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.
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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:
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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.
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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.
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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.
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AGENDA ITEM #5.A.
KODIAK ISLAND BOROUGH
ATTEST:Daniel A. Rohrer, Mayor
Tara Welinsky, Borough ClerkApproved on:
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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
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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
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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
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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:
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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
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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.
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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
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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:
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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
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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
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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;
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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.
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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;
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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.
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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
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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,
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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:
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PUBLIC HEARING CASE E
JUNE 19, 2019 PLANNING AND ZONING REGULAR MEETING
CASE 19-021
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PUBLIC HEARING CASE E
JUNE 19, 2019 PLANNING AND ZONING REGULAR MEETING
CASE 19-021
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PUBLIC HEARING CASE E
JUNE 19, 2019 PLANNING AND ZONING REGULAR MEETING
CASE 19-021
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AGENDA ITEM #9.A.
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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
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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
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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).
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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.
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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,
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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.
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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,
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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
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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
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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
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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:
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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
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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.
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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:
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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:
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AGENDA ITEM #13.C.2.
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.
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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. \[Ord. 85-19-O §1, 1985: Ord. 85-9-O §1, 1985: Ord. 84-67-O §1, 1984: Ord.
82-44-O §1, 1982. Formerly §17.02.010\].
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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
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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.
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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
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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.