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
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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.
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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
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Public Hearing Notice
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Community Development Department
Kodiak Island Borough GIS
AGENDA ITEM #12.A.
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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
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STAFF REPORT AND RECOMMENDATION
Case No. 17-025.
AGENDA ITEM #12.A.
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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.
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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:
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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).
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Public Hearing Notice
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Community Development Department
Kodiak Island Borough GIS
AGENDA ITEM #12.A.
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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
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Legend
Public Hearing Notice
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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
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Legend
Public Hearing Notice
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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
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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
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9
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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.
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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.
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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
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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
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KODIAK ISLAND BOROUGH
Meeting Type: Date: Mete, U3, %ly
Please PRINT your name Please PRINT your name
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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.