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2018-05-03 Regular Meeting AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting April 5, 2018 APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS 16 AGENDA ITEM #5.A. AWARDS AND PRESENTATIONS COMMITTEE REPORTS PUBLIC HEARING 26 AGENDA ITEM #5.A. BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS NEW BUSINESS Contracts 36 AGENDA ITEM #5.A. Resolutions Ordinances for Introduction 46 AGENDA ITEM #5.A. Other Items CITIZENS' COMMENTS 56 AGENDA ITEM #5.A. ASSEMBLY MEMBERS' COMMENTS Announcements ADJOURNMENT 66 AGENDA ITEM #7.A. Office of the Mayor Kodiak Island Borough, Alaska DECLARING MAY 6 THROUGH MAY 12, 2018 MUNICIPAL CLERKS WEEK WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world and the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies, and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and their duties have expanded over the years. Because some elements of government are constantly changing, Clerks must stay current of changes so they can advise the governing body and inform their community. As the focus of each level of government changes, Clerks must also adapt. WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, Daniel Rohrer, Mayor of the Kodiak Island Borough, do hereby proclaim the week of May 6 through May 12, 2018, as: Municipal Clerks Week and further extend appreciation to our Borough Clerk Nova Javier, Deputy Clerk Laurie Pardoe, and Assistant Clerk Karen Siador and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. ________________________________ Daniel A. Rohrer, Borough Mayor Attest:________________________ Date: ____________________________ AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT MAY 3, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH ORDINANCENO. FY2018-04C AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHAMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 3.80 EXCISE TAX ON CIGARETTES AND OTHER TOBACCO PRODUCTSBY CORRECTING THE TAX RETURN REPORTING FREQUENCY, PENALTY PERCENTAGE AND TO ALLOW ADDITIONAL LANGUAGE CLEAN UP IN THE ORDINANCE WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: AGENDA ITEM #9.A. quarter quarter quarter quarter quarter file a tax return and/or 10 ’s Section 3: AGENDA ITEM #9.A. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2018. VOTES: AGENDA ITEM #9.B. KODIAK ISLAND BOROUGH STAFF REPORT MAY 3, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCALIMPACT: OTHER INFORMATION: AGENDA ITEM #9.B. KODIAK ISLAND BOROUGH ORDINANCENO. FY2018-20 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 8 HEALTH AND SAFETY, CHAPTER 8.25 SOLID WASTE COLLECTION AND DISPOSAL, BY REPEALING UNENFORCEABLE SECTION 8.25.090 BILLING AND COLLECTIONSSUBSECTION D LIENS WHEREAS, WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: AGENDA ITEM #9.B. Effective Date: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2018. VOTES: AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH STAFF REPORT MAY 3, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH STAFF REPORT MAY 3, 2018 ASSEMBLY REGULAR MEETING ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH ORDINANCENO. FY2018-05 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOT1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RESIDENTIAL TO MIXEDCOMMERCIAL/ WATERFRONT / RESIDENTIAL(P&Z CASE NO. 17-025) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.A. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: AGENDA ITEM #12.A. Effective Date: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. VOTES: AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. KIB Image Overlay Map µ Image Overlay Request: A Comprehensive Plan amendment to change Case No. 17-025 the Future Land Use Designation of Lots 1A, 2, 3, and 4, Applicant: UYAK Bay LLC and Bruce Kososki Block 3, Tract A, Larsen Bay Subdivision from Residential Agent: Chad Elmer to Mixed Commercial/Waterfront/Residential (KIBC 17.205). Legend Image Overlay µ Community Development Department Kodiak Island Borough GIS AGENDA ITEM #12.A. SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-025. STAFF ANALYSIS RECOMMENDATION AGENDA ITEM #12.A. CURRENTMOTIONON THE FLOOR MOTION TO DIVIDE MOTION TO AMEND MOTION TO POSTPONE FINDINGS OF FACT FOR CASE NO. 17-025 MOTION NO. 1 (KIBC 17.205.020.A-C) AGENDA ITEM #12.A. AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH ORDINANCENO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOT1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RESIDENTIAL TO MIXEDCOMMERCIAL/ WATERFRONT / RESIDENTIAL(P&Z CASE NO. 17-025) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.A. WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: Section 4: AGENDA ITEM #12.A. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. VOTES: AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-025. STAFF ANALYSIS AGENDA ITEM #12.A. RECOMMENDATION CURRENTMOTIONON THE FLOOR MOTION TO AMMEND bold blue Lot 1A supplementa AGENDA ITEM #12.A. June 7 as it applies to said lot,and to postpone the remainder of Case 17-025 that applies to Lots 2, 3, and 4, Block 3, Tract A, Larsen Bay Subdivision to the September 20, 2017regular meeting FINDINGS OF FACT (KIBC 17.205.020.A-C) AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH ORDINANCENO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOT1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RESIDENTIAL TO MIXEDCOMMERCIAL/ WATERFRONT / RESIDENTIAL(P&Z CASE NO. 17-025) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.A. WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: Section 4: AGENDA ITEM #12.A. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. VOTES: AGENDA ITEM #12.A. AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Wednesday, June 21, 2017. CASE:17-025 (Postponed at the April 19, 2017 regular meeting) Written comments must be received by 5 pm, Tuesday, June 6, 2017 to be considered by the commission. 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. Your Name:Mailing Address: Your property description: Comments: AGENDA ITEM #12.A. Request a Comprehensive Plan amendment to change Case 17-025 the Future Land Use Designation of Lots 1A, 2, 3, and 4, Location Block 3, Tract A, Larsen Bay Subdivision from Residential Northeast portion of the to Mixed Commercial/Waterfront/Residential (KIBC 17.205). City of Larsen Bay The intent of this request is to facilitate a subsequent Applicant request to rezone the parcels from R1-Single-Family Uyak Bay LLC and Residential District to B-Business District (Case No.17-026). Bruce Kososki 2 !( 2 !( 2 !( 5 !( 3 6 !(!( 9 !( 4 !( 1 10!( !( 7 !( !(13 8 !( 11 !( 12 !( 2 !( 14 !( USS 672 ! ( 15 !( 17 !( 16 !( 18 !( 16 !( 19 !( Legend Public Hearing Notice µ Community Development Department Kodiak Island Borough GIS AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. CASE: APPLICANT: AGENT: REQUEST: Your Name: Mailing Address: Your Property Description: Comments: AGENDA ITEM #12.A. AGENDA ITEM #12.A. May 24, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Case #17-025 Case #17-026 Case #17-030 /ğƭĻ ϔЊАΏЉЋЎ The Borough Community Development Department proposes ğƒĻƓķźƓŭ ƷŷĻ ĭǒƩƩĻƓƷ \[ğƩƭĻƓ .ğǤ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ (Case 17-025) IN ORDER TO FACILITATE a rezone request (Case 17-026). The Borough shows no consideration for our Community when taking such an aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I strongly oppose any amendment to the Comprehensive Plan at this time. In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April 19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough wide authority to change regulations to address public necessity, convenience, general welfare or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed by the Planning and Zoning Commission when considering an application for a VARIANCE. ĭźƩĭǒƒƭƷğƓĭĻƭ. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the high handedness of the Borough over the local community. We are a small secluded community. I believe that all Larsen Bay property owners and residents should have the opportunity to comment on an ğƒĻƓķƒĻƓƷ Ʒƚ ƚǒƩ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ͵ The current Comprehensive Plan was written in 1984 and then reviewed in 2008. I recall a significant effort and input by the Council and the Community during the 2008 process. The current Comprehensive Plan does not allow for such a large amount of land to be rezoned from R-1 to Business. I believe a moratorium on rezone requests from Residential to Business will give the Community of Larsen Bay the opportunity for all property owners to come together and discuss future land use plans. /ğƭĻ ϔЊАΏЉЋЏ Based on the information I have I am also opposed to the rezone request (case #17- 026). The owner knew when purchasing the lots in question that they were zoned Single Family Residential properties. Why the requested change? Is this request part of the owners original Plan for the property? Does he feel he can come in to a Community and do as he pleases without regard for the standing law? As far as I am aware the property owner never discussed this rezone request with anyone in the Community. In addition to the 4 lots being proposed for a rezone an additional 3 adjacent lots are owned by the same family in the form of business entities. These 7 lots encompass access to Moses which is a well used community AGENDA ITEM #12.A. beach. What is the big picture here? I would like to hear what the property owner has in mind. Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned? If the lots are rezoned the property owner would be able to develop the property however he chose. On a recent bike ride I saw a substantial amount of building materials on the lots proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he expanding his business despite the current single family zoning? Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is approved/denied. Following is a rebuttal to each of the six points to be considered before a VARIANCE can be permitted in Case 17-26. A. Approval report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is/was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he knew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing for a business/commercial rezone at a later date? 3. That the granting of the variance will not result in material damage or prejudice to other Adjacent property owners object to noise and traffic associated with large groups of people with a vacationing/anything goes mind set. There is also a question of the City being able to provide adequate water and electrical utilities. The land is low lying and swampy which raises the question of supporting a septic system for sewage for a commercial property. The EPA would need to be consulted as to if the property could support an appropriate septic system and to protect the public health. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The rezone of 4 lots from residential to commercial is contrary to the objectives of the Larsen Bay Comprehensive Plan as written in 1984 and reviewed in 2008. AGENDA ITEM #12.A. 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and There is a substantial amount of building material on the lots proposed for the rezone which are indicative of the owners intent to develop the property prior to an approved rezone. Is the owners moving forward prior to approval an attempt to get relief from his investment? 6. That granting the variance will not permit a prohibited land use in the district involved. Following is a description in KIB Zoning Code which clearly shows the rezoning to business or commercial is a prohibited land use for these four Single Family Resident lots. 17.75.010 Description and intent. The R1 single-family residential zoning district is established as a land use district for small lot, single-family residential dwellings where public water and sewer services are available. For the single-family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. \[Ord. 83-17-O §2, 1983. Formerly §17.18.010\]. Respectfully, Jane Petrich Lot 5, Blk19 PO Box 52 Larsen Bay, AK 99624 AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. STAFF REPORT AND RECOMMENDATION Case No. 17-025. AGENDA ITEM #12.A. AGENDA ITEM #12.A. STAFF ANALYSIS FUTURE LAND USE DESIGNATION,ZONING, AND USE AGENDA ITEM #12.A. RECENT DEVELOPMENT TRENDS IN THE AREA COMPATABILITY OF LAND USES LAND SUITABILITY TRAFFIC IMPACTS AGENDA ITEM #12.A. COMPREHENSIVE PLAN CONSISTENCY Land Use Goal:Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy:Maximizecompatibility of adjacent land usesand minimize conflicts through zoning, design standards, and other means. Policy:Zone lands to meet future housing, commercial, industrial, and other land needs. o Implementation Action:Identify an adequate supply of land in each community to meet futureresidential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for the projected uses, and conditions or constraints that may affect development. Consider the use of public or private Native-owned lands to help meet these needs. o Implementation Action:Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated in the Borough to meet future economicneeds… Land Use Goal:Develop a comprehensive management framework to encourage economic development while protecting coastal resources. Policy: Encourage future industrial and commercial development to be sited and constructed to promote the most effective utilization of waterfront areas and coastal resources. EconomicGoal:Diversify the overall economy of the Kodiak Region. Policy: Encourage and facilitate small business development on Kodiak Island. Larsen Bay Land UseGoal:Enhance flexibility of land use regulations. Policy:Address concerns about the social impacts of some lodges located within neighborhoods. o Implementation Action:Allow small scale commercial and more bed-and-breakfasts and lodges under certain circumstances, such as in mixed-use zones. Larsen Bay EconomicGoal:Retain residents. Policy:Improve economic opportunities in Larsen Bay. o Implementation Action:Develop additional industries and businesses that are attractive to Larsen Bay. PREVIOUS REZONE REQUEST AND REPLAT OF LOT 1 CREATING LOT 1A AGENDA ITEM #12.A. AGENDA ITEM #12.A. ADDITIONAL COMMENTS CONCLUSION AGENDA ITEM #12.A. RECOMMENDATION APPROPRIATE MOTION FINDINGS OF FACT (KIBC 17.205.020.A-C) AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH ORDINANCENO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE DESIGNATION OF LOTS 1A, 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROM RESIDENTIAL TO MIXEDCOMMERCIAL/ WATERFRONT / RESIDENTIAL(P&Z CASE NO. 17-025) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.A. WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: Section 4: AGENDA ITEM #12.A. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. VOTES: AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Wednesday, April 19, 2017. CASE:17-025 Written comments must be received by 5 pm, Tuesday, April 4, 2017 to be considered by the commission. 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. Your Name:Mailing Address: Your property description: Comments: AGENDA ITEM #12.A. Case 17-025 Request a Comprehensive Plan amendment to change Location the Future Land Use Designation of Lots 1A, 2, 3, and 4, Northeast portion of the Block 3, Tract A, Larsen Bay Subdivision from Residential City of Larsen Bay to Mixed Commercial/Waterfront/Residential (KIBC 17.205). Applicant The intent of this request is to facilitate a subsequent Uyak Bay LLC & request to rezone the parcels from R1-Single-Family Bruce Kososki Residential District to B-Business District (Case No.17-026). 2 ! ( 2 ! ( 2 !( 5 ! ( 3 6 ! ( ! ( 9 ! ( 4 ! ( 1 ! ( 7 ! ( 8 ! ( 11 !( Legend Public Hearing Notice µ Community Development Department Kodiak Island Borough GIS AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH STAFF REPORT MAY 3, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCALIMPACT: OTHER INFORMATION: AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH ORDINANCENO.FY2018-06 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROMR1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17-026) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.B. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW, THEREFORE, BE ITORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: AGENDA ITEM #12.B. Effective Date: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. VOTES: AGENDA ITEM #12.B. Kodiak Island Borough Office of the Borough Clerk NOTICE OF PUBLIC HEARING Thursday,August 17, 2017 Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-026). prior to 3p.m. on August 17, 2017 AGENDA ITEM #12.B. Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-026). AGENDA ITEM #12.B. PUBLIC HEARING FORM Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1- Single-Family Residential District To B-Business District (P&Z Case No. 17-026). prior to 3 p.m. on Thursday, August 17, 2017. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. KIB Image Overlay Map µ Image Overlay Request: A Rezone of Lots 1A, 2, 3, and 4, Block 3, Case No. 17-026 Tract A, Larsen Bay Subdivision from R1-Single-Family Applicant: UYAK Bay LLC and Bruce Kososki Residential District to B-Business District.. Agent: Chad Elmer Legend Image Overlay µ Community Development Department Kodiak Island Borough GIS AGENDA ITEM #12.B. SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-026. STAFF ANALYSIS RECOMMENDATION APPROPRIATEMOTION AGENDA ITEM #12.B. MOTION TO DIVIDE MOTION TO AMEND MOTION TO POSTPONE FINDINGS OF FACT FOR CASE NO. 17-026MOTION NO. 1 (KIBC 17.205.020.A-C) AGENDA ITEM #12.B. AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH ORDINANCENO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROMR1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17-026) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.B. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: Section 4: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. AGENDA ITEM #12.B. VOTES: AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-026. STAFF ANALYSIS RECOMMENDATION APPROPRIATE MOTION FINDINGS OF FACT (KIBC 17.205.020.A-C) AGENDA ITEM #12.B. AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH ORDINANCENO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT1A, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROMR1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17-026) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.B. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: Section 4: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. AGENDA ITEM #12.B. VOTES: AGENDA ITEM #12.B. AGENDA ITEM #12.B. 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363www.kodiakak.us May 3, 2017 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE:17-026 (Postponed atthe April 19, 2017 regular meeting) 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. 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. 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. AGENDA ITEM #12.B. Case 17-026 Request a Rezone of Lots 1A, 2, 3, and 4, Block 3, Location Tract A, Larsen Bay Subdivision from R1-Single-Family Northeast portion of the Residential District to B-Business District. City of Larsen Bay Applicant Uyak Bay LLC and Bruce Kososki 2 !( 2 !( 2 !( 5 !( 3 6 !(!( 9 !( 4 !( 1 10!( !( 7 !( !(13 8 !( 11 !( 12 !( 2 !( 14 !( USS 672 ! ( 15 !( 17 !( 16 !( 18 !( 16 !( 19 !( Legend Public Hearing Notice µ Community Development Department Kodiak Island Borough GIS AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. CASE: APPLICANT: AGENT: REQUEST: Your Name: Mailing Address: Your Property Description: Comments: AGENDA ITEM #12.B. AGENDA ITEM #12.B. May 24, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Case #17-025 Case #17-026 Case #17-030 /ğƭĻ ϔЊАΏЉЋЎ The Borough Community Development Department proposes ğƒĻƓķźƓŭ ƷŷĻ ĭǒƩƩĻƓƷ \[ğƩƭĻƓ .ğǤ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ (Case 17-025) IN ORDER TO FACILITATE a rezone request (Case 17-026). The Borough shows no consideration for our Community when taking such an aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I strongly oppose any amendment to the Comprehensive Plan at this time. In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April 19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough wide authority to change regulations to address public necessity, convenience, general welfare or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed by the Planning and Zoning Commission when considering an application for a VARIANCE. ĭźƩĭǒƒƭƷğƓĭĻƭ. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the high handedness of the Borough over the local community. We are a small secluded community. I believe that all Larsen Bay property owners and residents should have the opportunity to comment on an ğƒĻƓķƒĻƓƷ Ʒƚ ƚǒƩ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ͵ The current Comprehensive Plan was written in 1984 and then reviewed in 2008. I recall a significant effort and input by the Council and the Community during the 2008 process. The current Comprehensive Plan does not allow for such a large amount of land to be rezoned from R-1 to Business. I believe a moratorium on rezone requests from Residential to Business will give the Community of Larsen Bay the opportunity for all property owners to come together and discuss future land use plans. /ğƭĻ ϔЊАΏЉЋЏ Based on the information I have I am also opposed to the rezone request (case #17- 026). The owner knew when purchasing the lots in question that they were zoned Single Family Residential properties. Why the requested change? Is this request part of the owners original Plan for the property? Does he feel he can come in to a Community and do as he pleases without regard for the standing law? As far as I am aware the property owner never discussed this rezone request with anyone in the Community. In addition to the 4 lots being proposed for a rezone an additional 3 adjacent lots are owned by the same family in the form of business entities. These 7 lots encompass access to Moses which is a well used community AGENDA ITEM #12.B. beach. What is the big picture here? I would like to hear what the property owner has in mind. Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned? If the lots are rezoned the property owner would be able to develop the property however he chose. On a recent bike ride I saw a substantial amount of building materials on the lots proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he expanding his business despite the current single family zoning? Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is approved/denied. Following is a rebuttal to each of the six points to be considered before a VARIANCE can be permitted in Case 17-26. A. Approval report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is/was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he knew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing for a business/commercial rezone at a later date? 3. That the granting of the variance will not result in material damage or prejudice to other Adjacent property owners object to noise and traffic associated with large groups of people with a vacationing/anything goes mind set. There is also a question of the City being able to provide adequate water and electrical utilities. The land is low lying and swampy which raises the question of supporting a septic system for sewage for a commercial property. The EPA would need to be consulted as to if the property could support an appropriate septic system and to protect the public health. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The rezone of 4 lots from residential to commercial is contrary to the objectives of the Larsen Bay Comprehensive Plan as written in 1984 and reviewed in 2008. AGENDA ITEM #12.B. 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and There is a substantial amount of building material on the lots proposed for the rezone which are indicative of the owners intent to develop the property prior to an approved rezone. Is the owners moving forward prior to approval an attempt to get relief from his investment? 6. That granting the variance will not permit a prohibited land use in the district involved. Following is a description in KIB Zoning Code which clearly shows the rezoning to business or commercial is a prohibited land use for these four Single Family Resident lots. 17.75.010 Description and intent. The R1 single-family residential zoning district is established as a land use district for small lot, single-family residential dwellings where public water and sewer services are available. For the single-family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. \[Ord. 83-17-O §2, 1983. Formerly §17.18.010\]. Respectfully, Jane Petrich Lot 5, Blk19 PO Box 52 Larsen Bay, AK 99624 AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. STAFF REPORT AND RECOMMENDATION Case No. 17-026. AGENDA ITEM #12.B. STAFF ANALYSIS CONCLUSION AGENDA ITEM #12.B. RECOMMENDATION APPROPRIATE MOTION FINDINGS OF FACT (KIBC 17.205.020.A-C) AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH ORDINANCENO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOTS 1A, 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROMR1- SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17- 026) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.B. WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: Section 4: AGENDA ITEM #12.B. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. VOTES: AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Wednesday, April 19, 2017. CASE:17-026 Written comments must be received by 5 pm, Tuesday, April 4, 2017 to be considered by the commission. 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. Your Name:Mailing Address: Your property description: Comments: AGENDA ITEM #12.B. Case 17-026 Request a Rezone of Lots 1A, 2, 3, and 4, Block 3, Location Tract A, Larsen Bay Subdivision from R1-Single-Family Northeast portion of the Residential District to B-Business District. City of Larsen Bay Applicant Uyak Bay LLC & Bruce Kososki 2 ! ( 2 ! ( 2 !( 5 ! ( 3 6 ! ( ! ( 9 ! ( 4 ! ( 1 ! ( 7 ! ( 8 ! ( 11 !( Legend Public Hearing Notice µ Community Development Department Kodiak Island Borough GIS AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.B. AGENDA ITEM #12.C. KODIAK ISLAND BOROUGH STAFF REPORT MAY 3, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #12.C. KODIAK ISLAND BOROUGH ORDINANCENO. FY2018-07 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 4, BLOCK 19, TRACT A, LARSEN BAY SUBDIVISION FROM R1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17-030) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.C. WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: Effective Date: AGENDA ITEM #12.C. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. VOTES: AGENDA ITEM #12.C. Kodiak Island Borough Office of the Borough Clerk NOTICE OF PUBLIC HEARING Thursday,August 17, 2017 Ordinance No.FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-030). prior to 3p.m. on August 17, 2017 AGENDA ITEM #12.C. Ordinance No.FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-030). AGENDA ITEM #12.C. PUBLIC HEARING FORM Ordinance No.FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1- Single-Family Residential District To B-Business District (P&Z Case No. 17-030). prior to 3 p.m. on Thursday, August 17, 2017. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. KIB Location & Zoning Map µ Location and Zoning Request: A Rezone of Lot 4, Block 19, Tract A, Larsen Bay Case No. 17-030 Subdivision from R1-Single-Family Residential District to Applicant: Foxtail Lodge, LLC B-Business District (KIBC 17.205). Agent: Jerre D. Munson Legend 1717 !(!( 1616 !(!( 1818 !(!( 1616 !(!( 1919 !(!( Zoning Legend Community Development Department Kodiak Island Borough GIS AGENDA ITEM #12.C. KIB Image Overlay Map µ Request: A Rezone of Lot 4, Block 19, Tract A, Larsen Bay Image Overlay Subdivision from R1-Single-Family Residential District to Case No. 17-030 B-Business District (KIBC 17.205). Applicant: Foxtail Lodge, LLC Agent: Jerre D. Munson Legend Image Overlay µ Community Development Department Kodiak Island Borough GIS AGENDA ITEM #12.C. STAFF REPORT AND RECOMMENDATION CaseNo. 17-030. AGENDA ITEM #12.C. STAFF ANALYSIS PREVIOUS ZONING ACTIONS AGENDA ITEM #12.C. FUTURE LAND USE DESIGNATION, ZONING, AND USE AGENDA ITEM #12.C. “Bed and breakfast (B&B)” means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B&B must reside on the premises and the maximum number of rooms that can be rented out is five. In addition to the off-street parking requirements of KIBC 17.175.040for a single-family dwelling, a B&B with up to two guest rooms must provide one additional parking space; a B&B with three to four guest rooms must provide two additional parking spaces; and a B&B with fiveguest rooms must provide three additional parking spaces. “Lodge” means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography and viewing, and passive recreational activities. RECENT DEVELOPMENT TRENDS IN THE AREA COMPATABILITY OF LAND USES LAND SUITABILITY TRAFFIC IMPACTS COMPREHENSIVE PLAN CONSISTENCY AGENDA ITEM #12.C. Land Use Goal:Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy:Maximize compatibility of adjacent land uses and minimize conflicts through zoning, design standards, and other means. Policy: Zone lands to meet future housing, commercial, industrial, and other land needs. o Implementation Action:Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for the projected uses, and conditions or constraints that may affect development. Consider the use of public or private Native-owned lands to help meet these needs. o Implementation Action:Evaluate the need and recommend specific sites for commercial and industrial uses within and outside cities and unincorporated in the Borough to meet future economic needs… Economic Goal:Diversify the overall economy of the Kodiak Region. Policy: Encourage and facilitate small business development on Kodiak Island. Larsen Bay Land Use Goal:Enhance flexibility of land use regulations. Policy:Address concerns about the social impacts of some lodges located within neighborhoods. o Implementation Action:Allow small scale commercial and more bed-and- breakfasts and lodges under certain circumstances, such as in mixed-use zones. Larsen Bay Economic Goal:Retain residents. Policy:Improve economic opportunities in Larsen Bay. o Implementation Action:Develop additional industries and businesses that are attractive to Larsen Bay. ADDITIONAL COMMENTS AGENDA ITEM #12.C. CONCLUSION RECOMMENDATION APPROPRIATE MOTION FINDINGS OF FACT (KIBC 17.205.020.A-C) AGENDA ITEM #12.C. AGENDA ITEM #12.C. KODIAK ISLAND BOROUGH ORDINANCENO. FY201X-XX AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING LOT 4, BLOCK 19, TRACT A, LARSEN BAY SUBDIVISION FROM R1-SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17-030) WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, AGENDA ITEM #12.C. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Section 2: Section 3: Section 4: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS __________ DAY OF _______________, 2017. AGENDA ITEM #12.C. VOTES: AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Wednesday, June 21, 2017. CASE:17-030 Written comments must be received by 5 pm, Tuesday, June 6, 2017 to be considered by the commission. 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. Your Name:Mailing Address: Your property description: Comments: AGENDA ITEM #12.C. Case 17-030 Request a Rezone of Lot 4, Block 19, Tract A, Location Larsen Bay Subdivision from R1-Single-Family NHN First Street, Residential District to B-Business District Larsen Bay (KIBC 17.205). Applicant Foxtail Lodge, LLC 2 !( 2 !( 2 !( 5 !( 3 6 !( !( 9 !( 4 !( 1 10!( !( 7 !( 13 !( 8 !( 11 !( 12 !( 2 !( 14 !( USS 672 ! ( 15 !( 17 !( 16 !( 18 !( 16 !( 19 !( Legend Public Hearing Notice µ Community Development Department Kodiak Island Borough GIS AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. CASE: 17-030 APPLICANT: Foxtail Lodge LLC AGENT: Jerre D Munson REQUEST: A Rezone of Lot 4, Block 19, Tact A, Larsen Bay Your Name: David Harmes Mailing Address: POBox 83 Larsen Bay AK 99624 Your Property Description: Lot 7, Block 4, Tact A, Larsen Bay Comments: This zoning change request, meets the current Larsen Bay Comprehensive Zoning Plan AGENDA ITEM #12.C. AGENDA ITEM #12.C. May 24, 2017 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Case #17-025 Case #17-026 Case #17-030 /ğƭĻ ϔЊАΏЉЋЎ The Borough Community Development Department proposes ğƒĻƓķźƓŭ ƷŷĻ ĭǒƩƩĻƓƷ \[ğƩƭĻƓ .ğǤ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ (Case 17-025) IN ORDER TO FACILITATE a rezone request (Case 17-026). The Borough shows no consideration for our Community when taking such an aggressive position in support of Case #17-026, a request to rezone 4 R-1 lots to Business. I strongly oppose any amendment to the Comprehensive Plan at this time. In discussion with the Planning and Zoning on CASE 17-025 at the Public Hearing on April 19, 2017, Commissioners used the terms VARIANCE and AMENDMENT to the Comprehensive Plan interchangeably. Chapter 17.205 defines AMENDMENTS as a process giving the Borough wide authority to change regulations to address public necessity, convenience, general welfare or good zoning practice. Chapter 17.195 of Borough Code Describes the process to be followed by the Planning and Zoning Commission when considering an application for a VARIANCE. ĭźƩĭǒƒƭƷğƓĭĻƭ. The use of VARIANCE as opposed to AMENDMENT as I interpret it lightens the high handedness of the Borough over the local community. We are a small secluded community. I believe that all Larsen Bay property owners and residents should have the opportunity to comment on an ğƒĻƓķƒĻƓƷ Ʒƚ ƚǒƩ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ͵ The current Comprehensive Plan was written in 1984 and then reviewed in 2008. I recall a significant effort and input by the Council and the Community during the 2008 process. The current Comprehensive Plan does not allow for such a large amount of land to be rezoned from R-1 to Business. I believe a moratorium on rezone requests from Residential to Business will give the Community of Larsen Bay the opportunity for all property owners to come together and discuss future land use plans. /ğƭĻ ϔЊАΏЉЋЏ Based on the information I have I am also opposed to the rezone request (case #17- 026). The owner knew when purchasing the lots in question that they were zoned Single Family Residential properties. Why the requested change? Is this request part of the owners original Plan for the property? Does he feel he can come in to a Community and do as he pleases without regard for the standing law? As far as I am aware the property owner never discussed this rezone request with anyone in the Community. In addition to the 4 lots being proposed for a rezone an additional 3 adjacent lots are owned by the same family in the form of business entities. These 7 lots encompass access to Moses which is a well used community AGENDA ITEM #12.C. beach. What is the big picture here? I would like to hear what the property owner has in mind. Once the first 4 lots are rezoned, will a request be made for the additional 3 lots to be rezoned? If the lots are rezoned the property owner would be able to develop the property however he chose. On a recent bike ride I saw a substantial amount of building materials on the lots proposed for the rezone. Does the owner feel that his rezone request is a done deal? Is he expanding his business despite the current single family zoning? Chapter 17.195 of Borough Code outlines the conditions under which a VARIANCE is approved/denied. Following is a rebuttal to each of the six points to be considered before a VARIANCE can be permitted in Case 17-26. A. Approval report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is/was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he knew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing for a business/commercial rezone at a later date? 3. That the granting of the variance will not result in material damage or prejudice to other Adjacent property owners object to noise and traffic associated with large groups of people with a vacationing/anything goes mind set. There is also a question of the City being able to provide adequate water and electrical utilities. The land is low lying and swampy which raises the question of supporting a septic system for sewage for a commercial property. The EPA would need to be consulted as to if the property could support an appropriate septic system and to protect the public health. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The rezone of 4 lots from residential to commercial is contrary to the objectives of the Larsen Bay Comprehensive Plan as written in 1984 and reviewed in 2008. AGENDA ITEM #12.C. 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and There is a substantial amount of building material on the lots proposed for the rezone which are indicative of the owners intent to develop the property prior to an approved rezone. Is the owners moving forward prior to approval an attempt to get relief from his investment? 6. That granting the variance will not permit a prohibited land use in the district involved. Following is a description in KIB Zoning Code which clearly shows the rezoning to business or commercial is a prohibited land use for these four Single Family Resident lots. 17.75.010 Description and intent. The R1 single-family residential zoning district is established as a land use district for small lot, single-family residential dwellings where public water and sewer services are available. For the single-family residential district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the construction of single-family dwellings; B. To prohibit commercial and industrial land uses and any other use of the land which would interfere with the development or continuation of single-family dwellings in the district; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; D. To discourage any use which would generate other than normal vehicular traffic on streets serving residents on those streets; and E. To prohibit any use which, because of its character or size, would create requirements and costs for public services, such as police and fire protection, water supply and sewerage, before such service can systematically and adequately be provided. \[Ord. 83-17-O §2, 1983. Formerly §17.18.010\]. Respectfully, Jane Petrich Lot 5, Blk19 PO Box 52 Larsen Bay, AK 99624 AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #12.C. AGENDA ITEM #A.A. KODIAK ISLAND BOROUGH STAFF REPORT MAY 3, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: AGENDA ITEM #A.A. KODIAK ISLAND BOROUGH STAFF REPORT MAY 3, 2018 ASSEMBLY REGULAR MEETING OTHER INFORMATION: AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. KODIAK ISLAND BOROUGH REQUEST FOR PROPOSALS Architectural & Engineering Services for Providence Kodiak Island Medical Center December2017 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 (907) 486-9210 AGENDA ITEM #A.A. REQUEST FOR PROPOSALS Architectural &EngineeringServices for Providence Kodiak Island Medical Center Architectural &Engineering Services for Providence Kodiak Island Medical Center AGENDA ITEM #A.A. IMPORTANT REGISTRATION FORM Contact Information AGENDA ITEM #A.A. INTRODUCTION Kodiak Island Borough (KIB): Kodiak Island Borough Engineering and Facilities Department (EF): Kodiak Island Borough Architectural/Engineering Review Board (ARB): Providence Health &Services: COMMUNITYPROFILE FACILITYPROFILE AGENDA ITEM #A.A. SCOPEOF WORK CONTRACT AWARDSCHEDULE SELECTIONPROCESS A.Evaluation& Selection Process AGENDA ITEM #A.A. B.EvaluationFactors C.Interviews PROPOSAL Architectural & Engineering Services for Providence Kodiak Island Medical Center AGENDA ITEM #A.A. A.Letterof Transmittal: B.Firm Qualificationsand Experience:Weight 40% C.ProposedProject Team:Weight 30% AGENDA ITEM #A.A. D.ManagementPlan:Weight 20% E.Workloadand Resources:Weight 10% ADMINISTRATIVE INFORMATION A.Contact Person B.Deadline for Receipt of Proposals 3:00 p.m., prevailing time (AK),January 10, 2018 C.Proposers' Review and Substantive Questions D.Addendum to the RFP E.Cancellation of the RFP AGENDA ITEM #A.A. F.Proposal Withdrawal and Correction G.Retention of Proposals H.Cost of Proposal Preparation I.Delivery of Proposals J.Media Announcements . K.Binding Contract INSURANCE REQUIREMENTS A.Workers'Compensation: AGENDA ITEM #A.A. B.CommercialGeneral Liability: C.Automobile Liability: D.ProfessionalLiability. AGENDA ITEM #A.A. ADDENDUM 1 KODIAK ISLAND BOROUGH A&E SERVICES FOR PROVIDENCE KODIAK ISLAND MEDICAL CENTER Kodiak, AK December 14, 2017 TO ALL PLAN HOLDERS OF RECORD: QUESTIONS/RESPONSES: QUESTION 1: QUESTION 2: END OF ADDENDUM NO. 1 AGENDA ITEM #A.A. ADDENDUM 2 KODIAK ISLAND BOROUGH A&E SERVICES FOR PROVIDENCE KODIAK ISLAND MEDICAL CENTER Kodiak, AK December 21, 2017 TO ALL PLAN HOLDERS OF RECORD: QUESTIONS/RESPONSES: QUESTION 1: END OF ADDENDUM NO. 2 AGENDA ITEM #A.A. ADDENDUM 3 KODIAK ISLAND BOROUGH A&E SERVICES FOR PROVIDENCE KODIAK ISLAND MEDICAL CENTER Kodiak, AK December 26, 2017 TO ALL PLAN HOLDERS OF RECORD: QUESTIONS/RESPONSES: QUESTION 1: END OF ADDENDUM NO. 3 AGENDA ITEM #A.A. Kodiak Island Borough Engineering & Facilities Department Projects Office Background AGENDA ITEM #A.A. Recommendation AGENDA ITEM #A.A. Kodiiak Isslandd Borroughh EEngineeringg & Facilitiies Departmment PProjects Offffice AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. AGENDA ITEM #A.A. Kodiak Island Borough Assembly Regular Meeting Guidelines May 03, 2018, 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. paal'e Recommended motion: Move to excuse Assembly members Skinner,A and Symmons who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and the consent agenda. *Regular Meeting Minutes Of April 5, 2018. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES *Regular Meeting Minutes Of April 5, 2018. 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof Kodiak Island Borough Assembly Guidelines May 03, 2018 Page 1 7. AWARDS AND PRESENTATIONS A. Municipal Clerk's Week Proclamation — Borough Clerk's Staff. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2018-04C Amending Title 3 Revenue And Finance Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products By Correcting Tax Return Reporting Frequency, Penalty Percentage And To Allow Additional Language Clean Up In The Ordinance. Recommended motion: Move to adopt Ordinance No. FY2018-04C. 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. FY2018-20 Amending Kodiak Island Borough Code Title 8 Health & Safety, Chapter 8.25 Solid Waste Collection and Disposal By Repealing Unenforceable Section 8.25.090 Billing and Collections Subsection D Liens. Recommended motion: Move to adopt Ordinance No. FY2018-20. 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 11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Guidelines May 03, 2018 Page 2 12. UNFINISHED BUSINESS A. Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Comm ercialNVaterfront/Residential (P&Z Case No. 17-025). Clerk's Note: The motion is already on the floor which is "Move to adopt Ordinance No. FY2018-05." Staff Report –Manager Powers. Assembly discussion. During discussion and prior to the vote, any Assembly member who will be voting against approval should clearly articulate the reasons—as • supported by the 2008 Comprehensive Plan and/or Borough Code—for supporting denial of these land use actions. It is important to have findings of fact and the Assembly's clear intent on record, even if just on audio files, in the event that the action is appealed to the court. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-026). Clerk's Note: The motion is already on the floor which is "Move to adopt Ordinance No. FY2018-06." Staff Report – Manager Powers. Assembly discussion. During discussion and prior to the vote, any Assembly member who will be voting against approval should clearly articulate the reasons—as • supported by the 2008 Comprehensive Plan and/or Borough Code—for supporting denial of these land use actions. It is important to have findings of fact and the Assembly's clear intent on record, even if just on audio files, in the event that the action is appealed to the court. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines May 03, 2018 Page 3 C. Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-030). Clerk's Note: The motion is already on the floor which is "Move to adopt Ordinance No. FY2018-07." Staff Report – Manager Powers. Assembly discussion. During discussion and prior to the vote, any Assembly member who will be voting against approval should clearly articulate the reasons—as i supported by the 2008 Comprehensive Plan and/or Borough Code—for supporting denial of these land use actions. It is important to have findings of fact and the Assembly's clear intent on record, even if just on audio files, in the event that the action is appealed to the court. ROLL CALL VOTE ON MOTION. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2018-28 Term Contract Award For Architectural and Engineering Services For Projects At Providence Kodiak Island Medical Center. Recommended motion: Move to authorize the Manager to execute Contract No. FY2018-28 with Jensen Yorba Lott, Inc. for Architectural and Engineering Services for projects at Providence Kodiak Island Medical Center. Staff Report – Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. B. Resolutions – None. C. Ordinances for Introduction – None. D. Other Items – None. Kodiak Island Borough Assembly Guidelines May 03, 2018 Page 4 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 next Assembly work session is scheduled on Thursday, May 10, 2018 at 6:30 p.m. immediately followed by an Assembly Special Meeting in the School District Conference Room. The Assembly will be holding a Special Meeting on Tuesday, May 15, 2018 at 6:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, May 17, 2018 at 6:30 p.m. in the Borough Assembly Chambers. 16. 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 maiority 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. Kodiak Island Borough Assembly Guidelines May 03, 2018 Page 5 � 2 § \ w \ \/a§ \ \ \\ /( \ m ? 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O _E = �aCD CD E U N 0-0 E 0 O E_ >> N O N , N O O C 'u o 0 E al O N cr y C o `o o W 'm 2w2i KODIAK ISLAND BOROUGH Meeting Type: Date: Mete, U3, %ly Please PRINT your name Please PRINT your name .0'2IL✓I4/A • /4 f r,1 i i 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. 24 May 04, 2018 At Its Regular Meeting Of May 03, 2018, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, May 17, 2018, At 6:30 p.m. In The Borough Assembly Chambers. PROCLAIMED May 6 Through May 12, 2018 Municipal Clerks Week Extending Appreciation To Borough Clerk Nova Javier, Deputy Clerk Laurie Pardoe, Assistant Clerk Karen Siador, And To All Municipal Clerks For The Vital Services They Perform And Their Exemplary Dedication To The Community They Represent. ADOPTED Ordinance No. FY2018-04C Amending Title 3 Revenue And Finance Chapter 3.80 Excise Tax On Cigarettes And Other Tobacco Products By Correcting Tax Return Reporting Frequency, Penalty Percentage And To Allow Additional Language Clean Up In The Ordinance. ADOPTED Ordinance No. FY2018-20 Amending Kodiak Island Borough Code Title 8 Health & Safety, Chapter 8.25 Solid Waste Collection and Disposal By Repealing Unenforceable Section 8.25.090 Billing and Collections Subsection D Liens. ADOPTED Ordinance No. FY2018-05 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lot 1A, Block 3, Tract A, Larsen Bay Subdivision from Residential to Mixed Commercial/Waterfront/Residential (P&Z Case No. 17-025). ADOPTED Ordinance No. FY2018-06 Rezoning Lot 1A, Block 3, Tract A, Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-026). FAILED Ordinance No. FY2018-07 Rezoning Lot 4, Block 19, Tract A, Larsen Bay Subdivision From R1- Single-Family Residential District To B-Business District (P&Z Case No. 17-030). AUTHORIZED The Manager To Execute Contract No. FY2018-28 Term Contract Award For Architectural and Engineering Services For Projects At Providence Kodiak Island Medical Center With Jensen Yorba Lott, Inc.