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2018-07-05 Regular Meeting AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.A. 1 2 3 4 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2018-01B 9 10 AN ORDINANCEOF THE ASSEMBLY OF THEKODIAK ISLANDBOROUGHAMENDING 11 ORDINANCE NO. FY2018-01FISCAL YEAR 2018 BUDGET BY AMENDING BUDGETS TO 12 ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 13 ADDITIONAL EXPENDITURES AND MOVING FUNDS BETWEEN PROJECTS. 14 15 WHEREAS, 16 17 18 19 20 WHEREAS, 21 22 23 24 25 WHEREAS, 26 27 28 29 30 31 32 33 WHEREAS, 34 35 36 37 38 WHEREAS, 39 40 41 42 WHEREAS, 43 44 AGENDA ITEM #9.A. 45 WHEREAS, 46 47 48 WHEREAS, 49 50 51 52 WHEREAS 53 54 55 WHEREAS 56 57 58 59 WHEREAS 60 61 62 63 WHEREAS 64 65 66 67 68 WHEREAS 69 70 71 72 WHEREAS 73 74 75 76 77 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 78 BOROUGH THAT: 79 80 Section 1: 81 82 83 Section 2 84 85 86 Section 3 87 88 AGENDA ITEM #9.A. 89 Section 4 90 91 92 93 Section 5 94 95 96 97 Section 6 98 99 100 101 Section 7 102 103 104 Section 8 105 106 107 Section 9: 108 109 110 Section 10: 111 112 113 Section 11: 114 115 116 Section 12 117 118 119 Section 13 120 121 122 123 124 Section 14 125 126 127 128 129 Section 15 130 131 132 133 AGENDA ITEM #9.A. 134 Effective Date: 135 136 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 137 THIS __________ DAY OF _______________, 2018. 138 139 140 141 142 143 144 145 VOTES: 146 147 AGENDA ITEM #9.A. AGENDA ITEM #9.A. AGENDA ITEM #9.A. AGENDA ITEM #9.A. AGENDA ITEM #9.B. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.B. 1 2 SUBSTITUTED 3 4 VERSION 5 6 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCENO. FY2019-04 10 11 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHREVISING 12 KODIAK ISLAND BOROUGH TITLE 3.45 SEVERANCE TAX TO ALLOW WAIVER OF 13 SEVERANCE TAXES FOR NON-PROFITS BY MAJORITY VOTE OF THE KODIAK ISLAND 14 BOROUGH ASSEMBLY. 15 16 WHEREAS, 17 18 19 WHEREAS, 20 21 22 WHEREAS, 23 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: 29 30 31 Section 2: 32 33 34 3.45.030Exemptions. 35 This exemption does not apply to KIBC3.45.020(D). \[Ord. 91-03 §2, 1991. Formerly 36§3.26.030\]. 37 38 A. 39 40 41 42 43 B. SeveranceTaxes may be waived for eligible 501c (3) organizationsupon application to 44 the Borough Manager. This waiver is available for non-profit fundraising activities which 45 are related to the use of resources extracted from Kodiak Island Borough Lands. AGENDA ITEM #9.B. 46 47 C. The total of exempted severance tax shall not exceed $500.00 48 49 Effective Date: 50 51 52 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53 THIS __________ DAY OF _______________, 201X. 54 55 56 57 58 59 60 61 VOTES: 62 63 AGENDA ITEM #9.C. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: AGENDA ITEM #9.C. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.C. 1 2 3 4 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2019-05 9 10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHWRITING OFF 11 THE PROPERTY TAXES, PENALTIES, INTEREST AND FEES OF THOSE MOBILE HOMES 12 WHICH WERE ABANDONED AND/OR DEMOLISHED. 13 14 WHEREAS, 15 16 17 18 WHEREAS, 19 20 21 WHEREAS, 22 23 24 25 WHEREAS, 26 27 28 WHEREAS, 29 30 31 32 WHEREAS, 33 34 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OFTHE KODIAK ISLAND 37 BOROUGH THAT, 38 39 40 41 42 43 44 Section 1: 45 AGENDA ITEM #9.C. 46 47 48 Effective Date: 49 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS __________ DAY OF _______________, 2018. 52 53 54 55 56 57 58 59 VOTES: 60 61 AGENDA ITEM #9.C. AGENDA ITEM #9.C. AGENDA ITEM #9.C. AGENDA ITEM #9.C. AGENDA ITEM #9.C. AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.A.1. AGENDA ITEM #13.A.1. AGENDA ITEM #13.A.1. AGENDA ITEM #13.A.1. AGENDA ITEM #13.A.1. ALASKA’S TRAVEL INDUSTRY REPRESENTS PROVEN RESOURCE DEVELOPMENT Alaskans by REINVESTING 1 in 8 jobs come from infrastructure and other services provided by the all Alaskans and other That’s 47,000 jobs! Business New tourism owners hiring products more Alaskans & business growth $1.94 billion in $4.17 billion $83 million in visitor visitor fees to spending in economic city/borough budgets Alaska 2.07 million visitors to $105 million in Alaska visitor fees to State Budget Reinvestment 20% of $$$ for 19%19% 18% Alaska 13% Tourism 11% WORKS for Source: Economic Impact of Alaska’s Visitor Industry (2014-2015 Update) by McDowell Group. Alaska! AGENDA ITEM #13.A.1. Alaska’s Tourism Industry = Renewable Natural Resource City/Borough FamilyState Budgets BudgetBudget $4.17 billion in economic $83 million $105 million Where Do We Stand? Alaska needs a in order to keep market share when Who is ATIA? 610 E. 5th Ave., Ste. 200 Anchorage, AK 99501 907.929.2842 AlaskaTIA.org AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.C.1. 1 2 3 4 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2019-02 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11 THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE 12 DESIGNATION OF LOTS 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION 13 FROM RESIDENTIAL TO MIXEDCOMMERCIAL/ WATERFRONT/RESIDENTIAL(P&Z 14 CASE NO. 17-025) 15 16 WHEREAS, 17 18 19 20 WHEREAS, 21 22 23 24 WHEREAS, 25 26 27 WHEREAS, 28 29 30 31 32 WHEREAS, 33 34 35 36 37 WHEREAS, 38 39 40 WHEREAS, 41 42 43 AGENDA ITEM #13.C.1. 44 WHEREAS, 45 46 47 48 WHEREAS, 49 50 51 52 WHEREAS, 53 54 55 56 WHEREAS, 57 58 59 60 61 WHEREAS, 62 63 64 65 66 67 WHEREAS, 68 69 70 71 WHEREAS, 72 73 74 75 WHEREAS, 76 77 78 79 WHEREAS, 80 81 82 83 84 85 WHEREAS, 86 87 88 AGENDA ITEM #13.C.1. 89 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 90 BOROUGH THAT: 91 92 Section 1: 93 94 95 Section 2: 96 97 98 99 Section 3: 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 Effective Date: 134 AGENDA ITEM #13.C.1. 135 136 137 138 139 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 140 THIS __________ DAY OF _______________,2018. 141 142 143 144 145 146 147 148 VOTES: 149 150 AGENDA ITEM #13.C.1. SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-025. STAFF ANALYSIS AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. RECOMMENDATION CURRENTMOTIONON THE FLOOR (Case No. 17-025 Motion No.2) MOTION TO AMMEND FINDINGS OF FACT (KIBC 17.205.020.A-C) AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. 1 2 3 4 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2018-XX 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 11 THE 2008 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE 12 DESIGNATION OF LOTS 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION 13 FROM RESIDENTIAL TO MIXEDCOMMERCIAL/ WATERFRONT / RESIDENTIAL(P&Z 14 CASE NO. 17-025) 15 16 WHEREAS, 17 18 19 20 WHEREAS, 21 22 23 24 WHEREAS, 25 26 27 WHEREAS, 28 29 30 31 32 WHEREAS, 33 34 35 36 37 WHEREAS, 38 39 40 WHEREAS, 41 42 43 AGENDA ITEM #13.C.1. 44 WHEREAS, 45 46 47 48 WHEREAS, 49 50 51 52 WHEREAS, 53 54 55 56 WHEREAS, 57 58 59 60 61 WHEREAS, 62 63 64 65 66 67 WHEREAS, 68 69 70 71 WHEREAS, 72 73 74 75 WHEREAS, 76 77 78 79 WHEREAS, 80 81 82 83 84 85 WHEREAS, 86 87 88 AGENDA ITEM #13.C.1. 89 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 90 BOROUGH THAT: 91 92 Section 1: 93 94 95 Section 2: 96 97 98 99 Section 3: 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 Effective Date: 134 AGENDA ITEM #13.C.1. 135 136 137 138 139 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 140 THIS __________ DAY OF _______________, 2018. 141 142 143 144 145 146 147 148 VOTES: 149 150 AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Wednesday, May 16,2018. CASE:17-025(Postponed at the June 2017 regular meeting) Written comments mustbereceived by 5pm, Tuesday, May 1,2018to be considered by the commission. Ifyou would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting.The local call-intelephone number is 486- 3231.The toll free telephone number is 1-855-492-9202. YourName:Mailing Address: Yourproperty description: Comments: AGENDA ITEM #13.C.1. Case 17-025 Request a Comprehensive Plan amendment to change Location the Future Land Use Designation of Lots 2, 3, and 4, Northeast portion of the Block 3, Tract A, Larsen Bay Subdivision from City of Larsen Bay Residential to Mixed Commercial/Waterfront/ Applicant Residential (KIBC 17.205). Uyak Bay LLC and Bruce Kososki 2 ! ( 2 ! ( 2 ! ( 5 ! ( 63 !! (( 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 #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-025. STAFF ANALYSIS AGENDA ITEM #13.C.1. RECOMMENDATION CURRENTMOTIONON THE FLOOR (Case No. 17-025 Motion No.2) MOTION TO POSTPONE AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Wednesday, April 18, 2018. CASE:17-025(Postponed at theJune 2017 regular meeting) ritten comments mstereceived by Wub 5pm, Tuesday, April 3,2018to be considered by the commission. Ifyou would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting.The local call-intelephone number is 486- 3231.The toll freetelephone number is 1-855-492-9202. YourName:Mailing Address: Yourproperty description: Comments: AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. To: Kodiak Island Borough Community Development Department 710 Mill Bay Road, Kodiak AK 99615 From: Tammy Helms 3805 E Cottonwood Way, Wasilla AK 99654 907-775-5557 Property owner of: Lot 1, Block 4 and Lot 4, Block 2, Larsen Bay Subdivision Kodiak Island Borough Planning and Zoning Commission: I reviewed case 17-025, requesting a comprehensive plan amendment to change the future land use designation of lots 2, 3, and 4, block 3, tract A, Larsen Bay subdivision from residential to mixed commercial/waterfront/residential (KIBC 17.205) and case 17-026 requesting a rezone of lots 2, 3, and 4, block 3, tract A, Larsen Bay subdivision from R-1-single-family residential district to B-business district (KIBC 17.205). The proposed lots sit between my two lots, block 4 lot 1 and block 2, lot 4, tract A, Larsen Bay subdivision. I have provided my comments on each case below: /ğƭĻ ЊАΏЉЋЎ I believe it is important that the borough supports the recommendation of the City of Larsen Bay regarding the comprehensive plan, as they are the local governing body of the community aside for the planning and zoning powers the borough implements. If the City of Larsen Bay is not in favor of the proposed comprehensive plan amendment, the borough should support and uphold their position on the matter. The city is actively holding community meetings to involve the residents of Larsen Bay, hear oices on the matter, and update the comprehensive plan ensure it fits the current future their v to and needs and plans of the community. Land decisions such as these irrevocably change the future character of a community, and the opinion of elected representatives should have weight. If the City of Larsen Bay rules a mixed commercial/waterfront/residential zone is in the best interest of the community, the borough should support that, however the boundaries of the designation should extend beyond lots 2, 3, and 4 of block 3. It seems impractical and one-sided to amend the comprehensive plan and zoning for only three lots. If such a change were to be implemented I would request my two lots (Lot 1, Block 4 and Lot 4, Block 2) be considered for the new zoning. /ğƭĻ ЊАΏЉЋЏ My comments for this case echo in continuation of case 17-025. A determination should not be made on this case until case 17-025 can be satisfactorily resolved. However, if a determination is made to allow the rezoning of lots 2, 3, and 4, block 3, tract A, I respectfully request the borough extend the allowance to my two lots (Lot 1, Block 4 and Lot 4, Block 2). Thank you for considering my comments in the decision before you. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. VOICE VOTE CARRIED UNANIMOUSLY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY VOICE VOTE ON MOTION CARRIED UNANIMOUSLY VOICE VOTE ON MOTION AS AMEND CARRIED UNANIMOUSLY AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY AGENDA ITEM #13.C.1. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY ROLL CALL VOTE ON DIVISION OF MOTION CARRIED UNANIMOUSLY AGENDA ITEM #13.C.1. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED UNANIMOUSLY AGENDA ITEM #13.C.1. To: Kodiak Island Borough Community Development Department 710 Mill Bay Road, Kodiak AK 99615 From: Tammy Helms 3805 E Cottonwood Way, Wasilla AK 99654 907-775-5557 Property owner of: Lot 1, Block 4 and Lot 4, Block 2, Larsen Bay Subdivision Kodiak Island Borough Planning and Zoning Commission: I reviewed case 17-025, requesting a comprehensive plan amendment to change the future land use designation of lots 2, 3, and 4, block 3, tract A, Larsen Bay subdivision from residential to mixed commercial/waterfront/residential (KIBC 17.205) and case 17-026 requesting a rezone of lots 2, 3, and 4, block 3, tract A, Larsen Bay subdivision from R-1-single-family residential district to B-business district (KIBC 17.205). The proposed lots sit between my two lots, block 4 lot 1 and block 2, lot 4, tract A, Larsen Bay subdivision. I have provided my comments on each case below: /ğƭĻ ЊАΏЉЋЎ I believe it is important that the borough supports the recommendation of the City of Larsen Bay regarding the comprehensive plan, as they are the local governing body of the community aside for the planning and zoning powers the borough implements. If the City of Larsen Bay is not in favor of the proposed comprehensive plan amendment, the borough should support and uphold their position on the matter. The city is actively holding community meetings to involve the residents of Larsen Bay, hear their voices on the matter, and update the comprehensive plan to ensure it fits the current and future needs and plans of the community. Land decisions such as these irrevocably change the future character of a community, and the opinion of elected representatives should have weight. If the City of Larsen Bay rules a mixed commercial/waterfront/residential zone is in the best interest of the community, the borough should support that, however the boundaries of the designation should extend beyond lots 2, 3, and 4 of block 3. It seems impractical and one-sided to amend the comprehensive plan and zoning for only three lots. If such a change were to be implemented I would request my two lots (Lot 1, Block 4 and Lot 4, Block 2) be considered for the new zoning. /ğƭĻ ЊАΏЉЋЏ My comments for this case echo in continuation of case 17-025. A determination should not be made on this case until case 17-025 can be satisfactorily resolved. However, if a determination is made to allow the rezoning of lots 2, 3, and 4, block 3, tract A, I respectfully request the borough extend the allowance to my two lots (Lot 1, Block 4 and Lot 4, Block 2). Thank you for considering my comments in the decision before you. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. 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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 Community Development Department Kodiak Island Borough GIS AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. 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. ğƩźğƓĭĻƭ ğƩĻ ƦƩƚǝźķĻķͶ͵͵ ŅƚƩ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƩĻƌğǣźƓŭ ǩƚƓźƓŭ ķźƭƷƩźĭƷ ƩĻƨǒźƩĻƒĻƓƷƭ źƓ ƭƦĻĭźğƌ 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 MoƭĻƭ͸ƭ .Ļğĭŷ Ǟŷźĭŷ źƭ ğ ǞĻƌƌ ǒƭĻķ ĭƚƒƒǒƓźƷǤ AGENDA ITEM #13.C.1. 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͵ LŅ źƷ źƭ ƷŷĻ ŅźƓķźƓŭ ƚŅ ƷŷĻ ĭƚƒƒźƭƭźƚƓͲ ğŅƷĻƩ ĭƚƓƭźķĻƩğƷźƚƓ ƚŅ ƷŷĻ źƓǝĻƭƷźŭğƷƚƩ͸ƭ report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is/was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he knew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing for a business/commercial rezone at a later date? 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to ƷŷĻ ƦǒĬƌźĭ͸ƭ ŷĻğƌƷŷͲ ƭğŅĻƷǤ ƚƩ ŭĻƓĻƩğƌ ǞĻƌŅğƩĻ 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 #13.C.1. 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 #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. 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. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. 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 Community Development Department Kodiak Island Borough GIS AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH STAFF REPORT JULY 5, 2018 ASSEMBLY REGULAR MEETING FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.C.2. 1 2 3 4 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2019-03 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGHREZONING 11 LOTS 2, 3, AND 4,BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROMR1-SINGLE- 12 FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17-026) 13 14 WHEREAS, 15 16 17 18 WHEREAS, 19 20 21 22 WHEREAS, 23 24 25 WHEREAS, 26 27 28 29 30 WHEREAS, 31 32 33 34 WHEREAS, 35 36 37 WHEREAS, 38 39 40 41 WHEREAS, 42 43 44 AGENDA ITEM #13.C.2. 45 WHEREAS, 46 47 48 49 WHEREAS, 50 51 52 53 WHEREAS, 54 55 56 57 WHEREAS, 58 59 60 61 62 WHEREAS, 63 64 65 66 WHEREAS, 67 68 69 70 WHEREAS, 71 72 73 74 WHEREAS, 75 76 77 78 79 80 WHEREAS, 81 82 83 84 NOW, THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 85 BOROUGH THAT: 86 87 Section 1: 88 89 AGENDA ITEM #13.C.2. 90 Section 2: 91 92 93 Section 3: 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Effective Date: 123 124 125 126 127 ADOPTED BY THE ASSEMBLY OF THEKODIAK ISLAND BOROUGH 128 THIS __________ DAY OF _______________,2018. 129 130 131 132 133 134 AGENDA ITEM #13.C.2. 135 136 VOTES: 137 138 AGENDA ITEM #13.C.2. SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-026. STAFF ANALYSIS RECOMMENDATION CURRENTMOTIONON THE FLOOR (Case No. 17-026 Motion No.2) AGENDA ITEM #13.C.2. MOTION TO AMMEND FINDINGS OF FACT (KIBC 17.205.020.A-C) AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. 1 2 3 4 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2018-XX 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 LOTS 2, 3, AND 4, BLOCK 3, TRACT A, LARSEN BAY SUBDIVISION FROMR1-SINGLE- 12 FAMILY RESIDENTIAL DISTRICT TO B-BUSINESS DISTRICT(P&Z CASE NO. 17-026) 13 14 WHEREAS, 15 16 17 18 WHEREAS, 19 20 21 22 WHEREAS, 23 24 25 WHEREAS, 26 27 28 29 30 WHEREAS, 31 32 33 34 WHEREAS, 35 36 37 WHEREAS, 38 39 40 41 WHEREAS, 42 43 44 AGENDA ITEM #13.C.2. 45 WHEREAS, 46 47 48 49 WHEREAS, 50 51 52 53 WHEREAS, 54 55 56 57 WHEREAS, 58 59 60 61 62 WHEREAS, 63 64 65 66 WHEREAS, 67 68 69 70 WHEREAS, 71 72 73 74 WHEREAS, 75 76 77 78 79 80 WHEREAS, 81 82 83 84 NOW, THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 85 BOROUGH THAT: 86 87 Section 1: 88 89 AGENDA ITEM #13.C.2. 90 Section 2: 91 92 93 Section 3: 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Effective Date: 123 124 125 126 127 ADOPTED BY THE ASSEMBLY OF THEKODIAK ISLAND BOROUGH 128 THIS __________ DAY OF _______________, 2018. 129 130 131 132 133 134 AGENDA ITEM #13.C.2. 135 136 VOTES: 137 138 AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Wednesday, May 16,2018. CASE:17-026(Postponed at the June 2017 regular meeting) Written comments mustbereceived by 5pm, Tuesday, May 1,2018to be considered by the commission. Ifyou would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting.The local call-intelephone number is 486- 3231.The toll free telephone number is 1-855-492-9202. YourName:Mailing Address: Yourproperty description: Comments: AGENDA ITEM #13.C.2. Case 17-025 Request a Comprehensive Plan amendment to change Location the Future Land Use Designation of Lots 2, 3, and 4, Northeast portion of the Block 3, Tract A, Larsen Bay Subdivision from City of Larsen Bay Residential to Mixed Commercial/Waterfront/ Applicant Residential (KIBC 17.205). Uyak Bay LLC and Bruce Kososki 2 ! ( 2 ! ( 2 ! ( 5 ! ( 63 !! (( 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 #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. SUPPLEMENTAL STAFF REPORT AND RECOMMENDATION Case No. 17-026. STAFF ANALYSIS RECOMMENDATION CURRENTMOTIONON THE FLOOR (Case No. 17-026 Motion No.2) MOTION TO POSTPONE AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. 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 Community Development Department Kodiak Island Borough GIS AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. 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. ğƩźğƓĭĻƭ ğƩĻ ƦƩƚǝźķĻķͶ͵͵ ŅƚƩ ƷŷĻ ƦǒƩƦƚƭĻ ƚŅ ƩĻƌğǣźƓŭ ǩƚƓźƓŭ ķźƭƷƩźĭƷ ƩĻƨǒźƩĻƒĻƓƷƭ źƓ ƭƦĻĭźğƌ 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 MoƭĻƭ͸ƭ .Ļğĭŷ Ǟŷźĭŷ źƭ ğ ǞĻƌƌ ǒƭĻķ ĭƚƒƒǒƓźƷǤ AGENDA ITEM #13.C.2. 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͵ LŅ źƷ źƭ ƷŷĻ ŅźƓķźƓŭ ƚŅ ƷŷĻ ĭƚƒƒźƭƭźƚƓͲ ğŅƷĻƩ ĭƚƓƭźķĻƩğƷźƚƓ ƚŅ ƷŷĻ źƓǝĻƭƷźŭğƷƚƩ͸ƭ report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Current zoning category and zoning at time of purchase is/was Single Family, Residential and all surrounding properties are single family, residential. Zoning at time of purchase would preclude the owners intent to develop the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The lots in discussion have always been single family residential and were single family residential at the time of their purchase (2007 and 2009). How could a property owner claim unnecessary hardship when he knew the lots zoning category at time of purchase? Was it property owners intent to buy up residential property with the intent of pushing for a business/commercial rezone at a later date? 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to ƷŷĻ ƦǒĬƌźĭ͸ƭ ŷĻğƌƷŷͲ ƭğŅĻƷǤ ƚƩ ŭĻƓĻƩğƌ ǞĻƌŅğƩĻ 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 #13.C.2. 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 #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. 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 Community Development Department Kodiak Island Borough GIS AGENDA ITEM #13.C.2. AGENDA ITEM #13.D.1. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Implementing Electronic Monitoring Aboard Pollock Mid-water Trawl Catcher Vessels in the Bering Sea (BS) and Gulf of Alaska (GOA) AGENDA ITEM #18.B.1. AGENDA ITEM #18.B.1. AGENDA ITEM #18.B.1. AGENDA ITEM #18.B.1. AGENDA ITEM #18.B.1. AGENDA ITEM #18.B.1. AGENDA ITEM #18.B.1. Kodiak Island Borough Assembly Regular Meeting Guidelines July 05, 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. Recommended motion: Move to excuse Assembly member Symmons who is absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. Recommended motion: Move to amend the agenda by adding the following under other items: • Build Grant Letter of Support to the City of Ouzinkie. • Waiving The Confidentiality of the Attorney -Client Privileged Legal Opinion Relating To Ordinance No. 2018-07, Rezone Case in Larsen Bay. ROLL CALL VOTE ON MOTION TO AMEND (It Takes Unanimous Vote To Add Items On The Agenda) VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES — None. 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 July 5, 2018 Page 1 7 0 a AWARDS AND PRESENTATIONS — None. COMMITTEE REPORTS PUBLIC HEARING A. Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year 2018 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. Recommended Motion: Move to adopt Ordinance No. FY2018-01B. 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 MOTION. B. Ordinance FY2019-04 Amending Kodiak Island Borough Code Title 3 Revenue and Finance, Chapter 3.45 Severance Tax Section 3.45.030 Exemptions To Allow Waiver Of Severance Taxes For Non -Profits By Majority Vote Of The Kodiak Island Borough Assembly. Recommended Motion: Move to adopt Ordinance No. FY2019-04. Staff Report — Manager Powers. Recommended Motion: Move to amend Ordinance No. FY2019-04 by substitution. Assembly discussion to focus on the amendments. ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON MAIN MOTION. Kodiak Island Borough Assembly Guidelines July 5, 2018 Page 2 C. Ordinance No. FY2019-05 Writing Off The Property Taxes, Penalties, Interest And Fees Of Those Mobile Homes Which Were Abandoned And/Or Demolished. Recommended Motion: Move to adopt Ordinance No. FY2019-05. 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 MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2019-02 With Discover Kodiak For Destination Marketing And Tourism Development. Recommended Motion: Move to authorize the manager to execute Contract No. FY2019-02 with Discover Kodiak for Destination Marketing and Tourism Development Services in the amount of $75,000. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions — None. Kodiak Island Borough Assembly Guidelines July 5, 2018 Page 3 C. Ordinances for Introduction 1. Ordinance No. FY2019-02 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision From Residential To Mixed Commercial/Waterfront/Residential (P&Z Case No. 17-025). Recommended Motion: Move to advance Ordinance No. FY2019-02 to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Ordinance No. FY2019-03 Rezoning Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision From R1 -Single -Family Residential District To B -Business District (P&Z Case No. 17-026). Recommended Motion: Move to advance Ordinance No. FY2019-03 to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. D. Other Items 1. KIB Letter Of Support For NFWF Electronic Monitoring Grant Application. Recommended Motion: Move to approve a letter of support for the NFWF Electronic Monitoring Grant Application. Clerk's Note: Attached on M paper is a copy of the letter. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 5, 2018 Page 4 If the agenda was amended, process the following: 2. Build Grant Letter of support to the City of Ouzinkie. Recommended motion: Move to approve the Build Grant Letter of Support to the City of Ouzinkie. Clerk's Note: Attached on YELLOW paper is a copy of the letter. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Waiving The Confidentiality of the Attorney -Client Privileged Legal Opinion Relating To Ordinance No. FY2018-07, Rezone Case in Larsen Bay. Recommended motion: Move to waive the confidentiality of the attorney-client privileged legal opinion relating to Ordinance No. FY 2018-07, Rezone Case in Larsen Bay. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof Kodiak Island Borough Assembly Guidelines July 5, 2018 Page 5 15. ASSEMBLY MEMBERS' COMMENTS Announcements The Assembly will hold a Joint Work Session with the Planning and Zoning Commission on Wednesday, July 11, 2018 at 6:30 p.m. in the Borough Assembly Chambers. The next Assembly work session is scheduled on Thursday, July 12, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, July 19, 2018 at 6:30 p.m. in the Borough Assembly Chambers. The Notice of Public Meetings and assembly meeting agendas are available on the KIB website, posted on the KIB Facebook page, and are also posted at the library, Safeway, and Borough building. For those who do not have interenet, you may call the Borough meeting notification line at 486-9315. 16. EXECUTIVE SESSION A. Manager's Contract Negotiations, A Matter Which Might Include A Discussion That Could Potentially Prejudice The Reputation And Character Of The Manager. Recommended motion: Move to convene into executive session to discuss the Manager's Contract negotiations, a matter which might include a discussion that could potentially prejudice of the reputation and character of the Manager. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor, Assembly, and Borough Manager into executive session. VOICE VOTE ON MOTION. After the vote, Mayor Rohrer recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Rohrer reconvenes the regular meeting and announces: • The Assembly discussed the Manager's contract negotiations and • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION. Kodiak Island Borough Assembly Guidelines July 5, 2018 Page 6 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Kodiak Island Borough Assembly Guidelines July 5, 2018 Page 7 July 5, 2018 Kodiak Island Borough Office of the Borough Mayor 710 NEU Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 National Fish and Wildlife Foundation 1133 Fifteenth St., N.W., Suite 1000 Washington, DC 20005 Re: Supporting 2018 grant proposal "Implementing Electronic Monitoring Aboard Pollock Mid -water Trawl Catcher Vessels in the Bering Sea (BS) and Gulf of Alaska (GOA)" To Whom It May Concern The Kodiak Island Borough supports the proposal "Implementing Electronic Monitoring Aboard Pollock Mid -water Trawl Catcher Vessels in the Bering Sea (BS) and Gulf of Alaska (GOA)" and urges NFWF to fund this project. As an island community in the Gulf of Alaska, Kodiak depends on healthy and sustainable commercial fisheries and is a major fishing port in the United States in terms of both volume and value. Kodiak ranked 41h in the nation for volume of seafood landed in 2016, with 417 million pounds delivered across the docks. Approximately 60% of that 417 million pounds came from groundfish trawl fisheries, of which pollock comprises the largest portion. In June 2018, the North Pacific Fishery Management Council reconstituted the Trawl EM Committee and directed efforts on incorporating EM into trawl fisheries with mid -water pollock fisheries as the initial focus. The Borough fully supports exploring how at -sea monitoring of Kodiak's trawl fisheries can be improved via electronic monitoring (EM) technologies by using onboard video cameras to monitor catch and bycatch, potentially in lieu of human observers in the future. Thank you, Dan Rohrer Borough Mayor wor Kodiak Island Borough Office of the Borough Mayor t� 710 MW Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Daniel Rich Mayor of Ouzinkie PO Box 109 Ouzinkie, AK 99644 RE: SUPPORT FOR THE CITY OF OUZINKIE IN RECEIVING THE BUILD GRANT FOR IMPROVING AND EXPANDING OUZINKIE'S DOCK AND ROAD. Dear Mayor Rich, It is our privilege to support the City of Ouzinkie (COO) in receiving the BUILD grant for the improvement and expansion of the dock and road in Ouzinkie. We recognize that COO receiving the BUILD grant will allow the City to improve and expand the dock and the road leading to the dock. These project is necessary to improve transportation services that are vital to Ouzinkie's survival, will bring about economic growth, and increase service and business in the COO and in Kodiak. We understand your community's reliance on its waterways and we are aware that you receive over 90% of all food and cargo by water. 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The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, July 19, 2018, At 6:30 p.m. In The Borough Assembly Chambers. FAILED To Amend The Agenda By Adding “Waiving The Confidentiality Of The Attorney-Client Privileged Legal Opinion Relating To Ordinance No. 2018-07, Rezone Case In Larsen Bay” Under Other Items On The Agenda. AMENDED The Agenda By Adding The “Build Grant Letter Of Support To The City Of Ouzinkie” Under Other Items On The Agenda. ADOPTED Ordinance No. FY2018-01B Amending Ordinance No. FY2018-01, Fiscal Year 2018 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures And Moving Funds Between Projects. AMENDED, ADOPTED Ordinance FY2019-04 Amending Kodiak Island Borough Code Title 3 Revenue and Finance, Chapter 3.45 Severance Tax Section 3.45.030 Exemptions To Allow Waiver Of Severance Taxes For Non-Profits By Majority Vote Of The Kodiak Island Borough Assembly. ADOPTED Ordinance No. FY2019-05 Writing Off The Property Taxes, Penalties, Interest And Fees Of Those Mobile Homes Which Were Abandoned And/Or Demolished. POSTPONED Contract No. FY2019-02 With Discover Kodiak For Destination Marketing And Tourism Development To The Next Regular Meeting After Discover Kodiak Staff Are Able To Discuss The Contract With The Assembly At A Work Session. ADVANCED Ordinance No. FY2019-02 Amending The 2008 Comprehensive Plan By Changing The Future Land Use Designation Of Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision From Residential To Mixed Commercial/Waterfront/Residential (P&Z Case No. 17-025) To The Next Regular Meeting Of The Assembly. ADVANCED Ordinance No. FY2019-03 Rezoning Lots 2-4, Block 3, Tract A, Larsen Bay Subdivision From R1-Single-Family Residential District To B-Business District (P&Z Case No. 17-026) To The Next Regular Meeting Of The Assembly. APPROVED KIB Letter of Support for NFWF Electronic Monitoring Grant Application. APPROVED The Build Grant Letter Of Support To The City Of Ouzinkie. CONVENED Into Executive Session To Discuss Manager’s Contract Negotiations, A Matter Which Might Include A Discussion That Could Potentially Prejudice The Reputation And Character Of The Manager; INVITED The Mayor, Borough Assembly, And Borough Manager Into Executive Session; And ANNOUNCED That No Action Was Taken As Result Of The Executive Session.