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2019-09-19 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, September 19, 2019, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 3 - 8 A. *Regular Meeting Minutes Of September 5, 2019 2019-09-05 RM Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS 8. COMMITTEE REPORTS 9. PUBLIC HEARING 9 - 47 A. Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivision. Title 16 - Pdf Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 1 of 173 10.BOROUGH MANAGER'S REPORT 48 A. Borough Manager Report for September 19, 2019 091919 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 13.B. Resolutions 13.C. Ordinances for Introduction 49 - 58 1. Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation. Ordinance No. FY2020-04 - Pdf 59 - 173 2. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to include the City of Kodiak Near Island Development Plan - Concept A, Minimum Development. Output Document (AS - 1046) - Pdf 13.D. Other Items 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 17.B. Reports Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 2 of 173 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting September 5, 2019 A regular meeting of the Kodiak Island Borough Assembly was held on September 5, 2019, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Rohrer led the Pledge of Allegiance. Present were Mayor Dan Rohrer, Assembly members Scott Arndt,Julie Kavanaugh,Rebecca Skinner, Scott Smiley, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky, and Deputy Clerk Alise Rice. SMILEYmoved to excuse Assembly member Schroeder who wasabsent due to personal leave. ROLL CALLVOTE ON MOTION CARRIED FIVE TO ONE: Kavanaugh, Skinner, Smiley, Symmons, and Turner (AYES); Arndt (No). APPROVAL OF AGENDA AND CONSENT AGENDA SMILEYmoved to approvethe agenda and the consent agenda. VOICE VOTE ONMOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES Regular Meeting Minutes of August 15, 2019 were approved under consent agenda. CITIZENS' COMMENTS The following spoke under citizens’ comments: Sid PruittJr. Joann Shaker AWARDS AND PRESENTATIONS Fire Protection Area No. 1 Six Month Presentation,by Chief Howard S. Rue III, from Bayside Fire Department. COMMITTEE REPORTS Kavanaugh reminded the public of the first meeting of the Consolidation Committeeon th September 9at 6:30 p.m. PUBLIC HEARING 1.Ordinance No. FY2019-20 Amending Chapters 17.160 KIBC (Accessory Buildings and Accessory Dwelling Units), And Related Chapters 17.65 KIBC (RR -Rural Residential District) and 17.70 KIBC(RR1 -Rural Residential One District) To Change Permitted Uses, Conditional Uses and Development Standards Related to Parking and Size Limit. ARNDT movedto adopt Ordinance No. FY2019-20version 2. Kodiak Island BoroughAssembly Regular Meeting Minutes September 5, 2019Page 1of 6 *Regular Meeting Minutes Of September 5, 2019 Page 3 of 173 AGENDA ITEM #5.A. ARNDT moved to amend the motion to add: 11. Variances.Nothing in this section guarantees any property owner the right to create an accessory dwelling unit unless it conforms to all provisions in this section and in the section for the zoning designation of the specified lot.Limitations due to natural features, lot size, lot dimensions, building layout, or other physical or environmental factors shall not be reasons for granting a variance from the standards and provisions of this section and the section for the zoning designation of the specified lot.No variances shall be granted for the creation of an attached or detached accessory dwelling unit. ROLL CALL VOTE ON THE AMENDMENT TO THE MOTION TO ADD 11 VARIANCES CARRIED FIVE TO ONE: Arndt, Kavanaugh, Smiley, Symmons, and Turner(AYES); Skinner (NO). Mayor Rohrer opened the public hearing. The following spoke under citizen’s comments: Leo Kouremetis’s letter was read into record GinnyShank Jeff Stewart Joe Chaulklin Robert Brodie Sid PruittJr. Mike Martin Jr. Sarah Fraser Mayor Rohrer closed the public hearing and reconvened the regular meeting. Clerks Note: Mayor Rohrer clarified for the record thatMr. Arndt did not have a conflict of interest. ARNDTmoved to postponeOrdinance No. FY2019-20 Amending Chapters 17.160 KIBC (Accessory Buildings and Accessory Dwelling Units), And Related Chapters 17.65 KIBC (RR - Rural Residential District) and 17.70 KIBC (RR1 -Rural Residential One District) To Change Permitted Uses, Conditional Uses and Development Standards Related to Parking and Size Limit.to a public hearing on October 3, 2019. ROLL CALL VOTE ON THE MOTION TO POSTPONE TO PUBLIC HEARING ON OCTOBER 3, CARRIED FOUR TO TWO: Skinner, Smiley, Symmons, and Arndt (AYES); Kavanaugh and Turner (NO). 2.Ordinance No. FY2020-03 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Code Title 9 Public Peace, Morals And Welfare, Chapter 9.10 Fireworks Control, Section 9.10.040 Use Prohibited To Prohibit The Discharge Of Fireworks At Mill Bay Beach. SKINNER movedto adopt Ordinance No. FY2020-03Version 1. Mayor Rohrer opened the public hearing. The following spoke under citizen’s comments: Kodiak Island BoroughAssembly Regular Meeting Minutes Page 2of 6 September 5,2019 *Regular Meeting Minutes Of September 5, 2019 Page 4 of 173 AGENDA ITEM #5.A. Mike Nelson Sid Pruitt Jr. Ted Hansen Joann Shaker Terri Pruitt Mayor Rohrer closed the public hearing and reconvened the regular meeting. ththth TURNER moved to amend line 35 by removing “June 15to July 15, and December 26to ststth January 1” and adding“July 1to July 5, between the hours of 9:00 a.m. to midnight, and thst December 26to January 1, between the hours of 9 a.m. to midnight. C. Aerial fireworks are not permitted in residential areas.” ARNDT moved to postpone Ordinance No. FY2020-03 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Code Title 9 Public Peace, Morals And Welfare, Chapter 9.10 Fireworks Control, Section 9.10.040 Use Prohibited To Prohibit The Discharge Of Fireworks At Mill Bay Beachto October 3, 2019 regular meeting of the assembly. ROLL CALL VOTE ON MOTION TO POSTPONE FAILEDTHREE TO THREE:Smiley, Symmons, Arndt (AYES); Turner, Kavanaugh, and Skinner (NOES); Mayor Rohrer broke the tie andvoted in opposition. ROLL CALL VOTE ON MOTION TO AMEND LINE 35 AND ADD LANGUAGE FAILEDTWO TO FOUR:Smiley and Turner (AYES); Skinner , Symmons, Arndtand Kavanaugh,(NOES). ROLL CALL VOTE ON MAIN MOTION TO ADOPTFAILED THREE TO THREE:Symmons, Turner, and Skinner (AYES); Arndt, Kavanaugh, and Smiley (NOES); Mayor Rohrer broke the tie and voted in opposition. Mayor Rohrer convened for a short break at8:49p.m. Mayor Rohrer reconvenedthe meetingat 8:59 p.m. 3.Ordinance No. FY2020-05 Establishing a Research Court Apartments Enterprise Fund (Formerly Known As Kodiak Fisheries Research Center (KFRC) Dorms). ARNDT moved to adopt Ordinance No. FY2020-05. Mayor Rohrer opened the public hearing. Seeing noneand hearing none, Mayor Rohrer closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTIONCARRIED UNANIMOUSLY: Turner, Arndt, Kavanaugh, Skinner, Smiley,and Symmons. BOROUGH MANAGER'S REPORT Asked Community Development Acting Director to report on the Brownsfield Grant. Firewood permits are available through the Managers Office. Kodiak Island BoroughAssembly Regular Meeting Minutes Page 3of 6 September 5,2019 *Regular Meeting Minutes Of September 5, 2019 Page 5 of 173 AGENDA ITEM #5.A. Plans to attendtheAlaska Municipal Leaguemeeting. MESSAGES FROM THE BOROUGH MAYOR Spoke with the Karluk School about their current student attendance. Met with several public members in regard to local easements. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions 1.Resolution No. FY2020-07 Authorizing The Borough To Issue A Refunding Revenue Bond To Refund Certain Principal Installments Of The Outstanding Long-Term Care Center Revenue Bond, Series 2013 (Providence Kodiak Island Medical Center), Of The Borough And To Pay Costs Of Issuing The Bond, Fixing Certain Details Of Such Bond, Authorizing Its Sale, And Providing For Related Matters ARNDT movedto approve ResolutionNo.FY2020-07. ROLL CALL VOTE ON MOTIONCARRIED UNANIMOUSLY:Arndt, Kavanaugh, Skinner, Smiley, Symmons and Turner. 2.Resolution No. FY2020-10 Appointing Members To The Kodiak Fisheries Development Association (Mr. Stosh Anderson) for a term to expire July 31, 2022. ARNDT moved to approve Resolution FY2020-10. Clerks Note: Mayor Rohrer ruled Assembly member Turner had aconflict of interest and was excused from voting. ROLL CALL VOTE ON MOTIONCARRIED FIVETO ZERO:Kavanaugh, Skinner, Smiley, SymmonsandArndt (AYES); Turner(ABSTAINED). Ordinances For Introduction None. Other Items 1.Approval of the October 1, 2019 Regular Municipal Election Workers. ARNDT movedto appoint the election officials in each precinct for the upcoming Municipal Election as listed in the memo submitted by the Borough Clerk. ROLL CALL VOTE ON MOTIONCARRIED UNANIMOUSLY:Skinner, Smiley, Symmons, Turner, Arndt,and Kavanaugh. Kodiak Island BoroughAssembly Regular Meeting Minutes Page 4of 6 September 5,2019 *Regular Meeting Minutes Of September 5, 2019 Page 6 of 173 AGENDA ITEM #5.A. 2.Letter OfSupport For The 2020-2023 Community Transportation Program (CTP) Grant By The Alaska Department of Transportation & Public Facilities (ADOT/PF). KAVANAUGH movedto authorize the Mayor to sign a letter of support for the 2020-2023 Community TransportationProgram (CTP) grant by the Alaska Department of Transportation & Public Facilities (ADOT/PF). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Symmons, Turner, Arndt, Kavanaugh, and Skinner. 3.Moratorium On Destroying Audio Records. ARNDT movedto approve a moratorium on destroying audio records. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY:Symmons, Turner, Arndt, Kavanaugh, Skinner,and Smiley. CITIZENS' COMMENTS The following spoke under citizens’ comments: Chief Howard S. Rue III Jeff Stewart ASSEMBLY MEMBER’S COMMENTS Assembly Member Skinner had none. Assembly Member Smileyhad none. Assembly Member Symmonsthanked the public for their participation. Assembly Member Arndtspoke about the Governor’s current budget. Assembly Member Kavanaugh reminded everyone of the upcoming Consolidation Committee meeting, and shared that the Kodiak Rodeo and State Fair Board will be meeting again in October. Assembly Member Turnergave a fishing update and spoke of his upcoming travel schedule. Announcements The next Assembly work session is scheduled for Thursday, September12, 2019, at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, September 19, 2019, at 6:30 p.m. in the Borough Assembly Chambers. EXECUTIVE SESSION None. ADJOURNMENT ARNDT moved to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The meeting adjourned at9:36p.m. Kodiak Island BoroughAssembly Regular Meeting Minutes Page 5of 6 September 5,2019 *Regular Meeting Minutes Of September 5, 2019 Page 7 of 173 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH ATTEST:Daniel A. Rohrer, Mayor Tara Welinsky, Borough ClerkApproved on: Kodiak Island BoroughAssembly Regular Meeting Minutes Page 6of 6 September 5,2019 *Regular Meeting Minutes Of September 5, 2019 Page 8 of 173 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 19, 2019 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivision. ORIGINATOR: Erin Welty RECOMMENDATION: Move to adopt Ordinance No. FY2020-02. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 9 of 173 AGENDA ITEM #9.A. 1 Introduced by:P&Z 2 Drafted by:CDD Director 3 Introduced on:07/18/2019 4 Public Hearing Date:09/19/2019 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO.FY2020-02 9 10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGH AMENDING 11 VARIOUS CHAPTERS OF TITLE 16 SUBDIVISION 12 13 WHEREAS,AS 29.40.070 provides that the Assembly shall, by ordinance, adopt platting 14 requirements; and 15 16 WHEREAS,AS 29.40.080 provides that the Assembly shall establish a platting authority to 17 administer subdivision regulations; and 18 19 WHEREAS,the Assembly has designated the Planning and Zoning Commission and the 20 Community Development Director the platting authority for preliminary and abbreviated plats, 21 respectively; and 22 23 WHEREAS,Title 16 (Subdivision) of the Kodiak Island Borough Code has was last extensively 24 updated by Ordinance No. 90-15; and 25 26 WHEREAS,the Planning and Zoning Commission and the Community Development 27 Department believe that amendments to Title 16 (Subdivision) will provide for necessary updates, 28 procedural clarity, and expanded development options; and 29 30 WHEREAS, the Planning and Zoning Commissionreviewedamendments to Title 16 31(Subdivision) at work sessions on December 12, 2018, January 9, 2019, February 13, 2019, April 32 10, 2019, and May 8, 2019; and 33 34 WHEREAS,after public hearings on May 15, 2019 and June 19, 2019, the Planning and Zoning 35 Commission voted to transmit the proposed amendments to the Assembly for consideration; and 36 37 WHEREAS, the Assembly reviewed amendments to Title 16 (Subdivision) at work sessions on 38 July 25, 2019, August 8, 2019, and August 29, 2019; and 39 40 WHEREAS,the Assembly held a public hearing on September 5, 2019. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 43 BOROUGH THAT: 44 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 1of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 10 of 173 AGENDA ITEM #9.A. 45 Section 1:This ordinance is of a general and permanent nature and shall become a part of the 46 Kodiak Island Borough Code of Ordinances. 47 48 Section 2:That Kodiak Island Borough Code Chapter 16.10, General Provisions,is amended to 49 read as follows: 50 51 Chapter 16.10 52 GENERAL PROVISIONS 53… 54 55 16.10.030 Scope and jurisdiction. 56 A. This title governs the subdivision of all land within the borough. No subdivision plat requiring 57 borough approval shall be recorded unless approved by the borough or a standard subdivision 58 agreement has been executed with the borough. 59 60 B. These subdivision regulations do not apply to any lot or subdivision legally created and filed 61 for record prior to the effective date of these regulations, nor to subdivisions given preliminary or 62 final approval by the commission under the previously existing title, except in the instance of 63 further subdivision of existing lots or tracts. 64 65 C. The owner or agent of the owner of land located within a subdivision who transfers, offers to 66 sell, sells, or enters into a contract to sell land in a subdivision before a plat of the subdivision has 67 been approved and recorded is guilty of a misdemeanorviolationand upon conviction is 68 punishable by a fine of not more than $300.00 for each lot or parcel transferred, offered for sale, 69 sold, or included in a contract to be sold. The borough may enjoin such a transfer, sale offer, 70 sale, or contract to sell and may recover the penalty by appropriate legal action. 71 72 D. No agency of the state or local government may acquire property through the process of 73 eminent domain which results in a boundary change unless the agency or local government first 74 obtains from the commission preliminary approval of the replat showing clearly the location of the 75 proposed public streets, easements, rights-of-way, and other taking of private property. 76 77 Final approval of the replat shall be obtained within six months of the acquisition. The commission 78 shall treat applications for replat made by state or local governmental agencies in the same 79 manner as replat petitions originated by private land owners. 80 81 E. No person may file a plat or seek to havea plat filed unless it bears the approval of the borough 82 platting authority. A person who knowinglyviolates this requirement is punishable upon 83 conviction by a fine of not more than $300.00. 84 85 F. The borough or any aggrieved person may bring a civil action to enjoin any violation of this title, 86 any transfer or sale of an unlawfully subdivided parcel, the violation of any term or condition of 87 any plat or other entitlement approved under this title, and to obtain damages for any injury the 88 plaintiff sufferedas a result of the violation. An action for injunction under this section may be Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 2of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 11 of 173 AGENDA ITEM #9.A. 89 brought notwithstanding the availability of any other remedy. Upon application for injunctive relief 90 and a finding of an existing or threatened violation, the superior court shall enjoin the violation. 91… 92 93 16.10.050 Waivers. 94 No subdivision shall be approved by the borough except upon the submission of a plat prepared 95 in accordance with Chapters 16.30,16.40and 16.50 KIBC, except that: 96 97 A. Pursuant to AS 29.40.090(b), the community development department director shall waive the 98 preparation, submission for approval, and recording of a plat upon satisfactory evidence that the 99 subdivision meets the following requirements: 100 101 1. The subdivision may divide a single lot into not more than four lots. Each lot created by the 102 subdivision must be five acres or larger in size; 103 104 2. The subdivision must provide legal and physical access to a public highway or street for each 105 lot created. For purposes of this section, practical access to a navigable waterway is equivalent 106 to access to a public highway. A waiver applicant must demonstrate to the community 107 development department director that proposed access can be constructed practically and 108 economically from any navigable waterway to a building site that is consistent with the 109 requirements of KIBC Title 17, Zoning; 110 111 3. The subdivision may not contain or require the dedication of a street, right-of-way, or other 112 area; 113 114 4. The subdivision may not require a vacation of a public dedication of land or a variance from a 115 subdivision regulation; and 116 117 5. A waiver application must include a certificate by the clerk that all taxes assessed and due 118 against the property and in favor of the borough have been paid in full. 119 120 B. Application for a waiver shall contain a sketch depicting the lots to be created, the general 121 location of the lots to be created (vicinity map), adjoining parcels, and proposed access. 122 123 C. Completed applications will be reviewed by the community development department director 124 within five working days. The community development department director shall approve the 125 waiver if it meets the requirements of state law and sign a “certificate of waiver” approving 126 the subdivision. 127 128 D. The land subdivided on a waiver application shall beconsidered to be developed for purposes 129 of property taxation on the date that the waiver application is approved by the community 130 development department director, unless the subdivided property is a remainder parcel. 131 132 E. The following subdivisions of landare exempt from the borough subdivision regulations and 133 the application and review procedures of this section: Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 3of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 12 of 173 AGENDA ITEM #9.A. 134 135 1. Subdivision and conveyance of land which is mandated by federal law (for example, a 136 reconveyance required under Section 14(c) of the Alaska Native Claims Settlement Act); and 137 138 2. Cadastral plats, cadastral control plats, open-to-entry plats, or remote parcel plats created by 139 or on behalf of the state of Alaska regardless of whether these plats include easements or other 140 public dedications. 141 142 F.AnMylar18 inch by 24 inch or 24 inch by 36 inch papercopy of the instrument in lieu of 143 a plat which creates the subdivision,any survey or other boundary and legal description 144 document meeting the requirements for a certificate of waiverprepared for any property 145 waived or exempted under this section shall be provided to the community development 146 department as satisfactory evidence that the subdivision meets the requirements of this 147 section, and may be used for recording the subdivision. 148 149 Section 3:That Kodiak Island Borough Code Chapter 16.20,Definitions, is amended to read as 150 follows: 151 152 Chapter 16.20 153 DEFINITIONS 154… 155 156 16.20.040 C definitions. 157“Certificate of waiver” means a written instrument in lieu of a plat which creates a 158 subdivision. It contains the approval of the community development director as provided 159 for in KIBC 16.10.050(C), the legal description of the parcels created by aliquot parts or an 160 attached certificate of survey, is executed by the owners of the property affected, and 161 certified and recorded by the community development director or designee. 162 163“Commission” means the body designated by the assembly to be the platting authority for the 164 Kodiak Island Borough. 165 166“Community development department director” means the director of the Kodiak Island Borough 167 community development department, or designee. 168 169“Cul-de-sac” means a street having one end open to traffic and being permanently terminated at 170 the other end by a vehicle turnaround. 171… 172 173 16.20.130 L definitions. 174“Lot” means a measured portion of a parcel or tract of land which is described and fixed on a plat 175 or other subdivisionfiled for record or a legally described parcel of land conveyed pursuant to 176 federal law, including conveyances under the Alaska Native Claims Settlement Act. 177 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 4of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 13 of 173 AGENDA ITEM #9.A. 178 A. Corner Lot. A lot located at the intersection of two or more streets where the angle of 179 intersection of the lot lines abutting those streets does not exceed 135 degrees. 180 181 B. Double Frontage Lot. A lot other than a corner lot with frontage on more than one street. 182 183 C. Flag Lot. A lot where access to the public road right-of-way is provided by a narrower 184 extension of the lot encompassing a driveway (commonly referred to as a flag stem). 185 186 CD. Lot Depth. The distance between straight lines connecting the side lot lines, measured 187 between the midpoint of such lines, except that such measurement shall not extend outside the 188 lot lines of the lot being measured. 189 190 1. When calculating flag lot depth, the narrower extension of the lot that provides access 191 to the public road right-of-way (flag stem) shall be excluded. 192 193 DE. Lot Frontage. All property abutting the right-of-way of a dedicated street, private street, or 194 road easement measured along the right-of-way between the side lot lines of a lot. In no case 195 shall the line along an alley be considered as lot frontage. For parcels that are only legally 196 accessible by navigable waterways, the lot frontage shall be all property that abuts said 197 waterway at mean high water (waters subject to tidal action) or ordinary high water (waters 198 not subject to tidal action). 199 200 EF. Lot Line. The fixed boundaries of a lot described by survey located on a plat or other 201 subdivisionfiled for record. 202 203 FG. Lot Line, Front. That boundary of a lot measured along the edge of the right-of-way of a 204 dedicated street, private street or road easement which abuts that line. In the case of a corner lot, 205 either line which meets the above description provided the other is considered to be a side lot 206 line. For parcels that are only legally accessible by navigable waterways, the front lot line 207 shall be that boundary of the lot measured along the edge of said waterway at mean high 208 water (waters subject to tidal action) orordinary high water (waters not subject to tidal 209 action). 210 211 GH. Lot Line, Rear. That boundary of a lot which is most parallel to the front lot line and does not 212 intersect the front lot line. In the case of a triangular lot, a line 20 feet in length withinthe lot parallel 213 to and at the maximum distance from the front lot line. 214 215 HI. Lot Line, Side. That boundary of a lot which is neither a front nor rear lot line. 216 217 IJ. Lot Width. The distance between straight lines connecting front and rear lot lines at each side 218 of the lot, measured between the midpoints of such lot lines except that such measurement shall 219 not extend outside the lot lines of the lot being measured. 220 221 1. When calculating flag lot width, the narrower extension of the lot that provides access 222 to the public road right-of-way (flag stem) shall be excluded. Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 5of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 14 of 173 AGENDA ITEM #9.A. 223… 224 225 16.20.170 P definitions. 226“Parcel” means an unsubdivided plot of landa lot in single ownership or under single control 227 usually considered a unit for the purposes of development. 228 229“Plat” means a map or chart of a surveyed subdivision of land. 230 231 A. Sketch. An informal plan or sketch drawn to scale and in pencil, if desired, showing the existing 232 features of a site and its surroundings and the general layout of a proposed subdivision. 233 234 B. Preliminary Plat. A map showing the salient features of a proposed subdivision of land 235 submitted to the commission for purposes of preliminary consideration and approval. 236 237 C. Final Plat. A map of a subdivision of land made up in final form ready for approval and filing. 238 239“Platting authority” means the planning commission, or in the case of waivers and 240 abbreviated plats, means the community development director. 241 242 Section 4:That Kodiak Island Borough Code Chapter 16.30, Abbreviated Plat, is amended to 243 read as follows: 244 245 Chapter 16.30 246 ABBREVIATED PLAT 247… 248 249 16.30.010 Use of abbreviated plat. 250 The abbreviated plat procedure may be used in those instances where the subdivision is ofa 251 simple nature and meets the specific requirements of this chapter. Preliminary and finalplat 252 approval for abbreviated plats may be granted by the community development department 253 director. 254 255 16.30.020 Eligible preliminary plats. 256 The following subdivisions, except any such subdivision where the Kodiak Island Borough 257 is the applicant,may be submitted for preliminary plat approval by the abbreviated plat 258 procedure: 259 260 A. Plat alterations. Eligible plat alterations requireThemovement, addition, or elimination of 261 lot lines within filed, surveyed subdivisions that do not: result in the creation of more than four 262 lots, parcels, or tracts; create a substandard lot; create non-conforming structures in 263 relation to minimum setbacks, lot coverage or other development requirements; or deny 264 adequate vehicle and utility access to and from any lots or tracts affected by the alteration 265 or adjacent to it. 266 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 6of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 15 of 173 AGENDA ITEM #9.A. 267 B. Abbreviated Plat. Eligible plats meet the criteria in AS 29.40.090(a) which will: 268 Subdivisionsubdivideofa single tract, parcel, or lot into four or fewer lotsonce every two years; 269 provide legal and physical access to a public highway or street for each lot created by the 270 subdivision; not contain or require dedication of a street, right of way, or other area; and 271 not require a vacation of a public dedication of land or a variance from a subdivision 272 regulation. 273 274 C. An aliquot part subdivision of lots 10 acres or greater which meets the requirements of KIBC 275 16.30.050(C) and (D). 276 277 D. The platting of a vacation approved by the commission under KIBC Chapter 16.60; provided, 278 that only the vacation is to be depicted and no other alteration of the plat is sought or required by 279 the borough. 280 281 E. Subdivision of a cemetery. 282 283 F. A subdivision plat created for government agency acquisition of a street right-of-way. 284… 285 286 16.30.040 Action. 287 A. The platting authority for the abbreviated plat procedure is vested in the community 288 development department director. The community development department director shall, within 289 20 working days of acceptance of the plat, approve or deny the plat, or schedule the plat to be 290 heard as a preliminary plat by the commission at the next appropriate monthly meeting. All 291 approvals or denials will be reported to the commission. 292 293 B. Accepted abbreviated plats shall be sent to appropriate review agencies for review and 294 comment. Comments from the review agencies must be in writing and received by the community 295 development department director within 15 working days of acceptance of the plat. Notice of the 296 proposed abbreviated plat shall be provided as required in KIBC 16.10.070 within five 297 working days of acceptance of the plat. 298 299 C. Approval of an abbreviated plat shall be effective for a period of 24 months; provided, however, 300 that the community development department director may grant an extension of time for filing the 301 final plat upon a finding that it is in the public interest to do so. 302 303 D. All decisions of the community development department director as tothe approval or denial 304 of the abbreviated plat shall be final unless appealed to the commission within 10 working days 305 of receipt of notification of action on the plat. Any appeal to the commission shall be conducted 306 as a preliminary plat application. 307 308 E.Final plat requirements shall be as set forth in Chapter 16.50 KIBC. 309 310 16.30.050 Approval criteria. 311 Abbreviated plats shall meet the following minimum requirements: Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 7of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 16 of 173 AGENDA ITEM #9.A. 312 313 A. All lot design criteria of KIBC 16.40.050. 314 315 B. The eligibility requirements of KIBC 16.30.020. 316 317 C. No subdivision shall: 318 319 1. Allow a change in the permitted use to which the lot or tract may be devoted under existing 320 zoning; 321 322 2. Alter or vacate a dedicated street, right-of-way, or other public area, or require additional 323 dedication except as permitted for abbreviated plats under KIBC 16.30.020(D) and (F); 324 325 3. Deny adequate access to and from all lots or tracts created by the subdivision or those adjacent 326 to it; or 327 328 4. Create a residential lot smaller than the minimum size for the zoning district. 329 330 D. Aliquot part subdividers may be required to demonstrate to the community development 331 department director that proposed access can be constructed practically and economically within 332 any proposed access easement. 333 334 Section 5:That Kodiak Island Borough Code Chapter 16.35,Commercial Tracts, is amended to 335 read as follows: 336 337 Chapter 16.35 338 COMMERCIAL TRACTS 339… 340 341 16.35.010 Intent. 342 A commercial tract may be created and divided into fragment lots in order to facilitate financing 343 or construction of commercial developments requiring multiple phases of construction. 344 Designation of commercial tracts shall be allowed only for buildings constructed under the 345 shopping mallprovisions of the Uniform Building Codeadopted building code for commercial 346 structuresin the RB-Retail Business, B-Business, LI-Light Industrial or I Industrial zoning 347 districts. 348… 349 350 16.35.030 Action. 351 A. If the applicationand submittal requirements have been met within five working days after the 352 deadline established for the commission agenda, the community development department 353 director shall accept the commercial tract application for review by the commission at the next 354 regular meeting. 355 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 8of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 17 of 173 AGENDA ITEM #9.A. 356 B. Accepted commercial tract applications shall be sent to official review agencies established 357 designatedby the commission for review and comment. Comments from the review agencies 358 must be submitted in writing and received by the community development department director 359 nine working days prior to the commission meeting at which the commercial tract application will 360 be considered. 361 362 C. The engineering and facilities department director and community development department 363 director shall make recommendations and comments in writing to the commission no later than 364 six working days prior to the commission meeting at which the commercial tract application will 365 be considered. 366 367 D. The commission shall approve or disapprove a commercial tract application 60 days after it is 368 filed or shall return it to the applicant for modification or correction, unless the applicant for 369 commercial tract approval consents to an extension of time. The commission shall adopt specific 370 findings of factand reasons for its action on the commercial tract application. The applicant shall 371 be notified in writing of the action and findings of the commission within five working days. 372 373 E. The approval of a commercial tract application shall be effective for a period of 24 months from 374 the date of approval, notwithstanding the provisions of any subsequent change in this title and 375 KIBC Title 17, Zoning. After this time the commercial tract approval shall become null and void 376 unless an extension of time is granted, at the request of the applicant, by the commission prior to 377 the expiration of the approval. A time extension will not be granted if a reevaluation of the 378 approved commercial tract site plan indicates that conditions have changed substantially since 379 the time when the commercial tract site plan was originally approved. 380 381 F. All decisions as to the approval or denial of the commercial tract application by the commission 382 shall be final unless a request for reconsideration or an appeal is brought pursuant to Chapter 383 16.90 KIBC. 384 385 G. The requirements for completion and recording of the final commercial tract site plan are the 386 same as the final plat requirements set forth in Chapter 16.50 KIBC. 387 388 Section 6:That Kodiak Island Borough Code Chapter 16.40,Preliminary Plat, is amended to 389 read as follows: 390 391 Chapter 16.40 392 PRELIMINARY PLAT 393… 394 395 16.40.040 Data required. 396 The preliminary plat shall include the following information: 397 398 A. Date, scale, and north arrow; 399 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 9of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 18 of 173 AGENDA ITEM #9.A. 400 B. The approximate acreage or square footage and dimensions of each lot of the proposed 401 subdivision and the number of lots contained therein. Calculations of lot areas to meet zoning 402 district area regulations shall not include any land subject to tidal action below the mean high tide 403 line; 404 405 C. Name of the proposed subdivision; 406 407 D. Names and addresses of subdivider(s) and the preparer of the plat; 408 409 E. Location map of the subdivision, giving the number of the section, township, range, and U.S. 410 survey, if applicable, to which reference may be made; 411 412 F. A property map of the proposed plat areas, including: 413 414 1. The location of all property lines; 415 416 2. A topographic survey with contours at suitable intervals (generally five feet), unless the plat is 417 a reversion to acreage, is a minor change to existing lot lines,or vacates existing lot lines, rights- 418 of-way, or easements. Topographical surveys must be done on an accepted, established vertical 419 datum. Government-prepared topographic data is acceptable to meet this requirement, if no 420 changes to site topography have taken place since the date of the topographic survey; 421 422 3. The general location of streams, lakes, swamps, and drainage courses, including the location 423 of floodplain areas; 424 425 4. Dedicated rights-of-way, patent reserves, road easements and reservation, and other 426 constructed roadways located within and abutting the area to be platted, including right-of-way 427 widths; 428 429 5. Section lines, if surveyed. Protracted section lines may be shown with a dashed line outside of 430 U.S. surveys or other surveys that were established before the section lines were surveyed. 431 Protracted section lines are not to be shown within U.S. surveys; 432 433 6. Adjacent unsurveyedproperty lines shall be shown with a dashed line to show their general 434 relation to the proposed plat. Adjacent surveyed property lines shall be shown with a solid 435 line of lighter weight than those lines that identify the boundaries of the platted area; and 436 437 7. The location of known existing facilities and structures within the proposed subdivision, such 438 as buildings, sewage system, utility easements of record or in use, excavations, bridges, culverts, 439 water systems, and wells; 440 441 G. Streets, street names, public and private rights-of-way and roadway widths, and other right-of- 442 way easements within the plat showing location, width, and purpose; 443 444 H. Mean high water line on all lands affected by tidal action; Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 10of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 19 of 173 AGENDA ITEM #9.A. 445 446 I. Lot lines and lot designations by lot andblock numbers; 447 448 J. Designation of any lots proposed for zero-lot-line development; 449 450 K. Designation of proposed parks, playgrounds, schools, and other public uses; 451 452 L. The copy of the plat of record or the district recorder’s plat number, if available; and 453 454 M. A soils report, prepared by a professional engineer, geologist or other person with 455 demonstrated training in soils mechanics may be required when deemed necessary by the 456 commission. Said report will be required only when indicated on the basis of observable 457 conditions of the land related to proposed development density or use, topography, soil 458 conditions, drainage or other similar site conditions.Said report should describe the soil 459 conditions using the Unified Soil Classification System and identify foundation and grading 460 problems associated with the soil, such as ground water and bedrock depth. The report should 461 provide soils engineering guidelines for development including recommendations for subsurface 462 drainage and excavation of unsuitable materials, if appropriate. 463 464 N. For subdivisions not served by public wastewater disposal and water supply systems, 465 a report, prepared by an Alaska licensed professional engineer or certified wastewater 466 treatment and disposal system installer, may be required when deemed necessary by the 467 Community Development Director (for abbreviated plats) or Commission (for preliminary 468 plats). Said report will be required only when indicated on the basis of observable 469 conditions of the land related to proposed development density or use, topography, soil 470 conditions, drainage or other similar site conditions. Said report must state that each lot 471 within the subdivision is capable of accommodating the installation of an Alaska 472 Department of Environmental Conservation approved onsite wastewater disposal system 473 and water well. 474 475 16.40.050 Lot design and improvements –Required procedure. 476 A. The size and shape of lots shall be such as to provide usable building sites appropriate for the 477 locality in which the subdivision is located. The following items, among others, may be taken into 478 consideration by the commission in determining the appropriateness of the subdivision for the 479 locality in which the subdivision is located: 480 481 1. Adequacy of access for additional traffic volume; 482 483 2. Adequacy of access from a safety standpoint (e.g., road grades, line of sight considerations); 484 485 3. Potential drainage problems; 486 487 4. Neighborhood character (e.g., existing development characteristics, including the size and 488 shape of existing lots, the extent of existing development, and the topography in the 489 neighborhood); and. Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 11of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 20 of 173 AGENDA ITEM #9.A. 490 491 5. The commission shall also take into consideration the adopted policies of the Kodiak Island 492 Borough coastal management program that relate to the proposed subdivision andbased on 493 these policies may require conditions of approval, where feasible and prudent, to implement the 494 policies of the Kodiak Island Borough coastal management program. 495 496 B. Lots shall also meet, at a minimum, all of the following criteria: 497 498 1. Minimum lot sizes and widths shall conform to the requirements of the borough zoning 499 ordinance unless a variance from the zoning requirements is granted by the commission; 500 501 2. Double frontage lots shall not access onto designated collector or arterial streets and will 502 generally only be allowed where topography allows no reasonable alternative; 503 504 3. Two types of fFlag lots are allowed, as follows: 505 506 a. Type I flag lot:A single stem flag lot shall have a stem width of no less than 30 feet. Any 507 single stem flag lot with a stem width of less than 40 feet shall have a note on the final plat 508 that specifically prohibits future subdivision of the lot. 509 510 i. A single-stem Type I flag lot shall have a note on the final plat which prohibits future subdivision 511 of the lot and shall have a staff with a minimum width of 30 feet; or 512 513 ii. Two Type I flag lots with adjacent stems shall have a note on the final plat which prohibits future 514 subdivision of the lots and each flag stem shall have a staff with a minimum width of 20 feet. 515 516 b. Type II flag lot:A single stem flag lot with a minimum stem width of 40 feet may be further 517 subdivided into two flag lots with adjacent stems of no less than 20 feet each; and 518 519 i. A single-stem Type II flag lot may be further subdivided if the staff is a minimum of 60 feet wide; 520 or 521 522 ii. Two Type II flag lots with adjacent stems may be further subdivided if the staffs of each stem 523 are a minimum of 30 feet wide; 524 525 c. No more than two flag lots with adjacent stems are permitted. More than one pairof 526 such lots are allowed in a subdivision provided they are configured in a manner that does 527 not result in more than two adjacent stems. Any final plat that creates two flag lots with 528 adjacent stems shall have a note that specifically prohibits future subdivision of the 529 subject lots, regardless of stem width. 530 531 4. The driveway access standards of Chapter 15.35 KIBC; 532 533 5. The fire apparatus access road requirements of the adopted fire code per Chapter 15.30 534 KIBC; Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 12of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 21 of 173 AGENDA ITEM #9.A. 535 536 6. The utility installation requirements of KIBC Title 13, Utilities; 537 538 7. No individual electric service line may cross private property other than the lot which 539 the utility connection services unless such a crossing is located within a recorded 540 easement; 541 542 78. Lots platted with a common wall or zero lot line intent shall be designated as such on the final 543 plat; and 544 545 89. All lots should have frontage on a dedicated public right-of-wayor navigable waterway. 546 Generally, access easements may be allowed only when the property proposed for subdivision is 547 accessed by an easement or has no dedicated public access. Lots greater than 10 acres and 548 described as an aliquot part may be provided access through an easement which has been 549 approved as to form by the attorneyand as toadequacy by the community development 550 director (for abbreviated plats) or by thecommission (for preliminary plats). 551 552 C. Subdivisions are also required to meet the improvement standards contained in Chapters 553 16.70 and 16.80 KIBC. 554 555 16.40.060 Procedure. 556 A. The community development department director shall review the preliminary subdivision plat 557 for completeness within five working days of receipt. If the plat does not meet the requirements 558 of KIBC 16.40.020 through 16.40.050, the community development department director shall 559 notify the subdivider and surveyor in writing stating the additional information required. 560 561 B. If the application and submittal requirements have been met within five working days after the 562 deadline established for the commission agenda, the communitydevelopment department 563 director shall accept the preliminary plat for review by the commission at the next regular meeting. 564 565 B. If the community development director accepts the application and submittals as 566 complete and the application meetings the requirements of the code, the application shall 567 be placed on the next regular planning and zoning commission meeting agenda for which 568 the packet deadline has not yet passed. 569 570 C. An accepted preliminary plat shall be sent to official review agencies established by the 571 commission for review and comment. In order to be considered in the engineering and 572 facilities department director and community development director’s review and 573 recommendations on the application under subsection D of this section,Ccomment from 574 the review agencies must be submitted in writing to the community development department 575 director nine working days prior to the commission meeting at which the plat will be considered. 576 577 D. The engineering and facilities department director and community development department 578 director shall make recommendations and comments in writing to the commission no later than 579 six working days prior to the commission meeting at which the plat will be considered. Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 13of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 22 of 173 AGENDA ITEM #9.A. 580 581 E. The commission shall approve or disapprove a plat 60 days after it is filed or shall return it to 582 the applicant for modification or correction, unless the applicant for plat approval consents to an 583 extension of time. The commission shall adopt specific findings of fact and reasons for its action 584 on theplat. The subdivider shall be notified in writing of the action and findings of the commission 585 within five working days. 586 587 F. The approval of the preliminary plat shall be effective for 24 months from the date of approval, 588 notwithstanding the provisions ofany subsequent change in the subdivision ordinance, zoning 589 ordinance, or zoning districts. 590 591 After this time, the preliminary plat shall become null and void unless an extension of time is 592 granted, at the request of the subdivider, by the commission prior to the expiration of the 593 preliminary plat. A time extension will only be granted if a reevaluation of the preliminary plat 594 indicates that conditions are substantially the same as when the preliminary plat was originally 595 approved. 596 597 A preliminary plat may include two or more phases; provided, that each phase shall be developed 598 successively and each phase shall be subject to the then-current improvement standards of this 599 title. The commission may require a final plat to be brought before the commission for final review 600 and/or approval as a condition of preliminary approval. 601 602 G. All decisions as to approval or disapproval of a preliminary plat by the commission shall be 603 final unless a request for reconsideration or an appeal is brought pursuant to Chapter 16.90 KIBC. 604 605 H. The community development department will grant an automatic extension of the preliminary 606 plat approval if the subdivision has been denied access to a public sewer and water system, when 607 access is required as a condition of plat approval. An applicant for an automatic extension must 608 provide documentation of the denial of access to the community development department. An 609 automatic extension is valid until one year after access to the system is permitted. (This 610 subsection is effective from April, 1991.) 611 612 16.40.070 Dedications. 613 The commission may require, by majority vote,dedication of land for rights-of-way and sewer, 614 water, utility and access easements within the subdivision as a condition of approval. Any 615 dedicated land or easements must be depicted on the final plat. No land within a subdivision may 616 be reserved as a common use area to the owners of parcels within the subdivision unless the 617 subdivider provides a covenant approved by the commission and the attorney which provides for 618 the payment ofreal property taxes on the parcel to be reserved (e.g., the covenant could provide 619 that adjacent property owners would be assessed a prorated amount of the real property taxes 620 on the parcel to be reserved). 621 622 Section 7:That Kodiak Island Borough Code Chapter 16.50, FinalPlat, is amended to read as 623 follows: 624 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 14of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 23 of 173 AGENDA ITEM #9.A. 625 Chapter 16.50 626 FINAL PLAT 627… 628 629 16.50.010 Final plat procedure. 630 A. The final plat shall comply with the requirements of this chapter and shall be submitted to the 631 community development department director within 24 months of preliminary plat approval. 632 633 B. The final plat shall be approved by the community development department director when the 634 final plat meets the conditions of preliminary approval, the requirements of this chapter and 635 Chapters 16.70 and 16.80 KIBC as required, except that the commission reserves the right to 636 require final review by the commission at its discretion. The final plat may be approved prior to 637 the completion of the improvements required in Chapters 16.70 and 16.80 KIBC upon execution 638 of a standardsubdivision agreement between the subdivider and the boroughunder Section 639 16.50.015. The community development department director shall report approvals at the next 640 regular commission meeting. 641 642 1. The community development department director shall approve or deny the final plat within 20 643 working days after acceptance and shall notify the subdivider by letter of the action with an official 644 statement of findings and reasons for the action. Final plats submitted by native corporations 645 subject to PL 100-241 shall be approved or denied within 45 working days after acceptance due 646 to the federal requirement that tax information be provided to the corporation 30 days prior to 647 approval of the final plat. 648 649 2. A final plat differing substantially from the approved preliminary plat shall require submittal to 650 the commission for public hearing and approval. The community development department director 651 shall make comments and recommendations in writing and shall submit them to the commission 652 at least six working days prior to the commission meeting to consider the final plat. 653 654 3. If action is not taken on the plat within 20 working days from the date of acceptance, the plat 655 shall be deemed to have been approved and the statement of plat approval designated in KIBC 656 16.50.050(D) shall be issued on demand; however, the applicant for plat approval may consent 657 to the extension of such period. 658 659 4. Upon approval of a final plat and signing by the manager and the clerk as provided in KIBC 660 16.50.050, the original shall be filed with the district recorder within two working days by the clerk. 661 662 C. The final plat shall constitute only that portion of the approved preliminary plat which is 663 proposed to be recorded and developed at the time. 664 665 D. Approval of the final plat shall be dependent upon receipt of the following:a certificate to plat 666 issued by a licensed title insurance company prepared within six months of the date the 667 final plat is submitted, showing the legal and equitable owners (including mortgagees, 668 deed of trust beneficiaries, contract purchasers and fee owners) of the land to be platted, Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 15of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 24 of 173 AGENDA ITEM #9.A. 669 plus all grants, reservations, covenants, deed restrictions, and easements of record which 670 may condition the use of the property. 671 672 1. A statement from the State of Alaska Department of Environmental Conservation that the 673 subdivision has received approval for wastewater disposal. This approval shall not affect any 674 subsequent additional requirements relating to sewage disposal and water supply, as they apply 675 to any lots within the subdivision. Wastewater disposal systems and water wells shall be located 676 on the lot which they are intended to serve unless adequate community systems can be provided; 677 and 678 679 2. A certificate to plat issued by a licensed title insurance company, showing the legal and 680 equitable owners (including mortgagees, deed of trust beneficiaries, contract purchasers and fee 681 owners) of the land to be platted, plus all grants, reservations, covenants, deed restrictions, and 682 easements of record which may condition the use of the property prepared within six months of 683 the date the final plat is submitted. \[Ord. 2001-02 §2, 2001; Ord. 90-15 §2, 1990\]. 684 685 16.50.015 Subdivision agreements for required improvements. 686 687 A. Completion of Improvements. Before a final plat of subdivision may be approved, all 688 subdividers shall complete, in accordance with the preliminary plat and KIBC Chapters 689 15.70 and 15.80, all street, sanitary, and other improvements required as a condition of the 690 approval, or conditional approval, of the preliminary plat, or otherwise required by this title 691 or law, and to dedicate the same free and clear of any and all liens and encumbrances on 692 the property and public improvements so dedicated. 693 694 B. Agreement to Improve. The planning commission, in its sole discretion, may waive the 695 requirement that the subdivider complete and dedicate all improvements prior to the 696 approval of the final subdivision plat provided the subdivider enters into one of the 697 agreements to improve provided in subsection (B)(1) or (B)(2) of this section and deposits 698 the improvement security provided in subsection (F) of this section: 699 700 1. A written agreement with the borough to thereafter construct and to install all such 701 improvements at the subdivider’s expense. Such agreement shall include, but not be 702 limited to, the following provisions: 703 704 a. Designation of the required public improvements to be constructed; 705 706 b. Any performance or other schedule of completion required by the planning commission; 707 708 c. A provision providing the borough with an adequate guarantee for the completion of 709 required public improvements and for warranties of all improvements for a period of one 710 year from date of approval; 711 712 d. A warranty that the subdivider has title to the subdivision property and the authority to 713 execute the subdivision agreement. Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 16of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 25 of 173 AGENDA ITEM #9.A. 714 715 2. A written agreement with the borough to thereafter initiate and consummate local 716 improvement district proceedings for the financing and completion of all such 717 improvements, and if not completed under such local improvement district proceedings, 718 to complete such improvements at the subdivider’s expense not later than the date 719 required for improvements to be installed as provided in this title. 720 721 3. To assure the installation of required public improvements which are not completed and 722 approved at the time the final plat is approved and recorded, the planning commission 723 serving as the platting authority, and the agreement to improve, shall require the 724 subdivider to guarantee the completion of all such improvements by one or more of the 725 methods specified in subsection (F) of this section. The means of guarantee may be 726 changed during the guarantee period through a written modification of the agreement to 727 substitute another approved form of improvement security upon the mutual agreement of 728 the borough and the subdivider. The amount of guarantee shall be determined on the basis 729 of the subdivider’s cost estimate as approved by the engineering and facilities department 730 director for subdivisions located outside cities and by the municipal clerk or municipal 731 engineer for subdivisions located within a city. The guarantee shall remain in effect until 732 final approval of the improvements and the posting of an acceptable security for the 733 warranty period. 734 735 4. Cost Estimates. The subdivider’s cost estimate provided for in subsection (E) of this 736 section shall state the estimated cost of completion for each required public improvement. 737 Cost estimates for each required improvement must be approved by the engineering and 738 facilities department director for subdivisions located outside cities and by the municipal 739 clerk or municipal engineer for subdivisions located within a city. For the purposes of 740 establishing the amount necessary for the guarantee of completion of public 741 improvements, a percentage for overrun allowance, including inflation, shall be added to 742 the total estimated cost of public improvements as follows: 743 Total Estimated Cost of Percentage for Overrun Allowance Improvements $0–$500,00020% $500,000 –$1,000,00015% $1,000,000 and over10% 744 745 C.Improvement Plans. In the event the subdividerenters into an agreement to construct 746 and install improvements pursuant to this section, the subdivider shall prepare and 747 deposit with the clerk of the borough detailed plans and specifications of the 748 improvements to be constructed and such plans and specifications shall be made a part 749 of any such agreement and of the improvement security. The subdivider shall be Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 17of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 26 of 173 AGENDA ITEM #9.A. 750 responsible for the costs of completion of the required improvements, regardless of 751 whether the security posted under the subdivision agreement is adequate to cover those 752 costs. 753 754 D.Completion Date. The improvements required under the terms of the subdivision 755 agreement shall be fully completed for final approval within two years of the date of 756 approval of the final plat by the planning commission serving as the platting authority 757 unless upon a showing of good cause the date of completion is extended by the planning 758 commission serving as the platting authority for an additional period not to exceed one 759 year. 760 761 E.Cost of Required Public Improvements. The cost of any improvements shall be defined 762 to include the cost of design, engineering, contract administration, inspection, testing and 763 surveillance as well as all work, labor and materials furnished for the construction of the 764 improvements. 765 766 The agreement to improve shall provide for payment of the cost of required improvements 767 as provided below: 768 769 1.Administrative and Recording Costs Relating to Public Improvement Guarantees. The 770 subdividershall pay 100 percent of all costs incurred in supplying and administering any 771 method of public improvement security and guarantee. 772 2.Inspection, Surveillance and Testing. The subdivider shall pay 100 percent of all costs 773 relating to any inspection, surveillance and testing by the borough or city, as applicable, 774 necessary for final approval of any required public improvement or during the warranty 775 period. Surveillance shall be performed by the borough or a city during the course of 776 construction and up to the point of final approval of the completed project. Inspection shall 777 be performed by the borough or city during the warranty period. 778 779 F.Improvement Security. The agreement to improve shall include and be secured by one 780 or more of the following methods to guarantee the construction and installation of required 781 public improvements, which security will remain in place until improvements are approved 782 and accepted: 783 784 1.Performance and Payment Bonds. The subdivider may elect to provide a performance 785 and payment bond, or bonds, from a surety company authorized to do such business in 786 the state of Alaska guaranteeing the construction, installation and payment for all required 787 improvements, including monuments, and for all labor and materials for the construction 788 and installation thereof. The bond or bonds shall be in an amount equal to the estimated 789 cost of all required public improvements plus an overrun allowance as provided in 790 subsection (b) of this section. The performance bond shall be payable to the municipality 791 in the event that any required public improvements are not finally approved in accordance 792 with the provisions of this title. The payment bond shall inure to the benefit of all persons 793 who provide labor or materials for the construction or installationof the public 794 improvements. Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 18of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 27 of 173 AGENDA ITEM #9.A. 795 796 2.Letter of Credit. The subdivider may elect to provide from a bank or other responsible 797 financial institution authorized to do such business in the state an irrevocable letter of 798 credit. Such letter shall be filed with the borough and shall certify the following: 799 800 a.That the creditor irrevocably guarantees funds in an amount equal to the estimated cost 801 of all required public improvements plus overrun allowances as provided in subsection 802(B)(4) above, for the completion of all such improvements; and 803 804 b. That in the case of failure on the part of the subdivider to complete any specified 805 improvements within the required time period the creditor shall pay to the municipality 806 immediately and without further action such funds as are necessary to finance the 807 completion of those improvements up to the limit of credit stated in the letter. 808 809 3.Cash or Cashier’s Check. The subdivider may elect to deposit with the borough clerk 810 money, or cashier’s check payable to the borough equal tothe amounts referred to in 811 subsection (F)(1) of this section. 812 813 4.Certificate of Deposit. The subdividermay elect to provide a certificate of deposit from 814 a bank or other responsible financial institution authorized to do such business in Alaska, 815 and acceptable to the borough finance director, in the amount referred to in subsection 816(F)(1) of this section. Such certificate of deposit shall be filed with the borough with the 817 following provision: 818 819 a.That in the case of failure on the part of the subdivider to complete or pay for any 820 specified improvements within the required time period, the certificate of deposit will be 821 cashed on the bank or financial institution from which it was issued to pay to the borough 822 immediately and without further action such funds as are necessary to finance the 823 completion of those improvements. 824 825 b.The agreement to construct and install improvements, and the improvement security 826 referred to in this chapter, shall comply with all statutory requirements and shall be 827 satisfactory to the borough attorney as to form, sufficiency, and manner of execution. 828 829 c.The borough shall be under no obligation to deposit any improvement security into an 830 interest bearing account; however, in the event of such deposit, any interest accrued 831 thereon shall be added to such security and may be used as additional security, and shall 832 be returned to the subdivider in the same manner as the security. 833 834 G.Release of Guarantee. The borough shall release the obligation for performance 835 guarantees only upon the acceptance of improvements under KIBC 16.70.030 of all the 836 improvements covered by the agreement to improve and improvement security together 837 with the posting of adequate security for warranty. 838 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 19of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 28 of 173 AGENDA ITEM #9.A. 839 H.Effect of Final Approval by the Borough. Final approval by the borough of the 840 construction and installation of required public improvements shall not obligate the 841 borough thereafter to inspect, maintain or repair, or constitute an agreement or 842 assumption by the borough of any duty or responsibility to thereafter inspect, maintain or 843 repair any such improvements. 844 845 I.Warranty. 846 847 1.Required. The subdivider shall warrant and guarantee for a period of one year after final 848 approval that the required improvements constructed under the agreement will remain in 849 good condition and will meet operating specifications for the warranty period. Such 850 warranty includes defects in design, workmanship, materials and any damage to 851 improvements caused by the subdivider, his agents or others engaged in work to be 852 performed under the agreement to improve. 853 854 2.Term –Security. To secure the warranty, the guarantee of performance shall remain in 855 effect until the end of the warranty period, provided that the warranty period shall not 856 expire without a determination by the engineering and facilities department director for 857 subdivisions located outside cities, and by the municipal clerk or municipal engineer for 858 subdivisions located within a city, that the warranty period has been successfully 859 completed without uncorrected defects. 860 861 3. Form –Security. The subdivider furnishes the borough with a corporate surety bond, 862 cash deposit or irrevocable letter of credit in an amount equal to the percentage of the total 863 construction costs as set forth below. This security shall guarantee the payment of any 864 reconstruction or repair costs which may be undertaken due to failures occurring during 865 the warranty period. Responsibility for identifying the necessity of repairs or 866 reconstruction of the improvements shall rest with the engineering and facilities 867 department director for subdivisions located outside cities and by the municipal clerk or 868 municipal engineer for subdivisions located within a city. 869 Percent to Secure Total Construction Cost Warranty $0–$500,00010% $500,000 –$1,000,0007.5% $1,000,000 and higher5% 870 871 4.Correction of Deficiencies. Within 30 days (or a reasonable extension at the sole 872 discretion of the engineering and facilities department director for subdivisions located 873 outside cities and by the municipal clerk or municipal engineer for subdivisions located 874 within a city) of notification by the borough of the need for repair or reconstruction, the Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 20of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 29 of 173 AGENDA ITEM #9.A. 875 subdivider shall correct the deficiencies, satisfactory to the borough. Such notification 876 shall be made by certified mail. If the subdivider fails to repair orreconstruct the deficiency 877 within the time specified above, the borough will make the repairs at the subdivider’s and 878 surety’s sole expense. The borough may declare the bond, deposit or other security 879 forfeited and use such security to make repairs or mayproceed to make the repairs and 880 then bill the subdivider and surety for the cost thereof and bring suit and recover the same 881 from the subdivider and the surety, jointly and severally, and the security; provided, 882 however, the borough shall not be required to proceed first against the subdivider and may 883 proceed directly against any surety or guarantor of the subdivider or bank or other person 884 issuing any letter of credit, or holder of any security. 885 886 J. Exemption from Claims. Any money, instrument or letter of credit or other improvement 887 security deposited or held as provided in this title shall not be subject to levy or attachment 888 by any creditors of the depositor until the obligation secured thereby is performed to the 889 satisfaction of the borough. 890 891 K. Default. In the event that the subdivider defaults on any obligation to construct and pay 892 for all required public improvements or the obligation to warrant and repair such 893 improvements, the borough shall demand immediate payment on the performance or 894 warranty guarantee. In the case of a performance bond, deposits in escrow, or letter of 895 credit, the borough shall demand immediate payment of all or any portion of all sums 896 obligated for the performance or warranty of any improvement. All funds received by the 897 borough shall be used for any construction, repair or reconstruction necessary to ensure: 898 899 1. That all required improvements are built to specifications as necessary to receive final 900 approval; and 901 902 2. The improvements remain in good condition for the completion of the warranty period. 903 904 L. Enforcement. All provisions of this chapter are mandatory and may not be altered by 905 the subdivision improvement agreement. The obligations contained in this chapter shall 906 be enforceable by methods of enforcement of ordinance as well as contract. 907 908 16.50.020 Requirements of final plat. 909 A. The final plat shall be submitted on a good quality, reproducible three millimeter polyester film 910(equal to DuPont Mylar) or similar material complying with 11 AAC 06.040(a)(10). All lines, 911 letters, figures, certifications, and acknowledgments, shall bemade in the appropriate black 912 ink and be accomplished with mechanical lettering equipment.andAll signatures shall be 913 made in black or bluewaterproof ink. The plat shall be so made and shall be in such condition 914 when filed that legible prints and negatives can be made therefrom. 915 916 B. Two blueline orblackline copies and the polyester film original of the final plat shall be 917 submitted. 918 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 21of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 30 of 173 AGENDA ITEM #9.A. 919 C. The plat shall be of suitable scale, one inch equals 20 feet to one inch equals 100 feet to fit the 920 sheets used; provided, however, that the community development department director may 921 authorize a scale of one inch equals 200 feet or other suitable scale to accommodate large 922 acreage parcels. 923 924 D. The plat or plats shall be drawn on one of the following size sheets: 925 926 1. Eighteen inches by 24 inches; or 927 928 2. Twenty-four inches by 36 inches. 929 930 If more than one sheet is required to cover the plat, each shall be of the same size and an index 931 sheet shall be provided showing the relationship of all sheets. 932 933 E. The plat shall be anaccurate drawing based upon as detailed a survey as is necessary in order 934 to orient the plat properly. The plat shall show the following: 935 936 1. The boundaries of the plat showing clearly what stakes, monuments, or other evidence were 937 found on the ground to determine the boundaries of the tract. If existing, the corner of adjoining 938 subdivisions or portions thereof shall be identified and ties shown; 939 940 2. Bearings and distances to the nearest established street lines, section lines or official 941 monuments which are necessary in accurately describing the location of the plat. All monuments 942 found shall be indicated and proper references made to available field books or maps, either 943 private or of public record, which relate to monuments. If the points were reset by ties, that fact 944 shall be stated; 945 946 3. The centerlines of all streets; lengths, tangents, radii, and central angles of all curves; the total 947 width of each street; the width of the portion being dedicated; and the width of the existing 948 dedications; the width of portions of streets each side of the centerline; also, patent reserves and 949 any other easements appearing on the plat. All lot lines shouldbe radial to a curve and if not shall 950 be designated “Not Radial.” Dimensions shall be in feet and hundredths of a foot; 951 952 4. The widths, bearings, and other necessary data to delineate all easements to which the lots 953 are subject. If the easement is not located on record, a statement referring to the easement shall 954 appear on the title sheet. Easements for storm drains, sewers, and other purposes shall be 955 denoted by broken lines. If an easement is not parallel to and adjacent to the lot lines, distances 956 and bearings on the sidelines of the lots which are cut by the easement shall be shown to indicate 957 clearly the actual length of the lot line from the lot corners to the easement. Easements being 958 dedicated shall be so indicated in the certificate of dedication; 959 960 5. All lot and block numbers. Sufficient data shall be shown to determine readily the bearing and 961 length of each line. No ditto marks shall be used; 962 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 22of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 31 of 173 AGENDA ITEM #9.A. 963 6. The names of adjacent subdivisions and the lot numbers of adjacent lots. If the adjacent land 964 is not subdivided, it should be so indicated; 965 966 7. The exact boundaries of all areas to be dedicated or reserved for public use or for the common 967 use of property owners. The purpose of the dedication or reservation shall be set forth on the plat; 968 969 8. The area of the entire subdivision and the area of each individual lot to the nearest square foot; 970 971 9. Building setback lines if different from minimum zoning requirements; 972 973 10. Name of subdivision; 974 975 11. North point, scale, date, and drawing number; 976 977 12. The basis of bearings. Bearings shown must be true bearings and distances shown must be 978 in the foot unit reduced to the true horizontal equivalent; 979 980 13. A correct legal description by metes and bounds of the exterior boundary of the area being 981 subdivided or reference to an existing parcel by recorded plat number and recording district; and 982 983 14. Plats filed reverting subdivided land to acreage shall be conspicuously designated “THIS 984 PLAT IS A REVERSION TO ACREAGE.” 985 986 16.50.030 Survey and monumentation. 987 A. All subdivisions shall be surveyed except subdivisions excluded by KIBC 16.10.050, aliquot 988 part subdivisions under KIBC 16.30.020(C), and those subdivisions which only eliminate existing 989 interior property lines, such as reversion to acreage plats which shall have an exterior boundary 990 survey only. 991 992 B. The subdivision of sections of a township survey into aliquot parts and restoration of lost 993 corners shall be performed in accordance with the applicable version of theU.S. Bureau of 994 Land Management 1973Manual of Surveying Instructions, unless the historical survey record 995 indicates otherwise. All section subdivision details executed as part of the subdivision work shall 996 be monumented and shown on the plat. When a center one-fourth corner must be determined, it 997 shall be set. A minimum survey accuracy of 1:10,000 on parcels which are in the city of Kodiak 998 and 1:5,000 in other areas is required. Monuments shall be set in a professional manner. 999 1000 1. Documentation showing that the final plat satisfies the above accuracy requirements 1001 shall be provided with the Final Plat. 1002 1003 C. All corners and monuments found and set shall be shown and described on the plat with the 1004 following information: date set, type of monument, registration number and surveyor. 1005 1006 D. All monuments of record disturbed or destroyed shall be remonumented or reference 1007 monumented as appropriate. Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 23of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 32 of 173 AGENDA ITEM #9.A. 1008 1009 E. Exterior subdivision monuments and monuments set as part of the rectangular survey net shall 1010 clearly display the following information: 1011 1012 1. Year set; 1013 1014 2. Monument identification (corner number, section, township, range); and 1015 1016 3. Registration number of surveyor. 1017 1018 F. All angle points along the exteriorwithin the platted area of thesurvey shall have a primary 1019 or secondarymonument. 1020 1021 G. Primary monuments alongan exterior boundary shall not be situated more than 1,320 feet 1022 apart. 1023 1024 H. If an exterior boundary line is less than 2,640 feet but more than 1,320 feet long, then the 1025 intermediate primary monument shall be set as close to the midpoint as practical. 1026… 1027 1028 16.50.050 Dedications and certificates. 1029 The following applicable dedications and certificates shall be shown on the final plat: 1030 1031 A. Where a dedication of lands to the public is proposed in the plat, the final plat shall be 1032 accompanied by a statement of ownership and dedication which shall read substantially as 1033 follows: 1034 1035 I (we), hereby certify that I am (we are) the owner(s) of the property described hereon. I (we) 1036 hereby dedicate to the public all easements for public utilities, streets, alleys, thoroughfares, 1037 parks, and other public areas shown hereon. 1038 1039 Where a dedication of lands to the public is not proposed in the plat, the final plat shall be 1040 accompanied by a statement of ownership which shall read substantially as follows: 1041 1042 I (we), hereby certify that I am (we are) the owner(s) of the property described hereon. 1043 1044 ThisThesecertificatesmust be signed by all parties who own a legal interest in the title to the 1045 land being platted or a beneficial interest in the land pursuant to a mortgage, deed of trust, or 1046 contract of sale; provided, however, that said requirements shall be satisfied by the signature of 1047 any person or agency or institution or organization duly authorized by the owner of a legal or 1048 beneficial interest in theproperty being platted to so sign or to subdivide or to plat. Said certificate 1049 shall be signed before the clerk or a notary public. Proof that all parties of real interest are included 1050 shall be established by either an abstract of title certified to the date of filing, or by a certificate to 1051 plat, prepared by a title company authorized under the laws of the state of Alaska, within six 1052 months of the date the final plat is submitted. Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 24of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 33 of 173 AGENDA ITEM #9.A. 1053 1054 A right-of-way acquisition plat shall be acknowledged by the appropriate local, state or federal 1055 official in lieu of owner certification for adjoining remainder parcel land owners. 1056 1057 In some cases, it may be desirable that access from certain lots or parcels be denied to certain 1058 roads or other rights-of-way. In such cases, the statement outlined above shall be followed by 1059 one which reads substantially as follows: 1060 1061 Said dedication to the public shall in no way be construed as a permit for access to 1062______________ Street(s) from Lot(s) ___________________. 1063 1064 B. Rights-of-way not dedicated to the public must be clearly marked as not dedicated on the face 1065 of the plat. Right-of-way acquisition parcels not dedicated to the public, which are nonconforming 1066 by virtue of zoning, shall require an appropriate note on the plat which prohibits any development 1067 not related to right-of-way improvements unless the tract is made conforming under the applicable 1068 zoning regulations. Right-of-way acquisition parcels not dedicated, and all remainder parcels, 1069 shall be identified on the final plat with a new legal description to distinguish new parcels created 1070 by plat from the preexisting lot descriptions. 1071 1072 C. The plat to be filed shall contain a certificate of the land surveyor who prepared the plat in the 1073 language which follows: 1074 1075 I hereby certify that I am properly registered and licensed to practice land surveying in the State 1076 of Alaska, that this plat represents a survey made by me or under my direct supervision, that the 1077 monuments shown hereon actually exist as described, and that all dimensions and otherdetails 1078 are correct. 1079 1080 DATE ____________ 1081 REGISTRATION NUMBER___________ 1082 1083(Surveyors Seal) ______________________________ REGISTERED LAND SURVEYOR 1084 1085 D. All abbreviated plats to be filed shall contain the following statement of plat approval: 1086 1087 This is to certify that the within plat is duly approved in accordance with the Kodiak Island 1088 Borough Code this ______ day of ___________, 20_____. 1089 1090 1091 1092 Community Development Director________________________ date_____________ 1093 Borough Manager_____________________________________ date_____________ 1094 Borough Clerk_________________________________________ date_____________ 1095 1096 DE.TheAllother platsto be filed shall contain the following statement of plat approval: 1097 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 25of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 34 of 173 AGENDA ITEM #9.A. 1098 Kodiak Island Borough Planning and Zoning Commission: 1099 1100 Received _________________________ Approved _________________________ Chair 1101___________________________ Date ____________________________ 1102 1103 This is to certify that the within plat is duly approved in accordance with the Kodiak Island Borough 1104 Code this _____ day of __________, 2____. 1105 1106 Manager _________________________ Clerk______________Date___________ Community 1107 Development Department Director____________Date___________ 1108 1109 EF. The plat to be filed shall contain a statement by the manager and the clerk that the borough 1110 accepts all real property dedicated for public use and public purposes on the plat. Acceptance of 1111 dedication for subdivisions within a city shall be acknowledged by the chief administrator of the 1112 city and the city clerk. 1113 1114 FG. All plats, except right-of-way acquisition plats, must contain a certificate that all the taxes 1115 have been paid to the date of filing the plat, as follows: 1116 I hereby certify that, according to the records of the Kodiak Island Borough, all taxes assessed 1117 and due against said land and in favor of the Kodiak Island Borough are paid in full. 1118 Dated at Kodiak, Alaska, this _________ day of ____________, 2____. 1119_________________________________Kodiak Island Borough Clerk 1120 1121 GH. The plat shall show all other data that are or may be required on the plat by statute or 1122 ordinance. 1123 1124 16.50.060 Easement use. 1125 Utility easementsmay be required for the use of public utility companies licensed by the Alaska 1126 Public Utilities CommissionRegulatory Commission of Alaskato locate, construct, maintain, or 1127 authorize the location, construction, maintenance, and use of conduits for all and any purposes, 1128 water, gas, sewers, utility poles and wires, or any of them over, under, and along the strips marked 1129“Utility Easement.” 1130 1131 Section 8:That Kodiak Island Borough Code Chapter 16.60, Vacations, is amended to read as 1132 follows: 1133 1134 Chapter 16.60 1135 VACATIONS 1136… 1137 1138 16.60.040 Action. 1139 A. The commission shall take action on the vacation application within 50 working days after the 1140 date of the next available meeting agenda deadline. The commission’s action shall be stated in 1141 the minutes of the commission meeting. The commission shall notify the applicant in writing of 1142 the official statement of findings and reasons for their action within five working days. Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 26of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 35 of 173 AGENDA ITEM #9.A. 1143 1144 B. The approval of the vacation shall be effective for a period of 24 months from the date of 1145 approval during which time the applicant may perfect the vacation by: 1146 1147 1.fFiling a plat depicting such vacation if the vacated area has been previously shown on a 1148 recorded plat. The vacation and replatting of the area shall conform with the applicable 1149 preliminary and final plat procedures of this title. In those instances where the replat is intended 1150 solely to delete an area vacated from a record plat, the replat may be eligible for the abbreviated 1151 plat procedures.; or 1152 1153 2. Recording a document stating that the area has been vacated when said area has never 1154 been shown on a recorded plat (e.g. recorded by deed or recorded document other than a 1155 plat). A copy of the document that created the easement or dedication subject to the 1156 vacation shall be submitted as an exhibit. The document must be signed by all those with 1157 a beneficial interest in the area to be vacated. A copy of the recorded document shall be 1158 provided to the community development department. 1159 1160 Section 9:That Kodiak Island Borough Code Chapter 16.70, Improvements Required, is 1161 amended to read as follows: 1162 1163 Chapter 16.70 1164 IMPROVEMENTS REQUIRED 1165… 1166 1167 16.70.020 Prerequisites to approval. 1168 A. The subdivider shall construct and install in the subdivision the improvements required by this 1169 chapter within two years of preliminary plat approval. 1170 1171 1. Street Improvements. All street and public ways shall be graded to their full width, and to the 1172 appropriate grade, and shall be surfaced in accordance with the applicable specifications. The 1173 cross-section of construction shall contain non-frost-susceptible material in accordance with the 1174 applicable specifications. Such construction shall comply with all applicable borough standards 1175 for construction as specified in Chapter 16.80 KIBC. 1176 1177 2. Sewer. If the property proposed for subdivision is located adjacent to an existing sewer main, 1178 the subdivider will not be required to provide stubouts to the individuallots created. All lots shall 1179 be provided with access to the sewer line. If the property proposed for subdivision is not located 1180 adjacent to an existing sewer main and/or one is needed to service the lots created, stubouts will 1181 be required to be provided to the individual lots created in areas where public sewer service is 1182 required. 1183 1184 3. Water. If the property proposed for subdivision is located adjacent to an existing water main, 1185 the subdivider will not be required to provide stubouts to the individual lots created. All lots shall 1186 be provided with access to the water line. If the property proposed for subdivision is not located 1187 adjacent to an existing water main and/or one is needed to service the lots created, stubouts will Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 27of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 36 of 173 AGENDA ITEM #9.A. 1188 be required to be provided to the individual lots created in areas where public water service is 1189 required. Whenever water mains are installed, fire hydrants shall be installed and spaced 1190 according to the following table. 1191 NUMBER AND DISTRIBUTION OF FIRE HYDRANTS MAXIMUM DISTANCE FROMHYDRANT TO ANY FIRE FLOW MINIMUMPOINT ONSTREET OR 3 REQUIRED NUMBER AVERAGESPACINGBETWEENHYDRANROADWAYFRONTAGE(FE 1, 2, 5 (gpm)OFHYDRANTSTS(FEET)ET) 750–1,7501500250 2,000–2,2502450225 2,5003450225 3,0003400225 3,500–4,0004350210 4,500–5,0005300180 5,5006300180 6,0006250150 6,500–7,0007250150 4 7,500 or more8 or more200120 1192 1 Reduce by 100 feet for dead-end streets or roadways. 1193 2 Where streets are provided with median dividers, which can be crossed by fire fighters pulling hose lines, or 1194 arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles 1195 per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating 1196 basis up to a fire-flow requirement of 7,000 gpm and 400 feet or higher fire-flow requirements. 1197 3 Reduce by 50 feet for dead-end streets or roadways. 1198 4 One hydrant for each 1,000 gpm or fraction thereof. 1199 5 Where new water mains are extended along streets where hydrants are not needed for protection of 1200 structures or similar fire problems, fire hydrants should be provided at not less than a 1,000-foot spacing to 1201 provide for transportation hazards. 1202 1203 4. Sidewalks. If the subdivision is located adjacent to an existing sidewalk, and the developer 1204 proposes to pave the abutting street, the commission may require that concrete sidewalks or 1205 approved asphaltic concrete sidewalks not less than four feet in width be constructed along at 1206 least one side of all streets. 1207 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 28of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 37 of 173 AGENDA ITEM #9.A. 1208 5. Drainage. All necessary facilities, either underground pipe or drainage ditches, shall be installed 1209 to provide adequate disposal of surface water as are needed to maintain or reroute any natural 1210 water courses. Natural water courses shall not be blocked or impeded. Whenever any stream or 1211 important drainage is located in an area which is being subdivided, the subdivider shall provide 1212 an adequate easement along each side of the stream for the purpose of widening, deepening, 1213 sloping, improving, or protectingthe stream for drainage purposes. The commission may require 1214 a drainage plan in order to identify required improvements as part of preliminary plat approval, as 1215 well as a letter of jurisdiction from the U.S. Army Corps of Engineers. 1216 1217 6. Other. The commission may require areas to be identified on the plat for the location of 1218 dumpster pads and neighborhood mail boxes. A street lighting plan for the subdivision may also 1219 be required by the commission. 1220 1221 7. In all subdivisions with nonpublic improvements, the subdivider will include a covenant on the 1222 recorded plat that when an improvement district is formed the real property involved will be a part 1223 of the improvement district without further action by the then-owner of the property in question. 1224 1225 8. Monumentation.All monumentation required by Chapter 16.50 KIBC shall be provided by the 1226 subdivider. 1227 1228 B. Lots that are larger than 40,000 square feet and satisfy the requirements of section KIBC 1229 16.40.040.N and 16.50.010(D)are exempt from the sewer and water improvements required in 1230 this chapter. These lots must meet the wastewater disposal standards of ADEC and each lot 1231 shouldshallhave access to an adequate amount of potable water for domestic purposes. 1232 1233 C. Lots that are larger than 10 acres are exempt from the street improvements required in this 1234 chapter. Lots that are less than 10 acres may be exempt from the street improvements required 1235 in this chapter if they have little probability of connection to an existing road system. 1236 1237 16.70.030 Acceptance of improvements. 1238 A. No improvement shall be operated or maintained by the public and no security for the 1239 completion of an improvement shall be released until the improvement has been accepted by the 1240 engineering and facilities department director for subdivisions located outside cities and by the 1241 municipal clerk or municipal engineer for subdivisions located within a city. 1242 1243 B. The following items shall be provided to the engineering and facilities department director 1244 and/or responsible agencies prior to acceptance of the improvements: 1245 1246 1. A Mylar as-built of the improvements certified by a registered engineer; 1247 1248 2. Copies of all construction documents relevant to the construction of the improvement; 1249 1250 3. A record of installed materials including any warranties, catalog cuts, and operation and 1251 maintenance manuals; and 1252 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 29of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 38 of 173 AGENDA ITEM #9.A. 1253 4. Any special tools, accessories, and/or spare parts needed for the operation of the improvement. 1254 1255 C. The subdivider shall provide an express warranty for workmanship and materials to cover the 1256 improvements during the first year of operation from the initial date of acceptance of the 1257 improvements. Unless the subdivider has entered into a subdivision agreement which 1258 provides for a different amount,Tthis warranty shall be secured by a performance bond in an 1259 amount equal to 10 percent of the cost of construction of the improvements if the value of all the 1260 improvements is less than or equal to $250,000; if the value of the improvements exceeds 1261$250,000, the performance bond shall be in the amount of $25,000 1262 1263 Section 10:That Kodiak Island Borough Code Chapter 16.80, Standards for Road Improvements, 1264 is amended to read as follows: 1265 1266 Chapter 16.80 1267 STANDARDS FOR ROAD IMPROVEMENTS 1268… 1269 1270 16.80.030 Minimum right-of-way and trafficway widths. 1271 A. Minimum right-of-way and trafficway widths shall be as follows: 1272 MinimumMinimum RoadClassification*MinimumRight-of WayUnpavedTrafficwayPavedTrafficway Local road60 feet23 feet20 feet Collectorroad60 feet27 feet24 feet Arterialroad80 feet33feet30 feet Alley20 feet18 feet15 feet Cul-de-sacDiameter of50120feetDiameter of2096feetDiameter of2096feet Privateroad 5060feet(easement)2023feet–20 feet 1273* All dead-end roadways must also meet the fire apparatus access road requirements of the adopted 1274 fire code, which may require wider trafficway widths than those listed above. 1275 1276 B. Rights-of-way shall be of sufficient width to accommodate the roadway to be constructed with 1277 adequate room outside the roadway prism for installation of any required utilities. 1278 1279 C. City streets shall be designed to meet the minimum trafficways prescribed by the particular city 1280 involved. 1281 1282 D. Cul-de-sacs shall have a minimum radius of 5060feet at the bulb. 1283 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 30of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 39 of 173 AGENDA ITEM #9.A. 1284 E. Minimum easement width for private roads shall be 5060feet. Private roads, when 1285 constructed, shall meet, at a minimum, the standards of Section 10.207 of the Uniform Fire Code 1286(fire apparatus access road requirements)of the adopted fire codeand Chapter 15.35 KIBC, 1287 Driveway Access. 1288… 1289 1290 16.80.070 Road construction standards. 1291 A. All roads shall be constructed with a sub-base course of non-frost-susceptible material with no 1292 more than 10 percent of weight passing the Number 200 sieve. The minimum depth of sub-base 1293 shall be as follows: 1294 Local road1824inches Collector road2430inches Arterial road3036inches Alley1218inches Cul-de-sac1824inches 1295 1296 The depth of sub-base shall be measured from the point of the highest projection into the roadway 1297 prism. 1298 1299 B. All roads shall be constructed with a base course of two-inch minus rock with no more than 10 1300 percent of weight passing the Number 200 sieve and a plasticity index of not greater than four as 1301 determined by AASHTO T-90. The minimum depth of base course after compaction shall be as 1302 follows: 1303 Local road48inches Collector road68inches Arterial68inches Alley46inches Cul-de-sac46inches 1304 1305 C. All roadway construction shall have all organic material removed to the depth of the required 1306 sub-base prior to placement or construction of the sub-base in the transition area from cut to fill. 1307 1308 D. The right-of-way shall not be clear cut unless necessary to meet the road construction 1309 standards of this chapter. All stumps shall be flush cut. 1310 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 31of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 40 of 173 AGENDA ITEM #9.A. 1311 E. All construction shall be contained within the right-of-way except where the taking of additional 1312 slope easements is noted on the plat and additional easements are provided for utilities. 1313 1314 F. All construction shall be done in accordance with the latest edition of the Alaska Department 1315 of Transportation and Public Facilities Standard Specifications for Highway Construction. 1316 1317 G. Geotextiles may be used upon submittal of satisfactory supporting data from a registered 1318 engineer and approval by the engineering and facilities department director. 1319… 1320 1321 16.80.100 Exceptions to minimum requirements. 1322 It is the policy of the borough to adhere to these standards and specifications; however, if the 1323 design standards cannot be followed as contained herein due to unusual terrain, soil 1324 characteristics, or drainage, the engineering and facilities department director shall consider 1325 alternate solutions and may approve changes when such changes are substantiated and justified 1326 by a design analysis prepared by a registered engineer. A decision granting or denying an 1327 exception under this section may be appealed to the planning commission under Chapter 1328 16.100 KIBC in the same manner as a decision of the community development director 1329 granting or denying approval of a plat. 1330 1331 A. The minimum requirements of this chapter are guidelines and may be adjusted either up or 1332 down subject to actual field conditions upon review and approval by the engineering and facilities 1333 department director of plans prepared and certified by a registered engineer. 1334 1335 B. If the subdivision has little probability of connection to the existing road system, the commission 1336 may grant a waiver from these construction requirements. 1337 1338 C. Any city within the borough may adopt different construction standards by ordinance. 1339 1340 Section 11:That Kodiak Island Borough Code Chapter 16.90, Appeals to the Assembly, is 1341 amended to read as follows: 1342 1343 Chapter 16.90 1344 APPEALS TO THE ASSEMBLY 1345… 1346 1347 16.90.030 Commencement of appeal –Stay. 1348 A. A decision of the commission is final unless an appeal of the decision to the assemblyis made 1349 within 10 working days after the decision by the commissionto the assembly. 1350 1351 B. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating 1352 the reasons for the appeal and the relief sought, and payment of the appropriate fee as set by 1353 resolution of the assembly. Upon commencement of an appeal, the decision appealed from is 1354 stayed until the decision on appeal becomes final. 1355 Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 32of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 41 of 173 AGENDA ITEM #9.A. 1356 C. The running of the time for filing an appeal from a decision of the commission is terminated by 1357 a timely petition for reconsideration, filed in accordance with KIBC 16.90.010. The full time for an 1358 appeal begins to run again on the date of the decision of the commission on reconsideration. 1359 1360 Section 12:That Kodiak Island Borough Code Chapter 16.110, Waiver from Requirements, is 1361 amended to read as follows: 1362 1363 Chapter 16.110 1364 WAIVER FROM REQUIREMENTSSUBDIVISION VARIANCES 1365 1366 Sections: 1367 16.110.010 Waiver from requirements. Subdivision variances. 1368 1369 16.110.010 Waiver from requirements.Subdivision variances. 1370 Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such 1371 development or unusual conditions that the strict application of the requirements contained in 1372 these regulationsthis titlewould result in real difficulties or substantial hardship or injustice, the 1373 commission may grant a variancewaivewaivingsuch requirements so that the subdividermay 1374 develop his property in a reasonable manner. Any variance shall include findings identifying 1375 the physical attributes of the property and any unusual conditions which justify a variance. 1376 A variance shall be the minimum required to provide substantial relief. The commission 1377 shall consider; but so that at the same timeprotection ofthe public welfare and interests of 1378 the borough and surrounding areas, and may condition approval of a variance under this 1379 section on such requirements as necessary to protect the public interests of the borough 1380 and surrounding areas and toare protected,ensure thatthe applicable provisions of state and 1381 federal law are complied with and the general intent and spirit of these regulations are preserved. 1382 1383 Effective Date:This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 1384 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 1385 1386 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 1387 THIS __________ DAY OF _______________,2019. 1388 1389 KODIAK ISLAND BOROUGHATTEST: 1390 1391 1392______________________________________________________ 1393 Daniel A. Rohrer,MayorTara Welinsky, Clerk 1394 1395 VOTES: 1396 Ayes: 1397 Noes: Kodiak Island Borough, AlaskaOrdinance No. FY2020-02 Deletion –Red, StrikeoutPage 33of 33 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 42 of 173 AGENDA ITEM #9.A. PUBLIC HEARING CASE E JUNE 19, 2019 PLANNING AND ZONING REGULAR MEETING CASE 19-021 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 43 of 173 AGENDA ITEM #9.A. PUBLIC HEARING CASE E JUNE 19, 2019 PLANNING AND ZONING REGULAR MEETING CASE 19-021 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 44 of 173 AGENDA ITEM #9.A. PUBLIC HEARING CASE E JUNE 19, 2019 PLANNING AND ZONING REGULAR MEETING CASE 19-021 Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 45 of 173 AGENDA ITEM #9.A. Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 46 of 173 AGENDA ITEM #9.A. Ordinance No. FY2020-02 Amending Various Chapters of Title 16 Subdivisio... Page 47 of 173 AGENDA ITEM #10.A. Michael Powers ICMA CM September 19, 2019 Activities Worked on FY21 budget issues related to process, format and staffing. As we continue to evolve the budget process, we are concerned that we have adequate time for discussions while balancing the potential for missed meetings due to lack of quorum and other items rising in precedence. Attended Agenda Setting and am working with staff on future agenda items. Reviewed proposed policy on reserves with Finance Director and researched topic for best practices. Reviewed school bond funding gap issues. Reviewed General Fund budget for potential savings, reviewed past actions to offset the vetoed amount. Conducted research into various lending options. Discussed various audit issues with Finance and Auditors. No major surprises. Attended the welcoming of the USS Comstock and the tour that was provided. Met with staff regarding code enforcement and related issues. We continue to receive complaints about non-operative vehicles and junk that is located on private property. Met with Leisnoi staff regarding various trespass and related issues. Will be reviewing their request to bar access from the Borough property on to Leisnoi property at Chiniak. Upcoming Manager-Superintendents Meeting-(Anchorage) October 8-10. Best practices for fiscal health. ICMA (International City/County Managers Association) Annual Conference-Nashville-October 18- October 23. Vacation-October 24-October 30. Medical Leave-November (Dates Unknown) Borough Manager Report for September 19, 2019 Page 48 of 173 AGENDA ITEM #13.C.1. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 19, 2019 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation. ORIGINATOR: Seema Garoutte RECOMMENDATION: Move to advance to public hearing at the next regular meeting. DISCUSSION: compliance with statewide procedures. To correct deficiencies in current KIB Code, staff is recommending the changes brought forth in this ordinance. These changes will bring Section 3.35.030 more in line with Alaska State statues, address the need for administrative review and provide direction and definition for staff, the Assembly and the public. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 49 of 173 AGENDA ITEM #13.C.1. 1 Introduced by:Borough Manager Version 1 2 Drafted by:Borough Assessor 3 Introduced on:09/19/2019 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2020-04 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGHAMENDING 11 KODIAK ISLAND BOROUGH CODE TITLE 3REVENUE AND FINANCE, CHAPTER 3.35 12 REAL PROPERTY TAX, SECTION 3.35.030 REAL AND PERSONAL PROPERTY EXEMPTED 13 FROM TAXATION 14 15 WHEREAS,Kodiak Island Borough Code 3.35.030 provides Real and Personal Property 16 Exempted from Taxation; and 17 18 WHEREAS,this ordinance would bring this section more in line with Alaska Statutes; and 19 20 WHEREAS,this ordinance will address the need for administrative review as outlined in the State 21 Assessor’s audit. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH THAT: 25 26 Section 1:This ordinance is of a general and permanent nature and shall become a part of the 27 Kodiak Island Borough Code of Ordinances. 28 29 Section 2:That section 3.35.030 of the Kodiak Island Borough Code of Ordinances is amended 30 to read as follows: 31 32 3.35.030 Real and personal property exempted from taxation. 33 A. The following described properties shall be exempt from any and all taxation otherwise 34 imposed under the foregoing sections: 35 36 1. All real and personal property belonging to the United States of America, the state of Alaska, 37 the borough, the city of Kodiak, or any other incorporated city lying and being within the 38 boundaries of the borough, and except for property acquired through foreclosure or by deed in 39 lieu of foreclosure. However, a private leasehold interest in otherwise exempt properties that is 40 created by lease, loan, contract, preferential use agreement or otherwise, and is made available 41 to and used by a private person or private enterprise, shall be taxable to the extent of that interest 42 pursuant to AS 29.45.030(a)(1)(A) and KIBC 3.35.020. 43 44 2. Real property or an interest in real property that is exempt from taxation under 43 U.S.C. 45 1620(d) (ANCSA). Kodiak Island Borough, AlaskaOrdinance No. FY2020-05 Deletion –Red, StrikeoutPage 1of 9 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 50 of 173 AGENDA ITEM #13.C.1. 46 47 3. All property used exclusively for nonprofit,religious,charitable, cemetery, hospital, or 48 educational purposes (classroom space only), is exempt from taxation for the calendar year in 49 which application is timely filed if the assessor determines that the application demonstrates the 50 property qualifies for exemption as provided by AS 29.45.030. Property used for religious 51 purposes includes the residence of a bishop, pastor, priest, rabbi, minister, or religious order of a 52 recognized religious organization and to further include all other improved property of such 53 organization not used for business, rent, or profit. Property of any religious, educational, or 54 charitable organization from which the organization derives any rentals or profits shall not be 55 exempt. Unimproved or vacant real property of any such organization which is not currently used 56 for religious, hospital, educational, cemetery, or charitable purposes shall be deemed to be 57 property held or used for profit, unless by deed restriction or otherwise the real property has been 58 effectually dedicated to future use for religious, educational, or charitable purposes only and 59 cannot be sold or used for any other purposes. Any vacant land which initially qualifies for an 60 exemption under this section, and for which an application is filed, but is not placed in use within 61 two years of January 1st of the first tax year, shall be subject to taxation in each tax year, 62 retroactive to the first tax year for which the exemption was granted. 63 64 a. To qualify for an exemption under subsection (A)(3) of this section, the applicant organization 65 shall provide the following information to the assessor or designee to support a determination of 66 exempt status: 67 68 i. The articles of incorporation. 69 70 ii. Documentation to support the organization’s not-for-profit status (e.g., IRS Section 501(c)(3) 71 determination letter, or equivalent). 72 73 iii. A description of the property’s use, demonstrating its consistency with the requested 74 exemption. 75 76 iv. Contracts of any type that describe or memorialize the use of the property by a person or entity 77 other than the applicant organization. 78 79 v. A description of any remuneration received by the applicant organization including: 80 81(A) Any property, or portion of property, from which rentals or income are derived. 82 83(B) Actual operating expenses, excluding debt service or depreciation. 84 85(C) Where property is leased by the organization to other entities, financial statements for the past 86 tax year, including income and expense reports, and a description of any debt service or 87 depreciation reported in the financial statements for the property. 88 89 vi. For property used for an educational purpose, a description of course curriculum and 90 classroom space. Kodiak Island Borough, AlaskaOrdinance No. FY2020-05 Deletion –Red, StrikeoutPage 2of 9 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 51 of 173 AGENDA ITEM #13.C.1. 91 92 vii. For property used as a religious residence, a description of the resident’s ordination, 93 commission, or license (according to the standards of the religious organization), and proof of the 94 resident’s employment by the religious organization as its spiritual leader. 95 96 b. The borough assessor may request additional information prior to making a determination, as 97 reasonably necessary, to determine the exempt status of a property in accordance with borough 98 code and regulations and state law. 99 100 4. Any vacant land which initially qualifies for an exemption under this section, but which is not 101 placed in use within two years from January 1st of the first tax year, for which an application is 102 filed, shall be subject to taxation in each tax year, retroactive to the first tax year for which the 103 exemption was granted. 104 105 a. No single organization shall receive more than two exempt vacant parcels, and the exemption 106 for any one parcel shall not exceed the average assessed value of a single, similarly zoned 107 property, as determined by the assessor on an annual basis. 108 109 5. The property of any organization which is not organized for business purposes and whose 110 membership is composed entirely of veterans of any wars of the United States, as recognized 111 and chartered by the Congress of the United States, and the property of the auxiliary of any such 112 organization. Property of any such veteran’s organization or auxiliary from which the organization 113 derives any rentals or profits shall not be exempt. 114 115 6. As described in AS 29.45.030(e), the first $150,000 of assessed value ofthe real property 116 owned and occupied as the primary residence and permanent place of abode by: 117 118 a. A resident 65 years of age or older; 119 120 b. A disabled veteran; or 121 122 c. A resident at least 60 years old who is the widow or widower of a person who has previously 123 qualified for an exemption for the same residence under a or b of this subsection, and who jointly 124 owned or occupied the residence with the requestor. 125 126 7. Definitions. For purposes of subsection (A)(6) of this section only, the following words are 127 defined as: 128 129“Primary residence and permanent place of abode” shall mean a dwelling which is owned by and 130 in which the person resides at least 185 days in the year prior to the exemption year and when 131 absent, the dwelling is not leased or rented to another. 132 133“Resident” shall mean a person who has a fixed habitation in the Kodiak Island Borough for at 134 least 185 days per calendar year, and when absent, intends to return to the borough and does 135 not claim residency outside the borough or claim a resident exemption in another state or country, Kodiak Island Borough, AlaskaOrdinance No. FY2020-05 Deletion –Red, StrikeoutPage 3of 9 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 52 of 173 AGENDA ITEM #13.C.1. 136 or other borough of Alaska or take action or is absent under circumstances inconsistent with the 137 intent to remain and make a home indefinitely in the borough. 138 139“Disabled veteran” shall mean a disabled person separated from the military service of the United 140 States under a condition that is not dishonorable who is a resident of the state, whose disability 141 was incurred or aggravated in the line of duty in the military service of the United States, and 142 whose disability has been rated as 50 percent or more by the branch of service in which that 143 person served or by the United States Department of Veterans Affairs. 144 145“Widow or widower” shall mean the surviving un-remarried spouse. 146 147 B. To be eligible for any exemption set forth inAS 29.45.030(e), the individual applying for the 148 exemption must also meet at least one of the two following requirements: 149 150 1. The individual shall be eligible for a permanent fund dividend under AS 43.23.005 for the year 151 for which an exemption is requested; or 152 153 2. If the individual has not applied or does not apply for the permanent fund dividend, the individual 154 would have been eligible for the permanent fund dividend for that same year had the individual 155 applied. To meet this requirement, the applicant must provide adequate documentation to the 156 assessor that they meet this qualification based on the requirements of AS 43.23.005. 157 158 C. Only one exemption may be granted for the same property. If two or more persons are eligible 159 for an exemption under this subsection in regard to the same property, then the parties shall 160 decide between or among themselves who is to receive the benefit of the exemption. 161 162 D. In the event that a claimant fails to apply for a senior exemption as provided by AS 29.45.030(e) 163 by January 15th of the assessment year for which the exemption is sought, the borough assessor 164 for good cause shown may waive the claimant’s failure to make timely application for the 165 exemption for that year and shall accept the application, as if timely filed, subject to the provisions 166 contained in AS 29.45.030(e). 167 168 1.A waiver may only be granted for the year in which an application is filed.and for the year 169 immediately prior.Assessor’s rulings under this provision may be appealed to the borough 170 assembly which for good cause shown may waive an applicant’s failure to file timely and 171 may direct the assessor to accept the application as if timely filed subject to the provisions 172 contained in AS 29.45.030(e) and this subsection D. 173 2.“Good cause” shall mean extraordinary circumstances beyond the control of the 174 applicant, including but not limited to a medical condition or disability, impaired 175 mental capacity, family emergency, death in the family, or similar serious condition 176 or event that substantially impaired the applicant’s ability to file a timely application. 177“Good cause” shall not mean late filing due to the applicant’s inadvertence, 178 oversight, or lack of knowledge regarding the filing requirements or deadline, 179 financial hardship or failure to pick up or read mail or to make arrangements for an 180 appropriate and responsible person to pick up or read mail. Kodiak Island Borough, AlaskaOrdinance No. FY2020-05 Deletion –Red, StrikeoutPage 4of 9 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 53 of 173 AGENDA ITEM #13.C.1. 181 182 183 E. Applications for Exemptions. The borough assessor shall grant or deny all applications for 184 exemptions, except for community purpose exemptions, which must be granted by the borough 185 assembly. 186 187 1. Strict enforcement of deadlines to file an exemption application and annual certification. 188 189 a. Properties qualifying for an exemption under this section must be owned and in use on January 190 1st of the applicable tax year. There shall be no proration of taxes under this section. 191 192 b. Written application for real property exemptions under this section, including any required 193 supporting documentation, must be received by the assessor no later than January 15th of the 194 tax year in which the exemption is requested. 195 196 c. Once an exemption has been approved, the assessor will review the subject property’s exempt 197 status annually, and may require the exempt party to provide annual certification that the exempt 198 use of the property remains consistent with the use described and approved in the original 199 application. 200 201 d. Reapplication for the exemption shall be required upon any change in the ownership or use of 202 the property, and shall meet the deadlines prescribed under this chapter. 203 204 e. Thedeadline for filing an application for exemption, filing a reapplication if necessary, 205 requesting an administrative review from the assessor, and filing an appeal to court, shall be 206 strictly enforced and shall not be waived except as provided by subsection(E)(1)(b)(D)of this 207 section. 208 209 f. If the assessor determines that a property is not eligible for an exemption, all taxes, penalty, 210 and interest due for all tax years, beginning with the first year that the property should have been 211 subject to taxation, shall become due and owing. 212 213 g. No exemption shall be available under this section if, by the determination of the assessor, the 214 subject property has been conveyed to the applicant for the primary purpose of obtaining the 215 exemption. 216 217 F. The private interests, other than fee simple record ownership, in real property of an individual 218 residing in the property if the property has been developed, improved, or acquired with federal 219 funds for the provision of low-income housing, and is owned or managed as low-income housing 220 by either the Alaska State Housing Authority pursuant to AS 18.55.100 through 18.55.960 or a 221 regional housing authority formed under AS 18.55.996. This section does not prohibit the borough 222 from continuing to receive payments in lieu of taxes authorized under federal law. This section 223 applies only to those low-income housing units in existence prior to January 1, 1989, hence, any 224 new projects, real property acquisitions, and additions to the existing properties after January 1, Kodiak Island Borough, AlaskaOrdinance No. FY2020-05 Deletion –Red, StrikeoutPage 5of 9 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 54 of 173 AGENDA ITEM #13.C.1. 225 1989, shall require an ordinance of the assembly prior to the granting of an exemption under this 226 section. 227 228 G. Administrative Review for all exemptions except community purpose 229 230 1.If the assessor, after review of the application for exemption determines that the 231 property does not qualify for the exemption, the assessor will notify the applicant 232 in writing denying the exemption and providing the reasons for the assessor’s 233 decision. 234 2.The owner of record may request a formal review meeting withthe assessorwithin 235 30 days of the date of the assessor’s letter denying the exemption. 236 a.The assessor will notify the owner of record with the date of the of that meeting. 237 b.The owner of record maypresentadditional documentation and other evidence 238 supporting their claim of exemption atthe review meetingfor consideration by 239 the assessor. 240 c.The assessor, within 30 days of the meeting, will issue a letter with their final 241 determination. 242 d.The assessor’s final determination after a review meeting is a final 243 administrative decisionon the exemptionand can be appealed as provided in 244 subsection (H) of this section. 245 246 3.Community Purpose Exemptions are reviewed in accordance with subsection (I)(7) 247 of this section. 248 G.H.Judicial review of the assessor’s denial of an exemption under AS 29.45.030. 249 250 1.Having exhausted the administrative review,Oonlythe owner of record may appeal a 251 decision by the assessor to deny an exemption under this section, and must be made to the 252 Superior Court, Third Judicial District, State ofAlaskain accordance with Alaska Rule of 253 Appellate Procedure 602 and AS 29.45.200(c). 254 255 2. An appeal of the assessor’s denial of an application for exemption under this code must be 256 filed within 30 days of the assessor’s denial. 257 258 3. For purposes of computing time, the date that the assessor’s written denial was mailed shall 259 bedeemed the date of the denial. 260 261 H.I.The property of an organization not organized for business or profit-making purposes which 262 is used exclusively for community purpose activities, may be exempted from taxation by the 263 borough assembly under this sectionas allowed under AS 29.45.050(a)(1)(A). In order to qualify 264 for a community purpose exemption: 265 266 1. The property must be dedicated for use by the general public, must provide a benefit to the 267 community as a whole, and any income derived from rental of the property must not exceed the 268 actual cost to the owner of the use by the renter. 269 Kodiak Island Borough, AlaskaOrdinance No. FY2020-05 Deletion –Red, StrikeoutPage 6of 9 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 55 of 173 AGENDA ITEM #13.C.1. 270 2. Any entity requesting a community purpose property tax exemption pursuant to this chapter 271 must include with its initial application certified copies of its most recent Return of Organization 272 Exempt from Income Tax Return (Form 990) and Federal Unrelated Business IncomeTax Return 273(Form 990T, or any other equivalent forms that may be adopted by the federal government). If a 274 tax exemption is granted to the applicant organization, it must thereafter submit to the borough, 275 within 30 days of the required filing date with theInternal Revenue Service, exact copies of its 276 Return of Organization Exempt from Income Tax Return (Form 990) and Federal Unrelated 277 Business Income Tax Return (Form 990T). 278 279 3. The borough assembly may by ordinance grant tax exemptions for community purpose property 280 if the application meets state law requirements (AS 29.45.050(b)(1)(A)) and the assembly 281 determines that there is a direct and substantial benefit to the borough from the applicant’s 282 property use. The assembly, in determining whether to grant anexemption and the amount of 283 exemption to be granted, may consider various factors including, but not limited to, whether: 284 285 a. The property is open to public use regardless of sex, race, creed, color, or national origin; 286 287 b. The applicant organization is qualified as an exempt organization under Section 501(c)(3) of 288 the Internal Revenue Code, as amended from time to time; 289 290 c. No part of the net earnings of the applicant inures to the benefit of any private entity or individual; 291 292 d. There is no evidence of adominant financial motive such as excessive charges, excessive 293 employee compensation, or income that exceeds operating expenses and any rental income does 294 not exceed the actual cost to the owner of the use by the renter; 295 296 e. There is no evidence that the property is being used to financially benefit any officer, trustee, 297 director, shareholder, member, or contributor, of the applicant; 298 299 f. The property is used for the actual operation of the community activity and does not exceed an 300 amount of property reasonably necessary for the accomplishment of the community activity; 301 302 g. The fees and charges for the use of such property and facilities thereon do not effectively deny 303 to a significant portion of the borough the privileges and benefits provided by such property; 304 305 h. The applicant organization is governed by a volunteer board of directors; 306 307 i. Whether and to what extent a tax exemption is necessary to provide the community benefit; 308 309 j. The organization’s property is used exclusively for community purposes; 310 311 k. The existence of substantially similar community benefits through other public or private 312 entities; and 313 Kodiak Island Borough, AlaskaOrdinance No. FY2020-05 Deletion –Red, StrikeoutPage 7of 9 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 56 of 173 AGENDA ITEM #13.C.1. 314 l. The degree to which the organization’s use of the property impacts the quality of life of borough 315 residents. 316 317 4. The assessor shall act as the administrator for community purpose exemption applications 318 gathering the necessary information and making recommendations to the assembly. Also, the 319 assessor may periodically require such information as is reasonably necessary to determine the 320 character ofthe organization and the nature of uses made for the continuation of the exemption 321 provided in this section. This includes, but is not limited to: 322 323 a. The applicant organization’s certificate of incorporation. 324 325 b. Documentation to support the organization’s not-for-profit status (i.e., IRS Section 501(c)(3) 326 determination letter, or equivalent). 327 328 c. A description of the use of the property and consistency with the requested exemption. 329 330 d. Contracts of any type that describe or memorialize use of the property by a person or entity 331 other than the applicant organization. 332 333 e. A description of any remuneration received by the applicant organization including: 334 335 i. Any property, or portion of property, from which rentals or income are derived. 336 337 ii. Actual operatingexpenses, excluding only debt service or depreciation. 338 339 iii. Financial statements for the past tax year including a copy of Form 990 as filed with the IRS, 340 income and expense reports, and description of any debt service or depreciation included in the 341 financial statements for the property. 342 343 5. Under this subsection, there shall be no proration of taxes for exemptions. Properties qualifying 344 for an exemption shall be in use under the exempt purpose as of January 1st of the year for which 345 the exemption is granted. 346 347 6. The borough assessor may request additional information prior to the determination, as 348 reasonably necessary, to determine the exempt status of a property in accordance with borough 349 code and regulations and Alaska law. 350 351 7. Administrative review ofdenial for continuation of a community purpose exemption by the 352 assessor. 353 354 a. If the assessor denies an application for the continuance of an exemption under this section, 355 the assessor shall state the reason for the denial in a written notice to the ownerof record. 356 Kodiak Island Borough, AlaskaOrdinance No. FY2020-05 Deletion –Red, StrikeoutPage 8of 9 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 57 of 173 AGENDA ITEM #13.C.1. 357 b. A denial by the assessor under this section may be appealed to the borough assembly by 358 means of a written request from the owner of record, which must be received by the borough clerk 359 no later than 30 days after the date of denial. 360 361 c. Only an owner of record may request the administrative review of the assessor’s decision to 362 deny the continuance of an exemption. 363 364 d. For the purposes of computing time for the purposes of an appeal under this section, the date 365 that the assessor’s written notice of denial shall be deemed the date of the denial. The date of 366 receipt by the borough clerk shall be the date of the request for administrative review. 367 368 e. As this is an optional exemption pursuant to AS 29.45.050, the borough assembly shall have 369 thefinal determination of granting a continuance of the exemption. 370 371 8. Pursuant to the process in subsection (I)(3) of this section,theproperty owned by the 372 following organizations shall be exempt from real and personal property taxation under this 373 section: 374 375 a. The Kodiak Island Sportsman’s Association; 376 377 b. The Kodiak Senior Center; 378 379 c. The Kodiak State Fairgrounds; 380 381 dc.TheKodiak JayceesKodiak Rodeoand State FairAssociation; 382 383 ed. The Kodiak Chamber of Commerce; and 384 385 fe.The Kodiak Island Convention and Visitors Bureau. 386 387 Effective Date:This ordinance takes effect upon adoption. (Note: KIBC 2.30.070 states an 388 ordinance takes effect upon adoption or at a later date specified in the ordinance.) 389 390 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 391 THIS __________ DAY OF _______________,2020. 392 393 KODIAK ISLAND BOROUGHATTEST: 394 395 396______________________________________________________ 397 Daniel A. Rohrer,MayorTara Welinsky, Clerk 398 399 VOTES: 400 Ayes: 401 Notes: Kodiak Island Borough, AlaskaOrdinance No. FY2020-05 Deletion –Red, StrikeoutPage 9of 9 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Islan... Page 58 of 173 AGENDA ITEM #13.C.2. KODIAK ISLAND BOROUGH STAFF REPORT SEPTEMBER 19, 2019 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to include the City of Kodiak Near Island Development Plan - Concept A, Minimum Development. ORIGINATOR: Erin Welty RECOMMENDATION: Move to advance Ordinance FY2020-06 to public hearing. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 59 of 173 AGENDA ITEM #13.C.2. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Memorandum Date: September 5, 2019 To: Mr. Michael Powers, Borough Manager From: Erin Welty, Acting Director RE: Transmittal of City of Kodiak Near Island Development Plan, Case 20-01, for adoption by Ordinance FY2020-06. The Kodiak Island Borough Planning and Zoning Commission, as required per KIBC 2.105.030.A, hereby transmits the August 21, 2019 meeting materials, and their recommendation for adoption, for the consideration of the Kodiak Island Borough Assembly. The P&Z Commission recommends adoption of this development plan, to be incorporated into the Kodiak Island Borough Comprehensive plan. The Planning and Zoning Commission at their meeting on August 21, 2019 moved to forward the request, recommending adoption, to the Borough Assembly. The Commission perceived no major policy implications related to this request, and found the request to be generally consistent with the goals and objectives of the adopted comprehensive plan. Attachments: Draft Agenda Statement; Development Plan; P&Z Decision Letter; P&Z Minutes; P&Z Case Packet 20-01. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 60 of 173 AGENDA ITEM #13.C.2. 1 Introduced by:Planning & Zoning Commission 2 Drafted by:CDD Director 3 Introduced on:09/12/2019 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO. FY2020-06 9 10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGHAMENDING 11 TITLE 17 ZONING OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES BY 12 AMENDING SECTION 17.10.030 COMPREHENSIVE PLANTO INCORPORATE THE 2017 13 CITYOF KODIAK NEAR ISLAND DEVELOPMENT PLAN–CONCEPT A, MINIMUM 14 DEVELOPMENT. 15(P&Z CASE 20-001) 16 17 WHEREAS,the 2017 Near Island Development Plan was initiated by the City of Kodiak; and 18 19 WHEREAS,Near Island is an important part of Kodiak’s urban landscape for recreation, 20 commercial development and industrial uses; and 21 22 WHEREAS,the City of Kodiak and DOWL held work sessions and public meetings, providing 23 citizens ample time to comment; and 24 25 WHEREAS,the City of Kodiak City Councilapproved the 2017 Near Island Development Plan 26–Concept A, Minimum Development; and 27 28 WHEREAS, the Planning and Zoning Commission also held a work session and public meeting 29 providing citizens additional opportunity to comment on the plan; and 30 31 WHEREAS,the Kodiak Island Borough Planning and Zoning Commission has recommended that 32 the Kodiak Island Borough Assembly adopt the 2017 Near Island Development Plan –Concept 33 A, Minimum Development into the Kodiak Island Borough Comprehensive Plan; and 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH THAT: 37 38 Section 1:This ordinance is of a general and permanent nature and shall become a part of the 39 Kodiak Island Borough Code of Ordinances. 40 41 Section 2:That Title 17 Zoningof the Kodiak Island Borough Code of Ordinances is amended to 42 read as follows: 43 44 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough 45 Comprehensive Plan consists of the following documents: Kodiak Island Borough, AlaskaOrdinance No. FY2020-06 Deletion –Red, StrikeoutPage 1of 2 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 61 of 173 AGENDA ITEM #13.C.2. 46 47 2017 Near Island Development Plan –Concept A, Minimum Development, dated 48 December 2017, prepared by DOWL. 49 50 Effective Date:This ordinance takes effect upon adoption. 51 52 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 53 THIS __________ DAY OF _______________,2019. 54 55 KODIAK ISLAND BOROUGHATTEST: 56 57 58______________________________________________________ 59 Daniel A. Rohrer,MayorTara Wellinsky, Clerk 60 61 VOTES: 62 Ayes: 63 Noes: Kodiak Island Borough, AlaskaOrdinance No. FY2020-06 Deletion –Red, StrikeoutPage 2of 2 Insertion –Bold, Blue, UnderlinedVersion 1 Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 62 of 173 AGENDA ITEM #13.C.2. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 63 of 173 AGENDA ITEM #13.C.2. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 64 of 173 AGENDA ITEM #13.C.2. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 65 of 173 AGENDA ITEM #13.C.2. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 66 of 173 AGENDA ITEM #13.C.2. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 67 of 173 AGENDA ITEM #13.C.2. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 68 of 173 AGENDA ITEM #13.C.2. 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MEMORANDUM DATE: August 1, 2019 TO: KIB Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 21, 2019 Regular Meeting CASE: 20-001 APPLICANT: City of Kodiak AGENT: Mike Tvenge REQUEST: A review, according to KIBC 2.105.030.A, of the Near Island Development Plan – Concept A – Minimized Development, as adopted by the City of Kodiak, as a proposed new element of the Kodiak Island Borough Comprehensive Plan once adopted by the Assembly. LOCATION: Near Island ZONING: Various Applicable Regulations 2.105.030 Powers and duties. The commission shall accomplish the following: A.Develop, adopt, alter or revise, subject to approval of the assembly, a comprehensive plan for the physical development of the borough. Such comprehensive plan, with accompanying maps, plats, charts, descriptive and explanatory matter, shall show the commission’s recommendations for the development of the borough territory and may include among other things: 1.Development of the type, location, and sequence of all public improvements; 2.The relocation, removal, extension, or change of use of existing or future public ways, grounds, spaces, buildings, properties, and utilities; and 3.The general extent and location of rehabilitation areas. When a comprehensive plan for the borough has been approved by the assembly, amendments, revisions and extensions thereof may be adopted by the assembly after consideration and report of the commission. All amendments, revisions, or extensions shall correspond to major geographical divisions of the borough or to functional divisions of the subject matter of the plan. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 170 of 173 AGENDA ITEM #13.C.2. When such comprehensive plan has been approved by the assembly, no amendments, revisions, or extensions thereto shall be approved, except upon the affirmative vote of four members of the assembly; 17.10.010 Definitions The comprehensive plan for the borough is that compilation of adopted policy statements, goals, standards, and maps for guiding the physical, social, and economic development, both public and private, of the borough, which may include, but are not limited to, the following topics: A. History; B. Local government; C. Topography; D. Geology; E. Climate; F. Soils; G. Vegetation; H. Fish and wildlife; I. Natural hazards; J. Land ownership; K. Land use; L. Population; M. Housing; N. Economy; O. Transportation; P. Community facilities; Q. Utilities; and R. Growth requirements. \[Ord. 85-19-O §1, 1985: Ord. 85-9-O §1, 1985: Ord. 84-67-O §1, 1984: Ord. 82-44-O §1, 1982. Formerly §17.02.010\]. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 171 of 173 AGENDA ITEM #13.C.2. 17.10.030 Comprehensive plan. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: C. Near Island Comprehensive Development Plan. Prepared by the Near Island task force, city of Kodiak and the Kodiak Island Borough, dated August 27, 1987. (Adopted by Ordinance No. 87- 31-O, dated November 5, 1987. COMMENTS The City of Kodiak acquired Near Island in 1968. There was no development on the small island until 1974. Except for a Trails Development Plan in 1999, the last comprehensive planning effort for Near Island was thirty-two years ago, in 1987, with the adoption of the Near Island Comprehensive Development Plan. This was shortly after the installation of the Fred Zharoff Memorial Bridge, which connected Near Island to the City of Kodiak. Since then, there has been significant development on Near Island, including the sale of some property to private individuals. Recognizing the need for an updated planning document, the City of Kodiak engaged DOWL to create an updated development plan. The new plan is intended to provide the City of Kodiak with the following: Encourages revenue generation via balancing development and land conservation. Allows the City of Kodiak to anticipate and plan for the future development of Near Island. Specifically, which types of uses are desired and where areas of development and non- development should occur. Provides clear goals and recommendations with clear steps for implantation. The City established a technical advisory committee with members from a variety of local agencies and organizations to provide feedback regarding existing conditions, practicality of new ideas and insight on conflicts. Two TAC meetings were held in the first half of 2016. The City also held two public meetings in which they introduced the planning project and then solicited comments regarding desired development on Near Island. Common themes emerged from the process and the city was ultimately presented with three concepts with different levels of proposed future development. The city chose Concept A -Minimized Development, which does not expand or add any industrial, commercial or institutional uses on Near Island. The City Council approved by consensus the Near Island Development Plan – Concept A – minimum development and now requests that it be adopted as a component of the Kodiak Island Borough 2008 Comprehensive Plan Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 172 of 173 AGENDA ITEM #13.C.2. RECOMMENDATION Staff believes that this request should be forwarded to the Assembly with the recommendation to be adopted as a component of the Kodiak Island Borough 2008 Comprehensive Plan. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend to the Borough Assembly to review the Near Island Development Plan Concept A – Minimum Development, December 2017 by the City of Kodiak and DOWL and that it be adopted as a component to the Kodiak Island Borough 2008 Comprehensive Plan Update and to adopt the findings in the staff memo dated August 1, 2019 as “Findings of Fact” for Case 20-001. FINDINGS OF FACT (KIBC 17.195.050.A.1-6) 1.The City of Kodiak has forwarded to the Planning and Zoning commission a request to adopt the Near Island Development Plan 2017 Concept A – Minimum Development. 2.The Commission recognized the substantial public input and quality of this work product by DOWL and the City of Kodiak in the development of this plan. 3.The Commission finds that the Near Island Development Plan 2017 Concept A – Minimum Development is a significant document to guide the future development of Near Island. Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to includ... Page 173 of 173 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. 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-None. B.Resolutions–None. C.Ordinances for Introduction 1.Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation. Recommended Motion:Move to advance Ordinance No. FY2020-04to public hearing at next regular meetingof the Assemblyon October 3, 2019. Staff Report –Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION. 2.Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to include the City of Kodiak Near Island Development Plan -Concept A, Minimum Development. Recommended Motion:Move to advance Ordinance FY2020-06to public hearing at next regular meeting of the Assembly on October 3, 2019. Staff Report –Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION. D.Other Items–None. 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. Kodiak Island Borough Assembly Guidelines September 19, 2019Page 2of 3 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. 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-None. B.Resolutions–None. C.Ordinances for Introduction 1.Ordinance No. FY2020-04 An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation. Recommended Motion:Move to advance Ordinance No. FY2020-04to public hearing at next regular meetingof the Assemblyon October 3, 2019. Staff Report –Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION. 2.Ordinance FY2020-06 to amend KIBC 17.10.030 Comprehensive Plan to include the City of Kodiak Near Island Development Plan -Concept A, Minimum Development. Recommended Motion:Move to advance Ordinance FY2020-06to public hearing at next regular meeting of the Assembly on October 3, 2019. Staff Report –Manager Powers Assembly discussion. ROLL CALL VOTE ON MOTION. D.Other Items–None. 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. Kodiak Island Borough Assembly Guidelines September 19, 2019Page 2of 3 CD 0 0 N cn c CL mCb rb a j 3a . 0 o a �. r `CCD W CA C) � m 0 3 ?@ CL m m o CD ':C Ercn CD� CD V a "O y' fOA O 3 CD O O �n 2 0 — y ®ate Ch 0 ® (3) ft, we O m CD ro m a - 'm Lm Crm CD Ul 0 $r E c � to y CD W 0.0 c y .p a N % m I SRI` cn cn 0 ,.. r t i' CD a i , m �. a �� „ a r , , I a �� ..� �.... m � ..,.. �. o � CA ou m --lo o . .. °� O r � 3 0 .� 3 3 — C a iii Z O �— CD '� ///i „ 0 0 0 (D Ab .__. 0 � fm t y=r /i a CD to Z z O.. .,.__.._ rn O — -i cn incn D i� % .. (n F C' `3 x � C � ii 0 0 m 3 0 =r CD .. (@D:3Ci C .j, rn VVN =r , `� .,, m ] CD ' r m cr Z .m zO -C r< �— c cn n x �° C r— < 0 `c m iii,; .. O O pl 3 -s 0. C @ (D N CD Csu G) ..., m CA CD cz -i cn cn cn P; > .. :U 0 7,5 3 ? e 3 D > CD a 0 �. CD C p) CD t gra 3 r 6 AMR/ N ,y, M1 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2020, No. 41 September 20, 2019 At Its Regular Meeting Of September 19, 2019, The Kodiak Island Borough Assembly Took The Following Actions. AMENDED ADOPTED Ordinance No. FY2020-02 Amending Various Chapters Of Title 16 Subdivision. ADVANCED Ordinance No. FY2020-04 To Public Hearing At The Next Regular Meeting Of The Assembly On October 3, 2019. ADVANCED Ordinance FY2020-06 To Public Hearing At The Next Regular Meeting Of The Assembly On October 3, 2019.