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2008-04-03 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, April 3, 2008, 7:30 p.m., Assembly Chambers 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. PPROVAL OF MINUTES A. *Regular Meeting of March 20, 2008. 6. AWARDS AND PRESENTATIONS CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments COMMITTEE REPORTS PUBLIC HEARING A. Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017.) Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -30 Authorizing the Manager to Execute Contract No. FY2008 -30 for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 B. Resolutions — None. C. Ordinances for Introduction — None. D. Other Items 1. Mayoral Appointment to the Prince William Sound Citizens Regional Advisory Council. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Fire Protection Area No. 1 Regular Meeting of February 19, 2008. 2. Monashka Bay Road Service Area Board Meeting of February 26, 2008. 3. Service Area No 1 Board Regular meeting of November 13, 2007. B. Reports - None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 Kodiak Island Borough Assembly Regular Meeting Minutes March 20, 2008 A regular meeting of the Kodiak Island Borough Assembly was held March 20, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 5 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Present were Mayor Jerome Selby, Assembly members Pat Branson, Sue Jeffrey, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. Assembly members Abell, Friend, and Oswalt were out on personal leave. STUTES moved to excuse Assembly members Abell, Friend, and Oswalt. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION TO APPROVE THE AGENDA CARRIED UNANIMOUSLY. The following were approved under consent agenda: • Resolution No. FY2008 -31 Supporting House Bill No. 373, an Act Extending Specified Public School Bond Debt Reimbursement and Providing for an Effective Date. • Introduction of Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017) to public hearing on April 3, 2008. • Introduction of Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial. APPROVAL OF MINUTES A. Regular Meeting of February 21, 2008 and Special Meeting of March 3, 2008. BRANSON moved to approve the minutes as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 1 AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Year Award to Jessica Kilborn, Assistant Clerk in the Borough Clerk's Office. Manager Gifford presented a five -year Longevity Award to Kirsten Galliher, Assessment Clerk II in the Assessing Department and a ten -year Longevity Award to Bob Himes, Fire Chief at the Bayside Fire Hall. Mayor Selby presented Student of the Month Award to Nathan Wolford, a senior at Danger Bay School. Mayor Selby proclaimed the Month of March 2008 as National "Women's History Month," urging residents to increase their knowledge and appreciation of the valuable role women play in our lives. CITIZENS' COMMENTS Shawn Dochtermann asked the Assembly to adopt a resolution urging the North Pacific Fishery Management Council (NPFMC) to designate a placeholder for crewmembers to speak on crew issues at the next NPFMC meeting. Tom Quick spoke in support of Ordinance No. FY2008 -18. Andy Janus spoke in opposition of Ordinance No. FY2008 -19. John Miller thanked the Assembly for its decision regarding the garbage issue at Chiniak. He commented on Ordinance No. FY2008 -19. Ernie Scheidler commented on Ordinance No. FY2008 -19. COMMITTEE REPORTS Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee. Assembly member Lynch reported on the Solid Waste Advisory Board. Assembly member Branson reported on the Providence Health Care Needs Assessment. PUBLIC HEARING A. Ordinance No. FY2008 -15 Amending Kodiak Island Borough Code of Ordinances Sections 2.39.070 Declaring and Filling Vacancies in Title 2; Section 4.15.040 Vacancies in Title 4; and Section 2.43.02 Appointment, Terms, and Procedures in Title 2. BRANSON moved to adopt Ordinance No. FY2008 -15. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 2 This ordinance was requested by Assembly member Branson. Different sections of the Kodiak Island Borough Code for declaration of vacancies for service area boards and other boards, committees, and commissions are inconsistent with one another and this ordinance will amend this inconsistencies. This would also correct Section 2.43.020, Parks and Recreation Committee vacancies which should refer to KIBC 2.16.060 instead of KIBC 2.39.070. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, and Stutes. B. Ordinance No. FY2008 -16 Amending Kodiak Island Borough Code of Ordinances Title 5 Business Licenses and Regulations Chapter 5.01 Liquor Licenses Section 5.01.030 New License and Transfer Procedure. JEFFREY moved to adopt Ordinance No. FY2008 -16. There has been a misinterpretation that public hearing notices need not be sent if the location for a new license remains the same. This ordinance will clarify KIB section 5.01.030, based on attorney's review, that a transfer from one person to another of a liquor license would be considered by KIB a request for a new liquor license and should follow procedures stated in this section of the code. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, and Branson. C. Ordinance No. FY2008 -17 Amending Title 2 Administration and Personnel Chapter 2.15 Borough Mayor Section 2.15.020 Qualification and Election of Borough Mayor and Chapter 2.16 Borough Assembly Section 2.16.020 Term, Section 2.16.050 Oath Deputy Presiding Office and Creating Section 2.16.030 Assembly Oath of Office. STUTES moved to adopt Ordinance No. FY2008 -17. Current Borough code was clear when the regular term of office begins for an elected Mayor; however, it did not address newly elected Assembly members. This ordinance was proposed to make the code sections consistent for the Mayor and Assembly members. Section 2.16.050 current wording was too restrictive by not allowing newly elected Assembly members to take their oath outside of the first regular meeting date following each borough election. Mayor Selby opened the public hearing. Hearing and seeing none, he closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, and Jeffrey. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 3 D. Ordinance No. FY2008 -01 C Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by Moving Money Between Funds, Amending Budgets to Provide for Additional Expenditures and Budgeting for Several Grants. BRANSON moved to adopt Ordinance No. FY2008 -01 C. Manager Gifford reported that this ordinance would: • Increase the Borough's general fund revenues and expenditures by $20,000 for a pass through grant from the State of Alaska to the Village of Karluk. • Increase the MIS department budget by $30,000 to provide electronic tablets (laptop computers) to the Borough Assembly. • Add $5,500 to the budget for North Star School lighting. • Budget a contribution of $110,331 to fulfill the matching requirements of the Federal North Star Trails Grant ($1,221,831). • Move $27,640 in excess funding for building insurance back to the Facilities Fund. • Establish a project for the Peterson Elementary School seismic project and the State grant that funds it. • Provide $50,000 for preliminary work on the High School Gym seismic project. • Establish the Kodiak Middle School (KMS) Seismic Upgrade, Phase 11 project and budgets $2,700,000 to complete the budget. • Establish the Ouzinkie Sprinkler System and budgets $330,000 to complete the project. • Establish the Ouzinkie Generator Replacement and budgets $88,000 to complete the project. • Increase the budget for anticipated interest earnings to $3,633,918. • Transfers $390,000 from the Hospital Enterprise fund to Fund 495, Hospital Capital Projects. It was necessary to amend the ordinance to increase the budget for project 08003, High School Soil Remediation by $100,000 to cover cost overruns. BRANSON moved to amend Ordinance No. FY2008 -01 C by substitution. ROLL CALL VOTE ON MOTION TO A ARRFB Lynch, and Stutes. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Jeffrey, and Lynch. AS AMEND UN NIMOUSLY: Branson, Jeffrey, . Stutes, Branson, BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Legislature passed its 60 -day mark. • Reports from the Lobbyists were distributed in the Asembly's mail. • Reported on the "three- legged stool" comprised of education, revenue sharing, and PERS/TRS. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 4 • The supplemental appropriation projects that were vetoed last year. • Municipal bonds of $8M received premium discount, $43K added to the $8M, at 4.6% interest rate. • Updates to several KIB projects. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the following: • The KIB /City Joint Legislative Reception was very well attended. • Governor Palin's attendance of the reception. • The Congressional debate that will happening during Comfish. • Announcement of Comfish happening in Kodiak. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts A. Contract No. FY2008 -28 Authorizing the Manager to Enter Into a Long Term Lease with the State of Alaska Department of Military Affairs for Pool Purposes. BRANSON moved to approve Contract No. FY2008 -28 authorizing the Manager to enter into a long -term lease with the State of Alaska Department of Military Affairs for pool purposes. This resolution authorizes the manager to sign documents allowing the Kodiak Island Borough to assume the City of Kodiak position as lessee in a 1965 lease with the Alaska Department of Military Affairs on State Land (a.k.a. Armory) identified for pool purposes. This new lease involved the same parcel of property that the Borough "assumed" from the City of Kodiak and will, among other things, extend the term of the old lease from December 2020 to 2062. This new term would secure a Tong -term lease on the site that the new pool will be constructed and protect the Borough's financial investment in the facility. The other terms and conditions of the new lease are favorable to the Borough. As an example, no rent fee will be charged. There are a number of conditions of approval in the new lease that the National Guard wanted to maintain from the original 1965 lease. Most important to the National Guard was the ability to utilize the facilities on occasion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, and Branson. B. Contract No. FY2007 -11A Amending Contract No. FY2007 -11 Architectural and Engineering Services for KMS Seismic Upgrade, KHS Library Seismic Upgrade, KHS Gym Seismic Upgrade, KHS /KMS Complex IRMA Roof Upgrade, KHS Learning Center, KHS Exterior Insulation and Window Replacement, KHS Vocational Center Renovation and KHS Pool Reclamation. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 5 JEFFREY moved to authorize the Manager to execute Contract No. FY2007 -11A with Jensen, Yorba and Lott of Juneau, Alaska. The KIBSD recently compiled a study of the Kodiak High School facility, which included a comprehensive evaluation of building deficiencies and needs regarding educational program. Findings of the report describe numerous design and condition deficiencies that interfere with student learning. The district has requested that KIB enlist the services of a design professional to further evaluate facility needs at Kodiak High School and provide conceptual options for consideration by the community. KIB has the architectural firm Jensen Yorba Lott under contract to provide A/E services for the KHS Voc -Ed Renovation and Pool Reclamation project. In order to accommodate the KIBSD request, staff recommended authorizing a Change in Services agreement to include Condition Survey, Education Specification, Conceptual Design Alternatives, and Campus Master Plan for a lump sum price of $126,908. The proposed Change in services will not increase the amount of the contract. Rather, this change will modify emphasis between categories of work within the existing contract. By approving this change the Borough will broaden the focus of design work from the KHS Voc -Ed Renovation and Pool Reclamation Project to a broader study of the entire campus at a conceptual level. Should the options provided by the study be rejected and a return to the original project prevail, additional funding will be needed for A/E services to complete the original project. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, and Jeffrey. Resolutions A. Resolution No. FY2008 -30 Requesting North Pacific Fishery Management Council Consideration of Kodiak Community Concerns in the Pending Analysis of the BSAI Crab Rationalization Program. JEFFREY moved to adopt Resolution No. FY2008 -30. In October 2007, the North Pacific Fishery Management Council (NPFMC) reestablished its "Crab Advisory Committee" and created positions for community representatives and crew members on the Committee. City of Kodiak Manager Freed was appointed to the Committee upon the recommendation of the Kodiak City Council and the Kodiak Island Borough Assembly. At about the same time, the Crewmen's Association requested that the Kodiak City Council and the Kodiak Island Borough Assembly pass a resolution supporting their efforts before the NPFMC related to the BSAI crab rationalization program. The Crewmen's Association's resolution was referred to the Kodiak Fisheries Advisory Committee (KFAC) for review and comment. In late December, the KFAC substantially revised the resolution and returned it to the City and Borough for consideration. Since then, the Crab Advisory Committee and the NPFMC have met and discussed the crab rationalization program at length. As a result of actions at these meetings, this resolution has been drafted that attempts to address the concerns of the Crewmen's Association and the KFAC and to recognize the status of the BSAI crab rationalization program at the NPFMC. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 6 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Jeffrey, and Lynch. Ordinances for Introduction • Two items were approved under consent agenda. Other Items A. Assembly Appointment to the Mission Lake "Tidegate" Service Area Board. BRANSON moved to appoint Mr. Al Burch for a term to expire 2009 on the Mission Lake "Tidegate" Service Area Board. Per KIBC 4.130.020 Board the Mission Lake "Tidegate" Service Area Board shall consist of three (3) members appointed by the assembly. Mr. Al Burch has submitted his application for the seat to expire 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, and Stutes. B. Resignation of Assembly Member Jeffrey and Appointment of a New Assembly Representative on the Kodiak College Council. BRANSON moved to accept the resignation of Assembly member Jeffrey and appoint Assembly member Friend as the Assembly representative on the Kodiak College Council. Assembly member Jeffrey was employed by Kodiak College and she can no longer serve as an Assembly representative on the College Council. Drawn by lot, Assembly member Friend was chosen to replace Assembly member Jeffrey. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Stutes, and Branson. C. Assembly Appointment to the Citizens Board of Equalization. STUTES moved to appoint Cassandra Juenger to the vacant seat on the Board of Equalization for a term to expire December 31, 2008. Ms. Cassandra Juenger currently serves on the BOE as an alternate. She requested that the Assembly appoint her to the regular seat vacated by Assembly member Stutes. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, and Jeffrey. Kodiak Island Borough Assembly Minutes March 20, 2008 Page 7 CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated +I-re-Assistant Clerk Kilborn and Nathan Wolford. Assembly member Stutes congratulated all the employees who were awarded. She agreed about the comments regarding the venue for the upcoming NPFMC meeting in Kodiak. She inquired about the prioritization of the CIP lists. Assembly member Jeffrey explained the prioritization of the CIP lists. She also agreed about the venue. She congratulated Assistant Clerk Kilborn. She appreciated Mr. Quick's comment. Assembly member Branson congratulated the Employee of the Quarter awardees, Employee of the Year, and Student of the Month. The next Assembly work session will be held on Thursday, March 27, 2008 in the Borough Conference Room and the next Regular Meeting will be held on Thursday, April 3, 2008 in the Borough Assembly Chambers. The Borough Offices will be closed on Monday, March 31 in observance of Seward's Day. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Jeffrey, and Lynch. The meeting adjourned at 6:15 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes March 20, 2008 Page 8 TITLE: ITEM NO: 9.A Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017.) SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL:, 201W All MEETING The Planning & Zoning Commission initiated this investigation by motion at the December 2007 regular meeting at the request of the Alaska Department of Transportation & Public Facilities (ADOT /PF). ADOT &PF would like to have the property zoned appropriately for airport uses before they proceed with the appraisal and acquisition of the land, the bulk of which is owned by the Ouzinkie Native Corp. (surface estate) and the Koniag Regional Native Corp. (subsurface estate). ADOT /PF has provided airport design maps which describe the lands to be acquired and assembled for the new Ouzinkie Airport. These maps do not provide the kind of boundaries that correspond to legal descriptions that staff normally requires for the mapping of zone boundaries. The airport design maps are accurate enough, and can be obtained in electronic format, so that the recommended zone can be accurately incorporated into the existing zoning map for the area. After a public hearing was held on February 20, 2008, the Commission recommends the Kodiak Island Borough Assembly rezone the three parcels identified in the application and case packet totaling approximately 157 acres ( + / -) based on the Commission's review and recommendation. This case is now being forwarded to the Kodiak Island Borough Assembly with "Findings" as required in KIBC 17.72.020.A. The findings have been incorporated into a draft ordinance which has been prepared for Assembly introduction. In addition, selected materials reviewed by the Commission are included with this packet for Assembly consideration. APPROVAL FOR AGENDA: i ‘rjr RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -16. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -18 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING THREE (3) PARCELS OF LAND ON SPRUCE ISLAND TOTALING APPROXIMATELY 157 ACRES FROM C- CONSERVATION TO LI -LIGHT INDUSTRIAL (P&Z CASE 08 -017.) WHEREAS, the Alaska Department of Transportation & Public Facilities (ADOT &PF) has indicated the land proposed for rezone is going to be acquired to build a new Ouzinkie airport; and WHEREAS, ADOT &PF would prefer the land to be rezoned to allow airport use before it is appraised for acquisition in order to ensure the process is fair and equitable; and WHEREAS, the P &Z Commission found the site in need of rezoning to permit a new Ouzinkie airport to be constructed to the latest standards promulgated by ADOT &PF in order to promote improved safety for air traffic to the community and to allow the abandonment of the old airport site adjoining the Ouzinkie townsite; and WHEREAS, the abandonment of the old Ouzinkie airport will also provide additional area for community growth and expansion; and WHEREAS, the P &Z Commission held a public hearing on February 20, 2008 as part of the review for this case; and WHEREAS, the Commission finds the request to be generally consistent with the goals and objectives of the 2007 Kodiak Island Borough Comprehensive Plan Update; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone the three parcels identified on the ADOT &PF airport design, totaling approximately 157 acres, from C- Conservation to LI -Light Industrial; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT Section 1: This ordinance is not of general application and shall not be codified. Section 2: Kodiak Island Borough, Alaska Requested by: P & Z Commission Drafted by: CDD Staff Introduced: 03/20/2008 Public Hearing: 04/03/2008 Adopted: The three parcels of land identified in the ADOT &PF airport design dated October 22, 2007, totaling approximately 157 acres, are hereby rezoned from C- Conservation to LI -Light Industrial. Ordinance No. FY2008 -18 Page 1 of 2 Section 3: 17.72.020 A. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed LI -Light Industrial zoning district is generally consistent with the objectives of the 2007 Kodiak Island Borough Comprehensive Plan Update and the incorporated Ouzinkie Annex to that plan. ATTEST: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: Findings as to the Need and Justification for a Change or Amendment. The proposed rezone of the new Ouzinkie Airport from C- Conservation to LI -Light Industrial is appropriate for the development of a new airport to serve the Ouzinkie community. The rezone will eliminate the nonconforming status of the existing airport (in the R1- Single- family Residential zoning district) and allow the expansion of the airport to improve safety, increase capacity, and generally bring the new airport into full compliance with all applicable FAA regulations pertaining to utility airports. After the zoning becomes effective, a single conditional use permit (approved by the Commission concurrently with this rezone) will allow all future airport related development as a "use -by- right" that is eligible for "over -the- counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2008 -18 Page 2 of 2 Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017.) 0\ ,� 3 City of Ouzinkie PO Box 109 Ouzinkie, AK 99644 ADOT & PF Airport & Highway Maintenance 1500 Anton Larsen Road Kodiak, AK 99615 Jon Bergstedt, Etal PO Box 1743 Kodiak, AK 99615 Tersesa A. Victor, SR /WA State of Alaska ADOT & PF PO Box 196900 Anchorage, AK 99619 -6900 Ouzinkie Native Corp. PO Box 89 Ouzinkie, AK 99644 Koniag, Inc. 104 Center Avenue, Ste. 205 Kodiak, AK 99615 Ocean Beauty Seafoods, Inc. PO Box 1457 Kodiak, AK 99615 Bureau of Land Management 222 W. 7th Avenue, #13 Anchorage, AK 99513 Ouzinkie Tribal Council PO Box 113 Ouzinkie, AK 99644 Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017.) 0\ ,� 3 A public hearing will be held on Thursday, April 3, 2008 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017.) If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486- 9391, Email to njavierCcr�kodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on April 3, 2008. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. Attachments: • Ordinance No. FY2008 -18 • Map • Public hearing form Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier @kodiakak.us NOTICE OF PUBLIC HEARING PUBLIC HEARING FORM Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08 -017.) ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: . %kitten comments may be submitted by email to niavier@kodiakak us, fax to 9 07 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday April3 2008 v.\ ` M�t 1. f L1.nf _2, 1_3.1r 3, 1i I_] rc 4_111/ ].m 2 L 0 330.x. ].0 $ 5 D 14CL00' M[01 J i I 1i1 1 I I I 1 I 1 I I ■ 1 1 I I 1 1 1 1 1 1 I I 1 1 1 i1 I 1 1 1 1IIII I 1 1 1 / 1 1 1 ! 1 11 I 1 1 1 1 I 1 1 1 1 Ill I 1 1 1 I I I 1 I I 1 _I II I I. 1 #Q� • fi A • 2 r 1 A 8 1 b D m r 85 12 x.„ \`� \ \�@ �� .•�. .30001eS, �1 -F i$47 • \6.. + �k 0]Y] 8 m m m z r 0 4 7 0 d 9 L N n to 1 Regular session closed: Public hearing open: Public hearing closed: Regular session open: The question was called, and it FAILED 6 -0. *04047 Request an investigation of a rezone, according to KIBC 17.72.030.B (Manner of Initiation) to consider the rezone of approximately 157 acres of land comprising the new Ouzinkie Airport from C- Conservation to LI -Light Industrial; and A two conditional use permits, per KIBC 17.27.040 and KIBC 17.13.040.B (Conditional Uses) to permit airport related uses as permitted uses in the LI -Light Industrial zoning district and to provide an interim CUP for airstrip in the C- Conservation zoning district until the LI -Light Industrial zone becomes effective. Cassidy reported this is a rezone of property in Ouzinkie that will be the site of the future Ouzinkie airport. The existing airport has problems, the location of the landfill is adjacent to the airport, something not permitted to eliminate bird and plane conflicts, and there is a need for a longer runway. We are taking a number of actions at the request Of DOT who wants to move forward with the appraisal and property acquisition of the parcels. The first is a rezone of the area from C- Conservation to LI -Light Industrial, but because this takes an additional two reading by the Assembly, other actions are required. Secondly, two CUP's, one is an interim measure until the zoning is approved by the Assembly. An airport is a conditional use in the Conservation zone, and the other is to allow for all other airport uses(support business and uses). Staff recommends approval of the rezone and the two conditional permits. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of three parcels as generally identified by ADOT /PF, totaling approximately 157 acres, from C- Conservation to LI -Light Industrial, and to adopt the "Findings of Fact" in the staff report dated February 7, 2008 in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The proposed rezone of the new Ouzinkie Airport from C- Conservation to LI- -Light Industrial is appropriate for the development of a new airport to serve the Ouzinkie community. The rezone will eliminate the nonconforming status of the existing airport and allow the expansion of the airport to improve safety, increase capacity, and generally bring the new airport into full compliance with all applicable FAA regulations pertaining to utility airports. After the zoning February 20, 2008 P & Z Commission Meeting Minutes Page 3 of 10 becomes effective, a single conditional use permit will allow all future airport related development as a "use -by- right" that is eligible for "over- the - counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed LI- -Light Industrial zoning district is generally consistent with the objectives of the 2007 Kodiak Island Borough Comprehensive Plan Update and the incorporated Ouzinkie Annex to that plan. The question was called, and it CARRIED 6 -0. COMMISSIONER WATKINS MOVED TO GRANT a conditional use permit (CUP) in accordance with KIBC 17.13 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Department of Transportation & Public Facilities, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case.. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: FINDINGS OF FACT (Applicable to both the C- Conservation and LI -Light Industrial zones as indicated within) 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Ouzinkie Airport is a nonconforming land use located within the R1- Single- family Residential zoning district. The airport needs to be substantially expanded and rebuilt in order to me current ADOT &PF and FAA standards for utility airports. Moving the airport farther away from the Ouzinkie Townsite will allow for the development of a new utility airport which will not inhibit the future growth of the Ouzinkie community and which will improve the safety of flight operations to and from the community. The proposed airport is located in a largely undeveloped area so that airport generated noise and traffic is less likely to be a nuisance to the majority of Ouzinkie residents. In addition to the air traffic safety improvements, the new airport will provide greater opportunity for airport related services to be developed which may also benefit the community. A conditional use permit (CUP) to allow a utility airport in the C- Conservation zoning district will provide an interim approval to allow the airport project to move forward while the CUP for the LI -Light Industrial zone is awaiting its effective date. The CUP for the LI- Light Industrial zone is intended to provide for long term approval of future airport and February 20, 2008 P & Z Commission Meeting Minutes Page 4 of 10 airport related developments, essentially making them an "over- the - counter" permit review. The LI -Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the new utility airport project is reviewed for zoning compliance, whether the site is zoned C- Conservation or LI -Light Industrial, ADOT &PF will be required to submit a detailed site plan for review by borough staff. Staff will then ensure that the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. 3. That granting the conditional use -permit will not be harmful to the public health, safety, convenience and comfort The Ouzinkie Airport has been operating at its present location for many years. This location is makes the use a non - conformity in the R1- Single - family Residential zoning district. In addition, the location of the existing airport is not ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location may increase a conflict between air traffic and birds that are attracted to the Ouzinkie landfill. Granting the interim CUP in the C- Conservation zoning district, and the long -term CUP to allow the new utility airport and all airport related uses in the LI -Light Industrial zoning district, will benefit the public health, safety, convenience and conform by improving air safety for traffic to and from the community. In addition, the new airport, located away from the Ouzinkie Townsite, will allow more room for community growth and will distance airport noise and traffic from the majority of community residents. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The C- Conservation conservation zoning district has substantial setbacks and minimum lot dimensions that can all be met based on the land status maps submitted by ADOT &PF. While the LI- -Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT &PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The relocation of the airport farther north of the Ouzinkie Townsite ensures that there will adequate land area for these standards to be accommodated in the design and construction of the new airport. The question was called, and it CARRIED 6 -0. COMMISSIONER JANZ MOVED TO GRANT a conditional use permit (CUP) in accordance with KIBC 17.27 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Department of Transportation & February 20, 2008 P & Z Commission Meeting Minutes Page 5 of 10 Public Facilities, subject to one (1) condition of approval, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: CONDITION OF APPROVAL 1. The conditional use permit (CUP) does not become effective until the KIB Assembly adopts an ordinance to change the zoning of the site to LI -Light Industrial. FINDINGS OF FACT (Applicable to both the C- Conservation and LI -Light Industrial zones as indicated within) 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Ouzinkie Airport is a nonconforming land use located within the R1- Single- family Residential zoning district. The airport needs to be substantially expanded and rebuilt in order to me current ADOT &PF and FAA standards for utility airports. Moving the airport farther away from the Ouzinkie Townsite will allow for the development of a new utility airport which will not inhibit the future growth of the Ouzinkie community and which will improve the safety of flight operations to and from the community. The proposed airport is located in a largely undeveloped area so that airport generated noise and traffic is less likely to be a nuisance to the majority of Ouzinkie residents. In addition to the air traffic safety improvements, the new airport will provide greater opportunity for airport related services to be developed which may also benefit the community. A conditional use permit (CUP) to allow a utility airport in the C- Conservation zoning district will provide an interim approval to allow the airport project to move forward while the CUP for the LI -Light Industrial zone is awaiting its effective date. The CUP for the LI- Light Industrial zone is intended to provide for long term approval of future airport and airport related developments, essentially making them an "over- the - counter" permit review. The LI -Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the new utility airport project is reviewed for zoning compliance, whether the site is zoned C- Conservation or LI -Light Industrial, ADOT &PF will be required to submit a detailed site plan for review by borough staff. Staff will then ensure that the conditional February 20, 2008 P & Z Commission Meeting Minutes Page 6 of 10 use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. 3. That granting the conditional use - permit will not be harmful to the public health, safety, convenience and comfort The Ouzinkie Airport has been operating at its present location for many years. This location is makes the use a non - conformity in the R1- Single - family Residential zoning district. In addition, the location of the existing airport is not ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location may increase a conflict between air traffic and birds that are attracted to the Ouzinkie landfill. Granting the interim CUP in the C- Conservation zoning district, and the long -term CUP to allow the new utility airport and all airport related uses in the LI -Light Industrial zoning district, will benefit the public health, safety, convenience and conform by improving air safety for traffic to and from the community. In addition, the new airport, located away from the Ouzinkie Townsite, will allow more room for community growth and will distance airport noise and traffic from the majority of community residents. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The C- Conservation conservation zoning district has substantial setbacks and minimum lot dimensions that can all be met based on the land status maps submitted by ADOT &PF. While the LI- -Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT &PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The relocation of the airport farther north of the Ouzinkie Townsite ensures that there will adequate land area for these standards to be accommodated in the design and construction of the new airport. The question was called, and it CARRIED 6 -0. C) Case 03 -010. A request for rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 and Isthmus Bay Subdivision, Lot 2 from C- Conservation and RR2 -Rural Residential Two to RNC -Rural Neighborhood Commercial. Cassidy reported this case was postponed pending the completion of the Comp Plan. It was actually postponed twice. In your packet you will find a supplemental Memorandum for your consideration on this case, and in it is a somewhat different recommendation. It results from discussions we have had with the petitioner since the work session. The desire of the applicants is to remove the lot line between the two parcels creating one larger 13 acre parcel, so instead of rezoning two parcels, you will be considering the rezoning of one parcel. Some of this had to do with access issues with the two landlocked lots. Staff is concerned about this much Rural Neighborhood Commercial land in the area especially since the desire of the community is for smaller scaled business that will support the Chiniak community as well as provide opportunities for tourism to take advantage of Chiniak's recreational and scenic attributes. Mr and Mrs. Lucas have agreed to a plat note that states that no future subdivision of the property will occur. Staff February 20, 2008 P & Z Commission Meeting Minutes Page 7 of 10 MEMORANDUM DATE: February 7, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 20, 2008 Regular Meeting CASE: 08 -017 Public Hearing Item VI -B APPLICANT: KIB Planning & Zoning Commission AGENT: Teresa A. Victor, SR/WA, Right -of -Way Agent ADOT/PF REQUEST: Investigation of a rezone, according to KIBC 17.72.030.B (Manner of Initiation) to consider the rezone of approximately 157 acres of land comprising the new Ouzinkie Airport from C- Conservation to LI -Light Industrial; and, Two conditional use permits, per KIBC 17.27.040 and KIBC 17.13.040.B (Conditional Uses) to permit airport related uses as permitted uses in the LI -Light Industrial zoning district and to provide an interim CUP for airstrip in the C- Conservation zoning district until the LI -Light Industrial zone becomes effective. LOCATION: Generally located North of the City of Ouzinkie and along the West end of Spruce Island ZONING: C- Conservation Nine (9) public hearing notices were mailed on January 24, 2008. Date of site visit: No site visit was conducted 1. Zoning History: The 1968 Comprehensive Plan did not address this area. All land previously zoned U- Unclassified, or which were not previously zoned, were subsequently zoned C- Conservation by KIB Ordinance 77 -15 -0. 2. Lot Size: Parcel 1 133.27 acres Parcel 2 5.484 acres Parcel 8 17.906 acres (Note: Parcel designations are from ADOT /PF status maps since the parcels don't actually have a typical legal description at this time. The surface estate of Parcels 1 and 8 belong to Ouzinkie Native Corp. and the subsurface estate to Koniak Corp. Parcel 2 belongs to the State of Alaska.) Case 08- 017 /Staff Report Page 1 of 10 P & Z: February 20, 2008 5. Comprehensive Plan: 6. Applicable Regulations: Case 08 -017 /Staff Report Public Hearing Item VI -B 3. Existing Land Use: 4. Surrounding Land Use and Zoning: North: Unsubdivided & Unsurveyed Land Use: Vacant Zoning: C- Conservation South: Unsubdivided & Unsurveyed Land Use: Vacant Zoning: C- Conservation and R1- Single- family Residential East: Unsubdivided & Unsurveyed Land Use: Vacant Zoning: C- Conservation West: Lots 3, 5 and 16, USS 5691 Use: All three tracts are Vacant Zoning: C- Conservation All parcels are currently vacant The 2007 Kodiak Island Borough Comprehensive Plan Update identifies this general area for future airport use. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.02.020 Reference and Use. In accordance with Alaska Statutes, zoning decisions shall b based upon the recommendations contained in the comprehensive plan. 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. The Kodiak Island Borough Comprehensive Plan Update, 2007, prepared by Cogan Owens -Cogan. (Adopted by Ordinance No. 2007 -10, effective December 6, 2007); 17.72.030 Manner of initiation. Changes in this title maybe initiated in the following manner: A. The borough assembly upon its own motion; *B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Page 2 of 10 P & Z: February 20, 2008 e 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. 17.27.040 Conditional Uses. A. New airports (when a facility is granted a CUP, all aviation related uses will be considered permitted uses). COASTAL MANAGEMENT APPLICABLE POLICIES The Planning & Zoning Commission initiated this review at the December 2007 regular meeting on the basis of a letter request submitted by the Alaska Department of Transportation & Public Facilities (ADOT/PF). Although that makes the Commission the ostensible applicant in this case, it is clear from the record that Teresa A. Victor, ROW specialist for ADOT /PF would be best described as the "Agent" for this case. Although Ms. Victor cannot appear at this month's Commission meeting, she has submitted written requests explaining, however briefly, the need Public Hearing Item VI -B A state coordinated coastal review has already been completed for this site utilizing the standards contained in regulations pertaining to the Alaska Coastal Management Program (ACMP), In addition, the enforceable policies formerly promulgated under the 1983 Kodiak Island Borough Coastal Management Plan were terminated by process of state law on September 1, 2007. Although the KIB can still utilize the standards in its local zoning and permit review processes due to the fact they are still adopted by borough ordinance, it appears that such a review in this context would not lead to a productive outcome given that all other state and federal agencies have already accepted this site for airport development (with or without stipulations). Staff notes that the C- Conservation zoning district is one of the few zoning district that were substantially re- written and amended to include certain policy provisions from the 1983, KIB Coastal Management Plan to the extent that such policies were determined by the P &Z Commission and Assembly to be feasible and prudent. Case 08- 017 /Staff Report COMMENTS Page 3 of 10 P & Z: February 20, 2008 ZONING /USE: Public Hearing Item VI -B for this rezone. In addition, ADOT/PF and its agents have been in contact with CDD staff for the past several years in the planning stages of this project. ADOT /PF is currently in the process of assembling the land for this new airport project and having the land zoned appropriately for the airport use is important to help determine the appropriate land values for negotiation and acquisition purposes. Although it is hoped that the project can begin this Spring/Summer 2008, there is a very real possibility that the project start could be extended to Spring/Summer 2009. The principal reason for relocating the airport to this location farther away from the Ouzinkie Townsite is to assembly additional land to design and build an airport that meets new ADOT /PF standards for local utility airports and provides all necessary FAA safety design features for said airport. The current airport location does not lend itself to lengthening the runway or making the necessary improvements per FAA standards. In addition, the current airport runway requires aircraft on approach from the East to fly near the Ouzinkie dump site which is an attractive location for Seagulls, Ravens and Eagles, among other bird species. FAA standards discourage the location of airport facilities in close proximity to landfills in order to minimize the potential for bird strikes on incoming aircraft. Relocating and rebuilding the airport improves air safety for the local residents of Ouzinkie as well as for all flight operators and visitors to the community. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 2007 Kodiak Island Borough Comprehensive Plan Update generally acknowledges that the Ouzinkie Airport will be relocated to a site northward of the existing airport and Townsite. As the final location had not been specifically communicated to the plan consultants it was not possible to pin down the location in the plan maps. As it is now, the land has still not yet been assembled into state ownership and therefore may still be considered subject to change although that would be an unlikely and surprising outcome. The land is currently vacant and it is zoned C- Conservation. The C- Conservation zoning permits utility airports as a conditional use. The limitation of this zone, based on past practice however, would require that additional airport developments would similarly have to undergo this conditional use permit (CUP) process for each new building or airport related use that is developed on the site. By zoning the site to LI -Light Industrial, a one -time CUP is all that is necessary to ensure that future airport related uses are permitted "over the counter" as a use -by- right. This has been the zoning standard applied to the Kodiak State Airport as well as the airports of Larsen Bay and Old Harbor. Staff notes that the existing airport is a nonconforming use located in the R1- Single - family Residential zoning district. This has been the case since the Assembly rezoned all of the outlying communities R1- Single- family Residential in 1977 to the extent of the municipal boundary as Case 08- 017 /Staff Report Page 4 of 10 P & Z: February 20, 2008 recognized in the incorporation of those communities. That earlier rezone was adopted as KIB Ordinance No. 77 -19 -0. As outlined in other prior rezone requests for the Kodiak State Airport, the Kodiak Municipal Airport, the Old Harbor Airport and the Larsen Bay Airport, the LI- -Light Industrial zoning district is considered the most appropriate zone for airports and airport related uses. This is due to the flexible development standards contained in the zone and the wide range of permitted and conditional uses. Clearly the inclusion of the Ouzinkie Airport in the R1- Single- family Residential zone was an oversight at the time the zoning was applied to Ouzinkie and all other incorporated communities in the borough. That, and the fact that the LI -Light Industrial zone did not exist back in 1977. In order to ensure that ADOT /PF is able to move forward with land acquisition in the short run while the rezone is being forwarded to the Assembly for further consideration, a CUP for airport development in the C- Conservation zone is being provided in this case to provide interim authorization for airport use until the LI -Light Industrial zone becomes effective. That way, an appraiser can consider whether being able to develop a utility airport has an impact on the land value using the "highest and best use" approach given that is the intended purpose for the acquisition by ADOT /PF. A CUP is also being provided for the proposed LI -Light Industrial zoning, however this CUP cannot become effective until the zoning that it is based upon becomes effective as well. LAND SUITABILITY: RECENT DEVELOPMENT TRENDS IN THE AREA: Public Hearing Item VI -B In this case, land suitability from the standpoint of airport development is largely a function of ADOT /PF in consultation with the regulations promulgated by the FAA. ADOT/PF did not submit detailed construction plans to indicate just how substantial the construction effort will need to be, but it is expected that the design takes into account local land conditions and that the airport development process will result in very substantial manipulations of the natural land form in order to create the final airport product. This will include not only substantial excavation, filling and grading to develop the runway itself, but will also include improvement of a new airport access road, apron for aircraft parking and airport related business and all taxiways, clear zones and parking zones required by FAA regulations. Staff was not able to conduct an on -site inspection of the land and so this portion of the review is based on public sources of information available to staff within the CDD. As far as staff is aware, the area proposed for the new airport is vacant. There are however three privately held tracts located along the shoreline at the West end of the propose airport area. According to Assessing, these tracts are also currently vacant and are zoned C- Conservation. The C- Conservation zoning is essentially a large lot low density single - family residential zone, however it does have provisions which allow commercial fishing use (set net sites), small scale lodges, agriculture, etc., in addition to the single - family residential use. Noise from overflying Case 08 -017 /Staff Report Page 5 of 10 P & Z: February 20, 2008 TRAFFIC IMPACTS: FINDINGS OF FACT Case 08 -017 /Staff Report Public Hearing Item VI -B aircraft on approach or more likely taking off from the airport could be an annoyance to future residential use of these tracts. This should not be any more burdensome however than the noise generated at the current airport is to the residents of the Ouzinkie Townsite, It is not expected that the improvements to the airport alone will increase the number of flights traveling to and from Ouzinkie. More likely, it would be community growth or the development of visitor related businesses that would increase the amount of traffic into and out of the community. This could be partially off -set by the airport improvements themselves which may allow local air carriers to operate larger aircraft and therefore make fewer trips to any one community. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved, and, that the Commission approve two conditional use permits to provide for immediate and uninterrupted authorization to continue with the development of the proposed new Ouzinkie Airport. APPROPRIATE MOTION REZONE Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of three parcels as generally identified by ADOT /PF, totaling approximately 157 acres, from C- Conservation to LI -Light Industrial, and to adopt the "Findings of Fact" in the staff report dated February 7, 2008in support of this recommendation. Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The proposed rezone of the new Ouzinkie Airport from C- Conservation to LI- -Light Industrial is appropriate for the development of a new airport to serve the Ouzinkie community. The rezone will eliminate the nonconforming status of the existing airport and allow the expansion of the airport to improve safety, increase capacity, and generally bring the new airport into full compliance with all applicable FAA regulations pertaining to utility airports. After the zoning becomes effective, a single conditional use permit will allow all future airport related development as a "use -by- right" that is eligible for Page 6 of 10 P & Z: February 20, 2008 Public Hearing Item VI -B "over- the - counter" zoning compliance review. The proposed rezone will not create any nonconforming lots or uses. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed LI- -Light Industrial zoning district is generally consistent with the objectives of the 2007 Kodiak Island Borough Comprehensive Plan Update and the incorporated Ouzinkie Annex to that plan. APPROPRIATE MOTIONS CONDITIONAL USE PERMIT Should the Commission agree with the staff recommendation, the appropriate motions are: Move to grant a conditional use permit (CUP) in accordance with KIBC 17.13 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Department of Transportation & Public Facilities, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case. Move to grant a conditional use permit (CUP) in accordance with KIBC 17.27 and 17.67 to allow the development of a new utility airport (as defined in KIBC 17.06.014) to be located north of Ouzinkie on a site approximately 157 acres in area, as generally described in the application materials submitted by the Alaska Department of Transportation & Public Facilities, subject to one (1) condition of approval, and to adopt the findings contained in the staff report dated February 7, 2008 as FINDINGS OF FACT for this case. Condition of Approval 1. The conditional use permit (CUP) does not become effective until the KIB Assembly adopts an ordinance to change the zoning of the site to LI -Light Industrial. FINDINGS OF FACT (Applicable to both the C- Conservation and LI -Light Industrial zones as indicated within) 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The existing Ouzinkie Airport is a nonconforming land use located within the R1- Single- family Residential zoning district. The airport needs to be substantially expanded and rebuilt in order to me current ADOT &PF and FAA standards for utility Case 08- 017 /Staff Report Page 7 of 10 P & Z: February 20, 2008 Public Hearing Item VI -B airports. Moving the airport farther away from the Ouzinkie Townsite will allow for the development of a new utility airport which will not inhibit the future growth of the Ouzinkie community and which will improve the safety of flight operations to and from the community. The proposed airport is located in a largely undeveloped area so that airport generated noise and traffic is less likely to be a nuisance to the majority of Ouzinkie residents. In addition to the air traffic safety improvements, the new airport will provide greater opportunity for airport related services to be developed which may also benefit the community. A conditional use permit (CUP) to allow a utility airport in the C- Conservation zoning district will provide an interim approval to allow the airport project to move forward while the CUP for the LI -Light Industrial zone is awaiting its effective date. The CUP for the LI -Light Industrial zone is intended to provide for long term approval of future airport and airport related developments, essentially making them an "over -the- counter" permit review. The LI -Light Industrial zone will establish adequate standards that are appropriate for a utility airport and will ensure that the conditional use preserves the value, spirit, character and integrity of the surrounding area. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. At the time the new utility airport project is reviewed for zoning compliance, whether the site is zoned C- Conservation or LI -Light Industrial, ADOT &PF will be required to submit a detailed site plan for review by borough staff Staff will then ensure that the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question as part of the zoning compliance review process. 3. That granting the conditional use - permit will not be harmful to the public health, safety, convenience and comfort The Ouzinkie Airport has been operating at its present location for many years. This location is makes the use a non - conformity in the R1- Single- family Residential zoning district. In addition, the location of the existing airport is not ideal for the needed increase in runway length and safety related clearance zones. In addition, expanding the airport at its current location may increase a conflict between air traffic and birds that are attracted to the Ouzinkie landfill. Granting the interim CUP in the C- Conservation zoning district, and the long -term CUP to allow the new utility airport and all airport related uses in the LI -Light Industrial zoning district, will benefit the public health, safety, convenience and conform by improving air safety for traffic to and from the community. In addition, the new airport, located away from the Ouzinkie Townsite, will allow more room for Case 08- 017 /Staff Report Page 8 of 10 P & Z: February 20, 2008 Public Hearing Item VI -B community growth and will distance airport noise and traffic from the majority of community residents. 4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The C- Conservation conservation zoning district has substantial setbacks and minimum lot dimensions that can all be met based on the land status maps submitted by ADOT &PF. While the LI- -Light Industrial zoning district does not require setbacks from lot lines, in this case the development of the airport will be required to meet ADOT &PF and FAA standards which will ensure that sufficient setbacks, lot area buffer and other safeguards are provided. The relocation of the airport farther north of the Ouzinkie Townsite ensures that there will adequate land area for these standards to be accommodated in the design and construction of the new airport. Case 08 -017 /Staff Report Page 9 of 10 P & Z: February 20, 2008 TITLE: Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial. SUMMARY: This is a case that stems from a zoning violation. The Kodiak Winery was constructed without the required building and a zoning compliance permits. CDD staff has been writing violation letters for a number of years that has lead the petitioners to request a rezone before the Commission. The present use is a commercial enterprise (Winery Building and 5 residential rentals) on a Conservation zoned lot that does not allow for this level and type of use. This case was postponed when it was initially scheduled before the Commission in 2003 until the comprehensive plan was adopted, which occurred in December 2007. The recently adopted comprehensive plan did identify an area in this location for small scaled commercial use. This translated into the commission approving the rezoning of two Conservation and RR2 toZurai Neighborhood Commercial. This approval was subject to the following conditions or effective clauses: 1. The rezone shall not become effective until the petitioner has acquired the necessary building permit, zoning compliance permits, and septic system approvals for all existing structures on the parcel; and 2. The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the Planning and Zoning Commission with a note on the plat that states: "No future subdivision of this parcel shall occur. "; and 3. A rezone shall not become effective until a determination is made as to which structures on Lot 1, U.S. Survey 4935 are considered "grandfathered" under Borough Ordinance 80 -24 -0. This requires the petitioner to provide KIB with documentation that these structures existed prior to June 5, 1980; and 4. A rezone shall not become effective until legal access to Lot 2, U.S. Survey 4935 is created by plat or recordable document. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 3, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -19. ITEM NO: 9.B DATE: TO: THRU: FROM: SUBJ: April 2, 2008 Borough Assembly Rick Gifford, Borough Manager ef t)/ "/ Bud Cassidy, Director, Community Development Departm Trade and Manufacturing Sites KODIAK ISLAND BOROUGH Community Development Department Bud Cassi Director MEMORANDUM Introduction Assembly member Oswalt requested information on Trade and Manufacture Sites as a way to provide some history of the area. I have put this information sheet together to answer some of the questions. T & MSites — What are they? • A federal program similar to Homesteads, headquarter sites, home sites, allotments etc. • Sale of up to 80 acres of land from the Federal Government to individuals who qualify • For the purpose of trade or manufacture or other productive purpose • One parcel only • Puts land into the hands of private entities • Program no longer exists — expired in 1986. Federal land law now manages the remaining public lands for long -term retention. How to Qualify • File an application with the Bureau of Land Management (BLM) • Property is reviewed by the BLM • Property must be staked • Used for settlement purposes • Cannot be 4 times long as it is wide • Must be "proved up" on (built upon) • Cost of purchase, survey and platting is the responsibility of the applicant • If no adverse claim by others a patent (transfer of title) is issued by the BLM Conclusion • Once acquired, there are no federal and state restrictions. • Must adhere to local land use regulations • Property can be subdivided and sold Lucas Case • Only the lot along the highway (Lot 2, Isthmus Subdivision) is from a T &M Site (Stratman' T & M Site). • Looking through federal property records, it is not clear whether the property that houses the winery (Lot 1, U.S. Survey 4935) is a T & M site, home site etc. • As stated above, all land is subject to local zoning regulations. SUBSTITUTED COPY KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -19 Introduced by: Manager Gifford Requested by: P &Z Commission Drafted by: CD Director Cassidy Introduced: 03/20/2008 Public Hearing: 04/03/200 Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING TWO LOTS IN CHINIAK TOTALING THIRTEEN (13) ACRES FROM C- CONSERVATION AND RR -2 RESIDENTIAL TWO TO RNC — RURAL NEIGHBORHOOD COMMERCIAL WHEREAS, petitioner has requested this rezone in an effort to bring their commercial operation into compliance; and WHEREAS, the Planning and Zoning Commission first postponed action on this case in 2003 pending final adoption of a new Kodiak Island Borough Comprehensive Plan; and WHEREAS, the Commission resumed action on the case at its February 20, 2008 regular meeting; and WHEREAS, the Commission finds the rezone request to be generally consistent with the newly adopted Kodiak Island Borough Comprehensive Plan; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone Lot 1, U.S. Survey 4935 from C- Conservation to RNC — Rural Neighborhood Commercial and Lot 2, Isthmus Bay Subdivision from RR2- Rural Residential Two to RNC- Rural Neighborhood Commercial. NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of general application and shall not be codified. Section 2: The two lots identified, totaling 13 acres are rezoned from RR2 — Rural Residential Two and C- Conservation to RNC- Rural Neighborhood Commercial Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows 17.72.020A. Findings as to the Need and Justification for a Change or Amendment. The rezone to RNC- Rural Neighborhood Commercial is consistent with the community's desire to have small scaled commercial uses that will serve the Chiniak Community as well as provide for a fledging tourism industry to take advantage of the recreational and scenic qualities found in Chiniak. Kodiak Island Borough Ordinance No. FY2008 -19 Page 1 of 2 SUBSTITUTED COPY 17.72.020 B Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the expressed recommendations contained in the 2007 Kodiak Island borough Comprehensive Plan. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -19 Page 2of2 23 March 2008 KIB Assembly Members KIB Manager R' MAR 2 4 2008 Subj: Ordinance No. FY 2008 -19 Rezoning Two Lots in Chiniak I ask that the Assembly vote down the subject Ordinance. There is a subtle, though distinct conflict between the proposed Ordinance, and the KIB Comprehensive Plan recently adopted by KIB Ordinance. Until Friday 3/22/08, I was not opposed to the rezoning, but on that day, I spoke with the KIB Community Development Department. I was informed that the KIB has received legal opinion that the "Description and Intent" language in zoning ordinances are not enforceable. The staff informed me that this language is used typically only for the initial zoning decision. RNC Zoning — as proposed in the subject Ordinance, contains adequate language in the "17.22.010 Description and Intent" to reflect the community's desires as expressed in the Comp Plan. But, per staff, this language is not enforceable once a property is designated RNC. The paragraph "Permitted principal uses and structures" becomes the only enforcement tool. RNC Zoning has no limitations under "17.22.020 Permitted principle uses and structure" which could ensure the Comp Plan, and therefore the community's desires are protected. (By comparison, the UNC Zoning Ordinance has some limitations, but the RNC does not.) Therefore; this is the DISTINCT conflict between the proposed Ordinance and the approved Comp Plan Ordinance. By adopting the proposed Ordinance to rezone 2 lots in Chiniak, the KIB would be automatically opening the door to permitted uses which are inconsistent with the approved Comp Plan. By adopting the subject Ordinance, the KIB and the community loose control and the ability to enforce the approved Comp Plan. Of note; Permitted uses are not subject to any public process or review. So, for instance, if the proposed Ordinance is adopted, ANY size of motel could be built on the property, and no one could say or do anything about it. And, since the property would now be 13 acres in size (RNC Minimum — and I assume the targeted - lot size is 2 acres) .....you get the point; almost unrestricted development is possible in my mind. ICE The KIB staff, and P &Z are trying to normalize the existing uses on the property, and fit what is there, to an existing Zoning Ordinance (RNC). Without the "Description and Intent" language, RNC is toothless in preserving the Comp Plan and community desires. The property owner is trying to get things squared away, and as I understand it, sell the property. That's Ok with me. The property owner should not be disadvantaged for inadequacies in the planning /zoning process /ordinances. The community is trying to preserve what was expressed and approved in the Comp Plan. That is my interest and reason for writing this letter. I don't think we have found a solution yet, that satisfies all three interests. Alternatives include; leaving the lots and zoning as -is, modifying the RNC to include limitations on size of development, and attaching guiding (protective) language to the current Ordinance. There may be others, but it might take more KIB staff and legal review to reach a suitable conclusion. Please do not approve the proposed Ordinance. Thanks — John Miller Box 5607 Kodiak 99615 539 -5553 DATE: TO: FROM: SUBJ: Introduction Chiniak Case Conclusion March 22, 2008 Rick Gifford, Borough anager Bud Cassidy, Direc KODIAK ISLAND BOROUGH Communi Dewlopment Department Bird Cassidy, Director MEMORANDUM munity Development Department Notice Requirements — Chiniak Neighborhood At the Assembly work session on March 20, 2008 and under audience comments a number of Chiniak residents expressed concern that they were not notified of this rezone action. The Mayor asked that the Community Development Department investigate and provide the Assembly an update on the issue. Legal Notice Requirements Borough Code states the following: The community development department shall send to each owner of property within a minimum distance of three hundred (300) feet of the exterior boundary of the lot or parcel of the land described in the application .. . As a generally rule, in rural areas we extend that notification limit to 500 feet or in some cases 1000 feet. If an action is close to a community, we send a public hearing notice to the city offices of that community. In this case, staff sent public hearing notices beyond the required 300 feet notification distance and included almost all property owners out to the 1000 feet. Attached is the public hearing notice, map, and a list of property owners who were notified. Staff has met the legal requirements as it relates to informing all owners of property within the required 300 foot notification boundary set out in Borough code. This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 - 9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, February 13, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 20, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 03 -010 APPLICANT: John & Judy Lucas REQUEST: A request for rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 and Isthmus Bay Subdivision, Lot 2 from C- Conservation and RR2 -Rural Residential Two to RNC -Rural Neighborhood Commercial. LOCATION: 38057 Chiniak Highway, Chiniak ZONING: C- Conservation and RR2 -Rural Residential Two t t QZve Pt - t' V5 rna.it - C i j 5 � •Ni \` N't4 y 'N) ez 1 6-1 c n h-4 4"‹) JOHN & JUDITH LUCAS PO BOX 5630 CHINIAK, AK 99615 KATHLEEN WYNNE ETAL PO BOX 3686 KODIAK, AK 99615 DONALD CORNELIUS ETAL PO BOX 1863 KODIAK, AK 99615 JOHN SEVIER 10216 35TH LANE S.E. OLYMPIA, WA 98513 JOHN FIORENTINO PO BOX 485 KODIAK, AK 99615 DALE & MARIE RICE LIVING TRUST 10746 BELLS FLATS RD KODIAK, AK 99615 KIRK MCCORMICK PO BOX 5614 KODIAK, AK 99615 Leisoni, Inc. 2000 Dowling Rd, Suite 3 Anchorage, AK 99507 BRENT & SYBIL MCCORMICK P.O. BOX 941 KODIAK, AK 99615 CORNELIUS & SMITH P.O. BOX 1863 KODIAK, AK 99615 ALASKA DIVERSIFIED INC. 960 SE HWY 101 #A184 LINCOLN CITY, OR 97367 DATE: TO: THRU: FROM: SUBJ: KODIAK ISLAND BOROUGH Comm uni De w lopm en t Depa rtm e n t Bud Cassidy, Director April 2, 2008 Borough Assembly Rick Gifford, Borough Manager MEMORANDUM G'C Bud Cassidy, Director, Community Development Departm Trade and Manufacturing Sites Introduction Assembly member Oswalt requested information on Trade and Manufacture Sites as a way to provide some history of the area. I have put this information sheet together to answer some of the questions. T & MSites — What are they? • A federal program similar to Homesteads, headquarter sites, home sites, allotments etc. • Sale of up to 80 acres of land from the Federal Government to individuals who qualify • For the purpose of trade or manufacture or other productive purpose • One parcel only • Puts land into the hands of private entities • Program no longer exists — expired in 1986. Federal land law now manages the remaining public lands for long -term retention. How to Qualify • File an application with the Bureau of Land Management (BLM) • Property is reviewed by the BLM • Property must be staked • Used for settlement purposes • Cannot be 4 times long as it is wide • Must be "proved up" on (built upon) • Cost of purchase, survey and platting is the responsibility of the applicant • If no adverse claim by others a patent (transfer of title) is issued by the BLM Conclusion • Once acquired, there are no federal and state restrictions. • Must adhere to local land use regulations • Property can be subdivided and sold Lucas Case • Only the lot along the highway (Lot 2, Isthmus Subdivision) is from a T &M Site (Stratman' T & M Site). • Looking through federal property records, it is not clear whether the property that houses the winery (Lot 1, U.S. Survey 4935) is a T & M site, home site etc. • As stated above, all land is subject to local zoning regulations. John & Judith Lucas PO Box 5630 Chiniak, AK 99615 Kathleen Wynne Etal PO Box 3686 Kodiak, AK 99615 Donald Cornelius Etal PO Box 1863 Kodiak, AK 99615 John Sevier 10216 35 Lane S.E. Olympia, WA 98513 Mary Cichoski Estate 1844 Mission Road, #3 Kodiak, AK 99615 David & Elizabeth Odell PO Box 5589 Kodiak, AK 99615 Ernest Scheidler PO Box 8371 Kodiak, AK 99615 John Williams 4445 S.E. Rural Portland, OR 97206 John Fiorentino PO Box 485 Kodiak, AK 99615 Dale & Marie Rice Living Trust 10746 Bells Flats Road Kodiak, AK 99615 Kirk McCormick PO Box 5614 Kodiak, AK 99615 Leisnoi, Inc. 2000 Dowling Road, Suite 3 Anchorage, AK 99507 Brent & Sybil McCormick PO Box 941 Kodiak, AK 99615 Cornelius & Smith PO Box 1863 Kodiak, AK 99615 Alaska Divestified, Inc. 960 S.E. Hwy. 101 #A184 Lincoln City, OR 97367 Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial. vloH 'r ,n 31 VvidA cfpA-(‘ r v 'A N ) 14C4 N fl 4) V ) 1 ,, 'S \ , rn Cfp IC4 NC O rr . O :, Aga � N 1\ , � \ Or' c.1 Z CV If you have any questions, please call 486 -9310. Attachments: • Ordinance No. FY2008 -19 • Map • Public hearing form Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, April 3, 2008 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial. If you do not wish to testify verbally, you may provide your comments in the attached public hearing form and fax it to (907) 486- 9391, Email to nlavier( kodiakak.us or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on April 3, 2008. Comments favoring and opposing are encouraged. PUBLIC HEARING FORM Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial. ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to njavierkodiakak.us, fax to 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, April 3, 2008. cl, M v N ‘■)- N. Nt i \ V tl' l'.- t. \' oi cn 1( Z \ '\ E--, zq Z.\ map Rental Rental u improvements are not to scale; appx location only: 1 150 s 4 00 0 .- 03 N c eta c� R p © " CI) to ttt a a) �., o P - 3 W o O i! 04 O c2ci tit m a) CD CD D td • c� a�i�° • • ma E c2 O • i2o c c.) E 1 c o O 7 PI N c ■ 0 SUPPLEMENTAL MEMORANDUM DATE: February 20, 2008 TO: Planning and Zoning Commission FROM: Bud Cassidy, CDD Director SUBJECT: Additional information for the February 20, 2008 Regular Meeting CASE: 03 -010 APPLICANT: John & Judy Lucas REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 from C- Conservation to RNC -Rural Neighborhood Commercial, and Lot 2 Isthmus Bay Subdivision, from RR2 — Rural Residential Two to RNC -Rural Neighborhood Commercial. LOCATION: US Survey 4935, Lot 1 - 38057 Chiniak Highway, Chiniak Lot 2, Isthmus Bay Subdivision — 38051 Chiniak Highway, Chiniak ZONING: US Survey 4935, Lot 1 C- Conservation Lot 2, Isthmus Bay Subdivision, RR2 -Rural Residential Two Introduction Staff has been working with the applicant since the last meeting on a number of options associated with this case. We are presenting an option in this supplemental staff report that is different than the one expressed in the early staff report. It is an option that keeps the scale of future use at this site in proportion with the community and one that promotes tourism that takes advantage of the recreational opportunities and the scenic qualities found in Chiniak. It also is one that is consistent with the Chiniak section of the Comprehensive plan. Combine lots This applicant desires to combine the two lots in question (Lot 1, U.S. Survey 4935 with Lot 2, Isthmus Bay Subdivision) into one large lot. This will make one lot of approximately 13 acres in size. The desire is to have all 13 acres zoned to RNC — Rural Neighborhood Residential, but with conditions. Staff's concern with this concept is that 13 acres of RNC in one location in Chiniak is problematic. The RNC zoning district allows for lots to be subdivided into 2 acre lots. That means that a future developer can in fact subdivide this new 13 acre parcel into 6 lots. Staff feels that this may in fact be just too much commercial development at once spot affecting the character of Chiniak's rural nature. There is an option though. Plat Note To prevent a newly created 13 acre lot from being subdivided back into up to six - two acre lots, as allowed under the RNC- Rural Neighborhood Commercial zoning district, a plat note can be Case 03- 010 /Staff Report Public Hearing Item VI -C Page 1 of 11 P & Z: February 20, 2008 added to the subdivision plat (forthcoming) that does not allow for further subdivision. This plat note attempts to retain the area into one lot for the foreseeable future. It can be argued that a plat note is not necessary because any future subdivision request could come before the commission with the request to remove the plat note. (what a Planning Commission adds to a plat can be removed by a future Planning Commission during a subsequent platting process). Again, it is the intent of staff to have this note added after consultation with the applicant and because of the general feeling that 13 acres of RNC zoned land in one spot in Chiniak is excessive. Recommended Motion Should the Commission agree with the Staff recommendation, passage of the following motion would have to occur. Effective Clauses: Case 03- 010 /Staff Report RECOMMENDATION MOTION Public Hearing Item VI -C Move to approve the rezoning of Lots 1, U.S. Survey 4935 from C- Conservation to RNC — Rural Neighborhood Commercial and Lot 2, Isthmus Bay Subdivision from RR2- Rural Residential Two to RNC- Rural Neighborhood Commercial and to forward the request to the Kodiak Island Borough Assembly for further review Subject to the following Effective Clauses 1. The rezone shall not become effective until the petitioner has acquired the necessary building permits, zoning compliance permits and septic system approvals for all existing structures on the parcel; and 2. The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the planning commission with a note placed on the plat that states: "No further subdivision of this parcel shall occur. "; and 3. A rezone shall not become effective until a determination is made as to which structures on Lot 1, US Survey 4935 are considered "grandfathered" under Borough Ordinance 80- 24-0. This requires the petitioner to provide KIB with documentation that these structures existed prior to June 5, 1980; and 4. A rezone shall not become effective until legal access to Lot 2, U.S. Survey 4935 is created by plat or by recordable document. Page 2 of 11 P & Z: February 20, 2008 Staff recommends that the preceding motion be approved and the following findings of fact be adopted. RECOMMENDED MOTON Public Hearing Item VI -C Move to adopt the following findings in support of the decision for the rezone of Case 03 -010. 17.72.020A. Findings as to the Need and Justification for a change or amendment The rezone to RNC- Rural Neighborhood Commercial is consistent with the communities desire to have small scaled commercial uses that will serve the Chiniak Community as well as provide for a fledging tourism industry to take advantage of the recreational and scenic qualities found in Chiniak. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan. Case 03- 010 /Staff Report Page 3 of 11 P & Z: February 20, 2008 MEMORANDUM DATE: February 13, 2008 TO: Planning and Zoning Commission FROM: Bud Cassidy, CDD Director SUBJECT: Information for the February 20, 2008 Regular Meeting CASE: 03 -010 APPLICANT: John & Judy Lucas REQUEST: A rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 from C- Conservation to RNC -Rural Neighborhood Commercial, and Lot 2 Isthmus Bay Subdivision, from RR2 — Rural Residential Two to RNC -Rural Neighborhood Commercial. LOCATION: US Survey 4935, Lot 1 - 38057 Chiniak Highway, Chiniak Lot 2, Isthmus Bay Subdivision — 38051 Chiniak Highway, Chiniak ZONING: US Survey 4935, Lot 1 C- Conservation Lot 2, Isthmus Bay Subdivision, RR2 -Rural Residential Two Eleven (11) public hearing notices were mailed on February 1, 2008. 1. Zoning History: 2. Lot Size: Lot 1, USS 4935 Lot 2, Isthmus Bay Sub. 4. Surrounding Land Use and Zoning: Case 03- 010 /Staff Report Public Hearing Item VI -C Date of site visit: (To be scheduled prior to public hearing) The 1968 Comprehensive Plan did not address this area. All unzoned lands were zoned C- Conservation by Ordinance No. 77 -15 -0. 7 acres 5.92 acres 3. Existing Land Use: Lot 1, USS 4935 Winery and four (4) dwellings Lot 2, Isthmus Bay Sub. Vacant North: Unsurveyed Land Use: Vacant Zoning: C- Conservation South: Chiniak Highway and various lots in the Isthmus Bay Sub. (USS 5701) Use: Single Family Residents Zoning: RR2 -Rural Residential Two East: Lot 2, U.S. Survey 4938 & Isthmus Bay /Roslyn Beach Use: Single Family Dwelling Page 1 of 11 P & Z: February 20, 2008 West: Zoning: Conservation Generally Tidal Lagoon/Unsubdivided Land Use: Vacant Zoning: C- Conservation Public Hearing Item VI -C 5. Comprehensive Plan: The 1968 Comprehensive Plan does not address this area. The 1987 Chiniak Area Comprehensive Plan designates this area for residential development. The 2007 Island Wide Comprehensive Plan designated this area for Rural/Mixed Use Commercial /Residential 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The borough assembly upon its own motion; *B. The planning commission upon its own motion; C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Commercial Development 1. Natural Features Case 03- 010 /Staff Report Page 2 of 11 P & Z: February 20, 2008 Case 03- 010 /Staff Report Public Hearing Item VI -C Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: 2. Natural Setting, Views and Access 3. Dredge and Excavation Material 4. Facility Design Consistent: 5. Buffer Zones N /A. This action does not propose to construct a port, harbor, or dock. There will be no dredge or fill resulting in shoreline alteration or disturbance of anadromous streams. Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: N /A. This action will result in no change in public access to the shoreline nor adversely impact scenic views. Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: N /A. No dredging or filling is proposed. Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. N /A. No development in or over the water is proposed. There should be no adverse impacts on water quality, fish, wildlife or vegetative resources. Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: No. One of the lots proposed for a rezone is located on the Chiniak. A set back from the Chiniak Highway should be Page 3 of 11 P & Z: February 20, 2008 6. Accessory Development Consistent: 7. Wetlands Residential Development 1. Location 2. Open Space 3. Access Case 03 -010 /Staff Report Public Hearing Item VI -C considered should this lot be rezoned to a commercial designation. Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. N /A. No accessory development is proposed along the shoreline. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. No filling or drainage of water bodies, backshores or natural wetlands is proposed as part of this action. In areas with poorly - draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. Onsite well and septic systems are required to meet the standards of ADEC. Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: N /A. This request does not involve the subdivision of land. New subdivisions or other residential developments on the shoreline shall provide useable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Page 4 of 11 P & Z: February 20, 2008 I. Introduction Case 03- 010 /Staff Report Public Hearing Item VI -C Consistent: N /A. This request does not involve the subdivision of land. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: 5. Wetlands N /A. This request does not involve new residential development, but is intended to move existing development towards conformity with the zoning. Should future subdivision be required, this issue will be reviewed with regard to the hazardous lands policy. Filling and draining of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: N /A. This request does not involve filling or draining of water bodies. CASE COMMENTS Page 5 of 11 P & Z: February 20, 2008 Mr. and Mrs. Lucas have built up quite a successful business enterprise with their Winery/Gift Shop and Cottage Rental business. You can visit their well- designed website at: Their business includes a two story winery/gift shop building, and 4 cottages (single family residences). Unfortunately, much of this was accomplished without acquiring all the necessary building permits or zoning compliance permits. Department records show that one building permit was acquired. It was for a barn. A barn-like structure was constructed, but it is not being used as a barn as indicated on the application by the petitioner. It has in fact become the center piece of Lucas' venture the Kodiak Island Winery (It must be pointed out though that there are a number of houses on the parcel that may have grandfathered status. That is, these residential "frame houses" could be legal structures if the petitioners can demonstrate that they have "grandfathered" status. But even if that is the case any improvements to these structures require building permits). This case attempts to untangle this combination of zoning violations, and mixed uses found on the site with the newly adopted Comprehensive Plan, adopted zoning regulations and based on the application to rezone this property as submitted by John and Judy Lucas. II. History — Zoning Violation http: / /www.kodiakwinery.com/ This case was initiated due to zoning enforcement action by Borough staff. A zoning violation letter from the Community Development Department was sent to the petitioner informing them of their violations. Because enforcement actions by staff can be appealed to the Commission, a request to rezone was made by the petitioner to address their violations. A number of violations occur on Lot 1, USS 4935, they are: Case 03- 010 /Staff Report Public Hearing Item VI -C A. Use Violation — The uses that occur on Lot 1 are a violation because the activities that occur here far exceeds what is allowed in the C- Conservation district. As stated, Mr. and Mrs. Lucas operate a winery/retail outlet/gift shop with 4 single- family rentals. The permitted use of this C- Conservation zoned lot allows for only one single family residential structure per lot (more than one may be allowed here if any of the structures are ` grandfathered" structures). The commercial nature of the winery also presents a use violation as this area not zoned to allow the type of business activity occurring here. B. Building Code Violation — the winery building is a two story commercial structure open to the public. To receive a building permit for the type of use, the building officials require detailed drawings with specific design information. Because it is two stories, an elevator may be required. There are other building requirements that may have to be met but can only be determined once the applicant goes through the building permit process. C. Other Approvals Needed — Wastewater Disposal There are other requirements of concern that also need to be met and would have if the proper procedure was followed. Most importantly are the requirements to have a safe water source and sanitary sewer approvals from the Depai tanent of Environmental Page 6 of 11 P & Z: February 20, 2008 Conservation. Because public utilities are not provided to the site, wells and numerous septic systems would have to be approved. We have no indication how the wastewater from these five facilities is being treated. III. P & Z Public Hearing History. REZONE REQUEST This case is the continuation of two public hearings on the petitioners request for a zoning change to the property that came before the commission in 2003 only to be postponed. The Commission felt that before taking any action on this request the Kodiak Island Borough Comprehensive Plan be completed. Staff has attached the staff reports from those two cases. The important aspects of those two cases are as follows: A. June 18, 2003 P &Z Meeting Case 03- 010 /Staff Report Public Hearing Item VI -C • Elimination of one of the parcels that was originally requested for rezoning (this parcel is the site of the Lucas home. The commission felt that it was properly zoned for the use that was occurring). • Addition of another lot owned by the petitioners (This lot, Lot 2 Isthmus Subdivision, is located between the Winery and the Chiniak Highway. The Commission felt that this lot should be included and would give the winery parcel legal access and road frontage on the Chiniak Highway). • Change the rezone request from the proposed RD- Rural Development District to the RNC — Rural Neighborhood Commercial District (the commission agreed with staff the RD- District is to be used for more remote- off the road system - development and that the RNC zoning district is a more appropriate zoning district). B. September 17, 2003 P &Z Meeting • Postponed until completion of the Comprehensive Plan IV. CONFORMANCE WITH THE 2007 COMPREHENSIVE PLAN: Page 7 of 11 P & Z: February 20, 2008 Public Hearing Item VI -C The Kodiak Comprehensive Plan notes that Chiniak is changing. With paved roads leading out from town and with electrical power nearby, second homes are becoming an attraction. Chiniak is reasonably close to town, offers beautiful beaches and vistas as well as a rural lifestyle. But the community is experiencing its problems as well, most notably is the possible closure of its school. The Chiniak section of the Comprehensive Plan was closely drafted with input from members of the Chiniak community. The community is trying to develop a pattern of use that protects their rural lifestyle but at the same time promotes some small - scaled business opportunities. Through the plan, there was a desire to provide a rural mix of these uses. The plan map identifies a "node" of mixed use development in the vicinity of the winery. The plan narrative talks about this node as an area where businesses -like activities would be located that would serve the Chiniak population as well as providing recreation/tourist - oriented businesses to take advantage of the scenic and recreational qualities offered in Chiniak. The plan discourages the development of strip commercial, preferring instead to establish "nodes" of commercial development that are somewhat separated from designated residential areas. This request along with the new Comprehensive plan generally achieves this goal ... to a degree. The question for the commission to decide is whether 13 acres of RNC — Rural Neighborhood Commercial zoned land at this one "node" in Chiniak is what is called out for in the plan. ZONING /USE: A. RNC — RURAL NEIGHBORHOOD COMMERCIAL ZONING DISTRICT The Borough Zoning district that best accommodates the community desires to have "Rural/ Mixed use Commercial /Residential" is 17.22 called the RNC- Rural Neighborhood Commercial zoning district. That intent of this district provides for that "limited retail and personal services used for the consumer population in the immediate neighborhood ... with limited opportunities to support the tourist industry. This district is not intended for those types of uses that will attract either the consumer population of large segments of the community or attract large volumes of traffic The RNC -Rural Neighborhood Commercial district requires a two (2) acre minimum lot area, which is met by both of the lots proposed for rezone. In addition, the list of permitted and conditional uses provides a better fit with the existing use pattern. But this zoning district does not address all the uses occurring at the site. A winery is not specifically listed, but could be addressed through a "similar use determination" by the Commission. For that to happen the Commission would have to determine that a small - scale winery is a "similar use" to a restaurant/bar /retail store that is a permitted use in the RNC district. The many single family dwellings found on this one lot are zoning violations and are not listed as a permitted uses in the RNC zone. These structures require their own lot. Therefore, a subdivision of the lot may have to occur, or these single family residences may have to be converted to another permitted use found in the RNC zone. Case 03- 010 /Staff Report Page 8 of 11 P & Z: February 20, 2008 LAND SUITABILITY: RECOMMENDATION Public Hearing Item VI -C B. HIGHWAY ACCESS As previously indicated Lot 2, Isthmus Bay Subdivision was added to the scope of this review by the Commission. A portion of this vacant lot through a vacation and replat process could be added to Lot 1, U.S. Survey 4935 (Winery Lot) to provide the road frontage to a dedicated right of way. At present, all of these lots are in common ownership so there is an opportunity to consider many options to reconfigure the whole area. There may also be value to provide access to Lot 2, U.S. Survey 4935 because if its need to have access onto a dedicated right — of —way. Lots 1 U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision appear to be suitable for the uses currently existing in the proposed rezone area. The Commission may want the petitioners to certify that the onsite wells and septic systems are constructed to the appropriate ADEC standards. As staff has previously noted, the structures are physically separated from the Chiniak Highway and have access to the highway only by going through Lot 2 Isthmus Bay Sub., currently located in the RR2 -Rural Residential Two zoning district. ZONING DISTRICT RECOMMENDATION Staff recommends that the Commission forward this case to the Assembly only if it can find that the RNC -Rural Neighborhood zoning district is generally consistent with the Chiniak Area Comprehensive Plan at the requested location. LOT RECOMMENDED FOR REZONE Staff recommends that the RNC zone be applied only to the 7 acres of Lot 1, US Survey 4935 and any portion of Lot 2, Isthmus Bay Subdivision that will be incorporated into Lot 1 to give it the necessary road frontage. Only zoning the 7+ acres in this area is consistent in keeping with the community's desire to have small - scaled business nodes scattered throughout the Chiniak area. Having 13 acres at this one site is a substantial amount of commercial land in an area that has had very limited business use. The location of the winery and its associated commercial activity away from the main road will retain that rural atmosphere. Lastly, this rezone will move the present use towards conformity. A rezone will not address all the violations found on the property but our role is not to resolve all the issues associated with this case that is the property owner's responsibility. By not following the same laws that everyone else is required to follow, the petitioner has made this a complicated case. Should the Commission agree with the staff recommendation, the following two motions should be approved: A. Motion #1 Case 03- 010 /Staff Report APPROPRIATE MOTION Page 9 of 11 P & Z: February 20, 2008 Effective Clauses: Public Hearing Item VI -C Move to recommend the rezone of Lot 1, U.S. Survey 4935 from C- Conservation to RNC -Rural Neighborhood Commercial subject to the recommended effective clauses contained in the staff report dated February 12, 2008, and to forward the request to the Kodiak Island Borough Assembly for further review and consideration. 1. The rezone shall not become effective until the petitioner has acquired the necessary building and zoning compliance permits for all structures found on the parcel. 2. The rezone shall not become effective until a vacation and replat of Lot 1 & 2, US Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the commission that provides Lot 1 & 2 US Survey 4935 with the required road frontage onto Chiniak Highway. 3. A rezone is not effective until a subdivision of Lot 1, US Survey 4935 is performed that locates each single — family structure and the winery on its own 2 acre lot or consistent with RNC Rural Neighborhood Commercial Zoning district (17.22.050) 4. A rezone shall not become effective until a determination is made as to which structures are considered "grandfathered" under Borough ordinance 80 -24 -0. This requires the petitioner to provide KIB staff with documentation that these structures existed prior to the grandfathered date of June 5, 1980. Staff recommends that the preceding motion be approved and the following adopted: Move to adopt the following findings in support of the decision for rezone Case 03 -010. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is consistent with the 2007 Kodiak Island Borough Comprehensive Plan that identifies this area for limited small scaled commercial uses. Case 03- 010 /Staff Report Page 10 of 11 P & Z: February 20, 2008 Public Hearing Item VI -C 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan. B. Motion #2 Move to recommend the rezone of Lot 2, Isthmus Bay Subdivision from RR2 — Rural Residential Two to RNC -Rural Neighborhood Commercial. Staff recommends that the preceding motion be denied and the following findings of facts be adopted: Move to adopt the following findings in support of the decision for rezone Case 03 -010. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. With the approval of the above motion, staff recommends that there is not a need for additional RNC — Rural Neighborhood Commercial at this site. The goals of the comprehensive plan "to provide a balance between "Rural/ Mixed Use Commercial/Residential" use is being achieved at this location. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. Denying the rezone of this lot means it remains a RR2- Rural Residential Two zoned lot. This zoning is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan and the Chiniak community. Case 03- 010 /Staff Report Page 11 of 11 P & Z: February 20, 2008 The Ouzink Airport has been operating at its present location for . any years. This location is ma': the use a non - conformity in the R1 -Single-fam Residential zoning district. In additio the location of the existing airport is not ide . for the needed increase in runway length and ety related clearance zones. In addif•n, expanding the airport at its current location may in ease a conflict between air traf and birds that are attracted to the Ouzinkie landfill. February 20, 2008 use fulfills all other requirements of this chapter pertaining to the conditional us in uestion as part of the zoning compliance review process. . Tha • anting the conditional use - permit will not be harmful to the public healt. , safety, conven : ce and comfort allow the new utility airport and all Granting the interim CUP in the onse • district, will benefit the public health, sa safety for traffic to and from the commu from the Ouzinkie Townsite, will a distance airport noise and traffic fro rvation zo ort rel w mor the majority o ing district, and the long -term CUP to d uses in the LI -Light Industrial zoning convenience and conform by improving air In addition, the new airport, located away room for community growth and will ommunity residents. 4. The sufficient setbacks, lot are . suffers or other safegua are being provided to meet the conditions listed in subsecti . s A through C of this section. The C- Conservation co . ervation zoning district has substantial : backs and minimum lot dimensions that can .11 be met based on the land status maps sub 'tted by ADOT &PF. While the LI - -Li : t Industrial zoning district does not require setback rom lot lines, in this case the • -velopment of the airport will be required to meet ADO PF and FAA standards ich will ensure that sufficient setbacks, lot area buffer and othe afeguards are prov ed. The relocation of the airport farther north of the Ouzinkie Townsite nsures that ere will adequate land area for these standards to be accommodated in the desiigg and c ' struction of the new airport. e question was called, and it CARRIED 6 -0. C) Case 03 -010. A request for rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of US Survey 4935, Lot 1 and Isthmus Bay Subdivision, Lot 2 from C- Conservation and RR2 -Rural Residential Two to RNC -Rural Neighborhood Commercial. Cassidy reported this case was postponed pending the completion of the Comp Plan. It was actually postponed twice. In your packet you will find a supplemental Memorandum for your consideration on this case, and in it is a somewhat different recommendation. It results from discussions we have had with the petitioner since the work session. The desire of the applicants is to remove the lot line between the two parcels creating one larger 13 acre parcel, so instead of rezoning two parcels, you will be considering the rezoning of one parcel. Some of this had to do with access issues with the two landlocked lots. Staff is concerned about this much Rural Neighborhood Commercial land in the area especially since the desire of the community is for smaller scaled business that will support the Chiniak community as well as provide opportunities for tourism to take advantage of Chiniak's recreational and scenic attributes. Mr and Mrs. Lucas have agreed to a plat note that states that no future subdivision of the property will occur. Staff P & Z Commission Meeting Minutes Page 7 of 10 agrees that this will help in keeping the Chiniak rural character. The downside is that a future Planning and Zoning Commission can consider and reverse this plat note, but only after a public hearing. Staff recommends approval of this rezone request subject to a number of conditions. COMMISSIONER JANZ MOVED TO APPROVE the rezoning of Lots 1, U.S. Survey 4935 from C- Conservation to RNC -Rural Neighborhood Commercial and Lot 2, Isthmus Bay Subdivision from RR2 -Rural Residential Two to RNC -Rural Neighborhood Commercial and to forward the request to the Kodiak Island Borough Assembly for further review subject to the following Effective Clauses. The motion was SECONDED by COMMISSIONER WATKINS. Regular session closed: Public hearing opened: Bob Brodie spoke in favor of the request but feels the plat note will be problematic to future development. Public hearing closed: Regular session opened: A brief discussion of the RNC zone and what the plat note provides. John Lucas, applicant, stated he would like to rescind putting a plat note on. COMMISSIONER WATKINS MOVED to change Effective Clause #2 to read "The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the Planning and Zoning Commission." The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it FAILED 3 -3 EFFECTIVE CLAUSES 1 The rezone shall not become effective until the petitioner has acquired the necessary building permits, zoning compliance permits and septic system approvals for all existing structures on the parcel; and 2. The rezone shall not become effective until a vacation and replat of Lot 1, U.S. Survey 4935 and Lot 2, Isthmus Bay Subdivision is approved by the planning commission with a note placed on the plat that states: "No further subdivision of this parcel shall occur" ;and 3. A rezone shall not become effective until a determination is made as to which structures on Lot 1, U.S. Survey 4935 are considered "grandfathered" under Borough Ordinance 80 -24 -0. This requires the petitioner to provide KIB with documentation that these structures existed prior to June 5, 1980; and 4. A rezone shall not become effective until legal access to Lot 2, U.S. Survey 4935 is created by plat or by recordable document. The question was called, and it CARRIED 6 -0. COMMISSIONER JUENGER MOVED to adopt the following findings in support of the decision for the rezone of Case 03 -010. The motion was SECONDED by COMMISSIONER WATKINS. February 20, 2008 P & Z Commission Meeting Minutes Page 8 of 10 FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a change or amendment The rezone to RNC -Rural Neighborhood Commercial is consistent with the communities' desire to have small scaled commercial uses that will serve the Chiniak Community as well as provide for a fledging tourism industry to take advantage of the recreational and scenic qualities found in Chiniak. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The proposed rezone is consistent with the express recommendations contained in the 2007 Kodiak Island Borough Comprehensive Plan. The question was called, and it CARRIED 6 -0. D) Case 03 -011. Request a rezone, in accordance with KIBC 17.72.030 (Manner of Initiation), of Larsen Bay Subdivision, Tract A, Block 1, Lots 1 — 3, Block 2, Lots 1, 1A and 2 — 3, and Block 3, Lots 1 & 2 from R1 — Single Family Residential to B- Business. Cassidy reported we have had a flurry of phone calls, emails, and faxes on all the Larsen Bay requests. We received a resolution by the City of Larsen Bay to postpone these cases until the commission travels to Larsen Bay. This is a very big issue with the community for them to draft this resolution. A lot has transpired since 2003 since these cases were postponed, and having a meeting in or having staff travel to Larsen Bay makes since. Some of the property owners have also changed. People living outside also want to participate. Staff included in the packet three public hearing notices returned with comments: one has to do the view of an adjacent party, one that has been submitted by the tribal council concerned about the historical significance of sites, and one on issues like water meters, electrical meters, etc. Staff is recommending a postponement of all Larsen Bay cases until there is a visit to the community. COMMISSIONER JANZ MOVED TO POSTPONE action on Rezone Case 03 -011 and reschedule it for a public hearing on a date to be decided, and the hearing will be held at a location to be announced. The motion was SECONDED by COMMISSIONER KERSCH. OLD BUSINESS A) Case 08 -0. Request Staff reported () public hearing notices were distributed for this case on , 2006.. Staff COMMISSIONER MOVED TO. COMMISSIONER SECONDED the motion. The question was called and it CARRIED . NEW BUSINESS A) COMMUNICATIONS COMMISSIONER MOVED TO ACCEPT communications as submitted. COMMISSIONER SECONDED the motion, and it CARRIED February 20, 2008 P & Z Commission Meeting Minutes Page 9 of 10 r'aqo 74 : )o Implementation Actions * Install a VPSO when housing levels are adequate. * Improve the condition of HUD housing. nvironmental Quality Poll es ♦ Addre , erosion concerns; Orthodox Church might : 'entually be at risk. A Address env nmental degradation caused .y users of the Karluk River areas. Implementation A "ons * Identify a site for a new la • fill ' rrent landfill is full) and repair the road to the current landfill. * Complete the partially -f fished cl Uni I orporated ommunities on t Road System Unincorporated communities in this chapter generally meet the ate of Alaska's definition for "communities ". They include 25 or more permanent year -round -sidents; residents live in close proximity that allows for frequent personal contacts; residents . part of a discrete social unit identified by factors such as school enrollment, number of sourc- of employment, voter registration, precinct boundaries, permanency of dwelling units, and the mber of commercial establishments and other service centers; or the community is the sub : ct of a KIB local comprehensive plan (e.g., Pasagshak). Other communities which do not includ . ne or more of these characteristics (e.g., Anton Larsen Bay or Alaneva) may reach the threshol or an unincorporated community as defined in this Plan in the future. At that point, a separate sec •n describing those communities may be added to this Plan. Cbiniak Existing Conditions The Chiniak community is located 45 miles southeast of the City of Kodiak, at the terminus of the Chiniak Highway on the easternmost point of Kodiak Island. The area was named "Cape Greville" in 1778 by Captain Cook, and its Alutiiq name "Chiniak" was first reported in 1888 by a U. S. Navy Lieutenant. During the mid- 1950's, an Air Force White Alice Radar Tracking Station was constructed in Chiniak 4' Kodiakisland BOROUGH Comprehensive Plan Update nup of a local scrap metal pile. Chapter Eleven d, LocM Communities Population and Housing Fifty people reported living in Chiniak at the time of the 2000 U. S. Census. The majority of residents were white, and only one resident identified as American Indian or Alaskan Native. The 2005 population estimate was 52 people, consisting of 4% Alaska Native or part Native. Discussions with local residents place the population of the Chiniak area is approximately 120 people. The 2000 U.S. Census showed a total of 32 housing units in Chiniak, eight of which were vacant. Six of those homes were vacant due to seasonal use. Eighteen of the 24 occupied residential structures (75 %) were owner- occupied. Discussions with local residents reveal that there are 50 full -time residences in the Chiniak area. Chiniak's average household size of 2.08 persons was the lowest of all communities in the Borough. More than two- thirds (68 %) of the area's housing units were built between 1970 and 1999, The median home value of $115,000 was less than the Borough -wide median of $155,000. In addition, the character of residency is changing. Second homes now comprise 20 to 25% of the residential structures in the community. Citizens of Kodiak, Anchorage and other communities buy, build or rent in Chiniak for weekend or seasonal getaways. Local Government Chiniak is an unincorporated community, with no local government structure. It is not an ANCSA community, and there is no local tribal government or native corporation. Chiniak is subject o all rules and regulations of the KIB, including this Comprehensive Plan. The Borough worked with area residents to prepare the Chiniak Area Comprehensive Plan in 1987, and the Chiniak Comprehensive Plan Update in 2004. The 2004 planning process was put on hold at the outset of the Borough -wide comprehensive planning process. The Borough -wide process incorporates and expands on the 2004 community plan update process. Land Management and Use The 1987 Chiniak Comprehensive and Development Plan defines its planning area boundaries "the area between and including Thumb's Up Bay and the gates to the old tracking station, including Chiniak River; and from the shore inland to the Section line between Township 29 South and Township 30 South, Seward Meridian (including the Chiniak Subdivision of the Kodiak Island Borough). This area is approximately 2,688 acres or 4.2 square miles in size. " The 2004 update recommended expansion to include all the shoreline from Kalsin Hill to Sequel Point, and extending inland to include the watersheds of all rivers and streams that have outlets between those points as shown in the map on page 70. To ensure protection of the Chiniak area's water and scenic resources, residents recommend that the Borough regulate land in this larger area to achieve these goals 5 This is now the Chiniak area for planning purposes. Chapter Eleven e, Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update P;rlq 75 ):7nhar'y, 2008 Figure 11.8 Page 7t, .'i J;inunry. 200E Kodiakisland BOROGH Comprehenslve PlUan Update Chapter Eleven .., Local Communities Chiniak includes approximately 450 privately -owned residences and a limited amount of community activities consistent with "rural commercial zoning" that exist: a bed and breakfast, restaurant, ranch, winery, gift shops, and home businesses. There are three public uses, the Chiniak School, the Chiniak Library and a local post office. The remainder of the community and its surrounding areas consist almost entirely of state and native lands5 The following KIB zoning districts apply in Chiniak: 4 Conservation (C) 4 Public Use (PL) 4 Rural Residential 1 (RR1) 4 Rural Residential 2 (RR2) Future proposed land uses in Chiniak are shown on Figure 11.8 (page 70). They indicate the following: 4 Rural residential land uses on most properties south of the road. Properties directly south of the road would generally have a minimum lot size of 2 acres for any future development. 4 Properties south of the rural residential strip would have a 5 acre minimum lot size, with a Conservation and use designation. 4 Land along the water at Kalsin Bay, Thumbs Up Dock, Roslyn Beach, Silver Beach and Cape Chiniak is intended for recreational use. 4 Several mixed use commercial /residential nodes would provide opportunities for small -scale commercial businesses. Only a portion of any mixed commercial /residential use area would be expected to be developed for commercial use (e.g., 40% or less). These areas would be �` intended for small local businesses to serve the Chiniak area and small scale recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. Large -scale businesses would be discouraged or prohibited through local zoning regulations. Economy The 2000 U. S. Census showed that 38 residents, or 84% of the Chiniak population, were employed. The median household income was $14,167, and 20% of residents were living below poverty level. The school, post office and local roadhouses are the primary year -round employers. Several residents commute to Kodiak for employment, while others work in construction, fishing, and other seasonal industries outside of the community. Other commercial ventures include bed and breakfast inns; guide service(s) for hunting, fishing, and recreational activities; a winery and gift shop; and neighborhood commercial services. The Kodiak Launch Complex (KLC) is located approximately 20 road miles from Chiniak, at Narrow Cape. The continued use and potential growth of this facility will have economic and land use impacts, among others, on Chiniak and other neighboring communities. Chapter Eleven Local Communities Kodiakisiand BOROUGH Comprehensive Plan Update Page 77 . January, 2005 Page 78 ei January, 2008 Transportation and Public Facilities Approximately 60% of homes in Chiniak have individual wells, septic systems, and indoor plumbing. The remainder draw treated water from the Chiniak School, transporting it to their homes in personal containers. Refuse is removed to the Borough landfill in Kodiak. The Chiniak School and library are the primary venues for all community events. The school was built in 1984 and contains two regular classrooms, a library/classroom, a half -size gym, a small multi - purpose room, a kitchen, and restrooms with showers. It had an enrollment of 12 kindergarten through 10th grade students in 2004 -05. Students in the 11th and 12th grades travel by bus each day to Kodiak High School. The library also serves as the area's emergency shelter in the event of a tsunami. Continued maintenance and use of the tsunami shelter is important to the community. Expansion of the shelter is under consideration. Electrical service is provided by the Kodiak Electric Association (KEA). Local telephone service is currently provided by ACS of the Northland, and long- distance service by AT &T Alascom. Internet access is available from ACS Internet, but limited to dial -up service. The fiber optic cable line being constructed from the Kenai Peninsula to Kodiak could, if extended to Chiniak, create opportunities for telecommuting and lead to an increase in full -time residents. The Alaska Department of Transportation and Public Facilities has begun paving the Chiniak Highway system. A small dock is available to local boat owners in Thumb's Up Bay. An old gravel airstrip at Cape Chiniak may be used for emergency landings. There is an issue with erosion along the road through Chiniak near the road's end. The Borough has provided for an alternate route, should it be needed in the future. Until then, the ADT &PF will continue to modify the alignment of the road, as needed to move it farther away from the coastline and erosion area. There is no health clinic or Village Public Safety Officer in Chiniak. The nearest healthcare or police protection services are located in Kodiak. Chiniak lies within the boundaries of Kodiak EMS Region 2G. Emergency Services personnel have limited highway, coastal and helicopter access to the community 5' Parks and Recreation A wide variety of recreational activities are available in Chiniak. Large numbers of non - residents fish Chiniak Creek, ride ATVs on Roslyn Beach and hunt throughout the area. There are several trails in the area, including the following trails identified by the KIB Parks Advisory Committee: West Fork (Trail 28); Chiniak Lake /Cape Chiniak (Trail 29); Hidden Lakes (Trail 30); and Cape Greville /Sacramento River (Trail 31)." Environmental Quality Topography in the Chiniak area ranges from the nearly level tidelands to steep and somewhat inaccessible hillsides. The area is underlain by marine sedimentary bedrock that was deposited many millions of years ago during the Tertiary period. Kodiakisland B OROUGH Co m prehensive Plan Update Chapter Eleven 1.41 Local Communities Total annual rainfall in the Chiniak area averages between 70 and 100 inches per year, and is fairly evenly distributed throughout the year. Several perennial streams drain the area, including Myrtle Creek, Roslyn Creek, and the east and west forks of Twin Creek. Data regarding the quality of water in some of these streams is on file with the Alaska Department of Health and Social Services. The largest lake is Chiniak Lake, with a surface area of about 100 acres. However, a washout of the spit in the early 1980's allowed the lake to spill over into Chiniak Lagoon. Sawmill Lake, also known as Pony Lake, is a former lagoon that has been closed off by a beach barrier and roadway construction. An unnamed beaver pond with a surface area of about five acres is located approximately one quarter mile south of Sawmill Lake. There also are a number of small beaver ponds on some of the streams and several small glacial lakes at higher elevations. The Chiniak area, like much of the northeast end of Kodiak Island, is covered with dense forests of mature Sitka Spruce with underlying blueberry, devil's club and salmonberry. Grassland meadows are abundant below the cottonwoods, alders, and willows. Fireweed and ferns are also plentiful. Lynne grass is the dominant vegetation along the beaches and in the river deltas. Eelgrass may also be found in some delta areas. The U.S. Fish and Wildlife Service identifies a number of wetlands in the Chiniak area. Most of these are located in remote inland areas, but several Palustrine wetlands are identified in the developed part of the community along the Chiniak Highway. Chiniak, like the rest of Kodiak Island, has an abundance of marine and terrestrial wildlife. Sportfishing and hunting are major activities among both residents and visitors to the area. Popular anadramous fish species found in Chiniak streams include the coho or silver salmon, chum (dog salmon), and pink salmon. These fish can be found in Rosyln Creek, West Fork Twin Creek, East Fork Twin Creek, and the Chiniak Rivers' Issues Specific issues noted by residents in Comprehensive Plan meetings in addition to those identified at the beginning of this chapter include the following: High Priority Issues + Restriction on ATVs and appropriate areas for their use. ♦ Desire to maintain low density, residential zoning. Preserve existing wetlands, recreation areas. ♦ Desire for large minimum lot sizes for the community and avoid clustering or zero -lot -line development. Chapter Eleven •.- Local Communities Kodiakisiand BOROUGH Comprehensive Plan Update Rine 79 . January, 2008 Page SO c January, 2008 + Need for a buffer between residential and conflicting uses, such as logging. + Potential impacts of future development of State and Leisnoi and on local roads. + Importance of the school as an essential community asset. + Continue to view Chiniak as a distinct entity, even while unincorporated. Continue Borough communication with the community. + Need for structured recreation facilities at Roslyn Beach, Twin Creeks, Myrtle Creek, Cape Chiniak, Olds River, and other heavily -used areas. Medium and Lower Priority Issues + Questions about the future development of Borough -owned land on east end of community. + Chiniak School is dose to the minimum number of students needed to retain funding and remain open. + If Leisnoi lands are developed, designate space for commercial, public facilities, recreation, and other needed uses to create a fully functional neighborhood. + Appropriateness of types of uses allowed under certain zoning designations (e.g., do not allow gravel extraction on conservation land, allow lodges on rural commercial land). + Concerns about the recreational use of Leisnoi lands. + Need for bike /pedestrian amenities in the Chiniak Road corridor and throughout the Borough. + Need for recreational boat harbor and /or other boating facilities. + Desire for recycling opportunities. + Future hydroelectric potential. + Reconsideration of plans for expanding the tsunami center. + Protection of watersheds and surface waters for a potential public water system. + Noise impacts /conflicts between adjacent land uses. + Historical or archaeological resources (including native and WWII artifacts). + Need for designated emergency helicopter landing space in Chiniak. Kodiakisland BOROUGH Comprehensive Plan Update Chapter Eleven 1.41 Local Communities Goals, Policies & Implementation Actions Many of the following goals, policies and implementation actions correspond to the issues identified above. Land Use Goal: Land use in Chiniak is consistent with community desires. Policies ♦ Regulate land uses to balance the rights of private property owners with community values and objectives. A Ensure that land use and development decisions consider subsistence resources and activities. ♦ Resolve questions about the future development of Borough -owned land on east end of community. A. Identify potential changes, impacts to the community over next 20 years. Implementation Actions * If Leisnoi lands are developed, designate space for commercial, public facilities, recreation, and other needed uses to create a fully - functional neighborhood. * Maintain residential zoning, low density on the east end of the Borough. Preserve existing wetlands, recreation areas. * Establish minimum lot sizes for the community and avoid clustering or zero -lot -line development. * Create a buffer between residential and logging use. * Focus commercial zoning near designated recreation lands. * Consider new types of commercial zoning. * Revisit the types of uses allowed under certain zoning designations (e.g., do not allow gravel extraction on conservation land; do not allow the siting of a landfill in Chiniak; allow lodges on rural commercial land). * Inform residents about "SuperDARN " and any potential environmental impacts. Chapter Eleven WA Local Communities Kodiakisiand BOROUGH Comprehensive Plan Update Page 81 . —', January, 2008 Page 82 January, 2008 Parks and Recreation Goal: Maintain and /or improve access to public recreational lands, including via Native corporation or other private lands, where possible. Policy • Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. Implementation Actions * Create recreation facilities at Roslyn Beach, Twin Creeks, Myrtle Creek, Cape Chiniak, Olds River, and other heavily -used areas. * Address sanitary concerns around the recreational use of Leisnoi lands. Goal: Improve and increase recreational opportunities. Implementation Actions * Designate recreational areas and trails where ATV use is permitted and areas where ATV use is restricted or prohibited. Transportation Implementation Actions * Address road impacts from future development of State and Leisnoi land. * Add bike /pedestrian amenities within the Chiniak Road corridor and throughout the Borough. Environmental Quality Goal: Protect the watershed. Goal: Improve environmental quality. Implementation Actions * Identify specific areas where ATV use is allowed and enforce restrictions against ATV use in areas where it is permitted. Public Facilities Goal: Improve public safety and access. Policies • Improve fire protection services. • Improve access to communications services (phone, cable TV, etc.). A Improve road access and conditions. Kodiak[sland BOROUGH Comprehensive Plan Update Chapter Eleven ., Local Communities Implementation Actions * Address the need for recreational boat harbor and /or other boating facilities. * Pay for services by usage. * Site future solid waste landfills or other facilities in locations that minimize impacts on or conflicts with adjacent uses. Do not site a landfill in Chiniak. * Reconsider plans for expanding the tsunami center. * Provide law enforcement services, at least on weekends in the summer months. Goal: Maintain existing facilities and levels of service. Policies A Advocate for Chiniak School to remain open and develop a response plan in the event that the school is denied funding. Implementation Actions * Create a school closure response strategy, including methods of communication. * Retain the school, as it is an important community asset. Local Government Policies ♦ Continue to view Chiniak as a distinct entity, even while unincorporated. Continue Borough communication with the community. • Maintain and improve communication between the Borough and local governments, Native organizations, and community groups. Economy Goal: Retain residents and improve quality of life. Policies • Develop a comprehensive management framework to encourage economic development while protecting coastal resources. • Maintain important fish and wildlife habitat as a high priority. • Ensure that timber harvesting is conducted in a manner that minimizes adverse environmental impacts and conflicts with adjacent land uses. Chapter Eleven ► —', Local Communities Kodiaklsland BOROUGH Comprehensive Plan Update Page 83 January, 2008 ♦ Support KIB residents' use of local fish, game and plant resources to meet nutritional, traditional, cultural, and spiritual needs. • Encourage the management of timber harvesting in the watershed to minimize adverse impacts to water quality, community water supplies, and to fish habitat. Implementation Actions * Review and approve log transfer facilities for the movement of timber products from harvest areas in order to minimize the impact on fish and wildlife resources and other uses. * Work with private landowners by reviewing plans for timber harvests along the road system in populated areas and in designated recreation or public use areas in order to minimize potential adverse environmental impacts and conflicts. Other Goal: Maintain and promote sense of peace, quiet and relaxation. Policies A Protect natural areas. P,ige 8d e. January, 2008 • Preserve cultural and historical resources throughout the Borough, including Alaskan Native and World War II sites. Implementation Actions * Develop a noise ordinance to reduce impacts from industrial lands. * Designate emergency helicopter landing space in Chiniak and coordinate emergency services. ya ens Bay e Womens Bay munity was named for the Bay it overlooks. Also known as Bells Flat, this u incorporated commune .cated approximately 8 miles from Kodiak, just southwest of the U. Coast Guard station. Womens :. 's a rural reside tier ra ea with two flowing rivers dividing th • area into the Russian River side and the • - . Creek side. Th. Koniag people are known to r - e lived in the general vice ' as evidenced by midden sits at different locations omens Bay, and they probably used th- - ea for hunting, fishing an berry and pl. • •athering on a seasonal basis. The Russian explorer Saric explored and na ed Wo ns Bay (which is a direct English t BOROUGH C o mprehensive Plan Update e ussian "Guba Ba Chapter Eleven Local Communities z jiJJ 1721%. C (DM 1 arei ISOK ._f LUU'd 1tl.L TOO /T00'd 1 /,vP_il v.4- --/Ko r 0 To the Kodiak Island Borough Assembly Concerning the request for rezoning by John and myself, Judy Lucas, in Chiniak. We have been waiting to apply for this rezone since 2003, when the Borough then notified us to be in compliance. We applied for the rezone, in 2003, but were advised by the Borough to wait until the Borough comprehensive Plan, including the Chiniak Comprehensive Plan, was completed and passed. Because the Borough Comprehe nsive Plan was recently completed, we are now going ahead with our rezone application. We metwith Bud Cassidy and Duane Dvorak to advise us with our rezoning plan. The Chiniak Comprehensive Plan was created in 1982 and 1983, by the Chiniak residents. But in 1986it was fine tuned and revised, to establish goals and objectives for future land use decisions — to recommend changes in Kodiak Island Borough and encourage specific actions by government agencies, to insure these goals and objectives are met. More recently, in 2004, the Chiniak Comprehensive Plan was reviewed and revised again by the Chiniak community, and was considered good and acceptable, and was also updated again, and was approved and planned by the Chiniak residents. The Chiniak Comprehensive Plan says: 1. "to encourage business development in selected location (i.e. stores, resteurants, and gas stations) on the Chiniak Road. 2. "areas for future commercial development and expansion should be designated" 3. our location was acicnowledged (in 1987) as a future business, commercial site 4." neighborhood commercial is recommended — to meet the needs of local residents" 5. 58% of residents in 1987 were in favor of future expansion of commercial activities 6. "Focus commercial zoning near designated recreational lands" 7. "consider new types of commercial zoning" 8. under Economy and Policy — develop a comprehensive management framework to encourage economic development 9. under Priority Issues "allow lodges on rural commercial land ". Those are some of the facts of the Chiniak Comprehensive Plan, so recently reviewed and revised and passed. It appears our rezoning application follows and fits in the Chiniak Comprehensive Plan. But , coincidentally, along with our request for rezone, is the issue of a possible sale of our property. News travels fast in small communities. The prospective buyer is known now, and I'm sorry to say, there have been many comments from Chiniak residents of their objection to the name of the prospective buyer, which is prejudicial. I believe this is the basis of the current objection by the Chiniak residents of our rezone application. I sincerely hope the Borough Assembly will not be influenced by their strong feelings of prejudice. In the Comprehensive Plan it say under Goals and Objectives: "the goals and objectives are a result of community participation" and "this plan shall be in full force and effective upon passage, adoption, passage and approval ". I think we can all trust in the Borough Comprehensive Plan. Thank you for your consideration, Judy Lucas Dated April 2, 2008 98:9T 8002- 30 -Hdv Please read this at the April 3r Assembly hearing for the Chiniak Rezone #FY2008 -19 Dear Borough Assembly and members of the community, My name is Jackie Lucas. I am the daughter of John and Judy Lucas, and I support Ordinance #FY2008 -19, Rezoning Two Lots in Chiniak. The Kodiak Island Winery needs the Assembly to approve this rezone in order to be in compliance with current zoning code. There are no findings of fact that have been made for the case of denying this request. Findings of fact have been made in support of this ordinance, which is why the Planning and Zoning Commission have recommended its approval. These findings have been made part of the public record. This request is in lockstep with the language and intent of the 2008 Borough Comprehensive Plan, and by inclusion, the 1987 Chiniak Comprehensive Plan. The new Borough Comprehensive Plan identifies the land around. the Kodiak Island Winery as one of "several mixed use commercial /residential nodes" that "would provide opportunities for small -scale commercial businesses." It goes on to further state, "These areas would be intended for small local businesses to serve the Chiniak area and small -scale recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area." And that Plan implementation should "focus commercial zoning near designated . recreation lands." The Kodiak Island Winery is precisely a small -scale recreation/tourist oriented business sited near the recreational assets of Rosalyn Beach and. Rosalyn River. Several community members have voiced opposition to the re -zone, but their opposition is not directed to the actual proposal in front of the Assembly. Some complained about the new Comprehensive Plan, but this is not the forum for changing the General Plan. Some complained about future development at the site, but the Comp. Plan specifically supports this type zoning at this site, and zoning controls future development. And some even complained about potential buyers of the winery as being unwanted in Chiniak. This ordinance is certainly not a vehicle to pass judgment on who may or may not be buying my parents winery. This ordinance is about bringing the Kodiak Island Winery into compliance with current zoning regulations and implementing the 2008 Borough Comprehensive plan. Denying the requested re -zone is basically denying the Kodiak Island Winery the permission to exist in its current location, forcing its closure, and most importantly, is not consistent with the stated goals and objectives of the 2008 Plan. If the community and the Assembly focus on the implementation of the 2008 Plan and the specific nature and request of Ordinance #FY2008 -19, and not the conjecture and rumor swirling around, it is clear that this re -zone request should be approved. Thank you for your time and the permission to be heard, Jacqueline Jay Lucas Virginia and Lee Seaman Mile 41.9 Chiniak Hwy, Alaska April 02, 2008 To Borough Clerk and all Borough Assembly members for insertion in packets pertaining to rezone ordinance #FY2008 -19 Lee and I are 30 year residents of Chiniak We are concerned over the rezoning issue of the Lucas's Chiniak property at approximately mile 36. The Comprehensive Plan was designed to allow for future small scale commercial uses in some areas. Under the present zoning ordinance for Rural Neighborhood Commercial, very large development could be allowed. It appears, at this time the Borough does not have the necessary tools to enforce small scale commercial use per the Comprehensive Plan. We believe at this time, LARGE commercial development would be inappropriate for the Chiniak Community, and detrimental to some of our local established small scale business's. I urge you to vote no to this rezone to keep the integrity of our community intact. Thank you, Virginia Seaman Lee Seaman Nova Javier m: Thomas Dinnocenzo [salterytd @yahoo.com] nt: Thursday, April 03, 2008 9:57 AM To: Nova Javier; tcabell @ptialaska.net; scokinc @ak.net; jfriend @alaska.com; susan.jeffrey @gmail.com; chrisl @ptialaska.net; mroswalt @alaska.com; stutes @gci.net; Marylynn McFarland Subject: Chiniak Winery Rezone Hello Folks, At the present time I am out of the country but I have been informed that there has been a request to rezone a parcel of private property in my neighborhood. The Lucas property that now includes a winery in Chiniak is close to my home and a rezone will adversely effect the area. There is not enough infrastructure in this area to support the outcome of this rezone. Please reject this request and leave the property in its present use class. Thanks Thomas Dinnocenzo You rock. That's why Blockbuster's offering you one month of Blockbuster Total Access, No Cost. i > Original Message > From: Bud Cassidy > Sent: Thursday, April 03, 2008 9:54 AM > To: Nova Javier; Jessica Kepley > Cc: Meagan Christiansen > Subject: FW: Online Form Submittal: General Inquiry /Comment/Complaint Form > > Nova - This comment about the rezone of the Lucas property, which will be heard > by the Assembly tonight, has just come through our Web Site. Please include in the > Assembly packet. > > Thanks > Bud > > Original Message > From: Meagan Christiansen > Sent: Thursday, April 03, 2008 9:50 AM > To: Sheila Smith > Cc: Bud Cassidy > Subject: FW: Online Form Submittal: General Inquiry/ Comment/Complaint Form > > This comment came in from our website. > Meagan > > Original Message > From: Support @civicplus.com [mailto:Support @ civicplus.com] > Sent: Thursday, April 03, 2008 9:48 AM > To: Meagan Christiansen > Subject: Online Form Submittal: General Inquiry/Comment/Complaint Form > > The following form was submitted via your website: General > Inquiry /Comment/Complaint Form > Name:: Thomas Dinnocenzo • Aress:: P.O. box 5521 > City:: Kodiak > State: : Alaska > Zip:: 99615 > Home Phone Number:: 907 486 2684 > Daytime Phone Number:: > Email Address:: salterytd @yahoo.com > Please Specify Your General Inquiry, Comments or Complaint: > Hello, At the present time I am out of the country but I have been informed that cf -- > there has been a request to rezone a parcel of private property in my neighborhood. > The Lucas property that now includes a winery in Chiniak is close to my home and a > rezone will adversly effect the area. There is not enough infastructure in this area to > support the outcome of this rezone. Please reject this request and leave the > property in its present use class. > Thanks Thomas Dinnocenzo > Nova Javier n: dawg51 @ak.net on behalf of debbie bergen henderson [dawg51 @ak.net] ,it: Thursday, April 03, 2008 9:51 AM To: Nova Javier Subject: Ordinance #FY2008 -19 To The Kodiak Island Borough Mayor and Assembly Members, In the interest of preserving the life style that we all cherish and enjoy in Chiniak, please do not pass the proposed zoning change on the Lucas property. Thank you! Sincerely, 5548 901 - 486 -5886 David Henderson and Debbie Bergen Henderson P.O.Box Chiniak, Alaska March 31, 2008 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Re: Chiniak Rezone Request Mr. Mayor and Assembly: Woody Koning PO Box 5565 Kodiak, AK 99615 I would like to offer my opinion regarding the proposed rezone request before you. Please consider my opinion as a concerned citizen and not as a borough employee. My staff duties do not involve deliberation of zoning issues, and I have not participated in any staff work regarding this case. I have lived on or near the subject property for over thirty years. My wife and I were married on the property. We brought our first child home to the property. That first child was also married at the property. Our first grandchild is named Roslyn after the beach adjacent to the property. We have a deep connection to this neighborhood. We live in the next residence from the property, and have been close friends of the applicant for many years. It is difficult for me to oppose the wishes of the property owner. However I am very concerned about future development of this neighborhood and surrounding area. When considering zoning issues one must not consider the present owner. Rather consideration must be given to any future owner. Consideration must be given to the maximum development activity that the zoning ordinance allows, and imagine what impact it would have on the neighborhood. We have no objection to the Kodiak Island Winery business being located in the neighborhood. The winery has had a relatively low impact on the neighborhood, and seems to be consistent with the general residential setting of Chiniak. I think you will find this to be the sentiment of the majority of the local residents. However, removing a rare residential lot from the market and combining it with another lot to form a thirteen -acre Commercial lot is clearly not consistent with local sentiment. If that action is considered consistent with our new Comprehensive Plan, then the plan needs some work. A thirteen -acre Commercial lot in the midst of this residential neighborhood makes no sense to me. 1 strongly urge you to defeat this ordinance in the hope that an alternative solution can be found that is better suited for the future development of this neighborhood. Sincerely, Woody Koning Nova Javier m: Diane Seth Mike Patterson [dsmpatterson @chiniak.net] nt: Wednesday, April 02, 2008 8:26 PM To: Nova Javier Subject: Public Hearing April 3, 2008 Re : Ordinance No FY2008 - Kodiak Island Borough Mayor and Assembly Members: I request that the Assembly deny this ordinance. The Chiniak area is a family community. We do not want companies or individuals ti be able to come in and build hotels or large visitor recreation areas. The beaches are already littered enough as it is. This community wants to stay family oriented, quiet and peaceful. Thank you for your time. Sincerely, Dianne Patterson Mile 35 PO Box 5603 Chiniak, AK 99615 907 - 486 -0458 1 Nova Javier m: Susan Patterson [susanpatterson @chiniak.net] nt: Wednesday, April 02, 2008 1:52 PM To: Nova Javier Subject: Public Hearing - April 3, 2008 Re: Ordinance No FY2008 -19 Kodiak Island Borough Mayor and Assembly Members: I request that the Assembly deny this ordinance. The Rosalyn Beach area of Chiniak is already overused and abused. RNC zoning would be a detriment to this residential, fishing and recreational area. Sincerely, Susan E. Patterson Mile 35.2 P.O. Box 5545 Chiniak, AK 99615 • 907 -486 -6272 1 Nova Javier m: Marie Rice [mariejrice @gmail.com] nt: Thursday, April 03, 2008 4:00 PM To: Nova Javier Subject: Lucas Rezone April 3, 2008 I, Marie Rice, have given serious consideration to the proposal before us of rezoning of two Tots belonging to John Lucas from Conservation and Residential Two to Rural Neighborhood Commercial. I have been involved with the area directly since 1963 when we bought the Henley Ranch at Kalsin Bay and held a grazing lease on the area under consideration. Dave Henley had a saw mill on the front of the lagoon past where the bakery later was located. With the earthquake and sinking of that portion of the island, the site became impractical so with -ur permission he relocated to the site where the winery is now located. . oelieve he acquired title to the land through filing for a Trade and Manufacturing Site. We later acquired 76 acres of land in the area with our Trade and Manufacturing Site that was for a feed lot and grain storage. After Omar Stratman and I were divorced the property was divided and he created the Brooker's Lagoon Subdivision and I created the Isthmus Bay Subdivision. In 1985 -1987 we sold John and Judy Lucas Tots 1 and 2 of the Isthmus Bay Subdivision. There has been no development on those lots since. I still own 21 acres of land across the road from the Lucas property. I have been actively involved in the Borough Wide Comprehensive Plan, e Womens Bay Comprehensive Plan and the Chiniak Comprehensive Plan. I was present during the considerations for this zoning change in the fall of 2003 when the decision was made to postpone action on the case until after the Borough Wide Comprehensive Plan was adopted. John Lucas has followed borough staff's instruction and should not personally be viewed as negligent in the matter. The development of the comprehensive plan was a long slow procedure. I have further analyzed and compared the conditions under all three zoning categories being considered: Conservation, Rural Residential Two and Rural Neighborhood Commercial and have some additional concerns. The major concern being no maximum lot coverage requirement" for the Rural Neighborhood Commercial zoning. This leaves the possibilities too open for future development. I have looked at what the existing zonings allow and feel, even though there is the possibility of subdividing the 10.4 acres of RR -2 into 5 separate lots, this better fits the desires of the community plan. The Conservation zoned property could also be subdivided into 5 acre tracts if access was provided. It concerns me that Mr. Lucas will sell all of his property, leave Kodiak and leave the adjoining property owners to deal with the outfall of the zoning change. I feel this is in my best interest for future development of my adjoining 21 acres. do not support the rezone change. Marie Rice 2 Maximum lot size Conservation None RR 2 None Rural Neighborhood Commercial None Minimum lot size 5 acres 2 acres 2 acres Minimum lot width 250 feet 200 feet 180 feet Building height 35 feet 35 feet 35 feet Accessory building height 50 none none Lodges no more then 6 clients none bed & breakfasts and motels Maximum Lot coverage requirement (maximum area of lot that can be covered by a building) 2,000 square feet or 5% which ever is greater no requirement no requirement Set back front 25 feet 50 feet 25 feet Set back rear 25 feet 20 feet 15 feet get back side 25 feet 20 feet 20 feet 37478 ' hiniak High Chini . k, Alaska 99 . 15 486 -6020 y I come here to voice my opposition to the rezoning of the Lucas property from Rural Residential to Rural Neighborhood Commercial. The basis of my opposition is that any proposed development in the Chiniak area would be premature as there is inadequate infrastructure to support such development. Any future development without proper infrastructure would be irresponsible and adversely impact our community and its resource, At the present time there are limited emergency services, minimal department of public safety presence, waste collection, road maintenance, no fire protection or oversight of maintenance and /or upkeep of traditional and customary tordesignated recreational sites, such as at Roslyn Beach, Silver Beach, Olds River and the American River just to name a few. In support of my allegation of inadequate infrastructure, should Lucas's request be approved, I simply have to turn to a situation, which has developed since the occupants next door to me arrived in 2003, at 37392 Chiniak Highway. The occupants represent a Limited Liability Corporation, which goes under the name of Chiniak Anglers Lodge; its five partners live out of state (in Colorado), except during the summer months. The lodge is in an area zoned Rural Residential however; I have first hand knowledge they sell the services of their business to their clients for $250 a day. They have numerous four wheelers, boats and vehicles to support their fishing activities. Their activities create a disturbance because of the numbers of people and the late hours they keep. They are known to improperly dispose of fish carcasses causing a potential bear hazard near my residence. Because of the size of the groups they are known to at timesnundate fishing sites. Based on my observations I would also question whether or not they are strictly adhering to the State of Alaska fishing regulations as it pertains to bag limits and method of take. I bring this up because what I see happening next door to me may occur on a much larger scale should Lucas's zoning be approved and changed from its current designation to Rural Neighborhood Commercial. Thank you for the opportunity to voice my concerns and opposition to Mr. Lucas's request and I hope your final determination takes into account the o ition • ther community members and you vote to deny his request. rnes :: uaz `fi3I0r Apr 03 08 12:30a John Fiorentino 486 -6898 /f sin PUBLIC HEARING FORM Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation To RNC -Rural Neighborhood Commercial, ❑ This is in support of the rezone. This is in opposition of the rezone. ❑ Other comments. Name: Foylevihit Residence Address: Mailing Address: Comments: 8r,0-5 _ C/44 a A fi e re ti/i l (fi ?h , ,2d l d is 2,41 74 Ales- ' ' /1/414)),,t, Written comments may be submitted by email to njavier @kodiakak.us, fax to 907 -456 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m, on Thursday. 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Qrot';o.Nf Zor\�✓ci 42�\Ck Sor\abl QhSu1 a C 4 or '"u LAC C 4 S GL5e 5 . 5 i e ` ZOY1; Y\q � f 4- 5 April 3, 2008 Re: Ordinance No. FY 2008 -19 To the Kodiak Island Borough Assembly Members, Borough Manager, and Borough Mayor: This letter addresses concerns with a rezone request to commercial at the Kodiak Island Winery in Chiniak. As a property owner and neighbor of the winery, I was unaware of the rezone request as it wens through the P & Z process. I was made aware of the rezone request just days before your last meeting and public hearing which was held several weeks ago. The meeting was on tape delay because of the ComFish congressional debate and was not aired at the usual time. I would ask you how can this be considered a public hearing when the public could not listen to the meeting live on the radio and call in? I will take this opportunity to tell you that I object to the rezone request to commercial. What type of commercial use is possible in this rural neighborhood setting? Also, I object to the change from RR2 Residential to RNC Rural Neighborhood Commercial solely with the opinion that Chiniak needs residential land. The school is closing which is a sad day for any community. The need for residential land exists and I believe we should keep whatever land is already zoned for residential. I would urge you to not consider postponement and to deny the rezone request. Thank you for the opportunity to submit testimony. Elizabeth Odell 37670 Chiniak Hwy Kodiak, Alaska Id Wd817:170 800E 20 '&117) L6SS 9817 L06 : '0N 9NOHd 1 •ig-acfE'Z I3 '8 P ? Aea : WO?Jd My name is Theresa Bonney. My husband & I live at mile 40 Chiniak Hwy and have owned our property there over 20 years. We are presently designing a new home to be built this summer on our property, with future Bed & Breakfast potential. This rezone request is already affecting us and others. The rezoning request has caused us to carefully review the risks of our property development. This rezone could allow large scale commercial activities if passed. This possibility has already caused us to downsize our building plans. Should this rezone pass, we may build even smaller. If passed, the reverberations will be extensive and not just for Chiniak. This rezone is not consistent with the Comprehensive Plan's small scale wording for Chiniak commercial activities. To believe the rezone is consistent with the plan indicates a willingness to compromise the Plan's Language. We need to have confidence in our Comprehensive Plan. John Lucas has said he wants, sell his properties in Chiniak, retire and move to join his wife. He also indicated Sunday at a Chiniak meeting, that the sale of his property is not contingent on this rezone. Even if this is no longer the case, it seems to me the simple and straight forward solution is for John Lucas to shut down operation of the winery. The winery could be changed to a lodge and the 4 homes would then become accessory buildings, or the 4 homes could become the lodge and the winery would be the accessory building. All of this is consistent with the current conservation zoning on Lucas's property. This is only 1 option John Lucas could use to come into compliance with his current zoning and be done at his own expense, rather than jeopardize the community. Chiniak does not presently have a need for commercial property in this area and will not benefit from this rezone. It seems to me that this is the time to slow down....create the necessary tools and understanding of the Comprehensive Plan, and get it right, before decisions are made that will set unwanted precedence's. When you vote on this issue tonight, please vote with the Comprehensive Plan and with the voice of the people and VOTE NO!!! Thank you for your time My Name is Scott Bonney. I live at Mile 40 Chiniak and have owned my property there over 20 years This rezone has caused my closer review of the Comprehensive plan. The Plan is your guidance to vote no on this ordinance. A little background: During the Comprehensive Plan development for the Chiniak Community there was community concern that the new Comprehensive Plan would unleash what this Ordinance provides for, Large Scale development. In fact I wrote a letter to the Borough regarding this concern prior to adaption recommending that the new plan not show the Rosyln node as Future Commercial but leave as is, Conservation and Residential. Onward: The present adapted plan does show the Rosyln node as Future Commercial/Residential however wording was included to insure community values and objectives, wording which protects our community from large scale development: Chapter 11: Chiniak, Land Management & Use pg 77; Pi Several mixed use commercial /residential nodes would provide opportunities for small -scale commercial businesses. Only a portion of any mixed commercial /residential use area would be expected to be developed for commercial use (e.g., 40% or less). These areas would be intended for small local businesses to serve the Chiniak area and small scale recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. Large -scale businesses would be discouraged or prohibited through local zoning regulations. * Large scale- what is it? How does it relate to the 13 under consideration? 13 acres.... The Comprehensive plan for Chiniak is for Chiniak, not Las Vegas, Anchorage or even the town of Kodiak. We are a community and the Comprehensive Plan recognizes this. Large scale must be viewed through a Chiniak filter. The following is a list of several properties types that could be developed under this ordinance if passed, properties you area all familiar with in town: * Wa1Mart 6,98 acres *Comfort Inn at the airport, 100 person capacity: 1.42 acres *Alaska Commercial store downtown: 1.12 acres These commercial activities are large scale even for the town of Kodiak. * Imagine what could occur on the 13 acres proposed under this ordinance. *If this zoning ordinance is passed, there is no turning back. *Future and unseen developments could surprise us all. There has been some mention of limiting factors for the rezone area such as water & sewer. Relying on unknown property physical factors to control development is frightening. As a Professional Civil Engineer for 23 years I see no limiting factors that cannot reasonably be overcome. Zoning needs to define the property `development and use requirements', not limiting property factors of unknown nature. The Kodiak Island Borough Comprehensive Plan provides a framework for decision - making and clearly indicates Large -scale commercial activities for Chiniak would be discouraged or prohibited through local zoning regulations. The rezone does not discourage or prohibit large scale commercial activities. The resent zoning does and protects our community values and objectives. Vote no on this ordinance. April 3, 2008 Re: Ordinance No. FY 2008 -19 To the Kodiak Island Borough Assembly Members, Borough Manager, and Borough Mayor: This letter addresses concerns with a rezone request to commercial at the Kodiak Island Winery in Chiniak. As a property owner and neighbor of the winery, I was unaware of the rezone request as it went through the P & Z process. I was made aware of the rezone request just days before your last meeting and public hearing which was held several weeks ago. The meeting was on tape delay because of the ComFish congressional debate and was not aired at the usual time. I would ask you how can this be considered a public hearing when the public could not listen to the meeting live on the radio and call in? I will take this opportunity to tell you that I object to the rezone request to commercial. What type of commercial use is possible in this rural neighborhood setting? Also, 1 object to the change from RR2 Residential to RNC Rural Neighborhood Commercial solely with the opinion that Chiniak needs residential land. The school is closing which is a sad day for any community. The need for residential land exists and I believe we should keep whatever land is already zoned for residential. I would urge you to not consider postponement and to deny the rezone request. Thank you for the opportunity to submit testimony. AkA Elizabeth Odell 37670 Chiniak Hwy Kodiak, Alaska TITLE: ITEM NO: 13.A Authorizing the Manager to Execute Contract No. FY2008 -30 for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. SUMMARY: Kodiak Island 3.16.020 "Limitation on Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. This Contract is for the construction of a Community Health Center Addition attached to the existing PKIMC along with renovations to the Hospital. The Construction Documents, Bid Documents and associated Addenda are available for review. The Project is funded by a combination of grants to the Community Health Center and a commitment from the KIB Assembly to complete the PKIMC parking lot. Bids were received in response to KIB's Invitation to Bid dated February 2008. A Bid Tabulation is attached. The E/F Department has reviewed the bids and recommends that a Contract for the Community Health Center and Renovations to PKIMC be awarded to Brechan Enterprises, Inc. in an amount not to exceed $4,992,346.00. This includes the Base Bid and Alternates 1, 2, 3 and 4. Additional information for this item will be provided at the work session, Thursday, March 27. Fiscal Notes: Acct No.: 495 522 452 150 050 215 APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 3, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to Authorize the Manager to Execute Contract No. FY2008 -30 for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center with Brechan Enterprises, Inc. in an amount not to exceed 2 0 M 00 O GI ri M QQ E LL 8 8 saopeJluo0 qns suoilnmgns E i7 °' — E C E L c 0 0 c N a. 4 c` 7. U U co 3 • Z 8, 8 3 4 v c 0: * r- a� 7 C °' (n S z c E N • c •c O IsL o IE) 2 a) E U 7 0 . 0 U LL W y 5 C 0 0 C r N r N O€ 0 rn tD N . N r-1 to 0 m N lD: 00 ' 00 N (N N' t0' 0, r; c (0 0 L1' m (0 m O N c ti W a ` ) O 0 0 (0 7 I- 01 tri N 0, t0 t!1 01 Lfl 00 LJ'1 0 N N Lri N m N CO M 00 N N l0 N O r-1 0 rr 0 0 0 r-1 > (0 m m '-I ri N [t CO N O, N O N Ln N lD N OJT M O O lD O O J 0 Ln ti 00 ri ti oo m a6 lD M O 0 0 N oo Ln h W L v > 0 c 0 c O .` (0 0. E 0 lJ N O LID a--1 O ri 4 6 (0 c 00 0 4) s E O 4— 0J L (0 00 c 0 0 41 t H 8 0 ri d' M M Y1 lD m Ln O ri O r1 i N m rn 00 N m N N l0 0, N 0, ri lD m M i c m > (0 0 O 0 N N t!? vi 1" O O M In O t0 0 8 0 O 0, r-4 O O L!1 In O O O 0, 0 0 O 00 O 00 O O 0 Ln '-I O N N 00 0 O et M AIA Document A101TM —1997 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the xxxx day of Month in the year of Two Thousand Eight (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 - 6398 and the Contractor: (Name, address and other information) Brechan Enterprises, Inc. 2705 Mill Bay Road Kodiak, Alaska 99615 The Project is: (Name and location) The Architect is: (Name, address and other information) Prochaska & Associates 11317 Chicago Circle Ornaha, Nebraska 68154 -2633 11/20/2008, and is not for resale. User Notes: Kodiak Community Health Center Addition & Rettovation to Providence Kodi; 1915 E. Rezanof Drive Kodiak, Alaska 99615 The Owner and Contractor agree as follows. Island Medical Cf cAku This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A101 - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. This draft was produced by AIA software at 16:45:23 on 03/27/2008 under Order No.1000330318_1 which expires on (1666035209) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) The C actor shall achieve Substantial Completion o Portion of Work he en ork not later than April of 2009. Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Four Million Nine Hundred Fourteen Sixty Dollars ($ 4,914,060 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be tnade by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101 TM - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. ' , . This draft was produced by AIA software at 16:45:23 on 03/27/2008 under Order No. 1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (1666035209) Alternate No. 2 Multi - Purpose /Conference/Training Room $ 243,054.00 Alternate No. 3 - Site Work $1,273,741.00 Alternate No. 4 -Exam Room Cubicle Curtains $ 6,643.00 Base Bid $3,390,622.00 TOTAL $4,914.060.00 § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) Unit Price No. 1 Over excavation Cubic yard $8.00 Unit Price No. 2.- Compacted fill Cubic yard $18.00 Unit Price No. 3 Lean Concrete fill Cubic yard $200.00 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment to the Contractor not later than the 30 day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty (30 ) days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of ( ). Ten Percent (10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201 -1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of (-).Ten Percent (10 %); .3 Subtract the aggregate of previous payments made by the Owner; and AIA Document A101 TM - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. . ;Jr rr 7 , 3 This draft was produced by AIA software at 16:45:23 on 03/27/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (1666035209) .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 -1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) The retainage of 10% shall apply to the first 50% of the Cost of the Work. When the project is 50% complete, and if the progress of the Work is to the Owner's satisfaction, no additional retainage shall be withheld so that the total retainage at the completion of the Project will be 5% of the Cost of the Work. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. .2 a final Certificate for Payment has been issued by the Architect. 11/20/2008, and is not for resale. User Notes: § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct as provided in Section 12.2.2 of AIA Document A201 -1997, and to satisfy other requirements, if any, which extend beyond final payment; and § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201 -1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. AIA Document A101TM - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. r. - t ' This draft was produced by AIA software at 16:4523 on 03/27/2008 under Order No. 1000330318_1 which expires on (1666035209) § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) Kenneth W. Smith, P.E. Project Manager Engineering Facilities Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 § 7.4 The Contractor's representative is: (Name, address and other information) Peter Malley Project Manager Breohan Enterprises, 2705 Mill Bay Road Kodiak Alaska 99615 § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, to enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101 -1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201 -1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated February 25, 2008, and are as follows Document Title DIVISION 0 RD Instruction 1942 -A Guide 27 Attachment 3 CONDITIONS Performance Bond & Payment Bond - AIA A312 OF THE Comphance Statement, EOE - Form RD 400-6 for contracts over $10,000 CONTRACT Certification Regarding Debarment - Form AD -1048 for contracts over $25,000 Disclosure of Lobbying Activities - RD Instruction 1940 -0 Exhibit A -1 for contracts over $100 000 Certificate of Owner's Attorney - RD Instruction 1942 -A Guide 18 RD Instruction 1942 -A Guide 27 Attachment 4 AIA Document A101 - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. 3 +i 11/20/2008, and is not for resale. User Notes: Pages This draft was produced by AIA software at 16:45:23 on 03/27/2008 under Order No.1000330318_1 which expires on (1666035209) Section Supplement Conditions AIA A210/SC plus RD Instruction 1942-A Guide 27 Attachment 5 Little Davis -Eaton Act/Laborers & Mechanics' Minimum Rates of Pay - Pamphlet 600 Issue 14 Shop Drawing Transmittal Form Certificate of Insurance Monthly Coordination Meeting Project Sign (USDA) § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) See attached Exhibit A § 8.1.5 The Drawings are as follows, and are dated February 25, 2008 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) See attached Exhibit B Number § 8.1.6 The Addenda, if any, are as follows: Number Addendum No, 1 Addendum No. 2 Addendum No. 3' N otice to Bidders In s tru ctions to Bidders — AIA A701 plus RD Instruction 1942 -A Guide 27 Attach Proposal Form Bid Bond AIA A310 Title Title Date March 10, 2008 March 14, 2008 March 17, 2008 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) NTB -1 — NTB -2 IB -1 — IB -2 — 3' P -1 —!P -5 2 AIA Document A101 TM - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. '., AH This draft was produced by AIA software at 16:45:23 on 03/27/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (1666035209) This Agreement entered into as of the day and year first written above,above and is executed in at least five original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, one to the Agency (USDA) and the remainder to the Owner. ATTEST OWNER (Signature) (Signature) Rick L. Gifford Kodiak Island Boron h Mana er (Printed name and title) (Printed name and title) (Date) (Date) OWNER (Signaturc) CONTRACTOR (Sigfteg (Printed name and title) (Printed name and title) ATTEST CONTRACTOR (Signature) (Printed name and title) (Date) (Date) AGENCY CONCURRENCE (Signature) Timothv Krug USDA/Ru 'pent f Printed name and title) (Date) (Signature) Michael Martin Presider). Brechan Enter rises Inc. (Printed name and title) AIA Document A101TM — 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. 11 ,=5 ' ''F.SS'ihf ••• r ='; This draft was produced by AIA software at 16:45:23 on 03/27/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (1666035209) 7 Kodiak Island Borough - Hospital Parking Lot /ADA Access DESCRIPTION Funding Source Grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . KIB Budget - previously approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . KIB Budget 09 Hospital Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . KIB Budget 09 Facility Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expense Parking Lot (Alt #3- Contract) In -House Admin (estimate 8 %) A/E Construction Services (estimate 2 %) Contingency (estimate 6 %) AMOUNT 180,000 700,000 200,000 397,540 1,273,741 101,899 25,475 76,424 BALANCE 180,000 ............... ............................... 880,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,080,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,477,540 Foundation -New Clinic Funding Sources ................................................................. ............................... Denali Commission ................................................................. ............................... Rasmusson ................................................................. ............................... Murdock Denali Match Kodiak Foundation Denali ANTHC USDA Loan USDA Grant Expense Base Bid(contract) Exam Room Curtains (Alt #4 Contract) In -House Admin (estimate 8 %) A/E Construction Services (estimate 2 %) Contingency (estimate 6 %) Loan Contingency 1,802,347 ................ ............................... 750,000 ................ ............................... 250,000 125,000 30,000 125,000 900,000 105,000 3,390,622 6,643 271,781 67,945 203,836 146,520 1,802,347 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,552,347 2,802,347 2,927,347 2,957,347 ................ ............................... 3,082,347 ................ ............................... 3,982,347 4,087,347 3,390,622 3,397,265 3,669,046 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,736,992 3,940,827 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,087,347 Providence Leasehold Improvement Training /Conference Room Funding Sources .............................................. ............................... Providence Expenses Training /Conference Room (Alt #2 - Contract In -House Admin (estimate 8 %) A/E Construction Services (estimate 2 %) Contingency (estimate 6 %) 281,943 243,054 19,444 4,861 14,583 281,943 ........... ............................... 243,054 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262,498 ........... ............................... 267,359 281,943 Total Project Summary TO: THROUGH: FROM: SUBJECT: DATE: Kodiak Island Borough MEMORANDUM Borough Mayor and Assembly ,,,,gg�� Rick Gifford, Borough Manager M Karleton Short, Finance Director r Hospital Parking Lot April 3, 2008 KODIAK ISLAND BOROUGH CLERK'S OFFICE COI' i) FO: A SSEMBLY_ _ THERR_� MANAGER - r)'IIII,u This memo is in response to questions on the proposed funding of the hospital parking lot. The Borough has previously committed $700,000 to this project. At this time it is estimated that the project will require an additional $597,540 in Borough Funding. We are proposing to use $200,000 from the Hospital Enterprise Fund and $397,540 from the Facilities Fund. These will both be FY2009 expenses. The following table shows our expected incoming cash flows and cash outlays in the Hospital Enterprise Fund. Lease revenue Fern Fuller Trust Total cash inflows Facilities Loan Allocated Salaries Support Services Contribution for Equipment Parking lot Total cash outflows $720,000 66,500 786,500 (117,000) (5,000) (19,500) (108, 000) (300,000) (549,500) Remaining $237,000 On a cash basis the Hospital Enterprise fund should be able to fund their contribution to the hospital parking lot project. At this time we are estimating available Facilities Fund interest earnings of $1,775,000. We are budgeting $200,000 for building insurance and $850,000 for debt service. That leaves $725,000 available for other capital projects. If we use $297,540 for this project we will have $427,460 to use on other capital projects. These two sources of funds should cover the Borough's portion of the project. SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT APRIL 3, 2008 REGULAR.MEETING TITLE: Mayoral Appointment to the Prince William Sound Citizens Regional Advisory Council. w This is Mr. Al Burch's reappointment to the Prince Sound Citizens Regional Advisory Council to expire March 2010. ITEM NO; 13.0.1 RECOMMENDED MOTION: Move to confirm the Mayoral appointment of Mr. Al Burch for a term to expire 2009 on the Mission Lake "Tidegate" Service Area Board. WILL1 G� S G *�1 RCAC MEMBERS Alaska State Chamber of Commerce Chugach Alaska Corporation Community of Tatitlek Cordova District Fishermen United Kenai Peninsula Borough Kodiak Island Borough March 6, 2008 Rick Gifford Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Gifford: Kodiak Village Mayors Sincerely, Association Oil Spill Region Environmental Coalition " Jennifer Flem Executive Assistant Prince William Sound Aquaculture Cc: Al Burch Corporation Regional Citizens' Advisory Council / "Citizens promoting environmentally safe operation of the Al In Anchorage: 3709 Spenard Road / Suite 100 / Anchorage, Alaska 99503 / (907) 277 -7222 / FAX (907) 277 -4523 In Valdez: P.O. Box 3089 / 130 South Meals / Suite 202 /Valdez, Alaska 99686 / (907) 834 -5000 / FAX (907) 835 -5926 Alaska Wilderness Recreation & Tourism Association The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to ___... advise you that Al Burch's term on our Board of Directors expires at our May 1 -2, 2008 annual meeting in Valdez. The dedicated seat for the Kodiak Island Borough is its opportunity to influence decisions City of Cordova having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. We greatly value your participation. City of Homer Kodiak Island Borough would best be served by a representative who: City of Kodiak understands her /his community, its needs, concerns and perspectives; has a rudimentary familiarity with oil transportation issues; City of Seldovia has a home and work schedule flexible enough to allow travel; is committed to our mission of promoting environmentally safe operation of the City of Seward Alyeska terminal and associated tankers; and seeks opportunities to foster cooperative relationships with citizens, industry and City of Valdez regulatory agencies. City of Whittier A PWSRCAC director can expect to devote an average of 10 hours a month on PWSRCAC business. The full Board conducts three 2 -day meetings in January, May, and September. Community of In addition, annual budget and planning meetings are held, as well as special meetings and Chenega Bay opportunities to participate in committees or work groups. PWSRCAC staff provides support to board members whenever possible. Please notify us in writing, no later than April 4, 2008, of your selected individual for the Kodiak Island Borough's next two -year term on the PWSRCAC board. This individual will then be expected to attend our May 1 -2, 2008, meeting for confirmation. If Al Burch will continue to be your representative, we ask that you still notify PWSRCAC in writing. If you have further questions about the PWSRCAC or the responsibilities of its directors, please don't hesitate to call me at (907) 834 -5010 or 1- 866 - 478 -7221. Thank you for your cooperation, and we look forward to the Kodiak Island Borough's continued valuable contribution. 1. Call to Order The meeting was convened by the Chair at 7:48 pm. 2. Roll Call 4. Acknowledgement of Financial Report Minutes Fire Protection Area No. 1 Regular Meeting 19 February 2008 — 7:30 pm Bayside Fire Station Members present were Cliff Davidson, Mike Dolph and Greg Spalinger. Absent Member was Rebecca Nelson and Excused Member was Jim Pickett. Mary Barber, E/F Department, was recording secretary. 3. Approval of Agenda It was moved and seconded to approve the Agenda. There was a unanimous affirmative voice vote. 4. Approval of Minutes It was moved and seconded to approve the Minutes from the Special Meeting of February 4, 2008. There was a unanimous affirmative voice vote. It was moved and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. 5. Visitor Comments None. 6. Staff Reports A. Chiefs Report Chair M. Dolph reported that Chief Himes was in Juneau for the Spring Legislative Conference and his report ties directly into the New Business so it will be saved and brought up under New Business. & Lott. B. Borough Staff Report — No current updates from K. Smith with regards to Jensen Yorba C. Chair Report Nothing else other than what he went through. 7. Old Business N:\EF\Service Districts\Fire Protection Area No. 1 Board\Minutes\Mtg Minutes 2008 Page I of 3 8. New Business A. Purchase of New Protective Gear. Chair Dolph told the Board that Chief Himes's report actually wraps this into a request. He is requesting that $7500.00 come out of the Contingency fund, which has a balance of $19,370.00. Chief Himes states in his report that the funds were going to be used as matching funds to the FEMA Grant if awarded, which wasn't so he would like to purchase five sets of turn outs, boots and nomex hoods. C. Davidson asked if five sets were going to be enough. Chair Dolph said that Chief Himes is going to try to maintain a pattern of rotating five or so every year. G. Spalinger said it was his understanding that they needed more but they're hoping a grant will come along to purchase the additional. It was Moved and Seconded to approve the purchase of Turn Out Gear not to exceed $7500.00. Motion Carried with a Roll Call vote. B. Vehicle Repair & Maintenance — Squad 11 Chair Dolph told the Board that Chief Himes wanted to let them know that he has scheduled Squad 11 to go to RC Enterprises for body work and to be repainted on February 25, 2008. The estimated cost is $4300.00 and will be taken out of Auto Repairs/Maintenance fund, which currently has a balance of $11,630.00. Chief Himes also stated in his report that it is his intention to budget to have Squad 12 get body work and painting next year and Tanker 10 the following year. C. Davidson asked if the bodywork and new paint that was needed due to rust. Chair Dolph stated it was due to dings, nicks, etc. and more of a pre- maintenance program. It was Moved and Seconded to approve the body work and paint job. Motion Carried with a Roll Call vote. C. Adoption of Budget Development Plan — 2009 Chair Dolph said the last item is the 2009 budget. Wanted to point out to the Board that there was an error on the first page the column identifying FY2008 year to date 2008 should be 2007. He also stated that it would behoove the Board to look at the numbers that the KIB Finance Department provided compared to what M. Barber provided as there appears to be a discrepancy. G. Spalinger asked if money was going to need to be added. Chair Dolph said that actual revenue for 2007 was $430K and the year to date for 2008 was $419K, so he felt they were in the ballpark. He plans to sit down with Chief Himes when he returns from Juneau and discuss it at the work session on March 4, 2008. Public Notice will go out the week of March 3 and March 10 and the Public Hearing will be held on March 18, 2008. C. Davidson said he will be in Dutch Harbor for the work session and public hearing. 9. Visitor Comments None. N:\EF\Service Districts\Fire Protection Area No. 1 Board \Minutes \Mtg Minutes 2008 Page 2 of 3 10. Board Comments M. Dolph said he hoped that they can keep Jensen Yorba & Lott on track. It seems to be lagging at this point. Also, he wanted to remind the Board of the Appreciation Banquet being held on Friday, February 22, 2008 from 7 — 9pm at KFRC. G. Spalinger said he is concerned about the removal of the house if the weather continues as is. Wanted to know how it will be removed. He also wanted to point out to the Board that he heard the movers came to town and were told not to move the house because the contractor didn't have a place to put it at that time. C. Davidson said it still needs to be done by April 10. M. Dolph agreed with the Board. 11. Meeting Schedule Chair Dolph tentatively scheduled a work session for March 4, 2008 and the next Regular Meeting /Public Hearing for March 18, 2008. 12. Adjournment There being no further business to come before the Board, the meeting was adjourned at 8:10 pm. Respectfully submitted: Mary Barber KIB Engineer Mike Dolph, Chair Fire Protection Area #1 Srao� Date: y ities Dept. N:\EF\Service Districts\Fire Protection Area No. 1 Board\Minutes \Mtg Minutes 2008 Page 3 of 3 Date: /5 i4A4 -2 Meeting Started: 7:05 p.m. Monashka Bay Road Service Area Fisheries Research Center February 26, 2008 Roll Call: - Present are; Randy Spivey, Chaz Glagolich, Darlene Turner, and Drew DeVries. Jim McCullough is excused Minutes: Randy Spivey moves to accept minutes for September 27, 2007 minutes. Chaz seconds motion. Approved unanimously. Public Comments: none New Business: a. Budget 2009 FY- Proposed budget is as follows Personnel Services 600. Snow Removal /Sanding 19,000. Repairs & Maintenance 20,000. Grading/Ditching 5,000. Support Goods & Services 200. Total 44,800. �'. MAR 1 1 2008 BC I+r1 This is just one thousand dollars over last year's proposed budget and will only work if we stick to the line items. Because of billing issues we have spent $51,508.90 so far this year. And we will need to amend FY 08's budget. b. Assignment of Spring Task- On May 15 at 6 pm, we plan to meet on the top of Mt. View and walk down through Three Sisters. And then on May 21 at 6 pm, we will meet at the top of Marmot for the finish up. Anyone with concerns about our road is free to contact us at any reasonable time or join us on the walk- about, as this is a great opportunity to help us help you. c. Road Maintenance Work Plan FY 09 — first on our priority list is the three roads off Marmot. Also if funding is still available after brushing /ditching, Marmot's guard rail needs fixing and four culverts need to be installed on Three Sister's (St. Denny, McNeil, Murray and Thummel). We shall also look at Fox's and DeHart's access. d. Amend Budget for Snow Removal FY 08- Because bills from last year didn't reach us until February, we went over budget on Repairs & Maintenance by $17,685.52. Although, it is possible that monies from Grading /Ditching were not properly cataloged. We are over budget by approximately $6,300, and still have 5 months left in the budget cycle. 1 We have heard nothing but positive reports about our new contractor. And he has relayed to us that the bills will be posted in a timely manner form now on... This last year, we accomplished: ditching/brushing, culverts were placed throughout Marmot, on top of Mt. View, Spruce Cir., and on Devil's Prong. Also, at the foot of Pat Jacobson's house on Marmot, a potential hazard was averted. Debris was removed from last years run off and guard rails were installed on Three Sister's and Marmot. And signs announcing Road Board Meetings, Streets, Speed Limit, and Children at Play were made. We must amend the FY -08 budget by adding $19,000 from reserves to pay for the maintenance and for an estimate of another five thousand dollars for snow removal /sanding to finish off this winter. If monies are not used, then they will go back into the reserves which are at $32,500. The fiscal year ends the last day of June. We speculate Borough Property Tax Revision in the coming years will help us recover and see the reserves at twice the operational budget for emergencies, before we reduce the mill rate. Our ultimate goal is getting the roads in the Service District up to Borough Code. e. Regular Budget Meeting is scheduled for March 11 ` at 7 pm in the Borough Conference Room (Downstairs). Board Comments: Randy Spivey asked if major projects like the guard rail are estimated before they begin. And he is concerned about the reserves not being there when true emergency happens. Chaz Glagolich states that if we didn't spend any money, we would be in more of a bend than now. What was done needed to be done and we are far better off than having those huge ice heaves blocking the ditches like last winter. Drew DeVries states that we have had this problem before. And some sort of supervisor from the Road Board, Pond Committee, or neighborhood needs to stop them in mid shovel if we are to stay on budget. Also he planes to help get the figures to the Borough to bill the residents' part of the culverts. Darlene Turner said that the contractor was called several times looking for bills. Otherwise she couldn't be happier with the quality of their workmanship. Also she reminded us that the guard rail materials were mostly donated to us. Adjournment: 8:10 p.m. Darlene Turner Date Drew DeVries Date President Monashka Bay Road Service Area Secretary/ Treasurer 2 Program Description: Monashka Bay Road Service District is responsible for the road maintenance in the service area. Goal: To maintain, repair, and provide snow removal for roads in the Monashka Bay Road Service Area. Objectives for 2008 -2009 FY Program Budget Summary Monashka Bay Road Service District Our priority list is the three roads off of Marmot. Also if funding is available after brushing /ditching, Marmot's guard rail needs repairing and four culverts need to be installed on Three Sister's (St. Denny, McNeil, Murray and Thummel). We will also look at Fox's and DeHart's access. Significant Budget Changes: We plan to stay within two thousand dollars of last year's propose budget. Previous Year Accomplishments: (FY 2008) This last year, we accomplished: ditching/brushing, culverts were placed throughout Marmot, on top of Mt. View, Spruce Cir., and on Devil's Prong. Also, at the foot of Pat Jacobson's house on Marmot, Debris was removed from last years run off and guard rails were installed on Three Sister's and Marmot. Street signs were purchased for the following: announcing Road Board Meetings; Streets; Speed Limit; and Children at Play. 3 D. Approval of Minutes There were no Minutes. E. Acceptance of Financial Report F. Public Comments Service Area No. 1 Board Regular Meeting 13 November 2007 7:30 pm Bayside Fire Station A. Call to Order Chairperson Ed Mahoney called the meeting to order at 7:30 pm. B. Roll Call Present were Board Members Sharon Lea Adinolfi, Kevin Arndt, Scott Arndt, Charlie Lorenson, Ed Mahoney, Dennis Symmons and Peggy Tuttle. C. Approval of Agenda A motion was made and seconded to amend the Agenda by adding Chair Report. There was a unanimous affirmative voice vote. S. Arndt made a motion to acknowledge receipt of the Financial Report, seconded by Charlie Lorenson. There was a unanimous affirmative voice vote. C. Lorenson questioned if additional monies from reassessments of property along Spruce Cape Road would be incorporated into the Service Area budget. Ed Mahoney and S. Arndt responded yes and that it would be handled by the KIB Finance Department. Gregg Spalinger addressed the Board regarding a continuing parking problem on Ocean Drive. Vehicles parked on the road in front of a residence create a safety hazard and impact road maintenance. He stated this had been an ongoing issue and felt it was the Board's responsibility to take action. P. Tuttle noted that she had spoken with both the Troopers and Martin Lydick of the Community Development Department at the Borough. The Troopers indicated that it was a violation. M. Lydick, enforcement officer for the Borough, advised that this did constitute a violation, a complaint needs to be generated and enforcement will take place. N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2007 \Minutes 13 November 07.doc On another matter, G. Spalinger encouraged the Board to review the tax issue and to conduct another "drive about ". G. Chair Report E. Mahoney expressed concern regarding the Contract for road service maintenance, stating that it did not have enough "teeth" to it. Response by the contractor needs to be better — sometimes there is only a small window of opportunity to have grading done or calcium chloride spread, for example. Getting a reasonably quick response from the contractor has been difficult. He also noted that there is nothing in the Contract controlling materials. It is possible that the Service Area could pay for chips/D -1 being hauled in from some other part of the country — at a high cost. He reminded the Board that the issue of taxes [exemptions] in the Service Area needs to be addressed. He said there are residents who are exempted from paying road taxes but who are able to vote for Board Members and, at some point, could vote for paving but not be taxed for it. H. Old Business There was none. I. New Business Dennis Symmons was welcomed as a new Member of the Board J. Election of Officers S. Arndt and C. Lorenson were nominated for Chair. Ballots were received — the count was C. Lorenson 4 votes and S. Arndt — 3 Votes. C. Lorenson is the new Chair Dennis Symmons was nominated for Vice Chair. The nominations were closed and D. Symmons is the new Vice Chair. K. Public Comments None. L. Board Member Comments C. Lorenson alerted the Board that there are potential problems with future road work. While having a new water line installed on his property, debris and a large 10' -12' log were found, making the installation more difficult and costly. S. Arndt responded that half of the Borough roads were like that — they were not built to any kind of code. C. Lorenson thanked the Board for their support and said to call anytime at 539 1506. N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2007 \Minutes 13 November 07.doc P. Tuttle indicated that the Northstar PTA is trying to reinvigorate the road work/paths project in the school area and encouraged the Board to support this effort. She also asked how the Board could facilitate moving paving projects forward. K. Arndt welcomed D. Symmons to the Board. He also told the Board that Brechan had shut down their operations out the road and will be in town and dedicated to the Service Area road work during the winter. SL Adinolfi spoke about how to actually get issues resolved/accomplished. Note: Pursuant to this comment and after the meeting was adjourned, a Work Session was scheduled for 4 December at 7:00 at Bayside. The mission will be to generate a list, prioritize and initiate a plan of action and stay with it until accomplished. S. Arndt spoke regarding the [Borough] "process" — noting it takes time — follow up is necessary and some things, such as the Northstar path /road work are out of the Board's hands. M. Adjournment There being no further business before the Board, a Motion was made and seconded to adjourn the meeting. The voice vote was unanimous and the meeting was adjourned at 8:15 pm. Respectfully submitted: Sharon Lea • dinolfi 1 Date: , -1/140'R Date: N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \Service District Minutes 2007 \Minutes 13 November 07.doc Kodiak Island Borough Assembly Regular Meeting Guidelines April 3, 2008, 7:30 p.m., Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting of March 20, 2008. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2008 -18 Rezoning Three (3) Parcels of Land on Spruce Island Totaling Approximately 157 Acres From C- Conservation To LI -Light Industrial (P &Z Case 08-017.) Recommended motion: Move to adopt Ordinance No. FY2008 -18. Kodiak Island Borough Assembly Guidelines April 3, 2008 Page 1 Clerk's Note: Nine public hearing notices were sent out, none were returned. Staff Report — Manager Gifford Open public hearing. KIBC 2.17.090 Citizens' Rights.... Written items bearing a request that they be read into the record shall be read aloud by the clerk or designated assembly person. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2008 -19 Rezoning Two Lots in Chiniak Totaling Thirteen (13) Acres From C- Conservation and RR2- Residential Two To RNC -Rural Neighborhood Commercial. Recommended motion: Move to adopt Ordinance No. FY2008 -19. Clerk's Note: Fifteen public hearing notices were sent out. Attached are public comments received. Memo from Bud Cassidy, CDD Director, regarding Trade and Manufacturing Sites is attached and is copied on paper. Staff Report — Manager Gifford Manager Gifford announces that the title for Ordinance No. FY2008 -19 must be amended by inserting the words "and RR -2 Residential Two" after C- Conservation. Recommended motion: Move to amend the title of Ordinance No. FY2008 -19 by inserting the words "and RR -2 Residential Two" after C- Conservation. ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. KIBC 2.17.090 Citizens' Rights.... Written items bearing a request that they be read into the record shall be read aloud by the clerk or designated assembly person. Kodiak Island Borough Assembly Guidelines April 3, 2008 Page 2 Written comments are attached on yellow paper. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION AS AMENDED. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2008 -30 Authorizing the Manager to Execute Contract No. FY2008 -30 for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. Recommended motion: Move to Authorize the Manager to Execute Contract No. FY2008 -30 for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center with Brechan Enterprises, Inc. in an amount not to exceed $4,914,060. Staff Report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions C. Ordinances for Introduction D. Other Items 1. Mayoral Appointment to the Prince William Sound Citizens Regional Advisory Council. Recommended motion: Move to confirm the Mayoral appointment of Mr. Al Burch for a term to expire 2010 on the Prince William Sound Citizens Regional Advisory Council. Staff Report — Clerk Javier. Kodiak Island Borough Assembly Guidelines April 3, 2008 Page 3 ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. The Assembly work session of Thursday, April 10, 2008 and the Regular Meeting of Thursday, April 17, 2008 have been cancelled. The Assembly will meet on Saturday, April 19, 2008 at 9 a.m. in the Borough Conference Room to discuss Land Sale Management with the Planning & Zoning Commission. The next Assembly work session will be held on Thursday, April 24, 2008 in the Borough Conference Room and the next Regular Meeting will be held on Thursday, May 1, 2008 in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines April 3, 2008 Page 4 CC CP C Z O W N I o saA Mr. Abell Ms. Bransorj- Mr. Friend Ms. Jeffrey Ms. Lynch ;lennso •aW Ms. Stutes TOTAL In case of a tie Mayor Selby fc____ O W N V 4211 1-. [O N saA 0 Mr. Abell Ms. Branson (,A Mr. Friend A ri Ms. Jeffrey Ms. Lynch zieMSO •dw Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby m m Z o �> 6 o N 0 SaA ' \ NVH Mr. Abell fir Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes NYONE WISH TO C TOTAL In case of a tie Mayor Selby m c Z O W N o N saA O Id s oa Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes J TOTAL In case of a tie Mayor Selby m C Z o W N --e,4 ON saA \\\ Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby CJ 4- 0 0 Cl/assembly/roll call sheet >' m C z 0 W H oN saA Mr. Abell Ms. Branson 1 pualid 'aW Ms. Jeffrey I Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby 5: m C Z 0 W 0 O N SBA Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby ,_ >' m ----) 6 Z O W N ',..)--> c' 1111ESINE Yes No Mr. Abell V„ Ms. Branson 1 V, 1 Mr. Friend V I Ms. Jeffrey V ,j' Ms. Lynch I VI Mr. Oswalt 42r V Ms. Stutes ,.... VWH IV.(ONE WISH TO C TOTAL In case of a tie Mayor Selby 5, CO c, a/ O W Vf ._....; i_-. O N r-. Yes Mr. Abell V, 1121E Ms. Branson 1 4 Mr. Friend 1 V Ms. Jeffrey V, Ms. Lynch * �✓ Mr. Oswalt Ms. Stutes \� Iv ma i-) V TOTAL In case of a tie Mayor Selby >' m ° 0 W N 11111b o O N t saA TOTAL 1 In case of a tie Mayor Selby Mr. Abell 1 Ms. Branson 1 Mr. Friend 1 Ms. Jeffrey i Ms. Lynch Mr. Oswalt Ms. Stutes 1- W W N J J Q V J J O J m W H H 4 0 0 CC 0 m 0 z 5 in 4 0 0 -o 0, c w > c O U Cl/assembly/roll call sheet 2, Foz _ _,_ _______ lJl. !O6�/J/ t,w c_t., e1- 6s 11 1 W - '14 Mai/twin 5 tAki -or � r-L/t-e W c rz W ob d Zex. / g or— 1304 /Hey W ,A T .„,,, ii /1 eil-(ee? bro-?=-r 4 /2m .4ekte. ___0.7.., zi I 16 A4 CC/ ___,/i LAA,C-C15 ,,.=.4.0a7, 6,/,,,,,_ LA, 64,k,(A/ e ./66/ ckJ c am" .,/ , . /,,, ,j, 1,1km GL ( '-'"6' etil,5c4eleilre. , 1. p• 4 v ■ ; ,.." Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: "iti NJ Yta . if ) ppter ft-- e k weti C( { i eonn i ; d ci r .5 (ec . ?) 114- P i3 -4-----ez z ta lo a c ,q,c, /2E04 'D 03,-4(_ lobt*iftivi-- __oru(JA se(6 c "f 7 Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Please print your name