estimated Submittal/Completion Dates: • Summer 2019: First written site-specific ABCA/CAP complete. 2.6.2 AWP Activities Objective: Identify potential future uses for up to 2 high priority areas (~1 each for hazardous substances and petroleum impacted areas) and develop strategies to facilitate the reuse of existing infrastructure, as well as identifying potential infrastructure investments needed to accommodate alternative future uses. Activities: With support from the Coalition and the BAC, the Consultant will develop an AWP document for up to 2 areas to be determined during outreach and inventory activities. AWP activities will be tailored to each focus area and may include a variety of activities to identify potential future use of brownfields-impacted areas and to develop strategies to facilitate the reuse of existing infrastructure and/or identify potential infrastructure investments needed to accommodate alternative future uses. These activities may include market research/evaluation, existing conditions/infrastructure evaluation, transportation analysis, and/or urban planning and design to determine how to optimize reuse and attract development. The full scope of this task will be determined based on a scoping meeting with the Coalition. Community outreach meetings and visioning exercises (such as design charrettes and scenario planning) to inform a common redevelopment strategy and implementation plan (based on community input) will be conducted as part of Task 2 – Public Involvement. Lead: The Consultant will lead with assistance from the Coalition and the BAC on planning, public outreach, and deliverable review and distribution. Milestones & Deliverables: Brownfields AWP(s). Estimated Submittal/Completion Dates: • July 2020: Anticipated completion date for AWP. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 119 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 19 2.6.3 Task 6 Budget Detail Task 6 Budget Detail by Activity Description Units Cost per Unit Total Site-Specific ABCAs/CAPs -- -- -- Contractual ~4 sites $7,450/site $29,800 Personnel Labor 30 hours $40/hour $1,200 Personnel Fringe 30 hours $21/hour $630 AWP -- -- Contractual ~2 areas $36,945/area $73,890 Personnel Labor 30 hours $40/hour $1,200 Personnel Fringe 30 hours $21/hour $630 Total Hazardous Substances Budget -- -- $53,675 Total Petroleum Budget -- -- $53,675 Total Combined Budget (Hazardous & Petroleum) -- -- $107,350 AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 120 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 20 3.0 SCHEDULE & DELIVERABLES The table below summarizes the anticipated deliverable schedule (assuming a project start date of October 1, 2017) and the agency/office each will be submitted to. DUE DATE ITEM EPA PO STATE AGENCY EPA GRANTS EPA FINANCE Pre-award (Sept. 2017)  Promote and advertise project in the community.  Establish MOA with Coalition partners. X X Month 1 (Oct. 2017)  Kick-off meeting with Consultant, Coalition members, and EPA.  Develop project fact sheets and webpage.  Develop Site Nomination Process Document and Access Agreement Template.  BAC Kick-off Meeting (a minimum of 4 meetings will be conducted during the first year and a minimum of 2 meetings per year during subsequent years). X Months 2-3 (Nov.-Dec. 2017)  Develop Master QAPP.  Establish access into ACRES. (Property Profile Forms will be entered into ACRES as property specific projects are completed.)  Public Kick-off Meeting/Open house (a minimum of 3 during first year and a minimum of 2 per year during subsequent years).  BAC Meeting #2. X Month 4 (Jan. 2018)  Submit draft Master QAPP for approval.  Preliminary inventory work.  Quarterly Progress Report (QPR) #1 for period 10/01/17-12/31/17 (or 1Q18) - continue quarterly for as long as needed. X X Month 6 (Mar. 2018) Finalize Master QAPP per agency comments (a SAP will be prepared for each property approved for a Phase II ESA). X X Month 8 (May 2018)  Inventory developed & Site Selection Criteria set.  All Appropriate Inquiries Rule Checklist (Form EPA 560-R-11-030) X AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 121 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 21 DUE DATE ITEM EPA PO STATE AGENCY EPA GRANTS EPA FINANCE Month 9 (June 2018)  Top sites selected for grant-funded activities.  BAC Meeting #3.  Public Meeting #2. X Ongoing ED approval requested & confirmed (at least 30 days before Phase I ESAs are scheduled to begin and at least 60 days before Phase II ESAs are scheduled to begin). X X (petroleum sites only) Before fieldwork begins  Execute Site Access Agreements.  Prepare HASP.  Prepare SAP (for Phase II ESAs).  Prepare Section 7/NHPA Letters as appropriate (for Phase II ESAs). X Ongoing  Prepare Phase I & II ESA Reports.  Prepare ABCA/CAP deliverables.  Prepare AWP deliverable(s). X X (CAPs for sites requiring remedial action) Annually Prepare annual DBE (MBE/WBE) Reports for submittal by October 30th of each year. X (copy) X Bi-monthly Prepare requests for reimbursement (approximately every 1-2 months). X Months 38 – 41 Prepare Final DBE & Federal Financial Reports (FFR; SF425) & Final Drawdown. X (copy) X (copy) X Months 38 – 41 Prepare Final Performance/Close-Out Report with summary fact sheets/ success stories, photos, and lessons learned. X AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 122 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 22 4.0 BUDGET 4.1 Budget Tables by Funding Type The total funding amount is $600,000 (comprised of $300,000 for petroleum sites and $300,000 for hazardous substance sites). The tables in this section summarize the budget by expenditure category (i.e. personnel, travel, contractual, etc.) for each task. Hazardous Substances Budget Task Personnel Labor Personnel Fringe Contractual Travel Other Total 1) Project Mgmt., Reporting & Other Eligible Activities $1,000 $525 $15,000 $4,350 $600 $21,475 2) Public Involvement $1,200 $630 $12,750 $0 $0 $14,580 3) Site Inventory, Prioritization & Eligibility $1,200 $630 $22,500 $0 $0 $24,330 4) Phase I ESAs $800 $420 $38,000 $0 $0 $39,220 5) Phase II ESAs $800 $420 $145,500 $0 $0 $146,720 6) ABCAs, CAPs & AWP $1,200 $630 $51,845 $0 $0 $53,675 Total Budget $6,200 $3,255 $285,595 $4,350 $600 $300,000 Petroleum Budget Task Personnel Labor Personnel Fringe Contractual Travel Other Total 1) Project Mgmt., Reporting & Other Eligible Activities $1,000 $525 $15,000 $4,350 $600 $21,475 2) Public Involvement $1,200 $630 $12,750 $0 $0 $14,580 3) Site Inventory, Prioritization & Eligibility $1,200 $630 $22,500 $0 $0 $24,330 4) Phase I ESAs $800 $420 $38,000 $0 $0 $39,220 5) Phase II ESAs $800 $420 $145,500 $0 $0 $146,720 6) ABCAs, CAPs & AWP $1,200 $630 $51,845 $0 $0 $53,675 Total Budget $6,200 $3,255 $285,595 $4,350 $600 $300,000 AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 123 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 23 Combined Hazardous Substances & Petroleum Budget Task Personnel Labor Personnel Fringe Contractual Travel Other Total 1) Project Mgmt., Reporting & Other Eligible Activities $2,000 $1,050 $30,000 $8,700 $1,200 $42,950 2) Public Involvement $2,400 $1,260 $25,500 $0 $0 $29,160 3) Site Inventory, Prioritization & Eligibility $2,400 $1,260 $45,000 $0 $0 $48,660 4) Phase I ESAs $1,600 $840 $76,000 $0 $0 $78,440 5) Phase II ESAs $1,600 $840 $291,000 $0 $0 $293,440 6) ABCAs, CAPs & AWP $2,400 $1,260 $103,690 $0 $0 $107,350 Total Budget $12,400 $6,510 $571,190 $8,700 $1,200 $600,000 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum 4.2.1 Budget Detail by Task The table below summarizes the total hazardous and petroleum budgets by task. A detailed breakdown of anticipated costs for the scope of work for tasks 1-6 is detailed in Section 2.0. Task Hazardous Substances Budget Petroleum Budget Total Combined Budget 1) Project Mgmt., Reporting & Other Eligible Activities $21,475 $21,475 $42,950 2) Public Involvement $14,580 $14,580 $29,160 3) Site Inventory, Prioritization & Eligibility $24,330 $24,330 $48,660 4) Phase I ESAs $39,220 $39,220 $78,440 5) Phase II ESAs $146,720 $146,720 $293,440 6) ABCAs, CAPs & AWP $53,675 $53,675 $107,350 Total Budget $300,000 $300,000 $600,000 AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 124 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 24 4.2.2 Budget Narrative by Expenditure Category The tables included in this section provide a cost breakdown by project task for each funding type (i.e. hazardous substances, petroleum, and combined total budget). (i) Personnel Labor Budget by Task Average Annual Base Salary for the Project Director & Project Manager: $83,650 (~$40/hour) Estimate Percentage of Time Assigned to Project: 15% The personnel budget was calculated using an average rate of $40/hour for personnel labor. Task Description Hazardous Budget Petroleum Budget Total Budget (Haz & Petro) Task 1 - Project Mgmt., Reporting & Other Eligible Activities $1,000 $1,000 $2,000 Task 2 - Public Involvement $1,200 $1,200 $2,400 Task 3 - Site Inventory, Prioritization & Eligibility $1,200 $1,200 $2,400 Task 4 - Phase I ESAs $800 $800 $1,600 Task 5 – Phase II ESAs $800 $800 $1,600 Task 6 – ABCAs, CAPs & AWP $1,200 $1,200 $2,400 Total Amount $6,200 $6,200 $12,400 (ii) Personnel Fringe Budget by Task Average Fringe Benefit Cost: ~53% of Basic Salary (~$21/hour) (Includes health insurance, disability, life/travel insurance, retirement benefits, and workers compensation.) The personnel fringe budget was calculated using an average rate of $21/hour. Task Description Hazardous Budget Petroleum Budget Total Budget (Haz & Petro) Task 1 - Project Mgmt., Reporting & Other Eligible Activities $525 $525 $1,050 Task 2 - Public Involvement $630 $630 $1,260 Task 3 - Site Inventory, Prioritization & Eligibility $630 $630 $1,260 Task 4 - Phase I ESAs $420 $420 $840 Task 5 – Phase II ESAs $420 $420 $840 Task 6 – ABCAs, CAPs & AWP $630 $630 $1,260 Total Amount $3,255 $3,255 $6,510 AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 125 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 25 (iii) Contractual Budget by Task The contractual budget assumes an average rate of $150/hour for contractual services. Task Description Hazardous Budget Petroleum Budget Total Budget (Haz & Petro) Task 1 - Project Mgmt., Reporting & Other Eligible Activities $15,000 $15,000 $30,000 Task 2 - Public Involvement $12,750 $12,750 $25,500 Task 3 - Site Inventory, Prioritization & Eligibility $22,500 $22,500 $45,000 Task 4 - Phase I ESAs $38,000 $38,000 $76,000 Task 5 – Phase II ESAs $145,500 $145,500 $291,000 Task 6 – ABCAs, CAPs & AWP $51,845 $51,845 $103,690 Total Amount $285,595 $285,595 $571,190 (iv) Travel Budget by Task As described in Section 2.0, the travel budget includes anticipated costs for Coalition personnel to attend one national brownfields conference and one regional brownfield conference. A detailed breakdown of anticipated travel costs is provided in Section 2.1.2. Task Description Hazardous Budget Petroleum Budget Total Budget (Haz & Petro) Task 1 - Project Mgmt., Reporting & Other Eligible Activities $4,350 $4,350 $8,700 Task 2 - Public Involvement $0 $0 $0 Task 3 - Site Inventory, Prioritization & Eligibility $0 $0 $0 Task 4 - Phase I ESAs $0 $0 $0 Task 5 – Phase II ESAs $0 $0 $0 Task 6 – ABCAs, CAPs & AWP $0 $0 $0 Total Amount $4,350 $4,350 $8,700 (v) Other Budget by Task As described in Section 2.0, the “other” budget includes conference registration fees for Coalition personnel to attend one national and one regional brownfields conference. A detailed breakdown of anticipated conference registration costs is provided in Section 2.1.2. Task Description Hazardous Budget Petroleum Budget Total Budget (Haz & Petro) Task 1 - Project Mgmt., Reporting & Other Eligible Activities $600 $600 $1,200 Task 2 - Public Involvement $0 $0 $0 Task 3 - Site Inventory, Prioritization & Eligibility $0 $0 $0 Task 4 - Phase I ESAs $0 $0 $0 Task 5 – Phase II ESAs $0 $0 $0 Task 6 – ABCAs, CAPs & AWP $0 $0 $0 Total Amount $600 $600 $600 AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 126 of 301 Kodiak Island Borough Cooperative Agreement Work Plan July 10, 2017 Page 26 (vi) Total Budget by Expenditure Type Expenditure Type Hazardous Budget Petroleum Budget Total Budget (Haz & Petro) Personal Labor $6,200 $6,200 $12,400 Personal Fringe $3,255 $3,255 $6,510 Contractual $285,595 $285,595 $571,190 Travel $4,350 $4,350 $8,700 Other (Conference Registration Fees) $600 $600 $1,200 Total Amount $300,000 $300,000 $600,000 AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 127 of 301 Professional Services Agreement for U.S. EPA Brownfield Grant Administration KIB-Stantec Exhibit B Insurance Requirements AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 128 of 301 Z:\CD\CD-02 Project Files\EPA Brownfield Grant\00 Administration\Contract Documents\Exhibit B – Insurance Requirements.docx EXHIBIT B – INSURANCE REQUIREMENTS U.S. EPA BROWNFIELD GRANT APPLICATION AND IMPLEMENTATION SERVICES CONTRACT 9/15/2017 1. INTRODUCTION The selected contractor shall not commence work under this contract until all the insurance required under this Article has been obtained and such insurance has been approved by the Kodiak Island Borough, nor shall the contractor allow any sub-consultant to commence work until the insurance required has been so obtained. The contractor shall maintain such insurance as will protect it from claims under Worker’s Compensation Acts and other employee benefit acts for damages because of bodily injury, including death, to its employees and all others for damages to property, any or all of which may arise out of or result from the contractor’s operations under the Contract whether such operations be by itself or by any sub-consultant or anyone directly or indirectly employed by either of them. 2. INSURANCE TYPES AND MINIMUMS A. Worker’s Compensation The Contractor shall procure and maintain, during the life of this Contract, Worker’s Compensation Insurance as required by applicable State law for all its employees to be engaged in the work. In case of sub-consulted work, the sub-consultant shall provide Worker’s Compensation Insurance for all of its employees engaged in the work. B. Contractor’s Liability The Contractor and sub-consultants shall procure and maintain, during the life of this Contract: 1) Public Liability Insurance and Contractual Liability: The minimum acceptable limits of combined single limit coverage shall be in an amount not less than $1,000,000. 2) Vehicle and Automobile Liability and Property Damage Insurance: Limits and coverage to be in the same amounts specified in paragraph 2.B.1 above. 3) Sub-consultants Public Liability and Property Damage Insurance: The sub-consultants shall insure the activities of their employees, by type and amount, specified in paragraphs 2.B.1 above. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 129 of 301 Z:\CD\CD-02 Project Files\EPA Brownfield Grant\00 Administration\Contract Documents\Exhibit B – Insurance Requirements.docx C. Professional Liability The Contractor, at its own cost and expense, shall effect and maintain at all times during the life of the Contract a good and sufficient professional liability insurance policy of not less than $1,000,000.00, protecting the Contractor against claims of the Kodiak Island Borough for negligence, errors, mistakes, or omissions in the performance of the services to be performed and furnished by the Contractor. 3. CERTIFICATES The Contractor shall furnish certificates issued to the Kodiak Island Borough showing the type, amount, effective date, and dates of expiration of the policies outlined above and with the provisions or endorsements identified in Section 10.a-d of Contract Number FY2018-03. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 130 of 301 Professional Services Agreement for U.S. EPA Brownfield Grant Administration KIB-Stantec Exhibit C Budget AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 131 of 301 EXHIBIT C – BUDGET U.S. EPA BROWNFIELD GRANT APPLICATION AND IMPLEMENTATION SERVICES CONTRACT 9/15/2017 Stantec Consulting Services Inc. (Stantec) has prepared the following budget for EPA Brownfields Assessment Grant Application and Implementation Services for the Kodiak Island Borough (KIB) in accordance with the Stantec proposal dated November 7, 2016 and the Cooperative Agreement (CA) Work Plan dated July 10, 2017. Per the scope of work described in Exhibits A-1 and A-2, the project shall have two phases: • Phase 1 – EPA Brownfields Grant Application Services • Phase 2 – EPA Brownfields Grant Implementation Services PHASE 1 BUDGET – EPA BROWNFIELDS GRANT APPLICATION SERVICES Phase 1 services were completed at no cost to the Kodiak Island Borough (KIB). (Grant application services were paid for by Natives of Kodiak under a separate contract with Stantec. The CA Work Plan was prepared at no cost.) PHASE 2 BUDGET – EPA BROWNFIELDS GRANT IMPLEMENTATION SERVICES Following KIB’s award of $600,000 of EPA Brownfield Assessment Grant funding ($300,000 of hazardous substances funding and $300,000 of petroleum funding) , Phase 2 services will be performed on a time and materials basis for a total amount not to exceed $571,190. Table 1 includes the budget for Phase 2 services (as established in the EPA- approved CA Work Plan dated July 10, 2017). A detailed breakdown of the proposed budget for each task is included in the CA Work Plan. Table 2 includes the rate schedule provided in the Stantec proposal dated November 7, 2016. Table 1: Budget Task Name Hazardous Petroleum Total Task 1 – Project Management, Reporting & Other Eligible Activities $15,000 $15,000 $30,000 Task 2 – Public Involvement $12,750 $12,750 $25,500 Task 3 – Site Inventory, Prioritization & Eligibility $22,500 $22,500 $45,000 Task 4 – Phase I ESAs $38,000 $38,000 $76,000 Task 5 – Phase II ESAs $145,500 $145,500 $291,000 Task 6 – ABCAs, CAPs & AWPs $51,845 $51,845 $103,690 TOTAL ESTIMATED COST: $285,595 $285,595 $571,190 AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 132 of 301 Table 2: Rate Schedule for Grant Implementation Key Team Member Role Stantec Billing Level Unit Cost per Hour Anticipated Project Tasks Stantec Consulting Services Inc. Administrative Assistant/Field Technician I 6 $101 Fieldwork, Report Editing GIS Technician/Field Technician II 7 $109 GIS, Site Inventory, Phase I/II ESA, HASP & SSSAP Preparation, Report Editing Project Coordinator I 8 $118 Project Administration, Report Production Project Coordinator II 9 $127 Fieldwork, Phase I/II ESA, Reporting Funding Specialist/Project Specialist (Meredith Noble; Andrea Pedersen) Project Engineer/Geologist/Scientist I (Collin Macheel) 10 $137 Public Outreach, Compliance Reporting, Project Management Support, Local Liaison Site Inventory, HASP & SSSAP Preparation, Phase I/II ESA, Site-Specific Cleanup/Reuse Planning Intermediate Engineer/Geologist/Scientist II (Cyrus Gorman) 11 $148 Phase I/II ESA, Site-Specific Cleanup/Reuse Planning, Report Editing Professional Engineer/Geologist/Scientist III (Kim Vik) 12 $161 Phase I/II ESA, Site-Specific Cleanup/Reuse Planning, Report Editing Senior Engineer/Geologist/Scientist I (Doug Quist) 13 $173 Site Inventory & Prioritization, Phase I/II ESA, Site- Specific Cleanup/Reuse Planning Senior Engineer/Geologist/Scientist II Senior Permitting Specialist (Sara Lindberg) Senior Real Estate Strategist (Riley Witt) 14 $186 Site Reuse Planning, Area-Wide Planning, Permitting, Entitlements Real Estate Strategy, Public Outreach Senior Engineer/Geologist/Scientist III Project Manager & Senior Grant Specialist (Chris Gdak) 15 $196 Project Management, Inventory & Eligibility, QA/QC, Cleanup/Reuse Planning, Area-Wide Planning, Public Outreach Kodiak Engineering Services, LLC Public Involvement Lead (Natasha Hayden) n/a $105 Public Outreach & Involvement Northern Economics Analyst I n/a $100 Real Estate Strategy, Market & Economic Impact Analysis, Redevelopment & Area-Wide Planning Analyst II n/a $105 Principal/Senior Economist (Michael Fisher) n/a $165 Rates will be fixed for a period of 24 months (per Section III of the RFP) and then subject to annual increase. Stantec will provide cost estimates for other fees/expenses including equipment rental and other reimbursable expenses as needed during the course of the project (in advance of performing such services). All subconsultant/subcontractor fees, equipment, and reimbursables will be charged at cost + 10% markup. AGENDA ITEM #A.A. Contract No. FY2018-11 Professional Services Agreement For U...Page 133 of 301 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2018-10 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (P&Z Case No. 17-011). ORIGINATOR: Sara Mason RECOMMENDATION: Move to adopt Resolution No. FY2018-10. DISCUSSION: In August 2016 the Borough Resource Management Officer submitted an Administrative Request for a Title 18 Land Disposal Review by the Planning & Zoning Commission, in response to the Assembly's direction at its August 25, 2016 Work Session to the Community Development Department to stop work on the Killarney Hills Master Plan process. The case (Case No. 17-011) was placed on the October 2017 Regular Meeting agenda. Staff's recommendation was to retain the parcels in question. The case was postponed from October 2016 to February 2017, then from February 2017 to April 2017, then from April 2017 to August 2017 by the Planning & Zoning Commission. Based on staff recommendations, public comments on the im portance of the recreational space to the community, and the fact that a master planning process had been started for the parcels, but has not yet been completed, the Commission voted to recommend retention of the parcel (unanimous vote) at their August 2017 Regular Meeting. ALTERNATIVES: Fail Resolution No. FY2018-10 and direct staff to prepare a resolution in favor of disposal. Staff will need to be provided with findings of fact in support disposal if this alternative action is the will of the Assembly. FISCAL IMPACT: If the Borough retains these parcels, status quo would continue; in that the Borough currently collects no tax revenue from these parcels. If the Borough opts to dispose of these these parcels by RFP (KIBC 18.20.085), potential tax revenues could vary greatly and will be based on the proposals put forth by developers. OTHER INFORMATION: AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 134 of 301 Kodiak Island Borough, Alaska Resolution No. FY201-10 Page 1 of 1 Introduced by: KIB Assembly 1 Drafted by: CDD Staff 2 Introduced on: 10/05/2017 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2018-10 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 9 RECOMMENDING RETENTION OF LOTS 1-4, BLOCK 4 AND TRACT R2, KILLARNEY 10 HILLS SUBDIVISION (P&Z CASE NO. 17-011) 11 12 WHEREAS, the Resource Management Officer has requested disposal of Lots 11-14, Block 4 13 and Tract R2, Killarney Hills Subdivision; and 14 15 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed disposal 16 of Borough land to be reviewed by the Planning & Zoning Commission before submission to the 17 Assembly; and 18 19 WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to make a 20 recommendation to the Assembly by resolution regarding the proposed land disposal; and 21 22 WHEREAS, the principal purpose of the Planning & Zoning Commission review is to consider 23 if the land identified is surplus to the Borough’s need; and 24 25 WHEREAS, the Planning & Zoning Commission has found that the parcels identified for 26 disposal are not surplus to the Borough’s need at this time, based on its review; and 27 28 WHEREAS, the Planning & Zoning Commission held a public hearing on August 16, 2017 to 29 consider this land disposal request. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH that the Kodiak Island Borough Assembly, in accordance with Title 18 of the Kodiak 33 Island Borough Code, recommends retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills 34 subdivision. 35 36 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 37 THIS __________ DAY OF _______________, 2017. 38 39 KODIAK ISLAND BOROUGH ATTEST: 40 41 ___________________________ ___________________________ 42 Daniel A. 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A.._.:m_u_m::_:mmNo:_:moo:=:_mm_o::mm:2no_.:u_m.ma.3_.:mm~m_.u_m::_:umac:8 m:ummmEmucu__om:aam.m::.:mEmoo.:3::=<:mmamamm"E=.___mac<Emwm Eoumamm. N._.:mmmum_.nm_m_._o:mm.mo_.mm:o:m_3__mmamEm"m_.m:_m_.__<<m_:ma3 :c3m_.ocm o_.mm:_Nm:o:m_:xoamxm:am_.m«mm:_m_._<cmmq3..muo_.=:mm:aoEm_.no:=:c:=< m<m3m. w._»m.m::o:SEmmmum3m_m.mmcuuonmac<<m_._o_._m_,..=acmmm:n um_.xmw _.mn.mm:o:m_nom_m._uo__n_mm_m:a=:u_m:._m:~m:o:mono:_%as3_:Em mqoEma 880o_.:u_.m:m:m.<m.u_m:. >uo3m_um<._.:mxou_>x_m_.>zomomocm:_._.>zz_zm>20NOZ_z0 oo_sz__mm_oz:.__mU><0.“No.3 _#>zz_zo>20NOZ_z0oo_s_<__mm_ozn moo:>_.:&_o:m= >._.._.mm._.u m:m__mm3_E.OUUmmm_.m.m_.< xogmx_m_m:nwo3:u_.__>_mmxmmmmo_S_o:zo._u<m3 $3 _umomM2 M O3‘...o. AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 3 7 o f 3 0 1 Kodiak Island Borough Page 4 of 8 Planning and Zoning Commission Minutes August 16, 2017 easements along the west lot lines of Lot 19 and Tract A. Documentation confirming that those services have been rerouted must be provided. 13. The electrical easements identified on the plat mark-up for Case No. S18-001 shall be depicted on the Final Plat. 14. Surveyor note No. 4 shall be amended to read “further subdivision of Lots 1 thru 21 is prohibited” on Final Plat. 15. The lengths of all lot lines shall be depicted on the Final Plat. FINDINGS OF FACT 1. This plat meets the data and lot design requirements of Chapter 16.40 (Preliminary Plat) of the Borough Code. 2. The adopted conditions of approval will ensure that the improvement requirements of Chapter 16.40 (Preliminary Plat) are completed prior to Final Plat approval. 3. The adopted conditions of approval will ensure that the Final Plat meets the standards of Title 17 (Zoning) of the Borough Code. 4. The adopted conditions of approval will satisfy review agency requests. 5. The adopted conditions of approval will ensure that the associated 25’ utility easement is suitable for vacation per Chapter 16.60 of the Borough Code. 6. This plat provides a subdivision of land that is consistent with the adopted Borough plans and development trends for this area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C. CASE 17-011 (Postponed at the April 19, 2017 Regular Meeting). Request a Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. The applicant is the Kodiak Island Borough and the agent is the Borough Resource Management Officer. The location is 3235 Rezanof Drive East & NHN Woody Way Loop and the zoning is R2-Two-family Residential. Case 17-011 postponed at the April 19, 2017 Motion on the floor made at the October 19, 2016 regular meeting: COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-11, recommending retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and to adopt the findings of fact listed in the staff report dated October 5, 2016 and entered into the record for this case as “Findings of Fact” for Case No. 17-011. The motion was seconded by COMMISSIONER BALDWIN. FINDINGS OF FACT (Supporting motion on the floor) 1. The Planning and Zoning Commission has not completed its master planning effort to engage the public and determine the community needs best fulfilled by these properties. 2. This parcel houses 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 this parcel is supported by various land use and parks & recreation goals, policies, and implementation actions identified in the adopted Comprehensive Plan. Director Mason reported since much time has lapsed since the introduction of this case, staff made some changes to the resolution. After some additional conversation, we tweaked it again. The new resolution is right after the supplemental staff report. The highlighted information is what we talked about last week and she made a couple of other changes. COMMISSIONER SCHMITT MOVED to amend the motion to insert “revised” before Resolution FY2017-11. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to strike “October 5, 2016” after staff report dated and insert “August 2, 2017.” AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 138 of 301 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 #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 139 of 301 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 4 0 o f 3 0 1 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES February 15, 2017 Regular Meeting Followed Speclal Meeting-Borough Assembly Chambers CALL TO ORDER Call to order the February 15, 2017 regular meeting of the Planning & Zoning Commission at 7:15 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Greg Spalinger. Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Chris Hatch, and Colin Young. Excused was Greg Spalinger. A quorum was established. Community Development Department staff present was Director Mason, Sheila Smith, Daniel Mckenna-Foster, and Jack Smith. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the January 18, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492- 9202. None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local phone number is 486-3231 ; Toll Free is 1-855-492-9202. A) CASE 17-011 (Postponed from the October 19, 2016 regular meeting). Request a Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11thru14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Kodiak Island Borough February 15, 2017 Planning & Zoning Commission Minutes Page 1 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 141 of 301 Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. The applicant is the Kodiak Island Borough. The location is 3235 Rezanof Drive East & NHN Woody Way Loop. Motion on the floor made at the October 19, 2016 regular meeting: COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-11, recommending retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and to adopt the findings of fact listed in the staff report dated October 5, 2016 and entered into the record for this case as "Findings of Facr for Case No. 17-011. The motion was seconded by COMMISSIONER BALDWIN. Director Mason stated this was postponed to allow for additional public participation and to allow additional dialog occur for the Borough Assembly and the Borough Lands Committee. We did receive additional public comment, which is in the packet. Since October, the Lands Committee had discussion in December when they decided it's best at a later date to determine whether or not perhaps portions of the parcel should be disposed of amongst other reasons. They were not comfortable with the borough moving forward with this and they recommended going back to a planning process. Duane Dvorak, Resource Management Officer, wrote a memo to the Assembly, as the Lands Committee staff, letting the Borough know of the Assembly's recommendation to go back to the Master Planning effort. The Parks and Recreation Committee has submitted a similar letter of support for a planning process. In December, because of what the Lands Committee discussed Dvorak submitted a request to postpone this item further. In January, Dvorak came back and withdrew his request to postpone because we did not want this item to show up on the agenda at all in a public advertisement until it was clear what direction the Assembly would like to go. We could not avoid that so it is on tonight's agenda. The Assembly, at last week's work session, the Assembly had this as a discussion item . What Mason gathered from that discussion was that before the Assembly makes a decision they would like to see a scope and not an extremely detailed schedule but kind of a wag of a schedule with approximate timelines on a shorter planning process and a development process to see what those look like side by side so they are very clear on what it is they are approving. They also discussed sending it back to the Lands Committee. Our recommendation has not changed to retain this parcel. Open public hearing: Duane Dvorak, KIB Resource Management Officer and agent, stated he is not sure that postponing and giving it more time is best. We have given plausible rebuttal. This property was bought and developed for projects at the time at great expense to the borough. There is an opportunity to dispose of it or some of it and maybe get some tax revenue and new housing. Even the city would benefit because it is inside city limits. The ballfield occupies approximately five acres with the field, parking, and access. In his mind, they could co-exist. He went to the Lands Committee to try to get some additional input or a recommendation. The committee recommended planning. He thinks there are other ways to do this. The Assembly has received the Lands Committee's recommendation. Dvorak recommended that the commission decide this tonight and let it go where it needs to go. Close public hearing: Commission discussion about the planning process should be reinstated, postponement or not, feeling cornered to vote on something that the public has not had an opportunity to give extensive input and discussion on which way this should go, the waste water Infrastructure issues, population density, traffic issues, relocation of ballfields, and how dense do we want that development to be, the need for the Assembly to set up a schedule of community input and public participation. Kodiak Island Borough February 15, 2017 Planning & Zoning Commission Minutes Page 2 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 142 of 301 COMMISSIONER SCHMITT MOVED to postpone to our April 19, 2017 agenda. ROLL CALL VOTE ON MOTION CARRIED 5-1. The ayes were COMMISSIONERS ARNDT, AL TENHOF, SCHMITT, HATCH, and YOUNG. The nay was COMMISSIONER PAINTER. B. CASE S17-002 (Postponed from the January 18, 2017 regular meeting). Request Preliminary approval of the subdivision of Lot 1 A-4, U.S. Survey 3465 creating Lots 1 A- 4A. 1 A-48, 1 A-4C, and 1 A-40, U.S. Survey 3465. This subdivision amends a plat covenant that designates Lot 1 A-4 (± 3 acres) for parks and recreational purposes by designating only Lot 1 A-4A (a ± 2.3 acre portion of Lot 1 A-4) for those purposes. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Management Officer. The location is 593 Island Lake Road and the zoning is PL-Public Use Lands. Motion on the floor from the November 30, 2016 regular meeting. COMMISSIONER BALDWIN MOVED to grant preliminary approval of the subdivision Lot 1A-4, U.S. Survey 3465 creating Lots 1A-4A. 1A-4B, 1A-4C, 1A-4D, and 1A-4E, U.S. Survey 3465 (KIBC 16.40) subject to three (3) conditions of approval, and to adopt the findings in the supplemental staff report dated November 2, 2016 and entered into the record for this case as "Findings of Fact" for case S17-002. Jack Maker stated this has been postponed several times. This request follows a recently approved disposal of + portion of the parcel and a Comprehensive Plan Amendment and rezone . The initial request was for a subdivision of the parcel into five lots. The commission expressed concerns regarding drainage issues and the request was postponed to allow the applicant time to address the concerns. The applicant has since submitted an engineered drainage plan and revised plan that subdivides the parcel into four lots. The revised plat meets the requirements and the lots have been reconfigured so drainage paths are situated on Lots 1 A-4A, which will be retained by the borough . Drainage easements will be established along the drainage paths. Staff recommends preliminary approval be granted. COMMISSIONER SCHMITT MOVED to amend the motion by striking everything after 1 A-4D and inserting "U.S. Survey 3465 (KIBC 16.40) subject to five (5) conditions of approval, and to adopt the findings in the supplemental staff report dated February 9, 2017 and entered into the record for this case as "Findings of Fact" for case S17-002." Open public hearing: Duane Dvorak, Resource Management Officer spoke in support of the request. Close public hearing: Brief commission discussion. CONDITIONS OF APPROVAL 1. Surveyor note No.6 shall be revised to read as follows on Final Plat: "Lot 1 A-48 created this survey shall have a building setback requirement of 15 feet from the northerly lot line of said lot as shown on this plat." 2. Surveyor note No. 7 shall be revised as follows on Final Plat: "Lot 1 A-4D created this survey shall restrict driveway access to the area between the northeast corner of said lot and monument M-7 on front lot line of said lot as shown on this plat." 3. The 20 foot wide portion of the drainage easement that is centered on the rear lot lines of Lots 1A-4B, 1A-4C, and 1A-4D shall be completely relocated onto adjacent Lot 1A-4A on the Final Plat. Kodiak Island Borough February 15, 2017 Planning & Zoning Commission Minutes Page3 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 143 of 301 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES October 19, 2016 Regular Meeting 6 :30 pm-Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the October 19, 2016 regular meeting of the Planning & Zoning Commission at 6:30 p.m . PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Requested excusal was Greg Spalinger and Barry Altenhof due to both being out of town for personal business. Commissioners present were Scott Arndt, Jay Baldiwn , Maria Painter, and Alan Schmitt. Excused was Barry Altenhof and Greg Spalinger. A quorum was established. COMMISSIONER BALDWIN MOVED to excuse Greg Spalinger and Barry Altenhof. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Director Mason and Sheila Smith . APPROVAL OF AGENDA COMMISSIONER BALDWIN MOVED to add Approval of Minutes to the agenda and to approve the agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER BALDWIN MOVED to approve the September 21, 2016 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments . Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. A) CASE 17-011. Request a Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. The applicant is the Kodiak Island Borough and the agent is the KIB Resource Kodiak Island Borough October 19, 2016 Planning & Zoning Commission Minutes Page 1 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 144 of 301 Management Officer. The location is 3235 Rezanof Drive East and NHN Woody Way Loop, and the zoning is R2-Two-family Residential. COMMISSIONER SCHMITI MOVED to adopt Planning and Zoning Commission Resolution No. FY2017-11, recommending retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and to adopt the findings of fact listed in the staff report dated October 5, 2016 and entered into the record for this case as UFindings of Fact" for Case No. 17-011. Director Mason reported these five lots in question were purchased with the purpose of locating the new hospital. Site work was done but this location fell through and an alternative site was chosen. Since the mid 90's it has been used for recreational purposes. There have been a number of site improvements made and the use of the facility over the years have increased significantly. The current use with the two sports fields was authorized in 2009 through a joint use agreement with the borough, city, and the school district. That use has continued and the City Parks and Recreation Department has continued maintaining that site. In 2013 Tract R1 was subdivided into the five parcels, and the smaller lots 11-14 were intended for borough land sale 2018 but were withdrawn from that sale. In 2014, the assembly authorized disposal of a larger area that reconfigured those lots into a nine lot configuration. Preliminary plat approval was given for a six lot configuration. The final plat has not been recorded yet. The four smaller lots legally exist. In January 2015, the commission initiated a master planning process but due to staff shortages the project hadn't moved forward much. In May 2016 it was reconfigurated and initiated as a modified master planning process. Since then, Community Development Department staff has gone to an assembly work session where this planning process was a topic of discussion where the assembly decided that it would behoove the borough to move forward with a development planning process where we solicit requests for interests and requests for proposal for developers to come in to give us their thoughts and maybe some plans for the site. This parcel isn't going to be outright sold at a land sale or outcry auction but initiating this Title 18 Land Disposal is a formality with the way our code is written. The parcel is still being used by many organizations for recreational purposes; Little League, Football League, Relay for Life, and the schools. The Comp Plan goals that staff felt consistant with the recommendation are listed in the staff report. Given the history and the public's expectation of a master planning process and their perceived need for a master planning process, staff can't say with certainly that this parcel is surplus to the public's or the borough's need, and that's why staff recommended retention of this parcel. COMMISSIONER PAINTER stated staff initially said they favored this to go for release of public lands, then another staff report said that they didn't want that but she can't find it, and what we're saying now is that we are changing our minds and initially we had a favorable response in 2015 and what she is understanding is now you've changed your mind or is this something that you've heard from the public and that has made staff change their minds, Director Mason stated we have heard a fair bit from the public. Not everyone wants to keep it just as a ball field as is, they would like to see some additional development and they realize the benefit. The last two years or so they've been told they werre getting a master planning process and it's really hard for developers to come up with a plan that meets the communities needs when no planning has been done to determine what the needs of the community are because all of Kodiak is using the fields now. We aren't opposed to development here and it's not intended to bar any development and leaving it as is. It's what we've heard from the community. We Kodiak Island Borough October 19, 2016 Planning & Zoning Commission Minutes Page 2 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 145 of 301 don't have a lot of data on how much recreational space we need and how much additional housing we need. It was mentioned today at the Lands Committee meeting the potential of putting business parcels there. We don't know what the demand is for that kind of thing but there's a benefit for having those kinds of neighborhood cluster areas. Staff would like the opportunity to make sure that when we send this out to a developer we're not giving developers a list of things that just staff thinks needs to be there, that it's a list of things the public feels they need there as well. COMMISSIONER SCHMITT stated that the only time staff spoke in favor of disposal was for the four lots that had been subdivided and then the nine lot proposal presented subsequent to that. As far as the rest of the property, he recalls no instance where staff said we should dispose of all of that. In response to CHAIR ARNDT'S inquiry of at this point the planning process has stopped, Director Mason stated at this point we would have been into public meetings. In response to COMMISSIONER PAINTER's inquiry of the September 281h letter from Duane Dvorak one of the findings of fact was the subject parcel may not be capable of providing suitable urban residential building sites based on topographical constraints; drainage, access, utility issues, etc. but then she looked in August of 2015 it states that as far as buildability minimal site grading would be necessary for most any type of development compared to the most other sites in or around Kodiak so it's going from one to the other. She wants it clarified if you have any idea of where staff stands now as far as buildability, etc. Director Mason said there is not any topographical issues. Director Mason said she was looking for the letter Painter is referring to but she is not finding it. COMMISSIONER PAINTER said for Director Mason to give her her opinion at this point based on her research. Director Mason stated it is buildable, all of the parcels in question are buildable. Mr. Kozak, Public Works Director, provided some of his thoughts in a public comment for this case. There's no topography issues that she is aware of. COMMISSIONER SCHMITT stated it's not the topography but the access and primarily sewer services. That's the primary reason the four lots that have been subdivided haven't gone on sale because they don't have sewer service to them, and it's going to cost in the range of $300,000 to put a sewer line in to service those lots. The property has been excavated down to bedrock so to put in the sewer and water services to it would require blasting and trenching which will not be cheap. Open public hearing: Corey Gronn, City Parks and Recreation Director, stated as a resident he urged the commission to consider continuing with the master planning process. This parcel is of significant interest and to forego the process of master planning is not in the best interest of the public. The Joint Use Agreement is in affect and renewal is on an annual basis. Per that agreement, the borough is supposed to notify the city of any major changes to that agreement which this property is that and that has not been done. He's asking the commission to vote it down and to continue the master planning process and let the public speak on it. Duane Dvorak, KIB Resource Management Officer and agent, stated he doesn't agree with the recommendation. He got back from leave last week and brought this staff report tonight to handout. He wouldn't ask the commission to make a decision based on this input that no one has seen. The value of the property is assessed upwards of $2 million, Kodiak Island Borough October 19, 2016 Planning & Zoning Commission Minutes Page 3 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 146 of 301 that's money the community has invested in this property. With a negative recommendation there's no way for the community to realize any compensation of that investiment. Ultimately, the assembly is going to make the final decision on this request and you have an opportunity to influence that decision but if you just say no, particularly on the limited basis presented in this staff report. The staff report has some good information but this isn't a parcel like you see that's on some public use land that we're trying to rezone, amend the Comp Plan, and get a disposal authority. It's zoned R2 and has been for a long time. It's designated for urban residential plan in the Comp Plan. Staff is aware of the three agency agreement. The agreement was held by the Borough Manager for several months because of the closure of Jackson's Mobile Home Park and the purchasing of the apartments downtown. As far as the recreational use of the property, the borough has non-area wide parks and recreation authority, it doesn't have the aurthority to have recreational facilities inside the city. The borough has no plans to develop this property for any purpose at this time. Other than this three agency agreement which keeps the borough at arms length, we provide the land, the city provides the maintenance, the city and the school district are all involved . We are basically giving it to the city and the community for this recreational purpose but the improvements aren't all that substantial. Maybe there's not a lot of data that says Kodiak needs parks or housing but should you be hamstrung from making a decision. Linda Freed, Woody Way resident, stated her understanding of the resolution recommends at this point the property is not surplus to the borough's needs. She believes it's true until a planning process has been completed so that determination has been fully vetted and you can make a decision based on good information. She watches people on that field on a daily basis from her window and there are many people involved in sports leagues, people with kites and Frisbees, and schools use the field for sports. She isn't sure if there are adequate replacement locations for those opportunities .. She based that on her involvement with the three agency agreement for Parks and Recreation. One of the reasons the City of Kodiak was interested in working originally to put city dollars into borough property as well as continued maintenance because of the need for those facilities to supplement what already existed in the community. Hence the agreement to maintain borough lands for public recreation in the community by the City of Kodiak. It is not an insignificant amount of money the city spends on those facilities. The benefit to the city as a community is we also get to use the school district facilities for other kinds of recreational purposes. If the borough is interested in moving forward with land disposal, the borough should take intitiative to follow up and finalize those plats on the lots on Woody Way. Probably, the reason it hasn't happened is because of the cost. Mr. Dvorak said this property is worth $2 million, she thinks it might cost that much to develop it. Without going through a planning process that identifies what policy direction the borough wants to go and with public input, do you want to have three acres of recreation there or do you want to have five acres, do you want to make sure that those wetlands are protected because historically, the borough has done a poor job of making sure drainage is protected so the people upstream or downstream don't have problems. The cost of the development for this property is something the borough should have a handle on before it moves forward even with requesting development proposals . It's imperative to make sure the drainage is taken care of. It's important for the whole community to understand what could happen on the property and there should be a comprehensive thoughtful process for looking at what that development should be. She's concerned with the wetlands being filled in as we've seen happen in the past and have a mess later on that the city Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 4 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 147 of 301 would have to deal with. Think about the drainage issues on Selief Lane. The borough needs to continue with the planning process to identify what the best use for the property is . Close public hearing: COMMISSIONER SCHMITT expressed concern about not receiving a public hearing notice and the notification list not being included in the packet, the Borough Parks and Rec Committee didn't have a quorum for their last meeting and they have significant interest in this item. He feels this should be postponed until next year to allow for re- noticing and to get Parks and Ree's input. Commission discussion re: tonight's information not talked about at the joint Assembly, P&Z work session, the need for another joint work session, the city investing a significant amount of time and money for dirt, sod, etc. to make the fields, and postponement. Director Mason apologized for not having the notification list in the packet, she missed it. She also stated the R2 zone isn't just for residential, parks and playgrounds is a permitted use. Director Mason and Larry LeDoux discussed a timeline, the long timeline being a concern for some of the assembly members but the more traditional planning process and timeline that was presented in May was the favored tool by her predecessor. It was tried and true and has been used many times but there are other more intense and engaging ways to get the process moving a little faster. We could get more accomplished in a shorter amount of time, staff would be willing to use those tools in a new proposed planning process and perhaps discuss it in a joint work session. Mason told COMMISSIONER PAINTER that she looked through the packet and she is not seeing a letter dated the 281h that Painter was referring to. COMMISSIONER PAINTER wanted to give it to Mason after the meeting . COMMISSIONER SCHMITT MOVED to postpone Case 17-011 to the February 2017 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY OLD BUSINESS None NEW BUSINESS None COMMUNICATIONS A. September Planning and Zoning Commission Case Results Letters B. Code Enforcement Communications C. Case 16-010 Assembly Results Letter COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • November 9, 2016 Work Session-6 :30 p.m.-Borough Conference Room • November 13-15. 2016 Commissioner Training and APA Conference-Anchorage Kodiak Island Borough Planning & Zoning Commission Minutes October 19, 2016 Page 5 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 148 of 301 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 17-011 SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-011. Request a Title 18 Land Disposal review to consider disposal of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (KIBC 18.20). The intent of this request is to make these parcels available for residential development. DATE: August 2, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Supplemental Staff Report and Recommendation CASE: 17-011 APPLICANT: Kodiak Island Borough LOCATION: Lots 11-14, Block 4: NHN Woody Way Loop Tract R2: 3235 E Rezanof Drive LEGAL DSC: Lots 11-14, Block 4, and Tract R2, Killarney Hills Subdivision ZONING: R2-Two-family Residential FUTURE LAND USE DESIGNATION: Urban Residential STAFF COMMENTS At its April 19, 2017 regular meeting, the Planning and Zoning Commission voted to postpone Case No. 17-011 to its August 16, 2017 regular meeting. In preparation for this meeting, public hearing notices were mailed on July 10, 2017. As of the date this supplemental staff report was prepared, seven public hearing notices were returned to the Community Development Department; all opposed disposal of Tract R2, with some approving of disposing of Lots 11-14. Due to the amount of lapsed time since this case was first introduced, staff has made administrative changes to Resolution No. FY2017-11. An up-to-date copy of this resolution immediately follows this supplemental staff report. RECOMMENDATION Staff’s recommendation remains unchanged since first presenting this case at the October 19, 2016 regular meeting. Staff recommends that this parcel is not surplus to the Borough’s need and should not be considered for disposal at this time. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. FY2017-11, recommending retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 149 of 301 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 Case No. 17-011 FINDINGS OF FACT (included in P&Z Resolution No. FY2017-11) 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. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 150 of 301 Kodiak Island Borough, Alaska Resolution No. FY2017-11 Page 1 of 2 1 2 3 4 KODIAK ISLAND BOROUGH 5 PLANNING & ZONING COMMISSION 6 RESOLUTION NO. FY2017-11 7 8 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING 9 AND ZONING COMMISSION RECOMMENDING RETENTION OF LOTS 10 11-14, BLOCK 4 AND TRACT R2, KILLARNEY HILLS SUBDIVISION 11 (P & Z CASE NO. 17-011) 12 13 WHEREAS, the Borough Assembly has requested disposal of Lots 11-14, Block 4 and 14 Tract R2, Killarney Hills Subdivision; and 15 16 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed 17 disposal of Borough land to be reviewed by the Planning & Zoning Commission before 18 submission to the Assembly; and 19 20 WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to 21 make a recommendation to the Assembly by resolution regarding the proposed land 22 disposal; and 23 24 WHEREAS, the principal purpose of the Planning & Zoning Commission review is to 25 consider if the land identified is surplus to the Borough’s need; and 26 27 WHEREAS, the Planning & Zoning Commission Killarney Hills Master Plan process 28 begun in May 2016 has yet to be complete due to a stop work directive by the Assembly; 29 and 30 31 WHEREAS, a primary objective of the Planning & Zoning Commission Killarney Hills 32 Master Plan process was to solicit public input in order to determine public need for the 33 existing recreation space on Tract R2; and 34 35 WHEREAS, the Planning & Zoning Commission at their October 19, 2016 regular 36 meeting voted to postpone this request to their February 15, 2017 regular meeting 37 awaiting direction from the Assembly; and 38 39 WHEREAS, the Planning & Zoning Commission at their February 15, 2017 regular 40 meeting voted to postpone this request to their April 19, 2017 regular meeting awaiting 41 direction from the Assembly; and 42 43 WHEREAS, the Planning & Zoning Commission at their April 19, 2017 regular meeting 44 voted to postpone this request to their August 16, 2017 regular meeting awaiting direction 45 from the Assembly; and 46 47 WHEREAS, the Planning & Zoning Commission held a public hearing on August 16, 48 2017 to consider this land disposal request; and 49 Introduced by: Resource Management Requested by: Borough Assembly Drafted by: CDD Introduced: 10/19/2016 Adopted: 8/16/2017 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 151 of 301 Kodiak Island Borough, Alaska Resolution No. FY2017-11 Page 2 of 2 50 WHEREAS, the Planning & Zoning Commission has found based on its review that the 51 parcel identified for disposal is not surplus to the Borough’s need at this time. 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH 54 PLANNING AND ZONING COMMISSION THAT: 55 56 Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance 57 with Title 18 of the Kodiak Island Borough Code, recommends retention of 58 Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision. 59 60 Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance 61 with Title 18 of the Kodiak Island Borough Code, has determined, after a 62 public hearing on August 16, 2017, that the aforementioned property is not 63 surplus to the Borough’s need at this time. 64 65 Section 3: The aforementioned property should not be offered for sale. 66 67 Section 4: By this resolution, the Planning & Zoning Commission adopts the following 68 findings of fact in support of retaining these parcels. 69 70 1. The Planning & Zoning Commission has not completed its master planning effort to 71 engage the public and determine the community needs best fulfilled by these 72 properties. 73 74 2. These parcels house recreational ball fields that are highly valued by numerous 75 organizations in Kodiak and are regularly used for sporting and other community 76 events. 77 78 3. Retention of these parcels is supported by various land use and parks & 79 recreational goals, policies, and implementation action identified in the adopted 80 2008 Comprehensive Plan. 81 82 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING 83 COMMISSION THIS ___________ DAY OF _______________ 2017 84 85 PLANNING AND ZONING COMMISSION: 86 87 88 ___________________________ 89 Scott Arndt, Chair 90 ATTEST: 91 92 93 ______________________________ 94 Sheila Smith, CDD Secretary 95 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 152 of 301 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us July 10, 2017 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 16, 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: 17-011 (Postponed at the April 19, 2017 Regular Meeting) APPLICANT: Kodiak Island Borough AGENT: Resource Management Officer REQUEST: A Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. LOCATION: 3235 Rezanof Drive East & NHN Woody Way Loop ZONING: R2-Two-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, August 1, 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, August 9, 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-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 153 of 301 2 7A 2A-12A-2 8C-1 8C-2 TRAC T B - 1 A-5-1 A4A3 UNIT 2 UNIT 1 TR R- 2 12 8 7B7A6 5 4 3 2 1A 1B 21234567A8A9 TR R- 2 A 17 16 14 13 12 11 10 98 7 65 4 3 2 1 TR C-1A E - 1 B 2 E- 1 B 1 E-1A D-1 NE1/2J SW1/2J TR K 1B-1 1A 2A 1 1A-2 2B 9A 9B 9C 6A 8B TR S-4A-1B T R S - 4 A - 1 C E-3 TRA C T M 1 10A 10B I-1 TR T-2 15-A1 1B-1 1B-2 1A-2 1A-1 TRACT C - 1 I-2B I-2A TRACT S - 5 A - 1 1 2 2 3-A 10 TR C- 1 A 35 34 33 8 252627 30 31 32 3B-1 21 1 2 3 4 3C 3E 10C 10A - 1 1 0 A - 2 29B 9 10 3F 8 UNIT 3 UNIT 4 87A 3B-2 9A9D 9C 3A 3B 3C 3DTRG TR A- 1 5A 5B 4 2 1 15B 13A 13A-2 29 1A-1 TR F 5 5 6 9 12 13 14 15 16 17 18 19 T R B - 3 A COMMERCI A L T R A C T T W O COMMERCI A L T R A C T O N E 2 5 3 TRACT A-1 19 18 17 16 15 14 13 12 11 10 9 8 7 51 23 4 3 421 23456 7 8 9 1011 1B-2 A-5-4 A-5-5 2 3D 4 5 6 8 7 15A 1 5 C - 1 15D TRACT B 6 7 8 9 11 12 13 14 15A 26 1 5 C - 2 2 1 A-6BA-6A A-5-2 A-5-3A-1A 20 11 10 8 7 13 9 11 14 !(2 !(1 !(4!(3 !(2 !(1 !(1 !(2 !(1 !(2 !(1 31 2 4 160 2597 2610 119 121 123 211 213 215 217 3 1 7 7 271 0 2712 2714 2716 212 216 31 6 4 313 312310 322 4 323 6 321 7 322 5 3246 325 6 326 6 3276 3278 328 6 329 6 329 5 3285 3275 326 5 325 5 3245 323 5 2920 270 5 294 2931 2975 3027 330 5 3313 3174 3181 3137 3103 307 9 17 0 41 6 35 1 38 5 34 4 35 4 362 3215 3248 3314 3316 17 3 3100 14 0 2645 2695 2685 37 0 2625 312 7 30 7 7 33 1 0 34 4 9 34253415 3422 3430 34 0 8 3405 3 4 2 3 3 5 33 6 0 548 536 531 114 2 2 0 2679 2746 28 1 5 2726 2998 3053 3031 3011 3023 3019 2987 2949 2903 2906 3265 3258 3254 3248 3244 3240 3226 3231 3010 3406 3416 3426 3444 3313 34 8 4 34 5 0 34 0 0 34 7 2 335 2 339 0 3535 359 3 3551 3519 360 0 358 0356 2 35 4 8 351 4349 8 3480 3462 344 6 342 4 3530 3420 3431 34 2 0 2720 2932 2934 3421 3465 334 9 3052 3084 3100 2610 2625 2600 2650 1 1 7 291 0 2918 2715 2911 2927 29 3 3 2 9 1 1 351 1 3444 3421 341 0 342 5 340 9 339 533853381 343 0342 4 34313410 34 2 0 3430 2990 2680 2919 292 1 34 3 0 33 0 0 32593251 3247 3243 3239 3235 3255 3227 3 2 2 3 3219 321 4 32 1 8 322 2 3072 3082 3112 2930 29 4 0 295 0 2941 2931 31 5 2 309 315 301 298302 308 320 33 0 423 419 41 5 4 1 1 35 0 1 C u t - O f f R o a d Woody Way Loop SitkinakDrive Murphy Way Melnits a Lane Unknown Unkno w n HillaryLane Puffin Drive MillB a y R o a d K o d i a k C o ll e g e D r i v e Shahafka Circle S pruce C a pe R o ad I s l andLakeRoad W o o d y W a y L o o p SharatinRoad P erenosa D rive Benny B e n s o n Drive East Rezanof D r i v e Public Hearing Notice µ0 700 1,400350Feet Kodiak Island Borough GIS Case 17-011LocationNHN's Woody Way Loop & 3235 Rezanof DriveApplicantKodiak Island Borough Request a Title 18 Land Disposal Review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. 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-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 154 of 301 FIRST_NAME LAST_NAME MAIL_LINE_MAIL_LINE1 MAIL_CITY MAIL_STATEMAIL_ZIP UNIVERSITY OF ALASKA KODIAK COLLEGE 117 BENNY BENSON DR KODIAK AK 99615 BARRY F ALTENHOF PO BOX 1373 KODIAK AK 99615 ALWERT FISHERIES INC P.O. BOX 1711 KODIAK AK 99615 MONTE K ANDERSON 3072 WOODY WAY LP KODIAK AK 99615 CAROL AUSTERMAN PO BOX 8766 KODIAK AK 99615 DOUGLAS BEAVER 2300 S ROCK CREEK PKWY # 28-202 SUPERIOR CO 80027 JOHN BENNETT P O BOX 368 KODIAK AK 99615 MANUEL CASTELLON PO BOX 2562 KODIAK AK 99615 REGINALD CHILDERS PO BOX 725 KODIAK AK 99615 CITY OF KODIAK PO BOX 1397 KODIAK AK 99615 STEVEN COOLEY PO BOX 682 KODIAK AK 99615 CORP OF ST MARY'S PARISH 225 CORDOVA STREET ANCHORAGE AK 99501-2409 MAURICE COSTELLO PO BOX 754 KODIAK AK 99615 GARY R DARRAH PO BOX 1943 KODIAK AK 99615 ELISAIA DEARDURFF 3164 WOODY WAY LOOP KODIAK AK 99615 ROLAND DORMAN 3462 SITKINAK DR KODIAK AK 99615 DUNCAN FIELDS PO BOX 25 KODIAK AK 99615 KEVIN & SHERYL FISHER 38414 LABISKE LANE ASTORIA OR 97103 JAMES GRAHAM P O BOX 3147 KODIAK AK 99615 BRIAN GREGORY 3659 WOODLAND DR KODIAK AK 99615 LOUISE HALVORSEN PO BOX 136 KODIAK AK 99615 MELAYNA HALVORSEN 3276 WOODY WAY LOOP KODIAK AK 99615 LAURINDA HASKIN 1314 ISLMAILOV ST KODIAK AK 99615 MICHAEL D HAUTALA PO BOX 8543 KODIAK AK 99615 ERIK HOWARD ETAL PO BOX 1321 KODIAK AK 99615 ALLEN HULING 216 MURPHY WAY KODIAK AK 99615 JOHNSON JEREMIAH 2714 HILARY LANE KODIAK AK 99615 JERLING ENTERPRISES, LLC 1212 MADSEN AVE.KODIAK AK 99615 JAY JOHNSTON PO BOX 2503 KODIAK AK 99615 PHILLIP JORDINELLI PO BOX 8764 KODIAK AK 99615 KIHA 3137 MILL BAY RD KODIAK AK 99615 WENDY ANNE KILPATRICK ETAL 310 MURPHY WAY KODIAK AK 99615 TAKASHI KIMURA 3222 KATMAI DRIVE KODIAK AK 99615 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 5 5 o f 3 0 1 ALAN & NANCY KINMAN 133 SEQUOIA CT RIO VISTA CA 94571 KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK AK 99615 KODIAK CHRISTIAN EDUCATION 3300 E. REZANOF DR KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 DUSTIN KRUG PO BOX 1971 KODIAK AK 99615 RONALD KUTCHICK P.O. BOX 2295 KODIAK AK 99615 MELANIE LADISLAO 3239 KATMAI DRIVE KODIAK AK 99615 DERRIK MAGNUSEN 217 MURPHY WAY KODIAK AK 99615 NICHOLAS MANGINI 313 MURPHY WAY KODIAK AK 99615 MICHAEL MARTIN PO BOX 1275 KODIAK AK 99615 JOSEPH K MAUER 3225 WOODY WAY LOOP KODIAK AK 99615 STEEL MCNEIL PO BOX 1111 KODIAK AK 99615 ORLANDO MERCADO ETAL PO BOX 3011 KODIAK AK 99615 KENNETH MORRISON PO BOX 8713 KODIAK AK 99615 NATHANIEL NEWMAN PO BOX 1847 KODIAK AK 99615 MARY OCAMPO PO BOX 8688 KODIAK AK 99615 TAKESHI OKI PO BOX 2077 KODIAK AK 99615 ANTONIO OLAZABAL PO BOX 2825 KODIAK AK 99615 SYLVIA PANZARELLA 7022 TANAINA DRIVE ANCHORAGE AK 99502 D GARRICK PARKER 3314 WOODY WAY LOOP KODIAK AK 99615 RUSSELL PATRICK 3313 WOODY WAY LOOP KODIAK AK 99615 MICHAEL PESTRIKOFF 18860 TALARIK DR EAGLE RIVER AK 99577 RAM DEVELOPMENT ETAL 2812 70TH AVE E.FIFE WA 98424 TYLER & CARRIE RANDOLPH 1515A MILL BAY ROAD KODIAK AK 99615 DANA REID PO BOX 8935 KODIAK AK 99615 JEANNINE RENNICK 3296 WOODY WAY LOOP KODIAK AK 99615 STEVEN RUSSELL FAMILY TRUST 3152 WOODY WAY LP KODIAK AK 99615 FREDERICK SARGENT 3177 WOODY WAY LOOP KODIAK AK 99615 ALAN SCHMITT ETAL 3295 WOODY WAY LOOP KODIAK AK 99615 MICHAEL SCHRECK P O BOX 1011 KODIAK AK 99615 BRENDA SCHWANTES PO BOX 2393 KODIAK AK 99615 LISA SCHWIEN PO BOX 8742 KODIAK AK 99615 JOSEPH SEKERAK 3434 SPRUCE CAPE ROAD KODIAK AK 99615 KARLETON SHORT 3446 SITKINAK DR KODIAK AK 99615 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 5 6 o f 3 0 1 DONALD SIGMON PO BOX 3505 BETHEL AK 99559 STAN R SKAW PO BOX 842 KODIAK AK 99615 ALAN SKAW PO BOX 842 KODIAK AK 99615 ST PAUL LUTHERAN CHURCH P O BOX 102 KODIAK AK 99615 LARRY TAYLOR PO BOX1880 KODIAK AK 99615 REBECCA TORSEN PO BOX 8884 KODIAK AK 99615 ANTHONY TROUT 3214 KATMAI DR KODIAK AK 99615 CASEY TURNER 3227 KATMAI DR KODIAK AK 99615 STEVEN TYNER 3266 WOODY WAY LOOP KODIAK AK 99615 ALEXANDER D VAN ROOY 611 N 13TH ST COEUR D ALENE ID 83814 MICHELLE WATTUM PO BOX 8991 KODIAK AK 99615 SHERRY WEIMER PO BOX 158 KODIAK AK 99615 BRECHAN ENTERPRISES INC 2705 MILL BAY RD KODIAK AK 99615 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 5 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 5 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 5 9 o f 3 0 1 1 Sheila Smith From:Louise Halvorsen <louise.halvorsen@yahoo.com> Sent:Sunday, July 30, 2017 7:01 AM To:Sheila Smith Subject:Woody Way Development Hello, I'm a home owner in the Killarney Hills Subdivision and I would like to comment on the proposed disposal of land. I have no objection to Lots 11-14 being sold. However I think it would be a huge mistake to sell Tract R-2. This field sees a lot of use from youth sports and people gathering together on their own for recreational purposes. When I was growing up my sister and I used to play catch back there and it's nice to see kids in the area still using it for that purpose. Currently I take my dog back there for walks because it's close to home and a level walking area (we don't go on the field itself though!). I've seen several others do this as well. When I'm in my yard I can hear people flying remote control airplanes sometimes. And as I write this, Relay for Life is carrying on their yearly fundraiser. When this area is so well-used, I don't understand choosing to develop this tract over another that doesn't receive the same use, such as the Dark Lake ball field. Please reconsider the selling and development of Tract R-2. Thank you for you time. Louise PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 160 of 301 1 Sheila Smith From:nick mangini <nickm80@hotmail.com> Sent:Saturday, July 29, 2017 9:46 AM To:Sheila Smith Subject:Fwd: Woody way Get Outlook for iOS _____________________________ From: nick mangini <nickm80@hotmail.com> Sent: Friday, July 28, 2017 8:44 PM Subject: Woody way To: <ssmith@kodiak.us> Hello my name is nicholas mangini and I live at 313 murphy way. Not only is kana field adjacent to my home, my kids and many others use it on a daily basis. I have collected over 300 signatures in a previous bout with this same issue and was assured that because of the ammount of tax dollars spent on upgrades (1.2 million at the time)to the feild the city would have to include this proposition in a ballot. Please reconsider this action as I am tiring of rounding up signatures when we all know as a community that this should be a park for the east side of town not an additional woody way or fir terrace. It is used by so many in all months from skiing to nightly softball and soccer that wouldve displaced and taking from the kids is thelast thing this town needs. Pleaee feel free to read this letter as I am Out fishing. I have also got backing from kfl, the little league and relay for life stating the loss of kana field would be detrimental to their programs. Thank you and feel free to respond by email or phone 9075396457. I assure you that if this is pushed forward there will be a very large group of people opposing it, thanks againnick Get Outlook for iOS PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 161 of 301 1 Sheila Smith From:Gci <fflerchinger@gci.net> Sent:Friday, July 28, 2017 7:41 PM To:Sheila Smith Subject:Woody way field Please DO NOT sell or change the use of woody way field! You can sell the lots around it but do not change or mess with the zoning of the field. Too many people, clubs and organizations use this field. For many it's the only area they have to use! Do not sacrifice the majority to appease a few! Thank you Eric and faith flerchinger and our children. Beth, joey, lydia, Esther, Jon,Abby, leah, and Jordan. Sent from my iPhone PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 162 of 301 1 Sheila Smith From:Dean Foxworthy <dfoxworthy@acsalaska.net> Sent:Thursday, July 27, 2017 9:43 PM To:Sheila Smith Subject:Case 17-011 Dear Sirs, We would like to object to the disposal of Tract R-2 of the Killarney Hill Subdivision. We understand the appeal this parcel has to developers due to its location and already being cleared. But what has become known as the Woody Way Field area is an integral part of the Kodiak community. The groups that use it are inclusive: Kodiak Little League, city sports like kids’ soccer, and Kodiak Football League. But beyond that, it has morphed into recreational field because of its easy accessibility and openness. On any given day, you can find people flying kites, flying drones, playing ball with their friends, and exercising dogs. Schools use it for PE classes and picnics; it’s been used for festivals and church get togethers. It’s even been used for Homecoming bonfires. It would be another story if this lot was unused, out of the way, or becoming an eye sore. But it’s not. Leave the field for public use. Sincerely, Dean and Heather Foxworthy 486-4133 3547 Sharatin Rd. PO Box 360 Kodiak, AK 99615 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 163 of 301 1 Sheila Smith From:Jeremiah Johnson <frozenjohnson@yahoo.com> Sent:Tuesday, August 01, 2017 7:41 PM To:Sheila Smith Subject:17-011 Woody Way Development Comment Addressing the Kodiak Island Borough Community Development Department; My name is Jeremiah Johnson and I own property and also reside on Hilary Lane. I am writing this email to make it known that I am opposed to developing the Woody Way Field into residential lots. I am married and have three children, and we all enjoy using this recreation area. This area is a beneficial space for families that live nearby, as well as numerous sports leagues and organizations such as the Relay For Life. Subdividing this area into small lots and selling it all would be a huge mistake that would take greatly away from the appeal of this neighborhood. Please consider not developing this area, or at least consider a revised plan that maintains at least part of the green space so that it does not turn into yet another crowded development with houses crammed together like other recently developed areas around Kodiak. Thank You, Sincerely, Jeremiah, Amy, Gage, Carter, and Roxanna Johnson. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 164 of 301 PUBLIC HEARING ITEM 7-G P & Z REGULAR MEETING: APRIL 19, 2017 Case No. 17-011 Supplemental Staff Report and Recommendation SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-011. Request a Title 18 Land Disposal review to consider disposal of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision KIBC 18.20). The intent of this request is to make these parcels available for residential development. DATE: April 5, 2017 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-011 APPLICANT: Kodiak Island Borough LOCATION: Lot 11-14, Block 4: NHN Woody Way Loop Tract R2: 3235 E Rezanof Drive LEGAL DSC: Lots 11-14, Block 4, and Tract R2, Killarney Hills Subdivision ZONING: R2-Two-family Residential FUTURE LAND USE DESIGNATION: Urban Residential STAFF COMMENTS At its February 15, 2017 regular meeting, the Planning and Zoning Commission voted to postpone Case No. 17-011 to its April 19, 2017 regular meeting. However, noticing requirements were not met for this case. RECOMMENDATION Staff recommends that this case be postponed to the May 17, 2017 regular meeting to allow for adequate public notice. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to postpone Case No. 17-011 to the Planning and Zoning Commission’s May 17, 2017 regular meeting. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 165 of 301 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 6 6 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 6 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 6 8 o f 3 0 1 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Memorandum Date: February 1, 2017 To: Planning and Zoning Commissioner From: Community Development Director RE: Case No. 17-011 Tract R2 Killarney Hills Update At its October 19, 2016 Regular Meeting the Planning and Zoning Commission postponed Case No. 17-011 to its February 15, 2017 Regular Meeting in order to allow for additional public participation and to allow additional dialogue to occur for both the Borough Assembly and the Borough Lands Committee. Since this item was postponed, the following has occurred: December 2016 On December 28, 2016 the Borough Lands Committee considered the subject land disposal case. On December 29, 2016 the Resource Management Officer sent a memo on behalf of the Borough Lands Committee. This memo, addressed to the Borough Assembly and Mayor, shares the Borough Lands Committee’s desire for the Assembly to re-instate the master planning process for these Killarney Hills parcels. This memo was sent on December 29, 2016. Also on December 29, 2016, the Resource Management Officer submitted a request for postponement of this case. However, since the Commission has postponed the case, Robert’s Rules require the advertisement of the public hearing on the date specified by the Commission. January 2017 On January 10, 2017 the Resource Management Officer withdrew the Borough’s request to postpone the item. CDD received one public comment on January 20, 2017 and January 26, 2017; both in support of maintaining the parcel’s current recreational use. The Borough Assembly placed a discussion of Tract R2 and Lots 11-14 on their January 26, 2017 Work Session agenda. At this meeting staff (specifically Manager Powers) requested that the item be postponed to the February 9, 2017 Work Session because staff wanted the opportunity to listen to the audio from the August 25, 2016 Work Session in which staff was directed to shift its focus from a master planning process to a development planning process. Attached for your review is a memo dated January 24, PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 169 of 301 2 2017 that was associated with the Assembly’s aforementioned Work Session discussion item. Discussion has occurred regarding the possibility of disposing of only a portion of Tract R-2, but because the application for disposal has not been formally amended, staff’s recommendation to retain the parcel remains unchanged. Attachments:  RMO Memo Submitted at the 10/19/16 RM  RMO Recommendation to Re-instate a Master Planning Process  RMO Request for Postponement  Additional Public Comments Received  RMO Memo Provided to the Assembly at the 1/26/17 WS PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 170 of 301 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 7 1 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 7 2 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 7 3 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 7 4 o f 3 0 1 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road, Room 101 Kodiak, Alaska 99615 Phone (907) 486-9304 Fax (907) 486-9374 E-mail: ddvorak@kodiakak.us To: Dan Rohrer, Mayor , and; Kodiak Island Borough Assembly Through: Michael Powers, Manager From: Duane Dvorak, Resource Management Officer Date: December 29, 2016 Re: Recommendation of Borough Lands Committee for P&Z Case 17- 011, Land Disposal Request for Lots 11-14, Block 4, and Tract R2, Killarney Hill Subdivision. The Borough Lands Committee (BLC) considered the above referenced case at its meeting of December 28, 2016. The case is currently postponement until the next regular Planning & Zoning Commission meeting on February 15, 2017. Prior to the postponement of the case, during the public hearing, staff had offered a potential compromise to preserve some of the site for recreational use while getting approval for disposal of the balance for residential use. The intent of the suggestion was to alter the request so that it did not appear as an all or nothing proposition. The reality however, is that the application has not been formally amended to provide such a compromise proposal. Staff broached the issue with the BLC in order to get some guidance on what a reasonable alternative might look like. After thoroughly considering the options, the BLC did not feel comfortable making such a call on the case. The BLC approved a motion (5-0) to recommend that the assembly re-institute a planning process for Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision through the Community Development Department and Planning & Zoning Commission, with a time frame not to exceed 18 months. The intent would be to work with the community to come up with a new plan for the site and surrounding area that could garner the support of the community. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 175 of 301 Based on the recommendation of the BLC, staff has submitted a request to postpone P&Z Case 17.011 for an additional 90 days, until May 17, 2017, in order to allow the assembly to fully consider the appropriate course of action. If the assembly decides to authorize a new planning process in accord with the BLC recommendation, staff would recommend withdrawal of the current disposal request for Case 17-011. Staff does not believe it would be appropriate to keep the current request active for more than a year. If a new plan is developed, then a new disposal request (if appropriate) could be submitted at the appropriate time. A couple of observations in support of a new planning process would be the current full staffing of the Community Development Department and the fact that FY2018 budgeting begins in January of 2017. That would be the appropriate time to ensure that a special planning process is adequately provided for in the work program of the Community Development Department. Cc: KIB Lands Committee Sara Mason, Community Development Director KIB Parks & Recreation Committee PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 176 of 301 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 7 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 7 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 7 9 o f 3 0 1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us January 6, 2017 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 15, 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: 17-011 (Postponed from the October 19, 2016 regular meeting) APPLICANT: Kodiak Island Borough AGENT: KIB Resource Management Officer REQUEST: A Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan pro posals for the parcels per KIBC 18.20.090. LOCATION: 3235 Rezanof Drive East & NHN Woody Way Loop ZONING: R2-Two-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, January 31, 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, February 8, 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-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 180 of 301 2 7A 2A-12A-2 8C-1 8C-2 TRAC T B - 1 A-5-1 A4A3 UNIT 2 UNIT 1 TR R- 2 12 8 7B7A6 5 4 3 2 1A 1B 21234567A8A9 TR R- 2 A 17 16 14 13 12 11 10 98 7 65 4 3 2 1 TR C-1A E - 1 B 2 E- 1 B 1 E-1A D-1 NE1/2J SW1/2J TR K 1B-1 1A 2A 1 1A-2 2B 9A 9B 9C 6A 8B TR S-4A-1B T R S - 4 A - 1 C E-3 TRA C T M 1 10A 10B I-1 TR T-2 15-A1 1B-1 1B-2 1A-2 1A-1 TRACT C - 1 I-2B I-2A TRACT S - 5 A - 1 1 2 2 3-A 10 TR C- 1 A 35 34 33 8 252627 30 31 32 3B-1 21 1 2 3 4 3C 3E 10C 10A - 1 1 0 A - 2 29B 9 10 3F 8 UNIT 3 UNIT 4 87A 3B-2 9A9D 9C 3A 3B 3C 3DTRG TR A- 1 5A 5B 4 2 1 15B 13A 13A-2 29 1A-1 TR F 5 5 6 9 12 13 14 15 16 17 18 19 T R B - 3 A COMMERCI A L T R A C T T W O COMMERCI A L T R A C T O N E 2 5 3 TRACT A-1 19 18 17 16 15 14 13 12 11 10 9 8 7 51 23 4 3 421 23456 7 8 9 1011 1B-2 A-5-4 A-5-5 2 3D 4 5 6 8 7 15A 1 5 C - 1 15D TRACT B 6 7 8 9 11 12 13 14 15A 26 1 5 C - 2 2 1 A-6BA-6A A-5-2 A-5-3A-1A 20 11 10 8 7 13 9 11 14 !(2 !(1 !(4!(3 !(2 !(1 !(1 !(2 !(1 !(2 !(1 31 2 4 160 2597 2610 119 121 123 211 213 215 217 3 1 7 7 271 0 2712 2714 2716 212 216 31 6 4 313 312310 322 4 323 6 321 7 322 5 324 6 325 6 326 6 3276 3278 328 6 329 6 329 5 328 5 3275 3265 3255 3245 3235 2920 270 5 294 2931 2975 3027 330 5 3313 3174 3181 3137 3103 3079 17 0 41 6 35 1 38 5 34 4 35 4 362 3215 3248 3314 3316 17 3 3100 14 0 2645 2695 2685 37 0 2625 3127 30 7 7 33 1 0 34 4 9 34253415 3422 3430 34 0 8 3405 3 4 2 3 3 5 33 6 0 548 536 531 114 2 2 0 2679 2746 28 1 5 2726 2998 3053 3031 3011 3023 3019 2987 2949 2903 2906 3265 3258 3254 3248 3244 3240 3226 3231 3010 3406 3416 3426 3444 3313 34 8 4 34 5 0 34 0 0 34 7 2 335 2 339 0 3535 3593 3551 3519 360 0 358 0356 2 35 4 8 351 4349 8 3480 3462 344 6 3424 3530 3420 3431 34 2 0 2720 2932 2934 3421 3465 334 9 3052 3084 3100 2610 2625 2600 2650 1 1 7 291 0 2918 2715 2911 2927 29 3 3 2 9 1 1 351 1 3444 3421 341 0 342 5 340 9 339 533853381 343 0342 4 34313410 34 2 0 3430 2990 2680 2919 292 1 34 3 0 33 0 0 32593251 3247 3243 3239 3235 3255 3227 3 2 2 3 3219 32 1 4 32 1 8 322 2 3072 3082 3112 2930 29 4 0 295 0 2941 2931 31 5 2 309 315 301 298302 308 320 33 0 423 419 41 5 4 1 1 35 0 1 C u t - O f f R o a d Woo dy Way Loop SitkinakDrive Murphy Way Melnits a Lane Unknown Unkn o w n HillaryLane Puffin Drive MillB a y R o a d K o d i a k C o ll e g e D r i v e Shahafka Circle S pruce C a pe R o ad I s l andLakeRoad W o o d y W a y L o o p SharatinRoad P erenosa D rive Benny B e n s o n Drive East Rezanof D r i v e Public Hearing Notice µ0 700 1,400350Feet Kodiak Island Borough GIS Case 17-011LocationNHN's Woody Way Loop & 3235 Rezanof DriveApplicantKodiak Island Borough Request a Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14, Block 4 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. Legend Subject Parcels 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-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 181 of 301 FIRST_NAME LAST_NAME MAIL_LINE_MAIL_LINE1 MAIL_CITY MAIL_STATEMAIL_ZIP UNIVERSITY OF ALASKA KODIAK COLLEGE 117 BENNY BENSON DR KODIAK AK 99615 BARRY F ALTENHOF PO BOX 1373 KODIAK AK 99615 ALWERT FISHERIES INC P.O. BOX 1711 KODIAK AK 99615 MONTE K ANDERSON 3072 WOODY WAY LP KODIAK AK 99615 CAROL AUSTERMAN PO BOX 8766 KODIAK AK 99615 DOUGLAS BEAVER 2300 S ROCK CREEK PKWY # 28-202 SUPERIOR CO 80027 JOHN BENNETT P O BOX 368 KODIAK AK 99615 BRECHAN ENTERPRISES INC 2705 MILL BAY RD KODIAK AK 99615 MANUEL CASTELLON PO BOX 2562 KODIAK AK 99615 REGINALD CHILDERS PO BOX 725 KODIAK AK 99615 CITY OF KODIAK PO BOX 1397 KODIAK AK 99615 STEVEN COOLEY PO BOX 682 KODIAK AK 99615 CORP OF ST MARY'S PARISH 225 CORDOVA STREET ANCHORAGE AK 99501-2409 MAURICE COSTELLO PO BOX 754 KODIAK AK 99615 GARY R DARRAH PO BOX 1943 KODIAK AK 99615 ELISAIA DEARDURFF 3164 WOODY WAY LOOP KODIAK AK 99615 ROLAND DORMAN 3462 SITKINAK DR KODIAK AK 99615 DUNCAN FIELDS PO BOX 25 KODIAK AK 99615 KEVIN & SHERYL FISHER 38414 LABISKE LANE ASTORIA OR 97103 JAMES GRAHAM P O BOX 3147 KODIAK AK 99615 BRIAN GREGORY 3659 WOODLAND DR KODIAK AK 99615 LOUISE HALVORSEN PO BOX 136 KODIAK AK 99615 MELAYNA HALVORSEN 3276 WOODY WAY LOOP KODIAK AK 99615 LAURINDA HASKIN 1314 ISLMAILOV ST KODIAK AK 99615 MICHAEL D HAUTALA PO BOX 8543 KODIAK AK 99615 ERIK HOWARD ETAL PO BOX 1321 KODIAK AK 99615 ALLEN HULING 216 MURPHY WAY KODIAK AK 99615 JOHNSON JEREMIAH 2714 HILARY LANE KODIAK AK 99615 JERLING ENTERPRISES, LLC 1212 MADSEN AVE.KODIAK AK 99615 JAY JOHNSTON PO BOX 2503 KODIAK AK 99615 PHILLIP JORDINELLI PO BOX 8764 KODIAK AK 99615 KIHA 3137 MILL BAY RD KODIAK AK 99615 WENDY ANNE KILPATRICK ETAL 310 MURPHY WAY KODIAK AK 99615 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 8 2 o f 3 0 1 TAKASHI KIMURA 3222 KATMAI DRIVE KODIAK AK 99615 ALAN & NANCY KINMAN 133 SEQUOIA CT RIO VISTA CA 94571 KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK AK 99615 KODIAK CHRISTIAN EDUCATION 3300 E. REZANOF DR KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK AK 99615 DUSTIN KRUG PO BOX 1971 KODIAK AK 99615 RONALD KUTCHICK P.O. BOX 2295 KODIAK AK 99615 MELANIE LADISLAO 3239 KATMAI DRIVE KODIAK AK 99615 DERRIK MAGNUSEN 217 MURPHY WAY KODIAK AK 99615 NICHOLAS MANGINI 313 MURPHY WAY KODIAK AK 99615 MICHAEL R MARTIN PO BOX 1275 KODIAK AK 99615 JOSEPH K MAUER 3225 WOODY WAY LOOP KODIAK AK 99615 STEEL MCNEIL PO BOX 1111 KODIAK AK 99615 ORLANDO MERCADO ETAL PO BOX 3011 KODIAK AK 99615 KENNETH MORRISON PO BOX 8713 KODIAK AK 99615 NATHANIEL NEWMAN PO BOX 1847 KODIAK AK 99615 MARY OCAMPO PO BOX 8688 KODIAK AK 99615 TAKESHI OKI PO BOX 2077 KODIAK AK 99615 ANTONIO OLAZABAL PO BOX 2825 KODIAK AK 99615 SYLVIA PANZARELLA 7022 TANAINA DRIVE ANCHORAGE AK 99502 D GARRICK PARKER 3314 WOODY WAY LOOP KODIAK AK 99615 RUSSELL PATRICK 3313 WOODY WAY LOOP KODIAK AK 99615 MICHAEL PESTRIKOFF 18860 TALARIK DR EAGLE RIVER AK 99577 RAM DEVELOPMENT ETAL 23515 NE NOVELTY HILL ROAD STE B221 #405 REDMOND WA 98053 TYLER & CARRIE RANDOLPH 1515A MILL BAY ROAD KODIAK AK 99615 DANA REID PO BOX 8935 KODIAK AK 99615 JEANNINE RENNICK 3296 WOODY WAY LOOP KODIAK AK 99615 STEVEN RUSSELL FAMILY TRUST 3152 WOODY WAY LP KODIAK AK 99615 FREDERICK SARGENT 3177 WOODY WAY LOOP KODIAK AK 99615 ALAN SCHMITT ETAL 3295 WOODY WAY LOOP KODIAK AK 99615 MICHAEL SCHRECK P O BOX 1011 KODIAK AK 99615 BRENDA SCHWANTES PO BOX 2393 KODIAK AK 99615 LISA SCHWIEN PO BOX 8742 KODIAK AK 99615 JOSEPH SEKERAK 3434 SPRUCE CAPE ROAD KODIAK AK 99615 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 8 3 o f 3 0 1 KARLETON SHORT 3446 SITKINAK DR KODIAK AK 99615 DONALD SIGMON PO BOX 3505 BETHEL AK 99559 STAN R SKAW PO BOX 842 KODIAK AK 99615 ALAN SKAW PO BOX 842 KODIAK AK 99615 ST PAUL LUTHERAN CHURCH P O BOX 102 KODIAK AK 99615 LARRY TAYLOR PO BOX1880 KODIAK AK 99615 REBECCA TORSEN PO BOX 8884 KODIAK AK 99615 ANTHONY TROUT 3214 KATMAI DR KODIAK AK 99615 CASEY TURNER 3227 KATMAI DR KODIAK AK 99615 STEVEN TYNER 3266 WOODY WAY LOOP KODIAK AK 99615 ALEXANDER D VAN ROOY 611 N 13TH ST COEUR D ALENE ID 83814 MICHELLE WATTUM PO BOX 8991 KODIAK AK 99615 SHERRY WEIMER PO BOX 158 KODIAK AK 99615 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 8 4 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 8 5 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 8 6 o f 3 0 1 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road, Room 101 Kodiak, Alaska 99615 Phone (907) 486-9304 Fax (907) 486-9374 E-mail: ddvorak@kodiakak.us To: Dan Rohrer, Mayor, and; Kodiak Island Borough Assembly Through: Michael Powers, Manager From: Duane Dvorak, Resource Management Officer Date: January 24, 2017 Re: Clarifying memorandum regarding what direction staff believes the received at the “last public meeting” on the issue leading to a request for disposal review of Lots 11-14, Block 4, and Tract R2, Killarney Hill Subdivision. (P&Z Case 17-011) By “last public meeting” staff presumes that the assembly is referring to the August 25th assembly work session. This staff was not in attendance at that meeting so the impressions formed by the Resource Manager were based on verbal accounts of the discussion the previous night. Staff did not take the time to listen to the recording. The Resource Management office was under the impression that the planning process for borough land in Killarney Hills was intended to be a precursor to a disposal review in order to fine tune the layout and disposition of a disposal request. At the assembly work session of August 25, 2016, what was scheduled as a progress report for the planning process resulted in the assembly giving direction to staff to terminate the public planning process. As later conveyed to the Resource Management Office the next day, work session comments attributed to the assembly indicated that the public planning process would take too long and that the assembly wanted to consider developer based plans instead. This resonated with staff because this was something that had been previously by the Borough Lands Committee. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 187 of 301 Based on what Resource Management staff perceived as direction to the administration to terminate the planning process, staff initiated a new land disposal review for borough lands in Killarney Hills Subdivision the following day on August 26, 2016. When taking the position of Resource Management Officer, staff had reviewed the history of various borough lands and was under the impression from KIB Resolutions No. FY2013-08 and No.FY2015-09 that some or all of the borough lands in Killarney Hills were to be disposed of, and then later, due to public input, a public planning process was initiated to modify that intent. The original public hearing for P&Z Case 17-011 was heard in October 2016 and was postponed at that time until the regular meeting in November to address perceived public notice issues by extending the notice period. At the November P&Z public hearing, the public was largely against the disposal and some public members argued for the previously intended planning process. The Commission postponed the case until the February 2017 regular P&Z meeting. In December 2016, Resource Management Officer proposed the Borough Lands Committee several alternative disposal concepts and was considering postponing or withdrawing the pending disposal request in order to present a compromise request. The intent of staff was to reserve about a third of the site for recreation purposes. The committee did not favor that approach and instead made a unanimous recommendation to the assembly to re-initiate a limited public planning process, not to exceed 18 months in duration, in order to get public input on the ultimate disposition of the site. Resource Management staff attempted to postpone the February 2017 P&Z hearing on December 28, 2017 for Case 17-011 in order to allow for the assembly to consider its options in this matter. Staff did not want to notify the public that the borough is still going down this same path of a total disposal if change might be in the offing. That request for postponement, with the required fee to cover the cost of new public notice, was not acted on timely by Community Development Department staff. Upon returning from an unexpected leave of absence, Resource Management staff subsequently withdrew the postponement request. Cc: KIB Lands Committee Sara Mason, Community Development Director PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 188 of 301 KIB Location & Zoning Map Location and ZoningLots 11-14, Block 4 and Tract R2Killarney Hills Subdivision Request: A Title 18 Land Disposal Review toconsider disposal of Lots 11-14, Block 4 andTract R2, Killarney Hills Subdivision (KIBC 18.20).The intent of this request is to make the parcelsavailable for residential development. 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O f f R o a d Shar a t i n R o a d Teal Way Cu rlew Way Sitkin a k D r i v e Puffin D r i v e Murphy Way Anna Way Melnits a L a n e S e a Q u a i l W a y Tona Lane Un k n o wn Unk n o w n Cove Drive MillBayRoad K o d i a k C oll e g e D r i v e Carr o l l W a y Ea s t R e z a n o f D r i v e Woody Way Loop View crest La n e Perenos a D rive 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 µ Legend Subject Parcels PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 189 of 301 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 Area MapLots 11-14, Block 4 and Tract R2Killarney Hills Subdivision Request: A Title 18 Land Disposal Review toconsider disposal of Lots 11-14, Block 4 andTract R2, Killarney Hills Subdivision (KIBC 18.20).The intent of this request is to make the parcelsavailable for residential development. 7A 7C- 1 7D- 1 8B 8C 12 2A-1 TRAC T B - 1 A-5-1 A4A3 UNIT 2 UNIT 1 TR R- 2 12 8 7B7A6 5 4 3 2 1A 1B 21234567A8A 9 TR R- 2 A 17 16 14 13 12 11 10 9 8 7 65 4 3 2 1 TR C-1A E - 1 B 2 E- 1 B 1 E-1A G-1 G-2 H - 2 H-1 D-2D-1 NE1/2J SW1/2J TR K 1B-1 1A TR V TR U 2A 6B7A 7B 8A 8B 3 2 1 1A-2 31B-2 1B-1 TR S-4A-1B T R S - 4 A - 1 C E-3 1 10A 10B I-1 TR T-2 15-A1 TRACT C - 1 I-2B I-2A 12C 11A 10A 10B10C10D10E 9D 8A 1 1 2 3 2 3-A 10 22 7B 8A-1A E-2A TR C- 1 A 1 2 3 4 15 16171819 2021TR B- 1 56A 12 11 21 1 1 23 14 15 9 8 35 34 33 8 7 6 5 4 9 10 24A252627 30 31 32 11 121314 15 1617 18 1920212223A 3B-1 6 7 8 10A 21 1 2 3 4 3A 3B 3C 3E 3F UNIT 3 UNIT 4 16 3B-2 3A 3B 3C 3DTRG TR A- 1 5A 5B 4 2 1 14A 14D 14C 14B 13E-213F-1 13B-113D 13C 1A-1 TR F 13E-1 345 1A-1 5 6 9 12 13 14 15 16 17 18 19 T R B - 3 A COMMERCI A L T R A C T O N E TR A 42 1 6A 7D-2 5 3 TRACT A-1 19 18 17 16 15 14 13 12 11 10 9 8 7 6 51 23 4 3 421 23456 7 8 9 1011 12 13 17A- 1 18 19 20 1B-2 A-5-4 A-5-5 1 2 3D 4 5 6 8 7 15D TRACT B 6 7 8 9 11 12 13 14 15A 17 18 19 2021 23 26 25 24 1 13A - 1 2A 2 1 15C 15A 11B A-6BA-6A A-5-2 A-5-3A-1A 20 11 10 8 7 9C 9A 9B 13 9 11 14 !(2 !(2 !(1 !(4!(3 !(2 !(1 !(3 !(1 !(4 !(2 !(2 !(1 !(2 !(1 P u f fi n D riv e CurlewDriveHolland Circle W oody W ayCircle Whilto n W h i t e W a y Chiri k o f C i r c l e Sitkin a k D r i v e Murphy Way Melnits a L a n e Shar a t i n R o a d HillaryL ane Cove Drive Carr o l l W a y MillBayR o ad Pere z W a y K o dia k C o ll e g e D r i v e S e a n C ir c l e WoodyWayLo o p ViewcrestLane H a rlequin Cour t Unkn o w n Ea s t R e z a n o f D r i v e IslandLakeRoad Perenosa D r i v e Anna Way Teal Way PatrickCourt Tugidak Court FieldsLane SpruceCapeRoad CurlewWay Sea QuailWay KatmaiDrive 0 825 1,650412.5 Feet µ KIB Image Overlay Map µ Legend Subject Parcels PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 190 of 301 PUBLIC HEARING ITEM 9-A P & Z REGULAR MEETING: OCTOBER 19, 2016 Case No. 17-011 Staff Report and Recommendation STAFF REPORT AND RECOMMENDATION Case No. 17-011. Request a Title 18 Land Disposal review to consider disposal of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision KIBC 18.20). The intent of this request is to make these parcels available for residential development. DATE: October 5, 2016 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Staff Report and Recommendation CASE: 17-011 APPLICANT: Kodiak Island Borough LOCATION: Lot 11-14, Block 4: NHN Woody Way Loop Tract R2: 3235 E Rezanof Drive LEGAL DSC: Lots 11-14, Block 4, and Tract R2, Killarney Hills Subdivision ZONING: R2-Two-family Residential FUTURE LAND USE DESIGNATION: Urban Residential NOTICE: Eighty (80) public hearing notices were mailed on September 6, 2016. Four (4) public hearing notices were returned as of the date this report was prepared. SITE VISIT: None 1. Zoning History: • Zoned C-Conservation by Ordinance No. 65-10 • Zoned U-Unclassified by the 1970 Kodiak Zoning Map • Zoned RR-Rural Residential by Ordinance No. 80-9-O • Zoned R2-Two-Family Residential by Ordinance No. 86-14-O 2. Site Size: Lot 11: .23 acres Lot 12: .23 acres Lot 13: .23 acres Lot 14: .23 acres Tract R2: 16.39 acres Total: 17.31 acres 3. Existing Land Use: Recreational football and baseball fields 4. Surrounding Land Use and Zoning: Most adjacent parcels are zoned R-2-Two-family Residential and R3-Multi-family Residential. Several parcels across E Rezanof Drive are zoned B-Business 5. Comprehensive Plan: • Designated Medium Density Residential by the 1968 Comprehensive Plan • Designated Urban Residential by the 2008 Comprehensive Plan 6. Applicable Regulations: The following sections of Title 18 (Borough Real Property) of the Borough Code are applicable to this request: 18.20.030 Review by planning commission – Assembly approval. Except for disposal required by law: PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 191 of 301 PUBLIC HEARING ITEM 9-A P & Z REGULAR MEETING: OCTOBER 19, 2016 Case No. 17-011 Staff Report and Recommendation A. Each disposal of borough land is subject to review by the planning commission before submission to the assembly. The commission by resolution shall make a recommendation to the assembly regarding the proposed land disposal. 18.20.170 Definitions As used in this chapter: “Real property” means any interest in real property under the law of the state of Alaska, including but not limited to a fee, easement, or leasehold interest, and a revocable license or permit to use real property. STAFF ANALYSIS The lots in question were purchased as Tract R-1 Killarney Hills Subdivision by the Kodiak Island Borough as the site for a new hospital. Clearing, fill, and surface finishing were completed, but a hospital was never located on the site. By 1995 the site had begun being used for recreational purposes. Since the 1990s site improvements have been made and use of the facility has increased. The current use of two sports fields was authorized by a 2009 joint use agreement between the Borough, City, and School District, with the City of Kodiak Parks and Recreation Department providing maintenance of the facility. The 2009 agreement ended in 2012 and has never been renewed. Zoning compliance was never issued for the facility, but the Borough did issue zoning compliance for the completion of “score/gear storage sheds… which may include the completion of a snack shack.” Tract R-1 was subdivided into the subject parcels by plat no. 2013-14. Lots 11-14, Block 4 were originally considered for disposal at Borough Land Sale No. 18, but were subsequently withdrawn. In September 2014, the Assembly authorized disposal of a slightly larger area; reconfiguring Lots 11-14, Block 4 and creating a 9 lot configuration. Ultimately the Planning & Zoning Commission provided preliminary plat approval for a 6 lot configuration. A final plat has never been recorded. In January 2015 the Planning & Zoning Commission initiated a master planning process, but due to staff shortages the project did not move forward. In May 2016, the Planning & Zoning Commission re-initiated a master planning process. Since then, the Borough Assembly has begun the process of moving forward with a development plan for the parcel and the master planning process has again been put on hold. The parcel is currently used by organizations such as Kodiak Little League, Kodiak Football League, and Relay for Life, for events such as games, soccer camps, organized picnics, and school functions. The community at-large also use the field for recreating. COMPREHENSIVE PLAN CONSISTENCY Retention of the subject property is consistent with the following goals, policies, and implementation actions of the adopted 2008 Comprehensive Plan:  Land Use Goal: Establish goals, priorities, and procedures for acquisition, disposition, and management of Borough-owned lands.  Implementation Action: Develop a land management policy system and portfolio for Borough-owned lands that inventories resources and potential uses of Borough lands, and designates which lands the Borough should retain and which lands it should sell or trade.  Parks & Recreation Goal: Ensure the long-term viability of and maintain a high level of PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 192 of 301 PUBLIC HEARING ITEM 9-A P & Z REGULAR MEETING: OCTOBER 19, 2016 Case No. 17-011 Staff Report and Recommendation quality of the recreation experience in Kodiak for both residents and visitors  Policy: Encourage or require dedication of land and development of parks in residential areas as development occurs.  Implementation Action: Evaluate and identify those lands under Borough ownership that would be appropriate for parks and recreation facilities, with a goal of a comprehensive Parks & Recreation Plan to guide future decisions.  Implementation Action: Review urban areas for potential neighborhood and pocket parks in areas of growth. Establish requirements and/or incentives to reserve land, build, and maintain facilities. CONCLUSION Staff analysis indicates that the subject parcel is not surplus to the public need and should thus be retained by the Borough. KIBC 18.20.030 specifies that disposal of Borough land is subject to review by the Commission and that the Commission, by resolution, shall make a recommendation to the Assembly regarding a proposed land disposal. Anticipating a decision in favor of retention of this parcel, a draft resolution is attached to this staff report. RECOMMENDATION Staff recommends that this parcel is not surplus to the public’s need and should not be considered for disposal at this time. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt Planning and Zoning Commission Resolution No. FY2017-11, recommending retention of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision and to adopt the findings of fact listed in the staff report dated October 5, 2016 and entered into the record for this case as “Findings of Fact” for Case No. 17-011. FINDINGS OF FACT 1. The Planning and Zoning Commission has not completed its master planning effort to engage the public and determine the community needs best fulfilled by these properties. 2. This parcel houses 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 this parcel is supported by various land use and parks & recreation goals, policies, and implementation actions identified in the adopted Comprehensive Plan. PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 193 of 301 Kodiak Island Borough, Alaska Resolution No. FY2017-11 Page 1 of 2 1 2 3 4 KODIAK ISLAND BOROUGH 5 PLANNING & ZONING COMMISSION 6 RESOLUTION NO. FY2017-11 7 8 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING 9 AND ZONING COMMISSION RECOMMENDING RETENTION OF LOTS 10 11-14, BLOCK 4 AND TRACT R2, KILLARNEY HILLS SUBDIVISION 11 (P & Z CASE NO. 17-011) 12 13 WHEREAS, the Borough Assembly has requested disposal of Lots 11-14, Block 4 and 14 Tract R2, Killarney Hills Subdivision; and 15 16 WHEREAS, Kodiak Island Borough Code (KIBC) 18.20.030 requires each proposed 17 disposal of Borough land to be reviewed by the Planning & Zoning Commission before 18 submission to the Assembly; and 19 20 WHEREAS, the Planning & Zoning Commission is required under KIBC 18.20.030 to 21 make a recommendation to the Assembly by resolution regarding the proposed land 22 disposal; and 23 24 WHEREAS, the principal purpose of the Planning & Zoning Commission review is to 25 consider if the land identified is surplus to the Borough’s need; and 26 27 WHEREAS, the Planning & Zoning Commission has found that the parcel identified for 28 disposal is not surplus to the public’s need based on its review; and 29 30 WHEREAS, the Planning & Zoning Commission held a public hearing on October 19, 31 2016 to consider this land disposal request. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE KODIAK ISLAND BOROUGH 34 PLANNING AND ZONING COMMISSION THAT: 35 36 Section 1: The Kodiak Island Borough Planning & Zoning Commission, in accordance 37 with Title 18 of the Kodiak Island Borough Code, recommends retention of 38 Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision. 39 40 Section 2: The Kodiak Island Borough Planning & Zoning Commission, in accordance 41 with Title 18 of the Kodiak Island Borough Code, has determined, after a 42 public hearing on October 19, 2016, that the aforementioned property is not 43 surplus to the public’s need. 44 45 Section 3: The aforementioned property should not be offered for sale. 46 47 48 Introduced by: Resource Management Requested by: Borough Assembly Drafted by: CDD Introduced: xx/xx/2016 Adopted: xx/xx/2016 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 194 of 301 Kodiak Island Borough, Alaska Resolution No. FY2017-11 Page 2 of 2 ADOPTED BY THE KODIAK ISLAND BOROUGH PLANNING AND ZONING 49 COMMISSION THIS ___________ DAY OF _______________ 2016 50 51 PLANNING AND ZONING COMMISSION 52 53 54 ___________________________ 55 Scott Arndt, Chair 56 ATTEST: 57 58 59 ______________________________ 60 Sheila Smith, CDD Secretary 61 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 195 of 301 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 9 6 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 9 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 9 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 1 9 9 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 0 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 1 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 2 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 3 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 4 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 5 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 6 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 0 9 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 0 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 1 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 2 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 3 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 4 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 5 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 6 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 1 9 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 0 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 1 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 2 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 3 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 4 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 5 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 6 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 2 9 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 0 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 1 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 2 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 3 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 4 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 5 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 6 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 3 9 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 0 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 1 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 2 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 3 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 4 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 5 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 6 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 4 9 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 0 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 1 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 2 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 3 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 4 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 5 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 6 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 5 9 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 0 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 1 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 2 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 3 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 4 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 5 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 6 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 7 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 8 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 6 9 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 7 0 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 7 1 o f 3 0 1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 www.kodiakak.us September 6, 2016 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 19, 2016. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 17-011 APPLICANT: Kodiak Island Borough AGENT: KIB Resource Management Officer REQUEST: A Title 18 Land Disposal review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. LOCATION: Tract R-2 – 3235 Rezanof Drive East Lots 11 thru 14 – NHN Woody Way Loop ZONING: R2-Two-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, October 4, 2016 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, October 12, 2016, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 272 of 301 2 7A 2A-12A-2 8C-1 8C-2 TRAC T B - 1 A-5-1 A4A3 UNIT 2 UNIT 1 TR R- 2 12 8 7B7A6 5 4 3 2 1A 1B 21234567A8A 9 TR R- 2 A 17 16 14 13 12 11 10 98 7 65 4 3 2 1 TR C-1A E - 1 B 2 E- 1 B 1 E-1A D-1 NE1/2J SW1/2J TR K 1B-1 1A 2A 1 1A-2 2B 9A 9B 9C 6A 8B TR S-4A-1B T R S - 4 A - 1 C E-3 TRA C T M 1 10A 10B I-1 TR T-2 15-A1 1B-1 1B-2 1A-2 1A-1 TRACT C - 1 I-2B I-2A TRACT S - 5 A - 1 1 2 2 3-A 10 TR C- 1 A 35 34 33 8 252627 30 31 32 3B-1 21 1 2 3 4 3C 3E 10C 10A - 1 1 0 A - 2 29B 9 10 3F 8 UNIT 3 UNIT 4 87A 3B-2 9A9D 9C 3A 3B 3C 3DTRG TR A- 1 5A 5B 4 2 1 15B 13A 13A-2 29 1A-1 TR F 5 5 6 9 12 13 14 15 16 17 18 19 T R B - 3 A COMMERCI A L T R A C T T W O COMMERCI A L T R A C T O N E 2 5 3 TRACT A-1 19 18 17 16 15 14 13 12 11 10 9 8 7 51 23 4 3 421 23456 7 8 9 1011 1B-2 A-5-4 A-5-5 2 3D 4 5 6 8 7 15A 1 5 C - 1 15D TRACT B 6 7 8 9 11 12 13 14 15A 26 1 5 C - 2 2 1 A-6BA-6A A-5-2 A-5-3A-1A 20 11 10 8 7 13 9 11 14 !(2 !(1 !(4!(3 !(2 !(1 !(1 !(2 !(1 !(2 !(1 31 2 4 160 2597 2610 119 121 123 211 213 215 217 3 1 7 7 271 0 2712 2714 2716 212 216 31 6 4 313 312310 322 4 323 6 321 7 322 5 3246 325 6 326 6 3276 3278 3286 329 6 329 5 328 5 327 5 326 5 325 5 3245 3235 2920 270 5 294 2931 2975 3027 330 5 3313 3174 3181 3137 3103 3079 17 0 41 6 35 1 38 5 34 4 35 4 362 3215 3248 3314 3316 17 3 3100 14 0 2645 2695 2685 37 0 2625 312 7 30 7 7 33 1 0 34 4 9 34253415 3422 3430 34 0 8 3405 3 4 2 3 3 5 33 6 0 548 536 531 114 2 2 0 2679 2746 28 1 5 2726 2998 3053 3031 3011 3023 3019 2987 2949 2903 2906 3265 3258 3254 3248 3244 3240 3226 3231 3010 3406 3416 3426 3444 3313 34 8 4 34 5 0 34 0 0 34 7 2 335 2 3390 3535 359 3 355 1 3519 360 0 3580356 2 35 4 8 3514349 8 3480 3462 3446 342 4 3530 3420 3431 34 2 0 2720 2932 2934 3421 3465 334 9 3052 3084 3100 2610 2625 2600 2650 1 1 7 291 0 2918 2715 2911 2927 29 3 3 2 9 1 1 351 1 3444 3421 3410 3425 340 9 339 533853381 343 0342 4 34313410 34 2 0 3430 2990 2680 2919 292 1 34 3 0 33 0 0 32593251 3247 3243 3239 3235 3255 3227 3 2 2 3 3219 321 4 32 1 8 322 2 3072 3082 3112 2930 29 4 0 295 0 2941 2931 31 5 2 309 315 301 298302 308 320 33 0 423 419 41 5 4 1 1 35 0 1 C u t - O f f R o a d Woody Way Loop SitkinakDrive Murphy Way Melnits a Lane Unknown Unkn o w n HillaryLane Puffin Drive MillB a y R o a d K o d i a k C o ll e g e D r i v e Shahafka Circle S pruce C a pe R o ad I s l andLakeRoad W o o d y W a y L o o p SharatinRoad P erenosa D rive Benny B e n s o n Drive East Rezanof D r i v e Public Hearing Notice µ0 700 1,400350Feet Kodiak Island Borough GIS Case 17-011LocationNHN's Woody Way Loop & 3235 Rezanof DriveApplicantKodiak Island Borough Request a Title 18 Land Disposal Review, per Chapter 18.20 KIBC, to consider disposal of Lots 11 thru 14 and Tract R-2, Killarney Hills Subdivision. This disposal is a precursor to the Borough requesting competitive development plan proposals for the parcels per KIBC 18.20.090. Legend Subject Parcels 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-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 273 of 301 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 7 4 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 7 5 o f 3 0 1 PU B L I C H E A R I N G I T E M 7 - C P & Z R E G U L A R M E E T I N G : A U G U S T 1 6 , 2 0 1 7 17 - 0 1 1 AG E N D A I T E M # B . A . Re s o l u t i o n N o . F Y 2 0 1 8 - 1 0 A c c e p t i n g T h e R e c o m m e n d a t i o n O f T h e . . . Pa g e 2 7 6 o f 3 0 1 PUBLIC HEARING ITEM 7-C P & Z REGULAR MEETING: AUGUST 16, 2017 17-011 AGENDA ITEM #B.A. Resolution No. FY2018-10 Accepting The Recommendation Of The...Page 277 of 301 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Appointment To The Borough Lands Committee ANCSA Representative Seat (Mr. David Anderson). ORIGINATOR: Karen Siador RECOMMENDATION: Move to confirm the mayoral appointment of Mr. David Anderson to the Borough Lands Committee ANCSA Representative Seat to expire December 2018. DISCUSSION: There is currently a vacancy on the Borough Lands Committee ANCSA Representative seat. An application from Mr. David Anderson was received on September 25, 2017 for this seat. ( See attached) ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #D.A. Appointment To The Borough Lands Committee ANCSA Representat...Page 278 of 301 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 B o r o u g h L a n d s C o m m i t t e e A N C S A R e p r e s e n t a t . . . Pa g e 2 7 9 o f 3 0 1 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 B o r o u g h L a n d s C o m m i t t e e A N C S A R e p r e s e n t a t . . . Pa g e 2 8 0 o f 3 0 1 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 B o r o u g h L a n d s C o m m i t t e e A N C S A R e p r e s e n t a t . . . Pa g e 2 8 1 o f 3 0 1 Revision Date: 5/10/2017 Revised by: LP BOROUGH LANDS COMMIT TEE BOROUGH CLERK’S OFFICE Nova M. Javier, MMC, Borough Clerk 486-9310 clerks@kodiakak.us 710 Mill Bay Road, Room 234, Kodiak, AK 99615 KODIAK ISLAND BOROUGH STAFF: NAME TERM HOME PHONE WORK PHONE CELL PHONE EMAIL Dan Rohrer (Chair) Mayor 10/2019 539-1975 dan.rohrer@kibassembly.org Dave Townsend Assembly member Yearly Appointment 654-4123 dave.townsend@kibassembly.org Matthew Van Daele (Vice-Chair) Assembly member Yearly Appointment 942-5155 matthew.vandaele@kibassembly.org Scott Arndt (B) PO Box 76 Kodiak, AK 99615 Yearly Appointment 481-3745 FAX 481-3333 414-791-3745 Call instead of email Alan Schmitt (C) 3295 Woody Way Loop Kodiak, AK 99615 Yearly Appointment 486-5314 alan.schmitt@kibplanning.org ANCSA Representative VACANT 2018 At Large Seat Bob Brodie PO Box 296 Kodiak, AK 99615 2018 486-3079 486-2000 942-2000 brodie@eagle.ptialaska.net EX-OFFICIO MEMBERS KIB Staff Representative Margaret Slife Resource Management Officer 486-9304 mslife@kodiakak.us KIB Staff Representative Sara Mason Community Development Director 486-9360 smason@kodiakak.us U.S.C.G. Representative LCDR Jeremy Hall (alternate) Assistant Facilities Engineer 487-5320 Ext. 2226 942-2407 Jeremy.m.hall@uscg.mil City of Kodiak Representative Richard Walker 2410 Mill Bay Road Kodiak, AK 99615 Yearly Recommen- dation 481-3775 rwalker@city.kodiak.ak.us This board is governed by Kodiak Island Borough Code 2.160 AGENDA ITEM #D.A. Appointment To The Borough Lands Committee ANCSA Representat...Page 282 of 301 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.A. Appointment To The Borough Lands Committee ANCSA Representat...Page 283 of 301 KODIAK ISLAND BOROUGH STAFF REPORT OCTOBER 5, 2017 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Temporary Appointment Of Assembly Member Scott Smiley To the Kodiak Fisheries Work Group. ORIGINATOR: Laurie Pardoe RECOMMENDATION: Move to confirm the temporary mayoral appointment of Assembly Member Scott Smiley to the Kodiak Fisheries Work Group. DISCUSSION: On September 19, 2017 the Clerk's office received a letter from Assembly Member Van Daele, asking that another Assembly member assume his seat on the Kodiak Fisheries Work Group. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #D.B. Temporary Appointment Of Assembly Member Scott Smiley To the...Page 284 of 301 From: Matt Van Daele [mailto:mattvandaele2016@gmail.com] Sent: Tuesday, September 19, 2017 11:37 AM To: Dan Rohrer; Clerks; Rohrer Dan (personal); Matthew VanDaele (assembly); Nova Javier Subject: Resigned to write a Letter of Resignation for the Fisheries Work Group Dear Mr. Mayor, It is with heavy heart that I need to furnish you with my letter of resignation from the Fisheries Work Group. Sadly, with meetings occurring during normal business hours I don't have the ability to continue attending the FWG. I still believe wholeheartedly in the mission and purpose of this incredibly important work group, and as such I want to allow a new Assembly Member to assume my seat. As much as possible I would like to still be involved due to my background, skillset, and interest, but at this point I won't be able to give it the attention it deserves, nor the attention our fishing families require of a Fisheries Work Group appointee. Thank you for giving me the opportunity to serve, and I wish you and the FWG the best of luck in the future. Onward and upward! Matt AGENDA ITEM #D.B. Temporary Appointment Of Assembly Member Scott Smiley To the...Page 285 of 301 Revision Date: 02/22/2017 Revised by: LP KODIAK FISHERIES WOR K GROUP KODIAK ISLAND BOROUGH • 710 MILL BAY ROAD, KODIAK, AK 99615 HOME PHONE WORK PHONE CELL PHONE EMAIL BOROUGH REPRESENTATIVES Mr. Kyle Crow 738-9283 kyle.crow@kibassembly.org Mr. Larry LeDoux (Co-Chair) 486-4966 942-7011 larry.ledoux@kibassembly.org Mr. Matthew Van Daele 942-5155 matthew.vandaele@kibassembly.org Mr. Michael Powers (Manager) 486-9302 mpowers@kodiakak.us Staff: (January to June) Ms. Nova Javier, MMC (Clerk) 486-9310 clerks@kodiakak.us CITY OF KODIAK REPRESENTATIVES Ms. Pat Branson 486-3641 pbranson@city.kodiak.ak.us Mr. Randall Bishop 486-3364 rbishop@city.kodiak.ak.us Mr. John Whiddon (Co-Chair) 486-8130 jwhiddon@city.kodiak.ak.us Ms. Aimee Kniaziowski 486-8641 akniaziowski@city.kodiak.ak.us Staff: (July to December) Ms. Debra Marlar, MMC 486-8636 dmarlar@city.kodiak.ak.us FISHERIES CONSULTANT Heather McCarty 907-351-6794 hdmccarty@gmail.com CONTACT INFORMATION: From January to June, contact Borough Clerk’s Office. From July to December, contact City Clerk Debra Marlar. AGENDA ITEM #D.B. 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ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly member Skinner who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES — None. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) PLEASE ANNOUNCE: Public hearing will be held later on the agenda. Citizens comments are for general comments and for items that are NOT scheduled for public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 7. AWARDS AND PRESENTATIONS A. Presentation By Providence Kodiak Island Counseling Center - Mary Guilas- Hawver, PKIMC Director Kodiak Island Borough Assembly Guidelines October 5, 2017 Page 1 B. Domestic Violence Awareness Month Proclamation - Beth Davis, KWRCC Outreach Coordinator 8. COMMITTEE REPORTS 9. PUBLIC HEARING 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). Recommended motion: Move to adopt Ordinance No. FY2018-08. Staff Report — Manager Powers. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 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). Recommended motion: Move to adopt Ordinance No. FY2018-09. Clerk's note: 6 public hearing notices returned and were included in the packet. Staff Report — Manager Powers. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 10. BOROUGH MANAGER'S REPORT J 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. Kodiak Island Borough Assembly Guidelines October 5, 2017 Page 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. Recommended motion: Move to approve Professional Services Agreement For U.S. Implementation Between The Kodiak Island Consulting Services Inc. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Contract No. FY2018-11 EPA Brownfield Grant Borough And Stantec B. Resolutions 1. Resolution No. FY2018-10 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (P&Z Case No. 17-011). Recommended motion: Move to adopt Resolution No. FY2018-10. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. C. Ordinances for Introduction — None. Kodiak Island Borough Assembly Guidelines October 5, 2017 Page 3 D. Other Items 1. Appointment To The Borough Lands Committee ANCSA Representative Seat (Mr. David Anderson). Recommended motion: Move to confirm the mayoral appointment of Mr. David Anderson to the Borough Lands Committee ANCSA Representative Seat to expire December 2018. Staff Report — Clerk Javier. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Temporary Appointment Of Assembly Member Scott Smiley To the Kodiak Fisheries Work Group. Recommended motion: Move to confirm the temporary mayoral appointment of Assembly Member Scott Smiley to the Kodiak Fisheries Work Group. Staff Report — Clerk Javier. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS' COMMENTS Announcements The Assembly will hold a work session on Thursday, October 12, 2017 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, October 19, 2017 at 6:30 p.m. in the Borough Assembly Chambers. Kodiak Island Borough Assembly Guidelines October 5, 2017 Page 4 16. EXECUTIVE SESSION A. Real Property Negotiations And Strategies Regarding the Providence Counseling Center Offices. Recommended motion: Move to convene into executive session to discuss Real Property Negotiations And Strategies Regarding the Providence Counseling Center Officers, a subject that qualifies for executive session as a matter that the immediate public knowledge of which, would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor, Assembly, Borough Manager, and Borough Clerk into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: • The Assembly discussed Real Property Negotiations And Strategies Regarding the Providence Counseling Center Officers. and No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. 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O N (D cn O J (CD o X z Fn m s , , s C () D m m m ° o -� ^ m N O a r < O w < 3 3 3 x O ° i W Z o O O O (D ° CD 3 0 < c X D CD 3 � � m m y Z 0 C) CCD ° U3 CD C_ 7 N (D d 0 O N P-1 (D (D N N (D CL AM CCDC, .9 0 c J CD n CD 0 KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: Octu►,r.r Please PRINT your name Please PRINT your name Sb�wGfcti '�l�lc,v�im�� IA A 1V 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. 8 October 06, 2017 At Its Regular Meeting Of October 5, 2017, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, October 19, 2017, At 6:30 p.m. In The Borough Assembly Chambers. RECEIVED Providence Kodiak Island Counseling Center Presentation From Mary Guilas-Hawver, PKIMC Director PROCLAIMED The Month Of October 2017 As Domestic Violence Awareness Month In Kodiak And Encouraged All Citizens Of Kodiak To Actively Support And Participate In The Ongoing Programs Designed To Reduce And Eventually Eliminate Violence As A Social Problem. POSTPONED, 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. POSTPONED, 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. APPROVED Contract No. FY2018-11 Professional Services Agreement For U.S. EPA Brownfield Grant Implementation Between The Kodiak Island Borough And Stantec Consulting Services Inc. FAILED Resolution No. FY2018-10 Accepting The Recommendation Of The Planning And Zoning Commission By Approving Retention Of Lots 11-14, Block 4 and Tract R2, Killarney Hills Subdivision (P&Z Case No. 17-011). CONFIRMED The Mayoral Appointment To The Borough Lands Committee ANCSA Representative Seat (Mr. David Anderson). APPROVED Temporary Appointment Of Assembly Member Scott Smiley To the Kodiak Fisheries Work Group. CONVENED Into Executive Session To Discuss Real Property Negotiations And Strategies Regarding the Providence Counseling Center Officers. INVITED The Borough Mayor, Assembly Members, Borough Manager, and Borough Clerk Into Executive Session; And ANNOUNCED That No Action Was Taken As A Result Of The Executive Session.