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2009-02-19 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, February 19, 2009, 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. 5. APPROVAL OF MINUTES A. *Regular Meetings of December 18, 2008 and January 22, 2009. 6. AWARDS AND PRESENTATIONS A. Student of the Month B. Employee of the Quarter C. Employee of the Year D. Presentation of Certified Municipal Clerk Designation E. Certificate of Recognition for the KIB Seismic Hazard Mitigation Program F. Certificate of Recognition — Justin Blott 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. KICVB Update — Janet Buckingham 9. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Request for New Ownership of Southern -Odom Wine and Spirits of Alaska LLC, Wholesale License #4860. B. Ordinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances, Title 3 Revenue and Finance Chapter 3.10 Public Finance — Management and Accounting by Repealing Section 3.10.130 Education Fund. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District. (P &Z Case 08 -023) 13. NEW BUSINESS A. Contracts — 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 1 of 2 B. Resolutions 1. Resolution No. FY2009 -19 Establishing Citizens Board of Equalization Dates for the Year 2009. 2. Resolution No. FY2009 -20 Authorizing the Borough to Issue General Obligation Refunding Bonds in the Principal Amount Not to Exceed $7,150,000 to Refund Certain Outstanding General Obligation Bonds of the Borough, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. C. Ordinances for Introduction 1. *Ordinance No. FY2009 -15 Rezoning Lots 20, 21, and 22 Of U.S. Survey 3098 From B- Business To PL- Public Use Lands. 2. 43 No. FY2009 -16 Amending Kodiak Island Borough Code of Ordinances by Renaming Title 12 Streets and Sidewalks to Title 12 Naming Buildings, Public Facilities, Streets and Sidewalks and Creating Chapter 12.15 Buildings, Other Fixed Facilities and Public Places. 3. Ordinance No. FY2009 -17 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel by Adding Chapter 2.150 Fisheries and Oceanic Research Board and Amending Chapter 2.100 Boards, Committees, and Commissions Section 2.100.010 Board, Committee, and Commission Members Subject to This Chapter. 4. Ordinance No. FY2009 -18 Rezoning Tract A, U.S. Survey 4964 From C- Conservation To RR2- Rural Residential Two. D. Other Items 1. APPEAL TO THE ASSEMBLY An Appeal to the Planning And Zoning Commission's Decision on Case No. S09- 010 DENYING Preliminary Approval, According to KIBC 16.40, of the Re- Subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the Re- Subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1s Addition; Including a Vacation of the 60- Foot Wide Perenosa Drive Right -of -Way, According to KIBC 16.60, to Create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1s Addition; Lot 2A, Block 2, Kadiak Alaska 1s Addition; and Tracts B (Utility Corridor) and C (Park), Within Kadiak Alaska 1s Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School). 2. Confirmation of Mayoral Appointment to the Kodiak Arts Council Advisory Board. 3. Confirmation of Assembly Appointments to the Personnel Advisory Board. 4. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. 5. Confirmation of Assembly Appointment to the Board of Equalization. 6. Request by Mr. Omar Stratman for an Amicus Brief 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. Parks and Recreation Committee Regular Meetings of October 14, November 13, and December 23, 2008. 2. Planning and Zoning Commission Special Meeting of December 17 and Regular Meeting of December 17, 2008. 3. Service Area No. 1 Board Regular Meeting of December 9, 2008. B. Reports 1. Kodiak Island Borough January 2009 Financial Report. 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 December 18, 2008 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, December 18, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Don Rush of Providence Kodiak Island Medical Center. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, and Chris Lynch. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Assessor Tom Anderson, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn. Assembly member Stutes was absent and asked to be excused due to personal leave. BRANSON moved to excuse Assembly member Stutes who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. BRANSON moved to amend the agenda by adding Certificate of Recognition under Item 6 Awards and Presentations. VOICE VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY. VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special meeting minutes of November 20, 2008 and Regular meeting minutes of December 4, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented a Certificate of Recognition to Trevor Dunbar, a senior at Kodiak High School, three -time 4A Alaska State Champion, and who finished second place in the Foot Locker Cross Country Championships in San Diego, California. Trevor Dunbar accepted the certificate and thanked the community for its support. Marcus Dunbar thanked the Assembly for its recognition of Trevor's accomplishments. CITIZENS' COMMENTS Charlie Powers, Koniag, Inc. Vice President, shared information with the Assembly regarding the pursuit of developing the Shakmanof Point gravel quarry. He asked for the support of the Assembly in determining the means necessary to facilitate access to the material from the site. It was requested that the report referred to by Mr. Powers be provided to the Clerk's office for distribution to Assembly members. Kodiak Island Borough Assembly Minutes December 18, 2008 Page 1 COMMITTEE REPORTS Don Rush, Providence Kodiak Island Medical Center Administrator, provided the Assembly with a year -end report. He thanked the Borough for its work on the hospital's new parking area and the Assembly for its support in looking into funding for a new long -term care center. Assembly member Branson spoke in support of the long -term care center at Providence (Green -house model). She encouraged the Assembly and community members to work on funding the care center through the CIP list. PUBLIC HEARING A. Ordinance No. FY2009 -13 Amending Kodiak Island Borough Code Of Ordinances Title 3 Revenue And Finance Chapter 3.35 Real Property Tax Section 3.35.080 Reserve Policies. FRIEND moved to adopt Ordinance No. FY2009 -13. In order to remain consistent with other jurisdictions, the Kodiak Island Borough Assessor's Office sought to amend KIBC 3.35.080 by requiring applicants for exemption from real property taxes to comply with AS 29.45.030(f). The applicant must have been eligible for a Permanent Fund Dividend under AS 43.23.005 for that same year or for the immediately preceding year; or if the individual had not applied, the individual would have to have been eligible for one of the PFDs for which they'd applied for. Mayor Selby opened the public hearing. Hearing and seeing none Mayor Selby closed the public hearing. FULP moved to amend the motion by including, "If a senior citizen, disabled veteran or widow /widower does not receive or qualify for a State of Alaska Permanent Fund Dividend, then they must verify that they were: 1) a resident of the State of Alaska for the entire year subsequent to the year they are applying for the exemption, and 2) they must own and occupy their property for a minimum of 90 days during the calendar year they are seeking the exemption." Assembly member Fulp requested that this wording be included because there are people in the State that do not qualify for a PFD due to various legal reasons or others due to traveling are not residents of the State for more than 90 days. Assessor Anderson, in response to the amendment request, stated the amendment would create several conflicts with Alaska Statutes and the way Alaska assessors currently interpret and apply the residency requirements. Further discussion on the amendment ensued. ROLL CALL VOTE ON MOTION TO AMEND FAILED FIVE TO ONE: Branson, Friend, Jeffrey, Kaplan, and Lynch (Noes); and Fulp (Aye). ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO ONE: Friend, Jeffrey, Kaplan, Lynch, and Branson (Ayes); and Fulp (No). B. Ordinance No. FY2009 -01 C Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects. BRANSON moved to adopt Ordinance No. FY2009 -01 C. The ordinance would: Kodiak Island Borough Assembly Minutes December 18, 2008 Page 2 • budget $12,000 for the school crossing guard program. • increase the Clerk's department budget by $3,000 to cover APOC costs. • increase the child care assistance department by $1,000 to $102,048. This was due to an increase in the State grant. • increase L.E.P.C. department by $16,000 to $33,800. This was due to an increase in the State grant. • transfer $24,000 from the General Fund to the Borough Capital Projects fund to pay part of the costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transfer $160,530 from the Debt Service Other fund to Borough Capital Projects to pay the majority of costs to upgrade the New World Systems financial software from an AS400 platform to a .net platform. • transfer $10,000 from the Debt Service Other fund to the Debt Service fund to cover a $9,862 deficit. • increase the Solid Waste Disposal fund by $40,000. Closure /post - closure costs were budgeted at $200,000 but were projected to be $240,000. • the Borough took over the responsibility for the Hospital access and parking project, the foundation for the new clinic project, and the Providence Leasehold project. The total of these projects was $5,186,542. The sources of revenue were listed on the budget ordinance. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Received notice that the Denali Commission funded the $125,000 funding request for the Island -wide Transportation Study. The Commission funds combined with the Alaska Department of Transportation (ADOT) matching funds of $100,000 gave the Borough $225,000 for the project. Communication between Lobbyist Mark Hickey and ADOT had commenced to come up with an agreement for the funds. • Received notice from Division of Homeland Security and Emergency Management that the Borough won the Western States Seismic Policy Council Mitigation Award and an overall Award of Excellence for 2009. The award was a national level of recognition for the community's efforts in seismic hazard safety. Congratulations were extended to Borough staff and the community for the work done in taking care of seismic issues. • Met with City Manager Linda Freed to discuss joint work session dates. Tuesday, February 3, 2009 was determined to work best for all due to Assembly member travel and other events that would be occurring. Consensus of the Assembly was given to approve the date. • Union negotiations were completed and a draft contract was being prepared for the Assembly to approve in January. • Washington update report from Lobbyist Brad Gilman was provided to the Assembly. The report discussed the economic stimulus legislation. • Between July 1, 2008 and December 9, 2008 the Borough had 42 junk vehicles removed. The average cost of moving and disposing junk vehicles is over $400 and could run up to $800 per vehicle. Mayor Selby opened the public hearing. Hearing and seeing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Branson, Friend, and Fulp. Kodiak Island Borough Assembly Minutes December 18, 2008 Page 3 • Recent suspicious fires around town were being investigated by the State Troopers. Anyone with information was encouraged to contact the State Troopers or Crime Stoppers. • The Kodiak pool was over 50% complete and project completion was on schedule for August 2009. The Kodiak Middle School Seismic Program, Phase 2B was scheduled to be complete summer 2009. The Gym portion of the project was scheduled to be complete next year. The seismic portion of the Ouzinkie Gym Renovation was complete. The actual gym renovations were scheduled to be completed in March 2009. The Community Health Clinic was over 50% complete and scheduled for completion in May 2009. • Governor Palin submitted her budget and the Kodiak School Seismic Mitigation project was included for the amount of $3,236,143. • Recommended cancelling the January 6 work session and January 8 regular meeting. Consensus to cancel was given. • President Bush declared December 26 as a federal holiday. Based on the collective bargaining unit and past arbitration decisions, Borough offices will be closed on Friday, December 26, 2008. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby: • Congratulated Manager Gifford and Community Development Director Bud Cassidy for receiving the Homeland Security Award for the seismic projects. • Wished everyone happy holidays and thanked the agencies in the community that were helping Kodiak's less fortunate families through the holidays. UNFINISHED BUSINESS - None. NEW BUSINESS Contracts 1. Contract No. FY2009 -07 with New World Systems Corporation to Upgrade the KIB Financial System From the AS400 Financial System to a Network Platform. FRIEND moved to authorize the manager to enter into a contract with New World Systems Corporation to upgrade the KIB financial system from the AS400 financial system to a Network Platform in an amount not to exceed $184,530. Since 1990 the Kodiak Island Borough financial software (New World Systems) existed on an IBM AS400 platform. Due to the change of technology since the Borough first started using New World Systems there was a need to change the program. The New World Systems software network platform would serve the needs of the Borough much better than the older AS400 platform. The new system would be graphic based instead of text based. It would be easier to download reports and data into Word and Excel programs, making both the budget and the annual report much easier to produce. The new Assessing program that was being implemented by the Borough was also network based. The Borough's existing data would be converted to the new system so that the financial history would be accessible on -line. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Branson, Friend, Fulp, and Jeffrey. Kodiak Island Borough Assembly Minutes December 18, 2008 Page 4 2. Contract No. FY2009 -03 Six Month Extension of Threshold Services, Inc. Contract. FULP moved to authorize the manager to sign an amendment to Contract No. FY2009 -03 with Threshold Services Inc. of Kodiak, AK extending the contract period from January 1 to June 30, 2009. The Borough's landfill enterprise fund was financially funded through user fees, residential and commercial garbage fees, and fees charged at the landfill for various wastes. These funds covered costs for the solid waste collection contract, landfill operational disposal costs, and community recycling efforts. The Borough was contracted with Threshold Services, Inc. to provide recycling services for a six month period (ending January 1, 2009) with an option to extend the contract for an additional six months. It was expected that the current landfill budget for recycling efforts ($200,000) would cover the Threshold contract costs through January 2009; however, Threshold proposed to extend the contract for the optional six -month period at an estimated additional cost of $100,000. In order for the landfill budget to cover the cost for the remaining five months of the fiscal year, it was estimated that residential rates would need to increase $7 per month; which would be an addition to the current residential rates of $31 for a total of $38 /month. It was possible to raise commercial rates but was not recommended due to rates already being paid by commercial users. Assembly member Lynch stated that she is president of Threshold Services and would not declaring a conflict of interest due to no substantial financial interest was involved. Assembly members applauded the efforts of Threshold and encouraged the community to continue their recycling efforts. It was specified that the $100,000 cost to extend the contract would come out of the Fund account balance and residential rates would not be increased with the extension of the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Branson, Friend, Fulp, Jeffrey, and Kaplan. Resolutions 1. Resolution No. FY2009 -15 Updating the Name of the Law Firm to Jamin Law Office and Specifying a Validity Date for the Agreement. FRIEND moved to adopt Resolution No. FY2009 -15. KIBC 2.65.020 Procedure for appointment states that the Assembly shall appoint the attorney by resolution. The law firm of Jamin, Ebell, Schmitt and Mason was named as the law firm to perform duties as Borough attorney by Resolution No. 2001 -07 on February 15, 2001. Resolution No. FY2009 -15 would update the law firm's name to Jamin Law Office and would also require a regular review and reauthorization of the Borough attorney. The resolution would be in effect until June 30, 2010. Mayor Selby explained the proposed evaluation process. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. Kodiak Island Borough Assembly Minutes December 18, 2008 Page 5 2. Resolution No. FY2009 -16 Certifying the FY2009 Shared Fisheries Business Tax Program Application to be True and Correct. BRANSON moved to adopt Resolution No. FY2009 -16. The resolution would certify the information contained in the Kodiak Island Borough FY2009 Shared Business Tax Program application to be true and correct. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Branson. Ordinances for Introduction - None. Other Items - None. CITIZENS' COMMENTS - None. ASSEMBLY MEMBER COMMENTS Assembly member Friend congratulated Trevor Dunbar on his accomplishments. He spoke on the Shakmanof Point gravel quarry mentioned by Mr. Powers. He expressed appreciation for the report given by Mr. Rush, and praised the work on the hospital's parking lot and solarium. He congratulated Manager Gifford and CDD Director Cassidy on receiving the seismic award. He mentioned that the Architectural Review Board put in a lot of time and energy on the seismic projects. He expressed excitement about the curbside pick -up being initiated by Threshold and wished everyone a Merry Christmas and happy New Year. Assembly member Fulp congratulated Manager Gifford and CDD Director Cassidy on receiving the seismic award. She congratulated Trevor Dunbar and expressed appreciation for Mr. Jamin's service to the Borough through the years. She wished everyone a Merry Christmas and happy New Year. Assembly member Branson congratulated Trevor Dunbar. She congratulated Borough staff for the awards that were received and the Denali Commission funding, and was glad to hear that the governor had put the seismic project in the budget. She wished everyone happy holidays. Assembly member Jeffrey congratulated Providence for getting the CT scan machine for the community. She congratulated Trevor Dunbar. She was happy to hear that the pool would be completed by the end of the summer 2009. She also expressed excitement that the Borough had received the Denali Commission funding for the study of the island -wide transportation needs and services. She congratulated Borough staff for the seismic award and wished happy and safe holidays to all. Assembly member Kaplan congratulated Trevor Dunbar and his family. He congratulated Manager Gifford, CDD Director Cassidy and Borough staff for getting the seismic award and the Denali funding. He thanked Administrator Rush for his year -end report and wished everyone happy holidays. Assembly member Lynch congratulated Trevor Dunbar and thanked Mr. Powers for representing Koniag and for the update on Shakmanof Point quarry. She felt it was important for the private sector to keep the Borough appraised of potential market capabilities. She congratulated Borough staff on the seismic award and thanked Assessor Tom Anderson for his Kodiak Island Borough Assembly Minutes December 18, 2008 Page 6 time in researching the exemption issue so that the Assembly was well informed in making its decision. Announcements Mayor Selby announced the Kodiak Island Borough offices would be closed Thursday, December 25 and Friday, December 26 in observance of the Christmas Holiday and Thursday, January 1, 2009 in observance of New Year's Day. The work session scheduled on Tuesday, January 6, 2009 and the regular meeting scheduled on Thursday, January 8, 2009 had been cancelled. The next work session was scheduled on Thursday, January 15, 2009 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, January 22, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Borough Assembly was scheduled to meet Saturday, January 10, 2009 at 9 a.m. at the Kodiak Fisheries Research Center to discuss the Kodiak Island Borough Strategic Plan. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Branson, and Friend. The meeting adjourned at 9:05 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes December 18, 2008 Page 7 KODIAK ISLAND BOROUGH Assembly Regular Meeting January 22, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, January 22, 2009 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda as submitted. VOICE VOTE ON MAIN MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES — None. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award for January to Madison Strong, a senior at the Port Lions School. Manager Gifford announced that the Employee of the Quarter award was postponed to the February 19, 2009 regular meeting. CITIZENS' COMMENTS Marion Owen, Solid Waste Advisory Board, member gave an update on the efforts of the Board's Outreach /Education Committee which included coming up with a Recycling Program logo, "Reduce, Reuse, Recycle ". Teri Storch thanked the Assembly for its support of the community and asked that the Assembly consider making adjustments to the Mobile Home Code for recreational (motor home) vehicles in Kodiak by making them more lenient. This will support the Pacific Northwest States' "RVs for the Homeless" program addressing homelessness. Mel Stephens urged the Assembly to amend Resolution No. FY2009 -17 by removing the Near Island Research and Administration Facility project from the list. COMMITTEE REPORTS Valerie Palmer, U.S. Army Corp of Engineers Environmental Engineer provided the Assembly with an update of the Corp's accomplishments for the past year. Assembly member Friend reported that the Architectural Review Board would hold a meeting on Wednesday, January 28 to review the Bayside Addition 95% drawings. Assembly member Kaplan reported that the School District Board met on January 17 and 24, 2009 to review the School District budget. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 1 Assembly member Fulp reported that there was discussion at the Kodiak College Council meeting on the Smart Start program which gets students up to speed academically so that they can continue their education. Assembly member Branson reported on the Providence Island Service Area Community Board meeting. Kodiak Area Native Association has agreed to support the new long -term Care Center by contributing $50,000 to assist with housing seniors of the community. The two groups will meet monthly to review funding options. Assembly member Jeffrey announced that the Kodiak Fisheries Advisory Committee would be meeting Monday, January 26 at 9 a.m. at the Kodiak College and invited the public to attend. PUBLIC HEARING — None. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • The Borough received a bond rating of A- from Fitch Ratings. The rating reflects stable revenues and economic resilience for the Borough. The Borough was working with its financial advisor to look at refinancing the 1998 bonds. • The landfill received its Alaska Department of Environmental Conservation (ADEC) evaluation and was given a grade of 84.6% for the reduction of the amount of litter, management of the metal area, and work on the leachate seep area. The landfill staff and Engineering /Facilities department was commended for its hard work. • He would be attending the Annual SWAMC Conference in Anchorage, January 28 -29. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby: • Would be attending the AML Winter Legislative meeting in Juneau, January 28 -29. • Commended Manager Gifford and Finance Director Short for the good bond rating the Borough received. He also commended Manager Gifford, Engineering /Facilities Director Koning, Environmental Specialist Tracy Mitchell, and the landfill staff for the good rating by ADEC. UNFINISHED BUSINESS - None. NEW BUSINESS Contracts 1. Contract No. FY2009 -11 Collective Bargaining Agreement With the International Brotherhood of Electrical Workers Local 1547. BRANSON moved to authorize the Manager to execute Contract No. FY2009 -11 with the International Brotherhood of Electrical Workers Local Union 1547 and to adjust the Borough salary schedule to reflect the COLA for all Borough employees (union and non - union) effective January 1, 2009. During the months of October, November, and December 2008, the Kodiak Island Borough management team met with the International Brotherhood of Electrical Workers Local Union 1547 negotiating team to discuss the terms of the IBEW contract which expired December 31, 2008. The new terms and conditions were negotiated before the end of December 31, 2008 and Kodiak Island Borough Assembly Minutes January 22, 2009 Page 2 were required to be ratified by the Union members and approved by the Assembly. The Union members ratified the new contract on January 6, 2009. In addition to changing the term of the original contract from January 1, 2009 through December 31, 2011, it was agreed to give a five percent cost of living allowance (COLA) to employees, effective January 1, 2009. Also, effective January 1, 2010, an adjustment of the salary schedule by an increase of 75% of the Anchorage CPI -U, as measured from July 1, 2008 to June 30, 2009 with a minimum COLA of 0.5% and a maximum COLA of 4 %; and effective January 1, 2011, again an adjustment of the salary schedule by an increase of 75% of the Anchorage CPI - U, as measured from July 1, 2009 to June 30, 2010 with a minimum COLA of 0.5% and a maximum COLA of 4 %. There was the possibility of a wage reopener prior to the third year of the contract, if necessary. Additional items negotiated and agreed upon were outlined. Mayor Selby thanked the Manager for working towards an agreement for a reasonable contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 2. Contract No. FY2009 -12 Upgrade of KIB Public Safety Radio Systems with Aksala Electronics, Inc. FRIEND moved to authorize the Manager to execute Contract No. FY2009 -12 with Aksala Electronics, Inc. for the upgrade of Kodiak Island Borough Public Safety radio systems for an amount not to exceed $70,320. The Kodiak Island Borough was awarded the 2007 Public Safety Interoperable Communications Grant 2007 -GS -H7 -0025 from the Alaska Division of Homeland Security and Emergency Management. The grant would be used to upgrade current radios and purchase new radios where needed to upgrade the systems used by the Women's Bay Fire Station, Bayside Fire Station, Chiniak EMS First Responders, Providence Kodiak Island Medical Center, Kodiak Island Search and Rescue, Kodiak Island Borough Landfill, and Kodiak Amateur Radio Emergency Services. The project would upgrade all radios to an AES encryption system so that they were compatible with the City and new Coast Guard Radio systems. During the programming upgrade all old legacy radios would be replaced with new P25 digital radios to meet current national standards for public safety radios. The contract would be a sole source contract with Aksala Electronics to upgrade KIB Public Safety radio systems. Sole source approval was requested because Aksala Electronics was the original vendor for the radio equipment to be upgraded. Aksala Electronics retained necessary programming and frequency information in their data banks for all radios, was the only authorized lcom Radio dealer and maintenance facility in Kodiak and had been the Borough's communications vendor for all past projects, familiar with the needs and equipment of the Borough. Going out to bid and awarding to another vendor would incur additional costs for travel, hotels, per diem, programming, and frequency coordination. The grant award was based on estimates provided by Aksala for the project, which were the best prices available for the scope of work. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 3 Resolutions 1. Resolution No. FY2009 -17 Adopting a Federal Capital Improvement Projects Priority List for the Fiscal Years 2009 -2013. JEFFREY moved to adopt Resolution No. FY2009 -17. The resolution designated the Borough's top six federal legislative capital improvement project priorities for fiscal years 2009 -2013. These were projects that the Borough forwarded to Kodiak Island Borough's congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete the projects. Four of the projects were submitted for possible inclusion in a stimulus bill that Congress was proposing. Manager Gifford explained the process for submitting the projects to various agencies for funding. He clarified that other than staff time the Near Island Research Facility was being funded through the State. The proposal of the building would allow for forward movement to lease the building to potential agencies. Although initially proposed as the new Alaska Department of Fish and Game building, NOAA and the University of Alaska were also interested in leasing parts of the proposed Near Island Research Facility. Assembly members spoke in support of the proposed Near Island Research Facility, stating that it was important to think of the future of the community by building a facility that would be adaptable for various agencies to be housed for multiple uses. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. 2. Resolution No. FY2009 -18 Adopting the Kodiak Island Borough Strategic Plan for the Years 2009 -2013. BRANSON moved to adopt Resolution No. FY2009 -18. The Assembly held a strategic planning session January 10, 2009 and the session culminated in the preparation of Resolution No. FY2009 -18 which outlined the Borough's mission and guiding principles. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. Ordinances for Introduction 1. Ordinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances, Title 3 Revenue and Finance Chapter 3.10 Public Finance — Management and Accounting by Repealing Section 3.10.130 Education Fund. JEFFREY moved to adopt Ordinance No. FY2009 -14 in first reading to advance to public hearing at the next regular meeting of the Assembly. Ordinance No. 96 -14 was adopted in October 1996 establishing an Education Fund for all education programs in the Kodiak Island Borough. The thought was that these monies would provide revenue for future education programs' operating expenses. Based on actual settlement funds of approximately $1 million with a possibility of another $1 million of interest if additional litigation were successful, it was recommended that this section of Kodiak Island Borough Assembly Minutes January 22, 2009 Page 4 the code be removed and repealed. Administering /maintaining a fund and dividing up the relatively insignificant earnings each year would be non - productive. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. Other Items 1. Mayoral Appointment to Parks and Recreation Committee. FRIEND moved to confirm the Mayoral appointment of Mr. Rick Lindholm to the Parks and Recreation Committee for a term to expire December 31, 2011. There was one vacant seat on the Parks and Recreation Committee which expired December 2008. Mr. Rick Lindholm was confirmed to the seat in October 2008. On December 15, 2008, Mr. Lindholm resubmitted his application for the seat term to expire in 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. 2. Declaring a Seat on the Service Area No. 1 Board Vacant. This item was approved on the consent agenda. During the 2008 elections Mr. Scott Arndt received write -in votes for one of three vacant seats on the Service Area No. 1 Board. Mr. Arndt accepted the vacant seat for a term to expire 2011. The seat he originally held was due to expire 2010 and needed to be declared vacant so that proper advertisement could occur. Mr. Arndt's letter of resignation for his original seat was provided. 3. Appointment to the Service Area No. 1 Board. FRIEND moved to confirm the Assembly appointment of Mr. Alan Torres to the Service Area No. 1 Board for a term to expire October 2009. The Service Area No. 1 Board met on December 9, 2008 to review applications received for the vacant seat term to expire 2009. Mr. Alan Torres submitted his application to the Service Area No. 1 Board on July 23, 2008 and was the sole applicant. The Board recommended the appointment of Mr. Torres to the vacant seat for a term to expire October 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 4. Resignation of Planning and Zoning Commission Members. This item was approved on the consent agenda. Ms. Erin Harrington and Mr. Jim Purdy submitted letters of resignation on January 2, 2009. The resignations of Ms. Harrington and Mr. Purdy for terms to expire December 31, 2011 from the Planning and Zoning Commission were accepted by the Assembly and Clerk Javier was directed to advertise the vacancies per Borough Code. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 5 5. Resignation of Board of Equalization Member. This item was approved on the consent agenda. Mr. Jim Nagan submitted a letter of resignation from the Board of Equalization on January 6, 2009. The resignation of Mr. Nagan for a term to expire December 31, 2009 from the Board of Equalization was accepted by the Assembly and Clerk Javier was directed to advertise the vacancy per Borough Code. 6. Mayoral Appointment to Architectural Review Board. JEFFREY moved to confirm the Mayoral appointment of Mr. Scott Bonney and Mr. Peter Malley to the Architectural Review Board for terms to expire December 31, 2011. There were two vacant seats on the Architectural Review Board which expired December 2008. Applications for the terms to expire in 2011 were received from Mr. Cliff Ford, Mr. Reed Oswalt, Mr. Peter Malley, and Mr. Scott Bonney. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 7. State of Alaska Alcoholic Beverage Control Board Request for Renewal of Liquor License Applications. JEFFREY moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board (provided below) with the exception of the Kalsin Bay Inn #621 (Beverage Dispensary) and Kalsin Bay Inn #622 (Package Store) applications based on unpaid taxes. The Clerk's office conducted a routine investigation. Trouble reports and unpaid real and personal property tax information compiled during the investigation were provided. LICENSEE LICENSE # DBA LICENSE TYPE Safeway, Inc. #174 Safeway #2522 Package Store BPO Elks Lodge #1772 #254 Tropic Beverage Dispensary BPO Elks Lodge #1772 #364 BPO Elks Lodge #1772 Club Mecca, Inc. #711 Mecca Bar & Restaurant Beverage Dispensary Henry's Great Alaska #1061 Henry's Great Alaska Restaurant Beverage Dispensary Restaurant, Inc. El Chicano, Inc. #3299 El Chicano Mexican Restaurant Beverage Dispensary Eugene's, Inc. #3480 Eugene's Restaurant Beverage Dispensary Kodiak Island Brewing #4259 Kodiak Island Brewing Company Brewery Company, LLC Ocean Enterprise of #4325 Old Power House Restaurant Beverage Dispensary Alaska, Inc. VFW Katmai Post #7056 #1205 V.F.W. Post #7056 Club Alaska Commercial #1796 AC Express /Bells Flats Package Store Company Circle B, LLC #1955 Olds River Inn Beverage Dispensary/ Tourism Seasonal Toni Munsey & Val Flinders #2639 Rendezvous, The Beverage Dispensary Frank Charles Bertrand III #1711 Hopper Valley Roads End Beverage Dispensary/ Seasonal ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 6 8. Mayoral Appointment to the Solid Waste Advisory Board. FRIEND moved to confirm the Mayoral appointment of Mr. Nick Szabo to the Solid Waste Advisory Board for a term to expire December 31, 2009. There was one seat on the Solid Waste Advisory Board which was declared vacant on November 6, 2008. Mr. Szabo submitted his application for the term to expire December 31, 2009. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. CITIZENS' COMMENTS - None. ASSEMBLY MEMBER COMMENTS Assembly member Lynch congratulated Madison Strong as student of the month and the landfill staff for the 84.6% ADEC score. She acknowledged the continued improvement in relations with ADEC which was reflected in the evaluations. Assembly member Stutes congratulated Madison Strong and the individuals that were appointed to the various boards and committees. She reported that she had the opportunity to attend the Solid Waste Advisory Board (SWAB) meeting, and felt the members have put in a lot of energy into their endeavors. She stated that SWAB members had indicated to her that they would not be adverse to expanding the board if there was an interest by others in the community. She expressed appreciation for the Mayor's explanation of the lease situation for the proposed ADF &G building, because fishing was the community's main economic basis. She felt the explanation would relieve public concerns about the Borough building a facility without a lease yet in place with the State. Assembly member Kaplan congratulated Madison Strong and was glad to see that the CIP projects were approved and would be moving forward. Assembly member Friend congratulated Madison Strong as student of the month and the landfill staff for its efforts in improving the condition of the landfill. He felt that SWAB's proposed public service announcements were a good idea and reported that Sustainable Kodiak would be holding a forum on Thursday, January 29 at 7 p.m. at the Wildlife Refuge building. Assembly member Jeffrey spoke of the efforts that were put forth at the Strategic Plan work session. She was glad to see forward movement in various areas that were needed throughout the community, such as paving roads and the recycling program. She spoke of the possible Anton Larsen Bay Dock funding which was necessary for the communities and fishing vessels of that area. She noted that she would be attending SWAMC and looked forward to the discussions on the changes of the ecosystem in the Gulf of Alaska and what could be anticipated by such. She congratulated Madison Strong as student of the month for Port Lions. Assembly member Fulp congratulated Madison Strong and reported that basketball regions would be held the first week in March. She thanked those that were responsible for their efforts in keeping the roads and sidewalks clear of snow. She thanked the Manager for successful negotiations for the IBEW contract and thanked the Mayor for his upcoming attendance at the AML meeting and his support on the investment and insurance pools. Kodiak Island Borough Assembly Minutes January 22, 2009 Page 7 Assembly member Branson congratulated Madison Strong and thanked Marion Owen for the update on the efforts of SWAB. She urged the Assembly to follow the Alaska Mental Housing Trust that addresses funding for the homeless, feeling that with the economic situation and the percentage of people that are homeless, it is in the best interests for the safety and welfare of Kodiak's residents. She expressed appreciation for those that have volunteered to serve on the various boards and committees. She spoke of the annual report provided by Bayside Fire Department, thanked the volunteer and City fire fighters for their cooperation in working together and thanked Chief Himes for his email regarding the fire departments' efforts with community members. Announcements Mayor Selby announced that the Assembly work session scheduled on Thursday, January 29, 2009 and the regular meeting scheduled on Thursday, February 5, 2009 had been cancelled. The Assembly and City Council would meet in a joint work session on Tuesday, February 3, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Annual Boards, Committees, and Commissions Reception would be held Friday, February 6 from 7 to 9 p.m. at the Kodiak Fisheries Research Center. All board members, committee members, and commissioners and their guests were invited to attend. The next work session was scheduled on Thursday, February 12, 2009 at 7:30 p.m. in the Borough Conference Room and the regular meeting was scheduled on Thursday, February 19, 2009 at 7:30 p.m. in the Borough Assembly Chambers. The Mayor would be traveling to Juneau, January 28 -30 to attend the AML Legislative Meeting. Members of the Assembly were traveling to Anchorage, January 28 -31 to attend the Southwest Alaska Municipal Conference Economic Summit and Membership Meeting. The Mayor and members of the Assembly would be traveling to Juneau to attend the Legislative Reception, Tuesday, February 17. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. The meeting adjourned at 8:50 p.m. Nova M. Javier, CMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes January 22, 2009 Page 8 TITLE: State of Alaska Alcoholic Beverage Control Board Request for New Ownership of Southern -Odom Wine and Spirits of Alaska LLC, Wholesale License #4860 SUMMARY: 5.01.030 New license and transfer procedure. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. Nicholas Bergman with Buchman Law Firm, LLP, representing the applicant, corresponded with the Borough requesting the Assembly to rule on the application before the end of the month. At the Assembly work session of January 15, 2009, there was consensus by the Assembly to follow KIB code in relationship to Liquor License and go through the public notification process and proceed with the scheduled public hearing on February 19, 2009. There are no trouble reports and no Borough interest can be protected by protesting the transfer. Sixteen public hearing notices were mailed. Notices returned will be attached to meeting guidelines. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT February 19, 2009 REGULAR MEETING ITEM NO: 9.A RECOMMENDED MOTION: Move to voice non - protest to the State of Alaska Alcoholic Beverage Control Board for New Ownership of Southern -Odom Wine and Spirits of Alaska LLC, Wholesale License #4860. The Alaska Beverage license for: License #: License Type: D.B.A.: Licensee /Applicant: Location: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 NOTICE OF PUBLIC HEARING Control Board has noticed the Kodiak Island Borough of a new liquor 4860 Wholesale Southem -Odom Wine and Spirits of Alaska Southem -Odom Wine and Spirits of Alaska LLC 5152 Tom Stiles Road, Building B A public hearing will be held on Thursday, February 19, 2009. 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 Assembly. Per Kodiak Island Borough Code 5.01.030 New license and transfer procedure. ... the clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license. ... the notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. If you do not wish to testify verbally, you may provide comments favoring or opposing in the space below. Please email your comments to njavier @kodiakak.us, fax to (907) 486 -9391, mail or hand deliver to the Office of the Borough Clerk by 5:00 p.m. on Thursday, February 19, 2009. If you have any questions, please call at (907) 486 -9310. Name: Mailing Address: Comments: \ \dove \borough \CL\BC -43 - LICENSES, LIQUOR\2009 \Southem -Odom Wine & Spirits of Alaska\PUBLICHEARINGNOTICE.doc new license.docx UNITED STATES GOVERNMENT ✓P.O. BOX 825 KODIAK, AK 99615 f KODIAK TRANSFER INC 5152 TOM STILES RD BLDG A KODIAK AK, 99615 /THE KISHAN GROUP, INC 325 W. MAIN ST FERNLEY, NV 89408 ✓GARY PETERSON P.O. BOX 1221 KODIAK, AK 99615 /ANDREW AIRWAYS INC PO BOX 1037 KODIAK, AK 99615 J ALASKA RENT A CAR PO BOX 190028 ANCHORAGE, AK 99519 UNITED STATES G • ' NMENT / STATE OF ALASKA P.O. BOX : PO BOX 196900 KO ' • K AK, 99615 ANCHORAGE AK, 99519 -6900 i/ STATE OF ALASKA 1500 ANTON LARSEN ROAD KODIAK, AK 99615 ✓ ROLAN RUOSS PO BOX 1371 KODIAK, AK 99615 y MARITIME HELICOPTERS, INC. 3520 F.A.A. ROAD HOMER, AK 99603 ✓WINGSPAN PROPERTIES LLC PO BOX 9032 KODIAK, AK 99615 / MURRY ZIMMER PO BOX 8734 KODIAK, AK 99615 ✓ MP BUSINESS PARK & STORAGE LLC PO BOX 2412 KODIAK, AK 99615 v BRENT ARNDT PO BOX 1066 KODIAK, AK 99615 TATE OF ALASKA KODIAK AK 99 V AVIATION ACQUISITION GROUP LLC PO BOX 3 KODIAK, AK 99615 /THE ODOM CORPORATION MEMO TO: Rick Gifford, Manager Assessing Department Directors/ Community Development Department Director/ Engineering and Facilities Departme t Director,/ FROM: Marylynn McFarland for Nova Jav DATE: January 8, 2009 SUBJECT: New Liquor License Enclosures ABC Notice Code Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4860 License Type: Wholesale D.B.A.: Southern -Odom Wine and Spirits of Alaska Licensee /Applicant: Southern -Odom Wine and Spirits of Alaska LLC Location: 5152 Tom Stiles Road, Building B Per KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the clerk's office by Friday, January 30. 2009. 4860 — Southern -Odom Wine and Spirits of Alaska LLC Finance Director Building Officials/ Fire Marshall ✓ The Department has an interest, which can be protected by protesting the application for transfer. Please indicate the interest to be protected: Signature: Date: The Department has NO interest, which can be protected by protesting the application for transfer. Signature: Date: \ \dove\borough \CL\BC -43 - LICENSES, LIQUOR12009 \Southern -Odom Wine & Spirits of Alaska \DEPT MEMO.docx Member /Officer/Director: DOB Address Phone Title /Shares ( %) Odom - Southern Holdings LLC 9360 Glacier Hwy Ste 202 Juneau AK 99801 10500 NE 8 St., Ste 2000 Bellevue WA 98004 425- 456 -3535 Member 100% Wayne Chaplin 12/26/56 54 Lagorce Circle Miami FL 33021 305- 866 -1708 Manager 0% John Odom 1/19/53 7 Enatai Dr. Bellevue WA 98004 425- 450 -0080 Manager 0% Corp/LLC Agent: Address Phone Date and State of Limited Partnership /Corporation Good standing? CT Corporation Systems 9360 Glacier Hwy Ste 202 Juneau AK 99801 907 -586- 3340 September 24, 2008 Alaska Yes Date of Notice: December 19, 2008 Application Type: NEW X Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee/Applicant: Physical Location: Mail Address: Telephone #: EIN: License #: Current D.B.A.: Current Licensee: Current Location: Additional comments: None. **Date of Birth * Doing Business As Cc: Kodiak Island Borough None State of Alaska Alcoholic Beverage Control Board 4860 Wholesale Southern-Odom Wine and Spirits of Alaska Southern -Odom Wine and Spirits of Alaska LLC 5152 Tom Stiles Rd Bldg B 1600 NW 163 rd St. M FL 33169 305- 625 -4171 305- 624 -7735 Fax 26- 3425995 If transfer application, current license information: N/A N/A N/A N/A 1 m1 n4.....t.. lMv_ N.. 14.1.0 TRANSFER Ownership Location Name Change Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members. We have listed all principal members and those who hold at least 10% shares. MEMO TO: FROM: DATE: SUBJECT: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Enclosures ABC Notice Code Rick Gifford, Manager 1 Assessing Department Director✓ Community Development Department Director/ Engineering and Facilities Department Director,/ Marylynn McFarland for Nova Jav January 8, 2009 New Liquor License The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for License #: License Type: D.B.A.: Licensee/Applicant: Location: 4860 Wholesale Southern -Odom Wine and Spirits of Alaska Southern -Odom Wine and Spirits of Alaska LLC 5152 Tom Stiles Road, Building B Finance Director Building Official,/ Fire Marshall ✓ Per KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the clerk's office by Friday, January 30, 2009. 4860 — Southern -Odom Wine and Spirits of Alaska LLC The Department has an interest, which can be protected by protesting the application for transfer. Please indicate the interest to be protected: Signature: Date: The il/dh y. Department has NO interest, which can be protected by protesting the application for transfer. Signature: / Date: / f/l \ \dove \borough \CL \BC -43 - LICENSES, LIQUOR\2009 \Southem -Odom Wine & Spirits of Alaska \DEPT MEMO.docx MEMO TO: Rick Gifford, Manager Assessing Department Director / Community Development Department Director( Engineering and Facilities Department Director FROM: Marylynn McFarland for Nova Jav DATE: January 8, 2009 SUBJECT: New Liquor License Enclosures ABC Notice Code Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 4860 — Southern -Odom Wine and Spirits of Alaska LLC Finance Director Building Official Fire Marshall 600217-833 The Alaska Beverage Control Board has noticed the Kodiak Island Borough of anew liquor license for: License #: 4860 License Type: Wholesale D.B.A.: Southem -Odom Wine and Spirits of Alaska Licensee /Applicant: Southern -Odom Wine and Spirits of Alaska LLC Location: 5152 Tom Stiles Road, Building B Per KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the. clerk's office by Friday. January 30. 2009. The Department has an interest, which can be protected by protesting the application for transfer. Please indicate the interest to be protected: Signature: Date: The coil Department has NO interest, which can be protected by protesting the application for transfer. Signature: 4 e - Date: �4/D 9' \\dove1borough \CL\BC -43 - LICENSES, LIQUOR12009\Southem -Odom Wine & Spirits of Alaska \DEPT MEMO.docx MEMO TO: FROM: DATE: SUBJECT: Enclosures ABC Notice Code Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Rick Gifford, Manager Assessing Department Director Community Development Department Director Engineering and Facilities Departme t Directo Marylynn McFarland for Nova Jav January 8, 2009 New Liquor License Finance Director Building Official Fire Marshall J r ; ,J132009 The Alaska Beverage Control Board has noticed the Kodiak Island Borou h of a ner- license for. License #: License Type: D.B.A.: Licensee/Applicant: Location: 4860 Wholesale Southern -Odom Wine and Spirits of Alaska Southern -Odom Wine and Spirits of Alaska LLC 5152 Tom Stiles Road, Building B Per KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please retum this memo to the clerk's office by Friday, January 30, 2009. 4860 — Southern -Odom Wine and Spirits of Alaska LLC The Department has an interest, which can be protected by protesting the application for transfer. Please indicate the interest to be protected: Signature: Date: The " Department has NO interest, which can be protected by protesting the application for transfer. Signature: 4 Date: J — / 'Z \ \dove\borough1CL\BC -43 - LICENSES, LIQUOR\2009 \Southem -Odom Wine & Spirits of Alaska \DEPT MEMO.docx r MEMO TO: FROM: Marylynn McFarland for Nova Jav DATE: January 8, 2009 SUBJECT: New Liquor License The Department has an interest, which can be protected by protesting the application for transfer. Please indicate the interest to be protected: Signature: Date: Enclosures ABC Notice Code Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Rick Gifford, Manager Assessing Department Director Community Development Department Director Engineering and Facilities Departme t Director The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4860 License Type: Wholesale D.B.A.: Southern -Odom Wine and Spirits of Alaska Licensee /Applicant: Southem -Odom Wine and Spirits of Alaska LLC Location: 5152 Tom Stiles Road, Building B Per KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the clerk's office by Friday, January 30, 2009. 4860 — Southern -Odom Wine and Spirits of Alaska LLC The Department has NO interest, which can be protected by protesting the application for transfer. Finance Director Building Official Fire Marshall \\dove\borough \CL\BC -43 - LICENSES, LIQUOR\2009\Southern-Odom Wine & Spirits of Alaska \DEPT MEMO.docx MEMO TO: FROM: DATE: SUBJECT: 4860 — Southern -Odom Wine and Spirits of Alaska LLC Enclosures ABC Notice Code Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 Rick Gifford, Manager Assessing Department Director Community Development Department Director Engineering and Facilities Department Director Marylynn McFarland for Nova Jav January 8, 2009 New Liquor License Finance Building ial Fire Ma JAN 1 2 2009 The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for. License #: 4860 License Type: Wholesale D.B.A.: Southem -Odom Wine and Spirits of Alaska Licensee /Applicant: Southem -Odom Wine and Spirits of Alaska LLC Location: 5152 Tom Stiles Road, Building B Per KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please retum this memo to the clerk's office by Friday. January 30, 2009. The Department has an Interest, which can be protected by protesting the application for transfer. Please indicate the interest to be protected: Signature: Date: The Department has NO interest, which cart be protected by protesting the application for transfer. Signature: Date: t / / G i \\dove \borough \CL\BC -43 - LICENSES, LIOUOR\2009\Southemi -Odom Wine & Spirits of Alaska \DEPT MEMO.docx MEMO TO: Rick Gifford, Manager Assessing Department Director FROM: DATE: SUBJECT: The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new it quo( lie for: License #: 4860 License Type: Wholesale D.B.A.: Southem -Odom Wine and Spirits of Alaska Licensee /Applicant: Southern -Odom Wine and Spirits of Alaska LLC Location: 5152 Tom Stiles Road, Building B Per KIBC 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license the clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license. Please indicate whether or not the Borough, with regard to your department, has an interest which can be protected by protesting the approval of the application for renewal. Please return this memo to the clerk's office by Friday. January 30. 2009. 4860 — Southern -Odom Wine and Spirits of Alaska LLC The Department has an interest, which can be protected by protesting the application for transfer. Please indicate the interest to be protected: Signature: Date: The //3� /A Department has NO interest which can be protected by protesting the application for transfer. Signature: �'T.. Date: / Enclosures ABC Notice Code Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 • Community Development Department Director Engineering and Facilities Department Director Marylynn McFarland for Nova Jav January 8, 2009 New Liquor License Finance Director Building Officialk Fire \ \dove\borough1CL\BC -43 - LICENSES, LIOUOR\2009 \Southem -Odom Wine & Spirits of Alaska \DEPT MEMO.docx January 12, 2009 Southern -Odom Wine and Spirits of Alaska 1600 NW 163r St. Miami, Florida 33169 Re: New Liquor License Application The Alaska Beverage Control Board has notified the Kodiak Island Borough of a new liquor license for. License #: 4860 License Type: Wholesale D.B.A.: Southern -Odom Wine and Spirits of Alaska Licensee: Southern -Odom Wine and Spirits of Alaska LLC Location: 5152 Tom Stiles Road, Building B 5.01.030 New License and Transfer Procedure 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within one thousand five hundred feet (1,500') of the proposed location by the clerk. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough, which was established by Resolution No. 2003 -20F, Kodiak Island Borough Fee Schedule. The total cost of processing this application is as follows: 13 Notices ©$1.00 each $13.00 $13.00 TOTAL Sincerely Nova Javier, Enc. Application Code Public Notification Addressees titi Clerk 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/www.kodiakak.us FAX 305 - 624-7735 Please pay your processing fee in the Borough Cashier's Office, Room 104 of the Borough Building or by mail to the address above. Once payment is made, please notify the Clerk's Office and Public Notifications will be mailed. Your immediate attention to this matter is appreciated. January 8, 2009 Meki Cox Department of Public Safety Alaska State Troopers 2921 A Mill Bay Road Kodiak, AK 99615 Dear Ms. Cox: The Alaska Beverage Control Board has noticed the Kodiak Island Borough of a new liquor license for: License #: 4860 License Type: Wholesale D.B.A.: Southern -Odom Wine and Spirits of Alaska Licensee: Southern -Odom Wine and Spirits of Alaska LLC Location: 5152 Tom Stiles Road, Building B Per KIBC 5.01.03 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. Please complete the following information for our records. ❑ There were no trouble reports for this place of business. ❑ There were of trouble reports for this place of business. (n umoer} Please fax your response to the Borough Clerks office at 486 -9391. mlm a - /, / 9 044( -u/ Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 SENT VIA FAX 486 -5810 Member /Officer/Director: DOB Address Phone Title/Shares ( %) Odom- Southern Holdings LLC 9360 Glacier Hwy Ste 202 Juneau AK 99801 10500 NE 8 St., Ste 2000 Bellevue WA 98004 425- 456 -3535 Member 100% Wayne Chaplin 12/26/56 54 Lagorce Circle Miami FL 33021 305- 866 -1708 Manager 0% John Odom 1/19/53 7 Enatai Dr. Bellevue WA 98004 425- 450 -0080 Manager 0% Corp/LLC Agent: Address Phone Date and State of Limited Partnership /Corporation Good standing? CT Corporation Systems 9360 Glacier Hwy Ste 202 Juneau AK 99801 907 -586- 3340 September 24, 2008 Alaska Yes Date of Notice: December 19, 2008 Application Type: NEW X Governing Body: Community Councils: License #: License Type: D.B.A. *: Licensee/Applicant: Physical Location: Mail Address: Telephone #: EIN: Please note: the Members/Officers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware of because they are not primary members We have listed all nrinciaal members and those who hold at least 1O% shares. If transfer application, current license information: License #: N/A Current D.B.A.: N/A Current Licensee: N/A Current Location: N/A Additional comments: None. * *Date of Birth * Doing Business As Cc: Kodiak Island Borough None State of Alaska Alcoholic Beverage Control Board TRANSFER Ownership Location Name Change 4860 Wholesale Southern-Odom Wine and Spirits of Alaska Southern -Odom Wine and Spirits of Alaska LLC 5152 Tom Stiles Rd Bldg B 1600 NW 163' St. Miami FL 33169 305- 625 -4171 305- 624 -7735 Fax 26- 3425995 hoe A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62- 630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 15 AAC 104.335(a)(3), AS 04.11.090(e), and 15 AAC 104.660(e) must be approved by the governing body. Sincerely, /s/ 1e6a5aramiffo Reeda Jaramillo Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK 99507 - Voice (907) 269 -0350 - Fax (907) 272 -9412 Chapter 5.01 LIQUOR LICENSES Page 1 of 2 Chapter 5.01 LIQUOR LICENSES Sections: 5.01.010 Cooperation with State Alcoholic Beverage Control Board. 5.01.020 License renewal procedure. 5.01.030 New license and transfer procedure. 5.01.010 Cooperation with State Alcoholic Beverage Control Board. It is declared the policy of the borough to cooperate with and aid the Alcoholic Beverage Control Board for the state of Alaska in determining the fitness of applicants requesting a transfer, renewal, or issuance of a new liquor license. [Ord. 86 -07 -0 §2, 1986]. 5.01.020 License renewal procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of intent to approve the renewal of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for renewal; and 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business. B. If the clerk determines that the borough has no interest in protesting the renewal, the clerk shall advise the Alcoholic Beverage Control Board of continued nonobjection to renewal in writing. If it is determined that the renewal could be protested based on unpaid taxes or trouble reports, it shall be scheduled for review by the borough assembly. [Ord. 86 -07 -0 §2, 1986]. 5.01.030 New license and transfer procedure. A. Upon receipt of notice from the Alcoholic Beverage Control Board of the board's receipt of an application or intent to approve the transfer or issuance of a new liquor license: 1. The clerk shall investigate to determine if the borough has an interest which can be protected by protesting the approval of the application for transfer or issuance of a new liquor license; 2. The clerk shall check with the state troopers on the number of trouble reports at the place of business; 3. The clerk shall duly advertise and place the matter of the application upon the agenda for the next meeting of the assembly in order that citizens may express their desires as to whether or not the assembly should approve or protest the transfer or issuance of the liquor license; and 4. The notice of intent to establish a new liquor license or transfer of location of an existing license shall be mailed to each landowner within 1,500 feet of the proposed location by the clerk. A transfer from one person to another of a liquor license, even if the location stays the same, shall be considered a request for a new liquor license by the Kodiak Island Borough. The applicant shall pay a fee based upon the cost of the notice and application processing costs to the borough. B. The assembly, after public hearing, shall determine by motion if a protest to the application is to be lodged with the Alcoholic Beverage Control Board. If a protest is http: / /www.codepublishing. corn/ AK/ kodiakislandborough /html/KodiakIslandBorough05/K... 1/8/2009 Chapter 5.01 LIQUOR LICENSES Page 2 of 2 lodged, the manager and attorney are authorized to use any document or evidence necessary to effectively advance the position of the borough at any hearing before the Alcoholic Beverage Control Board. [Ord. FY2008 -16 §2, 2008; Ord. 98 -09 §2, 1998; Ord. 86 -07 -0 §2, 19861 This page of the Kodiak Island Borough Code Is current through Ordinance FY2009 -06, passed August 21, 2008. Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http: / /www.kodiakak.us/ Telephone number: (907) 486 -9310 Code Publishing Company Voice: (206) 527 -6831 Fax: (206) 527 -8411 Email: CPC @codepublishing.com http:// www .codepublishing.com/AK/kodiaki slandborough /html/KodiakIslandBorough05/K... 1/8/2009 TITLE: Ordinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.10 Public Finance - Management and Accounting by Repealing Section 3.10.130 Education Fund. SUMMARY: Ordinance No. 96 -14 was adopted in October 1996 establishing an Education Fund for all education programs in the Kodiak Island Borough. The thought was that these monies would provide revenue for future education programs operating expenses. Based on actual settlement funds, the Borough will receive no additional distribution. It is recommended that this section of the code be removed and repealed. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -14. ITEM NO: 9.B SUBSTITUTED VERSION 1 2 KODIAK ISLAND BOROUGH 3 ORDINANCE NO. FY2009 -14 4 5 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 6 AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 7 REVENUE AND FINANCE CHAPTER 3.10 PUBLIC FINANCE — MANAGEMENT 8 AND ACCOUNTING BY REPEALING SECTION 3.10.130 EDUCATION FUND. 9 10 WHEREAS, Ordinance No. 96 -14 was adopted in 1996 when the Kodiak Island Borough's 11 portion of the Exxon Valdez oil spill settlement funds was anticipated to be approximately $20 12 million; and 13 14 WHEREAS, the concept of a permanent fund to provide long term funding assistance for 15 educational objectives was a good concept for a permanent fund which would produce an 16 estimated $2 million per year; and 17 18 WHEREAS, the actual settlement funds include no additional distribution for the Borough; will 19 be less than $1 million with a possibility of another $1 million of interest if additional litigation is 20 successful which would generate about $10,000 to $20,000 per yoar- at-- curront interest rates; 21 and 22 23 Introduced by: Manager Gifford Drafted by: Mayor Selby Requested by: Mayor Selby Introduced: 01/22/2009 Public hearing: 02/19/2009 Adopted: 24 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 25 BOROUGH THAT: 26 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 27 Kodiak Island Borough Code of Ordinances. 28 Section 2: Section 3.10.030 of the Kodiak Island Borough Code is repealed as follows: 29 30 Chapter 3.10 PUBLIC FINANCE — MANAGEMENT AND ACCOUNTING 31 Sections: 32 3.10.010 General treasury management. 33 3.10.020 Authority. 34 3.10.030 Permissible investments. 35 3.10.040 Terms defined. 36 3.10.050 Repealed. 37 3.10.060 Collateral safekeeping. 38 3.10.070 Diversification of investments. 39 3.10.080 Investment records. 40 3.10.090 Deposit of school money. 41 3.10.100 Basis of accounting. Kodiak Island Borough Ordinance No. FY2009 -14 Page 1 of 2 SUBSTITUTED VERSION 42 3.10.110 Funds. 43 3.10.120 Facilities fund. 44 3.10.130 Education fund. 45 3.10.140 Fern Fuller fund. 46 3.10.150 Land sale fund. 47 3.10.160 Penalties. 48 3.10.170 General fixed assets. 49 3.10.180 Distribution of funds. 50 3.10.190 Review of service fees. 51 3.10.200 Post audit. A. The education fund is establishod as a soparatc investment fund which is distinct from all of tho not proccods received from the Exxon Valdez oil spill 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 {Ord. 96 11 §2, 1996. Formerly §3.0 '1.052]. 73 B. The fund may be invested only as provide C. The excess income of the fund is defined ac 85 percent of the annual investment incomo may be appropriated only for the folio 1. An endowed chair for the director position at the University of Alaska F'sherics 3. An annual contribution toward the operating cost of schools K Island Borougk ■ . ordinance ratified by a two thirds majority of the qualified voters at a regular or special election. 74 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 75 THIS 76 77 78 79 80 81 ATTEST: 82 83 84 85 Nova M. Javier, CMC, Borough Clerk DAY OF , 2009 KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor 12 in the Kodiak Kodiak Island Borough Ordinance No. FY2009 -14 Page 2 of 2 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING ITEM NO: 12.A Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P82 Case 08 -023.) SUMMARY: This ordinance was presented to the Assembly for introduction on July 17, 2008. The Assembly conducted a public hearing on August 7, 2008 and decided to refer it back to the Planning and Zoning Commission for further recommendation. The Planning and Zoning Commission reviewed the case and a memo is attached from the director explaining the recommendation. The motion that is before the Assembly is to adopt this ordinance. The recommendation of the Commission is to fail this ordinance. APPROVAL FOR AGENDA: Introduced by: Manager Gifford Requested by: P &Z Commission Drafted by: CDD Staff 1 Introduced: 07/17/ 2008 2 Public Hearing: 08/07/2008 3 Referred Back to P &ZC for 08/07/2008 Further Recommendation: 4 Adopted: 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -03 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING 11 FOUR (4) PARCELS OF LAND IN THE RUSSIAN CREEK SUBDIVISION, 12 TOTALING APPROXIMATELY 20 ACRES, FROM B- BUSINESS TO RR1 — RURAL 13 RESIDENTIAL ONE DISTRICT (P &Z CASE 08 -023) 14 15 WHEREAS, the "island" of business zone property in Womens Bay is located in the Russian 16 Creek Subdivision; and 17 18 WHEREAS, while the side of this business zoned property fronting Rezanof Drive (and 19 including business from the Speedy Kraft store down to Rendezvous) are thriving, the back side 20 of this B — Business zone "Island" fronting South Russian Creek Road has languished; and 21 22 WHEREAS, the Planning and Zoning Commission has reviewed a number of requests to 23 rezone the back portion of this business "island" in the Russian Creek Subdivision from its 24 current B- Business zoning district to another zoning district to reflect the area's slowness to 25 reach its full potential; and 26 27 WHEREAS, much of the residentially zoned land available for development in Womens Bay 28 has been utilized leaving the more challenging and environmentally sensitive parcels left to 29 develop; and 30 31 WHEREAS, the Planning and Zoning Commission held a public hearing on May 21, 2008 as 32 part of the review for this case; and 33 34 WHEREAS, the Planning and Zoning Commission finds the request to be generally 35 consistent with the goals and objectives of the 2007 Kodiak Island Borough Comprehensive 36 Plan and that the rezoning would provide an additional population base to support the existing 37 businesses that have located in the Womens Bay Community as well as encourage new 38 business development by an increase in residential development; and 39 40 WHEREAS, the Planning and Zoning Commission recommends that the Kodiak Island 41 Borough Assembly rezone the four (4) parcels identified in the staff report, totaling 42 approximately 20 acres from B- Business to RR1 -Rural Residential One. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 45 BOROUGH that 46 47 Section 1: This ordinance is not of general application and shall not be codified. 48 Kodiak Island Borough Ordinance No. FY2009 -03 Page 1 of 2 49 Section 2: The four (4) parcels of land described below and totaling approximate 20 acres 50 are hereby rezoned from B- Business to RR1 -Rural Residential One. 51 52 1. Lots 1 & 2, Dayton Subdivision 53 2. Tract A of Tract L, Russian Creek Alaska Subdivision 54 3. Tract K, Russian Creek Alaska Subdivision 55 56 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 57 hereby confirmed as follows: 58 59 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 60 61 A need for residential property has been expressed by the public. Current use of adjacent 62 business zoned Tots includes a mix of business and residential use. Location of property is 63 inconsistent with the primary retail intent of business zoning. Rezone to RR1 could greatly 64 reduce the impact of on -site wastewater systems compared to Business zoning development. 65 Much of the residentially zoned land available for development in Womens Bay has already 66 been utilized leaving the more challenging and environmentally sensitive left to develop. 67 68 17.72.020 B. Findings as to the Effect a Change or Amendment Would Have on the Objectives 69 of the Comprehensive Plan. 70 The rezone would meet a medium to low priority identified in the comprehensive plan by 71 providing the "ability to allow the community to grow." 72 This rezoning would satisfy a community goal expressed in the comprehensive plan by 73 Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 74 square feet)." 75 More residential development will provide an additional population base to support the 76 existingbusinesses that have located in the Womens Bay Community as well as encourage new 77 business development with an increase in residential development. 78 79 80 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 81 THIS DAY OF 2008 82 83 84 KODIAK ISLAND BOROUGH 85 86 87 88 Jerome M. Selby, Borough Mayor 89 90 ATTEST: 91 92 93 94 Nova M. Javier, CMC, Borough Clerk 95 96 97 Kodiak Island Borough Ordinance No. FY2009 -03 Page 2 of 2 KODIAK ISLAND BOROUGH Community Development Department Bud Cdsszdy, Di'ctor MEMORANDUM DATE: February 5, 2009 TO: Rick Gifford, Borough Manager /J FROM: Bud Cassidy, Director, Community Development Department SUBJ: Russian Creek Rezone — Remanded back to the Commission by Assembly Introduction The Planning and Zoning Commission had previously sent to the Assembly a positive recommendation for a rezone request in the Russian Creek Subdivision that would have rezoned 20 acres of B- Business zoned land to RR1- Rural Residential One land. This change in zoning was requested by Mr. Dario Dayton at the time the commission reviewed the case. By the time this recommendation reached the Assembly, Mr Dayton had sold the parcels he sought to have rezoned to individuals who weren't aware of the rezone case. One new landowner wrote to the assembly and the other appeared in person at a work session both stating that they were not in favor of this rezone request. They had purchased the property for business use and in fact were using it for a legitimate business use. Because of this information provided by the new owners, the Assembly remanded the case back to the Commission for further review. Code Section This memo is governed by KIBC 17.205.020 Report from planning and zoning commission. This section states: The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Finding as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval of disapproval of the change or amendment. The reason for this code section is that a recommendation by the Commission to the Assembly is advisory only; the Assembly may choose to accept the recommendation or decide to take further action should there be sentiment to do so. Commission Action The commission again reviewed the request (note: the request also included an adjacent parcel owned by another party) and is recommending that a rezoning not occur. The new owners of the Dayton property are using their parcels consistent with the existing zoning. Should the rezone to RR1 — Rural Residential One occur, the existing uses of the property would be classified as "non- conforming" (also known as grandfathered). A nonconforming business use can continue to occur, but rezoning to a residential district would make any expansion of their nonconforming business use difficult. The goal of nonconforming uses is to eventually have them achieve conformity with the regulations. As for the other party that tagged on to the initial rezoning request, the commission was not willing to rezone their single lot, but advised them that the commission would consider a rezoning request should it include additional lands located on Cottonwood Circle side of their parcel. Findings of Fact All commission decisions are required to have findings of fact for their actions to give the community a "clear and precise understanding of the reason for the decision. Their findings of fact are as follows: Finding as to the need and justification for a change or amendment There is no need or justification for the rezoning of parcels in this case as the parcels are being utilized consistently with the intent of the B- Business zoning district. Any change in zoning would make the existing legitimate uses nonconforming disallowing any growth and expansion. Finding as to the effect a change or amendment would have on the objectives of the comprehensive. A rezoning of this area to residential is inconsistent with the recently adopted comprehensive plan that identifies this area for business use. Any change in the zoning would be counter to the overall intent of zoning and that is to separate incompatible uses. Recommendation: The commission recommends that the rezoning of parcels in this requests be disapproved. On August 7, 2008, the motion before the Assembly was to adopt Ordinance No. FY2009 -03. Another action was taken which is to refer the case back to the Commission for further recommendations. The recommendation is now back before the Assembly. The Assembly is required to take action on the pending question which is to adopt Ordinance No. FY2009 -03. 8. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 - Rural Residential One District, (P&Z Case 08 -023.) STUTES moved to adopt Ordinance No. FY2009 -03, Kodiak Island Borough Assembly Minutes August 7, 2008 Page 574 The Planning and Zoning Commission recommended four lots, totaling approximately 20 acres, located in the B•Business zoned "island" in Womens Bay be rezoned to RR1 —Rural Residential One. The Commission found that while businesses fronting Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) were thriving, the back side of the 8— Business zone "island" and fronting South Russian Creek Road (where the parcels reside) had languished to meet their full potential. Mayor Selby opened the public hearing. Public hearing responses received from Luke Lester and Maurice Johnson, both of whom were in support of keeping the lots zoned as B- Business, were read into the record by Clerk Javier. Mayor Selby closed the public hearing. Duane Dvorak, CDD Associate Planner, outlined the options available to the Assembly. One option was to refer the case back to the Planning and Zoning Commission for further recommendations. ABELL moved to refer Case 08-023 back to the Planning and Zoning Commission. ROLL CALL VOTE ON MOTION TO REFER CARRIED FIVE TO ONE: Branson, Jeffrey, Oswalt, Stutes, and Abell (Ayes); Lynch (No). SUMMARY: FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 7, 2008 REGULAR MEETING ITEM NO: 9.B TITLE: Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P&Z Case 08 -023.) The commission is recommending four Tots totaling approximately 20 acres and located in the B- Business zoned "island" in Womens Bay be rezoned to RR1 — Rural Residential One. The Commission found that while businesses fronting on Rezanof Drive (including business ventures from Speedy Kraft store down to Rendezvous) are thriving, the back side of this B — Business zone "island" and fronting South Russian Creek Road (where these parcels reside) have languished to meet their full potential. 1 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -03. Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Manager Gifford P & Z Commission CDD Staff 07/17/ 2008 08/07/2008 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -03 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING FOUR (4) PARCELS OF LAND IN THE RUSSIAN CREEK SUBDIVISION, TOTALING APPROXIMATELY 20 ACRES, FROM B- BUSINESS TO RR1 — RURAL RESIDENTIAL ONE DISTRICT (P&Z CASE 08 -023) WHEREAS, the "island" of business zone property in Womens Bay is located in the Russian Creek Subdivision; and WHEREAS, while the side of this business zoned property fronting Rezanof Drive (and including business from the Speedy Kraft store down to Rendezvous) are thriving, the back side of this B — Business zone "Island" fronting South Russian Creek Road has languished; and WHEREAS, the Planning and Zoning Commission has reviewed a number of requests to rezone the back portion of this business "island" in the Russian Creek Subdivision from its current B- Business zoning district to another zoning district to reflect the area's slowness to reach its full potential; and WHEREAS, much of the residentially zoned land available for development in Womens Bay has been utilized leaving the more challenging and environmentally sensitive parcels left to develop; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 21, 2008 as part of the review for this case; and WHEREAS, the Planning and Zoning Commission finds the request to be generally consistent with the goals and objectives of the 2007 Kodiak Island Borough Comprehensive Plan and that the rezoning would provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development by an increase in residential development; and WHEREAS, the Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly rezone the four (4) parcels identified in the staff report, totaling approximately 20 acres from B- Business to RR1 -Rural Residential One. 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 four (4) parcels of land described below and totaling approximate 20 acres are hereby rezoned from B- Business to RR1 -Rural Residential One. 1. Lots 1 & 2, Dayton Subdivision 2. Tract A of Tract L, Russian Creek Alaska Subdivision 3. Tract K, Russian Creek Alaska Subdivision Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 1 of 2 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. ATTEST: • A need for residential property has been expressed by the public. • Current use of adjacent business zoned lots includes a mix of business and residential use. • Location of property is inconsistent with the primary retail intent of business zoning. • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development. • Much of the residentially zoned land available for development in Womens Bay has already been utilized leaving the more challenging and environmentally sensitive left to develop. 17.72.020 B. Findings as to the Effect a Change or Amendment Would Have on the Objectives of the Comprehensive Plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet)." • More residential development will provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development with an increase in residential development. 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. FY2009 -03 Page 2 of 2 KODIAK ISLAND BOROUGH Community Development Department Bitd Cassidy, Director MEMORANDUM DATE: February 5, 2009 TO: Rick Gifford, Borough Manager Ag FROM: Bud Cassidy, Director, Community Development Department SUBJ: Russian Creek Rezone — Remanded back to the Commission by Assembly Introduction The Planning and Zoning Commission had previously sent to the Assembly a positive recommendation for a rezone request in the Russian Creek Subdivision that would have rezoned 20 acres of B- Business zoned land to RR1- Rural Residential One land. This change in zoning was requested by Mr. Darlo Dayton at the time the commission reviewed the case. By the time this recommendation reached the Assembly, Mr Dayton had sold the parcels he sought to have rezoned to individuals who weren't aware of the rezone case. One new landowner wrote to the assembly and the other appeared in person at a work session both stating that they were not in favor of this rezone request. They had purchased the property for business use and in fact were using it for a legitimate business use. Because of this information provided by the new owners, the Assembly remanded the case back to the Commission for further review. Code Section This memo is governed by KIBC 17.205.020 Report from planning and zoning commission. This section states: The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Finding as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval of disapproval of the change or amendment. The reason for this code section is that a recommendation by the Commission to the Assembly is advisory only; the Assembly may choose to accept the recommendation or decide to take further action should there be sentiment to do so. 12.A. k Commission Action The commission again reviewed the request (note: the request also included an adjacent parcel owned by another party) and is recommending that a rezoning not occur. The new owners of the Dayton property are using their parcels consistent with the existing zoning. Should the rezone to RR1 — Rural Residential One occur, the existing uses of the property would be classified as "non- conforming" (also known as grandfathered). A nonconforming business use can continue to occur, but rezoning to a residential district would make any expansion of their nonconforming business use difficult. The goal of nonconforming uses is to eventually have them achieve conformity with the regulations. As for the other party that tagged on to the initial rezoning request, the commission was not willing to rezone their single lot, but advised them that the commission would consider a rezoning request should it include additional lands located on Cottonwood Circle side of their parcel. Findings of Fact All commission decisions are required to have findings of fact for their actions to give the community a "clear and precise understanding of the reason for the decision. Their findings of fact are as follows: Finding as to the need and justification for a change or amendment There is no need or justification for the rezoning of parcels in this case as the parcels are being utilized consistently with the intent of the B- Business zoning district. Any change in zoning would make the existing legitimate uses nonconforming disallowing any growth and expansion. Finding as to the effect a change or amendment would have on the objectives of the comprehensive. A rezoning of this area to residential is inconsistent with the recently adopted comprehensive plan that identifies this area for business use. Any change in the zoning would be counter to the overall intent of zoning and that is to separate incompatible uses. Recommendation: The commission recommends that the rezoning of parcels in this requests be disapproved. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Memorandum Date: July 2, 2008 To: Kodiak Island Borough Mayor & Assembly; Thru: Rick Gifford, Borough Manager u From: Bud Cassidy, Director, and CDDr' �. RE: Request to rezone various parcels in t ie Russian Creek Subdivision from B- Business to RR1 - Rural Residential One. KIB Ordinance No; 2009 -03 This memorandum is written to forward the commission's action to recommend the rezoning of certain B- Business zoned parcels in the Womens Bay Community specifically the Russian Creek Subdivision to RR1- Residential One. The commission has held a number of public hearings on past requests to rezone this area. The commission felt that this request to change the zoning from B- Business to RR1 - to one acre residential parcels fits best with the goals of the comprehensive plan. The object of this rezoning is to address the fact that business zoned lots located adjacent to South Russian Creek Road have languished in their potential to develop as businesses. In fact, instead of business development, there have been a number of residences constructed that are doing very little business on the premises and may in fact be zoning violations. The commission felt that there has been a stagnation of population growth in Womens Bay and that by encouraging additional residential development and growth, that it would support the business development already in existence as well as potentially create additional business development in the area. CONCLUSION & RECOMMENDATION The Commission recommends approval of this change of zoning. A. The January 2008 KIB Comprehensive Plan designates the proposed lot for residential development. A rezone to B- Business would not be consistent with that designation. B. The comprehensive plan recognizes the need to provide adequate land opportunities for a balanced mix of different uses to support the community including residential, institutional, commercial and industrial land uses and associated development. That said, the community strongly indicated a preference in this request to preserve and maintain residential lands from unnecessary or speculative conversion to commercial use in order to preserve residential capacity in the community in the face of strong economic incentives to develop a maximum number of lodges in order to profit from a seemingly strong lodging market in Larsen Bay. C. While the proposed B- Business zoning allows a wide range of commercial uses, the proposal to provide after -the -fact legitimacy to the existing lodging use (if not code compliance for the conversion of the residential structure itself to a commercial use) does not address many of the other needs expressed in the Larsen Bay comprehensive plan goals and objectives. Larsen Bay is a community without a true community store or virtually any other business venture that would contribute to the community as a whole and make the community a better place to live, work and raise a family. The question was called and it CARRIED 6-0. C. Case 08-023. Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone for Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Cassidy gave a brief staff report. COMMISSIONER WATKINS MOVED to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08 -023. The motion was SECONDED by COMMISSIONER JANZ. A brief discussion. COMMISSIONER HARRINGTON MOVED TO AMEND the findings in the staff memo to include a final bullet point under part A to read "the location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility." The motion was SECONDED by COMMISSIONER WATKINS. FINDINGS OF FACT It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. P&Z Meeting Minutes June i8, 2008 Page 8 of 11 A. Findings as to the need and justification for a change or amendment. • A need for residential property has been expressed by the public; • Current use of adjacent business zoned lots includes a mix of business and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. • The location and daylight exposure for the lots would enable development of residences with potentially lower energy demands than might be possible at other sites in Womens Bay thereby, resulting in lower demands on electricity production by the local electrical utility. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet) "; and • More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment • The Planning and Zoning Commission recommends approval of this request. The question was called on the amended motion and it CARRIED 6 -0. The question was called on the main motion and it CARRIED 6-0. D. S08-015. Amend a previously adopted motion made at the May 21, 2008 Planning and Zoning regular meeting to correct an error in the legal description of the parcel given preliminary subdivision approval. The replat of U.S. Survey 3466, Lot 1 and U.S. Survey 3465, Lot 1A -3 creating U.S. Survey 3466, Lot lA and U.S. Survey 3465, Lot 1A -3A. CHAIR KING announced to the commission that there will be a motion to amend a previously adopted motion and there was no previous notice, and it requires a 2/3 vote of the membership. Cassidy gave a brief staff report. COMMISSIONER IANZ MOVED to grant preliminary approval, according to KIBC 16.40, of a replat of USS 3466, Lot 1, and USS 3465, Lot 1A -3 creating USS 3466, Lot 1A and USS 3465, Lot 1A -3A and to adopt the findings of fact in the staff report dated May 13, 2008 as Findings of Fact for Case S08 -015. The motion was SECONDED by COMMISSIONER WATKINS. P&Z Meeting Minutes June i8, 2008 Page 9 of ii MEMORANDUM DATE: June 8, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 18, 2008 Regular Meeting CASE: 08-023 Old Business Item VI- C APPLICANT: Darlo Dayton, Duncan Fields, Andy Kuljis, and Rob Lindsey REQUEST: Adoption of Findings of Fact, in accordance with KIBC 17.72.020, to support the commission's decision on May 21, 2008 to approve a rezone of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. LOCATION: 11883, 11967, 11945 and 11723 South Russian Creek Road ZONING: B- Business Background The Planning Commission is recommending approval of a rezone of 19.81 acres of business zoned land in Womens Bay from B- business to RR1 - Rural Residential One. This memo sets out the finds of fact in support of the commission's actions. When the Commission recommends approval of a proposed zoning boundary amendment (rezone) its action is a recommendation that is forwarded to the Assembly for review and final action. Before this can happen however, the Commission must complete the decision making process by adopting required "Findings of Fact" upon which the decision was based. These findings are to be delivered to the Assembly in the form of a report as described in the applicable provisions of KIBC 17.72, as follows: 17.72.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. Case 08- 023/Findings of Fact Page 1 of 4 P & Z: June 18, 2008 Old Business Item VI- C The adoption of "Findings" was postponed until the next regular meeting (June 18, 2008) as permitted by the KIB Planning and Zoning Commission Bylaws — Article IX Procedure, Provision (C) which states: "In cases where the Commission is required to base its decision on specific findings, the Commission may defer the approval of these findings until the next regular meeting of the Commission." In the context of the proposed "Findings" that follow, it may be appropriate to provide some additional code citations regarding the authority, purpose and intent of the borough zoning regulations. KIBC 17.01.020 Purpose. It is the purpose of this title to promote the health, safety, and general welfare through the use of uniform district regulations concerning: A. Land use; B. Building location and use; C. The height and size of structures; D. The number of stories in buildings; E. The percentage of a lot which may be covered; F. The size of open spaces; and G. Population density and distribution. KIBC 17.01.030 Intent. It is the intent of this title to: A. Provide for orderly development; B. Lessen street congestion; C. Promote fire safety and public order; D. Protect the public health and general welfare; E. Prevent overcrowding; F. Stimulate systematic development of transportation, water, sewer, school, park and other public facilities; and G. Encourage efficiency in the use of energy and the substitution of energy from renewable sources for energy from fossil fuels. KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.02.030 Comprehensive Plan. For the purpose of this title, the Kodiak Island Borough Comprehensive Plan consists of the following documents: A. Kodiak Island Borough Comprehensive Plan Update dated December 6, 2007, prepared by Cogan- Owens -Cogan and the Kodiak Island Borough. Case 08- 023/Findings of Fact Page 2 of 4 P & Z: June 18, 2008 Findings It is necessary for the Commission to adopt findings of fact in support of the decision in this case to provide any objecting party the ability to decide whether to elevate the case to the Assembly level for additional review. Subsequent to the June 11 work session, commissioners have transmitted rationales to staff in order to facilitate drafting of the findings herein. These findings are themselves considered to be a draft document until approved by the Commission, with or without amendment. Case 08- 023/Findings of Fact Old Business Item VI- C A. Findings as to the need and justification for a change or amendment. • A need for residential property has been expressed by the public; • Current use of adjacent business zoned lots includes a mix of business and residential use; • Location of property is inconsistent with the primary retail intent of business zoning; • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development; • Much of the residentially zoned land available for development in Womens Bay has been already been utilized leaving the more challenging and environmentally sensitive left to develop. B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet) "; and • More residential development will provide an additional population base to support the existing business that have located in the Womens Bay Community as well as encourage new business development to support an increase in residential development. C. Recommendations as to the approval or disapproval of the change or amendment • The Planning and Zoning Commission recommends approval of this request. Page 3 of 4 P & Z: June 18, 2008 • Recommendation Old Business Item VI- C Staff recommends that the Commission adopt the above findings in support of its recommendation to approve the rezoning request for Case 08 -023. These "Findings of Fact" support the decision reached by the Planning & Zoning Commission. APPROPRIATE MOTION Move to adopt the findings presented in the staff memorandum dated June 8, 2008 as "Findings of Fact" for Case 08 -023. Case 08- 023/Findings of Fact Page 4 of 4 P & Z: June 18, 2008 COMMISSIONER WATKINS MOVED that the Planning and Zoning Commission investigate the rezone of approximately 12 acres of hilltop land on Near Island above the new travel lift area, and that it be appropriately zoned and set aside_for a Greenhouse Model Senior Extended Care Facility. The motion was SECONDED by COMMISSIONER JANZ. A discussion on zoning, the area, the processes, and the need for a new extended care facility. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to read "That the Planning and Zoning Commission investigate approximately 12 acres of hilltop land on Near Island above the new travel lift and appropriate zoning, and set aside for a greenhouse model senior extended care facility be considered as part of that investigation." The motion was SECONDED by COMMISSIONER JANZ. The question was called on the amended motion, and it CARRIED 6 -0. PUBLIC HEARINGS A. Case 08 -023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. The location is 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B- Business Cassidy stated this rezone request is for almost 20 acres in Womens Bay from Business to RR1. The commission has heard various versions of this request. The Commission needs to weigh the need for additional residential in light of a two Comprehensive Plan efforts where the residents suggest that this area remain B- Business. Staff recommends denial of this rezone request because the Business use is still a viable use of the property as Business, especially open storage that is occurring and is a violation in the residential district; the applicants have not made a compelling case that a rezone is needed; and the Comp Plan does not support the request. COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B- Business to RR1 -Rural Residential One zoning, and to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Andy Kuljis phoned to support the request as part owner. Catherine Lindsey phoned to support the request. Rob Lindsey spoke in support of the request as part owner. Iver Malutin stated the Comp Plan should be reviewed and brought up to date. Bob Tarrant, agent spoke in support. Close Public Hearing: Open Regular Meeting: A brief discussion regarding Cottonwood Circle, the Comp Plan, comments submitted for the Comp Plan, and the need for residential. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 2 of 9 The commission requested the Clerk to read the motion on the table. The question was called, and it CARRIED 6 -0. COMMISSIONER HARRINGTON MOVED TO AMEND the previous motion to read "Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B- Business to RR1 -Rural Residential One zoning, and to postpone Findings of Fact until the June 18, 2008 meeting. The motion was SECONDED by COMMISSIONER KERSCH. The question was called on the amended motion, and it CARRIED 6 -0. B. Case S06 -012. Request a one (1) year extension of preliminary approval for the subdivision of USS 2539, Lot 29A creating Seaview Estates, Lots 1 thru 11, and Tract A. The location is U.S. Survey 2539, Lot 29A, Womens Bay, and the zoning is RRl -Rural Residential One. Cassidy stated this request is for an extension of a preliminary subdivision, and has been advertised as a public hearing because there have been some changes made to the conditions of approval. The changes give him the option of keeping it as a private road or also investigate potential of including it in the Womens Bay Subdivision. Staff recommends this request be approved. Discussion of the motion and conditions of approval, and road service district processes. COMMISSIONER JANZ MOVED to grant a two (2) year extension (until March 15, 2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2939, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. Close Regular Meeting: Open Public Hearing: Barry Still spoke in favor of the request. Close Public Hearing: Open Regular Meeting: Commission discussion on fire districts. CONDITIONS OF APPROVAL 1. Obtain approval for access to State maintained rights -of -way from the State of Alaska Department of Transportation and Public Facilities prior to final plat approval. 2. Engineering and soils testing for Lots 1 through 11 and Tract A, Seaview Estates must be provided prior to final approval, documenting that this subdivision design can satisfy ADEC requirements for onsite well and septic systems. 3. Submit a solid waste disposal plan for review and approval by the Engineering and Facilities Department, prior to final plat approval. 4. Provide the documentation required in KIBC 16.40.080 for private road easements, which shall be reviewed by the Planning and Zoning Commission at a public hearing prior to final approval of the subdivision; or, in the alternative, obtain acceptance of a road dedication by the Kodiak Island Borough Engineering and Facilities Department and obtain approval of the Kodiak Island Borough May 21, 2008 P&Z Meeting Minutes Page 3 of 9 Mr. Darlo Dayton 11883 S. Russian Creek Road Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us May 27, 2008 Re: Case 08 -023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision, and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Dear Mr. Dayton: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on May 21, 2008 approved your request but postponed adoption of Findings of Fact in support of their decision until their June 18, 2008 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496 -9363. Sincerely, r"1 e1 L�1 Sheila Smith Secretary CC: Mr. Fields Mr. Kuljis Mr. Lindsey Mr. Bob Tarrant KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOTICE c Hearing Item VI -A A public hearing will be held on Wednesday, May 21, 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: 08 -023 APPLICANT: Darlo Dayton, Duncan Fields, Andy Kuljis, & Rob Lindsey AGENT: Bob Tarrant & Rob Lindsey REQUEST: LOCATION: ZONING: A rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business RR1 -Rural Residential One. 11883, 11967, 11945, and 11723 S. Russian Creek Road B- Business 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, May 14, 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: Your property description: Comments: Mailing Address: Current: Location 1 18x3, 11:967, 11.945, & 11723 S. Russian Creek Rd. . Agenda. Item # VI A P & Z Case # 08 -023 Dario Dayton, Duncan Fields, Andy Kuljis, & Rob Lindsey Request a rezone, according. to KIBC.17 and 17.72.030.C, from B- Business to RR1 -Rural Residential One. Legend subject parcels notification area 1 1 0 375 1 1 750 Feet 1 1 s Map prepared for the purpose of showing the General location of the Kodak Urban area. June. 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour Infortnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, MAD 27, State Plane 5 Parcel Information is taken from selected fields in the current computerized property records in the Assessing Dept This data has not been reconciled with data contained - in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. A. MI NI.. AWAY.. 14WII• a_,_n SAM. M WW AMC'. MI & Arils A Ar1lM A.ru A/sASAW II•Wa A Au /Me ArANA A AMI ArI.1ss ■ __ _ WW1. AV I. A S A / /I MAIM/ w sr AIAI A •••∎• aIAW.w ANIANNAI1AM /AAYAgR 4 MA4 s WNW ...An WNW,. AI ma W 11. AI... Mir AAIW A r AWt AI AWN ArW.M.I AAA..• S Ar.rI1/ AA X) ~MP A.. ARAMAYI ALAI AIAiW~AAR AMEIRSVJP AFPJDIYlT J NM/ IOW. Mr fs MI Well M AWAISA.�`r _AIWA I AII•AW/ I AW AUr AWI� AIM MI MAN = A/ A W S A.�/ r AWN. A il/ M A. A0TANY S AQbi17 arena ENT .rW. MAII sr TAX CENTIPTCATF LEVAL DESCRIPTION our A.1A MINN arm. arm some oIW,.AWI.,. 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Number Summary Date 06 -014 2006 -12 Rezone of Tract 0, Russian Creek Alaska Sub, from B - Business to RR -1 Rural Residential Zoning District. July 6, 2006 86 -025 86 -23 -0 Rezone of Lot 1, Block 2, Russian Creek Alaska Sub. From RR1 -Rural Residential One to PL- Public Use Land. June 5, 1986 83 -067 NA Request to rezone Tract E -1, Russian Creek Alaska Sub. from RR -Rural Residential to B- Business. (DENIED by the Planning and Zoning Commission) June 15, 1983 83 -026 83 -31 -0 Rezone of certain lands in Russian Creek Alaska Sub. From C- Conservation to RR1- Rural Residential One. May 5, 1983 82 -150 83 -21 -0 Rezone of portions of Womans Bay Community in accordance with the adopted comprehensive plan for areas that are designated for PL- Public Use Land. March 3, 1983 Z -81 -001 NA Request to rezone Lot 24, Block 1, Russian Creek Alaska Sub. B- Business to I- Industrial. February 18, 1981 DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Thirty Nine (39) 2008. Date of site visit: 1. Zoning History: Case 08 -011 /Staff Report MEMORANDUM May 12, 2008 Planning and Zoning Commission Bud Cassidy, Director CDD Page 1 of 10 Public Hearing Item VI -A Information for the May 21 Regular Meeting 08-023 Dario Dayton, Duncan Fields, Andy Kuljis, and Rob Lindsey A rezone, in accordance with KIB Code Section 17.72 of Lots 1 & 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. 11883, 11967, 11945 and 11723 South Russian Creek Road of the lots B- Business public hearing notices related to this request were mailed on April 23, Various P & Z: February 20, 2008 Z -80 -042 324 213 -A NA 74 -31 -0 69 -30 -0 (DENIED by the Planning and Zoning Commission) Request to rezone Lots 1 through 15, Block 1, Russian Creek Alaska Sub. from B- Business to RR -Rural Residential. (DENIED by the Planning and Zoning Commission) Rezone of Tracts G through 0 in the Russian Creek Alaska Sub. from Unclassified to B- Business. Zoning the area known as Bell's Flats, Bell's Flats Subdivision and Russian Creek Subdivision Unclassified except for certain areas to be zoned I- Industrial. November 19, 1980 August 1, 1974 January 18, 1970 2. Tr 'K', Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot Size: Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 3. Existing Land Use: Tr 'K' Russian Ck Alaska Sub Lot 1, Dayton Subdivision Lot 2, Dayton Subdivision Tract 'A' of Tract 'L' 4. Surrounding Land Use and Zoning: North: Multiple Parcels Public Hearing Item VI -A 9.16 acres 1.14 acres 1.44 acres 8.07 acres Total 19.81 acres Open Storage /residential Vacant Business Misc buildings • Case 08- 011 /Staff Report Page 2 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A Use: Mixed Business /residential Zoning: B - Business Zoning District South: Multiple Parcels Use: Business Zoning: Business Zoning District East: Multiple Parcels Use: Business /Undeveloped Zoning: B- Business, C- Conservation West: Multiple Parcels Use: Roadway (South Russian Creek) /Residential Zoning: RR1 -Rural Residential One 5. Comprehensive Plan: The 2007 Womans Bay Community Plan depicts the rezone area as B - Business Zoning District and indicates generally that residential and commercial uses will be segregated, and that the Russian Creek side of the Womans Bay Community will remain the designated commercial area. The Plan notes: "The preferred development pattern continues to focus new business development in areas that have traditionally served such a purpose, though in an improved physical arrangement and a renewed emphasis on design and development standards. The community's business center will continue to be the area along Chiniak Highway." " ." "Other business activities may be accommodated in a second location. This area should offer neighborhood services such as day care that are small in scale and compatible to the surrounding residential uses." 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: KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. KIBC 17.22.110 Nonconformities. Regulations for nonconformities (lots, uses and structures) are contained in chapter 17.36 of this title. (Ord. 92 -13 '3, 1992). This section is included because the business uses that presently occur on those Tots if rezoned residential will now be termed "Non — Case 08-011 /Staff Report Page 3 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A Conforming uses. That is a business will be allowed to occur in a residential zone use, but with restrictions KIBC 17.72.030 Manner of Initiation. Changes in this title may be initiated in the following manner: *C. By petition of one (1) 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 department, 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. Under 17.72.060 Hearing determination, The burden of the applicants in requesting this change in rezoning is for them to meet the following test: Is there a "public necessity, convenience. general welfare and good zoning practice" case to be made to rezone this parcel. There is also a burden that the zoning change requested be supported by the Comprehensive Plan. All rezoning cases, because it is a change in the zoning map, requires additional public hearing and approval by the Assembly. KIBC 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 /Industrial Development 1. Natural Features Case 08- 011 /Staff Report Page 4 of 10 P & Z: February 20, 2008 Public Hearing Item VI -A 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: 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. 2. Natural Setting, Views and Access 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. 3. Dredge and Excavation Material 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. 4. Facility Design 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. Consistent: 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. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adiacent, non - business properties in order to minimize conflicts between land uses. KIBC 17.21.050 (C) Performance Standards states that business use adjacent to residential uses require screening to be provided subiect to review and approval by the commission. Consistent: N /A. This area is a long established commercial zoned area. The proposed rezone may, if approved, affect the range of uses allowed in Case 08- 011 /Staff Report Page 5 of 10 P & Z: February 20, 2008 the area; it may require business to however it is still intended to be predominantly commercial in nature. 6. Accessory Development 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. Consistent: N /A. No accessory development is proposed along the shoreline. 7. Wetlands 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. Residential Development 1. Locatio 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. The proposed rezone is intended to address the desire for residential development in this area and in so doing recognize the fact that the area is dependent on the installation of onsite water and wastewater systems, which is not taken into account by the current B- Business District zoning. COMMENTS Public Hearing Item VI -A INTRODUCTION The general concept of rezoning a portion of the Womens Bay "Business Zoned Island" into residential zoning has been heard by the Commission a number of times in the past. This case is an expansion of the case heard by the commission a couple of month ago with the addition of a second tract of land (Tract K) which is immediately adjacent to and immediately north of the Dario Dayton request. Mr. Dayton has also included his two smaller properties (Lot 1 & 2, Dayton Subdivision) into the mix along with his remainder parcel (Tract A of Tract L) that he has sought residential rezoning in the past. The total request for this rezone is 19.81 acres. Case 08- 011 /Staff Report Page 6 of 10 P & 2: February 20, 2008 ANSWERS TO QUESTIONS 1. COMPREHENSIVE PLAN Public Hearing Item VI -A Legal Description Area Use • Lot 1, Dayton Subdivision 1.14 ac Vacant • Lot 2, Dayton Subdivision 1.44 ac Feed Store • Tract A of Tract L RCAS 8.07 ac Cabin and house • Tract K, RCAS 9.16 ac Outside Storage Total Acreage 19.81 ac QUESTIONS TO BE DEBATED The debate surrounding this case should be viewed by answering the following questions: 1. The 2007 Womens Bay Comprehensive Plan and the 2007 Kodiak Island Borough Comprehensive Plans show the future use of this area is to remain zoned for B - Business. 2. Is future need for business land identified in this area more important than the present need for residential? 3. Did the applicants make a sufficient case that by this action, there is a "public necessity, convenience, general welfare and good zoning practice" associated with the rezoning of these parcels from B- Business to RR1 — Rural Residential. 4. There is also a burden that the zoning change requested be supported by the Comprehensive Plan. All rezoning cases, because it is a change in the zoning map, requires additional public hearing and approval by the Assembly The 2008 Island Wide Comprehensive Plan identifies this area for "business" use. The plan is absent of any language that there was a desire by the Womens Bay community to change the zoning of this area from the Business zone to a Residential zoning district. In fact, there is specific mention in the plan about "keeping business areas separate from residential ". This long held concept of creating an existing "island" of business zoned in fact makes sense and makes it easy to keep uses incompatible'uses separated. Though this area of the business island is arguably underutilized, in the past it was active with the storage of fishing gear as "open storage. But planning, especially comprehensive planning is about future uses and reserving sufficient business zoned land for future development is important. Nothing came up at the comprehensive planning meeting or workshops about this concem. This is where those kinds of issues if important to the Womens Bay community would have been raised and discussed. Case 08-011 /Staff Report Page 7 of 10 P & Z: February 20, 2008 2. BUSINESS ZONING VS RESIDENTIAL ZONING The total amount of business zone area in Russian Creek is approximately 90 acres in size. Is that amount of business zoned land proportional to the size of the Womens Bay community? Will 90 acres of business zoned land service the business needs of the Womens Bay community, Lash Dock development or future Kodiak business needs? It is important that open storage is a permitted use in the business district. Based on KIB records. there are 39 vacant Tots that are zoned RR1 in the Womens Bay area. The vacant Tots total 122 acres. If zoned residential, a number of legitimate business uses would become "non- conforming uses" That means that any future expansion of that use would be limited or prohibited. 3. DID THE APPLICANT MAKE A CASE THAT THE ZONING REQUEST IS IN THE BEST INTEREST OF THE COMMMUNITY? The applicants have not made the compelling case that a rezone is in the best interest of the Womens Bay or the larger Kodiak community. Though a rezone to residential may allow these parcels to be sold, the ability to sell the parcel or receive what might be thought of as a return on investment is not a compelling reason. The Basis of a rezone is fund in the comprehensive planning process, where the pieces of a town are pieced together to make a community that is logical in its segregated uses. Property ownership by individuals is a freedom we enjoy, but how they are divided and used is a community interest. 4. DOES THE COMPREHENSIVE PLAN SUPPORT THE APPLICANTS? The 2007 Womens Bay Comprehensive Plan nor the 2008 Kodiak Island Borough Comprehensive Plan makes any mention of the need to change the zoning and use of this area. The zoning categories and layout in Womens Bay is one that is organized, understood and supported by the public. And the desirable future character and pattem of development is known. CONFORMANCE WITH THE COMPREHENSIVE PLAN: As stated above, the request is inconsistent with the comprehensive plan. A change in the zoning will create a number of non - conforming uses for the business use that is legitimate occurring. A rezone will require bring residential use into contact with the noise, Tight and activity that occurs in a business zone ZONING /USE: Public Hearing Item VI -A The area is characterized as a mixed use of business, open storage and residential use. Because this side of the business island is away from the Chiniak Highway, it is not noted for high business traffic. There has been a much greater emphasis on home based business and residential use in general. Case 08-011 /Staff Report Page 8 of 10 P & Z: February 20, 2008 LAND SUITABILITY: The area is substantially affected by wetland conditions. Some areas have been filled in over the years; however, current filling requirements by the U.S. Army Corps of Engineers may restrict the ability to fill the remaining land in the proposed rezone area. This is particularly true for the remaining large tracts located in the interior of the subdivision. A change to a more residential zoning will bring a need for onsite water and wastewater systems RECENT DEVELOPMENT TRENDS IN THE AREA: Lately, there has been a preference for lodging in the vicinity (the most recent activity is the development of a roadhouse structure at the old Rip — Tec lumber supply store). Residential development has occurred around the corner on Lot 88888. But open storage remains the primarily use. This use can only occur on Business —zoned property. TRAFFIC IMPACTS: The types of uses allowed in the B- Business zoning district are intended to provide a full range of commercial activities, many of which are intended to provide services to the public outside of the Womans Bay Community. RECOMMENDATION Staff recommends that the Comprehensive Plan guide the Commission in its decision. There may be a strong tug to change this area to residential, but the community had two shots to discuss rezoning this "business island" to something other than what it is currently zoned but chose not to do so. That in itself is a strong statement because we know how engaged the Womens Bay Community in the process of both the 2006 Womens Bay Comprehensive Plan and the 2008 Island -wide Comprehensive Plan. But that being said, the Commission has the prerogative to adjust the boundaries of the rezone area, just as it has the ability to initiate investigations in cases as this. Should that be the case, the commission should weigh this rezone against how many vacant residential lots presently exist. Motion #1 Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of Tract A of Tract L, Russian Creek Alaska Subdivision, Tract K, Russian Creek Alaska Subdivision and Lots 1 & 2, Dayton Subdivision from B - Business to RR -1 Rural Residential One Zoning, and Case 08- 011 /Staff Report APPROPRIATE MOTIONS Public Hearing Item VI -A Page 9 of 10 P & Z: February 20, 2008 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. No justification for the rezone has been offered, nor has any need for the rezone been shown. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Obiectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is inconsistent with the preferred development pattern as expressed in the 2007 Womens Bay Community Plan or the 2008 Kodiak Island Borough Comprehensive Plan. Motion #2 Public Hearing Item VI -A to adopt the "Findings of Fact" in the staff report dated May 12, 2008, in support of this recommendation. STAFF RECOMMNEDATION Staff recommends denial of this motion. APPROPRIATE MOTION Move to adopt the findings of fact as spelled out in the May 12 staff report STAFF RECOMMNEDATION Staff recommends approval of this motion. Case 08-011 /Staff Report Page 10 of 10 P & Z: February 20, 2008 7 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodiak, AK 99615 Re: Rezone Request Tract K and Tract L, Russian Creek Dear Planning Dept. and P &Z Commission, I am one of the petitioners for the rezone of Tracts K and L in the Russian Creek subdivision in Bells Flats. My Dad and I along with Bernie Lindsey were the original purchasers of tract K at auction. At the time, way back in the 80s, it seemed like businesses would be moving to the Flats and the "business" zoning made sense. However, in the intervening years, we've seen few businesses develop outside of Kodiak's core area and many of the small businesses that have tried to locate in Bells Flats have failed. Those businesses that have survived are primarily along West Rezaonf Drive. In addition, many of the adjacent and neighboring properties to tracts K and L have been rezoned or have been used exclusively for residential purposes. Finally, even if these parcels were used for business, those businesses would likely locate along South Russian Creek road and much of each parcel would remain unused since that part of the parcels that is away from the road is impractical for most business uses. (See, for example, the current use of tract L with limited business use along the road and the remainder of the parcel used for residential.) All of these reasons would justify a rezone of the property. The use expectations at the time of the original plan and platting simply haven't been realized and its time to adjust those expectations. I am aware that the Commission generally only takes testimony at the regular meeting and not the work session. Nevertheless, since I may have a scheduling conflict next week, I wanted the commission to be aware of the basis for my rezone request. If you or the staff have any additional questions, please do not hesitate to contact me. COMMUNITY DEVELOPMENT DEPARTMENT Duncan Fields P.O. Box 25 Kodiak, AK 99615 May 13, 2008 truly y „aiYC'I can Fields Attachments: • Ordinance No. FY2009 -03 • 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, August 7, 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. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P8Z Case 08 -023.) 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 niavierAkodiakak.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 August 7, 2008. Comments favoring and opposing are encouraged. If you have any questions, please call 486 -9310. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -03 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Manager Gifford P & Z Commission CDD Staff 07/17/ 2008 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING FOUR (4) PARCELS OF LAND IN THE RUSSIAN CREEK SUBDIVISION, TOTALING APPROXIMATELY 20 ACRES, FROM B- BUSINESS TO RR1 — RURAL RESIDENTIAL ONE DISTRICT (P8Z CASE 08 -023) WHEREAS, the "island" of business zone property in Womens Bay is located in the Russian Creek Subdivision; and WHEREAS, while the side of this business zoned property fronting Rezanof Drive (and including business from the Speedy Kraft store down to Rendezvous) are thriving, the back side of this B — Business zone "Island" fronting South Russian Creek Road has languished; and WHEREAS, the Planning and Zoning Commission has reviewed a number of requests to rezone the back portion of this business "island" in the Russian Creek Subdivision from its current B- Business zoning district to another zoning district to reflect the area's slowness to reach its full potential; and WHEREAS, much of the residentially zoned land available for development in Womens Bay has been utilized leaving the more challenging and environmentally sensitive parcels left to develop; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 21, 2008 as part of the review for this case; and WHEREAS, the Planning and Zoning Commission finds the request to be generally consistent with the goals and objectives of the 2007 Kodiak Island Borough Comprehensive Plan and that the rezoning would provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development by an increase in residential development; and WHEREAS, the Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly rezone the four (4) parcels identified in the staff report, totaling approximately 20 acres from B- Business to RR1 -Rural Residential One. 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 four (4) parcels of land described below and totaling approximate 20 acres are hereby rezoned from B- Business to RR1 -Rural Residential One. 1. Lots 1 & 2, Dayton Subdivision 2. Tract A of Tract L, Russian Creek Alaska Subdivision 3. Tract K, Russian Creek Alaska Subdivision Kodiak Island Borough, Alaska Ordinance No. FY2009 -03 Page 1 of 2 Section 3: ATTEST: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. • A need for residential property has been expressed by the public. • Current use of adjacent business zoned Tots includes a mix of business and residential use. • Location of property is inconsistent with the primary retail intent of business zoning. • Rezone to RR1 could greatly reduce the impact of on -site wastewater systems compared to Business zoning development. • Much of the residentially zoned land available for development in Womens Bay has already been utilized leaving the more challenging and environmentally sensitive left to develop. 17.72.020 B. Findings as to the Effect a Change or Amendment Would Have on the Obiectives of the Comprehensive Plan. • The rezone would meet a medium to low priority identified in the comprehensive plan by providing the "ability to allow the community to grow." • This rezoning would satisfy a community goal expressed in the comprehensive plan by "Encouraging new residential development while maintaining a minimum lot size of RR1 (40,000 square feet)." • More residential development will provide an additional population base to support the existing businesses that have located in the Womens Bay Community as well as encourage new business development with an increase in residential development. 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. FY2009 -03 Page 2 of 2 Current. Location 11883, 11967; 11945, & 11723 S. Russian Creek Rd. • Agenda: Item # VI A P & Z: Case *08-023 Darla Dayton,., Duncan; Fields,, A,rtrct Kul�,rs � ,R Cart Request a rezone, ac:cordirrg: to. KIB.C.11.72.030 and 17.72.030.0, from B- Business to RR1- Rural Residential One:. subject parcels notification area 0 375 750 Feet Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 loot intervals, Scale is 1:83,360 Created in ArcGIS 9, NAD 27, Stale Plane 5 Parcel Information Is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to -date. Kodiak Island Borough Community Development Department. *Ammo* by Kwvrrhrt• or now •L • memo MEEK AL NGI awurMar me LOTS 1 a r r uenav .wworaarar tr.4 ? ' el CPL ' AC. A. nn»vaw wrnvrr RUT AldNEW ..... a, ARAI, AO III* ........ n : I, PUBLIC HEARING FORM Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District (P&Z Case 08 -023.) ❑ 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 niavier(kodiakak.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, August 7, 2008. In a) 1 O (NI a) as E 'X O a rn c 1— O . .> v .0 a ) U c .-. LU crj N N � O a) a) L N C . 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LL O LL Q Q Z Q a Q w 4 J O it) D: 00 U w w Y • w Q CC CC LL 0 0 Z CC Z O Q Z w H U Ps Hello my name is Luke Lester. On the eighteenth of June I put down earnest money on LT 1 of the Dayton Subdivision and Track A of Track L of the Russian Creek Subdivision ; or the majority of Darlo Daytons land. I am writing this in concern of the rezone I am buying this land for business use and would like it to stay business land ! I have talked to some people in the borough and 1 will be attending the August seventh assembly meeting. I have also talked with Darlene Cane who is buying LT 2 from Darlo that has an existing business on it and she had no idea about what is going on with this rezone, and wants nothing to do with RR1 She had said that she would contact the borough on Monday. I have also talked with Darlo and since his original idea of rezoning and selling fell apart and sold it as is to me and Darlene he is also in agreement of keeping business land. Thank you I am leaving town tonight for fishing I check voice mail if for any reason any one should need to talk of me please call (907)539 -5293 Luke Lester AUG 7 7i' r. 1f - 12008 j LJ 07/22/2008 09:14 9074871955 PUBLIC HEARING FORM Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 , Rural Residential One District (P&Z Case 08 -023.) 0 This is in support of the rezone. This is in opposition of the rezone. Other comments. T3 Name: Residence Address: g 59 ___EA4d2.12ffi 0 rz a F Mailing Address: S9 / Comments: TUNDRA PLUMBING /HTG( PAGE 01 Written comments may be submitted by email to niaviert kodiakak.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 o.m, on Thursday. August 7, 2008. H _ A X _ H m 01 = N z w Z ° m 0 D3-4 10 0 W D C in ID rH = m mrz Q xt -t m omo k 1 µ 0"OM 0 /1-1Z ao £DO In DOm XI rXI =oom o 0 w 0 m tO 0 Nova Javier From: geotech @alaska.com on behalf of Laurene Madsen [geotech @alaska.com] Sent: Friday, August 08, 2008 4:21 PM To: Nova Javier Subject: proposed rezoning in Russian Creek Subdv. Hi, I am unable to come to the P & Z meeting, but want to voice my agreement with this rezone and think it is a great idea. 1 just hope they get the junkyard cleaned out of there as a requirement for RR!, thank you, Laurene Madsen Lots 7,8, & 9 Russian Hill Subdv. 1 dd' R--9,' TITLE: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING ITEM NO: 13.B.1 Resolution No. FY2009 -19 Establishing Citizens Board of Equalization Dates for the Year 2009. SUMMARY: The Board of Equalization hearing of appeals from the 2009 assessed valuations of real and personal property within the Kodiak Island Borough will be held on Monday, May 11 and Tuesday, May 12, 2009 and will continue from day to day as established by the Board of Equalization and the Borough Clerk until all properly filed appeals have been heard. This meeting(s) will start at 7:30 p.m. in the assembly chambers of the Kodiak Island Borough. RECOMMENDED MOTION: Move to adopt Resolution No. FY2009 -19. 1 Introduced by: Manager Gifford 3 Requested by: Manager Gifford 4 Drafted by: Borough Clerk 5 Introduced: 02/19/2009 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2009 -19 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 ESTABLISHING CITIZENS BOARD OF EQUALIZATION 12 DATES FOR THE YEAR 2009 13 14 WHEREAS, part of the public notification process is the setting of dates, by resolution, of Board 15 of Equalization hearings for appeals; and 16 17 WHEREAS, the date taxes become delinquent shall be fixed by resolution; and 18 19 WHEREAS, the actions are required by Alaska Statutes 29.45.240; 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 22 BOROUGH THAT: 23 24 Section 1: The Board of Equalization hearing of appeals from the 2009 assessed valuations 25 of real and personal property within the Kodiak Island Borough, Alaska will be 26 held on Monday, May 11 and Tuesday, May 12, 2009 and will continue from day 27 to day as established by the Board of Equalization and the Borough Clerk until all 28 properly filed appeals have been heard. This meeting(s) will start at 7:30 p.m. in 29 the assembly chambers of the Kodiak Island Borough, 710 Mill Bay Road, 30 Kodiak, AK 99615. 31 32 Section 2: The date taxes are due is October 15, 2009, unless the taxpayer elects to pay 33 the taxes in two equal installments, then the first half is due on August 17, 2009 34 and the second half is due on November 16, 2009. 35 36 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 37 THIS DAY OF , 2009 38 39 40 KODIAK ISLAND BOROUGH 41 42 43 44 ATTEST: Jerome M. Selby, Borough Mayor 45 46 47 48 Nova M. Javier, CMC, Borough Clerk 49 50 Kodiak Island Borough Resolution No. FY2009 -19 Page 1 of 1 TITLE: Resolution No. FY2009 -20 Authorizing The Borough To Issue General Obligation Refunding Bonds In The Principal Amount Of Not To Exceed $7,150,000 To Refund Certain Outstanding General Obligation Bonds Of The Borough, Fixing Certain Details Of Such Bonds, Authorizing Their Sale, And Providing For Related Matters. SUMMARY: This resolution allows the Borough to issue refunding bonds to pay off the remaining balance of the 1998 Series A bond issue with anticipated savings of over $200,000. The State of Alaska would benefit 35% of these savings. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: ,? KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING RECOMMENDED MOTION: Moved to adopt Resolution No. FY2009 - 20. ITEM NO: 13.B.2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 1 KODIAK ISLAND BOROUGH 2 RESOLUTION NO. FY2009 -20 Introduced by: Requested by: Drafted by: Introduced: Adopted: Manager Gifford Finance Director Bond Counsel 02/19/2009 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,150,000 TO REFUND CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS OF THE BOROUGH, FIXING CERTAIN DETAILS OF SUCH BONDS, AUTHORIZING THEIR SALE, AND PROVIDING FOR RELATED MATTERS. WHEREAS, there are now outstanding General Obligation Refunding Bonds, 1998 Series A of the Kodiak Island Borough (the "Borough ") maturing, or for which sinking fund installments are due, on February 15 in the years 2010 through 2014 in the aggregate principal amount of $6,815,000 (the "1998 Bonds "), issued under Ordinance No. 98 -28 of the Borough; and WHEREAS, the Assembly finds that it is in the best interest of the Borough to provide for the refunding, including the payment of principal of, and premium and interest on, those maturities or sinking fund installments of the 1998 Bonds (the "Refunded Bonds ") whose refunding the Borough Manager or Borough Finance Director determines will produce the percentage debt service savings specified in this resolution, by the issuance of general obligation refunding bonds in the aggregate principal amount of not to exceed $7,150,000; and WHEREAS, Section 29.47.320 of the Alaska Statutes provides that general obligation refunding bonds may be issued without an election, Section 29.47.300 of the Alaska Statutes provides that their issuance may be authorized by resolution, and Section 29.47.410 of the Alaska Statutes provides that the Assembly by resolution may provide for the form and manner of sale of bonds and notes; and WHEREAS, the Assembly finds that it is necessary and appropriate to delegate to each of the Borough Manager and Borough Finance Director authority to determine the aggregate principal amount, maturity amounts, interest rates and other details of the bonds, and the amount of bond proceeds necessary to effect the refunding of the Refunded Bonds, and to determine other matters that are not provided for in this resolution; and WHEREAS, there has been presented to the Borough the form of a Loan Agreement between the Alaska Municipal Bond Bank and the Borough, which provides for the Alaska Municipal Bond Bank to purchase the bonds on the terms and conditions set forth therein and in this resolution, and it is in the best interest of the Borough that the Borough sell the bonds to the Alaska Municipal Bond Bank under such terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: 40 41 Section 1: Definitions. In addition to terms which are defined in the recitals above, the 42 following terms shall have the following meanings in this resolution: 43 Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 1 of 10 44 (a) "Assembly" means the Assembly of the Kodiak Island Borough, as the 45 general legislative authority of the Kodiak Island Borough, as the same shall be 46 duly and regularly constituted from time to time. 47 48 (b) "Bond" or "Bonds" means any of the "General Obligation Refunding 49 Bonds, 2009 Series A" of the Kodiak Island Borough, the issuance and sale of 50 which are authorized herein. 51 52 (c) "Bond Bank" means the Alaska Municipal Bond Bank, a public 53 corporation of the State of Alaska. 54 55 (d) "Bond Bank Bonds" means general obligation bonds issued by the Bond 56 Bank after the date of this Resolution, all or part of the proceeds of which are 57 used to purchase all of the Bonds. 58 59 (e) "Bond Register" means the registration books maintained by the 60 Registrar, which include the names and addresses of the Registered Owners of 61 the Bonds or their nominees. 62 63 (f) "Borough" means the Kodiak Island Borough, a municipal corporation of 64 the State of Alaska, organized as a second class Borough under Title 29 of the 65 Alaska Statutes. 66 67 (g) "Code" means the Internal Revenue Code of 1986, as amended from 68 time to time, together with all regulations applicable thereto. 69 70 (h) "Government Obligations" means obligations that are either (i) direct 71 obligations of the United States of America or (ii) obligations of an agency or 72 instrumentality of the United States of America the timely payment of the 73 principal of and interest on which are unconditionally guaranteed by the United 74 States of America 75 76 (i) "Loan Agreement" means the Loan Agreement between the Borough and 77 the Bond Bank concerning the Bonds. 78 79 (j) "Refunded Bonds" means the maturities or sinking fund installments of 80 the 1998 Bonds whose refunding is approved by the Borough Manager or 81 Borough Finance Director under Section 12. 82 83 (k) "Registered Owner" means the person named as the registered owner of 84 a Bond in the Bond Register. 85 86 (1) "Registrar" means the Borough Finance Director, or any successor that 87 the Borough may appoint by resolution. 88 89 (m) "Resolution" means this Resolution No. FY2009- of the Borough. 90 91 (n) "1998 Bonds" means the $6,815,000 of General Obligation Refunding 92 Bonds, 1998 Series A of the Borough maturing on February 15 of the years 2010 93 through 2014. Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 2 of 10 94 95 Section 2: Authorization of Bonds and Purpose of Issuance. For the purpose of providing 96 the funds required to effect the refunding of the Refunded Bonds in the manner 97 and at the time hereinafter set forth, to provide for original issue discount, if any, 98 and to pay all costs incidental thereto and to the issuance of the Bonds, the 99 Borough hereby authorizes and determines to issue and sell the Bonds in the 100 aggregate principal amount of not to exceed $7,150,000. 101 102 Section 3: Obligation of Bonds. The Bonds shall be direct and general obligations of the 103 Borough and the full faith and credit of the Borough are hereby pledged to the 104 payment of the principal of and interest on the Bonds. The Borough hereby 105 irrevocably pledges and covenants that it will levy and collect taxes upon all 106 taxable property within the Borough without limitation as to rate or amount, in 107 amounts sufficient, together with other funds legally available therefor, to pay the 108 principal of and interest on the Bonds as the same become due and payable. 109 110 Section 4: Designation, Maturities, Interest Rates, and Other Details of Bonds. The Bonds 111 shall be designated "Kodiak Island Borough, Alaska, General Obligation 112 Refunding Bonds, 2009 Series A." The Bonds shall be in the denomination of 113 $5,000 or any integral multiple thereof, shall be numbered separately in the 114 manner and with such additional designation as the Registrar deems necessary 115 for purposes of identification, and may have endorsed thereon such legends or 116 text as may be necessary or appropriate to conform to the rules and regulations 117 of any governmental authority or any usage or requirement of law with respect 118 thereto. 119 120 The Bonds shall mature in one or more years commencing no earlier than 2010 121 and ending no later than 2014, and shall be payable in approximately equal 122 annual principal payments or with approximately equal annual debt service. The 123 Bonds shall bear interest from their date, payable commencing on a date on or 124 after July 1, 2009, and semi - annually thereafter in each year. Interest will be 125 computed on the basis of a 360 -day year consisting of twelve 30 -day months. 126 127 Subject to Section 2 and the remainder of this section, the dated date, the 128 principal and interest payment dates, the record dates for interest payments, the 129 aggregate principal amount, the principal amount of each maturity, and the 130 interest rates on the Bonds shall be determined at the time of execution of the 131 Loan Agreement under Section 17. 132 133 Section 5: Optional Redemption. The Bonds shall not be subject to optional redemption by 134 the Borough. 135 136 Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 3 of 10 137 Section 6: Form of Bond. Each Bond shall be in substantially the following form, with such 138 variations, omissions and insertions as may be required or permitted by this 139 Resolution: 140 141 UNITED STATES OF AMERICA 142 STATE OF ALASKA 143 144 KODIAK ISLAND BOROUGH 145 (A Municipal Corporation of the State of Alaska) 146 147 NO. $ 148 149 150 GENERAL OBLIGATION REFUNDING BOND, 2009 SERIES A 151 152 REGISTERED OWNER: 153 154 PRINCIPAL AMOUNT: 155 156 The Kodiak Island Borough (the "Borough "), a municipal corporation of 157 the state of Alaska, hereby acknowledges itself to owe and for value received 158 promises to pay to the Registered Owner identified above, or its registered 159 assigns, the principal amount shown above in the following installments on 160 of each of the following years, and to pay interest on such 161 installments from the date hereof, payable on , 200_ and 162 semiannually thereafter on the days of and of 163 each year, at the rates per annum as follows: Principal Interest Year Amount Rate 164 165 When this Bond is owned by the Alaska Municipal Bond Bank (the "Bond Bank "), 166 payment of principal and interest shall be made as provided in the Loan 167 Agreement between the Bond Bank and the Borough (the "Loan Agreement "). 168 When this Bond is not owned by the Bond Bank, installments of principal and 169 interest on this Bond shall be paid by check or draft mailed by first class mail to 170 the Registered Owner as of the close of business on the day of the 171 month each installment payment date; provided that the final 172 installment of principal and interest on this Bond shall be payable upon 173 presentation and surrender of this Bond by the Registered Owner at the office of 174 the Registrar. Interest will be computed on the basis of a 360 -day year 175 consisting of twelve 30 -day months. Both principal of and interest on this Bond 176 are payable in lawful money of the United States of America which, on the 177 respective dates of payment thereof, shall be legal tender for the payment of 178 public and private debts. 179 Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 4 of 10 180 This Bond is one of the General Obligation Refunding Bonds, 2009 Series 181 A of the Kodiak Island Borough, Alaska, of like tenor and effect except as to 182 interest rate, serial number and maturity, aggregating $ in 183 principal amount, and constituting Bonds authorized for the purpose of refunding 184 certain general obligation bonds issued by the Borough, and is issued under 185 Resolution No. FY2009 -_ of the Borough entitled: 186 187 A RESOLUTION OF THE KODIAK ISLAND BOROUGH 188 ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE 189 GENERAL OBLIGATION REFUNDING BONDS IN THE 190 PRINCIPAL AMOUNT OF NOT TO EXCEED $7,150,000 TO 191 REFUND CERTAIN OUTSTANDING GENERAL OBLIGATION 192 BONDS OF THE BOROUGH, FIXING CERTAIN DETAILS OF 193 SUCH BONDS, AUTHORIZING THEIR SALE, AND PROVIDING 194 FOR RELATED MATTERS. 195 196 (the "Resolution "). 197 198 Installments of principal of this Bond are not subject to prepayment at the 199 option of the Borough. 200 201 This Bond is transferable as provided in the Resolution, (i) only upon the 202 bond register of the Borough, and (ii) upon surrender of this Bond together with a 203 written instrument of transfer duly executed by the registered owner or the duly 204 authorized attorney of the registered owner, and thereupon a new fully registered 205 Bond or Bonds in the same aggregate principal amount and maturity shall be 206 issued to the transferee in exchange therefor as provided in the Resolution and 207 upon the payment of charges, if any, as therein prescribed. The Borough may 208 treat and consider the person in whose name this Bond is registered as the 209 absolute owner hereof for the purpose of receiving payment of, or on account of, 210 the principal or redemption price, if any, hereof and interest due hereon and for 211 all other purposes whatsoever. 212 213 This Bond is a general obligation of the Kodiak Island Borough, and the 214 full faith and credit of the Borough are pledged for the payment of the principal of 215 and interest on the Bond as the same shall become due. 216 217 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or 218 things required by the constitution or statutes of the State of Alaska to exist, to 219 have happened or to have been performed precedent to or in the issuance of this 220 Bond exist, have happened and have been performed, and that the series of 221 Bonds of which this is one, together with all other indebtedness of the Borough, 222 is within every debt and other limit prescribed by said constitution or statutes. 223 224 IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH, ALASKA, 225 has caused this Bond to be signed in its name and on its behalf by the manual or 226 facsimile signature of its Mayor and its corporate seal (or a facsimile thereof) to 227 be impressed or otherwise reproduced hereon and attested by the manual or 228 facsimile signature of its Clerk, all as of the day of 229 2009. Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 5 of 10 230 231 232 233 Mayor 234 ATTEST: 235 236 237 238 Clerk 239 240 [SEAL] 241 242 Section 7: Execution. The Bonds shall be executed in the name of the Borough by the 243 manual or facsimile signature of the Mayor, and its corporate seal (or a facsimile 244 thereof) shall be impressed or otherwise reproduced thereon and attested by the 245 manual or facsimile signature of the Borough Clerk. The execution of a Bond on 246 behalf of the Borough by persons who at the time of the execution are duly 247 authorized to hold the proper offices shall be valid and sufficient for all purposes, 248 although any such person shall have ceased to hold office at the time of delivery 249 of the Bond or shall not have held office on the date of the Bond. 250 251 Section 8: Payment of Principal and Interest. The Bonds shall be payable in lawful money 252 of the United States of America which at the time of payment is legal tender for 253 the payment of public and private debts. When the Bond Bank is the Registered 254 Owner of the Bonds, payment of principal and interest on the Bonds shall be 255 made as provided in the Loan Agreement. When the Bond Bank is not the 256 Registered Owner of the Bonds, installments of principal and interest on the 257 Bonds shall be paid by check mailed by first class mail to the Registered Owner 258 as of the record date for the installment payment at the address appearing on the 259 Bond Register; provided that the final installment of principal and interest on a 260 Bond shall be payable upon presentation and surrender of the Bond by the 261 Registered Owner at the office of the Registrar. 262 263 Section 9: Registration. The Bonds shall be issued only in registered form as to both 264 principal and interest. The Borough designates the Borough Finance Director as 265 Registrar for the Bonds. The Registrar shall keep, or cause to be kept, the Bond 266 Register at the principal office of the Borough. The Borough covenants that, until 267 all Bonds have been surrendered and canceled, it will maintain a system for 268 recording the ownership of each Bond that complies with the provisions of 269 Section 149 of the Code. The Borough and the Registrar may treat the person in 270 whose name any Bond shall be registered as the absolute owner of such Bond 271 for all purposes, whether or not the Bond shall be overdue, and all payments of 272 principal of and interest on a Bond made to the Registered Owner thereof or 273 upon its order shall be valid and effectual to satisfy and discharge the liability 274 upon such Bond to the extent of the sum or sums so paid, and neither the 275 Borough nor the Registrar shall be affected by any notice to the contrary. 276 277 Section 10: Transfer and Exchange. Bonds shall be transferred only upon the books for the 278 registration and transfer of Bonds kept at the office of the Registrar. Upon 279 surrender for transfer or exchange of any Bond at such office, with a written Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 6 of 10 280 instrument of transfer or authorization for exchange in form and with guaranty of 281 signature satisfactory to the Registrar, duly executed by the Registered Owner or 282 the duly authorized attorney of the Registered Owner, the Borough shall execute 283 and deliver an equal aggregate principal amount of Bonds of the same maturity 284 of any authorized denominations, subject to such reasonable regulations as the 285 Borough may prescribe and upon payment sufficient to reimburse it for any tax, 286 fee or other governmental charge required to be paid in connection with such 287 transfer or exchange. All Bonds surrendered for transfer or exchange shall be 288 canceled by the Registrar. 289 290 Section 11: Bonds Mutilated, Destroyed, Stolen or Lost. Upon surrender to the Registrar of a 291 mutilated Bond, the Borough shall execute and deliver a new Bond of like 292 maturity and principal amount. Upon filing with the Registrar of evidence 293 satisfactory to the Borough that a Bond has been destroyed, stolen or lost and of 294 the ownership thereof, and upon furnishing the Borough with indemnity 295 satisfactory to it, the Borough shall execute and deliver a new Bond of like 296 maturity and principal amount. The person requesting the execution and delivery 297 of a new Bond under this section shall comply with such other reasonable 298 regulations as the Borough may prescribe and pay such expenses as the 299 Borough may incur in connection therewith. 300 301 Section 12: Disposition of the Sale Proceeds of the Bonds; Designation of Refunded Bonds. 302 The sale proceeds of the Bonds shall be applied to provide for the refunding of 303 the Refunded Bonds, and to pay the issuance costs of the Bonds. Each of the 304 Borough Manager and the Borough Finance Director is authorized to designate 305 which, if any, maturities and sinking fund installments of the 1998 Bonds 306 authorized to be refunded in this Resolution shall be refunded, provided that the 307 refunding of the 1998 Bonds so designated shall realize a debt service savings of 308 at least three percent of their principal amount, net of all issuance costs and 309 underwriting discount, on a present value basis. 310 311 Section 13: Call of Refunded Bonds for Redemption. The Borough hereby elects to redeem 312 the Refunded Bonds on a date to be determined by the Borough Manager or 313 Borough Finance Director, which shall be not later than 90 days after the date of 314 delivery of the Bonds. Notice of redemption of the Refunded Bonds shall be 315 given in the manner set forth in the ordinance authorizing the Refunded Bonds. 316 The election to make such call for redemption shall be subject to the delivery of 317 the Bonds to the initial purchasers thereof and shall become irrevocable upon 318 such delivery. 319 320 Section 14: Tax Covenants. The Borough covenants to comply with any and all applicable 321 requirements set forth in the Code in effect from time to time to the extent that 322 such compliance shall be necessary for the exclusion of the interest on the 323 Bonds from gross income for federal income tax purposes. Without limiting the 324 generality of the foregoing, the Borough covenants that it will make no use of the 325 proceeds of the Bonds which will cause the Bonds to be "arbitrage bonds" 326 subject to federal income taxation by reason of Section 148 of the Code, and that 327 it will not take or permit any action that would cause the Bonds to be "private 328 activity bonds" as defined in Section 141 of the Code. 329 Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 7 of 10 330 Section 15: Amendatory and Supplemental Resolutions. 331 332 (a) The Assembly from time to time and at any time may adopt a resolution 333 or resolutions supplemental hereto, which resolution or resolutions thereafter 334 shall become a part of this Resolution, for any one or more of the following 335 purposes: 336 337 (1) To add to the covenants and agreements of the Borough in this 338 Resolution, other covenants and agreements thereafter to be observed, 339 or to surrender any right or power herein reserved to or conferred upon 340 the Borough. 341 342 (2) To make such provisions for the purpose of curing any ambiguities 343 or of curing, correcting or supplementing any defective provision 344 contained in this Resolution or in regard to matters or questions arising 345 under this Resolution as the Assembly may deem necessary or desirable 346 and not inconsistent with this Resolution and which shall not adversely 347 affect the interests of the Registered Owners of the Bonds. 348 349 Any such supplemental resolution may be adopted without the consent of the 350 Registered Owners of any of the Bonds at any time outstanding, notwithstanding 351 any of the provisions of subsection (b) of this section. 352 353 (b) With the consent of the Registered Owners of not less than 60 percent in 354 aggregate principal amount of the Bonds at the time outstanding, the Assembly 355 may adopt a resolution or resolutions supplemental hereto for the purpose of 356 adding any provisions to or changing in any manner or eliminating any of the 357 provisions of this Resolution or of any supplemental resolution; provided, 358 however, that no such supplemental resolution shall: 359 360 (1) Extend the fixed maturity of any of the Bonds, or reduce the rate 361 of interest thereon, or extend the time of payments of interest from their 362 due date, or reduce the amount of the principal thereof, or reduce any 363 premium payable on the redemption thereof, without the consent of the 364 Registered Owners of each Bond so affected; or 365 366 (2) Reduce the aforesaid percentage of Registered Owners of Bonds 367 required to approve any such supplemental resolution without the consent 368 of the Registered Owners of all of the Bonds then outstanding. 369 370 It shall not be necessary for the consent of the Registered Owners of the Bonds 371 under this subsection to approve the particular form of any proposed 372 supplemental resolution, but it shall be sufficient if such consent approves the 373 substance thereof. 374 375 (c) Upon the adoption of any supplemental resolution under this section, this 376 Resolution shall be deemed to be modified and amended in accordance 377 therewith, and the respective rights, duties and obligations under this Resolution 378 of the Borough and all Registered Owners of outstanding Bonds shall thereafter 379 be subject in all respects to such modification and amendment, and all the terms Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 8 of 10 380 and conditions of the supplemental resolution shall be deemed to be part of the 381 terms and conditions of this Resolution for any and all purposes. 382 383 (d) Bonds executed and delivered after the execution of any supplemental 384 resolution adopted under this section may bear a notation as to any matter 385 provided for in such supplemental resolution, and if such supplemental resolution 386 shall so provide, new Bonds modified so as to conform, in the opinion of the 387 Borough, to any modification of this Resolution contained in any such 388 supplemental resolution may be prepared by the Borough and delivered without 389 cost to the Registered Owners of the Bonds then outstanding, upon surrender for 390 cancellation of such Bonds in equal aggregate principal amounts. 391 392 Section 16: Defeasance. In the event money and /or non - callable Government Obligations 393 maturing at such times and bearing interest to be earned thereon in amounts 394 sufficient to redeem and retire any or all of the Bonds in accordance with their 395 terms are set aside in a special trust account to effect such redemption or 396 retirement and such moneys and the principal of and interest on such 397 Government Obligations are irrevocably set aside and pledged for such purpose, 398 then no further payments need be made to pay or secure the payment of the 399 principal of and interest on such Bonds and such Bonds shall be deemed not to 400 be outstanding. 401 402 Section 17: Sale of Bonds. The Bonds shall be sold at negotiated sale to the Bond Bank as 403 provided in the Loan Agreement. Subject to the limitations provided in Sections 404 2 and 4, each of the Borough Manager and the Borough Finance Director is 405 hereby authorized to determine the aggregate principal amount, maturity 406 amounts, interest rates, yields, dated date, principal and interest payment dates 407 and record dates for principal and interest payments for the Bonds, and other 408 details of the Bonds; provided that the debt service on the Bonds in each fiscal 409 year shall not exceed the debt service on the Refunded Bonds in that fiscal year. 410 Based upon the foregoing determinations, each of the Borough Manager and the 411 Borough Finance Director is authorized to execute the Loan Agreement, in 412 substantially the form presented at this meeting. 413 414 Section 18: Authority of Officers. The Mayor, the acting Mayor, the Borough Manager, the 415 acting Borough Manager, the Borough Finance Director, the acting Borough 416 Finance Director, the Borough Clerk, and the acting Borough Clerk each is 417 authorized and directed to do and perform all things and determine all matters 418 not determined by this Resolution, to the end that the Borough may carry out its 419 obligations under the Bonds and this Resolution. 420 421 Section 19: Prohibited Sale of Bonds. No person, firm or corporation, or any agent or 422 employee thereof, acting as financial consultant to the Borough under an 423 agreement for payment in connection with the sale of the Bonds is eligible to 424 purchase the Bonds as a member of the original underwriting syndicate either at 425 public or private sale. 426 427 428 429 Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 9 of 10 430 Section 20: Miscellaneous. 431 432 (a) All payments made by the Borough of, or on account of, the principal of or 433 interest on the Bonds shall be made on the several Bonds ratably and in 434 proportion to the amount due thereon, respectively, for principal or interest as the 435 case may be. 436 437 (b) No recourse shall be had for the payment of the principal of or the interest 438 on the Bonds or for any claim based thereon or on this Resolution against any 439 member of the Assembly or officer of the Borough or any person executing the 440 Bonds. The Bonds are not and shall not be in any way a debt or liability of the 441 State of Alaska or of any political subdivision thereof, except the Borough, and do 442 not and shall not create or constitute an indebtedness or obligation, either legal, 443 moral or otherwise, of said state or of any political subdivision thereof, except the 444 Borough. 445 446 Section 21: Severabilitv. If any one or more of the provisions of this Resolution shall be 447 declared by any court of competent jurisdiction to be contrary to law, then such 448 provision shall be null and void and shall be deemed separable from the 449 remaining provisions of this Resolution and shall in no way affect the validity of 450 the other provisions of this Resolution or of the Bonds. 451 452 Section 22: Effective Date. This Resolution shall become effective upon passage and 453 approval. 454 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2009 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2009 -20 Page 10 of 10 TITLE: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING ITEM NO: 13.C.1 Ordinance No. FY2009 -15 Rezoning Lots 20, 21, And 22 Of U.S. Survey 3098 From B- Business To PL- Public Use Lands SUMMARY: The existing City of Kodiak police station and jail have reached the point of obsolescence. Kodiak Police Department has outgrown both the existing facility and the site that it is located on. The City has gone through an extensive site selection process before acquiring the lots that comprise the rezone area to construct a community jail, police station and emergency operations center — all critical functions for this community. The current zoning of these parcels located on Mill Bay Road is B- Business. This zoning district was thought inappropriate for this public facility as police stations and jails were not identified as either a permitted use or conditional use in the Business District. With that in mind the Commission initiated a rezoning of this site to the PL — Public Use Lands Zoning district which they felt was more appropriate. The PL zoning district is intended as a catch -all zone for public facilities and governmental uses. The historical application of the zone is largely based upon ownership of the land by a governmental entity. But because there is a myriad of uses occurring in the PL zone: landfills, sewage treatment plants, cemeteries, schools etc. this district places a greater number of requirements on these kinds of developments and holds them to a higher standard of review than comparable private sector developments. Part of this logic is that it gives the public additional participation and influence over public facility built with public taxes dollars that wouldn't be the case if the facility was built in another zoning district. After holding a public meeting on January 21 the commission unanimously approved recommending to the Borough Assembly that these parcels be rezoned from B- Business to PL- Public Use. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -15 in first reading to advance to public hearing at the next regular meeting of the Assembly. 1 Introduced by: Manager Gifford 2 Requested by: CDD Director 3 Drafted by: CDD Director 4 Introduced: 02/19/2009 5 Public Hearing: 6 Adopted: 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2009 -15 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 11 REZONING LOTS 20, 21, AND 22 OF U.S. SURVEY 3098 12 FROM B- BUSINESS TO PL- PUBLIC USE LANDS 13 14 WHEREAS, the existing police station and jail were constructed in the 1940's and has 15 reached the point of obsolescence; and 16 WHEREAS, the Kodiak Police Department (KPD) has outgrown both their facility and the site 17 it is located on; and 18 WHEREAS, the City of Kodiak gone through an extensive site selection process and identified 19 lots on Mill Bay Road to construct offices for the police department, a community jail and an 20 emergency operations center, all necessary and critical facilites needed for the community; and 21 WHEREAS, public facilities constructed in the PL- Public Use Lands zoning district are held to 22 a higher standard of review due to their unique nature and use than comparable private sector 23 developments and the city's proposed multipurpose structure in this location requires that 24 additional review demanded by the public; and 25 WHEREAS, this City multipurpose facility has been reviewed by the commission on numerous 26 occasions providing the public with ample opportunities for comment and input. These additional 27 public hearings have led to this project receiving other approvals by the commission such as a 28 conditional use permit and approval of a site plan; and 29 WHEREAS, rezoning these parcels to PL- Public Use Lands means this public facility will be 30 located adjacent to other public facilities located on lands zoned PL such as East Elementary 31 School, the hospital, and the cemetery; and 32 WHEREAS, the commission held properly noticed public hearings on this request and is 33 recommending that the Assembly find that a rezone of these parcels from B- Business to PL — 34 Public Use Lands is in keeping with other public facilites located on PL zoned lands. 35 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH that the following parcels be rezoned from B- Business to PL Public Use Lands: 37 Section 1: This ordinance is not of general application and shall not be codified. 38 Section 2: Lots 20, 21, and 22 U.S. Survey 3098 be rezoned from B - Business to PL- Public 39 Use lands. 40 Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are 41 hereby confirmed as follows: Kodiak Island Borough Ordinance No. FY2009 -15 Page 1 of 2 42 43 44 Although the population of the City of Kodiak has been flat for the past several 45 years, the existing police station and jail facility have long been in need of 46 replacement. Part of this need is simply through the recognized obsolescence of 47 the existing building itself and part of this need is through the growth of the police 48 force and the increased demands being placed on the existing jail facility. The jail 49 facility is recognized to be substandard by state authorities and as such is only 50 permitted for a maximum of ten day holding. So this change would allow the 51 community to develop a new police station and jail in the PL- Public Use Land 52 zoning district to provide a new facility that able to handle the unmet needs of the 53 community and to meet current state and local standards for holding prisoners for 54 up to 30 days maximum. 55 56 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. 57 The Comprehensive Plan mentions the tentative location of a new police station 58 and jail on near island but it also recognized the prospect that the city might 59 continue to consider other options in its extensive and extended site selection 60 process. Although it was not possible to recount in the plan all of the potential 61 sites considered by the City of Kodiak, it seems clear through the diligent efforts 62 of the City that this location best meets the future community need for a new 63 police station and jail. Loss of the commercial zoned land in this location is not of 64 major concern as the community appears to have a surplus of undeveloped and 65 underdeveloped commercial zoned property. In addition, the plan generally 66 encourages commercial use and development to be located in the downtown 67 Kodiak area or in other recognized commercial nodes such as the 68 Safeway /Lakeside subarea or Near Island. 69 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 70 THIS DAY OF , 2009 71 72 KODIAK ISLAND BOROUGH 73 74 75 76 ATTEST: Jerome M. Selby, Borough Mayor 77 78 79 80 Nova M. Javier, CMC, Borough Clerk 81 Kodiak Island Borough Ordinance No. FY2009 -15 Page 2 of 2 ( ►. et application o the zoning ordinances would result in pra ticaI difficulties or unnecessary hart ' ips. The petitioner would be required to remove portions of building or seek oth= remedie such as replatting lot boundaries which are impractical and beyond the petiti ers control bec se it involve the property of others. 17.66.050 A.3. i e granting of the variance will not result in material damages prejudice to other propertii in the vicinity nor be detrimental to the public's he : , safety, and welfare. Granting the variance wit of result in material damages or prejudice to .ther properties in the vicinity, nor be detrimental the public safety and welfare. The p .osed project would not infringe upon, or into, abutting operties, nor be of such magni • - that the overall volume of the structures project would constit e a detriment to the neighs, 'ng properties. A condition of approval will be applied to allow a ger side yard setb. • (five feet) should the accessory building be moved, destroyed or substanti • y rebuilt. 17.66.050 A.4. The granting of the varian : w' of be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy a de, 'eh does not address site specific standards such as setbacks. 17.66.050 A.5. That actions of the ' plicant did not ca hardship from which relief is be • sought by the variance. The intent of the KIB varianc- tandards, and the applicable Ala basis, is to require the adj : cation of variance requests before the construction activity an akes significant investments. In this case the were created by p ' ; owners in interest and were permitted by KIB application of ce n zoning and subdivision code interpretations. 17.66.050 A. That the granting of the variance will not permit a prohibited la district • s olved. The gr.. Ling of this variance will not permit a prohibited land use in this district. R• call vote on amended motion CARRIED 4 -0. 11-eal te- n special conditions or financial a Statutes which form their perty owner undertakes 'ginal encroachments aff through prior use in the B) Case 09 -009 and 09 -013. Request an investigation, according to KIBC 17.205.030.B (Manner of Initiation) to consider the rezone of Lots 20, 21 and 22, U.S. Survey 3098, from B- Business 14 PL- Public Use Land; and, a conditional use permit, according to KIBC 17.200 and KIBC 17.130.030.B (Conditional Uses) to permit a 22 -bed correctional facility as part of the new Kodiak Police Station. The locations are 2150, 2160, & 2170 Mill Bay Road and the zoning is B- Business. The applicants are the City of Kodiak and the Planning & Zoning Commission. The agent is Linda Freed. Cassidy gave a brief staff report and recommended the commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved, and that the commission approve a conditional use permit to allow a 22 -bed jail (correctional facility) subject to the rezone becoming effective for the site. COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 20, 21 and 22, U.S. Survey 3098, 3.75 acres, from B- Business 7:4 PL- Public Use Land, and to adopt the "Findings of Fact" in the staff report dated December 17, 2008 in support of this recommendation. Close regular meeting: Open public hearing: January 21, 2009 P &Z Guidelines Page 3 of 15 Close public hearing: Open regular meeting: A brief discussion. 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. Although the population of the City of Kodiak has been flat for the past several years, the existing police station and jail facility have long been in need of replacement. Part of this need is simply through the recognized obsolescence of the existing building itself and part of this need is through the growth of the police force and the increased demands being placed on the existing jail facility. The jail facility is recognized to be substandard by state authorities and as such is only permitted for a maximum of 10 day holding. So this change would allow the community to develop a new police station and jail in the PL- Public Use Land zoning district to provide a new facility that able to handle the unmet needs of the community and to meet current state and local standards for holding prisoners for up to 30 days maximum. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the tentative location of a new police station and jail on near island but it also recognized the prospect that the city might continue to consider other options in its site extensive and extended site selection process. Although it was not possible to recount in the plan all of the potential sites considered by the City of Kodiak, it seems clear through the diligent efforts of the city that this location best meets the future community need for a new police station and jail. Loss of the commercial zoned land in this location is not of major concern as the community appears to have a surplus of undeveloped and underdeveloped commercial zoned property. In addition, the plan generally encourages commercial use and development to be located in the downtown Kodiak area or in other recognized commercial nodes such as the Safeway /Lakeside subarea or Near Island. Roll call vote on motion CARRIED 4 -0 COMMISSIONER WATKINS MOVED to grant a conditional use permit (CUP), according to KIBC 17.200 and KIBC 17.130.030.B (Conditional Uses) to permit a 22 -bed correctional facility as part of the new Kodiak Police Station on Lots 20, 21 and 22, U.S. Survey 3098, subject to two (2) conditions of approval, and to adopt the findings contained in the staff report dated January 8, 2009, as FINDINGS OF FACT for this case. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: CONDITIONS OF APPROVAL 1. The conditional use permit (CUP) is based upon the detailed site plan, floor plans and other supporting information submitted by the applicant detailing a new police station and jail facility for this case. The focus of this CUP is the 22 -bed jail facility, such that any future expansion of the jail (correctional facility) use, in terms of beds or floor area shall require a new CUP review before the Planning & Zoning Commission. January 21, 2009 P &Z Guidelines Page 4 of 15 2. The CUP will become effective upon approval of the recommended zoning change ordinance by the Kodiak Island Borough Assembly. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The proposed development site is located in the midst of a strip commercial area located along the south side of Mill Bay Road. Although there are other public facilities in the general area such as East Elementary School, Providence Kodiak Island Medical Center, and the adjoining city cemetery, the proposed police station and jail facility is oriented towards the Mill Bay Road frontage. Substantial fencing and other security measures are to be located at the rear of the facility where jail prisoners will be delivered and transferred into the jail portion of the overall facility. The police station and jail will operate in much the same manner as the existing police station with employee and visitor vehicles coming and going. Vehicle patrols and shift changes will also be accommodated from this site. The facility will provide for offices, locker room/work out space, dispatch center, emergency operations center (EOC) and the jail. Prisoners of the jail are not allowed to have vehicles parked on the site which will minimize the parking requirement associated with this use. The architectural design documents apply an office use parking calculation to the entire facility, i.e. one off - street parking space per 200 square feet of gross floor area for the first 2000 square feet and one off - street parking space per 300 square feet of gross floor area for additional floor area over 2000 square feet. The standard also allows for storage space at one off - street parking space per 1,000 square feet as shown on the floor plan. The parking plan shows 63 off - street parking spaces, enough to provide for the entire facility floor area as office space and related storage space, without any special parking determination for the use or occupancy of designated jail floor area. The site does not directly adjoin any residential use or zoning district with regard to screening or lighting requirements, however the zoning compliance permit process should ensure that any required security lighting does not create glare on the Mill Bay Road arterial. Contact with nearby school authorities for East Elementary and the Kodiak Christian School has not resulted in a negative responses at the time of staff report preparation. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The building design and site plan materials submitted for review with this conditional use permit (CUP) meet or exceed all requirements of the PL- Public Use Land zoning district and the CUP standards. 3. That granting the conditional use — permit will not be harmful to the public health, safety, convenience and comfort. The proposed police station and jail will not be harmful to the public health, safety, convenience and comfort. Police stations and jails are generally intended to maintain public health and safety by providing for law enforcement and by taking law breakers into custody until their guilt or innocence can be determined. In addition the jail is also available for the serving of minor jail sentences as a community based deterrent to committing crimes against the community. The facility although not required to have such facilities by the State of Alaska will have a juvenile detention facility that is substantially separated from the jail facility which is reserved for adults only. January 21, 2009 P&Z Guidelines Page 5 of 15 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 PL- Public Use Land Zone has substantial setbacks and minimum lot dimensions that that are met and exceeded on the proposed site plan. The site is largely bounded by commercial or other PL zoning districts. This will minimize the need for screening and lighting restrictions. While there is some R2- Two - family Residential land along the rear property boundary, this property has been restricted from typical R2 residential development. In addition, the R2 property is situated at a higher level than the CUP site. The proposed parking area layout and number of off - street parking spaces (63) is more than adequate to meet the needs of the proposed use(s) occupying the police station and community jail facility. 5. The proposed use or structure is located in a manner which will maximize public benefits. The City of Kodiak has undertaken an exhaustive site selection process that considered many other potential locations before selecting and acquiring the subject location. The facility is not considered a high traffic generator in the context of other commercial uses located up and down Mill Bay Road. In addition, Mill Bay Road is an arterial street with the capacity to handle the additional traffic, even though this site is located along one of the most traveled segments of the road. The site is located well within city boundaries that will provide for good access and response times to address 'community needs. „Roll call vote on motion CARRIED 4 -0, Case 09 -011. Request an investigation, according to KIBC 17.205.030.A, (Manner o Ini tion), to consider the rezone of Lot 7 and a majority portion of Tract A, Northland R. ch Subdi on (per Plat 2007 -7), from C-Conservation RR2 -Rural Residential Two; d, the rezone of . inority portion of Tract A, Northland Ranch Subdivision (approximate 10 to 12 acres out of 1 acres total) from C- Conservation >Q RNC -Rural Neighborhood C. - mercial. Cassidy stated tha Post Office and vari living in the Chiniak are acre minimum is suitable parcels in the valley that aren't should be revisited at a later date w that involves approximately 121 acres potential future subdividing. The applican concept where the developer creates large subdivision be greater than what the code (cluster development). Since this kind of developer and his consultant and we' be talking about a rezone effort motions; rezone of Tract A, Rural Residential Two and Tract A at the intersect' staff is recommendi C- Conservation t January 21, 2009 2 public hearing notices were sent out and a notice was • up at the Chiniak Chiniak residents took public hearing notices • distribute to others One public hearing notice was returned s : ing that the present five that there are sufficient RNC -Rur- Neighborhood Commercial ng developed and utilized : the Business designation sought the existing busines •roperty is developed. This is a case Kalsin Bay .. you are considering for a rezone and s propo:'ng a Conservation Subdivision which is a s ' • .f green space but requests the density of the c e . allows in areas identified for development proach is 't found in our code, we have met with the suggested how -'s should be pursued. Tonight you will e commission will . - taking action on three different a. .ut 112 acres of Northland R. h, from Conservation to RR2- aff is recommending approval, anoth• rezone is about 12 acres of from C- Conservation to RNC -Rural Nei :' lrhood Commercial and denial and rezone of Lot 7, about 8.66 acres across-Pasagshak Road from R2 -Rural Residential Two and staff is also recommending.'t be denied. COMMISSI ER JANZ wanted clarified if the public is allowed to use the p •.erty at this point. Cas ': y stated the use of the property is up to the individual property owner, but in this c. e the proach is to not make the green space public but for the benefit of the homeowners. The P &Z Guidelines Page 6 of 15 Ms. Linda Freed, Manager City of Kodiak 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Freed: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us January 22, 2009 Re: Case 09 -013. Request an investigation, according to KIBC 17.205.030.B (Manner of Initiation) to consider the rezone of Lots 20, 21 and 22, U.S. Survey 3098, from B- Business 14 PL- Public Use Land. Case 09 -009. Request a conditional use permit, according to KIBC 17.200 and KIBC 17.130.030.B (Conditional Uses) to permit a 22- bed correctional facility as part of the new Kodiak Police Station. The Kodiak Island Borough Planning and Zoning Commission at their meeting on January 21, 2009 moved to forward the rezone request cited above, recommending approval, to the Borough Assembly. The commission also approved the conditional use permit request cited above and adopted Findings of Fact in support of their decision subject to two (2) conditions of approval. Please contact the Borough Clerk's Office at 486 -9310, no sooner than five (5) working days from the date of this letter for information on the first reading before the Kodiak Island Borough Assembly. Rezone Request - Submission to the 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 17.205.070, by the borough clerk. B. If the 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. The Commission adopted the following findings of fact in support of their recommendation to the Assembly: 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. Although the population of the City of Kodiak has been flat for the past several years, the existing police station and jail facility have long been in need of replacement. Part of this need is simply through the recognized obsolescence of the existing building itself and part of this need is through the growth of the police force and the increased demands being placed on the existing jail facility. The jail facility is recognized to be substandard by state authorities and as such is only permitted for a maximum of 10 day holding. So this change would allow the community to develop a new police station and jail in the PL- Public Use Land zoning district to provide a new facility that able to handle the unmet needs of the community and to meet current state and local standards for holding prisoners for up to 30 days maximum. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the tentative location of a new police station and jail on near island but it also recognized the prospect that the city might continue to consider other options in its site extensive and extended site selection process. Although it was not possible to recount in the plan all of the potential sites considered by the City of Kodiak, it seems clear through the diligent efforts of the city that this location best meets the future community need for a new police station and jail. Loss of the commercial zoned land in this location is not of major concern as the community appears to have a surplus of undeveloped and underdeveloped commercial zoned property. In addition, the plan generally encourages commercial use and development to be located in the downtown Kodiak area or in other recognized commercial nodes such as the Safeway /Lakeside subarea or Near Island. Conditional Use Permit The Commission also adopted findings of fact in support of their approval of the conditional use permit subject to the following conditions of approval. CONDITIONS OF APPROVAL 1. The conditional use permit (CUP) is based upon the detailed site plan, floor plans and other supporting information submitted by the applicant detailing a new police station and jail facility for this case. The focus of this CUP is the 22 -bed jail facility, such that any future expansion of the jail (correctional facility) use, in terms of beds or floor area shall require a new CUP review before the Planning & Zoning Commission. 2. The CUP will become effective upon approval of the recommended zoning change ordinance by the Kodiak Island Borough Assembly. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The proposed development site is located in the midst of a strip commercial area located along the south side of Mill Bay Road. Although there are other public facilities in the general area such as East Elementary School, Providence Kodiak Island Medical Center, and the adjoining city cemetery, the proposed police station and jail facility is oriented towards the Mill Bay Road frontage. Substantial fencing and other security measures are to be located at the rear of the facility where jail prisoners will be delivered and transferred into the jail portion of the overall facility. The police station and jail will operate in much the same manner as the existing police station with employee and visitor vehicles coming and going. Vehicle patrols and shift changes will also be accommodated from this site. The facility will provide for offices, locker room/work out space, dispatch center, emergency operations center (EOC) and the jail. Prisoners of the jail are not allowed to have vehicles parked on the site which will minimize the parking requirement associated with this use. The architectural design documents apply an office use parking calculation to the entire facility, i.e. one off - street parking space per 200 square feet of gross floor area for the first 2000 square feet and one off - street parking space per 300 square feet of gross floor area for additional floor area over 2000 square feet. The standard also allows for storage space at one off- street parking space per 1,000 square feet as shown on the floor plan. The parking plan shows 63 off - street parking spaces, enough to provide for the entire facility floor area as office space and related storage space, without any special parking determination for the use or occupancy of designated jail floor area. The site does not directly adjoin any residential use or zoning district with regard to screening or lighting requirements, however the zoning compliance permit process should ensure that any required security lighting does not create glare on the Mill Bay Road arterial. Contact with nearby school authorities for East Elementary and the Kodiak Christian School has not resulted in a negative response at the time of staff report preparation. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The building design and site plan materials submitted for review with this conditional use permit (CUP) meet or exceed all requirements of the PL- Public Use Land zoning district and the CUP standards. 3. That granting the conditional use — permit will not be harmful to the public health, safety, convenience and comfort. The proposed police station and jail will not be harmful to the public health, safety, convenience and comfort. Police stations and jails are generally intended to maintain public health and safety by providing for law enforcement and by taking law breakers into custody until their guilt or innocence can be determined. In addition the jail is also available for the serving of minor jail sentences as a community based deterrent to committing crimes against the community. The facility although not required to have such facilities by the State of Alaska will have a juvenile detention facility that is substantially separated from the jail facility which is reserved for adults only. 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 PL- Public Use Land Zone has substantial setbacks and minimum lot dimensions that that are met and exceeded on the proposed site plan. The site is largely bounded by commercial or other PL zoning districts. This will minimize the need for screening and lighting restrictions. While there is some R2- Two - family Residential land along the rear property boundary, this property has been restricted from typical R2 residential development. In addition, the R2 property is situated at a higher level than the CUP site. The proposed parking area layout and number of off - street parking spaces (63) is more than adequate to meet the needs of the proposed use(s) occupying the police station and community jail facility. 5. The proposed use or structure is located in a manner which will maximize public benefits. The City of Kodiak has undertaken an exhaustive site selection process that considered many other potential locations before selecting and acquiring the subject location. The facility is not considered a high traffic generator in the context of other commercial uses located up and down Mill Bay Road. In addition, Mill Bay Road is an arterial street with the capacity to handle the additional traffic, even though this site is located along one of the most traveled segments of the road. The site is located well within city boundaries that will provide for good access and response times to address 'community needs. KIBC 17.200.080 — Appeals The commission's action may be appealed to the assembly by any party. Right of appeal is forfeited unless the appeal is filed within 20 consecutive days of the commission's decision. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9360. Sincerely, Bud Cassidy, Direct CC: Nova Javier, Borough Clerk Current Location 21 0, 2160, 2170 Mill Bay Rod Agenda Item # VI B P & 2 Case # 09- 009`& # `09 -013 Planning &Zoning Comm. & City of Kodiak Request an investigation, according to KIBC 17.205.030.8 (Manner of Initiation) to consider the rezone of Lots 20, 21 and 22, U.S. ; Survey 3098, from B- Business to PL- Public Use and; and, a conditional use permit, according to KIBC 17.200 end KIBC 17.130.030.B (Conditional Uses) to permit a 22 -bed correctional facility as part of the new Kodiak Police Station. Legend -^^ Subject Parcels Notification Area 0 375 1 I 1 1 N 750 Feet Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. Current Zoning Case 09 -009 & 09-013 Owner: City of Kodiak gent: Linda Freed, An investigation, according to KIBC 17.205.030.0 (Manner 0 nitiation) to consider the rezone of Lota ts 20, "2 and 22, U.S. Su 3098, from B- Business to PL- Pubic Use Land; and, A conditional use permit, according to KIBC 17.200 and II 17.130.030.8 (Conditional Uses ) to permit a 22-bed correc facility as part of the new, Kodiak Police Station, . Feet 0 100 200 300 400 500 600 700 800 roads Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone w Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. MEMORANDUM DATE: December 17, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the January 21, 2009 Regular Meeting CASE: 09 -009 & 09 -013 APPLICANT : Planning & Zoning Commission (Rezone Case 09 -013) City of Kodiak (Conditional Use Permit Case 09 -009) AGENT: Linda Freed, City Manager REQUEST: LOCATION: 2150, 2160, & 2170 Mill Bay Road ZONING: B- Business 2. Lot Size: Lot 20 Lot 21 Lot 22 3. Existing Land Use: Case 09- 013/09- 009 /Staff Report Public Hearing Item VI -B An investigation, according to KIBC 17.205.030.B (Manner of Initiation) to consider the rezone of Lots 20, 21 and 22, U.S. Survey 3098, from B- Business to PL- Public Use Land; and, A conditional use permit, according to KIBC 17.200 and KIBC 17.130.030.B (Conditional Uses) to permit a 22 -bed correctional facility as part of the new Kodiak Police Station. Twenty -two (22) public hearing notices were mailed on December 15, 2008. Date of site visit: December 17, 2008 1. Zoning History: Zoned to B- Business by KIB Ordinance No. 80 -10 -0. 1.25 acres 1.25 acres 1.25 acres All parcels are currently vacant Page 1 of 13 P & Z: January 21, 2009 4. Surrounding Land Use and Zoning: Public Hearing Item VI -B North: Lots 8, 9A & 10, U.S. Survey 3098 Use: Retail Service and Airport Related Use, Outdoor Storage Zoning: B- Business South: Lot lA Hospital Subdivision; Lots 15 and 16, U.S. Survey 3511 Use: City Cemetery and Vacant Land Zoning: PL- Public Use Land / R2- Two - family Residential East: Lot 23, U.S. Survey 3098 Use: Shop /Garage Zoning: B- Business West: Lot 19, U.S. Survey 3098 Use: Commercial /Outdoor Storage Zoning: B- Business 5. Comprehensive Plan: 6. Applicable Regulations: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this general area for commercial 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: 17.10.020 REFERENCE AND USE. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 COMPREHENSIVE PLAN. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough; ... 17.205.030 MANNER OF INITIATION. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and 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 department, 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. Case 09- 013/09- 009 /Staff Report Page 2 of 13 P & Z: January 21, 2009 Public Hearing Item VI -B 17.205.055 Submission to assembly. A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. 17.130.030 CONDITIONAL USES. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Airports; B. Correctional facilities; C. Dormitories; D. Governmental maintenance and service facilities and storage yards; E. Natural resource extraction; F. Solid waste disposal sites; and G. Radio and television transmitters. 17.200.050 STANDARDS. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That 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; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.200.060 STIPULATIONS. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with the surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Case 09- 013/09- 009 /Staff Report Page 3 of 13 P & Z: January 21, 2009 17.200.070 ACTION BY PLANNING AND ZONING COMMISSION. The commission shall render a decision on the application for conditional use permits within 30 calendar days from the date of public hearing unless the applicant consents to a postponement. The community development department shall incorporate any conditions and requirements stipulated by the commission in the conditional use permit. An approved conditional use must be permitted within a two -year period to be valid. COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development POLICY B -1: MULTIPLE USE a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. ,., :1p1ti ... I ' a gigi j dI I s, l rad g voPIN rn rifAffiadiir legit 1 4t Public Hearing Item VI -B OAT POLICY B -3: DREDGE AND FILL ACTIVITIES a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. hin cc ast waters. OfflatilM11 C. Natural Hazards POLICY C -1: EROSION AND LANDSLIDES a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Case 09- 013/09- 009 /Staff Report Page 4 of 13 P & Z: January 21, 2009 Public Hearing Item VI -B b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. D. Coastal Habitats and Resources POLICY D -5: WIND GENERATION AND BIRD HABITAT a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. H. Recreation POLICY H -1: PROTECTION OF RECREATION RESOURCES AND USES a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Case 09- 013/09- 009 /Staff Report Page 5 of 13 P & Z: January 21, 2009 I. Archaeological and Historic Resources POLICY 1 -1: CONSULTATION AND SURVEYS a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. tWO Da it' Public Hearing Item VI -B POLICY 1 -2: RESOURCE PROTECTION a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. iirtib b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. K. Mineral Extraction and Processing POLICY K -1: SITING OF MATERIAL SOURCES a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. b. This policy applies to the sand and gravel standard (11 AAC 112.260). 4.5 Designated Areas 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A Case 09- 013 /09- 009 /Staff Report ftif Page 6 of 13 P & Z: January 21, 2009 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A Rezone COMMENTS Public Hearing Item VI -B The Planning & Zoning Commission initiated this rezone investigation at the November 19, 2008 regular meeting as provided for in KIBC 17.205.030.B. The petitioner, City of Kodiak, concurrently initiated a Conditional Use Permit request for a new correctional facility (22 bed jail) in the PL- Public Use Land zoning district as part of the planned police station project. In the interest of efficiency and in order to simplify the review of both requests staff has merged both cases into one staff report. A brief, but separate, discussion is provided for each case as well as individual recommendations and appropriate motions. Although this rezone request was initiated by the Commission, staff recognizes that the request was borne out of the prior similar use determination request (Case 09 -006) by the City of Kodiak. For this rezone the city manager is recognized as the agent for this rezone review in addition, the Conditional Use Permit (CUP) was requested concurrently. City Manager Linda Freed met with department staff on December 24, 2008 to go over detailed site plans and floor plans for the proposed police station and jail facility and to provide additional background information which is included with this staff report. The PL zoning district is intended as a catch -all zone for public facilities and governmental uses. The historical application of the zone, based on the intent language contained in the chapter, is largely based upon ownership of the land by a governmental entity, at the federal, state or local government level. This has presented some problems in the past as not all government offices or facilities are located on government owned property or in government owned buildings. The Alaska State Trooper — DMV building is one such example of a private sector building in the B- Business zone under a long term lease to a government agency. In addition, there a few exceptions such as the ADF &G building downtown, which is located in a B- Business zone even though the building is owned by the State of Alaska. The PL- Public Use Land (PL) zoning district is the designated zoning for government uses that historically did not have many private sector analogies, such as sewage treatment plants, landfills, cemeteries, fire stations and other typically governmental uses and facilities. In order to provide for such a wide range of uses in a single zone, the provisions of the PL district place a Case 09- 013/09- 009 /Staff Report Page 7 of 13 P & Z: January 21, 2009 Conditional Use Permit Public Hearing Item VI -B greater number of requirements on developers, such as a mandatory Commission site plan review for permitted uses, and substantial yard setbacks that are not typically required in B- Business zoning district development. The result is a zoning district which holds public development to a higher standard of review than comparable private sector developments and which provides more oversight by the Commission in terms of mandatory site plan reviews, CUP's and such. This may allow for more community influence over public facility developments. In many cases these same public facilities must be located in close proximity to the residential and commercial areas that they serve. In terms of more substantial developments, such as correctional facilities, governmental maintenance facilities and storage yards, solid waste disposal sites, a conditional use permit is required. The principal reason for relocating the City of Kodiak police station and jail stems from the fact the existing facility near downtown Kodiak has reached the point of obsolescence. The Kodiak Police Department (KPD) has outgrown both the existing facility and the site that it is located on. The jail facility, in addition to meeting the needs of the City of Kodiak, is contracted for through the State of Alaska so that it provides a secure holding facility for prisoners of the Alaska State Troopers and other law enforcement agencies that may operate in the community from time -to -time. The city has gone through an extensive site selection process before acquiring the lots that comprise the rezone area. Most notably the city had preferred a site on Near Island which it already owns but that site proved to be an unpopular choice with the public. Hence additional site selection efforts were undertaken resulting in the acquisition of Lots 20, 21 and 22, U.S. Survey 3098 as addressed in this rezone and CUP review. The City of Kodiak proposes to build a new police station and related facilities on Lots 20, 21 and 22, U.S. Survey 3098. An abbreviated plat (Case S09 -007) has been granted final approval to provide for the consolidation of the three lots into one larger lot prior to development. Two characteristics distinguish this request from other similar development such as the AST /DMV building; 1) this will be a public facility owned by the City of Kodiak and; 2) the facility will contain a 22 -bed jail that will be contracted to the State of Alaska and operated by the KPD. The focus of this CUP review is on the 22 -bed community jail use as a "correctional facility" in the parlance of KIBC 17.130.030.B. According to the petitioner, "community jails" are owned by local communities throughout the state and paid for by the State of Alaska on a daily rate basis. Apparently the City of Kodiak only has two laws that allow for arrest of individuals. In the vast majority of situations arrests are made on the basis of violating state laws whether that arrest is prosecuted by KPD or by the Alaska State Troopers. The new facility will meet the standards for a 30 -day hold. The existing facility is certified for only a 10 -day hold. Community jails are typically co- located with the local police stations in order to provide for efficiency and economy of operation. Community jails are typically much smaller in terms of beds than a typical prison or large scale correctional facility. When completed the City of Kodiak community jail will be one of the largest in the state, however the background materials submitted show that it will still be far smaller than any of the prisons currently operated by, or on behalf of the State of Alaska. Case 09- 013 /09- 009 /Staff Report Page 8 of 13 P & Z: January 21, 2009 Public Hearing Item VI -B Community need for jail space, a borough -wide concern, has exceeded the capabilities of the existing jail facility on a regular basis. When this occurs, the city must "close" the jail to new prisoners, thereby increasing the cost of sending prisoners outside the community, or, as happens in some cases higher priority offenders will be admitted to the facility to occupy space regained by the premature release of lower level offenders. This can create a complicated and undesirable situation for all agencies relying on this secure holding facility. The new community jail is sized appropriately for the community population to ensure that this prisoner bumping procedure is not a common occurrence in the future. The corrections staff is a separate division of personnel in the Kodiak Police Department. As described on the floor plan, the community jail represents about 38% of the overall building floor. The balance of facility floor area will be used for typical police functions that will include offices, locker room, training space, work -out space, dispatch center and an emergency operations center. Although it was not determined at the time of application, the city has requested the landscaping as an additive alternative to the bidding process. If the selected bid price allows, this would include the landscaping as shown on Sheet L101A of the development plan as part of the building construction project. If the accepted bid price cannot reasonably accommodate this alternative, then the City of Kodiak will need to provide for the landscaping after the facility is completed on a timeframe that will be constrained by available funding and resources. The city is attempting to qualify for a LEED designation with the design and construction of this police station and jail facility. The Leadership in Energy and Environmental Design (LEED) Green Building Rating System, developed by the U.S. Green Building Council (USGBC), provides a suite of standards for environmentally sustainable construction. The city has also included some information relating to the LEED qualities that this facility has been designed with. An example of one such quality is to limit the amount of impervious surfaces to no more than what is necessary to reasonably serve the facility. The city believes that the sixty -three (63) off - street parking spaces shown on the site plan, in addition to the projected roof area of the total structure meets this LEED criteria. The facility as proposed will meet Level 2 criteria out of the four (4) level LEED program standards. According to the petitioner, jail prisoners are not allowed to have vehicles parked on the site while they are incarcerated. This should minimize the parking requirement associated with this use. The architectural design documents apply an office use parking calculation to the entire facility, i.e. one off - street parking space per 200 square feet of gross floor area for the first 2000 square feet and one off - street parking space per 300 square feet of gross floor area for additional floor area over 2000 square feet. The standard also allows for storage space at one off - street parking space per 1,000 square feet as shown on the floor plan. The parking plan shows 63 off - street parking spaces, and staff has determined that the office parking standard is sufficient to be applied to the entire facility. Calculating the entire floor area of the proposed facility as office space and related storage space, without any special parking determination for the use or occupancy of designated jail floor area, provides a sufficient number of parking and loading spaces to satisfy the borough parking code. Case 09- 013/09- 009 /Staff Report Page 9 of 13 P & Z: January 21, 2009 CONFORMANCE WITH THE COMPREHENSIVE PLAN: Public Hearing Item VI -B The Kodiak Island Borough Regional Comprehensive Plan Update, January 2008, generally acknowledges that there is a surplus of commercial land available in the community (with the city and borough) and that commercial land outside of the downtown area will over time tend to create a less efficient auto - dependent commercial pattern in the community. Moving the city police station and community jail farther from the downtown core area will not have a detrimental impact on the commercial uses there. Any reduction of commercial zoned property by the conversion of this site to PL- Public Use Land zoning will no doubt be offset by the release of commercial city lands on Near Island. Although the plan map for Kodiak generally conforms to the existing development pattern, i.e. strip commercial along both sides of Mill Bay Road, the plan generally encourages commercial development in the downtown core area and in identified development "nodes ". While the location of the proposed police station and jail does not further this goal, it does not work against it either. The fact that these lots have been improved from their earlier marginal state and were still vacant after so many years of being available suggests that the existing supply of commercial land is adequate considering that this site is located along one of the most heavily traveled segments of the city road system. The plan also recognizes the need for several new city facilities to be developed including this police station and community jail. The petitioner indicates that the City of Kodiak diligently considered a multitude of potential sites before committing to this site along the south side of Mill Bay Road. The plan recommendation for this rezone area is for commercial development in keeping with prior plans and existing development patterns. As discussed previously, however, the PL- Public Use Land zoning district is a zone that tends to be allowed in whatever zoning or use context that best suits the community's needs and interests. The yard setbacks and site plan review requirements of the PL zone will ensure that the proposed development will be carried out in the community's best interests. The plan recognizes that Mill Bay Road is an arterial class street. Although the segment fronting the rezone /CUP site has the highest traffic counts along Mill Bay Road, the additional traffic generated by this public facility will not be any greater than if the site had been developed for commercial purposes. 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 a conditional use permit to allow a 22 -bed jail (correctional facility) subject to the rezone becoming effective for the site. Case 09- 013/09- 009 /Staff Report Page 10 of 13 P & Z: January 21, 2009 FINDINGS OF FACT APPROPRIATE MOTION REZONE Public Hearing Item VI -B 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 Lots 20, 21 and 22, U.S. Survey 3098, 3.75 acres, from B- Business IL) PL- Public Use Land, and to adopt the "Findings of Fact" in the staff report dated December 17, 2008 in 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. Although the population of the City of Kodiak has been flat for the past several years, the existing police station and jail facility have long been in need of replacement. Part of this need is simply through the recognized obsolescence of the existing building itself and part of this need is through the growth of the police force and the increased demands being placed on the existing jail facility. The jail facility is recognized to be substandard by state authorities and as such is only permitted for a maximum of 10 day holding. So this change would allow the community to develop a new police station and jail in the PL- Public Use Land zoning district to provide a new facility that able to handle the unmet needs of the community and to meet current state and local standards for holding prisoners for up to 30 days maximum. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the tentative location of a new police station and jail on near island but it also recognized the prospect that the city might continue to consider other options in its site extensive and extended site selection process. Although it was not possible to recount in the plan all of the potential sites considered by the City of Kodiak, it seems clear through the diligent efforts of the city that this location best meets the future community need for a new police station and jail. Loss of the commercial zoned land in this location is not of major concern as the community appears to have a surplus of undeveloped and underdeveloped commercial zoned property. In addition, the plan generally encourages commercial use and development to be located in the downtown Kodiak area or in other recognized commercial nodes such as the Safeway/Lakeside subarea or Near Island. APPROPRIATE MOTION - CONDITIONAL USE PERMIT Should the Commission agree with the staff recommendation, the appropriate motions are: Move to grant a conditional use permit (CUP), according to KIBC 17.200 and KIBC 17.130.030.B (Conditional Uses) to permit a 22 -bed correctional facility as part of the Case 09- 013 /09- 009 /Staff Report Page 11 of 13 P & Z: January 21, 2009 Condition of Approval FINDINGS OF FACT Case 09- 013/09- 009 /Staff Report Public Hearing Item VI -B new Kodiak Police Station on Lots 20, 21 and 22, U.S. Survey 3098, subject to two (2) conditions of approval, and to adopt the findings contained in the staff report dated January 8, 2009, as FINDINGS OF FACT for this case. 1. The conditional use permit (CUP) is based upon the detailed site plan, floor plans and other supporting information submitted by the applicant detailing a new police station and jail facility for this case. The focus of this CUP is the 22 -bed jail facility, such that any future expansion of the jail (correctional facility) use, in terms of beds or floor area shall require a new CUP review before the Planning & Zoning Commission. 2. The CUP will become effective upon approval of the recommended zoning change ordinance by the Kodiak Island Borough Assembly. 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The proposed development site is located in the midst of a strip commercial area located along the south side of Mill Bay Road. Although there are other public facilities in the general area such as East Elementary School, Providence Kodiak Island Medical Center, and the adjoining city cemetery, the proposed police station and jail facility is oriented towards the Mill Bay Road frontage. Substantial fencing and other security measures are to be located at the rear of the facility where jail prisoners will be delivered and transferred into the jail portion of the overall facility. The police station and jail will operate in much the same manner as the existing police station with employee and visitor vehicles coming and going. Vehicle patrols and shift changes will also be accommodated from this site. The facility will provide for offices, locker room /work out space, dispatch center, emergency operations center (EOC) and the jail. Prisoners of the jail are not allowed to have vehicles parked on the site which will minimize the parking requirement associated with this use. The architectural design documents apply an office use parking calculation to the entire facility, i.e. one off - street parking space per 200 square feet of gross floor area for the first 2000 square feet and one off - street parking space per 300 square feet of gross floor area for additional floor area over 2000 square feet. The standard also allows for storage space at one off - street parking space per 1,000 square feet as shown on the floor plan. The parking plan shows 63 off - street parking spaces, enough to provide for the entire facility floor area as office space and related storage space, without any special parking determination for the use or occupancy of designated jail floor area. Page 12 of 13 P & Z: January 21, 2009 Public Hearing Item VI -B The site does not directly adjoin any residential use or zoning district with regard to screening or lighting requirements, however the zoning compliance permit process should ensure that any required security lighting does not create glare on the Mill Bay Road arterial. Contact with nearby school authorities for East Elementary and the Kodiak Christian School has not resulted in a negative responses at the time of staff report preparation. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The building design and site plan materials submitted for review with this conditional use permit (CUP) meet or exceed all requirements of the PL- Public Use Land zoning district and the CUP standards. 3. That granting the conditional use - permit will not be harmful to the public health, safety, convenience and comfort The proposed police station and jail will not be harmful to the public health, safety, convenience and comfort. Police stations and jails are generally intended to maintain public health and safety by providing for law enforcement and by taking law breakers into custody until their guilt or innocence can be determined. In addition the jail is also available for the serving of minor jail sentences as a community based deterrent to committing crimes against the community. The facility although not required to have such facilities by the State of Alaska will have a juvenile detention facility that is substantially separated from the jail facility which is reserved for adults only. 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 PL- Public Use Land Zone has substantial setbacks and minimum lot dimensions that that are met and exceeded on the proposed site plan. The site is largely bounded by commercial or other PL zoning districts. This will minimize the need for screening and lighting restrictions. While there is some R2- Two - family Residential land along the rear property boundary, this property has been restricted from typical R2 residential development. In addition, the R2 property is situated at a higher level than the CUP site. The proposed parking area layout and number of off - street parking spaces (63) is more than adequate to meet the needs of the proposed use(s) occupying the police station and community jail facility. 5. The proposed use or structure is located in a manner which will maximize public benefits. The City of Kodiak has undertaken an exhaustive site selection process that considered many other potential locations before selecting and acquiring the subject location. The facility is not considered a high traffic generator in the context of other commercial uses located up and down Mill Bay Road. In addition, Mill Bay Road is an arterial Case 09- 013 /09- 009 /Staff Report Page 13 of 13 P & Z: January 21, 2009 Case 09- 013/09- 009 /Staff Report Public Hearing Item VI -B street with the capacity to handle the additional traffic, even though this site is located along one of the most traveled segments of the road. The site is located well within city boundaries that will provide for good access and response times to address 'community needs. Page 14 of 13 P & Z: January 21, 2009 Submit by Email 1 KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kodiakak.us Print Form Applicant Information Property owner's name Property owner's mailing address City State Zip Home phone Work Phone Agent's name (If applicable) Agent's mailing address k City State (_ Q - X40 Home phone E -mail Addr. Zip Work Phone E -mail Addr. Y.5=16 a ate. 0 Applicant Certification 1 hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which Includes a detailed site plan for variance and conditional use requests and which may includ optional supporting documentation as indicated below. Additional Narrative/History ❑ As -built Survey Code Section(s) Involved: Application received by: Staff signature STAFF USE ONLY Variance (KIBC 17.195) $250.00 Conditional Use Permit (KIBC 17.200) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change from to (KIBC 17.205) Property ID Number /s Property Information ,z- 1 2-2_ US5 Legal Description Current Zoning: R: Applicable Comprehensive Plan: c_____ Year of Plan adoption: 2..Oc m I Present Use of Property: Proposed Use of Property: i. ,L C e T">tt o,J (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) ❑ Photographs ❑ Maps Other Property Owner's Signature Autho'X gems Signature A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) Date PAYMENT VERIFICATION *Zoning Change, Fee Schedule: ❑ Less than 1.75 acres ❑ 1.76 to 5.00 acres ❑ 5.01 to 40.00 acres ❑ 40.01 acres or more $350.00 $750.00 $1,000.00 $1,500.00 wausaga 31BV1 311 ill:11 : wa r �� E ! 1 :iiiiiiiiiiiiiiiiif I ! =WW1 u"' 11•1011 00,11•6 1NVD WOW OrYla• VIVO 7■IN .1%111 Yana .0 MOP . 1)111116 P3 I 'MO 04 wrmar 1 11 i //111 iiiiii.iiii ISMS, TM/ WOW nr OWN 1011M Ma* 0 1 ._ 1/ TOI Olt snow V iwM aY wwa 111111 iitiiiitiiiiiiiiiiiii >ws iiiiiiii01 WOOS iiiiiiiiiiiiitiiiiiiiiiiii www wu� iiiiiiiiiiii 1 wow iiiiiiiiiiiii iilillilliiiiRig lilill;lillllllllliillliliiti IlllllilliliiilliG6illElllg 0 3 a tl tl 1 d i 1 tl tl f Z tl S 1 tl ■ a ye c a g at f€ r t � v t hi .11; !.; i I 11 4 I 1 1 ii1 1 1 1t ' R r •, " i ;1 ; h ; ij p tg11 , !! t F . I iq ..iii !t �d I s Q 9 r�r�� 1 i t9 Y�� !'�', E �ll � 19 i ; a i �� 16 E t g f �; "�� g� � � �� . �11 11 j S l li k i �: i Vii 1l 9i 1 a. i ii@ iir 1 I ii li :i f II ! I i l II1ip I lT ; reilisi1114 ill@ }it 1 911 1 ,i 1'��i '.: • 111111 B I I z c U 5 R • t� r ii tt � c — oot. n.I.s CITY OF KODIAK KODIAK POLICE STATION RWt Mom. Ms. In).K W -1111 ow ann P Vi e; I 0 1 Loam ram Go IVUS sign '0; 'i o/m L1OIA l F CD r E j N I 1 1 1 1 1 1 Project Name: Kodiak Police Station Project Address: Mill Bay Road, Kodiak Alaska Yes T No 14_I11 Prereq 1 Credit 1 Credit 2 Credit 3 Credit 4.1 Credit 4.2 Credit 4.3 Credit 4.4 Credit 5.1 Credit 5.2 Credit 6.1 Credit 6.2 Credit 7.1 Credit 7.2 Credit 8 Credit 1.1 Credit 1.2 Credit 2 Credit 3.1 Credit 3.2 LEED for New Construction v2.2 Registered Project Checklist pa Sustainable Site Yes ? No ■E Wa er Efficiency 5 Points 4 Construction Activity Pollution Prevention Site Selection Development Density & Community Connectivity Brownfield Redevelopment Alternative Transportation, Public Transportation Access Alternative Transportation, Bicycle Storage & Changing Rooms Alternative Transportation, Low - Emitting & Fuel- Efficient Vehicles Alternative Transportation, Parking Capacity Site Development, Protect or Restore Habitat Site Development, Maximize Open Space Stormwater Design, Quantity Control Stormwater Design, Quality Control Heat Island Effect, Non -Roof Heat Island Effect, Roof Light Pollution Reduction Water Efficient Landscaping, Reduce by 50% Water Efficient Landscaping, No Potable Use or No Irrigation Innovative Wastewater Technologies Water Use Reduction, 20% Reduction Water Use Reduction, 30% Reduction Required 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ©© Energy & Atmosphere 17 Points Prereq 1 Fundamental Commissioning of the Building Energy Systems Required Prereq 2 Minimum Energy Performance Required Prereq 3 Fundamental Refrigerant Management Required 'Note for EAct: All LEED for New Construction projects registered after June 26' ", 2007 are required to achieve at least two (2) points under EAc1 Credit 1 Optimize Energy Performance 1 to 10 10.5% New Buildings or 3.5% Existing Building Renovations 1 _ 14% New Buildings or 7% Existing Building Renovations 2 17.5% New Buildings or 10.5% Existing Building Renovations 3 4 21% New Buildings or 14% Existing Building Renovations 4 _ 24.5% New Buildings or 17.5% Existing Building Renovations 5 28% New Buildings or 21 % Existing Building Renovations 6 _ 31.5% New Buildings or 24.5% Existing Building Renovations 7 _ 35% New Buildings or 28% Existing Building Renovations 8 _ 38.5% New Buildings or 31.5% Existing Building Renovations 9 42% New Buildings or 35% Existing Building Renovations 10 Credit 2 On Site Renewable Energy 1 to 3 2.5% Renewable Energy 1 7.5% Renewable Energy 2 12.5% Renewable Energy 3 Credit 3 Enhanced Commissioning 1 Credit 4 Enhanced Refrigerant Management 1 Credit 5 Measurement & Verification 1 Credit6 Green Power 1 Yes ? No terlals & Resources Points Indoor':•:anY.1"anPieflt s Quail Points 12 2 Yes 7 No ®® 0-® ® ®® 1311111M1 0 ®M1 11311111111 O®® MUM M®® U MINIM 111111111111111 Yes 7 No 2 1 1 Yes 7 No Prereq 1 Credit 1.1 Credit 1.2 Credit 1.3 Credit 2.1 Credit 2.2 Credit 3.1 Credit 3.2 Credit 4.1 Credit 4.2 Credit 5.1 Credit 5.2 Credit 6 Credit 7 Prereq 1 Prereq 2 Credit 1 Credit 2 Credit 3.1 Credit 3.2 Credit 4.1 Credit 4.2 Credit 4.3 Credit 4.4 Credit 5 Credit 6.1 Credit 6.2 Credit 7.1 Credit 7.2 Credit 8.1 Credit 8.2 Storage & Collection of Recyclables Building Reuse, Maintain 75% of Existing Walls, Floors & Roof Building Reuse, Maintain 100% of Existing Walls, Floors & Roof Building Reuse, Maintain 50% of Interior Non - Structural Elements Construction Waste Management, Divert 50% from Disposal Construction Waste Management, Divert 75% from Disposal Materials Reuse, 5% Materials Reuse,10% Recycled Content, 10% (post- consumer + 1 /2 pre- consumer) Recycled Content, 20% (post- consumer + % pre- consumer) Regional Materials, 10% Extracted, Processed & Manufactured Regio Regional Materials, 20% Extracted, Processed & Manufactured Regio Rapidly Renewable Materials Certified Wood Minimum IAQ Performance Environmental Tobacco Smoke (ETS) Control Outdoor Air Delivery Monitoring Increased Ventilation Construction IAQ Management Plan, During Construction Construction IAQ Management Plan, Before Occupancy Low - Emitting Materials, Adhesives & Sealants Low- Emitting Materials, Paints & Coatings Low - Emitting Materials, Carpet Systems Low - Emitting Materials, Composite Wood & Agrifiber Products Indoor Chemical & Pollutant Source Control Controllability of Systems, Lighting Controllability of Systems, Thermal Comfort Thermal Comfort, Design Thermal Comfort, Verification Daylight & Views, Daylight 75% of Spaces Daylight & Views, Views for 90% of Spaces Required 1 1 1 1 1 1 1 1 1 1 1 1 1 Required Required 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 n1novattott & De itgn.;Proce s P Credit 1.1 Credit 1.2 Credit 1.3 Credit 1.4 Credit 2 Innovation in Design: Comprehensive IEQ Management System Innovation in Design: Provide Specific Title Innovation in Design: Provide Specific Title Innovation in Design: Provide Specific Title LEED ® Accredited Professional MEM Project Totals (pre - certification estimates) 69 Points Certified: 26 -32 points, Silver: 33 -38 points, Gold: 39 -51 points, Platinum: 52 -69 points Fixture Energy Policy Act of 1992 Flow Requirements Reduced Flow Rates for this project Water Closets Maximum of 1.6 gallons per flush Maximum of 1.28 gallons per flush Urinals Maximum of 1.0 gallons per minute Maximum of 0.125 gallons per minute Lavatories Maximum of 2.5 gallons per minute Maximum of 0.5 gallons per minute Showers Maximum of 2.5 gallons per minute Maximum of 1.5 gallons per minute Penal Showers Maximum of 2.5 gallons per minute Maximum of 2.0 gallons per minute Kitchen Sinks Maximum of 2.5 gallons per minute Maximum of 1.5 gallons per minute The city of Kodiak has directed USKH to design a facility that will achieve long- term sustainability and energy conservation. The guide for this effort will be the U.S. Green Building Council's LEED (Leadership in Energy & Environmental Design) Rating System. USKH seeks to design a building that will attain a LEED Certified level of performance. Specifically, we will achieve a minimum of 26 LEED points for the Kodiak Police Station. After the completion of construction, USKH and the contractor will jointly submit the necessary documentation to the USGBC for certification. The following statements provide an overview of the strategies used to meet the project goals. Sustainable Sites The design team has elected to pursue 4 points under the Sustainable Sites category. The project site has been determined to be desirable according to the requirements of the LEED rating system; this will qualify the project for one point. Bicycle storage will be incorporated into the site design for employee use. Parking shall be sized to meet the minimum requirements and incorporate additional signage for carpool preferred parking. Water Efficiency The design team has elected to pursue 4 points under the Water Efficiency category. Minimal landscaping will be incorporated into this project, and thus will not require any permanent irrigation systems. All plumbing fixtures within the facility will be low -flow type fixtures. The following table represents the applicable reduced flow -rates for the each fixture. Water closets and lavatories shall be operated by a motion sensor and hardwired into the building electrical system. Energy & Atmosphere The design team has elected to pursue 6 points under the Energy & Atmosphere category. 4 of the 6 points will be achieve under Credit 1 Optimize Energy Efficiency. The 4 points represent a 21 % energy savings beyond the minimum of ASHRAE Standard 90.1. The team will achieve this by providing a more thermally insulated building envelope (increased insulation, minimal glazing square footages, Nanogel translucent panels in lieu of typical glazing), heat recovery ventilation, modular boilers, using demand controlled ventilation to reduce energy waste and low energy lighting where possible. Cooling refrigerants shall not contain Hydro Chlorofluorocarbons. Materials & Resources The design team has elected to pursue 1 point under the Materials & Resources category. The nature and location of this particular project prohibits the most of these credits from being achieved. The credit that USKH has deemed most achievable is Credit 4.1 Recycled Content. Building products containing recycled materials will be selected where applicable. Indoor Environmental Quality The design team has elected to pursue 11 points under the Indoor Environmental Quality category. Indoor Environmental Quality provides many opportunities for success. Outdoor air will be monitored and controlled by the use of a demand controlled ventilation system. Outside air dampers will modulate based on the readings from CO2 and VOC (volatile organic compound) sensors. The benefits of this system are vast. There is an opportunity for significant energy savings and better control over indoor air quality. Adhesives, sealants, paints, coatings, carpet systems, and composite wood products shall be Low -VOC type. Indoor chemicals and pollutants will be exhausted from the building to minimize contamination within the building. Lighting and thermal comfort controls will be incorporated into the mechanical and electrical design. Daylight will be provided via clerestory windows. Collectively these items will improve the overall quality of this built environment. Innovation & Design The design team will be eligible for 3 Innovation and Design points. The plumbing design boasts a water use reduction of 40.9% beyond the minimum. This demonstrates exemplary performance and will qualify the project for 1 point. The demand controlled ventilation design will qualify the project for an additional point for the use of an emerging technology. This new technology represents specific control over indoor air quality and significant energy savings, providing the end users a very high value. Community Jails Facility Co- Located Hold Time # Beds Barrow /North Slope Yes 30 -Days 18 Bristol Bay /King Salmon Yes 15 -Days 6 Cordova Yes 72 -Hrs 6 Craig Yes 60 -Days 7 Dillingham Yes 14 -Days 12 Haines Yes 14 -Days 6 Homer Yes 10 -Days 7 Kodiak Yes 10 -Days 16 Kotzebue Yes 30 -Days 14 Petersburg Yes 10 -Days 12 Seward Yes 30 -Days 14 Sitka Yes 10 -Days 15 Unalaska /Duth Harbor Yes 30 -Days 12 Valdez Yes 30 -Days 11 Wrangel Yes 30 -Days 12 All Community Jails will hold a prisoner beyond the their max hold time if ordered by the court. DOC Facility Co- Located Hold Time # Beds Anchorage Jail - CC East No A/B 400 Anchorage Jail - CC West No B 518 Bethel Y -K CC No A/B 126 Eagle River Hiland Mtn. No A/B 395 Fairbanks CC No A/B 309 Juneau - Lemon Creek CC No A/B 222 Kenai Wildwood CC No A/B 368 Ketchikan CC No A/B 53 Nome Anvil Mtn. CC No A/B 102 Palmer CC No A 445 Mat -Su Pre Trial Yes A/B 98 Point Mackenzie No A 128 Seward Spring Creek CC No A 416 Arizona No A 877 Note A - Prionser in post conviction status. Held until completion of sentence. Note B - Prionser in pre -trail status, not convicted. There is no max hold time for state institutions. Dec 30 2009 5:24PM DANIEL ROHRER OFFICE 907485221 p,1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOT ICE egg Item VI -B f A public hearing will be held on Wednesday, January 21, 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; 09-009 and 09 -013 APPLICANT: Planning & Zoning Commission (Rezone Case 09 -013) City of Kodiak (Conditional Use Permit Case 09 -009) AGENT: Linda Freed, City Manager REQUEST: An investigation, according to KIBC 17.205.030.8 (Manner of Initiation) to ` - Considerthe rezone 20; -' . and 227 3atvt y30 21C°' to PL- Public Use Land; and, J - A conditional use permit, according to KIBC 17.200 and KIBC 17.130.030.B (Conditional Uses) to permit a 22 -bed correctional facility as part of the new Kodiak Police Station. LOCATION: 2150, 2160, & 2170 Mill Bay Rd. ZONING: B- Business 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 poor to the meeting. If you would like to fax your comments to us, ow fax number is: (907) 486.9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing secdon of the meeting. The local call -in telephone number h 486 -3231. The toll free telephone number is 1400- 478.5736. One week prior to the regular meeting, on Wednesday, January 14, 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: y� j� ) atlle I A. I ff�� U I A r{,(•' P Mailing Address: � � � 1 p 7 / O)b 3.5Y — Your property description: b n 124 13 K4 dL Ch I' 7�tit .�� Lea 8 • Comments: i- (qv,- nnusk rc.ceA.'l- incite el Mtdv1 �/ IV 014C ur,Le/ d` C rt�r n-e. OO icLk. 1r.P ufl t4 -4r a /4 fl�B+a! kle_ e reeve A ri-. Wt // ana ayrte - D1Q11lo 'fir's fa tee o-C /Mci 11 w 'u lr 1/ / ■o al (DP � L OliCC S - It , oll 14 '11 1e a ,�,�o ncj l.nr amet Mhl i cu.-& (I ( J 4,, off peo,cimiW prevae el 617Ice 4rnuYe' rar t..4 are . e % :i ti ma 4, 6- 13) 44.4► TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING ITEM NO: 13.C.2 Ordinance No. FY2009 - Amending Kodiak Island Borough Code Of Ordinances By Renaming Title 12 Streets And Sidewalks To Title 12 Naming Buildings, Public Facilities, Streets And Sidewalks And Creating Chapter 12.15 Buildings, Other Fixed Facilities And Public Places SUMMARY: This ordinance was drafted in response to Assembly request to research policies and procedures of other municipalities regarding naming buildings, public facilities, etc. The Borough currently does not have established code to handle such requests. The attached draft was drafted mirroring other municipalities' codes (Anchorage, Fairbanks, Juneau, and Mat -Su.) This ordinance was also reviewed by the Attorney for compliance and found that the borough has the power to establish such policies and procedures under AS 29.35.010 (8) and AS 29.35.410. AS 29.35.010 (8) All municipalities have the following general powers, subject to other provisions of law: (8) to acquire, manage, control, use, and dispose of real and personal property, whether the property is situated inside or outside the municipal boundaries; this power includes the power of a borough to expend, for any purpose authorized by law, money received from the disposal of land in a service area established under AS29.35.450. AS 29.35.410 Unless otherwise limited by law, a municipality has and may exercise all powers and functions necessarily or fairly implied in or incident to the purpose of all powers and functions conferred in this title. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -16 in first reading to advance to public hearing at the next regular meeting of the Assembly. 1 Drafted by: Borough Clerk 2 Introduced: 02/19/2009 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2009 -15 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 KODIAK ISLAND BOROUGH CODE OF ORDINANCES BY RENAMING 10 TITLE 12 STREETS AND SIDEWALKS TO TITLE 12 NAMING BUILDINGS, PUBLIC 11 FACILITIES, STREETS AND SIDEWALKS AND CREATING 12 CHAPTER 12.15 BUILDINGS, OTHER FIXED FACILITIES AND PUBLIC PLACES 13 14 WHEREAS, the borough has received requests to name buildings after specific individuals of 15 the community; and 16 17 WHEREAS, the borough does not have a previously established code section to handle the 18 policies and procedures for naming buildings, other fixed facilities, and public places; and 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 21 BOROUGH THAT: 22 23 Section 1: This ordinance is of a general and permanent nature and shall become a part of 24 the Kodiak Island Borough Code of Ordinances; 25 26 Section 2: Kodiak Island Borough Code of Ordinances is hereby amended by renaming Title 27 12 in order to combine the existing chapter and include a new chapter dealing with public 28 facilities as follows: 29 30 31 32 33 Chapters: 34 12.10 Streets and Sidewalks 35 12.15 Buildings, Other Fixed Facilities, and Public Places 36 37 Section 3: A new chapter, to be numbered KIBC 12.15, entitled "Buildings, other fixed 38 facilities, and public places," is added to Title 12, Naming Buildings, Public Facilities, Streets and 39 Sidewalks, of the Kodiak Island Borough Code of Ordinances, to read as follows: 40 41 42 43 BUILDINGS, OTHER 44 FIXED FACILITIES AND PUBLIC PLACES 45 46 Sections: 47 12.15.010 Purpose and intent. 48 12.15.020 Policy. 49 12.15.030 Procedures. 50 12.15.040 Changing of names. 51 12.15.050 Naming a facility for other than an individual. 52 12.15.060 Application. 53 Title 12 NAMING BUILDINGS, PUBLIC FACILITIES, STREETS AND SIDEWALKS Chapter 12.15 Introduced by: Assembly Requested by: Assembly Kodiak Island Borough, Alaska Ordinance No. FY2009 -15 Page 1 of 3 54 55 12.15.010 Purpose and intent. 56 The borough hereby establishes a policy and set of procedures to govern the naming of 57 borough buildings, other fixed facilities and public places. A sound naming policy adds meaning, 58 significance and uniformity to public facilities, minimizes conflict and provides a forum for 59 meaningful discussion regarding naming. Further, a borough naming policy establishes a means 60 of appropriately recognizing prominent individuals and those who have substantially contributed 61 to the Kodiak Island Borough, the state, or the nation. 62 63 12.15.020 Policy. 64 It is the policy of the Kodiak Island Borough to name borough owned buildings, other fixed 65 facilities and public places in honor of prominent Alaskans who, by virtue of special efforts, 66 accomplishments or contributions which have benefitted the Kodiak Island Borough of the State 67 of Alaska, have achieved public status worthy of long -term recognition. Non - Alaskans who have 68 substantially contributed to the Kodiak Island Borough, the State of Alaska or the nation as a 69 whole may also be considered. 70 71 12.10.030 Procedures. 72 A. Preliminary action in naming a building, other fixed facility, or a public place may be 73 initiated by the mayor or by the assembly. Upon approval of a request by assembly motion, a 74 five - member citizen panel will be appointed by the mayor subject to assembly approval to review 75 proposed names; to hold public hearings; and to identify an appropriate name for the building, 76 other fixed facility, or a public place. The citizen panel may be comprised of members of 77 recognized boards and commissions. 78 B. The citizen panel will identify the appropriate name of a building, other fixed facility, or 79 public place. The citizen panel may consider those names submitted by the mayor or the 80 assembly or propose an alternative. Upon agreement by a majority of the citizen panel, a letter 81 advising the mayor shall be dispatched. The mayor will make the panel's letter an attachment to 82 a resolution for consideration by the assembly. Memoranda as appropriate may be appended to 83 the resolution to explain or amplify relevant information for the assembly. 84 C. The assembly will hold at least one public hearing on the naming resolution and ensure 85 appropriate information dissemination to the public prior to adoption of the resolution. The name 86 adoption or the name change shall become effective upon adoption of the resolution by the 87 assembly. 88 89 12.10.040 Changing of names. 90 Nothing in this ordinance shall be construed to prohibit the changing of names of buildings, 91 other fixed facilities, or public places provided the guidelines of this ordinance are followed. 92 93 12.10.050 Naming a facility for other than an individual. 94 Names for buildings, other fixed facilities, or public places may be selected from categories 95 other than persons. Geographic influences may be considered in selecting names for facilities. 96 Procedures prescribed herein remain applicable. 97 98 12.10.060 Application. 99 This title shall not apply to the naming or renaming of buildings, other fixed facilities, or public 100 places which were donated to the borough contingent upon assignment of a specific name or to 101 any building, other fixed facility, or a public place constructed or purchased from money or 102 property donated to the borough for the specific purpose of securing a name for the facility. 103 Further, this title does not apply to the naming of streets, roads, and sidewalks. 104 Kodiak Island Borough, Alaska Ordinance No. FY2009 -15 Page 2 of 3 105 This chapter shall apply to all buildings, other fixed public facilities, and places owned by the 106 Kodiak Island Borough and operated by the borough or the Kodiak Island Borough School 107 District. 108 109 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 110 THIS DAY OF 2009 111 112 113 KODIAK ISLAND BOROUGH 114 115 116 117 Jerome M. Selby, Borough Mayor 118 119 ATTEST: 120 121 122 123 Nova M. Javier, CMC, Borough Clerk 124 125 Kodiak Island Borough, Alaska Ordinance No. FY2009 -15 Page 3 of 3 TITLE: APPROVAL FOR AGENDA . i� KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING Ordinance No. FY2009 -17 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration And Personnel By Adding Chapter 2.150 Fisheries And Oceanic Research Board and Amending Chapter 2.100 Boards, Committees, and Commissions Section 2.100.010 Board, Committee, and Commission Members Subject To This Chapter. SUMMARY: This ordinance was requested by Assembly member Jeffrey to create a Fisheries and Oceanic Research Board. The powers and duties of this board are described below: The board shall assist in identifying creative and workable opportunities to augment Kodiak's fisheries and oceanic research sector: A. Serve in an advisory capacity to the mayor and assembly on matters affecting the research capabilities in Kodiak, which meets the needs, desires and goals of the Assembly as stated in the Strategic Plan for 2009 -2013. B. Provide for balanced consideration and representation of the viewpoints, problems and issues regarding development of Kodiak's fisheries and oceanic research sector. C. Provide a forum for decision - making in development of specific projects that support Kodiak's fisheries and oceanic research sector. D. Identify goals, policies and procedures to help the Assembly educate the public and state and federal officials about ongoing fisheries and oceanic research programs based in Kodiak. Highlighted in yellow is suggested language from the Borough Attorney. ITEM NO: 13.C.3 RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -17 in first reading to advance to public hearing at the next regular meeting of the Assembly. 1 2 3 Introduced by: Assembly member Jeffrey 4 Requested by: KIB Assembly 5 Drafted by: Assembly member Jeffrey 6 Introduced: 02/19/2009 7 Public Hearing: 8 Adopted: 9 10 11 KODIAK ISLAND BOROUGH 12 ORDINANCE NO. FY2009 -17 13 14 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 15 AMENDING THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES 16 TITLE 2 ADMINISTRATION AND PERSONNEL BY ADDING 17 CHAPTER 2.150 FISHERIES AND OCEANIC RESEARCH BOARD 18 AND AMENDING CHAPTER 2.100 BOARDS, COMMITTEES, AND COMMISSIONS 19 SECTION 2.100.010 BOARD, COMMITTEE, AND COMMISSION MEMBERS 20 SUBJECT TO THIS CHAPTER 21 22 WHEREAS, the Kodiak Island Archipelago is located in the heart of the diverse and abundant 23 fisheries of the of the Gulf of Alaska, second only to the Bering Sea as the world's most prolific 24 fisheries habitat; and 25 26 WHEREAS, throughout its history, Kodiak has served and continues to serve as the major 27 industry center and service hub of the Gulf of Alaska; and 28 29 WHEREAS, for more than 40 years, Kodiak consistently has ranked among the top three fishing 30 ports in the nation; and 31 32 WHEREAS, the Kodiak community is affected by and susceptible to rapid changes in 33 environmentally - forced changes in the marine ecosystem as was observed in the 1978 regime 34 shift from a crab and shrimp dominated ecosystem to one dominated by groundfish; and 35 36 WHEREAS, one of the economic engines of the State of Alaska and Kodiak is the utilization 37 (processing, value- adding, packaging, storing, shipping) of aquatic resources and without 38 utilization there is very little economic value; and 39 40 WHEREAS, Alaska's fishing industry is the second largest private sector employer in the state 41 after oil with the state's subsistence, sports, and commercial fishing industries contributing 42 significantly to the state economy; and 43 44 WHEREAS, the US Coast Guard has its largest support center in Kodiak because Kodiak is 45 strategically located in the Gulf Alaska and to the Bering Sea; and 46 47 WHEREAS, Kodiak is the optimal location for fisheries and oceanic research because its 48 geographic location is at the center of ecosystems important to research; and 49 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 1 of 5 50 WHEREAS, Kodiak is homeport to the NOAA Research Vessel Oscar Dyson; and 51 52 WHEREAS, Kodiak is home to the NOAA Kodiak Laboratory in the Kodiak Fisheries Research 53 Center, now the primary facility for the Alaska Fisheries Science Center's RACE Shellfish 54 Assessment Program and support facility for the RACE Groundfish Assessment Program, North 55 Pacific Groundfish Observer Program, National Marine Mammal Laboratory; and 56 57 WHEREAS, Kodiak is home to the University of Alaska Fairbanks School of Fisheries and 58 Ocean Sciences Fishery Industrial Technology Center, which is dedicated to increase the value 59 of Alaska's fishing industry and marine resources through research, technological development, 60 education and service; and 61 62 WHEREAS, Kodiak is home to the Alaska Department of Fish & Game Region IV 63 Headquarters, which manages subsistence, sports, and commercial fisheries in state waters of 64 the Kodiak Archipelago and westward along the Alaska Peninsula to the Bering Sea; and 65 66 WHEREAS, the federal government requires the North Pacific Fisheries Management Council 67 to consider the health of fish stocks and ocean ecosystems when managing Alaska's sports and 68 commercial fisheries and thereby relies on current ocean and fisheries research data; and 69 70 WHEREAS, the Kodiak Island Archipelago suffered environmental and economic losses when 71 oil from the Exxon Valdez Oil Spill of 1989 polluted Kodiak's coastal shores, resulted in shutting 72 down the island -wide commercial salmon season of 1989 and damaged many marine species 73 and critical habitat; and 74 75 WHEREAS, the Exxon Valdez Oil Spill of 1989 dramatically illustrated that the Kodiak Island 76 Archipelago is vulnerable to future shipping disasters or other environmental changes in the 77 North Pacific Ocean; and 78 79 WHEREAS, the expansion of research efforts in the Gulf of Alaska and Bering Sea is vital to the 80 sustainability of Alaska's diverse and abundant ocean resources, to the monitoring of the effects 81 of the 1989 Exxon Valdez Oil Spill, and to the health and protection of Alaska's marine 82 ecosystem; and 83 84 WHEREAS, the Kodiak Island Borough, the City of Kodiak and small communities jointly 85 support and continue to invest in ongoing research infrastructure to protect Alaska's healthy 86 ocean ecosystems and Alaska's sustainable subsistence, sports, and commercial fisheries and 87 utilization of aquatic resources that are vital to the state's economy; and 88 89 WHEREAS, the Assembly would like to create a Fisheries and Oceanic Research Board for the 90 Kodiak Island Borough to assist in identifying creative and workable solutions to strengthen 91 fisheries and oceanic research efforts in the Gulf of Alaska, Bering Sea and Arctic Ocean; and 92 93 WHEREAS, this board will provide a forum for input and recommendations that will keep the 94 Kodiak Island Borough and its communities apprised of Kodiak's research sector; and 95 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 2 of 5 96 WHEREAS, this board will provide a forum to streamline communication and collaboration 97 among all research efforts in the Gulf of Alaska and Bering Sea, including state, federal, and 98 university researchers; and 99 100 WHEREAS, this board will explore expansion of fisheries and oceanic research education 101 programs to foster an understanding of the dynamic marine ecosystems and diverse fisheries at 102 Kodiak's doorstep; and 103 104 WHEREAS, this board will keep the Kodiak Island Borough Assembly and its communities 105 apprised of research developments and how they may affect Kodiak's subsistence, sports, and 106 commercial fisheries and fish habitat; and 107 108 WHEREAS, this board will work collaboratively with the Assembly and City Council to seek 109 means to strengthen Kodiak's fisheries and oceanic capability; and 110 111 WHEREAS, this board will work collaboratively with the Assembly and City Council to seek the 112 means to strengthen Kodiak's fisheries and oceanic research capability; and 113 114 WHEREAS, Section 2.100.020 of the Kodiak Island Borough Code states: "The assembly, by 115 ordinance, may provide for advisory, regulatory, appellate or quasi - judicial boards or 116 commissions." 117 118 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 119 BOROUGH THAT: 120 121 Section 1: This ordinance is of a general and permanent nature and shall become a part of 122 the Kodiak Island Borough Code of Ordinances. 123 124 Section 2: Title 2 of the Kodiak Island Borough Code of Ordinances is amended by adding 125 Chapter 2.150 Fisheries and Oceanic Research Board as follows: 126 127 Chapter 2.150 128 129 Fisheries and Oceanic Research Board 130 131 Sections: 132 2.150.010 Created - Membership. 133 2.150.020 Organization. 134 2.150.030 Term - compensation. 135 2.150.040 Powers and duties. 136 2.150.050 Administrative assistance. 137 138 2.150.010 Created - Membership. There is created a Fisheries and Oceanic Research Board 139 which will consist of the following 11 designated seats. Except for the Kodiak Island Borough 140 mayor and the borough manager, each holder of a designated seat will be invited to participate 141 on the board either personally or by a designated representative. 142 1. Mayor, Kodiak Island Borough 143 2. Mayor, City of Kodiak Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page3of5 144 3. Village Mayor (Rotating Seat) 145 4. Director, Fishery Industrial Technology Center 146 5. Director, NOAA Fisheries Kodiak Laboratory 147 6. Supervisor, Alaska Department of Fish and Game Region IV Headquarters, 148 Kodiak 149 7. Manager, Kodiak National Wildlife Refuge 150 8. Commanding Officer, US Coast Guard Support Center Kodiak 151 9. Director, Alutiiq Museum and Archaeological Repository 152 10. Superintendent, Kodiak Island Borough School District 153 11. Director, University of Alaska Anchorage Kodiak College 154 • Borough Manager - Ex- officio Seat 155 • City Manager — Ex- officio Seat 156 • Kodiak Fisheries Advisory Committee Liaison — Ex- officio Seat 157 158 2.150.020 Organization. The board shall designate its chair and vice -chair at the first meeting 159 of the calendar year and shall hold at least one meeting semi - annually. 160 161 2.150.030 Compensation. 162 A. Members of the board shall serve without compensation. 163 164 2.150.040 Powers and duties. The board shall assist in identifying creative and workable 165 opportunities to augment Kodiak's fisheries and oceanic research sector: 166 A. Serve in an advisory capacity to the mayor and assembly on matters affecting the 167 research capabilities in Kodiak, which meets the needs, desires and goals of the Assembly as 168 stated in the Strategic Plan for 2009 -2013. 169 B. Provide for balanced consideration and representation of the viewpoints, problems and 170 issues regarding development of Kodiak's fisheries and oceanic research sector. 171 C. Provide a forum for decision - making in development of specific projects that support 172 Kodiak's fisheries and oceanic research sector. 173 D. Identify goals, policies and procedures to help the Assembly educate the public and 174 state and federal officials about ongoing fisheries and oceanic research programs based in 175 Kodiak. 176 177 2.150.050 Administrative assistance. The manager or designee shall: 178 A. Furnish the board with copies of all requested documents and other information 179 necessary or reasonably related to board functions; 180 B. Provide the board with such supplies, meeting space, and secretarial assistance as the 181 manager deems reasonably required; 182 C. Refer to the board, for their discussion, all non - emergency matters within the scope of 183 its powers and duties prior to presenting those matters to the assembly for action; and 184 D. Transmit all recommendations and other communications from the board to the 185 assembly. 186 187 2.150.060 Quorum and voting requirements. 188 A majority of the holders of the designated seats or their designated representatives shall be a 189 quorum for the transaction of business. The affirmative votes of the majority of the holders of the 190 designated seats or their designated representatives shall be required to carry a question. In the Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 4 of 5 191 absence of a quorum for the transaction of business, any number less than a quorum may 192 recess a meeting to a later time or date, 193 194 2.150.070 Conflict of interest. 195 Every member shall vote on all questions unless he has a direct or substantial indirect financial 196 interest in the matter being discussed. 197 198 2.150.080 Procedure. 199 Procedural rules and order of business shall be established, except as otherwise provided by 200 law, subject to approval by the assembly. In all matters of procedure not covered by rules 201 adopted by the board, Robert's Rules of Order, as revised, shall be applicable and shall govern. 202 203 2.150.090 Reports and minutes. 204 Minutes of the proceedings shall be kept, and such minutes shall record the vote of each 205 member upon every question formally presented for consideration. The minutes shall be filed in 206 the office of the clerk and shall be a public record, open to inspection by any person. 207 208 Section 3: Title 2 Administration and Personnel Chapter 2.100 Boards, Committees and 209 Commissions Section 2.100.010 Board, Committee, And Commission Members 210 Subject To This Chapter is hereby amended as follows: 211 212 2.100.010 Board, committee, and commission members subject to this chapter. 213 All boards, committees, and commissions, with the exclusion of the board of equalization, and 214 service area advisory boards, and the fisheries and oceanic research board shall be governed 215 by each of the provisions set forth in this chapter. 216 217 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 218 THIS DAY OF 2009 219 220 KODIAK ISLAND BOROUGH 221 222 223 224 Jerome M. Selby, Borough Mayor 225 ATTEST: 226 227 228 229 Nova M. Javier, CMC, Borough Clerk 230 231 Kodiak Island Borough, Alaska Ordinance No. FY2009 -17 Page 5 of 5 TITLE: APPROVAL FOR AGENDA: Li KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING The commission reviewed the following three requests for rezoning: ITEM NO: 13.C.4 Ordinance No. FY2009 -18 Rezoning Tract A, U.S. Survey 4964 From C- Conservation To RR2- Rural Residential Two. SUMMARY: Omar Stratman is splitting up his Northland Ranch. His approach is novel for Kodiak using the "Conservation Subdivision" method. This concept leaves a third of the parcel undeveloped in green /open space as an amenity for residents of the subdivision, but requests a higher density of development in the areas scheduled for improvements. Because this is a novel approach, staff has suggested that he request a change of zoning first and if that passes, a subdivision survey will be submitted at a later date. 1. Rezone of a majority of Tract A from C- Conservation to RR2- Rural Residential Two 2. Rezone a minority of Tract A from C- Conservation to RNC Rural Neighborhood Commercial (at the intersection of Chiniak Highway and Pasagshak Road); and 3. Rezone of Lot 7 Northland Ranch Subdivision from C- Conservation to RR2- Rural Residential Two. The commission held a public meeting January and as a result approved the first request to rezone the majority of Tract A to RR2 — Rural Residential Two, but failed to approve the request to rezone Lot 7 to Rural Residential Two (this parcel is separated from the main parcel by Pasagshak Road and the commission felt that it had more in common with other Tots on that side of the road) and failed to rezone a minority portion of Tract A from C- Conservation to RNC - Rural Neighborhood Commercial feeling that though this is a good location for (future) business, that there is currently 35 acres of undeveloped RNC zoned property in Kalsin Bay with the ability to be subdivide down to two acres parcels and additional RNC zoned land is not warranted at this time. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -18 in first reading to advance to public hearing at the next regular meeting of the Assembly. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -18 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Manager Gifford Community Development CDD Director Cassidy 02/19/2009 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING TRACT A, U.S. SURVEY 4964 FROM C- CONSERVATION TO RR2 -RURAL RESIDENTIAL TWO WHEREAS, Mr Omar Stratman is subdividing approximately 120 acres of land at the intersection of the Chiniak Highway and Pasagshak Road known as the Northland Ranch into over 40 parcels; and 17 WHEREAS, the concept of a "conservation subdivision" is being proposed where 18 approximately one -third of the property is left as open space for the benefit of the residents of 19 this subdivision and where land that is identified for development is done so at a greater density 20 than would normally be allowed under the existing zoning scheme. This novel concept provides 21 an incentive for developers to leave green and open space; and 22 WHEREAS, the commission has reviewed three rezone requests associated with this 23 conservation subdivision; a rezone of the majority of Tract A from C- Conservation to RR2- Rural 24 Residential, a rezone of the minority of Tract A (10 -12 acres located at the corner of Chiniak 25 Highway and Pasagshak Road) from C- Conservation to RNC -Rural Neighborhood Commercial, 26 and a rezone of Lot 7, Northland Ranch Subdivision from C- Conservation to RR2 -Rural 27 Residential Two; and 28 WHEREAS, the commission held a properly noticed public hearing on this request and j 29 recommending that the Assembly approve the request to rezone the majority of Tract A from C- 30 Conservation to RR2 —Rural Residential Two; and 31 WHEREAS, the commission is not recommending that the Assembly rezone the minority portion 32 of Tract A (a 10 -12 acres portion located at the corner of Chiniak Highway and Pasagshak 33 Road) from C- Conservation to RNC- Rural Neighborhood Commercial because there already 34 exists 35 acres of RNC zoned property in the Kalsin Bay area much of it not developed and at a 35 minimum of 2 acres per lot requirement provides enough commercial growth potential for the 36 area; and 37 WHEREAS, the commission is also not recommending that the Assembly rezone Lot 7, 38 Northland Ranch Subdivision from C- Conservation to RR2- Rural Residential Two believing that 39 lot 7 is separated from the remainder of the proposed subdivision by the Pasagshak Road and 40 has more in common with the other lots found in the vicinity. 41 NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 42 BOROUGH that the following parcel be rezoned from C- Conservation to RR2- Rural 43 Residential Two Zone: 44 Section 1: This ordinance is not of general application and shall not be codified. Kodiak Island Borough Ordinance No. FY2009 -18 Page 1 of 3 45 Section 2: Tract A, U.S. Survey 4964 is 46 Residential Two. 47 Section 3: The findings of the Kodiak Island 48 hereby confirmed as follows: 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Lot 7, Northland Ranch Subdivision is contiguous with the other six lots on the 73 east side of Pasagshak Road physically separated from Tract A, Northland 74 Ranch Subdivision by a 100 foot right -of -way easement to the Alaska 75 Department of Transportation & Public Facilities. The majority of Lots 1 through 7 76 are zoned C- Conservation, with Lots 3 and 4 being zoned RNC -Rural 77 Neighborhood Commercial (Case 08 -006). In terms of the "Conservation 78 Subdivision" concept promoted by the petitioner and the practical aspects of 79 creating a self- contained community identified by staff, it appears to be 80 speculative and a stretch, at this time, to include Lot 7 in the context of the other 81 more compelling justifications presented in this case. 82 83 rezoned from C- Conservation to RR2- Rural Borough Planning and Zoning Commission are 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The 2008 Kodiak Island Borough Comprehensive Plan Update encourages residential development throughout the Kalsin Bay and Chiniak communities. The plan and map both call for two acre lot minimums along the south side of the Chiniak Highway; however, there are some minor discrepancies in the way this is depicted on the map for the Kalsin Bay area and how it is described in the related plan narrative. In this case, it makes sense to provide RR2 -Rural Residential Two zoning, with a two acre minimum lot size in order to allow the developers concept of a "Conservation Subdivision" to move forward to the subdivision process. This will allow the some flexibility to the developer subject to further review by the Planning and Zoning Commission. Even though the plan identifies a commercial node at the intersection of Chiniak Highway and Pasagshak Road, this need is presently met with the existing 15 acres of commercially zoned (RNC) property at this location. All of this land previously belonged to the petitioner in this case and 10 acres were sold to another party. This portion of the request appears to be speculative and there is not adequate demonstration of the need for additional commercial acreage in the Kalsin Bay Area, either to serve the resident population or the traveling public. There is currently 35 acres of RNC zoned land at the head of Kalsin Bay when the land near the Kalsin Bay Inn is considered. With a minimum lot size of two acres, that represents a considerable potential for further subdivision and development. Kodiak Island Borough Ordinance No. FY2009 -18 Page 2 of 3 84 85 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. 86 The rezone of Tract A, Northland Ranch Subdivision from C- Conservation to 87 RR2 -Rural Residential Two will provide a balanced approach to the 88 implementation of the 2008 Kodiak Island Borough Comprehensive Plan Update. 89 The land uses permitted in the RR2 -Rural Residential Two zoning are more 90 restrictive than the current C- Conservation zoning district. This will allow the 91 development of a more residential subdivision rather than a zone that allows 92 small scale lodges, agricultural uses, and fishing activities on a five acre lot. In 93 many regards although the RR2 zone allows more density of development, one 94 could consider this a "down zone" in terms of the allowable uses and the kind of 95 mixed development that would no doubt occur if the land remains C- 96 Conservation through the subdivision and development process. Recent 97 improvements to the Chiniak Highway have made the road more suitable to 98 support commuting to Kodiak, although it is expected that a certain percentage of 99 homes in this area will be second homes or vacation homes. 100 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 101 THIS DAY OF , 2009 102 KODIAK ISLAND BOROUGH 103 104 105 106 ATTEST: Jerome M. Selby, Borough Mayor 107 108 109 110 Nova M. Javier, CMC, Borough Clerk 111 Kodiak Island Borough Ordinance No. FY2009 -18 Page 3 of 3 ct application of the zoning ordinances would result in practical difficulties or unnecessary har. ips. The petitioner would be required to remove portions of building or seek oth remedie such as replatting lot boundaries which are impractical and beyond the petiti ers control bec u e it involve the property of others. 17.66.050 A.3. to other propert in the vicinity nor be detrimental to the public's he welfare. Granting the variance wi ot result in material damages or prejudice to vicinity, nor be detrimental the public safety and welfare. The p infringe upon, or into, abutting ► operties, nor be of such magni the structures project would constitr e a detriment to the neigh approval will be applied to allow a : ger side yard setb building be moved, destroyed or substanti rebuilt. e granting of the variance will not result in material damages 17.66.050 A.5. That actions of the hardship from which relief is be The intent of the KIB varianc basis, is to require the adj construction activity an were created by p application of ce prejudice safety, and ther properties in the osed project would not that the overall volume of ng properties. A condition of (five feet) should the accessory 17.66.050 A.4. The granting of the varian wi ot be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy y 'de, •'ch does not address site specific standards such as setbacks. plicant did not ca sought by the variance. tandards, and the applicable Ala cation of variance requests before the akes significant investments. In this case the owners in interest and were permitted by KIB n zoning and subdivision code interpretations. 17.66.050 A.. That the grantin¢ of the variance will not permit a prohibited la use in the district • olved. The gr., ting of this variance will not permit a prohibited land use in this district. R. call vote on amended motion CARRIED 4 -0. ' 0 }�" hC"0n - m11n mvti special conditions or financial a Statutes which form their perty owner undertakes 'ginal encroachments aff through prior B) Case 09 -009 and 09 -013. Request an investigation, according to KIBC 17.205.030.B (Manner of Initiation) to consider the rezone of Lots 20, 21 and 22, U.S. Survey 3098, from B- Business to PL- Public Use Land; and, a conditional use permit, according to KIBC 17.200 and KIBC 17.130.030.B (Conditional Uses) to permit a 22 -bed correctional facility as part of the new Kodiak Police Station. The locations are 2150, 2160, & 2170 Mill Bay Road and the zoning is B- Business. The applicants are the City of Kodiak and the Planning & Zoning Commission. The agent is Linda Freed. Cassidy gave a brief staff report and recommended the commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that it be approved, and that the commission approve a conditional use permit to allow a 22 -bed jail (correctional facility) subject to the rezone becoming effective for the site. COMMISSIONER TORRES MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lots 20, 21 and 22, U.S. Survey 3098, 3.75 acres, from B- Business tQ PL- Public Use Land, and to adopt the "Findings of Fact" in the staff report dated December 17, 2008 in support of this recommendation. Close regular meeting: Open public hearing: January 21, 2009 P &Z Guidelines Page 3 of 15 Close public hearing: Open regular meeting: A brief discussion. 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. Although the population of the City of Kodiak has been flat for the past several years, the existing police station and jail facility have long been in need of replacement. Part of this need is simply through the recognized obsolescence of the existing building itself and part of this need is through the growth of the police force and the increased demands being placed on the existing jail facility. The jail facility is recognized to be substandard by state authorities and as such is only permitted for a maximum of 10 day holding. So this change would allow the community to develop a new police station and jail in the PL- Public Use Land zoning district to provide a new facility that able to handle the unmet needs of the community and to meet current state and local standards for holding prisoners for up to 30 days maximum. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan mentions the tentative location of a new police station and jail on near island but it also recognized the prospect that the city might continue to consider other options in its site extensive and extended site selection process. Although it was not possible to recount in the plan all of the potential sites considered by the City of Kodiak, it seems clear through the diligent efforts of the city that this location best meets the future community need for a new police station and jail. Loss of the commercial zoned land in this location is not of major concern as the community appears to have a surplus of undeveloped and underdeveloped commercial zoned property. In addition, the plan generally encourages commercial use and development to be located in the downtown Kodiak area or in other recognized commercial nodes such as the Safeway /Lakeside subarea or Near Island. Roll call vote on motion CARRIED 4 -0 COMMISSIONER WATKINS MOVED to grant a conditional use permit (CUP), according to KIBC 17.200 and KIBC 17.130.030.B (Conditional Uses) to permit a 22 -bed correctional facility as part of the new Kodiak Police Station on Lots 20, 21 and 22, U.S. Survey 3098, subject to two (2) conditions of approval, and to adopt the findings contained in the staff report dated January 8, 2009, as FINDINGS OF FACT for this case. Close regular meeting: Open public hearing: Close public hearing: Open regular meeting: CONDITIONS OF APPROVAL 1. The conditional use permit (CUP) is based upon the detailed site plan, floor plans and other supporting information submitted by the applicant detailing a new police station and jail facility for this case. The focus of this CUP is the 22 -bed jail facility, such that any future expansion of the jail (correctional facility) use, in terms of beds or floor area shall require a new CUP review before the Planning & Zoning Commission. January 21, 2009 P &Z Guidelines Page 4 of 15 2. The CUP will become effective upon approval of the recommended zoning change ordinance by the Kodiak Island Borough Assembly. FINDINGS OF FACT 1. That the conditional use will preserve the value spirit character and integrity of the surrounding area. The proposed development site is located in the midst of a strip commercial area located along the south side of Mill Bay Road. Although there are other public facilities in the general area such as East Elementary School, Providence Kodiak Island Medical Center, and the adjoining city cemetery, the proposed police station and jail facility is oriented towards the Mill Bay Road frontage. Substantial fencing and other security measures are to be located at the rear of the facility where jail prisoners will be delivered and transferred into the jail portion of the overall facility. The police station and jail will operate in much the same manner as the existing police station with employee and visitor vehicles coming and going. Vehicle patrols and shift changes will also be accommodated from this site. The facility will provide for offices, locker room/work out space, dispatch center, emergency operations center (EOC) and the jail. Prisoners of the jail are not allowed to have vehicles parked on the site which will minimize the parking requirement associated with this use. The architectural design documents apply an office use parking calculation to the entire facility, i.e. one off - street parking space per 200 square feet of gross floor area for the first 2000 square feet and one off - street parking space per 300 square feet of gross floor area for additional floor area over 2000 square feet. The standard also allows for storage space at one off - street parking space per 1,000 square feet as shown on the floor plan. The parking plan shows 63 off - street parking spaces, enough to provide for the entire facility floor area as office space and related storage space, without any special parking determination for the use or occupancy of designated jail floor area. The site does not directly adjoin any residential use or zoning district with regard to screening or lighting requirements, however the zoning compliance permit process should ensure that any required security lighting does not create glare on the Mill Bay Road arterial. Contact with nearby school authorities for East Elementary and the Kodiak Christian School has not resulted in a negative responses at the time of staff report preparation. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The building design and site plan materials submitted for review with this conditional use permit (CUP) meet or exceed all requirements of the PL- Public Use Land zoning district and the CUP standards. 3. That granting the conditional use — permit will not be harmful to the public health, safety, convenience and comfort. The proposed police station and jail will not be harmful to the public health, safety, convenience and comfort. Police stations and jails are generally intended to maintain public health and safety by providing for law enforcement and by taking law breakers into custody until their guilt or innocence can be determined. In addition the jail is also available for the serving of minor jail sentences as a community based deterrent to committing crimes against the community. The facility although not required to have such facilities by the State of Alaska will have a juvenile detention facility that is substantially separated from the jail facility which is reserved for adults only. January 21, 2009 P &Z Guidelines Page 5 of 15 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 PL- Public Use Land Zone has substantial setbacks and minimum lot dimensions that that are met and exceeded on the proposed site plan. The site is largely bounded by commercial or other PL zoning districts. This will minimize the need for screening and lighting restrictions. While there is some R2- Two - family Residential land along the rear property boundary, this property has been restricted from typical R2 residential development. In addition, the R2 property is situated at a higher level than the CUP site. The proposed parking area layout and number of off - street parking spaces (63) is more than adequate to meet the needs of the proposed use(s) occupying the police station and community jail facility. 5. The proposed use or structure is located in a manner which will maximize public benefits. The City of Kodiak has undertaken an exhaustive site selection process that considered many other potential locations before selecting and acquiring the subject location. The facility is not considered a high traffic generator in the context of other commercial uses located up and down Mill Bay Road. In addition, Mill Bay Road is an arterial street with the capacity to handle the additional traffic, even though this site is located along one of the most traveled segments of the road. The site is located well within city boundaries that will provide for good access and response times to address 'community needs. L,Roll call vote on motion CARRIED 4 -0. Case 09 -011. Request an investigation, according to KIBC 17.205.030.A, (Manner o Ini tion), to consider the rezone of Lot 7 and a majority portion of Tract A, Northland R. ch Subdi on (per Plat 2007 -7), from C- Conservation RR2 -Rural Residential Two; d, the rezone of . inority portion of Tract A, Northland Ranch Subdivision (approximate 10 to 12 acres out of 1 acres total) from C-Conservation RNC -Rural Neighborhood C. - mercial. Cassidy stated tha Post Office and van living in the Chiniak are acre minimum is suitable parcels in the valley that aren't should be revisited at a later date w that involves approximately 121 acres potential future subdividing. The applican concept where the developer creates large subdivision be greater than what the code (cluster development). Since this kind of developer and his consultant and we' be talking about a rezone effort motions; rezone of Tract A, a Rural Residential Two and Tract A at the intersect' staff is recommends C- Conservation t s c January 21, 2009 2 public hearing notices were sent out and a notice was . - up at the Chiniak Chiniak residents took public hearing notices . distribute to others One public hearing notice was returned s : ing that the present five that there are sufficient RNC-Rur Neighborhood Commercial ng developed and utilized : the Business designation sought the existing busines .roperty is developed. This is a case Kalsin Bay .. you are considering for a rezone and s propo:'ng a Conservation Subdivision which is a f green space but requests the density of the e . allows in areas identified for development proach is 't found in our code, we have met with the suggested how s should be pursued. Tonight you will e commission will . - taking action on three different ut 112 acres of Northland R. h, from Conservation to RR2- aff is recommending approval, anoth. rezone is about 12 acres of from C- Conservation to RNC -Rural Nei lrhood Commercial and denial and rezone of Lot 7, about 8.66 acres across'Pasagshak Road from R2 -Rural Residential Two and staff is also recommending.'t be denied. P &Z Guidelines COMMISSIG ER JANZ wanted clarified if the public is allowed to use the p ..erty at this point. Cas ' ' y stated the use of the property is up to the individual property owner, but in this c e the proach is to not make the green space public but for the benefit of the homeowners. The Pa s Page 6 of 15 Mr. Omar Stratman Northland Ranch, Inc. PO Box 2376 Kodiak, AK 99615 Re: Case 09 -011. Request an investigation, according to KIBC 17.205.030.A, (Manner of Initiation), to consider the rezone of Lot 7 and a majority portion of Tract A, Northland Ranch Subdivision (per Plat 2007 -7), from C- Conservation to RR2 -Rural Residential Two; and, the rezone of a minority portion of Tract A, Northland Ranch Subdivision (approximately 10 to 12 acres out of 112 acres total) from C- Conservation to RNC -Rural Neighborhood Commercial). Dear Mr. Stratman: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us January 22, 2009 The Kodiak Island Borough Planning and Zoning Commission at their meeting on January 21, 2009 moved to forward the rezoning of Tract A, Northland Ranch Subdivision from C- Conservation to RR2 -Rural Residential Two, recommending approval, to the Borough Assembly and adopted findings of fact in support of their approval. The commission moved to deny the rezoning of a 10 to 12 acre portion of Tract A, Northland ranch Subdivision, located near the intersection of Chiniak Highway and Pasagshak Road, from C- Conservation to RNC -Rural Neighborhood Commercial and the rezoning of Lot 7, Northland Ranch Subdivision from C- Conservation to RR2 -Rural Residential Two and adopted findings of fact in support of the denial. Please contact the Borough Clerk's Office at 486 -9310 for more information on when the approved item will be scheduled for its first reading before the Borough Assembly, no sooner than five (5) working days from the date of this letter. KIBC 17.205.055 - 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 calendar days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The Commission adopted the following findings of fact in support of their recommendation to the Assembly: 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 2008 Kodiak Island Borough Comprehensive Plan Update encourages residential development throughout the Kalsin Bay and Chiniak communities. The plan and map both call for two acre lot minimums along the south side of the Chiniak Highway, however there are some minor discrepancies in the way this is depicted on the map for the Kalsin Bay area and how it is described in the related plan narrative. In this case, it makes sense to provide RR2- Rurual Residential Two zoning, with a two acre minimum lot size in order to allow the developers concept of a "Conservation Subdivision" to move forward to the subdivision process. This will allow the some flexibility to the developer subject to further review by the Planning and Zoning Commission. Even though the plan identifies a commercial node at the intersection of Chiniak Highway and Pasagshak Road, this need is presently met with the existing 15 acres of commercially zoned (RNC) property at this location. All of this land previously belonged to the petitioner in this case and 10 acres were sold to another party. This portion of the request appears to be speculative and there is not adequate demonstration of the need for additional commercial acreage in the Kalsin Bay Area, either to serve the resident population or the traveling public. There is currently 35 acres of RNC zoned land at the head of Kalsin Bay when the land near the Kalsin Bay Inn is considered. With a minimum lot size of two acres, that represents a considerable potential for further subdivision and development. Lot 7, Northland Ranch Subdivision is contiguous with the other six lots on the east side of Pasagshak Road physically separated from Tract A, Northland Ranch Subdivision by a 100 foot right -of -way easement to the Alaska Department of Transportation & Public Facilities. The majority of Lots 1 through 7 are zoned C- Conservation, with Lots 3 and 4 being zoned RNC - Rural Neighborhood Commercial (Case 08 -006). In terms of the "Conservation Subdivision" concept promoted by the petitioner and the practical aspects of creating a self - contained community identified by staff, it appears to be speculative and a stretch, at this time, to include Lot 7 in the context of the other more compelling justifications presented in this case. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Tract A, Northland Ranch Subdivision from C- Conservation to RR2 -Rural Residential Two will provide a balanced approach to the implementation of the 2008 Kodiak Island Borough Comprehensive Plan Update. The land uses permitted in the RR2 -Rural Residential Two zoning are more restrictive than the current C- Conservation zoning district. This will allow the development of a more residential subdivision rather than a zone that allows small scale lodges, agricultural uses and fishing activities on a five acre lot. In many regards although the RR2 zone allows more density of development, one could consider this a "down zone" in terms of the allowable uses and the kind of mixed development that would no doubt occur if the land remains C- Conservation through the subdivision and development process. Recent improvements to the Chiniak Highway have made the road more suitable to support commuting to Kodiak, although it is expected that a certain percentage of homes in this area will be second homes or vacation homes. The commission also adopted the same Findings of Fact in support of the denial to rezone. 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 2008 Kodiak Island Borough Comprehensive Plan Update encourages residential development throughout the Kalsin Bay and Chiniak communities. The plan and map both call for two acre lot minimums along the south side of the Chiniak Highway, however there are some minor discrepancies in the way this is depicted on the map for the Kalsin Bay area and how it is described in the related plan narrative. In this case, it makes sense to provide RR2- Rurual Residential Two zoning, with a two acre minimum lot size in order to allow the developers concept of a "Conservation Subdivision" to move forward to the subdivision process. This will allow the some flexibility to the developer subject to further review by the Planning and Zoning Commission. Even though the plan identifies a commercial node at the intersection of Chiniak Highway and Pasagshak Road, this need is presently met with the existing 15 acres of commercially zoned (RNC) property at this location. All of this land previously belonged to the petitioner in this case and 10 acres were sold to another party. This portion of the request appears to be speculative and there is not adequate demonstration of the need for additional commercial acreage in the Kalsin Bay Area, either to serve the resident population or the traveling public. There is currently 35 acres of RNC zoned land at the head of Kalsin Bay when the land near the Kalsin Bay Inn is considered. With a minimum lot size of two acres, that represents a considerable potential for further subdivision and development. Lot 7, Northland Ranch Subdivision is contiguous with the other six lots on the east side of Pasagshak Road physically separated from Tract A, Northland Ranch Subdivision by a 100 foot right -of -way easement to the Alaska Department of Transportation & Public Facilities. The majority of Lots 1 through 7 are zoned C- Conservation, with Lots 3 and 4 being zoned RNC - Rural Neighborhood Commercial (Case 08 -006). In terms of the "Conservation Subdivision" concept promoted by the petitioner and the practical aspects of creating a self - contained community identified by staff, it appears to be speculative and a stretch, at this time, to include Lot 7 in the context of the other more compelling justifications presented in this case. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Tract A, Northland Ranch Subdivision from C- Conservation to RR2 -Rural Residential Two will provide a balanced approach to the implementation of the 2008 Kodiak Island Borough Comprehensive Plan Update. The land uses permitted in the RR2 -Rural Residential Two zoning are more restrictive than the current C- Conservation zoning district. This will allow the development of a more residential subdivision rather than a zone that allows small scale lodges, agricultural uses and fishing activities on a five acre lot. In many regards although the RR2 zone allows more density of development, one could consider this a "down zone" in terms of the allowable uses and the kind of mixed development that would no doubt occur if the land remains C- Conservation through the subdivision and development process. Recent improvements to the Chiniak Highway have made the road more suitable to support commuting to Kodiak, although it is expected that a certain percentage of homes in this area will be second homes or vacation homes. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9360. Sincerely, 4:z et Bud Cassidy, Dire _,, CC: Nova Javier, Borough Clerk Chris Beck, Agnew Beck Consulting Current Location 32140 & 32126 Pasagshak Road Agenda Item # VI C P & Z Case # O 011 Northland ' RancF.. i nc. Request an investigation, according to KIBC 17.205 030.A, (Manner of Initiation), to consider the rezone of Lot 7 and a majority portion of Tract A, Northland Ranch Subdivision (per Plat 2007 -7), from C- Consrvation to RR2 -Rural Residential Two: and, The rezone of a minority portion of Tract A, Nortlnad Ranch Subdivision (approximately 10 to 12 acres out of 112 acres total) from C-- Conservation to RNC -Rural Neighborhood Commercial* Legend Subject Parcel parcels selection 0 1,125 2,250 Feet s Map prepared for the purpose of showing the General location of the Kodak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour informatlon:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records In the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. Current Zoning Case 09 -01 er Northland Rang Agent: Chris Beek Request an investigation, according < to KIBC .17,205.030A t consider the rezone of Lot 7, and a majority F portion of Tract A, Northland Ranch Subdivision (per plat 2007-7), from C -Conser Two; ty atiot to RR2-Rural Residential and, the rezone of minor' t onion of Tract A Northland ;Ranch Subdivision (A ox. 10 to 12 acres) from C-Conservation to RNC-Rural Neighborhoo t x , war 'Coal. Feet 1,000 2,000 3,000 4,000 1 1 I I roads Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential Legend Two Family Residential Multi Family Residential Retail Business Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone W Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour inforrnation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up-to-date. Kodiak Island Borough Community Development Department. DATE: January 5, 2009 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the January 21, 2009 Regular Meeting CASE: 09 -011 APPLICANT : Omar Stratman AGENT: Chris Beck, Consultant — Agnew::Beck REQUEST: An investigation, according to KIBC 17.205.030.A (Manner of Initiation) to consider the rezone of Lot 7 and a majority portion of Tract A, Northland Ranch Subdivision (per plat 2007 -7), from C- Conservation to RR2 -Rural Residential Two; and, The rezone of a minority portion of Tract A, Northland Ranch Subdivision (approximately 10 to 12 acres our of 112 acres total) from C- Conservation to RNC -Rural Neighborhood Commercial. LOCATION: Lot 7 and Tract A, Northland Ranch Subdivision, 32140 Pasagshak Road (formerly a portion of U.S. Survey 4964) ZONING: C- Conservation Case 09-011/Staff Report MEMORANDUM O. Public Hearing Item VI -C Twelve (12) public hearing notices were mailed on December 16, 2008. Date of site visit: October 9, 2008 1. Zoning History: The site was zoned C- Conservation by KIB Ordinance No. 77 -15- 2. Lot Size: Lot 7 8.66 acres Tract A 112.45 acres 3. Existing Land Use: The site has a number of agricultural buildings on the site with varying ages. The site has previously been used for material extraction resulting in a large pond at the south end of the property. The rest of the site appears to be used for grazing. Page 1 of 11 Meeting of: January 21, 2009 4. Surrounding Land Use and Zoning: North: Chiniak Highway Use: State Road Zoning: None Public Hearing Item VI -C South: Unsurveyed unsubdivided land Use: Vacant Zoning: C- Conservation East: Lots 3 to 7, Northland Ranch Subdivision; Unsurveyed unsubdivided land Use: Lodges; Vacant Zoning: C- Conservation and RNC -Rural Neighborhood Commercial for Lots 3 and 4, Northland Ranch Subdivision. West: Unsurveyed unsubdivided land Use: Vacant Zoning: C- Conservation 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this general area for Residential use at two acres minimum along the south side of the Chiniak Highway and lots beyond that to be five acres minimum lot area. 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: 17.10.020 REFERENCE AND USE. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.10.030 COMPREHENSIVE PLAN. For the purpose of this title, the Kodiak Island Borough comprehensive plan consists of the following documents: A. Kodiak Island Borough comprehensive plan update dated December 6, 2007, prepared by Cogan, Owens, Cogan and the Kodiak Island Borough; ... 17.205.030 MANNER OF INITIATION. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and *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 department, be accompanied by Case 09- 011 /Staff Report Page 2 of 11 Meeting of: January 21, 2009 Public Hearing Item VI -C 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. 17.205.055 SUBMISSION TO ASSEMBLY. A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission's action be taken up by the assembly. COASTAL MANAGEMENT APPLICABLE POLICIES 4.4 Enforceable Policies B. Coastal Development POLICY B -1: MULTIPLE USE a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. POLICY B -3: DREDGE AND FILL ACTIVITIES a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. C. Natural Hazards Case 09-011/Staff Report Page 3 of 11 Meeting of: January 21, 2009 POLICY C -1: EROSION AND LANDSLIDES a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. C os b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. D. Coastal Habitats and Resources POLICY D -5: WIND GENERATION AND BIRD HABITAT a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. pt y b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. a Public Hearing Item VI -C f;? H. Recreation POLICY H -1: PROTECTION OF RECREATION RESOURCES AND USES a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. cep b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. Case 09- 011 /Staff Report Page 4 of 11 Meeting of: January 21, 2009 Public Hearing Item VI -C c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. I. Archaeological and Historic Resources POLICY 1 -1: CONSULTATION AND SURVEYS a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. POLICY 1 -2: RESOURCE PROTECTION a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. K. Mineral Extraction and Processing POLICY K -1: SITING OF MATERIAL SOURCES a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. b. This policy applies to the sand and gravel standard (11 AAC 112.260). Case 09- 011 /Staff Report Page 5 of 11 Meeting of: January 21, 2009 4.5 Designated Areas 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A COMMENTS Public Hearing Item VI -C The land owner /petitioner initiated this rezone investigation with the assistance of consultant Chris Beck of the firm Agnew::Beck. Mr. Beck has been designated the agent for the property owner and as such Mr. Beck has met once with the Commission and several times with staff to discuss the proposed development concept prior to making application for this review. These contacts have involved phone calls, office meetings and a joint site visit on October 9, 2008 with staff, Mr. Beck and the property owner Omar Stratman in attendance. The petitioner also scheduled a meeting with Chiniak/Kalsin Bay residents which was held at the Chiniak Library on Monday, December 15, 2008. Part of the reason for the staff and community contact prior to the application for this request has to do with the nature of the zoning request itself. The petitioner is proposing a "Conservation Subdivisionl" (not to be confused with the C- Conservation zoning district). The consultant has provided a detailed explanation of the concept and provided examples of the subdivision potentials and densities under the existing five acre per dwelling unit zoning versus the proposed two acres minimum lot size permitted in the RR2- Two - family Residential zoning district. Clearly the idea is to allow a higher density of residential development, however the development plan calls for the preservation of the Kalsin Creek corridor in an open space buffer that will provide a common space amenity to the entire subdivision. In addition, there will be other common areas provided for pedestrian access throughout the subdivision. In addition to the residential portion of the proposed development, the petitioner has also requested that 10 to 12 acres be zoned for commercial use under the provisions of the RNC- Rural Neighborhood Commercial zone. This area would be generally be located at the intersection of Chiniak Highway and Pasagshak Road and would favor the frontage along Pasagshak road in a manner to incorporate the bulk of agricultural buildings along that road Case 09- 011 /Staff Report Page 6 of 11 Meeting of: January 21, 2009 CONFORMANCE WITH THE COMPREHENSIVE PLAN: Request for Commercial Use Case 09- 011 /Staff Report Public Hearing Item VI -C frontage. In addition to the proposed subdivision of Tract A, the petitioner has also included Lot 7 of the Northland Ranch Subdivision for rezone to RR2 -Rural Residential Two. The Kodiak Island Borough Regional Comprehensive Plan Update, January 2008, generally calls for two acre lot minimums generally along the along the south side of the Chiniak Highway with five acre lot minimums beyond that first tier of lots. There are also a couple of areas where the two acre density crosses the Chiniak Highway boundary. The map is inconclusive on this point in the area of Kalsin Bay compared to the language of the plan in the narrative given the manner in which areas are colored for the two acres density on the NORTH side of the Chiniak Highway in the Kalsin Bay. In addition, there is a line attaching to this NORTH area which calls for a five acre lot minimum in this very same area (North of the Chiniak Highway) that is colored for two acre density. In this instance, staff is inclined to interpret the map that areas north of the Chiniak Highway can be considered for two acre lot minimums in areas where the low elevations, tidal inundation and anadromous drainages are not a significant factor to development. The Northland Ranch Tract is located south of the Chiniak Highway which would appear to make it eligible for the two acre density referenced in the plan narrative, i.e., two acre lots along the road frontage and five acre lots behind. In addition, the plan calls for a commercial node at the intersection of Chiniak Highway and Pasagshak Road. To a degree, the commercial nodes in the Kalsin Bay area are already represented by the commercial zoning of Lots 3 and 4, Northland Ranch Subdivision, representing more than 15 acres of land. With a two acre minimum size, that provides a great deal of future commercial potential, some which is just now is being developed. The Kalsin Bay area also has a commercial node near the location of the Kalsin Bay Inn which sits on a 10 -acre piece of RNC- Rural Neighborhood Commercial zoned land. Next to the Kalsin Bay Inn are two five (plus) acre vacant parcels of land that were rezoned 12 years ago and not developed. Given that the population of Kodiak is not growing it seems unlikely that there is a need for additional year around commercial land to serve the needs of road system residents. Providing a supply of more commercial land than is currently needed will only tend to devalue commercial lands already in existence due to the elasticity of demand for such lands. In addition, the end result could be either undeveloped commercial land or underdeveloped and marginalized commercial developments. Without more in depth economic data it is hard for staff to adequately project the ultimate outcome of the preceding discussion about commercial (or even residential) demand for land in this area. Staff is comfortable in saying that the plan clearly emphasizes the maintenance of residential values over those of commercial and by designating commercial "nodes" it was intended that these nodes should be fairly small and compact. KIBC 17.95.010 addresses the intent of the RNC zone as follows: 17.95.010 DESCRIPTION AND INTENT. The RNC rural neighborhood commercial zoning district is intended to be applied in areas where public sewer and water service is not available. The rural Page 7 of 11 Meeting of: January 21, 2009 neighborhood commercial zoning district is established for the purpose of providing for limited retail and personal service uses for the consumer population in the immediate neighborhoods in which such uses are located and 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 large volumes of traffic. It is intended to be compactly designed. Neighborhood commercial development in contiguous locations is encouraged to avoid uninterrupted linear commercial development, lessen traffic conflicts, and improve the safety and convenience of customers. Such consolidation may also economically provide for the appropriate screening and/or landscaping buffers needed to protect property values in adjacent residential areas. Without a more definitive presentation of commercial need in this area, staff is not inclined to recommend an increase in commercial area from the current 35 -acres in Kalsin Bay, 15 -acres of which are already located near the Chiniak Highway and Pasagshak Road intersection (Case 08- 006) to more than 45 -acres based on portion of the rezone proposal. With a two acre lot minimum size, that would represent a subdivision potential for about 20 commercial lots over time. Staff would recommend that the entire area in this case be considered for RR2 zoning at this time with the understanding that the petitioner can request further review of the commercial rezone aspects of this case, if and when the demand for additional commercial property is more apparent. In the alternative, the Commission could consider the prospect of down - zoning other vacant or marginal commercial properties in the area such that there would be no net gain of commercial acreage in the area. Another alternative would be to leave the requested 10 to 12 acres as C- Conservation until such time as the zoning is revisited in the future. This would ensure that the existing agricultural buildings and activities would not become nonconforming as they might in either the RR2 or RNC districts. In addition to the concern about a potential over - supply of commercial property in Kalsin Bay, staff would also have concerns about the potential impacts that commercial activity could have on what appears to be a higher value subdivision than is typically seen outside of the urban/suburban Kodiak area. With commercial activity located on the east side of Pasagshak Road from the proposed rezone area the road right -of -way would provide an inherent separation distance and "buffer" between the two acre residential side of the street and the larger lots already subdivided across the street. Request for Lot 7 Case 09- 011 /Staff Report Public Hearing Item VI -C Lot 7, is currently an 8.66 acre lot that was subdivided along the east side of Pasagshak Road along with the other six lots created in Plat 2007 -7. Tract A, a 112.45 acres remainder parcel roughly defined by the intersection of the Chiniak Highway and Pasagshak Road, is an easily distinguishable parcel in the field and on maps due to its size and shape. Staff believes that Lot 7 has more in common with the original lots created by Plat 2007 -7 and that it does not appear to anything in common with Tract A to justify the application of RR2 zoning to that one parcel. Staff would recommend that this lot remain in the C- Conservation zoning district for the present time pending the development of Tract A. At the end of that process, if additional residential Page 8 of 11 Meeting of: January 21, 2009 Request for Tract A Case 09- 011 /Staff Report RECOMMENDATION Public Hearing Item VI -C land is still needed then perhaps it should be considered for a higher density zoning at that time. It should be noted that in terms of permitted uses the RR2 zone is clearly a "down zone" compared to the C- Conservation zoning district even though it does allow for a higher residential density. The petitioner has provided two examples of subdivision potential for Tract A, based upon the existing C- Conservation zoning and upon the proposed RR2 -Rural Residential Two zoning. Because borough codes do not provide the tools to recognize a "Conservation" Subdivision, a rezone to RR2 was felt to be the best way to enable a project like this, subject to the public review process and reconciliation with the applicable provisions of the comprehensive plan. It must be remembered however that the plan is based upon a very broad brush application of proposed uses and when a request is analyzed there is an opportunity to consider an individual site more in depth on the merits of the request. That said, staff recommends that the entirety of Tract A be rezoned from C- Conservation to RR2 -Two family Residential. The reason for making the above recommendation is based on several best planning practices and comparative observations about the Chiniak and Kalsin Bay communities. While the plan references an extrapolations of the existing development trend in Chiniak, i.e. a linear community more than six miles long with frontage along the Chiniak Highway. This is not an efficient manner in which to develop residential property. Similar to the manner in which the plan encourages the clustering of commercial areas in nodes, residential development can also benefit from clustering. It can make the distribution of utilities and the provision of public services more efficient to have a cluster of similarly developed homes in a single close knit location. The clustering of residential development can more easily provide a sense of community when all properties are within easy walking distance and provide a narrower range of residential development options. In addition, the clustering of residential development, as proposed in this case, can also provide an economy of scale for property owners who might wish to form an association to provide a water service or road maintenance service in lieu or forming a borough service district. These considerations are more important for communities located away from the urban /suburban core areas as the relative isolation of the community requires that property owners be more self - reliant in many ways. Having a concentration of residential development, subject to reasonable use standards and density requirements, is one way to promote self - sufficiency on a community basis rather than a strictly individual property owner basis. Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation that Tract A, Northland Ranch Subdivision be rezoned from C- Conservation to RR2- Two - family Residential and that the request for a 10 to 12 acre portion of Tract A to be rezoned from C- Conservation I4 RNC -Rural Neighborhood Commercial be denied and that the request to rezone Lot 7, Northland Ranch Subdivision from C- Conservation IQ RR2- Two - family Residential also be denied. Page 9 of 11 Meeting of: January 21, 2009 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 Tract A, Northland Ranch Subdivision from C- Conservation to RR2- Two- family Residential, and to adopt the "Findings of Fact" in the staff report dated December 17, 2008 in support of this recommendation. The preceding motion should be APPROVED. Move to recommend that the Kodiak Island Borough Assembly approve the rezoning of a 10 to 12 acre portion of Tract A, Northland Ranch Subdivision, located near the intersection of Chiniak Highway and Pasagshak Road, from C- Conservation to RNC -Rural Residential Two; and that the Assembly also approve the rezoning of Lot 7, Northland Ranch Subdivision from C- Conservation to RR2- Two - family Residential. The preceding motion should be DENIED. APPROPRIATE MOTIONS Public Hearing Item VI -C The "Findings of Fact" are drafted to support the recommendations of staff. A decision outcome different from the staff recommendation will need to be addressed by the Commission and /or Assembly in amendments to the draft findings below as deemed appropriate. 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 2008 Kodiak Island Borough Comprehensive Plan Update encourages residential development throughout the Kalsin Bay and Chiniak communities. The plan and map both call for two acre lot minimums along the south side of the Chiniak Highway, however there are some minor discrepancies in the way this is depicted on the map for the Kalsin Bay area and how it is described in the related plan narrative. In this case, it makes sense to provide RR2- Rurual Residential Two zoning, with a two acre minimum lot size in order to allow the developers concept of a "Conservation Subdivision" to move forward to the subdivision process. This will allow the some flexibility to the developer subject to further review by the Planning and Zoning Commission. Even though the plan identifies a commercial node at the intersection of Chiniak Highway and Pasagshak Road, this need is presently met with the existing 15 acres of commercially zoned (RNC) property at this location. All of this land previously belonged to the petitioner in this case and 10 acres were sold to another party. This portion of the request appears to be speculative and there is not adequate demonstration of the need for additional commercial Case 09- 011 /Staff Report Page 10 of 11 Meeting of: January 21, 2009 Public Hearing Item VI -C acreage in the Kalsin Bay Area, either to serve the resident population or the traveling public. There is currently 35 acres of RNC zoned land at the head of Kalsin Bay when the land near the Kalsin Bay Inn is considered. With a minimum lot size of two acres, that represents a considerable potential for further subdivision and development. Lot 7, Northland Ranch Subdivision is contiguous with the other six lots on the east side of Pasagshak Road physically separated from Tract A, Northland Ranch Subdivision by a 100 foot right -of -way easement to the Alaska Department of Transportation & Public Facilities. The majority of Lots 1 through 7 are zoned C- Conservation, with Lots 3 and 4 being zoned RNC- Rural Neighborhood Commercial (Case 08 -006). In terms of the "Conservation Subdivision" concept promoted by the petitioner and the practical aspects of creating a self - contained community identified by staff, it appears to be speculative and a stretch, at this time, to include Lot 7 in the context of the other more compelling justifications presented in this case. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The rezone of Tract A, Northland Ranch Subdivision from C- Conservation to RR2 -Rural Residential Two will provide a balanced approach to the implementation of the 2008 Kodiak Island Borough Comprehensive Plan Update. The land uses permitted in the RR2 -Rural Residential Two zoning are more restrictive than the current C- Conservation zoning district. This will allow the development of a more residential subdivision rather than a zone that allows small scale lodges, agricultural uses and fishing activities on a five acre lot. In many regards although the RR2 zone allows more density of development, one could consider this a "down zone" in terms of the allowable uses and the kind of mixed development that would no doubt occur if the land remains C- Conservation through the subdivision and development process. Recent improvements to the Chiniak Highway have made the road more suitable to support commuting to Kodiak, although it is expected that a certain percentage of homes in this area will be second homes or vacation homes. Case 09- 011 /Staff Report Page 11 of 11 Meeting of: January 21, 2009 KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Northland Ranch, Inc. - Omar Stratman Property owner's name P.O. Box 2376 Property owner's mailing address Kodiak City 486 - 6506/345 - 2134 janet.stratman @gmail.com Home phone Work Phone E - mail Addr. Agnew::Beck Consulting - Chris Beck Agent's name (If applicable) 441 W. 5th Ave, Suite 202 Agent's mailing address Anchorage City Home phone Applicant Information AK State AK State 99615 Zip 99501 Zip 222 - 5424 chris @agnewbeck.com Work Phone E -mail Addr. R5400000140 Property ID Number /s USS 4964 KALSIN BAY Property Information Legal Description Current Zoning: CN Applicable Comprehensive Plan: Kodiak Island Borough Year of Plan adoption: 2008 Present Use of Property: Residential and Agriculture Proposed Use of Property: A high quality residential and commercial environment, using a conservation subdivision approach. Rezone from C- Conservation to RR2 and B- Business (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. X Additional Narrative/History As -built Sury y X Photographs X Maps Other I /�!� 1,Z, I .f Prope Owner's Signature Date Authoriz Agent's S • nature Date A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, El 1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)* Application received by: Staff signature PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per KIB Assembly Resolution Eff. July 1, 2005) Less than 1.75 acres $350.00 1.76 to 5.00 acres $750.00 5.01 to 40.00 acres S1,000.00 40.01 acres or more $1,500.00 KALSIN CREEK RANCH Proposal for Rezoning December 2008 Background Attached is a set of background information related to a proposal to allow for a subdivision of up to 40 lots on a property owned by Omar and Janet Stratman. This property is located on Kodiak Island, just above Kaisin Bay. The parcels lie in a strategic location at the intersection of the Chiniak Highway and Pasagshak Road, approximately 30 miles from the city of Kodiak and 25 miles from the airport. The total property includes eight parcels varying in size from 5 acres to over 100 acres (see parcel map below). Two parcels (lot 7 and 8) are proposed for development, totaling 121 acres. Lot 8, the 1 1 2-acre primary parcel, is generally flat to gently sloping, with the exception of one small hill along the Pasagshak Road. Lot 7, an 8 acre parcel south of the Pasagshak Road, has more topography, rising gently to an elevation roughly 50 feet above the rest of the project area and the Pasagshak Road. The majority of the site is underlain by a thick layer of gravel and is well drained. Planned Use This project proposes subdividing the property into no more than 40 Tots. Up to four of these lots would available for commercial use; the remainder is intended for single family detached residences. Kaisin Creek Conservation Subdivision MY. Iwo 11.+•r 41MD MII 41•urrYwiTM ar M r m.1. /br Iwwbrrr YryrrIlr 4140. M 1 � �lelr 6r ►�.1r-..u. ��r� tiw M.rJq. The goal for the project is to create a high quality residential and commercial environment, using a conservation subdivision approach. Under the conservation subdivision approach, in contrast to a more traditional subdivision, Tots are configured to protect open space and natural areas. For this project, the intent is to retain approximately 1/3 of the land as undeveloped open space, to provide areas for trails, to protect the Kalsin Creek corridor, and retain the area's attractive landscape and historical feel. AGNM aetK Comprehensive Plan Recommendations The Kodiak Island Borough Comprehensive Plan Update, completed in 2004, outlines general priorities for the Kalsin Bay area. The subject parcel is located at the outer, northern end the Chiniak portion of the plan. The general intent expressed in the Chiniak Plan is to maintain a low density residential character for the Chiniak area. Residents and land owners of the Chiniak area understandably want to keep the area's rural character, and to preserve existing wetlands and recreation areas. The Comprehensive Plan Update outlines the following objectives for the Chiniak/Kalsin area. Land along the water at Kalsin Bay is intended for recreational use. - Rural residential land uses should occur on most properties south of the road. Properties directly south of the road would be generally have a minimum lot size of 2 acres for any future development. - Properties south of the rural residential strip would have a 5 acre minimum lot size, with a Conservation land use designation. - A mixed use commercial /residential node at the intersection of the Chiniak and Pasagshak Roads 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. Existing and Proposed Land Use Designations The majority of project area currently is included in the "conservation" land use area identified in the Chiniak Area - Proposed Future Land Use map (see following page). Five acres per lot is the recommended lot size in this area. The comprehensive plan identifies a portion of the site, at the intersection of the two roads, as a "commercial node." The owners of this property are requesting the area be rezoned for two purposes: 1. To allow a subdivision of up to 40 parcels, with parcels ranging from 1 -3 acres. 2. To allow for commercial development, in the area at road intersection, on up to 4 of these parcels. The zoning for the project area today is C- conservation (5 acre minimum). The requested zoning is for RR2 zoning, allowing a lot size of 2 acre, and for a small area in B- business zoning. While this request asks for the zoning to be changed to RR2, which could theoretically allow for 60 lots, the development would include a maximum of 40 lots. Kalsin Creek Conservation Subdivision 2 w U3 Ed 1) >4 0 w 0 P4 0 0 0 as 1 m x cs 0 tO E Kalsin Creek Conservation Subdivision 3 Thirty six of the forty new parcels that would be allowed under this rezone would be residential. Consistent with the Comprehensive Plan, Tots at the intersection of the Chiniak and Pasagshak Roads would be zoned for commercial use. The specific boundaries of these parcels would be defined during the platting process; the intent is to allow up to four lots totaling no more than 10 acres be designated commercial. The eventual subdivision design would ensure adequate buffering between the commercial uses and adjoining residential. Commercial uses expected in this area match what is specified in the comprehensive plan, that is, small -scale commercial businesses to serve the Chiniak area and/or recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. The large majority of the new residential lots and all the commercial lots would be on the 110 acre, lot 8. This request would allow the 8.5 acre, Lot 7, located across the street and which contains a large natural spring, to be divided into at most three parcels. Relationship to Comprehensive Plan The overall intent of the project is to provide an attractive place for seasonal or year round living, and to create a project that takes advantage of and retains the rural character of the area. This proposed rezoning is intended to set the stage for the development of a conservation subdivision, consistent with this intent. The specific layout of the subdivision will be worked out during a subsequent step. A concept drawing of the subdivision is included in the attachment. The conservation subdivision approach helps retain and protect the natural environment and the rural character of the area by retaining a large portion of the area as undeveloped open space, for stream corridors, wildlife protection and trails. This area is judged appropriate for this higher level of residential density due to the reasons specified below: 1. a location at the intersection of two major roads, one of which was recently paved 2. a location designated in the comprehensive plan for commercial development 3. a location away from the established residential areas to the south 4. the physical suitability of the site, including level terrain and well drained soils 5. the ability, based on the rezoning, to develop a conservation subdivision Ka!sin Creek Conservation Subdivision 4 Next Steps - Planning Process As mentioned above, the Stratmans hope to use a conservation subdivision approach to develop this parcel. To get to that point will require two steps. The first is this requested rezone. If the rezone is granted, the Stratmans will come back and request a variance under Borough code to allow for the conservation subdivision. As described above, the conservation subdivision would keep the same number of Tots, but reduce average lot size in order to set aside lands in open space, such as lands along the creek. A variance is required because the Borough regulatory code currently does not have a policy allowing for conservation subdivisions. If the requested rezone is denied, the Stratmans will likely subdivide the parcel into 5 acre parcels, without setting aside open space. Attachments The attached material provides more background on the characteristics of this parcel, as well as presenting more information on the conservation subdivision concept. Presented on behalf of Janet and Omar Stratman November 25, 2008 Kalsin Creek Conservation Subdivision Kodiak Subdivision DRAFT SITE PLAN, DECEMBER 2008 AG h E :BECK Agnew: :Beck Consulting, LLC :: Chris Beck, Principal 441 West Fifth Avenue, Suite 202 :: Anchorage,Alaska 99501 t 907.222.5424 :: f 907.222.5426:: chris @agnewbeck.com Introduction Site & Location Omar and Janet Stratman own a set of parcels on Kodiak Island, just above Kalsin Bay, which leads out to Chiniak Bay. The parcels lie in a strategic location at the intersection of the Chiniak Highway and Pasagshak Road, approximately 30 miles for the city of Kodiak and 25 miles from the airport. Parcels vary in size from 5 acres to over 100 acres; two parcels are planned for development, totaling 121 acres. Past Use Beginning in the 1950's the Stratman land was headquarters of a major ranching operation, which, at one point, included over 800 head of cattle. Evidence of these operations, including hay fields, corrals, ranch buildings and equipment still exist on the acreage. After ranching, the site was run as a 20 -room lodge with horseback riding available to guests. Lodge operations started in 1985 and continued running for approximately twenty years. Since that time several potions of the site were subdivided and sold. Planned Use This project proposes subdividing the property for sales of residential and commercial parcels. The goal for the project is to create a high quality residential and commercial environment, including providing trails, protecting the Kalsin Creek corridor, and retaining the area's attractive landscape and historical feel. General Background Kodiak Island, at 3,588 square miles, is the second largest island in the United States. Only the island of Hawaii is larger. Originally home to the Sun'aq Tribe, Russian explorers came to the area in the mid- 1700's. When Alaska was purchased by the United States in 1867, the City of Kodiak was the second largest town in Alaska, second only to Sitka. The City of Kodiak, at the northeastern tip of the island, is about 250 miles south of Anchorage. The city serves as the major supply and transportation hub for the archipelago's other settlements, and a center for commercial and sport fishing, tourism, and US Coast Guard operations. Table I. Kodiak Borough Population, 1960 -2006 Borough Year Population Tota !Annual raft of change hetwa€ -n Census periods 1960 7,174 1970 9,049 2,235 1980 9,939 530 1990 13,309 3,370 2000 13,913 604 2006 13,506 -407 3.I0% 0.60% 3.30% 0.50% ?? Source: US Census Bureau, DDCED. DRAFT KODIAK SUBDIVISION SITE PLAN 1::1 Land, Environment & Climate Kodiak Island is an extension of the Kenai Mountains to the north. Much of the island is hilly or mountainous with an irregular coastline of sea cliffs, steep -walled bays or, in many of the stream and river valleys, flat meadows. Most of Kodiak Island is in the Kodiak National Wildlife Refuge. Kodiak is most well-known for its Kodiak brown bear. Other animals include elk, deer, fox, rabbits, beavers, muskrats, mice and squirrels. Among these only the red fox is listed as an invasive species in the Kodiak Island Borough Comprehensive Plan Update, 2004. Birds of the area include eagle, ptarmigan, grouses, sea gulls, raven, curlews, sparrows and magpies (Soil Survey, 1960). The Eskimo curlew and the Short - tailed albatross are listed as State Endangered Species. Kodiak Island enjoys generally mild coastal weather with an annual rainfall of 67.6 inches. The terrain of a majority of the island is mountainous areas with typical alpine vegetation below the peaks. Steep mountains below 3,000 feet have dense shrub and ground cover. Lower slopes and valley floors are covered by sand and gravel of glacial origin, valley alluvium, alluvial fans, talus deposits, and ash from the 1912 eruption of Mt. Katmai. Cottonwood and occasionally Kenai birch, are common stands along the lower reaches of major drainages. The volcanic eruption in 1912 of Mt. Novarupta /Katmai on the Alaska Peninsula covered many areas of Kodiak Island with an average of 12 inches of soot with some areas receiving 24 inches or more (Soil Survey, 1960) and eruptions from the Alaska Peninsula remain a hazard. Other geologic hazards include a high earthquake potential. Kodiak Island has several major active faults, many of which run along the south- eastern edge of the island. Two magnitude 7 earthquakes in 1999 and 2000 on the south end of the island were the result of activity in these faults. In addition, Kodiak has experienced at least 14 earthquake generated tsunamis since settlement by the Russians in the late 1700's (Comp Plan, 2004). Market Discussions with local real estate firms provided information on the Kodiak market. The market for housing in Kodiak is considered stable and healthy. Through 2007 Kodiak experienced a strong building boom. Over the past five years inventory has been low compared to the demand and most homes sold in considerably less than 30 days, most less than a week. Much of this demand is internal, primarily linked to staffing at the US Coast Guard station. The U.S. Coast Guard (USCG), as part of the Department of Homeland Security, manages a large base on Kodiak Island, located on the southwester fringe of the Kodiak urban area. At over 21,000 acres it is one of the largest Coast Guard bases in the county. In the last year, the market's upward trend in and near the City of Kodiak has slowed but remains positive. Demand for outlying parcels is examined in a following section. DRAFT KODIAK SUBDIVISION SITE PLAN 1::3 1000 horizontal feet to elevations roughly 100 feet above the rest of the project area and the Pasagshak Road. The majority of the 112 acre site is underlain by a thick layer of gravel and is well drained. Hydrology The parcel has one creek, Kalsin Creek, and several springs on the south side of the road running through it. Additionally, a pond, created as part of the gravel extraction that was conducted on the parcel, exists in the south- east corner of the property. This pond allows for a small, artificial, outlet flowing into Kalsin Creek. Detailed wetland and flooding information is not available for the site. Rainfall in the Chiniak area averages between 70 and 100 inches per year and is fairly evenly distributed throughout the year (Kodiak Comp Plan, 2004). Kalsin Creek has a relatively small watershed (compared to Olds River further east) The National Wetland Inventory (NWI) reports that much of lower -lying portions of the site have potential for the presence of wetlands. The NWI maps and information are compiled through photo interpretation of aerial photography, supplemented by soil surveys. The minimum mapping unit for these is from 1 to 3 acres depending on the wetland type and the quality of the aerial photography. The most recent soil survey of Kodiak was completed in 1960. This survey is being updated by the Natural Resources Conservation Service (MRCS) but is unlikely to be completed at the time of this document's completion. Early information from the survey indicates that areas of generally flat and level surfaces have a water table that is at least 100 cm below the surface. No detailed floodplain maps are currently available; in the experience of the landowners Kalsin Creek has not been subject to serious flooding.The prior soils report defines much of the area has having the presence of Salonie, Pasagshak, Kalsin, Kodiak and Olds soils. Salonie, Pasagshak, Kalsin are floodplain soils that have a water table at some time in the year. Salonie is the better drained of the set with a thicker fine textured surface over sands and gravels than Pasagshak. Well drained Kodiak soils are on most of the linear hillslopes nearby. These soils are moderately well- draining but there are likely a lot of seasonally wet soils on the property with some having gravels near the surface. A detailed analysis of the site could result in a change in the definition of these wetland areas. It is likely that some of these areas would not meet the wetland classification upon site inspection. Vegetation Like much of northeast Kodiak, the area south of the road is covered by a combination of natural, open meadows and stands of mature Sitka Spruce with underlying blueberry, devil's club and salmonberry. To the north of the road, the area takes in open lands that are a mixture of natural grasslands and sedges, cleared areas that were maintained as hay field, and areas of cottonwood, alders and willows. DRAFT KODAK SUBDIVISION SITE PLAN 1::5 Opportunities to purchase private parcels, residences, second homes and commercial property in the Chiniak and Pasagshak areas are limited. While individuals do commute into Kodiak and the Coast Guard base from these areas, the primary demand for real estate in this area is for access to fishing rivers and for second homes or vacation properties. The Pasagshak area gives one perspective on the demand for these of lands. This area was subdivided in the early 1970's. Since that time, all of the lots have been sold and over half now have homes. As the Pasagshak Road gets paved, a project that is underway at present, demand for property in the area is expected to grow, both for commercial and residential uses. Site Amenities, Opportunities and Constraints Opportunities There are many features that contribute to the desirability of this site for development. The location of the site at the intersection of two important local roads, Pasagshak Road and Chiniak Highway, is notable, especially as the plans to pave Pasagshak Road are completed. The physical attributes of the site also contribute to its desirability. Key site amenities include: • Recreation including access to fishing, hunting, hiking; including a future State recreation area planned for a site at the Olds River. • Access to the ocean and attractive beach • Good view including vistas of surrounding hills and mountains; and a setting along Kalsin Creek • Rural character and historical nature The location would provide an area for vacation as well as a base camp for fishermen and hunters as well as horses. Constraints Several constraints affect the desirability of the site. Portions of the area have seasonally poorly drained soils and may be classified as wetlands. Determining the specific location of wetlands requires more detailed site survey work. Kalsin Creek has limited flood potential, which can be addressed through a combination of setting buildings back from the creek, and raising foundations above potential flood levels. Other potential constraints include the island -wide possibility of seismic and volcanic activity. Regulatory Context Comprehensive Plan The Kodiak Island Borough Comprehensive Plan Update, completed in 2004, outlines general priorities for the Kalsin Bay area. This document was preceded in this area by the Chiniak Area Comprehensive Plan (1987). DRAFT KODIAK SUBDIVISION SITE PLAN 1 ::7 Kodiak - Aerial Alaska State Plane, Zone 5, NAD 1927 File 1(odiak_aerial.mxd,7 /02/08 1 :9,771 DRAFT KODIAK SUBDIVISION SITE PLAN All data courtesy of Omar Stratman, Kodiak Island Borough and State of Alaska. This map was compiled for Omar Stratman, assistance from Agnew:Beck. AGNEW ::BECK ::91.. N 0 :$2 0 :0 = 8 0. tI g DRAFT KODIAK SUBDIVISION SITE PLAN 1 1 1 Kodiak S bdivision ativax t/ OPTION 1 TRADITIONAL LARGE PARCEL SUBDIVISION 17 PARCELS SIZE RANGES FROM S.4 ACRE No4 Eao ftweiro L NAO MU RfcReYJnplasil.74011 MAN ■ N M mousy atOmo know& Yadhh Wand Mo-aighsad San 'mho: fhb amp gm templed for Omer Satan".µ aerono CrawAprrAod o 75 t5o 300 F zip DRAFT KODIAK SUBDIVISION SITE PLAN 1::13 DRAFT KODIAK SUBDIVISION SITE PLAN 1::15 KALSIN CREEK RANCH Proposal for Rezoning December 2008 Background Attached is a set of background information related to a proposal to allow for a subdivision of up to 40 lots on a property owned by Omar and Janet Stratman. This property is located on Kodiak Island, just above Kalsin Bay. The parcels lie in a strategic location at the intersection of the Chiniak Highway and Pasagshak Road, approximately 30 miles from the city of Kodiak and 25 miles from the airport. The total property includes eight parcels varying in size from 5 acres to over 100 acres (see parcel map below). Two parcels (lot 7 and 8) are proposed for development, totaling 121 acres. Lot 8, the 1 1 2-acre primary parcel, is generally flat to gently sloping, with the exception of one small hill along the Pasagshak Road. Lot 7, an 8 acre parcel south of the Pasagshak Road, has more topography, rising gently to an elevation roughly 50 feet above the rest of the project area and the Pasagshak Road. The majority of the site is underlain by a thick layer of gravel and is well drained. Planned Use This project proposes subdividing the property into no more than 40 lots. Up to four of these lots would available for commercial use; the remainder is intended for single family detached residences. Kaisin Creek Conservation Subdivision /r.+f.• h...i.+SAW NW www.r.w.+cAar Mao winow I Owr ►.M1wlat w 11.+,x..1lM..lMr. The goal for the project is to create a high quality residential and commercial environment, using a conservation subdivision approach. Under the conservation subdivision approach, in contrast to a more traditional subdivision, lots are configured to protect open space and natural areas. For this project, the intent is to retain approximately 1/3 of the land as undeveloped open space, to provide areas for trails, to protect the Kalsin Creek corridor, and retain the area's attractive landscape and historical feel. AGNEW 9fik Comprehensive Plan Recommendations The Kodiak Island Borough Comprehensive Plan Update, completed in 2004, outlines general priorities for the Kalsin Bay area. The subject parcel is located at the outer, northern end the Chiniak portion of the plan. The general intent expressed in the Chiniak Plan is to maintain a low density residential character for the Chiniak area. Residents and land owners of the Chiniak area understandably want to keep the area's rural character, and to preserve existing wetlands and recreation areas. The Comprehensive Plan Update outlines the following objectives for the Chiniak/Kalsin area. Land along the water at Kalsin Bay is intended for recreational use. - Rural residential land uses should occur on most properties south of the road. Properties directly south of the road would be generally have a minimum lot size of 2 acres for any future development. - Properties south of the rural residential strip would have a 5 acre minimum lot size, with a Conservation land use designation. A mixed use commercial /residential node at the intersection of the Chiniak and Pasagshak Roads 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 Chinlak area and small scale recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. Existing and Proposed Land Use Designations The majority of project area currently is included in the "conservation" land use area identified in the Chiniak Area - Proposed Future Land Use map (see following page). Five acres per lot is the recommended lot size in this area. The comprehensive plan identifies a portion of the site, at the intersection of the two roads, as a "commercial node." The owners of this property are requesting the area be rezoned for two purposes: I. To allow a subdivision of up to 40 parcels, with parcels ranging from 1 -3 acres. 2. To allow for commercial development, in the area at road intersection, on up to 4 of these parcels. The zoning for the project area today is C- conservation (5 acre minimum). The requested zoning is for RR2 zoning, allowing a lot size of 2 acre, and for a small area in B- business zoning. While this request asks for the zoning to be changed to RR2, which could theoretically allow for 60 Tots, the development would include a maximum of 40 lots. Kalsin Creek Conservation Subdivision 2 its N sJ4 0 2 h i a c0 td M-1 to 0 0 0 z3 vs 0 b4 Ka!sin Creek Conservation Subdivision 3 Thirty six of the forty new parcels that would be allowed under this rezone would be residential. Consistent with the Comprehensive Plan, lots at the intersection of the Chiniak and Pasagshak Roads would be zoned for commercial use. The specific boundaries of these parcels would be defined during the platting process; the intent is to allow up to four lots totaling no more than 10 acres be designated commercial. The eventual subdivision design would ensure adequate buffering between the commercial uses and adjoining residential. Commercial uses expected in this area match what is specified in the comprehensive plan, that is, small -scale commercial businesses to serve the Chiniak area and /or recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area. The large majority of the new residential lots and all the commercial lots would be on the 110 acre, lot 8. This request would allow the 8.5 acre, Lot 7, located across the street and which contains a large natural spring, to be divided into at most three parcels. Relationship to Comprehensive Plan The overall intent of the project is to provide an attractive place for seasonal or year round living, and to create a project that takes advantage of and retains the rural character of the area. This proposed rezoning is intended to set the stage for the development of a conservation subdivision, consistent with this intent. The specific layout of the subdivision will be worked out during a subsequent step. A concept drawing of the subdivision is included in the attachment. The conservation subdivision approach helps retain and protect the natural environment and the rural character of the area by retaining a large portion of the area as undeveloped open space, for stream corridors, wildlife protection and trails. This area is judged appropriate for this higher level of residential density due to the reasons specified below: I. a location at the intersection of two major roads, one of which was recently paved 2. a location designated in the comprehensive plan for commercial development 3. a location away from the established residential areas to the south 4. the physical suitability of the site, including level terrain and well drained soils 5. the ability, based on the rezoning, to develop a conservation subdivision Kaisin Creek Conservation Subdivision 4 Next Steps - Planning Process As mentioned above, the Stratmans hope to use a conservation subdivision approach to develop this parcel. To get to that point will require two steps. The first is this requested rezone. If the rezone is granted, the Stratmans will come back and request a variance under Borough code to allow for the conservation subdivision. As described above, the conservation subdivision would keep the same number of Tots, but reduce average lot size in order to set aside lands in open space, such as lands along the creek. A variance is required because the Borough regulatory code currently does not have a policy allowing for conservation subdivisions. If the requested rezone is denied, the Stratmans will likely subdivide the parcel into 5 acre parcels, without setting aside open space. Attachments The attached material provides more background on the characteristics of this parcel, as well as presenting more information on the conservation subdivision concept. Presented on behalf of Janet and Omar Stratman November 25, 2008 Kalsin Creek Conservation Subdivision 5 Kodiak Subdivision DRAFT SITE PLAN, DECEMBER 2008 Agnew: :Beck Consulting, LLC :: Chris Beck, Principal 44I West fifth Avenue, Suite 202 :: Anchorage, Alaska 99501 t 907.222.5424:: f 907.222.5426 : : chris @agnewbeck.com Introduction Site & Location Omar and Janet Stratman own a set of parcels on Kodiak Island, just above Kalsin Bay, which leads out to Chiniak Bay. The parcels lie in a strategic location at the intersection of the Chiniak Highway and Pasagshak Road, approximately 30 miles for the city of Kodiak and 25 miles from the airport. Parcels vary in size from 5 acres to over 100 acres; two parcels are planned for development, totaling 121 acres. Past Use Beginning in the 1950's the Stratman land was headquarters of a major ranching operation, which, at one point, included over. 800 head of cattle. Evidence of these operations, including hay fields, corrals, ranch buildings and equipment still exist on the acreage. After ranching, the site was run as a 20 -room lodge with horseback riding available to guests. Lodge operations started in 1985 and continued running for approximately twenty years. Since that time several potions of the site were subdivided and sold. Planned Use This project proposes subdividing the property for and commercial parcels. The goal for the project is residential and commercial environment, including protecting the Kalsin Creek corridor, and retaining landscape and historical feel. General Background Kodiak Island, at 3,588 square miles, is the second largest island in the United States. Only the island of Hawaii is larger. Originally home to the Sun'aq Tribe, Russian explorers came to the area in the mid- 1700's. When Alaska was purchased by the United States in 1867, the City of Kodiak was the second largest town in Alaska, second only to Sitka. The City of Kodiak, at the northeastern tip of the island, is about 250 miles south of Anchorage. The city serves as the major supply and transportation hub for the archipelago's other settlements, and a center for commercial and sport fishing, tourism, and US Coast Guard operations. Table I. Kodiak Borough Population, 1960 -2006 Borough Year Poputatirrn Tot C1�asagt Annual r•atc E Cc •nTSuS perisids 1960 1970 1980 1990 2000 2006 7.174 9,049 9,939 13,309 13,913 13,506 2,235 530 3,370 604 -407 3.10% 0.60% 3.30% 0.50% ?1 Source: US Census Bureau, DDCED. DRAFT KODIAK SUBDIVISION SITE PLAN sales of residential to create a high quality providing trails, the area's attractive 1••1 Kodiak Overview 0 0.250.5 I mks I ::2 Alaska Suite Plane, Zone 5. NAD 927 File. Kodiak overview.mxd, 7/02/08 1.73,633 M data courtesy of Kodiak Island Borough and State of Alaska. This map was compiled for Omar Stratman, with assistance from Agnew::Beck. u AGNEW ARK DRAFT KODIAK SUBDIVISION SITE PLAN Land, Environment & Climate Kodiak Island is an extension of the Kenai Mountains to the north. Much of the island is hilly or mountainous with an irregular coastline of sea cliffs, steep -walled bays or, in many of the stream and river valleys, flat meadows. Most of Kodiak Island is in the Kodiak National Wildlife Refuge. Kodiak is most well -known for its Kodiak brown bear. Other animals include elk, deer, fox, rabbits, beavers, muskrats, mice and squirrels. Among these only the red fox is listed as an invasive species in the Kodiak Island Borough Comprehensive Plan Update, 2004. Birds of the area include eagle, ptarmigan, grouses, sea gulls, raven, curlews, sparrows and magpies (Soil Survey, 1960). The Eskimo curlew and the Short - tailed albatross are listed as State Endangered Species. Kodiak Island enjoys generally mild coastal weather with an annual rainfall of 67.6 inches. The terrain of a majority of the island is mountainous areas with typical alpine vegetation below the peaks. Steep mountains below 3,000 feet have dense shrub and ground cover. Lower slopes and valley floors are covered by sand and gravel of glacial origin, valley alluvium, alluvial fans, talus deposits, and ash from the 1912 eruption of Mt. Katmai. Cottonwood and occasionally Kenai birch, are common stands along the lower reaches of major drainages. The volcanic eruption in 1912 of Mt. Novarupta /Katmai on the Alaska Peninsula covered many areas of Kodiak Island with an average of 12 inches of soot with some areas receiving 24 inches or more (Soil Survey, 1960) and eruptions from the Alaska Peninsula remain a hazard. Other geologic hazards include a high earthquake potential. Kodiak Island has several major active faults, many of which run along the south- eastern edge of the island. Two magnitude 7 earthquakes in 1999 and 2000 on the south end of the island were the result of activity in these faults. In addition, Kodiak has experienced at least 14 earthquake generated tsunamis since settlement by the Russians in the late 1700's (Comp Plan, 2004). Market Discussions with local real estate firms provided information on the Kodiak market. The market for housing in Kodiak is considered stable and healthy. Through 2007 Kodiak experienced a strong building boom. Over the past five years inventory has been low compared to the demand and most homes sold in considerably less than 30 days, most less than a week. Much of this demand is internal, primarily linked to staffing at the US Coast Guard station. The U.S. Coast Guard (USCG), as part of the Department of Homeland Security, manages a large base on Kodiak Island, located on the southwester fringe of the Kodiak urban area. At over 21,000 acres it is one of the largest Coast Guard bases in the county. In the last year, the market's upward trend in and near the City of Kodiak has slowed but remains positive. Demand for outlying parcels is examined in a following section. DRAFT KODIAK SUBDIVISION SITE PLAN 1 ::3 figure I. Number of building permits, 1988 -2004 250 200 150 110 S O Overview Easements 0 Connaeras� Residential Total Source: Kodiak Convention &Visitors Bureau Site Characteristics The site is located on the southern side of the broad valley formed by the Olds River, which flows down from Summit Lake The Marin Range rises to south side of this valley. The site itself is fairly level with the portion of the parcels south of Pasagshak road rising into gently rolling hills which continue into the Marin Range. Table 2. Parcel Acreage 5.00 6.08 10.38 5.55 6.02 5.90 8.66 112.45 There are eight parcels in the Stratman acreage. Of those only two, Lots 7 and 8 in Table 1.2, are examined in this report. The combined acreage of these lots is 121 acres. Other parcels, not considered in this report, range between five and ten acres. Within this area several existing and proposed easements are present. One existing 20' electrical easement and a 60' utility and access easement and additional electrical easement of 40' created in the most recent plat. Pasagshak road has easement of 50' either side of centerline. Chiniak Hwy. has an easement of 100' either side of centerline Topography and Surface Geology The 112 acre primary parcel is generally flat to gently sloping, with exception of one small hill along the Pasagshak Road. The land south of the Pasagshak Road has more topography, rising gently over approximately 1 ::4 DRAFT KODIAK SUBDIVISION SITE PLAN 1000 horizontal feet to elevations roughly 100 feet above the rest of the project area and the Pasagshak Road. The majority of the 112 acre site is underlain by a thick layer of gravel and is well drained. Hydrology The parcel has one creek, Kalsin Creek, and several springs on the south side of the road running through it. Additionally, a pond, created as part of the gravel extraction that was conducted on the parcel, exists in the south- east corner of the property. This pond allows for a small, artificial, outlet flowing into Kalsin Creek. Detailed wetland and flooding information is not available for the site. Rainfall in the Chiniak area averages between 70 and 100 inches per year and is fairly evenly distributed throughout the year (Kodiak Comp Plan, 2004). Kalsin Creek has a relatively small watershed (compared to Olds River further east) The National Wetland Inventory (NWI) reports that much of lower -lying portions of the site have potential for the presence of wetlands. The NWI maps and information are compiled through photo interpretation of aerial photography, supplemented by soil surveys. The minimum mapping unit for these is from 1 to 3 acres depending on the wetland type and the quality of the aerial photography. The most recent soil survey of Kodiak was completed in 1960. This survey is being updated by the Natural Resources Conservation Service (NRCS) but is unlikely to be completed at the time of this document's completion. Early information from the survey indicates that areas of generally flat and level surfaces have a water table that is at least 100 cm below the surface. No detailed floodplain maps are currently available; in the experience of the landowners Kalsin Creek has not been subject to serious flooding.The prior soils report defines much of the area has having the presence of Salonie, Pasagshak, Kalsin, Kodiak and Olds soils. Salonie, Pasagshak, Kalsin are floodplain soils that have a water table at some time in the year. Salonie is the better drained of the set with a thicker fine textured surface over sands and gravels than Pasagshak. Well drained Kodiak soils are on most of the linear hillslopes nearby. These soils are moderately well- draining but there are likely a lot of seasonally wet soils on the property with some having gravels near the surface. A detailed analysis of the site could result in a change in the definition of these wetland areas. It is likely that some of these areas would not meet the wetland classification upon site inspection. Vegetation Like much of northeast Kodiak, the area south of the road is covered by a combination of natural, open meadows and stands of mature Sitka Spruce with underlying blueberry, devil's club and salmonberry. To the north of the road, the area takes in open lands that are a mixture of natural grasslands and sedges, cleared areas that were maintained as hay field, and areas of cottonwood, alders and willows. DRAFT KODIAK SUBDIVISION SITE PLAN ••5 Natural Resources and Habitat While none of the streams running through the site are designated as anadromous, several streams in the Chiniak area hold that designation. Streams in the Chiniak area that are designated as anadromous are Rosyln Creek, West Fork Twin Creek, East Fork Twin Creek, and the Chiniak River. Anadromous fish species found in these streams include coho, or silver, salmon, chum and pink salmon. The Olds and Pasagshak rivers also offer silver and pink runs. Kalsin Creek, while not designated as anadromous has, with the presence of the small pond on the site, created a small run of fish. And one area in Kalsin Bay becomes a salmon spawning area during August and September. Terrestrial animals include the variety of wildlife generally available to the area, including bear, deer, fox; and birdlife including eagles and a wide range of waterfowl and other birdlife Market Trends As described earlier, the demand for housing in the Kodiak area is high. The availability of vacant land on the island is a premium. Much of the island is owned maintained for federal, state or borough uses. In addition the large presence of the United State Coast Guard places a continuous demand on the housing market. In 2006 the 22,000 acre Support Center employed 1,450 people (1,130 active duty and approximately 320 employees). According to local real estate agents almost 60% of home sales go to families and individuals in the Coast Guard. The local market remains strong and fishing remains popular as an activity that draws people to the area. Kodiak Borough Land Ownership Federal Katmai National Park Kodiak Island National Wildlife Refuge (NWR) Total Federal State Department of Natural Resources State Parks Total State Borough Cities Kodiak Total Cities Native Corporation orTribeNillage Afognak Native Corporation Old Harbor Native Corporation Total Native Land Source: Kodiak Island Borough Comprehensive Plan Update, 2004 1.1 million 1.9 million 3,466,459 93,209 122,535 228,719 38,000 12,302 18,719 216,259 93,369 683,185 24.70% 42.70% 78% 2.20% 2.80% 5.10% 0.80% 0.28% 0.40% 4.90% 2.10% 15.40% Total for All Owners 4,435,082 100% 1 ::6 DRAFT KODIAK SUBDIVISION SITE PLAN Opportunities to purchase private parcels, residences, second homes and commercial property in the Chiniak and Pasagshak areas are limited. While individuals do commute into Kodiak and the Coast Guard base from these areas, the primary demand for real estate in this area is for access to fishing rivers and for second homes or vacation properties. The Pasagshak area gives one perspective on the demand for these of lands. This area was subdivided in the early 1970's. Since that time, all of the lots have been sold and over half now have homes. As the Pasagshak Road gets paved, a project that is underway at present, demand for property in the area is expected to grow, both for commercial and residential uses. Site Amenities, Opportunities and Constraints Opportunities There are many features that contribute to the desirability of this site for development. The location of the site at the intersection of two important local roads, Pasagshak Road and Chiniak Highway, is notable, especially as the plans to pave Pasagshak Road are completed. The physical attributes of the site also contribute to its desirability. Key site amenities include: • Recreation including access to fishing, hunting, hiking; including a future State recreation area planned for a site at the Olds River. • Access to the ocean and attractive beach • Good view including vistas of surrounding hills and mountains; and a setting along Kalsin Creek • Rural character and historical nature The location would provide an area for vacation as well as a base camp for fishermen and hunters as well as horses. Constraints Several constraints affect the desirability of the site. Portions of the area have seasonally poorly drained soils and may be classified as wetlands. Determining the specific location of wetlands requires more detailed site survey work. Kalsin Creek has limited flood potential, which can be addressed through a combination of setting buildings back from the creek, and raising foundations above potential flood levels. Other potential constraints include the island -wide possibility of seismic and volcanic activity. Regulatory Context Comprehensive Plan The Kodiak Island Borough Comprehensive Plan Update, completed in 2004, outlines general priorities for the Kalsin Bay area. This document was preceded in this area by the Chiniak Area Comprehensive Plan (1987). DRAFT KODIAK SUBDIVISION SITE PLAN 1 ::7 Kodiak - Survey Map s Electrical Easement Alaska State Plane, Zone 5, NAD 1927 File: Kodiak_aerial.mxd, 7102108 1:6,906 1 ::8 All data courtesy of Omar Stratman, Kodiak Island Borough and State of Alaska. This map was compiled for Omar Stratman, with assistance from Agnew::Beck DRAFT KODIAK SUBDIVISION SITE PLAN Kodiak - Aerial Alaska State Plane, Zone S, NAD 1927 file Kodlak_aerial.mxd, 7/02/08 1.9,771 DRAFT KODIAK SUBDIVISION SITE PLAN All data courtesy of Omar Stratman, Kodiak Island Borough and State of Alaska. This map was compiled for Omar Stratman, with usistance from Agnew::Beck AGNEW =:BECK I : :9 In 2004, a process began to update the Chiniak Comprehensive Plan. This update was put on hold at the beginning of the Borough planning process, with the intent that the Borough Plan would incorporate the changes sought in the Chiniak plan update. Overview of Borough Land Use Policies The Borough's Comprehensive Plan emphasizes a low density residential character for the Chiniak and Kalsin Bay areas. Residents and land owners of the Chiniak area understandably want to keep the area's mostly undeveloped, rural character, and to preserve existing wetlands and recreation areas. The general desire is for large minimum lot sizes for the Chiniak community and to avoid clustering or zero -lot -line development. Current zoning in the area is RR, RRl, RR2 and C- Conservation. A corridor was created along the Chiniak Road for development with minimum lot sizes at 2 acres. All other areas south of this would be subject to a 5 acre minimum lot size and a Conservation land use designation. The Kodiak Island Borough Comprehensive Plan Update outlined the following objectives for the Chiniak /Kalsin area • Land along the water at Kalsin Bay is intended for recreational use. • Rural residential land uses should occur on most properties south of the road. Properties directly south of the road would be generally have a minimum lot size of 2 acres for any future development. • Properties south of the rural residential strip would have a 5 acre minimum lot size, with a Conservation land use designation. • A rural mixed use commercial/residential "node" is identified at the intersection of the Chiniak and Pasagshak Roads, to provide opportunities for small -scale commercial businesses, as well as residential uses.. Commercial activities at these sites are intended for small local businesses to serve the Chiniak area, travelers along the Chiniak or Pasagshak roads, and small scale recreation /tourist oriented businesses to take advantage of the scenic and recreational qualities of the area.. Overview of Development Options Resource Goals The goals of this site development plan are to allow for attractive residential and commercial development while retaining the natural environment and the rural and historical character of the site. By maintaining greenbelts and natural corridors in the parcel and by focusing on smaller lots, the plan is able to achieve these goals. Available and planned infrastructure Currently, road access, telephone and electrical hook -ups are available on the site. Soils offer good drainage, sufficient for the successful use of either 1 : : DRAFT KODIAK SUBDIVISION SITE PLAN 1::12 individual on -site or community wastewater treatment. Water for domestic use is available, either from one of several small springs on the site, or using individual or community wells. Plan Map See drawings next two pages. (Note: these plans are preliminary and only intended to illustrate a general approach to site development) Plan Details The plans on the following pages illustrate two options for the development of the site: Option I — Traditional Subdivision This option shows how the parcel might be subdivided under existing zoning, with lots at least 5 acres in size. Under this approach 100% of the land would be subdivided and sold, with a development setback along the river. Option 2 — Conservation Subdivision A "conservation subdivision" refers to the idea of a reducing lot sizes while expanding the area set aside for open space, trails, drainage and other open space uses. The drawing presented on the second page following is not a final proposal, but is intended to illustrate how this general concept might be applied to this property. Under this approach, development is clustered in a smaller portion of the project area, allowing a larger area to be retained in open space, wildlife, trails and to retain a general sense of the natural environment. DRAFT KODIAK SUBDIVISION SITE PLAN z DRAFT KODIAK SUBDIVISION SITE PLAN 1 ::11 OPTION TRADITIONAL LARGE PARCEL SUBDIVISION 17 FIARELS SIZE RANGES FROM S -9 ACRES o x ISO 300 M kaSaa Amw.Zer &MAO 1117 Ilia Kailluasissd 77lA0 1$/00 DRAFT KODIAK SUBDIVISION SITE PLAN M 0im mwory dOmer 7u+mualtMfY Yae0Se sod Saes alMWa 71.1, ny Ann tumid Mr Omoriosmon.MA minims 0ua w. i, 1::13 1::14 Kodiak Subdivision OPTION 2 KALSIN RIVER RANCH ESTATES- ILLUSTRATIVE SITE LAYOUT* 40 PARCELS 36 RESIDENTIAL PARCELS FROM 1.5 -2 ACRES 4 COMMERCIAL PARCELS 35 ACRES ESTIMATED OPEN SPACE * Concept drawing for discussion purposes only, Abdo Sao thow.Zenc S,NAD 1f17 A1cModelurvcd mot MANI CAW At dm teensy eLfhw forrnfn, Odd ) W Sete* ted 600 of AMb, Ts map .m a"^PNd..49r Oma Fam Apyr..MnA o 75 150 300 Feet DRAFT KODIAK SUBDIVISION SITE PLAN DRAFT KODIAK SUBDIVISION SITE PLAN 1: :15 Agnew; :Beck Consulting, LLC 6 N E 441 West Fifth Avenue, Suite 202 :: Anchorage,Alaska 99501 t 907.222.5424 :: f 907.222.5426 :: www.agnewbeck.com :: [3 E C 1< CASE: APPLICANT: AGENT: REQUEST: 0 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOTICE Hearing Item VI -C A public hearing will be held on Wednesday, January 21, 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: 09 - 011 Northland Ranch Inc. Agnew::Beck Consulting — Chris Beck An investigation, according to KIBC 17.205.030.A, (Manner of Initiation), to consider the rezone of Lot 7 and a majority portion of Tract A, Northland Ranch Subdivision (per Plat 2007 -7), frm C- Conservation IQ RR2 -Rural Residential Two; and, The rezone of a minority portion of Tract A, Northland Ranch Subdivision (approximately 10 to 12 acres out of 112 acres total) from C- Conservation to RNC -Rural Neighborhood Commercial. LOCATION: USS 4964 Tract A Kalsin Bay, 32140 Pasagshak Road ZONING: C- Conservation 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, January 14, 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: Ff rl t d Mailing Address: 2-1 Cj � `. S S (J Your property description: L 0 3 N e 64 \ LA .S Uj Comments: sk) nn,` APP62oPP.k r� era — � t t Mel "n-- �-,�a \ h t� �ETA e N A E. C O Q - E CZAr ,P.Re — aa R LRE.A 1 A-p. tk at_S t) E-S S L.0 •1 ALLE.1 klA - ARt=►i v C E L--CD e, Lbcs L " 4. 1 ' fL ;s, 3's 4Z .F c, - LA. ' LAD &.,1 c . 'S'� -1 t'6iE \ S A �z"C� � cis �A - 1s - t-- P JAN 1 2 2009 .J COMMUNITY DEVVELOPM'N! DEPW ,, *� TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING ITEM NO: 13.D.1 An Appeal to the Planning and Zoning Commission's Decision on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School). SUMMARY: 16.90.070 Appeal hearing. D. The assembly shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. 16.90.090 Decision. A. The assembly shall either affirm or reverse the decision of the commission in whole or in part. If the assembly fails to approve the reversal of the commission's decision, that decision is affirmed. Where the assembly decides that a finding of fact by the commission is not supported by substantial evidence, it shall make its own finding on the factual issue based upon the evidence in the record. B. Every decision of the assembly to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the assembly. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities a clear and precise understanding of the reason for the decision. Eighty -two public hearing notices were mailed. Notices returned will be attached to meeting guidelines. APPROVAL FOR AGENDA: Recommended motions are on the next page. Or KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING RECOMMENDED MOTION: Move to affirm (in whole or in part) the Planning and Zoning Commission's decision on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School). Note: If the Assembly fails to affirm, a motion to reverse is in order. Recommended motion: Move to reverse (in whole or in part) the Planning and Zoning Commission's decision on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School). Note: If the Assembly fails to reverse, the decision is affirmed. 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 APPEAL HEARING This notice is being sent to you because our records indicate that you are entitled to notice of the original commission proceeding regarding Case No. S09 -010, Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1 A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) The Kodiak Island Borough Planning and Zoning Commission, at its meeting on December 17, 2008, adopted Findings of Fact in support of its denial of preliminary approval and the vacation of the above referenced case. This case is going to be heard before the Kodiak Island Borough Assembly Thursday, February 19, 2009 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal may be submitted by email to niavierakodiakak.us, faxed at 907 - 486 -9391, mailed 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, February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. Per KIBC 16.90.070(B) At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission, may present oral argument.The following may present oral argument before the board: persons who have submitted written argument on this appeal, or submitted timely written comments to the commission, or testified before the commission. A copy of the appeal record is available for public inspection in the Borough Clerk's Office. Any person may obtain a copy upon payment of the appropriate fee, and any party to an appeal may request verbatim transcript of the proceedings before the commission by filing a request accompanied by a cash deposit. Per KIBC 16.90.050(C) The appeal record shall be completed within 10 working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefore, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice of completion of the transcript, the person requesting it shall pay the actual cost thereof or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. Per KIBC 16.90.050(E) A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. For any questions regarding this appeal, please call the Borough Clerk's Office at 486 -9310. Attached are the following: Appeal Hearing Form Appellants' Notice of Appeal APPEAL HEARING FORM An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) ❑ This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: Residence Address: Mailing Address: Comments: Written argument supporting or opposing the appeal may be submitted by email to nlavier(kodiakak.us, faxed at 907 - 486 -9391, mailed 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, February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. BRECHAN ENTERPRISES, INC. PO BOX 1275 KODIAK, AK 99615 KODIAK AREA NATIVE ASSOC. 3449 REZANOF DRIVE E KODIAK, AK 99615 ANDERSON CONSTUCTION CO, LLC PO BOX 2310 KODIAK, AK 99615 AARON & SABRINA SUTTON 4005 SPRUCE CAPE ROAD KODIAK, AK 99615 RAYMOND MAY PO BOX 8985 KODIAK, AK 99615 MARGENE ANDRUS ETAL PO BOX 852 KODIAK, AK 99615 PHILLIP & JENNIFER JORDINELLI 3381 TUGIDAK COURT KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, AK 99615 DENNIS & PAMELA DUPRAS PO BOX 4223 KODIAK, AK 99615 GREGORY & LINDA PAPINEAU PO BOX 8555 KODIAK, AK 99615 DUNCAN FIELDS PO BOX 25 KODIAK, AK 99615 AGUSTIN IRAHETA PO BOX 799 KODIAK, AK 99615 THOMAS & MARY JO WALLO 1606 HONEYSUCKLE CT ENCINITAS, CA 92024 MARY JOY SMITH 3425 TUGIDAK COURT KODIAK, AK 99615 FRED & IRENE COYLE PO BOX 2071 KODIAK, AK 99615 MATTHEW HARTT ETAL PO BOX 3382 KODIAK, AK 99615 DANE & ALAYNE LARSEN PO BOX 29 KODIAK, AK 99615 Charles & Jean Barber 2695 Spruce Cape Rd. Kodiak, AK 99615 CRAIG & CINDY WALTON PO BOX 477 KODIAK, AK 99615 DAVID & ANDREA MORTON 2983 EXETER DRIVE CLEARWATER, FL 33761 MICHAEL ANDERSON LLC PO BOX 2310 KODIAK, AK 99615 THOMAS & LAURA KELLY 2020 BEAVER LAKE DRIVE KODIAK, AK 99615 Ram Development Etal 2812 70th Ave. E. Fife, WA 98424 EUGENE & MELISSA BUTLER 212 MURPHY WAY KODIAK, AK 99615 NICHOLAS NEKEFEROFF PO BOX 1331 SITKA, AK 99835 ROGER N & SUSAN MALUTIN PO BOX 2846 KODIAK, AK 99615 ORLANDO & RUTH MERCADO ETAL PO BOX 3011 KODIAK, AK 99615 ALWERT FISHERIES INC PO BOX 1711 KODIAK, AK 99615 MAURICE COSTELLO PO BOX 754 KODIAK, AK 99615 GARY DARRAH PO BOX 1943 KODIAK, AK 99615 ROBERT & MYRNA BARTON PO BOX 8995 KODIAK, AK 99615 JOSEPH & ANITA BAILOR 3535 SITKINAK DRIVE KODIAK, AK 99615 STEVEN & GLENDA COOLEY PO BOX 4271 KODIAK, AK 99615 Leslie & Michelle Philmon 1160 Golden Dawn Cir. #3 Anchorage, AK 99515 MICHAEL & SHANNON O'NEAL 3548 SITKINAK DRIVE KODIAK, AK 99615 KODIAK CHRISTIAN SCHOOL PO BOX 49 KODIAK, AK 99615 GREGORY & MICHELLE PENNINGTON PO BOX 439 KODIAK, AK 99615 EUGENE CAPOZZI 3265 WILTON WHITE WAY KODIAK, AK 99615 KENNETH & MEAGAN CHRISTIANSEN 1849 MARMOT DRIVE KODIAK, AK 99615 PRESTON & WENDY VAN CUREN 3300 WILTON WHITE WAY #A KODIAK, AK 99615 MICHAEL KERWOOD PO BOX 4115 KODIAK, AK 99615 KARLETON & SHIRLEY SHORT 3446 SITKINAK DRIVE KODIAK, AK 99615 ENERGY PLUS HOMES INC. PO BOX 1066 KODIAK, AK 99615 STEVEN & SARAH TIDWELL PO BOX 1547 KODIAK, AK 99615 CLAYTON SKONBERG 3600 SITKINAK DRIVE KODIAK, AK 99615 Y 4 , ARTHUR SCHULZ 1931 E. 72 AVE ANCHORAGE, AK 99507 MK ENTERPRISES INC PO BOX 2338 KODIAK, AK 99615 BRANDON HALES PO BOX 1972 KODIAK, AK 99615 ACOSTA RENTALS LLC PO BOX 723 KODIAK, AK 99615 Robert & Heather Onders 3258 Katmai Dr Kodiak, AK 99615 CHRISTOPHER E OTTO PO BOX 8424 KODIAK, AK 99615 ROLAND & FRANCE DORMAN PO BOX 68 KODIAK, AK 99615 JOHN & REBECCA HUSTER PO BOX 1029 KODIAK, AK 99615 JOSE & ELSA CASTRO PO BOX 2246 KODIAK, AK 99615 EMIL & HEATHER NORTON PO BOX 4304 KODIAK, AK 99615 DOROTHY BENT 4770 KLONDIKE #2 ANCHORAGE, AK 99508 ROBERT E HILLIS III PO BOX 847 KODIAK, AK 99615 ALAN & ROSE WOLF PO BOX 791 KODIAK, AK 99615 CITY OF KODIAK PO BOX 1397 KODIAK, AK 99615 N Dwner., (50/6'r- -0/4 TODD & KRISTINE EMERSON PO BOX 190665 KODIAK, AK 99615 Utilisez le gabarit 8160"" ERIC & LAVENDER BEATTIE 3248 KATMAI DRIVE KODIAK, AK 99615 BRENDA SCHWANTES PO BOX 275 KODIAK, AK 99615 ANTHONY & PORFIRIA TROUT 3214 KATMAI DRIVE KODIAK, AK 99615 JOHN & BROOKE HALL 3227 KATMAI DRIVE KODIAK, AK 99615 GARRY & PATRICIA KERNAN 3239 KATMAI DRIVE KODIAK, AK 99615 MICHAEL & MARY GATLIN 3251 KATMAI DRIVE KODIAK, AK 99615 JERLING ENTERPRISES LLC 1212 MADSEN AVENUE KODIAK, AK 99615 Spot SEPOge" 73 Corntr (s.gLWI 32. 4rmig1 DRIVC- Ry K ER1'it) iql Dial i vC goir _.. no" o" _ 1■I9 AM 1\x// 1 • 1- 800-GO -AVERY CAMI WARNER PO BOX 8773 KODIAK, AK 99615 JASON BALL PO BOX 9057 KODIAK, AK 99615 DUSTIN & TRICIA KRUG PO BOX 1971 KODIAK, AK 99615 JOHN LARSEN ETAL 3231 KATMAI DRIVE KODIAK, AK 99615 ALAN & HOLLY WILTSE 3243 KATMAI DRIVE KODIAK, AK 99615 DAN J HELM PO BOX 4074 KODIAK, AK 99615 KODIAK ISLAND HOUSING AUTHORITY 3137 MILL BAY ROAD KODIAK, AK 99615 `SUZt:ThneF Rp ,"o214 323 i K,JP7?i7I L7 !vim k001 K g /c / A83AV-09 - 1 MICHAEL & LISA REUTER PO BOX 1489 KODIAK, AK 99615 MARTHA RANDOLPH PO BOX 414 KODIAK, AK 99615 MARY OCAMPO PO BOX 3621 KODIAK, AK 99615 JOHN & JOAN BURNETT PO BOX 8535 KODIAK, AK 99615 BRIAN HORNICKEL ETAL PO BOX 742 KODIAK, AK 99615 AARON & ANGELA AYTES 3259 KATMAI DRIVE KODIAK, AK 99615 ST PAUL LUTHERAN CHURCH PO BOX 102 KODIAK, AK 99615 wi0918 31V1dIN31 g OSfl 21 ON t ar v"un wca1 January 26, 2009 Mr. Michael Anderson P.O. Box 2310 Kodiak, AK 99615 Re: Case No. S09 -010 Dear Mike: The verbatim public comments from the Planning and Zoning Meeting of November 19, 2008 in connection with your appeal before the Assembly on Case No. S09 -010 are attached for your records. These minutes are a part of the appeal record. As a reminder, this case is going to be heard before the Kodiak Island Borough Assembly on Thursday, February 19, 2009 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Please call me if yo ave any questions. Sincerely, Marylyn cFarland Deput Clerk • • Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 mmcfarland @kodiakak.us \ \dove \borough \CL \BC -03 - LAND USE APPEALS \LAND APPEALS \FY2009\Anderson Rohr\Appellant Anderson transcript.docx January 26, 2009 Mr. Daniel A. Rohrer Kodiak Christian School P.O. Box 49 Kodiak, AK 99615 Re: Case No. S09 -010 Dear Dan: • • Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 mmcfarland@kodiakak.us The verbatim public comments from the Planning and Zoning Meeting of November 19, 2008 in connection with your appeal before the Assembly on Case No. S09 -010 are attached for your records. These minutes are a part of the appeal record. As a reminder, this case is going to be heard before the Kodiak Island Borough Assembly on Thursday, February 19, 2009 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Please call me if you have any questions. Sincerely, Marylyn r rcFarland Deputy Clerk \ \dove \borough \CL \BC -03 - LAND USE APPEALS \LAND APPEALS \FY2009\Anderson Rohr\Appellant Rohrer transcript.docx • • November 19, 2008 P &Z reg mtg Mike Anderson S09 -010 Public Comments November meeting Alan Wiltse stated he lives in Katmai Subdivision. Wants to know what's going to happen to the Perenosa right of way between the utility corridor that's being proposed and Tract C that is the public park behind the Katmai Ridge Subdivision. Is all that Perenosa Drive right of way going to be vacated? He would just have to say that Lot 2A, Block 2 needs access but he's against getting rid of the existing right of way for Perenosa Drive. Suzanne Rapoza stated she is here on behalf of herself and her neighbors, Brooke and John Hall, they are opposed to the vacation of Perenosa Drive, particularly from the pocket park to the lot that Mike currently owns, lot 3B -2, because there isn't any reason to vacate that, and she's not opposed to the access to Kodiak Christian School from Lot 3B -2. They understand the school needs access. Don't oppose the vacation of Perenosa Drive in that spot for access to the school but from the pocket park to the corner of Lot 3B -2 we oppose the vacation of that easement because it's not necessary for access, and secondly, they believe it does have value to the borough. The future is not foreseeable at this point and these properties that adjoin the portion that she's talking about on Perenosa Drive are both zoned as multi family. Just as Perenosa Drive, the pocket park has been made if the borough vacates it. The borough is not going to get that property back to do anything with, such as potentially a larger pocket park if that property is developed into multi family way, such as using as a greenbelt. There are density issues to consider given the multi family zoning on both sides and future recreational uses. We are opposed to the vacation because it's not necessary. Those properties were bought by the property owners with the existing right of way and at this point she doesn't think this petition really establishes a reason to vacate for that area. She understands for that piece for access to the Christian School again it's necessary but other than that she doesn't see a purpose to it. We value the existence of that pocket park and potentially come before the borough again should the borough keep that easement for similar use of that continued easement. Right now that's our property. Gary Kernan stated we share the same concerns as Ms. Rapoza for not vacating that section of Perenosa Drive. In that section we do agree with the access for the Christian School. He strongly recommends that that section remain part of the borough property until whatever is developed in that area is decided. Cami Warner stated she concurs with what the others said and the property for the Christian School that they want to vacate she agrees with but the rest she would like it to be left just like it is. January 13, 2009 Mr. Michael Anderson P.O. Box 2310 Kodiak, AK 99615 Dear Mike: Sincerely, Nova M. Javier, CM Borough Clerk Please call me if you have any questions. • Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 nj avierga,kodiakak.us This letter is regarding your appeal before the Assembly on Case No. S09 -010, denying Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1' Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. This case is going to be heard before the Kodiak Island Borough Assembly on Thursday, February 19, 2009 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. KIBC 16.90.050(D) states "Following completion of the record, the clerk shall, by certified mail, serve a copy of the appeal record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as part of the record." Enclosed is a copy of the appeal record. Public hearing notices will be sent out and any written arguments submitted prior to the appeal hearing will become a part of the appeal record. Copies will be made available upon your request. \ \dove \borough \CL \BC - 03 - LAND USE APPEALS \LAND APPEALS \FY2009\Anderson Rohr\Appellant Anderson cov let.docx January 13, 2009 Mr. Daniel A. Rohrer Kodiak Christian School P.O. Box 49 Kodiak, AK 99615 Dear Dan: This letter is regarding your appeal before the Assembly on Case No. S09 -010, denying Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. This case is going to be heard before the Kodiak Island Borough Assembly on Thursday, February 19, 2009 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. KIBC 16.90.050(D) states "Following completion of the record, the clerk shall, by certified mail, serve a copy of the appeal record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as part of the record." Enclosed is a copy of the appeal record. Public hearing notices will be sent out and any written arguments submitted prior to the appeal hearing will become a part of the appeal record. Copies will be made available upon your request. Please call me if you have any questions. Sincerely, Nova M. Javier, CMC Borough Clerk • • 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 \ \dove \borough \CL \BC -03 - LAND USE APPEALS \LAND APPEALS \FY2009\Anderson Rohr\Appellant Rohrer cov let.doc DATE: MEMO TO: FROM: RE: Per KIBC 16.90.050(A) Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeals, request the community development department director to prepare the appeal record, and notify the commission of the appeal. This is to inform you that an appeal of the Planning and Zoning Commission's Decision before the Assembly was submitted on January 2, 2009 on Case No. S09 -010. Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Attached is a copy of the appeal letters submitted by Mr. Michael Anderson and Mr. Daniel A. Rohrer (Kodiak Christian School). The appeal hearing has been scheduled on Thursday, February 19, 2009 during the regular meeting of the Assembly which will start at 7:30 p.m. in the Assembly chambers. Attachment: Appeal Letters Cc: CDD Director Secretary 2 Memo to P &ZC Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 January 7, 2009 Planning and Zoning Commission Marylynn McFarland, Deputy Clerk f Nova M. Javier, CMC, Borough Cler Appeal to the Assembly • Kodiak Islanhorough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 DATE: January 6, 2009 MEMO TO: Bud Cassidy FROM: Marylynn McFarland for Nova M. Javier, CMC RE: Preparation of Appeal Record for Case S09 -010 Attached are two appeal letters to the Board of Adjustment of the Planning & Zoning Commission's decision on Case No. S09 -010. The appeals were submitted by Mr. Michael Anderson and Mr. Daniel A. Rohrer on January 2, 2009. Please prepare the appeal record pursuant to Kodiak Island Borough Code Title 16 and submit it to this office as specified in KIBC 16.90.050C "The appeal records shall be completed within ten (10) working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission." Also, please supply a list of the name and address of each person who is entitled to a notice of the original commission proceeding. \ \dove \borough \CL\BC -03 - LAND USE APPEALS \LAND APPEALS\FY2009\Anderson Rohr \1 Memo to CDD.docx P.O. Box 2310 3484B E. Rezanof Drive Kodiak, AK 99615 Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, Alaska 99615 Attn.: Nova Javier, Borough Clerk Dear Nova: CONSTRUCTION COMPANY, LLC December 29, 2008 Re: Notice of Appeal — P & Z Case No. S09 -010 PH (907) 486 -5551 FAX (907) 486 -5501 m.anderson@ak.net I wish to appeal to the Borough Assembly the decision of the Planning and Zoning Commission, announced in a letter dated December 18, 2009 (sic, 2008), to deny preliminary approval of a plat of the re- subdivision of Lots 18 and 19 of Block 2, Trinity Island Subdivision, Lots 3B -1, 3B -2 and 2 of Block 1 of Kadiak Alaska, First Addition and Lot 2 of Block 2 of Kadiak Alaska, First Addition and the associated vacation of a portion of the Perenosa Drive right -of -way. The Planning and Zoning Commission erred in entering the findings of fact which it adopted in support of this decision in that it failed to give due consideration to the fact that the application before it was supported by virtually all persons who owned land fronting the part of the street to be vacated and benefited the Borough by eliminating the substantial expense which otherwise will have to be incurred in order to improve the Perenosa Drive right of way if it is to provide actual access to Lot 2 of Block 2, Kadiak Alaska, First Addition, which is owned and scheduled for development by the Kodiak Christian School. The Commission further erred by disregarding and reversing an earlier decision approving the vacation of Perenosa Drive and thus confirming its lack of value to the Borough. The assembly should reverse the decision of the Planning and Zoning Commission in all respects and both approve the vacation of the right of way and the preliminary plat of the re- subdivision. A check for the $150.00 appeal fee accompanies this notice. Sincerely yours, 144409 Mike Anderson PO Box 2310 Kodiak, AK 99615 K GENERAL CONTRACTOR EXCAVATING • ROADS • ROCK • UNDERGROUND UTILITIES Kodiak Christian School P.O. Box 49 Kodiak, Alaska 99615 Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, Alaska 99615 Attn: Nova Javier, Borough Clerk O • January 2, 2009 RE: Notice of Appeal — P & Z Case No. S09 -010 Dear Nova, [E J; i JAN -2 2009 The purpose of this letter is to express my desire to appeal the decision of the Planning and Zoning Commission to deny preliminary approval of the re- subdivision of lots along Perenosa Drive ROW and the vacation of a portion of Perenosa Drive. The Commission adopted a number of findings of facts in support of their decision but these findings of fact are incorrect. To begin with it is necessary to briefly address the history of this case. This case was originally filed in December of 2003. At that time it was approved by the Borough and was just waiting the final plat submission. This final plat was never filed thus causing the approval to expire. This was not realized until the Kodiak Christian School was in the process of working with the Community Development office in regards to a zoning compliance for Lot 2, Bk 2. At that time I was notified that the approval had expired and that it would require a reapplication. Anderson Construction filed the initial request on the behalf of the Kodiak Christian School and so they refilled the paperwork to go through the approval process again. The assumption was that the reapplication process would be relatively easy because the Borough had already determined that the Perenosa Drive Row was surplus to the needs of the Borough. (I have attached the original letter that I sent in favor of the vacation of Perenosa Drive in February of 2004) The first finding of fact that I take issue with is the finding that states that the applicant was not representing the majority of adjacent landowners. Anderson Construction was representing the Kodiak Christian School and arguably all the adjacent land owners (please see attached initial request from December 2003). The Kodiak Christian School on its own represents over 50% of the area being impacted and thus Anderson Construction as our representative meets that same standard. Secondly this piece of property has been determined by the Borough to be in excess of the Borough's needs and it has been proven that it does more service to the public by being released into the private sector and therefore being consider ag Rar' _i§ ' the overall taxable land of the Borough. In closing the Kodiak Christian School has moved ahead with building plans based upon the past approval of the vacation of Perenosa Drive. We have assumed access across Lot 3B -2 and we have made water and sewer improvements to the area to be able to further develop our land. A reversal on the decision that Perenosa Drive ROW is in excess of the Borough's needs adversely affects the ability of the Kodiak Christian School to develop its lands. The primary issue is in regards to access to Rezanof Drive. As long as Perenosa Drive ROW exists on paper then the State of Alaska will stand in the way of us receiving a driveway permit to Rezenof Drive. Without this access the school would be required to develop Perenosa Drive Row into a road to have access to its land. The cost of developing this road is not an affordable solution and certainly not a desirable one for the residents of Trinity Island Subdivision. In closing I would request that you reconsider and overrule the decision of the Kodiak Island Borough Planning and Zoning Commission. I will be present at your meeting for any additional information that you may need and would certainly be willing to answer any questions you might have. Thank you for your time on this issue. Attached: Daniel A. Rohrer Kodiak Christian School Board Member Kodiak Christian School Building Chairmen • • Letter Dated February 9, 2004 to the Planning and Zoning Commission (2 pages) Letter Dated December 2, 2003 to the Community Development Department (4 pages) - . -.2.02 3 4 17 C . Poi ouq— - l: l imit W ;•a a -1 yet: -3 4 Kodiak Christian School P.O. Box 49 Kodiak, Alaska 99615 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Road Kodiak, Alaska 99615 February 9, 2004 Dear Commissioners, • • I am writing in regard to the proposed vacating of a portion of Perenosa Drive and the access to Kadiak Alaska Subdivision First Addition Block 2 Lot 2. I am writing as the representative for the Kodiak Christian School who is the deed holder of Lot 2. The current proposal in front of you represents the final step of a project that began back in mid 2001. Since 2001 there have been numerous changes in staff at the Borough as well as some changes on the Commission. The purpose of this letter is to review the history surrounding this project. In mid 2001 a group of individuals and the Kodiak Christian School took ownership of lots 1, 2, and 5 from Tony Perez. The intent was to sell two of the lots and build a new home for the Kodiak Christian School on the third. The lots had wetlands issues that we spent many months dealing with through the US Corp of Engineers. We worked with Borough staff to come up with a plan for all three lots that would satisfy the concerns of the Corp, the Borough, and the land owners. The final conclusion was to sell Lot 5 to a developer who would build a minimal number of buildings to limit the impacts on the wettest portion of the land. This also allowed for a large wet lands easement across the northwest side of the lot. The goal was to maintain some water flow to a number of minor ponds down slope from the lots. Lot 1 was initially going to be the location of the school but it was decided that it would be best from everyone's perspective to not increase traffic at the Sharatin Road and Rezanof Drive intersection. This intersection tends to be very icy in the winter and is already traveled heavily in the morning. The conclusion was that homes would be a better fit for Lot 1. Homes would increase the traffic some but not to the same extent that the school would. Lot 2 was decided to be the location of the future Kodiak Christian School. To make Lot 2 usable for the purposes of a school it was important that we have direct Rezanof Drive access. This is important because of bussing issues as well as the concern for not causing congestion on Sitkinak Drive. We met with Mike Anderson and purchased a portion of his Lot 3 B on Rezanof (this section was recently replatted Lot 3B -2). This 50' lot gave the Kodiak Christian School sufficient access to Rezanof Drive. • • After the Kodiak Christian School sold Lot 1 it was combined with an adjacent parcel (Lot B -2 which was previously owned by the Borough). The portion of Perenosa between the two lots was vacated and given to the adjacent landowners. (Incidentally this was done apparently without considering future access to Dorthy Bent's Lot 2 or the Kodiak Christian School's Lot 2. In addition a pocket park was platted to go in the Perenosa Row between the two lot 2s. This was done without notifying the adjacent land owners and apparently without thought given to future access.) The proposal in front of you now is to completely vacate the remainder of Perenosa Drive from the pocket park to 3B -2 and vacate from 3B -2 to Sitkinak Drive down to a 30' wide utilities right of way. This utilities right of way allows utilities access to Lot 2, Lot 3A and Lot 3B as well as Dorthy Bent's Lot 2, Block 1 (currently undeveloped). With the school using the direct access (3B 2) to Rezanof there will never be a need for Perenosa Drive to exist. Perenosa Drive was originally platted (see attachment) prior to the planning of the extension of Rezanof Drive. When the overview map of this portion of Kodiak is examined it becomes obvious that this additional 500' of road is unnecessary for the future development of this area. I will be attending the meeting at which this issue is discussed and will be happy to answer any questions that you may have at that time. If you have any questions or need for clarification prior to that meeting I can be reached at 486 -0977 or at Drohrer @GCI.net. Thank you for your time and consideration. Sincerely, Daniel A. Rohrer KCS Building Chairman • Michelle Stearns, Director Community Development Department Kodiak Island Borough 710 Upper Mill Bay Kodiak, Ak., 99615 Re: Vacation of a portion of Perenosa Drive ROW Dear Michelle: December 2, 2003 We are requesting that the Perenosa Drive ROW be vacated as per the attached map. This vacation will best serve the needs of the people of the Borough. A portion of the right of way will be used for new water and sewer mains to provide services to the only remaining properties in the area that do not currently have these improvements. The City of Kodiak Public Works and Engineering Department staff have reviewed our proposed utility plans and agree that a 30 foot wide corridor is plenty for construction and maintenance of the water and sewer mains. Access for the proposed Kodiak Christian School on Lot 2 will come across Lot 3B-1 from Rezanof. This is a much better access point than coming through the existing Perenosa ROW for practical and safety reasons. We are having difficulty getting a driveway permit from ADOT because they see the existing Perenosa Drive ROW on the plat and will not issue us a permit until it is vacated. Since there is no need for Perenosa Drive, we would like to have it vacated. Thank you for your consideration. Sincerely,„ I� .6,t, Michael W. Anderson Attachments: Map of arca and petition from all affected neighbors. We the undersigned are requesting that Perenosa Drive be vacated as per the attached map. Address VI 1 1 rn Po. I)1;k 2316, d.,u 1ti ( Guru t wA sctiool Name G 0 n" 0.1') ate „, C) I/ 9 Legal Description ANDERSON CONTRUCTION CO. 1311 Mill Bay Road P.O. Box 2310 KODIAK, ALASKA 99615 (907) 486 -5551 FAX (907) 486 -5501 Phone Ko,e6sk AK (s RZ, ( LT 313 i- 5 5 5 I <<, A k i P? - 7 Cl . '' r, P. o . r3Qx � I bt , -- C3 ( /"I 1 s �nl r y 0-�ti � C I l i �� s cv, !3 k 2 LT L 6- 7 �'. u, I.�cX 093 Ir�,,�i; 1slr,,,r�i l� Z f l/� ` i '1,.,{ p 6, Box 177 1-1 IS B1: / LT 3A C— 55H Te m z - n IL OT 3 -B1 • LOT 3-8 ROMA WAY • —Sn 0 13 00 50 LOT 19 LOT 18 Q \ F ss /I � F �. \ S ,r F LOT 2 LOT 17 0 • Mr. Michael Anderson PO Box 2310 Kodiak, AK 99615 Dear Mr. Anderson: The Kodiak Island Borough Planning and Zoning Commission at their meeting on December 17, 2008, adopted Findings of Fact in support of their denial of preliminary approval and the vacation referenced above at the November 19, 2008 meeting. FINDINGS OF FACT 1. The applicant has not proven that the area being vacated is of no value to the borough. (ref: KIBC 16.60.010) 2. The applicant does not represent the state, the borough, a public utility, or owners of a majority of the land fronting the part of the street to be vacated. (ref: KIBC 16.60.020) Should you disagree with the Commission's decision you may appeal. KIBC 16.90.020 A written decision of the commission granting or denying approval of a plat or a waiver from the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. co ,s; ,200 9 • Kodiak Island Borough Corr munilyDevelopmenLDepartrnent 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 December 18, 2009 Re: Case S09 -010. Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of- way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 st Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. • • KIBC 16.90.030 A) A decision of the - commission is - final unless - an appeal decisiow is made within TO working days after the decision by the commission to the assembly. B) An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. If you have any questions about your appeal rights, please contact the Borough Clerk, Nova Javier at 486 -9310. Sincerely, e r Bud Cassidy, DirecttQr Community Development Department CC: Horizon Land Surveying Dan Rohrer COMMISSIONER JANZ and COMMISSIONER TORRES feels if the owners of Tract K are still interested in rezoning to residential they should explore the properties on the other side of their lot because we don't want to do spot zoning. CHAIR KING stated when Dayton filed fora rezone we found it in order and passed it on to the Assembly and since then the property has been sold. KING does not feel that Dayton doesn't have a right to file for the rezone. COMMISSIONER WATKINS MOVED TO POSTPONE findings of fact on Case 08 -023 to the January regular meeting. Roll call vote on motion CARRIED 4-0. re Case S09-010. Adopt findings as Findings of Fact in support of the Commission's decision to deny Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B-1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska l'` Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B-1A and 2A, Block 1, Kadiak Alaska 1'` Addition; Lot 2A, Block 2, Kadiak Alaska 1'` Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1" Addition. The location is the Perenosa Drive Right -of -Way, and the zoning is B- Business and R3 -Multi-family Residential. The applicant is Michael Anderson. CHAIR KING informed the audience that the decision of the Commission shall be final unless a request for reconsideration or an appeal to the Assembly is made within 10 working days after this decision. Cassidy gave a star report and recommended adopting findings of fact supporting the commission's denial of the original request. COMMISSIONER JANZ MOVED to adopt the findings in the Supplemental Memorandum dated December 1, 2008 as "Findings of Fact" for case S09 -010. CHAIR KING read the findings of fact into the record. FINDINGS OF FACT 1. The applicant has not proven that the area being vacated is of no value to the borough. (ref: KIBC16.60.010) 2. The applicant does not represent the state, the borough, a public utility, or owners of a majority of the land fronting the part of the street to be vacated. (ref: KIBC 16.60.020) LRoll call vote on motion CARRIED 4-0. D) Case S09-011. Adopt findings as Findings of Fact in support of the Commission's decision to deny a vacation, according to KIBC 16.60, of a five (5) foot portion of a 50 -foot wide road and utility easement across the front of Lot 5A, U.S. Survey 3466. The location is 2561 Beaver Lake Drive, and the zoning is RR1 -Rural Residential One. The applicants are Dennis & Deborah McCusker. Cassidy gave a brief staff report recommending denial and findings of fact in support of the decision be adopted. December 17, 2008 P&Z Minutes Page 3 of 6 Mr. Michael Anderson PO Box 2310 Kodiak, AK 99615 iti Kodiak Island Borough Community_ Deeelopment.DepamnenL 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 December 18, 2009 Re: Case S09 -010. Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska 1 st Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of- way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1" Addition; Lot 2A, Block 2, Kadiak Alaska 1" Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Dear Mr. Anderson: The Kodiak Island Borough Planning and Zoning Commission at their meeting on December 17, 2008, adopted Findings of Fact in support of their denial of preliminary approval and the vacation referenced above at the November 19, 2008 meeting. FINDINGS OF FACT 1. The applicant has not proven that the area being vacated is of no value to the borough. (ref: KIBC 16.60.010) 2. The applicant does not represent the state, the borough, a public utility, or owners of a majority of the land fronting the part of the street to be vacated. (ref: KIBC 1 6.60.020) Should you disagree with the Commission's decision you may appeal. KIBC 16.90.020 A written decision of the commission granting or denying approval of a plat or a waiver from the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. IEIBC 16.90.030 A A decision - the commissirnris - finalmless an appeal - of decision ig mad within l u working days after the decision by the commission to the assembly. B) An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. If you have any questions about your appeal rights, please contact the Borough Clerk, Nova Javier at 486 -9310. Sincerely, 4,„<ee Bud Cassidy, Direc . r Community Development Department CC: Horizon Land Surveying Dan Rohrer Current Location P & Z Case # S09 -010 Michael Anderson Request Preliminary approval. according to K BC 16.40. of the re- subdivision of Lts 18 & 19. Bk 2 Trinity Islands Suod_ & the re- subdivision of Lt 3B -1. Lt 3B -2 & Lt 2 Bk 1 Kadiak Ak 1st Add. & Lt 2. Bk 2. Kadiak Ak1 st Acid including a vacation of the 60 -foot wide Perenosa Drive according to KBC 16.60. creating Lts 18A & 19A Bk 2 Trinity Islands Sand & Lts 3B -1A & 2A_ Bk 1 Kadiak Ak 1st Al2.. Lt 2A, Bk 2. Kadiak Ak 1st Add & Tracts B (Utility Corridor) and C (Park). within Kadiak Ak 1st Addition. Mup peeved for the purpose of showing as General Iona m of the Kodiak Urban area .Ms, 2005. Alaska Worry System, ors canteens daa. Notional Wyse System, Highways, Roads, Steals., Make D.O.T. Sept 2002 Contour lnbrmaksaUSOS DION Elaswon Modal Kodlek, Ateaa. 50 foot travde, Seale N 1:53,250 Created in AroGIS A NAD 27, Stets Pans 5 Papal tdameeon le Won from SSNated wads In the cuanant commutated property records In the Anesetn0 Dept TAN dale has not been reconciled weh data contained In minuet Iles Mild, nay be more up bd s. Kodiak )wand Borough Community Devetopment Dapsrlyent Current Zoning P & Z Case # S09 -010 Michael Anderson Request Preliminary approval according to KIBC 16 40 of the re- subdivision of Lts18 & 19 Bk 2 Trinity Islands Subd_ & the re- subdivision of Lt 3B -1 Lt 3B -2. & Lt 2. Bk 1 Kadiak Ak 1st Add & Lt 2 Bk 2. Kadiak Ak 1st Add: including a vacation of the 00 -foot .vide Perencsa Drive RO'$J according to KIBC 16 -60_ creating Lts 18A & 19A. Bk 2 Trinity Islands Subd. & Lts 3B -1A & 2A. Bk 1. Kadiak Ak lstAdd: Lt 2A Bk 2 Kadiak Ak 1st Adrt: & Tracts B 1U61ity Corridor) anti C i Park ;. thin Kadiak Ak 1st Addition 1 Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential 11mo Family Residential Legend PM. Multi Family Residential Retail Business Rural Neighbor Commercla Rural Residential Rural Residential 1 Rural Residential 2 Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS Gentofte dam, National Highway System, /ighways, Roads, Streets., Alaska O.O.T. Sept. 2002 Contour irformation:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scats is 1:53,380 Created in ArcGIS 9, PAD 27, State Plane 5 Perch information is taken from 'elected Saks in the cumin canpulerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual Res which may be more up- lodes. Kodak Island Borough Community Development Department Case S09- 010 - /Staff Report MEMORANDUM Public Hearing Item VI -A DATE: November 10, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the November 19, 2008 Regular Meeting CASE: S09 -010 APPLICANT: Michael Anderson REQUEST: Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska 1`` Addition; induding a vacation of the 60- foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Blodc 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1' Addition; Lot 2A, Block 2, Kadiak Alaska 1' Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. LOCATION: Perenosa Drive (generally located between Katmai Ridge Subdivision and Sitkinak Drive). ZONING: Surrounding area zoned R -3 Mufti-Family Residential Zoning District and B - Business Zoning District. Eighty four (84) public hearing notices were mailed on Oct. 20, 2008. Date of site visit: Various 1. Minimum lot size: 7,200 sqft Compliance: Yes 2. Minimum lot width: 60 feet Compliance: Yes 3. Existing land uses: Vacant right of way Compliance: n/a 4. Existing structure(s) on the property: None Compliance with setbacks: n/a Compliance with other zoning regulations: Yes Encroachments: No 5. Topography: Provides good building sites: n/a Page 1 of 10 P & Z: Nov. 19, 2008 s 1 Public Hearing Item VI -A Provides good parking areas: n/a Allows driveway construction to meet n/a maximum slope requirement: n/a 6. Physical Features: Wetlands, streams, drainage courses: n/a Need for driveway /access restrictions: No Adequate line of sight: n/a Adequate access for additional traffic volume: n/a Adequate access from a safety standpoint: n/a Neighborhood character: Medium/High Density Residential Double frontage Tots: No Flag lots: No Adequate access for fire apparatus: Yes Utility installation meets Title 13: Yes Common wall or zero-lot line: No Frontage on dedicated public right -of -way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: n/a APPLICABLE CODE PROVISIONS: Per Kodiak Island Borough Code 16.20.230 — Vacation. The act of making legally void any right -of -way, easement, public area, or other public interest. Per Kodiak Island Borough Code 16.60.010 — Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem [italics added] the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. Per Kodiak Island Borough Code 16.60.020 - Applicants A platted street may not be vacated except on petition of the state, the borough, a public utility or owners of a majority of the land fronting the part of the street sought to be vacated. The petition shall be filed with the platting authority and shall be accompanied by a copy of the existing plat showing the proposed vacation. Case S09-010- /Staff Report Page 2 of 10 P & Z: Nov. 19, 2008 Per Kodiak Island Borough Code 16.60.030 — Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda (the Friday after the regular monthly meeting) to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. Per Kodiak Island Borough Code 16.60.060 Additional approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. Coastal Management Applicable Policies Public Hearing Item VI -A 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative fadlities. ConSktterICIK ; if a`'; WignOtirtVOIV.0 In b. This policy Is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of fadlities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. ConeN k YWntel M iti i if 1 , . tl0001161.w Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures In or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Case S09 -010- /Staff Report Page 3 of 10 P & Z: Nov. 19, 2008 1 ConslWtency Yet The project location Is not adjacent to or within coastal waters. C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. Consistency: Ye ttiet It removal o f i don an gioWf salmi* b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Cotlsteem y : 1, : `IOC Qtt l[t netle ie a stegetekiee Public Hearing Item VI -A Orktentlfiestesetitign . en area. D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall indude, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Conaltteit(W-711* 'fhO .does:tid>tilri' aVdtt ger PrOlest: b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Conel ney ' - -Yew lhopteleat doeseatlinteleethedevetoemeaor tettetetedeniotertetiettrfeeillty, H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable altemative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and Case S09- 010 - /Staff Report Page 4 of 10 P & Z: Nov. 19, 2008 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and waming signs shall be placed at least 25 yards upstream of the weirs. Consistency: Yes, The prciect Is not locatenfon.or near a;water body. c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Consistency: Y L ik en:arsa5ap� ill ily identified or rese vedtef re�a use under 11 AAC 114:280(c). I. Archaeological and Historic Resources Policy 1 -1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. Consistency: 11` losstiotttenottotistsdittsitatoinkfOntiffinthusehititOttO l9r pmtilateric b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: I witforrittilOtiOsetantktiancrsiknintiffnofsttanistoricionprshistoric K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized In the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Case S09- 010 - /Staff Report Page 5 of 10 Public Hearing Item VI -A Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Cahel toffer, : Yia ' "... , atot ll : # N b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(1) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. P & Z: Nov. 19, 2008 Public Hearing Item VI -A b. This policy applies to the sand and gravel standard (11 AAC 112.260). Condk4ency Yom. The proj ect does not ItsviNeftdraction of sandand resources. 4.5 Designated Areas 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A Case S09- 010 - /Staff Report Page 6 of 10 P & Z: Nov. 19, 2008 Public Hearing Item VI -A REVIEW AGENCY COMMENTS Alaska Communications Systems- Enaineerina Dept. - Kenai Comment 10/29 /08: "The front 10 feet of the 20 foot building setback and the entire setback within 5 feet of the side lot lines is a utility easement. No permanent structure shall be constructed or placed within the utility easement which would interfere with the ability of the utility to use the easement". Alaska Dept. of Transportation & public Facilities - Central Region Planning City of Kodiak - Bulidina Officials Comment 10/21/08: "There is no access shown from Rezanof drive through lot 3B -2 to Lot 2A as drawn on the plat dated July 16 2008. An easement or property line removal is required to assure continuous access to lot 2A. This Is a requirement of the 2006 International Building Code. Please see comment from our plan review and the definition of public access? "Details for access, fire- fighting, and similar issues: a. The site plan/A1.0 shows the access drive starting some 84' in from what appears to be a street property Ilne. That rectangular lot or subdivision is not identified as to ownership. To be a public way, it has to be shown dedicated to public. Section 1002.1." "PUBLICWAY: A street, alley or other parcel of land open to the outside air leading to a street, that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a dear width and height o not less than 10 feet (3048 mm)". City of Kodiak - Public Works Dept. Comment 10/25/08: "The City of Kodiak Public Works Department has no objection to vacating a portion of the Perenosa Drive Right of Way and fuming it into a 30 foot wide Public Utility Right of Way". The utilities must be located within a Right of Way per City Code section 13.18.20 (C) for the City to take ownership of the utilities ". in addition the Public Utility Right of Way needs to be extended in a southerly direction to meet the north property line of Lot 2A Bik 1 so it can be served with water and sewer utilities or a utility easement created across Lot 2A Blk 2 so Lot 2A Blk 1 can be served with water and sewer utilities ". Bavaide Fire Dept. GCI Cable. Inc. Kodiak island Borouah - Enaineerina & Facilities Dept. Kodiak Island Borouah Parks & Recreation Committee Kodiak Electric Association: Comment 10/27/08: "No comment". Case S09 -010- /Staff Report Page 7 of 10 P & Z: Nov. 19, 2008 s 0 Public Hearing Item VI -A STAFF COMMENTS This request is a reprise of Planning & Zoning Commission Case No. S03 -030 initially reviewed at the January 21 2004 Regular Meeting of the Planning & Zoning Commission. Responding to Commission concem, the petitioner revised the original request and received the Commission's preliminary approval for the vacation at the February 18 2004 Regular Meeting of the Commission. The complicated nature of the vacation request, the number of abutting property owners, and personal business imperatives of the petitioner resulted in untimely delay. As a consequence, the twenty -four (24) month allowance for filing the final plat passed and the original action was unable to be finalized. The proposed vacation eliminates a portion the undeveloped right -of -way. The vacated portions accrue to the abutting property owners. That portion of the existing right -of- way to be vacated would assume the current zoning of the abutting properties, i.e., R -3 Multiple Family Residential Zoning District and B — Business, per Kodiak Island Borough Code Title 17.09.050 - H. A prior vacation of a portion of this existing right -of -way came before the Commission as part of the Katmai Ridge Subdivision review in May of 2002. In that action, the commission approved the vacation of the right -of -way extending through the proposed new subdivision, and retained portions on either side of the new subdivision for public purposes. One portion was retained for the purpose of solid waste collection, and one portion was retained for the purpose of designation of a "pocket park". Both of these reservations recognized the non - essential nature of the effected portions of the undeveloped right -of -way for purposes of vehicular access. The formalization of the pocket park concept is incorporated into this request, and identified on the plat as Tract C. (Note on Administrative Process) Within in the section on Applicable Code Provisions, reference has been made to: Kodiak Island Borough Code 16.60.060 Additional approval required, paragraph A, which reads, "A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. Case S09- 010 - /Staff Report Page 8 of 10 P & Z: Nov. 19, 2008 Public Hearing Item VI -A The corollary of this paragraph is that if the decision of the Commission is to deny the application, then there is no 'right of appeal" In other words, in order for the request for vacation to advance for review before the Assembly, the Commission must first grant the request. At that point, the Assembly may take the affirmative step of vetoing the Commission's decision, or take no action and allow the Commission's decision to stand. Under either scenario, i.e., overt veto or acquiescent approval, per Kodiak Island Borough Code 16.60.060 B, "...veto or approval...is a final legislative decision and is not subject to administrative appeal" Case 809-010-/Staff Report Page 9 of 10 P & Z: Nov. 19, 2008 Public Hearing Item VI -A RECOMMENDATION Staff recommends approval of this request subject to five (5) conditions of approval. APPROPRIATE MOTION Move to grant preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1st Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1s Addition , subject to the conditions of approval contained in the staff report dated November 10, 2008, and to adopt the findings in that staff report as "Findings of Fact" for case S09- 010. CONDITIONS OF APPROVAL [1] This vacation of right -of -way is subject to Kodiak Island Borough Assembly veto per Kodiak Island Borough Code 16.60.060 A. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [3] That remainder portion of the Perenosa Drive right of way identified as "Tract B" shall be dearly identified on the face of the plat as "Right of Way". [4] Lot 3B -2 Block 1 Kadiak Alaska Subdivision 1 Addition shall be incorporated into Lot 2A Block 2 Kadiak Alaska Subdivision 1 Addition (attachment 1). [5] A utility easement, extending from the unvacated portion of the Perenosa Drive Right of Way, sufficient to serve proposed Lot 2A Block 1 Kadiak Alaska Subdivision 1 Addition shall be granted in favor of proposed Lot 2A Block 1 Kadiak Alaska Subdivision 1 Addition and appear on the face of the plat (attachment 2). FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Case S09 -010- /Staff Report Page 10 of 10 P & Z: Nov. 19, 2008 P & Z CASE No. S09 -010 PUBLIC HEARING ITEM No. V1 -A Michael Anderson ATTACHMENT (1) ILLUSTRATING CONDITION [4] Incorporate Lot 3B -2 Bik 1 into Lot 2A Blk 2 P & Z CASE No. S09 -010 Michael Anderson ATTACHMENT (2) ILLUSTRATING CONDITION [5) PUBLIC HEARING ITEM No. V1 -A TRACT • .6►nuty- 4.0,1a wow ci lb: pc 7 rp 1ssss Create utility easement in favor of Lot 2A Blk 1 KAO/AK LOT 2 1.996 AC. 1 t \ 1 ro � 1 1 LA'►.SKA SCIBD /V/5 /ON /' AAO /7fO// S , a anrris'W LOT 2A 14% 4%7112 4.1 e. tie It. i5 BLOCK 2 i8 1J a / P 04 1 Ii 0 0 S to 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 gdgi 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, November 12, 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 -936 !1 a Your Name: it 4440 ) ( Mai ling Address: i . e. ZIAZ 47 — / varrproperty Wien: 4'U¢ il:? If e Alf P 44121.-1 „ COMMONS: ' dIfif e - . 7!4 iA,QVx..L /logcme EIE1117Efri NOV 1 7 2008 1 rn.,, . !' rTY r rvr 11 ".FIIT +}1 =PAS; - 1 CASE: APPLICANT: REQUEST: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 - -. - - - - Public - Hearing Item ill-A- _ PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 19, 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: S09 -010 Michael Anderson Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B- 1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1' Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1" Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 a< Addition. LOCATION: Perenosa Drive Right -of -Way ZONING: B- Business and R3- Multi - family Residential DATE: TO: FROM: SUBJ: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Eighty four (84) OLD BUSINESS ITEM VII -C SUPPLEMENTAL MEMORANDUM December 1, 2008 Planning and Zoning Commission Community Development Department Information for the December 17, 2008 Regular Meeting S09 -010 Michael Anderson Adopt findings as Findings of Fact in support of the Commission's decision to deny Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska l Addition; induding a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Bio k 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Biodc 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition Perenosa Drive (generally located between Katmai Ridge Subdivision and Sitkinak Drive). Surrounding area zoned R -3 Multi - Family Residential Zoning District and B - Business Zoning District. public hearing notices were mailed on Oct. 20, 2008. STAFF COMMENTS At the November 19, 2008 Regular Meeting of the Commission, the Commission failed the request to vacate the Perenosa Drive Right of Way by a vote of 0 — 4. Findings of Fact supporting the Commission's denial were deferred until the December 2008 Regular Meeting of the Commission. Per KIBC16.60.040 A, "The commission shall take action on the vacation application within 50 working days after the date of the next available meeting agenda deadline. The commission's action shall be stated in the minutes of the commission meeting. The commission shall notify the applicant in writing of the official statement of findings and reasons for their action (italics addied) within five working days ". Case S09 -010 -/ Supplemental Memo Page 1 of 2 P & Z: Dec. 17, 2008 s • RECOMMENDATION OLD BUSINESS ITEM VII -C Staff recommends adoption of Findings of Fact(s) supporting the Commission's denial of the original request. APPROPRIATE MOTION Move to adopt the findings in the Supplemental Memorandum dated December 1, 2008 as "Findings of Fact for case S09 -010. FINDINGS OF FACT 1. The applicant has not proven that the area being vacated is of no value to the borough. (ref: KIBC16.60.010) 2. The applicant does not represent the state, the borough, a public utility, or owners of a majority of the land fronting the part of the street to be vacated. (ref: KIBC16.60.020) Case S09 -010 4 Supplemental Memo Page 2 of 2 P & Z: Dec. 17, 2008 (1 eA.Qcx Sheila Smith, Secretary Community Development Department CC: Horizon Land Surveying ( gio Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us November 26, 2008 Mr. Michael Anderson PO Box 2310 Kodiak, AK 99615 Re: Case S09 -010. Adopt findings as Findings of Fact in support of the Commission's decision to deny preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska 1" Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of- way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1" Addition; Lot 2A, Block 2, Kadiak Alaska 1" Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1" Addition. Dear Mr. Anderson: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Old Business at their December 17, 2008 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, December 10, 2008 at 7:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Commissioner Present Absent Excused Others Present Mr. King X Bud Cassidy Mr. Watkins X Community Development Ms. Janz X Sheila Smith Mr. Kersch X Community Development Mr. Purdy X Ms. Harrington X Vacant 1� • PLANNING & ZONING COMMISSION NOVEMBER 19, 2008 REGULAR MEETING MINUTES CALL TO ORDER CHAIR KING called to order the November 19, 2008 meeting of the Planning and Zoning Commission at 7:30 pm. ROLL CALL A quorum was established. COMMISSIONER JANZ MOVED to excuse COMMISSIONERS WATKINS and HARRINGTON. VOICE VOTE ON MOTION CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the agenda. Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES Regular meeting of: • September 20, 2008 • October 15, 2008 COMMISSIONER PURDY MOVED to approve the September 20 & October 15, 2008 Planning & Zoning minutes. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A. Case S09 -010. Request Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska 1" Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1" Addition; Lot 2A, Block 2, Kadiak Alaska 1" Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1" Addition. The applicant is Michael Anderson. The location is the Perenosa Drive Right -of -Way, and the zoning is B- Business and R3- Multi - family Residential Cassidy gave a staff report. P8Z Guidelines November 19, 2008 Page 1 of 6 COMMISSIONER JANZ MOVED to grant preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska 1st Addition; including a vacation of the 60 -foot wide Perenosa Drive right-of-way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B-1A and 2A, Block 1, Kadiak Alaska 1st Addition; Lot 2A, Block 2, Kadiak Alaska 1 at Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1st Addition , subject to the conditions of approval contained in the staff report dated November 10, 2008, and to adopt the findings in that staff report as "Findings of Fact" for case S09 -010. Close regular meeting: Open public hearing: Alan Wiltse spoke in opposition to the vacation of the existing right -of -way for Perenosa Drive. Suzanne Rapoza spoke in opposition to the vacation particularly from the pocket park to the corner of Lot 3B -2 because there isn't any reason to vacate that, and she's not opposed to the access to Kodiak Christian School from Lot 3B-2. Garry Kernan spoke in opposition to the vacation of Peranosa Drive except for the access to the Kodiak Christian School on Lot 3B-2. Cami Warner spoke in opposition to the vacation of Peranosa Drive except for the access to the Kodiak Christian School on Lot 3B-2. Close public hearing: Open regular meeting: Commission discussion. Roll call motion FAILED 4-0. B. Case S09 -011. Request a vacation, according to KIBC 16.60, of a five (5) foot portion of a 50 -foot wide road and utility easement across the front of Lot 5A, U.S. Survey 3466. The applicants are Deborah & Dennis McCuslcer. The location is 2561 Beaver Lake Drive, and the zoning is RR1 -Rural Residential One. Cassidy gave a staff report. COMMISSIONER PURDY asked Cassidy about that portion of Beaver Lake Drive and the easement. COMMISSIONER JANZ MOVED to postpone Case S09 -011 until the January 21, 2009 regular Planning and Zoning Commission meeting, subject to the timely submittal of a more detailed preliminary plat preliminary plat by the December 1, 2008 agenda deadline and to provide additional vacation justification, including a response to the KEA objection, or to allow the case back on a subsequent agenda if the petitioner requires additional time. Close regular meeting: Open public hearing: Debra McCusker, applicant, spoke in favor of the request. Dennis McCusker, applicant, spoke in favor of the request. Close public hearing: Open regular meeting: Commission discussion. During discussion the commission talked to the applicants about a possible variance instead of a vacation. Roll call vote on motion FAILED 4 P&Z Guidelines November 19, 2008 Page 2 of 8 Mr. Michael Anderson PO Box 2310 Kodiak, AK 99615 1 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 November 20, 2008 Re: Case S09 -010. Request Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 a Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1" Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 s Addition. The applicant is Michael Anderson. The location is the Perenosa Drive Right -of -Way, and the zoning is B- Business and R3- Multi- family Residential Dear Mr. Anderson: The Kodiak Island Borough Planning and Zoning Commission at their meeting on November 19, 2008, denied preliminary approval to the request referenced above. Should you disagree with the Commission's decision you may appeal. KIBC 16.90.020 A written decision of the commission granting or denying approval of a plat or a waiver from the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. KIBC 16.90.030 A) A decision of the commission is final unless an appeal of the decision is made within 10 working days after the decision by the commission to the assembly. B) An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final. If you have any questions about your appeal rights, please contact the Borough Clerk, Nova Javier at 486 -9310. Sincerely, Bud Cassidy, Direct Community Development Department CC: Horizon Land Surveying Current Location P & Z Case # S09 -010 Michael Anderson Request.Prelimiary a;rprr cordin l to KIBC 16 -10 . cof the re- subdivision of Lis18 & ,Bk 2 Tnnity Islands Surd: & the re- subdivision of Lt 3B -1 L t 3B -2 & Lt 2 Bk 1 K;nj k AK 1 s t Adct & Lt 2 BK Kai: a : ,AR: 1 st Adct. raudu _t vacation of the v0 -tout Inca RO'.N ac re ±;r q 'o KIBC 16 60 creatinq Lts 18A & 1 OA B 2 T. nttv Islands Subd. & Lts 3B-1A & 2A Bk 1 Kati ak 1 st Ad j Lt 2A Bk 2 Ka(iak Ak 1st Ain & Trarts B Corridor) and C (Park; a�. th.n Kart Ak 1st Add ton. Legend Parcels Map prepared for the purpose of showkg the General location of the Kodak Urban area. June, 2006. Alaska Highway System, GPS centerline data, National Highway System, Highways, t , Streets., Alaska D.O.T. Sept. 2002 Contour kMamadon:USGS Digital Elevation Model Kodiak, Alaska. 50 foot Intervale, Scab is 1:63,360 Crud in ArcGIS 9, NAD 27, State Plane 5 Parcel klblmNbn Is token from Waded Aside M the Claud computerized properly records In the Assessing Dept This dab has not been reconctisd with dale contained is mental flee whkh may be more i .bdae. Kodiak blend Borough Community Dewlopmed Deprbrelt Current ZoninW P & Z Case # S09 -010 Michael Anderson Request Preliminary�roval, according to KIBC 16.40. of the re- subdivision of 8 & 19. Bk 2. Trinity Islands Subd; & the re- subdivision of Lt 3B -1. Lt 3B -2. & Lt 2, Bk 1. Kadiak Ak 1st Add: & Lt 2. Bk 2. Kadiak Ak1st Add: including a vacation of the 60 -foot wide Perenosa Drive ROW. according to KIBC 16.60, creating Lts 18A & 19A. Bk 2. Trinity Islands Subd. & Lts 3B -1A & 2A. Bk 1 Kadiak Ak 1st Add: Lt 2A, Bk 2. Kadiak Ak 1st Add: & Tracts B (Utility Corridor) and C (Park), within Kadiak Ak 1st Addition. Business J Conservation Industrial Light Industrial Natural Use Public Use J Single Family Residential L l Two Family Residential Legend Multi Family Residential Retail Business Rural Neighbor Commercia Rural Residential Rural Residential 1 Rural Residential 2 Spilt -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June. 2005. Alaska Highway System, GPS centerline data, National Highway System. Highways, Roads, Streets.. Alaska D.O.T. Sept 2002 Contour Infomwtion:USGS DigiW Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:83,350 Created in ArcGIS 9, NAD 27, State Plans 5 Parcel infonnatlon is taken from selected folds in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual hes which may be more up-to - data. Kodiak Island Borough Canmunity Development Department. DATE: November 10, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the November 19, 2008 Regular Meeting CASE: S09 -010 APPLICANT: Michael Anderson REQUEST: Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60- foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 15 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. LOCATION: Perenosa Drive (generally located between Katmai Ridge Subdivision and Sitkinak Drive). Surrounding area zoned R -3 Multi- Family Residential Zoning District and B - Business Zoning District. public hearing notices were mailed on Oct. 20, 2008. ZONING: Eighty four (84) Date of site visit: 1. 2. 3. 4. 5. MEMORANDUM Minimum lot size: Compliance: Minimum lot width: Compliance: Existing land uses: Compliance: Existing structure(s) on the property: Compliance with setbacks: Compliance with other zoning regulations: Encroachments: Topography: Provides good building sites: Case S09- 010 - /Staff Report Public Hearing Item VI -A Various 7,200 sqft Yes 60 feet Yes Vacant right of way n/a None n/a Yes No n/a Page 1 of 10 P & Z: Nov. 19, 2008 Public Hearing Item VI -A Provides good parking areas: n/a Allows driveway construction to meet n/a maximum slope requirement: n/a 6. Physical Features: Wetlands, streams, drainage courses: n/a Need for driveway /access restrictions: No Adequate line of sight: n/a Adequate access for additional traffic volume: n/a Adequate access from a safety standpoint: n/a Neighborhood character: Medium /High Density Residential Double frontage Tots: No Flag lots: No Adequate access for fire apparatus: Yes Utility installation meets Title 13: Yes Common wall or zero -lot line: No Frontage on dedicated public right -of -way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: n/a APPLICABLE CODE PROVISIONS: Per Kodiak Island Borough Code 16.20.230 — Vacation. The act of making legally void any right -of -way, easement, public area, or other public interest. Per Kodiak Island Borough Code 16.60.010 — Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem [italics added] the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. Per Kodiak Island Borough Code 16.60.020 - Applicants A platted street may not be vacated except on petition of the state, the borough, a public utility or owners of a majority of the land fronting the part of the street sought to be vacated. The petition shall be filed with the platting authority and shall be accompanied by a copy of the existing plat showing the proposed vacation. Case S09- 010 - /Staff Report Page 2 of 10 P & Z: Nov. 19, 2008 Coastal Management Applicable Policies Public Hearing Item VI -A Per Kodiak Island Borough Code 16.60.030 — Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda (the Friday after the regular monthly meeting) to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. Per Kodiak Island Borough Code 16.60.060 Additional approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. 4.4 Enforceable Policies B. Coastal Development Policy B -1: Multiple Use a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need for duplicative facilities. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Policy B -3: Dredge and Fill Activities a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures In or adjacent to coastal waters and placement of dredged or fill material Into coastal waters. Case S09- 010 - /Staff Report Page 3 of 10 P & Z: Nov. 19, 2008 Public Hearing Item VI -A C. Natural Hazards Policy C -1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re- vegetate with native species for areas where development necessitates removal of vegetation, unless re- vegetation activities would cause more damage. g b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. D. Coastal Habitats and Resources Policy D -5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures Into the project description regarding the siting of wind generation projects to minimize mortality to birds. These measures shall include, but are not limited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and Case S09- 010 - /Staff Report Page 4 of 10 P & Z: Nov. 19, 2008 Public Hearing Item VI -A 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. I. Archaeological and Historic Resources Policy 1 -1: Consultation and Surveys a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entitles and the Alutiiq Museum. b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(1) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility If artifacts are discovered on the project site. b. This policy Is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described In Section 4.5.4. It applies to all uses and activities that could affect these resources. K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Case S09- 010 - /Staff Report Page 5 of 10 P & Z: Nov. 19, 2008 b. This policy applies to the sand and gravel standard (11 MC 112.260). 4.5 Designated Areas 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A Public Hearing Item VI -A Case S09- 010 - /Staff Report Page 6 of 10 P & Z: Nov. 19, 2008 .41 GCI Cable. Inc. Kodiak Island Borough — Engineering & Facilities Dept. Kodiak Island Borough Parks & Recreation Committee Kodiak Electric Association: Comment 10/27/08: No comment ". Public Hearing Item VI -A REVIEW AGENCY COMMENTS Alaska Communications Systems - Engineering Dept. — Kenai Comment 10/29/08: "The front 10 feet of the 20 foot building setback and the entire setback within 5 feet of the side lot lines is a utility easement. No permanent structure shall be constructed or placed within the utility easement which would interfere with the ability of the utility to use the easement". Alaska Dept. of Transportation & DublIc Facilities — Central Region Planning City of Kodiak — Building Officials Comment 10/21/08: "There is no access shown from Rezanof drive through lot 3B -2 to Lot 2A as drawn on the plat dated July 16"', 2008. An easement or property line removal is required to assure continuous access to lot 2A. This is a requirement of the 2006 International Building Code. Please see comment from our plan review and the definition of public access." "Details for access, fire - fighting, and similar issues: a. The site plan/A1.0 shows the access drive starting some 84' in from what appears to be a street property line. That rectangular lot or subdivision is not identified as to ownership. To be a public way, it has to be shown dedicated to public. Section 1002.1." "PUBLICWAY: A street, alley or other parcel of land open to the outside air leading to a street, that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width and height o not less than 10 feet (3048 mm) ". City of Kodiak — Public Works Dept. Comment 10/25/08: 'The City of Kodiak Public Works Department has no objection to vacating a portion of the Perenosa Drive Right of Way and tuming it into a 30 foot wide Public Utility Right of Way". "The utilities must be located within a Right of Way per City Code section 13.18.20 (C) for the City to take ownership of the utilities ". in addition the Public Utility Right of Way needs to be extended in a southerly direction to meet the north property line of Lot 2A Blk 1 so It can be served with water and sewer utilities or a utility easement created across Lot 2A Bik 2 so Lot 2A Bik 1 can be served with water and sewer utilities ". Bayside Fire Dept. Case S09- 010 - /Staff Report Page 7 of 10 P & Z: Nov. 19, 2008 Public Hearing Item VI -A STAFF COMMENTS This request is a reprise of Planning & Zoning Commission Case No. S03 -030 initially reviewed at the January 21 2004 Regular Meeting of the Planning & Zoning Commission. Responding to Commission concem, the petitioner revised the original request and received the Commission's preliminary approval for the vacation at the February 18 2004 Regular Meeting of the Commission. The complicated nature of the vacation request, the number of abutting property owners, and personal business imperatives of the petitioner resulted in untimely delay. As a consequence, the twenty -four (24) month allowance for filing the final plat passed and the original action was unable to be finalized. The proposed vacation eliminates a portion the undeveloped right -of -way. The vacated portions accrue to the abutting property owners. That portion of the existing right -of- way to be vacated would assume the current zoning of the abutting properties, i.e., R -3 Multiple Family Residential Zoning District and B — Business, per Kodiak Island Borough Code Title 17.09.050 - H. A prior vacation of a portion of this existing right -of -way came before the Commission as part of the Katmai Ridge Subdivision review in May of 2002. In that action, the commission approved the vacation of the right -of -way extending through the proposed new subdivision, and retained portions on either side of the new subdivision for public purposes. One portion was retained for the purpose of solid waste collection, and one portion was retained for the purpose of designation of a "pocket park ". Both of these reservations recognized the non - essential nature of the effected portions of the undeveloped right -of -way for purposes of vehicular access. The formalization of the pocket park concept is incorporated into this request, and identified on the plat as Tract C. (Note on Administrative Process) Within in the section on Applicable Code Provisions, reference has been made to: Kodiak Island Borough Code 16.60.060 Additional approval required, paragraph A, which reads, "A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. Case S09 -010- /Staff Report Page 8 of 10 P & Z: Nov. 19, 2008 0 0 Public Hearing Item VI -A The corollary of this paragraph is that if the decision of the Commission is to deny the application, then there is no "right of appeal" In other words, in order for the request for vacation to advance for review before the Assembly, the Commission must first grant the request. At that point, the Assembly may take the affirmative step of vetoing the Commission's decision, or take no action and allow the Commission's decision to stand. Under either scenario, i.e., overt veto or acquiescent approval, per Kodiak Island Borough Code 16.60.060 B, "...veto or approval...is a final legislative decision and is not subject to administrative appeal ". Case S09- 010 - /Staff Report Page 9 of 10 P & Z: Nov. 19, 2008 Public Hearing Item VI -A RECOMMENDATION Staff recommends approval of this request subject to five (5) conditions of approval. APPROPRIATE MOTION Move to grant preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1" Addition , subject to the conditions of approval contained in the staff report dated November 10, 2008, and to adopt the findings in that staff report as "Findings of Fact" for case S09- 010. CONDITIONS OF APPROVAL [1] This vacation of right -of -way is subject to Kodiak Island Borough Assembly veto per Kodiak Island Borough Code 16.60.060 A. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. [3] That remainder portion of the Perenosa Drive right of way identified as 'Tract B" shall be dearly identified on the face of the plat as "Right of Way ". [4] Lot 3B -2 Block 1 Kadiak Alaska Subdivision 1 Addition shall be incorporated into Lot 2A Block 2 Kadiak Alaska Subdivision 1s Addition (attachment 1). [5] A utility easement, extending from the unvacated portion of the Perenosa Drive Right of Way, sufficient to serve proposed Lot 2A Blodc 1 Kadiak Alaska Subdivision 1s Addition shall be granted in favor of proposed Lot 2A Block 1 Kadiak Alaska Subdivision 1s Addition and appear on the face of the plat (attachment 2). FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. Case S09 -010- /Staff Report Page 10 of 10 P & Z: Nov. 19, 2008 P & Z CASE No. S09 -010 PUBLIC HEARING ITEM No. V1 -A Michael Anderson ATTACHMENT (1) ILLUSTRATING CONDITION [4] Incorporate Lot 3B -2 Blk 1 into Lot 2A Blk 2 P & Z CASE No. S09 -010 Michael Anderson ATTACHMENT (2) ILLUSTRATING CONDITION [5] PUBLIC HEARING ITEM No. V1 -A Create utility easement in favor of Lot 2A Blk 1 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 KIK 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 bearing 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, November 12, 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 -936 '1 Your Name: t ftL /�(( /4h 1 Maing Address. ! • 0 S if L Your property riptlea: t O X i L / A/ /PAM— Comments: D pe f?; -std 7 ibY�/t.QO/6cL C�D,P O • lS `%L 0 U E F• ' V ' NOV 1 7 2008 -1,..,- ie!t' y nr 'ri nrn /713 IEPARTME' KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Publi ig Item VI- PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 19, 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: S09 -010 APPLICANT: Michael Anderson REQUEST: Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B- 1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska l'` Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1" Addition. LOCATION: Perenosa Drive Right -of -Way ZONING: B- Business and R3- Multi- family Residential This notice is being the request. If you to the Community our fax number during the appropriate The toll free telephone One week prior in the Kodiak Island Kodiak Island decision on this at 486 -936 Your Name: sent to you because our records indicate you are a property owner /interested party in the area of do not wish to testify verbally, you may provide your comments in the space below, or in a letter Development Department 'War to the meeting. If you would like to fax your comments to us, is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments public hearing section of the meeting. The local call -in telephone number is 486 -3231. number is 1400- 478 -5736. to the regular meeting, on Wednesday, November 12, 2008, a work session will be held at 7:30 p.m. Borough Conference Room ( #121), to review the packet material for the case. Borough Code provides you with specific appeal rights if you disagree with the Commission's request. If you have any questions about the request or your appeal rights, please feel free to call us J � /( T/I� t pfd;epki Mail / &. Zvi, L 4t , / ingAddreu:: �r rIflai i ( 'AIL /!! Gi lii:OZO l Veer mope dodos: : i _ . y Comments: /34//e b0-%t../ l t � eJ.,(, //..4 �OX/.TJ i �/.,i(} C : r NOV 1 7 2008 , ,gyp +}� (r nM 1• n 1• I }T/ r� 7 rr1 n�rrrtr ' lr. r ART y . - 1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 19, 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: S09-010 APPLICANT: Michael Anderson REQUEST: Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B- 1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska 1" Addition; including a vacation of the 60 -foot wide Pcrenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -IA and 2A, Block 1, Kadiak Alaska 1" Addition; Lot 2A, Block 2, Kadiak Alaska 1" Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1" Addition. LOCATION: Perenosa Drive Right -of -Way ZONING: B- Business and R3- Multi- family Residential 11 1 r c . PA x I rai Pt: f 1 1 fi ll ,..11: „ a; - f ‘Arr arcw?Ts my Atlr siin r is L„ LIME MV a DLOGK mi• / � _ S i MIS a µs RSZA1 Or LYt /VC CHIT f k SOP 2 € {i tA i t r ft 3 3 AS I; 1 4 r4 : ADO TO Notes: The front 10 feet of the 20 foot building setback and the entire setback within 5 feet of the side lot lines is a utility easement. No permanent structure shall be constructed er placed within the utility easement which would interfere wlJgthe ability of jh% utility to use the easement DATE lV BY ALASKA COMMUNICATIONS SYSTEMS TRACT 1, � UT1 l' TY GORR pOR) rti cb. 1e 84..99 99,61 cg LOT 31 N 21, 838 t. U s� 9.514 84.79 s e9"..54' 3t / I ` N 89' 9 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 orbr 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 1400- 478 -5736. One week prior to the regular meeting, on Wednesday, November 12, 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:_ &4v 1 P 1 dS Mailing Address: e i, an Z, f Your property description: Commeab: . • , , 1 .. , 1i 2' ,41/ .• g4 ij' Atrd4' f / e al -req.(' f 70d _ / ` r'Ju s r¢ - 4ti�'vb _ ECF11V 1_ • ....--- , i NO / AA cim ft /WI 1--- . ril 3 b L i `1, +M 1NIiY CCVCl0PMCNT DCPAR;iMILN' KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 19, 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: S09 -010 APPLICANT: Michael Anderson REQUEST: Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B- 1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1 "` Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1st Addition; Lot 2A, Block 2, Kadiak Alaska l Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 at Addition. LOCATION: Perenosa Drive Right -of -Way ZONING: B- Business and R3- Multi- family Residential ��-.s � .. .saw: �j dmathers @city.kodiak.ak.us thansen @, city.kodiak.ak. us Date: 10/21/08 To: Community Development Department Regarding: Case S09 -010 From: City Building Department 0 • BUILDING DEPARTMENT 710 MILL BAY ROAD, ROOM 208 KODIAK, ALASKA 99615 TELEPHONE 907 -486 -8070 907 - 486 -8072 FAX 907 -486 -8071 There is no access shown from Rezanof drive through lot 3B -2 to Lot 2A as drawn on the plat dated July 16th 2008. An easement or property line removal is required to assure continuous access to lot 2A. This is a requirement of the 2006 International Building code. Please see comment from our plan review and the definition of public access below "Details for access, fire- fighting, and similar issues: a. The site plan /A1.0 shows the access drive starting some 84' in from what appears to be a street property line. That rectangular lot or subdivision is not identified as to ownership. To be a public way, it has to be shown dedicated to public. Section 1002.1" PUBLICWAY. A street, alley or other parcel of land open to the outside air leading to a street, that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width and height of not less than 10 feet (3048 mm). rOMMUNITY DEVELOPMENT DEPARTMry: 1 (907) 488 -7700 Box 787 KODIAK, ALASKA 99615 October 24, 2008 Sheila Smith, Secretary Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Ms. Smith: Following are comments on the plats sent to us for review under your cover letters dated October 20th, 2008: Case S09 -010. No comment. Case S09 -011. Request for vacation of a five foot portion of a 50 -foot wide road and utility easement across the front of Lot 5A, U.S. Survey 3466. KEA objects to this vacation as there is an existing, overhead power line in this easement. Please see the attached sketch. Thanks for the opportunity to comment. Sincerely, Jim Devlin Engineering Manager Kib102408.wpd OCT 10- 25- 08;03:13AM; PUBLIC WORKS DEPARTMENT 2410 MILL BAY ROAD KODIAK, ALASKA 99615 TELEPHONE (907) 486 -8060 FAX (907) 486 -8066 Date October 23, 2008 To: Sheila Smith, Community Development Department From: Mark Kozak, Public Works Director ! "bL Subject: Review of Case S09 -010 W ;907- 486 -8088 # 2/ 2 The City of Kodiak Public Works Department has no objection to vacating a portion of the Perenosa Drive Right of Way and turning it into a 30 foot wide Public Utility Right of Way. The Utilities must be located within a Right of Way per City Code section 13.18.20 (C) for the City to take ownership of the utilities. In addition the Public Utility Right of Way needs to be extended in a southerly direction to meet the north property line of Lot 2A Blk 1 so it can be served with water and sewer utilities or a utility easement created across Lot 2A Blk 2 so Lot 2A Blk 1 can be served with water and sewer utilities. Mr. Michael Anderson PO Box 2310 Kodiak, AK 99615 Re: Case S09 -010. Request preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 1 9A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1" Addition. Dear Mr. Anderson: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their November 19, 2008 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, November 12, 2008 at 7:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, eLtgo, Sheila Smith, Secretary Community Development Department Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us October 20, 2008 To: FROM: Sheila Smith, Secretary DATE: October 20, 2008 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us PRELIMINARY PLAT REVIEW AGENCIES Alaska Communications Systems- Engineering Department -Kenai Alaska Dept. of Transportation & Public Facilities - Central Region Planning City of Kodiak- Building Officials City of Kodiak - Public Works Department Bayside Fire Department GCI Cable, Inc. Kodiak Island Borough - Engineering and Facilities Department Kodiak Island Borough Parks & Recreation Committee Kodiak Electric Association - Engineering Department RE: Case 809 - 010. Request for preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1"` Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1" Addition. The Kodiak Island Borough Community Development Department received the enclosed plat for review and action by the Kodiak Island Borough Planning and Zoning Commission at theirNovember 19, 2008 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. We would appreciate your review and comment regarding this proposed plat. The week prior to the regular meeting on Wednesday, November 12, 2008 at 7:30 p.m. in the Kodiak Island Borough Conference Room, the Commission will hold a work session to review the packet material for the regular meeting. Therefore, we will need to receive your comments no later than 5:00 p.m. on Friday, November 7, 2008 in order for your comments, suggestions, or requests to be considered by staff and discussed at the packet review work session. If we do not receive a written response from you by November 7th, we will conclude that you have no requests or suggestions. Our FAX number, should you wish to use it, is 486 -9396. If you have any questions, please call the Community Development Department at 486 -9363. 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 gdgE 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, November 12, 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 Note: Montag Address: Your property deeeripdo.: Comments: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 19, 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: S09 - 010 APPLICANT: Michael Anderson REQUEST: Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B- 1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1` Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. LOCATION: Perenosa Drive Right -of -Way ZONING: B- Business and R3- Multi - family Residential 6y Phu to -2O -Oe i 1 i 4 a fllf Y r I 4110 4 • RELNIAOC ' G9 / EMIT WO ?� 'Uri' S Hat 1 �11 � I it 1 fi 11 1 8 . • a 1 a 1I AI IV na U �A o ) fl' a z la 1 559. r 4 _ u .s 3• -car LW! .+•w1T7 mw ia�� tm. /4 lio I 11 BRECHAN ENTERPRISES INC DUNCANFIELDS MICHAEL ANDERSON, LLC P.O. BOX 1275 PO BOX 25 PO BOX 2310 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK, AK 99615 ANDERSON CONSTRUCTION CO, LLC P O BOX 2310 KODIAK, AK 99615 AARON & SABRINA SUTTON 4005 SPRUCE CAPE RD KODIAK, AK 99615 RAYMOND MAY PO BOX 8985 KODIAK, AK 99615 MARGENE ANDRUS ETAL PO BOX 852 KODIAK, AK 99615 PHILLIP JENNIFER JORDINELLI 3381 TUGIDAK CT KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 DENNIS & PAMELA DUPRAS PO BOX 4223 KODIAK, AK 99615 GREGORY & LINDA PAPINEAU PO BOX 8555 KODIAK, AK 99615 AGUSTIN IRAHETA PO BOX 799 KODIAK, AK 99615 THOMAS & MARY JO WALLO 1606 HONEYSUCKLE CT ENCINITAS, CA 92024 MARY JOY SMITH 3425 TUGIDAK CT KODIAK, AK 99615 FRED & IRENE COYLE PO BOX 2071 KODIAK, AK 99615 MATTHEW HARTT ETAL PO BOX 3382 KODIAK, AK 99615 DANE & ALAYNE LARSEN PO BOX 29 KODIAK, AK 99615 CHARLES & JEAN BARBER PO BOX 3496 KODIAK, AK 99615 CRAIG & CINDY WALTON PO BOX 477 KODIAK, AK 99615 DAVID • ANDREA MORTON 2983 EXETER DR CLEARWATER, FL 33761 THOMAS & LAURA KELLY 2020 BEAVER LAKE DR. KODIAK, AK 99615 RAM DEVELOPMENT ETAL PO BOX 2310 KODIAK, AK 99615 EUGENE & MELISSA BUTLER 212 MURPHY WAY KODIAK, AK 99615 NICHOLAS NEKEFEROFF PO BOX 1331 SITKA, AK 99835 ROGER N & SUSAN MALUTIN PO BOX 2846 KODIAK, AK 99615 ORLANDO & RUTH MERCADO ETAL PO BOX 3011 KODIAK, AK 99615 ALWERT FISHERIES INC P.O. BOX 1711 KODIAK, AK 99615 MAURICE COSTELLO PO BOX 754 KODIAK, AK 99615 GARY DARRAH PO BOX 1943 KODIAK, AK 99615 .np9 -0∎0 MICHAEL ANDERSON LLC P 0 BOX 2310 KODIAK, AK 99615 ERIC & LAVENDER BEATTIE 3248 KATMAI DR. KODIAK, AK 99615 BRENDA SCHWANTES PO BOX 275 KODIAK, AK 99615 ANTHONY & PORFIRIA TROUT 3214 KATMAI DR KODIAK, AK 99615 JOHN & BROOKE HALL 3227 KATMAI DR KODIAK, AK 99615 GARRY & PATRICIA KERNAN 3239 KATMAI DR KODIAK, AK 99615 MICHAEL & MARY GATLIN 3251 KATMAI DR KODIAK, AK 99615 JERLING ENTERPRISES, LLC 1212 MADSEN AVE. KODIAK, AK 99615 JOEL &CHERYLBOLGER 3258 KATMAI DR KODIAK, AK 99615 CAMI WARNER PO BOX 8773 KODIAK, AK 99615 JASON BALL PO BOX 9057 KODIAK, AK 99615 DUSTIN & TRICIA KRUG PO BOX 1971 KODIAK, AK 99615 JOHN LARSEN ETAL 3231 KATMAI DR KODIAK, AK 99615 ALAN & HOLLY WILTSE 3243 KATMAI DR. KODIAK, AK 99615 DAN J HELM PO BOX 4074 KODIAK, AK 99615 KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD WOODSIDE MANOR KODIAK, AK 99615 TODD & KRISTINE EMERSON PO BOX 190665 KODIAK, AK 99615 MICHAEL & USA REUTER PO BOX 1489 KODIAK, AK 99615 MARTHA RANDOLPH PO BOX 414 KODIAK, AK 99615 MARY OCAMPO PO BOX 3621 KODIAK, AK 99615 JOHN & JOAN BURNETT PO BOX 8535 KODIAK, AK 99615 BRIAN HORNICKEL ETAL PO BOX 742 KODIAK, AK 99615 AARON & ANGELA AYTES 3259 KATMAI DR KODIAK, AK 99615 ST PAUL LUTHERAN CHURCH P 0 BOX 102 KODIAK, AK 99615 ROBERT& MYRNA BARTON MICHAELKERWOOD CHRISTOPHER E OTTO PO BOX 8995 PO BOX 4115 PO BOX 8424 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOSEPH & ANITA BAILOR 3535 SITKINAK DR KODIAK, AK 99615 STEVEN & GLENDA COOLEY PO BOX 4271 KODIAK, AK 99615 LESLIE & MICHELLE PHILMON PO BOX 2975 KODIAK, AK 99615 MICHAEL & SHANNON O'NEAL 3548 SITKANAK DR KODIAK, AK 99615 KODIAK CHRISTIAN SCHOOL PO BOX 49 KODIAK, AK 99615 GREGORY & MICHELLE PENNINGTON P.O. BOX 439 KODIAK, AK 99615 EUGENE CAPOZZI 3265 WILTON WHITE WAY KODIAK, AK 99615 MK ENTERPRISES, LLC PO BOX 2338 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 KARLETON & SHIRLEY SHORT 3446 SITKINAK DR KODIAK, AK 99615 ENERGY PLUS HOMES INC PO BOX 1066 KODIAK, AK 99615 STEVEN & SARAH TIDWELL PO BOX 1547 KODIAK, AK 99615 CLAYTON SKONBERG 3600 SITKINAK DR KODIAK, AK 99615 ARTHUR SCHULTZ 1931 E. 72ND AVE ANCHORAGE, AK 99507 MK ENTERPRISES, LLC PO BOX 2338 KODIAK, AK 99615 BRANDON HALES PO BOX 1972 KODIAK, AK 99615 KENNETH & MEAGAN CHRISTIANSEN 1849 MARMOT DR KODIAK, AK 99615 DANE & ALAYNE LARSEN PO BOX 29 KODIAK, AK 99615 ROLAND & FRANCE DORMAN PO BOX 68 KODIAK, AK 99615 JOHN & REBECCA HUSTER PO BOX 1029 KODIAK, AK 99615 JOSE & ELSA CASTRO PO BOX 2246 KODIAK, AK 99615 EMIL & HEATHER NORTON II PO BOX 4304 KODIAK, AK 99615 DOROTHY BENT 4770 KLONDIKE #2 ANCHORAGE, AK 99508 ROBERT E HILLIS III PO BOX 847 KODIAK, AK 99615 ALAN & ROSE WOLF PO BOX 791 KODIAK, AK 99615 ACOSTA RENTALS, LLC PO BOX 723 KODIAK, AK 99615 PRESTON & WENDY VAN CUREN 3300 WILTON WHITE WAY #A KODIAK, AK 99615 SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, KODIAK, ALASKA 99615 - (907) 486 -9363 APPLICANT INFORMATION Applicant's name: M 1Cl1.L14 W. A t4 ryc i Box 23rd Applicant's mailing address: City: Kadluk State: AK Home phone: Work phone: 4 5551 If applicable, agent's/surveyor's name: A Agent's/surveyor's mailing address: City: State: ZIP: Home phone: Work phone: Property ID Number /s: Current legal description: Proposed legal description: 6YI UI),S Date: S l'l PROPERTY INFORMATION p�erelkow Pr. Tow STAFF USE ONLY Preliminary plat (up to 12 Lots) KC 16.40 Abbreviated plat KIBC 16.30 Vacation KIBC 16.60 Waiver ..i: 16.10.0 Application received by: (p �; 5'17 _ N: \CD\ Templates \ComDev\Forms\F - Revised Subd Application 7_13_05.DOC ZIP: '96(5 Subdivision Fees Payable in Cashier's Office Room # 104 Fee Schedule: (per KIB Assembly Resolution Eff. July 1, 2005) Abbreviated Plat Preliminary Plat Vacation Waiver $300.00 $350.00 f $350.00 $75.00 ' -01- /2 16.40.040 Data required. A. The preliminary plat shall include the following information: 1. date, scale, and north arrow; 2. the approximate acreage or square footage and dimensions of each lot of the proposed subdivision and the number of lots contained therein. Calculations of lot areas to meet zoning district area regulations shall not include any land subject to tidal action below the man high tide line; 3. name of the proposed subdivision; 4. names and addresses of subdivider(s) and the preparer of the plat; 5. location map of the subdivision, giving the number of the section, township, range, and U.S. survey, if applicable, to which reference may be made; 6. a property map of the proposed plat areas, including: a. the location of all property lines; b. a topographic survey with contours at suitable intervals [generally five (5) feet], unless the plat is a reversion to acreage, is a minor change to existing lot lines, or vacates existing lot lines, rights -of- way, or easements. Topographical surveys mast be done on an accepted, established vertical datum. Government prepared topographic data is acceptable to net this requirement, if no changes to site topography have taken place since the date of the topographic survey; c. the general location of streams, lakes, swamps, and drainage courses, including the location of foodplain areas; d. dedicated rights -of- way, patent reserves, road easements, and reservation, and other constructed roadways located within and abutting the area to be platted, including right -of -way widths; e. section lines, If surveyed. Protracted section lines may be shown with a dashed line outside of U.S. surveys or other surveys that were established before the section lines were surveyed Protracted section lines are not to be shown within U.S. surveys; f. adjacent property lines shall be shown with a dashed line to show their general relation to the proposed plat; and g. the location of known existing facilities and structures within the proposed subdivision, such as buildings, sewage system, utility easements of record or in use, excavations, bridges, culverts, water systems, and wells. 7. streets, street names, public and private rights -of- -way and roadway widths, and other right -of -way easements within the plat showing location, width, and purpose; 8. man high water line on all lands affected by tidal action; 9. lot lines and lot designations by lot and block numbers; 10. designation of any lots proposed for zero-lot -line development; 11. designation of proposed parks, playgrounds, schools, and other public uses; 12. the copy of the plat of record or the district recorder' a plat number, if available; and 13. A soils report, prepared by a professional engineer, geologist or other person with demonstrated training in soils mechanics may be required when deemed necessary by the commission. Said report should describe the soil conditions using the Unified Soil Classification System and identify foundation and grading problems associated with the soil, such as ground water and bedrock depth. The report should provide soils engineering guidelines for development including recommendations for subsurface drainage and excavation of unsuitable materials, if appropriate. 16.40.050 Lot design and improvaneals required procedure. A. The size and shape of lots shall be such as to provide usable building sites appropriate for the locality in which the subdivision is located. The following items, among others, may be taken into consideration by the commission in determining the appropriateness of the subdivision for the locality in which the subdivision is located: 1. adequacy of access for additional traffic volume; 2. adequacy of access from a safety standpoint (e.g., rod grades, line of sight considerations); 3. potential drainage problems; 4. neighborhood character (e.g., existing development characteristics, including the size and shape of existing lots, the extent of existing development, and the topography in the neighborhood); and 5. the commission shall also take into consideration the adopted policies of the Kodiak Island Borough Coastal Management Program that relate to the proposed subdivision and based on these policies may require conditions of approval, where feasible and prudent, to implement the policies of the Kodiak Island Borough Coastal Management Program. B. Lots shall also meet, at a minimum, all of the following criteria: 1. minimum lot size and widths shall conform to the requirements of the borough zoning ordinance unless a variance from tike zoning requirements is granted by the commission; 2. double frontage lots shall not access onto designated collector or arterial streets and will generally only be allowed where topography allows no reasonable altemoive; 3. two (2) types of flag lots are allowed, as follows: a. type I flag lot: 1) a single stem type I flag lot shall have a note on the final plat which prohibits future subdivision of the lot and shall have a staff with a minimum width of thirty (30) feet; or ii) two (2) type 1 flag lots with adjacent steams shall have a note on the final plat which prohibits f dare subdivision of the lots and each flag stem shall have a staff with a minimum width of twenty (20) feet. b. type II flag lot: i) a single stem type A flag lot may be further subdivided if the staff is a minimum of sixty (60) fed wide; or ii) two (2) type 11 flag lots with adjacent stems may be further subdivided if the staffs of each stem are a minimum of thirty (30) feet wide; 4. the driveway access standards of chapter 15.26 of this code; 5. the fire apparatus access road requirements (section 10.207 of the Uniform hire Code) of chapter 15.24 of this code; 6. the utility installation requirements of Title 13 Utilities of this code; 7. lots platted with a common wall or zero lot line intent shall be designated as such on the final plat; and 8. all lots should have frontage on • dedicated public right -of- way. Generally, access easements may be allowed only when the property proposed for subdivision is accessed by an easement or has no dedicated public acres. Lots greater than ten (10) acres and described as an aliquot part many be provided access through an easement which has been approved as to form by the attorney and as to adequacy by the commission. C. Subdivisions are also required to meet the improvement standards contained in chapters 16.70 and 16.80 of this title. N:\CD \Templates\ComDev\Forms\F- Revised Subd Application 7_13_05.DOC 7/13/2005 map Kodiak Island Borough Assembly /Clerk 716 Upper Mill Bay Rd. Kodiak, Alaska 99615 Greetings, We the undersigned respectfully request you to amend the agenda of the Feb. 19, 2009 Assembly meeting by moving up item — D. 1. Under New Business "APPEAL TO THE ASSEMBLEY as early as permissible in the agenda. We ask this because most eligible constants in this matter have small children whom have to be tendered to and the late hour as scheduled could prevent some of us from testifying. Thank you for your consideration, ( eatt, 2as K4-6.„,„„; (716'aP WJt iQ kairvin `Rth A 3x39 ��i�.� hr- 5-1Z -z9zs eavri,( 32- i4 �". Z o6ZILI n• 325% Kt4 1))2. 33( 44 ,►fir. Z ' 32-1 1 6 . FEB 1 7 2009 S z 6 J/J4 T, ,t ® ( Feb. 16, 2009 539 - 51 'et ( - 5)2 =. 747 1,72 ,41 .a".7v * A, Kodiak Island Assembly /Clerk 716 Upper Mill Bay Rd. Kodiak, AK 99615 Greetings, We the undersigned respectfully request you to amend the agenda of the Feb. 19, 2009 Assembly meeting by moving up item — D. 1. Under New Business "APPEAL TO THE ASSEMBLEY" as early as permissible in the agenda. We ask this because most eligible constants in this matter have small children whom have to be tendered to and the late hour as scheduled could prevent some of us from testifying. Thank you for your consideration, iA!/ • Pk bluff S Nix) She,.etE -A, Ril 3219Z, 6)-0 . -fm r3 </7 Feb. 16, 2009 Kodiak Island Borough Assembly /Clerk 716 Upper Mill Bay Rd. Kodiak, Alaska 99615 Greetings, We the undersigned respectfully request you to amend the agenda of the Feb. 19, 2009 Assembly meeting by moving up item — D. 1. Under New Business "APPEAL TO THE ASSEMBLEY as early as permissible in the agenda. We ask this because most eligible constants in this matter have small children whom have to be tendered to and the late hour as scheduled could prevent some of us from testifying. Thank you for your consideration, I r Feb. 16, 2009 F E B 1 7 2009 177 P. (a ;,. 3c s i �. 9 4' /' tat 3 ,243 ¢alma 'or � A &23 ? s r C bu `3z / 72a r L , - v4 r i?J'.-7 1Zo6z►2 i , tes 325S wIA n�2 3I tic . Dr- zz:3( In d cA tQ S Z6g PI4 ifm -/ 0 ( 539 -51ict c a: // e0 41-174/,c' w_ C 1 l 'i \ .?2 2 7 K41tm,4Z a-w. Sit - 2923 Kodiak Island Assembly /Clerk 716 Upper Mill Bay Rd. Kodiak, AK 99615 Greetings, We the undersigned respectfully request you to amend the agenda of the Feb. 19, 2009 Assembly meeting by moving up item — D. 1. Under New Business "APPEAL TO THE ASSEMBLEY" as early as permissible in the agenda. We ask this because most eligible constants in this matter have small children whom have to be tendered to and the late hour as scheduled could prevent some of us from testifying. Thank you for your consideration, di I !' ■A ail.. / S- 41,i is Di ��ol° L U rt } 7/24 1214 - 3D-(a_ Shi..41 -4, QGI. 32 ?2 - (-3 a 7 Z��/ Q . Feb. 16, 2009 f APPEAL HEARING FORM 0 Name: Comments: This written argument is in support of the appeal, This written argument is in opposition of the appeal. Ur) kti 4 c.a;5 Z0 /t9 39Vd iSN00 HMf ia 9 -010 Anderson /Rdihr -. \ ppeal FEB 5 2009 10_? g A rerlielEb . Lgrrekel Fika An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval,' according to KIBC :15.40, of the re subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re of Lot 3B - 1, Lot 3B - 2, and Lot 2, Block 1, Kadiak Alaska 1' • Addition; and Lot 2, Block 2, Kadiak Alaska 1''Addition; including a vacation of the 60 - foot wide Perenosa Drive 'right - of - way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots •3B -1A and 2A. Block 1, Kadiak Alaska 1" Addition; Lot 2A, Block 2, Kadiak Alaska 1" Addition; and Tracts B . (Utility Corridor) and C (Park), within Kadlak Alaska 1" Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Residence Address: '3 . .Stt K t.,J M.- C) itt Mailing Address: Po u /AA- 1'r) t) 1-' 4 1 01 6 Written argument supporting or opposing the appeal may be submitted by email to niavierldtkodiakak.us, faxed at 907- 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK . . '99615 p rior to 5 p.m. on T hursday, Fabr uan►19, 2009. All written comments submitted on this appeal shall . ...become part of the appeal record. LZ0ti98tL06 01:01 600Z/50/Z0 John Huster 3593 Sltklnak Dr. Kodiak, Ak. 99635 Kodiak Island Borough Assembly 1 have been a resident of Trinity Island Subdivision, Lot 7, since 1995. I am not opposed to the vacation of Perenosa Drive as submitted by Mr. Anderson and the Kodiak Christian School. 1 see no benefit to the Borough by not approving vacating this portion of Perenosa Dr. I do believe that the utilities have already been Installed in the proposed utility easement, I can see no reason for this to become an access that is not needed. M the Assembly should be aware, the residents of Trinity Island Subdivision paid for the paving we have in our subdivision. Would it be right that our streets become an access for those that did not pay? We have enough land in the Borough that is not taxed or maintained, why have more. John (Jack) Huster 60 /Z0 39dd 'SHOO HMf Case S -09 -010 I Anderson /Rohrer Appeal LZ00980L06 0L :0Z 600Z/50/Z0 APPEAL HEARING FORM 21, This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: e o b I- * L4i . $a r '%r, t^, Residence Address: 3573 A. . Mailing Address: Pa B0'( B ' T5, f( ,ds a � A4 . T' L JS Case3 -40 3 Anderson /Rohrer AppBal FEB 6 2009 1 An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1St Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Q F a d- w an ,1y . tom. l e.-14.0.5 A D r • v e, r,5 k - - L 1r v .41.4 a k 3 t •o, kA a r 5 4124•5 .- t o 1'9G ecZ) 12 . VW 41 r r v T v S �- iL 5 w p f . . . ) 4 , e 4 1 . 1 4 ?� *• t a.,,. S c.k`..p) t'c, A.n-". q r 1.4 r p PA" q «S S t'O Ye e. Z. %vV 6-P •$ v CA - 1"r r r --E 4 54, cwv.�..l tt►e �/4t,� j r rp.,e f P » -v, s4 t w,.,44 - ,xA ) cw. 0 -P Q. Y`D t $ L.�L . Jv Lat", A Jar- a 14 ivy. t rl fly 'br Comments: AM bz>, Uhr14141- )3 r h z by t') p .4. t -, upm e,rs r ✓ -Ws i a.... A 5 S u b al ti vr t tors Any. 1c, �o )c . i s Jet. ,, d E] o r 0-t. So U) ti Gw, s c_,tf tr■ Written argument supporting or opposing the appeal may be submitted by email to niavierCa.kodiakak.us, faxed at 907 -486 -9391, mailed 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. February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. APPEAL HEARING FORM J FEB 1 7 2009 An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B-1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) ❑ This written argument is in support of the appeal. This written argument is in opposition of the appeal. Name: VTP.1& FfAvria,n- \616s 11 ill r1 iF1-e reer skA Residence Address: q iv Mailing Address: iCfrfyyk i ; -\j Comments: 4 * LLre Case S - 09 - 010 4 Anderson /Rohrer Appeal Written argument supporting or opposing the appeal may be submitted by email to niavierc kodiakak.us, faxed at 907 -486 -9391, mailed 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. February 19.2009. All written comments submitted on this appeal shall . become part of the appeal record. Angela Eastman -Aytes 3259 Katmai Drive Kodiak, AK. 99615 February 14, 2009 Case S -09 -010 5 Anderson /Rohrer Appeal Kodiak Island Borough Assembly, Regarding the public access area that is currently owned by the Borough and sought after by the Kodiak Christian School, this property is a necessary asset to both children of the surrounding neighborhoods and pedestrians. The neighborhood that is adjacent to this property contains many children, most of whom are elementary school age or younger and of which several are physically and or developmentally disabled. One of these children is my son who has high functioning autism. Sheratin drive is very dangerous for him to play near; the only place he can play outside our yard is the wooded area between Sheratin and Rezanov. Most of the children in our neighborhood play there and he gets better socialization and motor skill stimulation in those woods than any therapy can offer. Not only is this area a play area but it is a safe path for pedestrians. My daughter is only allowed to walk to the bike path on the other side of Rezanov by taking the pedestrian path that runs from Katmai to Rezanov and Trinity Islands. I live at the corner of Sheratin and Katmai and see daily the excessive speeding and reckless driving on that road; just this winter a drunk driver went into the ditch across the street from my house. I would not recommend anyone walk on Sheratin unless absolutely necessary, especially children. All summer I watch as children and teens from Trinity Islands, Spruce Cape, and the apartments on Sheratin take the safer route down Katmai Drive and over to Rezanov. The area sought after by the Christian School is a necessary safe zone for both children in the area and pedestrians traveling from the surrounding neighborhoods to the bike path we all enjoy so much. This property belongs in the hands of the Borough where it is open to public use, not private. Nova Javier From: garry ker [garryk6 @yahoo.com] Sent: Wednesday, February 11, 2009 2:27 PM To: Nova Javier Subject: Case No. S09 -010 Perinosa Drive Appeal To Whom it may concern, Please find attached my scanned copy of the appeal hearing form. I am in opposition to the appeal as written, but as explained on the form, if it was re- written with a minor change, I would support the appeal. If you have any further question for me or my wife, Please feel free to call. V/R Garry and Patricia Kernan 3239 Katmai Drive Kodiak, AK 99615 (907)512 -2928 hm (907)539 -7471 cell . 1 Lase J-uy-ulu y Anderson /Rohrer Appeal APPEAL HEARING FORM An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1" Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadlak Alaska 1" Addition; Lot 2A, Block 2, Kadiak Alaska 1s Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1s Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) ❑ This written argument is in support of the appeal. Case S -09 -010 10 Anderson /Rohrer Appeal IS' This written argument is in opposition of the appeal. Name: K e—c-n cht. Residence Address: 323 cA 0.4•rvk 0 ,; 1>s -;1re LIC. 15 Mailing Address: Jrrncr A s A 6 Comments: 0901 `1 1' 1 ;avO ct Ack docaN• &•k &+t c nom✓ -1+ 41-e. ffe .J x a,►n c poret it ' +o + d_ appal. AS wr: 4r I1. To s.. +Lut 4k. grope. -4( haiAr na vat,rt +D 4& ioroap. :r ;Aearnect". fl.0 GPO oar1 4 P'r;nnsa P,i -k A..„g fib. t:•- ()rflex of 1.0i 3 "4L fi-NQ. Lo-r- 2 is,u r-t; fl ft. X 1/A+1Ud- 'b +k e.r'ovi.., ©n V -I-ma; DP.'ye., -i1 .re cre Lr En+(y 3 Gh;I A(rt^A re-CD 40 • TL 4 --ry4 4 -1a I1,4. /J0r4- c&c uSe -11.e. Park 'Ark Tor 4tr k. as. Over 50 ki dt us•e 4&i N -1- Pa.r k aJ C,rrre -411 +fit 'irieaig Pc,r'.t-;Qn at' 4 ex c stiv►� Par ; i4 o $G Drhie plk ;„. ♦rJ S +h LOT a2 enAeS -Gr kn u Sln J n,to.Q (rt oy am-o. 1. ^ nur lc; 4 414 aley SA ) n t-rt. . *.ta.s U n& -r-iJ - S k t . nrt.eaO I +o V' c.& Q +he eor- - £c P24-4 c tie "Goo"- St t Dr :.a2 - t^o Lo 3 -g 2 40 Allow A c c .¢ S s Qor. 4 `Q n 0Y LIT 76 Z n Sato o 1. 2. t s 4 .; ,�a hr--Q nt eat ;n 5'4 Driut Gs 3oroct,r+ Prnper-ry gertuee.n -1'I.n._ LLf Pork ana 44.43,yw - S 1.01 '3 6 2 (W ASS SS (?o4 be i 4.1t Lm CAte 444. r- Q- •Mar,.Fn r4;7.4 . PPLC' ;no SA "Dr ;0e. Written argument supporting or opposing the appeal may be submitted by email to niavieralicodiakak.us, faxed at 907 - 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 MiII Bay Road, Room 101, Kodiak, AK 99615 prior to 5 a.m. on Thursday, February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. Nova Javier From: Robert onders [rponders @yahoo.com] Sent: Monday, February 16, 2009 9:28 PM To: Nova Javier Subject: Appeal Hearing 509 -010 This written argument is in opposition of the appeal. The Kodiak Island Borough Assembly must determine that the 60 foot Perenosa Drive right of way has no value in order to vacant the land. I commute to work on a daily basis through this right of way. I also use the right of way to walk with my son to access services on Rezanof and the paved walk way. Living on Katmai Drive, the closure of this right of way would mean that I would have to go on Sharatin and up to Rezanof to access the paved walk way. This is an extremely dangerous intersection for pedestrian crossing. I strongly urge the assembly to reject this appeal. The land has significant value as an access point to Rezanof let alone the monetary value of over 1/2 acre. To give this land away would be a disservice to the residents of the Kodiak Island Borough. Respectfully, Robert Onders 3258 Katmai Dr. 1 iU FEB 1 7 2009 E; Ldse - LPJUIV I 0 Anderson /Rohrer Appeal t*/ Nova Jadier • LdSe J From: Heather Onders [hac616 @yahoo.com] Anderson /Rohrer Appeal Sent: Wednesday, February 18, 2009 7:30 AM To: Nova Javier This written argument is in opposition of the appeal. The Kodiak Island Borough Assembly must determine that the 60 foot Perenosa Drive right of way has no value in order to vacant the land. My son and I play in the woods that inhabit the right of way daily. We love looking at the beautiful trees and the forest floor. I feel that woods offer unstructured, imaginative play that is essential for childhood developement. I feel very lucky to live in an area with dense tree growth so close to our house. I would be very sad to see the woods wiped out and a parking lot replacing the tranquility and beautify of those trees. I strongly urge the assembly to reject this appeal. The land has significant value as an access point to Rezanof, the monetary value of over 1/2 acre, as well as an area for our kids' minds to wander and explore. To give this land away would be a disservice to the residents of the Kodiak Island Borough. Respectfully, Heather Onders 3258 Katmai Dr. i J.J. APPEAL HEARING FORM ❑ • This written argument is in support of the appeal. This written argument is in opposition of the appeal. Name: IYl l ,ke _ 1Zc , tee r FEB i 7 2009 Case S -0 8 - Anderson /Rohrer Appeal An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1 st Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1s Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Residence Address: 3 2 q0 Ko 4- ,n:,A , 9 r Mailing Address: ?o. ta < /1/S 5 hexis'e. k Ilk 994, / 5 Comments: t 61 , ,� .� � ^ _ n cA n T have re u 1 e uJ r. 1 n �,r �vv� e n C SO4 cAre_ C'7Pe rc) 4 \e- et P S) P4` as e,J r = " e « . Z cee\ r\ ?'C)Pec \ ate Halve_ cprout\ ." 04' ,' tkc ckr- ve s rho use.. . -fie `arvpeA- c. cc 'cAece cAi, (1o, c,re hU+� i re '3,-c Gcea , ACi01; 5 C.nA e ; 1Aef n L \k -\'hd~ocxjk *' \e are c\ e k\-‘e Kae .\\ S ctr\ \-7) Ike pa 41- C(OSSsn 4 �. Ke �1e c �'�-�e sc �e� S 0,eeesS cc,:kA) Sq 1.‘\Q e e 5 .\-\- ct r e. kA Or- +fie ?copecA-1 �c s��.� Ct.c k noise. one... ter beL er F.Of CDC • c„� rue; s -N\-3oc-hcx u r,c‘e cske., fvtP c t Jo Usk ca' e_ 4\- e sm g l� c • : o c pc- c r Written argument supporting or opposing the appeal may be submitted by email to niaviere kodiakak.us, faxed at 907 -486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 D.M. on Thursday. February 19. 2009. All wntten comments submitted on this appeal shall . become part of the appeal record. i APPEAL HEARING FORM This written argument is in support of the appeal. This written argument is in opposition of the appeal. Name: (.tZ r azz._ Residence Address: la 3 Mailing Address: (54.4.4t.) Comments: Y (.0at e. 4 110d S -09 -010 er Appeal 12 An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right-of-way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B-1A and 2A, Block 1, Kadiak Alaska 1' Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Written argument supporting or opposing the appeal maybe submitted by email to niavier(kodiakak.us, faxed at 907 -486 -9391, mailed 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, February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. A. The Perenosa Drive ROW Has Value to the Borough. Case S -09 -010 13 Anderson /Rohrer Appeal This written argument is in opposition to the appeal for the following reasons: I live in the Katmai Ridge Subdivision with my husband and three children. My husband commutes to work through the ROW. My kids use the undeveloped right of way to play. My 10 year old son uses the ROW for building forts and planning attacks on the bigger kids' forts. My twin 3 year olds hike in the ROW and collect sticks and moss. We all enjoy the salmonberries and blueberries that are abundant in the ROW. My neighbors commute to work using the ROW. In the Katmai Ridge Subdivision, there are over forty children ranging from one year to eighteen years of age. There is at least one child in every grade of school, except one. The ROW provides safe access for the kids to travel to visit friends in the Trinity Islands subdivision. The ROW provides a safe path for the children living in Trinity Islands to get to the Katmai pocket park. Access is needed along the entire ROW from the pocket park to Sitkinak in order for the kids to reach the safe places to play. Our subdivision is sandwiched between Sharatin and Rezanof. Crossing at this intersection is very dangerous. It is icy, fast, and the view to the south is obscured. The pedestrians and children are much safer crossing Rezanof at the intersection of Sitkinak. There are long views to the north and south and it is far less icy. The kids need to travel safely across the 45 m.p.h. roadway to get to the bike path and the KANA ball fields. The undeveloped ROW provides a buffer from the noise and dust of Rezanof and the high winds of Kodiak. Our development, although zoned as multifamily dwellings, has predominantly single family homes. Our subdivision will continue to be buffered by the ROW when Ms. Bent's lot fronting Rezanof is developed. B. The Findings of the Planning and Zoning Commission Are Correct. I attended the November 19, 2008 P & Z hearing regarding this appeal. Mr. Anderson and Mr. Rohrer were not there and did not testify. Mr. Anderson's application for a vacation of the ROW did not state that he was representing the Kodiak Christian School ( °KCS ") or any other owners whose property abuts the ROW. The petition advanced no reasons why the ROW had no value to the Borough. The application contained only a reason, the KCS's need for access, for the vacation petition. All the testimony heard by the Commission was in opposition to the vacation and included descriptions of the value the ROW has to the community. Importantly, Case S -09 -010 Anderson /Rohrer Appeal the Commission elicited from staff that the ROW did not prevent the KCS from accessing its property. The Commission denied the application unanimously as there was no evidence that the ROW had no value and that Mr. Anderson represented the majority of owners whose property fronted the ROW. The Commission's findings of fact were supported by substantial evidence, were essentially uncontroverted and were clearly correct. C. The Appeal Should be Denied. Mr. Anderson and Mr. Rohrer advance several arguments in support of their appeal. However, the arguments were not presented to the Commission. Because the arguments were not presented to the Commission, the information is new evidence. If the Assembly decides the arguments have merit and are material, the Assembly must remand the case back to the Commission. KIBC 16.90.040. Mr. Anderson's argument that the ROW is of no value because the Borough would be required to develop it so that the KCS has access to its property is incorrect. Staff indicated to the Commission at the November 19 hearing that KCS can have access across the ROW to the school's property. The Borough does not incur the cost of this access. The private property owners incur the cost of constructing a driveway across a right of way. KIBC 15.35.060. Mr. Rohrer advances several arguments in favor of the appeal. First he indicates that Mr. Anderson represents the majority of landowners. If this is the case, the Commission's decision that the applicant did not represent the majority is factually incorrect. However, Mr. Anderson's application did not state this. The evidence that he was acting as an agent for others is new evidence. If it is material and effects the outcome of the Assembly's decision, the Assembly cannot find that the Commission erred and instead, must send the case back to the Commission. KIBC 16.90.040. Mr. Rohrer also indicates that "it has been proven that it [the ROW] does more service to the public by being released into the private sector and therefore being considered as part of the overall taxable land of the Borough." However, this was not argued or proven in the current application or at the public hearing on November 19. Moreover, the issue is not whether the property has more value to the Borough in the private sector than it does remaining for public use. The vacation can be approved only when the applicant proves that the land has no value to the Borough. All the evidence submitted to the Commission supported the conclusion that the ROW is being used by the public and has value to the community. 14 Case S -09 -010 Anderson /Rohrer Appeal The tax issue raises interesting points. Mr. Rohrer argues that the land would increase the tax rolls. However, only if it has value and adds that value to the private property abutting it, would it increase the assessed value and therefore, increase the taxes paid. If it has value, the Borough is prohibited from giving it away to private interests by vacating the ROW. This reason for a vacation of the property is improper. Moreover, the KCS is tax exempt and will not pay any taxes for the increased value of the ROW property once the school is operating. The person with the second most frontage on the ROW did not apply for a vacation of the ROW and may not be pleased with an increased tax bill. Mr. Rohrer finally argues that the KCS relied on the previous preliminary approval obtained in 2004. However, this argument misses the point. The Borough cannot vacate a ROW and give land to private interests because they relied on what was clearly preliminary approval. Again, the legal standard is no value to the Borough. KCS's reliance on preliminary approval was unreasonable. First, the application was not without opposition. The staff report recommended that the Commission deny the vacation for important reasons. (See attached Memorandum dated January 5, 2004) There was public opposition as well. The builder of many of the homes in the Katmai Subdivision objected and advanced many of the concems presented in testimony before the Commission by the residents of Katmai Drive. (See email of Ed Mahoney dated January 14, 2004) Additionally, the notice indicating preliminary approval clearly stated that the preliminary plat becomes "null and void" unless an extension is granted prior to expiration. (See Community Development's Letter dated April 19, 2006) When the KCS tried to file its final plat in July of 2008, it was rejected not only because the approval had expired, but also because it did not conform to the final plat requirements in several major respects. (See Community Development Letter dated September 1, 2008) D. No Right to Appeal Denial of a Vacation Application. In the staff report dated January 5, 2004, at page 7, and again in the current staff report, at page 9, the Borough staff state that there is no right to appeal a denial of the application to vacate rights of way pursuant to KIBC 16.60.060. This section dictates the process for vacations of Borough property. As the Commission denied the application, no appeal is permitted. The section under which this appeal was filed, KIBC 16.90.020, only allows for appeals from the granting or denial of approval of a plat and not from the denial 15 Case S -09 -010 Anderson /Rohrer Appeal of a vacation application, which is governed by the more specific provision KIBC 16.60.060. I certainly do not want to inhibit the KCS's current building process or their access to their school. It is my understanding that the Commission's denial does not interfere with their current building plans. To the extent that the denial may interfere, this information was not presented to the Commission. I am confident that if the Assembly remands the application to the Commission, a creative and workable compromise can be reached that will meet the needs of all of the neighboring property owners. I am writing on behalf of my family and the many children that enjoy the use of the pocket park, the undeveloped ROW and its safe access to the KANA ball fields and bike path. Thank you for your consideration. 16 MEMORANDUM DATE: January 5, 2004 TO: Planning and Zoning Commission THROUGH: Michelle R. Steams, AICP, Directo STAFF: Martin Lydick, Associate Planner C SUBJ: Information for the January 21 2004 Regular Meeting CASE: S03 -030 Case S -09 -010 17 Anderson /Rohrer Appeal Public Hearing Item VI: E APPLICANT: Michael W. Anderson REQUEST: A vacation, in accordance with KIBC 16.60, of the undeveloped Perenosa Drive Right -of -Way. (-797.97901/f). LOCATION: Perenosa Drive (generally located between Katmai Ridge Subdivision and Sitkinak Drive). ZONING: Surrounding area zoned R3- Multi- family residential and B- Business. Fifty -seven (57) public hearing notices were mailed on December 22, 2003. Date of site visit: NONE 1. Minimum lot size: 7,200sq.ft. Compliance: Yes 2. Minimum lot width: 60 feet Compliance: Yes 3. Existing land uses: Vacant Compliance: N/A 4. Existing structure(s) on the property: None Compliance with setbacks: N/A Compliance with other zoning regulations: Yes Encroachments: No 5. Topography: Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes • Case S- 009 -01 118 Ande w t t ne h armg_I�e�n vi E 6. Physical Features: Wetlands, streams, drainage courses: Yes (See comments) Need for driveway /access restrictions: No Adequate line of sight: Yes Adequate access for additional traffic volume: Yes Adequate access from a safety standpoint: Yes Neighborhood character: Medium /high density residential Double frontage lots: No Flag Tots: No Adequate access for fire apparatus: Yes Utility installation meets Title 13: Yes Common wall or zero -lot line: No Frontage on dedicated public right -of -way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: N/A APPLICABLE CODE PROVISIONS: Per Kodiak Island Borough Code 16.20.260 — Vacation. The act of making legally void any right -of -way, easement, public area, or other public interest. Per Kodiak Island Borough Code 16.60.010 — Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem [italics added] the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. Per Kodiak Island Borough Code 16.60.020 - Applicants A platted street may not be vacated except on petition of the state, the borough, a public utility or owners of a majority of the land fronting the part of the street sought to be vacated. The petition shall be filed with the platting authority and shall be accompanied by a copy of the existing plat showing the proposed vacation. WARP. sm- nlnictaff apnnrt D..... 7 ..r n Per Kodiak Island Borough Code 16.60.030 — Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda (the Friday after the regular monthly meeting) to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. Per Kodiak Island Borough Code 16.60.060 Additional approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location 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, this area is served by public water & sewer systems 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: YES 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: YES, this area is not located along shorelines l n RP cnl_nlnictaffRAII",4 ,,,, //RCoase S-09-010 19 And e kubTic eazingItbm - Case S -09 -010 I 20 Ande turnic e Item Vl 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: YES, this area is not located so as to present any greater danger of exposure to natural hazards as the surrounding area(s) 5. Wetlands Filling and drainage 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: YES, this area does not involve / contain any wetlands Commercial /Industrial Development N /A: This action does not involve commercial or industrial development REVIEW AGENCY COMMENTS Kodiak Electric Association: "No Comment". PTI Communications: No Comment(s) received regarding this proposed vacation. Citv of Kodiak: "The City of Kodiak Public Works Department has no objection to vacating a portion of the Perenosa Drive Right of Way and tuming it into a 30 foot wide Public Utility Right of Way." "The utilities must be in a Right of Way not an easement as shown on the drawing." State of Alaska Department of Transportation: No Comment(s) received regarding this proposed vacation. KIB Department of Facilities and Engineering: No Comment(s) received regarding this proposed vacation. CARP cnMnZn /eta{' APnnrt D....e A ..t (1 Case S01- 010/StaffR STAFF COMMENTS Case S -09 -010 21 • And Bfl� �jt V This request is to vacate, in accordance with KIBC 16.60, the undeveloped Perenosa Drive Right -of -Way. According to KIBC 16.60.020, a platted street may be vacated on petition of the owners of a majority of land fronting on the part of the street to be vacated. Borough code further directs that the petition will be filed with the platting authority accompanied by a copy of the existing plat showing the vacation. KIBC 16.60.040 directs the Commission to take action on vacation applications stating that vacations shall be effective for twenty -four months, during which time the applicant may perfect the vacation by filing a plat depicting the vacation. That is the intent in this case. Code section 16.10.070.A.1 requires public hearing and notification for an application for vacation. KIBC code section 16.60.010 directs the Commission, in considering the merits of each vacation request, to deem the area proposed for vacation to be of value to the Borough unless proven otherwise. The burden of proof lies entirely with the petitioner. An unimproved right -of -way dedicated to public use should be vacated only if it can be found that it is surplus to all future public needs, and not useful for a public purpose. The proposed vacation eliminates the undeveloped right -of -way. The vacated portion(s), thirty (30) feet in width either side of the existing centerline, would accrue to the abutting property owners. That portion of the existing right -of -way to be vacated would assume the current zoning of the abutting properties, i.e., R -3 Multiple Family Residential Zoning District and B — Business, per Kodiak Island Borough Code Title 17.09.050 - H. A prior vacation of a portion of this existing right -of -way came before the Commission as part of the Katmai Ridge Subdivision review in May of 2002. In that action, the commission approved the vacation of the right -of -way extending through the proposed new subdivision, and retained portions on either side of the new subdivision for public purposes. One portion was retained for the purpose of solid waste collection, and one portion was retained for the purposes of designation of a "pocket park ". Both of these reservations recognized the non - essential nature of the effected portions of the undeveloped right -of -way for purposes of vehicular access. Two parcels of property remain as the principle beneficiaries of the potential vehicular access represented by the remaining portion of the Perenosa Drive right of way, which intersects with Sitkinak Drive at its' northern terminus. These two parcels are Kadiak Alaska Subdivision 1 Addition Block 1 Lot 2, and Kadiak Alaska Subdivision 1 Addition Block 2 Lot 2. Currently zoned R -3 Multiple Family Residential Zoning District, the combined land area of these two parcels total 181,645 square feet. The vacation, if approved, would result in a combined land area of approximately 204,282 square feet — a net increase of 22,637 square feet (approximately 12 %). Dona S nf 0 T O_ 7. r_____ —_ n• n nn • Case S -09 -010 22 And/Magi &ei_ The nominal development density allowed by code would be 170 dwelling units (at the required 1,200sgft of land area per dwelling unit) based on this figure. Developed to their maximum density, the minimum required parking area(s) would have to accommodate 255 vehicles. Relying on estimates from the Institute of Traffic Engineers, this level of development would result in 1,530 daily vehicle trips'. Providing for the safe ingress and egress of this traffic volume is no small concern. These estimates are of course based on nominal figures Currently unrestricted by any deed limitations, the two prime beneficiaries of the remaining Perenosa Drive right of way may indeed evolve into a very dense residential development. This potentiality must be carefully considered prior to a vacation of this public right of way. Applicants advance three main reasons justifying the vacation of this public right of way: [1] — that the granting of a thirty (30) foot easement for utility purposes is adequate, [2] — that adequate (italics added) access to the proposed school site on Lot 2 Block 2 Kadiak Alaska Subdivision 1 Addition will be provided via Lot 3B -1 Block 1 Kadiak Alaska Subdivision 1 Addition (East Rezanof Drive ingress and egress), and [3] — that the Alaska Department of Transportation is reluctant to grant such access until the Perenosa Drive right of way is vacated. The viability of a thirty (30) foot utility corridor is uncontested. Local experience and non - objection by review agencies confirms the adequacy of this width. However, as proposed in the application, all seven of the properties directly benefiting from the right of way vacation would then "grant" an "easement for utility purposes" back to the public. This device ignores the City of Kodiak's policy of requiring utilities to be placed in publicly owned rights of ways. This device would also foreclose the option of incorporating this area into any future development of a connecting pedestrian trails system. Reason number Two ignores the very real negative impacts of the proposed vacation upon Lot 2 Block 1. This lot is constrained by topography and shape, and it is conceivable that the only viable access, which allows the owner to achieve equitable development is represented by the Perenosa Drive right of way. As related above, it is incumbent upon the applicant to prove otherwise, and the proof has not been offered; nor has an altemative been advanced. Trip Generation 4 Edition, ITE Publication No. IR -016B, 1987. The estimate is derived by multiplying the number of dwellings by six (6) trips per day. 2 Another estimate might be derived from the development history of the Alderwood Condominiums. A comparable level of development would result in the construction of 73 dwelling units. 3 Vacating the ROW establishes a new front setback and reduces the net buildable area approximately 12 %. This effect is illustrated in the appendix to this report, (exhibit 1). race cnz- O1O /Stafu Pao. f, of D A% 7. To...,e... 11 ')1111A Case S -09 -010 i 23 ° Andimoipf ms Reason number Three is a caution that locally, we should be prepared to give due deference to an outside agency that has a considerable amount of experience in traffic management. Rezanof Drive East is a major arterial road and per Kodiak Island Borough Code 16.80.020 Road classifications (C) — "Arterial roads are designed to move through traffic at moderate speeds to and from major traffic generators or into and /or out of a community." (The inference is that of course, the owner of Lot 2 Block 2 would also then be able to obtain a driveway permit accessing East Rezanof Drive). Perhaps the most serious oversight of the current request is that, if approved, it would result in the creation of a nonconforming lot. Kodiak Island Borough Code 16.40.050 B- 8 states: "all Tots should have frontage on a dedicated public right -of -way." The primary, and legal, access to Lot 2 Block 2 is the Perenosa Drive right of way. Isolating this lot on the east side of a utility easement, restricted from vehicular use, would create, in effect, a land locked parcel In Tight of the foregoing, the current application to vacate the existing Perenosa Drive right of way, and to confer to the public by grant a "Utility Easement ", may be premature. Without adequate safeguards, in place, the cumulative negative impacts upon abutting private property interests, and the Public at large, argue against a precipitous vacation. (Note on Administrative Process) Within in the section on Applicable Code Provisions, reference has been made to: Kodiak Island Borough Code 16.60.060 Additional approval required, paragraph A, which reads, "A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council . or assembly shall be considered to have been given to the vacation. The corollary of this paragraph is that if the decision of the Commission is to deny the application, then there is no "right of appeal ". In other words, in order for the request for vacation to advance for review before the Assembly, the Commission must first grant the request. At that point, the Assembly may take the affirmative step of vetoing the Commission's decision, or take no action and allow the Commission's decision to stand. Under either scenario, i.e., overt veto or acquiescent approval, per Kodiak Island Borough Code 16.60.060 B, "...veto or approval...is a final legislative decision and is not subject to administrative appeal." 4 Design alternatives, which may overcome some the objections voiced in this staff report, i.e., deleterious effect upon Lot 1 Block 1, the isolation of Lot 2 Block 2, and anticipated traffic impacts, are offered in the appendix to this report, (exhibits 2 & 3). Case SO3- 030/StaffRPnnrt Para. 7 nf0 D D. 7. T ... _. 1t lnnn race S01.4110/Staff R ennit RECOMMENDATION Staff recommends denial of this request. APPROPRIATE MOTION Case S -09 -010 24 Andtr Mpg MOTION: Move to deny approval, in accordance with KIBC 16.60, of the vacation of the undeveloped Perenosa Drive right -of -way, as depicted on the Applicant's map and to adopt the findings in the staff report dated January 5, 2004 as "Findings of Fact" for this case. FINDINGS OF FACT: 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a public right of way that is consistent with adopted Borough plans for this area. 4. This request for vacation unduly prejudices surrounding private property interests. 5. This request for vacation unduly diminishes the public's interests. 6. This request for vacation would result in the creation of a lot without direct frontage access on a public right of way. Pao. R of O T) Rs 7. Torn+or., 11 1nnn ALTERNATIVE MOTION Case S -09 -010 Andvu n jHeanngltg a I MOTION: Move to grant preliminary approval, in accordance with KIBC 16.60, of the vacation of a portion of the undeveloped Perenosa Drive right -of -way, as depicted on the Petitioner's map, subject to three (3) conditions of approval contained in the staff report dated January 5 2004, and to adopt the findings in that staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL: [1] This vacation of right -of -way is subject to Kodiak Island Borough Assembly veto per Kodiak Island Borough Code 16.60.060 A. [2] The Applicant must file a Kodiak Island Borough Code Title 16 conforming plat, depicting the vacation, within twenty four (24) months of Assembly approval of the vacation in order for this vacation to be effective per Kodiak Island Borough Code 16.60.040 B. The designation "Right of Way for Public Purposes" shall appear on the face of the plat. [3] FINDINGS OF FACT: 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a portion of a public right of way that is consistent with adopted Borough plans for this area. 4. This request for vacation does not unduly diminish the public's interests. 5. This request for vacation does not unduly prejudice surrounding private property interests. ('. as eAl AlA/O ..= 25 Martin Lydick From: Ed [builders @ptialaska.net] Sent: Wednesday, January 14, 2004 9:06 AM To: Martin Lydick Subject: Case S03 -030 Objections to vacating a portion of the undeveloped Perenosa Drive right of way (ROW).. Case S03 -030 Case S -09 -010 26 Anderson /Rohrer Appeal 1. There was a "Pocket Park" created at one end of Perenosa Drive. There is now access off Katmai Drive over private property and access from Perenosa Drive allowing the park to be accessed from the residential area of Trinity Islands Subdivision and any further development of the residential area to the east of Perenosa Drive. It is clearly not in the public's best interest to vacate this access. Katmai Drive is only 50' wide and a residential area. The vacation of the ROW would adversely impact the Katmai residential area with added traffic and noise should Perenosa ROW be vacated. It is important that this public access be protected and not vacated. 2. Perenosa Drive also serves as a buffer between Business Zoning and the Residential area to east. It is clearly in the public's best interest to maintain this buffer between the two very different land uses. 3. The access onto Perenosa is now from Sitkinak which is a 60" right -of -way onto Rezanof Drive thereby avoiding another access onto the State road. Should the ROW be vacated, it appears that the only access to the area would be from what appears to be "Roma Way" which is only 50' wide. That additional 10' of road access is certainly beneficial for public safety and contrary to the publics best interest. 4. Access for public sewer and water to Tots in the area seems to be through Perenosa Drive from Sitkinak. Should further subdivision of the area take place it is imperative that this area have reasonable access to these utilities without having to encumber private property with easements. It seems contrary to public interest to vacate this access on Perenosa Drive. 5. Should the public desire to vacate Perenosa Drive, I am sure that public could use the property in another manner as to benefit the same, such as another Park for the residential area of Trinity Islands, a green belt, a trail from Trinity Islands to access the Park at the end of Perenosa Drive. 6. Should Perenosa Drive be vacated there is no other access to lot 2 to the east of Perenosa ROW and contrary to Borough policy. 7. Perenosa Drive ROW is a platted 60' ROW. Should the ROW be vacated, it is possible that a 50' ROW could platted and developed. This 10' may not seem like much, but having just developed 3 Tots on Katmai Way, I can assure you this makes a huge difference in the safety of those that use it. In closing, I find nothing wrong with the ROW as it now stands. It gives a clear buffer between land uses, prevents a Borough road from entering onto a State road thus eliminating the liability of such. I believe the public interest is best served by leaving the ROW "as it". Thanks Ed Mahoney Apri119, 2006 Mike Anderson Anderson Construction 3484 East Rezanof Drive, Suite B Kodiak; AK 99615 Dear Mr. Anderson: Case S -09 -010 27 Anderson /Rohrer Appeal Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 RE: Case S06 -015. ABBREVIATED PLAT PROCEDURE. Request for preliminary approval, in accordance with KIBC 16.30, of.the vacation of a portion of Perenosa Drive, Lot 2, Lot 3A, and Lot 3 -B1, Block 1 and Lot 2, Block 2, Kadiak Alaska Subdivision, lst Addition, and Lots 18 and 19, Block 2, Trinity Islands Subdivision creating Tracts C and D, Lots 2A, 3A -1,and 3B -1A, Block 1 and Lot 2A, Block 2, Kadiak Alaska Subdivision, 1 s ` Addition, and Lots 18A and 19A, Block 2, Trinity Islands Subdivision. The preliminary plat submitted for your abbreviated subdivision, referenced above, has been reviewed, and is hereby granted preliminary approval subject to the requirements of Chapter 16.50 (Final Plat) of the Borough Code, as well as the following conditions: 1. Place plat note: Identifying Tract C as "Use — Public Park" 2. Place Plat note: Identiying Tract D as "Utility Right of Way" Once these conditions have been met, please instruct your surveyor to complete the final plat and submit it to this office for final review. We suggest the use of a final "check plat" for this purpose. Once the final check plat has been reviewed and approved it is your responsibility to obtain all the signatures required on the plat prior to submitting to the Kodiak Island Borough for recording. A current certificate to plat from a licensed title company should accompany the final plat. The approval of this preliminary plat shall be effective for twenty -four (24) months from the date of approval. After this time, the preliminary plat shall become null and void unless an extension of time is granted by the Planning & Zoning Commission prior to the expiration of the preliminary plat. Approval of this plat by the Kodiak Island Borough Community Development Department does not necessarily mean that development of the property complies with State and federal regulations, which may also be applicable An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the Community Development Department within ten (10) days of the date of the decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant and be accompanied by the appropriate fee. Upon commencement of an appeal, the decision appealed is stayed until the decision on the appeal becomes final. The Community Development Department has developed the following finding of fact in support of this decision provided the three (3) conditions listed above are met: If you have any questions regarding this preliminary plat approval, please feel free to contact me at 486 -9363. Sincerely, • 1 V t Mary Myers a .. gle, i i CP Community Devel • pment Dept. Director Cc: Horizon Land Surveying, Inc. Page 2 of 2 Case 5 -09 -010 28 Anderson /Rohrer Appeal September 1, 2008 Mike Anderson Anderson Construction 3484 East Rezanof Drive, Suite B Kodiak, AK 99615 Dear Mr. Anderson: Re: Case S06 -015. Abbreviated Plant Procedure. Request for preliminary approval, in accordance with KIBC 16.30, of the vacation of a portion of Perenosa Drive, Lot 2, Lot 3A, and Lot 3 -B1, Block 1 and Lot 2, Block 2, Kadiak Alaska Subdivision, 1" Addition, and Lots 18 and 19, Block 2 Trinity Islands Subdivision creating Tracts C and D, Lots 2A, 3A -1A, Block 1 and Lot 2A, Block 2, Kadiak Alaska Subdivision, 1" Addition, and Lots 18A and 19A, Block 2, Trinity Islands Subdivision, This letter is written to inform you that the final plat you submitted on July 23, 2008 will not be reviewed by staff as you have exceeded the 24 month period that preliminary plats remain valid according to KIBC 16.30.040 (C). Your original preliminary plat approval was granted April 19, 2006 (see attached action letter granting you approval). Though the code allows me to grant an extension if it is in the public good to do so and prior to the expiration date, there is no provision in the code for granting an "after- the -fact" extension once a preliminary plat has expired. This decision to deny this plat is based on the following reasons: Case 5 -09 -010 Anderson /Rohrer Appeal Kodiak Island Borough Community. Development. Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 Website: http: /www.kodiakak.us • The two year time period to finalize preliminary plats has been exceeded; • The plat submitted on July 23, 2008 is substantially different than the one previously approved under the abbreviated plat process with the change proposed in the area to be vacated. (That vacation which was approved through the public vacation process cannot be unilaterally changed by the petitioner afterward ; • Your Certificate to Plat is out of date and an updated one is required; and • Although a complete final review was not completed on this plat, staff did note that a condition of preliminary approval to designate the "Utility Corridor" as a "Utility Right -of -Way" was not accomplished. Your options are to resubmit this "revised" plat to this department for a new review of the revised vacation area. Another abbreviated plat review will occur. This would entail filling out new applications and paying the appropriate application fees. 29 You also have the option to appeal staffs decision to the Planning and Zoning Commission in accordance with KIBC16.30.040 (D). This requires you to make the appeal within ten (10) working days from the dare - of s ever: Should you have any questions, please call the department. Sincerely, Bud Cassidy, Director Community Development Department. cc: Rick Gifford, Borough Manager Dan Rohrer, Kodiak Christian School Steve Steffensen, Kodiak Christian School Case file: Case 06-015 Case S -09 -010 30 Anderson /Rohrer Appeal et Nova Javier From: Bailor, Joe [jbailor @city.kodiak.ak.us] Sent: Thursday, February 19, 2009 11:33 AM To: Nova Javier Subject: Case No. S09 -010 Joe Bailor Residence Address: 3535 Sitkinak Drive Mailing Address: 3535 Sitkinak Drive Kodiak, Alaska 99615 486 -6524 Resident of Trinity Island Subdivision from the beginning. Resident of Kodiak Island since 1989 Dear Borough Assembly, I am writing this letter in support of the appeal of Case No. S09 -010, on the vacation of a portion of Perenosa Drive. I have lived in Trinity Island subdivision since it early development, and the borough needs to vacate Perenosa drive right -of -way, running along side lots 2, 3A, 3B, 18 and 19. It serves no purpose other than to restrict future development by all the previous mentioned lot owners. All current lot owners have access to their lots and I feel that we don't need to develop another road in the Trinity Island subdivision, that we must maintain. Kodiak Christian School will be opening soon in lot #2 and I feel that the legal and proper access for parents, busses and others should be through the approved access off of Rezanof Drive. This should be an automatic approval of this appeal, in that, the assembly had already approved this vacation back in 2004. Sincerely, Joe Bailor 1 3 APPEAL HEARING FORM An appeal of the Platxth)g. and Zoning Commitsion's decision before the Assembly on . Case No. S09-010 DENYING Preliminaly approval, according. to MC 18A0, Of the re-subdivision of Lots 18 and 19 Elio& 2, Trinity islands Subdivision; and the re-subdivision of Lot 38-1, Lot 313-2, and Lot 2, .Block 1, KadiskAlaSkA 1 Addition; and Lot 2, Block. 2, Kadiak Alaska Is'.Adiffflon; including a vacation of the 60400twide Perenosa Drive right-of-way, acconfingtosKIBC1 SAO, to create Lots 18A and 1 9A, Bock Z Trinity islands Subdivision and Lots 3B-1A and 2A Block 1, Kadiak Alaska Addidon; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B. (Utility Corridor) and . 0 (Park), within Kadiak Alaska 1 Addrtion. Applicants: Michael Anderson and Daniel A‘ :Rohrer (Kodiak Christian. School) 0 This written argument is in support of the appeal. 0 This written argument is in opposition of the appeal. Name; Te ("5 e Residence Address: 21.4... • tke.91 Mag Addess: P Comments: C .11 • e. A l f r ,e- VrmfJE 1,6 pprn 06- r LP-4-1 6-4/1. 1 t Written argument supporting or oppostrva the appeal may besubrilltted byernall toAtdailiakak.us, faxed at 907-4864391, mailed or hand delivered to the Borough Clerk's Office, 710 M18ayRoad, Room 101. Kodiak, AK 99615 prior - 19 5 0.T. on Thursday. Felortlary 19, Mt NI written carmen% Submitted on this appeal shall become part of the appeal mooni. 4 Cr;a d << V9£99817/.061 N9S?N1 90:EL 61.-Z0-600Z The Perenosa Drive right of way has value to the Borough. It is currently used by many children to play. It is used by neighbors to travel to work and church. The ROW provides a travel path from the Katmai subdivision to Sitkinak. Crossing Rezanof at Sheratin is not safe. It is icy and the view is obstructed. It is far safer to cross at Sitkinak, giving the area children safe access to th . - . ath and KANA ball fields. Name n An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1" Addition; and Lot 2, Block 2, Kadiak Alaska ls` Addition; including a vacation of the 60 foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1s` Addition; Lot 2A, Block 2, Kadiak Alaska 1s` Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1' Addition. We oppose the appeal for the following reasons: Cm g.Wc zr ' 1 1:4 _f,_ Residence Address 356 2- s 7K40,44 G �r ► o� i-fee per (vcla . oq)Cr3) 345zi Sp nice e u � - 3z5q/ e r-e � - 0-f7C t . 3zo? An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska Addition; Lot 2A, Block 2, Kadiak Alaska 1" Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1S` Addition. We oppose the appeal for the following reasons: The Perenosa Drive right of way has value to the Borough. It is currently used by many children to play. It is used by neighbors to travel to work and church. The ROW provides a travel path from the Katmai subdivision to Sitkinak. Crossing Rezanof at Sheratin is not safe. It is icy and the view is obstructed. It is far safer to cross at Sitkinak, giving the area children safe access to tike path and KANA ball fields. Name Residence Address I FEB 1 9 2009 IA1an,h.�.� 3a(fif (fir; ,/ Yea Oca 39.'9,3 IAA V L ( `t) ( -. G 5‘ M / » r(. A/04- on /,'s p ec /t.-90, oso C J APPEAL HEARING FORM This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: c Lk vtt.9. Pei r1S Residence Address: 4- / - 0 ZZ C4, /ck_ Dr. Mailing Address:- l d s Comments: C a P - *bp (1 4 "Mk /► An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1St Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Written argument supporting or opposing the appeal may be submitted by email to niavier(a.kodiakak.us, faxed at 907 -486 -9391, mailed 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. February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. Dear Assembly Members, Duncan Fields P.O. Box 25 Kodiak, AK 99615 February 19, 2009 RE: Appeal of Case No. S09 -010 As you sit in your "quasijudicial" function to consider an appeal of the Planning and Zoning Commission's decision it is important that you consider that there is no need for this roadway. You should also consider the history of these parcels and the larger picture for use of this property. Vacating the Perenosa Drive right -of -way has already been approved once. This appeal is before you because busy folks missed a plat filing deadline. Now, homeowners who have recently moved to the area don't want change. When it's all said and done, if the P &Z decision is reversed and the easement is vacated as originally approved, the concerned homeowners will still have access to the bike path (through the KCS property that they are currently using for access) and Kodiak Christian School will be able to proceed with its development plans. There is allot of rhetorical smoke for you to sort through but this is the bottom line. I would first encourage you to look at the larger zoning and street map on your wall and see if a roadway adjacent to Rezanof drive makes any common sense. The road easement in question was reserved on this property long before Rezanof was platted or constructed. The idea was that this road would connect Spruce Cape to Mill Bay, the only other road running out of town at the time. Because Rezanof took its functional place, other parts of this roadway have been vacated over the years. The remnant in question is a stranded finger of the original road concept and will never be used as a roadway. This, I think, is the primary reason for reversing P &Z. There is no need for a road right -of -way to remain in this area and to maintain a road right -of -way for reasons other than the possible construction of a road is not honest and would be a breach of your fiduciary duties. 1 Secondly, consider the ownership and development of this area. The entire area was purchased by Kodiak Christian School with the widely known purpose of constructing a school on some part of the parcel. Kodiak Christian School worked with the Army Corps of Engineers and the Borough to resolve wetlands issues. This took years but KCS persisted in being a good community citizen advocating responsible development. When KCS sold Lot 1 to Anderson Construction, it was understood that Mr. Anderson would move to vacate the road right -of -way; as he did without opposition at the time. All parties involved in the planning and development of this area, including KIB, knew and expected that the roadway would be vacated. This, I believe, is a primary reason why the Borough's staff continues to support the vacation. The third consideration is balancing the importance of the easement vacation to Kodiak Christian School and the community of Kodiak with the perceived need for a walking trail. It has taken almost 30 years for the Christian school to obtain the where - with -all to construct this school building. The building is designed to have a Gym but budget constraints have limited the project to the Phase I classrooms. When the gym is constructed, if it is to be of a size useable by the community, the parking requirements will necessitate use of the land currently under the roadway right -of -way. KCS realized this in the development of our master plan. The need for additional parking was the genesis for the first vacation request and approval. As you are aware, gym space in Kodiak is intensively used and more is sorely needed. Simply stated, failure to vacate the roadway right -of -way may stop construction of the KCS gymnasium. This is not a good result for either KCS or Kodiak. It's always hard to decide these issues that pit neighbors against each other. Nevertheless, the merits of this case should persuade you to support your staff, overturn the Planning and Zoning Commissions decision and to approve vacation of the Perenosa Drive right -of -way. Thank you for your consideration of my comments. Duncan Fields r 0 APPEAL HEARING FORM An appeal of the Planning and Zoning Commission's dedsbn before the Assembly on Case No. 309.010 DENYING Preliminary approval, according to KIBC 16.40, of the re-subdivision of Lots 18 and 19, Biodc 2, Trinity Islands Subdivision; and the re-subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 1' Addition; and Lot 2, Black 2, Kadlak Alaska 1' Addition; including a vacation of the 60 -foot wide Peranosa Drive right -of -way, according to KIBC 18.80, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B-1A and 2A, Biock 1, Kadlak Alaska 1' Addition; Lot 2A, Block 2, Kadlak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kodiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christer School) ❑ This written argument is in support of the appeal. ® This written argument is in opposition of the appeal. Name: /0 l j air T 5e, Residence Address: 13 kSm di Or ✓e Mailing Address: 2/3 ectima Dr i v2 Comments: Ph Mat Ate a,ttetthe tq fps °Aid J`` PAS /Jv Written argument supporting or opposing the appeal may be submitted by email toagykofftgaisikm, famed at 907- 486- 9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mil Bay Road, Room 101, Kodiak, AK 99615 prior to 5 o.m. on Thursday. February 19. 2009. All written comments submitted on this appeal shall become part of the appeal record. I am writing in opposition to the appeal of Case No. S09 -010. I feel that the Planning and Zoning Committee's decision should be upheld and the Perenosa Drive right of way should NOT be vacated, but instead should remain borough property. The Perenosa Drive right -of -way is used on a DAILY basis by residents of the Kodiak Island Borough. It is used both for recreation and for pedestrian traffic. I have two children, ages 10 and 13. They, along with their friends, use this land to play. They build forts, climb the trees, play spies, and explore. This little area of "wilderness" is a wonderful place for children to play because it encourages them to use their imaginations and investigate the natural world around them. It would be a shame and a great disappointment to the children to lose this valuable play area. Perenosa Drive also provides both kids and adults with safe access to the widely used bike path on Rezanof Drive. From the Katmai Ridge Subdivision there are two options for crossing to the bike path. The first option is to cross at Sharatin and Rezanof. This option is undesireable because it is a very dangerous intersection. There is a lot of traffic both entering and exiting and it is very difficult to see the cars rounding the curve at 45 mph. We use the Perenosa Drive ROW to gain access to the bike path because it is safer. The path through the trees is safe to traverse and once you get to Rezanof, you can see clearly both ways before crossing the busy street. I walk this way to work. Our kids take Perenosa Drive to get to Youth Group, Sunday School, and Confirmation Classes at St. Paul Lutheran Church. We also use Perenosa Drive to safely access the bike path when we go for family walks in the evenings and on the weekends. I would hope that the Assembly would consider the value this land has to Borough residents when making this decision. The safety factor alone has immeasurable value. But, the recreational value is important, too, because playing outdoors in the fresh air keeps kids healthy and happy. The vacation of this borough land would be a huge loss to many families that live in this area. By upholding the decision made by Planning and Zoning, you would be preserving our kids' "wilderness" and also protecting our pedestrian traffic. �.Leaae ,ae.t a#acl.ed q hol-ts, hu- rnbeAea/ /- s ,o}( aw1. x9 `�a�.°a� a fe d Lt rA,LetA c , ' ' `orb �..�ien eat. APPEAL HEARING FORM An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1st Addition; Lot 2A, Block 2, Kadiak Alaska 1st Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) This written argument is in support of the appeal. This written argument is in opposition of the appeal. Name: g-kA , I cL Residence Address: 3 . 43 )4' 7mm, i)r gad !( K Mailing Address: 54 /yt e G S 4' Love- Comments: Please stee G 1 (Q CO Mme G 1 1 0-5. Zia B. F EB 1 9 2009 Written argument supporting or opposing the appeal may be submitted by email to niavierekodiakak.us, faxed at 907 -486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 D.M. on Thursday, February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. I am writing to inform the Assembly of my opposition to the appeal of case No. S09 -10. To concur with the comments provided by Mr. Garry Kernan, I also feel that the area between the pocket park and the comer of lot 3 -B2 provides immense value in the form of a play area for the children of several subdivisions. Furthermore, the Perenosa Drive ROW holds value in the fact that it gives the residents of Katmai Drive safe passage to cross Rezanof Drive. Due to the fact that there are no sidewalks or even an expanded shoulder on Sharatin Road, and that there is a very obstructed view of oncoming traffic on Rezanof, it is dangerous to cross Rezanof Drive at the comer of Sharatin (Please see attached photos # 1 & 2). By walking down the Perenosa Drive ROW, and crossing Rezanof at the comer of Sitkinak Dr. you are able to see traffic coming in both directions and make a safe crossing (Please see attached photos # 3 & 4). Even the Kodiak Christian School acknowledges the intersection of Sharatin and Rezanof as dangerous, based on their letter dated Feb. 09, 2004. My entire family uses the Perenosa ROW. My wife walks to work and uses the ROW. We use the ROW to cross Rezanof and attend services at St. Paul Lutheran Church, and also to access the path which we use for exercise or to transit to various locations. I also know that many kids use the ROW to cross Rezanof for the purpose of attending karate at St. Paul Lutheran. Without this ROW, many people, especially children, will be put in danger by having to cross Rezanof Drive at Sharatin. I understand the Kodiak Christian School needs access. What I propose is a vacation of Perenosa Drive from Sitkinak Dr. to the corner of lot 3 -B2, provided Kodiak Christian School put a pedestrian easement in place for residents to still be able to traverse this area, thus allowing safe crossing access of Rezanof Drive. This should also meet their driveway permit requirements. APPEAL HEARING FORM ❑ This written argument is in support of the appeal. This written argument is in opposition of the appeal. Name: J� K 1-4.05e.r■ Residence Address: .3231 K , .: lJ r. , Kelza c Mailing Address: Saw►e Comments: ?lease_ ss.a 0►44aef,4,1 s-1 -c,4 ew•Q w4— An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right-of-way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B-1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Written argument supporting or opposing the appeal may be submitted by email to niavier(Wkodiakak.us, faxed at 907 -486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 a.m. on Thursday, February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. While I understand the desires of the Kodiak Christian School to expand the boundaries of their property, I oppose this appeal because: (1) the size of the right -of -way (ROW) vacation is excessive given the School's own stated need; (2) it is not clear that vacating this ROW is necessary for the School to have access to Rezanof Drive; and (3) this land is a valuable public asset that cannot justifiably be taken away from the citizens of the Borough and given away for no compensation. The School seeks to access Rezanof Drive via the driveway that it has constructed over this 60 foot wide ROW. Given this specific and limited need, it is perplexing why the appellants find it necessary to have the entire more than 400 by 60 foot area of a public use ROW vacated. As Mr. Rohrer states in his January 2, 2009 letter, "(t)he primary issue is in regards to access to Rezanof Drive." Clearly, the amount of land that they are asking for from the Borough is many times greater than the School's stated need. Additionally, there apparently is no need to vacate the land to secure this access. Currently, the site of the new school is already accessible from Rezanof Drive via the driveway that the School built across the Borough's ROW. When the Planning and Zoning Commission considered this case, staff testified that the School can have the access over the Borough's ROW, that no change was needed for this access. These facts suggest that this issue is moot. If there is a reason that access cannot be maintained over the ROW, the appellants needed to present this to the P &Z Commission. Absent this evidence and given staff testimony, it seems that the School can continue to use the driveway that it already has constructed across the Borough's land. As the school has access to its property, it would be unjust for the Borough to give away this valuable land to a private landowner and, effectively, take the use of this land away from its other citizens. This land has both monetary and non - monetary value. The monetary value is evident in the sale of parcels formerly part of this ROW. In 2003, Mr. Anderson valued a small portion of the right of way for tens of thousands of dollars when he sold the vacated Katmai lots. He asked about sixty-five thousand dollars ($65.000) for a 170 by 60 feet section of property that was formerly the ROW. I recognize he put in utilities, but am sure that much of that price was profit. I have attached the Katmai Ridge Subdivision plat Mr. Anderson used to sell the Katmai lots to my wife and me. Specifically, much of lots 4, 5 and 14 were formerly the ROW. Also, please note that Mr. Anderson clearly indicated where the Perenosa Drive ROW existed on his marketing materials that I relied on when purchasing the lot from him Mr. Rohrer also recognizes the monetary value of the ROW. In his January 2, 2008 appeal letter. Mr. Rohrer comments that this land would better serve the public if this land were added to the taxable land base of the Borough. The value of this land also has immense non - monetary value. This ROW is used by various segments of the public. Every summer people, frequently mothers with adult daughters, pick berries that grow on this ROW. Some of these people are from the surrounding neighborhoods but others drive there. In spring, young baseball players will walk through the Katmai Ridge Subdivision and the ROW on their way to and from the KANA playfield. This ritual is repeated by football players later in the year. Pedestrians use this ROW because it gives access to a better place to cross Rezanof Drive than the intersection of Rezanof and Sheratine. I. use the ROW to walk to work and to take my kids to the KANA field and Mill Bay Coffee via the bike path. Besides being a safe pedestrian way, the ROW is an important play area for the many kids of our neighborhood and their friends from surrounding neighborhoods. My 10 year old son and his friends find this wooded ROW ideal for fort building and playing army. My twins, who are nearly four, have recently been using these woods as a classroom to learn about bear bread and the art of tree climbing. Also, they continue to have a fascination with collecting fallen branches that they find important enough to drag into the house. It is difficult to exhaust the list of what public good this land provides. But it is also important to consider that this wooded ROW serves as a nice break for our neighborhood against northwesterly winds and seems to help screen dust. Further, it provides a nice visual break and sound barrier to the dense development of our area. For the above reasons, I strongly oppose the appeal before you. Thank you for considering my comments and I hope that I have been able to even slightly describe the value that this ROW has for our community. Sincerely, hn K. Larsen 3231 Katmai Drive let -a* r16 -700 Z M .ZZ.14.19 IN) ,00 3 AS.Ot.CS S -' SP's q" o � 00 ` a'a1 \ w Kv " ,?tr y -. °. P : 'b. o Q • o ,� N i S. 1 r ! 0. l P y SI Ce 4* I CO I g t o K ., . 3 es < y q _ p Q 0 c. 8 M 0 2. 0 1 y . rn d 0 • z t 1 —1 g 5 2 0. C NORTH Feb 20 09 05:03p Bill Brehm Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Rd. Kodiak, Alaska 99615 February 19, 2009 Re: Appeal Case No. S09 -010 (661) 724-1713 p.1 Dear Ms. Javier and Members of the Assembly: I offer the following comments in support of the appeal of this case to the Kodiak Island Borough Assembly. I filed this appeal on behalf of the Kodiak Christian School, who owns the majority of property adjacent to and affected by this vacation of a portion of Perenosa Drive. As many of you may recall, this vacation request was reviewed and approved by the Planning and Zoning Commission and the Assembly four years ago. The primary purpose in vacating it was to satisfy the ADOT requirement that no other alternate access remained for the School. They would require that Perenosa be used for access through Sitkinak Drive, which would pose a substantial risk to the general public's health, safety, and welfare, as opposed to direct access to Rezanof through the constructed driveway. It is only because of delays due to permitting the water and sewer main' s, ADOT driveway permitting, and major health issues involving myself and Stan Austerman that pushed the final plat past the deadline, requiring me to resubmit the preliminary plat. Otherwise this would be all "water under the bridge". The preliminary plat to vacate this portion of Perenosa still meets all Borough code requirements and the findings of fact that supported the decision four years ago are still just as valid today as they were back then. The only thing that has changed is the complaints of residents of Katmai Ridge subdivision. I have read the minutes of the meeting and the comments of the neighbors who spoke against it and can find nothing substantive in their testimony. I find it interesting and mildly disturbing that at least two of the people who complained live in houses built in a vacated portion of Perenosa Drive. They are Ms. Rapoza and Ms. Warner. I do not know where the other two live, they may live in it as well, for all I know. Feb 20 09 05:03p Bill Brehm (661) 724-1713 p2 Perenosa Drive has been vacated throughout most of its length except for this stretch and a short section between Tugidak Court and Sharatin, which is a utility ROW and has utilities buried in it. Perenosa Drive will never be used for its original intended purpose, which is a roadway, and should go to the neighbors, as it has in all previous vacations as set forth in the Borough code. I can't imagine a better use for this property than a school playground, or gymnasium as I have been told it will be used. If the neighbors are upset because the trees will be gone, this will not be the first time that has happened. Reality dictates that when the owner of Lot 2 between the Perenosa ROW and Rezanof develops their property, they will have to cut their trees in order to build, and the narrow 30' strip of trees will certainly blow down, or logically be cut down so they don't injure someone when they do blow down. . The neighbors would be much better off using their energy to develop the pocket park and planting trees in the 20 foot easement between their subdivision and the school property. Again, the uncertainty about what will happen in the future is tmfounded. One side of the ROW is a school and the other side will be developed as residential or other permitted use as defined in the Borough code. I urge you to approve this appeal for all the same reasons you approved the vacation of Perenosa four years ago. It was and still is the best way to develop and utilize this property to the benefit of the entire community. Sincerely, • Ni vd Michael W. Anderson, Appellant APPEAL HEARING FORM FEB 1 7 2009 . -t Case S -09 -010 rson /Rohrer Appeal 7 An appeal of the Planning and Zoning Commission's decision the sem on Case No. 509 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Blodc 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 1' Addition; and Lot 2, Block 2, Kadiak Alaska 1' Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B-1 A and 2A, Block 1, Kadiak Alaska 1' Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1' Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Residence Address: ❑ This written argument is in support of the appeal. This written argument is in opposition of the appeal. Name: antotn also f• 0 ,03' LTotgurt " 14A-eat 0 1q015 Mailing Address: Btk Cit51 ,du.(LL Comments: *(1 /1PAJ -- l i n /zr",ida i , Fan my wan `gad- IA AL . Ytts .L.' _Af re E.4/ eona' 1 (}- d l a ats !s lid e f 146,02 t� . Liar L1.. fiAff 4140 Rad S' % : LL /Al �:/_ 3_,Te i• t' • ?'fry ML Valiaerlity M 4 P 1 - V . e <v ( nr (3.3Z QIhJ ac '1 a) 0B2 - -i 494071 1 vrc. Written argument supporting or opposing the appeal may be submitted by email to niaviere ilkodiakak.us, faxed at 907- 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 a.m. on Thursday. February 19.2009. M written comments submitted on this appeal shall . become part of the appeal record. APPEAL HEARING FORM An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09-010 0 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 1' Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according t KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B-1A and 2A, Block 1, disk Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1' Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) ❑ This written argument is in support of the appeal. This written argument is in opposition of the appeal. Name: P*; p,LGL Kerri a/i Residence Address: ,�J 3 q fea.m 'Dr Mailing Address: OYY1f Comments: �P 3 rural Q r of 1 .`T �p�i t �+' i i r� i i SP , t,Nl 9 bD7.1,I h x.10 . garb/a., he. hat a k Par hma�. We_ K�u1 �.�, C.hr,s �5e.►�0l Was 3 °t tok buL us. uk tlsn ArDLJ44 puma '1.1J-1 _raat 'OA o4 U)a-u L ?ou) . � Ch�s uu&- dos t -Far uS as Ptak , ._ . k + -os 3 Glass ■ �,3Bz tip .i !1 1d . Log 11.6 ..0. it. s. O AAA ■ 11 10 t # .,� ,r�koa faxed at )9 6 154" or opposing i ' 1 ' : appeal may be subm y. by email to 101, Kodiak, Alt 9 8 -9 mailed iled or h or a ves ng Road, Room 1 2009. AK written comments submitted on this appeal shall 907 - 486-9381. mailed or hand delivered to the Borough Cork's Office, 7 10 Mill Bay Road 99615 arior to 5 o m on 7'hursday Fa nsa become part of the appeal record. APPEAL HEARING FORM An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B-1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) (gC This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: tiaae11 54 o•.t Residence Address: 3 514 S 4 A 4 4 k Mailing Address: SR �e e4e a e e fr It 0 A. Comments: 1 w s4/aQ p "e ?t•- tm sec hew s be S RC2"Of t S l o f4 e oq Written argument supporting or opposing the appeal may be submitted by email to niavier((kodiakak.us, faxed at 907 -486 -9391, mailed 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, February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. APPEAL HEARING FORM An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B-1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1s Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) This written argument is in support of the appeal. ❑ This written argument is in opposition cf the appeal. Name: IIDt41f€( A , t?YIYt�' Residence Address: 3 6 4 l7(Al 1 • Drive, Mailing Address: f• 0 B O � 3 5 / z. KO Gt It AIL ?Mr Comments: Written argument supporting or opposing the appeal may be submitted by email to niavier a(�,kodiakak.us, faxed at 907 -486 -9391, mailed 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, February 19, 2009. All written comments submitted on this appeal shall become part of the appeal record. February 19, 2009 My name is Cami Warner and I am a home owner in the Katmai Ridge Subdivision, address 3244 Katmai Drive. I am opposed to the vacation of a segment of borough property on Perenosa Drive from the pocket park to the corner of Lot 3 -B2 and Lot 2. This property is full of trees which have given the kids in this wonderful neighborhood a place for fun play. My son is one who has specifically enjoyed this area. He and the neighborhood boys have spent hours back in these woods building elaborate forts. I was invited back to see their handiwork and was amazed. They had intricately woven different sized sticks together between some trees and then Tined it with moss...I was impressed! They spent hours playing and constructing this...playing outside in the great outdoors...using their imagination...AND many tools from my shed and the other neighbors sheds. This property is close and they can easily go back there and use their imagination and be able to do many things that other kids in other neighborhoods cannot do because the woods are not accessible to them. I know this has been a great advantage for this neighborhood and the children that live here. It is indeed valuable to all of us, as well as other kids from the other neighborhoods who also use this area for play. I have also used this area for seeking moss for my garden baskets and also for berry picking. It has been a wonderful resource. This property is also necessary for pedestrians to get to the bike path and KANA fields and for some to work. Crossing the road at Sheratin and Rezanof is very dangerous and kids are encouraged to cross further down the road where it is safer. To vacate Peranosa Drive as having no value is simply not true. The property is the Borough's...therefore it is mine since I am a taxpaying citizen...and it has great value to me...my children...my neighbors...and other Kodiak residents. Our neighborhood has over 40 children in it and this area is vital for them to play, explore, and use to cross Rezanof safely. FEB -19 -2009 15:56 FROM:USCG R'S KODIAK SUPP 9074875389 APPEAL HEARING FORM Name: t. } r :..'f l� 1 3 us W ..,,,_ rt- St C.t►6OR I.- a- Tor Z." 1�cr 3 �a'1 Grl ci�s�«til • ' *LA * rwr. rt4j,r..6. Fo?z 1 �.,.. va a4��S14 h #.4 oV P s r : ..aaSAI ..,t TO:KIB P.2'2 "TH 'Zr-; ■S An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lott, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 " Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska lst Addition, Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) ❑ This written argument is In support of the appeal. Ii This written argument Is in opposition of the appeal. Residence Address: 2. �- t�n-t .•h h �� : ,� eM k„t 16,e. Mailing Address: Sn..ti>� �►� it .rt"_ Comments: �. SA6?z>~e TAE AP AL. # t t .16%kINA-N .c&- ,' , 'V rsws . 1),..A.t..avvy.15Fr Written argument supporting or opposing the appeal may be submitted by email to niavierrkodiakak.us, faxed at 907- 486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5p_m. on Thursday. February 19. 2009. All written comments submitted on this appeal shall become part of the appeal record. • APPEAL HEARING FORM ❑ This written argument is in support of the appeal. IL This written argument is in opposition of the appeal. Name: ,ltL,(/a Residence Address: 533 -S'f r..�...�r t Mailing Address: "v v .2 'Z / Comments: / tco AM 7>r,¢/ � G r An appeal of the Planning and Zoning Commission's decision before the Assembly on Case No. S09 - 010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B-1, Lot 3B-2, and Lot 2, Block 1, Kadiak Alaska 1 '` Addition; and Lot 2, Blocc 2, Kadiak Alaska 1 Addition; induding a vacation of the 60-foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B-1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1' Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska l Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) /E• A4z.t. e 2 r„ 4' �'Grr Written argument supporting or opposing the appeal may be submitted by email to niavierfdlkodiakak.us, faxed at 907- 486- 9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 D.M. on Thursday. February 19. 2009. All written comments submitted on this appeal shall . become part of the appeal record. I speak in opposition to the appeal of case number 509.010 based on the following: • Vacating Perenosa ROW would take away access for area residents to many things for the benefit of a few. For instance, access to work, church, medical care, a sports field, Safeway and WaI -Mart would be curtailed and residents would have to use Sharatin and Rezanof. In a letter dated Feb 9, 2004 (attached as #1) regarding the intersections of Sharatin and Rezanof, Mr. Rohrer states, '?his intersection tends to be very icy in the winter and is already traveled very heavily in the moming.° Can you image small children, (40+ in Katmai Subdivision alone) being forced to take this route if they lose the trail they now use on Perenosa? • In that same letter Mr. Rohrer shares a concern for a woman in Anchorage whom owns Lot 2. Seems this woman lost a portion of her access when Perenosa was vacated at Sharatin Dr. some time ago. Again Mr. Rohrer states, This was done apparently without considering future access to Dorothy Bent's Lot 2 or the Kodiak Christian Schools Lot 2' referring to the vacation of a portion of Perenosa for a park, dumpster site and private property. However it now seems Mr. Rohrer's concem is waning as he now favors taking the balance of her Perenosa access. Yes, Rezanof is available, however to have residences accessing their property is highly discouraged by the State. I feel it is imperative that the KIB retain that access for the development of her lot, Play grounds and a trails access to Rezanof should Perenosa be vacated. • In Mr. Rohrer's "Notice of Appeal' letter dated Feb. 9, 2009 (attached as #2) he indicates Anderson Construction is representing the Christian School whom Mr. Rohrer states, °represents over 50% of the area being impacted and thus Anderson Construction as our representative meets that same standard." o First, KIB code 16.60.020 states in part, °a platted street may not be vacated except on a petition of the state, the borough, a public utility, or owners of a maioritv of the land frontinq the part of the street sought to be vacated." Nothing about 50% of the area as Mr. Rohrer indicated. And furthermore, a quick glance at the map can tell you that the Christian School does not even front more than50% of Perenosa. o Secondly, Planning and Zoning in their deliberations on Nov 19, 2008 of case S09 -010 and their subsequent denial of the preliminary approval did not have any information that Anderson Construction represented anyone other than itself. Based on this Mr. Rohrer should be treated as a private person supporting the appeal person and not afforded the rights of an Appellant under 16.90.070 (attached as #3). Nowhere is Mr. Rohrer on behalf of the Christian School or otherwise, mentioned anywhere in the record of being an applicant of this action. o Again in this same letter Mr. Rohrer alludes to the issue that this case was originally filed in Dec of 2003 and approved by KIB. I have attached the Anderson Construction letter and the map (attachment #4). As you review it you can see that it is very different from what from the map that is now before you. Additionally it was ever approved we would not be here today. • This case is for a vacation per KIBC 16.60 as checked by KIB staff personal on the Application submitted by Mr. Anderson (attached as #5). Since this is a vacation it cannot in my judgment be appealed, see below. 16.60.060 Additional approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have 30 days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the 30-day period, the consent of the council or assembly shall be considered to have been given to vacation. B. A veto or approval of a vacation under subsection A of this section is a final legislative decision and is not subject to administrative appeal. However, where a vetoed vacation had received administrative approval in conjunction with the preliminary plat for a subdivision, the preliminary plat approval without the vacation is subject to a petition for reconsideration under KIBC 16.90.010. [Ord. 90-15 §2, 1990]. • Assembly member Friend should abstain from participating in the appeal as he appears bias in the matter. Assembly member Friend sat on the P&Z board when the issue came before that board in 2004. The case # back then was S03-030. The case was heard by P&Z and staffs recommendation was to deny the vacation request. (Attached as #6). Board member Friend argued that the issue should not be denied and convinced others on the board to follow suit and go against staffs recommendation to deny the request. P&Z passed the approval on and it moved to the assembly. • Per KIB 16.40.04 and 16.40.050 (attached as #7) there are many issues that have to be represented on the preliminary plat. I feel many of these issues were not on the plat and thus further grounds for denial. • I am also attaching my issues against (attached as # 8) the vacation of Perenosa Drive from Jan 14, 2004. The issues are still hold merit to me and apply in every way, even 5 years later. • Finally, as for value of the Perenosa ROW, KIBC- o 16.60.010 Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. [Ord. 90-15 §2,1990]. There was no evidence at all presented to the commission that the Perenosa ROW was without value. Based on this, the commission was right in their decision to deny the preliminary plat. With the information as outlined above and other testimony given, I have no doubt the Assembly will uphold the P&Z decision to deny case S09 -010. Thank You Kodiak Christian School P.O. Box 49 Kodiak, Alaska 99615 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Road Kodiak, Alaska 99615 February 9, 2004 Dear Commissioners, I am writing in regard to the proposed vacating of a portion of Perenosa Drive and the access to Kadiak Alaska Subdivision First Addition Block 2 Lot 2. I am writing as the representative for the Kodiak Christian School who is the deed holder of Lot 2. The current proposal in front of you represents the final step of a project that began back in mid 2001. Since 2001 there have been numerous changes in staff at the Borough as well as some changes on the Commission. The purpose of this letter is to review the history surrounding this project. In mid 2001 a group of individuals and the Kodiak Christian School took ownership of lots 1, 2, and 5 from Tony Perez. The intent was to sell two of the lots and build a new home for the Kodiak Christian School on the third. The lots had wetlands issues that we spent many months dealing with through the US Corp of Engineers. We worked with Borough staff to come up with a plan for all three lots that would satisfy the concerns of the Corp, the Borough, and the land owners. The final conclusion was to sell Lot 5 to a developer who would build a minimal number of buildings to limit the impacts on the wettest portion of the land. This also allowed for a large wet lands easement across the northwest side of the lot. The goal was to maintain some water flow to a number of minor ponds down slope from the lots. Lot 1 was initially going to be the location of the school but it was decided that it would be best from everyone's perspective to not increase traffic at the Sharatin Road and Rezanof Drive intersection. Illatimiessactionlelids m.. . The conclusion was that homes would be a better fit for Lot 1. Homes would increase the traffic some but not to the same extent that the school would. Lot 2 was decided to be the location of the future Kodiak Christian School. To make Lot 2 usable for the purposes of a school it was important that we have direct Rezanof Drive access. This is important because of bussing issues as well as the concern for not causing congestion on Sitkinak Drive. We met with Mike Anderson and purchased a portion of his Lot 3 B on Rezanof (this section was recently replatted Lot 3B-2). This 50' lot gave the Kodiak Christian School sufficient access to Rezanof Drive. Sincerely, Daniel A. Rohrer KCS Building Chairman After the Kodiak Christian School sold Lot 1 it was combined with an adjacent parcel (Lot B-2 which was previously owned by the Borough). The portion of Perenosa between the two lots was vacated and given to the adjacent landowners. withent.considminautumaccess taDcrtl Rrnt'Q.I.' 2 or theiCadiatCluistianSchool:LLat 2. Inaddition a pocket park was platted to go in the Perenosa Row between the two lot 2s. This was done without notifying the adjacent land owners and apparently without thought given to future access.) The proposal in front of you now is to completely vacate the remainder of Perenosa Drive from the pocket park to 3B-2 and vacate from 3B -2 to Sitkinak Drive down to a 30' wide utilities right of way. This utilities right of way allows utilities access to Lot 2, Lot 3A and Lot 3B as well as Dorthy Bent's Lot 2, Block 1 (currently undeveloped). With the school using the direct access (3B 2) to Rezanof there will never be a need for Perenosa Drive to exisk Perenosa Drive was originally platted (see attachment) prior to the planning of the extension of Rezanof Drive. When the overview map of this portion of Kodiak is examined it becomes obvious that this additional 500' of road is unnecessary for the future development of this area. I will be attending the meeting at which this issue is discussed and will be happy to answer any questions that you may have at that time. If you have any questions or need for clarification prior to that meeting I can be reached at 486 -0977 or at Drohrer@a GCI.net. Thank you for your time and consideration. • • • • • Kodiak Christian School P.O. Box 49 Kodiak, Alaska 99615 • Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak, Alaska 99615 Attn: Nova Javier, Borough Clerk January 2, 2009 RE: Notice of Appeal — P & Z Case No. S09 -010 i b`i J t JAN - 2 no Et • Dear Nova, The purpose of this letter is to express my desire to appeal the decision of the Planning and Zoning Commission to deny preliminary approval of the re- subdivision of lots along Perenosa Drive ROW and the vacation of a portion of Perenosa Drive. The Commission adopted a number of findings of facts in support of their decision but these findings of fad are incorrect. To begin with it is necessary to briefly address the history of this case. This case was originally filed in December of 2003. At that time it was approved by the Borough and was just waiting the final plat submission. This final plat was never filed thus causing the approval to expire. This was not realized until the Kodiak Christian School was in the process of working with the Community Development office in regards to a zoning compliance for Lot 2, Bk 2. At that time I was notified that the approval had expired and that it would require a reapplication. Anderson Construction filed the initial request on the behalf of the Kodiak Christian School and so they refilled the paperwork to go through the approval process again. The assumption was that the reapplication process would be relatively easy because the Borough had already determined that the Perenosa Drive Row was surplus to the needs of the Borough. (I have attached the original letter that I sent in favor of the vacation of Perenosa Drive in February of 2004) The first finding of fact that I take issue with is the finding that states that the applicant was not representing the majority of adjacent landowners. Andamagreenstractiasmas sewmantingtharragrukalaniaadmiliallug ,(please see attached isitial.mqu s�st rn .fac-Dao eaf2' wool oats own, n cCilon as o _ r�9 H: , E•44 Secondly this piece of property has been determined by the Borough xo, * excess of the Borough's needs and it has been proven that it does more service to the public by being released into the private sector and therefore being consider ROOK i the overall taxable land of the Borough. ' -_ :alc P:-- t.caa4 : 99S' - • • In closing the Kodiak Christian School has moved ahead with building plans based upon t past approval of the vacation of Perenosa Drive. We have assumed access across Lot 3B -2 and we have made water and sewer improvements to the area to be able to further develop our land. A reversal on the decision that Perenosa Drive ROW is in excess of the Borough's needs adversely affects the ability of the Kodiak Christian School to develop its lands. The primary issue is in regards to access to Rezanof Drive. As long as Perenosa Drive ROW exists on paper then the State of Alaska will stand in the way of us receiving a driveway permit to Rezenof Drive. Without this access the school would be required to develop Perenosa Drive Row into a road to have access to its land. The cost of developing this road is not an affordable solution and certainly not a desirable one for the residents of Trinity Island Subdivision. In closing I would request that you reconsider and overrule the decision of the Kodiak Island Borough Planning and Zoning Commission. I will be present at your meeting for any additional information that you may need and would certainly be willing to answer any questions you might have. Thank you for your time on this issue. Attached: Daniel A. Rohrer Kodiak Christian School Board Member Kodiak Christian School Building Chairmen Letter Dated February 9, 2004 to the Planning and Zoning Commission (2 pages) Letter Dated December 2, 2003 to the Community Development Department (4 pages) ;iAezj6: F Ether :3 Lagt ... :a_e in F_`j f., `;odia- Island Perou -` (5 7) 1 4144E4 v . Chapter 16.90 APPEALS TO THE ASSEMBLY Page 1 of 1 43 16.90.070 Appeal hearing. A. The assembly shall hold an appeal hearing on the appeal at its first regular meeting, 30 days after the appeal record has been completed. B. At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission, may present oral argument. Oral argument shall be subject to the following order and time limitations, unless the assembly, for good cause shown, permits a change in the order or an enlargement of time: 1. Borough staff, including commission representatives: 10 minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision; 2. Appellant: 10 minutes; 3. Private person supporting the appeal: 10 minutes each; 4. Private person opposing the appeal: 10 minutes each; and 5. Appellant, for rebuttal: 10 minutes. C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. D. The assembly shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. [Ord. 90-15 §2, 1990]. http:// www. codepublishing. com/ AK/ kodiakislandborough /html/KodiakIslandBoroughl6 /... 2/18/2009 Michelle Stearns, Director Community Development Department Kodiak Island Borough 710 Upper Mill Bay • Kodiak, Ak., 99615 Re: Vacation of a portion of Perenosa Drive ROW Dear Michelle: We are requesting that the Perenosa Drive ROW be vacated as per the attached map, This vacation will best serve the needs of the people of the Borough. A portion of the right of way will be used for new water and sewer mains to provide services to the only remaining properties in the area that do not currently have these improvements. The City of Kodiak Public Works and Engineering Department staff have reviewed our proposed utility plans and agree that a 30 foot wide corridor is plenty for construction and maintenance of the water and sewer mains. Access for the proposed Kodiak Christian School on Lot 2 will come across Lot 3B -2 from Rezanof. This is a much better access point than corning through the existing Perenosa ROW for practical and safety reasons. We are having difficulty getting a driveway permit from ADOT because they see the existing Perenosa Drive ROW on the plat and will not issue us a•permit until it is vacated. Since there is no need for Perenosa Drive, we would like to have it vacated. Thank you for your consideration. Sincerely, Michael W. Anderson Attaclunents: Map of area and petition from all affected neighbors. December 2. 2003 z e vl Z 101 AA ,, 14I'V1/414.. SUBDIVISION APPLICATION KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, KODIAK, ALASKA 99615 - (907) 486 -9363 APPLICANT INFORMATION A. M did hl• 14i Applicant's mailing address: Box 2303 City: Kaiak sate: �K Home phone: work phone: - 555 ) Pik ZIP: 99b itgenesiamuriadamm Agent's/surveyor's mailing address: City: State: ZIP: Home phone: Work phone: Property ID Numberls: PROPERTY INFORMATION Qment legal description: 2 ereliak Proposed legal description: 401106 STAFF USE ONLY Preliminary plat (up to 12 Lots) MC -MAO Abbreviated plat KIBC 16.30 : VaestionKHIC4640 Waiver J l C 16.10.00 , . ;; C. , • ... Application received by Date: 14•kis ssiil.w.. Payable i Comities Office Rem* 1M Fee &belie: (per K10 Assembly Resslutios Eff. July 1, 2095) Abbreviated Plat 530000 Prelbuirary Vacation P111 f Waiver $75.00 N:1CD T Revised Subd Application 7_13_05.DOC Case S03- 030 /Staff Report RECOMMENDATION Staff recommends denial of this request. APPROPRIATE MOTION Public Hearing Item VI -E MOTION: Move to deny approval, in accordance with KIBC 16.60, of the vacation of the undeveloped Perenosa Drive right -of -way, as depicted on the Applicant's map and to adopt the findings in the staff report dated January 5, 2004 as "Findings of Fact" for this case. FINDINGS OF FACT: 1. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.020. 2. This request for vacation meets the minimum application standards of Kodiak Island Borough Code 16.60.030 A and B. 3. This request provides a vacation of a public right of way that is consistent with adopted Borough plans for this area. 4.. This request for vacation unduly prejudices surrounding privateproperty interests. 5. This request for vacation unduly diminishes the public's interests. 6. This request for vacation would result in the creation of a lot without direct frontage access on a public right of way. Page 8 of 9 P & Z: January 21, 2004 4164 r 16.40.040 Data required. A The preliminary plat shall include the following information: 1. date, scale, and north arrow; 2. the approximate acreage or square footage and dimensions of each lot of the proposed subdivision and the number of lots contained therein. Calculations of lot areas to meet zoning district area regulations shall not include any land subject to tidal action below the mean high tide line; 3. name of the proposed subdivision; 4. names and addresses of subdivider(s) and the preparer of the plat; 5. location map of the subdivision, giving the number of the section, township, range, and U.S. survey, if applicable, to which reference may be made; 6. a property map of the proposed plat areas, including: a the location of all property lines; b. a topographic survey with contours at suitable intervals [generally five (5) feet], unless the plat is a reversion to acreage, is a minor change to existing lot lines, or vacates existing lot lines, rights -of -way, or easements. Topographical surveys must be done on an accepted, established vertical datum. Government prepared topographic data is acceptable to meet this requirement, if no changes to site topography have taken place since the date of the topographic survey; c. the general location of streams, lakes, swamps, and drainage courses, including the location of floodplain areas; d. dedicated rights -of- way, patent reserves, road easements, and reservation, and other constructed roadways located within and abutting the area to be platted, inhaling right -of -way widths; e. section lines, if surveyed Protracted section lines may be shown with a dashed line outside of U.S. surveys or other surveys that were established before the section lines were surveyed. Protracted section lines are not to be shown within U.S. surveys; f. adjacent property lines shall be shown with a dashed line to show their general relation to the proposed plat and g. the location of known existing facilities and structures within the proposed subdivision, such as buildings, sewage system, utility easements of record or in use, excavations, bridges, culverts, water systems, and wells. 7. streets, street names, public and private rights -of -way and roadway widths, and other right -of -way easements within the plat showing location, width, and purpose; 8. mean high water line on all lands affected by tidal action; 9. lot lines and lot designations by lot and block numbers; 10. designation of any lots proposed for zero4ot -line development 11. designation of proposed parks, playgrounds, schools, and other public uses; 12. the copy of the plat of record or the district re s plat number, if available; and - 13. A•soils report, prepared by a professional engineer, geologist or other person with demonstrated training in soils mechanics may be required when deemed necessary by the commission Said report should describe the soil conditions using the Unified Soil Classification System and identify foundation and grading problems associated with the soil, such as ground water and bedrock depth. The report should provide soils engineering 1 guidelines for development including recommendations for subsurface drainage and excavation of unsuitable materials, if appropriate. �40.050 Lot design and improveweots required procedure. 1 . / A. The size and shape of lots shall be such as to provide usable building sites appropriate for the locality in which the subdivision is located. The following items, among others, may be taken into consideration by the commission in determining the appropriateness of the subdivision for the locality in which the subdivision is located: 1. adequacy of access for additional traffic volume; 2. adequacy of access from a safety standpoint (e.g., road grades, line of sight considerations); 3. potential drainage problems; 4. neighborhood character (e.g., existing development characteristics, including the size and shape of existing lots, the extent of existing development, and the topography in the neighborhood); and 5. the commission shall also take into consideration the adopted policies of the Kodiak Island Borough Coastal Management Program that relate to the proposed subdivision and based on these policies may require conditions of approval, where feasible and prudent, to implement the policies of the Kodiak Island Borough Coastal Management Program. B. Lots shall also meet, at a minimum, all of the following criteria 1. minimum lot sizes and widths shall conform to the requirements of the borough zoning ordinance unless a variance from the zoning requirements is granted by the commission; 2. double frontage lots shall not access onto designated collector or arterial streets and will generally only be allowed where topography allows no reasonable alternative; 3. two (2) types of flag lots are allowed, as follows: a type I flag lot: i) a single stem type I flag lot shall have a note on the final plat which prohibits future subdivision of the lot and shall have a staff with a minimum width of thirty (30) feet; or ii) two (2) type I flag lots with adjacent stems shall have a note on the final plat which prohibits future subdivision of the lots and each flag stem shall have a staff with a minimum width of twenty (20) feet. b. type II flag lot i) a single stem type II flag lot may be further subdivided if the staff is a minimum of sixty (60) feet wide; or in) two (2) type II flag lots with adjacent stems may be further subdivided if the staffs of each stem are a minimum of thirty (30) feet wide; 4. the driveway access standards of chapter 15.26 of this code; 5. the fire apparatus access road requirements (section 10.207 of the Uniform Fire Code) of chapter 15.24 of this code; 6. the utility installation requirements of Title 13 Utilities of this code; 7. lots platted with a common wall or zero lot line intent shall be designated as such on the final plat and �—� 8.11Ibts should have frontage on a dedicated lic right -of- way. Generally, access easements may be allowed only when the property proposed for subdivision is accessed by an easement or'has no public access. Lots greater than ten (10) acres and described as an aliquot part may be provided access through an easement which has been approved as to form by the attorney and as to adequacy by the commission. C. Subdivisions are also required to meet the improvement standards contained in chapters 16.70 and 16.80 of this title. N :\BOROUGH\Master Web Site \Community Development\Forms \Subdivision Applic ation.DOC 7/13/2005 Objections to vacating a portion of the undeveloped Perenosa Drive right of way (ROW).. Case S03 -030 Thanks Ed Mahoney di Martin Lydick From: Ed [builders ©ptialaska.net] Sent: Wednesday, January 14, 2004 9:06 AM To: Martin Lydick Subject: Case S03 -030 1. There was a'Pocket Park" created at one end of Perenosa Drive. There is now access off Katmai Drive over private property and access from Perenosa Drive allowing the park to be accessed from the residential area of Trinity Islands Subdivision and any further development of the residential area to the east of Perenosa Drive. It is clearly not in the public's best interest to vacate this access. Katmai Drive is only 50' wide and a residential area. The vacation of the ROW would adversely impact the Katmai residential area with added traffic and noise should Perenosa ROW be vacated. It is important that this public access be protected and not vacated. 2. Perenosa Drive also serves as a buffer between Business Zoning and the Residential area to east. It is clearly in the public's best interest to maintain this buffer between the two very different land uses. 3. The access onto Perenosa is now from Sitkinak which is a 60" right -of -way onto F ezanof Drive thereby avoiding another access onto the State road. Should the ROW be vacated, it appears that the only access to the area would be from what appears to be "Roma Way" which is only 50' wide. That additional 10' of road access is certainly beneficial for public safety and contrary to the publics best interest. 4. Access for public sewer and water to lots in the area seems to be through Perenosa Drive from Sitkinak. Should further subdivision of the area take place it is imperative that this area have reasonable access to these utilities without having to encumber private property with easements. It seems contrary to public interest to vacate this access on Perenosa Drive. 5. Should the public desire to vacate Perenosa Drive, I am sure that public could use the property in another manner as to benefit the same, such as another Park for the residential area of Trinity Islands, a green belt, a trail from Trinity Islands to access the Park at the end of Perenosa Drive. 6. Should Perenosa Drive be vacated there is no other access to lot 2 to the east of Perenosa ROW and contrary to Borough policy. 7. Perenosa Drive ROW is a platted 60' ROW. Should the ROW be vacated, it is possible that a 50' ROW could platted and developed. This 10' may not seem like much, but having just developed 3 Tots on Katmai Way, I can assure you this makes a huge difference in the safety of those that use it. In closing, I find nothing wrong with the ROW as it now stands. It gives a clear buffer between land uses, prevents a Borough the ROW "as it". road from entering onto a State road thus eliminating the liability of such. I believe the public interest is best served by leaving TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING ITEM NO: 13.D.2 Confirmation of Mayoral Appointment to the Kodiak Arts Council Advisory Board. SUMMARY: There is currently one vacant seat on the Arts Council Advisory Board Committee for a term to expire 2009. Ms. Sarah Kennedy submitted her application on January 9, 2009 and Cathy Wilson (incumbent) also resubmitted her application. 2.135.010 Created — Membership. There is created an arts council advisory committee which shall consist of three borough residents, which are appointed by the mayor and confirmed by the assembly. The Kodiak Baranof Productions, Inc., D.B.A. Kodiak Arts Council board of directors shall have an opportunity to review the applications and submit comments prior to mayoral appointment. The committee shall designate its chair. A copy of Ms. Kennedy's application was emailed to Nancy Kemp and Kodiak Arts Council members on February 3, 2009. We are waiting for a recommendation from the board of directors. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to confirm the mayoral appointment to the Kodiak Arts Council Advisory Board for a term to expire October 2009. Name Sara Bruce 1413 Mission Road Kodiak, AK 99615 Cecelia Esparza PO Box 3813 Kodiak, AK 99615 Vacant Staff: Nancy Kemp, Staff Gerald C. Wilson Auditorium 722 Mill Bay Road Kodiak, AK 99615 Revision date: 2/3/2009 Revised by: JK KODIAK ISLAND BOROUGH Arts Council Advisory Committee Term Home Phone 2009 486 -2704 539 -2704 cell 2009 486 -2958 539 -6813 cell 2009 486 -5291 Work Phone t3.0- 2- Email 486 -2131 sara.bruce @gmail.com cece @ptialaska.net kodiak- arts - council @gci.net Jessica Kilborn From: support©civicplus.com Sent: Friday, January 09, 2009 4:47 PM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Arts Council Advisory Committee Name:: Sarah Kennedy Home Address:: 1727 Mission Road Home Phone Number:: 907 - 539 -2004 Mailing Address:: P.O. Box 66 JAN - 9 Business Phone Number:: 907 - 486 -7004 Occupation:: Store Manager at the Alutiiq Museum Email Address:: sarahkennedykodiak @yahoo.com Length of Residency in Kodiak:: 26 years Are you a registered voter:: Yes High School:: Kodiak High School Graduate College:: Lewis & Clark College, BA Fine Arts Major Trade or Business School:: n/a Hobbies:: Drawing, Bowling, Hiking Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: No If yes, which:: Please list organization memberships and positions held:: Please List Areas of Special Interest: Please Enter Basic Resume Information Below: Experience Tropics Lounge May 2007 - Present Right now I am the head Bartender on Friday and Saturday nights. I open and closed the register, maintain crowd control, customer service, stock merchandise, clean, and close up. Best Western Kodiak Inn June 2005 - August 2007 Worked as a Waitress and Bartender at the Chartroom Restaurant. As a Bartender, I opened and closed the register, and also dealt with customer service. 1 FEB -12 -2009 15:23 From:KODIAK ARTS COUNCIL 19074865592 (Cc7'/ kklf Ac e- ; S' C.,. c.4 cr BOARD APPLICATION NAME: C1 A l f-{ Y y./ Cry Q N, HOME PHONE: ' 7 ` q Teo WORK: 1 7 1 e i- 6 y0 0 CELL NO: 1 2 - - R67— E -MAIL: r i p 1`0 'C) 17+t 't (a k2 STREET ADDRESS: oe-(s MAILING ADDRESS: 13 oK 2-0 ,3S' LENGTH OF RESIDENCE IN KODIAK: 2-5 ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: A -R- 5 P -4TZ.t 1 PROFESSIONAL ACTIVITIES: C-O Catia Signature / A resume or letter of interest may be attached, but is not required. Please return the •ligation by the advertised deadline. Volor ID No Votified Applicant's Residence; 8• racy 1 Clly ( ) Date Appointed: Term emires on; Comments: r AGO see �c>l��° 1 y 7 i (mod i u , Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier@kodiakak.us Dom mantatiow .7." . 1. P . P r (I AREA OF EXPERTISE AND /OR EDUCATION: . 5TAFF USE ONLY IN ALASKA: YES 0 YES To:KIB P.1 /1 I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) t,k.a1? 3. 2. 4. dAktJ . Date This application will be kept on file for one year. 1 Appointer nt Last' Roster. Oath of Office: Fonan0al Disdosuror TITLE: Confirmation of Assembly Appointments to the Personnel Advisory Board. SUMMARY: There are currently two vacant seats on the Personnel Advisory Board and the following submitted their applications: • Mr. Thomas L. Cagle • Ms. Brenda Zawacki • Ms. Jennifer Vickstrom Per Section 203 of the Personnel Manual: The Borough Assembly shall appoint a Personnel Board consisting of five members. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. The applications were emailed to the Borough employees and any comments will be shared to the Assembly before or during the regular meeting. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING ITEM NO: 13.D.3 RECOMMENDED MOTION: Move to confirm the appointments of and on the Personnel Advisory Board for terms to expire December 2011. Name Veralynn "Lynn" Bash 2010 3117 Monashka Bay Road Kodiak, AK 99615 Susan Eoff 1254 Sargent Creek Road Kodiak, AK 99615 Susan Killary 1320 Madsen Avenue Kodiak, AK 99615 Vacant Vacant Revision date: 2/3/2009 Revised by: JK Personnel Advisory Board Term 2009 2010 486 -2869 2011 2011 486 -6807 487 -2301 Staff: Lauri Whiddon, HR Officer /Executive Assistant KODIAK ISLAND BOROUGH Home Phone Work Phone 486 -6807 486 -8111 481 -2422 486 -9301 Email Iynnbash(a�rocketmail.com eoffalaska.net skillary a(�provak.orq Iwhiddon(c�kodiakak.us BOARD APPLICATION NAME: R HOME PHONE: y` '' 1- `tq x, WORK: ` - t-/, CELL NO: )3<', E- MAIL: STREET ADDRESS: MAILING ADDRESS: LENGTH OF RESIDENCE IN KODIAK: ARE YOU A REGISTERED VOTER IN KODIAK? ARE YOU A PROPERTY OWNER IN KODIAK? COMMUNITY ACTIVITIES: PROFESSIONAL ACTIVITIES: AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) 1.R �: -, . \> , , `. � ) \ 2. 3. 4. Signature Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njaviergkodiakak.us • STAFF USE ONLY • IN ALASKA: YES ()() YES (X) Date NO ( ) NO( ) ii JAN 2 9 2009 A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the . ation by the advertised deadline. Voter ID No Verified 8 (IP , Documentation: Appointment Letter. Applicants Residence; • ■ iy ) City Roster. Date Appointed: Oath of Office: Term Expires on: Financial Disclosure: Comments: NAME: . A 4.. HOME PHONE: 4- ? :;Z 9 7? WORK : C &'U CELL NO ed E -MAIL: STREET ADDRESS: / b 7 `j ' 7 t— . N ,'V' MAILING ADDRESS: LENGTH OF RESIDENCE IN KODIAK: 7 up. ' ,j IN ALASKA: ARE YOU A REGISTERED VOTER IN KODIAK? YES (.4 NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES ( NO ( ) COMMUNITY ACTIVITIES: ( PROFESSIONAL ACTIVITIES: j. / v� Ccrv >� AZ) P7 vl L'z= ! L / \ / G LA A, 77 GeV, g L 212r z F OF EXPERTISE flD /OR EDUCATION::) X Ali `) . r uti 'iL' 1.-- C L :I . ,�.,,� . (L64_.-,..,, . I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S) (List in order of preference) BOARD APPLICATION t Signature Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: njavier @kodif1taca 1. U s�z,1� .7I_ J �' 2. 3. 4. Ii6 d;a A , /9A ? DEC 102008 C ec r i (Y neZ w ) — ) c ? . ) Date A resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the a•plication by the advertised deadline. - STAFF USE ONLY - Voter ID No Verified By:' 0 Documentation: Appointment Letter: Applicant's Residence: =.r. h City ( ) Roster: Date Appointed: Oath of Office: Term Expires on: Financial Disdosure: Comments: NAME: Jena fez HOME PHONE: '1 6 - 7 /o as WORK: 4 "g6 ' `P80`- CELL NO: gq Z - 7/439 E -MAIL: J tin y j/ � �- ev STREET ADDRESS: / S 3 z4,-, vF /O( ' MAILING ADDRESS: K ,c 3/8 JwcLiG LENGTH OF RESIDENCE IN KODIAK: w 1Q‘47./ IN ALASKA: Lo / ARE YOU A REGISTERED VOTER IN KODIAK? YES ( NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (v' NO ( ) COMMUNITY ACTIVITIES: 13) 5, � i �� 74,‘ r t/D /t,- f2/ 1,46 /1 /V , . .e 1-4 >‘ - ' PROFESSIONAL ACTIVITIES: /)a £ &D 1 145C_ z;.-1 7A)( / . a /v-r. f ? t ) /()L ',1 (c UGf.t -5�•.5 L. L ' FEB 4 1009 rte' (List in order of preference) AREA OF EXPERTISE AND /OR EDUCATION: I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S jj B, r 3. Pen Vanel 604rot (c G/Nv/ . 0:2/O6/79} 4. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: nj BOARD APPLICATION V) k,5 .4foi-t /'I (Cot) 61i2Gt / TG),)( c��n� , 1 u r VJ)rJnzVrr Date resume or letter of interest may be attached, but is not required. This application will be kept on file for one year. Please return the application by the advertised deadline. Voter ID No Verified B Applicants Residence; Boroug Date Appointed: 1 ' Term Expires on: Comments: • STAFF USE ONLY • Documentation: Appointment Letter. Roster. Oath of Office: Financial Disdosure: TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING Confirmation of Mayoral Appointment to the Planning and Zoning Commission. ITEM NO: 13.D.4 SUMMARY: There are currently two vacancies on the Planning and Zoning Commission. Both are to expire 2011; one is a borough seat and the other is a city seat. An application has been received from Ms. Jennifer Vickstrom who is a City resident. Her application has been forwarded to the City Council for a recommendation as required by Code. 2.105.010 Created — Membership. There is created pursuant to AS 29.40.020 a planning and zoning commission, which shall consist of seven members appointed by the mayor subject to confirmation by the assembly, except that a member from a home rule or first class city shall be selected from a list of recommendations submitted by the council. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to confirm the mayoral appointment of Ms. Jennifer Vickstrom on the Planning and Zoning Commission City Seat for a term to expire October 2011. NAME: Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 EMAIL: nj aviergkodiakak. us BOARD APPLICATION V/ k -4i »r1 HOME PHONE: 1-076,- 7 ( , as WORK: 1- 1`?b ' c ('?aq CELL NO: 9y 2 - - 7 ) 6 3 E -MAIL: J ��n ✓) 4i Cc'-1 STREET ADDRESS: J R) 3 Y'' z v /3 v MAILING ADDRESS: PG) r&' 3/8 l<4)1.E,14 LENGTH OF RESIDENCE IN KODIAK: %O �- eG/9 I N ALASKA: l vw ,47 5 t ARE YOU A REGISTERED VOTER IN KODIAK? YES (v( NO ( ) ARE YOU A PROPERTY OWNER IN KODIAK? YES (4 NO ( ) COMMUNITY ACTIVITIES: ii,,-J 5, , PA., 1 n.V.,i A 4) ,:,i i -Pr f ✓P J?/ f,P/ 7 in"I /+4G . ht5 55 ‘:.' VvIrJ,,firr PROFESSIONAL ACTIVITIES: /2G tdor / / of 7 )c. / 4?/ t� �. �')u cv . / / ,x)LL G 4 /, I /Lr '7i ;o'", L.'4%..)/le:-.1 1 G! Y(r714 AREA OF EXPERTISE AND /OR EDUCATION: / - )CCOt)P 6) '1 / %2.A.;( ! i v ✓n c�� I AM INTERESTED IN SERVING ON THE FOLLOWING BOARD(S 1. p) LA�� 2 71 >nt ^ 2. S' ature 4. Date / 3 J 2 F F. 4 2009 resume or letter of interest may be attached, but is not required, This application will be kept on file for one year. Please return the application by the advertised deadline. ?712 (Lis in order of preference) - Voter ID No Venlled By: Applicant's Residence; Boroug T ) City ( Date Appointed: Term Expires on: Comments: • STAFF USE ONLY • Documentation: Appoi ntment letter. Roster. Oath of Office: Financial Disdosure: Name Vacant(C) Casey Janz (B) 10674 Chiniak Dr. Kodiak, AK 99615 Alan Torres (B) 2746 E. Rezanof Dr. Kodiak, AK 99615 KODIAK ISLAND BOROUGH Planning and Zoning Commission Term Home Phone Work Phone David King (B) (Chair) 2009 481 -2930 PO Box 3634 Kodiak, AK 99615 2011 2009 487 -4055 2010 486 -0217 486 -9345 William Kersch (C) 2009 486 -4854 1812 Mission Road Kodiak, AK 99615 Vacant(B) 2011 Brent Watkins (C) 2010 486 -1717 307 Childs Drive Kodiak, AK 99615 B= Borough Seat C =City Seat Staff: Bud Cassidy, CDD Director Duane Dvorak, CDD Assoc. Planner /LRP Martin Lydick, CDD Assoc. Planner /ENF Sheila Smith, CDD Secretary Revision date: 2/5/2009 Revised by: JK 715 - 475 -8336 (cell) Email (H)dkingak ar7gci.net (W)david king(fws.gov 487 -2125 (H)cianz a(�ptialaska.net (W) cianz0l (u�kodiakschools.orq 486 -9363 486 -9363 486 -9363 486 -9363 arii.torres a(� yahoo.com williamusps anyahoo.com brentski a(�yahoo.com bcassidy(a�kodiakak.us ddvorak(c�kodiakak.us mlydick(�kodiakak.us ssmithkodiakak.us Nova Javier From: Penni Hees Sent: Friday, February 06, 2009 10:38 AM To: Nova Javier Cc: Jennifer Vickstrom Subject: RE: Addition to the Personnel Board Applicants I would like to see Jennifer Vickstrom appointed to either board, as I feel she will bring a fresh perspective to the board as a former employee. Original Message From: Nova Javier Sent: Friday, February 06, 2009 10:30 AM To: All Subject: Addition to the Personnel Board Applicants Hello, Additional application has been received for the personnel advisory seats. There are currently two seats vacant and there are three applicants. Please see attached. Thank you, Nova Original Message From: Nova Javier Sent: Tuesday, February 03, 2009 3:39 PM To: All Subject: Personnel Board Applicants Hello everyone, I received the attached applications for the Personnel Board. Per Section 203 of the Personnel Manual: The Borough Assembly shall appoint a Personnel Board consisting of five (5) members. In appointing members to the Personnel Board, the Borough Assembly will take into consideration the recommendations made by Borough employees, the Borough Manager, any resident of the Borough, and their own recommendations. Please email me your comments by Thursday, February 12. This item will be presented to the Assembly for action on Thursday, February 29. Thank you, Nova Nova M. Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 www.kodiakak.us 1 Nova Javier From: Sent: To: Cc: Subject: Debra Marlar, MMC Clerk, City of Kodiak Phone 907 486 -8636 Fax: 907 486 -8633 Email: dmarlar(a�city.kodiak.ak.us Marlar, Debra [dmarlar @city.kodiak.ak.us] Wednesday, February 11, 2009 12:33 PM Bud Cassidy; Nova Javier Freed, Linda City's P &Z Seat 1 KODIAK ISLAND BOROUGH CLERK'S OFFICE COP' EH O: Y ASSj :012F.i' V RAYOR ..0.�' MANAGER ✓ OTHER Pursuant to AS 29.40.020, please consider this e-mail as official notification that the City Council has recommended Jennifer Vickstrom be appointed to the vacant City seat on the Planning and Zoning Commission. As you know, Ms. Vickstrom's application was the only application received for the appointment. Messages to and from this e-mail address may be available to the public under Kodiak City Code provisions and Alaska State Statutes. TITLE: Confirmation of Assembly Appointment to the Board of Equalization. SUMMARY: There are currently two vacant seats on the Board of Equalization, one seat to expire 2009 and the other 2011. One application has been received from Mr. John A. Parker. 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING ITEM NO: 13.D.5 RECOMMENDED MOTION: Move to confirm the appointment of Mr. John A. Parker on the Board of Equalization for a term to expire December 2011. Name Cassandra Juenger 3899 Harry Nielsen Kodiak, AK 99615 Karenia Hackett PO Box 3533 Kodiak, AK 99615 Tim Hurley PO Box 864 Kodiak, AK 99615 Vacant Vacant Alternate: Cheryl Boehland PO Box 8529 Kodiak, AK 99615 Staff: Tom Anderson, Assessor Nova M. Javier, Borough Clerk Revision date: 2/9/2009 Revised by: JK KODIAK ISLAND BOROUGH Board of Equalization Term Home Phone 2011 2010 486 -6168 2009 486 -5584 2011 2009 486 -2221 2010 487 -4448 486 -9350 486 -9310 Work Phone 486 -9325 486 -8111 486 -4433 486 -3480 Email cassandra123 a(�gci.net kareniah(a�kiha.orq thurley(a�alaska.com seabee a(�ptialaska.net tanderson(.kodiakak.us niavierkodiakak.us KIBC 3.20.050 Members. The board of equalization shall be composed of five (5) persons, not assembly members, appointed by the assembly. Jessica Kilborn From: support@civicplus.com Sent: Friday, February 06, 2009 5:08 PM To: Nova Javier; Marylynn McFarland; Jessica Kilborn Subject: Online Form Submittal: Board Application Form The following form was submitted via your website: Board Application Form Select the Board, Commission, or Committee applying for:: Board of Equalization Name:: John A Parker Home Address:: 3640 Sunset Drive Home Phone Number:: 486 3084 Mailing Address:: PO box 191 Business Phone Number:: 486 3084 FEB 9 2009 Occupation:: Retired school teacher Email Address:: toybox &ci.net Length of Residency in Kodiak:: 35 years Are you a registered voter:: Yes High School:: Don Bosco Technical College:: Stout State University Trade or Business School:: Ecole de Culinare Lyon France Hobbies:: Chef Firearms Ham Radio Motorcycling Are you currently serving on other Boards, Commissions, or Committees ?: No If yes, which:: Have you served on a Board, Commission, or Committee before ?: Yes If yes, which:: Service District One Please list organization memberships and positions held:: Kodiak Island Sportsman Association member Kodiak Area Emergency Radio Services member Benevolent and Protective Order of Elks Past Exhaulted Ruler Please List Areas of Special Interest: Generally speaking is spend the majority of my time with volunteer projects or groups in the Kodiak area. You could find me as a range officer 1 at one of the KISA ranges, operating ham radios during community events or baking bread at the Kodiak Elks Lodge. On average I would estimate I spent 20 hours a week at these type activities. Please Enter Basic Resume Information Below: I spent 24 years teaching various HS courses at Kodiak High School from 1971 through 1994. My trade backgrounds are building construction, automotive and heavy equipment, and commercial foods. I also have been an adjunct instructor at Kodiak Community College at various times. For a number of years (ten years more or less) I operated my own accounting and tax preparation service. Over my 35 plus years in Kodiak I have owned residential, commercial, and multi family housing. I feel I have a fair knowledge of both real - estate values and construction cost of Kodiak. During my employment with Kodiak Community College I spent a year and a half traveling to various communities around the island as an itinerant computer tech instructor. I previously serve on the Borough Assembly during the 1990 era. Additional Information: Form submitted on: 2/6/2009 5:07:25 PM Submitted from IP Address: 65.74.87.251 Form Address: http: / /www.kodiakak.us /forms.aspx ?FID =72 2 APPROVAL FOR AGENDA KODIAK ISLAND BOROUGH AGENDA STATEMENT FEBRUARY 19, 2009 REGULAR MEETING TITLE: Request by Mr. Omar Stratman for an Amicus Brief. SUMMARY: Attachment #1 is a brief summary of the history of the Lesnoi /Stratman proceedings. Attachment #2 is the request sent by Mr. Stratman. ITEM NO: 13.D.6 RECOMMENDED MOTION: Move to grant the request of Mr. Stratman by directing the Borough Attorney to draft an amicus brief. Nova Javier Subject: FW: Stratman /Leisnoi From: Dale Marie Rice [mailto:riceridg @ptialaska.net] Sent: Tuesday, February 10, 2009 11:25 AM To: Nova Javier Subject: Stratman /Leisnoi This is a brief summary of the history of the Leisnoi /Stratman proceedings over the past many years as presented by his attorney, Michael Schneider. More in depth briefs are available at the Kodiak Public Library. "Leisnoi, Inc." is the village corporation organized under the Alaska Native Claims Settlement Act (ANCSA) for the "Native Village of Woody Island." As older people in Kodiak know, and as the Administrative Law Judge found in Mr. Stratman's challenge to Leisnoi's eligibility, the Native Village of Woody Island was a ghost town long before ANCSA. Woody Island, like other Koniag region "phantom villages," was part of a Koniag Region scheme to get more land and money under ANCSA than the law allowed. On October 13, 1999, an Administrative Law Judge concluded that Leisnoi /the Native Village of Woody Island was not entitled to ANCSA village status on any theory. Three years later, the Interior Board of Land Appeals affirmed the merits of Stratman's claim that Leisnoi was improperly certified as a "Native village." Nevertheless, in October of 2008, the Ninth Circuit Court of Appeals concluded that Section 1427 of the Alaska National Interest Lands Conservation Act (ANILCA) somehow ratified the Secretary of Interior's 1974 decision to the effect that Leisnoi was eligible for village status. The Ninth Circuit Court of Appeals came to this conclusion even through ANILCA Section 1427 does not expressly comment on Leisnoi's eligibility one way or the other. Mr. Stratman has filed a petition for a Writ of Certiorari with the U.S. Supreme Court. The petition is a request to the court that it hear and reconsider the Ninth Circuit's recent decision. This is Mr. Stratman's, and the public's, last shot at righting what is likely the largest land fraud in Alaska history. If the United States Supreme Court reviews the matter, there is an excellent chance that it will reverse the Ninth Circuit Court of Appeals' decision. If the United States Supreme Court does not hear the matter, Leisnoi will retain its ill- gotten gains forever, as a private land owner. Mr. Stratman is asking the Kodiak Island Borough Assembly, not to weigh in on one side of this fight or the other, but to explain briefly to the United States Supreme Court in an amicus brief just how important the issue before it is for the public at large. Among the issues of broader social and legal importance are: 1. The Ninth Circuit, under its own precedents and that of the U.S. Supreme Court, appears to have improperly invalidated the village eligibility and enforcement provisions of ANCSA. The circuit court should not impliedly repeal acts of Congress. 2. Leisnoi's land holdings include habitat that is uniquely beautiful, critical to a variety of species of wildlife, and that provides "world class" recreational opportunities. These opportunities will be lost in the face of Leisnoi's private ownership of the property. Because the land would return to the public domain if the Supreme Court takes the case and Mr. Stratman ultimately prevails, the outcome is important to every American, not just to those living on Kodiak. 3. The case, at its heart, involves issues of the fraudulent acquisition of government assets. If the Kodiak Island Borough elects to file an amicus brief with the U.S. Supreme Court, it will need to do so immediately. However, this brief should not be expensive to produce and needs do no more than set forth simply, directly, and briefly why the issues raised by this matter are worthy of the Court's consideration and why the outcome is central to access, use, and enjoyment of critical habitat in and around Kodiak. 1 /o «e gowoul y Havolei- Ctcs-e701/ ct CO Or- ' t 5 CI KODIAK ISLAND BOROUGH CLERKS OFFICE COP TO: ASSEMBLY__ MAYOR MANAGER / OTHER 13 KODIAK ISLAND BOROUGH CLERKS OFFICE COYI D TO: ASSEMBLY MAYOR MANAGER_ OTHER �- �L 6WQ 7 'a,c1 , I); 1/1 tAOkeiv 7z hr awd� e l - ,AqS c 6p 1 7 d G Cj J4 771 r e curt/ 1/4 G6, S/L 141 S H2 1114 q 10 f/ t r' 1 . ? T 1; xklO L V e_i G/ 4 / 0 � L !O � � A/6_ ow.-Y6f R es cy)id -ems 5 " 7 TOh a Q F cefrr/Orafr-i ,„ ec tT w c� 1 QUESTION PRESENTED Petitioner brought action against the Secretary of Interior for review of his determination that Respondent Leisnoi, Inc. was qualified to receive land and benefits under the Alaska Native Claims Settlement Act (ANCSA) as an eligible "Native village." On remand, the Interior Board of Land Appeals (IBLA) determined that Leisnoi was not, in fact, qualified for eligibility as a Native village. On appeal, the Ninth Circuit held that the Petitioner's action had been mooted by Congress' enactment of Section 1427 of the Alaska National Interest Lands Conservation Act (ANILCA). Section 1427 amended ANCSA's provisions as to certain Native villages, and listed Leisnoi as one of the affected "village corporations." The Ninth Circuit held that the listing of Leisnoi as a "village corporation" constituted a congressional determination of its eligibility, and exempted Leisnoi from having to satisfy ANCSA's village eligibility requirements. The court based its interpretation on the "plain language" of this provision, and refused to consider Section 1427's legislative history, which showed that Congress had listed Leisnoi as a "village corporation" in the mistaken belief that the Secretary's determination of its eligibility had already become final, and that Leisnoi had already been determined to have satisfied ANCSA's eligibility requirements. 11 The question presented is: Whether the Ninth Circuit impermissibly invalidated a prior congressional enactment by failing to apply the canons of statutory construction relating to repeals by implication, and by construing the "plain language" of ANILCA Section 1427 as exempting Leisnoi from ANCSA's village eligibility provisions, and mooting the Petitioner's action, without regard to Section 1427's legislative history, and contrary to Congress' actual intent. TABLE OF CONTENTS QUESTION PRESENTED i TABLE OF CONTENTS iii TABLE OF AUTHORITIES vi OPINIONS BELOW 1 JURISDICTION 1 STATUTORY PROVISIONS INVOLVED 1 STATEMENT 2 A. Background 5 B. The remanded agency proceedings 15 C. The district court proceedings 19 D. The Ninth Circuit's decision 20 REASONS FOR GRANTING THE PETITION 22 I. The Ninth Circuit's Decision Invalidated An Act Of Congress 22 II. The Ninth Circuit's Decision Is Erroneous And Conflicts With This Court's Precedents 23 iv III. The Ninth Circuit's Decision Abrogated Important Policies Established By Congress In The Exercise Of Its Plenary And Exclusive Authority To Regulate Indian Affairs And Dispose Of Public Lands 30 IV. Review Of The Ninth Circuit's Decision Will Prevent The Commission Of A Fraud On The United States 31 CONCLUSION 34 Opinion of the U.S. Court of Appeals for the Ninth Circuit, dated October 6, 2008 Opinion of the U.S. District Court for the District of Alaska, dated September 26, 2007 Decision of the Secretary of the Interior, dated December 20, 2006 Decision of the Interior Board of Land Appeals, dated October 29, 2002 APPENDIX A APPENDIX B APPENDIX C APPENDIX D V ALJ's Recommended Decision, U.S. Department of the Interior Office of Hearings and Appeals, dated October 13, 1999 APPENDIX E Secretarial Order No. 2965, dated June 10, 1974 APPENDIX F Statement of Edward Weinberg before the House Comm. on Interior and Insular Affairs, 96t Cong., dated February 6 -8, 1979 APPENDIX G -1 Section by Section analysis of ANILCA Section 1427 APPENDIX G -13 Statutory provisions APPENDIX H Cases vi TABLE OF AUTHORITIES Amell v. United States, 384 U.S. 158 (1966) .. 24 Chevron U.S.A. v. Natural Resource Defense Council, 467 U.S. 837 (1984) 4, 20 Friends of the Earth v. Weinberger, 562 F.Supp. 265 (D.D.C. 1983) 25 Koniag, Inc. v. Andrus, 580 F.2d 601 (D.C.Cir. 1978), cert denied, 439 U.S. 1052 (1978) .. 12, 29 Koniag, Inc. v. Kleppe, 405 F.Supp. 1360 (D.D.C.1975), affd in part and rev'd in part, 580 F.2d 601 (D.C.Cir. 1978), cert denied, 439 U.S. 1052 (1978) 12 -13 Morton v. Mancari, 417 U.S. 535 (1974) 24 Radzanower v. Touche Ross & Co., 426 U.S. 148 (1976) 24 - 26 Robertson v. Seattle Audubon Soc., 503 U.S. 429 (1992) 25 Rodriquez v. U.S., 480 U.S. 522 (1987) .... 25, 29 Stratman v. Leisnoi, 157 I.B.L.A. 302 (2002) 17 Cases vii Stratman v. Watt, 656 F.2d 1321 (9 Cir. 1981), cert. dismissed, 456 U.S. 901 (1982) 10 -11, 13, 28 U.S. v. Lara, 541 U.S. 193 (2004) 30 U.S. v. San Francisco, 310 U.S. 16 (1940) . . 30 U.S. v. United Continental Tuna Corp., 1 425 U.S. 164 (1976) 26 Statutes and regulations 43 CFR 2651.2(a)(10) 9 43 CFR 2651.2(a)(4) 9 43 CFR 2651.2(a)(6) 8 9 43 CFR 2651.2(a)(8) 8 43 CFR 2651.2(a)(9) 8 43 U.S.C. 1602(c) 8 43 U.S.C. 1610(b)(1) 8 43 U.S.C. § 1603 7 viii 43 U.S.C. § 1606(a) 3 43 U.S.C. § 1610(b) 8 43 U.S.C. § 1610(b)(2) 9 43 U.S.C. § 1610(b)(3) 8, 9 43 U.S.C. § 1613(a) 31 43 U.S.C. § 1632 10 Section 1(c) of the Act of Jan. 2, 1976, P.L. 92 -204, 89 Stat. 1145 33 Legislative material Senate Comm. On Energy And Natural Resources, Alaska National Interest Lands Conservation Act, S. Rep. No. 96 -413, 96 Cong., 2d Sess. 323 -326 (1980), reprinted in 1980 U.S.C.C.A.N. 5267 -5270 14 Statement of Edward Weinberg, Counsel for Koniag, Inc. before the House Comm. on Interior and Insular Affairs, 96` Cong. (Feb. 6, 1979) 13 -14 Miscellaneous ix Alaska Native Claims, Hearings Before the Subcomm. On Fisheries and Wildlife Conservation and the Environment of the Comm. On Merchant Marine and Fisheries, 93d Cong., 2d Sess. (1975) 6 Eric Wander, Leisnoi Enforcing Land-Use Policies, THE KODIAK DAILY MIRROR, Sept. 4, 2008 33 Jack Anderson, Land -Grab Scheme Bared in Alaska, WASHINGTON POST, Feb. 21, 1979. 6 Jack Anderson, Those `Phantom" Villages in Alaska, WASHINGTON POST, Feb. 22, 1979 6 Jack Anderson, Phantom Villages Grab for Woodland, WASHINGTON POST, Feb. 23, 1979 6 Jack Anderson, Alaska Land Grab Charged, SEATTLE POST INTELLIGENCER, Feb. 23, 1979 6 Jack Anderson, Man Behind Alaska Land Grab, TACOMA NEWS TRIBUNE, Feb. 23, 1979 .... 6 Jack Anderson, Bill Abets Alaska Land Swindle, TACOMA NEWS TRIBUNE, Feb. 23, 1979 .... 6 Jack Anderson, U.S. Drops Land Case Prosecution, WASHINGTON POST, Mar. 1, 1979 6 Jack Anderson, Fraud is in the Eye of the Beholder, ANCHORAGE DAILY NEWS, Mar. 1, 1979 6 Jack Anderson, Alaska Land Charge Reiterated, WASHINGTON POST, April 21, 1979 6 Secretarial Order No. 2965 9 1 OPINIONS BELOW The opinion of the court of appeals is reported at 545 F.3d 1161, and is reprinted in the Appendix as Pet. App. A. The opinion of the district court is unreported, and is attached as Pet. App. B. The opinion of the Secretary of Interior is unreported, and is attached as Pet. App. C. The opinion of the Interior Board of Land Appeals is reported at 157 IBLA 302, and is attached as Pet. App. D. The opinion of the Administrative Law Judge is unreported, and is attached as Pet. App. E. JURISDICTION The judgment of the court of appeals was entered on October 6, 2008. This Court has jurisdiction under 28 U.S.C. § 1254(1). STATUTORY PROVISIONS INVOLVED This case involves provisions of the Alaska Native Claims Settlement Act, 43 U.S.C. § 1601 et seq., and regulations adopted by the Secretary, 43 CFR § 2651.2. It also involves provisions of the Alaska National Interest Lands Conservation Act, Pub. L. No. 96 -487, 94 Stat. 2371. The pertinent provisions are reproduced in Pet. App. H. 2 STATEMENT This case involves an action against the Secretary of Interior for review of his determination, made under the Alaska Native Claims Settlement Act (ANCSA), that Respondent Leisnoi, Inc. was eligible to participate in ANCSA, and to receive public lands and other ANCSA settlement benefits, as a "Native village." The district court had initially dismissed the action, based on the Petitioner's failure to exhaust his administrative remedies. On appeal, the Ninth Circuit reversed the district court and vacated the judgment of dismissal, holding that the Petitioner was excused for his failure to exhaust because he had been entitled to, but did not receive, actual notice of the DOI's proceedings. The case was remanded to the district court, which then remanded the case to the Interior Board of Land Appeals (IBLA) for a re- determination of Leisnoi's eligibility, after conducting a new evidentiary hearing. While the case was pending on appeal to the Ninth Circuit, and during the period of its dismissal by the district court, Congress enacted Section 1427 of the Alaska National Interest Lands Conservation Act (ANILCA). Section 1427 amended ANCSA's land selection and entitlement provisions with respect to the Native village corporations located in 3 the region of Kodiak, Alaska.' Section 1427(a)(4) listed the Native village corporations that were subject to the amended provisions, which included Leisnoi. The Respondents argued, in the district court, that by listing Leisnoi as a "village corporation," Section 1427 "ratified" Leisnoi's status as an eligible Native village, and mooted the Petitioner's action. The legislative history of Section 1427 shows that when Congress enacted Section 1427, it had not been aware of the existence of the Petitioner's action, and mistakenly believed that Leisnoi had already been determined to have satisfied ANCSA's village eligibility requirements in a final and unchallenged determination made by the Secretary. The district court deferred ruling on the ANILCA Section 1427 issue, and instead remanded it to the IBLA for its initial determination, along with its re- determination of Leisnoi's eligibility. On remand, the IBLA determined that Leisnoi was not, in fact, qualified for eligibility under ANCSA as a Native village. The IBLA also determined that ANILCA Section 1427 had not ratified Leisnoi's status as an eligible Native village, or mooted the Petitioner's action. After invoking personal authority to reconsider the IBLA's decision, the 1 ANCSA divided the state of Alaska into twelve "regions." 43 U.S.C. § 1606(a). The region for Kodiak is known as the "Koniag region," and the name of the regional corporation is "Koniag, Inc." 4 Secretary of Interior rejected the IBLA's interpretation, and determined that Section 1427 was "best interpreted" as having "ratified" Leisnoi's eligibility and as mooting the Petitioner's challenge. The district court upheld the Secretary's interpretation of Section 1427 as reasonable, under the doctrine of Chevron U.S.A. v. Natural Resource Defense Council, 467 U.S. 837 (1984), and dismissed the Petitioner's action as moot. On appeal, the Ninth Circuit applied a de novo standard of review, but independently interpreted Section 1427 as having mooted the Petitioner's action. The Court based its interpretation on the "plain meaning" of Section 1427, and concluded that the listing of Leisnoi as a "village corporation" constituted "a Congressional determination that Leisnoi is a village corporation [that] exempts Leisnoi from having to satisfy ANCSA's eligibility requirements." Pet. App. A -20. The Court denied that its interpretation involved the partial repeal of ANCSA's village eligibility requirements, or that its interpretation was governed by the rules of statutory construction relating to repeals by implication. Pet. App. A -28. The Court also "declined" to examine the legislative history of Section 1427, finding it unnecessary "to further clarify a matter of interpretation resolved on the face of the statute." Pet. App. A -28 n. 5. A. Background 5 This is the last remaining case in a scandal that dates back 35 years, and relates to the submission of fraudulent applications on behalf of eight alleged "villages" located in the region of Kodiak, Alaska, seeking a determination of their eligibility to receive public lands and other settlement benefits under ANCSA as "Native villages." These applications were submitted in a scheme to inflate the amount of land and ANCSA benefits that Natives residing in and around the city of Kodiak stood to receive, by creating a number of phantom "villages" in and around the island of Kodiak that would each be entitled to separate grants ofANCSA lands and benefits. Various sites were selected as being the site of each "village." These included a fish processing plant, a Forest Service recreational site, and in the case of Respondent Leisnoi, Inc., a federally -owned housing complex for FAA employees and a children's summer camp. Natives residing in the city of Kodiak, and elsewhere, were solicited (and misled) into enrolling to these "villages" as the place of their permanent residence, and were then listed as being the villages' "residents." The applications were also supported by false affidavits from individuals attesting to their use of the "village" as a place where they actually lived. This scheme became a national scandal when it was investigated and reported in a series of articles by national syndicated columnist 6 Jack Anderson. It was also the subject of congressional hearings conducted by the House Subcommittee on Merchant Marine and Fisheries, chaired by Representative John Dingell. Alaska Native Claims, Hearings Before the Subcomm. On Fisheries and Wildlife Conservation and the Environment of the Comm. On Merchant Marine and Fisheries, 93d Cong., 2d Sess. (1975). All eight of these alleged villages had been initially investigated and determined by the BIA to be qualified for eligibility under ANCSA as "Native villages." In accordance with the Secretary's regulations, the BIA's initial determinations of eligibility for seven of the eight villages were 2 These included the following articles: 1) Jack Anderson, Land -Grab Scheme Bared in Alaska, WASHINGTON POST, Feb. 21, 1979; 2) Jack Anderson, Those `Phantom" Villages in Alaska, WASHINGTON POST, Feb. 22, 1979; 3) Jack Anderson, Phantom Villages Grab for Woodland, WASHINGTON POST, Feb. 23, 1979; 4) Jack Anderson, Alaska Land Grab Charged, SEATTLE POST INTELLIGENCER, Feb. 23, 1979; 5) Jack Anderson, Man Behind Alaska Land Grab, TACOMA NEWS TRIBUNE, Feb. 23, 1979; 6) Jack Anderson, Bill Abets Alaska Land Swindle, TACOMA NEWS TRIBUNE, Feb. 23, 1979; 7) Jack Anderson, U.S. Drops Land Case Prosecution, WASHINGTON POST, Mar. 1, 1979; 8) Jack Anderson, Fraud is in the Eye of the Beholder, ANCHORAGE DAILY NEWS, Mar. 1, 1979; 9) Jack Anderson, Alaska Land Charge Reiterated, WASHINGTON POST, April 21, 1979. 7 subsequently protested and appealed by "interested parties," and following separate hearings, all seven were ultimately determined to be not qualified for eligibility as a "Native village." The eighth remaining, and unchallenged, village was Leisnoi. Unlike the other seven alleged villages, the BIA's initial determination of Leisnoi's eligibility had not been similarly protested in the administrative proceedings, and was allowed to become final when it was adopted and approved by the Secretary. Following the approval of its eligibility, Leisnoi became entitled under ANCSA to the conveyance of 115,200 acres of public lands, based on the number of persons who had enrolled to it as the place of their permanent residence. 1. ANCSA's village eligibility provisions. Congress enacted ANCSA in 1971 to settle the aboriginal land claims of the Alaskan Natives. 43 U.S.C. § 1603. In exchange for the extinction of all claims of aboriginal title, Alaskan Natives were to receive approximately forty -four million acres of land and nearly $1 billion in federal funds. Among other things, ANCSA provided for the direct distribution of lands and benefits to qualified "Native villages," which were to be incorporated as Native "village corporations." ANCSA specified the 3 "Leisnoi, Inc." is the name of the village corporation that was formed for the "Village of Woody Island," which was the name of the alleged "Native village." 8 criteria for determining whether an entity qualified for eligibility as a "Native village," and required the Secretary to make individual findings, for each Native village, that it satisfied the criteria for eligibility. 43 U.S.C. 1602(c), 1610(b). Section 11(b)(1) of ANCSA listed a number of villages that were presumptively eligible as Native villages ( "listed villages "), subject to the subsequent determination of their eligibility by the Secretary. 43 U.S.C. 1610(b)(1). Villages that were not listed in Section 11(b)(1) ( "unlisted villages ") could apply to the Secretary for certification of their eligibility pursuant to subsection 11(b)(3), provided they satisfied the criteria for eligibility. 43 U.S.C. § 1610(b)(3). The Secretary adopted regulations to establish the procedure for determining the eligibility of unlisted villages. 43 CFR 2651.2(a)(6). The regulations provided for the filing of an application on behalf of an unlisted village with the Director of the Juneau Area Office of the Bureau of Indian Affairs (the `BIA Area Director "). 43 CFR 2651.2(a)(6). The BIA Area Director was to investigate the application and make an initial determination of the village's eligibility. 43 CFR 2651.2(a)(8). His decision was to be published in the Federal Register and one or more newspapers of general circulations. "Interested parties" could protest his decision within 30 days from the date of publication. 43 CFR 2651.2(a)(9). If no protest was received, his determination was to become final, and his decision and the record certified to the 9 Secretary. 43 CFR 2651.2(a)(6). If a protest was received, the BIA Area Director was to review the protest and supporting evidence, and make a new determination of the village's eligibility. 43 CFR 2651.2(a)(4) & (a)(10). His decision was to be published, and become final unless appealed to the IBLA within 30 days of the date of publication. Id. ANCSA directed the Secretary to make all village eligibility determinations "within two and one -half years" from the date of ANCSA's enactment (December 18, 1971). 43 U.S.C. § 1610(b)(2) & (b)(3). However, on June 10, 1974, the Secretary issued Secretarial Order No. 2965, which concluded that this deadline was directory rather than mandatory, and directed the Department to continue its adjudication of all pending village eligibility appeals. Pet. App. F. The order recited that "it has been decided to provide an opportunity for a full hearing to all parties in all disputes now or hereafter pending before the Alaska Native Claims Appeals Board concerning Native Village eligibility," and that "[t)his decision has been made in order to provide all parties due process of law and in order to develop a complete record so that the final secretarial determination of Native Village eligibility will be as correct, fair and just as possible." Id. The order stated that it superseded any inconsistent provisions in the Department's regulations. Id. On December 2, 1980, Congress amended ANCSA to establish a two -year statute of limitations for bringing actions for judicial review of 10 the decisions made by the Secretary under ANCSA. 43 U.S.C. § 1632. The statute required such actions to be brought "within two years after the day the Secretary's decision becomes final or December 2, 1980, whichever is later." Id. 2. Petitioner's action against the Secretary. The Secretary adopted and approved the BIA Area Director's initial determination of Leisnoi's eligibility, and certified Leisnoi as an eligible Native village, on September 9, 1974. After learning that an application for an alleged Native village on Woody Island had been submitted and approved by the Secretary, a group of concerned citizens in Kodiak formed an ad hoc "Citizens Action Group" to challenge the determination of Leisnoi's eligibility. On June 2, 1976, they filed action against the Secretary to set aside his determination of Leisnoi's eligibility, and to enjoin the conveyance of any public lands or other ANCSA benefits to Leisnoi. The district court dismissed the action for failure of the plaintiffs to exhaust their administrative remedies, and for lack of standing. On appeal, the Ninth Circuit upheld the dismissal as to all but two of the plaintiffs. The court excused the Petitioner and another plaintiff for their failure to exhaust because they were cattle ranchers who had held federal grazing leases on lands subject to selection and conveyance to Leisnoi, and had been entitled to actual notice of the Department's proceedings regarding Leisnoi's application for eligibility. Stratman v. Watt, 656 F.2d 1321, 1325- 1326 (9 Cir.1981), cert. dismissed, 456 U.S. 901 1 1 (1982). In 1982, following the issuance of the Ninth Circuit's decision in Watt, the parties entered into a settlement agreement under which the action was voluntarily dismissed. However, the action was subsequently re- opened in 1995, following Leisnoi's repudiation of the settlement agreement. On September 13, 1995, the district court entered an order remanding the case to the IBLA to conduct a new evidentiary hearing to re- determine Leisnoi's eligibility. The district court also remanded to the IBLA, for its initial determination, the issue of whether ANILCA Section 1427 had ratified Leisnoi's status as an eligible Native village and mooted the Petitioner's challenge. The court stated that "[t)his is a difficult question that should be decided in the first instance by the agency." 3. ANILCA Section 1427 The Alaska National Interest Lands Conservation Act ( ANILCA) was enacted by Congress on December 2, 1980. Pub.L.No. 96 -487, 94 Stat. 2371. Section 1427 is contained in Title XIV of ANILCA, entitled "Amendments to the Alaska Native Claims Settlement Act and Related Provisions." 94 Stat. 2518. The primary purpose of Section 1427 was to amend ANCSA's land selection and entitlement provisions, to provide for the exchange and substitution of "deficiency lands" that had been withdrawn on the Alaska Peninsula for selection by Native village corporations in the Koniag region under ANCSA's original land selection and entitlement provisions, for other specified lands on Afognak Island. Section 1427(a)(4) listed the 12 Native village corporations that were subject to the land exchange, which were defined as "Koniag deficiency village corporations," and which included Leisnoi. A second purpose of Section 1427 was to settle the village eligibility litigation that had been brought against the Secretary by the seven alleged "villages" in the Kodiak region that had been determined to be ineligible. Following the determinations of their ineligibility, the "villages" brought suit against the Secretary to overturn their eligibility determinations. See Koniag, Inc. v. Kleppe, 405 F.Supp. 1360 (D.D.C.1975), affd in part and rev'd in part, 580 F.2d 601 (D.C.Cir. 1978), cert denied, 439 U.S. 1052 (1978). The Court of Appeals ultimately vacated the Secretary's determinations of their ineligibility, and remanded their cases back to the Secretary to re- determine their eligibility, due to perceived intervention in the original administrative proceedings by Congressman John Dingell, who chaired the Congressional subcommittee that had investigated the alleged villages' applications for eligibility.' Koniag, Inc. v. 4 The district court noted that the Committee had been extremely critical of the DOI's investigation and procedures for determining the villages' eligibility, and that Chairman Dingell made a "strenuous effort . . . to encourage protest and appeals" of the BIA Director's initial determinations of their eligibility. Koniag, Inc. v. Kleppe, 405 F.Supp. at 1371 -72. 13 Andrus, 580 F.2d at 610 -11. Section 1427 settled this litigation by according the seven alleged villages limited eligibility status in return for their acceptance of a small fraction of the land to which they would have otherwise been entitled under ANCSA. Section 1427(e) provided that each of the seven uncertified villages "shall be deemed an eligible village under the Alaska Native Claims Settlement Act," and become entitled to a fractional share of the exchanged lands on Afognak Island, provided they filed a release with the Secretary "from all claim" to any lands or benefits under ANCSA. Id. The legislative history of Section 1427 reveals that it was drafted by counsel for Koniag, Inc., Ed Weinberg, following negotiations between Koniag and the DOI. Pet. App. G -1; G -5. Mr. Weinberg served as counsel for the seven uncertified villages in their litigation against the Secretary in Koniag, Inc. v. Kleppe. At the time, Mr. Weinberg was also serving as counsel for Leisnoi in the Petitioner's action against the Secretary for review of his determination of Leisnoi's eligibility. At that point, however, the Petitioner's action had been dismissed by the district court, and was on appeal to the Ninth Circuit, in the period prior to the issuance of the Ninth Circuit's decision vacating the district court's judgment of dismissal, in Stratman v. Watt, 656 F.2d 1321 (9 Cir. 1981). Mr. Weinberg prepared a Statement and a section -by- section analysis of Section 1427, denominated as "the Koniag Amendment," which he presented to 14 Congress in hearings before the House Committee on Interior and Insular Affairs. Pet. App. G. His section -by- section analysis was adopted verbatim, and appears in the official legislative history in the Senate Report issued on H.R. 39 (ANILCA) by the Senate Committee on Energy and Natural Resources.' Mr. Weinberg's prepared statement addressed the two primary purposes of the Koniag Amendment. First, it explained that the amendment would solve the problem of the lack of sufficient lands in the Kodiak area to satisfy the land entitlements for the Koniag villages and regional corporation. Pet. App. G -2 to G -3. Secondly, the statement explained that "[a] second element of Koniag's land problem is the village eligibility litigation ... ", and declared that " fsJeven Koniag villages are involved." Pet. App. G -3 (emphasis added). The statement concluded that the Amendment would "resolve, in a mutually satisfactory manner, a long standing dispute concerning the eligibility of seven Koniag villages for benefits under the Alaska Native Claims Settlement Act in a manner which imposes no substantial additional land burden upon the United States." Pet. App. G -9 (emphasis added). 5 Senate Comm. On Energy And Natural Resources, Alaska National Interest Lands Conservation Act, S. Rep. No. 96 -413, 96 Cong., 2d Sess. 323 -326 (1980), reprinted in 1980 U.S.C.C.A.N. 5267 -5270. 15 The statement and section -by- section analysis prepared by Mr. Weinberg never advised Congress that Leisnoi was also involved in "village eligibility litigation," and that the Secretary's determination of its eligibility had been challenged, and was the subject of a pending action for judicial review. This fact was never disclosed by Mr. Weinberg, ostensibly because he believed that the district court's judgment of dismissal of the Petitioner's action would be ultimately upheld on appeal by the Ninth Circuit. Instead, Leisnoi was simply listed as one of the villages subject to the Amendment's land exchange provisions, along with the other villages in the Koniag region whose eligibility had not been challenged, and that had already been determined to be eligible in final decisions made under ANCSA. B. The remanded agency proceedings 1. The IBLA's decision. On remand from the district court, the IBLA referred the matter to the Hearings Division, to conduct an evidentiary hearing to determine whether Leisnoi satisfied ANCSA's criteria for eligibility as an unlisted Native village. The case was assigned to Administrative Law Judge Harvey C. Sweitzer, who presided over a two -week hearing in the cities of Anchorage and Kodiak, Alaska in August 1998. On October 13, 1999, Judge Sweitzer issued a 100 -page Recommended Decision finding that Leisnoi did not satisfy ANCSA's criteria for eligibility as an unlisted Native village, and recommending that 16 Leisnoi be certified as not eligible for ANCSA benefits.' Pet. App. E. Among other things, the evidence adduced at the hearing showed that the sameBJA investigator who had investigated Leisnoi's application for eligibility had also investigated the other seven alleged villages in the Koniag region, and had similarly recommended that they be found to be eligible. The ALJ found that the BIA's investigation of Leisnoi's application had been "cursory," and that the BIA investigator's report was "misleading" and "of little probative value." Pet. App. E -69 to E -70. The ALJ found that the investigator had improperly attributed FAA buildings, facilities, and non - Native employees as being the facilities and residents of the alleged "village." Pet. App. E -66 to E -70. The ALJ also found that the affidavits that had been submitted in support of Leisnoi's application for eligibility were "misleading or false," that "nearly all of the Natives k 6 The ALJ found that Leisnoi failed to satisfy the statutory and regulatory criteria for village eligibility, in that: 1) Leisnoi did not have 25 or more Native residents on April 1, 1970; 2) Leisnoi was not an established Native village on April 1, 1970 and did not have an identifiable physical location evidenced by occupancy consistent with the Natives' own cultural patterns and life - style; and 3) less than 13 of the Natives enrolled to Leisnoi used the alleged village during 1970 as a place where they actually lived for a period of time. Pet. App. E -232 to E -233. 17 enrolled to Woody Island were not residents in 1970." Pet. App. E -70. The ALJ concluded that, on April 1, 1970, "the island lacked a Native village." Id. On October 29, 2002, the IBLA issued a published decision, which adopted the ALJ's recommended decision.' 157 I.B.L.A. 302 (2002); Pet. App. D. The IBLA's decision also addressed the remanded issue of whether ANILCA Section 1427 had ratified Leisnoi's status as an eligible Native village and mooted the Petitioner's challenge. The IBLA determined that Section 1427 had not ratified Leisnoi's eligibility, or mooted the Petitioner's action. The IBLA concluded that the listing of Leisnoi as a "village corporation" in Section 1427(a)(4) and its entitlement to lands on Afognak Island "was not a ratification of its eligibility as a Native village." Pet. App. D -29. The IBLA noted that, at the time Congress enacted Section 1427, Leisnoi's status as an eligible Native village had already been established by a "final decision by the Secretary of the Interior that Woody Island, in fact, satisfied the ANCSA requirements 7 IBLA noted that the ALJ's decision constituted a comprehensive and exhaustive analysis of the evidence, which included "over 3,600 pages of transcript of the testimony of over 40 witnesses; depositions, affidavits, and interviews from over 50 witnesses; over 600 exhibits, totaling thousands of pages, and over a thousand pages of post - hearing briefing." Pet. App. D -42. 18 for status as a Native village," and concluded that the listing of Leisnoi in Section 1427(a)(4) "was merely reflective of that status." Id. The IBLA further noted that, at the time, the Petitioner's action had been dismissed by the district court, and that the Secretary's determination of Leisnoi's eligibility "was in effect, and not the subject of an immediate judicial challenge." Id. The IBLA stated that its conclusion that "it was not the intention of Congress to moot any lawsuit regarding Leisnoi's eligibility" by listing Leisnoi in Section 1427(a)(4) was "reinforced by the fact that in the same section Congress expressly provided for the resolution of disputes concerning the status of seven unlisted villages by declaring them each to be `deemed an eligible village under the Alaska Native Claims Settlement Act.' ... It could have done the same for Leisnoi, but it did not." Pet. App. D -30. 2. The Secretary's decision. Following the issuance of the IBLA's decision, Leisnoi sent a request to the Secretary to personally assume jurisdiction and reconsider and reverse the IBLA's decision. Although the matter had been remanded specifically to the IBLA, the district court stayed any further judicial proceedings until after the Secretary acted on Leisnoi's request. Four years later, on December 20, 2006, the Secretary issued a single- sentence decision that adopted the analysis and conclusions of a memorandum prepared by the Office of the Solicitor, authored by Deputy Solicitor Lawrence J. Jensen. Pet. App. C -2; C -4. In his memorandum, the Deputy Solicitor rejected the 19 IBLA's analysis, and concluded that ANILCA Section 1427 had ratified Leisnoi's eligibility and mooted the Petitioner's action. The Deputy Solicitor acknowledged that it was unclear whether Section 1427 had been intended to ratify Leisnoi's status and moot the Petitioner's action, and although it could be read either way, he concluded that the "better reading" of Section 1427 was to interpret it as having ratified Leisnoi's status and as mooting the Petitioner's challenge. Pet. App. C- 26. The Deputy Solicitor reasoned that this construction of Section 1427 furthered its ostensible purpose, which was "to settle with finality and `as soon as practicable' the land entitlements of Koniag Regional Corporation and its villages ... ". Id. In view of this purpose, he stated that it is "reasonable to conclude that Congress intended to resolve all of the uncertainties and did not intend to leave the parties at risk of having their entitlements upset by a judicial resolution of Stratman's challenge to Leisnoi's eligibility." Pet. App. C -19 to C -20. The Deputy Solicitor concluded that "Heading section 1427 as a whole, and in the absence of any clear evidence to the contrary, I conclude that the language in subsections (b)(1) and (a)(2) is best read as ratifying the Secretary's eligibility determination with respect to Leisnoi." Pet. App. C -27. C. The district court proceedings On September 26, 2007, the district court issued a decision upholding the Secretary's interpretation 20 of Section 1427, and dismissing the Petitioner's action as moot. Pet. App. B. The court held that the Secretary's interpretation of Section 1427 was entitled to Chevron deference. Pet. App. B -11 to B- 17. The court found that Section 1427 was "ambiguous" as to whether Congress intended to ratify Leisnoi's eligibility, and that the Secretary's interpretation was "reasonable." Pet. App. B -14 to B -15. The court agreed with the Secretary's analysis and conclusion that ratification of Leisnoi's eligibility furthered Section 1427's purpose "of settling Koniag's land entitlement quickly and permanently." Pet. App. B -16. The court held that Section 1427 mooted the Petitioner's action, concluding that, by enacting Section 1427, "Congress effectively decided to overlook any doubts as to Leisnoi's eligibility or shortcomings in the Secretary's 1974 determination in order to settle the land selection process in the Koniag region with finality." Pet. App. B -17. D. The Ninth Circuit's decision On appeal, the Ninth Circuit applied a de novo standard of review, but independently interpreted Section 1427 as having "ratified" the Secretary's determination of Leisnoi's eligibility, and as mooting the Petitioner's action. Pet. App. A. The Court based its interpretation on the "plain language" of Section 1427, and applied the rule of statutory construction that a statute must be construed in accordance with its "plain and 21 unambiguous meaning." Pet. App. A -15 to A -16; A- 22 to A -23. The Court concluded that under its plain language, the listing of Leisnoi as a "village corporation" in Section 1427(a), and the declaration that Leisnoi was "entitled" to deficiency lands, demonstrated that Congress intended "to treat Leisnoi as an eligible village corporation under ANCSA." Pet. App. A -17. The Court concluded that the plain meaning of Section 1427 also "exempted" Leisnoi from ANCSA's village eligibility requirements, stating that "a Congressional determination that Leisnoi is a village corporation exempts Leisnoi from having to satisfy ANCSA's eligibility requirements." Pet. App. A -20. The Court stated that its construction of Section 1427 was also supported by the purpose of Section 1427, which, it stated, was "to facilitate and expedite the conveyance of federal lands within the State to ... Alaska Natives under ANCSA." Pet. App. A -21 to A -22. The Court reasoned that "[t]he desire to facilitate a rapid land allocation supports the view that Congress intended to include Leisnoi as an eligible native village corporation, rather than leave its status uncertain." Pet. App. A -22. The Court rejected the Petitioner's contention that its interpretation of Section 1427 was governed by the canons of statutory construction regarding repeals by implication. In concluding that Section 1427 had "ratified" the Secretary's determination of Leisnoi's eligibility, the Court summarily concluded, in a footnote, that "[t]he foregoing analysis leads us to reject Stratman's contention that in order to 22 conclude that ANCSA's eligibility requirements do not apply to Leisnoi, we must find that § 1427 repealed the relevant eligibility and enforcement provisions of ANCSA." Pet. App. A -28 n. 5. The Court also "declined" to examine the legislative history of Section 1427, finding that its meaning was sufficiently "clear" from its plain language, stating that "[w]e decline to wade into § 1427's unhelpful legislative history to further clarify a matter of interpretation resolved on the face of the statute." Pet. App. A -22. REASONS FOR GRANTING THE PETITION I. The Ninth Circuit's Decision Invalidated An Act Of Congress In interpreting Section 1427 as having exempted Leisnoi from having to satisfy ANCSA's village eligibility requirements, the Ninth Circuit effectively invalidated ANCSA's village eligibility provisions as they applied to Leisnoi. Although the Ninth Circuit disagreed that its interpretation involved the repeal by implication of ANCSA's village eligibility provisions as to Leisnoi, its conclusion that Section 1427 "exempted" Leisnoi from having to satisfy ANCSA's village eligibility requirements, and mooted the Petitioner's action, was necessarily based on an implicit determination that these provisions had been repealed by implication. The fact that the Ninth Circuit's interpretation 23 invalidated ANCSA's village eligibility provisions without having analyzed and determined whether Congress had intended their repeal, raises a substantive issue of statutory construction. In enacting ANCSA's village eligibility provisions, Congress clearly manifested its intent and will that Leisnoi be required to satisfy ANCSA's statutory criteria for eligibility as a Native village, that the Secretary make specific findings to this effect, and that the Secretary's determination be subject to an action for judicial review to insure its correctness. To invalidate these provisions without finding that Congress had intended their repeal thwarts Congress' manifest will, and abrogates the policies it chose to establish in the invalidated provisions. In this respect, the Ninth Circuit's decision is the same as if it had invalidated these provisions on the ground they were unconstitutional. The fact that the invalidated provisions relate to a substantive enactment by Congress, involving the exercise of its plenary and exclusive authority to both regulate Indian affairs and dispose of the nation's public lands, provides even greater reason for review of its decision. II. The Ninth Circuit's Decision Is Erroneous And Conflicts With This Court's Precedents The primary error in the Ninth Circuit's analysis and interpretation of Section 1427 was its failure to apply the canons of statutory construction relating to repeals by implication. Under this Court's precedents, a determination that a subsequent enactment has repealed the provisions of a prior existing statute by implication is subject to several well - established canons of statutory construction, including: 1) that repeals by implication are not favored, and the proponent of a determination of repeal by implication "bears a heavy burden of persuasion; " 2) when two statutes are capable of co- existence, it is the duty of the courts to regard each as effective, absent a clearly expressed congressional intention to the contrary;' 3) a congressional intent to repeal must be "clear and manifest;s 4) in the absence of a clear and manifest intent to repeal, the provisions of both statutes must be given effect unless they are in "irreconcilable conflict," in the sense that there is a "positive repugnancy between them or that they cannot mutually coexist;s and 5) repeal is to be regarded as implied "only if necessary to make the later enacted law work, and even then only to the (1966). 10 Id. 24 8 Amen v. United States, 384 U.S. 158, 165 -166, 9 Morton v. Mancan, 417 U.S. 535, 549 -551 (1974). 11 Radzanower v. Touche Ross & Co., 426 U.S. 148, 155 -155, (1976). 12 Id. 25 minimum extent necessary. )/12 The Ninth Circuit denied that its interpretation of Section 1427 involved the repeal of ANCSA's village eligibility provisions as to Leisnoi. Pet. App. A -28 n. 5. However, its conclusion that Section 1427 mooted the Petitioner's action was necessarily based on an implicit determination that these provisions had been repealed by implication. Because these provisions provided the statutory grounds for the Petitioner's action for review of the Secretary's determination of Leisnoi's eligibility, their modification or repeal was necessary in order to "moot" his action. Robertson v. Seattle Audubon Soc., 503 U.S. 429, 438 -441 (1992); Friends of the Earth v. Weinberger, 562 F.Supp. 265, 271 -272 (D.D.C. 1983). This implicit determination is also reflected in the court's own analysis. The court concluded that Section 1427 ratified Leisnoi's eligibility and "exempt[ed} Leisnoi from having to satisfy ANCSA's village eligibility requirements." Pet. App. A -20. To "exempt" is to partly repeal. Because the Ninth Circuit's interpretation rested on an implicit determination that Section 1427 repealed ANCSA's village eligibility provisions as to Leisnoi, its interpretation was governed, under this Court's precedents, by the canons of statutory construction relating to repeals by implication. Rodriquez v. U.S., 480 U.S. 522, 523 -524 (1987); 26 U.S. v. United Continental Tuna Corp., 425 U.S. 164, 166 -169 (1976). The Ninth Circuit erred in determining that Section 1427 "exempted" Leisnoi from ANCSA's village eligibility requirements, based on its "plain language." The court found that the plain language of Section 1427, listing Leisnoi as a "village corporation," demonstrated a congressional intent "to treat Leisnoi as an eligible village corporation under ANCSA." Pet. App. A -16. From this, the court extrapolated a broader congressional intent to "exempt Leisnoi from having to satisfy ANCSA's village eligibility requirements." Pet. App. A -20. However, the court's finding that Section 1427 "treat[ed] Leisnoi as an eligible village corporation" should have been the beginning of the court's analysis, not the end. The plain language of Section 1427 demonstrated only that there was an apparent inconsistency between Section 1427 and ANCSA's prior village eligibility provisions. In order to find that Section 1427 repealed ANCSA's village eligibility provisions as to Leisnoi, the court was required to examine and determine whether there was either a "clear and manifest" Congressional intent to repeal, or whether the provisions of Section 1427 were in "irreconcilable conflict" with ANCSA's village eligibility provisions. Radzanower, 426 U.S. at 154 -155. In the absence of such a determination, the court had the duty to regard ANCSA's village eligibility provisions as fully effective as to Leisnoi. Id. 27 In this case, there was no "clear and manifest" intent to repeal ANCSA's village eligibility provisions as to Leisnoi. Although the language of Section 1427 may have "treat[ed] Leisnoi as an eligible village corporation," as was found by the Ninth Circuit, this does not itself demonstrate a "clear and manifest" intent to repeal ANCSA's village eligibility provisions as to Leisnoi. The issue, never examined by the Ninth Circuit, is whether Congress, by treating Leisnoi as an eligible village corporation in Section 1427, intended to "exempt" Leisnoi from ANCSA's village eligibility requirements (and thereby partly repeal them as to Leisnoi). The legislative history of Section 1427, which the Ninth Circuit refused to consider, shows that Congress had been unaware of the fact that the Secretary's determination of Leisnoi's eligibility had been challenged by the Petitioner, and was the subject of a pending action for judicial review. It shows that Congress enacted Section 1427's provisions under the mistaken belief that the Secretary's determination of Leisnoi's eligibility had already become final, and that ANCSA's village eligibility requirements had already been determined to have been satisfied by Leisnoi. If 13 At the time it enacted Section 1427, the Secretary's determination of Leisnoi's eligibility was final, as to everyone except the Petitioner, who was excused for his failure to challenge the Secretary's otherwise final determination of Leisnoi's eligibility in the original 28 Congress mistakenly believed that Leisnoi had already satisfied ANCSA's village eligibility requirements, including the making of a final determination of its eligibility by the Secretary, then it could not have intended to "exempt" Leisnoi or partly repeal these provisions when it enacted Section 1427 and "treat[ed] Leisnoi as an eligible village corporation." If anything, it demonstrates just the opposite— that Congress intended, and believed, that ANCSA's village eligibility provisions had already been applied to and satisfied by Leisnoi. Nor was there an "irreconcilable conflict" between Section 1427's provisions and ANCSA's village eligibility provisions. Section 1427 simply amended ANCSA's original land selection and entitlement provisions with respect to the Koniag region villages, to exchange the "deficiency" lands that.been withdrawn for their selection and conveyance on the Alaskan Peninsula, for other lands located on Afognak Island. These amended land selection and entitlement provisions are not in "irreconcilable conflict" with ANCSA's village eligibility provisions, just as ANCSA's original land selection and entitlement provisions were not in irreconcilable conflict with them. The Ninth Circuit acknowledged that effect could be given to both administrative proceedings, due to the DOI's failure to provide him with actual notice of the proceedings. Stratman v. Watt, 656 F.2d 1321, 1325 (9 Cir. 1981). 29 Section 1427 and ANCSA's village eligibility provisions but denied that it was required to do so. Pet. App. A -17 to A -18. The Ninth Circuit also erred in inferring a congressional intent to "exempt" Leisnoi from ANCSA's village eligibility provisions, based on the perceived "purpose" of Section 1427. The court concluded that its construction of Section 1427 was supported by its purpose, which the court stated was to "facilitate a rapid land allocation" under ANCSA. Pet. App. A -22. However, the court failed to consider the competing purposes of ANCSA's village eligibility and judicial review provisions, which elevated the interests of ensuring the correctness of the Secretary's eligibility determinations, and enforcing ANCSA's eligibility requirements, over the interests of "rapidity" and "finality," in order to "assure that grants of public lands would be made only to eligible Native groups." .Koniag, Inc. v. Andrus, 580 F.2d at 610- 11. As this Court has held, in determining whether one statute has repealed a prior statute by implication, it is not the province of the courts to choose between competing legislative choices, and it is "impermissible" for the court to determine that the purpose of the subsequent enactment will be best served by repealing the provisions of the prior statute. Rodriguez v. US., 480 U.S. 522, 523 -526 (1987). 30 III. The Ninth Circuit's Decision Abrogated Important Policies Established By Congress In The Exercise Of Its Plenary And Exclusive Authority To Regulate Indian Affairs And Dispose Of Public Lands In addition to substantive issues of statutory construction involving the invalidation of a prior congressional enactment, the enactment that was invalidated by the Ninth Circuit in this case also involves important policies that were adopted by Congress in the exercise of its plenary and exclusive authority to regulate Indian affairs and dispose of the nation's public lands. This Court has described Congress' constitutional power to legislate matters relating to Indian affairs as "plenary and exclusive." U.S. v. Lars, 541 U.S. 193, 200 (2004). This Court has also held that Congress' power to dispose of the public lands entrusted to it is "without limitations;" and that "it is not for the courts to say how that trust shall be administered. That is for Congress to determine." U.S. v. San Francisco, 310 U.S. 16, 29 -30 (1940). ANCSA involved the exercise of both of these powers. ANCSA's village eligibility requirements go to the heart of the policy adopted by Congress for managing Indian affairs in Alaska. Congress imposed ANCSA's village eligibility requirements, and mandated that the Secretary make a specific finding of their satisfaction, subject to an action for judicial review, as a strict condition precedent to 31 the recognition of an entity's status as an aboriginal village entitled to receive ANCSA settlement benefits. Satisfaction of these requirements was required in order to be recognized by Congress as an aboriginal village having an aboriginal claim for which settlement was being made. Satisfaction of these requirements was also made an express condition precedent to the conveyance of public lands to such entities. 43 U.S.C. § 1613(a). In view of the integral importance of these requirements to the policies adopted by Congress in its management of Indian affairs and public lands in the state of Alaska, their invalidation by the Ninth Circuit is a serious action that warrants review by this Court. IV. Review Of The Ninth Circuit's Decision Will Prevent The Commission Of A Fraud On The United States The Ninth Circuit's decision effectively ends the last possible challenge to Leisnoi's certification as an eligible Native village, in spite of the fact that Leisnoi has now been determined by the IBLA to not have been qualified for eligibility under ANCSA, and that it obtained its certification as an eligible Native village on the basis of a fraudulent application for eligibility. The IBLA's findings remain undisturbed, by either the courts or the Secretary's decision on reconsideration of the IBLA's decision. However, because the district court never vacated the Secretary's original 32 determination of Leisnoi's eligibility when it remanded the case to the IBLA to re- determine Leisnoi's eligibility, the Secretary's original 1974 determination of Leisnoi's eligibility still remains in effect— and it will remain in effect forever unless it is vacated in this case. Consequently, the practical and legal effect of the Ninth Circuit's decision, if it is allowed to stand, is to forever insulate the Secretary's determination of Leisnoi's eligibility from challenge and invalidation, and to forever vest title and possession in Leisnoi to the public lands that the IBLA has now determined Leisnoi wrongfully obtained under ANCSA. The Ninth Circuit's decision will have a significant impact on the residents of Kodiak. Leisnoi has thus far received over 75 square miles of formerly public lands on and around the Island of Kodiak. Much of this land is located on the outskirts of the city of Kodiak, the seventh largest city, by population, in the state of Alaska. Because the site of the alleged village, on the island of Woody Island, lies only one mile off the coast from the city of Kodiak, Leisnoi was entitled to select, and ultimately received, formerly public lands located on the outskirts of the city of Kodiak, as well as lands located along Kodiak's sole coastal roadway, which leads from the city of Kodiak and runs south along the eastern side of the island to Cape Chiniak, where Leisnoi also holds lands. These formerly public lands had long been used by the residents of Kodiak for recreational purposes, and for subsistence hunting and fishing, as well as 33 for access to other lands located in the Island's interior. Since receiving these lands, Leisnoi has restricted their access, and no longer allows Kodiak's residents or visitors to access or use them without obtaining a special permit. These restrictions have caused a significant disruption to the use of these lands, and have become a source of conflict between Leisnoi and the residents of Kodiak, including both non - Native residents and Native residents who are not Leisnoi shareholders. See Eric Wander, Leisnoi Enforcing Land-Use Policies, The Kodiak Daily Mirror, Sept. 4, 2008. Review by this Court will prevent the commission of a fraud on the United States, and will restore to the public domain the lands that Leisnoi wrongfully obtained. It will also effectuate the policies established Congress in accordance with its manifest intent.' 14 www. kodiakdailymirror .com/ ?pid =19 &id =6625. 15 It should be noted that the invalidation of Leisnoi's certification as an eligible Native village would not result in the disenfranchisement of the Natives who were enrolled to it, or who are its current shareholders. Under the procedure adopted by Congress for this very contingency, they would simply be re- enrolled to, and become shareholders of, other existing village and/or regional Native corporations, according to their (or their ancestor's) actual place of residence on April 1, 1970. See Section 1(c) of the Act of Jan. 2, 1976, P.L. 92 -204, 89 Stat. 1145; Pet. App. H -26 to H -27. 34 CONCLUSION The petition for a writ of certiorari should be granted. January 2009 Respectfully submitted, MICHAEL J. SCHNEIDER Counsel of Record ERIC R. COSSMAN LAW OFFICES OF MICHAEL J. SCHNEIDER, P.C. 880 N Street, Suite 202 Anchorage, AK 99501 (907) 277 -9306 Counsel for Petitioner Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 kLajktiVEg / MO ki :II &a 14Z LICGGC, At HALE/ 2 I `/L L lZ C Abo , "fir 3 1 All III 1 A 4,.'.gil l 4 I1 Aliso _oQ/ASZ4 JJ1c : . ` 1 o . v S C /CA G,vr 14 JGEy `rbot . l 4O c 5 ` 1 G- ■ V 6 Qc,l-- vUc a -�J IIZ C� 0 c i ec c kf katc ∎ -cl• e "4-11 / /urn A -3 G ` 8 C41 31 v Z 1 G d I", 456 10 0\15 C. 2.c. 11 ...)() (.4 h' h -t / (3 )--1 0 J 4--c r a 5 _ d 12 . -14--t L f e.-14 24 94,x./ . p — 1 qc 4 - DC 1 - 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Sig at re Address 2 s-4.2--/ A`./del /..>-), 7 facer ./o, 5/ ,4 43 3 1 / S 3 ' ` C �/ J' / V — / g13 L j n /th i- ✓U j korii ic,. '( .v 7 /f f ., 01c _.. .e ' ,•• , ,::‘ 6; ./1:461g.di-- . � n � 6 40s •d S 11 --�� ; � 1 f 1 c,,,,. P i l. n s � - -n ti-,t- e v i ' c eL - - 6110,ha c, /5/5 L r .ae ,�/ 8 no _ 0 JtleteR l .. 9 k t 0 `3c?Z0 wL+■itr-,n_t_, 10 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 T, /fts 0 k, z p,-u r3 Cie-n. 4 -,f—,_ _,,, ; _ k _ 2 7- L.oc k.J 1 a7 1 5 CrimA i pit - „dor sr 3 �^ (-Li'VY t � ! / (A, �� 1 1) Pc 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman`s petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 44pt e. 1._ y j A) -ifov ,52 2 Th N rJ A 3. c, .i f J ' .�- -�_ ---�]T PG' ' Ise x ff S' 3 ,��r c & , Ve L .H d &- C c s 4 :TANS P2( 1) 64. I .5 % 9 6/5 $ c 1-‘ dot iv( sa --czf ?8}l l&- F,(-- r 6 4' lit i_ n '11'_"_, d • 10 11 12 13 14 15 2b 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman`s petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name ( Signature 1 Address 1 - la 9 q I I C -- ._ a(DS5 Tarty fj Li" 14 o, cm is-- (e—' - tt&Lt 2 Jcl Azyjk9 JJ 7/17 - - G�1 � � 7 70 SA Arc �a�c• Gz Kam,bvt. r ], 3 prc,ce cA' 04 vi tat . A 3 � l-Q� I 4 Cn 1-Ct6)1 d I et ri .2 , -14,4 F. 0 . aric 2%76 5 J Ai is Toe jet et 1/s sla&■jkQ e: /deep I a k At 996is 6 1014_10. i .#i MIN=LIr AralLIMA `vx - . -4k 1 ...s • / -. - „ � l aG k r . )>",41 4-4, 7'1(25 2 �� is t Acri.e/ in kJ/ 8 + (As Pb 6,i. 'Rid 9 J / // �^ j ��7` /r.� H. J 7E j,0P 64 i1 / ■ j .5+,29 E ge.rr- sc�-F` Lei /3 kcal A L, l� `� c 7lo / 10 I 2recce /f?ei e., ( �4 r ce $.54 - 2/17 ' 401 Ae 479 11 Q c L r rlD I,u4 &'eL►1� %� 31$ct 5pr &cam Cm e¢ Q.9c.ci ILc , 1 tv_A -s14 A artk. 12 C/4/, if /,‘.9-71c_ „------------1- 13 A r, e) h G 1�w1 f iP C . IS / 6 L-q ° & yr k-xe44 icy (1-(C If6 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition f ettfollieb Printed Name Signature Address 1 r k ( dci ) 9 , Po a Ult. S s` 2 C`ti,' nm a - .?.. •+: -,►,_. Z 3 im , /,6i `0 pia 11 K -.. , ")1 . / , a- 7� . Ct ; _ ,� OE y eok Po / c X06 cf KaTf( ,. 0. 6ox c2ygFr `ace c 4 /iii (c-ee it) 5 1 0237 -Z C 12J.�`c 6 illiLt_al.A. . . l � 3 �2 -<9-41\ • g (' , / r 1 4 v vt) _ " _ 004 ' • r H IA 9 i ( y, \,M.. _ VO `QwAov 10 4 G'T,`T it,.. it pL Y.1.5 &t, „ I / 4 lei , , n,� -( 9/ i c4 /N / ) , 11 44/ /,' (. >o %rAk s _44 )1,-e-x P'Z . 12 A..0 M 144.mss 0 i i / ,,, , V aoy t 1 v 00 14 •< 13 a r /ii) / , � i /b0)( 1 iz Z-- G 4 14 �✓ f / % I / 11 s kt- %iWil U 14/1 15 1 ' i • i_ ∎ Li. if -1(-1°(‘ I i -.._ _ : .4 ,' Li K , i I\(9d tc( I 16 % � /4 /3; rein C,,rcIt_ 17 v�C�'l G�'‘4 VNM 18 cm__ ' =- •. We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition f ettfollieb Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 , / Mare-A6 e".,ek-L. q4 4 . 35 97 (U1450(1 2 C pC ii!'Vai -- - ' - 2VD7 L Vel k/ /r3R. L, nci a Vt. vt 04 c.� , .. l> /C„ d j , lbf 4 � ' _ G� /V ��S 12g 3c. S , R's' ..,.., C 5 \r 1....111 * ! ! AIU'1 � / r ' /20 `si3 MIMI, , tat /` " ' t 407 9 77-001/1) �5 j c 5 10 r ee fit A--A. ti L L-' 7.7 a j / I- ) J 11 ( C/1ll t-t1 kid V\ -144) 1c CI 7 171 GopI5 12 L Y/vir k 4 W `= 1!%` , 49 'OA 13 U 1/iA V PAY r 0, (Y kddikk, Ro 01.' 8843 3 160,- 14 -c0ce, +3 Zb, • 4 • - 1, 4 15 i(UN \ iAM 6.. (1 6 -AIM0- ot•t 1 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 Lim C 3oOck - CISOv — s f� 2 "lac 41° ?A6%.,-.K 2 7 Di' Erg i gY I Q ,.14-L 1) lira 33c/ )- Kc►n'4 3 /fi%4A /ZA_. 1 L , AiitI,Jic E Le a,G .3 D-7`1 Z I,d L 4 i(S Q I-e 1 / 325 1 i1er4' k 5 ,,, 6 '.,1- ,, i v/ / 146 ' 4411 Al - 32o cr. K. Av 7 Qo.�, ; el D,�I er 5m -_' / �� P.c. � �x Z.3 4' k�, cL 8 I ir k^ A Ir /, ?d--r, / v V 1 lite PO. (31))/ CIL 1 r 41,21 10 I 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name 1 Signature Address \ t:J $AC& _ __ • ._. _ 1 1111.� V • � . A 3 (,atylc �� 1j j.:aLa 4 ,.• M__.A _ • 8 s', ', 9Q)t/ /2fcb ' i�� - 3z4// /(i,j/ ,Bl, 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition Printed Name Signature Address 1 /1 44,6 • r `//(( i i Zit l i 2 F CAE D N /a S S /42 Qaovsk st .1 ` , l�i- 4 1vl a .."1 , (Pv ;/..117v k" , t ;Cr^, :, 5 ig-n ‘. ' / 5 e/2..)-F (it x -jse.,6‘e \-- eAl 6 z 1103 '� f /f4idk 7 8 Alf / i 0 4. Ol I 1 1 a C/ 4---- J Asp.) K 1 r /' C - 7f - fl- Nc- S r 5 tCJS 9 O»- p ,s , i . .a.— 'lit-14 on -., -c;, b 11 KO and D � S' Q � � V (� A in �� 41 ' 47g: Sr 12 -f- G.DLL /h'A- /1 t4 / / oeZ Wb, 1--.A0 , 13 (4/1/4 taPdAtikik - ' /4-14-1 ;�' - 4 n 14 i ! 3$ r i N � LA 4 it/4- � /h1_ f ,.J p 15 16 16 �v1tlll► f/ iu� 1 ` I� �LI� gymp,�..,, �/�,�/ O r� x �S �" �,"I 416 /, c ftvi l - 4 441 oT 17 lA �/�' 3 A,l �� i 'N� P Lam"`J cut) {EI.,ts �-�,/ ��`� 'may 18 , �, di J G oN ' J 1i i i ig) 1 l 0 / - We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. 1 2 3 4 5 6 7 8 9 13 Printed Name ( l ,LI .'N ' � f � ZL jA, 15 t _ l 16 Lri4.- i / eicI 4 ,- Si ature l ivs-1/4c1 pSa 0 (44:- h 4 Jc4A e f ebc - 1 .11 fi 5ii 14 LI N r 7:1 17 18 Address 1 Q1 ly d -! , ! - 01)/ roc, 3 3 /ii(�J L /<-7-(-% / 34(01 EC 6 s1 KL.�uk ity ilitibz,01, R9-4 16, 2/ .A26e, 6-?va.....e rt. prip-kr, zx a /.(_ be / ems, l T L> Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Sign ature Address 1 /fora e, kg/ 2v /4i/e ✓/96 D /WItU - 2 get � Pl nsd 1 i Gx- t,.•,__, l <A{76(b (3.. 0,r �i r 3 &610 A P. t\A∎Cte 3 Cie - i\ D • c ,I$52 kak. 4 Ulu, Rail 5Ofl. .I f: iLin. . tl►47 Vio wievi s 2, O f kai(a 5 1;4 Mie / /1M -l�h 2.te 7 /1- oiv /erne it/ et-, M.ii e Ark= 1 ; ( 7 1/ aik FV( e_ eA) ',--1(74t,t4ttik, 021 V? 7 - Mq 1d/ 41/) 1 \q l . ce,09(a4K \AI 8 9 10 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 LQ.S Tzkvv,s 1 t s 2 CO:tileAl OP. all / v o a....././.10..,. 3vogeti < �'�� . .6 '' . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name 1 Signature 1 Address 1 ` T e e LIAc11 -• - 51 Ne,a0cV Vic i. 2 C 0104_ ZAbig-M, p ‘ 0.,■;) \ # q b -24 8 T215)--,,„4- !ir .c72 2 ,S,c/4 L fr‘i01 kq A 3 C i- !BilfG L 4fbetta( / 4 17 A; /egi V- /-y./...( i f, s r5z7 M t ,-,-., 1 c/■ C J ' e/_ (f, , A, 5 -x (/ /./ -1 / ' gry l a,k Jci ;,/ /t) l , * ------ Ar4c).=.,p, � a °/,9 L� r S � � r � '�i�' E . 5 � ,,,,,t., I (f9 * N o r ,¢k4vtir 8 5UV\ ■ Ahsetato 644/14,---- 7O R - H CLCrS7' 9 t4, k )/ L', ' ., 74 3 L n 10 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name 1 Signature Address 1 - �1 , ■ o5i 12. � ' n n 99(p 5 2 3 L- r. 1. C_ c v et 4 ;e,r ..� 11 / QU Z k , r C !c k j-4-L- c q b S 4IL cm( (S-- 5 �1 �t Wo ct - AYR ) 6 7 8 9 10 I 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. le 7 1 c 72 to Ik • uw s, e 4 Cqe 1 ` roy! 7 k0 d/'v t' Ls /cr 7^0 � c a'i r .C171 Al/qS (Civ /iv P P i 7 i S u 0�- 1 o `� 0 WI a►� 5 I Q / a oh r/ c h � < 4 a 4 -c S S wp ie a ` 04 he drs 7 `� ;s�0i 7 k7 riot 9 NAcw At, A1?-74)44 P V Ilri,vvicu 1-0-ilith.L_ \I Vl; iiiti �''7L� ,N L tee 1 S )a _c f E' AligkaeraNnw Ya (\f€ ia:✓ / y ( kY; Y\ trik-j4-J- DLL � 311i9Ro"I 13 IA Kt s L6C 4 ,v4,e37ty 07c_41? YO U) Gur -61 Usc c o k 71 *140 e Gj JJ � C 0 cal) / e t, fU ` � r4 k- / A C) ik e sz ` 4 :e ret_o i n os,)L 3/i/6 P , )(- 36,q40 pc,. 373 fi, .0, ag-A- sch 1:tcPic.fr 1\AO\\)\'\At•Ai Pei/1 10 I h u d er s ed .r /i 4c(k ` r o y! ��e d /'v f �o I D r cp Q, r i Q 71 Al/(S ("C d /71 S G1 Of- T I o l 0 7-n ai^ 5 itv 4 ow �, a � Ct°1-7 0-1. s a s w ei e a /S 14 rec r)‘ - Alavvt.t.- b6Q1--* A-c_23/N) -D FN--u 0 a, (uu.e., Pdr, wtvi-150. Nvit. s ,qQ, i4i� -rte P EE. 8/4,4; b 0 Kasa � h k r7 470A1 - CAA pt S it & z b kkt� e, P &q- T e rz 3Iii Ql 7 TOO 1i1I01-A-2l 4 c iJ 1 - L _tivAt ekr '1333 t96 2e - 7ftd aa -e,/ 5 0 C /5 '0'0U f /t cpery` /) ifr,fr y► S T`� 4yj f� e d mil/ v Ief r4 Coo 7 /gy G, dke9- (441‘ (), 4):zi t.6c9A r 0 ,6) ke-dt d 4367(1 E ray ANC I l rNMOA lk C ., j C1td1k 4 l i"t" xe \\ J4-x444. iplopf r zl r . V - 0Q kF, Ai' FoRR �iou cl (TA.) tdvo bovvA L-)orYk 7 i c , 4 de /1l rcS-C Tti, NA- ikc L.69 keear /4;k4-- /►4 -`milI Lv% $ 4v1L G°V r .11/kit-el e S1 4 1 1 w ,&crt,A°6 • 1i5F t.' RD 4 404 (6' 2C( E rP-e Pa tp2-Z it /kkK x'97 6- �� sp 0 t ak- �k PO BD1C 0 god igk 0312 19613 - r6 r7,5 e. A f K�a;0 K Alc 196 t 5 . 4k 1Q6fs « od4J < , q 5 petition Ata,m4, �- S ,a_rkr\ 0 V1 dal o r , e u- k C e II' 7 0 r q fry e 7 S t p) e)w e ° Ou t wt.. iq r e Cr/i e 7f 5 C krO /1 C/A7 /r, L5- X 7-7 d LAG' e 7 C0ei q • S .fir 3 �r' � C G t _ Y el/ vas �zu LLUae.. A J je 5' L fq J /4,p/4k ,K, a 7 4 N m 'It Printed Name Signature Address IPPER Esm e&sor Cq , e i , 6 . - .. , 101111111E, .. ' .. " : ' 3.. 7 Si*AM� lirff t a .r / 1 4JI 9i' / °-2%-e, 5 8 ° r As Ge.... 9 10 11 12 . . a� . f -, � .'p MINI I.•� , .� I ildra" 2 ',�i�i.1��iti E 6M E1M - •, ►nge='�� 1 -l0 - MIPEEMIWIS 4'o :. Z1 3 14 MI 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Petition We, the undersigned citizens of. Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus 1 friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address � , - I 6D- L 6 .. , 2 i ii P / e,91, At , 3 _ . � l /q *_ ae % : . at '31 `i ,, . . 4 - #x ‘' � S � 1(� „4. 126 �6 6-0 00 3 m I le 2 (A ; ivrk t 5 1-~ w __ c1/ 6 • L r • • r •: • _ 8 FRS • 2 ! �' c i,� _ ih FAIIMINIMEOWARIARTIfir_ ?...---.41S1631/ •- O i = i .7 H o r 9 c H 14, / 404. 9 10 11 a, � 12 Irkri S Fl, ex „,,,r C' 13 r cy z,CIA1 . & - . � ��e ►. ( I 14 �� ✓ f tJ o:s- v4( F. 6, r5n). 5 5 7 / (4 n;.;¢4., i •- i, _ �r ,. \1 c O. C Kti , k . IlsodA t- 26 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus 1 friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 IJ QvifJ f 13 s. 7/6 -Mtss'a" € P , i7 z 41,4 Yourly i f Otte IiAi . Pc1 3 [ /—f_ " 6.4/4c,-- �r /' -.. PO /io -- J( 1/ 61't t,blif PO 1c. 5105 64-, vc A A 1 4 5' illMINIIIMP I t ')sse _d` 'Z, Or 5 6 A :53C‹ t\ S i cJ 9 , 7 4 -' /ar59' ey4Aveg, a ✓ r S ` , A, 4 / 4--- „Rae /2 /, a iffy t< /5`'k 10 • .r1 Ifs It ♦ . rlta ' ' , 1 k I 4 L k_ 11 R k (0, / , g6jc `t 3‘z, e� /' Y. 12 t l A k A _ r ' ,. / Pci 13 Dk( ball / i /(7O ivittOt w e biZ' 14 ' aw\ Locke • 2 1 4 1 3 A- BGf f CIr2C.Lt gga7/ 15 �} / (� ( / "� " � 6 A i f TO S° ' ,,, 'x. Qti1f�,U 16 r 1. I./ !CI 41.• to 1-`f C' IMram 17 ‘" \--/ / Ot: A RII tu., P 18 fa: ,' s, l "'' if /S` oc A. k _ Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus 1 friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition Printed Name Signature Address F uss, a.. c r edeid 3 ig f e"/ F; li Ke � 4.eR, Sr. L1 4 00 q& Ioc c- r is 5 IS O,c0AY -_ // ter z p/da k d22' 6 I Te4 1 1 b �: ,. CilkA 7 e a-C ` (J) ckt 4 PvS 5 Ai 4+ U 8 l', I) , yl5 c3-, -- ,. 'z &g s a44- 9 `....1. .y 6..J".'.r IL.. • _ 73'/ i uo rcJ G- 10 ,/. . / 06 7 1 / .«, - 114 u7c 12 / 2,4 P A4C J, 13 vt, !: Cer A�r! _. - x,10 .0 Ai(, / �A` 14 1�, AitV-�- L h:° Miffikr,,A 4-' - &' 64-1 >aJ L ira1 ( �� 0� kJ) 1 $ �� `. c /I�r IIiFi a1' J 1 3 C- S - or nS.* D om, 15 36 ` ��` t C9 �S 3CP 1\'‘ k ce41-2. � �c 17 18 F0 , _ A r �A . t ". o /7 26 Sri.' " i � /V4145e4/ l �'/ 0 - . ed We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address s„,c2 ,r.r- 6 1 L-/:N n'S 1" 2 L-_ o So 47 - N . A /CA 4 FWAIBI11. FININNII.„ ,..,___ ,i4-, i 5 r 4i- / I ✓V ' �� / e el. A7, 6 (__. ,e),,c*o r\ CI z 3 E....) \-•r, a\ V 7 6' Li-‘4-\-on L--+. pc. 12 ''3 L).)L , 1 031.A. 8 M. p41vi ii�7e. f`d / 3/3 co /per— ,� 1' /,, ■ 4 t c11/ ISIOMMENIMMIIIMININEM N Is , i -4, /75,51 c - A aa# L4 ,E _ a io 11 12 IL �/ rr � E i(% tl ,Sdv, L (O &ah fw5;io1 Cr_ U- 13 T. . ^ i' (d 11000 1c. ka V ( b. a 15 16 PAINESINVILIMMA 17 I a l / 4i∎A L•T �r y f//�. , i • & • • 18 / __ . ,� ', .. 4 �� , ,i "0, .gox i3 / Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. 4 5 7 a 9 10 11 / J3,,% Iff! Pril wow 1E111111111•111! • ,f,fltrusi REEEMEATMENBIllr MIOrflireammArm MIErmiranwnimmim 12 13 14 15 16 18 -20 22 23 24 1 11331(�_ l� IRTAT�^ i.'1I.'j�:' .'1i�IAMI lLiI .3��- TaG3!_, • T r FounduswitmetimmmEwintnimmumm. F-Aorigartmalmommr 25 27 29 30 31 32 33 Mira _4 SIMMIOriffIffibral" Mgr. ifiriP71277M. 14 Pre - WARM APIPMEIMUMfe=g te Rv // 1 rrS eel f v £'£� A . • i® /0 '� 425X 1 233 Ss Or- K y 4ck ODD S / y cl Jet! <A - ',D 4. _ -38076 (J�� /gyp Avr AM ii ZEfflie Art r• ' a aSIZIfilfiefflaWfil w • p - - "lb '1 a065 A ,111 s iqt • . �nK *Nos_ 2 34 35 /4 Printed Name o 8L G, /R1 Petition ign ure Address .s /y 141 low l<0101r / C Mc f � b / Printed Name Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. 2 14 15 23 24 31 f��l --3 _ `'rr /�!�:"�.i BMW g o I/.11f1 _ � _ j�►� 3205 Coke) G _!v. is / • ..,411 I ♦ r LL u � ► ummar„."mmlimeimempon . wwwwwwwiluramormwsworomi - rammos wicordm 'ummcrmr_mw.r.riAnavm.■ FASINFMTNIMIIMIlliMarrieWOLCRiNgl NIIIIMME EIM1! rwymommw■liweArmisszsrAwymp offizn ,Egmkaanamomareq?7,7mnii.,---wanrammm iiitIor,..frilmwradsmonfir.rma 1 / E/ E � it i 1e ,&o 5 ' KObllK 44, 4 5 6 7 8 9 1 0 11 12 13 16 17 18 19 20 21 22 25 26 27 28 29 30 32 IMMITLASMNINIENILMWIT 33 r a i L , li 34 PTC EMI � � 35 �„ ('� _ee,t1vJe 3S75 Ke�.K Signature Address Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 C i,r% 0 eA-c --- 2,5--) , [Z-7 3 2 50,a - [j-a✓,,. PCv`- • � J, ax " /362 4 rA Imur � 'Iwo wr (Le- �r_� � i�wr iL'�.�. z d - I 3 rt. gm of 5 6 /6e e; O " 9 Shz teen- or 8 �. .f' / k Z c - A cH - 10 ✓, IA r:_i��W = 11 w dir �i Iv In7-1I�� U V • 12 .t l�� a 2ii�r n--all 13 ,� .�3,_ . r /_ l { mum i� 14 F / . � � „ 15 � iki IN4W NIWite� W wy 16 17 E _ f cog ' ( ✓s s L'- ff�iff�� W� _ i+37 2- frt cc C i a& 1 i�/'T� 18 19 W , b . '_ - t az I ffr - •al��,•W/Br��r � _ -• - rwammi l � ...a r v tt 21 ! 27 )C•, • 22 I : i �.�' � '; 1 !�t� �� It , �/.�%L'il- i EMi =WIMP= II �1 ��r A �s' 23 24 a , - Al, - y ' Z 1)-- ; if , — 25 26 27 28 29 30 31 32 33 34 35 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. 20 Dl2 T �i.UtZ & r did' �S N ' 21 • 147MMI-74 WMIIIMEIPME --- -417-....JATI. 1110SbWE ortmaaprffostfrism 32 r' .6L WIW I w 4. mill T4511MNIE1111111= R.7. X3 , Printed Name Petition Signature Address is 2-- �5 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 2 ooic r en 4j�i �i r J 0 2 4 L7tr1 f Pr- 4 i 3 4 Kilts - ,�. /�i - i lMIM P,, 6 o . _ 3 5 j) v fl [o a . 0 I�+A"C :-lam. /y� !/� 4► ��— .2 i .A, ) 112.L S' ( /�;a D t ,a k_ 6 k' L . . . .1 . . . , , •. - (A/ 5 . ■ Q g 'lrl� ni I i +A � �� ✓ �� ,. d 1 • a/ - G L/ 1 ( 9 �F�1L�� "'' N 10 l -rr y 96 l L■r d Jfa, g .1. ,61.:4,4o94 11 J •) STE Ira./ -) /, - POD Czt / X14 /S 12 L c9�'C( ' .�.wPr ' SZ , oat M. ' 60 13 . w / ` ` Pe 6 )4. 224/ �o, ,4.7 14 ( II - �/��i/__ �i i : i �� `,� - 15 ��a,�� IMI � - �s,�/ E � �1 FM. . . - ,. 16 17 .� ! ' . _ .. �' E MM ,� i /�i.I 44 /,� �� - =�T�LI1 i�� :`�� i te! /.. , 18 :: m G • _ r l s%� iI WM PM - - -- M. _ :., i 19 V' ',/V L(/ ✓a. W�1r�! , , �, . e , ,e; , WPM - IO ham LN. . _ • �._ 20 I 21 r/aililrJ►m� � O! � I ? W4. 6 -% 1 I. . : -� rrM1 22 50)N LA (). la(2N & t 1 � o� – .4144L A o f -4 r r LA S ave ‘,,,) 23 a' Cl 1 �.: .i �z — /!_ to . d 1',64 24 �. _� �,,� 1 °1M:__, ..., -ill 25 ► .' . �t�MM I [ T):201 NE / 26 _ T d , oN/ 17 OFF gIS f`ti`t 4.,44 27 q 1 SAGO / J 9/g Re. zc nc, ( .E 3 28 ti 7+ i(16c) 29 � IMIMED I �:� ��7f� /1� Bt L .. . 30 e 1 cc, .' E% ��: /Li ! �� t 31 Ill151∎i ..,i�� i.:.��'��" ��►.I:3NEk 32 0 .11 it„, MOO! VI. x g V 9 ' , La i ,.- 33 e- 34 35 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. ��r-7 �. Loy lie. yes © L v\ "e uJ c``1 Nio Gad22 tifV4,n � Pnn Cavti�cQti � Co iv Sack (asQ Feb 1O /I( uylotak sr fed c; C A",a/a4 yt S o 4 c , pc e i t b r oy! � r�e /1 a d/o f' LS �y., d Uo�B tr - P � ra i- c al r Ci 71 A ,,, i s ( c ,,T/ iiy e P / su or t o 0 ar 5 ti a s te/ZOV COI" '/ t d � Cei-7 �e �>~ fi e S a { s S( pe)ie CoQ w 14,W, rz j fre 9 2/9 rs fl M.pl y ��. VLtt se (',e-E o ( o l 6 ay nzi K 0 ca to 70 Dt-71 75 V)IttA ( t 80x 867 /o at AK. 274 Pe 7/ r � f627 W.t /A/5 11910 Si 7/e t( (It e 1 � s o 4 ro y1 7`��e `I c d / 'o f L s �cr � d �o i~ c� tr P fr c ak c .0 71 ;cgs (JrR coco7 4frlf l` -1' /7/ S G! 0}- T D 0YY!aF IQ /74 fei 4 o rl C k /; r h./ e r e 7 lfZ e h p e S /63/-4 Sx-1/W /4-C/0: `‘kN.) S.),OEci_ Neoansve,S\AA\oa-n f ) 6/QPAP- VaA-14n -�k 1• I 4 ©� N PX1 fl� S I C.hri Ota,timlypt C Mora °1 'l ain 13ryd-r! PD. 4f)4N 43964 /o; -C f ` ice ` / J o 3/3/ Po p5 ©,p �4J 3 /( FL (4/5 FO. BK /(7J IrCod r pt (. E ro t. gq'9 C--021r;6712/1; 61 ,2 17) 13,4.ritL,j fo BoY3 iJct LJl� •...ter ekrfStiknk PAWFE 14, r, A1HA m L (,1ko?0' /i l\i r\)ETrE gLtT / NI A ' i S onn i � \buY' n cla4 4 , e'S Pe 7` r / G7'I 1 O ./ e /G(9104)% si:rie I C� wS 4 cv , c e i I ;0 7 IrC ofici r Zs" 4 T0 1 cp Q }� C . G '71 A1l/(S ( 1../ d / 171 � 01. 1 o `Fr 0 7-71 a� ii-a 5 q l 4 301" a 1 I oyi c C e r � h C I. A 1 le u.3411< S a L s S 4 p -ew,e 0 - Ato-wt S; 4 T Bs5e)7 Q% \\ e )\n(( 6s t�h ae f-tr� �OL n n ; S�.etn e �e S o,J1.1■. 0 /7/ QV ° c � n j D II I. �e 7 ie fre9 366 UQ t %/ #sue 77 LakQ ► IC" w /1 1! (OS 1AII IS , 1 9 p.E.o)( 1117 A Uy& r 13° (7,) — UU /2?1 i9 ✓v�l� i'Jr %l l & 'io R . c 04 %5510 ,ci. I , qU $ rY1 y4elhoT 1284-1 Jocl,- . k� zaz- 40td i4- 2h Li )1 /r f , C Troxe II 1 6 t- c Po i3 6.s 1 1 D a // /e ( (,(Me /icy kliamo, CHR1s { k \ \ \ S � K, ' LK A4dePs 1 RicAet.) P. 13A-icr f re-cl-epc-K S ?zfj ef- Ay !eE ? e /cp- ei/df { C�e j'act &rn,sik pek) o e�(es ��ciCi ��ayeffv vrLi Aitic ilA);/ 1/�elozco�. ,Seq l he' 67eaticeg kifi)tu- 61-0P AC/A •emS t Z�47 fDOn ( O,JJ6� Ca r,0v Lc el/w.2 411. 1 0001 . 0! 2,V 0oGi v" l469-z S. y $$,- c ree l lcc) L f oBcoc 7 kP K 336 t s- Strceut FcA) DO z�15 6-1/v; e smiv, LGV l 3c gmadhty/P&_ ( NoxiV)94vpitli cli-to x.76 j2cff 3s E $1" )reeoe Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Mac � ` � � - o S . �... k Signature `i , , ,: g U 1, Address 1/3 5 y Sou-i-4 �rvsi,ti� o r-et. t2. Rc(. o d i, k 4r 11 G / r 1 2 &( PV1 a c. 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P C(g, 15 16 17 18 I Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature 1 Address 1 //3 5 ti Sou Iry :r;1 ar-ct 12 Rct . kod , k 4K / 1t./ r ..--, ._.mil Mai /74 �oS i #L WCt / d-Nit 7!0 .s4/6,10 leav «...E. 19S'S K 4 7� c. Trs 1.,,.t,. s a� 1 � -1_ t 13 3a ,0A 3 e 12�ss; � �, c'-.a� Leo / q `� 4 —' Is 4 j c c he. i4t 1 La ct , / / / / i� � - -� /' Po. Bo )C. 17 L Kod iak, A K 7 ', i s- s � C i n c� i ru ss e l ►• ..1 J. � t,L.t.4... P�Q IZRB Sct.WN. Circlt_ ko d �+c, A K. g 4 u I S 6 4-o L T -.Smi • Mkra 153a- vSKov' t33-K A 1,:'_-- 59(0,..., S /( ire, , f yg aerie IZ 4 1 < -, s /, ' ektc WFw / / 53.2 k 'i r o v - r7. . ) 6 , 4-40.4, ,4 7y / s 8 g /� / f SWarlsor� , ' : 172/ SP./,'e / L'7 • — k ,'ax ilk 96 /S" i r' 9 Vr ft - (U ` , _/ Id � Li e 2 g1 n / V l del` GG lak q /5 10 // n sw vt /L--=— / — /fr!3 c y na'e -? f (t'.etit. 41 55 11 ( .. 1( --A( 1 / C ea; A /4,4,.i./i _ / 1 / TVZ 4 q! �,(f MI rim Oa &met 9f& • 12 , lr n 41A 13 Li 0 . ) h 1 1. � � . 741 1uG55 /czC 4,44_,q. 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address ' a� &c.„4-44r4»4 T iLoD,Att iii �; 14r.20 A L_ nv10 3 C 1 t �s -' My 41 4' KD 3 545 woc�� o v v- , 4 "Cif 4/4 £ G7 b s 0 r i- %' - ^4;7 .3( Xo Poe lar St - 4 5 (-t 1• Viii ,. 6 f3) *' 6 I � r E6&I - E , 3 - eo .207 / esafiK fie l 9M>J 7 SAW S .1-t. - v«,v1' Ilar �j�� U do ffjd o (4∎ V rilZ e ''. I Ilf/Mtinli ( t( Ko £ P-, 79 (p I - � i : a )431-0? At�L -�i 9�I f 8 9 J/,Y / z —t-Z' 10 /Q1I2vo y FA'J a poo, 0 / 2 god 3/22 k om )4k Ak 5vo 11 6 . I.. A }`O i' 5-iii. c. " B o X ,p34q? Ida ci t4K AK, 12 ...1 q r ''ti f f R O1 i r . = - ) ''s^ - - E 1 ` 1 ( 1 ) < ( 1 ' I 4k, /`i k 13 , 1 IV LS . _ . % c 1 4- 14 K 1 a cre� ® � Y / ' ,..1 G� �' v /4? -4 � G 1 ✓,LT i( is'YW-i 15 4 b,, i- s-k -cf - � 41 i ., . , C q6501 (441%4k 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus f friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus I friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. As Printed Name Signature Address 1 e i // i '' ria- 2 /° o e x SF. 46-et, 44 99 2 adniiiim/ S.A x/ F Z" ! /l/ /� /L�1 ._° �/ D/1/ q2CO2_ ✓,_ R D BO 3 .8�w cl otb 4 M iG -raF�c � At- . 796/S 360 G.Rio., G/'Y / �K 5 -1 �l * t e 4 al. r � � • O. .? O. is, v 3, S ltb pl 4 /AK. Re/ 6b5 6 6C e ai/Sd a. / ��%� Pa -C" .3 2 9? /fie S..QJ( A 7 8 9 10 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus I friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. As We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. 10 11 12 13 14 15 16 17 18 4 7 1 Printed Name 546(i s-r-c.cfirAtErz 5 40,r,c..A.4/514. �v /L((<nti VILLA(e tYlwf CiC -050 0:40, <ej A,,,,( Petition Signature Address Airoi elitogeo /�"f w,re //! ✓/ /JCS L �i� • /4 ititz.T9t /`o ?Ai 4 /8(t(F AttLe-iCkev ted41#7 K , 1 g1a4 #Z r 4D1 /L /1.1--p.i1 1(69 /ta Ax ,a Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 �es5;(° J �6, t; H 52e--jdz..4 �Ov� Q�,�c, 3 K-447 1■ likCI-Mil pailla / ( - 7 9 ai A or-L 1r 4 f h , L � "., IA ‘ refellar. A i ffa li. , 34-- 5 , V ' I An I 6 • r Yffile 10 ' 4/ i I /110A 0 / It": / 10 7 A svl 6h 6S 61_110 / °' /.�� § ! 14 15 r IN Apia 11111 l 411;: 1 `l f iiki"::-r' '" / 1 -. . ,/ 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address I 1 6 -e.,e.v i/,d 144 -,- & 2 MO Mc c1v - VY L , , q 1 S Way Kod,iA 3 ie S Z f4 / , O " /k 1.( /✓ /,p'l 4 - 'fg.1ci 52413a ! . tgl .l4( .c ute kocia, 5 Dne(ID M 5 5 . / zz al�3o0 08e00 , )404 6 2 0 1 7 ' c.GW4i7S7 klifiztieVdta V k' 3533 /4,44, 7 jelltes5 /Ur-J.524i C;72.•-■-/ fi,c)---15/3 ,d.,,,e, 8 9 10 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus [ friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Si • nature Address 1 NOthl, 1 223 ti r4Ov 4diA. 2 '. 0414 CO-eear / \ ,A_ Al ie._,_.. _- 1 qs-s-- 7z4. ut GG'!5'�J i/fX� -, ( e 3 4 /I C if7 1 6)v-ft/Jo Q Ll I (t ... ikt. -- . 3„ (, /,- f 1 SFD 7"" ""Y° 1 , 5 DPat 1 Uu ttw 6 7 8 9 10 11 12 13 14 15 26 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus [ friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 MrS ( I( /N J /f i� / ` � a zp ^y � 9ert 2 / ( pa - ' M 6�� 4,,,,/,‘ ` �-�!/� ,Apr / 701 r c 5 7 4 /. 5 6 7 8 10 11 12 13 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. 13 ' � I HOlt1i}5 / 7;RASFf 1z 0 //A AtimtnoA) ImP i /4 dt 14 15 16 17 18 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Z -7'7 Printed Name S Si • nature A Address 1 \ \ A "Cl. - -ON(ZVO ? ?' (=6 ,— ' 401444R 2 N N,fefTOPQe,.t 4) /NANA!!6 / /1 / ( ( /.J6.8 Cilo st4A•froatY. v im! 3 G G ' I I 444 4 4) Ci • Y ,, _ _ 4 " "' Y'ti iiG r, I� >ihCifry �� 3 3073 Lc.k € j JJr/V /)j 5 ( ✓ — 2 207 4. .4✓/4-Jono ,/,,a2 6 N Nit e__ — /v 1 1oc r,✓ /11/ P-G c-r 8 O A c /e✓- ,y,,,:/56:_e-___f--°-'': / // l 9 Z Zeti. -y L2 Lt/ {� /�-Ly- 7 7.000,4 /4,,/../.;,, 2„ Ai 10 & &c 17.0 A/6 le s d Z / 7 7 70 J5 4t^ /' -)i c� 11 6 6/R/S 7onteX l t oN,9Fl t / .'� /YL k t l lzf c 0/r/�NS .6%1 Y �C7iC / 12 e l / i Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Z -7'7 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name Signature Address 1 4 '(71Ac_ ksoly , l22 / 4, ov s, its . 1.._12 at.:. ., . ALL ' 1 nr . l0 ( 5 _. iQ C_ei i ; 0.1 5. •.I-' 4 el-esk e & k,0 1 ' ,r 3D I b It A-v Ls - n-. 5 "7/& 60 vo, / //0" _I-Z 10 To Ni 6 1'0Se r1 E Sol- ! � 11!! ,'t by = 7 ' , .r ! . i i 72 SO lam 8 N! 14j 7 951 b N IL 9 inumintrAigirmimingEm r_ =L • ' _ �i e gg % ., I 223 Sear " 11 O nil ftn -ti 2 ° ?2 / 3 L/i..(-o C c.LC (,E 12 T"l, C Qv� . �% % i % `= �g y, tea 0 ;-•• 13 14 IIPA ITElp .e is r 16 17 c �J1` C 'y ,„- f�� 6 . 7 /o , 1' F C All 1 ( M Ca :ct, , 18 < Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. 5 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. Printed Name 1— 60 ature Address qo pkiktszct ,o_k 1 2f v (k woeil 1- .' 3 /Cc-72( 44-1,01(-44-1 \ , /3/Y 0/(5 5 / f ek- . 4 G cktJ ILL " , 1 V i 3Hr P'1 i ail (2- 5 \--t..-kt a CO 4 1 i / - )i frtucc- 1 6 7 8 9 10 11 12 13 14 15 16 17 18 5 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus ( friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States Supreme Court. This is to stop the Lesnoi Land Grab. A Stratman Request to U. S. Supreme Court for Review of Misappropriation of Government Property "Leisnoi, inc." is the village corporation organized under the Alaska Native Claims Settlement Act (ANCSA) for the "Native Village of Woody Island." As older people in Kodiak know, and as the Administrative Law Judge found in Mr. Stratman's challenge to Leisnoi's eligibility, the Native Village of Woody Island was a ghost town long before ANCSA. Woody Island, like other Koniag region phantom villages," was part of a Koniag Region scheme to get more land and money under ANCSA than the law allowed. On October 13, 1999, an Administrative Law Judge concluded that Leisnoi /the Native Village of Woody Island was not entitled to ANCSA village status on any theory. Three years later, the Interior Board of Land Appeals affirmed the merits of Stratman's claim that Leisnoi was improperly certified as a "Native village." Nevertheless, in October of 2008, the Ninth Circuit Court of Appeals conclude that Section 1427 of the Alaska National Interest Lands Conservation Act (ANILCA) somehow ra ed the Secretary of Interior's 1974 decision to the effect that Leisnoi was eligible for village status. The Ninth Circuit Court of Appeals came to this conclusion even through ANILCAection 1427 does not expressly comment on Leisnoi's eligibility one way or the other. Mr. Stratman has filed a petition for a Writ of Certiorari with the U.S. Supreme Court. The petition is a request to the court that it hear and reconsider the Ninth Circuit's recent decision. This is Mr. Stratman's, and the public's, last shot at righting what is likely the largest land fraud in Alaska history. If the United States Supreme Court reviews the matter, there is an excellent chance that it will reverse the Ninth Circuit Court of Appeals' decision. If the United States Supreme Court does not hear the matter, Leisnoi will retain its ill- gotten gains forever, as a private land owner. Mr. Stratman is asking the Kodiak Island Borough Assembly, not to weigh in on one side of this fight or the other, but to explain briefly to the United States Supreme Court in an amicus brief just how important the issue before it is for the public at large. Among the issues of broader social and legal importance are: 1. The Ninth Circuit, under its own precedents and that of the U.S. Supreme Court, appears to have improperly invalidated the village eligibility and enforcement provisions of ANCSA. The cipcttit court should not impliedly repeal acts of Congress. 2. Leisnoi's land holdings include habitat that is uniquely beautiful, critical to a variety of species of wildlife, and that provides "world class" recreational opportunities. These opportunities will be lost in the face of Leisnoi's private ownership of the property. Because the land would return to the public domain if the Supreme Court takes the case and Mr. Stratman ultimately prevails, the outcome is important to every American, not just to those living on Kodiak. 3. The case, at its heart, involves issues of the fraudulent acquisition of govemment assets. If the Kodiak Island Borough elects to file an amicus brief with the U.S. Supreme Court, it will need to do so immediately. However, this brief should not be expensive to produce and needs do no more than set forth simply, directly, and briefly why the issues raised by this matter are worthy of the Court's consideration and why the outcome is central to access, use, and enjoyment of critical habitat in and around Kodiak. 1 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus 1 friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States supreme Court. This is to stop the Lesnoi Land Grab. Printed Name 1 Signature Address 1 2 3 4 5 , 6 7 8 9 ' 10 11 12 13 14 15 16 17 18 1 Petition We, the undersigned citizens of Kodiak, hereby petition the Kodiak Island Borough to prepare an Amicus 1 friend of the court) brief in support of Omar Stratman's petition for a Writ of Certiorari before the United States supreme Court. This is to stop the Lesnoi Land Grab. CALL TO ORDER KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITT REGULAR MEETING - OCTOBER 14, 200 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:10p.m. by CHAIR SIROFCHUCK on October 14, 2008 in the KIB School District Conference Room. ROLL CALL r i Committee Members j Present f Excused T Absent 1 1 Others Present T - - - Mike Sirofchuck -Chair i X i i Bud Cassidy -t f 4-- -- -- Pam Foreman X i '; Community Development Dot. F Hans Tschersich X - 1 Sheila Smith Kevin Foster X [ 1 ' Community Development A quorum was established. COMMITTEE MEMBER HUNTLEY MOVED to excuse the absent members SALTONSTALL, SCHROEDER, DEMI, MURPHY, FULP, LYNCH, and RAUWOLF. Motion CARRIED by unanimous voice vote. APPROVAL OF AGENDA. COMMITTEE MEMBER TSCHERSICH MOVED TO APPROVE the agenda. Motion CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING There were no minutes. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A) Trails Plan RFP Cassidy stated there are a few gaps in the RFP and +wanted their input on what they want the final product be. Under "Scope of Work" we should think about design standards in our process. We will rate then as a group, then narrow down, and then decide where to go from there. Discussion of the end product being something to refer to that shows the trails of high public interest; 4 wheel trails, horseback riding trails, etc. It's kind of land management planning. They expressed concern 10/14/2008 Parks & Recreation Committee Meeting Minutes Page 1 of 2 J \ 1 over not having quorums over the summer. It was the consensus to add trails management and maintenance under Scope of Work. COMMITTEE MEMBER FOSTER MOVED to finalize the RFP and put it out for advertisement. Cassidy went through the RFP point by point with the committee. Committee discussion of timeline. The motion CARRIED by unanimous voice vote. B) Leisnoi letter Cassidy stated he had written this letter to Carole Pagano that follows the conversation at the last meeting. Committee discussion. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. REPORTS Meeting schedule: • September 28, 2008 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • November 25, 2008 regular meeting at 7:00 p.m. in the KIB School District Conference Room. There were no further reports. CHAIR SIROFCHUCK suggested everyone check their schedule to see if they can have a meeting on November 18"'. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS Kevin Foster stated he will be out of town October 28 and November 25 Jeff Huntley stated he will be out of town October 28 also. ADJOURNMENT CHAIR SIROFCHUCK adjourned the meeting at 7:50 p.m. ATTEST By: 401212-__L Sheila Smith, Secretary Community Development Department DATE APPROVED: January 13, 2009. By KODIAK ISLAND BOROUGH PARK CRE ION COMMITTEE e Siro huck, Chair 10/14/2008 Parks & Recreation Committee Meeting Minutes Page 2 of 2 CALL TO ORDER The regular meeting of the Parks & Recreation Committee was called to order at 7:OOp.m. by CHAIR SIROFCHUCK on November 13, 2007 in the KIB School District Conference Room. ROLL CALL Committee Members j Present Excused Absent ------ - - - - -- — X Mike Sirofchuck-Chair Pam Foreman Hans Tschersich Kevin Foster r Jeff Huntley Patrick Saltonstall Andy Schroeder Cassandra Juenger Lori Demi Kevin Murphy Ian Fulp Chris Lynch KODIAK ISLAND BOROUGH PARKS & RECREATION COMMITTEE REGULAR MEETING - NOVEMBER 13, 2007 MINUTES X X— - - - --+ X X X Others Present 1 Duane Dvorak X _ Community Development Dept. I Sheila Smith Community Development X X , 4 -- 1 A quorum was established. COMMITTEE MEMBER SALTONSTALL MOVED TO EXCUSE COMMITTEE MEMBERS FOREMAN and DEMI. The motion was SECONDED by COMMITTEE MEMBER JUENGER, and it CARRIED by unanimous voice vote. III. APPROVAL OF AGENDA COMMITTEE MEMBER FOSTER MOVED to add to New Business – A. Salonie Creek Rifle Range and public use, and B. Island Lake Trail. COMMITTEE MEMBER SCHROEDER MOVED TO APPROVE the agenda as amended. The motion was SECONDED by COMMITTEE MEMBER SALTONSTALL, and it CARRIED by unanimous voice vote. MINUTES OF PREVIOUS MEETING Regular meeting of: • October 9, 2007 COMMITTEE MEMBER FOSTER MOVED to approve the October 9, 2007 minutes as presented. COMMITTEE MEMBER HUNTLEY SECONDED the motion, and it CARRIED by unanimous voice vote. November 13, 2007 Parks & Recreation Committee Meeting Minutes Page 1 of 3 AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A) Winter Use of Lakes Public Meetings During discussion, it was the consensus of the committee to hold a public meeting on January 22, 2007 to identify issues related to winter use due to re- appointing of committee seats in January. The committee established the following timeline and a groups /stakeholders list that should be invited. January 2, 2008 — Start advertising January 22, 2008 — Public input meeting -less informal February 12, 2008 — Discuss input and work on white paper February 26, 2008 — Public Hearing March 11, 2008 — Public guidelines -2' Meeting ? -re- examine recommendations, and work on white paper March 25, 2008 — White Paper completed Stakeholders Adjoining property owners Ice fishers Ice skaters Cross country skiers Walk- transportation -trail users ATVers Snow machiners Hockey players Paragliders Ice boaters Skijors The committee also discussed possible PSA language, and they were in consensus to call it "Winter Use of Urban Lakes and Waterways" to include wetlands and ponds. The committee determined they like the white paper approach. SIROFCHUCK stated he and FOREMAN can probably do the "Talk of the Rock" on the radio. B) Trails Plan Dvorak stated Cassidy would like the committee to help describe the scope of work of what the committee envisions in the trails plan that would include geographical scope and issues to cover so staff can develop an RFP. Dvorak also said Cassidy recommends members of the committee be at the Assembly meeting when he asks for additional money for your project. During discussion, it was the consensus to use the trails outline they had put together previously outlining the scope of work, and they want to take part in this without sub - committees. SALTONSTALL said he gave his copy of the outline to Bud. HUNTLEY said it is more than just an outline and he feels they can pull what they need out of it. The committee's goal for the next meeting is for Cassidy walk out of the next meeting with a very clear idea of the scope of work so he can develop an RFP. The committee requested the trails outline be put on the November 27 agenda. NEW BUSINESS A) Salonie Creek Rifle Range and Public Use FOSTER stated he's noticed the rifle range closed for the Coast Guard to do live fire exercises. One of the days was on opening day of bear season. About 3 or 4 times a month the Coast Guard has the range which is eliminating public use of the range. People have been moving to the beaches and other locations to sight in their guns and target practice to get ready to go hunting. He feels we are moving backwards in what we are trying to accomplish with safety issues at the beaches. The reason we have the range is for November 13, 2007 Parks & Recreation Committee Meeting Minutes Page 2 of 3 the public has a safe place to do these things. He believes the Navy Seals has their days at the range also. KISA is getting paid for the Coast Guard and Navy Seals to use the range at the expense of public access. The committee was in consensus to invite a representative of KISA to a meeting to answer questions about the range and scheduling. B) Island Lake Trail CHAIR SIROFCHUCK asked for this to be on the agenda. He stated that Kevin Murphy is excited about the possibilities of this trail for locals and tourists. He suggested a "Cruise ship "hike. SCHROEDER give a report on the bridge project that Eagle Scout Mathew Lloyd is working on. He said they are looking at designs, and there should be enough money left to do about 240 feet of boardwalk like in Fort Abercrombie. Island Trail Network will be making recommendations. COMMUNICATIONS There were no communications. REPORTS A) Meeting schedule: • November 27, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • December 11, 2007 regular meeting at 7:00 p.m. in the KIB School District Conference Room. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS Kevin Foster said Leisnoi has begun cleaning up and replanting trees in the logging area in Chiniak. Hans Tschersich said there is a new road in Salonie Creek past the rifle range and that trees are being cut to make the road and he wondered if they have permission to do this ADJOURNMENT CHAIR SIROFCHUCK requested a motion to adjourn. COMMITTEE MEMBER FOSTER MOVED TO ADJOURN the regular meeting. The motion was SECONDED by COMMITTEE MEMBER HUNTLEY, and CARRIED by unanimous voice vote. The meeting adjourned at 8:30 p.m. ATTEST By: Sheila Smith, Secretary Community Development Department DATE APPROVED: December 11, 2007. November 13, 2007 Parks & Recreation Committee Meeting Minutes KODIAK ISLAND : ROUGH PARKS & RE REATION C ' ITTEE By: a i11 Mi . e Siro huck, Chair Page 3 of 3 CALL TO ORDER KODIAK ISLAND BOROUGH PARKS & RECREATION COMMIT REGULAR MEETING - DECEMBER 23, 2 MINUTES The regular meeting of the Parks & Recreation Committee was called to order at 7:00 p.m. by CHAIR SIROFCHUCK on December 23, 2008 in the KIB School District Conference Room. ROLL CALL Committee Members Present Excused Absent Others Present Mike Sirofchuck -Chair Pam Foreman - — - - Hans Tschersich Kevin Foster Jeff Huntley Patrick Saltonstall Andy Schroeder __ Rick Lindholm Lori Demi X Bud Cassidy__ X X X X X • • X F 1 a JAN 28 2009 EE 0s Community Development Dept Sheila Smith Commun y Development A quorum was established. SIROFCHUCK MOVED to take a 5 minutes recess while Smith gets a copy of the code. Voice vote on motion CARRIED unanimously. APPROVAL OF AGENDA SIROFCHUCK MOVED to add to New Business B. - Board Vacancies. Voice vote on motion CARRIED unanimously. FOREMAN MOVED to accept the agenda as amended. Voce vote on motion CARRIED unanimously. MINUTES OF PREVIOUS MEETING There were no minutes. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. OLD BUSINESS A) Trails Master Plan Update Cassidy reported there's a tremendous amount of data that will help in getting where we need to be. He is working with the MIS Department putting it in a downloadable RFP package. The RFP is done it just 12/23/2008 Parks & Recreation Committee Meeting Minutes Page 1 of 3 needs to be put on the borough webpage. We want to give a flavor of what we want and what we have. Cassidy said he will send the RFP out right after Christmas. A brief discussion. NEW BUSINESS A) 2009 -2013 Strategic Plan -Parks & Recreation Committee Goals and Objectives Discussion Cassidy stated the borough manager requested staff look at the portions we are involved with so he wants P &R to look to see if there are any additions to make. Cassidy said the Recreational Amenities will be brought forward after the goals and objectives. Once it is approved by the assembly it will give good guidance to the P &Z. SALTONSTALL expressed concern regarding #2; it looks like it's just a trails network and the trails plan is identifying important recreational areas. Committee discussion. SALTONSTALL expressed concern about getting the priority areas identified in the Trails Plan. The committee directed staff to find the list of priority areas identified. It was the consensus to ask for clarification on lb and in terms of lands in #1 -would the assembly expand it to more than just lands under borough ownership, just identify potential lands for trade or purchase. B) Board Vacancies Discussion of attendance, quorums, vacancies, codes, and committee options. Staff was directed to contact Lori Demi to see if she is still interested in being on the committee, and to check the attendance record. COMMUNICATIONS There were no communications. REPORTS Meeting schedule: • January 13, 2009 regular meeting at 7:00 p.m. in the KIB School District Conference Room. • January 27, 2009 regular meeting at 7:00 p.m. in the KIB School District Conference Room. There were no further reports. AUDIENCE COMMENTS There were no audience comments. COMMITTEE MEMBER'S COMMENTS FOREMAN wished everyone Happy Holidays and Merry Christmas. KAPLAN stated he is honored; it is a privilege to be a part of the Parks & Recreation Committee. SIROFCHUCK thanked Kaplan and for coming. LINDHOLM stated he's looking forward to serving. 12/23/2008 Parks & Recreation Committee Meeting Minutes Page 2 of 3 SIROFCHUCK welcomed Kaplan and Lindholm. He will also be out of town from January 5 through March 1 and asks to be excused. ADJOURNMENT SALTONSTALL MOVED to adjourn. CHAIR SIROFCHUCK adjourned the meeting at 7:50 p.m. ATTEST By: f�_ lI Sheila Smith, Secretary Community Development Department DATE APPROVED: January 13, 2009 12/23/2008 KODIAK ISLAND BOROUGH PARKS & RECRE`TION COMMITTEE Mik- " irofch ck, Chair , Parks & Recreation Committee Meeting Minutes Page 3 of 3 Commissiners Present Excused Absent Others Present Mr. King X Bud Cassidy, Director Mr. Watkins X Community Development Dept. Ms. Janz X Sheila Smith, Secretary Mr. Kersch X Community Development Dept. Mr. Purdy X Ms. Harrington X Mr. Torres X December 17, 2008 CALL TO ORDOR ROLL CALL APPROVAL OF AGENDA P &Z Special Meeting Minutes Kodiak Island Borough Planning & Zoning Commission Minutes Special Meeting CHAIR KING called to order the December 17, 2008 special meeting of the Planning and Zoning Commission at 6:02 p.m. Chair King called a 15 minute recess to allow for COMMISSIONER JANZ to arrive, and to review the new packet materials provided tonight. COMMISSIONER WATKINS MOVED to excuse the absent COMMISSIONERS HARRINGTON, PURDY, and KERSCH from tonight's meeting. Voice vote on motion CARRIED 4 -0. COMMISSIONER JANZ MOVED TO APPROVE the agenda of the December 17, 2008 special meeting. Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES There were no minutes AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS There were no public hearings OLD BUSINESS s A. Case 09 -007. Request an appeal of a decision in accordance with 17.100.020 that approves an abbreviated plat to re- subdivide Lots 12B -land 13C -1, Block 1, Miller Point Alaska subdivision, 2nd Addition creating Lots 12C, 12D and 13D, Block 1, Miller Point Alaska Subdivision, 2 " Addition. Relief sought by the appellants is to prevent the creation of the additional lot and modification of adjacent parcels for the benefit of this newly proposed lot on the basis that approval of the abbreviated plat will increase the neighborhood traffic volume and cause a negative irrevocable change in neighborhood character. The re- subdivision and reconfiguration of the adjacent parcels will create lots that are too narrow to adequately provide access to and from these modified parcels. The location is 4296 and 4304 December 17, 2008 Page 1 of 3 Assembly Chambers Cliffside Road, and it is zoned R2 -Two Family Residential. The appellant's are Solveig Christenson & Randy Schick. CHAIR KING informed the audience that the decision of the Commission is final unless appealed and explained some of their appeal rights. Cassidy gave a brief staff report stating that because of the confusion at the November 19 meeting the commission postponed any decision to the December meeting. Staff was asked to follow up with the attorney on how to proceed and the attorney's advice was the commission is in control of any action, and he advises for resolving what went on at the last meeting is by voting on a single motion that's consistent with KIB 16.100.040 and that motion is "move to reverse the community development department director's decision. The attorney also cautioned that your action must be based on the appeal record and any written or oral argument that you received at last month's meeting. Cassidy also stated you will be making the decision primarily from the record. COMMISSIONER JANZ MOVED to approve the reversal of a decision of the community development department director in approving the abbreviated plat. COMMISSIONER WATKINS expressed concern about approving the plat that makes 2 non - compliant lots: Lot 12C for lack of enough front yard setback, and Lot 13D because there is a building in the front yard setback. FINDINGS OF FACT [A] This request for an abbreviated plat meets all the design criteria of KIBC 16.40.050. [B] The abbreviated plat meets the eligibility requirements of KIBC 16.30.020. [C] This abbreviated plat shall not: 1. Allow a change in the permitted use to which the lot or tract may be devoted under existing zoning; 2. Alter or vacate a dedicated street, right -of -way, or other public area, or require additional dedication 3. Deny adequate access to and from all lots or tracts created by the subdivision or those adjacent to it; or 4. Create a residential lot smaller than the minimum size for the zoning district. Roll call vote motion FAILED 2 -2. Due to not having a prevailing side of four votes the community development director's decision is affirmed. Ayes — COMMISSIONER WATKINS and COMMISSIONER JANZ. Noes — CHAIR KING and COMMISSIONER TORRES. NEW BUSINESS There is no new business COMMUNICATIONS There is no communications REPORTS B. Meeting Schedule: • December 17, 2008 regular meeting at 7:30 pm in the Assembly Chambers • January 14, 2009 work session at 7:30 pm in the KIB Conference Room • January 21, 2009 regular meeting at 7:30pm in the Assembly Chambers AUDIENCE COMMENTS Kirk Rasmussen commented on how the borough attorney continues to detract from the KIB code regarding his re -plat and instructing the commission to re -vote without a public hearing, and he felt many of his neighbors' concerns could have been addressed if the code had been followed. P &Z Special Meeting Minutes December 17, 2008 Page 2 of 3 Mike Sirofchuck stated he is disappointed in the commission's decision and in hearing the lots were non- compliant he wonders why it was approved. He also quoted a phrase from the boards training which is "When you make decisions or recommendations on Boards we should be thinking of not the quarter, but the quarter century" and he feels the decision made tonight didn't take into account the quarter century. Solveig Christensen stated she is disappointed in the commission's decision. She also said she was advised by the borough to stay general in her testimony but after public testimony was already taken the commission still had specific questions. She gave background information of how she came to appeal the Rasmussen plat and she feels the neighborhood character wasn't considered. CHAIR KING stated the Planning & Zoning Commission's decision may be appealed to the Assembly within 10 working days after adopting Findings of Fact are adopted by submitting written notice of appeal specifically stating the reasons for the appeal and the relief sought. Leon Francisco stated he spoke to Cassidy at length and sent in a letter last month regarding the subdivision, and he stated there are a lot of people depending upon the commission's moral vote. He urged the commission to think beyond the law because there are a large number of people against it and if you have looked at the site to see what is happening you may change your mind. Pete Danelski gave background to the development starting in 1972 stating there was only 1 other house in the neighborhood. His major concern is if there are 5 multiple dwelling units you will have as many as 20 to 25 cars potentially using one driveway, and the duplex renters would park along Parkside Drive because cars would slide on the driveway which makes it harder for the traffic on Parkside. COMMISSIONER'S COMMENTS COMMISSIONER JANZ said she is feeling frustrated but we, as a commission, go with our decision and she empathizes with the people who spoke. COMMISSIONER TORRES said having just gotten on the commission he has been involved with following borough code he but never realized there are so many problems with them and as a commission they need to correct the codes as soon as possible. CHAIR KING said this case really brought out a lot of problems with the code and he expects their ruling to be challenged and hopefully it will push some things to be done. COMMISSIONER WATKINS said he is happy to see everyone here tonight and everyone's efforts are very much appreciated. ADJOURNMENT COMMISSIONER TORRES MOVED to adjourn the December 17, 2008 Planning & Zoning special meeting. Voice vote on motion CARRIED 4 -0. With no objection, the chair adjourns the meeting at 6:55 p.m. ATTEST By: 1Q 1 en -. 1(,„( DATE APPROVED: January 21, 2009 Bv: P &Z Special Meeting Minutes December 17, 2008 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION Page 3 of 3 Commissiners Present Excused Absent Others Present Mr. King X Bud Cassidy, Director Mr. Watkins X Community Development Dept. Ms. Janz X Sheila Smith, Secretary Mr. Kersch X Community Development Dept. Mr. Purdy X Ms. Harrington X Mr. Torres X December 17, 2•08 CALL TO ORDER CHAIR KING called to order the December 17, 2008 meeting of the Planning and Zoning Commission at 7:31 p.m. ROLL CALL COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER HARRINGTON who is out of town, COMMISSIONER KERSCH who is sick, and COMMISS,I1JN -P-1 RDY for personal reasons. Voice vote on motion CARRIED unanimously. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO APPROVE the agenda. Voice vote on motion CARRIED unanimously. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO APPROVE the November 19, 2008 Planning & Zoning Minutes. Voice vote on motion CARRIED unanimously AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS There are no public hearing items OLD BUSINESS A) Case S09 -006. Request a vacation, according to KIBC 16.60, of the "A" Street right -of -way in Larsen Bay, located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on Plat 69 -3, Kodiak Recording District. The location is the Right -of -way located between Lots 2, 3 and 4, Block 2, and Lots 1 and 8, Block 3, all located within Tract A, Townsite of Larsen Bay, U.S. Survey 4872 as depicted on Plat 69 -3, Kodiak Recording District. The zoning is not applicable (adjoining December 17, 2008 Kodiak Island Borough Planning & Zoning Commission Minutes Assembly Chambers JAN 2 P &Z Minutes Page 1 of 6 lands are currently R1 -SFR with pending rezone to B- Business for Lots 2 and 3, Block 2 and Lot 1, Block 3, Tract A, Townsite of Larsen Bay, U.S. Survey 4872. The applicant is Uyak Bay Lodge LLC and the agent is Joel Wattum. Cassidy reported there is a letter in your packet from the applicant requesting postponement due to he is working with the City of Larsen Bay trying to reach an agreement to be able to use the right -of -way. COMMISSIONER JANZ MOVED to recommend to postpone Case S09 -006 until the May 20, 2009 regular meeting to give more time for the applicant and the City of Larsen Bay to work out a viable solution. Commission discussion Roll call vote on motion CARRIED 4 -0. B) Case 08 -023. Request a rezone, according to KIBC 17.72, of Lots 1 & 2, Dayton Subdivision; Tract A of Tract L Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One. The locations are 11883, 11967, 11945, and 11723 S. Russian Creek Road, and the zoning is B- Business. The applicant's are Luke Lester, Duncan Fields, Andy Kuljis, & Rob Lindsey. Cassidy gave some background to this case and stated staff is looking for direction on how the commission wants to proceed. COMMISSIONER WATKINS wanted clarification on if forwarding Tract K only to be rezoned would remove the 2 people who purchased land that wishes to stay zoned Business. COMMISSIONER JANZ asked for clarification on what the other properties are zoned. CHAIR KING requested to change the order and discuss the case before a motion is made. Smith told the commission that they have to make a motion before it can be discussed COMMISSIONER JANZ MOVED to rezone, according to KIBC 17.72, of Lots 1& 2, Dayton Subdivision, Tract A of Tract L, Russian Creek Alaska Subdivision and Tract K, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. Commission discussion. CHAIR KING feels the commission should either approve or deny all 4 lots because by splitting it up they would be getting into spot zoning issues. COMMISSIONER JANZ feels the same way but maybe it wouldn't end up so much spot zoning as bringing properties into compliance. Watkins feels that if it is starting to be developed as Business lots then Business is moving into the area so we should let businesses move in. COMMISSIONER TORRES feels this request should not be approved and the new owners can come up with a new request if they choose to do so. Roll call vote on motion FAILED 4 -0. COMMISSIONER WATKINS feels that since we are starting to see Business development out there the zoning now seems to be a fruitful and valid zoning, and he doesn't see a need to change Tract K to residential because it would create a residential island in the middle of a bunch of businesses. December 17, 2008 P &Z Minutes Page 2 of 6 COMMISSIONER JANZ and COMMISSIONER TORRES feels if the owners of Tract K are still interested in rezoning to residential they should explore the properties on the other side of their lot because we don't want to do spot zoning. CHAIR KING stated when Dayton filed for a rezone we found it in order and passed it on to the Assembly and since then the property has been sold. KING does not feel that Dayton doesn't have a right to file for the rezone. COMMISSIONER WATKINS MOVED TO POSTPONE findings of fact on Case 08 -023 to the January regular meeting. Roll call vote on motion CARRIED 4 -0. C) Case S09 -010. Adopt findings as Findings of Fact in support of the Commission's decision to deny Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1S Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision, and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1S Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. The location is the Perenosa Drive Right -of -Way, and the zoning is B- Business and R3- Multi- family Residential. The applicant is Michael Anderson. CHAIR KING informed the audience that the decision of the Commission shall be final unless a request for reconsideration or an appeal to the Assembly is made within 10 working days after this decision. Cassidy gave a staff report and recommended adopting findings of fact supporting the commission's denial of the original request. COMMISSIONER JANZ MOVED to adopt the findings in the Supplemental Memorandum dated December 1, 2008 as "Findings of Fact" for case S09 -010. CHAIR KING read the findings of fact into the record. FINDINGS OF FACT 1. The applicant has not proven that the area being vacated is of no value to the borough. (ref: KIBC 16.60.010) 2. The applicant does not represent the state, the borough, a public utility, or owners of a majority of the land fronting the part of the street to be vacated. (ref: KIBC 16.60.020) Roll call vote on motion CARRIED 4 -0. D) Case S09 -011. Adopt findings as Findings of Fact in support of the Commission's decision to deny a vacation, according to KIBC 16.60, of a five (5) foot portion of a 50 -foot wide road and utility easement across the front of Lot 5A, U.S. Survey 3466. The location is 2561 Beaver Lake Drive, and the zoning is RR1 -Rural Residential One. The applicants are Dennis & Deborah McCusker. December 17, 2008 Cassidy gave a brief staff report recommending denial and findings of fact in support of the decision be adopted. P &Z Minutes Page 3 of 6 COMMISSIONER JANZ MOVED to grant approval of a vacation, according to KIBC 16.60, of a five (5) foot portion of a 50 -foot wide road and utility easement across the front of Lot 5A, U.S. Survey 3466. Commission discussion. Roll call vote on motion FAILED 4 -0. COMMISSIONER TORRES MOVED to adopt findings in support of the denial of Case S09- 011, as set forth the Supplemental Staff Report dated December 5, 2008, as Findings of Fact for this case. FINDINGS OF FACT 1. The proposed map depicting the vacation of a 5 -foot portion of the Beaver Lake Drive Right - of -Way did not provide all information necessary to qualify as a preliminary plat or to describe the potential impact the vacation might have on existing roads and utilities in the area. 1. A fifty (50) foot wide Right -of -Way, whether by easement or dedication, is the minimum width required in KIBC 16.80.030. 2. The fifty (50) foot wide Beaver Lake Drive Access and Utility Easement is currently developed with electrical utilities, water and sewer utilities and a service district maintained road. 3. Maintaining the full fifty (50) foot width of the Beaver Lake Drive Right -of -Way is determined to be of value to the public for the foreseeable future. 4. Given the history and physical circumstances of Lot 5A, U.S. Survey 3466, the Commission has determined that a variance would be the more appropriate means to address zoning setback issues pertaining to this property. Roll call vote on motion CARRIED 4 -0 E) Case 09 -006. Adopt findings as Findings of Fact in support of the Commission's decision to deny a Similar Use Determination, in accordance with KIBC 17.03.090.A & 17.29.020.A, to allow a municipal police station and ancillary use (i.e. jail, regional dispatch facility, animal control, community services activities, etc.) to be located on a site in the B- Business zoning district as a use similar in character and impact to a Single- resident Occupancy (SRO), particularly regarding the proposed jail portion of the use. The locations are 2150, 2160, & 2170 Mill Bay Road, and the zoning is B- Business. The applicant is the City of Kodiak. Cassidy gave a staff report. COMMISSIONER WATKINS MOVED to adopt the findings contained in the supplemental staff memorandum, dated December 8, 2008, as "Findings of Fact" for the denial of a similar use determination in Case 09 -006. Commission discussion FINDINGS OF FACT 1. The proposed police station, regional dispatch facility, animal control and community service uses are very similar to other office and retail services allowed in the B- Business zoning district. The jail use, however, is not similar in character and impact to a permitted Single Resident Occupancy (SRO) or other permitted residential or commercial uses permitted in the B- Business zoning district. Unlike SRO housing, which is intended to provide a form of December 17, 2008 P &Z Minutes Page 4 of 6 affordable housing near community employment and service centers, the inhabitants of a jail facility are generally persons accused of or convicted of crimes in the community and who are being held involuntarily in jail as a secure institutional facility. 2. Jail use is not a form of housing, per se, and as an institutional use it should be located in a zoning district that applies a higher level of permitting review, rather than a minimal over - the- counter zoning compliance permit. An alternative to provide an appropriate level of public permitting review for a jail use could be provided by the PL- Public Use Land zoning district which provides for "correctional facilities" as a conditional use. For this reason the Commission has initiated an investigation of rezone from B- Business to PL- Public Use Land for the proposed jail site. 3. The parking issues identified by the petitioner in equating an SRO use with the proposed jail use may address an expected level of visible impact, but that rationale does not make the two uses appear to be similar as forms of housing. The SRO use is intended to provide affordable multifamily residential housing while a jail use is intended to temporarily house people accused or convicted of crimes in the community. 4. The application for similar use determination indicated that a jail use is considered by the petitioner to be a typical part of a community police station. In other verbal comments the petitioner stated that the proposed jail facility would be operated on a contract basis for the State of Alaska, which operates a limited number of similar facilities around the state. These two viewpoints do not appear to present a consistent perception of the proposed jail facility. 5. The petitioner verbally indicated that a potential interim measure to address a jail funding shortfall would be to build the police station without a jail until construction funds are sufficient to complete the jail portion of the project as planned. Temporary holding cells could be used on an interim basis. The Commission would view the use of temporary holding cells to be part and parcel of a community police station as the persons placed in holding cells would only be held temporarily until their arraignment. Roll call vote on motion CARRIED 4 -0. NEW BUSINESS CHAIR KING stated he wanted to schedule a special work session for next month. Cassidy stated he could do it under commissioner comments. CHAIR KING MOVED that with the permission of the commission he would like to add some new business into the new business. Voice vote on motion CARRIED unanimously. CHAIR KING said he wants to discuss setting up a meeting in January to discuss code revisions. During discussion it was the consensus to have a special work session to discuss code revisions and By -Laws review on Wednesday, January 7 from 6:00 — 10:00 p.m. COMMUNICATIONS There was no communications REPORTS A. Meeting Schedule: • January 14, 2009 work session at 7:30pm in the KIB Conference Room. December 17, 2008 P &Z Minutes Page 5 of 6 • January 21, 2009 regular meeting at 7:30pm in the Assembly Chambers. COMMISSIONER WATKINS MOVED to accept reports as presented. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. COMMISSIONER'S COMMENTS COMMISSIONER WATKINS thanked Smith for working with him on teleconferencing the work session and emailing him the packet material. COMMISSIONER JANZ said with the cases they've had she thank people for being patient because she wants to feel right about what they are passing. COMMISSIONER TORRES stated he has been trying to get on the commission for a while and he's glad to be here. CHAIR KING thanked everyone and reminded them of elections for chair and vice -chair in January. He also informed the commissioners that Jim Purdy is resigning as of tomorrow. Everyone welcomed COMMISSIONER TORRES. ADJOURNMENT COMMISSINER TORRES MOVED to adjourn the December 17, 2008 Planning & Zoning Commission regular meeting. Voice vote on motion CARRIED unanimously. With no objection, the chair adjourns the meeting at 8:40 pm. ATTEST BY n < �Q DATE APPROVED: January 21, 2009 December 17, 2008 KODIAK ISLAND BOROUGH ( PLANNING & ZONIN 2OMMISSION By: e_ , - '7 P &Z Minutes Page 6 of 6 Service Area No. 1 Board Regular Meeting 09 December 2008 7:00 pm KFRC Conference Room A. Call to Order Chair C. Lorenson called the meeting to order at 7:05 pm. B. Roll Call Present were Board Members S.L. Adinolfi, K. Arndt, S. Arndt, C. Lorenson and D. Symmons. Others in attendance were A. Torres and T. Mitchell. C. Approval of Agenda It was Moved, S. Arndt and seconded to Approve the Agenda. There was a unanimous affirmative voice vote. D. Approval of Previous Minutes It was Moved, S. Arndt and seconded to approve the minutes of May 6, 2008 with changes. There was a unanimous affirmative voice vote. E. Acceptance of Financial Report It was Moved, S. Arndt and seconded to acknowledge receipt of the Financial Report. There was a unanimous affirmative voice vote. F. Visitor Comments None G. Chair Report Chair Lorenson told the Board they limped through the summer with Brechan being out the road. MK Enterprises stepped up to the plate and helped out the service area with the road needs. Received some calls about Hill Top needing to be sanded. Brechan was down to one sander, so they had a hard time keeping up with all the roads. Road sign issues, but Brechan is taking care of it. Met with the Borough Manager about Selief, and was told the Borough won't be forming an assessment district. The Manager was going to research another avenue and get back to Chair Lorenson, but the Chair has not heard anything to date. Chair Lorenson is still pursuing paving the loop. He told the Board the Borough received 2.5M for road improvements. He is working on getting a price from Brechan. He asked the Board for their opinion regarding unloading track hoe on asphalt. The Board told the Chair to talk to the contractor's and tell them not to drive their equipment on asphalt. The Chair was N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Draft Minutes 09 December 08.doc directed to talk to W. Koning about sending out certified letter to all contractors re: driving equipment on asphalt without tires. The Chair will also talk to W. Koning about vehicles left in service area right of ways. H. Old Business None I. New Business a. Selief Maintenance Agreement with the City of Kodiak It was Moved, S. Arndt and seconded to approve an increase of $391.00 (from $1353 a yr. to $1724) for the Snow Plowing and Sanding Service provided by the City of Kodiak to the portion of Selief Lane outside the Boundaries of the City. Motion passed by a roll call vote. b. Recommendation to Assembly — New Board Member It was Moved, S. Arndt and seconded to recommend to the Borough Assembly that A. Torres be appointed to the Board vacancy seat that expires 2009. Motion passed by a unanimous voice vote. c. Election of Officers — Chair & Vice Chair It was Moved, S. Arndt to re -elect C. Lorenson as Chair. It was Moved, S.L. Adinolfi and seconded to elect S. Arndt as Vice Chair. Motion carried. J. Public Comments T. Mitchell told the Board that the asphalt at the end of Spruce Cape is being cut into by contractor's equipment. She also wanted to let the Board know when concrete is poured the shoot is cleaned out in the drainage areas. Gravel is getting ground into the pavement when the roads are being graded. She also stated she doesn't want to pay for Woodland Acres to be paved. K. Board Member Comments S. Arndt — none. S.L. Adinolfi told the Board that in the Minutes of May 6 it was stated the Chair was going to get the cost of paving & repair of pot holes on Selief Lane, but it hasn't happened yet so she hopes the Board can anticipate getting those figures sometime in the near future. She asked about Selief Lane and guessed it would remain on the agenda for some time to come. She agreed that there's something to be said for having only one big group in town to do the work, but at the same time there's something to be said that if SA #1 is paying Brechan to do work for them, they should be able to expect the best they can give and not letting them slide N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Draft Minutes 09 December 08.doc because next year we're afraid they might not have them. She said there needs to be a middle line where the Service Area gets the work done that needs to be done and they get the quality work done without giving too much thought as to Brechan being the only contractor. She said she had some complaints re: grading on Cliffside. Asked the Board how they did with the Budget, accomplishment list and priorities list. D. Symmons told the Chair he valued his knowledge on the road service contract. He said he was glad S.L. Adinolfi and K. Arndt decided to stay on the Board. He asked the Board what he should tell the constituents of the Service Area that live on state maintained roads and are paying Service Area #1 taxes. K. Ardnt welcomed A. Torres to the Board. He told the Board they need to have meetings more often, definitely quarterly. As far as contractors and snow removal, what's happened is Brechan has cancelled all their road service contracts except for Service Area #1. MK Enterprises filled in for them when needed. He believes Brechan will continue with the contract and if they can't get to the work they can call in another contractor. As far as Brechan bidding for the contract next spring, he's not sure if they will or not. He told the Board if Brechan didn't bid on the contract MK Enterprises would. Chair Lorenson told the Board that MK Enterprises bailed Brechan out on several occasions. He, Brechan and MK got it worked out, that if Brechan wasn't able to take care of the service area roads Brechan would call MK out and email the Borough that MK was going to be doing the work and invoicing the Borough directly. He told the Board he appreciates their faith in him and he feels Scott and he will do a good job. K. Meeting Schedule Next meeting scheduled for January 13, 2009. 0. Adjournment There being no further business before the Board, it was Moved, S. Arndt and seconded to adjourn the meeting at 8:05pm. N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Draft Minutes 09 December 08.doc Submitted By: Mary J. Bar Engineerin Approve Charlie Loren on, Chair Service Area No. 1 Date: Date: N: \EF \Service Districts \Service Area No. 1 Board \Agendas and Minutes \Service District Minutes \SA #1 Minutes 2008 \Draft Minutes 09 December 08.doc Board Members Present Not Present Excused Altenhof, Barry ✓ Hinkle, Bill ✓ Holm, Freya ✓ Mahoney, Ed ✓ Owen, Marion ✓ Pillans, Rick ✓ Rohrer, Dan ✓ 5:20pm Call to Order Chair Mahoney called to order the Fegular Meeting of the SNAB at 5:16pm on May 7, 2008 at KIB Conference Roll Call M. Barber conducted a roll call and a quorum was established. The following persons were present: Also in attendance were: Ex-Offido Members Deb Darminio, Mark Kozak, Chris Lynch and Tracy Mitchell. Ack Gifford, Woody liming, Nova Javier and Marylynn McFarland, Kodiak Island Borough. Chroll Tracy, Kodiak anitation. Others present were Alan Torres, Eric Engvall and Cheryl Bochland. Approval of Agenda SOUD WASTEADVISDRY BOARD R3ULAR M STING M INUTES May 7, 2008 @ 5:15 PM Borough Conference Roan i AUG - 3 2008 It was Moved, R RIlans and seconded to approve the Agenda with the addition of informational letters from M. Mien to R (afford under New Busnessfor discussion. Approval of M i nutes None Visitor Comments None e it s a. gaff F sport — Clerk Presentation of Open Meetings Act N:\ Ill Baler Fadl ity\ Solid Waste Advisory Board\ FY2008\ M inutes107 May 2008 N. Javier gave a presentation on Open Meetings Act. Discussion followed and some points were, Who is Covered by OMA, What is a Meeting, Fblicy Dedson Making Body is any gathering where either a majority of 4 or more members of the body (whichever is less) are present and the members collectively consider any matter upon which the body is empowered to ad. Advisory Only Body is a gathering of any number of members of the body that is prearranged for the purpose of considering any matter upon which the body is empowered to ad. Agenda settings can be advertised or a staff member can set the agenda, or put Agenda setting under Other Items on the meeting agenda Teleconference meetings must be advertised along with the phone number. Issues: Telephone polling, serial communications, and e-mail — a series of ells or contacts may drcumvent the OMA by predetermining the outcome without public discussion. Sometimes an outsider ads as a go between. &nails- contacts too many members. Greater concerns for advisory—only body. Advertisement needs to be made of members attending %dal Gatherings. The Board needs to ask themselves — Do you have a hidden purpose? Chair Mahoney asked if the Board had any questions for N. Javier. D. Darminio asked if N. Javier would be available to come back to the Board and give a similar presentation on Parliamentary Procedures. N. Javier said she would. Chair Mahoney asked about appointments by the Borough Mayor. N. Javier said that Boards terms appointed by the Assembly run from January 1 to December 31 and it would be reflected in the Motion. Chair Mahoney asked Manager Gfford how he was doing with the Bell Report. R Gfford said that the Borough has received documents from Bell & Assodatesfor review, but the Draft Ran has not been received yet. Unfinished Business New Business a. Bedion of Chair and Vice -Chair Chair Mahoney nominated D. Fbhrer as Chair, D. Fbhrer dedined. It was Moved, R Rllansto nominate D. Darminio as Chair and it was seconded, Motion carried with a roll call vote. It was Moved, D. Fbhrer to nominate B. Altenhoff as Vice Chair and it was seconded, Motion carried with a roll call vote. a. Discussion of the Introduction of Letters from M. Owen N:\ 8 \ Baler Facility\ SD Iid Waste Advisory Board\ FY2008\ Minutes\ 07 May 2008 M. Owen shared with the Board the Fbwers and Duties of the Solid Waste Advisory Board. Sie presented letters to Manager Gifford implementing existing lIB Code 8.20.041, a letter requesting the changing and implementing of KlB Cbde relating to Dumpsters and a letter requesting the I -firing of a Waste Fbduction Serialist. B. Altenhoff shared with the Board Chapter 2.53 of the Borough Cbde that created the Board and what they are tasked with. Chair Mahoney told the Board when the Bell Fbport came, he would like to see the Board go all out with educating the public. Visitor Comments None Board 03mments B. Altenhoff asked N. Javier what would be the be way for the Board to build an Agenda. N. Javier told the Board that she gave them three options earlier. The Board should set a deadline as to when items can be forwarded to M. Barber. M. Barber suggested that seven days advance gives her the opportunity to get the packet together and advertise. M. Owen challenged the Board to partidpate in the community deanup this coming Saturday. T. Mitchell — None D. Fbhrer — None R Rllais— None Chair Mahoney thanked the Board for working with him as Chair. He wished D. Darminio and B. Altenhoff good luck. He said he understood the Alaska Waste contrail was extended. He looksforward to getting the Bell Fbport. Meeting Scheduled Chair Mahoney set the next Work Sbssion for May 21, 2008. Mourn There being no further business the meeting was adjourned at 6:55pm. N: \B1 Baler Fadlity\Sblid Waste Advisory Board\ F12008\Minutes107 May2008 SUBN ITT® BY: Mary d Bar • :;,. etary NB Engineers g/ Facilities Department APPROVED BY Barry Altenhof, Chair Solid Waste Advisory Board Date: 4 8 - (C.01 ©g Date: gib fa N:\ ER Baler Facility\ Solid Waste Advisory Board\ F12008 \Minutes\ 07 May 2008 Kodiak Island Borough Assembly Regular Meeting Guidelines February 19, 2009, 7:30 p.m., Borough 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 excuse Assembly member Branson who is out on personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( ilk) 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 as submitted. ROLL CALL VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of December 18, 2008 and January 22, 2009. 6. AWARDS AND PRESENTATIONS A. Student of the Month — Mayor Selby B. Employee of the Quarter — Manager Gifford C. Employee of the Year — Manager Gifford D. Presentation of Certified Municipal Clerk Designation — Mayor Selby E. Certificate of Recognition for the KIB Seismic Hazard Mitigation Program — Duane Dvorak F. Certificate of Recognition for Justin Blott — Mayor Selby 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 A. KICVB Update — Janet Buckingham Kodiak Island Borough Assembly Guidelines February 19, 2009 Page 1 APPEAL TO THE ASSEMBLY Clerk's Note: Attached on is a request to move agenda item 13.D.1 OTHER ITEMS, APPEAL TO THE ASSEMBLY before 9.A PUBLIC HEARING. Although this is allowable, please take into consideration that we advertised having this item at a later point in the regular order of business and some might miss their opportunity to participate. Recommended motion: Move to suspend the rules and take up item 13.D.1. APPEAL TO THE ASSEMBLY. ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES. (If the rules are suspended, see 13.D.1 Other Items — APPEAL TO THE ASSEMBLY, page 5 of guidelines.) 9. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Request for New Ownership of Southern -Odom Wine and Spirits of Alaska LLC, Wholesale License #4860. Recommended motion: Move to voice non - protest to the State of Alaska Al • • is Beverage = oard. Staff report — Clerk Javier 1 5 earing. 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 three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B rdinance No. FY2009 -14 Amending Kodiak Island Borough Code of Ordinances, Title 3 Revenue and Finance Chapter 3.10 Public Finance — Management and Accounting by Repealing Section 3.10.130 Education Fund. Recommended motion: Move to adopt Ordinance No. FY2009 -14. Staff report — Manager Gifford Open public hearing. 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 three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 19, 2009 Page 2 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Ordinance No. FY2009 -03 Rezoning Four (4) Parcels of Land in the Russian Creek Subdivision, Totaling Approximately 20 Acres, From B- Business To RR1 — Rural Residential One District. (P &Z Case 08 -023) Clerk's Note: This ordinance was postponed and referred back to the Planning & Zoning Commission after a public hearing was held at the August 7, 2008 regular meeting. The motion before the Assembly is to adopt Ordinance No. FY2009 -03. The recommendation of the Commission is to fail this ordinance. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION TO ADOPT ORDINANCE NO. FY2009 -03. 13. NEW BUSINESS A. CONTRACTS - None. B. RESOLUTIONS 1. Resolution No. FY2009 -19 Establishing Citizens Board of Equalization Dates for the Year 2009. Recommended motion: Move to adopt Resolution No. FY2009 -19. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2009 -20 Authorizing the Borough to Issue General Obligation Refunding Bonds in the Principal Amount Not to Exceed $7,150,000 to Refund Certain Outstanding General Obligation Bonds of the Borough, Fixing Certain Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters. Recommended motion: Move to adopt Resolution No. FY2000 -20. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 19, 2009 Page 3 C. ORDINANCES FOR INTRODUCTION 1. *Ordinance No. FY2009 -15 Rezoning Lots 20, 21, and 22 Of U.S. Survey 3098 From B- Business To PL- Public Use Lands. 2. *Ordinance No. FY2009 -16 Amending Kodiak Island Borough Code of Ordinances by Renaming Title 12 Streets and Sidewalks to Title 12 Naming Buildings, Public Facilities, Streets and Sidewalks and Creating Chapter 12.15 Buildings, Other Fixed Facilities and Public Places. 3. Ordinance No. FY2009 -17 Amending the Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel by Adding Chapter 2.150 Fisheries and Oceanic Research Board and Amending Chapter 2.100 Boards, Committees, and Commissions Section 2.100.010 Board, Committee, and Commission Members Subject to This Chapter. Recommended motion: Move to adopt Ordinance No. FY2009 -17 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. Ordinance No. FY2009 -18 Rezoning Tract A, U.S. Survey 4964 From C- Conservation To RR2- Rural Residential Two. Recommended motion: Move to adopt Ordinance No. FY2009 -18 in first reading to advance to public hearing at the next regular meeting of the Assembly. Staff Report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION D. OTHER ITEMS Kodiak Island Borough Assembly Guidelines February 19, 2009 Page 4 APPEAL TO THE ASSEMBLY An Appeal to the Planning and Zoning Commission's Decision on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1st Addition; and Lot 2, Block 2, Kadiak Alaska 1st Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1st Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1s Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Clerk's Note: 82 notice of appeal hearings were mailed. Returned are attached on Please announce: The Assembly shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per KIBC 16.90.070: At the hearing before the assembly, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. Mayor please announce: The following persons may present oral argument on the appeal: Persons who have submitted written argument on the appeal: John Huster Robert W. Barton , / Angela Eastman- Ayte'and Aaron Aytes Garry ayd Patricia Kernarij Robe n and Heather Onders Mike and Lisa Reutpr Suzanne Rapoza , Joe Bailor Dane Larsen Lavender Beattie Eric Beattie Heather Norton Emil Norton Todd Emerson Cami Warner Mary Ocampo Tricia Krug Duncan Field Holly Wiltse Alan Wiltse V John K. Larsen Jason Ball Patricia Kernan Karleton Short Daniel Rohrer Brooke Hall J Ed Mahoney Kodiak Island Borough Assembly Guidelines February 19, 2009 Page 5 Testified before the commission: Alan Wiltse Suzanne Rapoza/ Garry Kernan Cami Warner 1/ Submitted written comments to the commission: Martha Randolph Duncan Fields Th order of oral argument is as follows: 1. ° rough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes - (Mike Anderson and Dan Rohrer, Kodiak Christian School) 3. Private person supporting the appeal: 10 minutes 4. Private person opposing the appeal: 10 minutes 5. Appellant, for rebuttal: 10 minutes - (Mike Anderson and Dan Rohrer, Kodiak Christian School) Clarification: Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per KIBC 16.90.070: Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. PLEASE ASK THOSE SPEAKING TO IDENTIFY THEMSELVES, SIGN, AND PRINT THEIR AMES ON THE SIGN -IN SHEET. It is recommended that questions for the testifiers not be asked during their testimony. If further clarification on their testimony is needed, please ask the Mayor to call the person back to the podium during the debate. Read phone numbers: Local is 486 -3231 and toll free is 1- 800 - 478 -5736 Assembly discussion. The Assembly may convene into executive session for deliberation as a quasi-judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings -of -fact. If an executive session is desired: Recommended motion: Move to convene into executive session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. After the vote, Mayor Selby invites the Manager and Clerk's office staff to join the executive session and recesses the Appeal to the Assembly. Kodiak Island Borough Assembly Guidelines February 19, 2009 Page 6 Upon returning from the executive session, Mayor Selby reconvenes the Appeal to the Assembly. DISCUSSION ON FINDINGS OF FACT - The findings of fact will be based on this discussion -- please give staff clear direction on the findings of fact. Per KIBC 16.90.090 Decision. A. The Assembly shall either affirm or reverse the decision of the Commission in whole or in part. If the Assembly fails to approve the reversal of the Commission's decision, that decision is affirmed. Recommended motion: Move to Affirm - IN WHOLE OR IN PART the Planning and Zoning Commission's Decision on Case No S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and L 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIB 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1s Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) OR Recommended motion: Move to Reverse - IN WHOLE OR IN PART the Planning and Zoning Commission's Decision on Case No S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) Clerks Note: If the Assembly fails to affirm, a motion to reverse is in order. If the Assembly fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION. Recommended motion: Move to postpone the Findings -of -Fact of the Borough Assembly on the Planning and Zoning Commission's Decision on Case No. S09 -010 DENYING Preliminary approval, according to KIBC 16.40, of the re- subdivision of Lots 18 and 19, Block 2, Trinity Islands Subdivision; and the re- subdivision of Lot 3B -1, Lot 3B -2, and Lot 2, Block 1, Kadiak Alaska 1 Addition; and Lot 2, Block 2, Kadiak Alaska 1 Addition; including a vacation of the 60 -foot wide Perenosa Drive right -of -way, according to KIBC 16.60, to create Lots 18A and 19A, Block 2, Trinity Islands Subdivision and Lots 3B -1A and 2A, Block 1, Kadiak Alaska 1 Addition; Lot 2A, Block 2, Kadiak Alaska 1 Addition; and Tracts B (Utility Corridor) and C (Park), within Kadiak Alaska 1 Addition. Applicants: Michael Anderson and Daniel A. Rohrer (Kodiak Christian School) to the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines February 19, 2009 Page 7 Kodiak Island Borough Assembly Guidelines February 19, 2009 2. Confirmation of Mayoral Appointment to the Kodiak Arts Council Advisory Board. Recommended motion: Move to confirm the Mayoral appointment of Cathy Wilson to the Kodiak Arts Council Advisory Board for a term to expire October 2009. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION. 3. Confirmation of Assembly Appointments to the Personnel Advisory Board. Recommended motion: Move to confirm the Assembly appointment of Mr. Thomas L. Cagle and Ms. Brenda Zawacki to the Personnel Advisory Board for terms to expire December 2011. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION. 4. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. Recommended motion: Move to confirm the Mayoral appointment of Ms. Jennifer Vickstrom to the Planning and Zoning Commission City Seat for a term to expire October 2011. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION. 5. Confirmation of Assembly Appointment to the Board of Equalization. Recommended motion: Move to confirm the assembly appointment of Mr. John Parker to the Board of Equalization for a term to expire December 2011. Staff Report — Clerk Javier ROLL CALL VOTE ON MOTION. 6. Request by Mr. Omar Stratman for an Amicus Brief Clerk's Note: Attached is the packet regarding this request. Recommended motion: Move to grant the request of Mr. Stratman by directing the Borough Attorney to draft an amicus brief. Staff Report — Manager Gifford Assembly Discussion. Page 8 February 19, 2009 The Assembly may convene into executive session for deliberation for potential or pending litigation to which the borough may become or is a party and for confidential attorney - client communications made for the purpose of facilitating the rendition of professional legal services to the borough. Recommended motion: Move to convene into executive session for deliberation for potential or pending litigation to which the borough may become or is a party and for confidential attorney - client communications made for the purpose of facilitating the rendition of professional legal services to the borough. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. After the vote, Mayor Selby invites the manager and clerk's office staff to join you in executive session and recesses the Regular Meeting. Upon returning from the executive session, Mayor Selby reconvenes the Regular Meeting. 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 next Assembly work session is scheduled on Thursday, February 26, 2009 at 7:30 p.m. in the Borough Conference Room and the next Assembly regular meeting is scheduled on Thursday, March 5, 2009 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines Page 9 NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT The Department of Commerce, Community, and Economic Development proposes to adopt regulation changes in Title 3 of the Alaska Administrative Code, dealing with the Coastal Impact Assistance Program Competitive Grants, including the following: Chapter 196 is being added under 3 AAC regarding the Coastal Impact Assistance Program Competitive Grant Program. The new chapter establishes procedures which apply, subject to the availability of appropriations, to the allocation and distribution by the department of funds for competitive grants through the Coastal Impact Assistance Program. You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Sally Russell Cox at the Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs, 550 West 7th Avenue, Suite 1770, Anchorage, Alaska 99501. The comments must be received no later than 5:00 p.m. on February 27, 2009. A public information teleconference will be held on February 12, 2009 from 9:00 a.m. to 10:00 a.m. The teleconference will be a question- and - answer session and will be open to the public. The teleconference number is 1- 800 - 315 -6338; Passcode 4588 #. If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Regina Senior at 269 -4580 no later than February 5, 2009 to ensure that any necessary accommodations can be provided. For a copy of the proposed regulations, contact Sally Russell Cox at the above mailing address, or go to http: // commerce. state .ak.us /dcra/pub /DCCED_CIAP Grant Regulations.pdf . After the public comment period ends, the Department of Commerce, Community, and Economic Development will either adopt these or other provisions dealing with the same subject, without further notice, or decide to take no action on them. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Statutory Authority: AS 44.33.020 Statutes Being Implemented, Interpreted, or Made Specific: AS 44.33.020 Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation. KODIAK ISLAM) BOROUGH CLERK'S OFFICE C011 5,1) TO: V ASSEMBLY N. MAYOR_ MANGER ____ _ ._ . ;:if?THER DATE: January 27, 2009 FEB 2 2009 S�IIy R - ox, Program Ad inistrator Depa ent of Commerce, Community, and Economic Development %. t g \ W m u) 1 ON 63J The mayor may not vo)e except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. S3A 1 LOA 'b J Mr. Friend Ms. Fulp Ms. Jeffrey" Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby Z >' W ` m u) ON 1 S3A lis u Mr. Friend Ms. Fulp j Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby ON I S3A .1 .1 Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes EIR VOTE? VI TOTAL: Mayor Selby 1 Q , V dillP 5: W m cn a.. ON S3A Mr. Friend dinj •sw Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby z 0 5.: W m u) c:)-- z z 0 5: W m m IoNI S3A IEEE Ms. Jeffrey Mr. Kaplan IVA M s. Lynch r , Ms. Stutes IV, Ms. Branson Mr. Friend Ms. Fulp TOTAL: Mayor Selby 0 0 SLAND BOROUGH ASSEMBLY ROLL CALL SHEET i S a i , The mayor may not vote except in the case where six members of the assembly are present and there is aThree/three tie vote of the assembly. S3A s\ uosusug •sW Mr. Friend MO dlnd •sw Ms. Jeffrey Mr. Kaplan Ms. Lynch Mayor Selby zz --r o �- W m . It _a._ G S3A uosu Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Mayor Selby • U W m cn Si° _ R t . . $---)., Z � 0 W M M S3A Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes EIR VOTE? V I TOTAL: Mayor Selby V G Z (;‘' O W m N S3A Mr. Friend din.d •syi Ms. Jeffrey Mr. Kaplan Ms. Lynch Mayor Selby z o W m m .. S3A Mr. Friend Ms. Fulp Ms. Jeffrey uelde>i •aw Ms. Lynch Mayor Selby 0 c z O_ SLAND BOROUGH ASSEMBLY ROLL CALL SHEET 1 A §) 431 ■C;> >- W m N ONI S3A EMI . .. 14 : _l •1 Mr. Friend !r Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch ON S3A Eli! I kV Z O >- W m N Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch • a C Z >_ W -� CO N ON S3A ERZ 1 Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes EIR VOTE? VI TOTAL: O z O i- w CO v) ON S3A , , Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan t fl Ms. Lynch o Z W m N ON I S3A uosue g sw Mr. Friend r dlnd 'WI Ms. Jeffrey Mr. Kaplan Ms. Lynch �r1 1- W 0 W 2 N J J V J J J 2 W co 0 N 2 0 re 0 Z 0 c 0 - 0 a) c. - o 0 c 0 i t 1 ON The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. • S3A ‘I...\ Ms. Branson Mr. Friend din • sI Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby • ON S3A pua!Jd 'JW dlnj •sw Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes* TOTAL: Mayor Selby O W CO CO V =2'.', �0 ON S3A \\ \ Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes IEIR VOTE? VI TOTAL: Mayor Selby D ..- Z 0 W m m ON S3A • �. Mr. Friend dinj •sw (aajjar Sw Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby G Z O W m u Q Z O W m N LON S3A Ms. Branson Mr. Friend ¶; •S Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Aguas Joi(eW G Y (C O U G z 0 w m Cl) ON The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. 1 S3A Ms. Branson Mr. Friend dind sw Ms. Jeffrey ueideN JW Ms. Lynch Ms. Stutes TOTAL: Mayor Selby 0 z 0 0 m cn ON I S3A Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Agies Joifew 0 z 0 5: w m Cl) ON S3A Ms. Branson Mr. Friend ding •sW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes EIR VOTE? VI TOTAL: Mayor Selby G z O w m cn ON S3A 1 - Brans Mr. Friend dind sW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes :iy101( Mayor Selby ■ z O ON . S3A Mr. Friend dind •syA Ms. Jeffrey ueideN •Jw Ms. Lynch Ms. Stutes TOTAL: Mayor Selby w m to ePfi- A , p_ di IN l 110 2 IIIWT ( gftb- 1 ■Raid AL At ?t,i.A „ v.._ Lac..5 (,€)7 7 -.' F1,4 1>e I. cti/ha44L__ 2 ;410)01/ert, --- -- 1\)1 c T sacalf\ K) ( _&f / (/�5�� re. 1) c , A ik 4 b t--1-- 4/24 ci 4 6 e im. e)-ri o 25 le. /04614 ' IV C__________-/ 1 ' fa f)&-./eL6 *c\l A t,(` i‘Ciiii\ (;.16i,) Ck. e-v(i) -- Scrifvw___ 0:-, A( 47 I /4-a--4 .L--- iii/k \I al .(1f7-asy cd)L'a„..^ KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Ai q Please PRINT your name Please PRINT your name